99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB0497

Introduced , by Rep. Natalie A. Manley

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Pension Code, the School Code, the Illinois Insurance Code, the Health Maintenance Organization Act, the Voluntary Health Services Plans Act, the Illinois Public Aid Code, the Crime Victims Compensation Act, the Illinois Marriage and Dissolution of Marriage Act, the Emancipation of Minors Act, the Adoption Act, the Religious Freedom and Marriage Fairness Act, the Probate Act of 1975, and the Line of Duty Compensation Act. Replaces references to children born out of wedlock with references to nonmarital children and a reference to children born in wedlock with a reference to marital children. Prohibits the use of the word "nonmarital" in an adoption proceeding. Adds the word "marital" to a list

of terms that refer to or
denote the spousal relationship.

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PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning children.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Pension Code is amended by changing

5 Sections 1-104.2 and 15-129 as follows:

6 (40 ILCS 5/1-104.2) (from Ch. 108 1/2, par. 1-104.2)

7 Sec. 1-104.2. Beginning January 1, 1986, nonmarital

8 children ~~not conceived in lawful wedlock~~ shall be entitled to

9 the same benefits as other children, and no child's or

10 survivor's benefit shall be disallowed because of the fact that

11 the child is a nonmarital child ~~was born out of wedlock~~;

12 however, in cases where the father is the employee parent,

13 paternity must first be established. Paternity may be

14 established by any one of the following means: (1)

15 acknowledgment by the father, or (2) adjudication before or

16 after the death of the father, or (3) any other means

17 acceptable to the board of trustees of the pension fund or

18 retirement system.

19 (Source: P.A. 94-229, eff. 1-1-06.)

20 (40 ILCS 5/15-129) (from Ch. 108 1/2, par. 15-129)

21 Sec. 15-129. Child.

22 "Child": The child of a participant or an annuitant,

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1 including a nonmarital child ~~born out of wedlock~~, a stepchild

2 who has been such for not less than 1 year immediately

3 preceding the death of the participant or annuitant, and an

4 adopted child.

5 (Source: P.A. 94-229, eff. 1-1-06; 95-279, eff. 1-1-08.)

6 Section 10. The School Code is amended by changing Section

7 27-9.1 as follows:

8 (105 ILCS 5/27-9.1) (from Ch. 122, par. 27-9.1)

9 Sec. 27-9.1. Sex Education.

10 (a) In this Section:

11 "Adapt" means to modify an evidence-based program model for

12 use with a particular demographic, ethnic, linguistic, or

13 cultural group.

14 "Age appropriate" means suitable to particular ages or age

15 groups of children and adolescents, based on the developing

16 cognitive, emotional, and behavioral capacity typical for the

17 age or age group.

18 "Evidence-based program" means a program for which

19 systematic, empirical research or evaluation has provided

20 evidence of effectiveness.

21 "Medically accurate" means verified or supported by the

22 weight of research conducted in compliance with accepted

23 scientific methods and published in peer-reviewed journals, if

24 applicable, or comprising information recognized as accurate,

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1 objective, and complete.

2 (a-5) No pupil shall be required to take or participate in

3 any class or course in comprehensive sex education if his

4 parent or guardian submits written objection thereto, and

5 refusal to take or participate in such course or program shall

6 not be reason for suspension or expulsion of such pupil. Each

7 class or course in comprehensive sex education offered in any

8 of grades 6 through 12 shall include instruction on both

9 abstinence and contraception for the prevention of pregnancy

10 and sexually transmitted diseases, including HIV/AIDS. Nothing

11 in this Section prohibits instruction in sanitation, hygiene or

12 traditional courses in biology.

13 (b) All public school classes that teach sex education and

14 discuss sexual intercourse in grades 6 through 12 shall

15 emphasize that abstinence from sexual intercourse is a

16 responsible and positive decision and is the only protection

17 that is 100% effective against unwanted teenage pregnancy,

18 sexually transmitted diseases, and acquired immune deficiency

19 syndrome (AIDS) when transmitted sexually.

20 (c) All classes that teach sex education and discuss sexual

21 intercourse in grades 6 through 12 shall satisfy the following

22 criteria:

23 (1) Course material and instruction shall be

24 developmentally and age appropriate, medically accurate,

25 and complete.

26 (1.5) Course material and instruction shall replicate

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1 evidence-based programs or substantially incorporate

2 elements of evidence-based programs.

3 (2) Course material and instruction shall teach honor

4 and respect for monogamous heterosexual marriage.

5 (3) Course material and instruction shall place

6 substantial emphasis on both abstinence, including

7 abstinence until marriage, and contraception for the

8 prevention of pregnancy and sexually transmitted diseases

9 among youth and shall stress that abstinence is the ensured

10 method of avoiding unintended pregnancy, sexually

11 transmitted diseases, and HIV/AIDS.

12 (4) Course material and instruction shall include a

13 discussion of the possible emotional and psychological

14 consequences of preadolescent and adolescent sexual

15 intercourse and the consequences of unwanted adolescent

16 pregnancy.

17 (5) Course material and instruction shall stress that

18 sexually transmitted diseases are serious possible hazards

19 of sexual intercourse. Pupils shall be provided with

20 statistics based on the latest medical information citing

21 the failure and success rates of condoms in preventing AIDS

22 and other sexually transmitted diseases.

23 (6) Course material and instruction shall advise

24 pupils of the laws pertaining to their financial

25 responsibility to marital and nonmarital children ~~born in~~

26 ~~and out of wedlock~~.

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1 (7) Course material and instruction shall advise

2 pupils of the circumstances under which it is unlawful for

3 males to have sexual relations with females under the age

4 of 18 to whom they are not married pursuant to Article 11

5 of the Criminal Code of 2012.

6 (8) Course material and instruction shall teach pupils

7 to not make unwanted physical and verbal sexual advances

8 and how to say no to unwanted sexual advances. Pupils shall

9 be taught that it is wrong to take advantage of or to

10 exploit another person. The material and instruction shall

11 also encourage youth to resist negative peer pressure.

12 (9) (Blank).

13 (10) Course material and instruction shall teach

14 pupils about the dangers associated with drug and alcohol

15 consumption during pregnancy.

16 (d) An opportunity shall be afforded to individuals,

17 including parents or guardians, to examine the instructional

18 materials to be used in such class or course.

19 (e) The State Board of Education shall make available

20 resource materials, with the cooperation and input of the

21 agency that administers grant programs consistent with

22 criteria (1) and (1.5) of subsection (c) of this Section, for

23 educating children regarding sex education and may take into

24 consideration the curriculum on this subject developed by other

25 states, as well as any other curricular materials suggested by

26 education experts and other groups that work on sex education

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1 issues. Materials may include without limitation model sex

2 education curriculums and sexual health education programs.

3 The State Board of Education shall make these resource

4 materials available on its Internet website. School districts

5 that do not currently provide sex education are not required to

6 teach sex education. If a sex education class or course is

7 offered in any of grades 6 through 12, the school district may

8 choose and adapt the developmentally and age-appropriate,

9 medically accurate, evidence-based, and complete sex education

10 curriculum that meets the specific needs of its community.

11 (Source: P.A. 97-1150, eff. 1-25-13; 98-441, eff. 1-1-14.)

12 Section 15. The Illinois Insurance Code is amended by

13 changing Section 356i as follows:

14 (215 ILCS 5/356i) (from Ch. 73, par. 968i)

15 Sec. 356i. Medical assistance; coverage of child.

16 (a) In this Section, "Medicaid" means medical assistance

17 authorized under Section 1902 of the Social Security Act.

18 (b) An individual or group policy of accident and health

19 insurance that is delivered or issued for delivery to any

20 person in this State or renewed or amended may not contain any

21 provision which limits or excludes payments of hospital or

22 medical benefits coverage to or on behalf of the insured

23 because the insured or any covered dependent is eligible for or

24 receiving Medicaid benefits in this or any other state.

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1 (c) To the extent that payment for covered expenses has

2 been made under Article V, VI, or VII of the Illinois Public

3 Aid Code for health care services provided to an individual, if

4 a third party has a legal liability to make payments for those

5 health care services, the State is considered to have acquired

6 the rights of the individual to payment.

7 (d) If a child is covered under an accident and health

8 insurance policy issued to the child's noncustodial parent, the

9 issuer of the policy shall do all of the following:

10 (1) Provide necessary information to the child's

11 custodial parent to enable the child to obtain benefits

12 under that coverage.

13 (2) Permit the child's custodial parent (or the

14 provider, with the custodial parent's approval) to submit

15 claims for payment for covered services without the

16 approval of the noncustodial parent.

17 (3) Make payments on claims submitted in accordance

18 with paragraph (2) directly to the custodial parent, the

19 provider of health care services, or the state Medicaid

20 agency.

21 (e) An insurer may not deny enrollment of a child under the

22 accident and health insurance coverage of the child's parent on

23 any of the following grounds:

24 (1) The child is a nonmarital child ~~was born out of~~

25 ~~wedlock~~.

26 (2) The child is not claimed as a dependent on the

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1 parent's federal income tax return.

2 (3) The child does not reside with the parent or in the

3 insurer's service area.

4 (f) If a parent is required by a court or administrative

5 order to provide accident and health insurance coverage for a

6 child and the parent is insured under a plan that offers

7 coverage for eligible dependents, the insurer, upon receiving a

8 copy of the order, shall:

9 (1) Upon application, permit the parent to add to the

10 parent's coverage such a child who is otherwise eligible

11 for that coverage, without regard to any enrollment season

12 restrictions.

13 (2) Add the child to the parent's coverage upon

14 application of the child's other parent, the state agency

15 administering the Medicaid program, or the state agency

16 administering a program for enforcing child support and

17 establishing paternity under 42 U.S.C. 651 through 669 (or

18 another child support enforcement program), if the parent

19 is covered but fails to apply for coverage for the child.

