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Sen. Iris Y. Martinez
Filed: 3/11/2008
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LRB095 19282 DRJ 48022 a |
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| AMENDMENT TO SENATE BILL 2827
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| AMENDMENT NO. ______. Amend Senate Bill 2827, AS AMENDED, |
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| with reference to page and line numbers of Senate Amendment No. |
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| 1, on page 14, after line 23, by inserting the following:
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| "Section 20. The Criminal Code of 1961 is amended by |
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| changing Section 10-5.5 as follows:
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| (720 ILCS 5/10-5.5)
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| Sec. 10-5.5. Unlawful parenting time visitation |
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| interference.
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| (a) As used in this Section,
the terms
"child", "detain", |
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| and "lawful custodian" shall have the meanings ascribed
to them |
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| in Section 10-5 of this Code.
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| (b) Every person who, in violation of the visitation, |
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| parenting time, or custody time
provisions of a court order |
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| relating to child custody, detains
or conceals a child with the |
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| intent to deprive another person of his or her
rights
to |
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LRB095 19282 DRJ 48022 a |
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| visitation, parenting time, or custody time shall be guilty of |
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| unlawful parenting time
visitation interference.
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| (c) A person committing unlawful parenting time visitation |
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| interference is
guilty of a petty offense. However, any person |
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| violating this Section after
2 prior convictions of unlawful |
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| visitation interference or unlawful parenting time |
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| interference is guilty
of a Class A misdemeanor.
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| (d) Any law enforcement officer who has probable cause to |
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| believe that
a person has committed or is committing an act in |
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| violation of this Section
shall issue to that person a notice |
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| to appear.
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| (e) The notice shall:
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| (1) be in writing;
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| (2) state the name of the person and his address, if |
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| known;
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| (3) set forth the nature of the offense;
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| (4) be signed by the officer issuing the notice; and
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| (5) request the person to appear before a court at a |
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| certain time and
place.
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| (f) Upon failure of the person to appear, a summons or |
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| warrant of arrest may
be issued.
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| (g) It is an affirmative defense that:
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| (1) a person or lawful custodian committed the act to |
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| protect the child
from imminent physical harm, provided |
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| that the defendant's belief that
there was physical harm
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| imminent was reasonable and that the defendant's conduct in |
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LRB095 19282 DRJ 48022 a |
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| withholding
visitation rights, parenting time, or custody |
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| time was a reasonable response to the harm believed |
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| imminent;
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| (2) the act was committed with the mutual consent of |
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| all parties having a
right to custody and visitation of the |
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| child or parenting time with the child; or
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| (3) the act was otherwise authorized by law.
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| (h) A person convicted of unlawful parenting time |
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| visitation interference shall not be
subject to a civil |
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| contempt citation for the same conduct for violating
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| visitation, parenting time, or custody time provisions of a
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| court order issued under the Illinois Marriage and Dissolution |
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| of Marriage
Act.
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| (Source: P.A. 88-96.)".
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