O'MALLEY-RADOGNO. (LANG-CROTTY-GASH-ZICKUS-MITCHELL,BILL) New Act 20 ILCS 1005/43a.14 20 ILCS 2105/60 from Ch. 127, par. 60 20 ILCS 2505/39b12 from Ch. 127, par. 39b12 55 ILCS 5/3-5036.5 225 ILCS 425/2.04 from Ch. 111, par. 2005.1 305 ILCS 5/10-3.1 from Ch. 23, par. 10-3.1 305 ILCS 5/10-17 from Ch. 23, par. 10-17 305 ILCS 5/10-19 from Ch. 23, par. 10-19 305 ILCS 5/10-25 305 ILCS 5/10-25.5 305 ILCS 5/12-4.7c 410 ILCS 535/24 from Ch. 111 1/2, par. 73-24 625 ILCS 5/2-109.1 730 ILCS 5/3-5-4 735 ILCS 5/2-1403 from Ch. 110, par. 2-1403 735 ILCS 5/12-819 from Ch. 110, par. 12-819 740 ILCS 170/11 from Ch. 48, par. 39.12 750 ILCS 5/713 from Ch. 40, par. 713 750 ILCS 22/101 750 ILCS 45/6 from Ch. 40, par. 2506 805 ILCS 5/1.25 from Ch. 32, par. 1.25 805 ILCS 180/50-5 750 ILCS 15/Act rep. Repeals the Non-Support of Spouse and Children Act and creates the Non-Support Punishment Act. Lists 4 levels of failure to pay support for a spouse, ex-spouse, or child from refusal to provide support (Class A misdemeanor for first offense; Class 4 felony for second or subsequent offense), to willful failure to comply with a support order for longer than 6 months or in an amount greater than $1,000 (Class A misdemeanor for first offense; Class 4 felony for second or subsequent offense), to leaving the State to evade paying support for over 6 months or in an amount greater than $1,000 (Class 4 felony), to willful failure to comply with a support order for longer than one year or in an amount greater than $3,000 (Class 4 felony). Provides for sentencing under the Unified Code of Corrections and fines of up to $25,000. Reinserts many provisions of the Non-Support of Spouse and Children Act regarding proper procedure and payment requirements and adds new provisions related to this. Amends other Acts containing a reference to the Non-Support of Spouse and Children Act to add a reference to the Non-Support Punishment Act or change the reference to the Non-Support Punishment Act as appropriate. Effective October 1, 1999. SENATE AMENDMENT NO. 1 Provides that a proceeding for enforcement of this Act may be instituted and prosecuted by the several State's Attorneys only upon the filing of a verified complaint by the person or persons receiving child or spousal support. Raises the threshold amount of support required to be owed before the Act will apply from greater than $1,000 to greater than $5,000 in some instances and from greater than $3,000 to greater than $10,000 in other instances. Makes excep- tions to the application of the Act for persons whose support order was entered by default. Provides that restitution shall be ordered in an amount equal to the total unpaid support obligation as it existed at the time of sentencing and any amounts paid by the obligor shall be allocated first to current support and then to restitution ordered and then to fines imposed. HOUSE AMENDMENT NO. 1. (House recedes May 27, 1999) Adds reference to: 5 ILCS 100/10-65 305 ILCS 5/4-1.6b new 305 ILCS 5/10-10 305 ILCS 5/10-10.4 new 305 ILCS 5/12-12.1 new 625 ILCS 5/7-701 625 ILCS 5/7-702 625 ILCS 5/7-702.1 625 ILCS 5/7-703 625 ILCS 5/7-705.1 new 625 ILCS 5/7-706.1 new 705 ILCS 105/15.1 new 750 ILCS 5/505 750 ILCS 5/505.3 new 750 ILCS 5/714 new 750 ILCS 5/715 new 750 ILCS 45/14 750 ILCS 45/15.3 new Deletes everything. Reinserts the provisions of the engrossed bill but adds to the Non-Support Punishment Act a provision regarding admission into evidence of financial information of a responsible relative, additional punishments for non-support, and a provision that each party shall be granted no more than 2 continuances in a court proceeding for the enforcement of a support order. Amends the Illinois Administrative Procedure Act and the