101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2556

 

Introduced 1/29/2020, by Sen. Napoleon Harris, III

 

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

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


LRB101 15204 TAE 64367 b

 

 

A BILL FOR

 

SB2556LRB101 15204 TAE 64367 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1this amendatory Act of the 96th General Assembly shall be
2deposited into the Capital Projects Fund.
3    (e) The additional fees imposed by this amendatory Act of
4the 96th General Assembly shall become effective 90 days after
5becoming law.
6    (f) As used in this Section, "active-duty member of the
7United States Armed Forces" means a member of the Armed
8Services or Reserve Forces of the United States or a member of
9the Illinois National Guard who is called to active duty
10pursuant to an executive order of the President of the United
11States, an act of the Congress of the United States, or an
12order of the Governor.
13(Source: P.A. 100-590, eff. 6-8-18; 100-803, eff. 1-1-19;
14101-81, eff. 7-12-19.)
 
15    (625 ILCS 5/6-201)
16    Sec. 6-201. Authority to cancel licenses and permits.
17    (a) The Secretary of State is authorized to cancel any
18license or permit upon determining that the holder thereof:
19        1. was not entitled to the issuance thereof hereunder;
20    or
21        2. failed to give the required or correct information
22    in his application; or
23        3. failed to pay any fees, civil penalties owed to the
24    Illinois Commerce Commission, or taxes due under this Act
25    and upon reasonable notice and demand; or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (g) of Section 6-113 of this Code and was convicted or
2    received court supervision for a violation of this Code
3    that occurred during nighttime hours or was involved in a
4    motor vehicle accident during nighttime hours in which the
5    restricted license holder was at fault; or
6        19. has assisted an out-of-state resident in acquiring
7    an Illinois driver's license or identification card by
8    providing or allowing the out-of-state resident to use his
9    or her Illinois address of residence and is complicit in
10    distributing and forwarding the Illinois driver's license
11    or identification card to the out-of-state resident.
12    (b) Upon such cancellation the licensee or permittee must
13surrender the license or permit so cancelled to the Secretary
14of State.
15    (c) Except as provided in Section Sections 6-206.1, and
167-702.1, the Secretary of State shall have exclusive authority
17to grant, issue, deny, cancel, suspend and revoke driving
18privileges, drivers' licenses and restricted driving permits.
19    (d) The Secretary of State may adopt rules to implement
20this Section.
21(Source: P.A. 100-409, eff. 8-25-17; 100-803, eff. 1-1-19.)
 
22    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
23    Sec. 6-303. Driving while driver's license, permit, or
24privilege to operate a motor vehicle is suspended or revoked.
25    (a) Except as otherwise provided in subsection (a-5) or

 

 

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

 

 

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1the Criminal Code of 1961 or the Criminal Code of 2012,
2relating to the offense of reckless homicide, or a violation of
3subparagraph (F) of paragraph (1) of subsection (d) of Section
411-501 of this Code, relating to the offense of aggravated
5driving under the influence of alcohol, other drug or drugs, or
6intoxicating compound or compounds, or any combination thereof
7when the violation was a proximate cause of a death, or a
8similar provision of a law of another state, is guilty of a
9Class 4 felony. The person shall be required to undergo a
10professional evaluation, as provided in Section 11-501 of this
11Code, to determine if an alcohol, drug, or intoxicating
12compound problem exists and the extent of the problem, and to
13undergo the imposition of treatment as appropriate.
14    (a-7) Any person who violates this Section as provided in
15subsection (a) while his or her driver's license or privilege
16to drive is suspended under Section 6-306.5 or 7-702 of this
17Code shall receive a Uniform Traffic Citation from the law
18enforcement officer. A person who receives 3 or more Uniform
19Traffic Citations under this subsection (a-7) without paying
20any fees associated with the citations shall be guilty of a
21Class A misdemeanor.
22    (a-10) A person's driver's license, permit, or privilege to
23obtain a driver's license or permit may be subject to multiple
24revocations, multiple suspensions, or any combination of both
25simultaneously. No revocation or suspension shall serve to
26negate, invalidate, cancel, postpone, or in any way lessen the

 

 

SB2556- 18 -LRB101 15204 TAE 64367 b

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

 

 

SB2556- 19 -LRB101 15204 TAE 64367 b

1conviction indicating such person was operating a vehicle
2during such period of revocation.
3    (b-3) (Blank).
4    (b-4) When the Secretary of State receives a report of a
5conviction of any violation indicating a person was operating a
6motor vehicle that was not equipped with an ignition interlock
7device during a time when the person was prohibited from
8operating a motor vehicle not equipped with such a device, the
9Secretary shall not issue a driver's license to that person for
10an additional period of one year from the date of the
11conviction.
12    (b-5) Any person convicted of violating this Section shall
13serve a minimum term of imprisonment of 30 consecutive days or
14300 hours of community service when the person's driving
15privilege was revoked or suspended as a result of a violation
16of Section 9-3 of the Criminal Code of 1961 or the Criminal
17Code of 2012, relating to the offense of reckless homicide, or
18a violation of subparagraph (F) of paragraph (1) of subsection
19(d) of Section 11-501 of this Code, relating to the offense of
20aggravated driving under the influence of alcohol, other drug
21or drugs, or intoxicating compound or compounds, or any
22combination thereof when the violation was a proximate cause of
23a death, or a similar provision of a law of another state. The
24court may give credit toward the fulfillment of community
25service hours for participation in activities and treatment as
26determined by court services.

 

 

SB2556- 20 -LRB101 15204 TAE 64367 b

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

 

 

SB2556- 21 -LRB101 15204 TAE 64367 b

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

 

 

SB2556- 22 -LRB101 15204 TAE 64367 b

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

 

 

SB2556- 23 -LRB101 15204 TAE 64367 b

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

 

 

SB2556- 24 -LRB101 15204 TAE 64367 b

1    revocation under Section 11-501.1 of this Code, or for a
2    violation of Section 9-3 of the Criminal Code of 1961 or
3    the Criminal Code of 2012, relating to the offense of
4    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 out-of-state offense.
11    The court may give credit toward the fulfillment of
12community service hours for participation in activities and
13treatment as determined by court services.
14    (d-1) Except as provided in subsections (a-7), (d-2),
15(d-2.5), and (d-3), any person convicted of a third or
16subsequent violation of this Section shall serve a minimum term
17of imprisonment of 30 days or 300 hours of community service,
18as determined by the court. The court may give credit toward
19the fulfillment of community service hours for participation in
20activities and treatment as determined by court services.
21    (d-2) Any person convicted of a third violation of this
22Section is guilty of a Class 4 felony and must serve a minimum
23term of imprisonment of 30 days, if:
24        (1) the current violation occurred when the person's
25    driver's license was suspended or revoked for a violation
26    of Section 11-401 or 11-501 of this Code, or a similar

 

 

SB2556- 25 -LRB101 15204 TAE 64367 b

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

 

 

SB2556- 26 -LRB101 15204 TAE 64367 b

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

 

 

SB2556- 27 -LRB101 15204 TAE 64367 b

1of a Class 4 felony and must serve a minimum term of
2imprisonment of 180 days, if:
3        (1) the current violation occurred when the person's
4    driver's license was suspended or revoked for a violation
5    of Section 11-401 or 11-501 of this Code, a similar
6    out-of-state offense, a similar provision of a local
7    ordinance, or a statutory summary suspension or revocation
8    under Section 11-501.1 of this Code; and
9        (2) the prior convictions under this Section occurred
10    while the person's driver's license was suspended or
11    revoked for a violation of Section 11-401 or 11-501 of this
12    Code, a similar out-of-state offense, a similar provision
13    of a local ordinance, or a statutory summary suspension or
14    revocation under Section 11-501.1 of this Code, or for a
15    violation of Section 9-3 of the Criminal Code of 1961 or
16    the Criminal Code of 2012, relating to the offense of
17    reckless homicide, or a violation of subparagraph (F) of
18    paragraph (1) of subsection (d) of Section 11-501 of this
19    Code, relating to the offense of aggravated driving under
20    the influence of alcohol, other drug or drugs, or
21    intoxicating compound or compounds, or any combination
22    thereof when the violation was a proximate cause of a
23    death, or a similar out-of-state offense.
24    (d-3.5) Any person convicted of a fourth or subsequent
25violation of this Section is guilty of a Class 1 felony, is not
26eligible for probation or conditional discharge, must serve a

 

 

