Illinois-2011-HB5487-Introduced

97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5487

Introduced , by Rep. Richard Morthland

SYNOPSIS AS INTRODUCED:

`730 ILCS 5/3-6-3`	`from Ch. 38, par. 1003-6-3`
`750 ILCS 5/602`	`from Ch. 40, par. 602`
`750 ILCS 5/607`	`from Ch. 40, par. 607`

Amends the Unified Code of Corrections and the Illinois Marriage and Dissolution of Marriage Act. Provides that whenever the Department of Corrections is to release any inmate who has been convicted of a felony,

earlier than it
otherwise would because of a grant of good conduct credit,

the Department shall give
written notice of the impending release not less

than 120 days prior to the date of the release to the victim of the offense for which the inmate was convicted and the victim's family members. Provides that a court may not award either sole custody or joint custody to a parent who has been convicted of a felony unless certain criteria are first met, including that (i) a psychological examination of the parent has been conducted by a qualified individual, and that individual is of the opinion that the parent is a fit person to raise and care for the child and (ii) the child or the child's legal guardian has consented to an award of custody to the parent. Provides that a court may not award unsupervised visitation to a parent who has been convicted of a felony unless similar criteria are first met. Provides for immediate suspension of a parent's unsupervised visitation if the child alleges that he or she has been a victim of abuse or sexual molestation perpetrated by a person in the home where the unsupervised visitation has taken place.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning children.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Unified Code of Corrections is amended by

5 changing Section 3-6-3 as follows:

6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)

7 Sec. 3-6-3. Rules and Regulations for Early Release.

8 (a) (1) The Department of Corrections shall prescribe

9 rules and regulations for the early release on account of

10 good conduct of persons committed to the Department which

11 shall be subject to review by the Prisoner Review Board.

12 (2) The rules and regulations on early release shall

13 provide, with respect to offenses listed in clause (i),

14 (ii), or (iii) of this paragraph (2) committed on or after

15 June 19, 1998 or with respect to the offense listed in

16 clause (iv) of this paragraph (2) committed on or after

17 June 23, 2005 (the effective date of Public Act 94-71) or

18 with respect to offense listed in clause (vi) committed on

19 or after June 1, 2008 (the effective date of Public Act

20 95-625) or with respect to the offense of being an armed

21 habitual criminal committed on or after August 2, 2005 (the

22 effective date of Public Act 94-398) or with respect to the

23 offenses listed in clause (v) of this paragraph (2)

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1 committed on or after August 13, 2007 (the effective date

2 of Public Act 95-134) or with respect to the offense of

3 aggravated domestic battery committed on or after July 23,

4 2010 (the effective date of Public Act 96-1224), the

5 following:

6 (i) that a prisoner who is serving a term of

7 imprisonment for first degree murder or for the offense

8 of terrorism shall receive no good conduct credit and

9 shall serve the entire sentence imposed by the court;

10 (ii) that a prisoner serving a sentence for attempt

11 to commit first degree murder, solicitation of murder,

12 solicitation of murder for hire, intentional homicide

13 of an unborn child, predatory criminal sexual assault

14 of a child, aggravated criminal sexual assault,

15 criminal sexual assault, aggravated kidnapping,

16 aggravated battery with a firearm as described in

17 Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

18 or (e)(4) of Section 12-3.05, heinous battery as

19 described in Section 12-4.1 or subdivision (a)(2) of

20 Section 12-3.05, being an armed habitual criminal,

21 aggravated battery of a senior citizen as described in

22 Section 12-4.6 or subdivision (a)(4) of Section

23 12-3.05, or aggravated battery of a child as described

24 in Section 12-4.3 or subdivision (b)(1) of Section

25 12-3.05 shall receive no more than 4.5 days of good

26 conduct credit for each month of his or her sentence of

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1 imprisonment;

2 (iii) that a prisoner serving a sentence for home

3 invasion, armed robbery, aggravated vehicular

4 hijacking, aggravated discharge of a firearm, or armed

5 violence with a category I weapon or category II

6 weapon, when the court has made and entered a finding,

7 pursuant to subsection (c-1) of Section 5-4-1 of this

8 Code, that the conduct leading to conviction for the

9 enumerated offense resulted in great bodily harm to a

10 victim, shall receive no more than 4.5 days of good

11 conduct credit for each month of his or her sentence of

12 imprisonment;

13 (iv) that a prisoner serving a sentence for

14 aggravated discharge of a firearm, whether or not the

15 conduct leading to conviction for the offense resulted

16 in great bodily harm to the victim, shall receive no

17 more than 4.5 days of good conduct credit for each

18 month of his or her sentence of imprisonment;

19 (v) that a person serving a sentence for

20 gunrunning, narcotics racketeering, controlled

21 substance trafficking, methamphetamine trafficking,

22 drug-induced homicide, aggravated

23 methamphetamine-related child endangerment, money

24 laundering pursuant to clause (c) (4) or (5) of Section

25 29B-1 of the Criminal Code of 1961, or a Class X felony

26 conviction for delivery of a controlled substance,

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1 possession of a controlled substance with intent to

2 manufacture or deliver, calculated criminal drug

3 conspiracy, criminal drug conspiracy, street gang

4 criminal drug conspiracy, participation in

5 methamphetamine manufacturing, aggravated

6 participation in methamphetamine manufacturing,

7 delivery of methamphetamine, possession with intent to

8 deliver methamphetamine, aggravated delivery of

9 methamphetamine, aggravated possession with intent to

10 deliver methamphetamine, methamphetamine conspiracy

11 when the substance containing the controlled substance

12 or methamphetamine is 100 grams or more shall receive

13 no more than 7.5 days good conduct credit for each

14 month of his or her sentence of imprisonment;

15 (vi) that a prisoner serving a sentence for a

16 second or subsequent offense of luring a minor shall

17 receive no more than 4.5 days of good conduct credit

18 for each month of his or her sentence of imprisonment;

19 and

20 (vii) that a prisoner serving a sentence for

21 aggravated domestic battery shall receive no more than

22 4.5 days of good conduct credit for each month of his

23 or her sentence of imprisonment.

24 (2.1) For all offenses, other than those enumerated in

25 subdivision (a)(2)(i), (ii), or (iii) committed on or after

26 June 19, 1998 or subdivision (a)(2)(iv) committed on or

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1 after June 23, 2005 (the effective date of Public Act

2 94-71) or subdivision (a)(2)(v) committed on or after

3 August 13, 2007 (the effective date of Public Act 95-134)

4 or subdivision (a)(2)(vi) committed on or after June 1,

5 2008 (the effective date of Public Act 95-625) or

6 subdivision (a)(2)(vii) committed on or after July 23, 2010

7 (the effective date of Public Act 96-1224), and other than

8 the offense of aggravated driving under the influence of

9 alcohol, other drug or drugs, or intoxicating compound or

10 compounds, or any combination thereof as defined in

11 subparagraph (F) of paragraph (1) of subsection (d) of

12 Section 11-501 of the Illinois Vehicle Code, and other than

13 the offense of aggravated driving under the influence of

14 alcohol, other drug or drugs, or intoxicating compound or

15 compounds, or any combination thereof as defined in

16 subparagraph (C) of paragraph (1) of subsection (d) of

17 Section 11-501 of the Illinois Vehicle Code committed on or

18 after January 1, 2011 (the effective date of Public Act

19 96-1230), the rules and regulations shall provide that a

20 prisoner who is serving a term of imprisonment shall

21 receive one day of good conduct credit for each day of his

22 or her sentence of imprisonment or recommitment under

23 Section 3-3-9. Each day of good conduct credit shall reduce

24 by one day the prisoner's period of imprisonment or

25 recommitment under Section 3-3-9.

