State of Illinois
91st General Assembly
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Public Act 91-0746

SB1533 Enrolled                                LRB9112658DJcd

    AN ACT to amend the Illinois Marriage and Dissolution  of
Marriage Act by adding Section 604.5.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The  Illinois  Marriage  and  Dissolution  of
Marriage Act is amended by adding Section 604.5 as follows:

    (750 ILCS 5/604.5 new)
    Sec. 604.5.  Evaluation of child's best interest.
    (a)  In  a proceeding for custody, visitation, or removal
of a child from Illinois, upon notice and motion made  within
a  reasonable  time  before  trial,  the  court  may order an
evaluation concerning the best interest of the  child  as  it
relates  to  custody, visitation, or removal.  The motion may
be made by a party, a  parent,  the  child's  custodian,  the
attorney for the child, the child's guardian ad litem, or the
child's  representative.   The requested evaluation may be in
place of or in addition  to  an  evaluation  conducted  under
subsection (b) of Section 604.
    The  motion  shall  state  the  identity  of the proposed
evaluator  and  set  forth  the  evaluator's   specialty   or
discipline.   The  court may refuse to order an evaluation by
the proposed evaluator, but in  that  event,  the  court  may
permit  the  party  seeking  the evaluation to propose one or
more other evaluators.
    (b)  An order for  an  evaluation  shall  fix  the  time,
place,  conditions,  and  scope  of  the evaluation and shall
designate the evaluator. A  party  or  person  shall  not  be
required   to   travel   an  unreasonable  distance  for  the
    (c)  The person requesting an evaluator shall pay the fee
for the evaluation unless otherwise ordered by the court.
    (d)  Within  21  days  after  the   completion   of   the
evaluation, if the moving party or person intends to call the
evaluator  as a witness, the evaluator shall prepare and mail
or deliver to the attorneys of record duplicate originals  of
the  written  evaluation.  The evaluation shall set forth the
evaluator's findings, the results of all tests  administered,
and  the  evaluator's conclusions and recommendations. If the
written  evaluation  is  not  delivered  or  mailed  to   the
attorneys   within  21  days  or  within  any  extensions  or
modifications granted by the court,  the  written  evaluation
and    the    evaluator's    testimony,    conclusions,   and
recommendations may not be received into evidence.
    (e)  The person calling an evaluator to testify at  trial
shall  disclose  the  evaluator  as  an  opinion  witness  in
accordance with the Supreme Court Rules.
    (f)  Subject  to compliance with the Supreme Court Rules,
nothing in this Section bars a person who did not request the
evaluation from calling the evaluator as a witness.  In  that
case,  however, that person shall pay the evaluator's fee for
testifying unless otherwise ordered by the court.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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