Bill Status of SB 98   94th General Assembly

Short Description:  MARRIAGE ACT-ABUSE VISIT

Senate Sponsors
Sen. Wendell E. Jones and Pamela J. Althoff

House Sponsors
(Rep. Sidney H. Mathias-Lisa M. Dugan-Jack D. Franks-Suzanne Bassi-Kenneth Dunkin, Linda Chapa LaVia, Patricia R. Bellock and Michael Tryon)


Last Action  View All Actions

DateChamber Action
  7/29/2005SenatePublic Act . . . . . . . . . 94-0377

Statutes Amended In Order of Appearance
750 ILCS 5/601from Ch. 40, par. 601
750 ILCS 5/602from Ch. 40, par. 602
750 ILCS 5/602.1from Ch. 40, par. 602.1
750 ILCS 5/604from Ch. 40, par. 604
750 ILCS 5/604.5
750 ILCS 5/605from Ch. 40, par. 605
750 ILCS 5/607from Ch. 40, par. 607

Synopsis As Introduced
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a guardian ad litem appointed in a child custody proceeding shall have completed 3 hours of training that relates to the functions and duties of a guardian ad litem and that includes training on the dynamics of domestic violence on partners and children. Requires a guardian ad litem in a child custody proceeding to investigate whether there is evidence that either partner engaged in domestic violence and to report to the court on the results of the investigation. Creates a rebuttable presumption that it is not in the best interest of the child for the court to grant sole or joint custody or visitation to a parent who: (i) has been adjudicated guilty of domestic violence as defined in the Illinois Domestic Violence Act of 1986 on multiple incidents of domestic violence or of a single incident of domestic violence that resulted in serious physical injury, as determined by the trier of fact, against the parent's partner or against the child; or (ii) has been convicted of violating an order of protection entered under the specified Sections of the Illinois Domestic Violence Act of 1986. Lists evidence that may be used to rebut the presumption. Provides that, in cases where the presumption is rebutted, the court shall state the evidence upon which the court determined that the presumption was rebutted and its findings relating to the reason that legal custody with that party is in the best interest of the child. Provides that, if there is a danger to the health or safety of a partner, joint mediation for custody shall not be required by the court. Requires that professional personnel, evaluators, and investigators, who advise the court concerning child interview or child custody, must have 3 hours of training in domestic violence and its effects on the partner and the child. Makes other changes. Effective immediately.

Senate Floor Amendment No. 1
Deletes everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a guardian ad litem appointed in a child custody proceeding shall have completed 3 hours of training that relates to the functions and duties of a guardian ad litem and that includes training on the dynamics of domestic violence on partners and children. Requires a guardian ad litem in a child custody proceeding to investigate whether there is evidence that either partner engaged in domestic violence and to report to the court on the results of the investigation. Provides that, in any proceeding for legal custody, joint custody, or modification of an order granting or denying visitation rights of a parent, where the court hears evidence concerning physical violence or threat of physical violence by the child's potential custodian or the occurrence of ongoing or repeated abuse as defined in the listed Section of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person, the court shall state in writing the reason that the court determined that legal custody, joint custody, or granting or denying visitation with that party is in the best interest of the child. Provides that, if there is a danger to the health or safety of a partner, joint mediation for custody shall not be required by the court. Requires that professional personnel, evaluators, and investigators, who advise the court concerning child interview or child custody, must have 3 hours of training in domestic violence and its effects on the partner and the child. Effective immediately.

House Amendment No. 1
Deletes reference to:
750 ILCS 5/601
750 ILCS 5/604
750 ILCS 5/604.5
750 ILCS 5/605
750 ILCS 5/607
Adds reference to:
750 ILCS 5/601.5 new

Deletes everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, in the list of relevant factors that the court shall consider when determining the best interest of the child, the court shall consider whether there is an occurrence of ongoing or repeated abuse as defined in the listed Section of the Illinois Domestic Violence Act of 1986. Provides that if there is a danger to the health or safety of a partner, joint mediation shall not be required by the court. Provides that the Supreme Court of Illinois, through its Administrative Office of the Illinois Courts, shall approve 3 hours of training for guardians ad litem, professional personnel, evaluators, and investigators. Requires the training to have a component on the dynamics of domestic violence and its effect on parents and children. Effective immediately.