26 (2.2) A prisoner serving a term of natural life

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1 imprisonment or a prisoner who has been sentenced to death

2 shall receive no good conduct credit.

3 (2.3) The rules and regulations on early release shall

4 provide that a prisoner who is serving a sentence for

5 aggravated driving under the influence of alcohol, other

6 drug or drugs, or intoxicating compound or compounds, or

7 any combination thereof as defined in subparagraph (F) of

8 paragraph (1) of subsection (d) of Section 11-501 of the

9 Illinois Vehicle Code, shall receive no more than 4.5 days

10 of good conduct credit for each month of his or her

11 sentence of imprisonment.

12 (2.4) The rules and regulations on early release shall

13 provide with respect to the offenses of aggravated battery

14 with a machine gun or a firearm equipped with any device or

15 attachment designed or used for silencing the report of a

16 firearm or aggravated discharge of a machine gun or a

17 firearm equipped with any device or attachment designed or

18 used for silencing the report of a firearm, committed on or

19 after July 15, 1999 (the effective date of Public Act

20 91-121), that a prisoner serving a sentence for any of

21 these offenses shall receive no more than 4.5 days of good

22 conduct credit for each month of his or her sentence of

23 imprisonment.

24 (2.5) The rules and regulations on early release shall

25 provide that a prisoner who is serving a sentence for

26 aggravated arson committed on or after July 27, 2001 (the

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1 effective date of Public Act 92-176) shall receive no more

2 than 4.5 days of good conduct credit for each month of his

3 or her sentence of imprisonment.

4 (2.6) The rules and regulations on early release shall

5 provide that a prisoner who is serving a sentence for

6 aggravated driving under the influence of alcohol, other

7 drug or drugs, or intoxicating compound or compounds or any

8 combination thereof as defined in subparagraph (C) of

9 paragraph (1) of subsection (d) of Section 11-501 of the

10 Illinois Vehicle Code committed on or after January 1, 2011

11 (the effective date of Public Act 96-1230) shall receive no

12 more than 4.5 days of good conduct credit for each month of

13 his or her sentence of imprisonment.

14 (3) The rules and regulations shall also provide that

15 the Director may award up to 180 days additional good

16 conduct credit for meritorious service in specific

17 instances as the Director deems proper; except that no more

18 than 90 days of good conduct credit for meritorious service

19 shall be awarded to any prisoner who is serving a sentence

20 for conviction of first degree murder, reckless homicide

21 while under the influence of alcohol or any other drug, or

22 aggravated driving under the influence of alcohol, other

23 drug or drugs, or intoxicating compound or compounds, or

24 any combination thereof as defined in subparagraph (F) of

25 paragraph (1) of subsection (d) of Section 11-501 of the

26 Illinois Vehicle Code, aggravated kidnapping, kidnapping,

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1 predatory criminal sexual assault of a child, aggravated

2 criminal sexual assault, criminal sexual assault, deviate

3 sexual assault, aggravated criminal sexual abuse,

4 aggravated indecent liberties with a child, indecent

5 liberties with a child, child pornography, heinous battery

6 as described in Section 12-4.1 or subdivision (a)(2) of

7 Section 12-3.05, aggravated battery of a spouse,

8 aggravated battery of a spouse with a firearm, stalking,

9 aggravated stalking, aggravated battery of a child as

10 described in Section 12-4.3 or subdivision (b)(1) of

11 Section 12-3.05, endangering the life or health of a child,

12 or cruelty to a child. Notwithstanding the foregoing, good

13 conduct credit for meritorious service shall not be awarded

14 on a sentence of imprisonment imposed for conviction of:

15 (i) one of the offenses enumerated in subdivision

16 (a)(2)(i), (ii), or (iii) when the offense is committed on

17 or after June 19, 1998 or subdivision (a)(2)(iv) when the

18 offense is committed on or after June 23, 2005 (the

19 effective date of Public Act 94-71) or subdivision

20 (a)(2)(v) when the offense is committed on or after August

21 13, 2007 (the effective date of Public Act 95-134) or

22 subdivision (a)(2)(vi) when the offense is committed on or

23 after June 1, 2008 (the effective date of Public Act

24 95-625) or subdivision (a)(2)(vii) when the offense is

25 committed on or after July 23, 2010 (the effective date of

26 Public Act 96-1224), (ii) aggravated driving under the

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1 influence of alcohol, other drug or drugs, or intoxicating

2 compound or compounds, or any combination thereof as

3 defined in subparagraph (F) of paragraph (1) of subsection

4 (d) of Section 11-501 of the Illinois Vehicle Code, (iii)

5 one of the offenses enumerated in subdivision (a)(2.4) when

6 the offense is committed on or after July 15, 1999 (the

7 effective date of Public Act 91-121), (iv) aggravated arson

8 when the offense is committed on or after July 27, 2001

9 (the effective date of Public Act 92-176), (v) offenses

10 that may subject the offender to commitment under the

11 Sexually Violent Persons Commitment Act, or (vi)

12 aggravated driving under the influence of alcohol, other

13 drug or drugs, or intoxicating compound or compounds or any

14 combination thereof as defined in subparagraph (C) of

15 paragraph (1) of subsection (d) of Section 11-501 of the

16 Illinois Vehicle Code committed on or after January 1, 2011

17 (the effective date of Public Act 96-1230).

18 The Director shall not award good conduct credit for

19 meritorious service under this paragraph (3) to an inmate

20 unless the inmate has served a minimum of 60 days of the

21 sentence; except nothing in this paragraph shall be

22 construed to permit the Director to extend an inmate's

23 sentence beyond that which was imposed by the court. Prior

24 to awarding credit under this paragraph (3), the Director

25 shall make a written determination that the inmate:

26 (A) is eligible for good conduct credit for

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1 meritorious service;

2 (B) has served a minimum of 60 days, or as close to

3 60 days as the sentence will allow; and

4 (C) has met the eligibility criteria established

5 by rule.

6 The Director shall determine the form and content of

7 the written determination required in this subsection.