SB2556- 28 -LRB101 15204 TAE 64367 b

1mandatory term of imprisonment, and is eligible for an extended
2term, if:
3        (1) the current violation occurred when the person's
4    driver's license was suspended or revoked for a violation
5    of Section 9-3 of the Criminal Code of 1961 or the Criminal
6    Code of 2012, relating to the offense of reckless homicide,
7    or a violation of subparagraph (F) of paragraph (1) of
8    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
12    was a proximate cause of a death, or a similar out-of-state
13    offense; 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 9-3 of the Criminal Code
17    of 1961 or the Criminal Code of 2012, relating to the
18    offense of reckless homicide, or a violation of
19    subparagraph (F) of paragraph (1) of subsection (d) of
20    Section 11-501 of this Code, relating to the offense of
21    aggravated driving under the influence of alcohol, other
22    drug or drugs, or intoxicating compound or compounds, or
23    any combination thereof when the violation was a proximate
24    cause of a death, or a similar out-of-state offense, or was
25    suspended or revoked for a violation of Section 11-401 or
26    11-501 of this Code, a similar out-of-state offense, a

 

 

SB2556- 29 -LRB101 15204 TAE 64367 b

1    similar provision of a local ordinance, or a statutory
2    summary suspension or revocation under Section 11-501.1 of
3    this Code.
4    (d-4) Any person convicted of a tenth, eleventh, twelfth,
5thirteenth, or fourteenth violation of this Section is guilty
6of a Class 3 felony, and is not eligible for probation or
7conditional 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 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

 

 

SB2556- 30 -LRB101 15204 TAE 64367 b

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

 

 

SB2556- 31 -LRB101 15204 TAE 64367 b

1    (e) Any person in violation of this Section who is also in
2violation of Section 7-601 of this Code relating to mandatory
3insurance requirements, in addition to other penalties imposed
4under this Section, shall have his or her motor vehicle
5immediately impounded by the arresting law enforcement
6officer. The motor vehicle may be released to any licensed
7driver upon a showing of proof of insurance for the vehicle
8that was impounded and the notarized written consent for the
9release by the vehicle owner.
10    (f) For any prosecution under this Section, a certified
11copy of the driving abstract of the defendant shall be admitted
12as proof of any prior conviction.
13    (g) The motor vehicle used in a violation of this Section
14is subject to seizure and forfeiture as provided in Sections
1536-1 and 36-2 of the Criminal Code of 2012 if the person's
16driving privilege was revoked or suspended as a result of:
17        (1) a violation of Section 11-501 of this Code, a
18    similar provision of a local ordinance, or a similar
19    provision of a law of another state;
20        (2) a violation of paragraph (b) of Section 11-401 of
21    this Code, a similar provision of a local ordinance, or a
22    similar provision of a law of another state;
23        (3) a statutory summary suspension or revocation under
24    Section 11-501.1 of this Code or a similar provision of a
25    law of another state; or
26        (4) a violation of Section 9-3 of the Criminal Code of

 

 

SB2556- 32 -LRB101 15204 TAE 64367 b

1    1961 or the Criminal Code of 2012 relating to the offense
2    of reckless homicide, or a violation of subparagraph (F) of
3    paragraph (1) of subsection (d) of Section 11-501 of this
4    Code, relating to the offense of aggravated driving under
5    the influence of alcohol, other drug or drugs, or
6    intoxicating compound or compounds, or any combination
7    thereof when the violation was a proximate cause of a
8    death, or a similar provision of a law of another state.
9(Source: P.A. 100-149, eff. 1-1-18; 100-575, eff. 1-8-18;
10100-1004, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
11    Section 15. The Clerks of Courts Act is amended by changing
12Section 27.1b as follows:
 
13    (705 ILCS 105/27.1b)
14    (Section scheduled to be repealed on January 1, 2021)
15    Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
16other provision of law, all fees charged by the clerks of the
17circuit court for the services described in this Section shall
18be established, collected, and disbursed in accordance with
19this Section. Except as otherwise specified in this Section,
20all fees under this Section shall be paid in advance and
21disbursed by each clerk on a monthly basis. In a county with a
22population of over 3,000,000, units of local government and
23school districts shall not be required to pay fees under this
24Section in advance and the clerk shall instead send an itemized

 

 

SB2556- 33 -LRB101 15204 TAE 64367 b

1bill to the unit of local government or school district, within
230 days of the fee being incurred, and the unit of local
3government or school district shall be allowed at least 30 days
4from the date of the itemized bill to pay; these payments shall
5be disbursed by each clerk on a monthly basis. Unless otherwise
6specified in this Section, the amount of a fee shall be
7determined by ordinance or resolution of the county board and
8remitted to the county treasurer to be used for purposes
9related to the operation of the court system in the county. In
10a county with population of over 3,000,000, any amount retained
11by the clerk of the circuit court or remitted to the county
12treasurer shall be subject to appropriation by the county
13board.
14    (a) Civil cases. The fee for filing a complaint, petition,
15or other pleading initiating a civil action shall be as set
16forth in the applicable schedule under this subsection in
17accordance with case categories established by the Supreme
18Court in schedules.
19        (1) SCHEDULE 1: not to exceed a total of $366 in a
20    county with a population of 3,000,000 or more and not to
21    exceed $316 in any other county, except as applied to units
22    of local government and school districts in counties with
23    more than 3,000,000 inhabitants an amount not to exceed
24    $190 through December 31, 2021 and $184 on and after
25    January 1, 2022. The fees collected under this schedule
26    shall be disbursed as follows:

 

 

SB2556- 34 -LRB101 15204 TAE 64367 b

1            (A) The clerk shall retain a sum, in an amount not
2        to exceed $55 in a county with a population of
3        3,000,000 or more and in an amount not to exceed $45 in
4        any other county determined by the clerk with the
5        approval of the Supreme Court, to be used for court
6        automation, court document storage, and administrative
7        purposes.
8            (B) The clerk shall remit up to $21 to the State
9        Treasurer. The State Treasurer shall deposit the
10        appropriate amounts, in accordance with the clerk's
11        instructions, as follows:
12                (i) up to $10, as specified by the Supreme
13            Court in accordance with Part 10A of Article II of
14            the Code of Civil Procedure, into the Mandatory
15            Arbitration Fund;
16                (ii) $2 into the Access to Justice Fund; and
17                (iii) $9 into the Supreme Court Special
18            Purposes Fund.
19            (C) The clerk shall remit a sum to the County
20        Treasurer, in an amount not to exceed $290 in a county
21        with a population of 3,000,000 or more and in an amount
22        not to exceed $250 in any other county, as specified by
23        ordinance or resolution passed by the county board, for
24        purposes related to the operation of the court system
25        in the county.
26        (2) SCHEDULE 2: not to exceed a total of $357 in a

 

 

SB2556- 35 -LRB101 15204 TAE 64367 b

1    county with a population of 3,000,000 or more and not to
2    exceed $266 in any other county, except as applied to units
3    of local government and school districts in counties with
4    more than 3,000,000 inhabitants an amount not to exceed
5    $190 through December 31, 2021 and $184 on and after
6    January 1, 2022. The fees collected under this schedule
7    shall be disbursed as follows:
8            (A) The clerk shall retain a sum, in an amount not
9        to exceed $55 in a county with a population of
10        3,000,000 or more and in an amount not to exceed $45 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 up to $21 to the State
16        Treasurer. The State Treasurer shall deposit the
17        appropriate amounts, in accordance with the clerk's
18        instructions, as follows:
19                (i) up to $10, as specified by the Supreme
20            Court in accordance with Part 10A of Article II of
21            the Code of Civil Procedure, into the Mandatory
22            Arbitration Fund;
23                (ii) $2 into the Access to Justice Fund: and
24                (iii) $9 into the Supreme Court Special
25            Purposes Fund.
26            (C) The clerk shall remit a sum to the County

 

 

SB2556- 36 -LRB101 15204 TAE 64367 b

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

 

 

SB2556- 37 -LRB101 15204 TAE 64367 b

1                (ii) $9 into the Supreme Court Special
2            Purposes Fund.
3            (C) The clerk shall remit a sum to the County
4        Treasurer, in an amount not to exceed $199 in a county
5        with a population of 3,000,000 or more and in an amount
6        not to exceed $56 in any other county, as specified by
7        ordinance or resolution passed by the county board, for
8        purposes related to the operation of the court system
9        in the county.
10        (4) SCHEDULE 4: $0.
11    (b) Appearance. The fee for filing an appearance in a civil
12action, including a cannabis civil law action under the
13Cannabis Control Act, shall be as set forth in the applicable
14schedule under this subsection in accordance with case
15categories established by the Supreme Court in schedules.
16        (1) SCHEDULE 1: not to exceed a total of $230 in a
17    county with a population of 3,000,000 or more and not to
18    exceed $191 in any other county, except as applied to units
19    of local government and school districts in counties with
20    more than 3,000,000 inhabitants an amount not to exceed
21    $75. The fees collected under this schedule shall be
22    disbursed as follows:
23            (A) The clerk shall retain a sum, in an amount not
24        to exceed $50 in a county with a population of
25        3,000,000 or more and in an amount not to exceed $45 in
26        any other county determined by the clerk with the

