Bill Status of HB 1485   99th General Assembly

Short Description:  PARENTAGE-ACKNOWLEDGEMENT

House Sponsors
Rep. Adam Brown-La Shawn K. Ford, Camille Y. Lilly and Elgie R. Sims, Jr.

Senate Sponsors
(Sen. Chapin Rose)


Last Action  View All Actions

DateChamber Action
  8/27/2015HousePublic Act . . . . . . . . . 99-0471

Statutes Amended In Order of Appearance
305 ILCS 5/10-14.1
750 ILCS 45/4.1
750 ILCS 45/8from Ch. 40, par. 2508

Synopsis As Introduced
Amends the Illinois Public Aid Code and the Illinois Parentage Act of 1984. Provides that an 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 the 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 DNA evidence that a 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 an action under the new provisions 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 the 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.

House Committee Amendment No. 1
Adds reference to:
305 ILCS 5/10-15.1

Provides that a Section of the Illinois Public Aid Code concerning the judicial registration of administrative support orders applies also to administrative paternity orders. Makes corresponding changes.

Senate Committee Amendment No. 1
Deletes reference to:
305 ILCS 5/10-14.1
750 ILCS 45/4.1
750 ILCS 45/8

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill, and makes the following changes: (1) provides that a party may petition for relief from a registered final administrative paternity order entered by consent of the parties, excluding a voluntary acknowledgement or denial of paternity as well as an administrative paternity order entered pursuant to genetic testing; (2) provides that the petition shall be filed pursuant to the Code of Civil Procedure based upon a showing of due diligence and a meritorious defense; (3) provides that the court, after reviewing the evidence regarding the administrative paternity order entered by consent of the parties, shall issue an order regarding the petition; (4) provides that nothing shall be construed to alter the effect of a final administrative paternity order, or the restriction of judicial review of such a final order to the provisions of the Administrative Review Law; (5) adds documents showing service of the notice of paternity and support obligation to the list of documents that must be filed when registering a final administrative support order in the appropriate circuit court; (6) removes changes made to the Illinois Public Aid Code and the Illinois Parentage Act of 1984 concerning (i) challenges to an administrative determination of paternity that is not based on a voluntary acknowledgment of paternity; (ii) a requirement that a party challenging an administrative determination of paternity consent to and submit to deoxyribonucleic acid (DNA) testing; and (iii) time limitations on when a party can challenge an administrative determination of paternity; and (7) adds an immediate effective date.

Actions 
DateChamber Action
  2/5/2015HouseFiled with the Clerk by Rep. La Shawn K. Ford
  2/6/2015HouseFirst Reading
  2/6/2015HouseReferred to Rules Committee
  2/24/2015HouseAssigned to Judiciary - Civil Committee
  3/10/2015HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. La Shawn K. Ford
  3/10/2015HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/16/2015HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  3/25/2015HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  3/25/2015HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 009-000-000
  3/25/2015HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2015HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  4/16/2015HouseChief Sponsor Changed to Rep. Adam Brown
  4/16/2015HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  4/17/2015HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Adam Brown
  4/17/2015HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/20/2015HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  4/21/2015HouseSecond Reading - Short Debate
  4/21/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/22/2015HouseThird Reading - Short Debate - Passed 116-000-000
  4/22/2015HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40
  4/22/2015SenateArrive in Senate
  4/22/2015SenatePlaced on Calendar Order of First Reading
  4/22/2015SenateChief Senate Sponsor Sen. Chapin Rose
  4/23/2015SenateFirst Reading
  4/23/2015SenateReferred to Assignments
  4/29/2015SenateAssigned to Judiciary
  5/6/2015SenatePostponed - Judiciary
  5/8/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Chapin Rose
  5/8/2015SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/12/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/12/2015SenateSenate Committee Amendment No. 1 Adopted
  5/13/2015SenateDo Pass as Amended Judiciary; 008-000-000
  5/13/2015SenatePlaced on Calendar Order of 2nd Reading May 14, 2015
  5/19/2015SenateSecond Reading
  5/19/2015SenatePlaced on Calendar Order of 3rd Reading May 20, 2015
  5/21/2015SenateThird Reading - Passed; 057-000-000
  5/21/2015HouseArrived in House
  5/21/2015HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/21/2015HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Adam Brown
  5/21/2015HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/31/2015HouseRule 19(a) / Re-referred to Rules Committee
  6/22/2015HouseApproved for Consideration Rules Committee; 003-001-000
  6/22/2015HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  6/22/2015HouseFinal Action Deadline Extended-9(b) June 30, 2015
  6/22/2015HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Civil Committee
  6/23/2015HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 006-000-000
  6/23/2015House3/5 Vote Required
  6/23/2015HouseSenate Committee Amendment No. 1 House Concurs 103-000-000
  6/23/2015HouseHouse Concurs
  6/23/2015HousePassed Both Houses
  6/23/2015HouseAdded Co-Sponsor Rep. Elgie R. Sims, Jr.
  7/22/2015HouseSent to the Governor
  8/27/2015HouseGovernor Approved
  8/27/2015HouseEffective Date August 27, 2015
  8/27/2015HousePublic Act . . . . . . . . . 99-0471

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