Full Text of HB2494 101st General Assembly
HB2494 101ST GENERAL ASSEMBLY |
| | 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. | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing 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 | 8 | | Agencies. | 9 | | (a) The
Illinois Department may provide by rule for | 10 | | certification to any State
licensing agency to suspend, revoke, | 11 | | or deny issuance or renewal of licenses because of (i) the | 12 | | failure of responsible relatives to comply with subpoenas or | 13 | | warrants relating to paternity or child support proceedings and | 14 | | (ii) past due support owed by responsible relatives under a
| 15 | | support order entered by a court or administrative body of this | 16 | | or any
other State on behalf of resident or non-resident | 17 | | persons receiving child support enforcement services under | 18 | | Title IV, Part D of the Social Security Act. The rule shall
| 19 | | provide for notice to and an opportunity to be heard by each | 20 | | responsible
relative affected and any final administrative | 21 | | decision rendered by the
Department shall be reviewed only | 22 | | under and in accordance with the
Administrative Review Law.
| 23 | | (b) The Illinois Department may provide by rule for |
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| 1 | | directing the Secretary of State to issue family financial
| 2 | | responsibility driving permits upon petition of responsible | 3 | | relatives whose driver's licenses have been suspended in | 4 | | accordance with subsection (b) of Section 7-702.1 of the | 5 | | Illinois Vehicle Code. Any final administrative decisions | 6 | | rendered by the Department upon such petitions shall be | 7 | | reviewable only under and in accordance with the
Administrative | 8 | | Review 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 | 11 | | changing 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
| 15 | | Article 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 | 10 | | SPECIAL 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 | 17 | | Commercial
Driver License Act, Article V of this Chapter, the | 18 | | Secretary of State is
empowered to prorate pro-rate the $24 fee | 19 | | for the commercial driver's license
proportionate to the | 20 | | expiration date of the applicant's Illinois driver's
license. | 21 | | The fee for any duplicate license or permit shall be waived | 22 | | for any
person who presents the Secretary of State's office | 23 | | with a
police report showing that his license or permit was | 24 | | stolen. | 25 | | The fee for any duplicate license or permit shall be waived | 26 | | for any
person age 60 or older whose driver's license or permit |
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| 1 | | has been lost or stolen. | 2 | | No additional fee shall be charged for a driver's license, | 3 | | or for a
commercial driver's license, when issued
to the holder | 4 | | of an instruction permit for the same classification or
type of | 5 | | license who becomes eligible for such
license. | 6 | | The fee for a restricted driving permit under this | 7 | | subsection (a) shall be imposed annually until the expiration | 8 | | of the permit. | 9 | | (a-5) The fee for a driver's record or data contained | 10 | | therein is $12. | 11 | | (b) Any person whose license or privilege to operate a | 12 | | motor vehicle
in this State has been suspended or revoked under | 13 | | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | 14 | | Section 7-205 or , 7-303 , or 7-702 of the Family
Financial
| 15 | | Responsibility Law of this Code, shall in addition to any other
| 16 | | fees 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 | 25 | | operate a motor vehicle
in this State has been suspended or | 26 | | revoked for a second or subsequent time
for a violation of |
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| 1 | | Section 11-501, 11-501.1, or 11-501.9
of this Code or a similar | 2 | | provision of a local ordinance
or a similar out-of-state | 3 | | offense
or Section 9-3 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012
and each suspension or revocation was for | 5 | | a violation of Section 11-501,
11-501.1, or 11-501.9 of this | 6 | | Code or a similar provision of a local ordinance
or a similar | 7 | | out-of-state offense
or Section
9-3 of the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012
shall pay, in addition to any | 9 | | other
fees required by this Code, a
reinstatement
fee as | 10 | | follows: | 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 | 16 | | 6 shall be disbursed under subsection (g) of Section 2-119 of | 17 | | this 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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| 1 | | this amendatory Act of the 96th General Assembly shall be | 2 | | deposited into the Capital Projects Fund. | 3 | | (e) The additional fees imposed by this amendatory Act of | 4 | | the 96th General Assembly shall become effective 90 days after | 5 | | becoming law. | 6 | | (f) As used in this Section, "active-duty member of the | 7 | | United States Armed Forces" means a member of the Armed | 8 | | Services or Reserve Forces of the United States or a member of | 9 | | the Illinois National Guard who is called to active duty | 10 | | pursuant to an executive order of the President of the United | 11 | | States, an act of the Congress of the United States, or an | 12 | | order of the Governor. | 13 | | (Source: P.A. 99-127, eff. 1-1-16; 99-438, eff. 1-1-16; 99-642, | 14 | | eff. 7-28-16; 99-933, eff. 1-27-17; 100-590, eff. 6-8-18; | 15 | | 100-803, 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 | 19 | | license 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 | 14 | | surrender the
license or permit so cancelled to the Secretary | 15 | | of State.
| 16 | | (c) Except as provided in Section Sections 6-206.1 , and | 17 | | 7-702.1,
the Secretary of State
shall have exclusive authority | 18 | | to grant, issue, deny, cancel, suspend and
revoke driving | 19 | | privileges, drivers' licenses and restricted driving permits.
| 20 | | (d) The Secretary of State may adopt rules to implement | 21 | | this 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 | 25 | | privilege 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 | 3 | | of a motor
vehicle on any highway of this State at a time when | 4 | | such person's driver's
license, permit , or privilege to do so | 5 | | or the privilege to obtain a driver's
license or permit is | 6 | | revoked or suspended as provided by this Code or the law
of | 7 | | another state, except as may be specifically allowed by a | 8 | | judicial driving
permit issued prior to January 1, 2009, | 9 | | monitoring device driving permit, family financial | 10 | | responsibility driving permit, probationary
license to drive, | 11 | | or a restricted driving permit issued pursuant to this Code
or | 12 | | under the law of another state, shall be guilty of a Class A | 13 | | misdemeanor.
