[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] | [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
90_HB3415eng
625 ILCS 5/3-408 from Ch. 95 1/2, par. 3-408
625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103
Amends the Vehicle Code to provide that the Secretary of
State may not issue a driver's license or vehicle
registration to any person who is delinquent in court ordered
child support payments or has been adjudicated in arrears and
who has been found in contempt of court for failure to pay
the support.
LRB9010838DJcd
HB3415 Engrossed LRB9010838DJcd
1 AN ACT concerning governmental matters.
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 10-16 as follows:
6 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
7 Sec. 10-16. Judicial enforcement of court and
8 administrative support orders.) Court orders entered in
9 proceedings under Section 10-10 and court orders for
10 enforcement of an administrative order under Section 10-15
11 and for the payment of money may be enforced by attachment as
12 for contempt against the persons of the defendants, and in
13 addition, as other judgments for the payment of money, and
14 costs may be adjudged against the defendants and apportioned
15 among them; but if the complaint is dismissed, costs shall be
16 borne by the Illinois Department or the local governmental
17 unit, as the case may be. If a responsible relative is
18 directed by the Illinois Department, or the local
19 governmental unit, under the conditions stated in Section
20 10-8, to make support payments directly to the person, or to
21 some person or agency in his behalf, the court order entered
22 against him under this Section or Section 10-10 may be
23 enforced as herein provided if he thereafter fails to furnish
24 support in accordance with its terms. The State of Illinois
25 shall not be required to make a deposit for or pay any costs
26 or fees of any court or officer thereof in any proceeding
27 instituted under this Section.
28 The provisions of the Civil Practice Law, and all
29 amendments and modifications thereof, shall apply to and
30 govern all actions instituted under this Section and Section
31 10-10. In such actions proof that a person is an applicant
HB3415 Engrossed -2- LRB9010838DJcd
1 for or recipient of public aid under any Article of this Code
2 shall be prima facie proof that he is a person in necessitous
3 circumstances by reason of infirmity, unemployment or other
4 cause depriving him of the means of a livelihood compatible
5 with health and well-being.
6 Payments under this Section to the Illinois Department
7 pursuant to the Child Support Enforcement Program established
8 by Title IV-D of the Social Security Act shall be paid into
9 the Child Support Enforcement Trust Fund. All other payments
10 under this Section to the Illinois Department shall be
11 deposited in the Public Assistance Recoveries Trust Fund.
12 Disbursements from these funds shall be as provided in
13 Sections 12-9 and 12-10.2 of this Code. Payments received by
14 a local governmental unit shall be deposited in that unit's
15 General Assistance Fund.
16 In addition to the penalties or punishment that may be
17 imposed under this Section, any person whose conduct
18 constitutes a violation of Section 1 of the Non-Support of
19 Spouse and Children Act may be prosecuted under that Section,
20 and a person convicted under that Section may be sentenced in
21 accordance with that Section. The sentence may include but
22 need not be limited to a requirement that the person perform
23 community service under subsection (b) of that Section or
24 participate in a work alternative program under subsection
25 (c) of that Section. A person may not be required to
26 participate in a work alternative program under subsection
27 (c) of that Section if the person is currently participating
28 in a work program pursuant to Section 10-11.1 of this Code.
29 (Source: P.A. 83-1126.)
30 Section 10. The Illinois Vehicle Code is amended by
31 changing Sections 3-408 and 6-103 as follows:
32 (625 ILCS 5/3-408) (from Ch. 95 1/2, par. 3-408)
HB3415 Engrossed -3- LRB9010838DJcd
1 Sec. 3-408. Grounds for refusing registration or
2 certificate of title. The Secretary of State shall refuse
3 registration or any transfer of registration upon any of the
4 following grounds:
5 1. That the application contains any false or fraudulent
6 statement or that the applicant has failed to furnish
7 required information or reasonable additional information
8 requested by the Secretary of State or that the applicant is
9 not entitled to the issuance of a certificate of title or
10 registration of the vehicle under Chapter 3;
11 2. That the Secretary of State has reasonable ground to
12 believe that the vehicle is a stolen or embezzled vehicle or
13 that the granting of registration would constitute a fraud
14 against the rightful owner or other person having valid lien
15 upon such vehicle;
16 3. That the registration of the vehicle stands suspended
17 or revoked for any reason as provided in the motor-vehicle
18 laws of this State;
19 4. That the required fee has not been paid; or
20 5. (a) In the case of medical transport vehicles, that
21 the application does not contain a copy of a completed
22 Vehicle Inspection Report issued by the Department of
23 Transportation which certifies that the vehicle has been
24 determined to be in safe mechanical condition by a safety
25 test administered within the preceding 6 months; and (b) in
26 the case of medical transport vehicles, other than vehicles
27 owned or operated by a unit of local government, proof of
28 financial responsibility; or.
29 6. That the applicant is 90 days or more delinquent in
30 court ordered child support payments or has been adjudicated
31 in arrears in an amount equal to 90 days' obligation or more
32 and has been found in contempt of court for failure to pay
33 the support, subject to the requirements and procedures of
34 Article VII of Chapter 7 of the Illinois Vehicle Code.
HB3415 Engrossed -4- LRB9010838DJcd
1 (Source: P.A. 82-949.)
