99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0497

 

Introduced , by Rep. Natalie A. Manley

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Pension Code, the School Code, the Illinois Insurance Code, the Health Maintenance Organization Act, the Voluntary Health Services Plans Act, the Illinois Public Aid Code, the Crime Victims Compensation Act, the Illinois Marriage and Dissolution of Marriage Act, the Emancipation of Minors Act, the Adoption Act, the Religious Freedom and Marriage Fairness Act, the Probate Act of 1975, and the Line of Duty Compensation Act. Replaces references to children born out of wedlock with references to nonmarital children and a reference to children born in wedlock with a reference to marital children. Prohibits the use of the word "nonmarital" in an adoption proceeding. Adds the word "marital" to a list of terms that refer to or denote the spousal relationship.


LRB099 04116 HEP 24135 b

PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0497LRB099 04116 HEP 24135 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 1-104.2 and 15-129 as follows:
 
6    (40 ILCS 5/1-104.2)  (from Ch. 108 1/2, par. 1-104.2)
7    Sec. 1-104.2. Beginning January 1, 1986, nonmarital
8children not conceived in lawful wedlock shall be entitled to
9the same benefits as other children, and no child's or
10survivor's benefit shall be disallowed because of the fact that
11the child is a nonmarital child was born out of wedlock;
12however, in cases where the father is the employee parent,
13paternity must first be established. Paternity may be
14established by any one of the following means: (1)
15acknowledgment by the father, or (2) adjudication before or
16after the death of the father, or (3) any other means
17acceptable to the board of trustees of the pension fund or
18retirement system.
19(Source: P.A. 94-229, eff. 1-1-06.)
 
20    (40 ILCS 5/15-129)  (from Ch. 108 1/2, par. 15-129)
21    Sec. 15-129. Child.
22    "Child": The child of a participant or an annuitant,

 

 

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1including a nonmarital child born out of wedlock, a stepchild
2who has been such for not less than 1 year immediately
3preceding the death of the participant or annuitant, and an
4adopted child.
5(Source: P.A. 94-229, eff. 1-1-06; 95-279, eff. 1-1-08.)
 
6    Section 10. The School Code is amended by changing Section
727-9.1 as follows:
 
8    (105 ILCS 5/27-9.1)  (from Ch. 122, par. 27-9.1)
9    Sec. 27-9.1. Sex Education.
10    (a) In this Section:
11    "Adapt" means to modify an evidence-based program model for
12use with a particular demographic, ethnic, linguistic, or
13cultural group.
14    "Age appropriate" means suitable to particular ages or age
15groups of children and adolescents, based on the developing
16cognitive, emotional, and behavioral capacity typical for the
17age or age group.
18    "Evidence-based program" means a program for which
19systematic, empirical research or evaluation has provided
20evidence of effectiveness.
21    "Medically accurate" means verified or supported by the
22weight of research conducted in compliance with accepted
23scientific methods and published in peer-reviewed journals, if
24applicable, or comprising information recognized as accurate,

 

 

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1objective, and complete.
2    (a-5) No pupil shall be required to take or participate in
3any class or course in comprehensive sex education if his
4parent or guardian submits written objection thereto, and
5refusal to take or participate in such course or program shall
6not be reason for suspension or expulsion of such pupil. Each
7class or course in comprehensive sex education offered in any
8of grades 6 through 12 shall include instruction on both
9abstinence and contraception for the prevention of pregnancy
10and sexually transmitted diseases, including HIV/AIDS. Nothing
11in this Section prohibits instruction in sanitation, hygiene or
12traditional courses in biology.
13    (b) All public school classes that teach sex education and
14discuss sexual intercourse in grades 6 through 12 shall
15emphasize that abstinence from sexual intercourse is a
16responsible and positive decision and is the only protection
17that is 100% effective against unwanted teenage pregnancy,
18sexually transmitted diseases, and acquired immune deficiency
19syndrome (AIDS) when transmitted sexually.
20    (c) All classes that teach sex education and discuss sexual
21intercourse in grades 6 through 12 shall satisfy the following
22criteria:
23        (1) Course material and instruction shall be
24    developmentally and age appropriate, medically accurate,
25    and complete.
26        (1.5) Course material and instruction shall replicate

 

 

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1    evidence-based programs or substantially incorporate
2    elements of evidence-based programs.
3        (2) Course material and instruction shall teach honor
4    and respect for monogamous heterosexual marriage.
5        (3) Course material and instruction shall place
6    substantial emphasis on both abstinence, including
7    abstinence until marriage, and contraception for the
8    prevention of pregnancy and sexually transmitted diseases
9    among youth and shall stress that abstinence is the ensured
10    method of avoiding unintended pregnancy, sexually
11    transmitted diseases, and HIV/AIDS.
12        (4) Course material and instruction shall include a
13    discussion of the possible emotional and psychological
14    consequences of preadolescent and adolescent sexual
15    intercourse and the consequences of unwanted adolescent
16    pregnancy.
17        (5) Course material and instruction shall stress that
18    sexually transmitted diseases are serious possible hazards
19    of sexual intercourse. Pupils shall be provided with
20    statistics based on the latest medical information citing
21    the failure and success rates of condoms in preventing AIDS
22    and other sexually transmitted diseases.
23        (6) Course material and instruction shall advise
24    pupils of the laws pertaining to their financial
25    responsibility to marital and nonmarital children born in
26    and out of wedlock.

 

 

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1        (7) Course material and instruction shall advise
2    pupils of the circumstances under which it is unlawful for
3    males to have sexual relations with females under the age
4    of 18 to whom they are not married pursuant to Article 11
5    of the Criminal Code of 2012.
6        (8) Course material and instruction shall teach pupils
7    to not make unwanted physical and verbal sexual advances
8    and how to say no to unwanted sexual advances. Pupils shall
9    be taught that it is wrong to take advantage of or to
10    exploit another person. The material and instruction shall
11    also encourage youth to resist negative peer pressure.
12        (9) (Blank).
13        (10) Course material and instruction shall teach
14    pupils about the dangers associated with drug and alcohol
15    consumption during pregnancy.
16    (d) An opportunity shall be afforded to individuals,
17including parents or guardians, to examine the instructional
18materials to be used in such class or course.
19    (e) The State Board of Education shall make available
20resource materials, with the cooperation and input of the
21agency that administers grant programs consistent with
22criteria (1) and (1.5) of subsection (c) of this Section, for
23educating children regarding sex education and may take into
24consideration the curriculum on this subject developed by other
25states, as well as any other curricular materials suggested by
26education experts and other groups that work on sex education

 

 

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1issues. Materials may include without limitation model sex
2education curriculums and sexual health education programs.
3The State Board of Education shall make these resource
4materials available on its Internet website. School districts
5that do not currently provide sex education are not required to
6teach sex education. If a sex education class or course is
7offered in any of grades 6 through 12, the school district may
8choose and adapt the developmentally and age-appropriate,
9medically accurate, evidence-based, and complete sex education
10curriculum that meets the specific needs of its community.
11(Source: P.A. 97-1150, eff. 1-25-13; 98-441, eff. 1-1-14.)
 
12    Section 15. The Illinois Insurance Code is amended by
13changing Section 356i as follows:
 
14    (215 ILCS 5/356i)  (from Ch. 73, par. 968i)
15    Sec. 356i. Medical assistance; coverage of child.
16    (a) In this Section, "Medicaid" means medical assistance
17authorized under Section 1902 of the Social Security Act.
18    (b) An individual or group policy of accident and health
19insurance that is delivered or issued for delivery to any
20person in this State or renewed or amended may not contain any
21provision which limits or excludes payments of hospital or
22medical benefits coverage to or on behalf of the insured
23because the insured or any covered dependent is eligible for or
24receiving Medicaid benefits in this or any other state.

 

 

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1    (c) To the extent that payment for covered expenses has
2been made under Article V, VI, or VII of the Illinois Public
3Aid Code for health care services provided to an individual, if
4a third party has a legal liability to make payments for those
5health care services, the State is considered to have acquired
6the rights of the individual to payment.
7    (d) If a child is covered under an accident and health
8insurance policy issued to the child's noncustodial parent, the
9issuer of the policy shall do all of the following:
10        (1) Provide necessary information to the child's
11    custodial parent to enable the child to obtain benefits
12    under that coverage.
13        (2) Permit the child's custodial parent (or the
14    provider, with the custodial parent's approval) to submit
15    claims for payment for covered services without the
16    approval of the noncustodial parent.
17        (3) Make payments on claims submitted in accordance
18    with paragraph (2) directly to the custodial parent, the
19    provider of health care services, or the state Medicaid
20    agency.
21    (e) An insurer may not deny enrollment of a child under the
22accident and health insurance coverage of the child's parent on
23any of the following grounds:
24        (1) The child is a nonmarital child was born out of
25    wedlock.
26        (2) The child is not claimed as a dependent on the

 

 

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1    parent's federal income tax return.
2        (3) The child does not reside with the parent or in the
3    insurer's service area.
4    (f) If a parent is required by a court or administrative
5order to provide accident and health insurance coverage for a
6child and the parent is insured under a plan that offers
7coverage for eligible dependents, the insurer, upon receiving a
8copy of the order, shall:
9        (1) Upon application, permit the parent to add to the
10    parent's coverage such a child who is otherwise eligible
11    for that coverage, without regard to any enrollment season
12    restrictions.
13        (2) Add the child to the parent's coverage upon
14    application of the child's other parent, the state agency
15    administering the Medicaid program, or the state agency
16    administering a program for enforcing child support and
17    establishing paternity under 42 U.S.C. 651 through 669 (or
18    another child support enforcement program), if the parent
19    is covered but fails to apply for coverage for the child.
20    (g) An insurer may not impose, on a state agency that has
21been assigned the rights of a covered individual who receives
22Medicaid benefits, requirements that are different from
23requirements applicable to an assignee of any other individual
24covered under the same insurance policy.
25    (h) Nothing in subsections (e) and (f) prevents an insurer
26from denying any such application if the child is not eligible

 

 

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1for coverage according to the insurer's medical underwriting
2standards.
3    (i) The insurer may not eliminate coverage of such a child
4unless the insurer is provided satisfactory written evidence of
5either of the following:
6        (1) The court or administrative order is no longer in
7    effect.
8        (2) The child is or will be covered under a comparable
9    health care plan obtained by the parent under such order
10    and that coverage is currently in effect or will take
11    effect not later than the date the prior coverage is
12    terminated.
13(Source: P.A. 89-183, eff. 1-1-96.)
 