| 14 | | (a-3) A second or subsequent violation of subsection (a) of | 15 | | this Section is a Class 4 felony if committed by a person whose | 16 | | driving or operation of a motor vehicle is the proximate cause | 17 | | of a motor vehicle accident that causes personal injury or | 18 | | death to another. For purposes of this subsection, a personal | 19 | | injury includes any Type A injury as indicated on the traffic | 20 | | accident report completed by a law enforcement officer that | 21 | | requires immediate professional attention in either a doctor's | 22 | | office or a medical facility. A Type A injury includes severe | 23 | | bleeding wounds, distorted extremities, and injuries that | 24 | | require the injured party to be carried from the scene. | 25 | | (a-5) Any person who violates this Section as provided in | 26 | | subsection (a) while his or her driver's license, permit , or |
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| 1 | | privilege is revoked because of a violation of Section 9-3 of | 2 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 3 | | relating to the offense of reckless homicide, or a violation of | 4 | | subparagraph (F) of paragraph (1) of subsection (d) of Section | 5 | | 11-501 of this Code, relating to the offense of aggravated | 6 | | driving under the influence of alcohol, other drug or drugs, or | 7 | | intoxicating compound or compounds, or any combination thereof | 8 | | when the violation was a proximate cause of a death, or a | 9 | | similar provision of a law of another state, is guilty of a | 10 | | Class 4 felony. The person shall be required to undergo a | 11 | | professional evaluation, as provided in Section 11-501 of this | 12 | | Code, to determine if an alcohol, drug, or intoxicating | 13 | | compound problem exists and the extent of the problem, and to | 14 | | undergo the imposition of treatment as appropriate.
| 15 | | (a-7) Any person who violates this Section as provided in | 16 | | subsection (a) while his or her driver's license or privilege | 17 | | to drive is suspended under Section 6-306.5 or 7-702 of this | 18 | | Code shall receive a Uniform Traffic Citation from the law | 19 | | enforcement officer. A person who receives 3 or more Uniform | 20 | | Traffic Citations under this subsection (a-7) without paying | 21 | | any fees associated with the citations shall be guilty of a | 22 | | Class A misdemeanor. | 23 | | (a-10) A person's driver's license, permit, or privilege to | 24 | | obtain a driver's license or permit may be subject to multiple | 25 | | revocations, multiple suspensions, or any combination of both | 26 | | simultaneously. No revocation or suspension shall serve to |
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| 1 | | negate, invalidate, cancel, postpone, or in any way lessen the | 2 | | effect of any other revocation or suspension entered prior or | 3 | | subsequent to any other revocation or suspension. | 4 | | (b) (Blank). | 5 | | (b-1) Except for a person under subsection (a-7) of this | 6 | | Section, upon receiving a report of the conviction of any | 7 | | violation indicating a person was operating a motor vehicle | 8 | | during the time when the person's driver's license, permit , or | 9 | | privilege was suspended by the Secretary of State or the | 10 | | driver's licensing administrator of another state, except as | 11 | | specifically allowed by a probationary license, judicial | 12 | | driving permit, restricted driving permit , or monitoring | 13 | | device driving permit , the Secretary shall extend the | 14 | | suspension for the same period of time as the originally | 15 | | imposed suspension unless the suspension has already expired, | 16 | | in which case the Secretary shall be authorized to suspend the | 17 | | person's driving privileges for the same period of time as the | 18 | | originally imposed suspension. | 19 | | (b-2) Except as provided in subsection (b-6) or (a-7), upon | 20 | | receiving a report of the conviction of any violation | 21 | | indicating a person was operating a motor vehicle when the | 22 | | person's driver's license, permit , or privilege was revoked by | 23 | | the Secretary of State or the driver's license administrator of | 24 | | any other state, except as specifically allowed by a restricted | 25 | | driving permit issued pursuant to this Code or the law of | 26 | | another state, the Secretary shall not issue a driver's license |
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| 1 | | for an additional period of one year from the date of such | 2 | | conviction indicating such person was operating a vehicle | 3 | | during such period of revocation. | 4 | | (b-3) (Blank).
| 5 | | (b-4) When the Secretary of State receives a report of a | 6 | | conviction of any violation indicating a person was operating a | 7 | | motor vehicle that was not equipped with an ignition interlock | 8 | | device during a time when the person was prohibited from | 9 | | operating a motor vehicle not equipped with such a device, the | 10 | | Secretary shall not issue a driver's license to that person for | 11 | | an additional period of one year from the date of the | 12 | | conviction.
| 13 | | (b-5) Any person convicted of violating this Section shall | 14 | | serve a minimum
term of imprisonment of 30 consecutive days or | 15 | | 300
hours of community service
when the person's driving | 16 | | privilege was revoked or suspended as a result of a violation | 17 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 18 | | Code of 2012,
relating to the offense of reckless homicide, or | 19 | | a violation of subparagraph (F) of paragraph (1) of subsection | 20 | | (d) of Section 11-501 of this Code, relating to the offense of | 21 | | aggravated driving under the influence of alcohol, other drug | 22 | | or drugs, or intoxicating compound or compounds, or any | 23 | | combination thereof when the violation was a proximate cause of | 24 | | a death, or a similar provision of a law of another state.
