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Public Act 096-1074


 

Public Act 1074 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1074
 
SB2606 EnrolledLRB096 15539 AJO 30769 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Parentage Act of 1984 is amended by
changing Section 11 as follows:
 
    (750 ILCS 45/11)  (from Ch. 40, par. 2511)
    Sec. 11. Tests to determine inherited characteristics.
    (a) In any action brought under Section 7 to determine the
existence of the father and child relationship or to declare
the non-existence of the parent and child relationship, the
court or Administrative Hearing Officer in an Expedited Child
Support System shall, prior to the entry of a judgment in the
case, advise the respondent who appears of the right to request
an order that the parties and the child submit to
deoxyribonucleic acid (DNA) tests to determine inherited
characteristics. The advisement shall be noted in the record.
As soon as practicable, the court or Administrative Hearing
Officer in an Expedited Child Support System may, and upon
request of a party shall, order or direct the mother, child and
alleged father to submit to deoxyribonucleic acid (DNA) tests
to determine inherited characteristics. If any party refuses to
submit to the tests, the court may resolve the question of
paternity against that party or enforce its order if the rights
of others and the interests of justice so require.
    (b) The tests shall be conducted by an expert qualified as
an examiner of blood or tissue types and appointed by the
court. The expert shall determine the testing procedures.
However, any interested party, for good cause shown, in advance
of the scheduled tests, may request a hearing to object to the
qualifications of the expert or the testing procedures. The
expert appointed by the court shall testify at the pre-test
hearing at the expense of the party requesting the hearing,
except as provided in subsection (h) of this Section for an
indigent party. An expert not appointed by the court shall
testify at the pre-test hearing at the expense of the party
retaining the expert. Inquiry into an expert's qualifications
at the pre-test hearing shall not affect either parties' right
to have the expert qualified at trial.
    (b-1) Genetic testing must be of a type reasonably relied
upon by experts in the field of genetic testing and performed
in a testing laboratory accredited by the American Association
of Blood Banks, or a successor to its functions.
    (b-2) A specimen used in genetic testing may consist of one
or more samples, or a combination of samples, of blood, buccal
cells, bone, hair, or other body tissue or fluid.
    (b-3) The testing laboratory shall determine the databases
from which to select frequencies for use in calculation of the
probability of paternity based on the ethnic or racial group of
an individual. If there is disagreement as to the testing
laboratory's choice, the following procedures apply:
        (1) The individual objecting may require the testing
    laboratory, within 30 days after receipt of the report of
    the test, to recalculate the probability of paternity using
    an ethnic or racial group different from that used by the
    laboratory.
        (2) The individual objecting to the testing
    laboratory's initial choice shall:
            (A) if the frequencies are not available to the
        testing laboratory for the ethnic or racial group
        requested, provide the requested frequencies compiled
        in a manner recognized by accrediting bodies; or
            (B) engage another testing laboratory to perform
        the calculations.
    (b-4) If, after recalculation using a different ethnic or
racial group, genetic testing does not rebuttably identify a
man as the father of a child, an individual who has been tested
may be required to submit to additional genetic testing.
    (c) The expert shall prepare a written report of the test
results. If the test results show that the alleged father is
not excluded, the report shall contain statistics based upon
the statistical formula of Combined Paternity Index (CPI) and
the Probability of Paternity as determined by the probability
of exclusion (Random Man Not Excluded = RMNE) a combined
paternity index relating to the probability of paternity. The
expert may be called by the court as a witness to testify to
his or her findings and, if called, shall be subject to
cross-examination by the parties. If the test results show that
the alleged father is not excluded, any party may demand that
other experts, qualified as examiners of blood or tissue types,
perform independent tests under order of court, including, but
not limited to, blood types or other tests of genetic markers
such as those found by Human Leucocyte Antigen (HLA) tests. The
results of the tests may be offered into evidence. The number
and qualifications of the experts shall be determined by the
court.
    (d) Documentation of the chain of custody of the blood or
tissue samples, accompanied by an affidavit or certification in