14    Section 20. The Health Maintenance Organization Act is
15amended by changing Section 4-2 as follows:
 
16    (215 ILCS 125/4-2)  (from Ch. 111 1/2, par. 1408.2)
17    Sec. 4-2. Medical assistance; coverage of child.
18    (a) In this Section, "Medicaid" means medical assistance
19authorized under Section 1902 of the Social Security Act.
20    (b) A contract or evidence of coverage delivered, issued
21for delivery, renewed, or amended by a Health Maintenance
22Organization may not contain any provision which limits or
23excludes payments of health care services to or on behalf of
24the enrollee because the enrollee or any covered dependent is

 

 

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1eligible for or is receiving Medicaid benefits in this or any
2other state.
3    (c) To the extent that payment for covered expenses has
4been made under Article V, VI, or VII of the Illinois Public
5Aid Code for health care services provided to an individual, if
6a third party has a legal liability to make payments for those
7health care services, the State is considered to have acquired
8the rights of the individual to payment.
9    (d) If a child is covered under a health care plan of a
10Health Maintenance Organization in which the child's
11noncustodial parent is an enrollee, the Health Maintenance
12Organization shall:
13        (1) Provide necessary information to the child's
14    custodial parent to enable the child to obtain benefits
15    under that health care plan.
16        (2) Permit the child's custodial parent (or the
17    provider, with the custodial parent's approval) to submit
18    claims for payment for covered services without the
19    approval of the noncustodial parent.
20        (3) Make payments on claims submitted in accordance
21    with paragraph (2) directly to the custodial parent, the
22    provider of health care services, or the state Medicaid
23    agency.
24    (e) A Health Maintenance Organization may not deny
25enrollment of a child under the health care plan in which the
26child's parent is an enrollee on any of the following grounds:

 

 

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1        (1) The child is a nonmarital child was born out of
2    wedlock.
3        (2) The child is not claimed as a dependent on the
4    parent's federal income tax return.
5        (3) The child does not reside with the parent or in the
6    service area covered by the health care plan.
7    (f) If a parent is required by a court or administrative
8order to provide coverage for a child under a health care plan
9in which the parent is enrolled, and that offers coverage for
10eligible dependents, the Health Maintenance Organization, upon
11receiving a copy of the order, shall:
12        (1) Upon application, permit the parent to enroll in
13    the health care plan a child who is otherwise eligible for
14    that coverage, without regard to any enrollment season
15    restrictions that might otherwise be applicable as to the
16    time period within which a person may enroll in the plan.
17        (2) Enroll the child in the health care plan upon
18    application of the child's other parent, the state agency
19    administering the Medicaid program, or the state agency
20    administering a program for enforcing child support and
21    establishing paternity under 42 U.S.C. 651 through 669 (or
22    another child support enforcement program), if the parent
23    is enrolled in the health care plan but fails to apply for
24    enrollment of the child.
25    (g) A Health Maintenance Organization may not impose, on a
26state agency that has been assigned the rights of an enrollee

 

 

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1in a health care plan who receives Medicaid benefits,
2requirements that are different from requirements applicable
3to an assignee of any other enrollee in that health care plan.
4    (h) Nothing in subsections (e) and (f) prevents a Health
5Maintenance Organization from denying any such application if
6the child is not eligible for coverage according to the Health
7Maintenance Organization's medical underwriting standards.
8    (i) The Health Maintenance Organization may not disenroll
9(or otherwise eliminate coverage of) the child from the health
10care plan unless the Health Maintenance Organization is
11provided satisfactory written evidence of either of the
12following:
13        (1) The court or administrative order is no longer in
14    effect.
15        (2) The child is or will be enrolled in a comparable
16    health care plan obtained by the parent under such order
17    and that enrollment is currently in effect or will take
18    effect not later than the date the prior coverage is
19    terminated.
20(Source: P.A. 89-183, eff. 1-1-96.)
 
21    Section 25. The Voluntary Health Services Plans Act is
22amended by changing Section 15.12 as follows:
 
23    (215 ILCS 165/15.12)  (from Ch. 32, par. 609.12)
24    Sec. 15.12. Medical assistance; coverage of child.

 

 

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1    (a) In this Section, "Medicaid" means medical assistance
2authorized under Section 1902 of the Social Security Act.
3    (b) A contract delivered, issued for delivery, renewed, or
4amended by a health services plan corporation may not contain
5any provision which limits or excludes payments of hospital or
6medical benefits coverage to or on behalf of the subscriber
7because the subscriber or any covered dependent is eligible for
8or receiving Medicaid benefits in this or any other state.
9    (c) To the extent that payment for covered expenses has
10been made under Article V, VI, or VII of the Illinois Public
11Aid Code for health care services provided to an individual, if
12a third party has a legal liability to make payments for those
13health care services, the State is considered to have acquired
14the rights of the individual to payment.
15    (d) If a child is covered under a voluntary health services
16plan in which the child's noncustodial parent is a beneficiary,
17the health services plan corporation shall:
18        (1) Provide necessary information to the child's
19    custodial parent to enable the child to obtain benefits
20    under that voluntary health services plan.
21        (2) Permit the child's custodial parent (or the
22    provider, with the custodial parent's approval) to submit
23    claims for payment for covered services without the
24    approval of the noncustodial parent.
25        (3) Make payments on claims submitted in accordance
26    with paragraph (2) directly to the custodial parent, the

 

 

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1    provider of health care services, or the state Medicaid
2    agency.
3    (e) A health services plan corporation may not deny
4enrollment of a child under a voluntary health services plan in
5which the child's parent is a beneficiary on any of the
6following grounds:
7        (1) The child is a nonmarital child was born out of
8    wedlock.
9        (2) The child is not claimed as a dependent on the
10    parent's federal income tax return.
11        (3) The child does not reside with the parent or in the
12    area covered by the plan.
13    (f) If a parent is required by a court or administrative
14order to provide coverage for a child under a voluntary health
15services plan and has a plan which offers coverage for eligible
16dependents, the health services plan corporation, upon
17receiving a copy of the order, shall:
18        (1) Upon application, permit the parent to enroll, as a
19    subscriber to the plan, a child who is otherwise eligible
20    for that coverage, without regard to any enrollment season
21    restrictions that might otherwise be applicable as to the
22    time period within which a person may subscribe to the
23    plan.
24        (2) Enroll the child as a subscriber to the plan upon
25    application of the child's other parent, the state agency
26    administering the Medicaid program, or the state agency

 

 

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1    administering a program for enforcing child support and
2    establishing paternity under 42 U.S.C. 651 through 669 (or
3    another child support enforcement program), if the parent
4    is a beneficiary to the plan but fails to apply for
5    enrollment of the child.
6    (g) A health services plan corporation may not impose, on a
7state agency that has been assigned the rights of an individual
8who is a beneficiary to a voluntary health services plan who
9receives Medicaid benefits, requirements that are different
10from requirements applicable to an assignee of any other
11individual who is a beneficiary to that plan.
12    (h) Nothing in subsections (e) and (f) prevents a health
13services plan corporation from denying any such application if
14the child is not eligible for coverage according to the health
15services plan corporation's medical underwriting standards.
16    (i) The health services plan corporation may not disenroll
17(or otherwise eliminate coverage of) the child from the plan
18unless the corporation is provided satisfactory written
19evidence of either of the following:
20        (1) The court or administrative order is no longer in
21    effect.
22        (2) The child is or will be enrolled in a comparable
23    health care plan obtained by the parent under such order
24    and that enrollment is currently in effect or will take
25    effect not later than the date the prior coverage is
26    terminated.

 

 

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1(Source: P.A. 89-183, eff. 1-1-96.)
 
2    Section 30. The Illinois Public Aid Code is amended by
3changing Sections 10-2, 10-4, 10-6, and 11-9 as follows:
 
4    (305 ILCS 5/10-2)  (from Ch. 23, par. 10-2)
5    Sec. 10-2. Extent of Liability. A husband is liable for the
6support of his wife and a wife for the support of her husband.
7Unless the child is otherwise emancipated, the parents are
8severally liable for the support of any child under age 18, and
9for any child aged 18 who is attending high school, until that
10child graduates from high school, or attains the age of 19,
11whichever is earlier. The term "child" includes a nonmarital
12child born out of wedlock, or legally adopted child.
13    In addition to the primary obligation of support imposed
14upon responsible relatives, such relatives, if individually or
15together in any combination they have sufficient income or
16other resources to support a needy person, in whole or in part,
17shall be liable for any financial aid extended under this Code
18to a person for whose support they are responsible, including
19amounts expended for funeral and burial costs.
20(Source: P.A. 92-876, eff. 6-1-03.)
 
