Full Text of SB2606 96th General Assembly
SB2606enr 96TH GENERAL ASSEMBLY
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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 Parentage Act of 1984 is amended by | 5 |
| changing Section 11 as follows:
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| (750 ILCS 45/11) (from Ch. 40, par. 2511)
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| Sec. 11. Tests to determine inherited characteristics.
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| (a) In any action brought under Section 7 to determine the | 9 |
| existence of the father and child relationship or to declare | 10 |
| the non-existence of the parent and child relationship, the | 11 |
| court or Administrative Hearing Officer in an Expedited Child | 12 |
| Support System shall, prior to the entry of a judgment in the | 13 |
| case, advise the respondent who appears of the right to request | 14 |
| an order that the parties and the child submit to | 15 |
| deoxyribonucleic acid (DNA) tests to determine inherited | 16 |
| characteristics. The advisement shall be noted in the record. | 17 |
| As soon as practicable, the court or Administrative Hearing | 18 |
| Officer
in an Expedited Child Support System may, and upon | 19 |
| request of a party
shall, order or direct the mother, child and | 20 |
| alleged father to
submit to deoxyribonucleic acid (DNA) tests | 21 |
| to determine
inherited characteristics.
If any party refuses to | 22 |
| submit to the tests, the court may
resolve the
question of | 23 |
| paternity against that party or enforce its order if the rights
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| of others and the interests of justice so require.
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| (b) The tests shall be conducted by an expert qualified as | 3 |
| an examiner of
blood or tissue types and appointed by
the | 4 |
| court.
The expert shall determine the testing procedures. | 5 |
| However, any
interested party, for good cause shown, in advance | 6 |
| of the scheduled tests,
may request a hearing to object to the
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| qualifications of the expert or the testing procedures. The
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| expert appointed by the court shall testify at the
pre-test | 9 |
| hearing at the expense of the party requesting the hearing, | 10 |
| except
as provided in subsection (h) of this Section for an | 11 |
| indigent party. An
expert not appointed by the court shall | 12 |
| testify at the pre-test hearing at
the expense of the party | 13 |
| retaining the expert. Inquiry into an
expert's qualifications | 14 |
| at the pre-test hearing shall not affect either
parties' right | 15 |
| to have the expert qualified at trial.
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| (b-1) Genetic testing must be of a type reasonably relied | 17 |
| upon by experts in the field of genetic testing and performed | 18 |
| in a testing laboratory accredited by the American Association | 19 |
| of Blood Banks, or a successor to its functions. | 20 |
| (b-2) A specimen used in genetic testing may consist of one | 21 |
| or more samples, or a combination of samples, of blood, buccal | 22 |
| cells, bone, hair, or other body tissue or fluid. | 23 |
| (b-3) The testing laboratory shall determine the databases | 24 |
| from which to select frequencies for use in calculation of the | 25 |
| probability of paternity based on the ethnic or racial group of | 26 |
| an individual. If there is disagreement as to the testing |
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| laboratory's choice, the following procedures apply: | 2 |
| (1) The individual objecting may require the testing | 3 |
| laboratory, within 30 days after receipt of the report of | 4 |
| the test, to recalculate the probability of paternity using | 5 |
| an ethnic or racial group different from that used by the | 6 |
| laboratory. | 7 |
| (2) The individual objecting to the testing | 8 |
| laboratory's initial choice shall: | 9 |
| (A) if the frequencies are not available to the | 10 |
| testing laboratory for the ethnic or racial group | 11 |
| requested, provide the requested frequencies compiled | 12 |
| in a manner recognized by accrediting bodies; or | 13 |
| (B) engage another testing laboratory to perform | 14 |
| the calculations. | 15 |
| (b-4) If, after recalculation using a different ethnic or | 16 |
| racial group, genetic testing does not rebuttably identify a | 17 |
| man as the father of a child, an individual who has been tested | 18 |
| may be required to submit to additional genetic testing. | 19 |
| (c) The expert shall prepare a written report of the test
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| results. If the test results show that the alleged father is | 21 |
| not excluded,
the report shall contain statistics based upon | 22 |
| the statistical formula of Combined Paternity Index (CPI) and | 23 |
| the Probability of Paternity as determined by the probability | 24 |
| of exclusion (Random Man Not Excluded = RMNE) a combined | 25 |
| paternity index relating to the probability
of paternity . The | 26 |
| expert may be called by the court as a witness to
testify to |
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| his or her findings and, if called, shall be subject to
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| cross-examination by the parties. If the test results show that | 3 |
| the alleged
father is not excluded,
any party may demand that | 4 |
| other experts,
qualified as examiners of blood or tissue types, | 5 |
| perform independent tests
under order of court, including, but | 6 |
| not limited to, blood types or other
tests of genetic markers | 7 |
| such as those found by Human Leucocyte Antigen (HLA)
tests . The | 8 |
| results of the tests may be offered into evidence. The
number | 9 |
| and qualifications of the experts shall be determined by the | 10 |
| court.
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| (d) Documentation of the chain of custody of the blood or
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| tissue samples, accompanied by an affidavit or certification in | 13 |
| accordance
with Section 1-109 of the Code of Civil Procedure, | 14 |
| is competent evidence to
establish the chain of custody.
