101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2494

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/10-17.6  from Ch. 23, par. 10-17.6
625 ILCS 5/6-118
625 ILCS 5/6-201
625 ILCS 5/6-303  from Ch. 95 1/2, par. 6-303
705 ILCS 105/27.1b
750 ILCS 5/505  from Ch. 40, par. 505
750 ILCS 5/607.5
750 ILCS 16/50
750 ILCS 46/805
625 ILCS 5/Ch. 7 Art. VII rep.

     Amends the Illinois Vehicle Code. Repeals an Article governing the suspension of a person's driver's license for nonpayment of child support or failure to comply with a visitation order. Makes corresponding changes in the Non-Support Punishment Act, Illinois Parentage Act of 2015, Illinois Public Aid Code, Supreme Court Act, Illinois Marriage and Dissolution of Marriage Act, and Clerks of Courts Act.


LRB101 08785 TAE 53872 b

 

 

A BILL FOR

 

HB2494LRB101 08785 TAE 53872 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 10-17.6 as follows:
 
6    (305 ILCS 5/10-17.6)  (from Ch. 23, par. 10-17.6)
7    Sec. 10-17.6. Certification of Information to Licensing
8Agencies.
9    (a) The Illinois Department may provide by rule for
10certification to any State licensing agency to suspend, revoke,
11or deny issuance or renewal of licenses because of (i) the
12failure of responsible relatives to comply with subpoenas or
13warrants relating to paternity or child support proceedings and
14(ii) past due support owed by responsible relatives under a
15support order entered by a court or administrative body of this
16or any other State on behalf of resident or non-resident
17persons receiving child support enforcement services under
18Title IV, Part D of the Social Security Act. The rule shall
19provide for notice to and an opportunity to be heard by each
20responsible relative affected and any final administrative
21decision rendered by the Department shall be reviewed only
22under and in accordance with the Administrative Review Law.
23    (b) The Illinois Department may provide by rule for

 

 

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1directing the Secretary of State to issue family financial
2responsibility driving permits upon petition of responsible
3relatives whose driver's licenses have been suspended in
4accordance with subsection (b) of Section 7-702.1 of the
5Illinois Vehicle Code. Any final administrative decisions
6rendered by the Department upon such petitions shall be
7reviewable only under and in accordance with the Administrative
8Review Law.
9(Source: P.A. 95-685, eff. 10-23-07; 96-1284, eff. 1-1-11.)
 
10    Section 10. The Illinois Vehicle Code is amended by
11changing Sections 6-118, 6-201, and 6-303 as follows:
 
12    (625 ILCS 5/6-118)
13    Sec. 6-118. Fees.
14    (a) The fees fee for licenses and permits under this
15Article are is as follows:
16    Original driver's license.............................$30
17    Original or renewal driver's license
18        issued to 18, 19 and 20 year olds.................. 5
19    All driver's licenses for persons
20        age 69 through age 80.............................. 5
21    All driver's licenses for persons
22        age 81 through age 86.............................. 2
23    All driver's licenses for persons
24        age 87 or older.....................................0

 

 

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1    Renewal driver's license (except for
2        applicants ages 18, 19 and 20 or
3        age 69 and older)..................................30
4    Original instruction permit issued to
5        persons (except those age 69 and older)
6        who do not hold or have not previously
7        held an Illinois instruction permit or
8        driver's license.................................. 20
9    Instruction permit issued to any person
10        holding an Illinois driver's license
11        who wishes a change in classifications,
12        other than at the time of renewal.................. 5
13    Any instruction permit issued to a person
14        age 69 and older................................... 5
15    Instruction permit issued to any person,
16        under age 69, not currently holding a
17        valid Illinois driver's license or
18        instruction permit but who has
19        previously been issued either document
20        in Illinois....................................... 10
21    Restricted driving permit.............................. 8
22    Monitoring device driving permit...................... 8
23    Duplicate or corrected driver's license
24        or permit.......................................... 5
25    Duplicate or corrected restricted
26        driving permit..................................... 5

 

 

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1    Duplicate or corrected monitoring
2    device driving permit.................................. 5
3    Duplicate driver's license or permit issued to
4        an active-duty member of the
5        United States Armed Forces,
6        the member's spouse, or
7        the dependent children living
8        with the member................................... 0
9    Original or renewal M or L endorsement................. 5
10SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
11        The fees for commercial driver licenses and permits
12    under Article V shall be as follows:
13    Commercial driver's license:
14        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
15        (Commercial Driver's License Information
16        System/American Association of Motor Vehicle
17        Administrators network/National Motor Vehicle
18        Title Information Service Trust Fund);
19        $20 for the Motor Carrier Safety Inspection Fund;
20        $10 for the driver's license;
21        and $24 for the CDL:............................. $60
22    Renewal commercial driver's license:
23        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
24        $20 for the Motor Carrier Safety Inspection Fund;
25        $10 for the driver's license; and
26        $24 for the CDL:................................. $60

 

 

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1    Commercial learner's permit
2        issued to any person holding a valid
3        Illinois driver's license for the
4        purpose of changing to a
5        CDL classification: $6 for the
6        CDLIS/AAMVAnet/NMVTIS Trust Fund;
7        $20 for the Motor Carrier
8        Safety Inspection Fund; and
9        $24 for the CDL classification................... $50
10    Commercial learner's permit
11        issued to any person holding a valid
12        Illinois CDL for the purpose of
13        making a change in a classification,
14        endorsement or restriction........................ $5
15    CDL duplicate or corrected license.................... $5
16    In order to ensure the proper implementation of the Uniform
17Commercial Driver License Act, Article V of this Chapter, the
18Secretary of State is empowered to prorate pro-rate the $24 fee
19for the commercial driver's license proportionate to the
20expiration date of the applicant's Illinois driver's license.
21    The fee for any duplicate license or permit shall be waived
22for any person who presents the Secretary of State's office
23with a police report showing that his license or permit was
24stolen.
25    The fee for any duplicate license or permit shall be waived
26for any person age 60 or older whose driver's license or permit

 

 

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1has been lost or stolen.
2    No additional fee shall be charged for a driver's license,
3or for a commercial driver's license, when issued to the holder
4of an instruction permit for the same classification or type of
5license who becomes eligible for such license.
6    The fee for a restricted driving permit under this
7subsection (a) shall be imposed annually until the expiration
8of the permit.
9    (a-5) The fee for a driver's record or data contained
10therein is $12.
11    (b) Any person whose license or privilege to operate a
12motor vehicle in this State has been suspended or revoked under
13Section 3-707, any provision of Chapter 6, Chapter 11, or
14Section 7-205 or , 7-303, or 7-702 of the Family Financial
15Responsibility Law of this Code, shall in addition to any other
16fees required by this Code, pay a reinstatement fee as follows:
17    Suspension under Section 3-707..................... $100
18    Suspension under Section 11-1431....................$100
19    Summary suspension under Section 11-501.1...........$250
20    Suspension under Section 11-501.9...................$250
21    Summary revocation under Section 11-501.1............$500
22    Other suspension......................................$70
23    Revocation...........................................$500
24    Any However, any person whose license or privilege to
25operate a motor vehicle in this State has been suspended or
26revoked for a second or subsequent time for a violation of

 

 

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1Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
2provision of a local ordinance or a similar out-of-state
3offense or Section 9-3 of the Criminal Code of 1961 or the
4Criminal Code of 2012 and each suspension or revocation was for
5a violation of Section 11-501, 11-501.1, or 11-501.9 of this
6Code or a similar provision of a local ordinance or a similar
7out-of-state offense or Section 9-3 of the Criminal Code of
81961 or the Criminal Code of 2012 shall pay, in addition to any
9other fees required by this Code, a reinstatement fee as
10follows:
11    Summary suspension under Section 11-501.1............$500
12    Suspension under Section 11-501.9...................$500
13    Summary revocation under Section 11-501.1............$500
14    Revocation...........................................$500
15    (c) All fees collected under the provisions of this Chapter
166 shall be disbursed under subsection (g) of Section 2-119 of
17this Code, except as follows:
18        1. The following amounts shall be paid into the Drivers
19    Education Fund:
20            (A) $16 of the $20 fee for an original driver's
21        instruction permit;
22            (B) $5 of the $30 fee for an original driver's
23        license;
24            (C) $5 of the $30 fee for a 4 year renewal driver's
25        license;
26            (D) $4 of the $8 fee for a restricted driving

 

 

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1        permit; and
2            (E) $4 of the $8 fee for a monitoring device
3        driving permit.
4        2. $30 of the $250 fee for reinstatement of a license
5    summarily suspended under Section 11-501.1 or suspended
6    under Section 11-501.9 shall be deposited into the Drunk
7    and Drugged Driving Prevention Fund. However, for a person
8    whose license or privilege to operate a motor vehicle in
9    this State has been suspended or revoked for a second or
10    subsequent time for a violation of Section 11-501,
11    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
12    Criminal Code of 1961 or the Criminal Code of 2012, $190 of
13    the $500 fee for reinstatement of a license summarily
14    suspended under Section 11-501.1 or suspended under
15    Section 11-501.9, and $190 of the $500 fee for
16    reinstatement of a revoked license shall be deposited into
17    the Drunk and Drugged Driving Prevention Fund. $190 of the
18    $500 fee for reinstatement of a license summarily revoked
19    pursuant to Section 11-501.1 shall be deposited into the
20    Drunk and Drugged Driving Prevention Fund.
21        3. $6 of the original or renewal fee for a commercial
22    driver's license and $6 of the commercial learner's permit
23    fee when the permit is issued to any person holding a valid
24    Illinois driver's license, shall be paid into the
25    CDLIS/AAMVAnet/NMVTIS Trust Fund.
26        4. $30 of the $70 fee for reinstatement of a license

 

 

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1    suspended under the Family Financial Responsibility Law
2    shall be paid into the Family Responsibility Fund.
3        5. The $5 fee for each original or renewal M or L
4    endorsement shall be deposited into the Cycle Rider Safety
5    Training Fund.
6        6. $20 of any original or renewal fee for a commercial
7    driver's license or commercial learner's permit shall be
8    paid into the Motor Carrier Safety Inspection Fund.
9        7. The following amounts shall be paid into the General
10    Revenue Fund:
11            (A) $190 of the $250 reinstatement fee for a
12        summary suspension under Section 11-501.1 or a
13        suspension under Section 11-501.9;
14            (B) $40 of the $70 reinstatement fee for any other
15        suspension provided in subsection (b) of this Section;
16        and
17            (C) $440 of the $500 reinstatement fee for a first
18        offense revocation and $310 of the $500 reinstatement
19        fee for a second or subsequent revocation.
20        8. Fees collected under paragraph (4) of subsection (d)
21    and subsection (h) of Section 6-205 of this Code;
22    subparagraph (C) of paragraph 3 of subsection (c) of
23    Section 6-206 of this Code; and paragraph (4) of subsection
24    (a) of Section 6-206.1 of this Code, shall be paid into the
25    funds set forth in those Sections.
26    (d) All of the proceeds of the additional fees imposed by

 

 

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1this amendatory Act of the 96th General Assembly shall be
2deposited into the Capital Projects Fund.
3    (e) The additional fees imposed by this amendatory Act of
4the 96th General Assembly shall become effective 90 days after
5becoming law.
6    (f) As used in this Section, "active-duty member of the
7United States Armed Forces" means a member of the Armed
8Services or Reserve Forces of the United States or a member of
9the Illinois National Guard who is called to active duty
10pursuant to an executive order of the President of the United
11States, an act of the Congress of the United States, or an
12order of the Governor.
13(Source: P.A. 99-127, eff. 1-1-16; 99-438, eff. 1-1-16; 99-642,
14eff. 7-28-16; 99-933, eff. 1-27-17; 100-590, eff. 6-8-18;
15100-803, eff. 1-1-19; revised 10-24-18.)
 
16    (625 ILCS 5/6-201)
17    Sec. 6-201. Authority to cancel licenses and permits.
18    (a) The Secretary of State is authorized to cancel any
19license or permit upon determining that the holder thereof:
20        1. was not entitled to the issuance thereof hereunder;
21    or
22        2. failed to give the required or correct information
23    in his application; or
24        3. failed to pay any fees, civil penalties owed to the
25    Illinois Commerce Commission, or taxes due under this Act

 

 

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1    and upon reasonable notice and demand; or
2        4. committed any fraud in the making of such
3    application; or
4        5. is ineligible therefor under the provisions of
5    Section 6-103 of this Act, as amended; or
6        6. has refused or neglected to submit an alcohol, drug,
7    and intoxicating compound evaluation or to submit to
8    examination or re-examination as required under this Act;
9    or
10        7. has been convicted of violating the Cannabis Control
11    Act, the Illinois Controlled Substances Act, the
12    Methamphetamine Control and Community Protection Act, or
13    the Use of Intoxicating Compounds Act while that individual
14    was in actual physical control of a motor vehicle. For
15    purposes of this Section, any person placed on probation
16    under Section 10 of the Cannabis Control Act, Section 410
17    of the Illinois Controlled Substances Act, or Section 70 of
18    the Methamphetamine Control and Community Protection Act
19    shall not be considered convicted. Any person found guilty
20    of this offense, while in actual physical control of a
21    motor vehicle, shall have an entry made in the court record
22    by the judge that this offense did occur while the person
23    was in actual physical control of a motor vehicle and order
24    the clerk of the court to report the violation to the
25    Secretary of State as such. After the cancellation, the
26    Secretary of State shall not issue a new license or permit

 

 

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1    for a period of one year after the date of cancellation.
2    However, upon application, the Secretary of State may, if
3    satisfied that the person applying will not endanger the
4    public safety, or welfare, issue a restricted driving
5    permit granting the privilege of driving a motor vehicle
6    between the petitioner's residence and petitioner's place
7    of employment or within the scope of the petitioner's
8    employment related duties, or to allow transportation for
9    the petitioner or a household member of the petitioner's
10    family for the receipt of necessary medical care, or
11    provide transportation for the petitioner to and from
12    alcohol or drug remedial or rehabilitative activity
13    recommended by a licensed service provider, or for the
14    petitioner to attend classes, as a student, in an
15    accredited educational institution. The petitioner must
16    demonstrate that no alternative means of transportation is
17    reasonably available; provided that the Secretary's
18    discretion shall be limited to cases where undue hardship,
19    as defined by the rules of the Secretary of State, would
20    result from a failure to issue such restricted driving
21    permit. In each case the Secretary of State may issue such
22    restricted driving permit for such period as he deems
23    appropriate, except that such permit shall expire no later
24    than 2 years from the date of issuance. A restricted
25    driving permit issued hereunder shall be subject to
26    cancellation, revocation and suspension by the Secretary