8 (4) The rules and regulations shall also provide that

9 the good conduct credit accumulated and retained under

10 paragraph (2.1) of subsection (a) of this Section by any

11 inmate during specific periods of time in which such inmate

12 is engaged full-time in substance abuse programs,

13 correctional industry assignments, or educational programs

14 provided by the Department under this paragraph (4) and

15 satisfactorily completes the assigned program as

16 determined by the standards of the Department, shall be

17 multiplied by a factor of 1.25 for program participation

18 before August 11, 1993 and 1.50 for program participation

19 on or after that date. However, no inmate shall be eligible

20 for the additional good conduct credit under this paragraph

21 (4) or (4.1) of this subsection (a) while assigned to a

22 boot camp or electronic detention, or if convicted of an

23 offense enumerated in subdivision (a)(2)(i), (ii), or

24 (iii) of this Section that is committed on or after June

25 19, 1998 or subdivision (a)(2)(iv) of this Section that is

26 committed on or after June 23, 2005 (the effective date of

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1 Public Act 94-71) or subdivision (a)(2)(v) of this Section

2 that is committed on or after August 13, 2007 (the

3 effective date of Public Act 95-134) or subdivision

4 (a)(2)(vi) when the offense is committed on or after June

5 1, 2008 (the effective date of Public Act 95-625) or

6 subdivision (a)(2)(vii) when the offense is committed on or

7 after July 23, 2010 (the effective date of Public Act

8 96-1224), or if convicted of aggravated driving under the

9 influence of alcohol, other drug or drugs, or intoxicating

10 compound or compounds or any combination thereof as defined

11 in subparagraph (F) of paragraph (1) of subsection (d) of

12 Section 11-501 of the Illinois Vehicle Code, or if

13 convicted of aggravated driving under the influence of

14 alcohol, other drug or drugs, or intoxicating compound or

15 compounds or any combination thereof as defined in

16 subparagraph (C) of paragraph (1) of subsection (d) of

17 Section 11-501 of the Illinois Vehicle Code committed on or

18 after January 1, 2011 (the effective date of Public Act

19 96-1230), or if convicted of an offense enumerated in

20 paragraph (a)(2.4) of this Section that is committed on or

21 after July 15, 1999 (the effective date of Public Act

22 91-121), or first degree murder, a Class X felony, criminal

23 sexual assault, felony criminal sexual abuse, aggravated

24 criminal sexual abuse, aggravated battery with a firearm as

25 described in Section 12-4.2 or subdivision (e)(1), (e)(2),

26 (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or

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1 successor offenses with the same or substantially the same

2 elements, or any inchoate offenses relating to the

3 foregoing offenses. No inmate shall be eligible for the

4 additional good conduct credit under this paragraph (4) who

5 (i) has previously received increased good conduct credit

6 under this paragraph (4) and has subsequently been

7 convicted of a felony, or (ii) has previously served more

8 than one prior sentence of imprisonment for a felony in an

9 adult correctional facility.

10 Educational, vocational, substance abuse and

11 correctional industry programs under which good conduct

12 credit may be increased under this paragraph (4) and

13 paragraph (4.1) of this subsection (a) shall be evaluated

14 by the Department on the basis of documented standards. The

15 Department shall report the results of these evaluations to

16 the Governor and the General Assembly by September 30th of

17 each year. The reports shall include data relating to the

18 recidivism rate among program participants.

19 Availability of these programs shall be subject to the

20 limits of fiscal resources appropriated by the General

21 Assembly for these purposes. Eligible inmates who are

22 denied immediate admission shall be placed on a waiting

23 list under criteria established by the Department. The

24 inability of any inmate to become engaged in any such

25 programs by reason of insufficient program resources or for

26 any other reason established under the rules and

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1 regulations of the Department shall not be deemed a cause

2 of action under which the Department or any employee or

3 agent of the Department shall be liable for damages to the

4 inmate.

5 (4.1) The rules and regulations shall also provide that

6 an additional 60 days of good conduct credit shall be

7 awarded to any prisoner who passes the high school level

8 Test of General Educational Development (GED) while the

9 prisoner is incarcerated. The good conduct credit awarded

10 under this paragraph (4.1) shall be in addition to, and

11 shall not affect, the award of good conduct under any other

12 paragraph of this Section, but shall also be pursuant to

13 the guidelines and restrictions set forth in paragraph (4)

14 of subsection (a) of this Section. The good conduct credit

15 provided for in this paragraph shall be available only to

16 those prisoners who have not previously earned a high

17 school diploma or a GED. If, after an award of the GED good

18 conduct credit has been made and the Department determines

19 that the prisoner was not eligible, then the award shall be

20 revoked.

21 (4.5) The rules and regulations on early release shall

22 also provide that when the court's sentencing order

23 recommends a prisoner for substance abuse treatment and the

24 crime was committed on or after September 1, 2003 (the

25 effective date of Public Act 93-354), the prisoner shall

26 receive no good conduct credit awarded under clause (3) of

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1 this subsection (a) unless he or she participates in and

2 completes a substance abuse treatment program. The

3 Director may waive the requirement to participate in or

4 complete a substance abuse treatment program and award the

5 good conduct credit in specific instances if the prisoner

6 is not a good candidate for a substance abuse treatment

7 program for medical, programming, or operational reasons.

8 Availability of substance abuse treatment shall be subject

9 to the limits of fiscal resources appropriated by the

10 General Assembly for these purposes. If treatment is not

11 available and the requirement to participate and complete

12 the treatment has not been waived by the Director, the

13 prisoner shall be placed on a waiting list under criteria

14 established by the Department. The Director may allow a

15 prisoner placed on a waiting list to participate in and

16 complete a substance abuse education class or attend

17 substance abuse self-help meetings in lieu of a substance

18 abuse treatment program. A prisoner on a waiting list who

19 is not placed in a substance abuse program prior to release

20 may be eligible for a waiver and receive good conduct

21 credit under clause (3) of this subsection (a) at the

22 discretion of the Director.

23 (4.6) The rules and regulations on early release shall

24 also provide that a prisoner who has been convicted of a

25 sex offense as defined in Section 2 of the Sex Offender

26 Registration Act shall receive no good conduct credit

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1 unless he or she either has successfully completed or is

2 participating in sex offender treatment as defined by the

3 Sex Offender Management Board. However, prisoners who are

4 waiting to receive such treatment, but who are unable to do

5 so due solely to the lack of resources on the part of the

6 Department, may, at the Director's sole discretion, be

7 awarded good conduct credit at such rate as the Director

8 shall determine.

9 (5) Whenever the Department is to release any inmate

10 earlier than it otherwise would because of a grant of good

11 conduct credit for meritorious service given at any time

12 during the term, the Department shall give reasonable

13 notice of the impending release not less than 14 days prior

14 to the date of the release to the State's Attorney of the

15 county where the prosecution of the inmate took place, and

16 if applicable, the State's Attorney of the county into

17 which the inmate will be released. The Department must also

18 make identification information and a recent photo of the

19 inmate being released accessible on the Internet by means

20 of a hyperlink labeled "Community Notification of Inmate

21 Early Release" on the Department's World Wide Web homepage.

22 The identification information shall include the inmate's:

23 name, any known alias, date of birth, physical

24 characteristics, residence address, commitment offense and

25 county where conviction was imposed. The identification

26 information shall be placed on the website within 3 days of

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1 the inmate's release and the information may not be removed

2 until either: completion of the first year of mandatory

3 supervised release or return of the inmate to custody of

4 the Department.

