Illinois 95th Regular Session Status: Passed Senate

SB 2827 — PATERNITY-DNA TEST REQUIRED

Last action — Session Sine Die

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

This bill died with 95th Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 Illinois Public Aid Code and the Illinois Parentage Act of 1984. Provides that in a proceeding under the Illinois Parentage Act of 1984, except in a case in which a party is in default, the court shall (instead of may, and upon request of a party shall) order or direct the mother, child, and alleged father to submit to DNA tests; provides an exception if both the mother and the alleged father have signed a waiver stating that (i) they have been informed of the requirement of DNA testing and (ii) they expressly waive that requirement. Provides that the Department of Healthcare and Family Services may not make an administrative determination of paternity, and the court may not enter a judgment of parentage, unless (1) the results of DNA tests of the mother, child, and alleged father have been admitted into evidence (provided that if a party is in default, the results of a DNA test need not be admitted into evidence) or (2) both the mother and the alleged father have signed a waiver stating that they have been informed of the requirement of DNA testing and they expressly waive that requirement. Requires the Department of Healthcare and Family Services to prescribe the form of the waiver and distribute copies of the waiver form to the circuit courts of the State. Effective immediately.

Bill Text

What changed in the latest version

400 added · 458 removed

Plain-language change summary

The revised bill SB 2827 now allows the Illinois Department to establish rules for determining paternity in contested cases, which can simplify the process and make it more accessible. Additionally, when paternity is contested, the Illinois Department will conduct evidentiary hearings rather than relying solely on court procedures, thereby streamlining decision-making. This matters because it could lead to faster resolutions in paternity disputes and ensure that determinations carry the same weight as court judgments. Overall, these changes aim to make the paternity establishment process more efficient and equitable for all parties involved.