 

 

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1    of State in like manner and for like cause as a driver's
2    license issued hereunder may be cancelled, revoked or
3    suspended; except that a conviction upon one or more
4    offenses against laws or ordinances regulating the
5    movement of traffic shall be deemed sufficient cause for
6    the revocation, suspension or cancellation of a restricted
7    driving permit. The Secretary of State may, as a condition
8    to the issuance of a restricted driving permit, require the
9    applicant to participate in a driver remedial or
10    rehabilitative program. In accordance with 49 C.F.R. 384,
11    the Secretary of State may not issue a restricted driving
12    permit for the operation of a commercial motor vehicle to a
13    person holding a CDL whose driving privileges have been
14    revoked, suspended, cancelled, or disqualified under this
15    Code; or
16        8. failed to submit a report as required by Section
17    6-116.5 of this Code; or
18        9. has been convicted of a sex offense as defined in
19    the Sex Offender Registration Act. The driver's license
20    shall remain cancelled until the driver registers as a sex
21    offender as required by the Sex Offender Registration Act,
22    proof of the registration is furnished to the Secretary of
23    State and the sex offender provides proof of current
24    address to the Secretary; or
25        10. is ineligible for a license or permit under Section
26    6-107, 6-107.1, or 6-108 of this Code; or

 

 

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1        11. refused or neglected to appear at a Driver Services
2    facility to have the license or permit corrected and a new
3    license or permit issued or to present documentation for
4    verification of identity; or
5        12. failed to submit a medical examiner's certificate
6    or medical variance as required by 49 C.F.R. 383.71 or
7    submitted a fraudulent medical examiner's certificate or
8    medical variance; or
9        13. has had his or her medical examiner's certificate,
10    medical variance, or both removed or rescinded by the
11    Federal Motor Carrier Safety Administration; or
12        14. failed to self-certify as to the type of driving in
13    which the CDL driver engages or expects to engage; or
14        15. has submitted acceptable documentation indicating
15    out-of-state residency to the Secretary of State to be
16    released from the requirement of showing proof of financial
17    responsibility in this State; or
18        16. was convicted of fraud relating to the testing or
19    issuance of a CDL or CLP, in which case only the CDL or CLP
20    shall be cancelled. After cancellation, the Secretary
21    shall not issue a CLP or CDL for a period of one year from
22    the date of cancellation; or
23        17. has a special restricted license under subsection
24    (g) of Section 6-113 of this Code and failed to submit the
25    required annual vision specialist report that the special
26    restricted license holder's vision has not changed; or

 

 

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1        18. has a special restricted license under subsection
2    (g) of Section 6-113 of this Code and was convicted or
3    received court supervision for a violation of this Code
4    that occurred during nighttime hours or was involved in a
5    motor vehicle accident during nighttime hours in which the
6    restricted license holder was at fault; or
7        19. has assisted an out-of-state resident in acquiring
8    an Illinois driver's license or identification card by
9    providing or allowing the out-of-state resident to use his
10    or her Illinois address of residence and is complicit in
11    distributing and forwarding the Illinois driver's license
12    or identification card to the out-of-state resident.
13    (b) Upon such cancellation the licensee or permittee must
14surrender the license or permit so cancelled to the Secretary
15of State.
16    (c) Except as provided in Section Sections 6-206.1, and
177-702.1, the Secretary of State shall have exclusive authority
18to grant, issue, deny, cancel, suspend and revoke driving
19privileges, drivers' licenses and restricted driving permits.
20    (d) The Secretary of State may adopt rules to implement
21this Section.
22(Source: P.A. 100-409, eff. 8-25-17; 100-803, eff. 1-1-19.)
 
23    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
24    Sec. 6-303. Driving while driver's license, permit, or
25privilege to operate a motor vehicle is suspended or revoked.

 

 

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1    (a) Except as otherwise provided in subsection (a-5) or
2(a-7), any person who drives or is in actual physical control
3of a motor vehicle on any highway of this State at a time when
4such person's driver's license, permit, or privilege to do so
5or the privilege to obtain a driver's license or permit is
6revoked or suspended as provided by this Code or the law of
7another state, except as may be specifically allowed by a
8judicial driving permit issued prior to January 1, 2009,
9monitoring device driving permit, family financial
10responsibility driving permit, probationary license to drive,
11or a restricted driving permit issued pursuant to this Code or
12under the law of another state, shall be guilty of a Class A
13misdemeanor.
14    (a-3) A second or subsequent violation of subsection (a) of
15this Section is a Class 4 felony if committed by a person whose
16driving or operation of a motor vehicle is the proximate cause
17of a motor vehicle accident that causes personal injury or
18death to another. For purposes of this subsection, a personal
19injury includes any Type A injury as indicated on the traffic
20accident report completed by a law enforcement officer that
21requires immediate professional attention in either a doctor's
22office or a medical facility. A Type A injury includes severe
23bleeding wounds, distorted extremities, and injuries that
24require the injured party to be carried from the scene.
25    (a-5) Any person who violates this Section as provided in
26subsection (a) while his or her driver's license, permit, or

 

 

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1privilege is revoked because of a violation of Section 9-3 of
2the Criminal Code of 1961 or the Criminal Code of 2012,
3relating to the offense of reckless homicide, or a violation of
4subparagraph (F) of paragraph (1) of subsection (d) of Section
511-501 of this Code, relating to the offense of aggravated
6driving under the influence of alcohol, other drug or drugs, or
7intoxicating compound or compounds, or any combination thereof
8when the violation was a proximate cause of a death, or a
9similar provision of a law of another state, is guilty of a
10Class 4 felony. The person shall be required to undergo a
11professional evaluation, as provided in Section 11-501 of this
12Code, to determine if an alcohol, drug, or intoxicating
13compound problem exists and the extent of the problem, and to
14undergo the imposition of treatment as appropriate.
15    (a-7) Any person who violates this Section as provided in
16subsection (a) while his or her driver's license or privilege
17to drive is suspended under Section 6-306.5 or 7-702 of this
18Code shall receive a Uniform Traffic Citation from the law
19enforcement officer. A person who receives 3 or more Uniform
20Traffic Citations under this subsection (a-7) without paying
21any fees associated with the citations shall be guilty of a
22Class A misdemeanor.
23    (a-10) A person's driver's license, permit, or privilege to
24obtain a driver's license or permit may be subject to multiple
25revocations, multiple suspensions, or any combination of both
26simultaneously. No revocation or suspension shall serve to

 

 

HB2494- 18 -LRB101 08785 TAE 53872 b

1negate, invalidate, cancel, postpone, or in any way lessen the
2effect of any other revocation or suspension entered prior or
3subsequent to any other revocation or suspension.
4    (b) (Blank).
5    (b-1) Except for a person under subsection (a-7) of this
6Section, upon receiving a report of the conviction of any
7violation indicating a person was operating a motor vehicle
8during the time when the person's driver's license, permit, or
9privilege was suspended by the Secretary of State or the
10driver's licensing administrator of another state, except as
11specifically allowed by a probationary license, judicial
12driving permit, restricted driving permit, or monitoring
13device driving permit, the Secretary shall extend the
14suspension for the same period of time as the originally
15imposed suspension unless the suspension has already expired,
16in which case the Secretary shall be authorized to suspend the
17person's driving privileges for the same period of time as the
18originally imposed suspension.
19    (b-2) Except as provided in subsection (b-6) or (a-7), upon
20receiving a report of the conviction of any violation
21indicating a person was operating a motor vehicle when the
22person's driver's license, permit, or privilege was revoked by
23the Secretary of State or the driver's license administrator of
24any other state, except as specifically allowed by a restricted
25driving permit issued pursuant to this Code or the law of
26another state, the Secretary shall not issue a driver's license

 

 

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1for an additional period of one year from the date of such
2conviction indicating such person was operating a vehicle
3during such period of revocation.
4    (b-3) (Blank).
5    (b-4) When the Secretary of State receives a report of a
6conviction of any violation indicating a person was operating a
7motor vehicle that was not equipped with an ignition interlock
8device during a time when the person was prohibited from
9operating a motor vehicle not equipped with such a device, the
10Secretary shall not issue a driver's license to that person for
11an additional period of one year from the date of the
12conviction.
13    (b-5) Any person convicted of violating this Section shall
14serve a minimum term of imprisonment of 30 consecutive days or
15300 hours of community service when the person's driving
16privilege was revoked or suspended as a result of a violation
17of Section 9-3 of the Criminal Code of 1961 or the Criminal
18Code of 2012, relating to the offense of reckless homicide, or
19a violation of subparagraph (F) of paragraph (1) of subsection
20(d) of Section 11-501 of this Code, relating to the offense of
21aggravated driving under the influence of alcohol, other drug
22or drugs, or intoxicating compound or compounds, or any
23combination thereof when the violation was a proximate cause of
24a death, or a similar provision of a law of another state. The
25court may give credit toward the fulfillment of community
26service hours for participation in activities and treatment as

 

 

HB2494- 20 -LRB101 08785 TAE 53872 b

1determined by court services.
2    (b-6) Upon receiving a report of a first conviction of
3operating a motor vehicle while the person's driver's license,
4permit, or privilege was revoked where the revocation was for a
5violation of Section 9-3 of the Criminal Code of 1961 or the
6Criminal Code of 2012 relating to the offense of reckless
7homicide, or a violation of subparagraph (F) of paragraph (1)
8of subsection (d) of Section 11-501 of this Code, relating to
9the offense of aggravated driving under the influence of
10alcohol, other drug or drugs, or intoxicating compound or
11compounds, or any combination thereof when the violation was a
12proximate cause of a death, or a similar out-of-state offense,
13the Secretary shall not issue a driver's license for an
14additional period of 3 three years from the date of such
15conviction.
16    (c) Except as provided in subsections (c-3) and (c-4), any
17person convicted of violating this Section shall serve a
18minimum term of imprisonment of 10 consecutive days or 30 days
19of community service when the person's driving privilege was
20revoked or suspended as a result of:
21        (1) a violation of Section 11-501 of this Code or a
22    similar provision of a local ordinance relating to the
23    offense of operating or being in physical control of a
24    vehicle while under the influence of alcohol, any other
25    drug or any combination thereof; or
26        (2) a violation of paragraph (b) of Section 11-401 of

 

 

HB2494- 21 -LRB101 08785 TAE 53872 b

1    this Code or a similar provision of a local ordinance
2    relating to the offense of leaving the scene of a motor
3    vehicle accident involving personal injury or death; or
4        (3) a statutory summary suspension or revocation under
5    Section 11-501.1 of this Code.
6    Such sentence of imprisonment or community service shall
7not be subject to suspension in order to reduce such sentence.
8    (c-1) Except as provided in subsections (a-7), (c-5), and
9(d), any person convicted of a second violation of this Section
10shall be ordered by the court to serve a minimum of 100 hours
11of community service. The court may give credit toward the
12fulfillment of community service hours for participation in
13activities and treatment as determined by court services.
14    (c-2) In addition to other penalties imposed under this
15Section, the court may impose on any person convicted a fourth
16time of violating this Section any of the following:
17        (1) Seizure of the license plates of the person's
18    vehicle.
19        (2) Immobilization of the person's vehicle for a period
20    of time to be determined by the court.
21    (c-3) Any person convicted of a violation of this Section
22during a period of summary suspension imposed pursuant to
23Section 11-501.1 when the person was eligible for a monitoring
24device driving permit MDDP shall be guilty of a Class 4 felony
25and shall serve a minimum term of imprisonment of 30 days.
26    (c-4) Any person who has been issued a monitoring device

 

 

HB2494- 22 -LRB101 08785 TAE 53872 b

1driving permit MDDP or a restricted driving permit which
2requires the person to operate only motor vehicles equipped
3with an ignition interlock device and who is convicted of a
4violation of this Section as a result of operating or being in
5actual physical control of a motor vehicle not equipped with an
6ignition interlock device at the time of the offense shall be
7guilty of a Class 4 felony and shall serve a minimum term of
8imprisonment of 30 days.
9    (c-5) Any person convicted of a second violation of this
10Section is guilty of a Class 2 felony, is not eligible for
11probation or conditional discharge, and shall serve a mandatory
12term of imprisonment, if:
13         (1) the current violation occurred when the person's
14    driver's license was suspended or revoked for a violation
15    of Section 9-3 of the Criminal Code of 1961 or the Criminal
16    Code of 2012, relating to the offense of reckless homicide,
17    or a violation of subparagraph (F) of paragraph (1) of
18    subsection (d) of Section 11-501 of this Code, relating to
19    the offense of aggravated driving under the influence of
20    alcohol, other drug or drugs, or intoxicating compound or
21    compounds, or any combination thereof when the violation
22    was a proximate cause of a death, or a similar out-of-state
23    offense; and
24        (2) the prior conviction under this Section occurred
25    while the person's driver's license was suspended or
26    revoked for a violation of Section 9-3 of the Criminal Code

 

 

HB2494- 23 -LRB101 08785 TAE 53872 b

1    of 1961 or the Criminal Code of 2012 relating to the
2    offense of reckless homicide, or a violation of
3    subparagraph (F) of paragraph (1) of subsection (d) of
4    Section 11-501 of this Code, relating to the offense of
5    aggravated driving under the influence of alcohol, other
6    drug or drugs, or intoxicating compound or compounds, or
7    any combination thereof when the violation was a proximate
8    cause of a death, or a similar out-of-state offense, or was
9    suspended or revoked for a violation of Section 11-401 or
10    11-501 of this Code, a similar out-of-state offense, a
11    similar provision of a local ordinance, or a statutory
12    summary suspension or revocation under Section 11-501.1 of
13    this Code.
14    (d) Any person convicted of a second violation of this
15Section shall be guilty of a Class 4 felony and shall serve a
16minimum term of imprisonment of 30 days or 300 hours of
17community service, as determined by the court, if:
18        (1) the current violation occurred when the person's
19    driver's license was suspended or revoked for a violation
20    of Section 11-401 or 11-501 of this Code, a similar
21    out-of-state offense, a similar provision of a local
22    ordinance, or a statutory summary suspension or revocation
23    under Section 11-501.1 of this Code; and
24        (2) the prior conviction under this Section occurred
25    while the person's driver's license was suspended or
26    revoked for a violation of Section 11-401 or 11-501 of this

