|
| | 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. | |
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Amends the Illinois Vehicle Code. Repeals an Article governing the suspension of a person's driver's license for nonpayment of child support or failure to comply with a visitation order. Makes corresponding changes in the Non-Support Punishment Act, Illinois Parentage Act of 2015, Illinois Public Aid Code, Supreme Court Act, Illinois Marriage and Dissolution of Marriage Act, and Clerks of Courts Act. Effective immediately.
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| | A BILL FOR |
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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Public Aid Code is amended by |
5 | | changing Section 10-17.6 as follows:
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6 | | (305 ILCS 5/10-17.6) (from Ch. 23, par. 10-17.6)
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7 | | Sec. 10-17.6. Certification of
Information to Licensing |
8 | | Agencies. |
9 | | (a) The
Illinois Department may provide by rule for |
10 | | certification to any State
licensing agency to suspend, revoke, |
11 | | or deny issuance or renewal of licenses because of (i) the |
12 | | failure of responsible relatives to comply with subpoenas or |
13 | | warrants relating to paternity or child support proceedings and |
14 | | (ii) past due support owed by responsible relatives under a
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15 | | support order entered by a court or administrative body of this |
16 | | or any
other State on behalf of resident or non-resident |
17 | | persons receiving child support enforcement services under |
18 | | Title IV, Part D of the Social Security Act. The rule shall
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19 | | provide for notice to and an opportunity to be heard by each |
20 | | responsible
relative affected and any final administrative |
21 | | decision rendered by the
Department shall be reviewed only |
22 | | under and in accordance with the
Administrative Review Law.
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23 | | (b) The Illinois Department may provide by rule for |
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1 | | directing the Secretary of State to issue family financial
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2 | | responsibility driving permits upon petition of responsible |
3 | | relatives whose driver's licenses have been suspended in |
4 | | accordance with subsection (b) of Section 7-702.1 of the |
5 | | Illinois Vehicle Code. Any final administrative decisions |
6 | | rendered by the Department upon such petitions shall be |
7 | | reviewable only under and in accordance with the
Administrative |
8 | | Review Law. |
9 | | (Source: P.A. 95-685, eff. 10-23-07; 96-1284, eff. 1-1-11.)
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10 | | Section 10. The Illinois Vehicle Code is amended by |
11 | | changing Sections 6-118, 6-201, and 6-303 as follows:
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12 | | (625 ILCS 5/6-118)
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13 | | Sec. 6-118. Fees. |
14 | | (a) The fees for licenses and permits under this
Article |
15 | | are as follows: |
16 | | Original driver's license .............................$30 |
17 | | Original or renewal driver's license |
18 | | issued to 18, 19 and 20 year olds .................. 5 |
19 | | All driver's licenses for persons |
20 | | age 69 through age 80 .............................. 5 |
21 | | All driver's licenses for persons |
22 | | age 81 through age 86 .............................. 2 |
23 | | All driver's licenses for persons |
24 | | age 87 or older .....................................0 |
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1 | | Renewal driver's license (except for |
2 | | applicants ages 18, 19 and 20 or |
3 | | age 69 and older) ..................................30 |
4 | | Original instruction permit issued to |
5 | | persons (except those age 69 and older) |
6 | | who do not hold or have not previously |
7 | | held an Illinois instruction permit or |
8 | | driver's license .................................. 20 |
9 | | Instruction permit issued to any person |
10 | | holding an Illinois driver's license |
11 | | who wishes a change in classifications, |
12 | | other than at the time of renewal .................. 5 |
13 | | Any instruction permit issued to a person |
14 | | age 69 and older ................................... 5 |
15 | | Instruction permit issued to any person, |
