Illinois 96th Regular Session Status: Enacted

HB 2290 — PROBATE-WARD STERILIZATION

Last action — Public Act . . . . . . . . . 96-0272

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

This bill has been enacted into law. Introduced February 18, 2009. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Probate Act of 1975. Provides that a guardian shall not consent to a ward's sterilization without a court order, but a court order is not required if a procedure is medically necessary to preserve the ward's life or prevent a serious impairment even though it may result in sterilization. Provides that if the motion of a guardian seeking to consent to a ward's sterilization shows that sterilization is warranted, the court shall appoint a guardian ad litem, who shall be an attorney or a qualified disabilities or mental illness advocate. Provides that the court may appoint counsel for the ward, and shall do so upon the ward's request, if the ward objects to sterilization, or the ward's position is adverse to the guardian ad litem. Provides that the court shall advise the ward of his or her right to appointed counsel. Provides for a medical and psychological evaluation to assess the ward's capacity concerning sterilization. Provides that the court shall determine if the ward has the capacity to consent to sterilization by considering whether the ward is able to understand the relationship between sexual activity and reproduction; reproduction consequences; and sterilization. Provides that the ward shall not be deemed to lack capacity solely on the basis of a disability. Provides that if the court finds that the ward has capacity to consent, and the ward objects or consents, the court shall enter an order based on the ward's decision. If the court finds that the ward does not have capacity and has no clear desire for sterilization, the court shall apply standards. Provides that those standards include that the court shall not authorize sterilization unless the court clearly finds that the ward lacks decisional capacity, is fertile, and capable of procreation; the benefits outweigh the harm; less intrusive alternatives were considered; and sterilization is in the ward's best interest, considering trauma or psychological damage if he or she had a child. Provides that the court shall consider if the ward is sexually active, the ability of the ward to understand reproduction and contraception, and other factors relative to the ward's best interest. Includes other provisions.

Bill Text

What changed in the latest version

6 added · 6 removed

Plain-language change summary

The latest version of Bill HB 2290 has replaced the term "Engrossed" with "Enrolled" in the document. This change typically indicates that the bill has moved forward in the legislative process and is now in its final form before being sent for approval. This matters because the "Enrolled" designation signifies that the bill is ready for enactment, marking an important step toward becoming law.

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HB2290 Engrossed LRB096 07455 AJO 17547 b AN ACT concerning civil law.
HB2290 Enrolled LRB096 07455 AJO 17547 b AN ACT concerning civil law.
The guardian ad litem will notify the ward of the motion in the manner set HB2290 Engrossed - 2 - LRB096 07455 AJO 17547 b forth in subsection (c) of this Section.
The guardian ad litem will notify the ward of the motion in the manner set HB2290 Enrolled - 2 - LRB096 07455 AJO 17547 b forth in subsection (c) of this Section.
Outside the presence of the guardian, the guardian ad litem shall also attempt to elicit the ward's position concerning the motion, and any other areas of inquiry HB2290 Engrossed - 3 - LRB096 07455 AJO 17547 b deemed appropriate by the court.
Outside the presence of the guardian, the guardian ad litem shall also attempt to elicit the ward's position concerning the motion, and any other areas of inquiry HB2290 Enrolled - 3 - LRB096 07455 AJO 17547 b deemed appropriate by the court.
The evaluation shall address the ward's HB2290 Engrossed - 4 - LRB096 07455 AJO 17547 b decision making capacity with respect to the proposed sterilization, the existence of any less permanent alternatives, and any other material issue.
The evaluation shall address the ward's HB2290 Enrolled - 4 - LRB096 07455 AJO 17547 b decision making capacity with respect to the proposed sterilization, the existence of any less permanent alternatives, and any other material issue.
If the ward is expressing a clear desire for the proposed sterilization, the court's decision HB2290 Engrossed - 5 - LRB096 07455 AJO 17547 b regarding the proposed sterilization shall be made in accordance with the standards set forth in subsection (e) of Section 11a-17 of this Act.
If the ward is expressing a clear desire for the proposed sterilization, the court's decision HB2290 Enrolled - 5 - LRB096 07455 AJO 17547 b regarding the proposed sterilization shall be made in accordance with the standards set forth in subsection (e) of Section 11a-17 of this Act.
(A) The possibility that the ward will experience HB2290 Engrossed - 6 - LRB096 07455 AJO 17547 b trauma or psychological damage if he or she has a child and, conversely, the possibility of trauma or psychological damage from the proposed sterilization.
(A) The possibility that the ward will experience HB2290 Enrolled - 6 - LRB096 07455 AJO 17547 b trauma or psychological damage if he or she has a child and, conversely, the possibility of trauma or psychological damage from the proposed sterilization.
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Action History