21    (305 ILCS 5/10-4)  (from Ch. 23, par. 10-4)
22    Sec. 10-4. Notification of Support Obligation. The
23administrative enforcement unit within the authorized area of

 

 

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1its operation shall notify each responsible relative of an
2applicant or recipient, or responsible relatives of other
3persons given access to the child support enforcement services
4of this Article, of his legal obligation to support and shall
5request such information concerning his financial status as may
6be necessary to determine whether he is financially able to
7provide such support, in whole or in part. In cases involving a
8nonmarital child born out of wedlock, the notification shall
9include a statement that the responsible relative has been
10named as the biological father of the child identified in the
11notification.
12    In the case of applicants, the notification shall be sent
13as soon as practical after the filing of the application. In
14the case of recipients, the notice shall be sent at such time
15as may be established by rule of the Illinois Department.
16    The notice shall be accompanied by the forms or
17questionnaires provided in Section 10-5. It shall inform the
18relative that he may be liable for reimbursement of any support
19furnished from public aid funds prior to determination of the
20relative's financial circumstances, as well as for future
21support. In the alternative, when support is sought on behalf
22of applicants for or recipients of financial aid under Article
23IV of this Code and other persons who are given access to the
24child support enforcement services of this Article as provided
25in Section 10-1, the notice shall inform the relative that the
26relative may be required to pay support for a period before the

 

 

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1date an administrative support order is entered, as well as
2future support.
3    Neither the mailing nor receipt of such notice shall be
4deemed a jurisdictional requirement for the subsequent
5exercise of the investigative procedures undertaken by an
6administrative enforcement unit or the entry of any order or
7determination of paternity or support or reimbursement by the
8administrative enforcement unit; except that notice shall be
9served by certified mail addressed to the responsible relative
10at his or her last known address, return receipt requested, or
11by a person who is licensed or registered as a private
12detective under the Private Detective, Private Alarm, Private
13Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a
14registered employee of a private detective agency certified
15under that Act, or in counties with a population of less than
162,000,000 by any method provided by law for service of summons,
17in cases where a determination of paternity or support by
18default is sought on behalf of applicants for or recipients of
19financial aid under Article IV of this Act and other persons
20who are given access to the child support enforcement services
21of this Article as provided in Section 10-1.
22(Source: P.A. 94-92, eff. 6-30-05; 95-613, eff. 9-11-07.)
 
23    (305 ILCS 5/10-6)  (from Ch. 23, par. 10-6)
24    Sec. 10-6. Investigation and Determination. The
25administrative enforcement unit shall review the forms or

 

 

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1questionnaires returned by each responsible relative and
2supplement the information provided therein, where required,
3by such additional consultations with the responsible relative
4and such other investigations as may be necessary, including
5genetic testing if paternity is an issue and, applying the
6standard or guidelines and regulations established by the
7Illinois Department, shall determine whether and the extent to
8which, the responsible relative individually or together in any
9combination, are reasonably able to provide support. If the
10child is a nonmarital child was born out of wedlock and the
11case is subject to the voluntary acknowledgment of paternity or
12the administrative determination of paternity under rules
13established under Section 10-17.7, the Child and Spouse Support
14Unit of the Illinois Department shall determine the child
15support obligation under subsection (b) of Section 10-7 upon
16establishing the child's paternity. If the child's paternity
17was established by judicial or administrative process in any
18other state, the Illinois Department may use administrative
19processes contained in this Article X to establish a child
20support order.
21    In aid of its investigative authority, the Child and Spouse
22Support Unit of the Illinois Department may use the subpoena
23power as set forth in this Article.
24    The Illinois Department, by rule, may authorize the
25administrative enforcement units to conduct periodic or other
26reinvestigations and redeterminations of the financial ability

 

 

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1of responsible relatives. Any redeterminations shall have the
2effect of altering, amending, or modifying previous
3determinations and administrative orders entered pursuant to
4Sections 10-7 and 10-11. However, any redetermination which
5establishes liability for support or reimbursement, or which
6modifies the support or reimbursement liability specified in a
7prior order, shall be subject to the provisions of Section
810-12 and the administrative and judicial review procedures
9herein provided for original orders.
10(Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
 
11    (305 ILCS 5/11-9)  (from Ch. 23, par. 11-9)
12    Sec. 11-9. Protection of records - Exceptions. For the
13protection of applicants and recipients, the Illinois
14Department, the county departments and local governmental
15units and their respective officers and employees are
16prohibited, except as hereinafter provided, from disclosing
17the contents of any records, files, papers and communications,
18except for purposes directly connected with the administration
19of public aid under this Code.
20    In any judicial proceeding, except a proceeding directly
21concerned with the administration of programs provided for in
22this Code, such records, files, papers and communications, and
23their contents shall be deemed privileged communications and
24shall be disclosed only upon the order of the court, where the
25court finds such to be necessary in the interest of justice.

 

 

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1    The Illinois Department shall establish and enforce
2reasonable rules and regulations governing the custody, use and
3preservation of the records, papers, files, and communications
4of the Illinois Department, the county departments and local
5governmental units receiving State or Federal funds or aid. The
6governing body of other local governmental units shall in like
7manner establish and enforce rules and regulations governing
8the same matters.
9    The contents of case files pertaining to recipients under
10Articles IV, V, and VI shall be made available without subpoena
11or formal notice to the officers of any court, to all law
12enforcing agencies, and to such other persons or agencies as
13from time to time may be authorized by any court. In
14particular, the contents of those case files shall be made
15available upon request to a law enforcement agency for the
16purpose of determining the current address of a recipient with
17respect to whom an arrest warrant is outstanding, and the
18current address of a recipient who was a victim of a felony or
19a witness to a felony shall be made available upon request to a
20State's Attorney of this State or a State's Attorney's
21investigator. Information shall also be disclosed to the
22Illinois State Scholarship Commission pursuant to an
23investigation or audit by the Illinois State Scholarship
24Commission of a delinquent student loan or monetary award.
25    This Section does not prevent the Illinois Department and
26local governmental units from reporting to appropriate law

 

 

HB0497- 22 -LRB099 04116 HEP 24135 b

1enforcement officials the desertion or abandonment by a parent
2of a child, as a result of which financial aid has been
3necessitated under Articles IV, V, or VI, or reporting to
4appropriate law enforcement officials instances in which a
5mother under age 18 has a nonmarital child out of wedlock and
6is an applicant for or recipient of aid under any Article of
7this Code. The Illinois Department may provide by rule for the
8county departments and local governmental units to initiate
9proceedings under the Juvenile Court Act of 1987 to have
10children declared to be neglected when they deem such action
11necessary to protect the children from immoral influences
12present in their home or surroundings.
13    This Section does not preclude the full exercise of the
14powers of the Board of Public Aid Commissioners to inspect
15records and documents, as provided for all advisory boards
16pursuant to Section 5-505 of the Departments of State
17Government Law (20 ILCS 5/5-505).
18    This Section does not preclude exchanges of information
19among the Department of Healthcare and Family Services
20(formerly Illinois Department of Public Aid), the Department of
21Human Services (as successor to the Department of Public Aid),
22and the Illinois Department of Revenue for the purpose of
23verifying sources and amounts of income and for other purposes
24directly connected with the administration of this Code and of
25the Illinois Income Tax Act.
26    The provisions of this Section and of Section 11-11 as they

 

 

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1apply to applicants and recipients of public aid under Article
2V shall be operative only to the extent that they do not
3conflict with any Federal law or regulation governing Federal
4grants to this State for such programs.
5    The Department of Healthcare and Family Services and the
6Department of Human Services (as successor to the Illinois
7Department of Public Aid) shall enter into an inter-agency
8agreement with the Department of Children and Family Services
9to establish a procedure by which employees of the Department
10of Children and Family Services may have immediate access to
11records, files, papers, and communications (except medical,
12alcohol or drug assessment or treatment, mental health, or any
13other medical records) of the Illinois Department, county
14departments, and local governmental units receiving State or
15federal funds or aid, if the Department of Children and Family
16Services determines the information is necessary to perform its
17duties under the Abused and Neglected Child Reporting Act, the
18Child Care Act of 1969, and the Children and Family Services
19Act.
20(Source: P.A. 95-331, eff. 8-21-07.)
 
21    Section 35. The Crime Victims Compensation Act is amended
22by changing Section 2 as follows:
 
23    (740 ILCS 45/2)  (from Ch. 70, par. 72)
24    Sec. 2. Definitions. As used in this Act, unless the

 

 

HB0497- 24 -LRB099 04116 HEP 24135 b

1context otherwise requires:
2    (a) "Applicant" means any person who applies for
3compensation under this Act or any person the Court of Claims
4finds is entitled to compensation, including the guardian of a
5minor or of a person under legal disability. It includes any
6person who was a dependent of a deceased victim of a crime of
7violence for his or her support at the time of the death of
8that victim.
9    (b) "Court of Claims" means the Court of Claims created by
10the Court of Claims Act.
11    (c) "Crime of violence" means and includes any offense
12defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
1310-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1411-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3,
1512-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3,
1612-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15,
1712-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05
18except for subdivision (a)(4) or (g)(1), or subdivision (a)(4)
19of Section 11-14.4, of the Criminal Code of 1961 or the
20Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery
21Protection Act, Section 125 of the Stalking No Contact Order
22Act, Section 219 of the Civil No Contact Order Act, driving
23under the influence as defined in Section 11-501 of the
24Illinois Vehicle Code, a violation of Section 11-401 of the
25Illinois Vehicle Code, provided the victim was a pedestrian or
26was operating a vehicle moved solely by human power or a

 

 

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1mobility device at the time of contact, and a violation of
2Section 11-204.1 of the Illinois Vehicle Code; so long as the
3offense did not occur during a civil riot, insurrection or
4rebellion. "Crime of violence" does not include any other
5offense or accident involving a motor vehicle except those
6vehicle offenses specifically provided for in this paragraph.
7"Crime of violence" does include all of the offenses
8specifically provided for in this paragraph that occur within
9this State but are subject to federal jurisdiction and crimes
10involving terrorism as defined in 18 U.S.C. 2331.
11    (d) "Victim" means (1) a person killed or injured in this
12State as a result of a crime of violence perpetrated or
13attempted against him or her, (2) the spouse or parent of a
14person killed or injured in this State as a result of a crime
15of violence perpetrated or attempted against the person, (3) a
16person killed or injured in this State while attempting to
17assist a person against whom a crime of violence is being
18perpetrated or attempted, if that attempt of assistance would
19be expected of a reasonable person under the circumstances, (4)
20a person killed or injured in this State while assisting a law
21enforcement official apprehend a person who has perpetrated a
22crime of violence or prevent the perpetration of any such crime
23if that assistance was in response to the express request of
24the law enforcement official, (5) a person who personally
25witnessed a violent crime, (5.1) solely for the purpose of
26compensating for pecuniary loss incurred for psychological