20 (g) An insurer may not impose, on a state agency that has

21 been assigned the rights of a covered individual who receives

22 Medicaid benefits, requirements that are different from

23 requirements applicable to an assignee of any other individual

24 covered under the same insurance policy.

25 (h) Nothing in subsections (e) and (f) prevents an insurer

26 from denying any such application if the child is not eligible

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1 for coverage according to the insurer's medical underwriting

2 standards.

3 (i) The insurer may not eliminate coverage of such a child

4 unless the insurer is provided satisfactory written evidence of

5 either of the following:

6 (1) The court or administrative order is no longer in

7 effect.

8 (2) The child is or will be covered under a comparable

9 health care plan obtained by the parent under such order

10 and that coverage is currently in effect or will take

11 effect not later than the date the prior coverage is

12 terminated.

13 (Source: P.A. 89-183, eff. 1-1-96.)

14 Section 20. The Health Maintenance Organization Act is

15 amended by changing Section 4-2 as follows:

16 (215 ILCS 125/4-2) (from Ch. 111 1/2, par. 1408.2)

17 Sec. 4-2. Medical assistance; coverage of child.

18 (a) In this Section, "Medicaid" means medical assistance

19 authorized under Section 1902 of the Social Security Act.

20 (b) A contract or evidence of coverage delivered, issued

21 for delivery, renewed, or amended by a Health Maintenance

22 Organization may not contain any provision which limits or

23 excludes payments of health care services to or on behalf of

24 the enrollee because the enrollee or any covered dependent is

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1 eligible for or is receiving Medicaid benefits in this or any

2 other state.

3 (c) To the extent that payment for covered expenses has

4 been made under Article V, VI, or VII of the Illinois Public

5 Aid Code for health care services provided to an individual, if

6 a third party has a legal liability to make payments for those

7 health care services, the State is considered to have acquired

8 the rights of the individual to payment.

9 (d) If a child is covered under a health care plan of a

10 Health Maintenance Organization in which the child's

11 noncustodial parent is an enrollee, the Health Maintenance

12 Organization shall:

13 (1) Provide necessary information to the child's

14 custodial parent to enable the child to obtain benefits

15 under that health care plan.

16 (2) Permit the child's custodial parent (or the

17 provider, with the custodial parent's approval) to submit

18 claims for payment for covered services without the

19 approval of the noncustodial parent.

20 (3) Make payments on claims submitted in accordance

21 with paragraph (2) directly to the custodial parent, the

22 provider of health care services, or the state Medicaid

23 agency.

24 (e) A Health Maintenance Organization may not deny

25 enrollment of a child under the health care plan in which the

26 child's parent is an enrollee on any of the following grounds:

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1 (1) The child is a nonmarital child ~~was born out of~~

2 ~~wedlock~~.

3 (2) The child is not claimed as a dependent on the

4 parent's federal income tax return.

5 (3) The child does not reside with the parent or in the

6 service area covered by the health care plan.

7 (f) If a parent is required by a court or administrative

8 order to provide coverage for a child under a health care plan

9 in which the parent is enrolled, and that offers coverage for

10 eligible dependents, the Health Maintenance Organization, upon

11 receiving a copy of the order, shall:

12 (1) Upon application, permit the parent to enroll in

13 the health care plan a child who is otherwise eligible for

14 that coverage, without regard to any enrollment season

15 restrictions that might otherwise be applicable as to the

16 time period within which a person may enroll in the plan.

17 (2) Enroll the child in the health care plan upon

18 application of the child's other parent, the state agency

19 administering the Medicaid program, or the state agency

20 administering a program for enforcing child support and

21 establishing paternity under 42 U.S.C. 651 through 669 (or

22 another child support enforcement program), if the parent

23 is enrolled in the health care plan but fails to apply for

24 enrollment of the child.

25 (g) A Health Maintenance Organization may not impose, on a

26 state agency that has been assigned the rights of an enrollee

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1 in a health care plan who receives Medicaid benefits,

2 requirements that are different from requirements applicable

3 to an assignee of any other enrollee in that health care plan.

4 (h) Nothing in subsections (e) and (f) prevents a Health

5 Maintenance Organization from denying any such application if

6 the child is not eligible for coverage according to the Health

7 Maintenance Organization's medical underwriting standards.

8 (i) The Health Maintenance Organization may not disenroll

9 (or otherwise eliminate coverage of) the child from the health

10 care plan unless the Health Maintenance Organization is

11 provided satisfactory written evidence of either of the

12 following:

13 (1) The court or administrative order is no longer in

14 effect.

15 (2) The child is or will be enrolled in a comparable

16 health care plan obtained by the parent under such order

17 and that enrollment is currently in effect or will take

18 effect not later than the date the prior coverage is

19 terminated.

20 (Source: P.A. 89-183, eff. 1-1-96.)

21 Section 25. The Voluntary Health Services Plans Act is

22 amended by changing Section 15.12 as follows:

23 (215 ILCS 165/15.12) (from Ch. 32, par. 609.12)

24 Sec. 15.12. Medical assistance; coverage of child.

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1 (a) In this Section, "Medicaid" means medical assistance

2 authorized under Section 1902 of the Social Security Act.

3 (b) A contract delivered, issued for delivery, renewed, or

4 amended by a health services plan corporation may not contain

5 any provision which limits or excludes payments of hospital or

6 medical benefits coverage to or on behalf of the subscriber

7 because the subscriber or any covered dependent is eligible for

8 or receiving Medicaid benefits in this or any other state.

9 (c) To the extent that payment for covered expenses has

10 been made under Article V, VI, or VII of the Illinois Public

11 Aid Code for health care services provided to an individual, if

12 a third party has a legal liability to make payments for those

13 health care services, the State is considered to have acquired

14 the rights of the individual to payment.

15 (d) If a child is covered under a voluntary health services

16 plan in which the child's noncustodial parent is a beneficiary,

17 the health services plan corporation shall:

18 (1) Provide necessary information to the child's

19 custodial parent to enable the child to obtain benefits

20 under that voluntary health services plan.

21 (2) Permit the child's custodial parent (or the

22 provider, with the custodial parent's approval) to submit

23 claims for payment for covered services without the

24 approval of the noncustodial parent.

25 (3) Make payments on claims submitted in accordance

26 with paragraph (2) directly to the custodial parent, the

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1 provider of health care services, or the state Medicaid

2 agency.

3 (e) A health services plan corporation may not deny

4 enrollment of a child under a voluntary health services plan in

5 which the child's parent is a beneficiary on any of the

6 following grounds:

7 (1) The child is a nonmarital child ~~was born out of~~

8 ~~wedlock~~.

9 (2) The child is not claimed as a dependent on the

10 parent's federal income tax return.

11 (3) The child does not reside with the parent or in the

12 area covered by the plan.

13 (f) If a parent is required by a court or administrative

14 order to provide coverage for a child under a voluntary health

15 services plan and has a plan which offers coverage for eligible

16 dependents, the health services plan corporation, upon

17 receiving a copy of the order, shall:

18 (1) Upon application, permit the parent to enroll, as a

19 subscriber to the plan, a child who is otherwise eligible

20 for that coverage, without regard to any enrollment season

21 restrictions that might otherwise be applicable as to the

22 time period within which a person may subscribe to the

23 plan.

24 (2) Enroll the child as a subscriber to the plan upon

25 application of the child's other parent, the state agency

26 administering the Medicaid program, or the state agency

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1 administering a program for enforcing child support and

2 establishing paternity under 42 U.S.C. 651 through 669 (or

3 another child support enforcement program), if the parent

4 is a beneficiary to the plan but fails to apply for

5 enrollment of the child.

6 (g) A health services plan corporation may not impose, on a

7 state agency that has been assigned the rights of an individual

8 who is a beneficiary to a voluntary health services plan who

9 receives Medicaid benefits, requirements that are different

10 from requirements applicable to an assignee of any other

11 individual who is a beneficiary to that plan.

12 (h) Nothing in subsections (e) and (f) prevents a health

13 services plan corporation from denying any such application if

14 the child is not eligible for coverage according to the health

15 services plan corporation's medical underwriting standards.

16 (i) The health services plan corporation may not disenroll

17 (or otherwise eliminate coverage of) the child from the plan

18 unless the corporation is provided satisfactory written

19 evidence of either of the following:

20 (1) The court or administrative order is no longer in

21 effect.

22 (2) The child is or will be enrolled in a comparable

23 health care plan obtained by the parent under such order

24 and that enrollment is currently in effect or will take

25 effect not later than the date the prior coverage is

26 terminated.

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1 (Source: P.A. 89-183, eff. 1-1-96.)

2 Section 30. The Illinois Public Aid Code is amended by

3 changing Sections 10-2, 10-4, 10-6, and 11-9 as follows:

4 (305 ILCS 5/10-2) (from Ch. 23, par. 10-2)

5 Sec. 10-2. Extent of Liability. A husband is liable for the

6 support of his wife and a wife for the support of her husband.

7 Unless the child is otherwise emancipated, the parents are

8 severally liable for the support of any child under age 18, and

9 for any child aged 18 who is attending high school, until that

10 child graduates from high school, or attains the age of 19,

11 whichever is earlier. The term "child" includes anonmarital

12 child ~~born out of wedlock,~~or legally adopted child.

13 In addition to the primary obligation of support imposed

14 upon responsible relatives, such relatives, if individually or

15 together in any combination they have sufficient income or

16 other resources to support a needy person, in whole or in part,

17 shall be liable for any financial aid extended under this Code

18 to a person for whose support they are responsible, including

19 amounts expended for funeral and burial costs.

20 (Source: P.A. 92-876, eff. 6-1-03.)

