HB1129 94TH GENERAL ASSEMBLY

LRB094 08291 LCB 38482 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1129

Introduced 02/08/05, by Rep. Robert W. Churchill

SYNOPSIS AS INTRODUCED:

705 ILCS 35/25.5 new
30 ILCS 805/8.29 new

Amends the Circuit Courts Act. Requires all circuit courts to post on their websites a summary database of court decisions concerning child custody cases available for downloading in a commonly available software format. Lists information that must be included in the database for child custody cases. Provides that the database shall include all decisions rendered on or after January 1, 2005, shall be made available starting September 30, 2005, and shall be updated every 3 months thereafter. Provides that each circuit court that does not have a website shall create and maintain a website to comply with the posting requirements for child custody cases. Amends the State Mandates Act to exempt the creation of the website for child custody cases from reimbursement by the State. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Circuit Courts Act is amended by adding Section 25.5 as follows:

(705 ILCS 35/25.5 new)

Sec. 25.5. Website; case database.

(a) All Illinois circuit courts shall post on their websites a summary database of court decisions concerning child custody available for downloading in a commonly available software format. Each circuit court website database shall include the following information on each case in which custody was determined by the court:

(1) the case caption;

(2) the number of minor children involved;

(3) the status of working parent or homemaker for each parent;

(4) the finding of residential placement of the children with a parent;

(5) the finding of joint or sole custody;

(6) the number of days, including holidays and vacations, each parent was awarded with the children on an annual basis;

(7) whether alimony or child support payments were awarded and the party to whom those payments were awarded;

(8) the name of the judge rendering the decision; and

(9) whether a counselor was appointed under subsection (b) of Section 604 of the Illinois Marriage and Dissolution of Marriage Act, and if so, the name of the counselor and the recommendation of the number of days each parent shall spend with the children annually.

(b) The above information shall be provided for all decisions rendered on or after January 1, 2005 and shall be made available starting September 30, 2005 and updated every 3 months thereafter. A case shall be included on the quarterly update of each court's website upon issuance of the final dissolution and custody order.

(c) Each circuit court that does not have a website on the effective date of this amendatory Act of the 94th General Assembly shall create and maintain a website to comply with this Section.

Section 10. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.