90th General Assembly
Summary of SB1386
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Senate Sponsors:
TROTTER.

House Sponsors:
DART-GASH-RONEN-SILVA-SCHOENBERG

Short description: 
PROBATE ACT-VISITATION                                                     

Synopsis of Bill as introduced:
        Amends the Probate Act of 1975.  Prohibits a court from  entering      
   an  order  providing  visitation  rights  to  a  parent  who  has been      
   convicted of first degree murder of the other parent of the child  who      
   is  the  subject  of  the order unless the child is of suitable age to      
   signify his or her assent and assents to the order. Also provides that      
   until an order is entered, no person may visit  the  parent  with  the      
   child present without the consent of the child's guardian.                  
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          750 ILCS 5/607                  from Ch. 40, par. 607                
        Deletes everything.  Amends the Illinois Marriage and Dissolution      
   of Marriage Act and the Probate Act of 1975.  Provides that unless the      
   court determines that it would be in the best interests of the  child,      
   no  court  shall  enter an order providing visitation rights and shall      
   revoke visitation rights previously granted to a person who  has  been      
   convicted   of   first  degree  murder  of  the  parent,  grandparent,      
   great-grandparent, or sibling of the  child  who  is  subject  to  the      
   visitation  order,  unless the child is of suitable age to signify his      
   or her assent and assents to the order.                                     
        SENATE AMENDMENT NO. 2.                                                
        Makes a grammatical correction.                                        
          HOME RULE NOTE                                                       
          Contains no language preempting home rule authority.                 
          JUDICIAL NOTE                                                        
          No decrease or increase in the need for the number of judges.        
          FISCAL NOTE (Dpt. Children and Family Services)                      
          No adverse fiscal impact on DCFS.                                    
          STATE MANDATES ACT FISCAL NOTE                                       
          Fails to create a State mandate.                                     
        GOVERNOR'S AMENDATORY VETO MESSAGE                                     
        Recommends eliminating provisions allowing the child to signify        
   his or her assent to a visitation order providing visitation rights         
   to a person who was convicted of first degree murder of the parent,         
   grnadparent, great-grandparent or sibling of the child. Provides that       
   the court shall consider all relevant factors, including the factors        
   set forth in subsection (a) of Section 602 of the Illinois Marriage         
   and Dissolution of Marriage Act, and shall determine that is is in          
   the best interests of the child to allow visitation before allowing         
   visitation rights to persons convicted of the first degree murder of        
   the parent, grandparent, great-grandparent or sibling of the child.         
 
Last action on Bill: PUBLIC ACT.............................. 90-0801

   Last action date: 98-12-15

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   2


   END OF INQUIRY 



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