The | 25 | | court may give credit toward the fulfillment of community | 26 | | service hours for participation in activities and treatment as |
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| 1 | | determined by court services. | 2 | | (b-6) Upon receiving a report of a first conviction of | 3 | | operating a motor vehicle while the person's driver's license, | 4 | | permit , or privilege was revoked where the revocation was for a | 5 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 6 | | Criminal Code of 2012 relating to the offense of reckless | 7 | | homicide, or a violation of subparagraph (F) of paragraph (1) | 8 | | of subsection (d) of Section 11-501 of this Code, relating to | 9 | | the offense of aggravated driving under the influence of | 10 | | alcohol, other drug or drugs, or intoxicating compound or | 11 | | compounds, or any combination thereof when the violation was a | 12 | | proximate cause of a death, or a similar out-of-state offense, | 13 | | the Secretary shall not issue a driver's license for an | 14 | | additional period of 3 three years from the date of such | 15 | | conviction. | 16 | | (c) Except as provided in subsections (c-3) and (c-4), any | 17 | | person convicted of violating this Section shall serve a | 18 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 19 | | of community service
when the person's driving privilege was | 20 | | revoked 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 |
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| 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 | 7 | | not 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 | 10 | | shall be ordered by the court to serve a
minimum
of 100 hours | 11 | | of community service. The court may give credit toward the | 12 | | fulfillment of community service hours for participation in | 13 | | activities and treatment as determined by court services.
| 14 | | (c-2) In addition to other penalties imposed under this | 15 | | Section, the
court may impose on any person convicted a fourth | 16 | | time 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 | 22 | | during a period of summary suspension imposed pursuant to | 23 | | Section 11-501.1 when the person was eligible for a monitoring | 24 | | device driving permit MDDP shall be guilty of a Class 4 felony | 25 | | and shall serve a minimum term of imprisonment of 30 days. | 26 | | (c-4) Any person who has been issued a monitoring device |
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| 1 | | driving permit MDDP or a restricted driving permit which | 2 | | requires the person to operate only motor vehicles equipped | 3 | | with an ignition interlock device and who is convicted of a | 4 | | violation of this Section as a result of operating or being in | 5 | | actual physical control of a motor vehicle not equipped with an | 6 | | ignition interlock device at the time of the offense shall be | 7 | | guilty of a Class 4 felony and shall serve a minimum term of | 8 | | imprisonment of 30 days.
| 9 | | (c-5) Any person convicted of a second violation of this
| 10 | | Section is guilty of a Class 2 felony, is not eligible for | 11 | | probation or conditional discharge, and shall serve a mandatory | 12 | | term 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 |
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| 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
| 15 | | Section shall be guilty of a Class 4 felony and shall serve a | 16 | | minimum term of
imprisonment of 30 days or 300 hours of | 17 | | community 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 |
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| 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 | 14 | | community service hours for participation in activities and | 15 | | treatment 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 | 18 | | subsequent violation of this Section shall serve a minimum term | 19 | | of
imprisonment of 30 days or 300 hours of community service, | 20 | | as determined by the
court. The court may give credit toward | 21 | | the fulfillment of community service hours for participation in | 22 | | activities and treatment as determined by court services.
| 23 | | (d-2) Any person convicted of a third violation of this
| 24 | | Section is guilty of a Class 4 felony and must serve a minimum | 25 | | term of
imprisonment of 30 days, if: | 26 | | (1) the current violation occurred when the person's |
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| 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
| 22 | | Section is guilty of a Class 1 felony, is not eligible for | 23 | | probation or conditional discharge, and must serve a mandatory | 24 | | term of
imprisonment, if: | 25 | | (1) the current violation occurred while the person's | 26 | | driver's license was suspended or revoked for a violation |
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| 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. |
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| 1 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 2 | | seventh, eighth, or ninth violation of this
Section is guilty | 3 | | of a Class 4 felony and must serve a minimum term of
| 4 | | imprisonment 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 |
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| 1 | | violation of this
Section is guilty of a Class 1 felony, is not | 2 | | eligible for probation or conditional discharge, and must serve | 3 | | a mandatory term of
imprisonment, and is eligible for an | 4 | | extended 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 |
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| 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, | 7 | | thirteenth, or fourteenth violation of this Section is guilty | 8 | | of a Class 3 felony, and is not eligible for probation or | 9 | | conditional 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 |
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| 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 | 6 | | violation of this Section is guilty of a Class 2 felony, and is | 7 | | not 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 |
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| 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 | 4 | | violation of
Section 7-601 of this Code relating to mandatory | 5 | | insurance requirements, in
addition to other penalties imposed | 6 | | under this Section, shall have his or her
motor vehicle | 7 | | immediately impounded by the arresting law enforcement | 8 | | officer.
The motor vehicle may be released to any licensed | 9 | | driver upon a showing of
proof of insurance for the vehicle | 10 | | that was impounded and the notarized written
consent for the | 11 | | release by the vehicle owner.
| 12 | | (f) For any prosecution under this Section, a certified | 13 | | copy of the
driving abstract of the defendant shall be admitted | 14 | | as proof of any prior
conviction.
| 15 | | (g) The motor vehicle used in a violation of this Section | 16 | | is subject
to seizure and forfeiture as provided in Sections | 17 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | 18 | | driving 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 |
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| 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; | 12 | | 100-575, eff. 1-8-18; 100-1004, eff. 1-1-19; revised | 13 | | 10-22-18.)