5 (b) Whenever a person is or has been committed under

6 several convictions, with separate sentences, the sentences

7 shall be construed under Section 5-8-4 in granting and

8 forfeiting of good time.

9 (c) The Department shall prescribe rules and regulations

10 for revoking good conduct credit, or suspending or reducing the

11 rate of accumulation of good conduct credit for specific rule

12 violations, during imprisonment. These rules and regulations

13 shall provide that no inmate may be penalized more than one

14 year of good conduct credit for any one infraction.

15 When the Department seeks to revoke, suspend or reduce the

16 rate of accumulation of any good conduct credits for an alleged

17 infraction of its rules, it shall bring charges therefor

18 against the prisoner sought to be so deprived of good conduct

19 credits before the Prisoner Review Board as provided in

20 subparagraph (a)(4) of Section 3-3-2 of this Code, if the

21 amount of credit at issue exceeds 30 days or when during any 12

22 month period, the cumulative amount of credit revoked exceeds

23 30 days except where the infraction is committed or discovered

24 within 60 days of scheduled release. In those cases, the

25 Department of Corrections may revoke up to 30 days of good

26 conduct credit. The Board may subsequently approve the

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1 revocation of additional good conduct credit, if the Department

2 seeks to revoke good conduct credit in excess of 30 days.

3 However, the Board shall not be empowered to review the

4 Department's decision with respect to the loss of 30 days of

5 good conduct credit within any calendar year for any prisoner

6 or to increase any penalty beyond the length requested by the

7 Department.

8 The Director of the Department of Corrections, in

9 appropriate cases, may restore up to 30 days good conduct

10 credits which have been revoked, suspended or reduced. Any

11 restoration of good conduct credits in excess of 30 days shall

12 be subject to review by the Prisoner Review Board. However, the

13 Board may not restore good conduct credit in excess of the

14 amount requested by the Director.

15 Nothing contained in this Section shall prohibit the

16 Prisoner Review Board from ordering, pursuant to Section

17 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

18 sentence imposed by the court that was not served due to the

19 accumulation of good conduct credit.

20 (d) If a lawsuit is filed by a prisoner in an Illinois or

21 federal court against the State, the Department of Corrections,

22 or the Prisoner Review Board, or against any of their officers

23 or employees, and the court makes a specific finding that a

24 pleading, motion, or other paper filed by the prisoner is

25 frivolous, the Department of Corrections shall conduct a

26 hearing to revoke up to 180 days of good conduct credit by

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1 bringing charges against the prisoner sought to be deprived of

2 the good conduct credits before the Prisoner Review Board as

3 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

4 If the prisoner has not accumulated 180 days of good conduct

5 credit at the time of the finding, then the Prisoner Review

6 Board may revoke all good conduct credit accumulated by the

7 prisoner.

8 For purposes of this subsection (d):

9 (1) "Frivolous" means that a pleading, motion, or other

10 filing which purports to be a legal document filed by a

11 prisoner in his or her lawsuit meets any or all of the

12 following criteria:

13 (A) it lacks an arguable basis either in law or in

14 fact;

15 (B) it is being presented for any improper purpose,

16 such as to harass or to cause unnecessary delay or

17 needless increase in the cost of litigation;

18 (C) the claims, defenses, and other legal

19 contentions therein are not warranted by existing law

20 or by a nonfrivolous argument for the extension,

21 modification, or reversal of existing law or the

22 establishment of new law;

23 (D) the allegations and other factual contentions

24 do not have evidentiary support or, if specifically so

25 identified, are not likely to have evidentiary support

26 after a reasonable opportunity for further

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1 investigation or discovery; or

2 (E) the denials of factual contentions are not

3 warranted on the evidence, or if specifically so

4 identified, are not reasonably based on a lack of

5 information or belief.

6 (2) "Lawsuit" means a motion pursuant to Section 116-3

7 of the Code of Criminal Procedure of 1963, a habeas corpus

8 action under Article X of the Code of Civil Procedure or

9 under federal law (28 U.S.C. 2254), a petition for claim

10 under the Court of Claims Act, an action under the federal

11 Civil Rights Act (42 U.S.C. 1983), or a second or

12 subsequent petition for post-conviction relief under

13 Article 122 of the Code of Criminal Procedure of 1963

14 whether filed with or without leave of court or a second or

15 subsequent petition for relief from judgment under Section

16 2-1401 of the Code of Civil Procedure.

17 (e) Nothing in Public Act 90-592 or 90-593 affects the

18 validity of Public Act 89-404.

19 (f) Whenever the Department is to release any inmate who

20 has been convicted of a violation of an order of protection

21 under Section 12-3.4 or 12-30 of the Criminal Code of 1961,

22 earlier than it otherwise would because of a grant of good

23 conduct credit, the Department, as a condition of such early

24 release, shall require that the person, upon release, be placed

25 under electronic surveillance as provided in Section 5-8A-7 of

26 this Code.

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1 (g) Whenever the Department is to release any inmate who

2 has been convicted of a felony, earlier than it otherwise would

3 because of a grant of good conduct credit, the Department shall

4 give written notice of the impending release not less than 120

5 days prior to the date of the release to the victim of the

6 offense for which the inmate was convicted and the victim's

7 family members. The notice shall include, but need not be

8 limited to, the inmate's name and the location where the inmate

9 will reside upon his or her release.

10 (Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;

11 95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;

12 95-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff.

13 7-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224,

14 eff. 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11;

15 97-333, eff. 8-12-11.)

16 Section 10. The Illinois Marriage and Dissolution of

17 Marriage Act is amended by changing Sections 602 and 607 as

18 follows:

19 (750 ILCS 5/602) (from Ch. 40, par. 602)

20 Sec. 602. Best Interest of Child.

21 (a) The court shall determine custody in accordance with

22 the best interest of the child. The court shall consider all

23 relevant factors including:

24 (1) the wishes of the child's parent or parents as to

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1 his custody;

2 (2) the wishes of the child as to his custodian;

3 (3) the interaction and interrelationship of the child

4 with his parent or parents, his siblings and any other

5 person who may significantly affect the child's best

6 interest;

7 (4) the child's adjustment to his home, school and

8 community;

9 (5) the mental and physical health of all individuals

10 involved;

11 (6) the physical violence or threat of physical

12 violence by the child's potential custodian, whether

13 directed against the child or directed against another

14 person;

15 (7) the occurrence of ongoing or repeated abuse as

16 defined in Section 103 of the Illinois Domestic Violence

17 Act of 1986, whether directed against the child or directed

18 against another person;

19 (8) the willingness and ability of each parent to

20 facilitate and encourage a close and continuing

21 relationship between the other parent and the child;

22 (9) whether one of the parents is a sex offender; and

23 (10) the terms of a parent's military family-care plan

24 that a parent must complete before deployment if a parent

25 is a member of the United States Armed Forces who is being

26 deployed.

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1 In the case of a custody proceeding in which a stepparent

2 has standing under Section 601, it is presumed to be in the

3 best interest of the minor child that the natural parent have

4 the custody of the minor child unless the presumption is

5 rebutted by the stepparent.

