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91_HB1845ccr001
LRB9103725WHdvccr1
1 91ST GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON HOUSE BILL 1845
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to Senate
10 Amendment No. 1 to House Bill 1845, recommend the following:
11 (1) that the Senate recede form Senate Amendment No. 1;
12 and
13 (2) that House Bill 1845 be amended by replacing the
14 title with the following:
15 "AN ACT to amend the Illinois Marriage and Dissolution of
16 Marriage Act by changing Section 607."; and
17 by replacing everything after the enacting clause with the
18 following:
19 "Section 5. The Illinois Marriage and Dissolution of
20 Marriage Act is amended by changing Section 607 as follows:
21 (750 ILCS 5/607) (from Ch. 40, par. 607)
22 Sec. 607. Visitation.
23 (a) A parent not granted custody of the child is
24 entitled to reasonable visitation rights unless the court
25 finds, after a hearing, that visitation would endanger
26 seriously the child's physical, mental, moral or emotional
27 health. If the custodian's street address is not identified,
28 pursuant to Section 708, the court shall require the parties
29 to identify reasonable alternative arrangements for
30 visitation by a non-custodial parent, including but not
31 limited to visitation of the minor child at the residence of
32 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 paragraph (1) 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 (1.5) The Court may grant reasonable visitation
25 privileges to a stepparent upon petition to the court by the
26 stepparent, with notice to the parties required to be
27 notified under Section 601 of this Act, if the court
28 determines that it is in the best interests and welfare of
29 the child, and may issue any necessary orders to enforce
30 those visitation privileges. A petition for visitation
31 privileges may be filed under this paragraph (1.5) whether or
32 not a petition pursuant to this Act has been previously filed
33 or is currently pending if the following circumstances are
34 met:
35 (A) the child is at least 12 years old;
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1 (B) the child resided continuously with the parent
2 and stepparent for at least 5 years;
3 (C) the parent is deceased or is disabled and is
4 unable to care for the child;
5 (D) the child wishes to have reasonable visitation
6 with the stepparent; and
7 (E) the stepparent was providing for the care,
8 control, and welfare to the child prior to the initiation
9 of the petition for visitation.
10 (2)(A) A petition for visitation privileges shall not be
11 filed pursuant to this subsection (b) by the parents or
12 grandparents of a putative father if the paternity of the
13 putative father has not been legally established.
14 (B) A petition for visitation privileges may not be
15 filed under this subsection (b) if the child who is the
16 subject of the grandparents' or great-grandparents' petition
17 has been voluntarily surrendered by the parent or parents,
18 except for a surrender to the Illinois Department of Children
19 and Family Services or a foster care facility, or has been
20 previously adopted by an individual or individuals who are
21 not related to the biological parents of the child or is the
22 subject of a pending adoption petition by an individual or
23 individuals who are not related to the biological parents of
24 the child.
25 (3) When one parent is deceased, the surviving parent
26 shall not interfere with the visitation rights of the
27 grandparents.
28 (c) The court may modify an order granting or denying
29 visitation rights of a parent whenever modification would
30 serve the best interest of the child; but the court shall
31 not restrict a parent's visitation rights unless it finds
32 that the visitation would endanger seriously the child's
33 physical, mental, moral or emotional health. The court may
34 modify an order granting, denying, or limiting visitation
35 rights of a grandparent, great-grandparent, or sibling of any
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1 minor child whenever a change of circumstances has occurred
2 based on facts occurring subsequent to the judgment and the
3 court finds by clear and convincing evidence that the
4 modification is in the best interest of the minor child.
5 (d) If any court has entered an order prohibiting a
6 non-custodial parent of a child from any contact with a child
7 or restricting the non-custodial parent's contact with the
8 child, the following provisions shall apply:
9 (1) If an order has been entered granting
10 visitation privileges with the child to a grandparent or
11 great-grandparent who is related to the child through the
12 non-custodial parent, the visitation privileges of the
13 grandparent or great-grandparent may be revoked if:
14 (i) a court has entered an order prohibiting
15 the non-custodial parent from any contact with the
16 child, and the grandparent or great-grandparent is
17 found to have used his or her visitation privileges
18 to facilitate contact between the child and the
19 non-custodial parent; or
20 (ii) a court has entered an order restricting
21 the non-custodial parent's contact with the child,
22 and the grandparent or great-grandparent is found to
23 have used his or her visitation privileges to
24 facilitate contact between the child and the
25 non-custodial parent in a manner that violates the
26 terms of the order restricting the non-custodial
27 parent's contact with the child.
28 Nothing in this subdivision (1) limits the authority
29 of the court to enforce its orders in any manner
30 permitted by law.
31 (2) Any order granting visitation privileges with
32 the child to a grandparent or great-grandparent who is
33 related to the child through the non-custodial parent
34 shall contain the following provision:
35 "If the (grandparent or great-grandparent, whichever
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1 is applicable) who has been granted visitation privileges
2 under this order uses the visitation privileges to
3 facilitate contact between the child and the child's
4 non-custodial parent, the visitation privileges granted
5 under this order shall be permanently revoked."
6 (e) No parent, not granted custody of the child, or
7 grandparent, or great-grandparent, or stepparent, or sibling
8 of any minor child, convicted of any offense involving an
9 illegal sex act perpetrated upon a victim less than 18 years
10 of age including but not limited to offenses for violations
11 of Article 12 of the Criminal Code of 1961, is entitled to
12 visitation rights while incarcerated or while on parole,
13 probation, conditional discharge, periodic imprisonment, or
14 mandatory supervised release for that offense, and upon
15 discharge from incarceration for a misdemeanor offense or
16 upon discharge from parole, probation, conditional discharge,
17 periodic imprisonment, or mandatory supervised release for a
18 felony offense, visitation shall be denied until the person
19 successfully completes a treatment program approved by the
20 court.
21 (f) Unless the court determines, after considering all
22 relevant factors, including but not limited to those set
23 forth in Section 602(a), that it would be in the best
24 interests of the child to allow visitation, the court shall
25 not enter an order providing visitation rights and pursuant
26 to a motion to modify visitation shall revoke visitation
27 rights previously granted to any person who would otherwise
28 be entitled to petition for visitation rights under this
29 Section who has been convicted of first degree murder of the
30 parent, grandparent, great-grandparent, or sibling of the
31 child who is the subject of the order. Until an order is
32 entered pursuant to this subsection, no person shall visit,
33 with the child present, a person who has been convicted of
34 first degree murder of the parent, grandparent,
35 great-grandparent, or sibling of the child without the
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1 consent of the child's parent, other than a parent convicted
2 of first degree murder as set forth herein, or legal
3 guardian.
4 (g) If an order has been entered limiting, for cause, a
5 minor child's contact or visitation with a grandparent,
6 great-grandparent, or sibling on the grounds that it was in
7 the best interest of the child to do so, that order may be
8 modified only upon a showing of a substantial change in
9 circumstances occurring subsequent to the entry of the order
10 with proof by clear and convincing evidence that modification
11 is in the best interest of the minor child.
12 (Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98;
13 90-801, eff. 6-1-99; revised 12-22-98.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.".
16 Submitted on May 26, 1999
17 s/Sen. Wendell E. Jones s/Rep. Art Tenhouse
18 s/Sen. Carl Hawkinson s/Rep. Suzanne Bassi
19 s/Sen. Kirk Dillard s/Rep. Larry D. Woolard
20 s/Sen. John Cullerton s/Rep. Tom Dart
21 s/Sen. Barack Obama s/Rep. Barbara Flynn Currie
22 Committee for the Senate Committee for the House