Rep. Ann Williams

Filed: 3/14/2013





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2    AMENDMENT NO. ______. Amend House Bill 3128 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Parentage Act of 1984 is amended
5by changing Section 6.5 as follows:
6    (750 ILCS 45/6.5)
7    Sec. 6.5. Custody or visitation by sex offender prohibited
8to men who father through sexual assault or sexual abuse.
9    (a) This Section applies to a person who has been found to
10be the father of a child under this Act and who:
11        (1) has been convicted of or who has pled guilty or
12    nolo contendere to a violation of Section 11-1.20 (criminal
13    sexual assault), Section 11-1.30 (aggravated criminal
14    sexual assault), Section 11-1.40 (predatory criminal
15    sexual assault of a child), Section 11-1.50 (criminal
16    sexual abuse), Section 11-1.60 (aggravated criminal sexual



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1    abuse), Section 11-11 (sexual relations within families),
2    Section 12-13 (criminal sexual assault), Section 12-14
3    (aggravated criminal sexual assault), Section 12-14.1
4    (predatory criminal sexual assault of a child), Section
5    12-15 (criminal sexual abuse), or Section 12-16
6    (aggravated criminal sexual abuse) of the Criminal Code of
7    1961 or the Criminal Code of 2012, or a similar statute in
8    another jurisdiction, for his conduct in fathering that
9    child; or .
10        (2) at a fact-finding hearing, is found by clear and
11    convincing evidence to have committed an act of
12    non-consensual sexual penetration for his conduct in
13    fathering that child.
14    (b) A person described in subsection (a) shall not be
15entitled to custody of or visitation with that child without
16the consent of the child's mother or guardian. If the person
17described in subsection (a) is also the guardian of the child,
18he does not have the authority to consent to visitation or
19custody under this Section. If the mother of the child is a
20minor, and the person described in subsection (a) is also the
21father or guardian of the mother, then he does not have the
22authority to consent to custody or visits.
23    (c) Notwithstanding any other provision of this Act,
24nothing in this Section shall be construed to relieve the
25father described in subsection (a) of any support and
26maintenance obligations to the child under this Act. The



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1child's mother or guardian may decline support and maintenance
2obligations from the father.
3    (d) Notwithstanding any other provision of law, the father
4described in subsection (a) of this Section is not entitled to
5any inheritance or other rights from the child without the
6consent of the child's mother or guardian.
7    (e) Notwithstanding any provision of the Illinois Marriage
8and Dissolution of Marriage Act, the parent, grandparent,
9great-grandparent, or sibling of the person described in
10subsection (a) of this Section does not have standing to bring
11an action requesting custody or visitation with the child
12without the consent of the child's mother or guardian.
13    (f) A petition under this Section may be filed by the
14child's mother or guardian either as an affirmative petition in
15circuit court or as an affirmative defense in any proceeding
16filed by the person described in subsection (a) of this Section
17regarding the child.
18(Source: P.A. 96-1551, eff. 7-1-11; 97-568, eff. 8-25-11;
1997-1150, eff. 1-25-13.)".