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91_SB0027eng SB27 Engrossed LRB9100064SMpk 1 AN ACT to amend the Illinois Marriage and Dissolution of 2 Marriage Act by changing Section 607. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Marriage and Dissolution of 6 Marriage Act is amended by changing Section 607 as follows: 7 (750 ILCS 5/607) (from Ch. 40, par. 607) 8 Sec. 607. Visitation. 9 (a) A parent not granted custody of the child is 10 entitled to reasonable visitation rights unless the court 11 finds, after a hearing, that visitation would endanger 12 seriously the child's physical, mental, moral or emotional 13 health. If the custodian's street address is not identified, 14 pursuant to Section 708, the court shall require the parties 15 to identify reasonable alternative arrangements for 16 visitation by a non-custodial parent, including but not 17 limited to visitation of the minor child at the residence of 18 another person or at a local public or private facility. 19 (b) (1) The court may grant reasonable visitation 20 privileges to a grandparent, great-grandparent, or sibling of 21 any minor child upon petition to the court by the 22 grandparents or great-grandparents or on behalf of the 23 sibling, with notice to the parties required to be notified 24 under Section 601 of this Act, if the court determines that 25 it is in the best interests and welfare of the child, and may 26 issue any necessary orders to enforce such visitation 27 privileges. Except as provided in paragraph (2) of this 28 subsection (b), a petition for visitation privileges may be 29 filed under this paragraph (1) whether or not a petition 30 pursuant to this Act has been previously filed or is 31 currently pending if one or more of the following SB27 Engrossed -2- LRB9100064SMpk 1 circumstances exist: 2 (A) the parents are not currently cohabiting on a 3 permanent or an indefinite basis; 4 (B) one of the parents has been absent from the 5 marital abode for more than one month without the spouse 6 knowing his or her whereabouts; 7 (C) one of the parents is deceased; 8 (D) one of the parents joins in the petition with 9 the grandparents, great-grandparents, or sibling; or 10 (E) a sibling is in State custody. 11 (1.5) The Court may grant reasonable visitation 12 privileges to a stepparent upon petition to the court by the 13 stepparent, with notice to the parties required to be 14 notified under Section 601 of this Act, if the court 15 determines that it is in the best interests and welfare of 16 the child, and may issue any necessary orders to enforce 17 those visitation privileges. A petition for visitation 18 privileges may be filed under this paragraph (1.5) whether or 19 not a petition pursuant to this Act has been previously filed 20 or is currently pending if the following circumstances are 21 met: 22 (A) the child is at least 12 years old; 23 (B) the child resided continuously with the parent 24 and stepparent for at least 5 years; 25 (C) the parent is deceased or is disabled and is 26 unable to care for the child; 27 (D) the child wishes to have reasonable visitation 28 with the stepparent; and 29 (E) the stepparent was providing for the care, 30 control, and welfare to the child prior to the initiation 31 of the petition for visitation. 32 (2)(A) A petition for visitation privileges shall not be 33 filed pursuant to this subsection (b) by the parents or 34 grandparents of a putative father if the paternity of the SB27 Engrossed -3- LRB9100064SMpk 1 putative father has not been legally established. 2 (B) A petition for visitation privileges may not be 3 filed under this subsection (b) if the child who is the 4 subject of the grandparents' or great-grandparents' petition 5 has been voluntarily surrendered by the parent or parents, 6 except for a surrender to the Illinois Department of Children 7 and Family Services or a foster care facility, or has been 8 previously adopted by an individual or individuals who are 9 not related to the biological parents of the child or is the 10 subject of a pending adoption petition by an individual or 11 individuals who are not related to the biological parents of 12 the child. 13 (3) When one parent is deceased, the surviving parent 14 shall not interfere with the visitation rights of the 15 grandparents. 16 (c) The court may modify an order granting or denying 17 visitation rights whenever modification would serve the best 18 interest of the child; but the court shall not restrict a 19 parent's visitation rights unless it finds that the 20 visitation would endanger seriously the child's physical, 21 mental, moral or emotional health. 22 (d) If any court has entered an order prohibiting a 23 non-custodial parent of a child from any contact with a child 24 or restricting the non-custodial parent's contact with the 25 child, the following provisions shall apply: 26 (1) If an order has been entered granting 27 visitation privileges with the child to a grandparent or 28 great-grandparent who is related to the child through the 29 non-custodial parent, the visitation privileges of the 30 grandparent or great-grandparent may be revoked if: 31 (i) a court has entered an order prohibiting 32 the non-custodial parent from any contact with the 33 child, and the grandparent or great-grandparent is 34 found to have used his or her visitation privileges SB27 Engrossed -4- LRB9100064SMpk 1 to facilitate contact between the child and the 2 non-custodial parent; or 3 (ii) a court has entered an order restricting 4 the non-custodial parent's contact with the child, 5 and the grandparent or great-grandparent is found to 6 have used his or her visitation privileges to 7 facilitate contact between the child and the 8 non-custodial parent in a manner that violates the 9 terms of the order restricting the non-custodial 10 parent's contact with the child. 11 Nothing in this subdivision (1) limits the authority 12 of the court to enforce its orders in any manner 13 permitted by law. 14 (2) Any order granting visitation privileges with 15 the child to a grandparent or great-grandparent who is 16 related to the child through the non-custodial parent 17 shall contain the following provision: 18 "If the (grandparent or great-grandparent, whichever 19 is applicable) who has been granted visitation privileges 20 under this order uses the visitation privileges to 21 facilitate contact between the child and the child's 22 non-custodial parent, the visitation privileges granted 23 under this order shall be permanently revoked." 24 (e) No parent, not granted custody of the child, or 25 grandparent, or great-grandparent, or stepparent, or sibling 26 of any minor child, convicted of any offense involving an 27 illegal sex act perpetrated upon a victim less than 18 years 28 of age including but not limited to offenses for violations 29 of Article 12 of the Criminal Code of 1961, is entitled to 30 visitation rights while incarcerated orwhileon parole, 31 serving a term ofprobation, conditional discharge,periodic 32 imprisonment, or on mandatory supervised release for that 33 offense., andUpon discharge from incarceration for a 34 misdemeanor offense or upon discharge from parole,probation,SB27 Engrossed -5- LRB9100064SMpk 1conditional discharge,periodic imprisonment, or mandatory 2 supervised release for a felony offense, visitation shall be 3 denied until the person successfully completes a treatment 4 program approved by the court. 5 A parent not granted custody of the child, a grandparent, 6 a great-grandparent, a stepparent, or a sibling of any minor 7 child, convicted of any offense involving an illegal sex act 8 perpetrated upon a victim less than 18 years of age including 9 but not limited to offenses for violations of Article 12 of 10 the Criminal Code of 1961, is entitled to visitation rights 11 while on probation or conditional discharge or upon discharge 12 from probation or conditional discharge only after the person 13 successfully completes a treatment program approved by the 14 court. 15 (Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98.) 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.