ISBA Statehouse Review: New Parentage Act, Marriage rewrite signed into law
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers The Parentage Act of 2015 (Public Act 99-85), IMDMA Rewrite (Public Act 99-90), Uniform Interstate Depositions and Discovery Act (Public Act 99-79), Citation to discover assets (Public Act 99-93), Property fraud alert system (Public Act 99-75), Juvenile sentencing (Public Act 99-69) and Temporary guardians (Public Act 99-70). More information on each bill is available below the video.
The Parentage Act of 2015. Public Act 99-85 (Kelly Burke, D-Oak Lawn; Mulroe, D-Chicago) is a rewrite of the Illinois Parentage Act modeled after the uniform act from the Uniform Law Commission. It regulates establishment of a parent-child relationship, authorizes genetic testing, establishes procedures regarding parentage of a child of assisted reproduction, and provides for establishment of child-support obligations. A summary of this Act by Matthew Hector in the July 2015 Illinois Bar Journal may be found at this link. Effective January 1, 2016.
IMDMA Rewrite. Public Act 99-90 (Mulroe, D-Chicago; Kelly Burke, D-Oak Lawn) is a major rewrite of the Illinois Marriage and Dissolution of Marriage Act. It amends every part of the IMDMA, including relocation, educational expenses, and changes the terminology from custody and visitation to parenting time. A summary of this Act by Matthew Hector in the July 2015 Illinois Bar Journal may be found at this link. Effective January 1, 2016.
Uniform Interstate Depositions and Discovery Act. Public Act 99-79 (Barickman, R-Bloomington; Andersson, R-Geneva) establishes a simple, clerical procedure in which a subpoena from an out-of-state court is reissued as a discovery subpoena in Illinois. Effective January 1, 2016.
Citation to discover assets. Public Act 99-93 (Silverstein, D-Chicago; Jehan Gordon-Booth) expands its reach to compel appearance before the court of any person whom the petitioner believes may be liable to the estate of a ward under any civil cause of action. Also expands the statute to include “assets” in the person’s possession or control or that were previously in the person’s possession or control. Effective January 1, 2016.
Property fraud alert system. Public Act 99-75 (Greg Harris, D-Chicago; Cunningham, D-Chicago) provides that in a county that has a property-fraud alert system, a county recorder may create a registration form to register a property owner on the county’s property fraud alert system. A real estate professional may file the registration form with the recorder on behalf of a property owner. Real estate professionals must register with the county recorder before filing the registration forms on behalf of property owners. Effective January 1, 2016
Juvenile sentencing. Public Act 99-69 (Currie, D-Chicago; Harmon, D-Oak Park) codifies the U.S. Supreme Court’s holding in Miller v. Alabama that a mandatory sentence of natural life without parole to a person under 18 years of age is a violation of the 8th amendment’s cruel and unusual punishment clause. The bill’s application is prospective only. Effective January 1, 2016.
Temporary guardians. Public Act 99-70 (David Harris, R-Arlington Heights; Stadelman, D-Rockford) amends the Probate Act of 1975 to provide that a temporary guardian has the limited powers and duties (instead of “all of the powers and duties”) of a guardian of the person or of the estate that are specifically enumerated in the court order. Effective January 1, 2016.
All of these public acts may be found at the Illinois General Assembly’s website at www.ilga.gov