| 14 | | Section 15. The Clerks of Courts Act is amended by changing | 15 | | Section 27.1b as follows: | 16 | | (705 ILCS 105/27.1b) | 17 | | (This Section may contain text from a Public Act with a | 18 | | delayed effective date ) | 19 | | (Section scheduled to be repealed on January 1, 2021) | 20 | | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | 21 | | other provision of law, all fees charged by the clerks of the | 22 | | circuit court for the services described in this Section shall | 23 | | be established, collected, and disbursed in accordance with | 24 | | this Section. Except as otherwise specified in this Section, |
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| 1 | | all fees under this Section shall be paid in advance and | 2 | | disbursed by each clerk on a monthly basis. In a county with a | 3 | | population of over 3,000,000, units of local government and | 4 | | school districts shall not be required to pay fees under this | 5 | | Section in advance and the clerk shall instead send an itemized | 6 | | bill to the unit of local government or school district, within | 7 | | 30 days of the fee being incurred, and the unit of local | 8 | | government or school district shall be allowed at least 30 days | 9 | | from the date of the itemized bill to pay; these payments shall | 10 | | be disbursed by each clerk on a monthly basis. Unless otherwise | 11 | | specified in this Section, the amount of a fee shall be | 12 | | determined by ordinance or resolution of the county board and | 13 | | remitted to the county treasurer to be used for purposes | 14 | | related to the operation of the court system in the county. In | 15 | | a county with population of over 3,000,000, any amount retained | 16 | | by the clerk of the circuit court or remitted to the county | 17 | | treasurer shall be subject to appropriation by the county | 18 | | board. | 19 | | (a) Civil cases. The fee for filing a complaint, petition, | 20 | | or other pleading initiating a civil action shall be as set | 21 | | forth in the applicable schedule under this subsection in | 22 | | accordance with case categories established by the Supreme | 23 | | Court 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 |
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| 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 |
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| 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 |
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| 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. |
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| 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 | 17 | | action, including a cannabis civil law action under the | 18 | | Cannabis Control Act, shall be as set forth in the applicable | 19 | | schedule under this subsection in accordance with case | 20 | | categories 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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| 1 | | County civil cases, there is an additional fee of up to $30 as | 2 | | set by the county board under Section 5-1101.3 of the Counties | 3 | | Code to be paid by each party at the time of filing the first | 4 | | pleading, paper, or other appearance; provided that no | 5 | | additional fee shall be required if more than one party is | 6 | | represented in a single pleading, paper, or other appearance. | 7 | | Distribution of fees collected under this subsection (b-5) | 8 | | shall be as provided in Section 5-1101.3 of the Counties Code. | 9 | | (c) Counterclaim or third party complaint. When any | 10 | | defendant files a counterclaim or third party complaint, as | 11 | | part of the defendant's answer or otherwise, the defendant | 12 | | shall pay a filing fee for each counterclaim or third party | 13 | | complaint in an amount equal to the filing fee the defendant | 14 | | would have had to pay had the defendant brought a separate | 15 | | action for the relief sought in the counterclaim or third party | 16 | | complaint, less the amount of the appearance fee, if any, that | 17 | | the defendant has already paid in the action in which the | 18 | | counterclaim or third party complaint is filed. | 19 | | (d) Alias summons. The clerk shall collect a fee not to | 20 | | exceed $6 in a county with a population of 3,000,000 or more | 21 | | and not to exceed $5 in any other county for each alias summons | 22 | | or citation issued by the clerk, except as applied to units of | 23 | | local government and school districts in counties with more | 24 | | than 3,000,000 inhabitants an amount not to exceed $5 for each | 25 | | alias summons or citation issued by the clerk. | 26 | | (e) Jury services. The clerk shall collect, in addition to |
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| 1 | | other fees allowed by law, a sum not to exceed $212.50, as a | 2 | | fee for the services of a jury in every civil action not | 3 | | quasi-criminal in its nature and not a proceeding for the | 4 | | exercise of the right of eminent domain and in every other | 5 | | action wherein the right of trial by jury is or may be given by | 6 | | law. The jury fee shall be paid by the party demanding a jury | 7 | | at the time of filing the jury demand. If the fee is not paid by | 8 | | either party, no jury shall be called in the action or | 9 | | proceeding, and the action or proceeding shall be tried by the | 10 | | court 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 | 18 | | record on appeal shall be based on the number of pages, as | 19 | | follows: | 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 | 4 | | from the Supreme Court or the appellate court for a new trial, | 5 | | the clerk shall reinstate the case with either its original | 6 | | number or a new number. The clerk shall not charge any new or | 7 | | additional fee for the reinstatement. Upon reinstatement, the | 8 | | clerk shall advise the parties of the reinstatement. Parties | 9 | | shall have the same right to a jury trial on remand and | 10 | | reinstatement that they had before the appeal, and no | 11 | | additional or new fee or charge shall be made for a jury trial | 12 | | after remand. | 13 | | (j) Garnishment, wage deduction, and citation. In | 14 | | garnishment affidavit, wage deduction affidavit, and citation | 15 | | petition 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 | 11 | | subject to the exception in item (ii) of subparagraph (A-5) of | 12 | | paragraph (1) of subsection (z) of this Section, the circuit | 13 | | court shall order and the clerk shall collect from each | 14 | | judgment 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 |
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| 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 | 4 | | not exceed $10 plus the cost of postage. | 5 | | (m) Certified copies. The fee for each certified copy of a | 6 | | judgment, 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 | 17 | | division or municipal district, the clerk may collect a search | 18 | | fee not to exceed $6 for each year searched. | 19 | | (p) Hard copy. For each page of hard copy print output, | 20 | | when case records are maintained on an automated medium, the | 21 | | clerk may collect a fee not to exceed $10 in a county with a | 22 | | population of 3,000,000 or more and not to exceed $6 in any | 23 | | other county, except as applied to units of local government | 24 | | and school districts in counties with more than 3,000,000 | 25 | | inhabitants an amount not to exceed $6. | 26 | | (q) Index inquiry and other records. No fee shall be |
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| 1 | | charged for a single plaintiff and defendant index inquiry or | 2 | | single case record inquiry when this request is made in person | 3 | | and the records are maintained in a current automated medium, | 4 | | and when no hard copy print output is requested. The fees to be | 5 | | charged for management records, multiple case records, and | 6 | | multiple journal records may be specified by the Chief Judge | 7 | | pursuant to the guidelines for access and dissemination of | 8 | | information approved by the Supreme Court. | 9 | | (r) Performing a marriage. There shall be a $10 fee for | 10 | | performing a marriage in court. | 11 | | (s) Voluntary assignment. For filing each deed of voluntary | 12 | | assignment, the clerk shall collect a fee not to exceed $20. | 13 | | For recording a deed of voluntary assignment, the clerk shall | 14 | | collect a fee not to exceed 50 cents for each 100 words. | 15 | | Exceptions filed to claims presented to an assignee of a debtor | 16 | | who has made a voluntary assignment for the benefit of | 17 | | creditors shall be considered and treated, for the purpose of | 18 | | taxing costs therein, as actions in which the party or parties | 19 | | filing the exceptions shall be considered as party or parties | 20 | | plaintiff, and the claimant or claimants as party or parties | 21 | | defendant, and those parties respectively shall pay to the | 22 | | clerk the same fees as provided by this Section to be paid in | 23 | | other actions. | 24 | | (t) Expungement petition. The clerk may collect a fee not | 25 | | to exceed $60 for each expungement petition filed and an | 26 | | additional fee not to exceed $4 for each certified copy of an |