accordance with Section 1-109 of the Code of Civil Procedure,
is competent evidence to establish the chain of custody.
    (e) The report of the test results prepared by the
appointed expert shall be made by affidavit or by certification
as provided in Section 1-109 of the Code of Civil Procedure and
shall be mailed to all parties. A proof of service shall be
filed with the court. The verified report shall be admitted
into evidence at trial without foundation testimony or other
proof of authenticity or accuracy, unless a written motion
challenging the admissibility of the report is filed by either
party within 28 days of receipt of the report, in which case
expert testimony shall be required. A party may not file such a
motion challenging the admissibility of the report later than
28 days before commencement of trial. Before trial, the court
shall determine whether the motion is sufficient to deny
admission of the report by verification. Failure to make that
timely motion constitutes a waiver of the right to object to
admission by verification and shall not be grounds for a
continuance of the hearing to determine paternity.
    (f) Tests taken pursuant to this Section shall have the
following effect:
        (1) If the court finds that the conclusion of the
    expert or experts, as disclosed by the evidence based upon
    the tests, is that the alleged father is not the parent of
    the child, the question of paternity shall be resolved
    accordingly.
        (2) If the experts disagree in their findings or
    conclusions, the question shall be weighed with other
    competent evidence of paternity.
        (3) If the tests show that the alleged father is not
    excluded and that the combined paternity index is at least
    1,000 to 1, and there is at least a 99.9 percent
    probability of paternity, the alleged father is presumed to
    be the father, and this evidence shall be admitted less
    than 500 to 1, this evidence shall be admitted by the court
    and shall be weighed with other competent evidence of
    paternity.
        (4) A man identified under paragraph (3) of subsection
    (f) as the father of the child may rebut the genetic
    testing results by other genetic testing satisfying the
    requirements of this Act which:
            (A) excludes the man as a genetic father of the
        child; or
            (B) identifies another man as the possible father
        of the child. If the tests show that the alleged father
        is not excluded and that the combined paternity index
        is at least 500 to 1, the alleged father is presumed to
        be the father, and this evidence shall be admitted.
        This presumption may be rebutted by clear and
        convincing evidence.
        (5) Except as otherwise provided in this Act, if more
    than one man is identified by genetic testing as the
    possible father of the child, the court shall order them to
    submit to further genetic testing to identify the genetic
    father.
    (g) (Blank). Any presumption of parentage as set forth in
Section 5 of this Act is rebutted if the court finds that the
conclusion of the expert or experts excludes paternity of the
presumed father.
    (h) The expense of the tests shall be paid by the party who
requests the tests, except that the court may apportion the
costs between the parties, upon request. Where the tests are
requested by the party seeking to establish paternity and that
party is found to be indigent by the court, the expense shall
be paid by the public agency providing representation; except
that where a public agency is not providing representation, the
expense shall be paid by the county in which the action is
brought. Where the tests are ordered by the court on its own
motion or are requested by the alleged or presumed father and
that father is found to be indigent by the court, the expense
shall be paid by the county in which the action is brought. Any
part of the expense may be taxed as costs in the action, except
that no costs may be taxed against a public agency that has not
requested the tests.
    (i) The compensation of each expert witness appointed by
the court shall be paid as provided in subsection (h) of this
Section. Any part of the payment may be taxed as costs in the
action, except that no costs may be taxed against a public
agency that has not requested the services of the expert
witness.
    (j) Nothing in this Section shall prevent any party from
obtaining tests of his or her own blood or tissue independent
of those ordered by the court or from presenting expert
testimony interpreting those tests or any other blood tests
ordered pursuant to this Section. Reports of all the
independent tests, accompanied by affidavit or certification
pursuant to Section 1-109 of the Code of Civil Procedure, and
notice of any expert witnesses to be called to testify to the
results of those tests shall be submitted to all parties at
least 30 days before any hearing set to determine the issue of
parentage.
(Source: P.A. 96-333, eff. 8-11-09; 96-474, eff. 8-14-09.)

Effective Date: 1/1/2011