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*LRB09519282DRJ45916b* SB2827 95TH GENERAL ASSEMBLY State of Illinois and 2008 SB2827 Introduced 2/15/2008, by Sen.
SB2827 Engrossed LRB095 19282 DRJ 45916 b AN ACT concerning children.
Iris Y.
Martinez SYNOPSIS AS INTRODUCED:
ILCS 5/10-17.7 ILCS 45/11 from Ch.
40, par.
2511 ILCS 45/14 from Ch.
40, par.
2514 Amends the Illinois Public Aid Code and the Illinois Parentage Act of 1984.
Provides that in a proceeding under the Illinois Parentage Act of 1984, except in a case in which a party is in default, the court shall (instead of may, and upon request of a party shall) order or direct the mother, child, and alleged father to submit to DNA tests;
provides an exception if both the mother and the alleged father have signed a waiver stating that (i) they have been informed of the requirement of DNA testing and (ii) they expressly waive that requirement.
Provides that the Department of Healthcare and Family Services may not make an administrative determination of paternity, and the court may not enter a judgment of parentage, unless (1) the results of DNA tests of the mother, child, and alleged father have been admitted into evidence (provided that if a party is in default, the results of a DNA test need not be admitted into evidence) or (2) both the mother and the alleged father have signed a waiver stating that they have been informed of the requirement of DNA testing and they expressly waive that requirement.
Requires the Department of Healthcare and Family Services to prescribe the form of the waiver and distribute copies of the waiver form to the circuit courts of the State.
Effective immediately.
LRB095 19282 DRJ 45916 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB2827 LRB095 19282 DRJ 45916 b AN ACT concerning children.
(a) The Illinois Department may provide by rule for the administrative determination of paternity by the Child and Spouse Support Unit in cases involving applicants for or recipients of financial aid under Article IV of this Act and other persons who are given access to the child support enforcement services of this Article as provided in Section 10-1, including persons similarly situated and receiving similar services in other states.
The Illinois Department may provide by rule for the administrative determination of paternity by the Child and Spouse Support Unit in cases involving applicants for or recipients of financial aid under Article IV of this Act and other persons who are given access to the child support enforcement services of this Article as provided in Section 10-1, including persons similarly situated and receiving similar services in other states.
Any presumption provided for under the Illinois Parentage Act of 1984 shall apply to cases in which paternity is determined under the rules of the SB2827 - 2 - LRB095 19282 DRJ 45916 b Illinois Department.
The Illinois Department’s form for voluntary acknowledgement of paternity shall be the same form prepared by the Illinois Department for use under the SB2827 Engrossed - 2 - LRB095 19282 DRJ 45916 b requirements of Section 12 of the Vital Records Act.
Any presumption provided for under the Illinois Parentage Act of 1984 shall apply to cases in which paternity is determined under the rules of the Illinois Department.
(b) In determining paternity in contested cases, the Illinois Department shall conduct the evidentiary hearing in accordance with Section 11 of the Parentage Act of 1984, except that references in that Section to "the court" shall be deemed to mean the Illinois Department’s hearing officer in cases in which paternity is determined administratively by the Illinois Department.
In determining paternity in contested cases, the Illinois Department shall conduct the evidentiary hearing in accordance with Section 11 of the Parentage Act of 1984, except that references in that Section to "the court" shall be deemed to mean the Illinois Department’s hearing officer in cases in which paternity is determined administratively by the Illinois Department.
(c) Notwithstanding any other provision of this Article, the Illinois Department may not make an administrative determination of paternity under this Section unless:
Notwithstanding any other provision of this Article, a default determination of paternity may be made if service of the notice under Section 10-4 was made by publication under the rules for administrative paternity determination authorized by this Section.
(1) the results of deoxyribonucleic acid (DNA) tests of the mother, child, and alleged father have been admitted into evidence;
The rules as they pertain to service by SB2827 Engrossed - 3 - LRB095 19282 DRJ 45916 b publication shall (i) be based on the provisions of Section 2-206 and 2-207 of the Code of Civil Procedure, (ii) provide for service by publication in cases in which the whereabouts of the alleged father are unknown after diligent location efforts by the Child and Spouse Support Unit, and (iii) provide for publication of a notice of default paternity determination in the same manner that the notice under Section 10-4 was published.
provided that if a party is in default, the results of a DNA test need not be admitted into evidence;
The Illinois Department may implement this Section through the use of emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act.
or SB2827 - 3 - LRB095 19282 DRJ 45916 b (2) both the mother and the alleged father have signed a waiver stating that (i) they have been informed of the requirement of DNA testing under Section 11 of the Illinois Parentage Act of 1984 and (ii) they expressly waive that requirement.
For purposes of the Illinois Administrative Procedure Act, the adoption of rules to implement this Section shall be considered an emergency and necessary for the public interest, safety, and welfare.
A waiver under paragraph (2) of this subsection shall be signed under penalty of perjury and shall be filed with the Illinois Department.