6 (a-5) The court may not award either sole custody or joint

7 custody to a parent who has been convicted of a felony unless

8 all of the following criteria are first met:

9 (1) A psychological examination of the parent has been

10 conducted by a qualified individual, and that individual is

11 of the opinion that the parent is a fit person to raise and

12 care for the child.

13 (2) The child consents to an award of custody to the

14 parent.

15 (3) If the child is not legally capable of giving

16 consent to an award of custody to the parent, the child's

17 legal guardian has given such consent. A guardian may not

18 unreasonably withhold his or her consent to an award of

19 custody to the parent.

20 (b) The court shall not consider conduct of a present or

21 proposed custodian that does not affect his relationship to the

22 child.

23 (c) Unless the court finds the occurrence of ongoing abuse

24 as defined in Section 103 of the Illinois Domestic Violence Act

25 of 1986, the court shall presume that the maximum involvement

26 and cooperation of both parents regarding the physical, mental,

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1 moral, and emotional well-being of their child is in the best

2 interest of the child. There shall be no presumption in favor

3 of or against joint custody.

4 (Source: P.A. 95-331, eff. 8-21-07; 96-676, eff. 1-1-10.)

5 (750 ILCS 5/607) (from Ch. 40, par. 607)

6 (Text of Section before amendment by P.A. 97-659)

7 Sec. 607. Visitation.

8 (a) A parent not granted custody of the child is entitled

9 to reasonable visitation rights unless the court finds, after a

10 hearing, that visitation would endanger seriously the child's

11 physical, mental, moral or emotional health. If the custodian's

12 street address is not identified, pursuant to Section 708, the

13 court shall require the parties to identify reasonable

14 alternative arrangements for visitation by a non-custodial

15 parent, including but not limited to visitation of the minor

16 child at the residence of another person or at a local public

17 or private facility.

18 (1) "Visitation" means in-person time spent between a

19 child and the child's parent. In appropriate

20 circumstances, it may include electronic communication

21 under conditions and at times determined by the court.

22 (2) "Electronic communication" means time that a

23 parent spends with his or her child during which the child

24 is not in the parent's actual physical custody, but which

25 is facilitated by the use of communication tools such as

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1 the telephone, electronic mail, instant messaging, video

2 conferencing or other wired or wireless technologies via

3 the Internet, or another medium of communication.

4 (a-3) Grandparents, great-grandparents, and siblings of a

5 minor child, who is one year old or older, have standing to

6 bring an action in circuit court by petition, requesting

7 visitation in accordance with this Section. The term "sibling"

8 in this Section means a brother, sister, stepbrother, or

9 stepsister of the minor child. Grandparents,

10 great-grandparents, and siblings also have standing to file a

11 petition for visitation and any electronic communication

12 rights in a pending dissolution proceeding or any other

13 proceeding that involves custody or visitation issues,

14 requesting visitation in accordance with this Section. A

15 petition for visitation with a child by a person other than a

16 parent must be filed in the county in which the child resides.

17 Nothing in this subsection (a-3) and subsection (a-5) of this

18 Section shall apply to a child in whose interests a petition is

19 pending under Section 2-13 of the Juvenile Court Act of 1987 or

20 a petition to adopt an unrelated child is pending under the

21 Adoption Act.

22 (a-5)(1) Except as otherwise provided in this subsection

23 (a-5), any grandparent, great-grandparent, or sibling may file

24 a petition for visitation rights to a minor child if there is

25 an unreasonable denial of visitation by a parent and at least

26 one of the following conditions exists:

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1 (A) (Blank);

2 (A-5) the child's other parent is deceased or has been

3 missing for at least 3 months. For the purposes of this

4 Section a parent is considered to be missing if the

5 parent's location has not been determined and the parent

6 has been reported as missing to a law enforcement agency;

7 (A-10) a parent of the child is incompetent as a matter

8 of law;

9 (A-15) a parent has been incarcerated in jail or prison

10 during the 3 month period preceding the filing of the

11 petition;

12 (B) the child's mother and father are divorced or have

13 been legally separated from each other or there is pending

14 a dissolution proceeding involving a parent of the child or

15 another court proceeding involving custody or visitation

16 of the child (other than any adoption proceeding of an

17 unrelated child) and at least one parent does not object to

18 the grandparent, great-grandparent, or sibling having

19 visitation with the child. The visitation of the

20 grandparent, great-grandparent, or sibling must not

21 diminish the visitation of the parent who is not related to

22 the grandparent, great-grandparent, or sibling seeking

23 visitation;

24 (C) (Blank);

25 (D) the child is born out of wedlock, the parents are

26 not living together, and the petitioner is a maternal

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1 grandparent, great-grandparent, or sibling of the child

2 born out of wedlock; or

3 (E) the child is born out of wedlock, the parents are

4 not living together, the petitioner is a paternal

5 grandparent, great-grandparent, or sibling, and the

6 paternity has been established by a court of competent

7 jurisdiction.

8 (2) Any visitation rights granted pursuant to this Section

9 before the filing of a petition for adoption of a child shall

10 automatically terminate by operation of law upon the entry of

11 an order terminating parental rights or granting the adoption

12 of the child, whichever is earlier. If the person or persons

13 who adopted the child are related to the child, as defined by

14 Section 1 of the Adoption Act, any person who was related to

15 the child as grandparent, great-grandparent, or sibling prior

16 to the adoption shall have standing to bring an action pursuant

17 to this Section requesting visitation with the child.

18 (3) In making a determination under this subsection (a-5),

19 there is a rebuttable presumption that a fit parent's actions

20 and decisions regarding grandparent, great-grandparent, or

21 sibling visitation are not harmful to the child's mental,

22 physical, or emotional health. The burden is on the party

23 filing a petition under this Section to prove that the parent's

24 actions and decisions regarding visitation times are harmful to

25 the child's mental, physical, or emotional health.

26 (4) In determining whether to grant visitation, the court

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1 shall consider the following:

2 (A) the preference of the child if the child is

3 determined to be of sufficient maturity to express a

4 preference;

5 (B) the mental and physical health of the child;

6 (C) the mental and physical health of the grandparent,

7 great-grandparent, or sibling;

8 (D) the length and quality of the prior relationship

9 between the child and the grandparent, great-grandparent,

10 or sibling;

11 (E) the good faith of the party in filing the petition;

12 (F) the good faith of the person denying visitation;

13 (G) the quantity of the visitation time requested and

14 the potential adverse impact that visitation would have on

15 the child's customary activities;

16 (H) whether the child resided with the petitioner for

17 at least 6 consecutive months with or without the current

18 custodian present;

19 (I) whether the petitioner had frequent or regular

20 contact or visitation with the child for at least 12

21 consecutive months;

22 (J) any other fact that establishes that the loss of

23 the relationship between the petitioner and the child is

24 likely to harm the child's mental, physical, or emotional

25 health; and

26 (K) whether the grandparent, great-grandparent, or

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1 sibling was a primary caretaker of the child for a period

2 of not less than 6 consecutive months.

