Bill Status of SB 1867   98th General Assembly

Short Description:  PARENTAGE-ACKNOWLEDGEMENT

Senate Sponsors
Sen. Chapin Rose

House Sponsors
(Rep. La Shawn K. Ford-Adam Brown-Arthur Turner-Jil Tracy)


Committee Hearing
Judiciary Hearing May 15 2013 9:30AM Stratton Building Room D-1 Springfield, IL

Last Action  View All Actions

DateChamber Action
  5/15/2013HouseTabled Pursuant to Rule 22(g)

Statutes Amended In Order of Appearance
750 ILCS 45/5from Ch. 40, par. 2505
750 ILCS 45/6from Ch. 40, par. 2506
750 ILCS 45/7from Ch. 40, par. 2507

Synopsis As Introduced
Amends the Illinois Parentage Act of 1984. Provides that a man may bring an action to declare the non-existence of the parent and child relationship, even after the man has signed an unrescinded acknowledgment of parentage, if, as a result of deoxyribonucleic acid (DNA) tests, it is discovered that the man adjudicated to be the father is not the natural father of the child. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
750 ILCS 45/5from Ch. 40, par. 2505
750 ILCS 45/7from Ch. 40, par. 2507

Replaces everything after the enacting clause. Amends the Illinois Parentage Act of 1984. Provides that an administrative determination of paternity made under the Illinois Public Aid Code may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party. Provides that pending the outcome of a challenge to an acknowledgment or administrative determination of paternity, the legal responsibilities of the parties (instead of "signatories") shall remain in full force and effect, except upon order of the court upon a showing of good cause. Provides that a party challenging an administrative determination of paternity must consent to and submit to deoxyribonucleic acid (DNA) testing, in accordance with Department of Healthcare and Family Services rules, in order to challenge paternity. Effective immediately.

Senate Floor Amendment No. 2
Deletes reference to:
750 ILCS 45/6
Adds reference to:
305 ILCS 5/10-14.1
750 ILCS 45/4.1
750 ILCS 45/8from Ch. 40, par. 2508

Replaces everything after the enacting clause. Amends the Illinois Public Aid Code and the Illinois Parentage Act of 1984. Provides that administrative determination of paternity that is not based on a voluntary acknowledgment of paternity made in accordance with the Illinois Public Aid Code may be challenged in court on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party and that, pending outcome of the challenge to the administrative determination of paternity, the legal responsibilities of the parties shall remain in full force and effect, except upon order of the court upon a showing of good cause. Provides that evidence that, based on DNA testing, the man who has been found to be the father of a child under an administrative determination of paternity is not the natural father of the child constitutes a material mistake of fact. Provides that such an action is barred if brought more than 6 months after the effective date of the amendatory Act or more than 2 years after the petitioner obtains actual knowledge of relevant facts, whichever is later and that the 2-year period for bringing an action shall not extend beyond the date on which the child reaches the age of 18 years. Effective immediately.

Actions 
DateChamber Action
  2/15/2013SenateFiled with Secretary by Sen. Chapin Rose
  2/15/2013SenateFirst Reading
  2/15/2013SenateReferred to Assignments
  2/27/2013SenateAssigned to Judiciary
  3/5/2013SenatePostponed - Judiciary
  3/12/2013SenatePostponed - Judiciary
  3/15/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Chapin Rose
  3/15/2013SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/19/2013SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/19/2013SenateSenate Committee Amendment No. 1 Adopted
  3/19/2013SenateDo Pass as Amended Judiciary; 010-000-000
  3/19/2013SenatePlaced on Calendar Order of 2nd Reading March 20, 2013
  4/12/2013SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Chapin Rose
  4/12/2013SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/16/2013SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  4/17/2013SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000
  4/18/2013SenateSecond Reading
  4/18/2013SenateSenate Floor Amendment No. 2 Adopted; Rose
  4/18/2013SenatePlaced on Calendar Order of 3rd Reading April 23, 2013
  4/24/2013SenateThird Reading - Passed; 052-000-000
  4/25/2013HouseArrived in House
  4/25/2013HouseChief House Sponsor Rep. La Shawn K. Ford
  4/29/2013HouseFirst Reading
  4/29/2013HouseReferred to Rules Committee
  4/29/2013HouseAssigned to Judiciary
  4/30/2013HouseAdded Alternate Chief Co-Sponsor Rep. Adam Brown
  4/30/2013HouseAdded Alternate Chief Co-Sponsor Rep. Arthur Turner
  5/8/2013HouseMotion Do Pass - Lost Judiciary; 007-006-000
  5/8/2013HouseRemains in Judiciary
  5/10/2013HouseFinal Action Deadline Extended-9(b) May 24, 2013
  5/14/2013HouseAdded Alternate Chief Co-Sponsor Rep. Jil Tracy
  5/15/2013HouseMotion Do Pass - Lost Judiciary; 008-008-000
  5/15/2013HouseTabled Pursuant to Rule 22(g)

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