Bill Amendment: IL HB4050 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: PROBATE-REPORT

Status: 2020-06-23 - House Committee Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB4050 Detail]

Download: Illinois-2019-HB4050-House_Amendment_003.html

---

Rep. Daniel Didech

Filed: 3/6/2020

10100HB4050ham003 LRB101 12906 LNS 71331 a
AMENDMENT TO HOUSE BILL 4050
AMENDMENT NO. ______. Amend House Bill 4050 by replacing
everything after the enacting clause with the following:
"Section 5. The Probate Act of 1975 is amended by changing
Sections 11a-1 and 11a-9 as follows:
(755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)
Sec. 11a-1. Definitions. Developmental disability
defined.) As used in this Act:
"Developmental disability" means a disability that is
attributable to an intellectual disability or a related
condition.
"Intellectual disability" means significantly subaverage
general intellectual functioning existing concurrently with
deficits in adaptive behavior and manifested before the age of
22 years.
"Related condition" means a condition that:

10100HB4050ham003 - 2 - LRB101 12906 LNS 71331 a
(1) is attributable to cerebral palsy, epilepsy, or any
other condition, other than mental illness, found to be
closely related to an intellectual disability because that
condition results in impairment of general intellectual
functioning or adaptive behavior similar to that of
individuals with an intellectual disability, and requires
treatment or services similar to those required for those
individuals. For purposes of this Act, autism is considered
a related condition;
(2) is manifested before the individual reaches age 22;
(3) is likely to continue indefinitely; and
(4) results in substantial functional limitation in 3
or more of the following areas of major life activity:
self-care, language, learning, mobility, self-direction,
and capacity for independent living. "Developmental
disability" means a disability which is attributable to:
(a) an intellectual disability, cerebral palsy, epilepsy
or autism; or to (b) any other condition which results in
impairment similar to that caused by an intellectual
disability and which requires services similar to those
required by persons with intellectual disabilities. Such
disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a
substantial disability.
(Source: P.A. 99-143, eff. 7-27-15.)

10100HB4050ham003 - 3 - LRB101 12906 LNS 71331 a
(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
Sec. 11a-9. Report.)
(a) The petition for adjudication of disability and for
appointment of a guardian should be accompanied by a report
which contains (1) a description of the nature and type of the
respondent's disability and an assessment of how the disability
impacts on the ability of the respondent to make decisions or
to function independently; (2) an analysis and results of
evaluations of the respondent's mental and physical condition
and, where appropriate, educational condition, adaptive
behavior and social skills, which have been performed within 3
months of the date of the filing of the petition, or, in the
case of an intellectual disability, a psychological evaluation
of the respondent that has been performed by a clinical
psychologist licensed under the Clinical Psychologist
Licensing Act, within one year of the date of the filing of the
petition; (3) an opinion as to whether guardianship is needed,
the type and scope of the guardianship needed, and the reasons
therefor; (4) a recommendation as to the most suitable living
arrangement and, where appropriate, treatment or habilitation
plan for the respondent and the reasons therefor; (5) the name,
business address, business telephone number, and signatures of
all persons who performed the evaluations upon which the report
is based, one of whom shall be a licensed physician, or may, in
the case of the an intellectual disability, be a clinical
psychologist licensed under the Clinical Psychologist

10100HB4050ham003 - 4 - LRB101 12906 LNS 71331 a
Licensing Act, and a statement of the certification, license,
or other credentials that qualify the evaluators who prepared
the report.
(b) If for any reason no report accompanies the petition,
the court shall order appropriate evaluations to be performed
by a qualified person or persons and a report prepared and
filed with the court at least 10 days prior to the hearing.
(b-5) Upon oral or written motion by the respondent or the
guardian ad litem or upon the court's own motion, the court
shall appoint one or more independent experts to examine the
respondent. Upon the filing with the court of a verified
statement of services rendered by the expert or experts, the
court shall determine a reasonable fee for the services
performed. If the respondent is unable to pay the fee, the
court may enter an order upon the petitioner to pay the entire
fee or such amount as the respondent is unable to pay. However,
in cases where the Office of State Guardian is the petitioner,
consistent with Section 30 of the Guardianship and Advocacy
Act, no expert services fees shall be assessed against the
Office of the State Guardian.
(c) Unless the court otherwise directs, any report prepared
pursuant to this Section shall not be made part of the public
record of the proceedings but shall be available to the court
or an appellate court in which the proceedings are subject to
review, to the respondent, the petitioner, the guardian, and
their attorneys, to the respondent's guardian ad litem, and to

10100HB4050ham003 - 5 - LRB101 12906 LNS 71331 a
such other persons as the court may direct.
(Source: P.A. 98-1094, eff. 1-1-15.)".