PATERNITY-DNA TEST REQUIRED Senate SponsorsSen. Iris Y. Martinez House Sponsors(Rep. John A. Fritchey-Paul D. Froehlich) 1/13/2009SenateSession Sine Die 305 ILCS 5/10-17.7750 ILCS 45/11from Ch. 40, par. 2511750 ILCS 45/14from Ch. 40, par. 2514Amends the Illinois Public Aid Code and the Illinois Parentage Act of 1984. Provides that in a proceeding under the Illinois Parentage Act of 1984, except in a case in which a party is in default, the court shall (instead of may, and upon request of a party shall) order or direct the mother, child, and alleged father to submit to DNA tests; provides an exception if both the mother and the alleged father have signed a waiver stating that (i) they have been informed of the requirement of DNA testing and (ii) they expressly waive that requirement. Provides that the Department of Healthcare and Family Services may not make an administrative determination of paternity, and the court may not enter a judgment of parentage, unless (1) the results of DNA tests of the mother, child, and alleged father have been admitted into evidence (provided that if a party is in default, the results of a DNA test need not be admitted into evidence) or (2) both the mother and the alleged father have signed a waiver stating that they have been informed of the requirement of DNA testing and they expressly waive that requirement. Requires the Department of Healthcare and Family Services to prescribe the form of the waiver and distribute copies of the waiver form to the circuit courts of the State. Effective immediately.Senate Committee Amendment No. 1 Deletes reference to:750 ILCS 45/14Adds reference to:410 ILCS 535/12from Ch. 111 1/2, par. 73-12Replaces everything after the enacting clause. Amends the Illinois Public Aid Code, the Vital Records Act, and the Illinois Parentage Act of 1984. Provides that the Department of Healthcare and Family Services' form for voluntary acknowledgement of paternity in connection with child support collection shall be the same form prepared by the Department and distributed to county clerks and registrars under the Vital Records Act. Provides that an acknowledgement of paternity and denial of paternity form shall include a statement informing the mother, the alleged father, and the presumed father, if any, that they have the right to request DNA tests regarding the issue of the child's paternity and that by signing the form, they expressly waive such tests. Provides that in an action brought under the Illinois Parentage Act of 1984 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 DNA tests to determine inherited characteristics; provides that the advisement shall be noted in the record. Effective immediately.Senate Committee Amendment No. 2 Adds reference to:720 ILCS 5/10-5.5Amends the Criminal Code of 1961. In provisions concerning the offense of unlawful visitation interference, changes the name of the offense to unlawful parenting time interference and changes references from "visitation" to "parenting time"; also adds references to "custody time".Senate Floor Amendment No. 3 With respect to the provisions of the Vital Records Act amended by Senate Amendment No. 1, requires that the statement on the acknowledgement and denial of paternity form concerning the right to request DNA tests be set forth in bold-face capital letters not less than 0.25 inches in height. With respect to the provisions of the Criminal Code of 1961 amended by Senate Amendment No. 2, changes the name of the offense from "unlawful parenting time interference" to "unlawful visitation or parenting time interference".House Amendment No. 1 Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion. 2/15/2008SenateFiled with Secretary by Sen. Iris Y. Martinez 2/15/2008SenateFirst Reading 2/15/2008SenateReferred to Rules 2/28/2008SenateAssigned to Judiciary Civil Law 3/6/2008SenateHeld in Judiciary Civil Law 3/10/2008SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Iris Y. Martinez 3/10/2008SenateSenate Committee Amendment No. 1 Referred to Rules 3/11/2008SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Iris Y. Martinez 3/11/2008SenateSenate Committee Amendment No. 2 Referred to Rules 3/11/2008SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary Civil Law 3/11/2008SenateSenate Committee Amendment No. 2 Rules Refers to Judiciary Civil Law 3/11/2008SenateSenate Committee Amendment No. 1 Adopted 3/11/2008SenateSenate Committee Amendment No. 2 Adopted 3/13/2008SenateDo Pass as Amended Judiciary Civil Law; 010-000-000 3/13/2008SenatePlaced on Calendar Order of 2nd Reading April 1, 2008 4/1/2008SenateSecond Reading 4/1/2008SenatePlaced on Calendar Order of 3rd Reading April 2, 2008 4/2/2008SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Iris Y. Martinez; -Dillard 4/2/2008SenateSenate Floor Amendment No. 3 Referred to Rules 4/9/2008SenateSenate Floor Amendment No. 3 Rules Refers to Judiciary Civil Law 4/10/2008SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary Civil Law; 008-000-000 4/15/2008SenateRecalled to Second Reading 4/15/2008SenateSenate Floor Amendment No. 3 Adopted; Martinez-Dillard 4/15/2008SenatePlaced on Calendar Order of 3rd Reading 4/15/2008SenateThird Reading - Passed; 052-000-000 4/15/2008HouseArrived in House 4/15/2008HousePlaced on Calendar Order of First Reading 4/15/2008HouseChief House Sponsor Rep. Paul D. Froehlich 4/15/2008HouseFirst Reading 4/15/2008HouseReferred to Rules Committee 4/17/2008HouseAlternate Chief Sponsor Changed to Rep. John A. Fritchey 4/17/2008HouseAdded Alternate Chief Co-Sponsor Rep. Paul D. Froehlich 5/1/2008HouseAssigned to Judiciary I - Civil Law Committee 5/9/2008HouseCommittee Deadline Extended-Rule 9(b) May 23, 2008 5/14/2008HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee 5/14/2008HouseHouse Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote 5/14/2008HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 013-000-000 5/14/2008HousePlaced on Calendar 2nd Reading - Short Debate 5/14/2008HouseSecond Reading - Short Debate 5/14/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/22/2008HouseThird Reading - Short Debate - Passed 109-000-000 5/23/2008SenateSecretary's Desk - Concurrence House Amendment(s) 01 5/23/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-May 27, 2008 5/23/2008SenateHouse Amendment No. 1 Motion to Non-Concur Filed with Secretary Sen. Iris Y. Martinez 5/28/2008SenateSenate Non-Concurs 01 5/29/2008HousePlaced on Calendar Order of Non-Concurrence House Amendment(s) 1 7/1/2008HouseRule 19(b) / Re-referred to Rules Committee 1/13/2009SenateSession Sine Die