 

 

HB2494- 24 -LRB101 08785 TAE 53872 b

1    Code, a similar out-of-state offense, a similar provision
2    of a local ordinance, or a statutory summary suspension or
3    revocation under Section 11-501.1 of this Code, or for a
4    violation of Section 9-3 of the Criminal Code of 1961 or
5    the Criminal Code of 2012, relating to the offense of
6    reckless homicide, or a violation of subparagraph (F) of
7    paragraph (1) of subsection (d) of Section 11-501 of this
8    Code, relating to the offense of aggravated driving under
9    the influence of alcohol, other drug or drugs, or
10    intoxicating compound or compounds, or any combination
11    thereof when the violation was a proximate cause of a
12    death, or a similar out-of-state offense.
13    (3) The court may give credit toward the fulfillment of
14community service hours for participation in activities and
15treatment as determined by court services.
16    (d-1) Except as provided in subsections (a-7), (d-2),
17(d-2.5), and (d-3), any person convicted of a third or
18subsequent violation of this Section shall serve a minimum term
19of imprisonment of 30 days or 300 hours of community service,
20as determined by the court. The court may give credit toward
21the fulfillment of community service hours for participation in
22activities and treatment as determined by court services.
23    (d-2) Any person convicted of a third violation of this
24Section is guilty of a Class 4 felony and must serve a minimum
25term of imprisonment of 30 days, if:
26        (1) the current violation occurred when the person's

 

 

HB2494- 25 -LRB101 08785 TAE 53872 b

1    driver's license was suspended or revoked for a violation
2    of Section 11-401 or 11-501 of this Code, or a similar
3    out-of-state offense, or a similar provision of a local
4    ordinance, or a statutory summary suspension or revocation
5    under Section 11-501.1 of this Code; and
6        (2) the prior convictions under this Section occurred
7    while the person's driver's license was suspended or
8    revoked for a violation of Section 11-401 or 11-501 of this
9    Code, a similar out-of-state offense, a similar provision
10    of a local ordinance, or a statutory summary suspension or
11    revocation under Section 11-501.1 of this Code, or for a
12    violation of Section 9-3 of the Criminal Code of 1961 or
13    the Criminal Code of 2012, relating to the offense of
14    reckless homicide, or a violation of subparagraph (F) of
15    paragraph (1) of subsection (d) of Section 11-501 of this
16    Code, relating to the offense of aggravated driving under
17    the influence of alcohol, other drug or drugs, or
18    intoxicating compound or compounds, or any combination
19    thereof when the violation was a proximate cause of a
20    death, or a similar out-of-state offense.
21    (d-2.5) Any person convicted of a third violation of this
22Section is guilty of a Class 1 felony, is not eligible for
23probation or conditional discharge, and must serve a mandatory
24term of imprisonment, if:
25        (1) the current violation occurred while the person's
26    driver's license was suspended or revoked for a violation

 

 

HB2494- 26 -LRB101 08785 TAE 53872 b

1    of Section 9-3 of the Criminal Code of 1961 or the Criminal
2    Code of 2012, relating to the offense of reckless homicide,
3    or a violation of subparagraph (F) of paragraph (1) of
4    subsection (d) of Section 11-501 of this Code, relating to
5    the offense of aggravated driving under the influence of
6    alcohol, other drug or drugs, or intoxicating compound or
7    compounds, or any combination thereof when the violation
8    was a proximate cause of a death, or a similar out-of-state
9    offense. The person's driving privileges shall be revoked
10    for the remainder of the person's life; and
11        (2) the prior convictions under this Section occurred
12    while the person's driver's license was suspended or
13    revoked for a violation of Section 9-3 of the Criminal Code
14    of 1961 or the Criminal Code of 2012, relating to the
15    offense of reckless homicide, or a violation of
16    subparagraph (F) of paragraph (1) of subsection (d) of
17    Section 11-501 of this Code, relating to the offense of
18    aggravated driving under the influence of alcohol, other
19    drug or drugs, or intoxicating compound or compounds, or
20    any combination thereof when the violation was a proximate
21    cause of a death, or a similar out-of-state offense, or was
22    suspended or revoked for a violation of Section 11-401 or
23    11-501 of this Code, a similar out-of-state offense, a
24    similar provision of a local ordinance, or a statutory
25    summary suspension or revocation under Section 11-501.1 of
26    this Code.

 

 

HB2494- 27 -LRB101 08785 TAE 53872 b

1    (d-3) Any person convicted of a fourth, fifth, sixth,
2seventh, eighth, or ninth violation of this Section is guilty
3of a Class 4 felony and must serve a minimum term of
4imprisonment of 180 days, if:
5        (1) the current violation occurred when the person's
6    driver's license was suspended or revoked for a violation
7    of Section 11-401 or 11-501 of this Code, a similar
8    out-of-state offense, a similar provision of a local
9    ordinance, or a statutory summary suspension or revocation
10    under Section 11-501.1 of this Code; and
11        (2) the prior convictions under this Section occurred
12    while the person's driver's license was suspended or
13    revoked for a violation of Section 11-401 or 11-501 of this
14    Code, a similar out-of-state offense, a similar provision
15    of a local ordinance, or a statutory summary suspension or
16    revocation under Section 11-501.1 of this Code, or for a
17    violation of Section 9-3 of the Criminal Code of 1961 or
18    the Criminal Code of 2012, relating to the offense of
19    reckless homicide, or a violation of subparagraph (F) of
20    paragraph (1) of subsection (d) of Section 11-501 of this
21    Code, relating to the offense of aggravated driving under
22    the influence of alcohol, other drug or drugs, or
23    intoxicating compound or compounds, or any combination
24    thereof when the violation was a proximate cause of a
25    death, or a similar out-of-state offense.
26    (d-3.5) Any person convicted of a fourth or subsequent

 

 

HB2494- 28 -LRB101 08785 TAE 53872 b

1violation of this Section is guilty of a Class 1 felony, is not
2eligible for probation or conditional discharge, and must serve
3a mandatory term of imprisonment, and is eligible for an
4extended term, if:
5        (1) the current violation occurred when the person's
6    driver's license was suspended or revoked for a violation
7    of Section 9-3 of the Criminal Code of 1961 or the Criminal
8    Code of 2012, relating to the offense of reckless homicide,
9    or a violation of subparagraph (F) of paragraph (1) of
10    subsection (d) of Section 11-501 of this Code, relating to
11    the offense of aggravated driving under the influence of
12    alcohol, other drug or drugs, or intoxicating compound or
13    compounds, or any combination thereof when the violation
14    was a proximate cause of a death, or a similar out-of-state
15    offense; and
16        (2) the prior convictions under this Section occurred
17    while the person's driver's license was suspended or
18    revoked for a violation of Section 9-3 of the Criminal Code
19    of 1961 or the Criminal Code of 2012, relating to the
20    offense of reckless homicide, or a violation of
21    subparagraph (F) of paragraph (1) of subsection (d) of
22    Section 11-501 of this Code, relating to the offense of
23    aggravated driving under the influence of alcohol, other
24    drug or drugs, or intoxicating compound or compounds, or
25    any combination thereof when the violation was a proximate
26    cause of a death, or a similar out-of-state offense, or was

 

 

HB2494- 29 -LRB101 08785 TAE 53872 b

1    suspended or revoked for a violation of Section 11-401 or
2    11-501 of this Code, a similar out-of-state offense, a
3    similar provision of a local ordinance, or a statutory
4    summary suspension or revocation under Section 11-501.1 of
5    this Code.
6    (d-4) Any person convicted of a tenth, eleventh, twelfth,
7thirteenth, or fourteenth violation of this Section is guilty
8of a Class 3 felony, and is not eligible for probation or
9conditional discharge, if:
10        (1) the current violation occurred when the person's
11    driver's license was suspended or revoked for a violation
12    of Section 11-401 or 11-501 of this Code, or a similar
13    out-of-state offense, or a similar provision of a local
14    ordinance, or a statutory summary suspension or revocation
15    under Section 11-501.1 of this Code; and
16        (2) the prior convictions under this Section occurred
17    while the person's driver's license was suspended or
18    revoked for a violation of Section 11-401 or 11-501 of this
19    Code, a similar out-of-state offense, a similar provision
20    of a local ordinance, or a statutory suspension or
21    revocation under Section 11-501.1 of this Code, or for a
22    violation of Section 9-3 of the Criminal Code of 1961 or
23    the Criminal Code of 2012, relating to the offense of
24    reckless homicide, or a violation of subparagraph (F) of
25    paragraph (1) of subsection (d) of Section 11-501 of this
26    Code, relating to the offense of aggravated driving under

 

 

HB2494- 30 -LRB101 08785 TAE 53872 b

1    the influence of alcohol, other drug or drugs, or
2    intoxicating compound or compounds, or any combination
3    thereof when the violation was a proximate cause of a
4    death, or a similar out-of-state offense.
5    (d-5) Any person convicted of a fifteenth or subsequent
6violation of this Section is guilty of a Class 2 felony, and is
7not eligible for probation or conditional discharge, if:
8        (1) the current violation occurred when the person's
9    driver's license was suspended or revoked for a violation
10    of Section 11-401 or 11-501 of this Code, or a similar
11    out-of-state offense, or a similar provision of a local
12    ordinance, or a statutory summary suspension or revocation
13    under Section 11-501.1 of this Code; and
14        (2) the prior convictions under this Section occurred
15    while the person's driver's license was suspended or
16    revoked for a violation of Section 11-401 or 11-501 of this
17    Code, a similar out-of-state offense, a similar provision
18    of a local ordinance, or a statutory summary suspension or
19    revocation under Section 11-501.1 of this Code, or for a
20    violation of Section 9-3 of the Criminal Code of 1961 or
21    the Criminal Code of 2012, relating to the offense of
22    reckless homicide, or a violation of subparagraph (F) of
23    paragraph (1) of subsection (d) of Section 11-501 of this
24    Code, relating to the offense of aggravated driving under
25    the influence of alcohol, other drug or drugs, or
26    intoxicating compound or compounds, or any combination

 

 

HB2494- 31 -LRB101 08785 TAE 53872 b

1    thereof when the violation was a proximate cause of a
2    death, or a similar out-of-state offense.
3    (e) Any person in violation of this Section who is also in
4violation of Section 7-601 of this Code relating to mandatory
5insurance requirements, in addition to other penalties imposed
6under this Section, shall have his or her motor vehicle
7immediately impounded by the arresting law enforcement
8officer. The motor vehicle may be released to any licensed
9driver upon a showing of proof of insurance for the vehicle
10that was impounded and the notarized written consent for the
11release by the vehicle owner.
12    (f) For any prosecution under this Section, a certified
13copy of the driving abstract of the defendant shall be admitted
14as proof of any prior conviction.
15    (g) The motor vehicle used in a violation of this Section
16is subject to seizure and forfeiture as provided in Sections
1736-1 and 36-2 of the Criminal Code of 2012 if the person's
18driving privilege was revoked or suspended as a result of:
19        (1) a violation of Section 11-501 of this Code, a
20    similar provision of a local ordinance, or a similar
21    provision of a law of another state;
22        (2) a violation of paragraph (b) of Section 11-401 of
23    this Code, a similar provision of a local ordinance, or a
24    similar provision of a law of another state;
25        (3) a statutory summary suspension or revocation under
26    Section 11-501.1 of this Code or a similar provision of a

 

 

HB2494- 32 -LRB101 08785 TAE 53872 b

1    law of another state; or
2        (4) a violation of Section 9-3 of the Criminal Code of
3    1961 or the Criminal Code of 2012 relating to the offense
4    of reckless homicide, or a violation of subparagraph (F) of
5    paragraph (1) of subsection (d) of Section 11-501 of this
6    Code, relating to the offense of aggravated driving under
7    the influence of alcohol, other drug or drugs, or
8    intoxicating compound or compounds, or any combination
9    thereof when the violation was a proximate cause of a
10    death, or a similar provision of a law of another state.
11(Source: P.A. 99-290, eff. 1-1-16; 100-149, eff. 1-1-18;
12100-575, eff. 1-8-18; 100-1004, eff. 1-1-19; revised
1310-22-18.)
 