21 (305 ILCS 5/10-4) (from Ch. 23, par. 10-4)

22 Sec. 10-4. Notification of Support Obligation. The

23 administrative enforcement unit within the authorized area of

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1 its operation shall notify each responsible relative of an

2 applicant or recipient, or responsible relatives of other

3 persons given access to the child support enforcement services

4 of this Article, of his legal obligation to support and shall

5 request such information concerning his financial status as may

6 be necessary to determine whether he is financially able to

7 provide such support, in whole or in part. In cases involving a

8 nonmarital child ~~born out of wedlock~~, the notification shall

9 include a statement that the responsible relative has been

10 named as the biological father of the child identified in the

11 notification.

12 In the case of applicants, the notification shall be sent

13 as soon as practical after the filing of the application. In

14 the case of recipients, the notice shall be sent at such time

15 as may be established by rule of the Illinois Department.

16 The notice shall be accompanied by the forms or

17 questionnaires provided in Section 10-5. It shall inform the

18 relative that he may be liable for reimbursement of any support

19 furnished from public aid funds prior to determination of the

20 relative's financial circumstances, as well as for future

21 support. In the alternative, when support is sought on behalf

22 of applicants for or recipients of financial aid under Article

23 IV of this Code and other persons who are given access to the

24 child support enforcement services of this Article as provided

25 in Section 10-1, the notice shall inform the relative that the

26 relative may be required to pay support for a period before the

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1 date an administrative support order is entered, as well as

2 future support.

3 Neither the mailing nor receipt of such notice shall be

4 deemed a jurisdictional requirement for the subsequent

5 exercise of the investigative procedures undertaken by an

6 administrative enforcement unit or the entry of any order or

7 determination of paternity or support or reimbursement by the

8 administrative enforcement unit; except that notice shall be

9 served by certified mail addressed to the responsible relative

10 at his or her last known address, return receipt requested, or

11 by a person who is licensed or registered as a private

12 detective under the Private Detective, Private Alarm, Private

13 Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a

14 registered employee of a private detective agency certified

15 under that Act, or in counties with a population of less than

16 2,000,000 by any method provided by law for service of summons,

17 in cases where a determination of paternity or support by

18 default is sought on behalf of applicants for or recipients of

19 financial aid under Article IV of this Act and other persons

20 who are given access to the child support enforcement services

21 of this Article as provided in Section 10-1.

22 (Source: P.A. 94-92, eff. 6-30-05; 95-613, eff. 9-11-07.)

23 (305 ILCS 5/10-6) (from Ch. 23, par. 10-6)

24 Sec. 10-6. Investigation and Determination. The

25 administrative enforcement unit shall review the forms or

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1 questionnaires returned by each responsible relative and

2 supplement the information provided therein, where required,

3 by such additional consultations with the responsible relative

4 and such other investigations as may be necessary, including

5 genetic testing if paternity is an issue and, applying the

6 standard or guidelines and regulations established by the

7 Illinois Department, shall determine whether and the extent to

8 which, the responsible relative individually or together in any

9 combination, are reasonably able to provide support. If the

10 child is a nonmarital child ~~was born out of wedlock~~ and the

11 case is subject to the voluntary acknowledgment of paternity or

12 the administrative determination of paternity under rules

13 established under Section 10-17.7, the Child and Spouse Support

14 Unit of the Illinois Department shall determine the child

15 support obligation under subsection (b) of Section 10-7 upon

16 establishing the child's paternity. If the child's paternity

17 was established by judicial or administrative process in any

18 other state, the Illinois Department may use administrative

19 processes contained in this Article X to establish a child

20 support order.

21 In aid of its investigative authority, the Child and Spouse

22 Support Unit of the Illinois Department may use the subpoena

23 power as set forth in this Article.

24 The Illinois Department, by rule, may authorize the

25 administrative enforcement units to conduct periodic or other

26 reinvestigations and redeterminations of the financial ability

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1 of responsible relatives. Any redeterminations shall have the

2 effect of altering, amending, or modifying previous

3 determinations and administrative orders entered pursuant to

4 Sections 10-7 and 10-11. However, any redetermination which

5 establishes liability for support or reimbursement, or which

6 modifies the support or reimbursement liability specified in a

7 prior order, shall be subject to the provisions of Section

8 10-12 and the administrative and judicial review procedures

9 herein provided for original orders.

10 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)

11 (305 ILCS 5/11-9) (from Ch. 23, par. 11-9)

12 Sec. 11-9. Protection of records - Exceptions. For the

13 protection of applicants and recipients, the Illinois

14 Department, the county departments and local governmental

15 units and their respective officers and employees are

16 prohibited, except as hereinafter provided, from disclosing

17 the contents of any records, files, papers and communications,

18 except for purposes directly connected with the administration

19 of public aid under this Code.

20 In any judicial proceeding, except a proceeding directly

21 concerned with the administration of programs provided for in

22 this Code, such records, files, papers and communications, and

23 their contents shall be deemed privileged communications and

24 shall be disclosed only upon the order of the court, where the

25 court finds such to be necessary in the interest of justice.

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1 The Illinois Department shall establish and enforce

2 reasonable rules and regulations governing the custody, use and

3 preservation of the records, papers, files, and communications

4 of the Illinois Department, the county departments and local

5 governmental units receiving State or Federal funds or aid. The

6 governing body of other local governmental units shall in like

7 manner establish and enforce rules and regulations governing

8 the same matters.

9 The contents of case files pertaining to recipients under

10 Articles IV, V, and VI shall be made available without subpoena

11 or formal notice to the officers of any court, to all law

12 enforcing agencies, and to such other persons or agencies as

13 from time to time may be authorized by any court. In

14 particular, the contents of those case files shall be made

15 available upon request to a law enforcement agency for the

16 purpose of determining the current address of a recipient with

17 respect to whom an arrest warrant is outstanding, and the

18 current address of a recipient who was a victim of a felony or

19 a witness to a felony shall be made available upon request to a

20 State's Attorney of this State or a State's Attorney's

21 investigator. Information shall also be disclosed to the

22 Illinois State Scholarship Commission pursuant to an

23 investigation or audit by the Illinois State Scholarship

24 Commission of a delinquent student loan or monetary award.

25 This Section does not prevent the Illinois Department and

26 local governmental units from reporting to appropriate law

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1 enforcement officials the desertion or abandonment by a parent

2 of a child, as a result of which financial aid has been

3 necessitated under Articles IV, V, or VI, or reporting to

4 appropriate law enforcement officials instances in which a

5 mother under age 18 has anonmarital child ~~out of wedlock~~ and

6 is an applicant for or recipient of aid under any Article of

7 this Code. The Illinois Department may provide by rule for the

8 county departments and local governmental units to initiate

9 proceedings under the Juvenile Court Act of 1987 to have

10 children declared to be neglected when they deem such action

11 necessary to protect the children from immoral influences

12 present in their home or surroundings.

13 This Section does not preclude the full exercise of the

14 powers of the Board of Public Aid Commissioners to inspect

15 records and documents, as provided for all advisory boards

16 pursuant to Section 5-505 of the Departments of State

17 Government Law (20 ILCS 5/5-505).

18 This Section does not preclude exchanges of information

19 among the Department of Healthcare and Family Services

20 (formerly Illinois Department of Public Aid), the Department of

21 Human Services (as successor to the Department of Public Aid),

22 and the Illinois Department of Revenue for the purpose of

23 verifying sources and amounts of income and for other purposes

24 directly connected with the administration of this Code and of

25 the Illinois Income Tax Act.

26 The provisions of this Section and of Section 11-11 as they

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1 apply to applicants and recipients of public aid under Article

2 V shall be operative only to the extent that they do not

3 conflict with any Federal law or regulation governing Federal

4 grants to this State for such programs.

5 The Department of Healthcare and Family Services and the

6 Department of Human Services (as successor to the Illinois

7 Department of Public Aid) shall enter into an inter-agency

8 agreement with the Department of Children and Family Services

9 to establish a procedure by which employees of the Department

10 of Children and Family Services may have immediate access to

11 records, files, papers, and communications (except medical,

12 alcohol or drug assessment or treatment, mental health, or any

13 other medical records) of the Illinois Department, county

14 departments, and local governmental units receiving State or

15 federal funds or aid, if the Department of Children and Family

16 Services determines the information is necessary to perform its

17 duties under the Abused and Neglected Child Reporting Act, the

18 Child Care Act of 1969, and the Children and Family Services

19 Act.

20 (Source: P.A. 95-331, eff. 8-21-07.)

21 Section 35. The Crime Victims Compensation Act is amended

22 by changing Section 2 as follows:

23 (740 ILCS 45/2) (from Ch. 70, par. 72)

24 Sec. 2. Definitions. As used in this Act, unless the

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1 context otherwise requires:

2 (a) "Applicant" means any person who applies for

3 compensation under this Act or any person the Court of Claims

4 finds is entitled to compensation, including the guardian of a

5 minor or of a person under legal disability. It includes any

6 person who was a dependent of a deceased victim of a crime of

7 violence for his or her support at the time of the death of

8 that victim.

9 (b) "Court of Claims" means the Court of Claims created by

10 the Court of Claims Act.

11 (c) "Crime of violence" means and includes any offense

12 defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,

13 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,

14 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3,

15 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3,

16 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15,

17 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05

18 except for subdivision (a)(4) or (g)(1), or subdivision (a)(4)

19 of Section 11-14.4, of the Criminal Code of 1961 or the

20 Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery

21 Protection Act, Section 125 of the Stalking No Contact Order

22 Act, Section 219 of the Civil No Contact Order Act, driving

23 under the influence as defined in Section 11-501 of the

24 Illinois Vehicle Code, a violation of Section 11-401 of the

25 Illinois Vehicle Code, provided the victim was a pedestrian or

26 was operating a vehicle moved solely by human power or a

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1 mobility device at the time of contact, and a violation of

2 Section 11-204.1 of the Illinois Vehicle Code; so long as the

3 offense did not occur during a civil riot, insurrection or

4 rebellion. "Crime of violence" does not include any other

5 offense or accident involving a motor vehicle except those

6 vehicle offenses specifically provided for in this paragraph.