16 | | under age 69, not currently holding a |
17 | | valid Illinois driver's license or |
18 | | instruction permit but who has |
19 | | previously been issued either document |
20 | | in Illinois ....................................... 10 |
21 | | Restricted driving permit .............................. 8 |
22 | | Monitoring device driving permit ...................... 8 |
23 | | Duplicate or corrected driver's license |
24 | | or permit .......................................... 5 |
25 | | Duplicate or corrected restricted |
26 | | driving permit ..................................... 5 |
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1 | | Duplicate or corrected monitoring |
2 | | device driving permit .................................. 5 |
3 | | Duplicate driver's license or permit issued to |
4 | | an active-duty member of the |
5 | | United States Armed Forces, |
6 | | the member's spouse, or |
7 | | the dependent children living |
8 | | with the member ................................... 0 |
9 | | Original or renewal M or L endorsement ................. 5 |
10 | | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE |
11 | | The fees for commercial driver licenses and permits |
12 | | under Article V
shall be as follows: |
13 | | Commercial driver's license: |
14 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund |
15 | | (Commercial Driver's License Information |
16 | | System/American Association of Motor Vehicle |
17 | | Administrators network/National Motor Vehicle |
18 | | Title Information Service Trust Fund); |
19 | | $20 for the Motor Carrier Safety Inspection Fund; |
20 | | $10 for the driver's license; |
21 | | and $24 for the CDL: ............................. $60 |
22 | | Renewal commercial driver's license: |
23 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; |
24 | | $20 for the Motor Carrier Safety Inspection Fund; |
25 | | $10 for the driver's license; and |
26 | | $24 for the CDL: ................................. $60 |
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1 | | Commercial learner's permit |
2 | | issued to any person holding a valid |
3 | | Illinois driver's license for the |
4 | | purpose of changing to a |
5 | | CDL classification: $6 for the |
6 | | CDLIS/AAMVAnet/NMVTIS Trust Fund; |
7 | | $20 for the Motor Carrier |
8 | | Safety Inspection Fund; and |
9 | | $24 for the CDL classification ................... $50 |
10 | | Commercial learner's permit |
11 | | issued to any person holding a valid |
12 | | Illinois CDL for the purpose of |
13 | | making a change in a classification, |
14 | | endorsement or restriction ........................ $5 |
15 | | CDL duplicate or corrected license .................... $5 |
16 | | In order to ensure the proper implementation of the Uniform |
17 | | Commercial
Driver License Act, Article V of this Chapter, the |
18 | | Secretary of State is
empowered to prorate the $24 fee for the |
19 | | commercial driver's license
proportionate to the expiration |
20 | | date of the applicant's Illinois driver's
license. |
21 | | The fee for any duplicate license or permit shall be waived |
22 | | for any
person who presents the Secretary of State's office |
23 | | with a
police report showing that his license or permit was |
24 | | stolen. |
25 | | The fee for any duplicate license or permit shall be waived |
26 | | for any
person age 60 or older whose driver's license or permit |
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1 | | has been lost or stolen. |
2 | | No additional fee shall be charged for a driver's license, |
3 | | or for a
commercial driver's license, when issued
to the holder |
4 | | of an instruction permit for the same classification or
type of |
5 | | license who becomes eligible for such
license. |
6 | | The fee for a restricted driving permit under this |
7 | | subsection (a) shall be imposed annually until the expiration |
8 | | of the permit. |
9 | | (a-5) The fee for a driver's record or data contained |
10 | | therein is $12. |
11 | | (b) Any person whose license or privilege to operate a |
12 | | motor vehicle
in this State has been suspended or revoked under |
13 | | Section 3-707, any
provision of
Chapter 6, Chapter 11, or |
14 | | Section 7-205 or , 7-303 , or 7-702 of the Family
Financial
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15 | | Responsibility Law of this Code, shall in addition to any other
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16 | | fees required by this Code, pay a reinstatement fee as follows: |
17 | | Suspension under Section 3-707 .....................