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| (e) The report of the test results prepared by the | 16 |
| appointed expert shall be
made by affidavit or
by
certification | 17 |
| as provided in Section 1-109 of the Code of Civil Procedure
and | 18 |
| shall be mailed to all parties. A proof of service shall be
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| filed with the court. The verified
report shall be admitted | 20 |
| into evidence at trial without foundation testimony
or other | 21 |
| proof of authenticity or accuracy, unless a written motion
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| challenging the admissibility of the report is filed by either | 23 |
| party
within 28 days of receipt of the report, in
which case | 24 |
| expert testimony shall be required.
A party may
not file such a | 25 |
| motion challenging the admissibility of the report later than
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| 28 days before commencement of trial. Before trial, the court
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| shall determine whether the motion is sufficient to deny | 2 |
| admission of the
report by verification. Failure to make
that | 3 |
| timely motion constitutes a waiver of the right to object to
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| admission by verification and shall not be
grounds for a | 5 |
| continuance of the hearing to determine paternity.
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| (f) Tests taken pursuant to this Section shall have the | 7 |
| following effect:
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| (1) If the court finds that the conclusion of the | 9 |
| expert or
experts, as
disclosed by the evidence based upon | 10 |
| the tests, is that the alleged father
is not the parent of | 11 |
| the child, the question of paternity shall be resolved
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| accordingly.
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| (2) If the experts disagree in their findings or | 14 |
| conclusions, the
question shall be weighed with other | 15 |
| competent evidence of paternity.
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| (3) If the tests show that the alleged father is
not | 17 |
| excluded and that the combined paternity index is at least | 18 |
| 1,000 to 1, and there is at least a 99.9 percent | 19 |
| probability of paternity, the alleged father is presumed to | 20 |
| be the father, and this evidence shall be admitted less | 21 |
| than 500 to 1,
this evidence shall be admitted by the court | 22 |
| and shall be weighed with
other competent evidence of | 23 |
| paternity .
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| (4) A man identified under paragraph (3) of subsection | 25 |
| (f) as the father of the child may rebut the genetic | 26 |
| testing results by other genetic testing satisfying the |
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| requirements of this Act which: | 2 |
| (A) excludes the man as a genetic father of the | 3 |
| child; or | 4 |
| (B) identifies another man as the possible father | 5 |
| of the child. If the tests show that the alleged father | 6 |
| is not
excluded and that the combined paternity index | 7 |
| is at least 500 to 1, the
alleged
father is presumed to | 8 |
| be the father, and this evidence shall be admitted.
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| This presumption may be rebutted by clear and | 10 |
| convincing evidence.
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| (5) Except as otherwise provided in this Act, if more | 12 |
| than one man is identified by genetic testing as the | 13 |
| possible father of the child, the court shall order them to | 14 |
| submit to further genetic testing to identify the genetic | 15 |
| father. | 16 |
| (g) (Blank). Any presumption of parentage as set forth in | 17 |
| Section 5 of this Act
is rebutted if the court finds that the | 18 |
| conclusion of the expert or experts
excludes
paternity of the | 19 |
| presumed father.
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| (h) The expense of the tests shall be paid by the party
who | 21 |
| requests the tests , except that the court may apportion the | 22 |
| costs between the parties, upon request . Where the tests are | 23 |
| requested by the party
seeking to establish paternity and that | 24 |
| party is found to be indigent by
the court, the expense shall | 25 |
| be paid by the public agency providing
representation; except | 26 |
| that where a public agency is not providing
representation, the |
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| expense shall be paid by the county in which the action
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| brought. Where the tests are ordered by the court on its own | 3 |
| motion or
are requested by the alleged or presumed father and | 4 |
| that father is found to
be indigent by the court, the expense | 5 |
| shall be paid by the county in which
the action is brought. Any | 6 |
| part of the expense may be taxed as costs in the
action, except | 7 |
| that no costs may be taxed against a public agency that has
not | 8 |
| requested the tests.
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| (i) The compensation of each expert witness appointed by | 10 |
| the court shall
be paid as provided in subsection (h) of this | 11 |
| Section. Any part of
the payment may be taxed as costs in the | 12 |
| action, except that
no costs may be taxed against a public | 13 |
| agency that has not requested the
services of the expert | 14 |
| witness.
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| (j) Nothing in this Section shall prevent any party from | 16 |
| obtaining tests
of his or her own blood or tissue independent | 17 |
| of those ordered by the court
or from
presenting expert | 18 |
| testimony interpreting those tests or any other blood
tests | 19 |
| ordered pursuant to this Section. Reports of all the
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| independent tests, accompanied by affidavit or certification | 21 |
| pursuant to
Section 1-109 of the Code of Civil Procedure, and | 22 |
| notice of any expert
witnesses to be called to testify to the | 23 |
| results of those tests shall be
submitted to all parties at | 24 |
| least 30 days before any hearing set to
determine the issue of | 25 |
| parentage.
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| (Source: P.A. 96-333, eff. 8-11-09; 96-474, eff. 8-14-09.)
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