2 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
3 Sec. 6-103. What persons shall not be licensed as drivers
4 or granted permits. The Secretary of State shall not issue,
5 renew, or allow the retention of any driver's license nor
6 issue any permit under this Code:
7 1. To any person, as a driver, who is under the age
8 of 18 years except as provided in Section 6-107, and
9 except that an instruction permit may be issued under
10 paragraphs (a) and (b) of Section 6-105 to a child who is
11 not less than 15 years of age if the child is enrolled in
12 an approved driver education course as defined in Section
13 1-103 of this Code and requires an instruction permit to
14 participate therein, except that an instruction permit
15 may be issued under the provisions of Section 6-107.1 to
16 a child who is 17 years and 9 months of age without the
17 child having enrolled in an approved driver education
18 course and except that an instruction permit may be
19 issued to a child who is at least 15 years and 6 months
20 of age, is enrolled in school, meets the educational
21 requirements of the Driver Education Act, and has passed
22 examinations the Secretary of State in his or her
23 discretion may prescribe;
24 2. To any person who is under the age of 18 as an
25 operator of a motorcycle other than a motor driven cycle
26 unless the person has, in addition to meeting the
27 provisions of Section 6-107 of this Code, completed a
28 motorcycle training course approved by the Illinois
29 Department of Transportation and successfully completes
30 the required Secretary of State's motorcycle driver's
31 examination;
32 3. To any person, as a driver, whose driver's
33 license or permit has been suspended, during the
HB3415 Engrossed -5- LRB9010838DJcd
1 suspension, nor to any person whose driver's license or
2 permit has been revoked, except as provided in Sections
3 6-205, 6-206, and 6-208;
4 4. To any person, as a driver, who is a user of
5 alcohol or any other drug to a degree that renders the
6 person incapable of safely driving a motor vehicle;
7 5. To any person, as a driver, who has previously
8 been adjudged to be afflicted with or suffering from any
9 mental or physical disability or disease and who has not
10 at the time of application been restored to competency by
11 the methods provided by law;
12 6. To any person, as a driver, who is required by
13 the Secretary of State to submit an alcohol and drug
14 evaluation or take an examination provided for in this
15 Code unless the person has successfully passed the
16 examination and submitted any required evaluation;
17 7. To any person who is required under the
18 provisions of the laws of this State to deposit security
19 or proof of financial responsibility and who has not
20 deposited the security or proof;
21 8. To any person when the Secretary of State has
22 good cause to believe that the person by reason of
23 physical or mental disability would not be able to safely
24 operate a motor vehicle upon the highways, unless the
25 person shall furnish to the Secretary of State a verified
26 written statement, acceptable to the Secretary of State,
27 from a competent medical specialist to the effect that
28 the operation of a motor vehicle by the person would not
29 be inimical to the public safety;
30 9. To any person, as a driver, who is 69 years of
31 age or older, unless the person has successfully complied
32 with the provisions of Section 6-109;
33 10. To any person convicted, within 12 months of
34 application for a license, of any of the sexual offenses
HB3415 Engrossed -6- LRB9010838DJcd
1 enumerated in paragraph 2 of subsection (b) of Section
2 6-205;
3 11. To any person who is under the age of 21 years
4 with a classification prohibited in paragraph (b) of
5 Section 6-104 and to any person who is under the age of
6 18 years with a classification prohibited in paragraph
7 (c) of Section 6-104;
8 12. To any person who has been either convicted of
9 or adjudicated under the Juvenile Court Act of 1987 based
10 upon a violation of the Cannabis Control Act or the
11 Illinois Controlled Substances Act while that person was
12 in actual physical control of a motor vehicle. For
13 purposes of this Section, any person placed on probation
14 under Section 10 of the Cannabis Control Act or Section
15 410 of the Illinois Controlled Substances Act shall not
16 be considered convicted. Any person found guilty of this
17 offense, while in actual physical control of a motor
18 vehicle, shall have an entry made in the court record by
19 the judge that this offense did occur while the person
20 was in actual physical control of a motor vehicle and
21 order the clerk of the court to report the violation to
22 the Secretary of State as such. The Secretary of State
23 shall not issue a new license or permit for a period of
24 one year; or
25 13. To any person who is under the age of 18 years
26 and who has committed the offense of operating a motor
27 vehicle without a valid license or permit in violation of
28 Section 6-101; or.
29 14. To any person who is 90 days or more delinquent
30 in court ordered child support payments or has been
31 adjudicated in arrears in an amount equal to 90 days'
32 obligation or more and who has been found in contempt of
33 court for failure to pay the support, subject to the
34 requirements and procedures of Article VII of Chapter 7
HB3415 Engrossed -7- LRB9010838DJcd
1 of the Illinois Vehicle Code.
2 The Secretary of State shall retain all conviction
3 information, if the information is required to be held
4 confidential under the Juvenile Court Act of 1987.
5 (Source: P.A. 90-369, eff. 1-1-98.)
6 Section 15. The Juvenile Court Act of 1987 is amended by
7 changing Section 1-12 as follows:
8 (705 ILCS 405/1-12) (from Ch. 37, par. 801-12)
9 Sec. 1-12. Neither the State, any unit of local
10 government, probation department, public or community service
11 program or site, nor any official or employee thereof acting
12 in the course of their official duties shall be liable for
13 any injury or loss a person might receive while performing
14 public or community service as ordered by the court or by a
15 youth officer or his or her designee, including a teen court
16 or peer jury, nor shall they be liable for any tortious acts
17 of any person performing public or community service, except
18 for wilful, wanton misconduct or gross negligence on the part
19 of such governmental unit, official or employee.
20 (Source: P.A. 85-1209.)
21 Section 20. The Criminal Code of 1961 is amended by
22 changing Sections 12-1, 12-30, and 17-1 as follows:
23 (720 ILCS 5/12-1) (from Ch. 38, par. 12-1)
24 Sec. 12-1. Assault.
25 (a) A person commits an assault when, without lawful
26 authority, he engages in conduct which places another in
27 reasonable apprehension of receiving a battery.
28 (b) Sentence. Assault is a Class C misdemeanor.
29 (c) In addition to any other sentence that may be
30 imposed, a court shall order any person convicted of assault
HB3415 Engrossed -8- LRB9010838DJcd
1 to perform community service for not less than 30 and not
2 more than 120 hours, if community service is available in the
3 jurisdiction and is funded and approved by the county board
4 of the county where the offense was committed. In addition,
5 whenever any person is placed on supervision for an alleged
6 offense under this Section, the supervision shall be
7 conditioned upon the performance of the community service.
8 The court shall authorize the county to charge a person
9 convicted of or placed on supervision for assault for the
10 costs of the community service based upon the administration
11 of the program and the person's ability to pay for those
12 costs.
13 This subsection does not apply when the court imposes a
14 sentence of incarceration.
15 (Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
16 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
17 Sec. 12-30. Violation of an order of protection.
18 (a) A person commits violation of an order of protection
19 if he or she:
20 (1) Commits an act which was prohibited by a court
21 or fails to commit an act which was ordered by a court in
22 violation of a remedy in a valid order of protection
23 authorized under paragraphs (1), (2), (3), or (14) of
24 subsection (b) of Section 214 of the Illinois Domestic
25 Violence Act of 1986, or any other remedy when the act
26 constitutes a crime against the protected parties as the
27 term protected parties is defined in Section 112A-4 of
28 the Code of Criminal Procedure of 1963.
29 (2) Such violation occurs after the offender has
30 been served notice of the contents of the order, pursuant
31 to the Illinois Domestic Violence Act, or otherwise has
32 acquired actual knowledge of the contents of the order.
33 (b) For purposes of this Section, an "order of
HB3415 Engrossed -9- LRB9010838DJcd
1 protection" may have been issued by any circuit or associate
2 judge in the State of Illinois in a criminal or civil
3 proceeding.
4 (c) Nothing in this Section shall be construed to
5 diminish the inherent authority of the courts to enforce
6 their lawful orders through civil or criminal contempt
7 proceedings.
8 (d) Violation of an order of protection under subsection
9 (a) of this Section is a Class A misdemeanor. A second or
10 subsequent offense is a Class 4 felony. The court shall
11 impose a minimum penalty of 24 hours imprisonment for
12 defendant's second or subsequent violation of any order of
13 protection; unless the court explicitly finds that an
14 increased penalty or such period of imprisonment would be
15 manifestly unjust. In addition to any other penalties, the
16 court may order the defendant to pay a fine as authorized
17 under Section 5-9-1 of the Unified Code of Corrections or to
18 make restitution to the victim under Section 5-5-6 of the
19 Unified Code of Corrections. In addition to any other
20 penalties, including those imposed by Section 5-9-1.5 of the
21 Unified Code of Corrections, the court shall impose an
22 additional fine of $20 as authorized by Section 5-9-1.11 of
23 the Unified Code of Corrections upon any person convicted of
24 or placed on supervision for a violation of this Section.
25 The additional fine shall be imposed for each violation of
26 this Section. In addition to any other sentence that may be
27 imposed, a court may order any person convicted of violation
28 of an order of protection to perform community service for
29 not less than 30 and not more than 120 hours, if community
30 service is available in the jurisdiction and is funded and
31 approved by the county board of the county where the offense
32 was committed. In addition, whenever any person is placed on
33 supervision for an alleged offense under this Section, the
34 supervision shall be conditional upon the performance of the
HB3415 Engrossed -10- LRB9010838DJcd
1 community service. The court shall authorize the county to
2 charge a person convicted of violation of an order of
3 protection for the costs of the community service based upon
4 the person's ability to pay for those costs.
