Illinois 93rd Regular Session Status: Passed House

HB 5385 — GUARDIANSHIP-ADVOCACY-TECH

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Guardianship and Advocacy Act. Makes a technical change in a Section concerning the short title of the Act.

Bill Text

What changed in the latest version

85 added · 19 removed

Plain-language change summary

The amendments to Bill HB 5385 clarify the requirements for who can serve as a guardian for minors. Specifically, while individuals with felony convictions are typically disqualified, the amended version allows the court to appoint such individuals if it is in the minor's best interests, considering factors like the nature and date of the offense. This change is important because it opens the door for potentially qualified guardians who have made past mistakes but are now capable of providing a supportive and nurturing environment for the minor. It acknowledges that rehabilitation and the context of offenses can be relevant in guardianship decisions.

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HB5385 *LRB09317063DRJ42727b* 93RD GENERAL ASSEMBLY State of Illinois and 2004 Introduced 02/06/04, by Michael J.
HB5385 Engrossed LRB093 17063 DRJ 42727 b AN ACT concerning estates.
Madigan SYNOPSIS AS INTRODUCED:
ILCS 3955/1 from Ch.
91 1/2, par.
701 Amends the Guardianship and Advocacy Act.
Makes a technical change in a Section concerning the short title of the Act.
LRB093 17063 DRJ 42727 b A BILL FOR HB5385 LRB093 17063 DRJ 42727 b AN ACT concerning guardianship and advocacy.
The Guardianship and Advocacy Act is amended by changing Section 1 as follows:
The Probate Act of 1975 is amended by changing Sections 11-3 and 11a-5 as follows:
(20 ILCS 3955/1) (from Ch.
(755 ILCS 5/11-3) (from Ch.
91 1/2, par.
110 1/2, par.
701) Sec.
11-3) Sec.
1.
11-3.
This Act shall be known and may be cited as the Guardianship and Advocacy Act.
Who may act as guardian.
(a) A person who has attained the age of 18 years, is a resident of the United States, is not of unsound mind, is not an adjudged disabled person as defined in this Act, has not been convicted of a felony, and who the court finds is capable of providing an active and suitable program of guardianship for the minor is qualified to act as guardian of the person and as guardian of the estate if the court finds that the proposed guardian is capable of providing an active and suitable program of guardianship for the minor and that the proposed guardian:
(1) has attained the age of 18 years;
(2) is a resident of the United States;
(3) is not of unsound mind;
(4) is not an adjudged disabled person as defined in this Act;
and (5) has not been convicted of a felony, unless the court finds appointment of the person convicted of a felony to be in the minor’s best interests, and as part of the best interest determination, the court has considered the nature of the offense, the date of offense, and the evidence of the proposed guardian’s rehabilitation.
No person shall be appointed who has been convicted of a felony, including a felony sexual offense, involving harm or threat to a child.
One person may be appointed guardian of the person and another person appointed guardian of the estate.
HB5385 Engrossed - 2 - LRB093 17063 DRJ 42727 b (b) The Department of Human Services or the Department of Children and Family Services may with the approval of the court designate one of its employees to serve without fees as guardian of the estate of a minor patient in a State mental hospital or a resident in a State institution when the value of the personal estate does not exceed $1,000.
80-1487.)
89-507, eff.
7-1-97;
90-430, eff.
8-16-97;
90-472, eff.
8-17-97.) (755 ILCS 5/11a-5) (from Ch.
110 1/2, par.
11a-5) Sec.
11a-5.
Who may act as guardian.
(a) A person who has attained the age of 18 years, is a resident of the United States, is not of unsound mind, is not an adjudged disabled person as defined in this Act, has not been convicted of a felony, and who the court finds is capable of providing an active and suitable program of guardianship for the disabled person is qualified to act as guardian of the person and as guardian of the estate of a disabled person if the court finds that the proposed guardian is capable of providing an active and suitable program of guardianship for the disabled person and that the proposed guardian:
(1) has attained the age of 18 years;
(2) is a resident of the United States;
(3) is not of unsound mind;
(4) is not an adjudged disabled person as defined in this Act;
and (5) has not been convicted of a felony, unless the court finds appointment of the person convicted of a felony to be in the disabled person’s best interests, and as part of the best interest determination, the court has considered the nature of the offense, the date of offense, and the evidence of the proposed guardian’s rehabilitation.
No person shall be appointed who has been convicted of a felony, including a felony sexual offense, involving harm or threat to an elderly or disabled person.
(b) Any public agency, or not-for-profit corporation found HB5385 Engrossed - 3 - LRB093 17063 DRJ 42727 b capable by the court of providing an active and suitable program of guardianship for the disabled person, taking into consideration the nature of such person’s disability and the nature of such organization’s services, may be appointed guardian of the person or of the estate, or both, of the disabled person.
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The court shall not appoint as guardian an agency which is directly providing residential services to the ward.
One person or agency may be appointed guardian of the person and another person or agency appointed guardian of the estate.
(c) Any corporation qualified to accept and execute trusts in this State may be appointed guardian of the estate of a disabled person.
(Source:
P.A.
90-430, eff.
8-16-97;
90-472, eff.
8-17-97.) Section 99.
Effective date.
This Act takes effect upon becoming law.
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Placed on Calendar Order of 3rd Reading - Short Debate

