Illinois General Assembly - Full Text of HB0861
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Full Text of HB0861  102nd General Assembly


Sen. Napoleon Harris, III

Filed: 3/18/2022





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2    AMENDMENT NO. ______. Amend House Bill 861 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Domestic Violence Maintenance Task Force Act.
6    Section 5. Domestic Violence Maintenance Task Force. The
7Domestic Violence Maintenance Task Force is created. The Task
8Force shall:
9        (1) research and examine maintenance award patterns in
10    State domestic relations cases involving domestic
11    violence, including the amount of maintenance paid in such
12    cases, whether the victim or abuser is paying maintenance,
13    and the role of domestic violence in affecting the
14    economic resources available to the victim; and
15        (2) develop recommendations to improve the safety and
16    long-term economic security of victims of domestic



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1    violence, including, but not limited to, recommendations
2    on:
3            (A) whether a rebuttable presumption should exist
4        that a primary aggressor of domestic or sexual abuse
5        shall not receive maintenance or temporary
6        maintenance, including what pieces of evidence can
7        trigger this presumption and how to overcome it; and
8            (B) whether a factor should be added to subsection
9        (a) of Section 504 of the Illinois Marriage and
10        Dissolution of Marriage Act regarding whether one of
11        the parties has been convicted of domestic battery or
12        aggravated domestic battery against the other party
13        under Section 12-3.2 or 12-3.3 of the Criminal Code of
14        2012.
15    Section 10. Membership; compensation; meetings; reports.
16    (a) The Domestic Violence Maintenance Task Force shall be
17composed of the following members:
18        (1) two domestic relations judges appointed by the
19    Supreme Court;
20        (2) the Director of the Administrative Office of the
21    Illinois Courts or the Director's designee;
22        (3) the Attorney General or the Attorney General's
23    designee;
24        (4) the following public members appointed by the
25    Governor:



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1            (A) two members representing victims' rights
2        organizations;
3            (B) two victims of domestic violence;
4            (C) two members representing family law lawyers
5        who shall have experience with domestic violence cases
6        based on a recommendation from a statewide bar
7        association; and
8            (D) two members representing family law lawyers
9        who shall have experience with divorce cases who work
10        for an organization that provides free legal services
11        to low-income individuals;
12        (5) one Representative appointed by the Speaker of the
13    House of Representatives;
14        (6) one Representative appointed by the Minority
15    Leader of the House of Representatives;
16        (7) one Senator appointed by the President of the
17    Senate; and
18        (8) one Senator appointed by the Minority Leader of
19    the Senate.
20    (b) The Chair of the Task Force shall be selected by a
21majority vote of the members of the Task Force.
22    (c) Task Force members shall not be compensated for their
23service on the Task Force.
24    (d) The Task Force shall meet quarterly.
25    (e) No later than 15 months after the effective date of
26this Act, the Task Force shall issue a preliminary report on



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1the state of current practice across the State in regard to
2family law practices and maintenance and domestic and sexual
3violence. No later than 15 months after the release of the
4preliminary report, the Task Force shall issue a final report
5issuing recommendations for evidence-based improvements to
6court procedures. The Task Force shall submit the reports to
7the General Assembly and the Governor.
8    Section 15. Administrative support and duties.
9    (a) The Administrative Office of the Illinois Courts shall
10provide administrative support to the Task Force.
11    (b) The Task Force shall review available research, best
12practices, and case information to formulate recommendations.
13    (c) The Administrative Office of the Illinois Courts is
14authorized to oversee the research project.
15    (d) $250,000 shall be provided to administer the research
16project, subject to appropriation.
17    Section 25. Repeal. This Act is repealed on January 1,