$100
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18 | | Suspension under Section 11-1431 ....................$100 |
19 | | Summary suspension under Section 11-501.1 ...........$250
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20 | | Suspension under Section 11-501.9 ...................$250 |
21 | | Summary revocation under Section 11-501.1 ............$500 |
22 | | Other suspension ......................................$70 |
23 | | Revocation ...........................................$500 |
24 | | Any However, any person whose license or privilege to |
25 | | operate a motor vehicle
in this State has been suspended or |
26 | | revoked for a second or subsequent time
for a violation of |
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1 | | Section 11-501, 11-501.1, or 11-501.9
of this Code or a similar |
2 | | provision of a local ordinance
or a similar out-of-state |
3 | | offense
or Section 9-3 of the Criminal Code of 1961 or the |
4 | | Criminal Code of 2012
and each suspension or revocation was for |
5 | | a violation of Section 11-501,
11-501.1, or 11-501.9 of this |
6 | | Code or a similar provision of a local ordinance
or a similar |
7 | | out-of-state offense
or Section
9-3 of the Criminal Code of |
8 | | 1961 or the Criminal Code of 2012
shall pay, in addition to any |
9 | | other
fees required by this Code, a
reinstatement
fee as |
10 | | follows: |
11 | | Summary suspension under Section 11-501.1 ............$500 |
12 | | Suspension under Section 11-501.9 ...................$500 |
13 | | Summary revocation under Section 11-501.1 ............$500 |
14 | | Revocation ...........................................$500 |
15 | | (c) All fees collected under the provisions of this Chapter |
16 | | 6 shall be disbursed under subsection (g) of Section 2-119 of |
17 | | this Code,
except as follows: |
18 | | 1. The following amounts shall be paid into the Drivers |
19 | | Education Fund: |
20 | | (A) $16 of the $20
fee for an original driver's |
21 | | instruction permit; |
22 | | (B) $5 of the $30 fee for an original driver's |
23 | | license; |
24 | | (C) $5 of the $30 fee for a 4 year renewal driver's |
25 | | license;
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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
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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
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12 | | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of |
13 | | the $500 fee for reinstatement of a license summarily
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14 | | suspended under
Section 11-501.1 or suspended under |
15 | | Section 11-501.9,
and $190 of the $500 fee for |
16 | | reinstatement of a revoked license
shall be deposited into |
17 | | the Drunk and Drugged Driving Prevention Fund. $190 of the |
18 | | $500 fee for reinstatement of a license summarily revoked |
19 | | pursuant to Section 11-501.1 shall be deposited into the |
20 | | Drunk and Drugged Driving Prevention Fund. |
21 | | 3. $6 of the original or renewal fee for a commercial |
22 | | driver's
license and $6 of the commercial learner's permit |
23 | | fee when the
permit is issued to any person holding a valid |
24 | | Illinois driver's license,
shall be paid into the |
25 | | CDLIS/AAMVAnet/NMVTIS Trust Fund. |
26 | | 4. $30 of the $70 fee for reinstatement of a license |
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1 | | suspended
under the
Family
Financial Responsibility Law |
2 | | shall be paid into the Family Responsibility
Fund. |
3 | | 5. The $5 fee for each original or renewal M or L |
4 | | endorsement shall be
deposited into the Cycle Rider Safety |
5 | | Training Fund. |
6 | | 6. $20 of any original or renewal fee for a commercial |
7 | | driver's
license or commercial learner's permit shall be |
8 | | paid into the Motor
Carrier Safety Inspection Fund. |
9 | | 7. The following amounts shall be paid into the General |
10 | | Revenue Fund: |
11 | | (A) $190 of the $250 reinstatement fee for a |
12 | | summary suspension under
Section 11-501.1 or a |
13 | | suspension under Section 11-501.9; |
14 | | (B) $40 of the $70 reinstatement fee for any other |
15 | | suspension provided
in subsection (b) of this Section; |
16 | | and |
17 | | (C) $440 of the $500 reinstatement fee for a first |
18 | | offense revocation
and $310 of the $500 reinstatement |
19 | | fee for a second or subsequent revocation. |
20 | | 8. Fees collected under paragraph (4) of subsection (d) |
21 | | and subsection (h) of Section 6-205 of this Code; |
22 | | subparagraph (C) of paragraph 3 of subsection (c) of |
23 | | Section 6-206 of this Code; and paragraph (4) of subsection |
24 | | (a) of Section 6-206.1 of this Code, shall be paid into the |
25 | | funds set forth in those Sections. |
26 | | (d) All of the proceeds of the additional fees imposed by |
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1 | | this amendatory Act of the 96th General Assembly shall be |
2 | | deposited into the Capital Projects Fund. |
3 | | (e) The additional fees imposed by this amendatory Act of |
4 | | the 96th General Assembly shall become effective 90 days after |
5 | | becoming law. |
6 | | (f) As used in this Section, "active-duty member of the |
7 | | United States Armed Forces" means a member of the Armed |
8 | | Services or Reserve Forces of the United States or a member of |
9 | | the Illinois National Guard who is called to active duty |
10 | | pursuant to an executive order of the President of the United |
11 | | States, an act of the Congress of the United States, or an |
12 | | order of the Governor. |
13 | | (Source: P.A. 100-590, eff. 6-8-18; 100-803, eff. 1-1-19; |
14 | | 101-81, eff. 7-12-19.)