7 "Crime of violence" does include all of the offenses

8 specifically provided for in this paragraph that occur within

9 this State but are subject to federal jurisdiction and crimes

10 involving terrorism as defined in 18 U.S.C. 2331.

11 (d) "Victim" means (1) a person killed or injured in this

12 State as a result of a crime of violence perpetrated or

13 attempted against him or her, (2) the spouse or parent of a

14 person killed or injured in this State as a result of a crime

15 of violence perpetrated or attempted against the person, (3) a

16 person killed or injured in this State while attempting to

17 assist a person against whom a crime of violence is being

18 perpetrated or attempted, if that attempt of assistance would

19 be expected of a reasonable person under the circumstances, (4)

20 a person killed or injured in this State while assisting a law

21 enforcement official apprehend a person who has perpetrated a

22 crime of violence or prevent the perpetration of any such crime

23 if that assistance was in response to the express request of

24 the law enforcement official, (5) a person who personally

25 witnessed a violent crime, (5.1) solely for the purpose of

26 compensating for pecuniary loss incurred for psychological

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1 treatment of a mental or emotional condition caused or

2 aggravated by the crime, any other person under the age of 18

3 who is the brother, sister, half brother, half sister, child,

4 or stepchild of a person killed or injured in this State as a

5 result of a crime of violence, (6) an Illinois resident who is

6 a victim of a "crime of violence" as defined in this Act

7 except, if the crime occurred outside this State, the resident

8 has the same rights under this Act as if the crime had occurred

9 in this State upon a showing that the state, territory,

10 country, or political subdivision of a country in which the

11 crime occurred does not have a compensation of victims of

12 crimes law for which that Illinois resident is eligible, (7) a

13 deceased person whose body is dismembered or whose remains are

14 desecrated as the result of a crime of violence, or (8) solely

15 for the purpose of compensating for pecuniary loss incurred for

16 psychological treatment of a mental or emotional condition

17 caused or aggravated by the crime, any parent, spouse, or child

18 under the age of 18 of a deceased person whose body is

19 dismembered or whose remains are desecrated as the result of a

20 crime of violence.

21 (e) "Dependent" means a relative of a deceased victim who

22 was wholly or partially dependent upon the victim's income at

23 the time of his or her death and shall include the child of a

24 victim born after his or her death.

25 (f) "Relative" means a spouse, parent, grandparent,

26 stepfather, stepmother, child, grandchild, brother,

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1 brother-in-law, sister, sister-in-law, half brother, half

2 sister, spouse's parent, nephew, niece, uncle or aunt.

3 (g) "Child" means an unmarried son or daughter who is under

4 18 years of age and includes a stepchild, an adopted child or a

5 nonmarital child ~~born out of wedlock~~.

6 (h) "Pecuniary loss" means, in the case of injury,

7 appropriate medical expenses and hospital expenses including

8 expenses of medical examinations, rehabilitation, medically

9 required nursing care expenses, appropriate psychiatric care

10 or psychiatric counseling expenses, expenses for care or

11 counseling by a licensed clinical psychologist, licensed

12 clinical social worker, licensed professional counselor, or

13 licensed clinical professional counselor and expenses for

14 treatment by Christian Science practitioners and nursing care

15 appropriate thereto; transportation expenses to and from

16 medical and counseling treatment facilities; prosthetic

17 appliances, eyeglasses, and hearing aids necessary or damaged

18 as a result of the crime; costs associated with trafficking

19 tattoo removal by a person authorized or licensed to perform

20 the specific removal procedure; replacement costs for clothing

21 and bedding used as evidence; costs associated with temporary

22 lodging or relocation necessary as a result of the crime,

23 including, but not limited to, the first month's rent and

24 security deposit of the dwelling that the claimant relocated to

25 and other reasonable relocation expenses incurred as a result

26 of the violent crime; locks or windows necessary or damaged as

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1 a result of the crime; the purchase, lease, or rental of

2 equipment necessary to create usability of and accessibility to

3 the victim's real and personal property, or the real and

4 personal property which is used by the victim, necessary as a

5 result of the crime; the costs of appropriate crime scene

6 clean-up; replacement services loss, to a maximum of $1,250 per

7 month; dependents replacement services loss, to a maximum of

8 $1,250 per month; loss of tuition paid to attend grammar school

9 or high school when the victim had been enrolled as a student

10 prior to the injury, or college or graduate school when the

11 victim had been enrolled as a day or night student prior to the

12 injury when the victim becomes unable to continue attendance at

13 school as a result of the crime of violence perpetrated against

14 him or her; loss of earnings, loss of future earnings because

15 of disability resulting from the injury, and, in addition, in

16 the case of death, expenses for funeral, burial, and travel and

17 transport for survivors of homicide victims to secure bodies of

18 deceased victims and to transport bodies for burial all of

19 which may not exceed a maximum of $7,500 and loss of support of

20 the dependents of the victim; in the case of dismemberment or

21 desecration of a body, expenses for funeral and burial, all of

22 which may not exceed a maximum of $7,500. Loss of future

23 earnings shall be reduced by any income from substitute work

24 actually performed by the victim or by income he or she would

25 have earned in available appropriate substitute work he or she

26 was capable of performing but unreasonably failed to undertake.

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1 Loss of earnings, loss of future earnings and loss of support

2 shall be determined on the basis of the victim's average net

3 monthly earnings for the 6 months immediately preceding the

4 date of the injury or on $1,250 per month, whichever is less

5 or, in cases where the absences commenced more than 3 years

6 from the date of the crime, on the basis of the net monthly

7 earnings for the 6 months immediately preceding the date of the

8 first absence, not to exceed $1,250 per month. If a divorced or

9 legally separated applicant is claiming loss of support for a

10 minor child of the deceased, the amount of support for each

11 child shall be based either on the amount of support pursuant

12 to the judgment prior to the date of the deceased victim's

13 injury or death, or, if the subject of pending litigation filed

14 by or on behalf of the divorced or legally separated applicant

15 prior to the injury or death, on the result of that litigation.

16 Real and personal property includes, but is not limited to,

17 vehicles, houses, apartments, town houses, or condominiums.

18 Pecuniary loss does not include pain and suffering or property

19 loss or damage.

20 (i) "Replacement services loss" means expenses reasonably

21 incurred in obtaining ordinary and necessary services in lieu

22 of those the injured person would have performed, not for

23 income, but for the benefit of himself or herself or his or her

24 family, if he or she had not been injured.

25 (j) "Dependents replacement services loss" means loss

26 reasonably incurred by dependents or private legal guardians of

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1 minor dependents after a victim's death in obtaining ordinary

2 and necessary services in lieu of those the victim would have

3 performed, not for income, but for their benefit, if he or she

4 had not been fatally injured.

5 (k) "Survivor" means immediate family including a parent,

6 step-father, step-mother, child, brother, sister, or spouse.

7 (l) "Parent" means a natural parent, adopted parent,

8 step-parent, or permanent legal guardian of another person.

9 (m) "Trafficking tattoo" is a tattoo which is applied to a

10 victim in connection with the commission of a violation of

11 Section 10-9 of the Criminal Code of 2012.

12 (Source: P.A. 97-817, eff. 1-1-13; 97-1109, eff. 1-1-13;

13 97-1150, eff. 1-25-13; 98-435, eff. 1-1-14.)

14 Section 40. The Illinois Marriage and Dissolution of

15 Marriage Act is amended by changing Sections 205 and 607 as

16 follows:

17 (750 ILCS 5/205) (from Ch. 40, par. 205)

18 Sec. 205. Exceptions.

19 (1) Irrespective of the results of laboratory tests and

20 clinical examination relative to sexually transmitted

21 diseases, the clerks of the respective counties shall issue a

22 marriage license to parties to a proposed marriage (a) when a

23 woman is pregnant at the time of such application, or (b) when

24 a woman has, prior to the time of application, given birth to a

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1 nonmarital child ~~born out of wedlock~~ which is living at the

2 time of such application and the man making such application

3 makes affidavit that he is the father ofthe nonmarital ~~such~~

4 child ~~born out of wedlock~~. The county clerk shall, in lieu of

5 the health certificate required hereunder, accept, as the case

6 may be, either an affidavit on a form prescribed by the State

7 Department of Public Health, signed by a physician duly

8 licensed in this State, stating that the woman is pregnant, or

9 a copy of the birth record of thenonmarital child ~~born out of~~

10 ~~wedlock~~, if one is available in this State, or if such birth

11 record is not available, an affidavit signed by the woman that

12 she is the mother of such child.

13 (2) Any judge of the circuit court within the county in

14 which the license is to be issued is authorized and empowered

15 on joint application by both applicants for a marriage license

16 to waive the requirements as to medical examination, laboratory

17 tests, and certificates, except the requirements of paragraph

18 (4) of subsection (a) of Section 212 of this Act which shall

19 not be waived; and to authorize the county clerk to issue the

20 license if all other requirements of law have been complied

21 with and the judge is satisfied, by affidavit, or other proof,

22 that the examination or tests are contrary to the tenets or

23 practices of the religious creed of which the applicant is an

24 adherent, and that the public health and welfare will not be

25 injuriously affected thereby.

26 (Source: P.A. 94-229, eff. 1-1-06.)

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1 (750 ILCS 5/607) (from Ch. 40, par. 607)

2 Sec. 607. Visitation.

3 (a) A parent not granted custody of the child is entitled

4 to reasonable visitation rights unless the court finds, after a

5 hearing, that visitation would endanger seriously the child's

6 physical, mental, moral or emotional health. If the custodian's

7 street address is not identified, pursuant to Section 708, the

8 court shall require the parties to identify reasonable

9 alternative arrangements for visitation by a non-custodial

10 parent, including but not limited to visitation of the minor

11 child at the residence of another person or at a local public

12 or private facility.