 

 

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1        approval of the Supreme Court, to be used for court
2        automation, court document storage, and administrative
3        purposes.
4            (B) The clerk shall remit up to $21 to the State
5        Treasurer. The State Treasurer shall deposit the
6        appropriate amounts, in accordance with the clerk's
7        instructions, as follows:
8                (i) up to $10, as specified by the Supreme
9            Court in accordance with Part 10A of Article II of
10            the Code of Civil Procedure, into the Mandatory
11            Arbitration Fund;
12                (ii) $2 into the Access to Justice Fund; and
13                (iii) $9 into the Supreme Court Special
14            Purposes Fund.
15            (C) The clerk shall remit a sum to the County
16        Treasurer, in an amount not to exceed $159 in a county
17        with a population of 3,000,000 or more and in an amount
18        not to exceed $125 in any other county, as specified by
19        ordinance or resolution passed by the county board, for
20        purposes related to the operation of the court system
21        in the county.
22        (2) SCHEDULE 2: not to exceed a total of $130 in a
23    county with a population of 3,000,000 or more and not to
24    exceed $109 in any other county, except as applied to units
25    of local government and school districts in counties with
26    more than 3,000,000 inhabitants an amount not to exceed

 

 

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1    $75. The fees collected under this schedule shall be
2    disbursed as follows:
3            (A) The clerk shall retain a sum, in an amount not
4        to exceed $50 in a county with a population of
5        3,000,000 or more and in an amount not to exceed $10 in
6        any other county determined by the clerk with the
7        approval of the Supreme Court, to be used for court
8        automation, court document storage, and administrative
9        purposes.
10            (B) The clerk shall remit $9 to the State
11        Treasurer, which the State Treasurer shall deposit
12        into the Supreme Court Special Purpose Fund.
13            (C) The clerk shall remit a sum to the County
14        Treasurer, in an amount not to exceed $71 in a county
15        with a population of 3,000,000 or more and in an amount
16        not to exceed $90 in any other county, as specified by
17        ordinance or resolution passed by the county board, for
18        purposes related to the operation of the court system
19        in the county.
20        (3) SCHEDULE 3: $0.
21    (b-5) Kane County and Will County. In Kane County and Will
22County civil cases, there is an additional fee of up to $30 as
23set by the county board under Section 5-1101.3 of the Counties
24Code to be paid by each party at the time of filing the first
25pleading, paper, or other appearance; provided that no
26additional fee shall be required if more than one party is

 

 

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1represented in a single pleading, paper, or other appearance.
2Distribution of fees collected under this subsection (b-5)
3shall be as provided in Section 5-1101.3 of the Counties Code.
4    (c) Counterclaim or third party complaint. When any
5defendant files a counterclaim or third party complaint, as
6part of the defendant's answer or otherwise, the defendant
7shall pay a filing fee for each counterclaim or third party
8complaint in an amount equal to the filing fee the defendant
9would have had to pay had the defendant brought a separate
10action for the relief sought in the counterclaim or third party
11complaint, less the amount of the appearance fee, if any, that
12the defendant has already paid in the action in which the
13counterclaim or third party complaint is filed.
14    (d) Alias summons. The clerk shall collect a fee not to
15exceed $6 in a county with a population of 3,000,000 or more
16and not to exceed $5 in any other county for each alias summons
17or citation issued by the clerk, except as applied to units of
18local government and school districts in counties with more
19than 3,000,000 inhabitants an amount not to exceed $5 for each
20alias summons or citation issued by the clerk.
21    (e) Jury services. The clerk shall collect, in addition to
22other fees allowed by law, a sum not to exceed $212.50, as a
23fee for the services of a jury in every civil action not
24quasi-criminal in its nature and not a proceeding for the
25exercise of the right of eminent domain and in every other
26action wherein the right of trial by jury is or may be given by

 

 

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1law. The jury fee shall be paid by the party demanding a jury
2at the time of filing the jury demand. If the fee is not paid by
3either party, no jury shall be called in the action or
4proceeding, and the action or proceeding shall be tried by the
5court without a jury.
6    (f) Change of venue. In connection with a change of venue:
7        (1) The clerk of the jurisdiction from which the case
8    is transferred may charge a fee, not to exceed $40, for the
9    preparation and certification of the record; and
10        (2) The clerk of the jurisdiction to which the case is
11    transferred may charge the same filing fee as if it were
12    the commencement of a new suit.
13    (g) Petition to vacate or modify.
14        (1) In a proceeding involving a petition to vacate or
15    modify any final judgment or order filed within 30 days
16    after the judgment or order was entered, except for an
17    eviction case, small claims case, petition to reopen an
18    estate, petition to modify, terminate, or enforce a
19    judgment or order for child or spousal support, or petition
20    to modify, suspend, or terminate an order for withholding,
21    the fee shall not exceed $60 in a county with a population
22    of 3,000,000 or more and shall not exceed $50 in any other
23    county, except as applied to units of local government and
24    school districts in counties with more than 3,000,000
25    inhabitants an amount not to exceed $50.
26        (2) In a proceeding involving a petition to vacate or

 

 

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1    modify any final judgment or order filed more than 30 days
2    after the judgment or order was entered, except for a
3    petition to modify, terminate, or enforce a judgment or
4    order for child or spousal support, or petition to modify,
5    suspend, or terminate an order for withholding, the fee
6    shall not exceed $75.
7        (3) In a proceeding involving a motion to vacate or
8    amend a final order, motion to vacate an ex parte judgment,
9    judgment of forfeiture, or "failure to appear" or "failure
10    to comply" notices sent to the Secretary of State, the fee
11    shall equal $40.
12    (h) Appeals preparation. The fee for preparation of a
13record on appeal shall be based on the number of pages, as
14follows:
15        (1) if the record contains no more than 100 pages, the
16    fee shall not exceed $70 in a county with a population of
17    3,000,000 or more and shall not exceed $50 in any other
18    county;
19        (2) if the record contains between 100 and 200 pages,
20    the fee shall not exceed $100; and
21        (3) if the record contains 200 or more pages, the clerk
22    may collect an additional fee not to exceed 25 cents per
23    page.
24    (i) Remands. In any cases remanded to the circuit court
25from the Supreme Court or the appellate court for a new trial,
26the clerk shall reinstate the case with either its original

 

 

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1number or a new number. The clerk shall not charge any new or
2additional fee for the reinstatement. Upon reinstatement, the
3clerk shall advise the parties of the reinstatement. Parties
4shall have the same right to a jury trial on remand and
5reinstatement that they had before the appeal, and no
6additional or new fee or charge shall be made for a jury trial
7after remand.
8    (j) Garnishment, wage deduction, and citation. In
9garnishment affidavit, wage deduction affidavit, and citation
10petition proceedings:
11        (1) if the amount in controversy in the proceeding is
12    not more than $1,000, the fee may not exceed $35 in a
13    county with a population of 3,000,000 or more and may not
14    exceed $15 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    $15;
18        (2) if the amount in controversy in the proceeding is
19    greater than $1,000 and not more than $5,000, the fee may
20    not exceed $45 in a county with a population of 3,000,000
21    or more and may not exceed $30 in any other county, except
22    as applied to units of local government and school
23    districts in counties with more than 3,000,000 inhabitants
24    an amount not to exceed $30; and
25        (3) if the amount in controversy in the proceeding is
26    greater than $5,000, the fee may not exceed $65 in a county

 

 

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1    with a population of 3,000,000 or more and may not exceed
2    $50 in any other county, except as applied to units of
3    local government and school districts in counties with more
4    than 3,000,000 inhabitants an amount not to exceed $50.
5    (j-5) Debt collection. In any proceeding to collect a debt
6subject to the exception in item (ii) of subparagraph (A-5) of
7paragraph (1) of subsection (z) of this Section, the circuit
8court shall order and the clerk shall collect from each
9judgment debtor a fee of:
10        (1) $35 if the amount in controversy in the proceeding
11    is not more than $1,000;
12        (2) $45 if the amount in controversy in the proceeding
13    is greater than $1,000 and not more than $5,000; and
14        (3) $65 if the amount in controversy in the proceeding
15    is greater than $5,000.
16    (k) Collections.
17        (1) For all collections made of others, except the
18    State and county and except in maintenance or child support
19    cases, the clerk may collect a fee of up to 2.5% of the
20    amount collected and turned over.
21        (2) In child support and maintenance cases, the clerk
22    may collect an annual fee of up to $36 from the person
23    making payment for maintaining child support records and
24    the processing of support orders to the State of Illinois
25    KIDS system and the recording of payments issued by the
26    State Disbursement Unit for the official record of the

 

 

