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90_SB1386sam001
LRB9011263RCpcam
1 AMENDMENT TO SENATE BILL 1386
2 AMENDMENT NO. . Amend Senate Bill 1386 by replacing
3 the title with the following:
4 "AN ACT in relation to visitation rights, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Marriage and Dissolution of
9 Marriage Act is amended by changing Section 607 as follows:
10 (750 ILCS 5/607) (from Ch. 40, par. 607)
11 Sec. 607. Visitation.
12 (a) A parent not granted custody of the child is
13 entitled to reasonable visitation rights unless the court
14 finds, after a hearing, that visitation would endanger
15 seriously the child's physical, mental, moral or emotional
16 health. If the custodian's street address is not identified,
17 pursuant to Section 708, the court shall require the parties
18 to identify reasonable alternative arrangements for
19 visitation by a non-custodial parent, including but not
20 limited to visitation of the minor child at the residence of
21 another person or at a local public or private facility.
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1 (b) (1) The court may grant reasonable visitation
2 privileges to a grandparent, great-grandparent, or sibling of
3 any minor child upon petition to the court by the
4 grandparents or great-grandparents or on behalf of the
5 sibling, with notice to the parties required to be notified
6 under Section 601 of this Act, if the court determines that
7 it is in the best interests and welfare of the child, and may
8 issue any necessary orders to enforce such visitation
9 privileges. Except as provided in paragraph (2) of this
10 subsection (b), a petition for visitation privileges may be
11 filed under this subsection (b) whether or not a petition
12 pursuant to this Act has been previously filed or is
13 currently pending if one or more of the following
14 circumstances exist:
15 (A) the parents are not currently cohabiting on a
16 permanent or an indefinite basis;
17 (B) one of the parents has been absent from the
18 marital abode for more than one month without the spouse
19 knowing his or her whereabouts;
20 (C) one of the parents is deceased;
21 (D) one of the parents joins in the petition with
22 the grandparents, great-grandparents, or sibling; or
23 (E) a sibling is in State custody.
24 (2)(A) A petition for visitation privileges shall not be
25 filed pursuant to this subsection (b) by the parents or
26 grandparents of a putative father if the paternity of the
27 putative father has not been legally established.
28 (B) A petition for visitation privileges may not be
29 filed under this subsection (b) if the child who is the
30 subject of the grandparents' or great-grandparents' petition
31 has been voluntarily surrendered by the parent or parents,
32 except for a surrender to the Illinois Department of Children
33 and Family Services or a foster care facility, or has been
34 previously adopted by an individual or individuals who are
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1 not related to the biological parents of the child or is the
2 subject of a pending adoption petition by an individual or
3 individuals who are not related to the biological parents of
4 the child.
5 (3) When one parent is deceased, the surviving parent
6 shall not interfere with the visitation rights of the
7 grandparents.
8 (c) The court may modify an order granting or denying
9 visitation rights whenever modification would serve the best
10 interest of the child; but the court shall not restrict a
11 parent's visitation rights unless it finds that the
12 visitation would endanger seriously the child's physical,
13 mental, moral or emotional health.
14 (d) If any court has entered an order prohibiting a
15 non-custodial parent of a child from any contact with a child
16 or restricting the non-custodial parent's contact with the
17 child, the following provisions shall apply:
18 (1) If an order has been entered granting
19 visitation privileges with the child to a grandparent or
20 great-grandparent who is related to the child through the
21 non-custodial parent, the visitation privileges of the
22 grandparent or great-grandparent may be revoked if:
23 (i) a court has entered an order prohibiting
24 the non-custodial parent from any contact with the
25 child, and the grandparent or great-grandparent is
26 found to have used his or her visitation privileges
27 to facilitate contact between the child and the
28 non-custodial parent; or
29 (ii) a court has entered an order restricting
30 the non-custodial parent's contact with the child,
31 and the grandparent or great-grandparent is found to
32 have used his or her visitation privileges to
33 facilitate contact between the child and the
34 non-custodial parent in a manner that violates the
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1 terms of the order restricting the non-custodial
2 parent's contact with the child.
3 Nothing in this subdivision (1) limits the authority
4 of the court to enforce its orders in any manner
5 permitted by law.
