Full Text of HB2266 96th General Assembly
HB2266enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning children.
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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 Criminal Code of 1961 is amended by changing | 5 |
| Section 10-5.5 as follows:
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| (720 ILCS 5/10-5.5)
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| Sec. 10-5.5. Unlawful visitation or parenting time | 8 |
| interference.
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| (a) As used in this Section,
the terms
"child", "detain", | 10 |
| and "lawful custodian" shall have the meanings ascribed
to them | 11 |
| in Section 10-5 of this Code.
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| (b) Every person who, in violation of the visitation , | 13 |
| parenting time, or custody time
provisions of a court order | 14 |
| relating to child custody, detains
or conceals a child with the | 15 |
| intent to deprive another person of his or her
rights
to | 16 |
| visitation , parenting time, or custody time shall be guilty of | 17 |
| unlawful
visitation or parenting time interference.
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| (c) A person committing unlawful visitation or parenting | 19 |
| time interference is
guilty of a petty offense. However, any | 20 |
| person violating this Section after
2 prior convictions of | 21 |
| unlawful visitation interference or unlawful visitation or | 22 |
| parenting time interference is guilty
of a Class A misdemeanor.
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| (d) Any law enforcement officer who has probable cause to |
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| believe that
a person has committed or is committing an act in | 2 |
| violation of this Section
shall issue to that person a notice | 3 |
| to appear.
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| (e) The notice shall:
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| (1) be in writing;
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| (2) state the name of the person and his address, if | 7 |
| known;
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| (3) set forth the nature of the offense;
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| (4) be signed by the officer issuing the notice; and
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| (5) request the person to appear before a court at a | 11 |
| certain time and
place.
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| (f) Upon failure of the person to appear, a summons or | 13 |
| warrant of arrest may
be issued.
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| (g) It is an affirmative defense that:
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| (1) a person or lawful custodian committed the act to | 16 |
| protect the child
from imminent physical harm, provided | 17 |
| that the defendant's belief that
there was physical harm
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| imminent was reasonable and that the defendant's conduct in | 19 |
| withholding
visitation rights , parenting time, or custody | 20 |
| time was a reasonable response to the harm believed | 21 |
| imminent;
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| (2) the act was committed with the mutual consent of | 23 |
| all parties having a
right to custody and visitation of the | 24 |
| child or parenting time with the child ; or
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| (3) the act was otherwise authorized by law.
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| (h) A person convicted of unlawful visitation or parenting |
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| time interference shall not be
subject to a civil contempt | 2 |
| citation for the same conduct for violating
visitation , | 3 |
| parenting time, or custody time provisions of a
court order | 4 |
| issued under the Illinois Marriage and Dissolution of Marriage
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| Act.
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| (Source: P.A. 88-96.)
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| Section 10. The Illinois Marriage and Dissolution of | 8 |
| Marriage Act is amended by changing Section 607.1 as follows:
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| (750 ILCS 5/607.1) (from Ch. 40, par. 607.1)
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| Sec. 607.1. Enforcement of visitation orders; visitation | 11 |
| abuse.
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| (a) The circuit court shall provide an expedited procedure | 13 |
| for
enforcement of court ordered visitation in cases of | 14 |
| visitation abuse.
Visitation abuse occurs when a party has | 15 |
| willfully and without
justification: (1) denied another party | 16 |
| visitation as set forth by the
court; or (2) exercised his or | 17 |
| her visitation rights in a manner
that is harmful to the child | 18 |
| or child's custodian.
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| (b) An Action may be commenced by filing a petition setting | 20 |
| forth: (i)
the petitioner's name, residence address or mailing | 21 |
| address, and telephone
number; (ii) respondent's name and place | 22 |
| of residence, place of employment,
or mailing address; (iii) | 23 |
| the nature of the visitation abuse, giving dates
and other | 24 |
| relevant information; (iv) that a reasonable attempt was made |
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| to
resolve the dispute; and (v) the relief sought.
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| Notice of the filing of the petitions shall be given as | 3 |
| provided
in Section 511.
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| (c) After hearing all of the evidence, the court may order | 5 |
| one or more of
the following:
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| (1) Modification of the visitation order to | 7 |
| specifically outline periods
of visitation or restrict | 8 |
| visitation as provided by law.
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| (2) Supervised visitation with a third party or public | 10 |
| agency.
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| (3) Make up visitation of the same time period, such as | 12 |
| weekend for
weekend, holiday for holiday.
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| (4) Counseling or mediation, except in cases where | 14 |
| there is
evidence of domestic violence, as defined in | 15 |
| Section 1 of the Domestic
Violence Shelters Act, occurring | 16 |
| between the parties.
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| (5) Other appropriate relief deemed equitable.
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| (d) Nothing contained in this Section shall be construed to | 19 |
| limit the
court's contempt power, except as provided in | 20 |
| subsection (g) of this
Section.
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| (e) When the court issues an order holding a party in | 22 |
| contempt of court
for violation of a visitation order, the | 23 |
| clerk shall transmit a copy of
the contempt order to the | 24 |
| sheriff of the county. The sheriff shall furnish
a copy of each | 25 |
| contempt order to the Department of State Police on a daily
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| basis in the form and manner required by the Department. The |
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| Department
shall maintain a complete record and index of the | 2 |
| contempt orders and make
this data available to all local law | 3 |
| enforcement agencies.
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| (f) Attorney fees and costs shall be assessed against a | 5 |
| party if the
court finds that the enforcement action is | 6 |
| vexatious and constitutes
harassment.
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| (g) A person convicted of unlawful visitation or parenting | 8 |
| time interference under Section
10-5.5 of the Criminal Code of | 9 |
| 1961 shall not be subject to the provisions of
this Section and | 10 |
| the court may not enter a contempt order for visitation abuse
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| against any person for the same conduct for which the person | 12 |
| was convicted of
unlawful visitation interference or subject
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| that
person to the sanctions provided for in this Section.
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| (Source: P.A. 87-895; 88-96.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law. |
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