The Illinois Department shall prescribe the form of the waiver.
(d) Notwithstanding any other provision of this Article, a default determination of paternity may be made if service of the notice under Section 10-4 was made by publication under the rules for administrative paternity determination authorized by this Section.
The rules as they pertain to service by publication shall (i) be based on the provisions of Section 2-206 and 2-207 of the Code of Civil Procedure, (ii) provide for service by publication in cases in which the whereabouts of the alleged father are unknown after diligent location efforts by the Child and Spouse Support Unit, and (iii) provide for publication of a notice of default paternity determination in the same manner that the notice under Section 10-4 was published.
(e) The Illinois Department may implement this Section through the use of emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act.
For purposes of the Illinois Administrative Procedure Act, the adoption of SB2827 - 4 - LRB095 19282 DRJ 45916 b rules to implement this Section shall be considered an emergency and necessary for the public interest, safety, and welfare.
The Illinois Parentage Act of 1984 is amended by changing Sections 11 and 14 as follows:
The Vital Records Act is amended by changing Section 12 as follows:
(410 ILCS 535/12) (from Ch.
111 1/2, par.
73-12) Sec.
12.
Live births;
place of registration.
(1) Each live birth which occurs in this State shall be registered with the local or subregistrar of the district in which the birth occurred as provided in this Section, within 7 days after the birth.
When a birth occurs on a moving conveyance, the city, village, township, or road district in SB2827 Engrossed - 4 - LRB095 19282 DRJ 45916 b which the child is first removed from the conveyance shall be considered the place of birth and a birth certificate shall be filed in the registration district in which the place is located.
(2) When a birth occurs in an institution, the person in charge of the institution or his designated representative shall obtain and record all the personal and statistical particulars relative to the parents of the child that are required to properly complete the live birth certificate;
shall secure the required personal signatures on the hospital worksheet;
shall prepare the certificate from this worksheet;
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and shall file the certificate with the local registrar.
The institution shall retain the hospital worksheet permanently or as otherwise specified by rule.
The physician in attendance shall verify or provide the date of birth and medical information required by the certificate, within 24 hours after the birth occurs.
(3) When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:
(a) The physician in attendance at or immediately after the birth, or in the absence of such a person, (b) Any other person in attendance at or immediately after the birth, or in the absence of such a person, (c) The father, the mother, or in the absence of the father and the inability of the mother, the person in SB2827 Engrossed - 5 - LRB095 19282 DRJ 45916 b charge of the premises where the birth occurred.
(4) Unless otherwise provided in this Act, if the mother was not married to the father of the child at either the time of conception or the time of birth, the name of the father shall be entered on the child’s birth certificate only if the mother and the person to be named as the father have signed an acknowledgment of parentage in accordance with subsection (5).
Unless otherwise provided in this Act, if the mother was married at the time of conception or birth and the presumed father (that is, the mother’s husband) is not the biological father of the child, the name of the biological father shall be entered on the child’s birth certificate only if, in accordance with subsection (5), (i) the mother and the person to be named as the father have signed an acknowledgment of parentage and (ii) the mother and presumed father have signed a denial of paternity.
(5) Upon the birth of a child to an unmarried woman, or upon the birth of a child to a woman who was married at the time of conception or birth and whose husband is not the biological father of the child, the institution at the time of birth and the local registrar or county clerk after the birth shall do the following:
(a) Provide (i) an opportunity for the child’s mother and father to sign an acknowledgment of parentage and (ii) if the presumed father is not the biological father, an opportunity for the mother and presumed father to sign a SB2827 Engrossed - 6 - LRB095 19282 DRJ 45916 b denial of paternity.
The signing and witnessing of the acknowledgment of parentage or, if the presumed father of the child is not the biological father, the acknowledgment of parentage and denial of paternity conclusively establishes a parent and child relationship in accordance with Sections 5 and 6 of the Illinois Parentage Act of 1984.
The Department of Healthcare and Family Services shall furnish the acknowledgment of parentage and denial of paternity form to institutions, county clerks, and State and local registrars’ offices.
The form shall include instructions to send the original signed and witnessed acknowledgment of parentage and denial of paternity to the Department of Healthcare and Family Services.
The acknowledgement of paternity and denial of paternity form shall also include a statement informing the mother, the alleged father, and the presumed father, if any, that they have the right to request deoxyribonucleic acid (DNA) tests regarding the issue of the child’s paternity and that by signing the form, they expressly waive such tests.
The statement shall be set forth in bold-face capital letters not less than 0.25 inches in height.