6 (2) Any order granting visitation privileges with
7 the child to a grandparent or great-grandparent who is
8 related to the child through the non-custodial parent
9 shall contain the following provision:
10 "If the (grandparent or great-grandparent, whichever
11 is applicable) who has been granted visitation privileges
12 under this order uses the visitation privileges to
13 facilitate contact between the child and the child's
14 non-custodial parent, the visitation privileges granted
15 under this order shall be permanently revoked."
16 (e) No parent, not granted custody of the child, or
17 grandparent, or great-grandparent, or sibling of any minor
18 child, convicted of any offense involving an illegal sex act
19 perpetrated upon a victim less than 18 years of age including
20 but not limited to offenses for violations of Article 12 of
21 the Criminal Code of 1961, is entitled to visitation rights
22 while incarcerated or while on parole or mandatory supervised
23 release for that offense, and upon discharge from
24 incarceration for a misdemeanor offense or upon discharge
25 from parole or mandatory supervised release for a felony
26 offense, visitation shall be denied until said person
27 successfully completes a treatment program approved by the
28 court.
29 (f) Unless the court determines that it would be in the
30 best interests of the child to allow visitation or the child
31 is a suitable age to signify his or her assent and assents to
32 the order, no court shall enter an order providing visitation
33 rights and shall revoke visitation rights previously granted
34 to any person who would otherwise be entitled to petition for
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1 visitation rights under this Section who has been convicted
2 of first degree murder of the parent, grandparent,
3 great-grandparent, or sibling of the child who is the subject
4 of the order. Until an order is entered, no person shall
5 visit, with the child present, a person who has been
6 convicted of first degree murder of the parent, grandparent,
7 great-grandparent, or sibling of the child without the
8 consent of the child's custodian or legal guardian.
9 (Source: P.A. 88-23; 88-267; 88-670, eff. 12-2-94; 89-488,
10 eff. 6-21-96.)
11 Section 10. The Probate Act of 1975 is amended by
12 changing Section 11-7.1 as follows:
13 (755 ILCS 5/11-7.1) (from Ch. 110 1/2, par. 11-7.1)
14 Sec. 11-7.1. Visitation rights.
15 (a) Whenever both natural or adoptive parents of a minor
16 are deceased, visitation rights shall be granted to the
17 grandparents of the minor who are the parents of the minor's
18 legal parents unless it is shown that such visitation would
19 be detrimental to the best interests and welfare of the
20 minor. In the discretion of the court, reasonable visitation
21 rights may be granted to any other relative of the minor or
22 other person having an interest in the welfare of the child.
23 However, the court shall not grant visitation privileges to
24 any person who otherwise might have visitation privileges
25 under this Section where the minor has been adopted
26 subsequent to the death of both his legal parents except
27 where such adoption is by a close relative. For the purpose
28 of this Section, "close relative" shall include, but not be
29 limited to, a grandparent, aunt, uncle, first cousin, or
30 adult brother or sister.
31 Where such adoption is by a close relative, the court
32 shall not grant visitation privileges under this Section
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1 unless the petitioner alleges and proves that he or she has
2 been unreasonably denied visitation with the child. The
3 court may grant reasonable visitation privileges upon finding
4 that such visitation would be in the best interest of the
5 child.
6 An order denying visitation rights to grandparents of the
7 minor shall be in writing and shall state the reasons for
8 denial. An order denying visitation rights is a final order
9 for purposes of appeal.
10 (b) Unless the court determines that it would be in the
11 best interests of the child to allow visitation or the child
12 is of suitable age to signify his or her assent and assents
13 to the order, no court shall enter an order providing
14 visitation rights and shall revoke visitation rights
15 previously granted to any person who would otherwise be
16 entitled to petition for visitation rights under this Section
17 who has been convicted of first degree murder of the parent,
18 grandparent, great-grandparent, or sibling of the child who
19 is the subject of the order. Until an order is entered, no
20 person shall visit, with the child present, a person who has
21 been convicted of first degree murder of the parent,
22 grandparent, great-grandparent, or sibling of the child
23 without the consent of the child's custodian or legal
24 guardian.
25 (Source: P.A. 85-1274.)".