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90_SB1386ren
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
SB1386 Re-enrolled LRB9011263RCpc
1 AN ACT in relation to visitation rights, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 607 as follows:
7 (750 ILCS 5/607) (from Ch. 40, par. 607)
8 Sec. 607. Visitation.
9 (a) A parent not granted custody of the child is
10 entitled to reasonable visitation rights unless the court
11 finds, after a hearing, that visitation would endanger
12 seriously the child's physical, mental, moral or emotional
13 health. If the custodian's street address is not identified,
14 pursuant to Section 708, the court shall require the parties
15 to identify reasonable alternative arrangements for
16 visitation by a non-custodial parent, including but not
17 limited to visitation of the minor child at the residence of
18 another person or at a local public or private facility.
19 (b) (1) The court may grant reasonable visitation
20 privileges to a grandparent, great-grandparent, or sibling of
21 any minor child upon petition to the court by the
22 grandparents or great-grandparents or on behalf of the
23 sibling, with notice to the parties required to be notified
24 under Section 601 of this Act, if the court determines that
25 it is in the best interests and welfare of the child, and may
26 issue any necessary orders to enforce such visitation
27 privileges. Except as provided in paragraph (2) of this
28 subsection (b), a petition for visitation privileges may be
29 filed under this subsection (b) whether or not a petition
30 pursuant to this Act has been previously filed or is
31 currently pending if one or more of the following
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1 circumstances exist:
2 (A) the parents are not currently cohabiting on a
3 permanent or an indefinite basis;
4 (B) one of the parents has been absent from the
5 marital abode for more than one month without the spouse
6 knowing his or her whereabouts;
7 (C) one of the parents is deceased;
8 (D) one of the parents joins in the petition with
9 the grandparents, great-grandparents, or sibling; or
10 (E) a sibling is in State custody.
11 (2)(A) A petition for visitation privileges shall not be
12 filed pursuant to this subsection (b) by the parents or
13 grandparents of a putative father if the paternity of the
14 putative father has not been legally established.
15 (B) A petition for visitation privileges may not be
16 filed under this subsection (b) if the child who is the
17 subject of the grandparents' or great-grandparents' petition
18 has been voluntarily surrendered by the parent or parents,
19 except for a surrender to the Illinois Department of Children
20 and Family Services or a foster care facility, or has been
21 previously adopted by an individual or individuals who are
22 not related to the biological parents of the child or is the
23 subject of a pending adoption petition by an individual or
24 individuals who are not related to the biological parents of
25 the child.
26 (3) When one parent is deceased, the surviving parent
27 shall not interfere with the visitation rights of the
28 grandparents.
29 (c) The court may modify an order granting or denying
30 visitation rights whenever modification would serve the best
31 interest of the child; but the court shall not restrict a
32 parent's visitation rights unless it finds that the
33 visitation would endanger seriously the child's physical,
34 mental, moral or emotional health.
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1 (d) If any court has entered an order prohibiting a
2 non-custodial parent of a child from any contact with a child
3 or restricting the non-custodial parent's contact with the
4 child, the following provisions shall apply:
5 (1) If an order has been entered granting
6 visitation privileges with the child to a grandparent or
7 great-grandparent who is related to the child through the
8 non-custodial parent, the visitation privileges of the
9 grandparent or great-grandparent may be revoked if:
10 (i) a court has entered an order prohibiting
11 the non-custodial parent from any contact with the
12 child, and the grandparent or great-grandparent is
13 found to have used his or her visitation privileges
14 to facilitate contact between the child and the
15 non-custodial parent; or
16 (ii) a court has entered an order restricting
17 the non-custodial parent's contact with the child,
18 and the grandparent or great-grandparent is found to
19 have used his or her visitation privileges to
20 facilitate contact between the child and the
21 non-custodial parent in a manner that violates the
22 terms of the order restricting the non-custodial
23 parent's contact with the child.
24 Nothing in this subdivision (1) limits the authority
25 of the court to enforce its orders in any manner
26 permitted by law.
27 (2) Any order granting visitation privileges with
28 the child to a grandparent or great-grandparent who is
29 related to the child through the non-custodial parent
30 shall contain the following provision:
31 "If the (grandparent or great-grandparent, whichever
32 is applicable) who has been granted visitation privileges
33 under this order uses the visitation privileges to
34 facilitate contact between the child and the child's
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1 non-custodial parent, the visitation privileges granted
2 under this order shall be permanently revoked."