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15 | | (625 ILCS 5/6-201)
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16 | | Sec. 6-201. Authority to cancel licenses and permits.
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17 | | (a) The Secretary of State is authorized to cancel any |
18 | | license or permit
upon determining that the holder thereof:
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19 | | 1. was not entitled to the issuance thereof hereunder; |
20 | | or
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21 | | 2. failed to give the required or correct information |
22 | | in his
application; or
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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
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3 | | 5. is ineligible therefor under the provisions of |
4 | | Section 6-103 of this
Act, as amended; or
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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15 | | 8. failed to submit a report as required by Section |
16 | | 6-116.5 of this
Code; or
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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
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24 | | 10. is ineligible for a license or permit under Section |
25 | | 6-107, 6-107.1, or
6-108 of this Code; or
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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
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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 |
13 | | surrender the
license or permit so cancelled to the Secretary |
14 | | of State.
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15 | | (c) Except as provided in Section Sections 6-206.1 , and |
16 | | 7-702.1,
the Secretary of State
shall have exclusive authority |
17 | | to grant, issue, deny, cancel, suspend and
revoke driving |
18 | | privileges, drivers' licenses and restricted driving permits.
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19 | | (d) The Secretary of State may adopt rules to implement |
20 | | this Section.
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21 | | (Source: P.A. 100-409, eff. 8-25-17; 100-803, eff. 1-1-19 .)
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22 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
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23 | | Sec. 6-303. Driving while driver's license, permit, or |
24 | | privilege to
operate a motor vehicle is suspended or revoked.
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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 |
2 | | of a motor
vehicle on any highway of this State at a time when |
3 | | such person's driver's
license, permit, or privilege to do so |
4 | | or the privilege to obtain a driver's
license or permit is |
5 | | revoked or suspended as provided by this Code or the law
of |
6 | | another state, except as may be specifically allowed by a |
7 | | judicial driving
permit issued prior to January 1, 2009, |
8 | | monitoring device driving permit, family financial |
9 | | responsibility driving permit, probationary
license to drive, |
10 | | or a restricted driving permit issued pursuant to this Code
or |
11 | | under the law of another state, shall be guilty of a Class A |
12 | | misdemeanor.
