Full Text of SB0443 95th General Assembly
SB0443 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0443
Introduced 2/8/2007, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Marriage and Dissolution of Marriage Act. Requires that, prior to appointment by the court in a proceeding for custody, visitation, or removal of a child from
Illinois, an evaluator must have completed 3 hours of training in domestic violence and its effects on the partner and the child, provided by a State-certified local domestic violence shelter or by a person who has completed the 40-hour training to become a domestic violence counselor, and must have registered a certificate of completion of the training with the clerk of the court. Effective immediately.
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A BILL FOR
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SB0443 |
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LRB095 09472 LCT 29670 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Marriage and Dissolution of | 5 |
| Marriage Act is amended by changing Section 604.5 as follows:
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| (750 ILCS 5/604.5)
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| Sec. 604.5. Evaluation of child's best interest.
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| (a) In a proceeding for custody, visitation, or removal of | 9 |
| a child from
Illinois, upon notice
and motion made within a | 10 |
| reasonable time before trial, the court may order an
evaluation | 11 |
| concerning the best interest of the child as it relates to | 12 |
| custody,
visitation, or removal. Prior to appointment by the | 13 |
| court, an evaluator must have completed 3 hours of training in | 14 |
| domestic violence and its effects on the partner and the child, | 15 |
| provided by a State-certified local domestic violence shelter | 16 |
| or by a person who has completed the 40-hour training to become | 17 |
| a domestic violence counselor, and must have registered a | 18 |
| certificate of completion of the training with the clerk of the | 19 |
| court. The motion may be made by a party, a parent, the
child's
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| custodian, the attorney for the child, the child's guardian ad | 21 |
| litem, or the
child's representative. The requested evaluation | 22 |
| may be in place of or in
addition to an evaluation conducted | 23 |
| under subsection (b) of Section 604.
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SB0443 |
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LRB095 09472 LCT 29670 b |
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| The
motion shall state the identity of the proposed | 2 |
| evaluator and set forth the
evaluator's specialty or | 3 |
| discipline. The court may refuse to
order an evaluation by the | 4 |
| proposed evaluator, but in that event, the court may
permit the | 5 |
| party seeking the evaluation to propose one or more other
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| evaluators.
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| (b) An order for an evaluation shall fix the time, place, | 8 |
| conditions, and
scope of the evaluation and shall designate the | 9 |
| evaluator.
A party or person shall not be required to travel an | 10 |
| unreasonable distance for
the evaluation.
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| (c) The person requesting an evaluator shall pay the fee | 12 |
| for the evaluation
unless otherwise ordered by the court.
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| (d) Within 21 days after the completion of the evaluation, | 14 |
| if the moving
party or person intends to call the evaluator as | 15 |
| a witness, the evaluator shall
prepare and mail or deliver to | 16 |
| the attorneys of record duplicate originals of
the written | 17 |
| evaluation. The evaluation shall set forth the evaluator's
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| findings, the results
of all tests administered, and the | 19 |
| evaluator's conclusions and recommendations.
If
the
written | 20 |
| evaluation is not delivered or mailed to the attorneys within | 21 |
| 21 days
or within any extensions or modifications granted by | 22 |
| the court, the written
evaluation and the evaluator's | 23 |
| testimony, conclusions, and recommendations may
not be | 24 |
| received into evidence.
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| (e) The person calling an evaluator to testify at trial
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| shall
disclose the evaluator as an opinion
witness in |
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SB0443 |
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LRB095 09472 LCT 29670 b |
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| accordance with the Supreme Court Rules.
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| (f) Subject to compliance with the Supreme
Court Rules, | 3 |
| nothing in this Section bars a person who did not request the
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| evaluation from calling the evaluator as a witness. In that | 5 |
| case, however,
that person shall
pay the evaluator's fee for | 6 |
| testifying unless otherwise ordered by the
court.
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| (Source: P.A. 91-746, eff. 6-2-00.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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