5 (Source: P.A. 90-241, eff. 1-1-98.)
6 (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
7 Sec. 17-1. Deceptive practices. (A) As used in this
8 Section:
9 (i) A financial institution means any bank, savings and
10 loan association, credit union, or other depository of money,
11 or medium of savings and collective investment.
12 (ii) An account holder is any person, having a checking
13 account or savings account in a financial institution.
14 (iii) To act with the "intent to defraud" means to act
15 wilfully, and with the specific intent to deceive or cheat,
16 for the purpose of causing financial loss to another, or to
17 bring some financial gain to oneself. It is not necessary to
18 establish that any person was actually defrauded or deceived.
19 (B) General Deception
20 A person commits a deceptive practice when, with intent to
21 defraud:
22 (a) He causes another, by deception or threat to execute
23 a document disposing of property or a document by which a
24 pecuniary obligation is incurred, or
25 (b) Being an officer, manager or other person
26 participating in the direction of a financial institution, he
27 knowingly receives or permits the receipt of a deposit or
28 other investment, knowing that the institution is insolvent,
29 or
30 (c) He knowingly makes or directs another to make a
31 false or deceptive statement addressed to the public for the
32 purpose of promoting the sale of property or services, or
33 (d) With intent to obtain control over property or to
HB3415 Engrossed -11- LRB9010838DJcd
1 pay for property, labor or services of another, or to pay a
2 fee to a Clerk of the Circuit Court, or in satisfaction of an
3 obligation for payment of tax under the Retailers' Occupation
4 Tax Act or any other tax due to the State of Illinois, he
5 issues or delivers a check or other order upon a real or
6 fictitious depository for the payment of money, knowing that
7 it will not be paid by the depository. Failure to have
8 sufficient funds or credit with the depository when the check
9 or other order is issued or delivered, or when such check or
10 other order is presented for payment and dishonored on each
11 of 2 occasions at least 7 days apart, is prima facie evidence
12 that the offender knows that it will not be paid by the
13 depository, and that he has the intent to defraud.
14 (e) He issues or delivers a check or other order upon a
15 real or fictitious depository in an amount exceeding $150 in
16 payment of an amount owed on any credit transaction for
17 property, labor or services, or in payment of the entire
18 amount owed on any credit transaction for property, labor or
19 services, knowing that it will not be paid by the depository,
20 and thereafter fails to provide funds or credit with the
21 depository in the face amount of the check or order within
22 seven days of receiving actual notice from the depository or
23 payee of the dishonor of the check or order.
24 Sentence.
25 A person convicted of deceptive practice under paragraphs
26 (a) through (e) of this subsection (B), except as otherwise
27 provided by this Section, is guilty of a Class A misdemeanor.
28 A person convicted of a deceptive practice in violation
29 of paragraph (d) a second or subsequent time shall be guilty
30 of a Class 4 felony.
31 A person convicted of deceptive practices in violation of
32 paragraph (d), when the value of the property so obtained, in
33 a single transaction, or in separate transactions within a 90
34 day period, exceeds $150, shall be guilty of a Class 4
HB3415 Engrossed -12- LRB9010838DJcd
1 felony. In the case of a prosecution for separate
2 transactions totaling more than $150 within a 90 day period,
3 such separate transactions shall be alleged in a single
4 charge and provided in a single prosecution.
5 (C) Deception on a Bank or Other Financial Institution
6 False Statements
7 1) Any person who, with the intent to defraud, makes or
8 causes to be made, any false statement in writing in order to
9 obtain an account with a bank or other financial institution,
10 or to obtain credit from a bank or other financial
11 institution, knowing such writing to be false, and with the
12 intent that it be relied upon, is guilty of a Class A
13 misdemeanor.
14 For purposes of this subsection (C), a false statement
15 shall mean any false statement representing identity,
16 address, or employment, or the identity, address or
17 employment of any person, firm or corporation.
18 Possession of Stolen or Fraudulently Obtained Checks
19 2) Any person who possesses, with the intent to defraud,
20 any check or order for the payment of money, upon a real or
21 fictitious account, without the consent of the account
22 holder, or the issuing financial institution, is guilty of a
23 Class A misdemeanor.
24 Any person who, within any 12 month period, violates this
25 Section with respect to 3 or more checks or orders for the
26 payment of money at the same time or consecutively, each the
27 property of a different account holder or financial
28 institution, is guilty of a Class 4 felony.
29 3) Possession of Implements of Check Fraud. Any person
30 who possesses, with the intent to defraud, and without the
31 authority of the account holder or financial institution any
32 check imprinter, signature imprinter, or "certified" stamp is
33 guilty of a Class A misdemeanor.
34 A person who within any 12 month period violates this
HB3415 Engrossed -13- LRB9010838DJcd
1 subsection (C) as to possession of 3 or more such devices at
2 the same time or consecutively, is guilty of a Class 4
3 felony.
4 Possession of Identification Card
5 4) Any person, who with the intent to defraud, possesses
6 any check guarantee card or key card or identification card
7 for cash dispensing machines without the authority of the
8 account holder or financial institution, is guilty of a Class
9 A misdemeanor.
10 A person who, within any 12 month period, violates this
11 Section at the same time or consecutively with respect to 3
12 or more cards, each the property of different account
13 holders, is guilty of a class 4 felony.
14 A person convicted under this Section, when the value of
15 property so obtained, in a single transaction, or in separate
16 transactions within any 90 day period, exceeds $150 shall be
17 guilty of a Class 4 felony.
18 (Source: P.A. 84-897.)
19 Section 25. The Illinois Marriage and Dissolution of
20 Marriage Act is amended by changing Section 505 as follows:
21 (750 ILCS 5/505) (from Ch. 40, par. 505)
22 (Text of Section before amendment by P.A. 90-539)
23 Sec. 505. Child support; contempt; penalties.
24 (a) In a proceeding for dissolution of marriage, legal
25 separation, declaration of invalidity of marriage, a
26 proceeding for child support following dissolution of the
27 marriage by a court which lacked personal jurisdiction over
28 the absent spouse, a proceeding for modification of a
29 previous order for child support under Section 510 of this
30 Act, or any proceeding authorized under Section 501 or 601 of
31 this Act, the court may order either or both parents owing a
32 duty of support to a child of the marriage to pay an amount
HB3415 Engrossed -14- LRB9010838DJcd
1 reasonable and necessary for his support, without regard to
2 marital misconduct. The duty of support owed to a minor
3 child includes the obligation to provide for the reasonable
4 and necessary physical, mental and emotional health needs of
5 the child.
6 (1) The Court shall determine the minimum amount of
7 support by using the following guidelines:
8 Number of Children Percent of Supporting Party's
9 Net Income
10 1 20%
11 2 25%
12 3 32%
13 4 40%
14 5 45%
15 6 or more 50%
16 (2) The above guidelines shall be applied in each
17 case unless the court makes a finding that application of
18 the guidelines would be inappropriate, after considering
19 the best interests of the child in light of evidence
20 including but not limited to one or more of the following
21 relevant factors:
22 (a) the financial resources and needs of the
23 child;
24 (b) the financial resources and needs of the
25 custodial parent;
26 (c) the standard of living the child would
27 have enjoyed had the marriage not been dissolved;
28 (d) the physical and emotional condition of
29 the child, and his educational needs; and
30 (e) the financial resources and needs of the
31 non-custodial parent.
