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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 10-5.5 as follows:
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6 | (720 ILCS 5/10-5.5)
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7 | Sec. 10-5.5. Unlawful parenting time visitation | ||||||
8 | interference.
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9 | (a) As used in this Section,
the terms
"child", "detain", | ||||||
10 | and "lawful custodian" shall have the meanings ascribed
to them | ||||||
11 | in Section 10-5 of this Code.
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12 | (b) Every person who, in violation of the visitation , | ||||||
13 | parenting time, or custody time
provisions of a court order | ||||||
14 | relating to child custody, detains
or conceals a child with the | ||||||
15 | intent to deprive another person of his or her
rights
to | ||||||
16 | visitation , parenting time, or custody time shall be guilty of | ||||||
17 | unlawful parenting time
visitation interference.
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18 | (c) A person committing unlawful parenting time visitation | ||||||
19 | interference is
guilty of a petty offense. However, any person | ||||||
20 | violating this Section after
2 prior convictions of unlawful | ||||||
21 | visitation interference or unlawful parenting time | ||||||
22 | interference is guilty
of a Class A misdemeanor.
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23 | (d) Any law enforcement officer who has probable cause to |
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1 | believe that
a person has committed or is committing an act in | ||||||
2 | violation of this Section
shall issue to that person a notice | ||||||
3 | to appear.
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4 | (e) The notice shall:
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5 | (1) be in writing;
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6 | (2) state the name of the person and his address, if | ||||||
7 | known;
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8 | (3) set forth the nature of the offense;
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9 | (4) be signed by the officer issuing the notice; and
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10 | (5) request the person to appear before a court at a | ||||||
11 | certain time and
place.
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12 | (f) Upon failure of the person to appear, a summons or | ||||||
13 | warrant of arrest may
be issued.
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14 | (g) It is an affirmative defense that:
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15 | (1) a person or lawful custodian committed the act to | ||||||
16 | protect the child
from imminent physical harm, provided | ||||||
17 | that the defendant's belief that
there was physical harm
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18 | imminent was reasonable and that the defendant's conduct in | ||||||
19 | withholding
visitation rights , parenting time, or custody | ||||||
20 | time was a reasonable response to the harm believed | ||||||
21 | imminent;
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22 | (2) the act was committed with the mutual consent of | ||||||
23 | all parties having a
right to custody and visitation of the | ||||||
24 | child or parenting time with the child ; or
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25 | (3) the act was otherwise authorized by law.
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26 | (h) A person convicted of unlawful parenting time |
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1 | visitation interference shall not be
subject to a civil | ||||||
2 | contempt citation for the same conduct for violating
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3 | visitation , parenting time, or custody time provisions of a
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4 | court order issued under the Illinois Marriage and Dissolution | ||||||
5 | of Marriage
Act.
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6 | (Source: P.A. 88-96.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law. |