98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5641

 

Introduced , by Rep. Deborah Conroy

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 16/15

    Amends the Non-Support Punishment Act. Provides that it is a Class 4 felony if a person willfully fails to pay a support obligation required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than 1 year, or is in arrears in an amount greater than $15,000 (instead of $20,000), and the person has the ability to provide the support.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5641LRB098 17189 HEP 52278 b

1    AN ACT concerning family law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Non-Support Punishment Act is amended by
5changing Section 15 as follows:
 
6    (750 ILCS 16/15)
7    Sec. 15. Failure to support.
8    (a) A person commits the offense of failure to support when
9he or she:
10        (1) willfully, without any lawful excuse, refuses to
11    provide for the support or maintenance of his or her
12    spouse, with the knowledge that the spouse is in need of
13    such support or maintenance, or, without lawful excuse,
14    deserts or willfully refuses to provide for the support or
15    maintenance of his or her child or children in need of
16    support or maintenance and the person has the ability to
17    provide the support; or
18        (2) willfully fails to pay a support obligation
19    required under a court or administrative order for support,
20    if the obligation has remained unpaid for a period longer
21    than 6 months, or is in arrears in an amount greater than
22    $5,000, and the person has the ability to provide the
23    support; or

 

 

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1        (3) leaves the State with the intent to evade a support
2    obligation required under a court or administrative order
3    for support, if the obligation, regardless of when it
4    accrued, has remained unpaid for a period longer than 6
5    months, or is in arrears in an amount greater than $10,000;
6    or
7        (4) willfully fails to pay a support obligation
8    required under a court or administrative order for support,
9    if the obligation has remained unpaid for a period longer
10    than one year, or is in arrears in an amount greater than
11    $15,000 $20,000, and the person has the ability to provide
12    the support.
13    (a-5) Presumption of ability to pay support. The existence
14of a court or administrative order of support that was not
15based on a default judgment and was in effect for the time
16period charged in the indictment or information creates a
17rebuttable presumption that the obligor has the ability to pay
18the support obligation for that time period.
19    (b) Sentence. A person convicted of a first offense under
20subdivision (a)(1) or (a)(2) is guilty of a Class A
21misdemeanor. A person convicted of an offense under subdivision
22(a)(3) or (a)(4) or a second or subsequent offense under
23subdivision (a)(1) or (a)(2) is guilty of a Class 4 felony.
24    (c) Expungement. A person convicted of a first offense
25under subdivision (a)(1) or (a)(2) who is eligible for the
26Earnfare program, shall, in lieu of the sentence prescribed in

 

 

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1subsection (b), be referred to the Earnfare program. Upon
2certification of completion of the Earnfare program, the
3conviction shall be expunged. If the person fails to
4successfully complete the Earnfare program, he or she shall be
5sentenced in accordance with subsection (b).
6    (d) Fine. Sentences of imprisonment and fines for offenses
7committed under this Act shall be as provided under Articles 8
8and 9 of Chapter V of the Unified Code of Corrections, except
9that the court shall order restitution of all unpaid support
10payments and may impose the following fines, alone, or in
11addition to a sentence of imprisonment under the following
12circumstances:
13        (1) from $1,000 to $5,000 if the support obligation has
14    remained unpaid for a period longer than 2 years, or is in
15    arrears in an amount greater than $1,000 and not exceeding
16    $10,000;
17        (2) from $5,000 to $10,000 if the support obligation
18    has remained unpaid for a period longer than 5 years, or is
19    in arrears in an amount greater than $10,000 and not
20    exceeding $20,000; or
21        (3) from $10,000 to $25,000 if the support obligation
22    has remained unpaid for a period longer than 8 years, or is
23    in arrears in an amount greater than $20,000.
24    (e) Restitution shall be ordered in an amount equal to the
25total unpaid support obligation as it existed at the time of
26sentencing. Any amounts paid by the obligor shall be allocated

 

 

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1first to current support and then to restitution ordered and
2then to fines imposed under this Section.
3    (f) For purposes of this Act, the term "child" shall have
4the meaning ascribed to it in Section 505 of the Illinois
5Marriage and Dissolution of Marriage Act.
6(Source: P.A. 91-613, eff. 10-1-99; 92-876, eff. 6-1-03.)