3 (e) No parent, not granted custody of the child, or
4 grandparent, or great-grandparent, or sibling of any minor
5 child, convicted of any offense involving an illegal sex act
6 perpetrated upon a victim less than 18 years of age including
7 but not limited to offenses for violations of Article 12 of
8 the Criminal Code of 1961, is entitled to visitation rights
9 while incarcerated or while on parole or mandatory supervised
10 release for that offense, and upon discharge from
11 incarceration for a misdemeanor offense or upon discharge
12 from parole or mandatory supervised release for a felony
13 offense, visitation shall be denied until said person
14 successfully completes a treatment program approved by the
15 court.
16 (f) Unless the court determines, after considering all
17 relevant factors, including but not limited to those set
18 forth in Section 602(a), that it would be in the best
19 interests of the child to allow visitation, the court shall
20 not enter an order providing visitation rights and pursuant
21 to a motion to modify visitation shall revoke visitation
22 rights previously granted to any person who would otherwise
23 be entitled to petition for visitation rights under this
24 Section who has been convicted of first degree murder of the
25 parent, grandparent, great-grandparent, or sibling of the
26 child who is the subject of the order. Until an order is
27 entered pursuant to this subsection, no person shall visit,
28 with the child present, a person who has been convicted of
29 first degree murder of the parent, grandparent,
30 great-grandparent, or sibling of the child without the
31 consent of the child's parent, other than a parent convicted
32 of first degree murder as set forth herein, or legal
33 guardian.
34 (Source: P.A. 88-23; 88-267; 88-670, eff. 12-2-94; 89-488,
SB1386 Re-enrolled -5- LRB9011263RCpc
1 eff. 6-21-96.)
2 Section 10. The Probate Act of 1975 is amended by
3 changing Section 11-7.1 as follows:
4 (755 ILCS 5/11-7.1) (from Ch. 110 1/2, par. 11-7.1)
5 Sec. 11-7.1. Visitation rights.
6 (a) Whenever both natural or adoptive parents of a minor
7 are deceased, visitation rights shall be granted to the
8 grandparents of the minor who are the parents of the minor's
9 legal parents unless it is shown that such visitation would
10 be detrimental to the best interests and welfare of the
11 minor. In the discretion of the court, reasonable visitation
12 rights may be granted to any other relative of the minor or
13 other person having an interest in the welfare of the child.
14 However, the court shall not grant visitation privileges to
15 any person who otherwise might have visitation privileges
16 under this Section where the minor has been adopted
17 subsequent to the death of both his legal parents except
18 where such adoption is by a close relative. For the purpose
19 of this Section, "close relative" shall include, but not be
20 limited to, a grandparent, aunt, uncle, first cousin, or
21 adult brother or sister.
22 Where such adoption is by a close relative, the court
23 shall not grant visitation privileges under this Section
24 unless the petitioner alleges and proves that he or she has
25 been unreasonably denied visitation with the child. The
26 court may grant reasonable visitation privileges upon finding
27 that such visitation would be in the best interest of the
28 child.
29 An order denying visitation rights to grandparents of the
30 minor shall be in writing and shall state the reasons for
31 denial. An order denying visitation rights is a final order
32 for purposes of appeal.
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1 (b) Unless the court determines, after considering all
2 relevant factors, including but not limited to those set
3 forth in Section 602(a) of the Illinois Marriage and
4 Dissolution of Marriage Act, that it would be in the best
5 interests of the child to allow visitation, the court shall
6 not enter an order providing visitation rights and pursuant
7 to a motion to modify visitation brought under Section 607(f)
8 of the Illinois Marriage and Dissolution of Marriage Act
9 shall revoke visitation rights previously granted to any
10 person who would otherwise be entitled to petition for
11 visitation rights under this Section who has been convicted
12 of first degree murder of the parent, grandparent,
13 great-grandparent, or sibling of the child who is the subject
14 of the order. Until an order is entered pursuant to this
15 subsection, no person shall visit, with the child present, a
16 person who has been convicted of first degree murder of the
17 parent, grandparent, great-grandparent, or sibling of the
18 child without the consent of the child's parent, other than a
19 parent convicted of first degree murder as set forth herein,
20 or legal guardian.
21 (Source: P.A. 85-1274.)