FAWELL. (PANKAU) 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401 Amends the Code of Civil Procedure. Provides that a petition for relief from any judgment establishing a parent and child relationship may be filed at any time to declare the non-existence of the parent and child relationship by a man adjudicated to be the father. Provides that an affidavit shall be attached to the petition stating either (1) that the parties have submitted to DNA tests and that the results of those tests show that there is a reasonable probability that the plaintiff is not the parent of the child, with a report containing the results of the test attached, or (2) that the affiant is willing to submit to and pay for DNA tests, but that the natural mother or the child has refused to submit to such test. Provides that if, as a result of the DNA tests the plaintiff is determined not to be the father of the child, the adjudication of paternity and any orders regarding custody, visitation, and future payments of support shall be vacated. Bars actions in cases in which the paternity of the petitioner has previously been established by a DNA test. Effective immediately. SENATE AMENDMENT NO. 1. Deletes reference to: 735 ILCS 5/2-1401 Adds reference to: 750 ILCS 45/5 750 ILCS 45/7 750 ILCS 45/8 Deletes everything. Amends the Illinois Parentage Act of 1984. Provides that a presumption that a man is the natural father of a child if he and the child's natural mother are or were married and the child was conceived or born during the marriage or, after the child's birth, he and the child's natural mother were married and the man is named, with his consent, as the child's father on the child's birth certificate is rebutted if it is shown by a DNA test that there is a reasonable probability that the man is not the parent of the child. Provides that an action to declare the non-existence of the parent and child relationship may be brought subsequent to an adjudication of paternity by a man adjudicated to be the father and the judgment may be vacated if, as a result of DNA tests, it is discovered that the man adjudicated to be the father is not the natural father of the child. Provides that this action to declare the non-existence of the parent and child relationship shall be barred if brought more than 3 months after the effective date of this amendatory Act of 1998 or 2 years after the petitioner obtains actual knowledge of relevant facts, whichever is later, but not beyond the date the child turns 18 years of age. Effective immediately. SENATE AMENDMENT NO. 2. Changes the provision that a presumption that a man is the natural father of a child is rebutted if it is shown by a DNA test that there is a reasonable probability that the man is not the parent of the child to a provision that the presumption is rebutted if it is shown that the man is not the natural father of the child. HOUSE AMENDMENT NO. 1. Deletes reference to: 750 ILCS 45/5 Deletes everything. Reinserts the language of the engrossed bill, but removes changes allowing rebuttal of a presumption of paternity if a DNA test shows that the man is not the natural father of the child and changes the time period after which action brought under these amendatory provisions is barred from 3 months after the effective date of this amendatory Act to 6 months after the effective date of this amendatory Act. Effective immediately. FISCAL NOTE, AMENDED (Office of Ill. Courts) This bill will have no fiscal impact on the Judicial branch. JUDICIAL NOTE, AMENDED No decrease or increase in the need for the number of judges. STATE MANDATES FISCAL NOTE, H-AM 1 SB 1259 fails to create a State mandate. HOME RULE NOTE, H-AM 1 The bill fails to preempt home rule authority. 98-01-28 S FIRST READING 98-01-28 S REFERRED TO SENATE RULES COMMITTEE RULES 98-02-19 S ASSIGNED TO COMMITTEE JUDICIARY 98-03-04 S HELD IN COMMITTEE 98-03-11 S DO PASS 009-000-000 SJUD 98-03-11 S PLACED ON CALENDAR ORDER OF 2ND READING 98-03-12 98-03-31 S FILED WITH SECRETARY 98-03-31 S AMENDMENT NO. 01-FAWELL 98-03-31 S AMENDMENT REFERRED TO SRUL 98-03-31 S FILED WITH SECRETARY 98-03-31 S AMENDMENT NO. 02-FAWELL 98-03-31 S AMENDMENT REFERRED TO SRUL 98-03-31 S AMENDMENT NO. 02-FAWELL 98-03-31 S RULES REFERS TO SJUD 98-03-31 S AMENDMENT NO. 01-FAWELL 98-03-31 S RULES REFERS TO SJUD 98-04-01 S AMENDMENT NO. 01-FAWELL 98-04-01 S BE APPROVED FOR CONSIDERATION SJUD/008-000-002 98-04-01 S AMENDMENT NO. 02-FAWELL 98-04-01 S BE APPROVED FOR CONSIDERATION SJUD/008-000-002 98-04-01 S SECOND READING 98-04-01 S AMENDMENT NO. 01-FAWELL 98-04-01 S ADOPTED 98-04-01 S AMENDMENT NO. 02-FAWELL 98-04-01 S ADOPTED 98-04-01 S PLACED ON CALENDAR ORDER OF 3RD READING 98-04-02 98-04-02 S THIRD READING - PASSED 056-000-001 98-04-02 H ARRIVE IN HOUSE 98-04-02 H HOUSE SPONSOR PANKAU 98-04-02 H FIRST READING 98-04-02 H REFERRED TO HOUSE RULES COMMITTEE RULES 98-04-14 H ASSIGNED TO COMMITTEE JUD-CIVIL LAW 98-04-29 H AMENDMENT NO. 01-JUD-CIVIL LAW H 98-04-29 H ADOPTED 98-04-29 H DO PASS AMENDED/SHORT DEBATE 011-000-000 HJUA 98-04-29 H PLACED CALENDAR 2ND READING-SHORT DEBATE 98-04-30 H SECOND READING-SHORT DEBATE 98-04-30 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 98-05-05 H FISCAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 98-05-05 H JUDICIAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 98-05-05 H STATE MNDT FISCAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 98-05-05 H HOME RULE NOTE FILED AS AMENDED BY HOUSE AMEND #1 98-05-05 H THIRD READING/SHORT DEBATE/PASSED 115-000-000 98-05-06 S SECRETARYS DESK - CONCURRENCE 01 98-05-06 S FILED WITH SECRETARY 98-05-06 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01/FAWELL 98-05-06 S MOTION REFERRED TO SRUL 98-05-13 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01/FAWELL 98-05-13 S RULES REFERS TO SJUD 98-05-14 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01/FAWELL 98-05-14 S BE APPROVED FOR CONSIDERATION SJUD/009-000-000 98-05-15 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01/FAWELL 98-05-15 S SEN CONCURS IN HSE AMENDMENTS (NO.) 01/055-000-000 98-05-15 S PASSED BOTH HOUSES 98-06-12 S SENT TO THE GOVERNOR 98-08-07 S GOVERNOR APPROVED 98-08-07 S EFFECTIVE DATE 98-08-07 98-08-07 S PUBLIC ACT.............................. 90-0715 END OF INQUIRY Full Text Bill Summary