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91_SB1533eng SB1533 Engrossed LRB9112658DJcd 1 AN ACT to amend the Illinois Marriage and Dissolution of 2 Marriage Act by adding Section 604.5. 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 adding Section 604.5 as follows: 7 (750 ILCS 5/604.5 new) 8 Sec. 604.5. Evaluation of child's best interest. 9 (a) In a proceeding for custody, visitation, or removal 10 of a child from Illinois, upon notice and motion made within 11 a reasonable time before trial, the court may order an 12 evaluation concerning the best interest of the child as it 13 relates to custody, visitation, or removal. The motion may 14 be made by a party, a parent, the child's custodian, the 15 attorney for the child, the child's guardian ad litem, or the 16 child's representative. The requested evaluation may be in 17 place of or in addition to an evaluation conducted under 18 subsection (b) of Section 604. 19 The motion shall state the identity of the proposed 20 evaluator and set forth the evaluator's specialty or 21 discipline. The court may refuse to order an evaluation by 22 the proposed evaluator, but in that event, the court may 23 permit the party seeking the evaluation to propose one or 24 more other evaluators. 25 (b) An order for an evaluation shall fix the time, 26 place, conditions, and scope of the evaluation and shall 27 designate the evaluator. A party or person shall not be 28 required to travel an unreasonable distance for the 29 evaluation. 30 (c) The person requesting an evaluator shall pay the fee 31 for the evaluation unless otherwise ordered by the court. SB1533 Engrossed -2- LRB9112658DJcd 1 (d) Within 21 days after the completion of the 2 evaluation, if the moving party or person intends to call the 3 evaluator as a witness, the evaluator shall prepare and mail 4 or deliver to the attorneys of record duplicate originals of 5 the written evaluation. The evaluation shall set forth the 6 evaluator's findings, the results of all tests administered, 7 and the evaluator's conclusions and recommendations. If the 8 written evaluation is not delivered or mailed to the 9 attorneys within 21 days or within any extensions or 10 modifications granted by the court, the written evaluation 11 and the evaluator's testimony, conclusions, and 12 recommendations may not be received into evidence. 13 (e) The person calling an evaluator to testify at trial 14 shall disclose the evaluator as an opinion witness in 15 accordance with the Supreme Court Rules. 16 (f) Subject to compliance with the Supreme Court Rules, 17 nothing in this Section bars a person who did not request the 18 evaluation from calling the evaluator as a witness. In that 19 case, however, that person shall pay the evaluator's fee for 20 testifying unless otherwise ordered by the court. 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.