13 (1) "Visitation" means in-person time spent between a

14 child and the child's parent. In appropriate

15 circumstances, it may include electronic communication

16 under conditions and at times determined by the court.

17 (2) "Electronic communication" means time that a

18 parent spends with his or her child during which the child

19 is not in the parent's actual physical custody, but which

20 is facilitated by the use of communication tools such as

21 the telephone, electronic mail, instant messaging, video

22 conferencing or other wired or wireless technologies via

23 the Internet, or another medium of communication.

24 (a-3) Grandparents, great-grandparents, and siblings of a

25 minor child, who is one year old or older, have standing to

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1 bring an action in circuit court by petition, requesting

2 visitation in accordance with this Section. The term "sibling"

3 in this Section means a brother, sister, stepbrother, or

4 stepsister of the minor child. Grandparents,

5 great-grandparents, and siblings also have standing to file a

6 petition for visitation and any electronic communication

7 rights in a pending dissolution proceeding or any other

8 proceeding that involves custody or visitation issues,

9 requesting visitation in accordance with this Section. A

10 petition for visitation with a child by a person other than a

11 parent must be filed in the county in which the child resides.

12 Nothing in this subsection (a-3) and subsection (a-5) of this

13 Section shall apply to a child in whose interests a petition is

14 pending under Section 2-13 of the Juvenile Court Act of 1987 or

15 a petition to adopt an unrelated child is pending under the

16 Adoption Act.

17 (a-5)(1) Except as otherwise provided in this subsection

18 (a-5), any grandparent, great-grandparent, or sibling may file

19 a petition for visitation rights to a minor child if there is

20 an unreasonable denial of visitation by a parent and at least

21 one of the following conditions exists:

22 (A) (Blank);

23 (A-5) the child's other parent is deceased or has been

24 missing for at least 3 months. For the purposes of this

25 Section a parent is considered to be missing if the

26 parent's location has not been determined and the parent

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1 has been reported as missing to a law enforcement agency;

2 (A-10) a parent of the child is incompetent as a matter

3 of law;

4 (A-15) a parent has been incarcerated in jail or prison

5 during the 3 month period preceding the filing of the

6 petition;

7 (B) the child's mother and father are divorced or have

8 been legally separated from each other or there is pending

9 a dissolution proceeding involving a parent of the child or

10 another court proceeding involving custody or visitation

11 of the child (other than any adoption proceeding of an

12 unrelated child) and at least one parent does not object to

13 the grandparent, great-grandparent, or sibling having

14 visitation with the child. The visitation of the

15 grandparent, great-grandparent, or sibling must not

16 diminish the visitation of the parent who is not related to

17 the grandparent, great-grandparent, or sibling seeking

18 visitation;

19 (C) (Blank);

20 (D) the child is a nonmarital child ~~born out of~~

21 ~~wedlock~~, the parents are not living together, and the

22 petitioner is a maternal grandparent, great-grandparent,

23 or sibling of the nonmarital child ~~born out of wedlock~~; or

24 (E) the child is a nonmarital child ~~born out of~~

25 ~~wedlock~~, the parents are not living together, the

26 petitioner is a paternal grandparent, great-grandparent,

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1 or sibling, and the paternity has been established by a

2 court of competent jurisdiction.

3 (2) Any visitation rights granted pursuant to this Section

4 before the filing of a petition for adoption of a child shall

5 automatically terminate by operation of law upon the entry of

6 an order terminating parental rights or granting the adoption

7 of the child, whichever is earlier. If the person or persons

8 who adopted the child are related to the child, as defined by

9 Section 1 of the Adoption Act, any person who was related to

10 the child as grandparent, great-grandparent, or sibling prior

11 to the adoption shall have standing to bring an action pursuant

12 to this Section requesting visitation with the child.

13 (3) In making a determination under this subsection (a-5),

14 there is a rebuttable presumption that a fit parent's actions

15 and decisions regarding grandparent, great-grandparent, or

16 sibling visitation are not harmful to the child's mental,

17 physical, or emotional health. The burden is on the party

18 filing a petition under this Section to prove that the parent's

19 actions and decisions regarding visitation times are harmful to

20 the child's mental, physical, or emotional health.

21 (4) In determining whether to grant visitation, the court

22 shall consider the following:

23 (A) the preference of the child if the child is

24 determined to be of sufficient maturity to express a

25 preference;

26 (B) the mental and physical health of the child;

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1 (C) the mental and physical health of the grandparent,

2 great-grandparent, or sibling;

3 (D) the length and quality of the prior relationship

4 between the child and the grandparent, great-grandparent,

5 or sibling;

6 (E) the good faith of the party in filing the petition;

7 (F) the good faith of the person denying visitation;

8 (G) the quantity of the visitation time requested and

9 the potential adverse impact that visitation would have on

10 the child's customary activities;

11 (H) whether the child resided with the petitioner for

12 at least 6 consecutive months with or without the current

13 custodian present;

14 (I) whether the petitioner had frequent or regular

15 contact or visitation with the child for at least 12

16 consecutive months;

17 (J) any other fact that establishes that the loss of

18 the relationship between the petitioner and the child is

19 likely to harm the child's mental, physical, or emotional

20 health; and

21 (K) whether the grandparent, great-grandparent, or

22 sibling was a primary caretaker of the child for a period

23 of not less than 6 consecutive months.

24 (5) The court may order visitation rights for the

25 grandparent, great-grandparent, or sibling that include

26 reasonable access without requiring overnight or possessory

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1 visitation.

2 (a-7)(1) Unless by stipulation of the parties, no motion to

3 modify a grandparent, great-grandparent, or sibling visitation

4 order may be made earlier than 2 years after the date the order

5 was filed, unless the court permits it to be made on the basis

6 of affidavits that there is reason to believe the child's

7 present environment may endanger seriously the child's mental,

8 physical, or emotional health.

9 (2) The court shall not modify an order that grants

10 visitation to a grandparent, great-grandparent, or sibling

11 unless it finds by clear and convincing evidence, upon the

12 basis of facts that have arisen since the prior visitation

13 order or that were unknown to the court at the time of entry of

14 the prior visitation, that a change has occurred in the

15 circumstances of the child or his or her custodian, and that

16 the modification is necessary to protect the mental, physical,

17 or emotional health of the child. The court shall state in its

18 decision specific findings of fact in support of its

19 modification or termination of the grandparent,

20 great-grandparent, or sibling visitation. A child's parent may

21 always petition to modify visitation upon changed

22 circumstances when necessary to promote the child's best

23 interest.

24 (3) Attorney fees and costs shall be assessed against a

25 party seeking modification of the visitation order if the court

26 finds that the modification action is vexatious and constitutes

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1 harassment.

2 (4) Notice under this subsection (a-7) shall be given as

3 provided in subsections (c) and (d) of Section 601.

4 (b) (1) (Blank.)

5 (1.5) The Court may grant reasonable visitation privileges

6 to a stepparent upon petition to the court by the stepparent,

7 with notice to the parties required to be notified under

8 Section 601 of this Act, if the court determines that it is in

9 the best interests and welfare of the child, and may issue any

10 necessary orders to enforce those visitation privileges. A

11 petition for visitation privileges may be filed under this

12 paragraph (1.5) whether or not a petition pursuant to this Act

13 has been previously filed or is currently pending if the

14 following circumstances are met:

15 (A) the child is at least 12 years old;

16 (B) the child resided continuously with the parent and

17 stepparent for at least 5 years;

18 (C) the parent is deceased or is disabled and is unable

19 to care for the child;

20 (D) the child wishes to have reasonable visitation with

21 the stepparent; and

22 (E) the stepparent was providing for the care, control,

23 and welfare to the child prior to the initiation of the

24 petition for visitation.

25 (2)(A) A petition for visitation privileges shall not be

26 filed pursuant to this subsection (b) by the parents or

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1 grandparents of a putative father if the paternity of the

2 putative father has not been legally established.

3 (B) A petition for visitation privileges may not be filed

4 under this subsection (b) if the child who is the subject of

5 the grandparents' or great-grandparents' petition has been

6 voluntarily surrendered by the parent or parents, except for a

7 surrender to the Illinois Department of Children and Family

8 Services or a foster care facility, or has been previously

9 adopted by an individual or individuals who are not related to

10 the biological parents of the child or is the subject of a

11 pending adoption petition by an individual or individuals who

12 are not related to the biological parents of the child.

13 (3) (Blank).

14 (c) The court may modify an order granting or denying

15 visitation rights of a parent whenever modification would serve

16 the best interest of the child; but the court shall not

17 restrict a parent's visitation rights unless it finds that the

18 visitation would endanger seriously the child's physical,

19 mental, moral or emotional health.

20 (d) If any court has entered an order prohibiting a

21 non-custodial parent of a child from any contact with a child

22 or restricting the non-custodial parent's contact with the

23 child, the following provisions shall apply:

24 (1) If an order has been entered granting visitation

25 privileges with the child to a grandparent or

26 great-grandparent who is related to the child through the

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1 non-custodial parent, the visitation privileges of the

2 grandparent or great-grandparent may be revoked if:

3 (i) a court has entered an order prohibiting the

4 non-custodial parent from any contact with the child,

5 and the grandparent or great-grandparent is found to

6 have used his or her visitation privileges to

7 facilitate contact between the child and the

8 non-custodial parent; or

9 (ii) a court has entered an order restricting the

10 non-custodial parent's contact with the child, and the

11 grandparent or great-grandparent is found to have used

12 his or her visitation privileges to facilitate contact

13 between the child and the non-custodial parent in a

14 manner that violates the terms of the order restricting

15 the non-custodial parent's contact with the child.

16 Nothing in this subdivision (1) limits the authority of

17 the court to enforce its orders in any manner permitted by

18 law.

