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Sen. Laura M. Murphy
Filed: 4/4/2019
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| 1 | | AMENDMENT TO SENATE BILL 399
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 399 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Uniform Child-Custody Jurisdiction and |
| 5 | | Enforcement Act is amended by changing Section 209 as follows:
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| 6 | | (750 ILCS 36/209)
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| 7 | | Sec. 209. Information To Be Submitted To Court.
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| 8 | | (a) Subject to any other law providing for the |
| 9 | | confidentiality of
procedures, addresses, and other |
| 10 | | identifying information, in a child-custody
proceeding,
each
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| 11 | | party, in its first pleading or in an attached affidavit, shall |
| 12 | | give
information, if
reasonably ascertainable, under oath as to |
| 13 | | the child's present address or
whereabouts, the places where |
| 14 | | the child has lived during the last five years,
and the
names |
| 15 | | and present addresses of the persons with whom the child has |
| 16 | | lived during
that period. The pleading or affidavit must state |
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| 1 | | whether the party:
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| 2 | | (1) has participated, as a party or witness or in any |
| 3 | | other capacity, in
any other proceeding concerning the |
| 4 | | custody of or visitation with the child
and, if so,
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| 5 | | identify the court, the case number, and the date of the |
| 6 | | child-custody
determination,
if any;
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| 7 | | (2) knows of any proceeding that could affect the |
| 8 | | current proceeding,
including proceedings for enforcement |
| 9 | | and proceedings relating to domestic
violence, protective |
| 10 | | orders, termination of parental rights, and adoptions and,
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| 11 | | if so,
identify the court, the case number, and the nature |
| 12 | | of the proceeding; and
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| 13 | | (3) knows the names and addresses of any person not a |
| 14 | | party to the
proceeding who has physical custody of the |
| 15 | | child or claims rights of legal
custody
or physical custody |
| 16 | | of, or visitation with, the child and, if so, the names and
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| 17 | | addresses of those persons.
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| 18 | | (b) If the information required by subsection (a) is not |
| 19 | | furnished, the
court,
upon motion of a party or its own motion, |
| 20 | | may stay the proceeding until the
information is furnished.
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| 21 | | (c) If the declaration as to any of the items described in |
| 22 | | subsection (a)(1)
through (3) is in the affirmative, the |
| 23 | | declarant shall give additional
information
under oath as |
| 24 | | required by the court. The court may examine the parties under
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| 25 | | oath
as to details of the information furnished and other |
| 26 | | matters pertinent to the
court's
jurisdiction and the |
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| 1 | | disposition of the case.
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| 2 | | (d) Each party has a continuing duty to inform the court of |
| 3 | | any proceeding
in this or any other state that could affect the |
| 4 | | current proceeding.
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| 5 | | (e) (Blank).
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| 6 | | (f) If a party states in the pleading or the affidavit that |
| 7 | | disclosure of an address would risk abuse or harm to the party |
| 8 | | or a family member, the address may be omitted from documents |
| 9 | | filed with the court. A party is not required to include in the |
| 10 | | pleading or affidavit a domestic violence safe house address or |
| 11 | | an address changed as a result of a protective order. |
| 12 | | (Source: P.A. 93-108, eff. 1-1-04.)".
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