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1    Court. This fee is in addition to and separate from amounts
2    ordered to be paid as maintenance or child support and
3    shall be deposited into a Separate Maintenance and Child
4    Support Collection Fund, of which the clerk shall be the
5    custodian, ex officio, to be used by the clerk to maintain
6    child support orders and record all payments issued by the
7    State Disbursement Unit for the official record of the
8    Court. The clerk may recover from the person making the
9    maintenance or child support payment any additional cost
10    incurred in the collection of this annual fee.
11        (3) (Blank). The clerk may collect a fee of $5 for
12    certifications made to the Secretary of State as provided
13    in Section 7-703 of the Illinois Vehicle Code, and this fee
14    shall be deposited into the Separate Maintenance and Child
15    Support Collection Fund.
16        (4) In proceedings to foreclose the lien of delinquent
17    real estate taxes, State's Attorneys shall receive a fee of
18    10% of the total amount realized from the sale of real
19    estate sold in the proceedings. The clerk shall collect the
20    fee from the total amount realized from the sale of the
21    real estate sold in the proceedings and remit to the County
22    Treasurer to be credited to the earnings of the Office of
23    the State's Attorney.
24    (l) Mailing. The fee for the clerk mailing documents shall
25not exceed $10 plus the cost of postage.
26    (m) Certified copies. The fee for each certified copy of a

 

 

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1judgment, after the first copy, shall not exceed $10.
2    (n) Certification, authentication, and reproduction.
3        (1) The fee for each certification or authentication
4    for taking the acknowledgment of a deed or other instrument
5    in writing with the seal of office shall not exceed $6.
6        (2) The fee for reproduction of any document contained
7    in the clerk's files shall not exceed:
8            (A) $2 for the first page;
9            (B) 50 cents per page for the next 19 pages; and
10            (C) 25 cents per page for all additional pages.
11    (o) Record search. For each record search, within a
12division or municipal district, the clerk may collect a search
13fee not to exceed $6 for each year searched.
14    (p) Hard copy. For each page of hard copy print output,
15when case records are maintained on an automated medium, the
16clerk may collect a fee not to exceed $10 in a county with a
17population of 3,000,000 or more and not to exceed $6 in any
18other county, except as applied to units of local government
19and school districts in counties with more than 3,000,000
20inhabitants an amount not to exceed $6.
21    (q) Index inquiry and other records. No fee shall be
22charged for a single plaintiff and defendant index inquiry or
23single case record inquiry when this request is made in person
24and the records are maintained in a current automated medium,
25and when no hard copy print output is requested. The fees to be
26charged for management records, multiple case records, and

 

 

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1multiple journal records may be specified by the Chief Judge
2pursuant to the guidelines for access and dissemination of
3information approved by the Supreme Court.
4    (r) Performing a marriage. There shall be a $10 fee for
5performing a marriage in court.
6    (s) Voluntary assignment. For filing each deed of voluntary
7assignment, the clerk shall collect a fee not to exceed $20.
8For recording a deed of voluntary assignment, the clerk shall
9collect a fee not to exceed 50 cents for each 100 words.
10Exceptions filed to claims presented to an assignee of a debtor
11who has made a voluntary assignment for the benefit of
12creditors shall be considered and treated, for the purpose of
13taxing costs therein, as actions in which the party or parties
14filing the exceptions shall be considered as party or parties
15plaintiff, and the claimant or claimants as party or parties
16defendant, and those parties respectively shall pay to the
17clerk the same fees as provided by this Section to be paid in
18other actions.
19    (t) Expungement petition. The clerk may collect a fee not
20to exceed $60 for each expungement petition filed and an
21additional fee not to exceed $4 for each certified copy of an
22order to expunge arrest records.
23    (u) Transcripts of judgment. For the filing of a transcript
24of judgment, the clerk may collect the same fee as if it were
25the commencement of a new suit.
26    (v) Probate filings.

 

 

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1        (1) For each account (other than one final account)
2    filed in the estate of a decedent, or ward, the fee shall
3    not exceed $25.
4        (2) For filing a claim in an estate when the amount
5    claimed is greater than $150 and not more than $500, the
6    fee shall not exceed $40 in a county with a population of
7    3,000,000 or more and shall not exceed $25 in any other
8    county; when the amount claimed is greater than $500 and
9    not more than $10,000, the fee shall not exceed $55 in a
10    county with a population of 3,000,000 or more and shall not
11    exceed $40 in any other county; and when the amount claimed
12    is more than $10,000, the fee shall not exceed $75 in a
13    county with a population of 3,000,000 or more and shall not
14    exceed $60 in any other county; except the court in
15    allowing a claim may add to the amount allowed the filing
16    fee paid by the claimant.
17        (3) For filing in an estate a claim, petition, or
18    supplemental proceeding based upon an action seeking
19    equitable relief including the construction or contest of a
20    will, enforcement of a contract to make a will, and
21    proceedings involving testamentary trusts or the
22    appointment of testamentary trustees, the fee shall not
23    exceed $60.
24        (4) There shall be no fee for filing in an estate: (i)
25    the appearance of any person for the purpose of consent; or
26    (ii) the appearance of an executor, administrator,

 

 

SB2556- 49 -LRB101 15204 TAE 64367 b

1    administrator to collect, guardian, guardian ad litem, or
2    special administrator.
3        (5) For each jury demand, the fee shall not exceed
4    $137.50.
5        (6) For each certified copy of letters of office, of
6    court order, or other certification, the fee shall not
7    exceed $2 per page.
8        (7) For each exemplification, the fee shall not exceed
9    $2, plus the fee for certification.
10        (8) The executor, administrator, guardian, petitioner,
11    or other interested person or his or her attorney shall pay
12    the cost of publication by the clerk directly to the
13    newspaper.
14        (9) The person on whose behalf a charge is incurred for
15    witness, court reporter, appraiser, or other miscellaneous
16    fees shall pay the same directly to the person entitled
17    thereto.
18        (10) The executor, administrator, guardian,
19    petitioner, or other interested person or his or her
20    attorney shall pay to the clerk all postage charges
21    incurred by the clerk in mailing petitions, orders,
22    notices, or other documents pursuant to the provisions of
23    the Probate Act of 1975.
24    (w) Corrections of numbers. For correction of the case
25number, case title, or attorney computer identification
26number, if required by rule of court, on any document filed in

 

 

SB2556- 50 -LRB101 15204 TAE 64367 b

1the clerk's office, to be charged against the party that filed
2the document, the fee shall not exceed $25.
3    (x) Miscellaneous.
4        (1) Interest earned on any fees collected by the clerk
5    shall be turned over to the county general fund as an
6    earning of the office.
7        (2) For any check, draft, or other bank instrument
8    returned to the clerk for non-sufficient funds, account
9    closed, or payment stopped, the clerk shall collect a fee
10    of $25.
11    (y) Other fees. Any fees not covered in this Section shall
12be set by rule or administrative order of the circuit court
13with the approval of the Administrative Office of the Illinois
14Courts. The clerk of the circuit court may provide services in
15connection with the operation of the clerk's office, other than
16those services mentioned in this Section, as may be requested
17by the public and agreed to by the clerk and approved by the
18Chief Judge. Any charges for additional services shall be as
19agreed to between the clerk and the party making the request
20and approved by the Chief Judge. Nothing in this subsection
21shall be construed to require any clerk to provide any service
22not otherwise required by law.
23    (y-5) Unpaid fees. Unless a court ordered payment schedule
24is implemented or the fee requirements of this Section are
25waived under a court order, the clerk of the circuit court may
26add to any unpaid fees and costs under this Section a

 

 

SB2556- 51 -LRB101 15204 TAE 64367 b

1delinquency amount equal to 5% of the unpaid fees that remain
2unpaid after 30 days, 10% of the unpaid fees that remain unpaid
3after 60 days, and 15% of the unpaid fees that remain unpaid
4after 90 days. Notice to those parties may be made by signage
5posting or publication. The additional delinquency amounts
6collected under this Section shall be deposited into the
7Circuit Court Clerk Operations and Administration Fund and used
8to defray additional administrative costs incurred by the clerk
9of the circuit court in collecting unpaid fees and costs.
10    (z) Exceptions.
11        (1) No fee authorized by this Section shall apply to:
12            (A) police departments or other law enforcement
13        agencies. In this Section, "law enforcement agency"
14        means: an agency of the State or agency of a unit of
15        local government which is vested by law or ordinance
16        with the duty to maintain public order and to enforce
17        criminal laws or ordinances; the Attorney General; or
18        any State's Attorney;
19            (A-5) any unit of local government or school
20        district, except in counties having a population of
21        500,000 or more the county board may by resolution set
22        fees for units of local government or school districts
23        no greater than the minimum fees applicable in counties
24        with a population less than 3,000,000; provided
25        however, no fee may be charged to any unit of local
26        government or school district in connection with any

 

 

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1        action which, in whole or in part, is: (i) to enforce
2        an ordinance; (ii) to collect a debt; or (iii) under
3        the Administrative Review Law;
4            (B) any action instituted by the corporate
5        authority of a municipality with more than 1,000,000
6        inhabitants under Section 11-31-1 of the Illinois
7        Municipal Code and any action instituted under
8        subsection (b) of Section 11-31-1 of the Illinois
9        Municipal Code by a private owner or tenant of real
10        property within 1,200 feet of a dangerous or unsafe
11        building seeking an order compelling the owner or
12        owners of the building to take any of the actions
13        authorized under that subsection;
14            (C) any commitment petition or petition for an
15        order authorizing the administration of psychotropic
16        medication or electroconvulsive therapy under the
17        Mental Health and Developmental Disabilities Code;
18            (D) a petitioner in any order of protection
19        proceeding, including, but not limited to, fees for
20        filing, modifying, withdrawing, certifying, or
21        photocopying petitions for orders of protection,
22        issuing alias summons, any related filing service, or
23        certifying, modifying, vacating, or photocopying any
24        orders of protection; or
25            (E) proceedings for the appointment of a
26        confidential intermediary under the Adoption Act.