19 (2) Any order granting visitation privileges with the

20 child to a grandparent or great-grandparent who is related

21 to the child through the non-custodial parent shall contain

22 the following provision:

23 "If the (grandparent or great-grandparent, whichever

24 is applicable) who has been granted visitation privileges

25 under this order uses the visitation privileges to

26 facilitate contact between the child and the child's

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1 non-custodial parent, the visitation privileges granted

2 under this order shall be permanently revoked."

3 (e) No parent, not granted custody of the child, or

4 grandparent, or great-grandparent, or stepparent, or sibling

5 of any minor child, convicted of any offense involving an

6 illegal sex act perpetrated upon a victim less than 18 years of

7 age including but not limited to offenses for violations of

8 Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,

9 or Article 12 of the Criminal Code of 1961 or the Criminal Code

10 of 2012, is entitled to visitation rights while incarcerated or

11 while on parole, probation, conditional discharge, periodic

12 imprisonment, or mandatory supervised release for that

13 offense, and upon discharge from incarceration for a

14 misdemeanor offense or upon discharge from parole, probation,

15 conditional discharge, periodic imprisonment, or mandatory

16 supervised release for a felony offense, visitation shall be

17 denied until the person successfully completes a treatment

18 program approved by the court.

19 (f) Unless the court determines, after considering all

20 relevant factors, including but not limited to those set forth

21 in Section 602(a), that it would be in the best interests of

22 the child to allow visitation, the court shall not enter an

23 order providing visitation rights and pursuant to a motion to

24 modify visitation shall revoke visitation rights previously

25 granted to any person who would otherwise be entitled to

26 petition for visitation rights under this Section who has been

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1 convicted of first degree murder of the parent, grandparent,

2 great-grandparent, or sibling of the child who is the subject

3 of the order. Until an order is entered pursuant to this

4 subsection, no person shall visit, with the child present, a

5 person who has been convicted of first degree murder of the

6 parent, grandparent, great-grandparent, or sibling of the

7 child without the consent of the child's parent, other than a

8 parent convicted of first degree murder as set forth herein, or

9 legal guardian.

10 (g) (Blank).

11 (h) Upon motion, the court may allow a parent who is

12 deployed or who has orders to be deployed as a member of the

13 United States Armed Forces to designate a person known to the

14 child to exercise reasonable substitute visitation on behalf of

15 the deployed parent, if the court determines that substitute

16 visitation is in the best interest of the child. In determining

17 whether substitute visitation is in the best interest of the

18 child, the court shall consider all of the relevant factors

19 listed in subsection (a) of Section 602 and apply those factors

20 to the person designated as a substitute for the deployed

21 parent for visitation purposes.

22 (Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12;

23 97-1150, eff. 1-25-13.)

24 Section 45. The Emancipation of Minors Act is amended by

25 changing Section 3-3 as follows:

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1 (750 ILCS 30/3-3) (from Ch. 40, par. 2203-3)

2 Sec. 3-3. Parents. "Parent" means the father or mother of a

3 lawful child of the parties or anonmarital child ~~born out of~~

4 ~~wedlock~~, and includes any adoptive parent. It does not include

5 a parent whose rights in respect to the minor have been

6 terminated in any manner provided by law.

7 (Source: P.A. 94-229, eff. 1-1-06.)

8 Section 50. The Adoption Act is amended by changing

9 Sections 12.1 and 18 as follows:

10 (750 ILCS 50/12.1)

11 Sec. 12.1. Putative Father Registry. The Department of

12 Children and Family Services shall establish a Putative Father

13 Registry for the purpose of determining the identity and

14 location of a putative father of a minor child who is, or is

15 expected to be, the subject of an adoption proceeding, in order

16 to provide notice of such proceeding to the putative father.

17 The Department of Children and Family Services shall establish

18 rules and informational material necessary to implement the

19 provisions of this Section. The Department shall have the

20 authority to set reasonable fees for the use of the Registry.

21 All such fees for the use of the Registry that are received by

22 the Department or its agent shall be deposited into the fund

23 authorized under subsection (b) of Section 25 of the Children

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1 and Family Services Act. The Department shall use the moneys in

2 that fund for the purpose of maintaining the Registry.

3 (a) The Department shall maintain the following

4 information in the Registry:

5 (1) With respect to the putative father:

6 (i) Name, including any other names by which the

7 putative father may be known and that he may provide to

8 the Registry;

9 (ii) Address at which he may be served with notice

10 of a petition under this Act, including any change of

11 address;

12 (iii) Social Security Number;

13 (iv) Date of birth; and

14 (v) If applicable, a certified copy of an order by

15 a court of this State or of another state or territory

16 of the United States adjudicating the putative father

17 to be the father of the child.

18 (2) With respect to the mother of the child:

19 (i) Name, including all other names known to the

20 putative father by which the mother may be known;

21 (ii) If known to the putative father, her last

22 address;

23 (iii) Social Security Number; and

24 (iv) Date of birth.

25 (3) If known to the putative father, the name, gender,

26 place of birth, and date of birth or anticipated date of

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1 birth of the child.

2 (4) The date that the Department received the putative

3 father's registration.

4 (5) Other information as the Department may by rule

5 determine necessary for the orderly administration of the

6 Registry.

7 (b) A putative father may register with the Department

8 before the birth of the child but shall register no later than

9 30 days after the birth of the child. All registrations shall

10 be in writing and signed by the putative father. No fee shall

11 be charged for the initial registration. The Department shall

12 have no independent obligation to gather the information to be

13 maintained.

14 (c) An interested party, including persons intending to

15 adopt a child, a child welfare agency with whom the mother has

16 placed or has given written notice of her intention to place a

17 child for adoption, the mother of the child, or an attorney

18 representing an interested party may request that the

19 Department search the Registry to determine whether a putative

20 father is registered in relation to a child who is or may be

21 the subject to an adoption petition.

22 (d) A search of the Registry may be proven by the

23 production of a certified copy of the registration form, or by

24 the certified statement of the administrator of the Registry

25 that after a search, no registration of a putative father in

26 relation to a child who is or may be the subject of an adoption

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1 petition could be located.

2 (e) Except as otherwise provided, information contained

3 within the Registry is confidential and shall not be published

4 or open to public inspection.

5 (f) A person who knowingly or intentionally registers false

6 information under this Section commits a Class B misdemeanor. A

7 person who knowingly or intentionally releases confidential

8 information in violation of this Section commits a Class B

9 misdemeanor.

10 (g) Except as provided in subsections (b) or (c) of Section

11 8 of this Act, a putative father who fails to register with the

12 Putative Father Registry as provided in this Section is barred

13 from thereafter bringing or maintaining any action to assert

14 any interest in the child, unless he proves by clear and

15 convincing evidence that:

16 (1) it was not possible for him to register within the

17 period of time specified in subsection (b) of this Section;

18 and

19 (2) his failure to register was through no fault of his

20 own; and

21 (3) he registered within 10 days after it became

22 possible for him to file.

23 A lack of knowledge of the pregnancy or birth is not an

24 acceptable reason for failure to register.

25 (h) Except as provided in subsection (b) or (c) of Section

26 8 of this Act, failure to timely register with the Putative

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1 Father Registry (i) shall be deemed to be a waiver and

2 surrender of any right to notice of any hearing in any judicial

3 proceeding for the adoption of the child, and the consent or

4 surrender of that person to the adoption of the child is not

5 required, and (ii) shall constitute an abandonment of the child

6 and shall be prima facie evidence of sufficient grounds to

7 support termination of such father's parental rights under this

8 Act.

9 (i) In any adoption proceeding pertaining to a nonmarital

10 child ~~born out of wedlock~~, if there is no showing that a

11 putative father has executed a consent or surrender or waived

12 his rights regarding the proposed adoption, certification as

13 specified in subsection (d) shall be filed with the court prior

14 to entry of a final judgment order of adoption.

15 (j) The Registry shall not be used to notify a putative

16 father who is the father of a child as a result of criminal

17 sexual abuse or assault as defined under Article 11 of the

18 Criminal Code of 2012.

19 (Source: P.A. 97-1150, eff. 1-25-13.)

20 (750 ILCS 50/18) (from Ch. 40, par. 1522)

21 Sec. 18. Records confidential.

22 (a) The word "illegitimate", the words "born out of

23 wedlock", the word "nonmarital", and words of similar import

24 shall not be used in any adoption proceeding in any respect.

25 (b) The court call of adoption proceedings shall not

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1 identify any of the parties by name. The parties may be

2 identified by initials or pseudonyms. The case shall be

3 identified by its general number. The names of the lawyers

4 representing the parties may appear on the court call, and the

5 type of application that is being made to the court may also be

6 identified.

7 (c) All adoption records maintained by each circuit clerk

8 shall be impounded in accordance with the procedures provided

9 by the Illinois Supreme Court's General Administrative Order on

10 Recordkeeping and shall be opened for examination only upon

11 specific order of the court, which order shall name the person

12 or persons who are to be permitted to examine the file.

13 Certified copies of all papers and documents contained in any

14 file so impounded shall be made only on like order. The

15 guardian ad litem for a minor sought to be adopted shall have

16 the right to inspect the court file without leave of court

17 during the pendency of the proceeding. The attorney of record

18 for the petitioners and other parties may inspect the file only

19 with leave of court. The petitioners to the adoption, the

20 attorney of record for the petitioners, and the guardian ad

21 litem of the person who is the subject of the proceeding shall

22 be entitled to receive certified copies of the order of

23 adoption in the proceeding at any time within 30 days after the

24 entry of the judgment of adoption without order of court. After

25 30 days from the entry of the judgment of adoption, no copies

26 may be obtained without prior order of court, but good cause is

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1 not necessary to be shown by one of the petitioners to the

2 adoption.

3 (d) If an appeal is taken from an adoption proceeding, the

4 papers filed in the court of review and the opinion of the

5 reviewing court shall not identify the true names of the

6 parties; instead, initials or pseudonyms shall be used to

7 identify the parties.