House Amendment No. 2
Provides that the chief circuit judge or designated presiding judge may approve 3 hours of training for the listed persons (instead of the Supreme Court of Illinois, through its Administrative Office of the Illinois Courts, shall approve 3 hours of training for the listed persons.)

Actions 
DateChamber Action
  1/26/2005SenateFiled with Secretary by Sen. Wendell E. Jones
  1/26/2005SenateFirst Reading
  1/26/2005SenateReferred to Rules
  2/3/2005SenateAssigned to Judiciary
  2/9/2005SenateAdded as Co-Sponsor Sen. Pamela J. Althoff
  2/16/2005SenatePostponed - Judiciary
  2/24/2005SenateDo Pass Judiciary; 009-000-000
  2/24/2005SenatePlaced on Calendar Order of 2nd Reading March 1, 2005
  4/11/2005SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Wendell E. Jones
  4/11/2005SenateSenate Floor Amendment No. 1 Referred to Rules
  4/11/2005SenateSecond Reading
  4/11/2005SenatePlaced on Calendar Order of 3rd Reading April 12, 2005
  4/12/2005SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary
  4/12/2005SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 010-000-000
  4/14/2005SenateRecalled to Second Reading
  4/14/2005SenateSenate Floor Amendment No. 1 Adopted; W. Jones
  4/14/2005SenatePlaced on Calendar Order of 3rd Reading
  4/14/2005SenateThird Reading - Passed; 059-000-000
  4/14/2005HouseArrived in House
  4/14/2005HousePlaced on Calendar Order of First Reading
  4/14/2005HouseChief House Sponsor Rep. Sidney H. Mathias
  4/14/2005HouseFirst Reading
  4/14/2005HouseReferred to Rules Committee
  4/20/2005HouseAssigned to Judiciary I - Civil Law Committee
  5/2/2005HouseAdded Alternate Chief Co-Sponsor Rep. Suzanne Bassi
  5/2/2005HouseAlternate Chief Co-Sponsor Changed to Rep. Suzanne Bassi
  5/11/2005HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  5/11/2005HouseHouse Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  5/11/2005HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 012-000-001
  5/11/2005HousePlaced on Calendar 2nd Reading - Short Debate
  5/18/2005HouseSecond Reading - Short Debate
  5/18/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  5/18/2005HouseHouse Amendment No. 2 Filed with Clerk by Rep. Sidney H. Mathias
  5/18/2005HouseHouse Amendment No. 2 Referred to Rules Committee
  5/19/2005HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 003-001-000
  5/19/2005HouseSecond Reading - Short Debate
  5/19/2005HouseHouse Amendment No. 2 Adopted by Voice Vote
  5/19/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/20/2005HouseThird Reading - Short Debate - Passed 113-000-000
  5/20/2005HouseAdded Alternate Chief Co-Sponsor Rep. Kenneth Dunkin
  5/20/2005HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  5/20/2005HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/20/2005HouseAdded Alternate Co-Sponsor Rep. Patricia R. Bellock
  5/20/2005HouseAdded Alternate Co-Sponsor Rep. Michael Tryon
  5/20/2005SenateSecretary's Desk - Concurrence House Amendment(s) 01,02
  5/20/2005SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02-May 23, 2005.
  5/20/2005HouseAlternate Chief Co-Sponsor Changed to Rep. Kenneth Dunkin
  5/24/2005SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. Wendell E. Jones
  5/24/2005SenateHouse Amendment No. 1 Motion to Concur Referred to Rules
  5/24/2005SenateHouse Amendment No. 2 Motion to Concur Filed with Secretary Sen. Wendell E. Jones
  5/24/2005SenateHouse Amendment No. 2 Motion to Concur Referred to Rules
  5/25/2005SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Judiciary
  5/25/2005SenateHouse Amendment No. 2 Motion to Concur Rules Referred to Judiciary
  5/25/2005SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 010-000-000
  5/25/2005SenateHouse Amendment No. 2 Motion To Concur Recommended Do Adopt Judiciary; 010-000-000
  5/27/2005SenateHouse Amendment No. 1 Senate Concurs 059-000-000
  5/27/2005SenateHouse Amendment No. 2 Senate Concurs 059-000-000
  5/27/2005SenatePassed Both Houses
  6/24/2005SenateSent to the Governor
  7/29/2005SenateGovernor Approved
  7/29/2005SenateEffective Date July 29, 2005
  7/29/2005SenatePublic Act . . . . . . . . . 94-0377

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