14    Section 15. The Clerks of Courts Act is amended by changing
15Section 27.1b as follows:
 
16    (705 ILCS 105/27.1b)
17    (This Section may contain text from a Public Act with a
18delayed effective date)
19    (Section scheduled to be repealed on January 1, 2021)
20    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
21other provision of law, all fees charged by the clerks of the
22circuit court for the services described in this Section shall
23be established, collected, and disbursed in accordance with
24this Section. Except as otherwise specified in this Section,

 

 

HB2494- 33 -LRB101 08785 TAE 53872 b

1all fees under this Section shall be paid in advance and
2disbursed by each clerk on a monthly basis. In a county with a
3population of over 3,000,000, units of local government and
4school districts shall not be required to pay fees under this
5Section in advance and the clerk shall instead send an itemized
6bill to the unit of local government or school district, within
730 days of the fee being incurred, and the unit of local
8government or school district shall be allowed at least 30 days
9from the date of the itemized bill to pay; these payments shall
10be disbursed by each clerk on a monthly basis. Unless otherwise
11specified in this Section, the amount of a fee shall be
12determined by ordinance or resolution of the county board and
13remitted to the county treasurer to be used for purposes
14related to the operation of the court system in the county. In
15a county with population of over 3,000,000, any amount retained
16by the clerk of the circuit court or remitted to the county
17treasurer shall be subject to appropriation by the county
18board.
19    (a) Civil cases. The fee for filing a complaint, petition,
20or other pleading initiating a civil action shall be as set
21forth in the applicable schedule under this subsection in
22accordance with case categories established by the Supreme
23Court in schedules.
24        (1) SCHEDULE 1: not to exceed a total of $366 in a
25    county with a population of 3,000,000 or more and not to
26    exceed $316 in any other county, except as applied to units

 

 

HB2494- 34 -LRB101 08785 TAE 53872 b

1    of local government and school districts in counties with
2    more than 3,000,000 inhabitants an amount not to exceed
3    $190 through December 31, 2021 and $184 on and after
4    January 1, 2022. The fees collected under this schedule
5    shall be disbursed as follows:
6            (A) The clerk shall retain a sum, in an amount not
7        to exceed $55 in a county with a population of
8        3,000,000 or more and in an amount not to exceed $45 in
9        any other county determined by the clerk with the
10        approval of the Supreme Court, to be used for court
11        automation, court document storage, and administrative
12        purposes.
13            (B) The clerk shall remit up to $21 to the State
14        Treasurer. The State Treasurer shall deposit the
15        appropriate amounts, in accordance with the clerk's
16        instructions, as follows:
17                (i) up to $10, as specified by the Supreme
18            Court in accordance with Part 10A of Article II of
19            the Code of Civil Procedure, into the Mandatory
20            Arbitration Fund;
21                (ii) $2 into the Access to Justice Fund; and
22                (iii) $9 into the Supreme Court Special
23            Purposes Fund.
24            (C) The clerk shall remit a sum to the County
25        Treasurer, in an amount not to exceed $290 in a county
26        with a population of 3,000,000 or more and in an amount

 

 

HB2494- 35 -LRB101 08785 TAE 53872 b

1        not to exceed $250 in any other county, as specified by
2        ordinance or resolution passed by the county board, for
3        purposes related to the operation of the court system
4        in the county.
5        (2) SCHEDULE 2: not to exceed a total of $357 in a
6    county with a population of 3,000,000 or more and not to
7    exceed $266 in any other county, except as applied to units
8    of local government and school districts in counties with
9    more than 3,000,000 inhabitants an amount not to exceed
10    $190 through December 31, 2021 and $184 on and after
11    January 1, 2022. The fees collected under this schedule
12    shall be disbursed as follows:
13            (A) The clerk shall retain a sum, in an amount not
14        to exceed $55 in a county with a population of
15        3,000,000 or more and in an amount not to exceed $45 in
16        any other county determined by the clerk with the
17        approval of the Supreme Court, to be used for court
18        automation, court document storage, and administrative
19        purposes.
20            (B) The clerk shall remit up to $21 to the State
21        Treasurer. The State Treasurer shall deposit the
22        appropriate amounts, in accordance with the clerk's
23        instructions, as follows:
24                (i) up to $10, as specified by the Supreme
25            Court in accordance with Part 10A of Article II of
26            the Code of Civil Procedure, into the Mandatory

 

 

HB2494- 36 -LRB101 08785 TAE 53872 b

1            Arbitration Fund;
2                (ii) $2 into the Access to Justice Fund: and
3                (iii) $9 into the Supreme Court Special
4            Purposes Fund.
5            (C) The clerk shall remit a sum to the County
6        Treasurer, in an amount not to exceed $281 in a county
7        with a population of 3,000,000 or more and in an amount
8        not to exceed $200 in any other county, as specified by
9        ordinance or resolution passed by the county board, for
10        purposes related to the operation of the court system
11        in the county.
12        (3) SCHEDULE 3: not to exceed a total of $265 in a
13    county with a population of 3,000,000 or more and not to
14    exceed $89 in any other county, except as applied to units
15    of local government and school districts in counties with
16    more than 3,000,000 inhabitants an amount not to exceed
17    $190 through December 31, 2021 and $184 on and after
18    January 1, 2022. The fees collected under this schedule
19    shall be disbursed as follows:
20            (A) The clerk shall retain a sum, in an amount not
21        to exceed $55 in a county with a population of
22        3,000,000 or more and in an amount not to exceed $22 in
23        any other county determined by the clerk with the
24        approval of the Supreme Court, to be used for court
25        automation, court document storage, and administrative
26        purposes.

 

 

HB2494- 37 -LRB101 08785 TAE 53872 b

1            (B) The clerk shall remit $11 to the State
2        Treasurer. The State Treasurer shall deposit the
3        appropriate amounts in accordance with the clerk's
4        instructions, as follows:
5                (i) $2 into the Access to Justice Fund; and
6                (ii) $9 into the Supreme Court Special
7            Purposes Fund.
8            (C) The clerk shall remit a sum to the County
9        Treasurer, in an amount not to exceed $199 in a county
10        with a population of 3,000,000 or more and in an amount
11        not to exceed $56 in any other county, as specified by
12        ordinance or resolution passed by the county board, for
13        purposes related to the operation of the court system
14        in the county.
15        (4) SCHEDULE 4: $0.
16    (b) Appearance. The fee for filing an appearance in a civil
17action, including a cannabis civil law action under the
18Cannabis Control Act, shall be as set forth in the applicable
19schedule under this subsection in accordance with case
20categories established by the Supreme Court in schedules.
21        (1) SCHEDULE 1: not to exceed a total of $230 in a
22    county with a population of 3,000,000 or more and not to
23    exceed $191 in any other county, except as applied to units
24    of local government and school districts in counties with
25    more than 3,000,000 inhabitants an amount not to exceed
26    $75. The fees collected under this schedule shall be

 

 

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1    disbursed as follows:
2            (A) The clerk shall retain a sum, in an amount not
3        to exceed $50 in a county with a population of
4        3,000,000 or more and in an amount not to exceed $45 in
5        any other county determined by the clerk with the
6        approval of the Supreme Court, to be used for court
7        automation, court document storage, and administrative
8        purposes.
9            (B) The clerk shall remit up to $21 to the State
10        Treasurer. The State Treasurer shall deposit the
11        appropriate amounts, in accordance with the clerk's
12        instructions, as follows:
13                (i) up to $10, as specified by the Supreme
14            Court in accordance with Part 10A of Article II of
15            the Code of Civil Procedure, into the Mandatory
16            Arbitration Fund;
17                (ii) $2 into the Access to Justice Fund; and
18                (iii) $9 into the Supreme Court Special
19            Purposes Fund.
20            (C) The clerk shall remit a sum to the County
21        Treasurer, in an amount not to exceed $159 in a county
22        with a population of 3,000,000 or more and in an amount
23        not to exceed $125 in any other county, as specified by
24        ordinance or resolution passed by the county board, for
25        purposes related to the operation of the court system
26        in the county.

 

 

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1        (2) SCHEDULE 2: not to exceed a total of $130 in a
2    county with a population of 3,000,000 or more and not to
3    exceed $109 in any other county, except as applied to units
4    of local government and school districts in counties with
5    more than 3,000,000 inhabitants an amount not to exceed
6    $75. The fees collected under this schedule shall be
7    disbursed as follows:
8            (A) The clerk shall retain a sum, in an amount not
9        to exceed $50 in a county with a population of
10        3,000,000 or more and in an amount not to exceed $10 in
11        any other county determined by the clerk with the
12        approval of the Supreme Court, to be used for court
13        automation, court document storage, and administrative
14        purposes.
15            (B) The clerk shall remit $9 to the State
16        Treasurer, which the State Treasurer shall deposit
17        into the Supreme Court Special Purpose Fund.
18            (C) The clerk shall remit a sum to the County
19        Treasurer, in an amount not to exceed $71 in a county
20        with a population of 3,000,000 or more and in an amount
21        not to exceed $90 in any other county, as specified by
22        ordinance or resolution passed by the county board, for
23        purposes related to the operation of the court system
24        in the county.
25        (3) SCHEDULE 3: $0.
26    (b-5) Kane County and Will County. In Kane County and Will

 

 

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1County civil cases, there is an additional fee of up to $30 as
2set by the county board under Section 5-1101.3 of the Counties
3Code to be paid by each party at the time of filing the first
4pleading, paper, or other appearance; provided that no
5additional fee shall be required if more than one party is
6represented in a single pleading, paper, or other appearance.
7Distribution of fees collected under this subsection (b-5)
8shall be as provided in Section 5-1101.3 of the Counties Code.
9    (c) Counterclaim or third party complaint. When any
10defendant files a counterclaim or third party complaint, as
11part of the defendant's answer or otherwise, the defendant
12shall pay a filing fee for each counterclaim or third party
13complaint in an amount equal to the filing fee the defendant
14would have had to pay had the defendant brought a separate
15action for the relief sought in the counterclaim or third party
16complaint, less the amount of the appearance fee, if any, that
17the defendant has already paid in the action in which the
18counterclaim or third party complaint is filed.
19    (d) Alias summons. The clerk shall collect a fee not to
20exceed $6 in a county with a population of 3,000,000 or more
21and not to exceed $5 in any other county for each alias summons
22or citation issued by the clerk, except as applied to units of
23local government and school districts in counties with more
24than 3,000,000 inhabitants an amount not to exceed $5 for each
25alias summons or citation issued by the clerk.
26    (e) Jury services. The clerk shall collect, in addition to

 

 

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1other fees allowed by law, a sum not to exceed $212.50, as a
2fee for the services of a jury in every civil action not
3quasi-criminal in its nature and not a proceeding for the
4exercise of the right of eminent domain and in every other
5action wherein the right of trial by jury is or may be given by
6law. The jury fee shall be paid by the party demanding a jury
7at the time of filing the jury demand. If the fee is not paid by
8either party, no jury shall be called in the action or
9proceeding, and the action or proceeding shall be tried by the
10court without a jury.
11    (f) Change of venue. In connection with a change of venue:
12        (1) The clerk of the jurisdiction from which the case
13    is transferred may charge a fee, not to exceed $40, for the
14    preparation and certification of the record; and
15        (2) The clerk of the jurisdiction to which the case is
16    transferred may charge the same filing fee as if it were
17    the commencement of a new suit.
18    (g) Petition to vacate or modify.
19        (1) In a proceeding involving a petition to vacate or
20    modify any final judgment or order filed within 30 days
21    after the judgment or order was entered, except for an
22    eviction case, small claims case, petition to reopen an
23    estate, petition to modify, terminate, or enforce a
24    judgment or order for child or spousal support, or petition
25    to modify, suspend, or terminate an order for withholding,
26    the fee shall not exceed $60 in a county with a population

 

 

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1    of 3,000,000 or more and shall not exceed $50 in any other
2    county, except as applied to units of local government and
3    school districts in counties with more than 3,000,000
4    inhabitants an amount not to exceed $50.
5        (2) In a proceeding involving a petition to vacate or
6    modify any final judgment or order filed more than 30 days
7    after the judgment or order was entered, except for a
8    petition to modify, terminate, or enforce a judgment or
9    order for child or spousal support, or petition to modify,
10    suspend, or terminate an order for withholding, the fee
11    shall not exceed $75.
12        (3) In a proceeding involving a motion to vacate or
13    amend a final order, motion to vacate an ex parte judgment,
14    judgment of forfeiture, or "failure to appear" or "failure
15    to comply" notices sent to the Secretary of State, the fee
16    shall equal $40.
17    (h) Appeals preparation. The fee for preparation of a
18record on appeal shall be based on the number of pages, as
19follows:
20        (1) if the record contains no more than 100 pages, the
21    fee shall not exceed $70 in a county with a population of
22    3,000,000 or more and shall not exceed $50 in any other
23    county;
24        (2) if the record contains between 100 and 200 pages,
25    the fee shall not exceed $100; and
26        (3) if the record contains 200 or more pages, the clerk

 

 

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1    may collect an additional fee not to exceed 25 cents per
2    page.
3    (i) Remands. In any cases remanded to the circuit court
4from the Supreme Court or the appellate court for a new trial,
5the clerk shall reinstate the case with either its original
6number or a new number. The clerk shall not charge any new or
7additional fee for the reinstatement. Upon reinstatement, the
8clerk shall advise the parties of the reinstatement. Parties
9shall have the same right to a jury trial on remand and
10reinstatement that they had before the appeal, and no
11additional or new fee or charge shall be made for a jury trial
12after remand.
13    (j) Garnishment, wage deduction, and citation. In
14garnishment affidavit, wage deduction affidavit, and citation
15petition proceedings:
16        (1) if the amount in controversy in the proceeding is
17    not more than $1,000, the fee may not exceed $35 in a
18    county with a population of 3,000,000 or more and may not
19    exceed $15 in any other county, except as applied to units
20    of local government and school districts in counties with
21    more than 3,000,000 inhabitants an amount not to exceed
22    $15;
23        (2) if the amount in controversy in the proceeding is
24    greater than $1,000 and not more than $5,000, the fee may
25    not exceed $45 in a county with a population of 3,000,000
26    or more and may not exceed $30 in any other county, except

 

 

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1    as applied to units of local government and school
2    districts in counties with more than 3,000,000 inhabitants
3    an amount not to exceed $30; and
4        (3) if the amount in controversy in the proceeding is
5    greater than $5,000, the fee may not exceed $65 in a county
6    with a population of 3,000,000 or more and may not exceed
7    $50 in any other county, except as applied to units of
8    local government and school districts in counties with more
9    than 3,000,000 inhabitants an amount not to exceed $50.
10    (j-5) Debt collection. In any proceeding to collect a debt
11subject to the exception in item (ii) of subparagraph (A-5) of
12paragraph (1) of subsection (z) of this Section, the circuit
13court shall order and the clerk shall collect from each
14judgment debtor a fee of:
15        (1) $35 if the amount in controversy in the proceeding
16    is not more than $1,000;
17        (2) $45 if the amount in controversy in the proceeding
18    is greater than $1,000 and not more than $5,000; and
19        (3) $65 if the amount in controversy in the proceeding
20    is greater than $5,000.
21    (k) Collections.
22        (1) For all collections made of others, except the
23    State and county and except in maintenance or child support
24    cases, the clerk may collect a fee of up to 2.5% of the
25    amount collected and turned over.
26        (2) In child support and maintenance cases, the clerk

 

 

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1    may collect an annual fee of up to $36 from the person
2    making payment for maintaining child support records and
3    the processing of support orders to the State of Illinois
4    KIDS system and the recording of payments issued by the
5    State Disbursement Unit for the official record of the
6    Court. This fee is in addition to and separate from amounts
7    ordered to be paid as maintenance or child support and
8    shall be deposited into a Separate Maintenance and Child
9    Support Collection Fund, of which the clerk shall be the
10    custodian, ex officio, to be used by the clerk to maintain
11    child support orders and record all payments issued by the
12    State Disbursement Unit for the official record of the
13    Court. The clerk may recover from the person making the
14    maintenance or child support payment any additional cost
15    incurred in the collection of this annual fee.
16        (3) (Blank). The clerk may collect a fee of $5 for
17    certifications made to the Secretary of State as provided
18    in Section 7-703 of the Illinois Vehicle Code, and this fee
19    shall be deposited into the Separate Maintenance and Child
20    Support Collection Fund.
21        (4) In proceedings to foreclose the lien of delinquent
22    real estate taxes, State's Attorneys shall receive a fee of
23    10% of the total amount realized from the sale of real
24    estate sold in the proceedings. The clerk shall collect the
25    fee from the total amount realized from the sale of the
26    real estate sold in the proceedings and remit to the County

