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90_SB1386
755 ILCS 5/11-7.1 from Ch. 110 1/2, par. 11-7.1
Amends the Probate Act of 1975. Prohibits a court from
entering an order providing visitation rights to a parent who
has been convicted of first degree murder of the other parent
of the child who is the subject of the order unless the child
is of suitable age to signify his or her assent and assents
to the order. Also provides that until an order is entered,
no person may visit the parent with the child present without
the consent of the child's guardian.
LRB9011263RCpc
LRB9011263RCpc
1 AN ACT to amend the Probate Act of 1975 by changing
2 Section 11-7.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Probate Act of 1975 is amended by
6 changing Section 11-7.1 as follows:
7 (755 ILCS 5/11-7.1) (from Ch. 110 1/2, par. 11-7.1)
8 Sec. 11-7.1. Visitation rights.
9 (a) Whenever both natural or adoptive parents of a minor
10 are deceased, visitation rights shall be granted to the
11 grandparents of the minor who are the parents of the minor's
12 legal parents unless it is shown that such visitation would
13 be detrimental to the best interests and welfare of the
14 minor. In the discretion of the court, reasonable visitation
15 rights may be granted to any other relative of the minor or
16 other person having an interest in the welfare of the child.
17 However, the court shall not grant visitation privileges to
18 any person who otherwise might have visitation privileges
19 under this Section where the minor has been adopted
20 subsequent to the death of both his legal parents except
21 where such adoption is by a close relative. For the purpose
22 of this Section, "close relative" shall include, but not be
23 limited to, a grandparent, aunt, uncle, first cousin, or
24 adult brother or sister.
25 Where such adoption is by a close relative, the court
26 shall not grant visitation privileges under this Section
27 unless the petitioner alleges and proves that he or she has
28 been unreasonably denied visitation with the child. The
29 court may grant reasonable visitation privileges upon finding
30 that such visitation would be in the best interest of the
31 child.
-2- LRB9011263RCpc
1 An order denying visitation rights to grandparents of the
2 minor shall be in writing and shall state the reasons for
3 denial. An order denying visitation rights is a final order
4 for purposes of appeal.
5 (b) No court shall enter an order providing visitation
6 rights to a parent who has been convicted of first degree
7 murder of the other parent of the child who is the subject of
8 the order, unless the child is of suitable age to signify his
9 or her assent and assents to the order. Until an order is
10 entered, no person shall visit, with the child present, a
11 parent who has been convicted of first degree murder of the
12 other parent of the child without the consent of the child's
13 custodian or legal guardian.
14 (Source: P.A. 85-1274.)