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13 | | (a-3) A second or subsequent violation of subsection (a) of |
14 | | this Section is a Class 4 felony if committed by a person whose |
15 | | driving or operation of a motor vehicle is the proximate cause |
16 | | of a motor vehicle accident that causes personal injury or |
17 | | death to another. For purposes of this subsection, a personal |
18 | | injury includes any Type A injury as indicated on the traffic |
19 | | accident report completed by a law enforcement officer that |
20 | | requires immediate professional attention in either a doctor's |
21 | | office or a medical facility. A Type A injury includes severe |
22 | | bleeding wounds, distorted extremities, and injuries that |
23 | | require the injured party to be carried from the scene. |
24 | | (a-5) Any person who violates this Section as provided in |
25 | | subsection (a) while his or her driver's license, permit, or |
26 | | privilege is revoked because of a violation of Section 9-3 of |
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1 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
2 | | relating to the offense of reckless homicide, or a violation of |
3 | | subparagraph (F) of paragraph (1) of subsection (d) of Section |
4 | | 11-501 of this Code, relating to the offense of aggravated |
5 | | driving under the influence of alcohol, other drug or drugs, or |
6 | | intoxicating compound or compounds, or any combination thereof |
7 | | when the violation was a proximate cause of a death, or a |
8 | | similar provision of a law of another state, is guilty of a |
9 | | Class 4 felony. The person shall be required to undergo a |
10 | | professional evaluation, as provided in Section 11-501 of this |
11 | | Code, to determine if an alcohol, drug, or intoxicating |
12 | | compound problem exists and the extent of the problem, and to |
13 | | undergo the imposition of treatment as appropriate.
|
14 | | (a-7) Any person who violates this Section as provided in |
15 | | subsection (a) while his or her driver's license or privilege |
16 | | to drive is suspended under Section 6-306.5 or 7-702 of this |
17 | | Code shall receive a Uniform Traffic Citation from the law |
18 | | enforcement officer. A person who receives 3 or more Uniform |
19 | | Traffic Citations under this subsection (a-7) without paying |
20 | | any fees associated with the citations shall be guilty of a |
21 | | Class A misdemeanor. |
22 | | (a-10) A person's driver's license, permit, or privilege to |
23 | | obtain a driver's license or permit may be subject to multiple |
24 | | revocations, multiple suspensions, or any combination of both |
25 | | simultaneously. No revocation or suspension shall serve to |
26 | | negate, invalidate, cancel, postpone, or in any way lessen the |
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1 | | effect of any other revocation or suspension entered prior or |
2 | | subsequent to any other revocation or suspension. |
3 | | (b) (Blank). |
4 | | (b-1) Except for a person under subsection (a-7) of this |
5 | | Section, upon receiving a report of the conviction of any |
6 | | violation indicating a person was operating a motor vehicle |
7 | | during the time when the person's driver's license, permit, or |
8 | | privilege was suspended by the Secretary of State or the |
9 | | driver's licensing administrator of another state, except as |
10 | | specifically allowed by a probationary license, judicial |
11 | | driving permit, restricted driving permit, or monitoring |
12 | | device driving permit, the Secretary shall extend the |
13 | | suspension for the same period of time as the originally |
14 | | imposed suspension unless the suspension has already expired, |
15 | | in which case the Secretary shall be authorized to suspend the |
16 | | person's driving privileges for the same period of time as the |
17 | | originally imposed suspension. |
18 | | (b-2) Except as provided in subsection (b-6) or (a-7), upon |
19 | | receiving a report of the conviction of any violation |
20 | | indicating a person was operating a motor vehicle when the |
21 | | person's driver's license, permit, or privilege was revoked by |
22 | | the Secretary of State or the driver's license administrator of |
23 | | any other state, except as specifically allowed by a restricted |
24 | | driving permit issued pursuant to this Code or the law of |
25 | | another state, the Secretary shall not issue a driver's license |
26 | | for an additional period of one year from the date of such |
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1 | | conviction indicating such person was operating a vehicle |
2 | | during such period of revocation. |
3 | | (b-3) (Blank).
|
4 | | (b-4) When the Secretary of State receives a report of a |
5 | | conviction of any violation indicating a person was operating a |
6 | | motor vehicle that was not equipped with an ignition interlock |
7 | | device during a time when the person was prohibited from |
8 | | operating a motor vehicle not equipped with such a device, the |
9 | | Secretary shall not issue a driver's license to that person for |
10 | | an additional period of one year from the date of the |
11 | | conviction.