8 (Source: P.A. 86-493; 87-620.)

9 Section 55. The Religious Freedom and Marriage Fairness Act

10 is amended by changing Section 10 as follows:

11 (750 ILCS 80/10)

12 Sec. 10. Equal access to marriage.

13 (a) All laws of this State applicable to marriage, whether

14 they derive from statute, administrative or court rule, policy,

15 common law, or any other source of civil or criminal law, shall

16 apply equally to marriages of same-sex and different-sex

17 couples and their children.

18 (b) Parties to a marriage and their children, regardless

19 of whether the marriage consists of a same-sex or different-sex

20 couple, shall have all the same benefits, protections, and

21 responsibilities under law, whether they derive from statute,

22 administrative or court rule, policy, common law, or any other

23 source of civil or criminal law.

24 (c) Parties to a marriage shall be included in any

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1 definition or use of terms such as "spouse", "family",

2 "immediate family", "dependent", "next of kin", "wife",

3 "husband", "bride", "groom", "wedlock","marital", and other

4 terms that refer to or denote the spousal relationship, as

5 those terms are used throughout the law, regardless of whether

6 the parties to a marriage are of the same sex or different

7 sexes.

8 (d) To the extent the law of this State adopts, refers to,

9 or relies upon provisions of federal law as applicable to this

10 State, parties to a marriage of the same sex and their children

11 shall be treated under the law of this State as if federal law

12 recognizes the marriages of same-sex couples in the same manner

13 as the law of this State.

14 (Source: P.A. 98-597, eff. 6-1-14.)

15 Section 60. The Probate Act of 1975 is amended by changing

16 Sections 2-2 and 5-3 as follows:

17 (755 ILCS 5/2-2) (from Ch. 110 1/2, par. 2-2)

18 Sec. 2-2. Nonmarital children ~~Children born out of wedlock~~.

19 The intestate real and personal estate of a resident decedent

20 who was a nonmarital child ~~born out of wedlock~~ at the time of

21 death and the intestate real estate in this State of a

22 nonresident decedent who was a nonmarital child ~~born out of~~

23 ~~wedlock~~ at the time of death, after all just claims against his

24 estate are fully paid, descends and shall be distributed as

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1 provided in Section 2-1, subject to Section 2-6.5 of this Act,

2 if both parents are eligible parents. As used in this Section,

3 "eligible parent" means a parent of the decedent who, during

4 the decedent's lifetime, acknowledged the decedent as the

5 parent's child, established a parental relationship with the

6 decedent, and supported the decedent as the parent's child.

7 "Eligible parents" who are in arrears of in excess of one

8 year's child support obligations shall not receive any property

9 benefit or other interest of the decedent unless and until a

10 court of competent jurisdiction makes a determination as to the

11 effect on the deceased of the arrearage and allows a reduced

12 benefit. In no event shall the reduction of the benefit or

13 other interest be less than the amount of child support owed

14 for the support of the decedent at the time of death. The

15 court's considerations shall include but are not limited to the

16 considerations in subsections (1) through (3) of Section 2-6.5

17 of this Act.

18 If neither parent is an eligible parent, the intestate real

19 and personal estate of a resident decedent who was a nonmarital

20 child ~~born out of wedlock~~at the time of death and the

21 intestate real estate in this State of a nonresident decedent

22 who was anonmarital child ~~born out of wedlock~~ at the time of

23 death, after all just claims against his or her estate are

24 fully paid, descends and shall be distributed as provided in

25 Section 2-1, but the parents of the decedent shall be treated

26 as having predeceased the decedent.

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1 If only one parent is an eligible parent, the intestate

2 real and personal estate of a resident decedent who was a

3 nonmarital child ~~born out of wedlock~~ at the time of death and

4 the intestate real estate in this State of a nonresident

5 decedent who was a nonmarital child ~~born out of wedlock~~ at the

6 time of death, after all just claims against his or her estate

7 are fully paid, subject to Section 2-6.5 of this Act, descends

8 and shall be distributed as follows:

9 (a) If there is a surviving spouse and also a descendant of

10 the decedent: 1/2 of the entire estate to the surviving spouse

11 and 1/2 to the decedent's descendants per stirpes.

12 (b) If there is no surviving spouse but a descendant of the

13 decedent: the entire estate to the decedent's descendants per

14 stirpes.

15 (c) If there is a surviving spouse but no descendant of the

16 decedent: the entire estate to the surviving spouse.

17 (d) If there is no surviving spouse or descendant but the

18 eligible parent or a descendant of the eligible parent of the

19 decedent: the entire estate to the eligible parent and the

20 eligible parent's descendants, allowing 1/2 to the eligible

21 parent and 1/2 to the eligible parent's descendants per

22 stirpes.

23 (e) If there is no surviving spouse, descendant, eligible

24 parent, or descendant of the eligible parent of the decedent,

25 but a grandparent on the eligible parent's side of the family

26 or descendant of such grandparent of the decedent: the entire

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1 estate to the decedent's grandparents on the eligible parent's

2 side of the family in equal parts, or to the survivor of them,

3 or if there is none surviving, to their descendants per

4 stirpes.

5 (f) If there is no surviving spouse, descendant, eligible

6 parent, descendant of the eligible parent, grandparent on the

7 eligible parent's side of the family, or descendant of such

8 grandparent of the decedent: the entire estate to the

9 decedent's great-grandparents on the eligible parent's side of

10 the family in equal parts or to the survivor of them, or if

11 there is none surviving, to their descendants per stirpes.

12 (g) If there is no surviving spouse, descendant, eligible

13 parent, descendant of the eligible parent, grandparent on the

14 eligible parent's side of the family, descendant of such

15 grandparent, great-grandparent on the eligible parent's side

16 of the family, or descendant of such great-grandparent of the

17 decedent: the entire estate in equal parts to the nearest

18 kindred of the eligible parent of the decedent in equal degree

19 (computing by the rules of the civil law) and without

20 representation.

21 (h) If there is no surviving spouse, descendant, or

22 eligible parent of the decedent and no known kindred of the

23 eligible parent of the decedent: the real estate escheats to

24 the county in which it is located; the personal estate

25 physically located within this State and the personal estate

26 physically located or held outside this State which is the

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1 subject of ancillary administration within this State escheats

2 to the county of which the decedent was a resident or, if the

3 decedent was not a resident of this State, to the county in

4 which it is located; all other personal property of the

5 decedent of every class and character, wherever situate, or the

6 proceeds thereof, shall escheat to this State and be delivered

7 to the State Treasurer of this State pursuant to the Uniform

8 Disposition of Unclaimed Property Act.

9 For purposes of inheritance, the changes made by this

10 amendatory Act of 1998 apply to all decedents who die on or

11 after the effective date of this amendatory Act of 1998. For

12 the purpose of determining the property rights of any person

13 under any instrument, the changes made by this amendatory Act

14 of 1998 apply to all instruments executed on or after the

15 effective date of this amendatory Act of 1998.

16 A nonmarital child ~~born out of wedlock~~ is heir of his

17 mother and of any maternal ancestor and of any person from whom

18 his mother might have inherited, if living; and the descendants

19 of a person who was a nonmarital child ~~born out of wedlock~~

20 shall represent such person and take by descent any estate

21 which the parent would have taken, if living. If a decedent has

22 acknowledged paternity of a nonmarital child ~~born out of~~

23 ~~wedlock~~or if during his lifetime or after his death a decedent

24 has been adjudged to be the father of a nonmarital child ~~born~~

25 ~~out of wedlock~~, that person is heir of his father and of any

26 paternal ancestor and of any person from whom his father might

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1 have inherited, if living; and the descendants of a person who

2 was a nonmarital child ~~born out of wedlock~~ shall represent that

3 person and take by descent any estate which the parent would

4 have taken, if living. If during his lifetime the decedent was

5 adjudged to be the father of anonmarital child ~~born out of~~

6 ~~wedlock~~by a court of competent jurisdiction, an authenticated

7 copy of the judgment is sufficient proof of the paternity; but

8 in all other cases paternity must be proved by clear and

9 convincing evidence. A person who was a nonmarital child ~~born~~

10 ~~out of wedlock~~whose parents intermarry and who is acknowledged

11 by the father as the father's child is a lawful child of the

12 father. After anonmarital child ~~born out of wedlock~~ is

13 adopted, that person's relationship to his or her adopting and

14 natural parents shall be governed by Section 2-4 of this Act.

15 For purposes of inheritance, the changes made by this

16 amendatory Act of 1997 apply to all decedents who die on or

17 after January 1, 1998. For the purpose of determining the

18 property rights of any person under any instrument, the changes

19 made by this amendatory Act of 1997 apply to all instruments

20 executed on or after January 1, 1998.

21 (Source: P.A. 94-229, eff. 1-1-06.)

22 (755 ILCS 5/5-3) (from Ch. 110 1/2, par. 5-3)

23 Sec. 5-3. Power to ascertain and declare heirship -

24 evidence.) (a) The court may ascertain and declare the heirship

25 of any decedent to be entered of record in the court at any

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1 time during the administration of the estate without further

2 notice or, if there is no grant of administration, upon such

3 notice and in such manner as the court directs.

4 (b) The ascertainment of heirship may be made from (1) an

5 affidavit of any person stating the facts from which the

6 heirship of the decedent can be ascertained, which affidavit

7 shall be signed and sworn to or affirmed before any notary

8 public or judge of any court of record in the United States or

9 any of its possessions or territories and certified by the

10 clerk thereof, or before any United States consul, vice-consul,

11 consular agent, secretary of legation or commissioned officer

12 in active service of the United States, within or without the

13 United States, or (2) from evidence either in narrative form or

14 by questions and answers which are reduced to writing and

15 certified by the court declaring the heirship. The seal of

16 office of any notary public, United States consul, vice-consul,

17 consular agent or secretary of legation and the designation of

18 the name, rank and branch of service of any commissioned

19 officer in active service of the armed forces of the United

20 States shall be sufficient evidence of his identity and

21 official character. The affidavit or transcript of evidence

22 shall be filed by the clerk of the court declaring the heirship

23 and remain as a part of the files in the cause.