(b) Provide the following documents, furnished by the Department of Healthcare and Family Services, to the child’s mother, biological father, and (if the person presumed to be the child’s father is not the biological SB2827 Engrossed - 7 - LRB095 19282 DRJ 45916 b father) presumed father for their review at the time the opportunity is provided to establish a parent and child relationship:
(i) An explanation of the implications of, alternatives to, legal consequences of, and the rights and responsibilities that arise from signing an acknowledgment of parentage and, if necessary, a denial of paternity, including an explanation of the parental rights and responsibilities of child support, visitation, custody, retroactive support, health insurance coverage, and payment of birth expenses.
(ii) An explanation of the benefits of having a child’s parentage established and the availability of parentage establishment and child support enforcement services.
(iii) A request for an application for child support enforcement services from the Department of Healthcare and Family Services.
(iv) Instructions concerning the opportunity to speak, either by telephone or in person, with staff of the Department of Healthcare and Family Services who are trained to clarify information and answer questions about paternity establishment.
(v) Instructions for completing and signing the acknowledgment of parentage and denial of paternity.
(c) Provide an oral explanation of the documents and SB2827 Engrossed - 8 - LRB095 19282 DRJ 45916 b instructions set forth in subdivision (5)(b), including an explanation of the implications of, alternatives to, legal consequences of, and the rights and responsibilities that arise from signing an acknowledgment of parentage and, if necessary, a denial of paternity.
The oral explanation may be given in person or through the use of video or audio equipment.
(6) The institution, State or local registrar, or county clerk shall provide an opportunity for the child’s father or mother to sign a rescission of parentage.
The signing and witnessing of the rescission of parentage voids the acknowledgment of parentage and nullifies the presumption of paternity if executed and filed with the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) within the time frame contained in Section 5 of the Illinois Parentage Act of 1984.
The Department of Healthcare and Family Services shall furnish the rescission of parentage form to institutions, county clerks, and State and local registrars’ offices.
The form shall include instructions to send the original signed and witnessed rescission of parentage to the Department of Healthcare and Family Services.
(7) An acknowledgment of paternity signed pursuant to Section 6 of the Illinois Parentage Act of 1984 may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party.
Pending outcome of a challenge to the SB2827 Engrossed - 9 - LRB095 19282 DRJ 45916 b acknowledgment of paternity, the legal responsibilities of the signatories shall remain in full force and effect, except upon order of the court upon a showing of good cause.
(8) When the process for acknowledgment of parentage as provided for under subsection (5) establishes the paternity of a child whose certificate of birth is on file in another state, the Department of Healthcare and Family Services shall forward a copy of the acknowledgment of parentage, the denial of paternity, if applicable, and the rescission of parentage, if applicable, to the birth record agency of the state where the child’s certificate of birth is on file.
(9) In the event the parent-child relationship has been established in accordance with subdivision (a)(1) of Section 6 of the Parentage Act of 1984, the names of the biological mother and biological father so established shall be entered on the child’s birth certificate, and the names of the surrogate mother and surrogate mother’s husband, if any, shall not be on the birth certificate.
(Source:
P.A.
95-331, eff.
8-21-07.) Section 15.
The Illinois Parentage Act of 1984 is amended by changing Section 11 as follows:
(a) As soon as practicable, except in a case in which a party is in default, the court or Administrative Hearing Officer in an Expedited Child Support System shall may, and upon request of a party shall, order or direct the mother, child and alleged father to submit to deoxyribonucleic acid (DNA) tests to determine inherited characteristics, unless both the mother and the alleged father have signed a waiver stating that (i) they have been informed of the requirement of DNA testing under this Section and (ii) they expressly waive that requirement.
(a) In any action brought under Section 7 to determine the SB2827 Engrossed - 10 - LRB095 19282 DRJ 45916 b existence of the father and child relationship or to declare the non-existence of the parent and child relationship, the court or Administrative Hearing Officer in an Expedited Child Support System shall, prior to the entry of a judgment in the case, advise the respondent who appears of the right to request an order that the parties and the child submit to deoxyribonucleic acid (DNA) tests to determine inherited characteristics.
The waiver shall be signed under penalty of perjury and shall be filed with the court.
The advisement shall be noted in the record.
The Department of Healthcare and Family Services shall prescribe the form of the waiver and shall distribute copies of the waiver form to the circuit courts of the State.
As soon as practicable, the court or Administrative Hearing Officer in an Expedited Child Support System may, and upon request of a party shall, order or direct the mother, child and alleged father to submit to deoxyribonucleic acid (DNA) tests to determine inherited characteristics.
If any party refuses to submit to the tests, the court may resolve the question of paternity against that party or enforce its order if the rights of others SB2827 - 5 - LRB095 19282 DRJ 45916 b and the interests of justice so require.