3 (5) The court may order visitation rights for the

4 grandparent, great-grandparent, or sibling that include

5 reasonable access without requiring overnight or possessory

6 visitation.

7 (a-7)(1) Unless by stipulation of the parties, no motion to

8 modify a grandparent, great-grandparent, or sibling visitation

9 order may be made earlier than 2 years after the date the order

10 was filed, unless the court permits it to be made on the basis

11 of affidavits that there is reason to believe the child's

12 present environment may endanger seriously the child's mental,

13 physical, or emotional health.

14 (2) The court shall not modify an order that grants

15 visitation to a grandparent, great-grandparent, or sibling

16 unless it finds by clear and convincing evidence, upon the

17 basis of facts that have arisen since the prior visitation

18 order or that were unknown to the court at the time of entry of

19 the prior visitation, that a change has occurred in the

20 circumstances of the child or his or her custodian, and that

21 the modification is necessary to protect the mental, physical,

22 or emotional health of the child. The court shall state in its

23 decision specific findings of fact in support of its

24 modification or termination of the grandparent,

25 great-grandparent, or sibling visitation. A child's parent may

26 always petition to modify visitation upon changed

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1 circumstances when necessary to promote the child's best

2 interest.

3 (3) Attorney fees and costs shall be assessed against a

4 party seeking modification of the visitation order if the court

5 finds that the modification action is vexatious and constitutes

6 harassment.

7 (4) Notice under this subsection (a-7) shall be given as

8 provided in subsections (c) and (d) of Section 601.

9 (b) (1) (Blank.)

10 (1.5) The Court may grant reasonable visitation privileges

11 to a stepparent upon petition to the court by the stepparent,

12 with notice to the parties required to be notified under

13 Section 601 of this Act, if the court determines that it is in

14 the best interests and welfare of the child, and may issue any

15 necessary orders to enforce those visitation privileges. A

16 petition for visitation privileges may be filed under this

17 paragraph (1.5) whether or not a petition pursuant to this Act

18 has been previously filed or is currently pending if the

19 following circumstances are met:

20 (A) the child is at least 12 years old;

21 (B) the child resided continuously with the parent and

22 stepparent for at least 5 years;

23 (C) the parent is deceased or is disabled and is unable

24 to care for the child;

25 (D) the child wishes to have reasonable visitation with

26 the stepparent; and

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1 (E) the stepparent was providing for the care, control,

2 and welfare to the child prior to the initiation of the

3 petition for visitation.

4 (2)(A) A petition for visitation privileges shall not be

5 filed pursuant to this subsection (b) by the parents or

6 grandparents of a putative father if the paternity of the

7 putative father has not been legally established.

8 (B) A petition for visitation privileges may not be filed

9 under this subsection (b) if the child who is the subject of

10 the grandparents' or great-grandparents' petition has been

11 voluntarily surrendered by the parent or parents, except for a

12 surrender to the Illinois Department of Children and Family

13 Services or a foster care facility, or has been previously

14 adopted by an individual or individuals who are not related to

15 the biological parents of the child or is the subject of a

16 pending adoption petition by an individual or individuals who

17 are not related to the biological parents of the child.

18 (3) (Blank).

19 (c) The court may modify an order granting or denying

20 visitation rights of a parent whenever modification would serve

21 the best interest of the child; but the court shall not

22 restrict a parent's visitation rights unless it finds that the

23 visitation would endanger seriously the child's physical,

24 mental, moral or emotional health.

25 (d) If any court has entered an order prohibiting a

26 non-custodial parent of a child from any contact with a child

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1 or restricting the non-custodial parent's contact with the

2 child, the following provisions shall apply:

3 (1) If an order has been entered granting visitation

4 privileges with the child to a grandparent or

5 great-grandparent who is related to the child through the

6 non-custodial parent, the visitation privileges of the

7 grandparent or great-grandparent may be revoked if:

8 (i) a court has entered an order prohibiting the

9 non-custodial parent from any contact with the child,

10 and the grandparent or great-grandparent is found to

11 have used his or her visitation privileges to

12 facilitate contact between the child and the

13 non-custodial parent; or

14 (ii) a court has entered an order restricting the

15 non-custodial parent's contact with the child, and the

16 grandparent or great-grandparent is found to have used

17 his or her visitation privileges to facilitate contact

18 between the child and the non-custodial parent in a

19 manner that violates the terms of the order restricting

20 the non-custodial parent's contact with the child.

21 Nothing in this subdivision (1) limits the authority of

22 the court to enforce its orders in any manner permitted by

23 law.

24 (2) Any order granting visitation privileges with the

25 child to a grandparent or great-grandparent who is related

26 to the child through the non-custodial parent shall contain

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1 the following provision:

2 "If the (grandparent or great-grandparent, whichever

3 is applicable) who has been granted visitation privileges

4 under this order uses the visitation privileges to

5 facilitate contact between the child and the child's

6 non-custodial parent, the visitation privileges granted

7 under this order shall be permanently revoked."

8 (e) No parent, not granted custody of the child, or

9 grandparent, or great-grandparent, or stepparent, or sibling

10 of any minor child, convicted of any offense involving an

11 illegal sex act perpetrated upon a victim less than 18 years of

12 age including but not limited to offenses for violations of

13 Article 12 of the Criminal Code of 1961, is entitled to

14 visitation rights while incarcerated or while on parole,

15 probation, conditional discharge, periodic imprisonment, or

16 mandatory supervised release for that offense, and upon

17 discharge from incarceration for a misdemeanor offense or upon

18 discharge from parole, probation, conditional discharge,

19 periodic imprisonment, or mandatory supervised release for a

20 felony offense, visitation shall be denied until the person

21 successfully completes a treatment program approved by the

22 court.

23 (f) Unless the court determines, after considering all

24 relevant factors, including but not limited to those set forth

25 in Section 602(a), that it would be in the best interests of

26 the child to allow visitation, the court shall not enter an

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1 order providing visitation rights and pursuant to a motion to

2 modify visitation shall revoke visitation rights previously

3 granted to any person who would otherwise be entitled to

4 petition for visitation rights under this Section who has been

5 convicted of first degree murder of the parent, grandparent,

6 great-grandparent, or sibling of the child who is the subject

7 of the order. Until an order is entered pursuant to this

8 subsection, no person shall visit, with the child present, a

9 person who has been convicted of first degree murder of the

10 parent, grandparent, great-grandparent, or sibling of the

11 child without the consent of the child's parent, other than a

12 parent convicted of first degree murder as set forth herein, or

13 legal guardian.

14 (g) (Blank).

15 (Source: P.A. 96-331, eff. 1-1-10.)

16 (Text of Section after amendment by P.A. 97-659)

17 Sec. 607. Visitation.

18 (a) A parent not granted custody of the child is entitled

19 to reasonable visitation rights unless the court finds, after a

20 hearing, that visitation would endanger seriously the child's

21 physical, mental, moral or emotional health. If the custodian's

22 street address is not identified, pursuant to Section 708, the

23 court shall require the parties to identify reasonable

24 alternative arrangements for visitation by a non-custodial

25 parent, including but not limited to visitation of the minor

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1 child at the residence of another person or at a local public

2 or private facility.