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| 1 | | order to expunge arrest records. | 2 | | (u) Transcripts of judgment. For the filing of a transcript | 3 | | of judgment, the clerk may collect the same fee as if it were | 4 | | the 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 |
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| 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, |
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| 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 | 4 | | number, case title, or attorney computer identification | 5 | | number, if required by rule of court, on any document filed in | 6 | | the clerk's office, to be charged against the party that filed | 7 | | the 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 | 17 | | be set by rule or administrative order of the circuit court | 18 | | with the approval of the Administrative Office of the Illinois | 19 | | Courts. The clerk of the circuit court may provide services in | 20 | | connection with the operation of the clerk's office, other than | 21 | | those services mentioned in this Section, as may be requested | 22 | | by the public and agreed to by the clerk and approved by the | 23 | | Chief Judge. Any charges for additional services shall be as | 24 | | agreed to between the clerk and the party making the request | 25 | | and approved by the Chief Judge. Nothing in this subsection | 26 | | shall be construed to require any clerk to provide any service |
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| 1 | | not otherwise required by law. | 2 | | (y-5) Unpaid fees. Unless a court ordered payment schedule | 3 | | is implemented or the fee
requirements of this Section are | 4 | | waived under a court order, the clerk of
the circuit court may | 5 | | add to any unpaid fees and costs under this Section a | 6 | | delinquency
amount equal to 5% of the unpaid fees that remain | 7 | | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid | 8 | | after 60 days, and 15% of the unpaid fees
that remain unpaid | 9 | | after 90 days. Notice to those parties may be made by
signage | 10 | | posting or publication. The additional delinquency amounts | 11 | | collected under this Section shall
be deposited into the | 12 | | Circuit Court Clerk Operations and Administration Fund and used | 13 | | to defray additional administrative costs incurred by the clerk | 14 | | of 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 |
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| 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, |
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| 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; | 15 | | 100-1161, eff. 7-1-19.) | 16 | | Section 20. The Illinois Marriage and Dissolution of | 17 | | Marriage Act is amended by changing Sections 505 and 607.5 as | 18 | | follows:
| 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 | 22 | | separation,
declaration of invalidity of marriage, or | 23 | | dissolution of a civil union, a proceeding for child support
| 24 | | following a legal separation or dissolution of the marriage or |
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| 1 | | civil union by a court that lacked personal
jurisdiction over | 2 | | the absent spouse, a proceeding for modification of a
previous | 3 | | order for child support under Section 510 of this Act, or any
| 4 | | proceeding authorized under Section 501 or 601 of this Act, the | 5 | | court may
order either or both parents owing a duty of support | 6 | | to a child of the
marriage or civil union to pay an amount | 7 | | reasonable and necessary for support. The duty of support owed | 8 | | to a child
includes the obligation to provide for the | 9 | | reasonable and necessary physical, mental and emotional health | 10 | | needs of the child.
For purposes of this Section, the term | 11 | | "child" shall include any child under
age 18 and
any child age | 12 | | 19 or younger who is still attending high school. For purposes | 13 | | of this Section, the term "obligor" means the parent obligated | 14 | | to 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; |
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| 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 |
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| 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 |
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| 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 |
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| 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 | 21 | | based on the obligor's
failure
to make support payments as | 22 | | required by the order, notice of proceedings to
hold the | 23 | | obligor in contempt for that failure may be served on the | 24 | | obligor
by personal service or by regular mail addressed to the | 25 | | last known address of the obligor. The last known address of | 26 | | the obligor may be determined from
records of the clerk of the |
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| 1 | | court, from the Federal Case Registry of Child
Support Orders, | 2 | | or by any other reasonable means.
| 3 | | (b) Failure of either parent to comply with an order to pay | 4 | | support shall
be punishable as in other cases of contempt. In | 5 | | addition to other
penalties provided by law the court may, | 6 | | after finding the parent guilty
of contempt, order that the | 7 | | parent 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 | 18 | | of a parent
during a sentence of periodic imprisonment paid to | 19 | | the Clerk of the Circuit
Court or to the parent having physical | 20 | | possession of the child or to the non-parent custodian having | 21 | | custody
of the child of the sentenced parent for the support of | 22 | | the child until further order of the court.
| 23 | | If a parent who is found guilty of contempt for failure to | 24 | | comply with an order to pay support is a person who conducts a | 25 | | business or who is self-employed, the court in addition to | 26 | | other penalties provided by law may order that the parent do |
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| 1 | | one or more of the following: (i) provide to the court monthly | 2 | | financial statements showing income and expenses from the | 3 | | business or the self-employment; (ii) seek employment and | 4 | | report periodically to the court with a diary, listing, or | 5 | | other memorandum of his or her employment search efforts; or | 6 | | (iii) report to the Department of Employment Security for job | 7 | | search services to find employment that will be subject to | 8 | | withholding for child support. | 9 | | If there is a unity of interest and ownership sufficient to | 10 | | render no
financial separation between an obligor and another | 11 | | person or
persons or business entity, the court may pierce the | 12 | | ownership veil of the
person, persons, or business entity to | 13 | | discover assets of the obligor held in the name of that person, | 14 | | those persons, or that business entity.
The following | 15 | | circumstances are sufficient to authorize a court to order
| 16 | | discovery of the assets of a person, persons, or business | 17 | | entity and to compel
the application of any discovered assets | 18 | | toward 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 | 2 | | entered under this paragraph shall affect the
rights of bona | 3 | | fide purchasers, mortgagees, judgment creditors, or other lien
| 4 | | holders who acquire their interests in the property prior to | 5 | | the time a notice
of lis pendens pursuant to the Code of Civil | 6 | | Procedure or a copy of the order
is placed of record in the | 7 | | office of the recorder of deeds for the county in
which the | 8 | | real property is located.
| 9 | | The court may also order in cases where the parent is 90 | 10 | | days or more
delinquent in payment of support or has been | 11 | | adjudicated in arrears in an
amount equal to 90 days obligation | 12 | | or more, that the parent's Illinois driving
privileges be | 13 | | suspended until the court
determines that the parent is in | 14 | | compliance with the order of support.
