republic-os/legislation/us/states/il/94th/sb-2738.md

---
type: "Bill"
title: "ADOPTION ACT UNFIT PERSON"
description: "Amends the Adoption Act. Provides that there is a rebuttable presumption, which can be overcome only by clear and convincing evidence, that a parent is unfit if there are 2 or more findings of physical abuse by the juvenile court under the Juvenile Court Act of 1987 (deletes references to the former Juvenile Court Act), the parent has been convicted or found not guilty by reason of insanity in a case of the death of a child by physical abuse, or there is a finding of physical child abuse resulting from the death of a child under the Juvenile Court Act of 1987. Adds to the list of criminal convictions that create a presumption that a parent is depraved by including predatory criminal sexual assault of a child (deletes aggravated criminal sexual assault), heinous battery of a child, or aggravated battery of a child."
jurisdiction: "us/states/il"
legislature: "Illinois General Assembly"
session: "94th"
identifier: "SB 2738"
citation: "Illinois SB 2738 (94th)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: []
version_count: 3
action_count: 32
vote_count: 2
first_action: "2006-01-20"
last_action: "2006-06-26"
source: "openstates"
source_identifier: "ocd-bill/36b6b3ec-36af-4783-9baf-ac3c2b1c01ab"
source_url: "http://ilga.gov/legislation/BillStatus.asp?DocNum=2738&GAID=8&DocTypeID=SB&LegId=23716&SessionID=50&GA=94"
source_hash: "c4b388a0e00ac496759f97834e079058d8d4acc84cf9a8848bef6507869bda81"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-il"]
---

# Illinois SB 2738 (94th) — ADOPTION ACT UNFIT PERSON

Amends the Adoption Act. Provides that there is a rebuttable presumption, which can be overcome only by clear and convincing evidence, that a parent is unfit if there are 2 or more findings of physical abuse by the juvenile court under the Juvenile Court Act of 1987 (deletes references to the former Juvenile Court Act), the parent has been convicted or found not guilty by reason of insanity in a case of the death of a child by physical abuse, or there is a finding of physical child abuse resulting from the death of a child under the Juvenile Court Act of 1987. Adds to the list of criminal convictions that create a presumption that a parent is depraved by including predatory criminal sexual assault of a child (deletes aggravated criminal sexual assault), heinous battery of a child, or aggravated battery of a child.

## Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. **Introduced** (filed) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09400SB2738&GA=94&SessionId=50&DocTypeId=SB&LegID=23716&DocNum=2738&GAID=8&Session=&print=true)
2. **Engrossed** (committee substitute) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09400SB2738eng&GA=94&SessionId=50&DocTypeId=SB&LegID=23716&DocNum=2738&GAID=8&Session=&print=true)
3. **Enrolled** (enrolled) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09400SB2738enr&GA=94&SessionId=50&DocTypeId=SB&LegID=23716&DocNum=2738&GAID=8&Session=&print=true)

## Votes

- Third Reading — **113–0** (pass) · lower
- Third Reading — **58–0** (pass) · upper

## Sponsors

- Edward D. Maloney — primary (person)

## Timeline

The legislative action history — every referral, reading, and vote.

- **2006-01-20** Filed with Secretary by Sen. Edward D. Maloney `filing`
- **2006-01-20** First Reading `reading-1`
- **2006-01-20** Referred to Rules `referral-committee`
- **2006-02-08** Assigned to Judiciary `referral-committee`
- **2006-02-14** Senate Committee Amendment No. 1 Filed with Secretary by Sen. Edward D. Maloney `amendment-introduction`
- **2006-02-14** Senate Committee Amendment No. 1 Referred to Rules `referral-committee`
- **2006-02-14** Senate Committee Amendment No. 1 Rules Refers to Judiciary
- **2006-02-14** Senate Committee Amendment No. 1 Adopted `amendment-passage`
- **2006-02-15** Do Pass as Amended Judiciary; 010-000-000 `committee-passage`
- **2006-02-15** Placed on Calendar Order of 2nd Reading February 16, 2006
- **2006-02-16** Second Reading `reading-2`
- **2006-02-16** Placed on Calendar Order of 3rd Reading February 22, 2006
- **2006-02-22** Third Reading - Passed; 058-000-000 `reading-3, passage`
- **2006-02-22** Arrived in House `introduction`
- **2006-02-22** Placed on Calendar Order of First Reading `reading-1`
- **2006-02-23** Chief House Sponsor Rep. Patricia Reid Lindner
- **2006-02-23** Added Alternate Chief Co-Sponsor Rep. Sara Feigenholtz
- **2006-02-23** First Reading `reading-1`
- **2006-02-23** Referred to Rules Committee `referral-committee`
- **2006-03-08** Assigned to Adoption Reform `referral-committee`
- **2006-03-23** Do Pass / Short Debate Adoption Reform; 005-000-000 `committee-passage`
- **2006-03-24** Placed on Calendar 2nd Reading - Short Debate
- **2006-03-24** Added Alternate Chief Co-Sponsor Rep. Linda Chapa LaVia
- **2006-03-24** Added Alternate Chief Co-Sponsor Rep. Naomi D. Jakobsson
- **2006-03-28** Second Reading - Short Debate `reading-2`
- **2006-03-28** Placed on Calendar Order of 3rd Reading - Short Debate
- **2006-03-30** Third Reading - Short Debate - Passed 113-000-000 `reading-3, passage`
- **2006-03-30** Passed Both Houses
- **2006-04-28** Sent to the Governor `executive-receipt`
- **2006-06-26** Governor Approved `executive-signature`
- **2006-06-26** Effective Date January 1, 2007
- **2006-06-26** Public Act . . . . . . . . . 94-0939 `became-law`

## Source

OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/36b6b3ec-36af-4783-9baf-ac3c2b1c01ab`. Confidence: reported (aggregated from official Illinois legislature records).