32 If the court deviates from the guidelines, the
33 court's finding shall state the amount of support that
34 would have been required under the guidelines, if
HB3415 Engrossed -15- LRB9010838DJcd
1 determinable. The court shall include the reason or
2 reasons for the variance from the guidelines.
3 (3) "Net income" is defined as the total of all
4 income from all sources, minus the following deductions:
5 (a) Federal income tax (properly calculated
6 withholding or estimated payments);
7 (b) State income tax (properly calculated
8 withholding or estimated payments);
9 (c) Social Security (FICA payments);
10 (d) Mandatory retirement contributions
11 required by law or as a condition of employment;
12 (e) Union dues;
13 (f) Dependent and individual
14 health/hospitalization insurance premiums;
15 (g) Prior obligations of support or
16 maintenance actually paid pursuant to a court order;
17 (h) Expenditures for repayment of debts that
18 represent reasonable and necessary expenses for the
19 production of income, medical expenditures necessary
20 to preserve life or health, reasonable expenditures
21 for the benefit of the child and the other parent,
22 exclusive of gifts. The court shall reduce net
23 income in determining the minimum amount of support
24 to be ordered only for the period that such payments
25 are due and shall enter an order containing
26 provisions for its self-executing modification upon
27 termination of such payment period.
28 (4) In cases where the court order provides for
29 health/hospitalization insurance coverage pursuant to
30 Section 505.2 of this Act, the premiums for that
31 insurance, or that portion of the premiums for which the
32 supporting party is responsible in the case of insurance
33 provided through an employer's health insurance plan
34 where the employer pays a portion of the premiums, shall
HB3415 Engrossed -16- LRB9010838DJcd
1 be subtracted from net income in determining the minimum
2 amount of support to be ordered.
3 (4.5) In a proceeding for child support following
4 dissolution of the marriage by a court that lacked
5 personal jurisdiction over the absent spouse, and in
6 which the court is requiring payment of support for the
7 period before the date an order for current support is
8 entered, there is a rebuttable presumption that the
9 supporting party's net income for the prior period was
10 the same as his or her net income at the time the order
11 for current support is entered.
12 (5) If the net income cannot be determined because
13 of default or any other reason, the court shall order
14 support in an amount considered reasonable in the
15 particular case. The final order in all cases shall
16 state the support level in dollar amounts.
17 (b) Failure of either parent to comply with an order to
18 pay support shall be punishable as in other cases of
19 contempt. In addition to other penalties provided by law the
20 Court may, after finding the parent guilty of contempt, order
21 that the parent be:
22 (1) placed on probation with such conditions of
23 probation as the Court deems advisable;
24 (2) sentenced to periodic imprisonment for a period
25 not to exceed 6 months; provided, however, that the Court
26 may permit the parent to be released for periods of time
27 during the day or night to:
28 (A) work; or
29 (B) conduct a business or other self-employed
30 occupation.
31 The Court may further order any part or all of the
32 earnings of a parent during a sentence of periodic
33 imprisonment paid to the Clerk of the Circuit Court or to the
34 parent having custody or to the guardian having custody of
HB3415 Engrossed -17- LRB9010838DJcd
1 the minor children of the sentenced parent for the support of
2 said minor children until further order of the Court.
3 If there is a unity of interest and ownership sufficient
4 to render no financial separation between a non-custodial
5 parent and another person or persons or business entity, the
6 court may pierce the ownership veil of the person, persons,
7 or business entity to discover assets of the non-custodial
8 parent held in the name of that person, those persons, or
9 that business entity. The following circumstances are
10 sufficient to authorize a court to order discovery of the
11 assets of a person, persons, or business entity and to compel
12 the application of any discovered assets toward payment on
13 the judgment for support:
14 (1) the non-custodial parent and the person,
15 persons, or business entity maintain records together.
16 (2) the non-custodial parent and the person,
17 persons, or business entity fail to maintain an arms
18 length relationship between themselves with regard to any
19 assets.
20 (3) the non-custodial parent transfers assets to
21 the person, persons, or business entity with the intent
22 to perpetrate a fraud on the custodial parent.
23 With respect to assets which are real property, no order
24 entered under this paragraph shall affect the rights of bona
25 fide purchasers, mortgagees, judgment creditors, or other
26 lien holders who acquire their interests in the property
27 prior to the time a notice of lis pendens pursuant to the
28 Code of Civil Procedure or a copy of the order is placed of
29 record in the office of the recorder of deeds for the county
30 in which the real property is located.
31 The court may also order in cases where the parent is 90
32 days or more delinquent in payment of support or has been
33 adjudicated in arrears in an amount equal to 90 days
34 obligation or more, that the parent's Illinois driving
HB3415 Engrossed -18- LRB9010838DJcd
1 privileges be suspended until the court determines that the
2 parent is in compliance with the order of support. The court
3 may also order that the parent be issued a family financial
4 responsibility driving permit that would allow limited
5 driving privileges for employment and medical purposes in
6 accordance with Section 7-702.1 of the Illinois Vehicle Code.
7 The clerk of the circuit court shall certify the order
8 suspending the driving privileges of the parent or granting
9 the issuance of a family financial responsibility driving
10 permit to the Secretary of State on forms prescribed by the
11 Secretary. Upon receipt of the authenticated documents, the
12 Secretary of State shall suspend the parent's driving
13 privileges until further order of the court and shall, if
14 ordered by the court, subject to the provisions of Section
15 7-702.1 of the Illinois Vehicle Code, issue a family
16 financial responsibility driving permit to the parent.
17 In addition to the penalties or punishment that may be
18 imposed under this Section, any person whose conduct
19 constitutes a violation of Section 1 of the Non-Support of
20 Spouse and Children Act may be prosecuted under that Section,
21 and a person convicted under that Section may be sentenced in
22 accordance with that Section. The sentence may include but
23 need not be limited to a requirement that the person perform
24 community service under subsection (b) of that Section or
25 participate in a work alternative program under subsection
26 (c) of that Section. A person may not be required to
27 participate in a work alternative program under subsection
28 (c) of that Section if the person is currently participating
29 in a work program pursuant to Section 505.1 of this Act.
30 (c) A one-time charge of 20% is imposable upon the
31 amount of past-due child support owed on July 1, 1988 which
32 has accrued under a support order entered by the court. The
33 charge shall be imposed in accordance with the provisions of
34 Section 10-21 of the Illinois Public Aid Code and shall be
HB3415 Engrossed -19- LRB9010838DJcd
1 enforced by the court upon petition.
2 (d) Any new or existing support order entered by the
3 court under this Section shall be deemed to be a series of
4 judgments against the person obligated to pay support
5 thereunder, each such judgment to be in the amount of each
6 payment or installment of support and each such judgment to
7 be deemed entered as of the date the corresponding payment or
8 installment becomes due under the terms of the support order.
9 Each such judgment shall have the full force, effect and
10 attributes of any other judgment of this State, including the
11 ability to be enforced. A lien arises by operation of law
12 against the real and personal property of the noncustodial
13 parent for each installment of overdue support owed by the
14 noncustodial parent.
