Illinois General Assembly - Bill Status for HB4318

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Bill Status of HB4318 93rd General Assembly

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Short Description: MARRIAGE ACT-GRANDPARENT VISIT

House Sponsors
Rep. Patricia Reid Lindner - William B. Black - Patricia R. Bellock - Chapin Rose - Lou Lang, Randall M. Hultgren, Elizabeth Coulson, John E. Bradley, Robert F. Flider, Harry Osterman, Ralph C. Capparelli, Jack D. Franks, Linda Chapa LaVia and Rosemary Kurtz

Senate Sponsors
(Sen. John J. Cullerton - Kimberly A. Lightford - Jacqueline Y. Collins - Mattie Hunter, Gary Forby and Pamela J. Althoff)

Last Action

Date	Chamber	Action
8/12/2004	House	Public Act . . . . . . . . . 93-0911

Statutes Amended In Order of Appearance

750 ILCS 5/607

from Ch. 40, par. 607

Synopsis As Introduced
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides for grandparent, great-grandparent, and sibling visitation. Establishes who may file a petition for visitation. Creates a rebuttable presumption that a fit parent's actions and decisions regarding grandparent, great-grandparent, or sibling visitation are not harmful to the child's mental, physical, or emotional health. Provides that a higher standard of proof shall be required to rebut the presumption concerning a fit parent's actions and decisions if both of the parents of the child agree that the grandparent, great-grandparent, or sibling should not be granted visitation rights. Provides that the grandparent, great-grandparent, or sibling of a parent whose parental rights have been terminated through an adoption proceeding may not petition for visitation rights. Lists factors that may be considered in determining whether to grant visitation.

House Floor Amendment No. 1
Deletes everything after the enacting clause. Reinserts language of the original bill. Removes from the list of candidates under which a grandparent, great-grandparent, or sibling may petition for a visitation order that one parent has been continually incarcerated during the 3 month period prior to the filing of the petition. Makes other changes to the list of conditions under which a grandparent, great-grandparent, or sibling may petition for a visitation order. Provides for the modification of the grandparent, great-grandparent, or sibling visitation order.

Senate Committee Amendment No. 1
Further amends the Illinois Marriage and Dissolution of Marriage Act. Provides that nothing in the Section concerning grandparent visitation rights applies to a child in whose interests a petition under the specified Section of the Juvenile Court Act of 1987 is pending. Provides that, for filing a petition for visitation rights by a grandparent, great-grandparent, or sibling, the unreasonable denial of visitation must be by a parent of the minor. Provides that, in the list of conditions for the filing of a petition for grandparent, great-grandparent, or sibling visitation rights, the court, other than the Juvenile Court, has terminated a parent-child relationship and the grandparent, great-grandparent, or sibling is the parent of the person whose parental rights have been terminated, except in cases of adoption.

Senate Floor Amendment No. 2
Removes from the list of conditions for the filing of a petition for grandparent, great-grandparent, or sibling visitation, the condition that the child resided in the home of the grandparent, great-grandparent, or sibling for a period of 6 consecutive months or more and the grandparent, great-grandparent, or sibling was the primary caregiver for the child within the 2 years prior to the filing of the petition.