24 (c) An order of the court declaring heirship is prima facie

25 evidence of the heirship, but any other legal method of proving

26 heirship may be resorted to by any party interested therein in

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1 any place or court where the question may arise.

2 (d) For purposes of this section the court may presume, in

3 the absence of any evidence to the contrary, that the decedent

4 and any person through whom heirship is traced was not the

5 mother or father of any nonmarital child ~~born out of wedlock~~

6 and, if the decedent or the person was a male, that no

7 nonmaritalchild~~born out of wedlock~~ was filiated to or

8 acknowledged or legitimated by the decedent or the person.

9 (Source: P.A. 81-598.)

10 Section 65. The Line of Duty Compensation Act is amended by

11 changing Section 3 as follows:

12 (820 ILCS 315/3) (from Ch. 48, par. 283)

13 Sec. 3. Duty death benefit.

14 (a) If a claim therefor is made within one year of the date

15 of death of a law enforcement officer, civil defense worker,

16 civil air patrol member, paramedic, fireman, chaplain, or State

17 employee killed in the line of duty, or if a claim therefor is

18 made within 2 years of the date of death of an Armed Forces

19 member killed in the line of duty, compensation shall be paid

20 to the person designated by the law enforcement officer, civil

21 defense worker, civil air patrol member, paramedic, fireman,

22 chaplain, State employee, or Armed Forces member. However, if

23 the Armed Forces member was killed in the line of duty before

24 October 18, 2004, the claim must be made within one year of

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1 October 18, 2004.

2 (b) The amount of compensation, except for an Armed Forces

3 member, shall be $10,000 if the death in the line of duty

4 occurred prior to January 1, 1974; $20,000 if such death

5 occurred after December 31, 1973 and before July 1, 1983;

6 $50,000 if such death occurred on or after July 1, 1983 and

7 before January 1, 1996; $100,000 if the death occurred on or

8 after January 1, 1996 and before May 18, 2001; $118,000 if the

9 death occurred on or after May 18, 2001 and before July 1,

10 2002; and $259,038 if the death occurred on or after July 1,

11 2002 and before January 1, 2003. For an Armed Forces member

12 killed in the line of duty (i) at any time before January 1,

13 2005, the compensation is $259,038 plus amounts equal to the

14 increases for 2003 and 2004 determined under subsection (c) and

15 (ii) on or after January 1, 2005, the compensation is the

16 amount determined under item (i) plus the applicable increases

17 for 2005 and thereafter determined under subsection (c).

18 (c) Except as provided in subsection (b), for deaths

19 occurring on or after January 1, 2003, the death compensation

20 rate for death in the line of duty occurring in a particular

21 calendar year shall be the death compensation rate for death

22 occurring in the previous calendar year (or in the case of

23 deaths occurring in 2003, the rate in effect on December 31,

24 2002) increased by a percentage thereof equal to the percentage

25 increase, if any, in the index known as the Consumer Price

26 Index for All Urban Consumers: U.S. city average, unadjusted,

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1 for all items, as published by the United States Department of

2 Labor, Bureau of Labor Statistics, for the 12 months ending

3 with the month of June of that previous calendar year.

4 (d) If no beneficiary is designated or if no designated

5 beneficiary survives at the death of the law enforcement

6 officer, civil defense worker, civil air patrol member,

7 paramedic, fireman, chaplain, or State employee killed in the

8 line of duty, the compensation shall be paid in accordance with

9 a legally binding will left by the law enforcement officer,

10 civil defense worker, civil air patrol member, paramedic,

11 fireman, chaplain, or State employee. If the law enforcement

12 officer, civil defense worker, civil air patrol member,

13 paramedic, fireman, chaplain, or State employee did not leave a

14 legally binding will, the compensation shall be paid as

15 follows:

16 (1) when there is a surviving spouse, the entire sum

17 shall be paid to the spouse;

18 (2) when there is no surviving spouse, but a surviving

19 descendant of the decedent, the entire sum shall be paid to

20 the decedent's descendants per stirpes;

21 (3) when there is neither a surviving spouse nor a

22 surviving descendant, the entire sum shall be paid to the

23 parents of the decedent in equal parts, allowing to the

24 surviving parent, if one is dead, the entire sum; and

25 (4) when there is no surviving spouse, descendant or

26 parent of the decedent, but there are surviving brothers or

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1 sisters, or descendants of a brother or sister, who were

2 receiving their principal support from the decedent at his

3 death, the entire sum shall be paid, in equal parts, to the

4 dependent brothers or sisters or dependent descendant of a

5 brother or sister. Dependency shall be determined by the

6 Court of Claims based upon the investigation and report of

7 the Attorney General.

8 The changes made to this subsection (d) by this amendatory Act

9 of the 94th General Assembly apply to any pending case as long

10 as compensation has not been paid to any party before the

11 effective date of this amendatory Act of the 94th General

12 Assembly.

13 (d-1) For purposes of subsection (d), in the case of a

14 person killed in the line of duty who was a nonmarital child

15 ~~born out of wedlock~~ and was not an adoptive child at the time

16 of the person's death, a person shall be deemed to be a parent

17 of the person killed in the line of duty only if that person

18 would be an eligible parent, as defined in Section 2-2 of the

19 Probate Act of 1975, of the person killed in the line of duty.

20 This subsection (d-1) applies to any pending claim if

21 compensation was not paid to the claimant of the pending claim

22 before the effective date of this amendatory Act of the 94th

23 General Assembly.

24 (d-2) If no beneficiary is designated or if no designated

25 beneficiary survives at the death of the Armed Forces member

26 killed in the line of duty, the compensation shall be paid in

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1 entirety according to the designation made on the most recent

2 version of the Armed Forces member's Servicemembers' Group Life

3 Insurance Election and Certificate ("SGLI").

4 If no SGLI form exists at the time of the Armed Forces

5 member's death, the compensation shall be paid in accordance

6 with a legally binding will left by the Armed Forces member.

7 If no SGLI form exists for the Armed Forces member and the

8 Armed Forces member did not leave a legally binding will, the

9 compensation shall be paid to the persons and in the priority

10 as set forth in paragraphs (1) through (4) of subsection (d) of

11 this Section.

12 This subsection (d-2) applies to any pending case as long

13 as compensation has not been paid to any party before the

14 effective date of this amendatory Act of the 94th General

15 Assembly.

16 (e) If there is no beneficiary designated or if no

17 designated beneficiary survives at the death of the law

18 enforcement officer, civil defense worker, civil air patrol

19 member, paramedic, fireman, chaplain, State employee, or Armed

20 Forces member killed in the line of duty and there is no other

21 person or entity to whom compensation is payable under this

22 Section, no compensation shall be payable under this Act.

23 (f) No part of such compensation may be paid to any other

24 person for any efforts in securing such compensation.

25 (g) This amendatory Act of the 93rd General Assembly

26 applies to claims made on or after October 18, 2004 with

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1 respect to an Armed Forces member killed in the line of duty.

2 (h) In any case for which benefits have not been paid

3 within 6 months of the claim being filed in accordance with

4 this Section, which is pending as of the effective date of this

5 amendatory Act of the 96th General Assembly, and in which there

6 are 2 or more beneficiaries, at least one of whom would receive

7 at least a portion of the total benefit regardless of the

8 manner in which the Court of Claims resolves the claim, the

9 Court shall direct the Comptroller to pay the minimum amount of

10 money which the determinate beneficiary would receive together

11 with all interest payment penalties which have accrued on that

12 portion of the award being paid within 30 days of the effective

13 date of this amendatory Act of the 96th General Assembly. For

14 purposes of this subsection (h), "determinate beneficiary"

15 means the beneficiary who would receive any portion of the

16 total benefit claimed regardless of the manner in which the

17 Court of Claims adjudicates the claim.

18 (i) The Court of Claims shall ensure that all individuals

19 who have filed an application to claim the duty death benefit

20 for a deceased member of the Armed Forces pursuant to this

21 Section or for a fireman pursuant to this Section, or their

22 designated representative, shall have access, on a timely basis

23 and in an efficient manner, to all information related to the

24 court's consideration, processing, or adjudication of the

25 claim, including, but not limited to, the following:

26 (1) a reliable estimate of when the Court of Claims

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1 will adjudicate the claim, or if the Court cannot estimate

2 when it will adjudicate the claim, a full written

3 explanation of the reasons for this inability; and

4 (2) a reliable estimate, based upon consultation with

5 the Comptroller, of when the benefit will be paid to the

6 claimant.

7 (j) The Court of Claims shall send written notice to all

8 claimants within 2 weeks of the initiation of a claim

9 indicating whether or not the application is complete. For

10 purposes of this subsection (j), an application is complete if

11 a claimant has submitted to the Court of Claims all documents

12 and information the Court requires for adjudicating and paying

13 the benefit amount. For purposes of this subsection (j), a

14 claim for the duty death benefit is initiated when a claimant

15 submits any of the application materials required for

16 adjudicating the claim to the Court of Claims. In the event a

17 claimant's application is incomplete, the Court shall include

18 in its written notice a list of the information or documents

19 which the claimant must submit in order for the application to

20 be complete. In no case may the Court of Claims deny a claim

21 and subsequently re-adjudicate the same claim for the purpose

22 of evading or reducing the interest penalty payment amount

23 payable to any claimant.

24 (Source: P.A. 95-928, eff. 8-26-08; 96-539, eff. 1-1-10;

25 96-923, eff. 1-1-11.)

HB0497

- 64 -

LRB099 04116 HEP 24135 b

INDEX

Statutes amended in order of appearance