 

 

HB2494- 46 -LRB101 08785 TAE 53872 b

1    Treasurer to be credited to the earnings of the Office of
2    the State's Attorney.
3    (l) Mailing. The fee for the clerk mailing documents shall
4not exceed $10 plus the cost of postage.
5    (m) Certified copies. The fee for each certified copy of a
6judgment, after the first copy, shall not exceed $10.
7    (n) Certification, authentication, and reproduction.
8        (1) The fee for each certification or authentication
9    for taking the acknowledgment of a deed or other instrument
10    in writing with the seal of office shall not exceed $6.
11        (2) The fee for reproduction of any document contained
12    in the clerk's files shall not exceed:
13            (A) $2 for the first page;
14            (B) 50 cents per page for the next 19 pages; and
15            (C) 25 cents per page for all additional pages.
16    (o) Record search. For each record search, within a
17division or municipal district, the clerk may collect a search
18fee not to exceed $6 for each year searched.
19    (p) Hard copy. For each page of hard copy print output,
20when case records are maintained on an automated medium, the
21clerk may collect a fee not to exceed $10 in a county with a
22population of 3,000,000 or more and not to exceed $6 in any
23other county, except as applied to units of local government
24and school districts in counties with more than 3,000,000
25inhabitants an amount not to exceed $6.
26    (q) Index inquiry and other records. No fee shall be

 

 

HB2494- 47 -LRB101 08785 TAE 53872 b

1charged for a single plaintiff and defendant index inquiry or
2single case record inquiry when this request is made in person
3and the records are maintained in a current automated medium,
4and when no hard copy print output is requested. The fees to be
5charged for management records, multiple case records, and
6multiple journal records may be specified by the Chief Judge
7pursuant to the guidelines for access and dissemination of
8information approved by the Supreme Court.
9    (r) Performing a marriage. There shall be a $10 fee for
10performing a marriage in court.
11    (s) Voluntary assignment. For filing each deed of voluntary
12assignment, the clerk shall collect a fee not to exceed $20.
13For recording a deed of voluntary assignment, the clerk shall
14collect a fee not to exceed 50 cents for each 100 words.
15Exceptions filed to claims presented to an assignee of a debtor
16who has made a voluntary assignment for the benefit of
17creditors shall be considered and treated, for the purpose of
18taxing costs therein, as actions in which the party or parties
19filing the exceptions shall be considered as party or parties
20plaintiff, and the claimant or claimants as party or parties
21defendant, and those parties respectively shall pay to the
22clerk the same fees as provided by this Section to be paid in
23other actions.
24    (t) Expungement petition. The clerk may collect a fee not
25to exceed $60 for each expungement petition filed and an
26additional fee not to exceed $4 for each certified copy of an

 

 

HB2494- 48 -LRB101 08785 TAE 53872 b

1order to expunge arrest records.
2    (u) Transcripts of judgment. For the filing of a transcript
3of judgment, the clerk may collect the same fee as if it were
4the commencement of a new suit.
5    (v) Probate filings.
6        (1) For each account (other than one final account)
7    filed in the estate of a decedent, or ward, the fee shall
8    not exceed $25.
9        (2) For filing a claim in an estate when the amount
10    claimed is greater than $150 and not more than $500, the
11    fee shall not exceed $40 in a county with a population of
12    3,000,000 or more and shall not exceed $25 in any other
13    county; when the amount claimed is greater than $500 and
14    not more than $10,000, the fee shall not exceed $55 in a
15    county with a population of 3,000,000 or more and shall not
16    exceed $40 in any other county; and when the amount claimed
17    is more than $10,000, the fee shall not exceed $75 in a
18    county with a population of 3,000,000 or more and shall not
19    exceed $60 in any other county; except the court in
20    allowing a claim may add to the amount allowed the filing
21    fee paid by the claimant.
22        (3) For filing in an estate a claim, petition, or
23    supplemental proceeding based upon an action seeking
24    equitable relief including the construction or contest of a
25    will, enforcement of a contract to make a will, and
26    proceedings involving testamentary trusts or the

 

 

HB2494- 49 -LRB101 08785 TAE 53872 b

1    appointment of testamentary trustees, the fee shall not
2    exceed $60.
3        (4) There shall be no fee for filing in an estate: (i)
4    the appearance of any person for the purpose of consent; or
5    (ii) the appearance of an executor, administrator,
6    administrator to collect, guardian, guardian ad litem, or
7    special administrator.
8        (5) For each jury demand, the fee shall not exceed
9    $137.50.
10        (6) For each certified copy of letters of office, of
11    court order, or other certification, the fee shall not
12    exceed $2 per page.
13        (7) For each exemplification, the fee shall not exceed
14    $2, plus the fee for certification.
15        (8) The executor, administrator, guardian, petitioner,
16    or other interested person or his or her attorney shall pay
17    the cost of publication by the clerk directly to the
18    newspaper.
19        (9) The person on whose behalf a charge is incurred for
20    witness, court reporter, appraiser, or other miscellaneous
21    fees shall pay the same directly to the person entitled
22    thereto.
23        (10) The executor, administrator, guardian,
24    petitioner, or other interested person or his or her
25    attorney shall pay to the clerk all postage charges
26    incurred by the clerk in mailing petitions, orders,

 

 

HB2494- 50 -LRB101 08785 TAE 53872 b

1    notices, or other documents pursuant to the provisions of
2    the Probate Act of 1975.
3    (w) Corrections of numbers. For correction of the case
4number, case title, or attorney computer identification
5number, if required by rule of court, on any document filed in
6the clerk's office, to be charged against the party that filed
7the document, the fee shall not exceed $25.
8    (x) Miscellaneous.
9        (1) Interest earned on any fees collected by the clerk
10    shall be turned over to the county general fund as an
11    earning of the office.
12        (2) For any check, draft, or other bank instrument
13    returned to the clerk for non-sufficient funds, account
14    closed, or payment stopped, the clerk shall collect a fee
15    of $25.
16    (y) Other fees. Any fees not covered in this Section shall
17be set by rule or administrative order of the circuit court
18with the approval of the Administrative Office of the Illinois
19Courts. The clerk of the circuit court may provide services in
20connection with the operation of the clerk's office, other than
21those services mentioned in this Section, as may be requested
22by the public and agreed to by the clerk and approved by the
23Chief Judge. Any charges for additional services shall be as
24agreed to between the clerk and the party making the request
25and approved by the Chief Judge. Nothing in this subsection
26shall be construed to require any clerk to provide any service

 

 

HB2494- 51 -LRB101 08785 TAE 53872 b

1not otherwise required by law.
2    (y-5) Unpaid fees. Unless a court ordered payment schedule
3is implemented or the fee requirements of this Section are
4waived under a court order, the clerk of the circuit court may
5add to any unpaid fees and costs under this Section a
6delinquency amount equal to 5% of the unpaid fees that remain
7unpaid after 30 days, 10% of the unpaid fees that remain unpaid
8after 60 days, and 15% of the unpaid fees that remain unpaid
9after 90 days. Notice to those parties may be made by signage
10posting or publication. The additional delinquency amounts
11collected under this Section shall be deposited into the
12Circuit Court Clerk Operations and Administration Fund and used
13to defray additional administrative costs incurred by the clerk
14of the circuit court in collecting unpaid fees and costs.
15    (z) Exceptions.
16        (1) No fee authorized by this Section shall apply to:
17            (A) police departments or other law enforcement
18        agencies. In this Section, "law enforcement agency"
19        means: an agency of the State or agency of a unit of
20        local government which is vested by law or ordinance
21        with the duty to maintain public order and to enforce
22        criminal laws or ordinances; the Attorney General; or
23        any State's Attorney;
24            (A-5) any unit of local government or school
25        district, except in counties having a population of
26        500,000 or more the county board may by resolution set

 

 

HB2494- 52 -LRB101 08785 TAE 53872 b

1        fees for units of local government or school districts
2        no greater than the minimum fees applicable in counties
3        with a population less than 3,000,000; provided
4        however, no fee may be charged to any unit of local
5        government or school district in connection with any
6        action which, in whole or in part, is: (i) to enforce
7        an ordinance; (ii) to collect a debt; or (iii) under
8        the Administrative Review Law;
9            (B) any action instituted by the corporate
10        authority of a municipality with more than 1,000,000
11        inhabitants under Section 11-31-1 of the Illinois
12        Municipal Code and any action instituted under
13        subsection (b) of Section 11-31-1 of the Illinois
14        Municipal Code by a private owner or tenant of real
15        property within 1,200 feet of a dangerous or unsafe
16        building seeking an order compelling the owner or
17        owners of the building to take any of the actions
18        authorized under that subsection;
19            (C) any commitment petition or petition for an
20        order authorizing the administration of psychotropic
21        medication or electroconvulsive therapy under the
22        Mental Health and Developmental Disabilities Code;
23            (D) a petitioner in any order of protection
24        proceeding, including, but not limited to, fees for
25        filing, modifying, withdrawing, certifying, or
26        photocopying petitions for orders of protection,

 

 

HB2494- 53 -LRB101 08785 TAE 53872 b

1        issuing alias summons, any related filing service, or
2        certifying, modifying, vacating, or photocopying any
3        orders of protection; or
4            (E) proceedings for the appointment of a
5        confidential intermediary under the Adoption Act.
6        (2) No fee other than the filing fee contained in the
7    applicable schedule in subsection (a) shall be charged to
8    any person in connection with an adoption proceeding.
9        (3) Upon good cause shown, the court may waive any fees
10    associated with a special needs adoption. The term "special
11    needs adoption" has the meaning provided by the Illinois
12    Department of Children and Family Services.
13    (aa) This Section is repealed on January 1, 2021.
14(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
15100-1161, eff. 7-1-19.)
 
16    Section 20. The Illinois Marriage and Dissolution of
17Marriage Act is amended by changing Sections 505 and 607.5 as
18follows:
 
19    (750 ILCS 5/505)  (from Ch. 40, par. 505)
20    Sec. 505. Child support; contempt; penalties.
21    (a) In a proceeding for dissolution of marriage, legal
22separation, declaration of invalidity of marriage, or
23dissolution of a civil union, a proceeding for child support
24following a legal separation or dissolution of the marriage or

 

 

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1civil union by a court that lacked personal jurisdiction over
2the absent spouse, a proceeding for modification of a previous
3order for child support under Section 510 of this Act, or any
4proceeding authorized under Section 501 or 601 of this Act, the
5court may order either or both parents owing a duty of support
6to a child of the marriage or civil union to pay an amount
7reasonable and necessary for support. The duty of support owed
8to a child includes the obligation to provide for the
9reasonable and necessary physical, mental and emotional health
10needs of the child. For purposes of this Section, the term
11"child" shall include any child under age 18 and any child age
1219 or younger who is still attending high school. For purposes
13of this Section, the term "obligor" means the parent obligated
14to pay support to the other parent.
15        (1) Child support guidelines. The Illinois Department
16    of Healthcare and Family Services shall adopt rules
17    establishing child support guidelines which include
18    worksheets to aid in the calculation of the child support
19    obligations and a schedule of basic child support
20    obligations that reflects the percentage of combined net
21    income that parents living in the same household in this
22    State ordinarily spend on their child. The child support
23    guidelines have the following purposes:
24            (A) to establish as State policy an adequate
25        standard of support for a child, subject to the ability
26        of parents to pay;

 

 

HB2494- 55 -LRB101 08785 TAE 53872 b

1            (B) to make child support obligations more
2        equitable by ensuring more consistent treatment of
3        parents in similar circumstances;
4            (C) to improve the efficiency of the court process
5        by promoting settlements and giving courts and the
6        parties guidance in establishing levels of child
7        support;
8            (D) to calculate child support based upon the
9        parents' combined net income estimated to have been
10        allocated for the support of the child if the parents
11        and child were living in an intact household;
12            (E) to adjust child support based upon the needs of
13        the child; and
14            (F) to allocate the amount of child support to be
15        paid by each parent based upon a parent's net income
16        and the child's physical care arrangements.
17        (1.5) Computation of basic child support obligation.
18    The court shall compute the basic child support obligation
19    by taking the following steps:
20            (A) determine each parent's monthly net income;
21            (B) add the parents' monthly net incomes together
22        to determine the combined monthly net income of the
23        parents;
24            (C) select the corresponding appropriate amount
25        from the schedule of basic child support obligations
26        based on the parties' combined monthly net income and

 

 

HB2494- 56 -LRB101 08785 TAE 53872 b

1        number of children of the parties; and
2            (D) calculate each parent's percentage share of
3        the basic child support obligation.
4        Although a monetary obligation is computed for each
5    parent as child support, the receiving parent's share is
6    not payable to the other parent and is presumed to be spent
7    directly on the child.
8        (2) Duty of support. The court shall determine child
9    support in each case by applying the child support
10    guidelines unless the court makes a finding that
11    application of the guidelines would be inappropriate,
12    after considering the best interests of the child and
13    evidence which shows relevant factors including, but not
14    limited to, one or more of the following:
15            (A) the financial resources and needs of the child;
16            (B) the financial resources and needs of the
17        parents;
18            (C) the standard of living the child would have
19        enjoyed had the marriage or civil union not been
20        dissolved; and
21            (D) the physical and emotional condition of the
22        child and his or her educational needs.
23        (3) Income.
24            (A) As used in this Section, "gross income" means
25        the total of all income from all sources, except "gross
26        income" does not include (i) benefits received by the

 

 

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1        parent from means-tested public assistance programs,
2        including, but not limited to, Temporary Assistance
3        for Needy Families, Supplemental Security Income, and
4        the Supplemental Nutrition Assistance Program or (ii)
5        benefits and income received by the parent for other
6        children in the household, including, but not limited
7        to, child support, survivor benefits, and foster care
8        payments. Social security disability and retirement
9        benefits paid for the benefit of the subject child must
10        be included in the disabled or retired parent's gross
11        income for purposes of calculating the parent's child
12        support obligation, but the parent is entitled to a
13        child support credit for the amount of benefits paid to
14        the other party for the child. "Gross income" includes
15        maintenance treated as taxable income for federal
16        income tax purposes to the payee and received pursuant
17        to a court order in the pending proceedings or any
18        other proceedings and shall be included in the payee's
19        gross income for purposes of calculating the parent's
20        child support obligation.
21            (B) As used in this Section, "net income" means
22        gross income minus either the standardized tax amount
23        calculated pursuant to subparagraph (C) of this
24        paragraph (3) or the individualized tax amount
25        calculated pursuant to subparagraph (D) of this
26        paragraph (3), and minus any adjustments pursuant to