If any party refuses to submit to the tests, the court may resolve the question of paternity against that party or enforce its order if the rights of others and the interests of justice so require.
An expert not appointed by the court shall testify at the pre-test hearing at the expense of the party retaining the expert.
An expert not appointed by the court shall SB2827 Engrossed - 11 - LRB095 19282 DRJ 45916 b testify at the pre-test hearing at the expense of the party retaining the expert.
If the test results show that the alleged father is not excluded, any party may demand that other experts, qualified as examiners of blood or tissue types, perform independent tests under order of court, including, but not limited to, blood types or other tests of genetic markers SB2827 - 6 - LRB095 19282 DRJ 45916 b such as those found by Human Leucocyte Antigen (HLA) tests.
If the test results show that the alleged father is not excluded, any party may demand that other experts, qualified as examiners of blood or tissue types, perform independent tests under order of court, including, but not limited to, blood types or other tests of genetic markers such as those found by Human Leucocyte Antigen (HLA) tests.
(e) The report of the test results prepared by the appointed expert shall be made by affidavit or by certification as provided in Section 1-109 of the Code of Civil Procedure and shall be mailed to all parties.
(e) The report of the test results prepared by the appointed expert shall be made by affidavit or by certification as provided in Section 1-109 of the Code of Civil Procedure and SB2827 Engrossed - 12 - LRB095 19282 DRJ 45916 b shall be mailed to all parties.
(f) Tests taken pursuant to this Section shall have the SB2827 - 7 - LRB095 19282 DRJ 45916 b following effect:
(f) Tests taken pursuant to this Section shall have the following effect:
(3) If the tests show that the alleged father is not excluded and that the combined paternity index is less than 500 to 1, this evidence shall be admitted by the court and shall be weighed with other competent evidence of paternity.
(3) If the tests show that the alleged father is not excluded and that the combined paternity index is less than SB2827 Engrossed - 13 - LRB095 19282 DRJ 45916 b 500 to 1, this evidence shall be admitted by the court and shall be weighed with other competent evidence of paternity.
Where the tests are requested by the party seeking to establish paternity and that party is found to be SB2827 - 8 - LRB095 19282 DRJ 45916 b indigent by the court, the expense shall be paid by the public agency providing representation;
Where the tests are requested by the party seeking to establish paternity and that party is found to be indigent by the court, the expense shall be paid by the public agency providing representation;
(i) The compensation of each expert witness appointed by the court shall be paid as provided in subsection (h) of this Section.
SB2827 Engrossed - 14 - LRB095 19282 DRJ 45916 b (i) The compensation of each expert witness appointed by the court shall be paid as provided in subsection (h) of this Section.
Reports of all the independent tests, accompanied by affidavit or certification pursuant to Section 1-109 of the Code of Civil Procedure, and notice of any expert witnesses to be called to testify to the results of those tests shall be submitted to all parties at SB2827 - 9 - LRB095 19282 DRJ 45916 b least 30 days before any hearing set to determine the issue of parentage.
Reports of all the independent tests, accompanied by affidavit or certification pursuant to Section 1-109 of the Code of Civil Procedure, and notice of any expert witnesses to be called to testify to the results of those tests shall be submitted to all parties at least 30 days before any hearing set to determine the issue of parentage.
1-24-95.) (750 ILCS 45/14) (from Ch.
1-24-95.) Section 20.
40, par.
The Criminal Code of 1961 is amended by changing Section 10-5.5 as follows:
2514) Sec.
(720 ILCS 5/10-5.5) Sec.
14.
10-5.5.
Judgment.
Unlawful visitation or parenting time interference.
(a) (1) The judgment shall contain or explicitly reserve provisions concerning any duty and amount of child support and may contain provisions concerning the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, which the court shall determine in accordance with the relevant factors set forth in the Illinois Marriage and Dissolution of Marriage Act and any other applicable law of Illinois, to guide the court in a finding in the best interests of the child.
(a) As used in this Section, the terms "child", "detain", SB2827 Engrossed - 15 - LRB095 19282 DRJ 45916 b and "lawful custodian" shall have the meanings ascribed to them in Section 10-5 of this Code.
In determining custody, joint custody, removal, or visitation, the court shall apply the relevant standards of the Illinois Marriage and Dissolution of Marriage Act, including Section 609.
(b) Every person who, in violation of the visitation, parenting time, or custody time provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation, parenting time, or custody time shall be guilty of unlawful visitation or parenting time interference.
Specifically, in determining the amount of any child support award or child health insurance coverage, the court shall use the guidelines and standards set forth in subsection (a) of Section 505 and in Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act.
(c) A person committing unlawful visitation or parenting time interference is guilty of a petty offense.
For purposes of Section 505 of the Illinois Marriage and Dissolution of Marriage Act, "net income" of the non-custodial parent shall include any benefits available to that person under the SB2827 - 10 - LRB095 19282 DRJ 45916 b Illinois Public Aid Code or from other federal, State or local government-funded programs.
However, any person violating this Section after 2 prior convictions of unlawful visitation interference or unlawful visitation or parenting time interference is guilty of a Class A misdemeanor.