3 (1) "Visitation" means in-person time spent between a

4 child and the child's parent. In appropriate

5 circumstances, it may include electronic communication

6 under conditions and at times determined by the court.

7 (2) "Electronic communication" means time that a

8 parent spends with his or her child during which the child

9 is not in the parent's actual physical custody, but which

10 is facilitated by the use of communication tools such as

11 the telephone, electronic mail, instant messaging, video

12 conferencing or other wired or wireless technologies via

13 the Internet, or another medium of communication.

14 (a-3) Grandparents, great-grandparents, and siblings of a

15 minor child, who is one year old or older, have standing to

16 bring an action in circuit court by petition, requesting

17 visitation in accordance with this Section. The term "sibling"

18 in this Section means a brother, sister, stepbrother, or

19 stepsister of the minor child. Grandparents,

20 great-grandparents, and siblings also have standing to file a

21 petition for visitation and any electronic communication

22 rights in a pending dissolution proceeding or any other

23 proceeding that involves custody or visitation issues,

24 requesting visitation in accordance with this Section. A

25 petition for visitation with a child by a person other than a

26 parent must be filed in the county in which the child resides.

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1 Nothing in this subsection (a-3) and subsection (a-5) of this

2 Section shall apply to a child in whose interests a petition is

3 pending under Section 2-13 of the Juvenile Court Act of 1987 or

4 a petition to adopt an unrelated child is pending under the

5 Adoption Act.

6 (a-5)(1) Except as otherwise provided in this subsection

7 (a-5), any grandparent, great-grandparent, or sibling may file

8 a petition for visitation rights to a minor child if there is

9 an unreasonable denial of visitation by a parent and at least

10 one of the following conditions exists:

11 (A) (Blank);

12 (A-5) the child's other parent is deceased or has been

13 missing for at least 3 months. For the purposes of this

14 Section a parent is considered to be missing if the

15 parent's location has not been determined and the parent

16 has been reported as missing to a law enforcement agency;

17 (A-10) a parent of the child is incompetent as a matter

18 of law;

19 (A-15) a parent has been incarcerated in jail or prison

20 during the 3 month period preceding the filing of the

21 petition;

22 (B) the child's mother and father are divorced or have

23 been legally separated from each other or there is pending

24 a dissolution proceeding involving a parent of the child or

25 another court proceeding involving custody or visitation

26 of the child (other than any adoption proceeding of an

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1 unrelated child) and at least one parent does not object to

2 the grandparent, great-grandparent, or sibling having

3 visitation with the child. The visitation of the

4 grandparent, great-grandparent, or sibling must not

5 diminish the visitation of the parent who is not related to

6 the grandparent, great-grandparent, or sibling seeking

7 visitation;

8 (C) (Blank);

9 (D) the child is born out of wedlock, the parents are

10 not living together, and the petitioner is a maternal

11 grandparent, great-grandparent, or sibling of the child

12 born out of wedlock; or

13 (E) the child is born out of wedlock, the parents are

14 not living together, the petitioner is a paternal

15 grandparent, great-grandparent, or sibling, and the

16 paternity has been established by a court of competent

17 jurisdiction.

18 (2) Any visitation rights granted pursuant to this Section

19 before the filing of a petition for adoption of a child shall

20 automatically terminate by operation of law upon the entry of

21 an order terminating parental rights or granting the adoption

22 of the child, whichever is earlier. If the person or persons

23 who adopted the child are related to the child, as defined by

24 Section 1 of the Adoption Act, any person who was related to

25 the child as grandparent, great-grandparent, or sibling prior

26 to the adoption shall have standing to bring an action pursuant

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1 to this Section requesting visitation with the child.

2 (3) In making a determination under this subsection (a-5),

3 there is a rebuttable presumption that a fit parent's actions

4 and decisions regarding grandparent, great-grandparent, or

5 sibling visitation are not harmful to the child's mental,

6 physical, or emotional health. The burden is on the party

7 filing a petition under this Section to prove that the parent's

8 actions and decisions regarding visitation times are harmful to

9 the child's mental, physical, or emotional health.

10 (4) In determining whether to grant visitation, the court

11 shall consider the following:

12 (A) the preference of the child if the child is

13 determined to be of sufficient maturity to express a

14 preference;

15 (B) the mental and physical health of the child;

16 (C) the mental and physical health of the grandparent,

17 great-grandparent, or sibling;

18 (D) the length and quality of the prior relationship

19 between the child and the grandparent, great-grandparent,

20 or sibling;

21 (E) the good faith of the party in filing the petition;

22 (F) the good faith of the person denying visitation;

23 (G) the quantity of the visitation time requested and

24 the potential adverse impact that visitation would have on

25 the child's customary activities;

26 (H) whether the child resided with the petitioner for

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1 at least 6 consecutive months with or without the current

2 custodian present;

3 (I) whether the petitioner had frequent or regular

4 contact or visitation with the child for at least 12

5 consecutive months;

6 (J) any other fact that establishes that the loss of

7 the relationship between the petitioner and the child is

8 likely to harm the child's mental, physical, or emotional

9 health; and

10 (K) whether the grandparent, great-grandparent, or

11 sibling was a primary caretaker of the child for a period

12 of not less than 6 consecutive months.

13 (5) The court may order visitation rights for the

14 grandparent, great-grandparent, or sibling that include

15 reasonable access without requiring overnight or possessory

16 visitation.

17 (a-7)(1) Unless by stipulation of the parties, no motion to

18 modify a grandparent, great-grandparent, or sibling visitation

19 order may be made earlier than 2 years after the date the order

20 was filed, unless the court permits it to be made on the basis

21 of affidavits that there is reason to believe the child's

22 present environment may endanger seriously the child's mental,

23 physical, or emotional health.

24 (2) The court shall not modify an order that grants

25 visitation to a grandparent, great-grandparent, or sibling

26 unless it finds by clear and convincing evidence, upon the

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1 basis of facts that have arisen since the prior visitation

2 order or that were unknown to the court at the time of entry of

3 the prior visitation, that a change has occurred in the

4 circumstances of the child or his or her custodian, and that

5 the modification is necessary to protect the mental, physical,

6 or emotional health of the child. The court shall state in its

7 decision specific findings of fact in support of its

8 modification or termination of the grandparent,

9 great-grandparent, or sibling visitation. A child's parent may

10 always petition to modify visitation upon changed

11 circumstances when necessary to promote the child's best

12 interest.

13 (3) Attorney fees and costs shall be assessed against a

14 party seeking modification of the visitation order if the court

15 finds that the modification action is vexatious and constitutes

16 harassment.

17 (4) Notice under this subsection (a-7) shall be given as

18 provided in subsections (c) and (d) of Section 601.

19 (b) (1) (Blank.)