The court may also order | 15 | | that the parent be issued a family financial
responsibility | 16 | | driving permit that would allow limited driving privileges for
| 17 | | employment and medical purposes in accordance with Section | 18 | | 7-702.1 of the
Illinois Vehicle Code. The Clerk of the Circuit | 19 | | Court shall certify the order
suspending the driving privileges | 20 | | of the parent or granting the issuance of a
family financial | 21 | | responsibility driving permit to the Secretary of State on
| 22 | | forms prescribed by the Secretary of State. Upon receipt of the | 23 | | authenticated
documents, the Secretary of State shall suspend | 24 | | the parent's driving privileges
until further order of the | 25 | | court and shall, if ordered by the court, subject to
the | 26 | | provisions of Section 7-702.1 of the Illinois Vehicle Code, |
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| 1 | | issue a family
financial responsibility driving permit to the | 2 | | parent.
| 3 | | In addition to the penalties or punishment that may be | 4 | | imposed under this
Section, any person whose conduct | 5 | | constitutes a violation of Section 15 of the
Non-Support | 6 | | Punishment Act may be prosecuted under that Act, and a person
| 7 | | convicted under that Act may be sentenced in accordance with | 8 | | that Act. The
sentence may include but need not be limited to a | 9 | | requirement that the person
perform community service under | 10 | | Section 50 of that Act or participate in a work
alternative | 11 | | program under Section 50 of that Act. A person may not be | 12 | | required
to participate in a work alternative program under | 13 | | Section 50 of that Act if
the person is currently participating | 14 | | in a work program pursuant to Section
505.1 of this Act.
| 15 | | A support obligation, or any portion of a support | 16 | | obligation, which becomes
due and remains unpaid as of the end | 17 | | of each month, excluding the child support that was due for | 18 | | that month to the extent that it was not paid in that month, | 19 | | shall accrue simple interest as set forth in Section 12-109 of | 20 | | the Code of Civil Procedure.
An order for support entered or | 21 | | modified on or after January 1, 2006 shall
contain a statement | 22 | | that a support obligation required under the order, or any
| 23 | | portion of a support obligation required under the order, that | 24 | | becomes due and
remains unpaid as of the end of each month, | 25 | | excluding the child support that was due for that month to the | 26 | | extent that it was not paid in that month, shall accrue simple |
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| 1 | | interest as set forth in Section 12-109 of the Code of Civil | 2 | | Procedure. Failure to include the statement in the order for | 3 | | support does
not affect the validity of the order or the | 4 | | accrual of interest as provided in
this Section.
| 5 | | (c) A one-time charge of 20% is imposable upon the amount | 6 | | of
past-due child support owed on July 1, 1988 which has | 7 | | accrued under a
support order entered by the court. The charge | 8 | | shall be imposed in
accordance with the provisions of Section | 9 | | 10-21 of the Illinois Public Aid
Code and shall be enforced by | 10 | | the court upon petition.
| 11 | | (d) Any new or existing support order entered by the court
| 12 | | under this Section shall be deemed to be a series of judgments | 13 | | against the
person obligated to pay support thereunder, each | 14 | | such judgment to be in the
amount of each payment or | 15 | | installment of support and each such judgment to
be deemed | 16 | | entered as of the date the corresponding payment or installment
| 17 | | becomes due under the terms of the support order. Each such | 18 | | judgment shall
have the full force, effect and attributes of | 19 | | any other judgment of this
State, including the ability to be | 20 | | enforced.
Notwithstanding any other State or local law to the | 21 | | contrary, a lien arises by operation of law against the real | 22 | | and personal property of
the obligor for each installment of | 23 | | overdue support owed by the obligor.
| 24 | | (e) When child support is to be paid through the Clerk of | 25 | | the Court in a
county of 500,000 inhabitants or less, the order | 26 | | shall direct the obligor to pay to the Clerk, in addition to |
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| 1 | | the child support payments, all fees
imposed by the county | 2 | | board under paragraph (4) of subsection (bb) of
Section 27.1a | 3 | | of the Clerks of Courts Act. When child support is to be paid | 4 | | through the clerk of the court in a
county of more than 500,000 | 5 | | but less than 3,000,000 inhabitants, the order shall direct the | 6 | | obligor
to pay to the clerk, in addition to the child support | 7 | | payments, all fees
imposed by the county board under paragraph | 8 | | (4) of subsection (bb) of
Section 27.2 of the Clerks of Courts | 9 | | Act. Unless paid pursuant to
an Income Withholding Order/Notice | 10 | | for Support, the payment of the fee shall be by payment | 11 | | acceptable to the clerk and shall be made to the order of the
| 12 | | Clerk.
| 13 | | (f) All orders for support, when entered or
modified, shall | 14 | | include a provision requiring the obligor to notify
the court | 15 | | and, in cases in which a party is receiving child and spouse
| 16 | | services under Article X of the Illinois Public Aid Code, the
| 17 | | Department 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 | 20 | | coverage through the employer or other group coverage and,
if | 21 | | so, the policy name and number and the names of persons covered | 22 | | under
the policy, except only the initials of any covered | 23 | | minors shall be included, and (iii) of any new residential or | 24 | | mailing address or telephone
number of the obligor. In any | 25 | | subsequent action to enforce a
support order, upon a sufficient | 26 | | showing that a diligent effort has been made
to ascertain the |
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| 1 | | location of the obligor, service of process or
provision of | 2 | | notice necessary in the case may be made at the last known
| 3 | | address of the obligor in any manner expressly provided by the
| 4 | | Code of Civil Procedure or this Act, which service shall be | 5 | | sufficient for
purposes of due process.