15 (e) When child support is to be paid through the clerk
16 of the court in a county of 1,000,000 inhabitants or less,
17 the order shall direct the obligor to pay to the clerk, in
18 addition to the child support payments, all fees imposed by
19 the county board under paragraph (3) of subsection (u) of
20 Section 27.1 of the Clerks of Courts Act. Unless paid in
21 cash or pursuant to an order for withholding, the payment of
22 the fee shall be by a separate instrument from the support
23 payment and shall be made to the order of the Clerk.
24 (f) All orders for support, when entered or modified,
25 shall include a provision requiring the obligor to notify the
26 court and, in cases in which a party is receiving child and
27 spouse services under Article X of the Illinois Public Aid
28 Code, the Illinois Department of Public Aid, within 7 days,
29 (i) of the name and address of any new employer of the
30 obligor, (ii) whether the obligor has access to health
31 insurance coverage through the employer or other group
32 coverage and, if so, the policy name and number and the names
33 of persons covered under the policy, and (iii) of any new
34 residential or mailing address or telephone number of the
HB3415 Engrossed -20- LRB9010838DJcd
1 non-custodial parent. In any subsequent action to enforce a
2 support order, upon a sufficient showing that a diligent
3 effort has been made to ascertain the location of the
4 non-custodial parent, service of process or provision of
5 notice necessary in the case may be made at the last known
6 address of the non-custodial parent in any manner expressly
7 provided by the Code of Civil Procedure or this Act, which
8 service shall be sufficient for purposes of due process.
9 (g) An order for support shall include a date on which
10 the current support obligation terminates. The termination
11 date shall be no earlier than the date on which the child
12 covered by the order will attain the age of majority or is
13 otherwise emancipated. The order for support shall state that
14 the termination date does not apply to any arrearage that may
15 remain unpaid on that date. Nothing in this subsection shall
16 be construed to prevent the court from modifying the order.
17 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
18 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
19 revised 10-7-97.)
20 (Text of Section after amendment by P.A. 90-539)
21 Sec. 505. Child support; contempt; penalties.
22 (a) In a proceeding for dissolution of marriage, legal
23 separation, declaration of invalidity of marriage, a
24 proceeding for child support following dissolution of the
25 marriage by a court which lacked personal jurisdiction over
26 the absent spouse, a proceeding for modification of a
27 previous order for child support under Section 510 of this
28 Act, or any proceeding authorized under Section 501 or 601 of
29 this Act, the court may order either or both parents owing a
30 duty of support to a child of the marriage to pay an amount
31 reasonable and necessary for his support, without regard to
32 marital misconduct. The duty of support owed to a minor
33 child includes the obligation to provide for the reasonable
34 and necessary physical, mental and emotional health needs of
HB3415 Engrossed -21- LRB9010838DJcd
1 the child.
2 (1) The Court shall determine the minimum amount of
3 support by using the following guidelines:
4 Number of Children Percent of Supporting Party's
5 Net Income
6 1 20%
7 2 25%
8 3 32%
9 4 40%
10 5 45%
11 6 or more 50%
12 (2) The above guidelines shall be applied in each
13 case unless the court makes a finding that application of
14 the guidelines would be inappropriate, after considering
15 the best interests of the child in light of evidence
16 including but not limited to one or more of the following
17 relevant factors:
18 (a) the financial resources and needs of the
19 child;
20 (b) the financial resources and needs of the
21 custodial parent;
22 (c) the standard of living the child would
23 have enjoyed had the marriage not been dissolved;
24 (d) the physical and emotional condition of
25 the child, and his educational needs; and
26 (e) the financial resources and needs of the
27 non-custodial parent.
28 If the court deviates from the guidelines, the
29 court's finding shall state the amount of support that
30 would have been required under the guidelines, if
31 determinable. The court shall include the reason or
32 reasons for the variance from the guidelines.
33 (3) "Net income" is defined as the total of all
34 income from all sources, minus the following deductions:
HB3415 Engrossed -22- LRB9010838DJcd
1 (a) Federal income tax (properly calculated
2 withholding or estimated payments);
3 (b) State income tax (properly calculated
4 withholding or estimated payments);
5 (c) Social Security (FICA payments);
6 (d) Mandatory retirement contributions
7 required by law or as a condition of employment;
8 (e) Union dues;
9 (f) Dependent and individual
10 health/hospitalization insurance premiums;
11 (g) Prior obligations of support or
12 maintenance actually paid pursuant to a court order;
13 (h) Expenditures for repayment of debts that
14 represent reasonable and necessary expenses for the
15 production of income, medical expenditures necessary
16 to preserve life or health, reasonable expenditures
17 for the benefit of the child and the other parent,
18 exclusive of gifts. The court shall reduce net
19 income in determining the minimum amount of support
20 to be ordered only for the period that such payments
21 are due and shall enter an order containing
22 provisions for its self-executing modification upon
23 termination of such payment period.
24 (4) In cases where the court order provides for
25 health/hospitalization insurance coverage pursuant to
26 Section 505.2 of this Act, the premiums for that
27 insurance, or that portion of the premiums for which the
28 supporting party is responsible in the case of insurance
29 provided through an employer's health insurance plan
30 where the employer pays a portion of the premiums, shall
31 be subtracted from net income in determining the minimum
32 amount of support to be ordered.
33 (4.5) In a proceeding for child support following
34 dissolution of the marriage by a court that lacked
HB3415 Engrossed -23- LRB9010838DJcd
1 personal jurisdiction over the absent spouse, and in
2 which the court is requiring payment of support for the
3 period before the date an order for current support is
4 entered, there is a rebuttable presumption that the
5 supporting party's net income for the prior period was
6 the same as his or her net income at the time the order
7 for current support is entered.
8 (5) If the net income cannot be determined because
9 of default or any other reason, the court shall order
10 support in an amount considered reasonable in the
11 particular case. The final order in all cases shall
12 state the support level in dollar amounts.
13 (b) Failure of either parent to comply with an order to
14 pay support shall be punishable as in other cases of
15 contempt. In addition to other penalties provided by law the
16 Court may, after finding the parent guilty of contempt, order
17 that the parent be:
18 (1) placed on probation with such conditions of
19 probation as the Court deems advisable;
20 (2) sentenced to periodic imprisonment for a period
21 not to exceed 6 months; provided, however, that the Court
22 may permit the parent to be released for periods of time
23 during the day or night to:
24 (A) work; or
25 (B) conduct a business or other self-employed
26 occupation.
27 The Court may further order any part or all of the
28 earnings of a parent during a sentence of periodic
29 imprisonment paid to the Clerk of the Circuit Court or to the
30 parent having custody or to the guardian having custody of
31 the minor children of the sentenced parent for the support of
32 said minor children until further order of the Court.
33 If there is a unity of interest and ownership sufficient
34 to render no financial separation between a non-custodial
HB3415 Engrossed -24- LRB9010838DJcd
1 parent and another person or persons or business entity, the
2 court may pierce the ownership veil of the person, persons,
3 or business entity to discover assets of the non-custodial
4 parent held in the name of that person, those persons, or
5 that business entity. The following circumstances are
6 sufficient to authorize a court to order discovery of the
7 assets of a person, persons, or business entity and to compel
8 the application of any discovered assets toward payment on
9 the judgment for support:
10 (1) the non-custodial parent and the person,
11 persons, or business entity maintain records together.
