Creates the Family Law Definitions Act. Defines and requires the use of the terms "high conflict", "parental alienation", and "safe parent" in family law cases. Provides that no alternative similar terms may be used or invented if their use or interpretation has the purpose or effect of evading compliance with these definitions. Provides that failure by a court to apply these definitions, if applicable, is reversible legal error and is cause for an appeal.
Rep. Anne Stava
Sponsored bills
Creates the Aligning Recommendations with Children's Actual Clinical and Emergency Needs and Determinations Act (ARC-ACEND). Provides that if a child who is the subject of a custody or parenting-time dispute has a serious medical condition, all recommendations made by guardian ad litem, child representative, evaluator, mediator, or other court-appointed officer are deemed provisional and may not be used by the court until a qualified medical provider certifies, in writing, that the recommendation is consistent with the child's clinical needs and medical best interests. Requires that if a qualified medical provider determines that a provisional recommendation is not consistent with the child's clinical needs or medical best interests, the recommendation must be modified to at least the minimum extent necessary to achieve consistency with the recommendations of the qualified medical provider. Provides that nothing in the Act may be construed to limit the court's authority to order additional or more protective modifications if consistent with the child's clinical needs or medical best interests, but the court may not impose less protective measures or measures inconsistent with the qualified medical provider's recommendations. Requires that if the court alters the recommended modifications of the qualified medical provider, it must rule in writing and specify the reasons for the alteration, and the qualified medical provider and the child's primary caregiver must be given an opportunity to respond before the order becomes final. Requires medical consistency for children with a serious medical condition to supersede all other considerations, including but not limited to, geography, parental preferences, logistical convenience or feasibility, or generalized notions of co-parenting balance. Provides that for any child with a serious medical condition, it is per se contrary to the child's medical best interests to be separated from a safe parent who is primarily or predominantly responsible for the child's day-to-day condition-related care, monitoring, or condition management. Provides that this presumption may be rebutted only by clear and convincing evidence, supported by qualified medical testimony, that separation is medically necessary for the child's safety or clinical well-being.
Creates the Supervised Parenting Safety and Fairness Act. Makes legislative findings. Requires that before a court may order supervised parenting time, it must determine whether qualified supervisors are reasonably available within the child's geographic area and shall document the inquiry. Requires that if supervision is warranted, the court may not order or permit unsupervised parenting time solely because no qualified supervisor is available. Provides that if no qualified supervisor is available, the court shall maintain the restriction on unsupervised parenting time and order one or more statutorily authorized alternatives, including temporary suspension of in-person parenting time, virtual contact, therapeutic supervised contact, or other protective measures necessary to ensure safety. Provides a rebuttable presumption of supervised parenting time: (1) in any case in which that parent has committed abuse against the child or the other parent based on a preponderance of the evidence; (2) when the other parent has an active order of protection against the parent in question which has been upheld or extended after a hearing. Provides that evidence of abuse may not be given weight if it appears more probable than not to be manufactured or the product of coaching or fabricated, unless and until it can be independently corroborated.
Amends the State Universities Article of the Illinois Pension Code. Provides that a survivors insurance beneficiary or the personal representative of the estate of a deceased survivors insurance beneficiary or the personal representative of a survivors insurance beneficiary who is under a legal disability may waive the right to receive survivorship benefits, provided written notice of the waiver is given by the beneficiary or representative to the Board of Trustees within 6 months after the System notified that person of the benefits payable upon the death (instead of 6 months after the death) of the participant or annuitant and before any payment is made pursuant to an application filed by such person. Effective immediately.
Amends the Criminal Code of 2012. Provides that the offense of methamphetamine trafficking may be tried in any county. Permits the Attorney General to authorize certain eavesdropping requests from law enforcement. Amends the Code of Criminal Procedure of 1963. Permits the Attorney General or an Assistant Attorney General authorized by the Attorney General to authorize an application to a circuit judge or an associate judge assigned by the Chief Judge of the circuit for, and such judge may grant in conformity with the Judicial Supervision of the Use of Eavesdropping Devices Article of the Code, an order authorizing or approving the use of an eavesdropping device by a law enforcement officer or agency having the responsibility for the investigation of any felony under Illinois law where any one party to a conversation to be monitored, or previously monitored in the case of an emergency situation, has consented to such monitoring. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute theft, retail theft, Internet offenses, continuing financial crimes enterprise, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, burglary, residential burglary, and home invasion if the offense involves acts occurring in more than one county of the State.