| 6 | | (g) An order for support shall include a date on which the | 7 | | current
support obligation terminates. The termination date | 8 | | shall be no earlier than
the date on which the child covered by | 9 | | the order will attain the age of
18. However, if the child will | 10 | | not graduate from high school until after
attaining the age of | 11 | | 18, then the termination date shall be no earlier than the
| 12 | | earlier of the date on which the child's high school graduation | 13 | | will occur or
the date on which the child will attain the age | 14 | | of 19. The order for support
shall state that the termination | 15 | | date does not apply to any arrearage that may
remain unpaid on | 16 | | that date. Nothing in this subsection shall be construed to
| 17 | | prevent the court from modifying the order or terminating the | 18 | | order in the
event the child is otherwise emancipated.
| 19 | | (g-5) If there is an unpaid arrearage or delinquency (as | 20 | | those terms are defined in the Income Withholding for Support | 21 | | Act) equal to at least one month's support obligation on the | 22 | | termination date stated in the order for support or, if there | 23 | | is no termination date stated in the order, on the date the | 24 | | child attains the age of majority or is otherwise emancipated, | 25 | | the periodic amount required to be paid for current support of | 26 | | that child immediately prior to that date shall automatically |
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| 1 | | continue to be an obligation, not as current support but as | 2 | | periodic payment toward satisfaction of the unpaid arrearage or | 3 | | delinquency. That periodic payment shall be in addition to any | 4 | | periodic payment previously required for satisfaction of the | 5 | | arrearage or delinquency. The total periodic amount to be paid | 6 | | toward satisfaction of the arrearage or delinquency may be | 7 | | enforced and collected by any method provided by law for | 8 | | enforcement and collection of child support, including but not | 9 | | limited to income withholding under the Income Withholding for | 10 | | Support Act. Each order for support entered or modified on or | 11 | | after January 1, 2005 (the effective date of Public Act | 12 | | 93-1061) must contain a statement notifying the parties of the | 13 | | requirements of this subsection. Failure to include the | 14 | | statement in the order for support does not affect the validity | 15 | | of the order or the operation of the provisions of this | 16 | | subsection with regard to the order. This subsection shall not | 17 | | be construed to prevent or affect the establishment or | 18 | | modification of an order for support of a minor child or the | 19 | | establishment or modification of an order for support of a | 20 | | non-minor child or educational expenses under Section 513 of | 21 | | this Act.
| 22 | | (h) An order entered under this Section shall include a | 23 | | provision requiring
either parent to report to the other parent | 24 | | and to the Clerk of Court within 10 days each time either | 25 | | parent obtains new employment, and each time either parent's
| 26 | | employment is terminated for any reason. The report shall be in |
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| 1 | | writing and
shall, in the case of new employment, include the | 2 | | name and address of the new
employer. Failure to report new | 3 | | employment or the termination of current
employment, if coupled | 4 | | with nonpayment of support for a period in excess of 60
days, | 5 | | is indirect criminal contempt. For either parent arrested for | 6 | | failure to report new employment bond shall be set in the | 7 | | amount of the child support that should have been paid during | 8 | | the period of unreported employment. An order entered under | 9 | | this Section shall also include a provision requiring either | 10 | | obligor
and obligee to advise the other of a change in | 11 | | residence within 5 days
of the change except when the court | 12 | | finds that the physical, mental, or
emotional health of a party | 13 | | or that of a child, or both, would be
seriously endangered by | 14 | | disclosure of the party's address.
| 15 | | (i) The court does not lose the powers of contempt, | 16 | | driver's license
suspension, or other child support | 17 | | enforcement mechanisms, including, but
not limited to, | 18 | | criminal prosecution as set forth in this Act, upon the
| 19 | | emancipation of the minor child.
| 20 | | (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764, | 21 | | eff. 7-1-17; 100-15, eff. 7-1-17; 100-863, eff. 8-14-18; | 22 | | 100-923, 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 |
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| 1 | | enforcement of allocated parenting time. | 2 | | (b) An action for the enforcement of allocated parenting | 3 | | time may be commenced by a parent or a person appointed under | 4 | | Section 506 by filing a petition setting forth: (i) the | 5 | | petitioner's name and residence address or mailing address, | 6 | | except that if the petition states that disclosure of | 7 | | petitioner's address would risk abuse of petitioner or any | 8 | | member of petitioner's family or household or reveal the | 9 | | confidential address of a shelter for domestic violence | 10 | | victims, that address may be omitted from the petition; (ii) | 11 | | the respondent's name and place of residence, place of | 12 | | employment, or mailing address; (iii) the terms of the | 13 | | parenting plan or allocation judgment then in effect; (iv) the | 14 | | nature of the violation of the allocation of parenting time, | 15 | | giving dates and other relevant information; and (v) that a | 16 | | reasonable attempt was made to resolve the dispute. | 17 | | (c) If the court finds by a preponderance of the evidence | 18 | | that a parent has not complied with allocated parenting time | 19 | | according to an approved parenting plan or a court order, the | 20 | | court, in the child's best interests, shall issue an order that | 21 | | may 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 | 16 | | parent who has failed to provide allocated parenting time or to | 17 | | exercise allocated parenting time to pay the aggrieved party | 18 | | his or her reasonable attorney's fees, court costs, and | 19 | | expenses associated with an action brought under this Section. | 20 | | If the court finds that the respondent in an action brought | 21 | | under this Section has not violated the allocated parenting | 22 | | time, the court may order the petitioner to pay the | 23 | | respondent's reasonable attorney's fees, court costs, and | 24 | | expenses incurred in the action. | 25 | | (e) Nothing in this Section precludes a party from | 26 | | maintaining any other action as provided by law. |
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| 1 | | (f) When the court issues an order holding a party in | 2 | | contempt for violation of a parenting time order and finds that | 3 | | the party engaged in parenting time abuse, the court may order | 4 | | one 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 | 4 | | contempt of court for violation of a parenting order, the clerk | 5 | | shall transmit a copy of the contempt order to the sheriff of | 6 | | the county. The sheriff shall furnish a copy of each contempt | 7 | | order to the Department of State Police on a daily basis in the | 8 | | form and manner required by the Department. The Department | 9 | | shall maintain a complete record and index of the contempt | 10 | | orders and make this data available to all local law | 11 | | enforcement agencies. | 12 | | (h) Nothing contained in this Section shall be construed to | 13 | | limit 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 | 16 | | changing 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 | 20 | | offender under
this Act, the court may order the offender to | 21 | | perform community service for
not less than 30 and not more | 22 | | than 120 hours per month, if community service is
available in | 23 | | the jurisdiction and is funded and approved by the county board
| 24 | | of the county where the offense was committed. In addition, |
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| 1 | | whenever any
person is placed on supervision for committing an | 2 | | offense under this Act, the
supervision shall be conditioned on | 3 | | the performance of the community service.
