Bill Status of HB 3005   97th General Assembly

Short Description:  CIVIL LAW-TECH

House Sponsors
Rep. William Davis

Senate Sponsors
(Sen. William Delgado and Mattie Hunter)


Last Action  View All Actions

DateChamber Action
  8/25/2011HousePublic Act . . . . . . . . . 97-0568

Statutes Amended In Order of Appearance
750 ILCS 45/2from Ch. 40, par. 2502

Synopsis As Introduced
Amends the Illinois Parentage Act of 1984. Makes a technical change in a Section concerning the parent and child relationship.

House Committee Amendment No. 2
Deletes reference to:
750 ILCS 45/2
Adds reference to:
705 ILCS 405/1-3from Ch. 37, par. 801-3
705 ILCS 405/6-9from Ch. 37, par. 806-9
750 ILCS 45/6.5

Replaces everything after the enacting clause. Amends the Juvenile Court Act and the Illinois Parentage Act. Includes within the definition of "parent" any man who has (1) been convicted of or pled nolo contendere to any crime under the Criminal Code of 1961 or similar statute in another jurisdiction that resulted in the conception of a child or (2) been charged with any of those offenses and the court finds, by a preponderance of the evidence, that the acts occurred and resulted in the conception of a child. Provides that in any case in which a child has been conceived as a result of certain crimes and the biological father of the child has (1) been convicted of or pled nolo contendere to the offense or (2) been charged with one of those offenses and the court finds, by clear and convincing evidence, that the acts occurred and resulted in the conception of a child, then paternity and parental rights shall not be presumed or granted by any court and the father shall not be entitled to custody of or visitation with that child without the consent of the mother or guardian. Makes other changes. Effective immediately.

House Floor Amendment No. 4
Deletes reference to:
750 ILCS 45/2
Adds reference to:
705 ILCS 405/1-3from Ch. 37, par. 801-3
705 ILCS 405/6-9from Ch. 37, par. 806-9
750 ILCS 45/6.5

Replaces everything after the enacting clause. Amends the Juvenile Court Act. Provides that the definition of "parent" includes any man who has (1) been convicted of or pled guilty or nolo contendere (instead of convicted of or pled guilty) to any crime under the Criminal Code of 1961 or similar statute in another jurisdiction that resulted in the conception of the child or (2) is currently charged with any of those offenses and the court finds, by clear and convincing evidence, that the acts occurred and resulted in the conception of the child. Amends the Illinois Parentage Act of 1984. Provides that in any case in which a child has been conceived as a result of certain crimes and the biological father of the child has (1) been convicted of or pled nolo contendere to the offense or (2) is currently charged with one of those offenses and the court finds, by clear and convincing evidence, that the acts occurred and resulted in the conception of the child, then paternity and parental rights shall not be presumed or granted by any court: without the consent of the mother and the guardian of the child, unless the guardian is the father of the child and was convicted of or pled guilty or nolo contendere to one of the identified sex offenses; or without the consent of the mother or guardian of the mother if the mother is a minor, unless the guardian of the mother is the father of the child and the father was convicted of or pled guilty or nolo contendere to one of the identified sex offenses. Makes other changes. Effective immediately.

House Floor Amendment No. 5
Deletes reference to:
750 ILCS 45/2
Adds reference to:
705 ILCS 405/1-3from Ch. 37, par. 801-3
705 ILCS 405/6-9from Ch. 37, par. 806-9
750 ILCS 45/6.5

Replaces everything after the enacting clause. Amends the Juvenile Court Act. Removes from the definition of "parent" any man who has been convicted of or pled guilty or nolo contendere (instead of convicted of or pled guilty). Amends the Illinois Parentage Act of 1984. Provides that in any case in which a child has been conceived as a result of certain crimes and the biological father of the child has been convicted of or pled nolo contendere to the offense then paternity and parental rights shall not be presumed or granted by any court: without the consent of the mother and the guardian of the child, unless the guardian is the father of the child and was convicted of or pled guilty or nolo contendere to one of the identified sex offenses; or without the consent of the mother or guardian of the mother if the mother is a minor, unless the guardian of the mother is the father of the child and the father was convicted of or pled guilty or nolo contendere to one of the identified sex offenses. Makes other changes. Effective immediately.