Illinois Parentage Act of 1984 and further amends the Civil Administrative Code of Illinois, the Illinois Public Aid Code, and the Illinois Marriage and Dissolution of Marriage Act in conjunction with the additions to the Non-Support Punishment Act. Further amends the Illinois Public Aid Code to increase child support pass throughs from the Department of Human Services. Further amends the Illinois Vehicle Code regarding license suspensions for failure to pay support. Amends the Clerks of Courts Act. Provides that the Department of Public Aid shall create and maintain one or more World Wide Web pages with information on individuals who are delinquent in their child support obligations. Further amends the Illinois Public Aid Code and the Illinois Marriage and Dissolution of Marriage Act to provide that a person who willfully defaults on an order for child support may be subject to summary criminal contempt proceedings. Provides that each State agency shall suspend any license or certificate issued by that agency to a person found guilty of criminal contempt. Effective October 1, 2000. HOUSE AMENDMENT NO. 2. (House recedes May 27, 1999) Provides that a person commits the offense of failure to support when he or she willfully fails to pay a support obligation required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than one year or is in arrears in an amount greater than $25,000 (rather than $10,000) and the person has the ability to provide the support. HOUSE AMENDMENT NO. 3. (House recedes May 27, 1999) Deletes reference to: 305 ILCS 5/10-10.4 new 750 ILCS 5/505.3 new 750 ILCS 45/15.3 new Deletes everything. Reinserts the provisions of House Amendment 1 as changed by House Amendment 2, but changes the fine amounts in the Non-Support Punishment Act, removes provisions that each party shall be granted no more than 2 continuances in a court proceeding for the enforcement of a support order, adds a severability clause to the Non-Support Punishment Act, and provides that the Department of Human Services shall conduct an evaluation of the Child Support Pays Program, created by this Amendatory Act. Effective October 1, 1999. CONFERENCE COMMITTEE REPORT NO.1. Recommends that the House recede from H-ams 1, 2, and 3. Recommends that the bill be amended as follows: Deletes reference to: 305 ILCS 5/4-1.6b new 305 ILCS 5/10-10 305 ILCS 5/12-12.1 new 705 ILCS 105/15.1 new 750 ILCS 5/505 750 ILCS 5/714 new 750 ILCS 5/715 new 750 ILCS 45/14 Deletes everything. Reinserts the provisions of H-am 3, making the following changes: removes provisions allowing the admission of financial evidence about the respondent in certain support cases even though the respondent fails to appear or respond; removes provision that an obligor who fails to comply with a notice to make support payments to the State Disbursement Unit is guilty of a Class B misdemeanor; provides that a party in a support case shall report changes in certain information to the circuit clerk within 5 business days; removes provisions amending the Illinois Public Aid Code creating the Child Support Pays Program and authorizing the creation of a World Wide Web page naming persons with child support arrearages; changes the provisions amending the Illinois Vehicle Code to provide that the Secretary of State shall suspend an obligor's driver's license after the court orders suspension, rather than auto- matically upon a 90-day arrearage; removes provisions amending the Clerks of Courts Act with regard to naming those with child support arrearages on a World Wide Web page; and removes provisions amending the Illinois Marriage and Dissolution of Marriage Act with regard to willful default on support orders and information to locate obligors. Generally effective October 1, 1999, except that the provisions amending the Illinois Vehicle Code are effective July 1, 2000. 