Bill Status of HB 1589   97th General Assembly

Short Description:  DISSOL-MILITARY-CUSTODY

House Sponsors
Rep. Robert W. Pritchard-Pam Roth-Wayne Rosenthal-Michael Unes-Renée Kosel, Dwight Kay, Jack D. Franks, Keith Farnham, Carol A. Sente, Linda Chapa LaVia and Fred Crespo

Senate Sponsors
(Sen. Mike Jacobs and David S. Luechtefeld)


Last Action  View All Actions

DateChamber Action
  1/13/2012HousePublic Act . . . . . . . . . 97-0659

Statutes Amended In Order of Appearance
750 ILCS 5/603from Ch. 40, par. 603
750 ILCS 5/606from Ch. 40, par. 606
750 ILCS 5/607from Ch. 40, par. 607
750 ILCS 5/610from Ch. 40, par. 610

Synopsis As Introduced
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that any temporary order that modifies custody, in whole or in part, because of a party's deployment as a member of the United States Armed Forces must also provide that after a specified time following the end of the deployment, the custody order in effect prior to the deployment must be reinstated, unless the other party, who bears the burden of proof, shows that it is not in the best interest of the child to reinstate the order. Provides that if the party who was not deployed contests reinstatement of the prior order, that party bears the burden of proof to show that it should not be reinstated. Provides that in a custody hearing in which a parent is a member of the United States Armed Forces who is deployed or who has orders to be deployed: the proceedings shall, upon the service member's request, receive expedited priority in being set for hearing; the service member shall be permitted to testify by telephone or other electronic means when the service member is unavailable to appear due to the deployment; and, upon motion, the court may allow the deployed parent to designate another person to exercise the visitation that the deployed parent has under the existing order, if the court determines that it is in the child's best interest. Makes other changes.

House Floor Amendment No. 1
Replaces everything after the enacting clause with provisions similar to those in the bill except for the following: provides that the court in awarding temporary custody shall apply, in addition to existing statutory standards, provisions that state that a court may only temporarily modify custody during a service member's deployment; provides that custody and visitation proceedings in which a parent is a deployed service member shall receive, upon the request of either party (instead of the service member's request), expedited hearing priority; provides that the court may allow a deployed parent to designate a person known to the child (instead of designate a person) to exercise substitute visitation; and provides that a court may temporarily modify a custody or visitation order during a parent's deployment in order to reasonably accommodate the parent's deployment and, in that case, the court shall provide for visitation during a parent's military leave from deployment. Provides that a court shall not modify a prior custody judgment during a parent's deployment. Makes other changes.

Senate Committee Amendment No. 1
Further amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a court considering whether to grant an active military parent permission to designate a person to have substitute visitation with the child when the parent is deployed shall evaluate the designated substitute by using the custody determination factors. Provides that if a court temporarily modifies a custody or visitation order during a parent's deployment, the court shall provide for visitation by electronic communication, if appropriate.

Actions 
DateChamber Action
  2/15/2011HouseFiled with the Clerk by Rep. Robert W. Pritchard
  2/15/2011HouseFirst Reading
  2/15/2011HouseReferred to Rules Committee
  2/22/2011HouseAssigned to Judiciary I - Civil Law Committee
  2/25/2011HouseAdded Chief Co-Sponsor Rep. Pam Roth
  2/25/2011HouseAdded Chief Co-Sponsor Rep. Wayne Rosenthal
  2/25/2011HouseAdded Chief Co-Sponsor Rep. Michael Unes
  2/25/2011HouseAdded Chief Co-Sponsor Rep. Renée Kosel
  3/2/2011HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 010-000-000
  3/2/2011HousePlaced on Calendar 2nd Reading - Short Debate
  3/8/2011HouseSecond Reading - Short Debate
  3/8/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/8/2011HouseRecalled to Second Reading - Short Debate
  3/8/2011HouseHeld on Calendar Order of Second Reading - Short Debate
  3/18/2011HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Robert W. Pritchard
  3/18/2011HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/28/2011HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  3/30/2011HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 010-000-000
  4/5/2011HouseAdded Co-Sponsor Rep. Dwight Kay
  4/11/2011HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  4/11/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/12/2011HouseThird Reading - Short Debate - Passed 113-000-000
  4/12/2011HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/12/2011HouseAdded Co-Sponsor Rep. Keith Farnham
  4/12/2011HouseAdded Co-Sponsor Rep. Carol A. Sente
  4/12/2011HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/12/2011HouseAdded Co-Sponsor Rep. Fred Crespo
  4/12/2011SenateArrive in Senate
  4/12/2011SenatePlaced on Calendar Order of First Reading April 13, 2011
  5/6/2011SenateChief Senate Sponsor Sen. Mike Jacobs
  5/6/2011SenateFirst Reading
  5/6/2011SenateReferred to Assignments
  5/9/2011SenateAdded as Alternate Co-Sponsor Sen. David S. Luechtefeld
  5/10/2011SenateAssigned to Judiciary
  5/13/2011SenateRule 3-9(a) / Re-referred to Assignments
  10/12/2011SenateRe-assigned to Judiciary
  10/24/2011SenateRule 2-10 Third Reading Deadline Established As November 10, 2011
  11/7/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Mike Jacobs
  11/7/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  11/8/2011SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  11/8/2011SenateSenate Committee Amendment No. 1 Adopted
  11/8/2011SenateDo Pass as Amended Judiciary; 010-000-000
  11/8/2011SenatePlaced on Calendar Order of 2nd Reading November 8, 2011
  11/8/2011SenateSecond Reading
  11/8/2011SenatePlaced on Calendar Order of 3rd Reading November 9, 2011
  11/9/2011SenateThird Reading - Passed; 056-000-000
  11/9/2011HouseArrived in House
  11/9/2011HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  11/9/2011HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Robert W. Pritchard
  11/9/2011HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  11/10/2011HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  11/10/2011HouseSenate Committee Amendment No. 1 House Concurs 114-000-000
  11/10/2011HousePassed Both Houses
  12/9/2011HouseSent to the Governor
  1/13/2012HouseGovernor Approved
  1/13/2012HouseEffective Date June 1, 2012
  1/13/2012HousePublic Act . . . . . . . . . 97-0659

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