 

 

SB2556- 53 -LRB101 15204 TAE 64367 b

1        (2) No fee other than the filing fee contained in the
2    applicable schedule in subsection (a) shall be charged to
3    any person in connection with an adoption proceeding.
4        (3) Upon good cause shown, the court may waive any fees
5    associated with a special needs adoption. The term "special
6    needs adoption" has the meaning provided by the Illinois
7    Department of Children and Family Services.
8    (aa) This Section is repealed on January 1, 2021.
9(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
10100-1161, eff. 7-1-19.)
 
11    Section 20. The Illinois Marriage and Dissolution of
12Marriage Act is amended by changing Sections 505 and 607.5 as
13follows:
 
14    (750 ILCS 5/505)  (from Ch. 40, par. 505)
15    Sec. 505. Child support; contempt; penalties.
16    (a) In a proceeding for dissolution of marriage, legal
17separation, declaration of invalidity of marriage, or
18dissolution of a civil union, a proceeding for child support
19following a legal separation or dissolution of the marriage or
20civil union by a court that lacked personal jurisdiction over
21the absent spouse, a proceeding for modification of a previous
22order for child support under Section 510 of this Act, or any
23proceeding authorized under Section 501 or 601 of this Act, the
24court may order either or both parents owing a duty of support

 

 

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1to a child of the marriage or civil union to pay an amount
2reasonable and necessary for support. The duty of support owed
3to a child includes the obligation to provide for the
4reasonable and necessary physical, mental and emotional health
5needs of the child. For purposes of this Section, the term
6"child" shall include any child under age 18 and any child age
719 or younger who is still attending high school. For purposes
8of this Section, the term "obligor" means the parent obligated
9to pay support to the other parent.
10        (1) Child support guidelines. The Illinois Department
11    of Healthcare and Family Services shall adopt rules
12    establishing child support guidelines which include
13    worksheets to aid in the calculation of the child support
14    obligations and a schedule of basic child support
15    obligations that reflects the percentage of combined net
16    income that parents living in the same household in this
17    State ordinarily spend on their child. The child support
18    guidelines have the following purposes:
19            (A) to establish as State policy an adequate
20        standard of support for a child, subject to the ability
21        of parents to pay;
22            (B) to make child support obligations more
23        equitable by ensuring more consistent treatment of
24        parents in similar circumstances;
25            (C) to improve the efficiency of the court process
26        by promoting settlements and giving courts and the

 

 

SB2556- 55 -LRB101 15204 TAE 64367 b

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

 

 

SB2556- 56 -LRB101 15204 TAE 64367 b

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

 

 

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1        children in the household, including, but not limited
2        to, child support, survivor benefits, and foster care
3        payments. Social security disability and retirement
4        benefits paid for the benefit of the subject child must
5        be included in the disabled or retired parent's gross
6        income for purposes of calculating the parent's child
7        support obligation, but the parent is entitled to a
8        child support credit for the amount of benefits paid to
9        the other party for the child. "Gross income" includes
10        maintenance treated as taxable income for federal
11        income tax purposes to the payee and received pursuant
12        to a court order in the pending proceedings or any
13        other proceedings and shall be included in the payee's
14        gross income for purposes of calculating the parent's
15        child support obligation.
16            (B) As used in this Section, "net income" means
17        gross income minus either the standardized tax amount
18        calculated pursuant to subparagraph (C) of this
19        paragraph (3) or the individualized tax amount
20        calculated pursuant to subparagraph (D) of this
21        paragraph (3), and minus any adjustments pursuant to
22        subparagraph (F) of this paragraph (3). The
23        standardized tax amount shall be used unless the
24        requirements for an individualized tax amount set
25        forth in subparagraph (E) of this paragraph (3) are
26        met. "Net income" includes maintenance not includable

 

 

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1        in the gross taxable income of the payee for federal
2        income tax purposes under a court order in the pending
3        proceedings or any other proceedings and shall be
4        included in the payee's net income for purposes of
5        calculating the parent's child support obligation.
6            (C) As used in this Section, "standardized tax
7        amount" means the total of federal and state income
8        taxes for a single person claiming the standard tax
9        deduction, one personal exemption, and the applicable
10        number of dependency exemptions for the minor child or
11        children of the parties, and Social Security and
12        Medicare tax calculated at the Federal Insurance
13        Contributions Act rate.
14                (I) Unless a court has determined otherwise or
15            the parties otherwise agree, the party with the
16            majority of parenting time shall be deemed
17            entitled to claim the dependency exemption for the
18            parties' minor child.
19                (II) The Illinois Department of Healthcare and
20            Family Services shall promulgate a standardized
21            net income conversion table that computes net
22            income by deducting the standardized tax amount
23            from gross income.
24            (D) As used in this Section, "individualized tax
25        amount" means the aggregate of the following taxes:
26                (I) federal income tax (properly calculated

 

 

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

 

 

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1            the method set forth under subparagraph (D), the
2            stipulated method shall be used by the court unless
3            the court rejects the proposed stipulated method
4            for good cause.
5                (II) Summary hearing. If the court determines
6            child support in a summary hearing under Section
7            501 and an eligible party opts in to the
8            individualized tax amount method under this item
9            (II), the individualized tax amount shall be
10            determined by the court on the basis of information
11            contained in one or both parties' Supreme Court
12            approved Financial Affidavit (Family & Divorce
13            Cases) and relevant supporting documents under
14            applicable court rules. No party, however, is
15            eligible to opt in unless the party, under
16            applicable court rules, has served the other party
17            with the required Supreme Court approved Financial
18            Affidavit (Family & Divorce Cases) and has
19            substantially produced supporting documents
20            required by the applicable court rules.
21                (III) Evidentiary hearing. If the court
22            determines child support in an evidentiary
23            hearing, whether for purposes of a temporary order
24            or at the conclusion of a proceeding, item (II) of
25            this subparagraph (E) does not apply. In each such
26            case (unless item (I) governs), the individualized

 

 

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1            tax amount shall be as determined by the court on
2            the basis of the record established.
3            (F) Adjustments to income.
4                (I) Multi-family adjustment. If a parent is
5            also legally responsible for support of a child not
6            shared with the other parent and not subject to the
7            present proceeding, there shall be an adjustment
8            to net income as follows:
9                    (i) Multi-family adjustment with court
10                order. The court shall deduct from the parent's
11                net income the amount of child support actually
12                paid by the parent pursuant to a support order
13                unless the court makes a finding that it would
14                cause economic hardship to the child.
15                    (ii) Multi-family adjustment without court
16                order. Upon the request or application of a
17                parent actually supporting a presumed,
18                acknowledged, or adjudicated child living in
19                or outside of that parent's household, there
20                shall be an adjustment to child support. The
21                court shall deduct from the parent's net income
22                the amount of financial support actually paid
23                by the parent for the child or 75% of the
24                support the parent should pay under the child
25                support guidelines (before this adjustment),
26                whichever is less, unless the court makes a

 

 

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1                finding that it would cause economic hardship
2                to the child. The adjustment shall be
3                calculated using that parent's income alone.
4                (II) Spousal Maintenance adjustment.
5            Obligations pursuant to a court order for spousal
6            maintenance in the pending proceeding actually
7            paid or payable to the same party to whom child
8            support is to be payable or actually paid to a
9            former spouse pursuant to a court order shall be
10            deducted from the parent's after-tax income,
11            unless the maintenance obligation is tax
12            deductible to the payor for federal income tax
13            purposes, in which case it shall be deducted from
14            the payor's gross income for purposes of
15            calculating the parent's child support obligation.
16        (3.1) Business income. For purposes of calculating
17    child support, net business income from the operation of a
18    business means gross receipts minus ordinary and necessary
19    expenses required to carry on the trade or business. As
20    used in this paragraph, "business" includes, but is not
21    limited to, sole proprietorships, closely held
22    corporations, partnerships, other flow-through business
23    entities, and self-employment. The court shall apply the
24    following:
25            (A) The accelerated component of depreciation and
26        any business expenses determined either judicially or

