Bill Amendment: IL SB0732 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CIVIL LAW-TECH

Status: 2021-05-31 - Rule 3-9(a) / Re-referred to Assignments [SB0732 Detail]

Download: Illinois-2021-SB0732-Senate_Amendment_001.html

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Sen. Rachelle Crowe

Filed: 4/16/2021

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AMENDMENT TO SENATE BILL 732
AMENDMENT NO. ______. Amend Senate Bill 732 by replacing
everything after the enacting clause with the following:
"Section 5. The Probate Act of 1975 is amended by changing
Sections 1-2.19 and 11a-17.1 and by adding Section 1-2.25 as
follows:
(755 ILCS 5/1-2.19) (from Ch. 110 1/2, par. 1-2.19)
Sec. 1-2.19. Words importing the masculine, feminine, or
neuter gender include each of the other genders where
applicable.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.25 new)
Sec. 1-2.25. Fertile. "Fertile" means a person who is able
to impregnate a person or be impregnated by another person
without assisted reproduction.

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(755 ILCS 5/11a-17.1)
Sec. 11a-17.1. Sterilization of ward.
(a) A guardian of the person shall not consent to the
sterilization of the ward without first obtaining an order
from the court granting the guardian the authority to provide
consent. For purposes of this Article XIa, "sterilization"
means any procedure that has as its purpose rendering the ward
permanently incapable of reproduction; provided, however, that
an order from the court is not required for a procedure that is
medically necessary to preserve the life of the ward or to
prevent serious impairment to the health of the ward and which
may result in sterilization.
(b) A guardian seeking authority to consent to the
sterilization of the ward shall seek such authority by filing
a verified motion. The verified motion shall allege facts
which demonstrate that the proposed sterilization is warranted
under subsection (f), (g) or (h) of this Section. The guardian
ad litem will notify the ward of the motion in the manner set
forth in subsection (c) of this Section.
(c) Upon the filing of a verified motion for authority to
consent to sterilization, the court shall appoint a guardian
ad litem to report to the court consistent with the provisions
of this Section. If the guardian ad litem is not a licensed
attorney, he or she shall be qualified, by training or
experience, to work with or advocate for persons with a

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developmental disability, mental illness, physical disability,
or disability because of mental deterioration, depending on
the type of disability of the ward that is alleged in the
motion. The court may allow the guardian ad litem reasonable
compensation. The guardian ad litem may consult with a person
who by training or experience is qualified to work with
persons with a developmental disability, mental illness,
physical disability, or disability because of mental
deterioration, depending on the type of disability of the ward
that is alleged. The guardian ad litem may also consult with
health care providers knowledgeable about reproductive health
matters including sterilization, other forms of contraception,
and childbirth. Outside the presence of the guardian, the
guardian ad litem shall personally observe the ward prior to
the hearing and shall inform the ward orally and in writing of
the contents of the verified motion for authority to consent
to sterilization. Outside the presence of the guardian, the
guardian ad litem shall also attempt to elicit the ward's
position concerning the motion, and any other areas of inquiry
deemed appropriate by the court. At or before the hearing, the
guardian ad litem shall file a written report detailing his or
her observations of the ward; the responses of the ward to any
of the inquiries detailed in this Section; the opinion of the
guardian ad litem and any other professionals with whom the
guardian ad litem consulted concerning the ward's
understanding of and desire for or objection to, as well as

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what is in the ward's best interest relative to,
sterilization, other forms of contraception, and childbirth;
and any other material issue discovered by the guardian ad
litem. The guardian ad litem shall appear at the hearing and
testify, and may present witnesses, as to any issues presented
in his or her report.
(d) The court shall (1) may appoint counsel for the ward if
the court finds that the interests of the ward will be best
served by the appointment, and (2) shall appoint counsel upon
the ward's request, if the ward is objecting to the proposed
sterilization, or if the ward takes a position adverse to that
of the guardian ad litem. The ward shall be permitted to obtain
the appointment of counsel either at the hearing or by any
written or oral request communicated to the court prior to the
hearing. The court shall inform the ward of this right to
obtain appointed counsel. The court may allow counsel for the
ward reasonable compensation.
(e) The court shall order a medical and psychological
evaluation of the ward. The evaluation shall address the
ward's decision making capacity with respect to the proposed
sterilization, the existence of any less permanent
alternatives, and any other material issue.
(f) The court shall determine, as a threshold inquiry,
whether the ward has capacity to consent or withhold consent
to the proposed sterilization and, if the ward lacks such
capacity, whether the ward is likely to regain such capacity.

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The ward shall not be deemed to lack such capacity solely on
the basis of the adjudication of disability and appointment of
a guardian. In determining capacity, the court shall consider
whether the ward is able, after being provided appropriate
information, to understand the relationship between sexual
activity and reproduction; the consequences of reproduction;
and the nature and consequences of the proposed sterilization
procedure. If the court finds that (1) the ward has capacity to
consent or withhold consent to the proposed sterilization, and
(2) the ward objects or consents to the procedure, the court
shall enter an order consistent with the ward's objection or
consent and the proceedings on the verified motion shall be
terminated.
(g) If the court finds that the ward does not have capacity
to consent or withhold consent to the proposed sterilization
and is unlikely to regain such capacity, the court shall
determine whether the ward is expressing a clear desire for
the proposed sterilization. If the ward is expressing a clear
desire for the proposed sterilization, the court's decision
regarding the proposed sterilization shall be made in
accordance with the standards set forth in subsection (e) of
Section 11a-17 of this Act.
(h) If the court finds that the ward does not have capacity
to consent or withhold consent to the proposed sterilization
and is unlikely to regain such capacity, and that the ward is
not expressing a clear desire for the proposed sterilization,

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the court shall consider the standards set forth in subsection
(e) of Section 11a-17 of this Act and enter written findings of
fact and conclusions of law addressing those standards. The
sex of the ward shall not be a motivating factor in the court's
decision. In addition, the court shall not authorize the
guardian to consent to the proposed sterilization unless the
court finds, by clear and convincing evidence beyond a
reasonable doubt and based on written findings of fact and
conclusions of law, that all of the following factors are
present:
(1) The ward lacks decisional capacity regarding the
proposed sterilization.
(2) The ward is fertile and capable of procreation.
(3) The benefits to the ward of the proposed
sterilization outweigh the harm.
(4) The court has considered less intrusive
alternatives and found them to be inadequate in this case.
(5) The proposed sterilization is in the best interest
of the ward. In considering the ward's best interest, the
court shall consider the following factors:
(A) The possibility that the ward will experience
trauma or psychological damage if he or she has a child
and, conversely, the possibility of trauma or
psychological damage from the proposed sterilization.
(B) The ward is or is likely to become sexually
active.

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(C) The inability of the ward to understand
reproduction or contraception and the likely
permanence of that inability.
(D) Any other factors that assist the court in
determining the best interest of the ward relative to
the proposed sterilization.
(Source: P.A. 96-272, eff. 1-1-10.)".