  1. Public Act . . . . . . . . . 96-0272

  2. Effective Date January 1, 2010

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 050-000-000

  7. Placed on Calendar Order of 3rd Reading May 15, 2009

  8. Second Reading

  9. Placed on Calendar Order of 2nd Reading May 7, 2009

  10. Do Pass Judiciary; 010-000-000

  11. Added as Alternate Co-Sponsor Sen. Matt Murphy

  12. Added as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff

  13. Postponed - Judiciary

  14. Added as Alternate Chief Co-Sponsor Sen. Michael Noland

  15. Assigned to Judiciary

  16. Referred to Assignments

  17. First Reading

  18. Chief Senate Sponsor Sen. Heather Steans

  19. Placed on Calendar Order of First Reading

  20. Arrive in Senate

  21. Third Reading - Short Debate - Passed 111-001-001

  22. Added Co-Sponsor Rep. Al Riley

  23. Added Co-Sponsor Rep. Julie Hamos

  24. Added Co-Sponsor Rep. Elizabeth Coulson

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

  26. Second Reading - Short Debate

  27. Added Co-Sponsor Rep. Michael J. Zalewski

  28. Placed on Calendar 2nd Reading - Short Debate

  29. Do Pass / Short Debate Judiciary I - Civil Law Committee; 017-000-000

  30. Added Co-Sponsor Rep. Linda Chapa LaVia

  31. Added Co-Sponsor Rep. Esther Golar

  32. Added Chief Co-Sponsor Rep. Sidney H. Mathias

  33. Added Chief Co-Sponsor Rep. Barbara Flynn Currie

  34. Added Chief Co-Sponsor Rep. Lou Lang

  35. Added Chief Co-Sponsor Rep. JoAnn D. Osmond

  36. Assigned to Judiciary I - Civil Law Committee

  37. Referred to Rules Committee

  38. First Reading

  39. Filed with the Clerk by Rep. Kathleen A. Ryg

Sponsors

  • Kathleen A. Ryg · Cosponsor
  • Matt Murphy · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

  • Kathleen A. Ryg
  • Matt Murphy

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"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 50 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 41008
Republican 0001
Total 50009
% of votes cast 85%0%0%15%
How each member voted (59)
Member Party Vote
Hultgren — Not Voting
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Steans — Yea
Demuzio — Yea
Jacobs — Yea
Dillard — Yea
Duffy — Yea
Hutchinson — Yea
Munoz — Yea
Jones, J. — Yea
Kotowski — Yea
Brady — Yea
Sullivan — Yea
Lauzen — Yea
Luechtefeld — Yea
Maloney — Not Voting
McCarter — Not Voting
Cullerton — Yea
Noland — Yea
Radogno — Yea
Silverstein — Not Voting
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Not Voting
Crotty — Yea
Dahl — Yea
DeLeo — Not Voting
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Not Voting
Link — Yea
Althoff — Yea
Martinez — Not Voting
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 →

Third Reading

Passed 111 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 97105
Democrat 11000
Republican 3001
Total 111106
% of votes cast 94%1%0%5%
How each member voted (118)
Member Party Vote
Myers — Yea
Jackson — Yea
Jefferson — Yea
Davis, Monique — Yea
Reitz — Yea
Lang — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Mendoza — Yea
Lyons — Yea
Moffitt — Yea
Mulligan — Yea
Nekritz — Yea
Thapedi — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Sullivan — Yea
Burke — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Gordon, Jehan — Yea
Hannig — Yea
Harris — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Fortner — Yea
Franks — Yea
Froehlich — Yea
Golar — Yea
Graham — Yea
Hamos — Yea
Kosel — Yea
Madigan — Not Voting
Watson — Yea
Hernandez — Yea
Phelps — Yea
Howard — Yea
Pihos — Yea
Tryon — Not Voting
Washington — Yea
Winters — Yea
Yarbrough — Yea
Gordon, Careen — Not Voting
Zalewski — Yea
Colvin — Yea
Connelly — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Flowers — Nay
Fritchey — Not Voting
Hatcher — Yea
Holbrook — Yea
Jakobsson — Yea
Osmond — Yea
Osterman — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Senger — Yea
Sommer — Yea
Soto — Yea
Leitch — Not Voting
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Burns — Yea
McAsey — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker 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 Yea
Brad Stephens Republican Yea
Chapin Rose Republican Not Voting
Chris Miller Republican Yea
Jil Tracy Republican Yea

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 HB 2290 do?
Amends the Probate Act of 1975. Provides that a guardian shall not consent to a ward's sterilization without a court order, but a court order is not required if a procedure is medically necessary to preserve the ward's life or prevent a serious impairment even though it may result in sterilization. Provides that if the motion of a guardian seeking to consent to a ward's sterilization shows that sterilization is warranted, the court shall appoint a guardian ad litem, who shall be an attorney or a qualified disabilities or mental illness advocate. Provides that the court may appoint counsel for the ward, and shall do so upon the ward's request, if the ward objects to sterilization, or the ward's position is adverse to the guardian ad litem. Provides that the court shall advise the ward of his or her right to appointed counsel. Provides for a medical and psychological evaluation to assess the ward's capacity concerning sterilization. Provides that the court shall determine if the ward has the capacity to consent to sterilization by considering whether the ward is able to understand the relationship between sexual activity and reproduction; reproduction consequences; and sterilization. Provides that the ward shall not be deemed to lack capacity solely on the basis of a disability. Provides that if the court finds that the ward has capacity to consent, and the ward objects or consents, the court shall enter an order based on the ward's decision. If the court finds that the ward does not have capacity and has no clear desire for sterilization, the court shall apply standards. Provides that those standards include that the court shall not authorize sterilization unless the court clearly finds that the ward lacks decisional capacity, is fertile, and capable of procreation; the benefits outweigh the harm; less intrusive alternatives were considered; and sterilization is in the ward's best interest, considering trauma or psychological damage if he or she had a child. Provides that the court shall consider if the ward is sexually active, the ability of the ward to understand reproduction and contraception, and other factors relative to the ward's best interest. Includes other provisions.
Who sponsors HB 2290?
HB 2290 is sponsored by Kathleen A. Ryg and Matt Murphy.
What is the current status of HB 2290?
This bill has been enacted into law. Introduced February 18, 2009. Enacted.
Where can I track HB 2290?
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