Sen. William Delgado

Filed: 5/19/2011

 

 


 

 


 
09700HB3005sam001LRB097 09026 AJO 55805 a

1
AMENDMENT TO HOUSE BILL 3005

2    AMENDMENT NO. ______. Amend House Bill 3005 on page 5, by
3replacing lines 11 through 19 with the following:
 
4"terminated in any manner provided by law. It does not include
5a person who has been or could be determined to be a parent
6under the Illinois Parentage Act of 1984, or similar parentage
7law in any other state, if that person has been convicted of or
8pled nolo contendere to a crime that resulted in the conception
9of the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11,
1012-13, 12-14, 12-14.1, subsection (a) or (b) (but not
11subsection (c)) of Section 11-1.50 or 12-15, or subsection (a),
12(b), (c), (e), or (f) (but not subsection (d)) of Section
1311-1.60 or 12-16 of the Criminal Code of 1961 or similar
14statute in another jurisdiction unless upon motion of any
15party, other than the offender, to the juvenile court
16proceedings the court finds it is in the child's best interest
17to deem the offender a parent for purposes of the juvenile

 

 

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1court proceedings."; and
 
2on page 11, by replacing lines 18 through 24 with the
3following:
 
4    "Section 10. The Illinois Parentage Act of 1984 is amended
5by changing Section 6.5 as follows:
 
6    (750 ILCS 45/6.5)
7    (Text of Section before amendment by P.A. 96-1551)
8    Sec. 6.5. Custody or visitation by sex offender prohibited.
9    (a) This Section applies to a person who has been found to
10be the father of a child under this Act and who has been
11convicted of or who has pled guilty or nolo contendere to a
12violation of Section 11-1.20 (criminal sexual assault),
13Section 11-1.30 (aggravated criminal sexual assault), Section
1411-1.40 (predatory criminal sexual assault of a child), Section
1511-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated
16criminal sexual abuse), Section 11-11 (sexual relations within
17families), Section 12-13 (criminal sexual assault), Section
1812-14 (aggravated criminal sexual assault), Section 12-14.1
19(predatory criminal sexual assault of a child), Section 12-15
20(criminal sexual abuse), or Section 12-16 (aggravated criminal
21sexual abuse) of the Criminal Code of 1961, or a similar
22statute in another jurisdiction, for his conduct in fathering
23that child.

 

 

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1    (b) A person described in subsection (a) shall not be
2entitled to custody of or visitation with that child without
3the consent of the child's mother or guardian. If the person
4described in subsection (a) is also the guardian of the child,
5he does not have the authority to consent to visitation or
6custody under this Section. If the mother of the child is a
7minor, and the person described in subsection (a) is also the
8father or guardian of the mother, then he does not have the
9authority to consent to custody or visitation.
10    (c) Notwithstanding any other provision of this Act,
11nothing in this Section shall be construed to relieve the
12father described in subsection (a) of any support and
13maintenance obligations to the child under this Act.
14A person found to be the father of a child under this Act, and
15who has been convicted of or who has pled guilty to a violation
16of Section 11-11 (sexual relations within families), Section
1712-13 (criminal sexual assault), Section 12-14 (aggravated
18criminal sexual assault), Section 12-14.1 (predatory criminal
19sexual assault of a child), Section 12-15 (criminal sexual
20abuse), or Section 12-16 (aggravated criminal sexual abuse) of
21the Criminal Code of 1961 for his conduct in fathering that
22child, shall not be entitled to custody of or visitation with
23that child without the consent of the mother or guardian, other
24than the father of the child who has been convicted of or pled
25guilty to one of the offenses listed in this Section, or, in
26cases where the mother is a minor, the guardian of the mother

 

 

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1of the child. Notwithstanding any other provision of this Act,
2nothing in this Section shall be construed to relieve the
3father of any support and maintenance obligations to the child
4under this Act.
5(Source: P.A. 94-928, eff. 6-26-06.)
 
6    (Text of Section after amendment by P.A. 96-1551)
7    Sec. 6.5. Custody or visitation by sex offender prohibited.
8    (a) This Section applies to a person who has been found to
9be the father of a child under this Act and who has been
10convicted of or who has pled guilty or nolo contendere to a
11violation of Section 11-1.20 (criminal sexual assault),
12Section 11-1.30 (aggravated criminal sexual assault), Section
1311-1.40 (predatory criminal sexual assault of a child), Section
1411-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated
15criminal sexual abuse), Section 11-11 (sexual relations within
16families), Section 12-13 (criminal sexual assault), Section
1712-14 (aggravated criminal sexual assault), Section 12-14.1
18(predatory criminal sexual assault of a child), Section 12-15
19(criminal sexual abuse), or Section 12-16 (aggravated criminal
20sexual abuse) of the Criminal Code of 1961, or a similar
21statute in another jurisdiction, for his conduct in fathering
22that child.
23    (b) A person described in subsection (a) shall not be
24entitled to custody of or visitation with that child without
25the consent of the child's mother or guardian. If the person

 

 

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1described in subsection (a) is also the guardian of the child,
2he does not have the authority to consent to visitation or
3custody under this Section. If the mother of the child is a
4minor, and the person described in subsection (a) is also the
5father or guardian of the mother, then he does not have the
6authority to consent to custody or visits.
7    (c) Notwithstanding any other provision of this Act,
8nothing in this Section shall be construed to relieve the
9father described in subsection (a) of any support and
10maintenance obligations to the child under this Act.
11A person found to be the father of a child under this Act, and
12who has been convicted of or who has pled guilty to a violation
13of Section 11-11 (sexual relations within families), Section
1411-1.20 or 12-13 (criminal sexual assault), Section 11-1.30 or
1512-14 (aggravated criminal sexual assault), Section 11-1.40 or
1612-14.1 (predatory criminal sexual assault of a child), Section
1711-1.50 or 12-15 (criminal sexual abuse), or Section 11-1.60 or
1812-16 (aggravated criminal sexual abuse) of the Criminal Code
19of 1961 for his conduct in fathering that child, shall not be
20entitled to custody of or visitation with that child without
21the consent of the mother or guardian, other than the father of
22the child who has been convicted of or pled guilty to one of
23the offenses listed in this Section, or, in cases where the
24mother is a minor, the guardian of the mother of the child.
25Notwithstanding any other provision of this Act, nothing in
26this Section shall be construed to relieve the father of any

 

 

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1support and maintenance obligations to the child under this
2Act.
3(Source: P.A. 96-1551, eff. 7-1-11.)
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act."; and
 
11on page 12 by deleting lines 1 through 21.