Illinois General Assembly - Full Text of Public Act 098-0476

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Public Act 098-0476

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Public Act 0476 98TH GENERAL ASSEMBLY

Public Act 098-0476

HB3128 Enrolled LRB098 08706 HEP 41829 b

    AN ACT concerning civil law.

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

    Section 5. The Illinois Parentage Act of 1984 is amended by
changing Section 6.5 as follows:

    (750 ILCS 45/6.5)
    Sec. 6.5. Custody or visitation ~~by sex offender~~ prohibited
to men who father through sexual assault or sexual abuse.
    (a) This Section applies to a person who has been found to
be the father of a child under this Act and who:
        (1) has been convicted of or who has pled guilty or
    nolo contendere to a violation of Section 11-1.20 (criminal
    sexual assault), Section 11-1.30 (aggravated criminal
    sexual assault), Section 11-1.40 (predatory criminal
    sexual assault of a child), Section 11-1.50 (criminal
    sexual abuse), Section 11-1.60 (aggravated criminal sexual
    abuse), Section 11-11 (sexual relations within families),
    Section 12-13 (criminal sexual assault), Section 12-14
    (aggravated criminal sexual assault), Section 12-14.1
    (predatory criminal sexual assault of a child), Section
    12-15 (criminal sexual abuse), or Section 12-16
    (aggravated criminal sexual abuse) of the Criminal Code of
    1961 or the Criminal Code of 2012, or a similar statute in
    another jurisdiction, for his conduct in fathering that
    child; or ~~.~~
        (2) at a fact-finding hearing, is found by clear and
    convincing evidence to have committed an act of
    non-consensual sexual penetration for his conduct in
    fathering that child.
    (b) A person described in subsection (a) shall not be
entitled to custody of or visitation with that child without
the consent of the child's mother or guardian. If the person
described in subsection (a) is also the guardian of the child,
he does not have the authority to consent to visitation or
custody under this Section. If the mother of the child is a
minor, and the person described in subsection (a) is also the
father or guardian of the mother, then he does not have the
authority to consent to custody or visits.
    (c) Notwithstanding any other provision of this Act,
nothing in this Section shall be construed to relieve the
father described in subsection (a) of any support and
maintenance obligations to the child under this Act. The
child's mother or guardian may decline support and maintenance
obligations from the father.
    (d) Notwithstanding any other provision of law, the father
described in subsection (a) of this Section is not entitled to
any inheritance or other rights from the child without the
consent of the child's mother or guardian.
    (e) Notwithstanding any provision of the Illinois Marriage
and Dissolution of Marriage Act, the parent, grandparent,
great-grandparent, or sibling of the person described in
subsection (a) of this Section does not have standing to bring
an action requesting custody or visitation with the child
without the consent of the child's mother or guardian.
    (f) A petition under this Section may be filed by the
child's mother or guardian either as an affirmative petition in
circuit court or as an affirmative defense in any proceeding
filed by the person described in subsection (a) of this Section
regarding the child.
(Source: P.A. 96-1551, eff. 7-1-11; 97-568, eff. 8-25-11;
97-1150, eff. 1-25-13.)

Effective Date: 1/1/2014

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