 

 

HB0497- 26 -LRB099 04116 HEP 24135 b

1treatment of a mental or emotional condition caused or
2aggravated by the crime, any other person under the age of 18
3who is the brother, sister, half brother, half sister, child,
4or stepchild of a person killed or injured in this State as a
5result of a crime of violence, (6) an Illinois resident who is
6a victim of a "crime of violence" as defined in this Act
7except, if the crime occurred outside this State, the resident
8has the same rights under this Act as if the crime had occurred
9in this State upon a showing that the state, territory,
10country, or political subdivision of a country in which the
11crime occurred does not have a compensation of victims of
12crimes law for which that Illinois resident is eligible, (7) a
13deceased person whose body is dismembered or whose remains are
14desecrated as the result of a crime of violence, or (8) solely
15for the purpose of compensating for pecuniary loss incurred for
16psychological treatment of a mental or emotional condition
17caused or aggravated by the crime, any parent, spouse, or child
18under the age of 18 of a deceased person whose body is
19dismembered or whose remains are desecrated as the result of a
20crime of violence.
21    (e) "Dependent" means a relative of a deceased victim who
22was wholly or partially dependent upon the victim's income at
23the time of his or her death and shall include the child of a
24victim born after his or her death.
25    (f) "Relative" means a spouse, parent, grandparent,
26stepfather, stepmother, child, grandchild, brother,

 

 

HB0497- 27 -LRB099 04116 HEP 24135 b

1brother-in-law, sister, sister-in-law, half brother, half
2sister, spouse's parent, nephew, niece, uncle or aunt.
3    (g) "Child" means an unmarried son or daughter who is under
418 years of age and includes a stepchild, an adopted child or a
5nonmarital child born out of wedlock.
6    (h) "Pecuniary loss" means, in the case of injury,
7appropriate medical expenses and hospital expenses including
8expenses of medical examinations, rehabilitation, medically
9required nursing care expenses, appropriate psychiatric care
10or psychiatric counseling expenses, expenses for care or
11counseling by a licensed clinical psychologist, licensed
12clinical social worker, licensed professional counselor, or
13licensed clinical professional counselor and expenses for
14treatment by Christian Science practitioners and nursing care
15appropriate thereto; transportation expenses to and from
16medical and counseling treatment facilities; prosthetic
17appliances, eyeglasses, and hearing aids necessary or damaged
18as a result of the crime; costs associated with trafficking
19tattoo removal by a person authorized or licensed to perform
20the specific removal procedure; replacement costs for clothing
21and bedding used as evidence; costs associated with temporary
22lodging or relocation necessary as a result of the crime,
23including, but not limited to, the first month's rent and
24security deposit of the dwelling that the claimant relocated to
25and other reasonable relocation expenses incurred as a result
26of the violent crime; locks or windows necessary or damaged as

 

 

HB0497- 28 -LRB099 04116 HEP 24135 b

1a result of the crime; the purchase, lease, or rental of
2equipment necessary to create usability of and accessibility to
3the victim's real and personal property, or the real and
4personal property which is used by the victim, necessary as a
5result of the crime; the costs of appropriate crime scene
6clean-up; replacement services loss, to a maximum of $1,250 per
7month; dependents replacement services loss, to a maximum of
8$1,250 per month; loss of tuition paid to attend grammar school
9or high school when the victim had been enrolled as a student
10prior to the injury, or college or graduate school when the
11victim had been enrolled as a day or night student prior to the
12injury when the victim becomes unable to continue attendance at
13school as a result of the crime of violence perpetrated against
14him or her; loss of earnings, loss of future earnings because
15of disability resulting from the injury, and, in addition, in
16the case of death, expenses for funeral, burial, and travel and
17transport for survivors of homicide victims to secure bodies of
18deceased victims and to transport bodies for burial all of
19which may not exceed a maximum of $7,500 and loss of support of
20the dependents of the victim; in the case of dismemberment or
21desecration of a body, expenses for funeral and burial, all of
22which may not exceed a maximum of $7,500. Loss of future
23earnings shall be reduced by any income from substitute work
24actually performed by the victim or by income he or she would
25have earned in available appropriate substitute work he or she
26was capable of performing but unreasonably failed to undertake.

 

 

HB0497- 29 -LRB099 04116 HEP 24135 b

1Loss of earnings, loss of future earnings and loss of support
2shall be determined on the basis of the victim's average net
3monthly earnings for the 6 months immediately preceding the
4date of the injury or on $1,250 per month, whichever is less
5or, in cases where the absences commenced more than 3 years
6from the date of the crime, on the basis of the net monthly
7earnings for the 6 months immediately preceding the date of the
8first absence, not to exceed $1,250 per month. If a divorced or
9legally separated applicant is claiming loss of support for a
10minor child of the deceased, the amount of support for each
11child shall be based either on the amount of support pursuant
12to the judgment prior to the date of the deceased victim's
13injury or death, or, if the subject of pending litigation filed
14by or on behalf of the divorced or legally separated applicant
15prior to the injury or death, on the result of that litigation.
16Real and personal property includes, but is not limited to,
17vehicles, houses, apartments, town houses, or condominiums.
18Pecuniary loss does not include pain and suffering or property
19loss or damage.
20    (i) "Replacement services loss" means expenses reasonably
21incurred in obtaining ordinary and necessary services in lieu
22of those the injured person would have performed, not for
23income, but for the benefit of himself or herself or his or her
24family, if he or she had not been injured.
25    (j) "Dependents replacement services loss" means loss
26reasonably incurred by dependents or private legal guardians of

 

 

HB0497- 30 -LRB099 04116 HEP 24135 b

1minor dependents after a victim's death in obtaining ordinary
2and necessary services in lieu of those the victim would have
3performed, not for income, but for their benefit, if he or she
4had not been fatally injured.
5    (k) "Survivor" means immediate family including a parent,
6step-father, step-mother, child, brother, sister, or spouse.
7    (l) "Parent" means a natural parent, adopted parent,
8step-parent, or permanent legal guardian of another person.
9    (m) "Trafficking tattoo" is a tattoo which is applied to a
10victim in connection with the commission of a violation of
11Section 10-9 of the Criminal Code of 2012.
12(Source: P.A. 97-817, eff. 1-1-13; 97-1109, eff. 1-1-13;
1397-1150, eff. 1-25-13; 98-435, eff. 1-1-14.)
 
14    Section 40. The Illinois Marriage and Dissolution of
15Marriage Act is amended by changing Sections 205 and 607 as
16follows:
 
17    (750 ILCS 5/205)  (from Ch. 40, par. 205)
18    Sec. 205. Exceptions.
19    (1) Irrespective of the results of laboratory tests and
20clinical examination relative to sexually transmitted
21diseases, the clerks of the respective counties shall issue a
22marriage license to parties to a proposed marriage (a) when a
23woman is pregnant at the time of such application, or (b) when
24a woman has, prior to the time of application, given birth to a

 

 

HB0497- 31 -LRB099 04116 HEP 24135 b

1nonmarital child born out of wedlock which is living at the
2time of such application and the man making such application
3makes affidavit that he is the father of the nonmarital such
4child born out of wedlock. The county clerk shall, in lieu of
5the health certificate required hereunder, accept, as the case
6may be, either an affidavit on a form prescribed by the State
7Department of Public Health, signed by a physician duly
8licensed in this State, stating that the woman is pregnant, or
9a copy of the birth record of the nonmarital child born out of
10wedlock, if one is available in this State, or if such birth
11record is not available, an affidavit signed by the woman that
12she is the mother of such child.
13    (2) Any judge of the circuit court within the county in
14which the license is to be issued is authorized and empowered
15on joint application by both applicants for a marriage license
16to waive the requirements as to medical examination, laboratory
17tests, and certificates, except the requirements of paragraph
18(4) of subsection (a) of Section 212 of this Act which shall
19not be waived; and to authorize the county clerk to issue the
20license if all other requirements of law have been complied
21with and the judge is satisfied, by affidavit, or other proof,
22that the examination or tests are contrary to the tenets or
23practices of the religious creed of which the applicant is an
24adherent, and that the public health and welfare will not be
25injuriously affected thereby.
26(Source: P.A. 94-229, eff. 1-1-06.)
 