Actions

Date	Chamber	Action
2/2/2004	House	Filed with the Clerk by Rep. Patricia Reid Lindner
2/2/2004	House	Chief Co-Sponsor Rep. William B. Black
2/2/2004	House	First Reading
2/2/2004	House	Referred to Rules Committee
2/19/2004	House	Assigned to Judiciary I - Civil Law Committee
2/24/2004	House	Added Chief Co-Sponsor Rep. Patricia R. Bellock
2/24/2004	House	Added Chief Co-Sponsor Rep. Chapin Rose
2/24/2004	House	Added Chief Co-Sponsor Rep. Lou Lang
2/25/2004	House	Added Co-Sponsor Rep. Randall M. Hultgren
2/25/2004	House	Do Pass / Short Debate Judiciary I - Civil Law Committee; 016-002-001
2/25/2004	House	Placed on Calendar 2nd Reading - Short Debate
2/25/2004	House	Added Co-Sponsor Rep. Elizabeth Coulson
2/26/2004	House	Added Co-Sponsor Rep. John E. Bradley
3/2/2004	House	Added Co-Sponsor Rep. Robert F. Flider
3/23/2004	House	House Floor Amendment No. 1 Filed with Clerk by Rep. Patricia Reid Lindner
3/23/2004	House	House Floor Amendment No. 1 Referred to Rules Committee
3/24/2004	House	Added Co-Sponsor Rep. Harry Osterman
3/25/2004	House	House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
3/25/2004	House	Second Reading - Short Debate
3/25/2004	House	House Floor Amendment No. 1 Adopted by Voice Vote
3/25/2004	House	Placed on Calendar Order of 3rd Reading - Short Debate
3/26/2004	House	Added Co-Sponsor Rep. Ralph C. Capparelli
3/26/2004	House	Third Reading - Short Debate - Passed 109-003-000
3/26/2004	House	Added Co-Sponsor Rep. Jack D. Franks
3/26/2004	House	Added Co-Sponsor Rep. Linda Chapa LaVia
3/26/2004	House	Added Co-Sponsor Rep. Rosemary Kurtz
3/26/2004	Senate	Arrive in Senate
3/26/2004	Senate	Placed on Calendar Order of First Reading March 30, 2004
3/26/2004	Senate	Chief Senate Sponsor Sen. John J. Cullerton
3/30/2004	Senate	First Reading
3/30/2004	Senate	Referred to Rules
3/31/2004	Senate	Added as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford
4/5/2004	Senate	Added as Alternate Co-Sponsor Sen. Gary Forby
4/15/2004	Senate	Assigned to Judiciary
4/19/2004	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
4/19/2004	Senate	Senate Committee Amendment No. 1 Referred to Rules
4/21/2004	Senate	Senate Committee Amendment No. 1 Rules Refers to Judiciary
4/21/2004	Senate	Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
4/21/2004	Senate	Senate Committee Amendment No. 1 Adopted
4/22/2004	Senate	Do Pass as Amended Judiciary; 009-000-000
4/22/2004	Senate	Placed on Calendar Order of 2nd Reading April 27, 2004
4/28/2004	Senate	Second Reading
4/28/2004	Senate	Placed on Calendar Order of 3rd Reading April 29, 2004
4/28/2004	Senate	Added as Alternate Co-Sponsor Sen. Pamela J. Althoff
5/5/2004	Senate	Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
5/5/2004	Senate	Senate Floor Amendment No. 2 Referred to Rules
5/5/2004	Senate	Senate Floor Amendment No. 2 Rules Refers to Judiciary
5/6/2004	Senate	Senate Floor Amendment No. 2 Be Adopted Judiciary; 009-000-000
5/12/2004	Senate	Recalled to Second Reading
5/12/2004	Senate	Senate Floor Amendment No. 2 Adopted; Cullerton
5/12/2004	Senate	Placed on Calendar Order of 3rd Reading May 13, 2004
5/13/2004	Senate	Added as Alternate Chief Co-Sponsor Sen. Mattie Hunter
5/13/2004	Senate	Third Reading - Passed; 058-000-000
5/14/2004	House	Arrived in House
5/14/2004	House	Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2
5/17/2004	House	Senate Committee Amendment No. 1 Motion Filed Concur Rep. Patricia Reid Lindner
5/17/2004	House	Senate Floor Amendment No. 2 Motion Filed Concur Rep. Patricia Reid Lindner
5/17/2004	House	Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
5/17/2004	House	Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
5/18/2004	House	Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee
5/18/2004	House	Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee
5/19/2004	House	Senate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Judiciary I - Civil Law Committee; 012-000-000
5/19/2004	House	Senate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Judiciary I - Civil Law Committee; 012-000-000
5/19/2004	House	Senate Committee Amendment No. 1 House Concurs 115-003-000
5/19/2004	House	Senate Floor Amendment No. 2 House Concurs 115-003-000
5/19/2004	House	Passed Both Houses
6/16/2004	House	Sent to the Governor
8/12/2004	House	Governor Approved
8/12/2004	House	Effective Date January 1, 2005
8/12/2004	House	Public Act . . . . . . . . . 93-0911

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