|
12 | | (b-5) Any person convicted of violating this Section shall |
13 | | serve a minimum
term of imprisonment of 30 consecutive days or |
14 | | 300
hours of community service
when the person's driving |
15 | | privilege was revoked or suspended as a result of a violation |
16 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
17 | | Code of 2012,
relating to the offense of reckless homicide, or |
18 | | a violation of subparagraph (F) of paragraph (1) of subsection |
19 | | (d) of Section 11-501 of this Code, relating to the offense of |
20 | | aggravated driving under the influence of alcohol, other drug |
21 | | or drugs, or intoxicating compound or compounds, or any |
22 | | combination thereof when the violation was a proximate cause of |
23 | | a death, or a similar provision of a law of another state.
The |
24 | | court may give credit toward the fulfillment of community |
25 | | service hours for participation in activities and treatment as |
26 | | determined by court services. |
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1 | | (b-6) Upon receiving a report of a first conviction of |
2 | | operating a motor vehicle while the person's driver's license, |
3 | | permit, or privilege was revoked where the revocation was for a |
4 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
5 | | Criminal Code of 2012 relating to the offense of reckless |
6 | | homicide, or a violation of subparagraph (F) of paragraph (1) |
7 | | of subsection (d) of Section 11-501 of this Code, relating to |
8 | | the offense of aggravated driving under the influence of |
9 | | alcohol, other drug or drugs, or intoxicating compound or |
10 | | compounds, or any combination thereof when the violation was a |
11 | | proximate cause of a death, or a similar out-of-state offense, |
12 | | the Secretary shall not issue a driver's license for an |
13 | | additional period of 3 years from the date of such conviction. |
14 | | (c) Except as provided in subsections (c-3) and (c-4), any |
15 | | person convicted of violating this Section shall serve a |
16 | | minimum
term of imprisonment of 10 consecutive days or 30
days |
17 | | of community service
when the person's driving privilege was |
18 | | revoked 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 |
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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 |
5 | | not 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 |
8 | | shall be ordered by the court to serve a
minimum
of 100 hours |
9 | | of community service. The court may give credit toward the |
10 | | fulfillment of community service hours for participation in |
11 | | activities and treatment as determined by court services.
|
12 | | (c-2) In addition to other penalties imposed under this |
13 | | Section, the
court may impose on any person convicted a fourth |
14 | | time 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 |
20 | | during a period of summary suspension imposed pursuant to |
21 | | Section 11-501.1 when the person was eligible for a monitoring |
22 | | device driving permit shall be guilty of a Class 4 felony and |
23 | | shall serve a minimum term of imprisonment of 30 days. |
24 | | (c-4) Any person who has been issued a monitoring device |
25 | | driving permit or a restricted driving permit which requires |
26 | | the person to operate only motor vehicles equipped with an |
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1 | | ignition interlock device and who is convicted of a violation |
2 | | of this Section as a result of operating or being in actual |
3 | | physical control of a motor vehicle not equipped with an |
4 | | ignition interlock device at the time of the offense shall be |
5 | | guilty of a Class 4 felony and shall serve a minimum term of |
6 | | imprisonment of 30 days.
|
7 | | (c-5) Any person convicted of a second violation of this
|
8 | | Section is guilty of a Class 2 felony, is not eligible for |
9 | | probation or conditional discharge, and shall serve a mandatory |
10 | | term 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 |
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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
|
13 | | Section shall be guilty of a Class 4 felony and shall serve a |
14 | | minimum term of
imprisonment of 30 days or 300 hours of |
15 | | community 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 |
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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 |
12 | | community service hours for participation in activities and |
13 | | treatment 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 |
16 | | subsequent violation of this Section shall serve a minimum term |
17 | | of
imprisonment of 30 days or 300 hours of community service, |
18 | | as determined by the
court. The court may give credit toward |
19 | | the fulfillment of community service hours for participation in |
20 | | activities and treatment as determined by court services.