  4. House Floor Amendment No. 1 Adopted by Voice Vote

  5. House Floor Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 011-001-000

  6. Held on Calendar Order of Second Reading - Short Debate

  7. Recalled to Second Reading - Short Debate

  8. Placed on Calendar Order of 3rd Reading - Short Debate

  9. Approved for Consideration Rules Committee; 004-000-000

  10. Third Reading Deadline Extended - Rule 9(b) May 31, 2004

  11. Rule 19(a) / Re-referred to Rules Committee

  12. Placed on Calendar Order of 3rd Reading - Short Debate

  13. Second Reading - Short Debate

  14. Added Co-Sponsor Rep. Patricia Bailey

  15. Added Co-Sponsor Rep. William Delgado

  16. Added Co-Sponsor Rep. Sara Feigenholtz

  17. Added Co-Sponsor Rep. Arthur L. Turner

  18. Added Co-Sponsor Rep. Constance A. Howard

  19. Added Co-Sponsor Rep. Sidney H. Mathias

  20. Added Co-Sponsor Rep. Barbara Flynn Currie

  21. House Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee

  22. House Floor Amendment No. 1 Referred to Rules Committee

  23. House Floor Amendment No. 1 Filed with Clerk by Rep. Eddie Washington

  24. Chief Sponsor Changed to Rep. Eddie Washington

  25. Placed on Calendar 2nd Reading - Short Debate

  26. Approved for Consideration Rules Committee; 004-000-000

  27. Rule 19(a) / Re-referred to Rules Committee

  28. Held on Calendar Order of Second Reading - Short Debate **

  29. Second Reading - Short Debate

  30. Placed on Calendar 2nd Reading - Short Debate **

  31. Do Pass / Short Debate Executive Committee; 011-000-000

  32. Committee Deadline Extended-Rule 9(b) April 2, 2004

  33. Assigned to Executive Committee

  34. Referred to Rules Committee

  35. First Reading

  36. Filed with the Clerk by Rep. Michael J. Madigan

Sponsors

  • Eddie Washington · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Eddie Washington

Not signed on (182)

182 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does HB 5385 do?
Amends the Guardianship and Advocacy Act. Makes a technical change in a Section concerning the short title of the Act.
Who sponsors HB 5385?
HB 5385 is sponsored by Eddie Washington.
What is the current status of HB 5385?
This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 5385?
Track HB 5385 free on One Click Politics — get push/email alerts when it moves.

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