Bill Status of HB 3415   94th General Assembly

Short Description:  PROBATE ACT-GUARDIAN

House Sponsors
Rep. Mary E. Flowers-Sidney H. Mathias-Suzanne Bassi-James H. Meyer-Patricia R. Bellock, Barbara Flynn Currie, Daniel V. Beiser, Michelle Chavez, Charles E. Jefferson and Linda Chapa LaVia

Senate Sponsors
(Sen. Donne E. Trotter-Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  8/16/2005HousePublic Act . . . . . . . . . 94-0604

Statutes Amended In Order of Appearance
755 ILCS 5/11-5from Ch. 110 1/2, par. 11-5

Synopsis As Introduced
Amends the Probate Act of 1975. Prohibits the court from appointing a person who is currently listed or required to be listed on the sex offender database as the legal guardian of a minor. Effective immediately.

House Amendment No. 2
Deletes reference to:
755 ILCS 5/11-5
Adds reference to:
755 ILCS 5/11-3from Ch. 110 1/2, par. 11-3
755 ILCS 5/11a-5from Ch. 110 1/2, par. 11a-5

Deletes everything after the enacting clause. Amends the Probate Code. In provisions prohibiting a person convicted of a felony from acting as the guardian of a minor or disabled person, creates an exception if the court finds that the appointment of the person convicted of a felony is in the best interests of the minor or disabled person. Provides that the court shall consider the nature of the offense, the date of the offense, and the evidence of the proposed guardian's rehabilitation as part of the determination that appointment of a person who has been convicted of a felony is in the minor's or disabled person's best interest. Provides that, in appointing a guardian for a minor, no person shall be appointed who has been convicted of a felony, including a felony sexual offense, involving harm or threat to a child. Provides that, in appointing a guardian for a disabled person, no person shall be appointed who has been convicted of a felony, including a felony sexual offense, involving harm or threat to an elderly or disabled person. Effective immediately.

Senate Floor Amendment No. 1
Deletes reference to:
755 ILCS 5/11-3
755 ILCS 5/11a-5
Adds reference to:
705 ILCS 405/2-10from Ch. 37, par. 802-10
705 ILCS 405/2-10.1from Ch. 37, par. 802-10.1

Deletes everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that where the Department of Children and Family Services Guardianship Administrator is appointed as the executive temporary custodian, the Department of Children and Family Services shall file with the court and serve on the parties a parent-child visiting plan, within 5 days, excluding weekends and holidays, after the appointment. Provides that the parent-child visiting plan shall set out the time and place of visits, the frequency of visits, the length of visits, who shall be present at the visits, and where appropriate, the minor's opportunities to have telephone and mail communication with the parents. Provides that for good cause, the court may waive the requirement to file the parent-child visiting plan or extend the time for filing the parent-child visiting plan.

Actions 
DateChamber Action
  2/22/2005HouseFiled with the Clerk by Rep. Roger L. Eddy
  2/22/2005HouseFirst Reading
  2/22/2005HouseReferred to Rules Committee
  2/23/2005HouseAssigned to Judiciary I - Civil Law Committee
  2/24/2005HouseAdded Chief Co-Sponsor Rep. Sidney H. Mathias
  2/24/2005HouseAdded Chief Co-Sponsor Rep. Suzanne Bassi
  2/24/2005HouseAdded Chief Co-Sponsor Rep. James H. Meyer
  2/24/2005HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  3/2/2005HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 013-000-000
  3/3/2005HousePlaced on Calendar 2nd Reading - Short Debate
  3/15/2005HouseHouse Amendment No. 1 Filed with Clerk by Rep. Roger L. Eddy
  3/15/2005HouseHouse Amendment No. 1 Referred to Rules Committee
  3/16/2005HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  4/5/2005HouseHouse Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  4/5/2005HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  4/5/2005HouseAdded Co-Sponsor Rep. John E. Bradley
  4/5/2005HouseAdded Co-Sponsor Rep. Robert F. Flider
  4/6/2005HouseAdded Co-Sponsor Rep. Michelle Chavez
  4/6/2005HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  4/6/2005HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/6/2005HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  4/7/2005HouseHouse Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 009-004-000
  4/7/2005HouseHouse Amendment No. 2 Filed with Clerk by Rep. Roger L. Eddy
  4/7/2005HouseHouse Amendment No. 2 Referred to Rules Committee
  4/8/2005HouseSecond Reading - Short Debate
  4/8/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  4/11/2005HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  4/11/2005HouseHouse Amendment No. 1 Withdrawn by Rep. Roger L. Eddy
  4/11/2005HouseHouse Amendment No. 2 Adopted by Voice Vote
  4/11/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/12/2005HouseThird Reading - Short Debate - Passed 116-000-000
  4/12/2005SenateArrive in Senate
  4/12/2005SenatePlaced on Calendar Order of First Reading April 13, 2005
  4/14/2005HouseRemoved Co-Sponsor Rep. Naomi D. Jakobsson
  4/14/2005HouseRemoved Co-Sponsor Rep. Robert F. Flider
  4/14/2005HouseRemoved Co-Sponsor Rep. John E. Bradley
  4/14/2005SenateChief Senate Sponsor Sen. John J. Cullerton
  4/15/2005SenateFirst Reading
  4/15/2005SenateReferred to Rules
  4/21/2005SenateAssigned to Judiciary
  4/26/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/5/2005SenateDo Pass Judiciary; 006-002-000
  5/5/2005SenatePlaced on Calendar Order of 2nd Reading May 10, 2005
  5/10/2005SenateSecond Reading
  5/10/2005SenatePlaced on Calendar Order of 3rd Reading May 11, 2005
  5/18/2005SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Donne E. Trotter
  5/18/2005SenateSenate Floor Amendment No. 1 Referred to Rules
  5/19/2005SenateAlternate Chief Sponsor Changed to Sen. Donne E. Trotter
  5/20/2005HouseChief Sponsor Changed to Rep. Mary E. Flowers
  5/20/2005SenateRule 2-10 Third Reading Deadline Extended to December 31, 2005
  5/23/2005SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary
  5/24/2005SenateSenate Floor Amendment No. 1 Held in Judiciary
  5/25/2005SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 010-000-000
  5/27/2005SenateRecalled to Second Reading
  5/27/2005SenateSenate Floor Amendment No. 1 Adopted; Trotter
  5/27/2005SenatePlaced on Calendar Order of 3rd Reading
  5/27/2005SenateThird Reading - Passed; 059-000-000
  5/27/2005HouseArrived in House
  5/27/2005HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/29/2005HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Mary E. Flowers
  5/29/2005HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/31/2005HouseSenate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 003-002-000
  5/31/2005HouseSenate Floor Amendment No. 1 House Concurs 116-000-000
  5/31/2005HousePassed Both Houses
  6/29/2005HouseSent to the Governor
  8/16/2005HouseGovernor Approved
  8/16/2005HouseEffective Date January 1, 2006
  8/16/2005HousePublic Act . . . . . . . . . 94-0604

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