 

 

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1        administratively to be inappropriate or excessive
2        shall be excluded from the total of ordinary and
3        necessary business expenses to be deducted in the
4        determination of net business income from gross
5        business income.
6            (B) Any item of reimbursement or in-kind payment
7        received by a parent from a business, including, but
8        not limited to, a company car, reimbursed meals, free
9        housing, or a housing allowance, shall be counted as
10        income if not otherwise included in the recipient's
11        gross income, if the item is significant in amount and
12        reduces personal expenses.
13        (3.2) Unemployment or underemployment. If a parent is
14    voluntarily unemployed or underemployed, child support
15    shall be calculated based on a determination of potential
16    income. A determination of potential income shall be made
17    by determining employment potential and probable earnings
18    level based on the obligor's work history, occupational
19    qualifications, prevailing job opportunities, the
20    ownership by a parent of a substantial non-income producing
21    asset, and earnings levels in the community. If there is
22    insufficient work history to determine employment
23    potential and probable earnings level, there shall be a
24    rebuttable presumption that the parent's potential income
25    is 75% of the most recent United States Department of
26    Health and Human Services Federal Poverty Guidelines for a

 

 

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1    family of one person.
2        (3.3) Rebuttable presumption in favor of guidelines.
3    There is a rebuttable presumption in any judicial or
4    administrative proceeding for child support that the
5    amount of the child support obligation that would result
6    from the application of the child support guidelines is the
7    correct amount of child support.
8        (3.3a) Minimum child support obligation. There is a
9    rebuttable presumption that a minimum child support
10    obligation of $40 per month, per child, will be entered for
11    an obligor who has actual or imputed gross income at or
12    less than 75% of the most recent United States Department
13    of Health and Human Services Federal Poverty Guidelines for
14    a family of one person, with a maximum total child support
15    obligation for that obligor of $120 per month to be divided
16    equally among all of the obligor's children.
17        (3.3b) Zero dollar child support order. For parents
18    with no gross income, who receive only means-tested
19    assistance, or who cannot work due to a medically proven
20    disability, incarceration, or institutionalization, there
21    is a rebuttable presumption that the $40 per month minimum
22    support order is inapplicable and a zero dollar order shall
23    be entered.
24        (3.4) Deviation factors. In any action to establish or
25    modify child support, whether pursuant to a temporary or
26    final administrative or court order, the child support

 

 

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1    guidelines shall be used as a rebuttable presumption for
2    the establishment or modification of the amount of child
3    support. The court may deviate from the child support
4    guidelines if the application would be inequitable,
5    unjust, or inappropriate. Any deviation from the
6    guidelines shall be accompanied by written findings by the
7    court specifying the reasons for the deviation and the
8    presumed amount under the child support guidelines without
9    a deviation. These reasons may include:
10            (A) extraordinary medical expenditures necessary
11        to preserve the life or health of a party or a child of
12        either or both of the parties;
13            (B) additional expenses incurred for a child
14        subject to the child support order who has special
15        medical, physical, or developmental needs; and
16            (C) any other factor the court determines should be
17        applied upon a finding that the application of the
18        child support guidelines would be inappropriate, after
19        considering the best interest of the child.
20        (3.5) Income in excess of the schedule of basic child
21    support obligation. A court may use its discretion to
22    determine child support if the combined adjusted net income
23    of the parties exceeds the highest level of the schedule of
24    basic child support obligation, except that the basic child
25    support obligation shall not be less than the highest level
26    of combined net income set forth in the schedule of basic

 

 

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1    child support obligation.
2        (3.6) Extracurricular activities and school expenses.
3    The court, in its discretion, in addition to the basic
4    child support obligation, may order either or both parents
5    owing a duty of support to the child to contribute to the
6    reasonable school and extracurricular activity expenses
7    incurred which are intended to enhance the educational,
8    athletic, social, or cultural development of the child.
9        (3.7) Child care expenses. The court, in its
10    discretion, in addition to the basic child support
11    obligation, may order either or both parents owing a duty
12    of support to the child to contribute to the reasonable
13    child care expenses of the child. The child care expenses
14    shall be made payable directly to a party or directly to
15    the child care provider at the time of child care services.
16            (A) "Child care expenses" means actual expenses
17        reasonably necessary to enable a parent or non-parent
18        custodian to be employed, to attend educational or
19        vocational training programs to improve employment
20        opportunities, or to search for employment. "Child
21        care expenses" also includes deposits for securing
22        placement in a child care program, the cost of before
23        and after school care, and camps when school is not in
24        session. A child's special needs shall be a
25        consideration in determining reasonable child care
26        expenses.

 

 

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

 

 

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1        change in the amount of child care expenses that would
2        affect the annualized child care amount as determined
3        in the support order.
4        (3.8) Shared physical care. If each parent exercises
5    146 or more overnights per year with the child, the basic
6    child support obligation is multiplied by 1.5 to calculate
7    the shared care child support obligation. The court shall
8    determine each parent's share of the shared care child
9    support obligation based on the parent's percentage share
10    of combined net income. The child support obligation is
11    then computed for each parent by multiplying that parent's
12    portion of the shared care support obligation by the
13    percentage of time the child spends with the other parent.
14    The respective child support obligations are then offset,
15    with the parent owing more child support paying the
16    difference between the child support amounts. The Illinois
17    Department of Healthcare and Family Services shall
18    promulgate a worksheet to calculate child support in cases
19    in which the parents have shared physical care and use the
20    standardized tax amount to determine net income.
21        (3.9) Split physical care. When there is more than one
22    child and each parent has physical care of at least one but
23    not all of the children, the support is calculated by using
24    2 child support worksheets to determine the support each
25    parent owes the other. The support shall be calculated as
26    follows:

 

 

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1            (A) compute the support the first parent would owe
2        to other parent as if the child in his or her care was
3        the only child of the parties; then
4            (B) compute the support the other parent would owe
5        to the first parent as if the child in his or her care
6        were the only child of the parties; then
7            (C) subtract the lesser support obligation from
8        the greater.
9        The parent who owes the greater obligation shall be
10    ordered to pay the difference in support to the other
11    parent, unless the court determines, pursuant to other
12    provisions of this Section, that it should deviate from the
13    guidelines.
14        (4) Health care.
15            (A) A portion of the basic child support obligation
16        is intended to cover basic ordinary out-of-pocket
17        medical expenses. The court, in its discretion, in
18        addition to the basic child support obligation, shall
19        also provide for the child's current and future medical
20        needs by ordering either or both parents to initiate
21        health insurance coverage for the child through
22        currently effective health insurance policies held by
23        the parent or parents, purchase one or more or all
24        health, dental, or vision insurance policies for the
25        child, or provide for the child's current and future
26        medical needs through some other manner.

 

 

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1            (B) The court, in its discretion, may order either
2        or both parents to contribute to the reasonable health
3        care needs of the child not covered by insurance,
4        including, but not limited to, unreimbursed medical,
5        dental, orthodontic, or vision expenses and any
6        prescription medication for the child not covered
7        under the child's health insurance.
8            (C) If neither parent has access to appropriate
9        private health insurance coverage, the court may
10        order:
11                (I) one or both parents to provide health
12            insurance coverage at any time it becomes
13            available at a reasonable cost; or
14                (II) the parent or non-parent custodian with
15            primary physical responsibility for the child to
16            apply for public health insurance coverage for the
17            child and require either or both parents to pay a
18            reasonable amount of the cost of health insurance
19            for the child.
20            The order may also provide that any time private
21        health insurance coverage is available at a reasonable
22        cost to that party it will be provided instead of cash
23        medical support. As used in this Section, "cash medical
24        support" means an amount ordered to be paid toward the
25        cost of health insurance provided by a public entity or
26        by another person through employment or otherwise or

 

 

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

 

 

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

 

 

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

 

 