99-01-14 S FIRST READING 99-01-14 S REFERRED TO SENATE RULES COMMITTEE RULES 99-01-27 S ASSIGNED TO COMMITTEE JUDICIARY 99-02-03 S POSTPONED 99-02-18 S POSTPONED 99-02-25 S TO SUBCOMMITTEE 99-03-10 S AMENDMENT NO. 01-JUDICIARY S 99-03-10 S ADOPTED 99-03-10 S DO PASS AS AMENDED 010-000-000 SJUD 99-03-10 S PLACED ON CALENDAR ORDER OF 2ND READING 99-03-11 99-03-11 S SECOND READING 99-03-11 S PLACED ON CALENDAR ORDER OF 3RD READING 99-03-16 99-03-18 S THIRD READING - PASSED 058-000-000 99-03-18 H ARRIVE IN HOUSE 99-03-18 H PLACED CALENDAR ORDER OF FIRST READING 99-03-19 H HOUSE SPONSOR LANG 99-03-19 H FIRST READING 99-03-19 H REFERRED TO HOUSE RULES COMMITTEE RULES 99-03-19 H ADDED AS A JOINT SPONSOR CROTTY 99-03-25 H ADDED AS A JOINT SPONSOR GASH 99-03-26 H ASSIGNED TO COMMITTEE JUD-CIVIL LAW 99-04-15 H ADDED AS A JOINT SPONSOR ZICKUS 99-04-15 H ADDED AS A JOINT SPONSOR MITCHELL,BILL 99-04-28 H AMENDMENT NO. 01-JUD-CIVIL LAW H 99-04-28 H ADOPTED 99-04-28 H AMENDMENT NO. 02-JUD-CIVIL LAW H 99-04-28 H ADOPTED 99-04-28 H DO PASS AMENDED/SHORT DEBATE 007-002-002 HJUA 99-04-28 H PLACED CALENDAR 2ND READING-SHORT DEBATE 99-05-07 H AMENDMENT NO. 03-LANG 99-05-07 H AMENDMENT REFERRED TO HRUL 99-05-07 H CALENDAR ORDER 2ND READING-SHORT DEBATE 99-05-11 H SECOND READING-SHORT DEBATE 99-05-11 H AMENDMENT NO. 03-LANG 99-05-11 H RULES REFERS TO HJUA 99-05-11 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 99-05-12 H AMENDMENT NO. 03-LANG 99-05-12 H RECOMMENDS BE ADOPTED HJUA/010-000-000 99-05-12 H AMENDMENT NO. 03-LANG 99-05-12 H ADOPTED 99-05-12 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 99-05-12 H THIRD READING/SHORT DEBATE/PASSED 116-000-000 99-05-12 S SECRETARYS DESK - CONCURRENCE 01,02,03 99-05-12 S ADDED AS A CHIEF CO-SPONSOR RADOGNO 99-05-13 S FILED WITH SECRETARY 99-05-13 S MOTION NON-CONCUR - HOUSE AMENDMENT NO 01,02,03/O'MALLEY 99-05-14 S SEN NON-CONCURS IN HSE AMENDMENTS (NO.) 01,02,03 99-05-14 H ARRIVE IN HOUSE 99-05-14 H PLACED CALENDAR ORDER NON-CONCURRENCE 01,02,03 99-05-17 H MOTION REFUSE RECEDE - HSE AMEND NO 01,02,03/LANG 99-05-17 H CALENDAR ORDER OF NON-CONCURRENCE 01,02,03 99-05-24 H HSE REFUSES TO RECEDE FROM AMENDMENT NO 01,02,03 99-05-24 H HSE REQUESTS CONFERENCE COMMITTEE 1ST 99-05-24 H HSE CONFERENCE COMMITTEE APPOINTED 1ST/LANG, 99-05-24 H DART, CURRIE, 99-05-24 H TENHOUSE AND 99-05-24 H LYONS,EILEEN 99-05-25 S SEN ACCEDE REQUEST CONFERENCE COMMITTEE 1ST 99-05-25 S SEN CONFERENCE COMMITTEE APPOINTED 1ST/O'MALLEY, 99-05-25 S HAWKINSON, 99-05-25 S DILLARD, 99-05-25 S OBAMA, CULLERTON 99-05-26 S FILED WITH SECRETARY 99-05-26 S CONFERENCE COMMITTEE REPORT 1ST/O'MALLEY 99-05-26 S CONFERENCE COMMITTEE REPORT REFERRED TO SRUL 99-05-26 H HSE CONFERENCE COMMITTEE REPORT SUBMITED 1ST/LANG 99-05-26 H CONFERENCE COMMITTEE REPORT REFERRED TO HRUL 99-05-26 H CONFERENCE COMMITTEE REPORT 1ST 99-05-27 H RECOMMENDS BE ADOPTED 1ST/HRUL 99-05-27 H HOUSE ADOPTED CONFERENCE REPORT 1ST/115-000-000 99-05-27 S CONFERENCE COMMITTEE REPORT 1ST/O'MALLEY 99-05-27 S RULES REFERS TO SJUD 99-05-27 S CONFERENCE COMMITTEE REPORT 1ST/O'MALLEY 99-05-27 S BE APPROVED FOR CONSIDERATION SJUD/010-000-000 99-05-27 S SEN CONFERENCE COMMITTEE REPORT SUBMITED 1ST/O'MALLEY 99-05-27 S SENATE ADOPTED CONFERENCE REPORT 1ST/058-000-000 99-05-27 S BOTH HOUSES ADOPTED CONFERENCE REPORT 1ST 99-05-27 S PASSED BOTH HOUSES 99-06-25 S SENT TO THE GOVERNOR 99-08-19 S GOVERNOR APPROVED 99-08-19 S GENERALLY 99-08-19 S EFFECTIVE DATE 99-10-01 99-08-19 S SOME PARTS 99-08-19 S EFFECTIVE DATE 00-07-01 99-08-19 S PUBLIC ACT.............................. 91-0613 END OF INQUIRY Full Text Bill Summary