12 (2) the non-custodial parent and the person,
13 persons, or business entity fail to maintain an arms
14 length relationship between themselves with regard to any
15 assets.
16 (3) the non-custodial parent transfers assets to
17 the person, persons, or business entity with the intent
18 to perpetrate a fraud on the custodial parent.
19 With respect to assets which are real property, no order
20 entered under this paragraph shall affect the rights of bona
21 fide purchasers, mortgagees, judgment creditors, or other
22 lien holders who acquire their interests in the property
23 prior to the time a notice of lis pendens pursuant to the
24 Code of Civil Procedure or a copy of the order is placed of
25 record in the office of the recorder of deeds for the county
26 in which the real property is located.
27 The court may also order in cases where the parent is 90
28 days or more delinquent in payment of support or has been
29 adjudicated in arrears in an amount equal to 90 days
30 obligation or more, that the parent's Illinois driving
31 privileges be suspended until the court determines that the
32 parent is in compliance with the order of support. The court
33 may also order that the parent be issued a family financial
34 responsibility driving permit that would allow limited
HB3415 Engrossed -25- LRB9010838DJcd
1 driving privileges for employment and medical purposes in
2 accordance with Section 7-702.1 of the Illinois Vehicle Code.
3 The clerk of the circuit court shall certify the order
4 suspending the driving privileges of the parent or granting
5 the issuance of a family financial responsibility driving
6 permit to the Secretary of State on forms prescribed by the
7 Secretary. Upon receipt of the authenticated documents, the
8 Secretary of State shall suspend the parent's driving
9 privileges until further order of the court and shall, if
10 ordered by the court, subject to the provisions of Section
11 7-702.1 of the Illinois Vehicle Code, issue a family
12 financial responsibility driving permit to the parent.
13 In addition to the penalties or punishment that may be
14 imposed under this Section, any person whose conduct
15 constitutes a violation of Section 1 of the Non-Support of
16 Spouse and Children Act may be prosecuted under that Section,
17 and a person convicted under that Section may be sentenced in
18 accordance with that Section. The sentence may include but
19 need not be limited to a requirement that the person perform
20 community service under subsection (b) of that Section or
21 participate in a work alternative program under subsection
22 (c) of that Section. A person may not be required to
23 participate in a work alternative program under subsection
24 (c) of that Section if the person is currently participating
25 in a work program pursuant to Section 505.1 of this Act.
26 (c) A one-time charge of 20% is imposable upon the
27 amount of past-due child support owed on July 1, 1988 which
28 has accrued under a support order entered by the court. The
29 charge shall be imposed in accordance with the provisions of
30 Section 10-21 of the Illinois Public Aid Code and shall be
31 enforced by the court upon petition.
32 (d) Any new or existing support order entered by the
33 court under this Section shall be deemed to be a series of
34 judgments against the person obligated to pay support
HB3415 Engrossed -26- LRB9010838DJcd
1 thereunder, each such judgment to be in the amount of each
2 payment or installment of support and each such judgment to
3 be deemed entered as of the date the corresponding payment or
4 installment becomes due under the terms of the support order.
5 Each such judgment shall have the full force, effect and
6 attributes of any other judgment of this State, including the
7 ability to be enforced. A lien arises by operation of law
8 against the real and personal property of the noncustodial
9 parent for each installment of overdue support owed by the
10 noncustodial parent.
11 (e) When child support is to be paid through the clerk
12 of the court in a county of 1,000,000 inhabitants or less,
13 the order shall direct the obligor to pay to the clerk, in
14 addition to the child support payments, all fees imposed by
15 the county board under paragraph (3) of subsection (u) of
16 Section 27.1 of the Clerks of Courts Act. Unless paid in
17 cash or pursuant to an order for withholding, the payment of
18 the fee shall be by a separate instrument from the support
19 payment and shall be made to the order of the Clerk.
20 (f) All orders for support, when entered or modified,
21 shall include a provision requiring the obligor to notify the
22 court and, in cases in which a party is receiving child and
23 spouse services under Article X of the Illinois Public Aid
24 Code, the Illinois Department of Public Aid, within 7 days,
25 (i) of the name and address of any new employer of the
26 obligor, (ii) whether the obligor has access to health
27 insurance coverage through the employer or other group
28 coverage and, if so, the policy name and number and the names
29 of persons covered under the policy, and (iii) of any new
30 residential or mailing address or telephone number of the
31 non-custodial parent. In any subsequent action to enforce a
32 support order, upon a sufficient showing that a diligent
33 effort has been made to ascertain the location of the
34 non-custodial parent, service of process or provision of
HB3415 Engrossed -27- LRB9010838DJcd
1 notice necessary in the case may be made at the last known
2 address of the non-custodial parent in any manner expressly
3 provided by the Code of Civil Procedure or this Act, which
4 service shall be sufficient for purposes of due process.
5 (g) An order for support shall include a date on which
6 the current support obligation terminates. The termination
7 date shall be no earlier than the date on which the child
8 covered by the order will attain the age of majority or is
9 otherwise emancipated. The order for support shall state that
10 the termination date does not apply to any arrearage that may
11 remain unpaid on that date. Nothing in this subsection shall
12 be construed to prevent the court from modifying the order.
13 (h) An order entered under this Section shall include a
14 provision requiring the obligor to report to the obligee and
15 to the clerk of court within 10 days each time the obligor
16 obtains new employment, and each time the obligor's
17 employment is terminated for any reason. The report shall be
18 in writing and shall, in the case of new employment, include
19 the name and address of the new employer. Failure to report
20 new employment or the termination of current employment, if
21 coupled with nonpayment of support for a period in excess of
22 60 days, is indirect criminal contempt. For any obligor
23 arrested for failure to report new employment bond shall be
24 set in the amount of the child support that should have been
25 paid during the period of unreported employment. An order
26 entered under this Section shall also include a provision
27 requiring the obligor and obligee parents to advise each
28 other of a change in residence within 5 days of the change
29 except when the court finds that the physical, mental, or
30 emotional health of a party or that of a minor child, or
31 both, would be seriously endangered by disclosure of the
32 party's address.
33 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
34 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
HB3415 Engrossed -28- LRB9010838DJcd
1 90-539, eff. 6-1-98; revised 12-15-97.)
2 Section 30. The Non-Support of Spouse and Children Act
3 is amended by changing Section 1 as follows:
4 (750 ILCS 15/1) (from Ch. 40, par. 1101)
5 Sec. 1. Neglect or refusal to support; penalties.
6 (a) Every person who shall, without any lawful excuse,
7 neglect or refuse to provide for the support or maintenance
8 of his or her spouse, said spouse being in need of such
9 support or maintenance, or any person who shall, without
10 lawful excuse, desert or neglect or refuse to provide for the
11 support or maintenance of his or her child or children under
12 the age of 18 years, in need of such support or maintenance,
13 shall be deemed guilty of a Class A misdemeanor and shall be
14 liable under the provisions of the Illinois "Public Aid Code
15 of Illinois", approved April 11, 1967, to the Supervisor of
16 General Assistance, the Department of Human Services, or to
17 the Illinois Department of Public Aid, as the case may be, in
18 a civil action, for the amount of general assistance or
19 assistance provided to his or her spouse or children, or both
20 his spouse and children.