 

 

HB0497- 32 -LRB099 04116 HEP 24135 b

1    (750 ILCS 5/607)  (from Ch. 40, par. 607)
2    Sec. 607. Visitation.
3    (a) A parent not granted custody of the child is entitled
4to reasonable visitation rights unless the court finds, after a
5hearing, that visitation would endanger seriously the child's
6physical, mental, moral or emotional health. If the custodian's
7street address is not identified, pursuant to Section 708, the
8court shall require the parties to identify reasonable
9alternative arrangements for visitation by a non-custodial
10parent, including but not limited to visitation of the minor
11child at the residence of another person or at a local public
12or private facility.
13        (1) "Visitation" means in-person time spent between a
14    child and the child's parent. In appropriate
15    circumstances, it may include electronic communication
16    under conditions and at times determined by the court.
17        (2) "Electronic communication" means time that a
18    parent spends with his or her child during which the child
19    is not in the parent's actual physical custody, but which
20    is facilitated by the use of communication tools such as
21    the telephone, electronic mail, instant messaging, video
22    conferencing or other wired or wireless technologies via
23    the Internet, or another medium of communication.
24    (a-3) Grandparents, great-grandparents, and siblings of a
25minor child, who is one year old or older, have standing to

 

 

HB0497- 33 -LRB099 04116 HEP 24135 b

1bring an action in circuit court by petition, requesting
2visitation in accordance with this Section. The term "sibling"
3in this Section means a brother, sister, stepbrother, or
4stepsister of the minor child. Grandparents,
5great-grandparents, and siblings also have standing to file a
6petition for visitation and any electronic communication
7rights in a pending dissolution proceeding or any other
8proceeding that involves custody or visitation issues,
9requesting visitation in accordance with this Section. A
10petition for visitation with a child by a person other than a
11parent must be filed in the county in which the child resides.
12Nothing in this subsection (a-3) and subsection (a-5) of this
13Section shall apply to a child in whose interests a petition is
14pending under Section 2-13 of the Juvenile Court Act of 1987 or
15a petition to adopt an unrelated child is pending under the
16Adoption Act.
17    (a-5)(1) Except as otherwise provided in this subsection
18(a-5), any grandparent, great-grandparent, or sibling may file
19a petition for visitation rights to a minor child if there is
20an unreasonable denial of visitation by a parent and at least
21one of the following conditions exists:
22        (A) (Blank);
23        (A-5) the child's other parent is deceased or has been
24    missing for at least 3 months. For the purposes of this
25    Section a parent is considered to be missing if the
26    parent's location has not been determined and the parent

 

 

HB0497- 34 -LRB099 04116 HEP 24135 b

1    has been reported as missing to a law enforcement agency;
2        (A-10) a parent of the child is incompetent as a matter
3    of law;
4        (A-15) a parent has been incarcerated in jail or prison
5    during the 3 month period preceding the filing of the
6    petition;
7        (B) the child's mother and father are divorced or have
8    been legally separated from each other or there is pending
9    a dissolution proceeding involving a parent of the child or
10    another court proceeding involving custody or visitation
11    of the child (other than any adoption proceeding of an
12    unrelated child) and at least one parent does not object to
13    the grandparent, great-grandparent, or sibling having
14    visitation with the child. The visitation of the
15    grandparent, great-grandparent, or sibling must not
16    diminish the visitation of the parent who is not related to
17    the grandparent, great-grandparent, or sibling seeking
18    visitation;
19        (C) (Blank);
20        (D) the child is a nonmarital child born out of
21    wedlock, the parents are not living together, and the
22    petitioner is a maternal grandparent, great-grandparent,
23    or sibling of the nonmarital child born out of wedlock; or
24        (E) the child is a nonmarital child born out of
25    wedlock, the parents are not living together, the
26    petitioner is a paternal grandparent, great-grandparent,

 

 

HB0497- 35 -LRB099 04116 HEP 24135 b

1    or sibling, and the paternity has been established by a
2    court of competent jurisdiction.
3    (2) Any visitation rights granted pursuant to this Section
4before the filing of a petition for adoption of a child shall
5automatically terminate by operation of law upon the entry of
6an order terminating parental rights or granting the adoption
7of the child, whichever is earlier. If the person or persons
8who adopted the child are related to the child, as defined by
9Section 1 of the Adoption Act, any person who was related to
10the child as grandparent, great-grandparent, or sibling prior
11to the adoption shall have standing to bring an action pursuant
12to this Section requesting visitation with the child.
13    (3) In making a determination under this subsection (a-5),
14there is a rebuttable presumption that a fit parent's actions
15and decisions regarding grandparent, great-grandparent, or
16sibling visitation are not harmful to the child's mental,
17physical, or emotional health. The burden is on the party
18filing a petition under this Section to prove that the parent's
19actions and decisions regarding visitation times are harmful to
20the child's mental, physical, or emotional health.
21    (4) In determining whether to grant visitation, the court
22shall consider the following:
23        (A) the preference of the child if the child is
24    determined to be of sufficient maturity to express a
25    preference;
26        (B) the mental and physical health of the child;

 

 

HB0497- 36 -LRB099 04116 HEP 24135 b

1        (C) the mental and physical health of the grandparent,
2    great-grandparent, or sibling;
3        (D) the length and quality of the prior relationship
4    between the child and the grandparent, great-grandparent,
5    or sibling;
6        (E) the good faith of the party in filing the petition;
7        (F) the good faith of the person denying visitation;
8        (G) the quantity of the visitation time requested and
9    the potential adverse impact that visitation would have on
10    the child's customary activities;
11        (H) whether the child resided with the petitioner for
12    at least 6 consecutive months with or without the current
13    custodian present;
14        (I) whether the petitioner had frequent or regular
15    contact or visitation with the child for at least 12
16    consecutive months;
17        (J) any other fact that establishes that the loss of
18    the relationship between the petitioner and the child is
19    likely to harm the child's mental, physical, or emotional
20    health; and
21        (K) whether the grandparent, great-grandparent, or
22    sibling was a primary caretaker of the child for a period
23    of not less than 6 consecutive months.
24    (5) The court may order visitation rights for the
25grandparent, great-grandparent, or sibling that include
26reasonable access without requiring overnight or possessory

 

 

HB0497- 37 -LRB099 04116 HEP 24135 b

1visitation.
2    (a-7)(1) Unless by stipulation of the parties, no motion to
3modify a grandparent, great-grandparent, or sibling visitation
4order may be made earlier than 2 years after the date the order
5was filed, unless the court permits it to be made on the basis
6of affidavits that there is reason to believe the child's
7present environment may endanger seriously the child's mental,
8physical, or emotional health.
9    (2) The court shall not modify an order that grants
10visitation to a grandparent, great-grandparent, or sibling
11unless it finds by clear and convincing evidence, upon the
12basis of facts that have arisen since the prior visitation
13order or that were unknown to the court at the time of entry of
14the prior visitation, that a change has occurred in the
15circumstances of the child or his or her custodian, and that
16the modification is necessary to protect the mental, physical,
17or emotional health of the child. The court shall state in its
18decision specific findings of fact in support of its
19modification or termination of the grandparent,
20great-grandparent, or sibling visitation. A child's parent may
21always petition to modify visitation upon changed
22circumstances when necessary to promote the child's best
23interest.
24    (3) Attorney fees and costs shall be assessed against a
25party seeking modification of the visitation order if the court
26finds that the modification action is vexatious and constitutes

 

 

HB0497- 38 -LRB099 04116 HEP 24135 b

1harassment.
2    (4) Notice under this subsection (a-7) shall be given as
3provided in subsections (c) and (d) of Section 601.
4    (b) (1) (Blank.)
5    (1.5) The Court may grant reasonable visitation privileges
6to a stepparent upon petition to the court by the stepparent,
7with notice to the parties required to be notified under
8Section 601 of this Act, if the court determines that it is in
9the best interests and welfare of the child, and may issue any
10necessary orders to enforce those visitation privileges. A
11petition for visitation privileges may be filed under this
12paragraph (1.5) whether or not a petition pursuant to this Act
13has been previously filed or is currently pending if the
14following circumstances are met:
15        (A) the child is at least 12 years old;
16        (B) the child resided continuously with the parent and
17    stepparent for at least 5 years;
18        (C) the parent is deceased or is disabled and is unable
19    to care for the child;
20        (D) the child wishes to have reasonable visitation with
21    the stepparent; and
22        (E) the stepparent was providing for the care, control,
23    and welfare to the child prior to the initiation of the
24    petition for visitation.
25    (2)(A) A petition for visitation privileges shall not be
26filed pursuant to this subsection (b) by the parents or

 

 

HB0497- 39 -LRB099 04116 HEP 24135 b

1grandparents of a putative father if the paternity of the
2putative father has not been legally established.
3    (B) A petition for visitation privileges may not be filed
4under this subsection (b) if the child who is the subject of
5the grandparents' or great-grandparents' petition has been
6voluntarily surrendered by the parent or parents, except for a
7surrender to the Illinois Department of Children and Family
8Services or a foster care facility, or has been previously
9adopted by an individual or individuals who are not related to
10the biological parents of the child or is the subject of a
11pending adoption petition by an individual or individuals who
12are not related to the biological parents of the child.
13    (3) (Blank).
14    (c) The court may modify an order granting or denying
15visitation rights of a parent whenever modification would serve
16the best interest of the child; but the court shall not
17restrict a parent's visitation rights unless it finds that the
18visitation would endanger seriously the child's physical,
19mental, moral or emotional health.
20    (d) If any court has entered an order prohibiting a
21non-custodial parent of a child from any contact with a child
22or restricting the non-custodial parent's contact with the
23child, the following provisions shall apply:
24        (1) If an order has been entered granting visitation
25    privileges with the child to a grandparent or
26    great-grandparent who is related to the child through the

 

 

HB0497- 40 -LRB099 04116 HEP 24135 b

1    non-custodial parent, the visitation privileges of the
2    grandparent or great-grandparent may be revoked if:
3            (i) a court has entered an order prohibiting the
4        non-custodial parent from any contact with the child,
5        and the grandparent or great-grandparent is found to
6        have used his or her visitation privileges to
7        facilitate contact between the child and the
8        non-custodial parent; or
9            (ii) a court has entered an order restricting the
10        non-custodial parent's contact with the child, and the
11        grandparent or great-grandparent is found to have used
12        his or her visitation privileges to facilitate contact
13        between the child and the non-custodial parent in a
14        manner that violates the terms of the order restricting
15        the non-custodial parent's contact with the child.
16        Nothing in this subdivision (1) limits the authority of
17    the court to enforce its orders in any manner permitted by
18    law.
19        (2) Any order granting visitation privileges with the
20    child to a grandparent or great-grandparent who is related
21    to the child through the non-custodial parent shall contain
22    the following provision:
23        "If the (grandparent or great-grandparent, whichever
24    is applicable) who has been granted visitation privileges
25    under this order uses the visitation privileges to
26    facilitate contact between the child and the child's

 

 