The court shall, in any event and regardless of the amount of the non-custodial parent’s net income, in its judgment order the non-custodial parent to pay child support to the custodial parent in a minimum amount of not less than $10 per month, as long as such an order is consistent with the requirements of Title IV, Part D of the Social Security Act.
(d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear.
In an action brought within 2 years after a child’s birth, the judgment or order may direct either parent to pay the reasonable expenses incurred by either parent related to the mother’s pregnancy and the delivery of the child.
(e) The notice shall:
The judgment or order shall contain the father’s social security number, which the father shall disclose to the court;
(1) be in writing;
however, failure to include the father’s social security number on the judgment or order does not invalidate the judgment or order.
(2) state the name of the person and his address, if known;
(2) If a judgment of parentage contains no explicit award of custody, the establishment of a support obligation or of visitation rights in one parent shall be considered a judgment granting custody to the other parent.
(3) set forth the nature of the offense;
If the parentage judgment contains no such provisions, custody shall be presumed to be with the mother;
(4) be signed by the officer issuing the notice;
however, the presumption shall not apply if the father has had physical custody for at least 6 months prior to the date that the mother seeks to enforce custodial rights.
and (5) request the person to appear before a court at a certain time and place.
(b) The court shall order all child support payments, determined in accordance with such guidelines, to commence with SB2827 - 11 - LRB095 19282 DRJ 45916 b the date summons is served.
(f) Upon failure of the person to appear, a summons or SB2827 Engrossed - 16 - LRB095 19282 DRJ 45916 b warrant of arrest may be issued.
The level of current periodic support payments shall not be reduced because of payments set for the period prior to the date of entry of the support order.
(g) It is an affirmative defense that:
The Court may order any child support payments to be made for a period prior to the commencement of the action.
(1) a person or lawful custodian committed the act to protect the child from imminent physical harm, provided that the defendant’s belief that there was physical harm imminent was reasonable and that the defendant’s conduct in withholding visitation rights, parenting time, or custody time was a reasonable response to the harm believed imminent;
In determining whether and the extent to which the payments shall be made for any prior period, the court shall consider all relevant facts, including the factors for determining the amount of support specified in the Illinois Marriage and Dissolution of Marriage Act and other equitable factors including but not limited to:
(2) the act was committed with the mutual consent of all parties having a right to custody and visitation of the child or parenting time with the child;
(1) The father’s prior knowledge of the fact and circumstances of the child’s birth.
or (3) the act was otherwise authorized by law.
(2) The father’s prior willingness or refusal to help raise or support the child.
(h) A person convicted of unlawful visitation or parenting time interference shall not be subject to a civil contempt citation for the same conduct for violating visitation, parenting time, or custody time provisions of a court order issued under the Illinois Marriage and Dissolution of Marriage Act.
(3) The extent to which the mother or the public agency bringing the action previously informed the father of the child’s needs or attempted to seek or require his help in raising or supporting the child.
(4) The reasons the mother or the public agency did not file the action earlier.
(5) The extent to which the father would be prejudiced by the delay in bringing the action.
For purposes of determining the amount of child support to be paid for any period before the date the order for current child support is entered, there is a rebuttable presumption that the father’s net income for the prior period was the same SB2827 - 12 - LRB095 19282 DRJ 45916 b as his net income at the time the order for current child support is entered.
If (i) the non-custodial parent was properly served with a request for discovery of financial information relating to the non-custodial parent’s ability to provide child support, (ii) the non-custodial parent failed to comply with the request, despite having been ordered to do so by the court, and (iii) the non-custodial parent is not present at the hearing to determine support despite having received proper notice, then any relevant financial information concerning the non-custodial parent’s ability to provide child support that was obtained pursuant to subpoena and proper notice shall be admitted into evidence without the need to establish any further foundation for its admission.
(c) Any new or existing support order entered by the court under this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder, each judgment to be in the amount of each payment or installment of support and each such judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order.
Each judgment shall have the full force, effect and attributes of any other judgment of this State, including the ability to be enforced.
A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent.
SB2827 - 13 - LRB095 19282 DRJ 45916 b (d) If the judgment or order of the court is at variance with the child’s birth certificate, the court shall order that a new birth certificate be issued under the Vital Records Act.
(e) On request of the mother and the father, the court shall order a change in the child’s name.
After hearing evidence the court may stay payment of support during the period of the father’s minority or period of disability.