21 (b) In addition to any other penalties imposed for a
22 violation of this Section, the court may order the offender
23 to perform community service for not less than 30 and not
24 more than 120 hours, if community service is available in the
25 jurisdiction and is funded and approved by the county board
26 of the county where the offense was committed. In addition,
27 whenever any person is placed on supervision for an alleged
28 violation of this Section, the supervision shall be
29 conditioned upon the performance of the community service.
30 (c) In addition to any other penalties imposed for a
31 violation of this Section, the court may sentence the
32 offender to service in a work alternative program
HB3415 Engrossed -29- LRB9010838DJcd
1 administered by the sheriff. The conditions of the program
2 are that the offender obtain or retain employment and
3 participate in a work alternative program administered by the
4 sheriff during nonworking hours. A portion of the
5 defendant's salary, as determined using the guidelines and
6 standards set forth in subsection (a) of Section 505 and in
7 Section 505.2 of the Illinois Marriage and Dissolution of
8 Marriage Act shall be deducted to pay for spouse or child
9 support. A person may not be required to participate in a
10 work alternative program under this subsection (c) if the
11 person is currently participating in a work program pursuant
12 to Section 12 of this Act.
13 (Source: P.A. 77-2528; revised 3-2-98.)
14 Section 35. The Uniform Interstate Family Support Act is
15 amended by changing Section 318 as follows:
16 (750 ILCS 22/318)
17 Sec. 318. Assistance with discovery. A tribunal of this
18 State may:
19 (1) request a tribunal of another state to assist in
20 obtaining discovery; and
21 (2) upon request, compel a person over whom it has
22 jurisdiction to respond to a discovery order issued by a
23 tribunal of another state;.
24 (3) upon request by a tribunal of another state, issue a
25 subpoena or a subpoena duces tecum (in the case of a
26 tribunal authorized to issue subpoenas) or direct the clerk
27 of the circuit court to issue a subpoena or a subpoena duces
28 tecum (in the case of the circuit court) requiring a person
29 in this State to appear at a deposition or before a tribunal
30 and answer questions or produce documents or other tangible
31 things for the purpose of obtaining information regarding
32 the person's assets, income, and ability to pay a support
HB3415 Engrossed -30- LRB9010838DJcd
1 order or judgment entered in the other state; and
2 (4) request a tribunal of another state to issue or
3 cause to be issued a subpoena or a subpoena duces tecum
4 requiring a person in the other state to appear at a
5 deposition or before a tribunal in that state and answer
6 questions or produce documents or other tangible things for
7 the purpose of obtaining information regarding the person's
8 assets, income, and ability to pay a support order or
9 judgment entered in this State.
10 The clerk of the circuit court shall issue a subpoena or
11 a subpoena duces tecum when directed to do so by the circuit
12 court in accordance with this Section.
13 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
14 by P.A. 88-691.)
15 Section 40. The Illinois Parentage Act of 1984 is
16 amended by changing Section 15 as follows:
17 (750 ILCS 45/15) (from Ch. 40, par. 2515)
18 Sec. 15. Enforcement of Judgment or Order.
19 (a) If existence of the parent and child relationship is
20 declared, or paternity or duty of support has been
21 established under this Act or under prior law or under the
22 law of any other jurisdiction, the judgment rendered
23 thereunder may be enforced in the same or other proceedings
24 by any party or any person or agency that has furnished or
25 may furnish financial assistance or services to the child.
26 Sections 14, 16 and 20 of this Act shall also be applicable
27 with respect to entry, modification and enforcement of any
28 support judgment entered under provisions of the "Paternity
29 Act", approved July 5, 1957, as amended, repealed July 1,
30 1985.
31 (b) Failure to comply with any order of the court shall
32 be punishable as contempt as in other cases of failure to
HB3415 Engrossed -31- LRB9010838DJcd
1 comply under the "Illinois Marriage and Dissolution of
2 Marriage Act", as now or hereafter amended. In addition to
3 other penalties provided by law, the court may, after finding
4 the party guilty of contempt, order that the party be:
5 (1) Placed on probation with such conditions of
6 probation as the court deems advisable;
7 (2) Sentenced to periodic imprisonment for a period
8 not to exceed 6 months. However, the court may permit
9 the party to be released for periods of time during the
10 day or night to work or conduct business or other
11 self-employed occupation. The court may further order
12 any part of all the earnings of a party during a sentence
13 of periodic imprisonment to be paid to the Clerk of the
14 Circuit Court or to the person or parent having custody
15 of the minor child for the support of said child until
16 further order of the court.
17 (2.5) The court may also pierce the ownership veil
18 of a person, persons, or business entity to discover
19 assets of a non-custodial parent held in the name of that
20 person, those persons, or that business entity if there
21 is a unity of interest and ownership sufficient to render
22 no financial separation between the non-custodial parent
23 and that person, those persons, or the business entity.
24 The following circumstances are sufficient for a court to
25 order discovery of the assets of a person, persons, or
26 business entity and to compel the application of any
27 discovered assets toward payment on the judgment for
28 support:
29 (A) the non-custodial parent and the person,
30 persons, or business entity maintain records
31 together.
32 (B) the non-custodial parent and the person,
33 persons, or business entity fail to maintain an arms
34 length relationship between themselves with regard
HB3415 Engrossed -32- LRB9010838DJcd
1 to any assets.
2 (C) the non-custodial parent transfers assets
3 to the person, persons, or business entity with the
4 intent to perpetrate a fraud on the custodial
5 parent.
6 With respect to assets which are real property, no
7 order entered under this subdivision (2.5) shall affect
8 the rights of bona fide purchasers, mortgagees, judgment
9 creditors, or other lien holders who acquire their
10 interests in the property prior to the time a notice of
11 lis pendens pursuant to the Code of Civil Procedure or a
12 copy of the order is placed of record in the office of
13 the recorder of deeds for the county in which the real
14 property is located.
15 (3) The court may also order that in cases where
16 the party is 90 days or more delinquent in payment of
17 support or has been adjudicated in arrears in an amount
18 equal to 90 days obligation or more, that the party's
19 Illinois driving privileges be suspended until the court
20 determines that the party is in compliance with the
21 judgement or duty of support. The court may also order
22 that the parent be issued a family financial
23 responsibility driving permit that would allow limited
24 driving privileges for employment and medical purposes in
25 accordance with Section 7-702.1 of the Illinois Vehicle
26 Code. The clerk of the circuit court shall certify the
27 order suspending the driving privileges of the parent or
28 granting the issuance of a family financial
29 responsibility driving permit to the Secretary of State
30 on forms prescribed by the Secretary. Upon receipt of the
31 authenticated documents, the Secretary of State shall
32 suspend the party's driving privileges until further
33 order of the court and shall, if ordered by the court,
34 subject to the provisions of Section 7-702.1 of the
HB3415 Engrossed -33- LRB9010838DJcd
1 Illinois Vehicle Code, issue a family financial
2 responsibility driving permit to the 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 1 of the Non-Support of
6 Spouse and Children Act may be prosecuted under that Section,
7 and a person convicted under that Section may be sentenced in
8 accordance with that Section. The sentence may include but
9 need not be limited to a requirement that the person perform
10 community service under subsection (b) of that Section or
11 participate in a work alternative program under subsection
12 (c) of that Section. A person may not be required to
13 participate in a work alternative program under subsection
14 (c) of that Section if the person is currently participating
15 in a work program pursuant to Section 15.1 of this Act.