20 (1.5) The Court may grant reasonable visitation privileges

21 to a stepparent upon petition to the court by the stepparent,

22 with notice to the parties required to be notified under

23 Section 601 of this Act, if the court determines that it is in

24 the best interests and welfare of the child, and may issue any

25 necessary orders to enforce those visitation privileges. A

26 petition for visitation privileges may be filed under this

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1 paragraph (1.5) whether or not a petition pursuant to this Act

2 has been previously filed or is currently pending if the

3 following circumstances are met:

4 (A) the child is at least 12 years old;

5 (B) the child resided continuously with the parent and

6 stepparent for at least 5 years;

7 (C) the parent is deceased or is disabled and is unable

8 to care for the child;

9 (D) the child wishes to have reasonable visitation with

10 the stepparent; and

11 (E) the stepparent was providing for the care, control,

12 and welfare to the child prior to the initiation of the

13 petition for visitation.

14 (2)(A) A petition for visitation privileges shall not be

15 filed pursuant to this subsection (b) by the parents or

16 grandparents of a putative father if the paternity of the

17 putative father has not been legally established.

18 (B) A petition for visitation privileges may not be filed

19 under this subsection (b) if the child who is the subject of

20 the grandparents' or great-grandparents' petition has been

21 voluntarily surrendered by the parent or parents, except for a

22 surrender to the Illinois Department of Children and Family

23 Services or a foster care facility, or has been previously

24 adopted by an individual or individuals who are not related to

25 the biological parents of the child or is the subject of a

26 pending adoption petition by an individual or individuals who

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1 are not related to the biological parents of the child.

2 (3) (Blank).

3 (c) The court may modify an order granting or denying

4 visitation rights of a parent whenever modification would serve

5 the best interest of the child; but the court shall not

6 restrict a parent's visitation rights unless it finds that the

7 visitation would endanger seriously the child's physical,

8 mental, moral or emotional health.

9 (d) If any court has entered an order prohibiting a

10 non-custodial parent of a child from any contact with a child

11 or restricting the non-custodial parent's contact with the

12 child, the following provisions shall apply:

13 (1) If an order has been entered granting visitation

14 privileges with the child to a grandparent or

15 great-grandparent who is related to the child through the

16 non-custodial parent, the visitation privileges of the

17 grandparent or great-grandparent may be revoked if:

18 (i) a court has entered an order prohibiting the

19 non-custodial parent from any contact with the child,

20 and the grandparent or great-grandparent is found to

21 have used his or her visitation privileges to

22 facilitate contact between the child and the

23 non-custodial parent; or

24 (ii) a court has entered an order restricting the

25 non-custodial parent's contact with the child, and the

26 grandparent or great-grandparent is found to have used

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1 his or her visitation privileges to facilitate contact

2 between the child and the non-custodial parent in a

3 manner that violates the terms of the order restricting

4 the non-custodial parent's contact with the child.

5 Nothing in this subdivision (1) limits the authority of

6 the court to enforce its orders in any manner permitted by

7 law.

8 (2) Any order granting visitation privileges with the

9 child to a grandparent or great-grandparent who is related

10 to the child through the non-custodial parent shall contain

11 the following provision:

12 "If the (grandparent or great-grandparent, whichever

13 is applicable) who has been granted visitation privileges

14 under this order uses the visitation privileges to

15 facilitate contact between the child and the child's

16 non-custodial parent, the visitation privileges granted

17 under this order shall be permanently revoked."

18 (e) No parent, not granted custody of the child, or

19 grandparent, or great-grandparent, or stepparent, or sibling

20 of any minor child, convicted of any offense involving an

21 illegal sex act perpetrated upon a victim less than 18 years of

22 age including but not limited to offenses for violations of

23 Article 12 of the Criminal Code of 1961, is entitled to

24 visitation rights while incarcerated or while on parole,

25 probation, conditional discharge, periodic imprisonment, or

26 mandatory supervised release for that offense, and upon

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1 discharge from incarceration for a misdemeanor offense or upon

2 discharge from parole, probation, conditional discharge,

3 periodic imprisonment, or mandatory supervised release for a

4 felony offense, visitation shall be denied until the person

5 successfully completes a treatment program approved by the

6 court.

7 (f) Unless the court determines, after considering all

8 relevant factors, including but not limited to those set forth

9 in Section 602(a), that it would be in the best interests of

10 the child to allow visitation, the court shall not enter an

11 order providing visitation rights and pursuant to a motion to

12 modify visitation shall revoke visitation rights previously

13 granted to any person who would otherwise be entitled to

14 petition for visitation rights under this Section who has been

15 convicted of first degree murder of the parent, grandparent,

16 great-grandparent, or sibling of the child who is the subject

17 of the order. Until an order is entered pursuant to this

18 subsection, no person shall visit, with the child present, a

19 person who has been convicted of first degree murder of the

20 parent, grandparent, great-grandparent, or sibling of the

21 child without the consent of the child's parent, other than a

22 parent convicted of first degree murder as set forth herein, or

23 legal guardian.

24 (f-5) The court may not award unsupervised visitation to a

25 parent who has been convicted of a felony unless all of the

26 following criteria are first met:

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1 (1) A psychological examination of the parent has been

2 conducted by a qualified individual, and that individual is

3 of the opinion that the parent is a fit person to raise and

4 care for the child.

5 (2) The child consents to an award of unsupervised

6 visitation to the parent.

7 (3) If the child is not legally capable of giving

8 consent to an award of unsupervised visitation to the

9 parent, the child's legal guardian has given such consent.

10 A guardian may not unreasonably withhold his or her consent

11 to an award of unsupervised visitation to the parent.

12 (f-10) If a parent has exercised unsupervised visitation

13 with a child, and if the child alleges that he or she has been a

14 victim of abuse or sexual molestation perpetrated by a person

15 in the home where the unsupervised visitation has taken place,

16 then, upon petition to the court, the court shall immediately

17 suspend the parent's unsupervised visitation with the child and

18 shall direct the Department of Children and Family Services to

19 make a full investigation of the child's allegations. The

20 parent's unsupervised visitation shall remain suspended until

21 the court specifically finds the following:

22 (1) The Department of Children and Family Services has

23 made a full investigation of the child's allegations and

24 has filed a written report of its findings with the court.

25 (2) The Department of Children and Family Services is

26 of the opinion that the home where the unsupervised

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1 visitation took place constitutes a safe home environment

2 for the child.

3 (g) (Blank).

4 (h) Upon motion, the court may allow a parent who is

5 deployed or who has orders to be deployed as a member of the

6 United States Armed Forces to designate a person known to the

7 child to exercise reasonable substitute visitation on behalf of

8 the deployed parent, if the court determines that substitute

9 visitation is in the best interest of the child. In determining

10 whether substitute visitation is in the best interest of the

11 child, the court shall consider all of the relevant factors

12 listed in subsection (a) of Section 602 and apply those factors

13 to the person designated as a substitute for the deployed

14 parent for visitation purposes.

15 (Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12.)

16 Section 95. No acceleration or delay. Where this Act makes

17 changes in a statute that is represented in this Act by text

18 that is not yet or no longer in effect (for example, a Section

19 represented by multiple versions), the use of that text does

20 not accelerate or delay the taking effect of (i) the changes

21 made by this Act or (ii) provisions derived from any other

22 Public Act.