(e-5) The court may not enter a judgment of parentage unless:
(1) the results of deoxyribonucleic acid (DNA) tests of the mother, child, and alleged father have been admitted into evidence;
provided that if a party is in default, the results of a DNA test need not be admitted into evidence;
or (2) both the mother and the alleged father have signed a waiver stating that (i) they have been informed of the requirement of DNA testing under Section 11 of this Act and (ii) they expressly waive that requirement.
A waiver under paragraph (2) of this subsection shall be signed under penalty of perjury and shall be filed with the court.
The Department of Healthcare and Family Services shall prescribe the form of the waiver and shall distribute copies of the waiver form to the circuit courts of the State.
(f) If, upon a showing of proper service, the father fails to appear in court, or otherwise appear as provided by law, the court may proceed to hear the cause upon testimony of the SB2827 - 14 - LRB095 19282 DRJ 45916 b mother or other parties taken in open court and shall enter a judgment by default.
The court may reserve any order as to the amount of child support until the father has received notice, by regular mail, of a hearing on the matter.
(g) A one-time charge of 20% is imposable upon the amount of past-due child support owed on July 1, 1988 which has accrued under a support order entered by the court.
The charge shall be imposed in accordance with the provisions of Section 10-21 of the Illinois Public Aid Code and shall be enforced by the court upon petition.
(h) All orders for support, when entered or modified, shall include a provision requiring the non-custodial parent to notify the court and, in cases in which party is receiving child support enforcement services under Article X of the Illinois Public Aid Code, the Department of Healthcare and Family Services, within 7 days, (i) of the name and address of any new employer of the non-custodial parent, (ii) whether the non-custodial parent has access to health insurance coverage through the employer or other group coverage and, if so, the policy name and number and the names of persons covered under the policy, and (iii) of any new residential or mailing address or telephone number of the non-custodial parent.
In any subsequent action to enforce a support order, upon a sufficient showing that a diligent effort has been made to ascertain the location of the non-custodial parent, service of process or provision of notice necessary in the case may be made at the SB2827 - 15 - LRB095 19282 DRJ 45916 b last known address of the non-custodial parent in any manner expressly provided by the Code of Civil Procedure or this Act, which service shall be sufficient for purposes of due process.
(i) An order for support shall include a date on which the current support obligation terminates.
The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18.
However, if the child will not graduate from high school until after attaining the age of 18, then the termination date shall be no earlier than the earlier of the date on which the child’s high school graduation will occur or the date on which the child will attain the age of 19.
The order for support shall state that the termination date does not apply to any arrearage that may remain unpaid on that date.
Nothing in this subsection shall be construed to prevent the court from modifying the order or terminating the order in the event the child is otherwise emancipated.
(i-5) If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) equal to at least one month’s support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or SB2827 - 16 - LRB095 19282 DRJ 45916 b delinquency.
That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency.
The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for enforcement and collection of child support, including but not limited to income withholding under the Income Withholding for Support Act.
Each order for support entered or modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a statement notifying the parties of the requirements of this subsection.
Failure to include the statement in the order for support does not affect the validity of the order or the operation of the provisions of this subsection with regard to the order.
This subsection shall not be construed to prevent or affect the establishment or modification of an order for support of a minor child or the establishment or modification of an order for support of a non-minor child or educational expenses under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.
(j) An order entered under this Section shall include a provision requiring the obligor to report to the obligee and to the clerk of court within 10 days each time the obligor obtains new employment, and each time the obligor’s employment is terminated for any reason.
The report shall be in writing and shall, in the case of new employment, include the name and address of the new employer.
Failure to report new employment SB2827 - 17 - LRB095 19282 DRJ 45916 b or the termination of current employment, if coupled with nonpayment of support for a period in excess of 60 days, is indirect criminal contempt.
For any obligor arrested for failure to report new employment bond shall be set in the amount of the child support that should have been paid during the period of unreported employment.
An order entered under this Section shall also include a provision requiring the obligor and obligee parents to advise each other of a change in residence within 5 days of the change except when the court finds that the physical, mental, or emotional health of a party or that of a minor child, or both, would be seriously endangered by disclosure of the party’s address.
94-923, eff.
88-96.) Section 99.
1-1-07;
94-1061, eff.
1-1-07;
95-331, eff.
8-21-07.) Section 99.
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Action History