 

 

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1        subparagraph (F) of this paragraph (3). The
2        standardized tax amount shall be used unless the
3        requirements for an individualized tax amount set
4        forth in subparagraph (E) of this paragraph (3) are
5        met. "Net income" includes maintenance not includable
6        in the gross taxable income of the payee for federal
7        income tax purposes under a court order in the pending
8        proceedings or any other proceedings and shall be
9        included in the payee's net income for purposes of
10        calculating the parent's child support obligation.
11            (C) As used in this Section, "standardized tax
12        amount" means the total of federal and state income
13        taxes for a single person claiming the standard tax
14        deduction, one personal exemption, and the applicable
15        number of dependency exemptions for the minor child or
16        children of the parties, and Social Security and
17        Medicare tax calculated at the Federal Insurance
18        Contributions Act rate.
19                (I) Unless a court has determined otherwise or
20            the parties otherwise agree, the party with the
21            majority of parenting time shall be deemed
22            entitled to claim the dependency exemption for the
23            parties' minor child.
24                (II) The Illinois Department of Healthcare and
25            Family Services shall promulgate a standardized
26            net income conversion table that computes net

 

 

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1            income by deducting the standardized tax amount
2            from gross income.
3            (D) As used in this Section, "individualized tax
4        amount" means the aggregate of the following taxes:
5                (I) federal income tax (properly calculated
6            withholding or estimated payments);
7                (II) State income tax (properly calculated
8            withholding or estimated payments); and
9                (III) Social Security or self-employment tax,
10            if applicable (or, if none, mandatory retirement
11            contributions required by law or as a condition of
12            employment) and Medicare tax calculated at the
13            Federal Insurance Contributions Act rate.
14            (E) In lieu of a standardized tax amount, a
15        determination of an individualized tax amount may be
16        made under items (I), (II), or (III) below. If an
17        individualized tax amount determination is made under
18        this subparagraph (E), all relevant tax attributes
19        (including filing status, allocation of dependency
20        exemptions, and whether a party is to claim the use of
21        the standard deduction or itemized deductions for
22        federal income tax purposes) shall be as the parties
23        agree or as the court determines. To determine a
24        party's reported income, the court may order the party
25        to complete an Internal Revenue Service Form 4506-T,
26        Request for Tax Transcript.

 

 

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1                (I) Agreement. Irrespective of whether the
2            parties agree on any other issue before the court,
3            if they jointly stipulate for the record their
4            concurrence on a computation method for the
5            individualized tax amount that is different from
6            the method set forth under subparagraph (D), the
7            stipulated method shall be used by the court unless
8            the court rejects the proposed stipulated method
9            for good cause.
10                (II) Summary hearing. If the court determines
11            child support in a summary hearing under Section
12            501 and an eligible party opts in to the
13            individualized tax amount method under this item
14            (II), the individualized tax amount shall be
15            determined by the court on the basis of information
16            contained in one or both parties' Supreme Court
17            approved Financial Affidavit (Family & Divorce
18            Cases) and relevant supporting documents under
19            applicable court rules. No party, however, is
20            eligible to opt in unless the party, under
21            applicable court rules, has served the other party
22            with the required Supreme Court approved Financial
23            Affidavit (Family & Divorce Cases) and has
24            substantially produced supporting documents
25            required by the applicable court rules.
26                (III) Evidentiary hearing. If the court

 

 

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1            determines child support in an evidentiary
2            hearing, whether for purposes of a temporary order
3            or at the conclusion of a proceeding, item (II) of
4            this subparagraph (E) does not apply. In each such
5            case (unless item (I) governs), the individualized
6            tax amount shall be as determined by the court on
7            the basis of the record established.
8            (F) Adjustments to income.
9                (I) Multi-family adjustment. If a parent is
10            also legally responsible for support of a child not
11            shared with the other parent and not subject to the
12            present proceeding, there shall be an adjustment
13            to net income as follows:
14                    (i) Multi-family adjustment with court
15                order. The court shall deduct from the parent's
16                net income the amount of child support actually
17                paid by the parent pursuant to a support order
18                unless the court makes a finding that it would
19                cause economic hardship to the child.
20                    (ii) Multi-family adjustment without court
21                order. Upon the request or application of a
22                parent actually supporting a presumed,
23                acknowledged, or adjudicated child living in
24                or outside of that parent's household, there
25                shall be an adjustment to child support. The
26                court shall deduct from the parent's net income

 

 

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1                the amount of financial support actually paid
2                by the parent for the child or 75% of the
3                support the parent should pay under the child
4                support guidelines (before this adjustment),
5                whichever is less, unless the court makes a
6                finding that it would cause economic hardship
7                to the child. The adjustment shall be
8                calculated using that parent's income alone.
9                (II) Spousal Maintenance adjustment.
10            Obligations pursuant to a court order for spousal
11            maintenance in the pending proceeding actually
12            paid or payable to the same party to whom child
13            support is to be payable or actually paid to a
14            former spouse pursuant to a court order shall be
15            deducted from the parent's after-tax income,
16            unless the maintenance obligation is tax
17            deductible to the payor for federal income tax
18            purposes, in which case it shall be deducted from
19            the payor's gross income for purposes of
20            calculating the parent's child support obligation.
21        (3.1) Business income. For purposes of calculating
22    child support, net business income from the operation of a
23    business means gross receipts minus ordinary and necessary
24    expenses required to carry on the trade or business. As
25    used in this paragraph, "business" includes, but is not
26    limited to, sole proprietorships, closely held

 

 

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1    corporations, partnerships, other flow-through business
2    entities, and self-employment. The court shall apply the
3    following:
4            (A) The accelerated component of depreciation and
5        any business expenses determined either judicially or
6        administratively to be inappropriate or excessive
7        shall be excluded from the total of ordinary and
8        necessary business expenses to be deducted in the
9        determination of net business income from gross
10        business income.
11            (B) Any item of reimbursement or in-kind payment
12        received by a parent from a business, including, but
13        not limited to, a company car, reimbursed meals, free
14        housing, or a housing allowance, shall be counted as
15        income if not otherwise included in the recipient's
16        gross income, if the item is significant in amount and
17        reduces personal expenses.
18        (3.2) Unemployment or underemployment. If a parent is
19    voluntarily unemployed or underemployed, child support
20    shall be calculated based on a determination of potential
21    income. A determination of potential income shall be made
22    by determining employment potential and probable earnings
23    level based on the obligor's work history, occupational
24    qualifications, prevailing job opportunities, the
25    ownership by a parent of a substantial non-income producing
26    asset, and earnings levels in the community. If there is

 

 

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1    insufficient work history to determine employment
2    potential and probable earnings level, there shall be a
3    rebuttable presumption that the parent's potential income
4    is 75% of the most recent United States Department of
5    Health and Human Services Federal Poverty Guidelines for a
6    family of one person.
7        (3.3) Rebuttable presumption in favor of guidelines.
8    There is a rebuttable presumption in any judicial or
9    administrative proceeding for child support that the
10    amount of the child support obligation that would result
11    from the application of the child support guidelines is the
12    correct amount of child support.
13        (3.3a) Minimum child support obligation. There is a
14    rebuttable presumption that a minimum child support
15    obligation of $40 per month, per child, will be entered for
16    an obligor who has actual or imputed gross income at or
17    less than 75% of the most recent United States Department
18    of Health and Human Services Federal Poverty Guidelines for
19    a family of one person, with a maximum total child support
20    obligation for that obligor of $120 per month to be divided
21    equally among all of the obligor's children.
22        (3.3b) Zero dollar child support order. For parents
23    with no gross income, who receive only means-tested
24    assistance, or who cannot work due to a medically proven
25    disability, incarceration, or institutionalization, there
26    is a rebuttable presumption that the $40 per month minimum

 

 

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1    support order is inapplicable and a zero dollar order shall
2    be entered.
3        (3.4) Deviation factors. In any action to establish or
4    modify child support, whether pursuant to a temporary or
5    final administrative or court order, the child support
6    guidelines shall be used as a rebuttable presumption for
7    the establishment or modification of the amount of child
8    support. The court may deviate from the child support
9    guidelines if the application would be inequitable,
10    unjust, or inappropriate. Any deviation from the
11    guidelines shall be accompanied by written findings by the
12    court specifying the reasons for the deviation and the
13    presumed amount under the child support guidelines without
14    a deviation. These reasons may include:
15            (A) extraordinary medical expenditures necessary
16        to preserve the life or health of a party or a child of
17        either or both of the parties;
18            (B) additional expenses incurred for a child
19        subject to the child support order who has special
20        medical, physical, or developmental needs; and
21            (C) any other factor the court determines should be
22        applied upon a finding that the application of the
23        child support guidelines would be inappropriate, after
24        considering the best interest of the child.
25        (3.5) Income in excess of the schedule of basic child
26    support obligation. A court may use its discretion to

 

 

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1    determine child support if the combined adjusted net income
2    of the parties exceeds the highest level of the schedule of
3    basic child support obligation, except that the basic child
4    support obligation shall not be less than the highest level
5    of combined net income set forth in the schedule of basic
6    child support obligation.
7        (3.6) Extracurricular activities and school expenses.
8    The court, in its discretion, in addition to the basic
9    child support obligation, may order either or both parents
10    owing a duty of support to the child to contribute to the
11    reasonable school and extracurricular activity expenses
12    incurred which are intended to enhance the educational,
13    athletic, social, or cultural development of the child.
14        (3.7) Child care expenses. The court, in its
15    discretion, in addition to the basic child support
16    obligation, may order either or both parents owing a duty
17    of support to the child to contribute to the reasonable
18    child care expenses of the child. The child care expenses
19    shall be made payable directly to a party or directly to
20    the child care provider at the time of child care services.
21            (A) "Child care expenses" means actual expenses
22        reasonably necessary to enable a parent or non-parent
23        custodian to be employed, to attend educational or
24        vocational training programs to improve employment
25        opportunities, or to search for employment. "Child
26        care expenses" also includes deposits for securing

 

 

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1        placement in a child care program, the cost of before
2        and after school care, and camps when school is not in
3        session. A child's special needs shall be a
4        consideration in determining reasonable child care
5        expenses.
6            (B) Child care expenses shall be prorated in
7        proportion to each parent's percentage share of
8        combined net income, and may be added to the basic
9        child support obligation if not paid directly by each
10        parent to the provider of child care services. The
11        obligor's and obligee's portion of actual child care
12        expenses shall appear in the support order. If allowed,
13        the value of the federal income tax credit for child
14        care shall be subtracted from the actual cost to
15        determine the net child care costs.
16            (C) The amount of child care expenses shall be
17        adequate to obtain reasonable and necessary child
18        care. The actual child care expenses shall be used to
19        calculate the child care expenses, if available. When
20        actual child care expenses vary, the actual child care
21        expenses may be averaged over the most recent 12-month
22        period. When a parent is temporarily unemployed or
23        temporarily not attending educational or vocational
24        training programs, future child care expenses shall be
25        based upon prospective expenses to be incurred upon
26        return to employment or educational or vocational

 

 

HB2494- 68 -LRB101 08785 TAE 53872 b

1        training programs.
2            (D) An order for child care expenses may be
3        modified upon a showing of a substantial change in
4        circumstances. The party incurring child care expenses
5        shall notify the other party within 14 days of any
6        change in the amount of child care expenses that would
7        affect the annualized child care amount as determined
8        in the support order.
9        (3.8) Shared physical care. If each parent exercises
10    146 or more overnights per year with the child, the basic
11    child support obligation is multiplied by 1.5 to calculate
12    the shared care child support obligation. The court shall
13    determine each parent's share of the shared care child
14    support obligation based on the parent's percentage share
15    of combined net income. The child support obligation is
16    then computed for each parent by multiplying that parent's
17    portion of the shared care support obligation by the
18    percentage of time the child spends with the other parent.
19    The respective child support obligations are then offset,
20    with the parent owing more child support paying the
21    difference between the child support amounts. The Illinois
22    Department of Healthcare and Family Services shall
23    promulgate a worksheet to calculate child support in cases
24    in which the parents have shared physical care and use the
25    standardized tax amount to determine net income.
26        (3.9) Split physical care. When there is more than one

 

 

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1    child and each parent has physical care of at least one but
2    not all of the children, the support is calculated by using
3    2 child support worksheets to determine the support each
4    parent owes the other. The support shall be calculated as
5    follows:
6            (A) compute the support the first parent would owe
7        to other parent as if the child in his or her care was
8        the only child of the parties; then
9            (B) compute the support the other parent would owe
10        to the first parent as if the child in his or her care
11        were the only child of the parties; then
12            (C) subtract the lesser support obligation from
13        the greater.
14        The parent who owes the greater obligation shall be
15    ordered to pay the difference in support to the other
16    parent, unless the court determines, pursuant to other
17    provisions of this Section, that it should deviate from the
18    guidelines.
19        (4) Health care.
20            (A) A portion of the basic child support obligation
21        is intended to cover basic ordinary out-of-pocket
22        medical expenses. The court, in its discretion, in
23        addition to the basic child support obligation, shall
24        also provide for the child's current and future medical
25        needs by ordering either or both parents to initiate
26        health insurance coverage for the child through

 

 

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1        currently effective health insurance policies held by
2        the parent or parents, purchase one or more or all
3        health, dental, or vision insurance policies for the
4        child, or provide for the child's current and future
5        medical needs through some other manner.
6            (B) The court, in its discretion, may order either
7        or both parents to contribute to the reasonable health
8        care needs of the child not covered by insurance,
9        including, but not limited to, unreimbursed medical,
10        dental, orthodontic, or vision expenses and any
11        prescription medication for the child not covered
12        under the child's health insurance.
13            (C) If neither parent has access to appropriate
14        private health insurance coverage, the court may
15        order:
16                (I) one or both parents to provide health
17            insurance coverage at any time it becomes
18            available at a reasonable cost; or
19                (II) the parent or non-parent custodian with
20            primary physical responsibility for the child to
21            apply for public health insurance coverage for the
22            child and require either or both parents to pay a
23            reasonable amount of the cost of health insurance
24            for the child.
25            The order may also provide that any time private
26        health insurance coverage is available at a reasonable