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1    non-custodial parent, the visitation privileges granted
2    under this order shall be permanently revoked."
3    (e) No parent, not granted custody of the child, or
4grandparent, or great-grandparent, or stepparent, or sibling
5of any minor child, convicted of any offense involving an
6illegal sex act perpetrated upon a victim less than 18 years of
7age including but not limited to offenses for violations of
8Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,
9or Article 12 of the Criminal Code of 1961 or the Criminal Code
10of 2012, is entitled to visitation rights while incarcerated or
11while on parole, probation, conditional discharge, periodic
12imprisonment, or mandatory supervised release for that
13offense, and upon discharge from incarceration for a
14misdemeanor offense or upon discharge from parole, probation,
15conditional discharge, periodic imprisonment, or mandatory
16supervised release for a felony offense, visitation shall be
17denied until the person successfully completes a treatment
18program approved by the court.
19    (f) Unless the court determines, after considering all
20relevant factors, including but not limited to those set forth
21in Section 602(a), that it would be in the best interests of
22the child to allow visitation, the court shall not enter an
23order providing visitation rights and pursuant to a motion to
24modify visitation shall revoke visitation rights previously
25granted to any person who would otherwise be entitled to
26petition for visitation rights under this Section who has been

 

 

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1convicted of first degree murder of the parent, grandparent,
2great-grandparent, or sibling of the child who is the subject
3of the order. Until an order is entered pursuant to this
4subsection, no person shall visit, with the child present, a
5person who has been convicted of first degree murder of the
6parent, grandparent, great-grandparent, or sibling of the
7child without the consent of the child's parent, other than a
8parent convicted of first degree murder as set forth herein, or
9legal guardian.
10    (g) (Blank).
11    (h) Upon motion, the court may allow a parent who is
12deployed or who has orders to be deployed as a member of the
13United States Armed Forces to designate a person known to the
14child to exercise reasonable substitute visitation on behalf of
15the deployed parent, if the court determines that substitute
16visitation is in the best interest of the child. In determining
17whether substitute visitation is in the best interest of the
18child, the court shall consider all of the relevant factors
19listed in subsection (a) of Section 602 and apply those factors
20to the person designated as a substitute for the deployed
21parent for visitation purposes.
22(Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12;
2397-1150, eff. 1-25-13.)
 
24    Section 45. The Emancipation of Minors Act is amended by
25changing Section 3-3 as follows:
 

 

 

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1    (750 ILCS 30/3-3)  (from Ch. 40, par. 2203-3)
2    Sec. 3-3. Parents. "Parent" means the father or mother of a
3lawful child of the parties or a nonmarital child born out of
4wedlock, and includes any adoptive parent. It does not include
5a parent whose rights in respect to the minor have been
6terminated in any manner provided by law.
7(Source: P.A. 94-229, eff. 1-1-06.)
 
8    Section 50. The Adoption Act is amended by changing
9Sections 12.1 and 18 as follows:
 
10    (750 ILCS 50/12.1)
11    Sec. 12.1. Putative Father Registry. The Department of
12Children and Family Services shall establish a Putative Father
13Registry for the purpose of determining the identity and
14location of a putative father of a minor child who is, or is
15expected to be, the subject of an adoption proceeding, in order
16to provide notice of such proceeding to the putative father.
17The Department of Children and Family Services shall establish
18rules and informational material necessary to implement the
19provisions of this Section. The Department shall have the
20authority to set reasonable fees for the use of the Registry.
21All such fees for the use of the Registry that are received by
22the Department or its agent shall be deposited into the fund
23authorized under subsection (b) of Section 25 of the Children

 

 

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1and Family Services Act. The Department shall use the moneys in
2that fund for the purpose of maintaining the Registry.
3    (a) The Department shall maintain the following
4information in the Registry:
5        (1) With respect to the putative father:
6            (i) Name, including any other names by which the
7        putative father may be known and that he may provide to
8        the Registry;
9            (ii) Address at which he may be served with notice
10        of a petition under this Act, including any change of
11        address;
12            (iii) Social Security Number;
13            (iv) Date of birth; and
14            (v) If applicable, a certified copy of an order by
15        a court of this State or of another state or territory
16        of the United States adjudicating the putative father
17        to be the father of the child.
18        (2) With respect to the mother of the child:
19            (i) Name, including all other names known to the
20        putative father by which the mother may be known;
21            (ii) If known to the putative father, her last
22        address;
23            (iii) Social Security Number; and
24            (iv) Date of birth.
25        (3) If known to the putative father, the name, gender,
26    place of birth, and date of birth or anticipated date of

 

 

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1    birth of the child.
2        (4) The date that the Department received the putative
3    father's registration.
4        (5) Other information as the Department may by rule
5    determine necessary for the orderly administration of the
6    Registry.
7    (b) A putative father may register with the Department
8before the birth of the child but shall register no later than
930 days after the birth of the child. All registrations shall
10be in writing and signed by the putative father. No fee shall
11be charged for the initial registration. The Department shall
12have no independent obligation to gather the information to be
13maintained.
14    (c) An interested party, including persons intending to
15adopt a child, a child welfare agency with whom the mother has
16placed or has given written notice of her intention to place a
17child for adoption, the mother of the child, or an attorney
18representing an interested party may request that the
19Department search the Registry to determine whether a putative
20father is registered in relation to a child who is or may be
21the subject to an adoption petition.
22    (d) A search of the Registry may be proven by the
23production of a certified copy of the registration form, or by
24the certified statement of the administrator of the Registry
25that after a search, no registration of a putative father in
26relation to a child who is or may be the subject of an adoption

 

 

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1petition could be located.
2    (e) Except as otherwise provided, information contained
3within the Registry is confidential and shall not be published
4or open to public inspection.
5    (f) A person who knowingly or intentionally registers false
6information under this Section commits a Class B misdemeanor. A
7person who knowingly or intentionally releases confidential
8information in violation of this Section commits a Class B
9misdemeanor.
10    (g) Except as provided in subsections (b) or (c) of Section
118 of this Act, a putative father who fails to register with the
12Putative Father Registry as provided in this Section is barred
13from thereafter bringing or maintaining any action to assert
14any interest in the child, unless he proves by clear and
15convincing evidence that:
16        (1) it was not possible for him to register within the
17    period of time specified in subsection (b) of this Section;
18    and
19        (2) his failure to register was through no fault of his
20    own; and
21        (3) he registered within 10 days after it became
22    possible for him to file.
23    A lack of knowledge of the pregnancy or birth is not an
24acceptable reason for failure to register.
25    (h) Except as provided in subsection (b) or (c) of Section
268 of this Act, failure to timely register with the Putative

 

 

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1Father Registry (i) shall be deemed to be a waiver and
2surrender of any right to notice of any hearing in any judicial
3proceeding for the adoption of the child, and the consent or
4surrender of that person to the adoption of the child is not
5required, and (ii) shall constitute an abandonment of the child
6and shall be prima facie evidence of sufficient grounds to
7support termination of such father's parental rights under this
8Act.
9    (i) In any adoption proceeding pertaining to a nonmarital
10child born out of wedlock, if there is no showing that a
11putative father has executed a consent or surrender or waived
12his rights regarding the proposed adoption, certification as
13specified in subsection (d) shall be filed with the court prior
14to entry of a final judgment order of adoption.
15    (j) The Registry shall not be used to notify a putative
16father who is the father of a child as a result of criminal
17sexual abuse or assault as defined under Article 11 of the
18Criminal Code of 2012.
19(Source: P.A. 97-1150, eff. 1-25-13.)
 
20    (750 ILCS 50/18)  (from Ch. 40, par. 1522)
21    Sec. 18. Records confidential.
22    (a) The word "illegitimate", the words "born out of
23wedlock", the word "nonmarital", and words of similar import
24shall not be used in any adoption proceeding in any respect.
25    (b) The court call of adoption proceedings shall not

 

 

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1identify any of the parties by name. The parties may be
2identified by initials or pseudonyms. The case shall be
3identified by its general number. The names of the lawyers
4representing the parties may appear on the court call, and the
5type of application that is being made to the court may also be
6identified.
7    (c) All adoption records maintained by each circuit clerk
8shall be impounded in accordance with the procedures provided
9by the Illinois Supreme Court's General Administrative Order on
10Recordkeeping and shall be opened for examination only upon
11specific order of the court, which order shall name the person
12or persons who are to be permitted to examine the file.
13Certified copies of all papers and documents contained in any
14file so impounded shall be made only on like order. The
15guardian ad litem for a minor sought to be adopted shall have
16the right to inspect the court file without leave of court
17during the pendency of the proceeding. The attorney of record
18for the petitioners and other parties may inspect the file only
19with leave of court. The petitioners to the adoption, the
20attorney of record for the petitioners, and the guardian ad
21litem of the person who is the subject of the proceeding shall
22be entitled to receive certified copies of the order of
23adoption in the proceeding at any time within 30 days after the
24entry of the judgment of adoption without order of court. After
2530 days from the entry of the judgment of adoption, no copies
26may be obtained without prior order of court, but good cause is

 

 

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1not necessary to be shown by one of the petitioners to the
2adoption.
3    (d) If an appeal is taken from an adoption proceeding, the
4papers filed in the court of review and the opinion of the
5reviewing court shall not identify the true names of the
6parties; instead, initials or pseudonyms shall be used to
7identify the parties.
8(Source: P.A. 86-493; 87-620.)
 
