Child Law

(Dillard, R-Westmont) amends the Probate Act of 1975 to provide that an adopted child is not a child of a natural parent whose parental rights were terminated by the adoption (rather than that an adopted child is not a child of a natural parent), nor is the child a descendant of a natural parent or of any lineal or collateral kindred of a natural parent, unless specified conditions apply. Just introduced and referred to the Senate Committee on Assignments for referral to a substantive committee.

(Morthland, R-Moline) Makes three changes to the IMDMA. (1) It prohibits a court from awarding either sole custody or joint custody to a parent who has been convicted of any felony unless these criteria are met. (a) A psychological examination of the parent has been conducted by a qualified individual who gives an opinion that the parent is a fit person to raise and care for the child. (b) The child or the child's legal guardian has consented to an award of custody to the parent. (2) Prohibits a court from awarding unsupervised visitation to a parent who has been convicted of a felony unless the same criteria are met. (3) Requires 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. Introduced and referred to House Rules Committee for assignment to a substantive committee.

(DeLuca, D-Chicago) creates the Class 3 felony of making a false statement to obtain an order of protection or civil no contact order by knowingly making or causing to be made any false statement intending the statement to be relied upon in issuing or enforcing an order of protection or civil no contact order. If a person is convicted of this new crime, prior orders are vacated and records expunged. If the statement was not material to the issuance of the order, then the court must modify the order to the extent justice requires. Referred to House Rules Committee for assignment to a substantive committee.

(DeLuca, D-Chicago) requires that the court order the expungement of records of an emergency order s(unless the person violated the order) from the court's records and from the State Police's LEADS data base if: (1) the person who sought the emergency order fails to seek a plenary order of protection before the emergency order expires; (2) there is an agreed dismissal; or (3) the court denies the issuance of a plenary order of protection following the emergency order. Referred to House Rules Committee for assignment to a substantive committee.

(Costello, D-Belleville) sets forth filing and notification requirements for judicially registering an administrative support order. Provides that a nonregistering party seeking to contest enforcement of a registered administrative support order must (1) request a hearing within 30 days after the date of service of notice of the registration; and (2) the party seeking to do this or vacate the registration has the burden of proving one or more specified defenses. Assigned to House Rules Committee for referral to a substantive committee.

(D'Amico, D-Chicago) prohibits a driver from using an "electronic communication device" while driving a motor vehicle unless it complies with one of the current statutory exemptions, such as hands-free or voice-activated. Introduced yesterday.

(Nekritz, D-Des Plaines) creates two exemptions from prosecution for eavesdropping. (1) Allows a citizen to record a law enforcement officer performing public duties in a public place. To do so now is a Class 1 felony. (2) If a business entity records or listens under the telemarketing or solicitation exemption, the consumer may record as well. Introduced yesterday.