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1    in addition to a specific dollar amount and enter such
2    other orders as may be necessary to determine and enforce,
3    on a timely basis, the applicable support ordered.
4        (6) If (i) the obligor was properly served with a
5    request for discovery of financial information relating to
6    the obligor's ability to provide child support, (ii) the
7    obligor failed to comply with the request, despite having
8    been ordered to do so by the court, and (iii) the obligor
9    is not present at the hearing to determine support despite
10    having received proper notice, then any relevant financial
11    information concerning the obligor's ability to provide
12    child support that was obtained pursuant to subpoena and
13    proper notice shall be admitted into evidence without the
14    need to establish any further foundation for its admission.
15    (a-5) In an action to enforce an order for child support
16based on the obligor's failure to make support payments as
17required by the order, notice of proceedings to hold the
18obligor in contempt for that failure may be served on the
19obligor by personal service or by regular mail addressed to the
20last known address of the obligor. The last known address of
21the obligor may be determined from records of the clerk of the
22court, from the Federal Case Registry of Child Support Orders,
23or by any other reasonable means.
24    (b) Failure of either parent to comply with an order to pay
25support shall be punishable as in other cases of contempt. In
26addition to other penalties provided by law the court may,

 

 

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1after finding the parent guilty of contempt, order that the
2parent be:
3        (1) placed on probation with such conditions of
4    probation as the court deems advisable;
5        (2) sentenced to periodic imprisonment for a period not
6    to exceed 6 months; provided, however, that the court may
7    permit the parent to be released for periods of time during
8    the day or night to:
9            (A) work; or
10            (B) conduct a business or other self-employed
11        occupation.
12    The court may further order any part or all of the earnings
13of a parent during a sentence of periodic imprisonment paid to
14the Clerk of the Circuit Court or to the parent having physical
15possession of the child or to the non-parent custodian having
16custody of the child of the sentenced parent for the support of
17the child until further order of the court.
18    If a parent who is found guilty of contempt for failure to
19comply with an order to pay support is a person who conducts a
20business or who is self-employed, the court in addition to
21other penalties provided by law may order that the parent do
22one or more of the following: (i) provide to the court monthly
23financial statements showing income and expenses from the
24business or the self-employment; (ii) seek employment and
25report periodically to the court with a diary, listing, or
26other memorandum of his or her employment search efforts; or

 

 

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1(iii) report to the Department of Employment Security for job
2search services to find employment that will be subject to
3withholding for child support.
4    If there is a unity of interest and ownership sufficient to
5render no financial separation between an obligor and another
6person or persons or business entity, the court may pierce the
7ownership veil of the person, persons, or business entity to
8discover assets of the obligor held in the name of that person,
9those persons, or that business entity. The following
10circumstances are sufficient to authorize a court to order
11discovery of the assets of a person, persons, or business
12entity and to compel the application of any discovered assets
13toward payment on the judgment for support:
14        (1) the obligor and the person, persons, or business
15    entity maintain records together.
16        (2) the obligor and the person, persons, or business
17    entity fail to maintain an arm's length relationship
18    between themselves with regard to any assets.
19        (3) the obligor transfers assets to the person,
20    persons, or business entity with the intent to perpetrate a
21    fraud on the obligee.
22    With respect to assets which are real property, no order
23entered under this paragraph shall affect the rights of bona
24fide purchasers, mortgagees, judgment creditors, or other lien
25holders who acquire their interests in the property prior to
26the time a notice of lis pendens pursuant to the Code of Civil

 

 

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1Procedure or a copy of the order is placed of record in the
2office of the recorder of deeds for the county in which the
3real property is located.
4    The court may also order in cases where the parent is 90
5days or more delinquent in payment of support or has been
6adjudicated in arrears in an amount equal to 90 days obligation
7or more, that the parent's Illinois driving privileges be
8suspended until the court determines that the parent is in
9compliance with the order of support. The court may also order
10that the parent be issued a family financial responsibility
11driving permit that would allow limited driving privileges for
12employment and medical purposes in accordance with Section
137-702.1 of the Illinois Vehicle Code. The Clerk of the Circuit
14Court shall certify the order suspending the driving privileges
15of the parent or granting the issuance of a family financial
16responsibility driving permit to the Secretary of State on
17forms prescribed by the Secretary of State. Upon receipt of the
18authenticated documents, the Secretary of State shall suspend
19the parent's driving privileges until further order of the
20court and shall, if ordered by the court, subject to the
21provisions of Section 7-702.1 of the Illinois Vehicle Code,
22issue a family financial responsibility driving permit to the
23parent.
24    In addition to the penalties or punishment that may be
25imposed under this Section, any person whose conduct
26constitutes a violation of Section 15 of the Non-Support

 

 

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1Punishment Act may be prosecuted under that Act, and a person
2convicted under that Act may be sentenced in accordance with
3that Act. The sentence may include but need not be limited to a
4requirement that the person perform community service under
5Section 50 of that Act or participate in a work alternative
6program under Section 50 of that Act. A person may not be
7required to participate in a work alternative program under
8Section 50 of that Act if the person is currently participating
9in a work program pursuant to Section 505.1 of this Act.
10    A support obligation, or any portion of a support
11obligation, which becomes due and remains unpaid as of the end
12of each month, excluding the child support that was due for
13that month to the extent that it was not paid in that month,
14shall accrue simple interest as set forth in Section 12-109 of
15the Code of Civil Procedure. An order for support entered or
16modified on or after January 1, 2006 shall contain a statement
17that a support obligation required under the order, or any
18portion of a support obligation required under the order, that
19becomes due and remains unpaid as of the end of each month,
20excluding the child support that was due for that month to the
21extent that it was not paid in that month, shall accrue simple
22interest as set forth in Section 12-109 of the Code of Civil
23Procedure. Failure to include the statement in the order for
24support does not affect the validity of the order or the
25accrual of interest as provided in this Section.
26    (c) A one-time charge of 20% is imposable upon the amount

 

 

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1of past-due child support owed on July 1, 1988 which has
2accrued under a support order entered by the court. The charge
3shall be imposed in accordance with the provisions of Section
410-21 of the Illinois Public Aid Code and shall be enforced by
5the court upon petition.
6    (d) Any new or existing support order entered by the court
7under this Section shall be deemed to be a series of judgments
8against the person obligated to pay support thereunder, each
9such judgment to be in the amount of each payment or
10installment of support and each such judgment to be deemed
11entered as of the date the corresponding payment or installment
12becomes due under the terms of the support order. Each such
13judgment shall have the full force, effect and attributes of
14any other judgment of this State, including the ability to be
15enforced. Notwithstanding any other State or local law to the
16contrary, a lien arises by operation of law against the real
17and personal property of the obligor for each installment of
18overdue support owed by the obligor.
19    (e) When child support is to be paid through the Clerk of
20the Court in a county of 500,000 inhabitants or less, the order
21shall direct the obligor to pay to the Clerk, in addition to
22the child support payments, all fees imposed by the county
23board under paragraph (4) of subsection (bb) of Section 27.1a
24of the Clerks of Courts Act. When child support is to be paid
25through the clerk of the court in a county of more than 500,000
26but less than 3,000,000 inhabitants, the order shall direct the

 

 

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

 

 

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1    (g) An order for support shall include a date on which the
2current support obligation terminates. The termination date
3shall be no earlier than the date on which the child covered by
4the order will attain the age of 18. However, if the child will
5not graduate from high school until after attaining the age of
618, then the termination date shall be no earlier than the
7earlier of the date on which the child's high school graduation
8will occur or the date on which the child will attain the age
9of 19. The order for support shall state that the termination
10date does not apply to any arrearage that may remain unpaid on
11that date. Nothing in this subsection shall be construed to
12prevent the court from modifying the order or terminating the
13order in the event the child is otherwise emancipated.
14    (g-5) If there is an unpaid arrearage or delinquency (as
15those terms are defined in the Income Withholding for Support
16Act) equal to at least one month's support obligation on the
17termination date stated in the order for support or, if there
18is no termination date stated in the order, on the date the
19child attains the age of majority or is otherwise emancipated,
20the periodic amount required to be paid for current support of
21that child immediately prior to that date shall automatically
22continue to be an obligation, not as current support but as
23periodic payment toward satisfaction of the unpaid arrearage or
24delinquency. That periodic payment shall be in addition to any
25periodic payment previously required for satisfaction of the
26arrearage or delinquency. The total periodic amount to be paid

 

 

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1toward satisfaction of the arrearage or delinquency may be
2enforced and collected by any method provided by law for
3enforcement and collection of child support, including but not
4limited to income withholding under the Income Withholding for
5Support Act. Each order for support entered or modified on or
6after January 1, 2005 (the effective date of Public Act
793-1061) must contain a statement notifying the parties of the
8requirements of this subsection. Failure to include the
9statement in the order for support does not affect the validity
10of the order or the operation of the provisions of this
11subsection with regard to the order. This subsection shall not
12be construed to prevent or affect the establishment or
13modification of an order for support of a minor child or the
14establishment or modification of an order for support of a
15non-minor child or educational expenses under Section 513 of
16this Act.
17    (h) An order entered under this Section shall include a
18provision requiring either parent to report to the other parent
19and to the Clerk of Court within 10 days each time either
20parent obtains new employment, and each time either parent's
21employment is terminated for any reason. The report shall be in
22writing and shall, in the case of new employment, include the
23name and address of the new employer. Failure to report new
24employment or the termination of current employment, if coupled
25with nonpayment of support for a period in excess of 60 days,
26is indirect criminal contempt. For either parent arrested for

 

 

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1failure to report new employment bond shall be set in the
2amount of the child support that should have been paid during
3the period of unreported employment. An order entered under
4this Section shall also include a provision requiring either
5obligor and obligee to advise the other of a change in
6residence within 5 days of the change except when the court
7finds that the physical, mental, or emotional health of a party
8or that of a child, or both, would be seriously endangered by
9disclosure of the party's address.
10    (i) The court does not lose the powers of contempt,
11driver's license suspension, or other child support
12enforcement mechanisms, including, but not limited to,
13criminal prosecution as set forth in this Act, upon the
14emancipation of the minor child.
15(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764,
16eff. 7-1-17; 100-15, eff. 7-1-17; 100-863, eff. 8-14-18;
17100-923, eff. 1-1-19.)
 