|
21 | | (d-2) Any person convicted of a third violation of this
|
22 | | Section is guilty of a Class 4 felony and must serve a minimum |
23 | | term 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 |
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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
|
20 | | Section is guilty of a Class 1 felony, is not eligible for |
21 | | probation or conditional discharge, and must serve a mandatory |
22 | | term 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, |
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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, |
26 | | seventh, eighth, or ninth violation of this
Section is guilty |
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1 | | of a Class 4 felony and must serve a minimum term of
|
2 | | imprisonment 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 |
25 | | violation of this
Section is guilty of a Class 1 felony, is not |
26 | | eligible for probation or conditional discharge, must serve a |
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1 | | mandatory term of
imprisonment, and is eligible for an extended |
2 | | term, 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 |
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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, |
5 | | thirteenth, or fourteenth violation of this Section is guilty |
6 | | of a Class 3 felony, and is not eligible for probation or |
7 | | conditional discharge, if: |
8 | | (1) the current violation occurred when the person's |
9 | | driver's license was suspended or revoked for a violation |
10 | | of Section 11-401 or 11-501 of this Code, or a similar |
11 | | out-of-state offense, or a similar provision of a local |
12 | | ordinance, or a statutory summary suspension or revocation |
13 | | under Section 11-501.1 of this Code; and |
14 | | (2) the prior convictions under this Section occurred |
15 | | while the person's driver's license was suspended or |
16 | | revoked for a violation of Section 11-401 or 11-501 of this |
17 | | Code, a similar out-of-state offense, a similar provision |
18 | | of a local ordinance, or a statutory suspension or |
19 | | revocation under Section 11-501.1 of this Code, or for a |
20 | | violation of Section 9-3 of the Criminal Code of 1961 or |
21 | | the Criminal Code of 2012, relating to the offense of |
22 | | reckless homicide, or a violation of subparagraph (F) of |
23 | | paragraph (1) of subsection (d) of Section 11-501 of this |
24 | | Code, relating to the offense of aggravated driving under |
25 | | the influence of alcohol, other drug or drugs, or |
26 | | intoxicating compound or compounds, or any combination |
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1 | | thereof when the violation was a proximate cause of a |
2 | | death, or a similar out-of-state offense. |
3 | | (d-5) Any person convicted of a fifteenth or subsequent |
4 | | violation of this Section is guilty of a Class 2 felony, and is |
5 | | not 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.
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1 | | (e) Any person in violation of this Section who is also in |
2 | | violation of
Section 7-601 of this Code relating to mandatory |
3 | | insurance requirements, in
addition to other penalties imposed |
4 | | under this Section, shall have his or her
motor vehicle |
5 | | immediately impounded by the arresting law enforcement |
6 | | officer.
The motor vehicle may be released to any licensed |
7 | | driver upon a showing of
proof of insurance for the vehicle |
8 | | that was impounded and the notarized written
consent for the |
9 | | release by the vehicle owner.
|
10 | | (f) For any prosecution under this Section, a certified |
11 | | copy of the
driving abstract of the defendant shall be admitted |
12 | | as proof of any prior
conviction.
|
13 | | (g) The motor vehicle used in a violation of this Section |
14 | | is subject
to seizure and forfeiture as provided in Sections |
15 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's |
16 | | driving 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 |
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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; |
10 | | 100-1004, eff. 1-1-19; 101-81, eff. 7-12-19.)