  1. Session Sine Die

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

  3. Placed on Calendar Order of Non-Concurrence House Amendment(s) 1

  4. Senate Non-Concurs 01

  5. House Committee Amendment No. 1 Motion to Non-Concur Filed with Secretary Sen. Iris Y. Martinez

  6. Placed on Calendar Order of Concurrence House Amendment(s) 01-May 27, 2008

  7. Secretary's Desk - Concurrence House Amendment(s) 01

  8. Third Reading - Short Debate - Passed 109-000-000

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

  10. Second Reading - Short Debate

  11. Placed on Calendar 2nd Reading - Short Debate

  12. Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 013-000-000

  13. House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote

  14. House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee

  15. Committee Deadline Extended-Rule 9(b) May 23, 2008

  16. Assigned to Judiciary I - Civil Law Committee

  17. Added Alternate Chief Co-Sponsor Rep. Paul D. Froehlich

  18. Alternate Chief Sponsor Changed to Rep. John A. Fritchey

  19. Referred to Rules Committee

  20. First Reading

  21. Chief House Sponsor Rep. Paul D. Froehlich

  22. Placed on Calendar Order of First Reading

  23. Arrived in House

  24. Third Reading - Passed; 052-000-000

  25. Placed on Calendar Order of 3rd Reading

  26. Senate Floor Amendment No. 3 Adopted; Martinez-Dillard

  27. Recalled to Second Reading

  28. Senate Floor Amendment No. 3 Recommend Do Adopt Judiciary Civil Law; 008-000-000

  29. Senate Floor Amendment No. 3 Rules Refers to Judiciary Civil Law

  30. Senate Floor Amendment No. 3 Referred to Rules

  31. Senate Floor Amendment No. 3 Filed with Secretary by Sen. Iris Y. Martinez; -Dillard

  32. Placed on Calendar Order of 3rd Reading April 2, 2008

  33. Second Reading

  34. Placed on Calendar Order of 2nd Reading April 1, 2008

  35. Do Pass as Amended Judiciary Civil Law; 010-000-000

  36. Senate Committee Amendment No. 2 Adopted

  37. Senate Committee Amendment No. 1 Adopted

  38. Senate Committee Amendment No. 2 Rules Refers to Judiciary Civil Law

  39. Senate Committee Amendment No. 1 Rules Refers to Judiciary Civil Law

  40. Senate Committee Amendment No. 2 Referred to Rules

  41. Senate Committee Amendment No. 2 Filed with Secretary by Sen. Iris Y. Martinez

  42. Senate Committee Amendment No. 1 Referred to Rules

  43. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Iris Y. Martinez

  44. Held in Judiciary Civil Law

  45. Assigned to Judiciary Civil Law

  46. Referred to Rules

  47. First Reading

  48. Filed with Secretary by Sen. Iris Y. Martinez

Sponsors

  • Iris Y. Martinez · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (0)

None.

Co-sponsors (1)

  • Iris Y. Martinez

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"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

Votes

Third Reading

Passed 109 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 97008
Republican 4000
Democrat 8001
Total 109009
% of votes cast 92%0%0%8%
How each member voted (118)
Member Party Vote
Hamos — Yea
Holbrook — Yea
Nekritz — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Mautino — Yea
McAuliffe — Yea
McCarthy — Yea
Meyer — Yea
Moffitt — Yea
Molaro — Yea
Munson — Yea
Myers — Yea
McGuire — Yea
Patterson — Yea
Bradley, John — Yea
Tryon — Yea
Turner — Yea
Brady — Yea
Mitchell, Bill — Yea
Verschoore — Yea
Wait — Yea
Mitchell, Jerry — Yea
Winters — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Harris — Yea
Hernandez — Yea
Howard — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Froehlich — Yea
Golar — Yea
Graham — Yea
Granberg — Yea
Hassert — Yea
Jakobsson — Yea
Davis, Monique — Yea
Madigan — Yea
Bradley, Richard — Not Voting
Watson — Not Voting
Pihos — Yea
Washington — Not Voting
Yarbrough — Yea
Younge — Yea
Currie — Yea
D'Amico — Yea
Dunn — Not Voting
Jefferies — Not Voting
Jefferson — Yea
Kosel — Yea
Osmond — Yea
Osterman — Not Voting
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Not Voting
Schock — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Black — Not Voting
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Mendoza — Yea
Mulligan — Yea
Fritchey — Yea
Gordon — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Not Voting
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 52 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 43006
Democrat 9000
Republican 0001
Total 52007
% of votes cast 88%0%0%12%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Lauzen — Yea
Link — Yea
Maloney — Yea
Meeks — Not Voting
Brady — Yea
Millner — Yea
Noland — Yea
Pankau — Yea
Peterson — Yea
Sullivan — Yea
Radogno — Yea
Munoz — Yea
Schoenberg — Not Voting
Silverstein — Yea
Steans — Yea
Trotter — Yea
Cullerton — Yea
Watson — Yea
Jacobs — Yea
Viverito — Yea
Jones, J. — Yea
Wilhelmi — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Not Voting
Forby — Yea
Frerichs — Yea
Garrett — Not Voting
Haine — Yea
Hendon — Yea
Hultgren — Yea
Kotowski — Yea
Raoul — Yea
Righter — Not Voting
Risinger — Yea
Rutherford — Yea
Sandoval — Not Voting
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2827 do?
Amends the Illinois Public Aid Code and the Illinois Parentage Act of 1984. Provides that in a proceeding under the Illinois Parentage Act of 1984, except in a case in which a party is in default, the court shall (instead of may, and upon request of a party shall) order or direct the mother, child, and alleged father to submit to DNA tests; provides an exception if both the mother and the alleged father have signed a waiver stating that (i) they have been informed of the requirement of DNA testing and (ii) they expressly waive that requirement. Provides that the Department of Healthcare and Family Services may not make an administrative determination of paternity, and the court may not enter a judgment of parentage, unless (1) the results of DNA tests of the mother, child, and alleged father have been admitted into evidence (provided that if a party is in default, the results of a DNA test need not be admitted into evidence) or (2) both the mother and the alleged father have signed a waiver stating that they have been informed of the requirement of DNA testing and they expressly waive that requirement. Requires the Department of Healthcare and Family Services to prescribe the form of the waiver and distribute copies of the waiver form to the circuit courts of the State. Effective immediately.
Who sponsors SB 2827?
SB 2827 is sponsored by Iris Y. Martinez.
What is the current status of SB 2827?
This bill died with 95th Regular Session. It reached “Passed Senate” 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 SB 2827?
Track SB 2827 free on One Click Politics — get push/email alerts when it moves.

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