16 (c) In any post-judgment proceeding to enforce or modify
17 the judgment the parties shall continue to be designated as
18 in the original proceeding.
19 (Source: P.A. 89-92, eff. 7-1-96; 90-476, eff. 1-1-98.)
20 Section 45. The Illinois Domestic Violence Act of 1986
21 is amended by changing Section 223 as follows:
22 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
23 Sec. 223. Enforcement of orders of protection.
24 (a) When violation is crime. A violation of any order of
25 protection, whether issued in a civil or criminal proceeding,
26 may be enforced by a criminal court when:
27 (1) The respondent commits the crime of violation
28 of order of protection pursuant to Section 12-30 of the
29 Criminal Code of 1961, by having knowingly violated
30 remedies described in paragraphs (1), (2), (3), or (14)
31 of subsection (b) of Section 214 of this Act or any other
32 remedy when the act constitutes a crime against the
HB3415 Engrossed -34- LRB9010838DJcd
1 protected parties as defined by the Criminal Code of
2 1961. Prosecution for a violation of an order of
3 protection shall not bar concurrent prosecution for any
4 other crime, including any crime that may have been
5 committed at the time of the violation of the order of
6 protection; or
7 (2) The respondent commits the crime of child
8 abduction pursuant to Section 10-5 of the Criminal Code
9 of 1961, by having knowingly violated remedies described
10 in paragraphs (5), (6) or (8) of subsection (b) of
11 Section 214 of this Act.
12 (b) When violation is contempt of court. A violation of
13 any valid Illinois order of protection, whether issued in a
14 civil or criminal proceeding, may be enforced through civil
15 or criminal contempt procedures, as appropriate, by any court
16 with jurisdiction, regardless where the act or acts which
17 violated the order of protection were committed, to the
18 extent consistent with the venue provisions of this Act.
19 Nothing in this Act shall preclude any Illinois court from
20 enforcing any valid order of protection issued in another
21 state. Illinois courts may enforce orders of protection
22 through both criminal prosecution and contempt proceedings,
23 unless the action which is second in time is barred by
24 collateral estoppel or the constitutional prohibition against
25 double jeopardy.
26 (1) In a contempt proceeding where the petition for
27 a rule to show cause sets forth facts evidencing an
28 immediate danger that the respondent will flee the
29 jurisdiction, conceal a child, or inflict physical abuse
30 on the petitioner or minor children or on dependent
31 adults in petitioner's care, the court may order the
32 attachment of the respondent without prior service of the
33 rule to show cause or the petition for a rule to show
34 cause. Bond shall be set unless specifically denied in
HB3415 Engrossed -35- LRB9010838DJcd
1 writing.
2 (2) A petition for a rule to show cause for
3 violation of an order of protection shall be treated as
4 an expedited proceeding.
5 (c) Violation of custody or support orders. A violation
6 of remedies described in paragraphs (5), (6), (8), or (9) of
7 subsection (b) of Section 214 of this Act may be enforced by
8 any remedy provided by Section 611 of the Illinois Marriage
9 and Dissolution of Marriage Act. The court may enforce any
10 order for support issued under paragraph (12) of subsection
11 (b) of Section 214 in the manner provided for under Articles
12 V and VII of the Illinois Marriage and Dissolution of
13 Marriage Act.
14 (d) Actual knowledge. An order of protection may be
15 enforced pursuant to this Section if the respondent violates
16 the order after the respondent has actual knowledge of its
17 contents as shown through one of the following means:
18 (1) By service, delivery, or notice under Section
19 210.
20 (2) By notice under Section 210.1 or 211.
21 (3) By service of an order of protection under
22 Section 222.
23 (4) By other means demonstrating actual knowledge
24 of the contents of the order.
25 (e) The enforcement of an order of protection in civil
26 or criminal court shall not be affected by either of the
27 following:
28 (1) The existence of a separate, correlative order,
29 entered under Section 215.
30 (2) Any finding or order entered in a conjoined
31 criminal proceeding.
32 (f) Circumstances. The court, when determining whether
33 or not a violation of an order of protection has occurred,
34 shall not require physical manifestations of abuse on the
HB3415 Engrossed -36- LRB9010838DJcd
1 person of the victim.
2 (g) Penalties.
3 (1) Except as provided in paragraph (3) of this
4 subsection, where the court finds the commission of a
5 crime or contempt of court under subsections (a) or (b)
6 of this Section, the penalty shall be the penalty that
7 generally applies in such criminal or contempt
8 proceedings, and may include one or more of the
9 following: incarceration, payment of restitution, a fine,
10 payment of attorneys' fees and costs, or community
11 service.
12 (2) The court shall hear and take into account
13 evidence of any factors in aggravation or mitigation
14 before deciding an appropriate penalty under paragraph
15 (1) of this subsection.
16 (3) To the extent permitted by law, the court is
17 encouraged to:
18 (i) increase the penalty for the knowing
19 violation of any order of protection over any
20 penalty previously imposed by any court for
21 respondent's violation of any order of protection or
22 penal statute involving petitioner as victim and
23 respondent as defendant;
24 (ii) impose a minimum penalty of 24 hours
25 imprisonment for respondent's first violation of any
26 order of protection; and
27 (iii) impose a minimum penalty of 48 hours
28 imprisonment for respondent's second or subsequent
29 violation of an order of protection
30 unless the court explicitly finds that an increased
31 penalty or that period of imprisonment would be
32 manifestly unjust.
33 (3.5) In addition to any other sentence that may be
34 imposed, a court may order any person convicted of
HB3415 Engrossed -37- LRB9010838DJcd
1 violation of an order of protection to perform community
2 service for not less than 30 and not more than 120 hours,
3 if community service is available in the jurisdiction and
4 is funded and approved by the county board of the county
5 where the offense was committed. In addition, whenever
6 any person is placed on supervision for an alleged
7 offense under this Section, the supervision shall be
8 conditional upon the performance of the community
9 service. The court shall authorize the county to charge
10 a person convicted of violation of an order of protection
11 for the costs of the community service based upon the
12 person's ability to pay for those costs.
13 (4) In addition to any other penalties imposed for
14 a violation of an order of protection, a criminal court
15 may consider evidence of any violations of an order of
16 protection:
17 (i) to increase, revoke or modify the bail
18 bond on an underlying criminal charge pursuant to
19 Section 110-6 of the Code of Criminal Procedure of
20 1963;
21 (ii) to revoke or modify an order of
22 probation, conditional discharge or supervision,
23 pursuant to Section 5-6-4 of the Unified Code of
24 Corrections;
25 (iii) to revoke or modify a sentence of
26 periodic imprisonment, pursuant to Section 5-7-2 of
27 the Unified Code of Corrections.
28 (5) In addition to any other penalties, the court
29 shall impose an additional fine of $20 as authorized by
30 Section 5-9-1.11 of the Unified Code of Corrections upon
31 any person convicted of or placed on supervision for a
32 violation of an order of protection. The additional fine
33 shall be imposed for each violation of this Section.
34 (Source: P.A. 90-241, eff. 1-1-98.)
HB3415 Engrossed -38- LRB9010838DJcd
1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.