HB 5523 — SEX OFFENDER LOSE CHILD CUSTDY

Summary

Creates the Protection of Children Related to Sex Offenders Act. Provides that a "sex offender" or "sexual predator", as defined in the Sex Offender Registration Act, is barred from having custody of or visitation with his or her own children, grandchildren, or great-grandchildren, living with minor children, serving as a guardian for a minor child, or serving as a foster parent. Amends the Unified Code of Corrections. Provides that a defendant, convicted of an offense that qualifies the defendant for the designation of "sex offender" or "sexual predator" under the Sex Offender Registration Act, is ordered by the court to not live with or have custody or visitation with any minor children. Provides that the circuit clerk obtains from a defendant convicted of an offense included in the Sex Offender Registration Act the names and addresses of the defendant's spouse, former spouse, adult children, minor children, stepchildren, or wards and parents of the defendant's minor grandchildren, great-grandchildren, or stepchildren, or wards. Provides that the circuit clerk notifies the defendant's spouse, former spouse, adult children, parents of the defendant's minor grandchildren, great-grandchildren, or stepchildren, and any person with whom the defendant had a child if that child is now a minor, of the conviction and the court order prohibiting custody, visitation or residing with minors. Amends the Sex Offender Registration Act. Provides that before a sex offender or sexual predator is released from a correctional facility or otherwise released, the offender or predator must read and sign a form acknowledging the receipt of the court order prohibiting the offender or predator from having custody or visitation with minors receiving an explanation of the order, and verifying that the order was explained to the sex offender or sexual predator. Provides that when a sex offender or sexual predator registers that the sheriff, Chicago Police Department, or the chief of police, the sex offender or sexual predator shall provide information about any minor relatives or about any minor with whom the person resides and, if no order exists that, pursuant to the Protection of Children Related to Sex Offenders Act, bars the sex offender or sexual predator from custody, visitation, or sharing a residence with any minor child, the sheriff, Chicago Police Department, or the chief of police shall advise the State's attorney for that county about the lack of a court order, so that the States' attorney can obtain a court order against the person under the Protection of Children Related to Sex Offenders Act to protect minor children. Amends the Adoption Act. Provides that no sex offender or sexual predator may adopt a child or reside with, have custody of, or visitation with any minor that the person adopted.

Bill Text

• Introduced View text Current html

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill creates the Protection of Children Related to Sex Offenders Act, imposing restrictions on sex offenders regarding custody and visitation with minors.

• 730 ILCS 5/5-5-3

  Following the conviction of a defendant of an offense included in the list of offenses contained in the definition of "sex offender" or the definition of "sexual predator" in the Sex Offender Registration Act, the court shall enter an order that, pursuant to this Act, prohibits the defendant from that day forward, notwithstanding a judgment of dissolution of marriage, any court order concerning custody of or visitation with a minor child of whom the defendant is a parent, grandparent, or great-grandparent, from doing any of the following: (a) living in the same dwelling unit with any minor child of whom the defendant is a parent, grandparent, or great-grandparent; (b) visiting at any location, with any minor child of whom the defendant is a parent, grandparent, or great-grandparent; (c) living in the same dwelling unit with another person and that other person’s minor child; (d) visiting, at any location, any minor child or exercising any visitation rights with a minor child; (e) serving as a guardian of the person, guardian of the estate, or plenary guardian of a minor child; (f) petitioning any court for the adoption of, the temporary custody of, or visitation with any minor child; or (g) serving as a "foster parent", as defined in the Foster Parent Law, of any minor child.

  Court orders a sex offender to be barred from living or having visitation with minors.

• 730 ILCS 150/3

  No person after conviction for an offense included in the definitions of "sex offender" or "sexual predator" may petition for or obtain custody of or visitation with any minor child of whom the defendant is a parent, grandparent, great-grandparent, stepparent, or guardian in any legal proceeding for dissolution of marriage, concerning custody, paternity, domestic violence, guardianship, adoption, foster care, or in any other proceeding concerning a minor child under Illinois law.

  Prohibits sex offenders from obtaining custody or visitation rights in various legal proceedings.

• 730 ILCS 150/4

  The court shall determine whether the defendant has any minor children, grandchildren, or great-grandchildren, any adult children, any minor step-children, any minor wards of which the defendant is a guardian, and whether any minor child occupies any part of the defendant’s dwelling; and if so, the court shall obtain information about each person.

  Requires the court to gather information about minors related to a convicted sex offender.

• 750 ILCS 50/1

  No sex offender or sexual predator may adopt a child or reside with, have custody of, or visitation with any minor that the person adopted.

  Bars sex offenders from adopting or having contact with minors they have adopted.

• 750 ILCS 50/2

  The notice of conviction shall include the defendant's name and address, a statement that the defendant was convicted of a crime that is included in the definitions of "sex offender" or "sexual predator", the name and nature of the offense of which the defendant was convicted, and a statement that the court entered an order barring the defendant from having custody of or visitation with any minor child.

  Mandates that notifications about convictions include detailed information about the offense and restrictions.

Action History

1. January 09, 2007

   Session Sine Die

2. February 01, 2006

   Chief Sponsor Changed to Rep. Harry R. Ramey, Jr.

3. January 31, 2006

   Chief Sponsor Changed to Rep. Brent Hassert

4. January 27, 2006

   Referred to Rules Committee

5. January 27, 2006

   First Reading

6. January 27, 2006

   Filed with the Clerk by Rep. Jim Durkin

Sponsors

• Jr. Harry R. Ramey · Cosponsor

Subjects