Amends the Code of Criminal Procedure of 1963. Provides that an eligible offender or an eligible offender's attorney or an attorney associate of the attorney (rather than the State's Attorney of the county in which the defendant was sentenced) may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the court has 6 months from when a petition was filed to respond to the petition. Provides that the criteria for being an "eligible offender" are that the eligible offender: (1) must have been originally sentenced to 10 or more years in the Department of Corrections by a circuit court of this State; (2) must have been convicted for a crime that is not a violent crime for which the offender is seeking resentencing; (3) must have participated in educational programs, drug programs, or received earned credit through work programs; (4) must have served a minimum of 24 months in the Department of Corrections for the conviction in which the offender is seeking resentencing; (5) must not have violated serious rules or disciplinary standards within the Department of Corrections in the last 24 months prior the filing of the petition; and (6) must have remained in the least restrictive privilege level for privileges within the Department of Corrections for incarcerated persons, one year prior to the petition.
Amends the Control Over Building and Construction Article of the Illinois Municipal Code. Provides that a municipality may not prohibit the building or usage of accessory dwelling units in the municipality. Provides that a municipality may provide reasonable regulations relating to the size and location of accessory dwelling units similar to other accessory structures unless a regulation would have the effect of prohibiting accessory dwelling units. Limits home rule powers. Defines terms.
Amends the Illinois Vehicle Code. Provides that a person operating a bicycle on the roadways of this State shall not be prohibited from side-by-side riding, riding contraflow on one-way streets, and rolling through stop signs at clear intersections.
Amends the Illinois Trust Code. Requires a trustee to maintain, for a minimum of 7 years after the termination of the trust, a copy of the governing trust instrument under which the trustee was authorized to act at the time the trust terminated. Amends the Revised Uniform Unclaimed Property Act. Provides that property held in an account or plan, including a health savings account, that qualifies for tax deferral under the United States income tax law, is presumed abandoned 20 years after the account was opened. Requires State agencies to report final compensation due a State employee to the Treasurer's Office as unclaimed property if the employee dies while employed. Requires a holder who holds property presumed abandoned to hold the property in trust for the benefit of the State Treasurer on behalf of the owner from and after the date the property is presumed abandoned. Requires that the State Treasurer provide written notice to a State agency and the Governor's Office of Management and Budget of property presumed to be abandoned and allegedly owned by the State agency before it can be escheated to the State's General Revenue Fund if the property remains unclaimed after one year. Creates authority for the Secretary of the Department of Financial and Professional Regulation to order a regulated person under the Act to immediately report and remit property subject to the Act if the Secretary determines that the action is necessary to protect the interest of an owner. Establishes a procedure regulating agreements between an owner or apparent owner and a finder to locate or recover property held by the State Treasurer. Requires a finder to be licensed by the State Treasurer and creates qualifications to be so licensed. Makes definitions. Makes other changes. The Treasurer is authorized to adopt rules as necessary to implement the Act. Effective immediately.
Amends the Illinois Insurance Code. Establishes reimbursement rates for mental health and substance use disorder treatment services for all group or individual policies of accident and health insurance or managed care plans that are amended, delivered, issued, or renewed on or after January 1, 2027 or for any contracted third party administering the behavioral health benefits for the insurer. Requires a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2026 or any contracted third party administering the behavioral health benefits for the insurer to cover certain medically necessary mental health and substance use disorder treatment services. Provides that, if the Department of Insurance determines that an insurer or a contracted third party administering the behavioral health benefits for the insurer has violated a provision concerning mental health and substance use parity, the Department shall by order assess a civil penalty of $1,000 for each violation. Excludes certain health care plans serving Medicaid populations who are enrolled under the Illinois Public Aid Code or under the Children's Health Insurance Program Act from provisions concerning mental health and substance use parity. Requires the Department to review the impact of the proposed mental health and substance abuse mandate on network adequacy for mental health and substance use disorder treatment and access to affordable mental health and substance use care. Permits the Department to examine out-of-network utilization and out-of-pocket costs for insureds for mental health and substance use treatment and services for all plans to compare with in-network utilization. Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, and the School Code to require coverage under those provisions. Effective immediately.