Illinois General Assembly - Full Text of HB3128
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Full Text of HB3128  98th General Assembly




HB3128 EnrolledLRB098 08706 HEP 41829 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Parentage Act of 1984 is amended by
5changing Section 6.5 as follows:
6    (750 ILCS 45/6.5)
7    Sec. 6.5. Custody or visitation by sex offender prohibited
8to men who father through sexual assault or sexual abuse.
9    (a) This Section applies to a person who has been found to
10be the father of a child under this Act and who:
11        (1) has been convicted of or who has pled guilty or
12    nolo contendere to a violation of Section 11-1.20 (criminal
13    sexual assault), Section 11-1.30 (aggravated criminal
14    sexual assault), Section 11-1.40 (predatory criminal
15    sexual assault of a child), Section 11-1.50 (criminal
16    sexual abuse), Section 11-1.60 (aggravated criminal sexual
17    abuse), Section 11-11 (sexual relations within families),
18    Section 12-13 (criminal sexual assault), Section 12-14
19    (aggravated criminal sexual assault), Section 12-14.1
20    (predatory criminal sexual assault of a child), Section
21    12-15 (criminal sexual abuse), or Section 12-16
22    (aggravated criminal sexual abuse) of the Criminal Code of
23    1961 or the Criminal Code of 2012, or a similar statute in



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1    another jurisdiction, for his conduct in fathering that
2    child; or .
3        (2) at a fact-finding hearing, is found by clear and
4    convincing evidence to have committed an act of
5    non-consensual sexual penetration for his conduct in
6    fathering that child.
7    (b) A person described in subsection (a) shall not be
8entitled to custody of or visitation with that child without
9the consent of the child's mother or guardian. If the person
10described in subsection (a) is also the guardian of the child,
11he does not have the authority to consent to visitation or
12custody under this Section. If the mother of the child is a
13minor, and the person described in subsection (a) is also the
14father or guardian of the mother, then he does not have the
15authority to consent to custody or visits.
16    (c) Notwithstanding any other provision of this Act,
17nothing in this Section shall be construed to relieve the
18father described in subsection (a) of any support and
19maintenance obligations to the child under this Act. The
20child's mother or guardian may decline support and maintenance
21obligations from the father.
22    (d) Notwithstanding any other provision of law, the father
23described in subsection (a) of this Section is not entitled to
24any inheritance or other rights from the child without the
25consent of the child's mother or guardian.
26    (e) Notwithstanding any provision of the Illinois Marriage



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1and Dissolution of Marriage Act, the parent, grandparent,
2great-grandparent, or sibling of the person described in
3subsection (a) of this Section does not have standing to bring
4an action requesting custody or visitation with the child
5without the consent of the child's mother or guardian.
6    (f) A petition under this Section may be filed by the
7child's mother or guardian either as an affirmative petition in
8circuit court or as an affirmative defense in any proceeding
9filed by the person described in subsection (a) of this Section
10regarding the child.
11(Source: P.A. 96-1551, eff. 7-1-11; 97-568, eff. 8-25-11;
1297-1150, eff. 1-25-13.)