 

 

HB2494- 71 -LRB101 08785 TAE 53872 b

1        cost to that party it will be provided instead of cash
2        medical support. As used in this Section, "cash medical
3        support" means an amount ordered to be paid toward the
4        cost of health insurance provided by a public entity or
5        by another person through employment or otherwise or
6        for other medical costs not covered by insurance.
7            (D) The amount to be added to the basic child
8        support obligation shall be the actual amount of the
9        total health insurance premium that is attributable to
10        the child who is the subject of the order. If this
11        amount is not available or cannot be verified, the
12        total cost of the health insurance premium shall be
13        divided by the total number of persons covered by the
14        policy. The cost per person derived from this
15        calculation shall be multiplied by the number of
16        children who are the subject of the order and who are
17        covered under the health insurance policy. This amount
18        shall be added to the basic child support obligation
19        and shall be allocated between the parents in
20        proportion to their respective net incomes.
21            (E) After the health insurance premium for the
22        child is added to the basic child support obligation
23        and allocated between the parents in proportion to
24        their respective incomes for child support purposes,
25        if the obligor is paying the premium, the amount
26        calculated for the obligee's share of the health

 

 

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1        insurance premium for the child shall be deducted from
2        the obligor's share of the total child support
3        obligation. If the obligee is paying for private health
4        insurance for the child, the child support obligation
5        shall be increased by the obligor's share of the
6        premium payment. The obligor's and obligee's portion
7        of health insurance costs shall appear in the support
8        order.
9            (F) Prior to allowing the health insurance
10        adjustment, the parent requesting the adjustment must
11        submit proof that the child has been enrolled in a
12        health insurance plan and must submit proof of the cost
13        of the premium. The court shall require the parent
14        receiving the adjustment to annually submit proof of
15        continued coverage of the child to the other parent, or
16        as designated by the court.
17            (G) A reasonable cost for providing health
18        insurance coverage for the child may not exceed 5% of
19        the providing parent's gross income. Parents with a net
20        income below 133% of the most recent United States
21        Department of Health and Human Services Federal
22        Poverty Guidelines or whose child is covered by
23        Medicaid based on that parent's income may not be
24        ordered to contribute toward or provide private
25        coverage, unless private coverage is obtainable
26        without any financial contribution by that parent.

 

 

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1            (H) If dental or vision insurance is included as
2        part of the employer's medical plan, the coverage shall
3        be maintained for the child. If not included in the
4        employer's medical plan, adding the dental or vision
5        insurance for the child is at the discretion of the
6        court.
7            (I) If a parent has been directed to provide health
8        insurance pursuant to this paragraph and that parent's
9        spouse or legally recognized partner provides the
10        insurance for the benefit of the child either directly
11        or through employment, a credit on the child support
12        worksheet shall be given to that parent in the same
13        manner as if the premium were paid by that parent.
14        (4.5) In a proceeding for child support following
15    dissolution of the marriage or civil union by a court that
16    lacked personal jurisdiction over the absent spouse, and in
17    which the court is requiring payment of support for the
18    period before the date an order for current support is
19    entered, there is a rebuttable presumption that the
20    obligor's net income for the prior period was the same as
21    his or her net income at the time the order for current
22    support is entered.
23        (5) If the net income cannot be determined because of
24    default or any other reason, the court shall order support
25    in an amount considered reasonable in the particular case.
26    The final order in all cases shall state the support level

 

 

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1    in dollar amounts. However, if the court finds that the
2    child support amount cannot be expressed exclusively as a
3    dollar amount because all or a portion of the obligor's net
4    income is uncertain as to source, time of payment, or
5    amount, the court may order a percentage amount of support
6    in addition to a specific dollar amount and enter such
7    other orders as may be necessary to determine and enforce,
8    on a timely basis, the applicable support ordered.
9        (6) If (i) the obligor was properly served with a
10    request for discovery of financial information relating to
11    the obligor's ability to provide child support, (ii) the
12    obligor failed to comply with the request, despite having
13    been ordered to do so by the court, and (iii) the obligor
14    is not present at the hearing to determine support despite
15    having received proper notice, then any relevant financial
16    information concerning the obligor's ability to provide
17    child support that was obtained pursuant to subpoena and
18    proper notice shall be admitted into evidence without the
19    need to establish any further foundation for its admission.
20    (a-5) In an action to enforce an order for child support
21based on the obligor's failure to make support payments as
22required by the order, notice of proceedings to hold the
23obligor in contempt for that failure may be served on the
24obligor by personal service or by regular mail addressed to the
25last known address of the obligor. The last known address of
26the obligor may be determined from records of the clerk of the

 

 

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1court, from the Federal Case Registry of Child Support Orders,
2or by any other reasonable means.
3    (b) Failure of either parent to comply with an order to pay
4support shall be punishable as in other cases of contempt. In
5addition to other penalties provided by law the court may,
6after finding the parent guilty of contempt, order that the
7parent be:
8        (1) placed on probation with such conditions of
9    probation as the court deems advisable;
10        (2) sentenced to periodic imprisonment for a period not
11    to exceed 6 months; provided, however, that the court may
12    permit the parent to be released for periods of time during
13    the day or night to:
14            (A) work; or
15            (B) conduct a business or other self-employed
16        occupation.
17    The court may further order any part or all of the earnings
18of a parent during a sentence of periodic imprisonment paid to
19the Clerk of the Circuit Court or to the parent having physical
20possession of the child or to the non-parent custodian having
21custody of the child of the sentenced parent for the support of
22the child until further order of the court.
23    If a parent who is found guilty of contempt for failure to
24comply with an order to pay support is a person who conducts a
25business or who is self-employed, the court in addition to
26other penalties provided by law may order that the parent do

 

 

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1one or more of the following: (i) provide to the court monthly
2financial statements showing income and expenses from the
3business or the self-employment; (ii) seek employment and
4report periodically to the court with a diary, listing, or
5other memorandum of his or her employment search efforts; or
6(iii) report to the Department of Employment Security for job
7search services to find employment that will be subject to
8withholding for child support.
9    If there is a unity of interest and ownership sufficient to
10render no financial separation between an obligor and another
11person or persons or business entity, the court may pierce the
12ownership veil of the person, persons, or business entity to
13discover assets of the obligor held in the name of that person,
14those persons, or that business entity. The following
15circumstances are sufficient to authorize a court to order
16discovery of the assets of a person, persons, or business
17entity and to compel the application of any discovered assets
18toward payment on the judgment for support:
19        (1) the obligor and the person, persons, or business
20    entity maintain records together.
21        (2) the obligor and the person, persons, or business
22    entity fail to maintain an arm's length relationship
23    between themselves with regard to any assets.
24        (3) the obligor transfers assets to the person,
25    persons, or business entity with the intent to perpetrate a
26    fraud on the obligee.

 

 

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1    With respect to assets which are real property, no order
2entered under this paragraph shall affect the rights of bona
3fide purchasers, mortgagees, judgment creditors, or other lien
4holders who acquire their interests in the property prior to
5the time a notice of lis pendens pursuant to the Code of Civil
6Procedure or a copy of the order is placed of record in the
7office of the recorder of deeds for the county in which the
8real property is located.
9    The court may also order in cases where the parent is 90
10days or more delinquent in payment of support or has been
11adjudicated in arrears in an amount equal to 90 days obligation
12or more, that the parent's Illinois driving privileges be
13suspended until the court determines that the parent is in
14compliance with the order of support. The court may also order
15that the parent be issued a family financial responsibility
16driving permit that would allow limited driving privileges for
17employment and medical purposes in accordance with Section
187-702.1 of the Illinois Vehicle Code. The Clerk of the Circuit
19Court shall certify the order suspending the driving privileges
20of the parent or granting the issuance of a family financial
21responsibility driving permit to the Secretary of State on
22forms prescribed by the Secretary of State. Upon receipt of the
23authenticated documents, the Secretary of State shall suspend
24the parent's driving privileges until further order of the
25court and shall, if ordered by the court, subject to the
26provisions of Section 7-702.1 of the Illinois Vehicle Code,

 

 

HB2494- 78 -LRB101 08785 TAE 53872 b

1issue a family financial responsibility driving permit to the
2parent.
3    In addition to the penalties or punishment that may be
4imposed under this Section, any person whose conduct
5constitutes a violation of Section 15 of the Non-Support
6Punishment Act may be prosecuted under that Act, and a person
7convicted under that Act may be sentenced in accordance with
8that Act. The sentence may include but need not be limited to a
9requirement that the person perform community service under
10Section 50 of that Act or participate in a work alternative
11program under Section 50 of that Act. A person may not be
12required to participate in a work alternative program under
13Section 50 of that Act if the person is currently participating
14in a work program pursuant to Section 505.1 of this Act.
15    A support obligation, or any portion of a support
16obligation, which becomes due and remains unpaid as of the end
17of each month, excluding the child support that was due for
18that month to the extent that it was not paid in that month,
19shall accrue simple interest as set forth in Section 12-109 of
20the Code of Civil Procedure. An order for support entered or
21modified on or after January 1, 2006 shall contain a statement
22that a support obligation required under the order, or any
23portion of a support obligation required under the order, that
24becomes due and remains unpaid as of the end of each month,
25excluding the child support that was due for that month to the
26extent that it was not paid in that month, shall accrue simple

 

 

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1interest as set forth in Section 12-109 of the Code of Civil
2Procedure. Failure to include the statement in the order for
3support does not affect the validity of the order or the
4accrual of interest as provided in this Section.
5    (c) A one-time charge of 20% is imposable upon the amount
6of past-due child support owed on July 1, 1988 which has
7accrued under a support order entered by the court. The charge
8shall be imposed in accordance with the provisions of Section
910-21 of the Illinois Public Aid Code and shall be enforced by
10the court upon petition.
11    (d) Any new or existing support order entered by the court
12under this Section shall be deemed to be a series of judgments
13against the person obligated to pay support thereunder, each
14such judgment to be in the amount of each payment or
15installment of support and each such judgment to be deemed
16entered as of the date the corresponding payment or installment
17becomes due under the terms of the support order. Each such
18judgment shall have the full force, effect and attributes of
19any other judgment of this State, including the ability to be
20enforced. Notwithstanding any other State or local law to the
21contrary, a lien arises by operation of law against the real
22and personal property of the obligor for each installment of
23overdue support owed by the obligor.
24    (e) When child support is to be paid through the Clerk of
25the Court in a county of 500,000 inhabitants or less, the order
26shall direct the obligor to pay to the Clerk, in addition to

 

 

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1the child support payments, all fees imposed by the county
2board under paragraph (4) of subsection (bb) of Section 27.1a
3of the Clerks of Courts Act. When child support is to be paid
4through the clerk of the court in a county of more than 500,000
5but less than 3,000,000 inhabitants, the order shall direct the
6obligor to pay to the clerk, in addition to the child support
7payments, all fees imposed by the county board under paragraph
8(4) of subsection (bb) of Section 27.2 of the Clerks of Courts
9Act. Unless paid pursuant to an Income Withholding Order/Notice
10for Support, the payment of the fee shall be by payment
11acceptable to the clerk and shall be made to the order of the
12Clerk.
13    (f) All orders for support, when entered or modified, shall
14include a provision requiring the obligor to notify the court
15and, in cases in which a party is receiving child and spouse
16services under Article X of the Illinois Public Aid Code, the
17Department of Healthcare and Family Services, within 7 days,
18(i) of the name and address of any new employer of the obligor,
19(ii) whether the obligor has access to health insurance
20coverage through the employer or other group coverage and, if
21so, the policy name and number and the names of persons covered
22under the policy, except only the initials of any covered
23minors shall be included, and (iii) of any new residential or
24mailing address or telephone number of the obligor. In any
25subsequent action to enforce a support order, upon a sufficient
26showing that a diligent effort has been made to ascertain the

 

 

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1location of the obligor, service of process or provision of
2notice necessary in the case may be made at the last known
3address of the obligor in any manner expressly provided by the
4Code of Civil Procedure or this Act, which service shall be
5sufficient for purposes of due process.
6    (g) An order for support shall include a date on which the
7current support obligation terminates. The termination date
8shall be no earlier than the date on which the child covered by
9the order will attain the age of 18. However, if the child will
10not graduate from high school until after attaining the age of
1118, then the termination date shall be no earlier than the
12earlier of the date on which the child's high school graduation
13will occur or the date on which the child will attain the age
14of 19. The order for support shall state that the termination
15date does not apply to any arrearage that may remain unpaid on
16that date. Nothing in this subsection shall be construed to
17prevent the court from modifying the order or terminating the
18order in the event the child is otherwise emancipated.
19    (g-5) If there is an unpaid arrearage or delinquency (as
20those terms are defined in the Income Withholding for Support
21Act) equal to at least one month's support obligation on the
22termination date stated in the order for support or, if there
23is no termination date stated in the order, on the date the
24child attains the age of majority or is otherwise emancipated,
25the periodic amount required to be paid for current support of
26that child immediately prior to that date shall automatically

 

 

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1continue to be an obligation, not as current support but as
2periodic payment toward satisfaction of the unpaid arrearage or
3delinquency. That periodic payment shall be in addition to any
4periodic payment previously required for satisfaction of the
5arrearage or delinquency. The total periodic amount to be paid
6toward satisfaction of the arrearage or delinquency may be
7enforced and collected by any method provided by law for
8enforcement and collection of child support, including but not
9limited to income withholding under the Income Withholding for
10Support Act. Each order for support entered or modified on or
11after January 1, 2005 (the effective date of Public Act
1293-1061) must contain a statement notifying the parties of the
13requirements of this subsection. Failure to include the
14statement in the order for support does not affect the validity
15of the order or the operation of the provisions of this
16subsection with regard to the order. This subsection shall not
17be construed to prevent or affect the establishment or
18modification of an order for support of a minor child or the
19establishment or modification of an order for support of a
20non-minor child or educational expenses under Section 513 of
21this Act.
22    (h) An order entered under this Section shall include a
23provision requiring either parent to report to the other parent
24and to the Clerk of Court within 10 days each time either
25parent obtains new employment, and each time either parent's
26employment is terminated for any reason. The report shall be in

 

 

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1writing and shall, in the case of new employment, include the
2name and address of the new employer. Failure to report new
3employment or the termination of current employment, if coupled
4with nonpayment of support for a period in excess of 60 days,
5is indirect criminal contempt. For either parent arrested for
6failure to report new employment bond shall be set in the
7amount of the child support that should have been paid during
8the period of unreported employment. An order entered under
9this Section shall also include a provision requiring either
10obligor and obligee to advise the other of a change in
11residence within 5 days of the change except when the court
12finds that the physical, mental, or emotional health of a party
13or that of a child, or both, would be seriously endangered by
14disclosure of the party's address.
15    (i) The court does not lose the powers of contempt,
16driver's license suspension, or other child support
17enforcement mechanisms, including, but not limited to,
18criminal prosecution as set forth in this Act, upon the
19emancipation of the minor child.
20(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764,
21eff. 7-1-17; 100-15, eff. 7-1-17; 100-863, eff. 8-14-18;
22100-923, eff. 1-1-19.)
 
