Bill Status of HB 4309   100th General Assembly

Short Description:  FRAIL INDIVIDUALS-VISITATION

House Sponsors
Rep. Sara Wojcicki Jimenez-Laura Fine-Ann M. Williams, Peter Breen and Emanuel Chris Welch

Senate Sponsors
(Sen. Melinda Bush)


Last Action  View All Actions

DateChamber Action
  8/14/2018HousePublic Act . . . . . . . . . 100-0850

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Frail Individual Family Visitation Protection Act. Provides that the Act may be referred to as the Kasem/Baksys Visitation Law. Defines "frail individual" and other terms. Provides that if a caregiver unreasonably prevents a family member of a frail individual from visiting the frail individual, the court, upon a verified petition by the family member, may order the caregiver to permit visitation between the frail individual and the family member if the court finds that the visitation is in the frail individual's best interests. Provides that in making its determination, the court shall consider the standards provided in the Probate Act of 1975. Provides that the caregiver shall provide a person awarded reasonable visitation with notice of the frail individual's hospitalization or transfer to a healthcare facility, relocation to another residence, and death.

House Floor Amendment No. 2
Replaces everything after the enacting clause. Creates the Frail Elderly Individual Family Visitation Protection Act. Provides that the Act may be referred to as the Kasem/Baksys Visitation Law. Defines "family caregiver", "family member", "frail elderly individual", and "petitioner". Provides that if a family caregiver unreasonably prevents a family member from visiting the frail elderly individual, the court, upon a verified petition by the family member, may order the family caregiver to permit such visitation as the court deems reasonable and appropriate under the circumstances. Provides that in making its determination, the court shall consider specified factors. Provides that the court shall not allow visitation if the court finds that: (i) the frail elderly individual has capacity to evaluate and communicate decisions regarding visitation and expresses a desire to not have visitation with the petitioner; or (ii) visitation between the petitioner and the frail elderly individual is not in the best interests of the frail elderly individual. Adds provisions governing the appointment of a guardian ad litem for the frail elderly individual. Provides that if the court grants the petition of a family member for visitation, the court may also order the family caregiver to use reasonable efforts to notify the petitioner of the frail elderly individual's hospitalization, admission to a healthcare facility, change in permanent residence, or death. Adds procedural and notice requirements. Provides that the Act does not apply if: (i) the frail elderly individual is a person under guardianship; or (ii) the family caregiver is acting as agent under a power of attorney or acting at the direction of an agent under a power of attorney.

Actions 
DateChamber Action
  1/23/2018HouseFiled with the Clerk by Rep. Sara Wojcicki Jimenez
  1/25/2018HouseAdded Chief Co-Sponsor Rep. Laura Fine
  1/26/2018HouseFirst Reading
  1/26/2018HouseReferred to Rules Committee
  2/12/2018HouseAssigned to Judiciary - Civil Committee
  2/28/2018HouseTo Trusts & Estates Law Subcommittee
  2/28/2018HouseAdded Co-Sponsor Rep. Peter Breen
  2/28/2018HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  3/6/2018HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Sara Wojcicki Jimenez
  3/6/2018HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/7/2018HouseAdded Chief Co-Sponsor Rep. Ann M. Williams
  3/7/2018HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 003-000-000
  3/7/2018HouseReported Back To Judiciary - Civil Committee;
  3/7/2018HouseDo Pass / Short Debate Judiciary - Civil Committee; 009-000-000
  3/7/2018HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/8/2018HousePlaced on Calendar 2nd Reading - Short Debate
  4/4/2018HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Sara Wojcicki Jimenez
  4/4/2018HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/9/2018HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  4/10/2018HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 011-000-000
  4/17/2018HouseSecond Reading - Short Debate
  4/17/2018HouseHouse Floor Amendment No. 2 Adopted
  4/17/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/20/2018HouseThird Reading - Short Debate - Passed 102-000-000
  4/23/2018SenateArrive in Senate
  4/23/2018SenatePlaced on Calendar Order of First Reading
  4/23/2018SenateChief Senate Sponsor Sen. Melinda Bush
  4/23/2018SenateFirst Reading
  4/23/2018SenateReferred to Assignments
  5/1/2018SenateAssigned to Judiciary
  5/9/2018SenatePostponed - Judiciary
  5/11/2018SenateRule 2-10 Committee Deadline Established As May 31, 2018
  5/16/2018SenatePostponed - Judiciary
  5/22/2018SenateDo Pass Judiciary; 010-001-000
  5/22/2018SenatePlaced on Calendar Order of 2nd Reading May 23, 2018
  5/24/2018SenateSecond Reading
  5/24/2018SenatePlaced on Calendar Order of 3rd Reading May 25, 2018
  5/25/2018SenateRule 2-10 Third Reading Deadline Established As May 31, 2018
  5/30/2018SenateThird Reading - Passed; 056-000-000
  5/30/2018HousePassed Both Houses
  6/28/2018HouseSent to the Governor
  8/14/2018HouseGovernor Approved
  8/14/2018HouseEffective Date January 1, 2019
  8/14/2018HousePublic Act . . . . . . . . . 100-0850

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