9    Section 55. The Religious Freedom and Marriage Fairness Act
10is amended by changing Section 10 as follows:
 
11    (750 ILCS 80/10)
12    Sec. 10. Equal access to marriage.
13    (a) All laws of this State applicable to marriage, whether
14they derive from statute, administrative or court rule, policy,
15common law, or any other source of civil or criminal law, shall
16apply equally to marriages of same-sex and different-sex
17couples and their children.
18     (b) Parties to a marriage and their children, regardless
19of whether the marriage consists of a same-sex or different-sex
20couple, shall have all the same benefits, protections, and
21responsibilities under law, whether they derive from statute,
22administrative or court rule, policy, common law, or any other
23source of civil or criminal law.
24    (c) Parties to a marriage shall be included in any

 

 

HB0497- 50 -LRB099 04116 HEP 24135 b

1definition or use of terms such as "spouse", "family",
2"immediate family", "dependent", "next of kin", "wife",
3"husband", "bride", "groom", "wedlock", "marital", and other
4terms that refer to or denote the spousal relationship, as
5those terms are used throughout the law, regardless of whether
6the parties to a marriage are of the same sex or different
7sexes.
8    (d) To the extent the law of this State adopts, refers to,
9or relies upon provisions of federal law as applicable to this
10State, parties to a marriage of the same sex and their children
11shall be treated under the law of this State as if federal law
12recognizes the marriages of same-sex couples in the same manner
13as the law of this State.
14(Source: P.A. 98-597, eff. 6-1-14.)
 
15    Section 60. The Probate Act of 1975 is amended by changing
16Sections 2-2 and 5-3 as follows:
 
17    (755 ILCS 5/2-2)  (from Ch. 110 1/2, par. 2-2)
18    Sec. 2-2. Nonmarital children Children born out of wedlock.
19The intestate real and personal estate of a resident decedent
20who was a nonmarital child born out of wedlock at the time of
21death and the intestate real estate in this State of a
22nonresident decedent who was a nonmarital child born out of
23wedlock at the time of death, after all just claims against his
24estate are fully paid, descends and shall be distributed as

 

 

HB0497- 51 -LRB099 04116 HEP 24135 b

1provided in Section 2-1, subject to Section 2-6.5 of this Act,
2if both parents are eligible parents. As used in this Section,
3"eligible parent" means a parent of the decedent who, during
4the decedent's lifetime, acknowledged the decedent as the
5parent's child, established a parental relationship with the
6decedent, and supported the decedent as the parent's child.
7"Eligible parents" who are in arrears of in excess of one
8year's child support obligations shall not receive any property
9benefit or other interest of the decedent unless and until a
10court of competent jurisdiction makes a determination as to the
11effect on the deceased of the arrearage and allows a reduced
12benefit. In no event shall the reduction of the benefit or
13other interest be less than the amount of child support owed
14for the support of the decedent at the time of death. The
15court's considerations shall include but are not limited to the
16considerations in subsections (1) through (3) of Section 2-6.5
17of this Act.
18    If neither parent is an eligible parent, the intestate real
19and personal estate of a resident decedent who was a nonmarital
20child born out of wedlock at the time of death and the
21intestate real estate in this State of a nonresident decedent
22who was a nonmarital child born out of wedlock at the time of
23death, after all just claims against his or her estate are
24fully paid, descends and shall be distributed as provided in
25Section 2-1, but the parents of the decedent shall be treated
26as having predeceased the decedent.

 

 

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1    If only one parent is an eligible parent, the intestate
2real and personal estate of a resident decedent who was a
3nonmarital child born out of wedlock at the time of death and
4the intestate real estate in this State of a nonresident
5decedent who was a nonmarital child born out of wedlock at the
6time of death, after all just claims against his or her estate
7are fully paid, subject to Section 2-6.5 of this Act, descends
8and shall be distributed as follows:
9    (a) If there is a surviving spouse and also a descendant of
10the decedent: 1/2 of the entire estate to the surviving spouse
11and 1/2 to the decedent's descendants per stirpes.
12    (b) If there is no surviving spouse but a descendant of the
13decedent: the entire estate to the decedent's descendants per
14stirpes.
15    (c) If there is a surviving spouse but no descendant of the
16decedent: the entire estate to the surviving spouse.
17    (d) If there is no surviving spouse or descendant but the
18eligible parent or a descendant of the eligible parent of the
19decedent: the entire estate to the eligible parent and the
20eligible parent's descendants, allowing 1/2 to the eligible
21parent and 1/2 to the eligible parent's descendants per
22stirpes.
23    (e) If there is no surviving spouse, descendant, eligible
24parent, or descendant of the eligible parent of the decedent,
25but a grandparent on the eligible parent's side of the family
26or descendant of such grandparent of the decedent: the entire

 

 

HB0497- 53 -LRB099 04116 HEP 24135 b

1estate to the decedent's grandparents on the eligible parent's
2side of the family in equal parts, or to the survivor of them,
3or if there is none surviving, to their descendants per
4stirpes.
5    (f) If there is no surviving spouse, descendant, eligible
6parent, descendant of the eligible parent, grandparent on the
7eligible parent's side of the family, or descendant of such
8grandparent of the decedent: the entire estate to the
9decedent's great-grandparents on the eligible parent's side of
10the family in equal parts or to the survivor of them, or if
11there is none surviving, to their descendants per stirpes.
12    (g) If there is no surviving spouse, descendant, eligible
13parent, descendant of the eligible parent, grandparent on the
14eligible parent's side of the family, descendant of such
15grandparent, great-grandparent on the eligible parent's side
16of the family, or descendant of such great-grandparent of the
17decedent: the entire estate in equal parts to the nearest
18kindred of the eligible parent of the decedent in equal degree
19(computing by the rules of the civil law) and without
20representation.
21    (h) If there is no surviving spouse, descendant, or
22eligible parent of the decedent and no known kindred of the
23eligible parent of the decedent: the real estate escheats to
24the county in which it is located; the personal estate
25physically located within this State and the personal estate
26physically located or held outside this State which is the

 

 

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1subject of ancillary administration within this State escheats
2to the county of which the decedent was a resident or, if the
3decedent was not a resident of this State, to the county in
4which it is located; all other personal property of the
5decedent of every class and character, wherever situate, or the
6proceeds thereof, shall escheat to this State and be delivered
7to the State Treasurer of this State pursuant to the Uniform
8Disposition of Unclaimed Property Act.
9    For purposes of inheritance, the changes made by this
10amendatory Act of 1998 apply to all decedents who die on or
11after the effective date of this amendatory Act of 1998. For
12the purpose of determining the property rights of any person
13under any instrument, the changes made by this amendatory Act
14of 1998 apply to all instruments executed on or after the
15effective date of this amendatory Act of 1998.
16    A nonmarital child born out of wedlock is heir of his
17mother and of any maternal ancestor and of any person from whom
18his mother might have inherited, if living; and the descendants
19of a person who was a nonmarital child born out of wedlock
20shall represent such person and take by descent any estate
21which the parent would have taken, if living. If a decedent has
22acknowledged paternity of a nonmarital child born out of
23wedlock or if during his lifetime or after his death a decedent
24has been adjudged to be the father of a nonmarital child born
25out of wedlock, that person is heir of his father and of any
26paternal ancestor and of any person from whom his father might

 

 

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1have inherited, if living; and the descendants of a person who
2was a nonmarital child born out of wedlock shall represent that
3person and take by descent any estate which the parent would
4have taken, if living. If during his lifetime the decedent was
5adjudged to be the father of a nonmarital child born out of
6wedlock by a court of competent jurisdiction, an authenticated
7copy of the judgment is sufficient proof of the paternity; but
8in all other cases paternity must be proved by clear and
9convincing evidence. A person who was a nonmarital child born
10out of wedlock whose parents intermarry and who is acknowledged
11by the father as the father's child is a lawful child of the
12father. After a nonmarital child born out of wedlock is
13adopted, that person's relationship to his or her adopting and
14natural parents shall be governed by Section 2-4 of this Act.
15For purposes of inheritance, the changes made by this
16amendatory Act of 1997 apply to all decedents who die on or
17after January 1, 1998. For the purpose of determining the
18property rights of any person under any instrument, the changes
19made by this amendatory Act of 1997 apply to all instruments
20executed on or after January 1, 1998.
21(Source: P.A. 94-229, eff. 1-1-06.)
 
22    (755 ILCS 5/5-3)  (from Ch. 110 1/2, par. 5-3)
23    Sec. 5-3. Power to ascertain and declare heirship -
24evidence.) (a) The court may ascertain and declare the heirship
25of any decedent to be entered of record in the court at any

 

 

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1time during the administration of the estate without further
2notice or, if there is no grant of administration, upon such
3notice and in such manner as the court directs.
4    (b) The ascertainment of heirship may be made from (1) an
5affidavit of any person stating the facts from which the
6heirship of the decedent can be ascertained, which affidavit
7shall be signed and sworn to or affirmed before any notary
8public or judge of any court of record in the United States or
9any of its possessions or territories and certified by the
10clerk thereof, or before any United States consul, vice-consul,
11consular agent, secretary of legation or commissioned officer
12in active service of the United States, within or without the
13United States, or (2) from evidence either in narrative form or
14by questions and answers which are reduced to writing and
15certified by the court declaring the heirship. The seal of
16office of any notary public, United States consul, vice-consul,
17consular agent or secretary of legation and the designation of
18the name, rank and branch of service of any commissioned
19officer in active service of the armed forces of the United
20States shall be sufficient evidence of his identity and
21official character. The affidavit or transcript of evidence
22shall be filed by the clerk of the court declaring the heirship
23and remain as a part of the files in the cause.
24    (c) An order of the court declaring heirship is prima facie
25evidence of the heirship, but any other legal method of proving
26heirship may be resorted to by any party interested therein in

 

 

HB0497- 57 -LRB099 04116 HEP 24135 b

1any place or court where the question may arise.
2    (d) For purposes of this section the court may presume, in
3the absence of any evidence to the contrary, that the decedent
4and any person through whom heirship is traced was not the
5mother or father of any nonmarital child born out of wedlock
6and, if the decedent or the person was a male, that no
7nonmarital child born out of wedlock was filiated to or
8acknowledged or legitimated by the decedent or the person.
9(Source: P.A. 81-598.)
 