23    (750 ILCS 5/607.5)
24    Sec. 607.5. Abuse of allocated parenting time.
25    (a) The court shall provide an expedited procedure for the

 

 

HB2494- 84 -LRB101 08785 TAE 53872 b

1enforcement of allocated parenting time.
2    (b) An action for the enforcement of allocated parenting
3time may be commenced by a parent or a person appointed under
4Section 506 by filing a petition setting forth: (i) the
5petitioner's name and residence address or mailing address,
6except that if the petition states that disclosure of
7petitioner's address would risk abuse of petitioner or any
8member of petitioner's family or household or reveal the
9confidential address of a shelter for domestic violence
10victims, that address may be omitted from the petition; (ii)
11the respondent's name and place of residence, place of
12employment, or mailing address; (iii) the terms of the
13parenting plan or allocation judgment then in effect; (iv) the
14nature of the violation of the allocation of parenting time,
15giving dates and other relevant information; and (v) that a
16reasonable attempt was made to resolve the dispute.
17    (c) If the court finds by a preponderance of the evidence
18that a parent has not complied with allocated parenting time
19according to an approved parenting plan or a court order, the
20court, in the child's best interests, shall issue an order that
21may include one or more of the following:
22        (1) an imposition of additional terms and conditions
23    consistent with the court's previous allocation of
24    parenting time or other order;
25        (2) a requirement that either or both of the parties
26    attend a parental education program at the expense of the

 

 

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1    non-complying parent;
2        (3) upon consideration of all relevant factors,
3    particularly a history or possibility of domestic
4    violence, a requirement that the parties participate in
5    family or individual counseling, the expense of which shall
6    be allocated by the court; if counseling is ordered, all
7    counseling sessions shall be confidential, and the
8    communications in counseling shall not be used in any
9    manner in litigation nor relied upon by an expert appointed
10    by the court or retained by any party;
11        (4) a requirement that the non-complying parent post a
12    cash bond or other security to ensure future compliance,
13    including a provision that the bond or other security may
14    be forfeited to the other parent for payment of expenses on
15    behalf of the child as the court shall direct;
16        (5) a requirement that makeup parenting time be
17    provided for the aggrieved parent or child under the
18    following conditions:
19            (A) that the parenting time is of the same type and
20        duration as the parenting time that was denied,
21        including but not limited to parenting time during
22        weekends, on holidays, and on weekdays and during times
23        when the child is not in school;
24            (B) that the parenting time is made up within 6
25        months after the noncompliance occurs, unless the
26        period of time or holiday cannot be made up within 6

 

 

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1        months, in which case the parenting time shall be made
2        up within one year after the noncompliance occurs;
3        (6) a finding that the non-complying parent is in
4    contempt of court;
5        (7) an imposition on the non-complying parent of an
6    appropriate civil fine per incident of denied parenting
7    time;
8        (8) a requirement that the non-complying parent
9    reimburse the other parent for all reasonable expenses
10    incurred as a result of the violation of the parenting plan
11    or court order; and
12        (9) any other provision that may promote the child's
13    best interests.
14    (d) In addition to any other order entered under subsection
15(c), except for good cause shown, the court shall order a
16parent who has failed to provide allocated parenting time or to
17exercise allocated parenting time to pay the aggrieved party
18his or her reasonable attorney's fees, court costs, and
19expenses associated with an action brought under this Section.
20If the court finds that the respondent in an action brought
21under this Section has not violated the allocated parenting
22time, the court may order the petitioner to pay the
23respondent's reasonable attorney's fees, court costs, and
24expenses incurred in the action.
25    (e) Nothing in this Section precludes a party from
26maintaining any other action as provided by law.

 

 

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1    (f) When the court issues an order holding a party in
2contempt for violation of a parenting time order and finds that
3the party engaged in parenting time abuse, the court may order
4one or more of the following:
5        (1) (Blank). Suspension of a party's Illinois driving
6    privileges pursuant to Section 7-703 of the Illinois
7    Vehicle Code until the court determines that the party is
8    in compliance with the parenting time order. The court may
9    also order that a party be issued a family financial
10    responsibility driving permit that would allow limited
11    driving privileges for employment, for medical purposes,
12    and to transport a child to or from scheduled parenting
13    time in order to comply with a parenting time order in
14    accordance with subsection (a-1) of Section 7-702.1 of the
15    Illinois Vehicle Code.
16        (2) Placement of a party on probation with such
17    conditions of probation as the court deems advisable.
18        (3) Sentencing of a party to periodic imprisonment for
19    a period not to exceed 6 months; provided, that the court
20    may permit the party to be released for periods of time
21    during the day or night to:
22            (A) work; or
23            (B) conduct a business or other self-employed
24        occupation.
25        (4) Find that a party in engaging in parenting time
26    abuse is guilty of a petty offense and should be fined an

 

 

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1    amount of no more than $500 for each finding of parenting
2    time abuse.
3    (g) When the court issues an order holding a party in
4contempt of court for violation of a parenting order, the clerk
5shall transmit a copy of the contempt order to the sheriff of
6the county. The sheriff shall furnish a copy of each contempt
7order to the Department of State Police on a daily basis in the
8form and manner required by the Department. The Department
9shall maintain a complete record and index of the contempt
10orders and make this data available to all local law
11enforcement agencies.
12    (h) Nothing contained in this Section shall be construed to
13limit the court's contempt power.
14(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
 
15    Section 25. The Non-Support Punishment Act is amended by
16changing Section 50 as follows:
 
17    (750 ILCS 16/50)
18    Sec. 50. Community service; work alternative program.
19    (a) In addition to any other penalties imposed against an
20offender under this Act, the court may order the offender to
21perform community service for not less than 30 and not more
22than 120 hours per month, if community service is available in
23the jurisdiction and is funded and approved by the county board
24of the county where the offense was committed. In addition,

 

 

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1whenever any person is placed on supervision for committing an
2offense under this Act, the supervision shall be conditioned on
3the performance of the community service.
4    (b) In addition to any other penalties imposed against an
5offender under this Act, the court may sentence the offender to
6service in a work alternative program administered by the
7sheriff. The conditions of the program are that the offender
8obtain or retain employment and participate in a work
9alternative program administered by the sheriff during
10non-working hours. A person may not be required to participate
11in a work alternative program under this subsection if the
12person is currently participating in a work program pursuant to
13another provision of this Act, Section 10-11.1 of the Illinois
14Public Aid Code, Section 505.1 of the Illinois Marriage and
15Dissolution of Marriage Act, or Section 806 of the Illinois
16Parentage Act of 2015.
17    (c) In addition to any other penalties imposed against an
18offender under this Act, the court may order, in cases where
19the offender has been in violation of this Act for 90 days or
20more, that the offender's Illinois driving privileges be
21suspended until the court determines that the offender is in
22compliance with this Act.
23    The court may determine that the offender is in compliance
24with this Act if the offender has agreed (i) to pay all
25required amounts of support and maintenance as determined by
26the court or (ii) to the garnishment of his or her income for

 

 

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1the purpose of paying those amounts.
2    The court may also order that the offender be issued a
3family financial responsibility driving permit that would
4allow limited driving privileges for employment and medical
5purposes in accordance with Section 7-702.1 of the Illinois
6Vehicle Code. The clerk of the circuit court shall certify the
7order suspending the driving privileges of the offender or
8granting the issuance of a family financial responsibility
9driving permit to the Secretary of State on forms prescribed by
10the Secretary. Upon receipt of the authenticated documents, the
11Secretary of State shall suspend the offender's driving
12privileges until further order of the court and shall, if
13ordered by the court, subject to the provisions of Section
147-702.1 of the Illinois Vehicle Code, issue a family financial
15responsibility driving permit to the offender.
16    (d) If the court determines that the offender has been in
17violation of this Act for more than 60 days, the court may
18determine whether the offender has applied for or been issued a
19professional license by the Department of Professional
20Regulation or another licensing agency. If the court determines
21that the offender has applied for or been issued such a
22license, the court may certify to the Department of
23Professional Regulation or other licensing agency that the
24offender has been in violation of this Act for more than 60
25days so that the Department or other agency may take
26appropriate steps with respect to the license or application as

 

 

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1provided in Section 10-65 of the Illinois Administrative
2Procedure Act and Section 2105-15 of the Department of
3Professional Regulation Law of the Civil Administrative Code of
4Illinois. The court may take the actions required under this
5subsection in addition to imposing any other penalty authorized
6under this Act.
7(Source: P.A. 99-85, eff. 1-1-16.)
 
8    Section 30. The Illinois Parentage Act of 2015 is amended
9by changing Section 805 as follows:
 
10    (750 ILCS 46/805)
11    Sec. 805. Enforcement of judgment or order.
12    (a) If the existence of the parent-child relationship is
13declared, or if parentage or a duty of support has been
14established under this Act or under prior law or under the law
15of any other jurisdiction, the judgment rendered thereunder may
16be enforced in the same or in other proceedings by any party or
17any person or agency that has furnished or may furnish
18financial assistance or services to the child. The Income
19Withholding for Support Act and Sections 802 and 808 of this
20Act shall also be applicable with respect to the entry,
21modification, and enforcement of a support judgment entered
22under the Paternity Act, approved July 5, 1957 and repealed
23July 1, 1985.
24    (b) Failure to comply with an order of the court shall be

 

 

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1punishable as contempt as in other cases of failure to comply
2under the Illinois Marriage and Dissolution of Marriage Act. In
3addition to other penalties provided by law, the court may,
4after finding the party guilty of contempt, take the following
5action:
6        (1) Order that the party be placed on probation with
7    such conditions of probation as the court deems advisable.
8        (2) Order that the party be sentenced to periodic
9    imprisonment for a period not to exceed 6 months. However,
10    the court may permit the party to be released for periods
11    of time during the day or night to work, conduct business,
12    or engage in other self-employed occupation. The court may
13    further order any part of all the earnings of a party
14    during a sentence of periodic imprisonment to be paid to
15    the clerk of the circuit court or to the person or parent
16    having custody of or having been allocated parental
17    responsibilities for the minor child for the support of the
18    child until further order of the court.
19        (3) Pierce the ownership veil of a person, persons, or
20    business entity to discover assets of a non-custodial
21    parent held in the name of that person, those persons, or
22    that business entity, if there is a unity of interest and
23    ownership sufficient to render no financial separation
24    between the non-custodial parent and that person, those
25    persons, or the business entity. The following
26    circumstances are sufficient for a court to order discovery

 

 

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1    of the assets of a person, persons, or business entity and
2    to compel the application of any discovered assets toward
3    payment of the judgment for support:
4            (A) the non-custodial parent and the person,
5        persons, or business entity maintain records together.
6            (B) the non-custodial parent and the person,
7        persons, or business entity fail to maintain an
8        arm's-length relationship between themselves with
9        regard to any assets.
10            (C) the non-custodial parent transfers assets to
11        the person, persons, or business entity with the intent
12        to perpetrate a fraud on the custodial parent. With
13        respect to assets which are real property, no order
14        entered under this subdivision (3) shall affect the
15        rights of bona fide purchasers, mortgagees, judgment
16        creditors, or other lien holders who acquire their
17        interests in the property prior to the time a notice of
18        lis pendens under the Code of Civil Procedure or a copy
19        of the order is placed of record in the office of the
20        recorder of deeds for the county in which the real
21        property is located.
22        (4) (Blank). Order that, in cases where the party is 90
23    days or more delinquent in payment of support or has been
24    adjudicated in arrears in an amount equal to 90 days
25    obligation or more, the party's Illinois driving
26    privileges be suspended until the court determines that the

 

 

HB2494- 94 -LRB101 08785 TAE 53872 b

1    party is in compliance with the judgment or duty of
2    support. The court may also order that the parent be issued
3    a family financial responsibility driving permit that
4    would allow limited driving privileges for employment and
5    medical purposes in accordance with Section 7-702.1 of the
6    Illinois Vehicle Code. The clerk of the circuit court shall
7    certify the order suspending the driving privileges of the
8    parent or granting the issuance of a family financial
9    responsibility driving permit to the Secretary of State on
10    forms prescribed by the Secretary. Upon receipt of the
11    authenticated documents, the Secretary of State shall
12    suspend the party's driving privileges until further order
13    of the court and shall, if ordered by the court and subject
14    to the provisions of Section 7-702.1 of the Illinois
15    Vehicle Code, issue a family financial responsibility
16    driving permit to the parent.
17    In addition to the penalties or punishment that may be
18imposed under this Section, a person whose conduct constitutes
19a violation of Section 15 of the Non-Support Punishment Act may
20be prosecuted under that Act, and a person convicted under that
21Act may be sentenced in accordance with that Act. The sentence
22may include, but need not be limited to, a requirement that the
23person perform community service under Section 50 of that Act
24or participate in a work alternative program under Section 50
25of that Act. A person may not be required to participate in a
26work alternative program under Section 50 of the Non-Support

 

 

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1Punishment Act if the person is currently participating in a
2work program under Section 806 of this Act.
3    (c) In a post-judgment proceeding to enforce or modify the
4judgment, the parties shall continue to be designated as in the
5original proceeding.
6(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)
 
7    (625 ILCS 5/Ch. 7 Art. VII rep.)
8    Section 35. The Illinois Vehicle Code is amended by
9repealing Article VII of Chapter 7.