Illinois General Assembly - Bill Status for SB 2827

Amends the Illinois Public Aid Code and the Illinois Parentage Act of 1984. Provides that in a proceeding under the Illinois Parentage Act of 1984, except in a case in which a party is in default, the court shall (instead of may, and upon request of a party shall) order or direct the mother, child, and alleged father to submit to DNA tests; provides an exception if both the mother and the alleged father have signed a waiver stating that (i) they have been informed of the requirement of DNA testing and (ii) they expressly waive that requirement. Provides that the Department of Healthcare and Family Services may not make an administrative determination of paternity, and the court may not enter a judgment of parentage, unless (1) the results of DNA tests of the mother, child, and alleged father have been admitted into evidence (provided that if a party is in default, the results of a DNA test need not be admitted into evidence) or (2) both the mother and the alleged father have signed a waiver stating that they have been informed of the requirement of DNA testing and they expressly waive that requirement. Requires the Department of Healthcare and Family Services to prescribe the form of the waiver and distribute copies of the waiver form to the circuit courts of the State. Effective immediately.

Replaces everything after the enacting clause. Amends the Illinois Public Aid Code, the Vital Records Act, and the Illinois Parentage Act of 1984. Provides that the Department of Healthcare and Family Services' form for voluntary acknowledgement of paternity in connection with child support collection shall be the same form prepared by the Department and distributed to county clerks and registrars under the Vital Records Act. Provides that an acknowledgement of paternity and denial of paternity form shall include a statement informing the mother, the alleged father, and the presumed father, if any, that they have the right to request DNA tests regarding the issue of the child's paternity and that by signing the form, they expressly waive such tests. Provides that in an action brought under the Illinois Parentage Act of 1984 to determine the existence of the father and child relationship or to declare the non-existence of the parent and child relationship, the court or Administrative Hearing Officer in an Expedited Child Support System shall, prior to the entry of a judgment in the case, advise the respondent who appears of the right to request an order that the parties and the child submit to DNA tests to determine inherited characteristics; provides that the advisement shall be noted in the record. Effective immediately.

Amends the Criminal Code of 1961. In provisions concerning the offense of unlawful visitation interference, changes the name of the offense to unlawful parenting time interference and changes references from "visitation" to "parenting time"; also adds references to "custody time".

With respect to the provisions of the Vital Records Act amended by Senate Amendment No. 1, requires that the statement on the acknowledgement and denial of paternity form concerning the right to request DNA tests be set forth in bold-face capital letters not less than 0.25 inches in height. With respect to the provisions of the Criminal Code of 1961 amended by Senate Amendment No. 2, changes the name of the offense from "unlawful parenting time interference" to "unlawful visitation or parenting time interference".

Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

Date	Chamber	Action
1/13/2009	Senate	Session Sine Die

Date	Chamber	Action
2/15/2008	Senate	Filed with Secretary by Sen. Iris Y. Martinez
2/15/2008	Senate	First Reading
2/15/2008	Senate	Referred to Rules
2/28/2008	Senate	Assigned to Judiciary Civil Law
3/6/2008	Senate	Held in Judiciary Civil Law
3/10/2008	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. Iris Y. Martinez
3/10/2008	Senate	Senate Committee Amendment No. 1 Referred to Rules
3/11/2008	Senate	Senate Committee Amendment No. 2 Filed with Secretary by Sen. Iris Y. Martinez
3/11/2008	Senate	Senate Committee Amendment No. 2 Referred to Rules
3/11/2008	Senate	Senate Committee Amendment No. 1 Rules Refers to Judiciary Civil Law
3/11/2008	Senate	Senate Committee Amendment No. 2 Rules Refers to Judiciary Civil Law
3/11/2008	Senate	Senate Committee Amendment No. 1 Adopted
3/11/2008	Senate	Senate Committee Amendment No. 2 Adopted
3/13/2008	Senate	Do Pass as Amended Judiciary Civil Law; 010-000-000
3/13/2008	Senate	Placed on Calendar Order of 2nd Reading April 1, 2008
4/1/2008	Senate	Second Reading
4/1/2008	Senate	Placed on Calendar Order of 3rd Reading April 2, 2008
4/2/2008	Senate	Senate Floor Amendment No. 3 Filed with Secretary by Sen. Iris Y. Martinez; -Dillard
4/2/2008	Senate	Senate Floor Amendment No. 3 Referred to Rules
4/9/2008	Senate	Senate Floor Amendment No. 3 Rules Refers to Judiciary Civil Law
4/10/2008	Senate	Senate Floor Amendment No. 3 Recommend Do Adopt Judiciary Civil Law; 008-000-000
4/15/2008	Senate	Recalled to Second Reading
4/15/2008	Senate	Senate Floor Amendment No. 3 Adopted; Martinez-Dillard
4/15/2008	Senate	Placed on Calendar Order of 3rd Reading
4/15/2008	Senate	Third Reading - Passed; 052-000-000
4/15/2008	House	Arrived in House
4/15/2008	House	Placed on Calendar Order of First Reading
4/15/2008	House	Chief House Sponsor Rep. Paul D. Froehlich
4/15/2008	House	First Reading
4/15/2008	House	Referred to Rules Committee
4/17/2008	House	Alternate Chief Sponsor Changed to Rep. John A. Fritchey
4/17/2008	House	Added Alternate Chief Co-Sponsor Rep. Paul D. Froehlich
5/1/2008	House	Assigned to Judiciary I - Civil Law Committee
5/9/2008	House	Committee Deadline Extended-Rule 9(b) May 23, 2008
5/14/2008	House	House Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
5/14/2008	House	House Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
5/14/2008	House	Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 013-000-000
5/14/2008	House	Placed on Calendar 2nd Reading - Short Debate
5/14/2008	House	Second Reading - Short Debate
5/14/2008	House	Placed on Calendar Order of 3rd Reading - Short Debate
5/22/2008	House	Third Reading - Short Debate - Passed 109-000-000
5/23/2008	Senate	Secretary's Desk - Concurrence House Amendment(s) 01
5/23/2008	Senate	Placed on Calendar Order of Concurrence House Amendment(s) 01-May 27, 2008
5/23/2008	Senate	House Amendment No. 1 Motion to Non-Concur Filed with Secretary Sen. Iris Y. Martinez
5/28/2008	Senate	Senate Non-Concurs 01
5/29/2008	House	Placed on Calendar Order of Non-Concurrence House Amendment(s) 1
7/1/2008	House	Rule 19(b) / Re-referred to Rules Committee
1/13/2009	Senate	Session Sine Die

	Adds reference to:
	410 ILCS 535/12	from Ch. 111 1/2, par. 73-12

	Deletes reference to:
	750 ILCS 45/14