10    Section 65. The Line of Duty Compensation Act is amended by
11changing Section 3 as follows:
 
12    (820 ILCS 315/3)   (from Ch. 48, par. 283)
13    Sec. 3. Duty death benefit.
14    (a) If a claim therefor is made within one year of the date
15of death of a law enforcement officer, civil defense worker,
16civil air patrol member, paramedic, fireman, chaplain, or State
17employee killed in the line of duty, or if a claim therefor is
18made within 2 years of the date of death of an Armed Forces
19member killed in the line of duty, compensation shall be paid
20to the person designated by the law enforcement officer, civil
21defense worker, civil air patrol member, paramedic, fireman,
22chaplain, State employee, or Armed Forces member. However, if
23the Armed Forces member was killed in the line of duty before
24October 18, 2004, the claim must be made within one year of

 

 

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1October 18, 2004.
2    (b) The amount of compensation, except for an Armed Forces
3member, shall be $10,000 if the death in the line of duty
4occurred prior to January 1, 1974; $20,000 if such death
5occurred after December 31, 1973 and before July 1, 1983;
6$50,000 if such death occurred on or after July 1, 1983 and
7before January 1, 1996; $100,000 if the death occurred on or
8after January 1, 1996 and before May 18, 2001; $118,000 if the
9death occurred on or after May 18, 2001 and before July 1,
102002; and $259,038 if the death occurred on or after July 1,
112002 and before January 1, 2003. For an Armed Forces member
12killed in the line of duty (i) at any time before January 1,
132005, the compensation is $259,038 plus amounts equal to the
14increases for 2003 and 2004 determined under subsection (c) and
15(ii) on or after January 1, 2005, the compensation is the
16amount determined under item (i) plus the applicable increases
17for 2005 and thereafter determined under subsection (c).
18    (c) Except as provided in subsection (b), for deaths
19occurring on or after January 1, 2003, the death compensation
20rate for death in the line of duty occurring in a particular
21calendar year shall be the death compensation rate for death
22occurring in the previous calendar year (or in the case of
23deaths occurring in 2003, the rate in effect on December 31,
242002) increased by a percentage thereof equal to the percentage
25increase, if any, in the index known as the Consumer Price
26Index for All Urban Consumers: U.S. city average, unadjusted,

 

 

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1for all items, as published by the United States Department of
2Labor, Bureau of Labor Statistics, for the 12 months ending
3with the month of June of that previous calendar year.
4    (d) If no beneficiary is designated or if no designated
5beneficiary survives at the death of the law enforcement
6officer, civil defense worker, civil air patrol member,
7paramedic, fireman, chaplain, or State employee killed in the
8line of duty, the compensation shall be paid in accordance with
9a legally binding will left by the law enforcement officer,
10civil defense worker, civil air patrol member, paramedic,
11fireman, chaplain, or State employee. If the law enforcement
12officer, civil defense worker, civil air patrol member,
13paramedic, fireman, chaplain, or State employee did not leave a
14legally binding will, the compensation shall be paid as
15follows:
16        (1) when there is a surviving spouse, the entire sum
17    shall be paid to the spouse;
18        (2) when there is no surviving spouse, but a surviving
19    descendant of the decedent, the entire sum shall be paid to
20    the decedent's descendants per stirpes;
21        (3) when there is neither a surviving spouse nor a
22    surviving descendant, the entire sum shall be paid to the
23    parents of the decedent in equal parts, allowing to the
24    surviving parent, if one is dead, the entire sum; and
25        (4) when there is no surviving spouse, descendant or
26    parent of the decedent, but there are surviving brothers or

 

 

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1    sisters, or descendants of a brother or sister, who were
2    receiving their principal support from the decedent at his
3    death, the entire sum shall be paid, in equal parts, to the
4    dependent brothers or sisters or dependent descendant of a
5    brother or sister. Dependency shall be determined by the
6    Court of Claims based upon the investigation and report of
7    the Attorney General.
8The changes made to this subsection (d) by this amendatory Act
9of the 94th General Assembly apply to any pending case as long
10as compensation has not been paid to any party before the
11effective date of this amendatory Act of the 94th General
12Assembly.
13    (d-1) For purposes of subsection (d), in the case of a
14person killed in the line of duty who was a nonmarital child
15born out of wedlock and was not an adoptive child at the time
16of the person's death, a person shall be deemed to be a parent
17of the person killed in the line of duty only if that person
18would be an eligible parent, as defined in Section 2-2 of the
19Probate Act of 1975, of the person killed in the line of duty.
20This subsection (d-1) applies to any pending claim if
21compensation was not paid to the claimant of the pending claim
22before the effective date of this amendatory Act of the 94th
23General Assembly.
24    (d-2) If no beneficiary is designated or if no designated
25beneficiary survives at the death of the Armed Forces member
26killed in the line of duty, the compensation shall be paid in

 

 

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1entirety according to the designation made on the most recent
2version of the Armed Forces member's Servicemembers' Group Life
3Insurance Election and Certificate ("SGLI").
4    If no SGLI form exists at the time of the Armed Forces
5member's death, the compensation shall be paid in accordance
6with a legally binding will left by the Armed Forces member.
7    If no SGLI form exists for the Armed Forces member and the
8Armed Forces member did not leave a legally binding will, the
9compensation shall be paid to the persons and in the priority
10as set forth in paragraphs (1) through (4) of subsection (d) of
11this Section.
12    This subsection (d-2) applies to any pending case as long
13as compensation has not been paid to any party before the
14effective date of this amendatory Act of the 94th General
15Assembly.
16    (e) If there is no beneficiary designated or if no
17designated beneficiary survives at the death of the law
18enforcement officer, civil defense worker, civil air patrol
19member, paramedic, fireman, chaplain, State employee, or Armed
20Forces member killed in the line of duty and there is no other
21person or entity to whom compensation is payable under this
22Section, no compensation shall be payable under this Act.
23    (f) No part of such compensation may be paid to any other
24person for any efforts in securing such compensation.
25    (g) This amendatory Act of the 93rd General Assembly
26applies to claims made on or after October 18, 2004 with

 

 

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1respect to an Armed Forces member killed in the line of duty.
2    (h) In any case for which benefits have not been paid
3within 6 months of the claim being filed in accordance with
4this Section, which is pending as of the effective date of this
5amendatory Act of the 96th General Assembly, and in which there
6are 2 or more beneficiaries, at least one of whom would receive
7at least a portion of the total benefit regardless of the
8manner in which the Court of Claims resolves the claim, the
9Court shall direct the Comptroller to pay the minimum amount of
10money which the determinate beneficiary would receive together
11with all interest payment penalties which have accrued on that
12portion of the award being paid within 30 days of the effective
13date of this amendatory Act of the 96th General Assembly. For
14purposes of this subsection (h), "determinate beneficiary"
15means the beneficiary who would receive any portion of the
16total benefit claimed regardless of the manner in which the
17Court of Claims adjudicates the claim.
18    (i) The Court of Claims shall ensure that all individuals
19who have filed an application to claim the duty death benefit
20for a deceased member of the Armed Forces pursuant to this
21Section or for a fireman pursuant to this Section, or their
22designated representative, shall have access, on a timely basis
23and in an efficient manner, to all information related to the
24court's consideration, processing, or adjudication of the
25claim, including, but not limited to, the following:
26        (1) a reliable estimate of when the Court of Claims

 

 

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1    will adjudicate the claim, or if the Court cannot estimate
2    when it will adjudicate the claim, a full written
3    explanation of the reasons for this inability; and
4        (2) a reliable estimate, based upon consultation with
5    the Comptroller, of when the benefit will be paid to the
6    claimant.
7    (j) The Court of Claims shall send written notice to all
8claimants within 2 weeks of the initiation of a claim
9indicating whether or not the application is complete. For
10purposes of this subsection (j), an application is complete if
11a claimant has submitted to the Court of Claims all documents
12and information the Court requires for adjudicating and paying
13the benefit amount. For purposes of this subsection (j), a
14claim for the duty death benefit is initiated when a claimant
15submits any of the application materials required for
16adjudicating the claim to the Court of Claims. In the event a
17claimant's application is incomplete, the Court shall include
18in its written notice a list of the information or documents
19which the claimant must submit in order for the application to
20be complete. In no case may the Court of Claims deny a claim
21and subsequently re-adjudicate the same claim for the purpose
22of evading or reducing the interest penalty payment amount
23payable to any claimant.
24(Source: P.A. 95-928, eff. 8-26-08; 96-539, eff. 1-1-10;
2596-923, eff. 1-1-11.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    40 ILCS 5/1-104.2from Ch. 108 1/2, par. 1-104.2
4    40 ILCS 5/15-129from Ch. 108 1/2, par. 15-129
5    105 ILCS 5/27-9.1from Ch. 122, par. 27-9.1
6    215 ILCS 5/356ifrom Ch. 73, par. 968i
7    215 ILCS 125/4-2from Ch. 111 1/2, par. 1408.2
8    215 ILCS 165/15.12from Ch. 32, par. 609.12
9    305 ILCS 5/10-2from Ch. 23, par. 10-2
10    305 ILCS 5/10-4from Ch. 23, par. 10-4
11    305 ILCS 5/10-6from Ch. 23, par. 10-6
12    305 ILCS 5/11-9from Ch. 23, par. 11-9
13    740 ILCS 45/2from Ch. 70, par. 72
14    750 ILCS 5/205from Ch. 40, par. 205
15    750 ILCS 5/607from Ch. 40, par. 607
16    750 ILCS 30/3-3from Ch. 40, par. 2203-3
17    750 ILCS 50/12.1
18    750 ILCS 50/18from Ch. 40, par. 1522
19    750 ILCS 80/10
20    755 ILCS 5/2-2from Ch. 110 1/2, par. 2-2
21    755 ILCS 5/5-3from Ch. 110 1/2, par. 5-3
22    820 ILCS 315/3from Ch. 48, par. 283