Senate Floor Amendment No. 1
Adds reference to:
750 ILCS 45/6.5

Further amends the Juvenile Court Act of 1987. Provides that the term "parent" does not include a person who has been or could be determined under law to be a parent if that person has been convicted of or pled guilty or nolo contendere to a crime that resulted in the conception of the child unless any party to the juvenile court proceedings, other than the offender, makes a request that the court deem the offender to be a parent and the court finds that to do so for purposes of the juvenile court proceedings is in the child's best interest. Further amends the Illinois Parentage Act of 1984. Provides that a person who was convicted of or pled guilty or nolo contendere (instead of convicted or pled guilty) to a criminal offense that resulted in the conception of a child is not entitled to custody of or visitation with that child without the consent of the child's mother and the father cannot give this consent even if he is the guardian of the child or of the mother.

Actions 
DateChamber Action
  2/23/2011HouseFiled with the Clerk by Rep. Michael J. Zalewski
  2/23/2011HouseFirst Reading
  2/23/2011HouseReferred to Rules Committee
  2/28/2011HouseAssigned to Executive Committee
  3/15/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Michael J. Zalewski
  3/15/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/16/2011HouseRe-assigned to Judiciary I - Civil Law Committee
  3/16/2011HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  3/17/2011HouseCommittee Deadline Extended-Rule 9(b) April 15, 2011
  3/30/2011HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Michael J. Zalewski
  3/30/2011HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  4/1/2011HouseHouse Committee Amendment No. 3 Filed with Clerk by Rep. Michael J. Zalewski
  4/1/2011HouseHouse Committee Amendment No. 3 Referred to Rules Committee
  4/4/2011HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  4/6/2011HouseHouse Committee Amendment No. 2 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  4/6/2011HouseDo Pass as Amended / Standard Debate Judiciary I - Civil Law Committee; 006-005-000
  4/6/2011HousePlaced on Calendar 2nd Reading - Standard Debate
  4/6/2011HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  4/6/2011HouseHouse Committee Amendment No. 3 Tabled Pursuant to Rule 40
  4/8/2011HouseSecond Reading - Standard Debate
  4/8/2011HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  4/11/2011HouseRecalled to the Order of First Reading
  4/11/2011HouseFirst Reading
  4/11/2011HousePlaced on Calendar 2nd Reading - Standard Debate
  4/11/2011HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Michael J. Zalewski
  4/11/2011HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  4/12/2011HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-000-000
  4/12/2011HouseSecond Reading - Standard Debate
  4/12/2011HouseHeld on Calendar Order of Second Reading - Standard Debate
  4/12/2011HouseHouse Floor Amendment No. 4 Adopted by Voice Vote
  4/12/2011HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  4/13/2011HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. Michael J. Zalewski
  4/13/2011HouseHouse Floor Amendment No. 5 Referred to Rules Committee
  4/13/2011HouseChief Sponsor Changed to Rep. William Davis
  4/14/2011HouseHouse Floor Amendment No. 5 Recommends Be Adopted Rules Committee; 004-000-000
  4/14/2011HouseRecalled to Second Reading - Standard Debate
  4/14/2011HouseHouse Floor Amendment No. 5 Adopted by Voice Vote
  4/14/2011HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  4/15/2011HouseThird Reading - Standard Debate - Passed 105-000-005
  4/22/2011SenateArrive in Senate
  4/22/2011SenatePlaced on Calendar Order of First Reading
  4/22/2011SenateChief Senate Sponsor Sen. William Delgado
  4/22/2011SenateFirst Reading
  4/22/2011SenateReferred to Assignments
  4/27/2011SenateAssigned to Judiciary
  5/5/2011SenateRe-referred to Assignments
  5/5/2011SenateRe-assigned to Criminal Law
  5/11/2011SenateDo Pass Criminal Law; 006-000-000
  5/11/2011SenatePlaced on Calendar Order of 2nd Reading May 12, 2011
  5/12/2011SenateSecond Reading
  5/12/2011SenatePlaced on Calendar Order of 3rd Reading May 13, 2011
  5/19/2011SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. William Delgado
  5/19/2011SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/22/2011SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  5/22/2011SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 006-000-000
  5/24/2011SenateRecalled to Second Reading
  5/24/2011SenateSenate Floor Amendment No. 1 Adopted; Delgado
  5/24/2011SenatePlaced on Calendar Order of 3rd Reading
  5/24/2011SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/24/2011SenateThird Reading - Passed; 059-000-000
  5/24/2011HouseArrived in House
  5/24/2011HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/24/2011HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. William Davis
  5/24/2011HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/29/2011HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/31/2011HouseSenate Floor Amendment No. 1 House Concurs 116-000-000
  5/31/2011HousePassed Both Houses
  6/29/2011HouseSent to the Governor
  8/25/2011HouseGovernor Approved
  8/25/2011HouseEffective Date August 25, 2011
  8/25/2011HousePublic Act . . . . . . . . . 97-0568

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