18    (750 ILCS 5/607.5)
19    Sec. 607.5. Abuse of allocated parenting time.
20    (a) The court shall provide an expedited procedure for the
21enforcement of allocated parenting time.
22    (b) An action for the enforcement of allocated parenting
23time may be commenced by a parent or a person appointed under
24Section 506 by filing a petition setting forth: (i) the
25petitioner's name and residence address or mailing address,

 

 

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

 

 

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

 

 

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

 

 

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1    privileges pursuant to Section 7-703 of the Illinois
2    Vehicle Code until the court determines that the party is
3    in compliance with the parenting time order. The court may
4    also order that a party be issued a family financial
5    responsibility driving permit that would allow limited
6    driving privileges for employment, for medical purposes,
7    and to transport a child to or from scheduled parenting
8    time in order to comply with a parenting time order in
9    accordance with subsection (a-1) of Section 7-702.1 of the
10    Illinois Vehicle Code.
11        (2) Placement of a party on probation with such
12    conditions of probation as the court deems advisable.
13        (3) Sentencing of a party to periodic imprisonment for
14    a period not to exceed 6 months; provided, that the court
15    may permit the party to be released for periods of time
16    during the day or night to:
17            (A) work; or
18            (B) conduct a business or other self-employed
19        occupation.
20        (4) Find that a party in engaging in parenting time
21    abuse is guilty of a petty offense and should be fined an
22    amount of no more than $500 for each finding of parenting
23    time abuse.
24    (g) When the court issues an order holding a party in
25contempt of court for violation of a parenting order, the clerk
26shall transmit a copy of the contempt order to the sheriff of

 

 

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1the county. The sheriff shall furnish a copy of each contempt
2order to the Department of State Police on a daily basis in the
3form and manner required by the Department. The Department
4shall maintain a complete record and index of the contempt
5orders and make this data available to all local law
6enforcement agencies.
7    (h) Nothing contained in this Section shall be construed to
8limit the court's contempt power.
9(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
 
10    Section 25. The Non-Support Punishment Act is amended by
11changing Section 50 as follows:
 
12    (750 ILCS 16/50)
13    Sec. 50. Community service; work alternative program.
14    (a) In addition to any other penalties imposed against an
15offender under this Act, the court may order the offender to
16perform community service for not less than 30 and not more
17than 120 hours per month, if community service is available in
18the jurisdiction and is funded and approved by the county board
19of the county where the offense was committed. In addition,
20whenever any person is placed on supervision for committing an
21offense under this Act, the supervision shall be conditioned on
22the performance of the community service.
23    (b) In addition to any other penalties imposed against an
24offender under this Act, the court may sentence the offender to

 

 

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1service in a work alternative program administered by the
2sheriff. The conditions of the program are that the offender
3obtain or retain employment and participate in a work
4alternative program administered by the sheriff during
5non-working hours. A person may not be required to participate
6in a work alternative program under this subsection if the
7person is currently participating in a work program pursuant to
8another provision of this Act, Section 10-11.1 of the Illinois
9Public Aid Code, Section 505.1 of the Illinois Marriage and
10Dissolution of Marriage Act, or Section 806 of the Illinois
11Parentage Act of 2015.
12    (c) In addition to any other penalties imposed against an
13offender under this Act, the court may order, in cases where
14the offender has been in violation of this Act for 90 days or
15more, that the offender's Illinois driving privileges be
16suspended until the court determines that the offender is in
17compliance with this Act.
18    The court may determine that the offender is in compliance
19with this Act if the offender has agreed (i) to pay all
20required amounts of support and maintenance as determined by
21the court or (ii) to the garnishment of his or her income for
22the purpose of paying those amounts.
23    The court may also order that the offender be issued a
24family financial responsibility driving permit that would
25allow limited driving privileges for employment and medical
26purposes in accordance with Section 7-702.1 of the Illinois

 

 

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1Vehicle Code. The clerk of the circuit court shall certify the
2order suspending the driving privileges of the offender or
3granting the issuance of a family financial responsibility
4driving permit to the Secretary of State on forms prescribed by
5the Secretary. Upon receipt of the authenticated documents, the
6Secretary of State shall suspend the offender's driving
7privileges until further order of the court and shall, if
8ordered by the court, subject to the provisions of Section
97-702.1 of the Illinois Vehicle Code, issue a family financial
10responsibility driving permit to the offender.
11    (d) If the court determines that the offender has been in
12violation of this Act for more than 60 days, the court may
13determine whether the offender has applied for or been issued a
14professional license by the Department of Professional
15Regulation or another licensing agency. If the court determines
16that the offender has applied for or been issued such a
17license, the court may certify to the Department of
18Professional Regulation or other licensing agency that the
19offender has been in violation of this Act for more than 60
20days so that the Department or other agency may take
21appropriate steps with respect to the license or application as
22provided in Section 10-65 of the Illinois Administrative
23Procedure Act and Section 2105-15 of the Department of
24Professional Regulation Law of the Civil Administrative Code of
25Illinois. The court may take the actions required under this
26subsection in addition to imposing any other penalty authorized

 

 

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

 

 

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

 

 

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1            (B) the non-custodial parent and the person,
2        persons, or business entity fail to maintain an
3        arm's-length relationship between themselves with
4        regard to any assets.
5            (C) the non-custodial parent transfers assets to
6        the person, persons, or business entity with the intent
7        to perpetrate a fraud on the custodial parent. With
8        respect to assets which are real property, no order
9        entered under this subdivision (3) shall affect the
10        rights of bona fide purchasers, mortgagees, judgment
11        creditors, or other lien holders who acquire their
12        interests in the property prior to the time a notice of
13        lis pendens under the Code of Civil Procedure or a copy
14        of the order is placed of record in the office of the
15        recorder of deeds for the county in which the real
16        property is located.
17        (4) (Blank). Order that, in cases where the party is 90
18    days or more delinquent in payment of support or has been
19    adjudicated in arrears in an amount equal to 90 days
20    obligation or more, the party's Illinois driving
21    privileges be suspended until the court determines that the
22    party is in compliance with the judgment or duty of
23    support. The court may also order that the parent be issued
24    a family financial responsibility driving permit that
25    would allow limited driving privileges for employment and
26    medical purposes in accordance with Section 7-702.1 of the

 

 

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1    Illinois Vehicle Code. The clerk of the circuit court shall
2    certify the order suspending the driving privileges of the
3    parent or granting the issuance of a family financial
4    responsibility driving permit to the Secretary of State on
5    forms prescribed by the Secretary. Upon receipt of the
6    authenticated documents, the Secretary of State shall
7    suspend the party's driving privileges until further order
8    of the court and shall, if ordered by the court and subject
9    to the provisions of Section 7-702.1 of the Illinois
10    Vehicle Code, issue a family financial responsibility
11    driving permit to the parent.
12    In addition to the penalties or punishment that may be
13imposed under this Section, a person whose conduct constitutes
14a violation of Section 15 of the Non-Support Punishment Act may
15be prosecuted under that Act, and a person convicted under that
16Act may be sentenced in accordance with that Act. The sentence
17may include, but need not be limited to, a requirement that the
18person perform community service under Section 50 of that Act
19or participate in a work alternative program under Section 50
20of that Act. A person may not be required to participate in a
21work alternative program under Section 50 of the Non-Support
22Punishment Act if the person is currently participating in a
23work program under Section 806 of this Act.
24    (c) In a post-judgment proceeding to enforce or modify the
25judgment, the parties shall continue to be designated as in the
26original proceeding.

 

 

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1(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)
 
2    (625 ILCS 5/Ch. 7 Art. VII rep.)
3    Section 35. The Illinois Vehicle Code is amended by
4repealing Article VII of Chapter 7.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.