| 4 | | (b) In addition to any other penalties imposed against an | 5 | | offender under
this Act, the court may sentence the offender to | 6 | | service in a work alternative
program administered by the | 7 | | sheriff. The conditions of the program are that
the offender | 8 | | obtain or retain employment and participate in a work | 9 | | alternative
program administered by the sheriff during | 10 | | non-working hours. A person may not
be required to participate | 11 | | in a work alternative program under this subsection
if the | 12 | | person is currently participating in a work program pursuant to | 13 | | another
provision of this Act, Section 10-11.1 of the Illinois | 14 | | Public Aid Code, Section
505.1 of the Illinois Marriage and | 15 | | Dissolution of Marriage Act, or Section
806 of the Illinois | 16 | | Parentage Act of 2015.
| 17 | | (c) In addition to any other penalties imposed against an | 18 | | offender under
this Act, the court may order, in cases where | 19 | | the offender has been in
violation of this Act for 90 days or | 20 | | more, that the offender's Illinois
driving privileges be | 21 | | suspended until the court determines that the offender
is in | 22 | | compliance with this Act.
| 23 | | The court may determine that the offender is in compliance | 24 | | with this Act
if the offender has agreed (i) to pay all | 25 | | required amounts of support and
maintenance as determined by | 26 | | the court or (ii) to the garnishment of his or
her income for |
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| 1 | | the purpose of paying those
amounts.
| 2 | | The court may also order that the offender be issued a | 3 | | family
financial responsibility driving permit that would | 4 | | allow limited
driving privileges for employment and medical | 5 | | purposes in
accordance with Section 7-702.1 of the Illinois | 6 | | Vehicle Code.
The clerk of the circuit court shall certify the | 7 | | order suspending
the driving privileges of the offender or | 8 | | granting the issuance of a
family financial responsibility | 9 | | driving permit to the Secretary of State
on forms prescribed by | 10 | | the Secretary. Upon receipt of the authenticated
documents, the | 11 | | Secretary of State shall suspend the offender's driving
| 12 | | privileges until further order of the court and shall, if | 13 | | ordered by the
court, subject to the provisions of Section | 14 | | 7-702.1 of the Illinois Vehicle
Code, issue a family financial | 15 | | responsibility driving permit to the offender.
| 16 | | (d) If the court determines that the offender has been in | 17 | | violation of this
Act for more than 60 days, the court may | 18 | | determine whether the offender has
applied for or been issued a | 19 | | professional license by the Department of
Professional | 20 | | Regulation or another licensing agency. If the court determines
| 21 | | that the offender has applied for or been issued such a | 22 | | license, the court may
certify to the Department of | 23 | | Professional Regulation or other licensing agency
that the | 24 | | offender has been in violation of this Act for more than 60 | 25 | | days so
that the Department or other agency may take | 26 | | appropriate steps with respect
to the license or application as |
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| 1 | | provided in Section 10-65 of the Illinois
Administrative | 2 | | Procedure Act and Section 2105-15 of the Department of
| 3 | | Professional Regulation Law of the Civil Administrative Code of
| 4 | | Illinois. The court may take the actions required under this | 5 | | subsection in
addition to imposing any other penalty authorized | 6 | | under this Act.
| 7 | | (Source: P.A. 99-85, eff. 1-1-16 .)
| 8 | | Section 30. The Illinois Parentage Act of 2015 is amended | 9 | | by 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 | 13 | | declared, or if parentage or a duty of support has been | 14 | | established under this Act or under prior law or under the law | 15 | | of any other jurisdiction, the judgment rendered thereunder may | 16 | | be enforced in the same or in other proceedings by any party or | 17 | | any person or agency that has furnished or may furnish | 18 | | financial assistance or services to the child. The Income | 19 | | Withholding for Support Act and Sections 802 and 808 of this | 20 | | Act shall also be applicable with respect to the entry, | 21 | | modification, and enforcement of a support judgment entered | 22 | | under the Paternity Act, approved July 5, 1957 and repealed | 23 | | July 1, 1985.
| 24 | | (b) Failure to comply with an order of the court shall be |
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| 1 | | punishable as contempt as in other cases of failure to comply | 2 | | under the Illinois Marriage and Dissolution of Marriage Act. In | 3 | | addition to other penalties provided by law, the court may, | 4 | | after finding the party guilty of contempt, take the following | 5 | | action:
| 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 |
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| 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 | 18 | | imposed under this Section, a person whose conduct constitutes | 19 | | a violation of Section 15 of the Non-Support Punishment Act may | 20 | | be prosecuted under that Act, and a person convicted under that | 21 | | Act may be sentenced in accordance with that Act. The sentence | 22 | | may include, but need not be limited to, a requirement that the | 23 | | person perform community service under Section 50 of that Act | 24 | | or participate in a work alternative program under Section 50 | 25 | | of that Act. A person may not be required to participate in a | 26 | | work alternative program under Section 50 of the Non-Support |
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| 1 | | Punishment Act if the person is currently participating in a | 2 | | work program under Section 806 of this Act.
| 3 | | (c) In a post-judgment proceeding to enforce or modify the | 4 | | judgment, the parties shall continue to be designated as in the | 5 | | original 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 | 9 | | repealing Article VII of Chapter 7.
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