|
11 | | Section 15. The Clerks of Courts Act is amended by changing |
12 | | Section 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 |
16 | | other provision of law, all fees charged by the clerks of the |
17 | | circuit court for the services described in this Section shall |
18 | | be established, collected, and disbursed in accordance with |
19 | | this Section. Except as otherwise specified in this Section, |
20 | | all fees under this Section shall be paid in advance and |
21 | | disbursed by each clerk on a monthly basis. In a county with a |
22 | | population of over 3,000,000, units of local government and |
23 | | school districts shall not be required to pay fees under this |
24 | | Section in advance and the clerk shall instead send an itemized |
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1 | | bill to the unit of local government or school district, within |
2 | | 30 days of the fee being incurred, and the unit of local |
3 | | government or school district shall be allowed at least 30 days |
4 | | from the date of the itemized bill to pay; these payments shall |
5 | | be disbursed by each clerk on a monthly basis. Unless otherwise |
6 | | specified in this Section, the amount of a fee shall be |
7 | | determined by ordinance or resolution of the county board and |
8 | | remitted to the county treasurer to be used for purposes |
9 | | related to the operation of the court system in the county. In |
10 | | a county with population of over 3,000,000, any amount retained |
11 | | by the clerk of the circuit court or remitted to the county |
12 | | treasurer shall be subject to appropriation by the county |
13 | | board. |
14 | | (a) Civil cases. The fee for filing a complaint, petition, |
15 | | or other pleading initiating a civil action shall be as set |
16 | | forth in the applicable schedule under this subsection in |
17 | | accordance with case categories established by the Supreme |
18 | | Court 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: |
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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 |
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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 |
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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 |
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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 |
12 | | action, including a cannabis civil law action under the |
13 | | Cannabis Control Act, shall be as set forth in the applicable |
14 | | schedule under this subsection in accordance with case |
15 | | categories 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 |
22 | | County civil cases, there is an additional fee of up to $30 as |
23 | | set by the county board under Section 5-1101.3 of the Counties |
24 | | Code to be paid by each party at the time of filing the first |
25 | | pleading, paper, or other appearance; provided that no |
26 | | additional fee shall be required if more than one party is |
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1 | | represented in a single pleading, paper, or other appearance. |
2 | | Distribution of fees collected under this subsection (b-5) |
3 | | shall be as provided in Section 5-1101.3 of the Counties Code. |
4 | | (c) Counterclaim or third party complaint. When any |
5 | | defendant files a counterclaim or third party complaint, as |
6 | | part of the defendant's answer or otherwise, the defendant |
7 | | shall pay a filing fee for each counterclaim or third party |
8 | | complaint in an amount equal to the filing fee the defendant |
9 | | would have had to pay had the defendant brought a separate |
10 | | action for the relief sought in the counterclaim or third party |
11 | | complaint, less the amount of the appearance fee, if any, that |
12 | | the defendant has already paid in the action in which the |
13 | | counterclaim or third party complaint is filed. |
14 | | (d) Alias summons. The clerk shall collect a fee not to |
15 | | exceed $6 in a county with a population of 3,000,000 or more |
16 | | and not to exceed $5 in any other county for each alias summons |
17 | | or citation issued by the clerk, except as applied to units of |
18 | | local government and school districts in counties with more |
19 | | than 3,000,000 inhabitants an amount not to exceed $5 for each |
20 | | alias summons or citation issued by the clerk. |
21 | | (e) Jury services. The clerk shall collect, in addition to |
22 | | other fees allowed by law, a sum not to exceed $212.50, as a |
23 | | fee for the services of a jury in every civil action not |
24 | | quasi-criminal in its nature and not a proceeding for the |
25 | | exercise of the right of eminent domain and in every other |
26 | | action wherein the right of trial by jury is or may be given by |
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1 | | law. The jury fee shall be paid by the party demanding a jury |
2 | | at the time of filing the jury demand. If the fee is not paid by |
3 | | either party, no jury shall be called in the action or |
4 | | proceeding, and the action or proceeding shall be tried by the |
5 | | court 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 |
13 | | record on appeal shall be based on the number of pages, as |
14 | | follows: |
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 |
25 | | from the Supreme Court or the appellate court for a new trial, |
26 | | the clerk shall reinstate the case with either its original |
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1 | | number or a new number. The clerk shall not charge any new or |
2 | | additional fee for the reinstatement. Upon reinstatement, the |
3 | | clerk shall advise the parties of the reinstatement. Parties |
4 | | shall have the same right to a jury trial on remand and |
5 | | reinstatement that they had before the appeal, and no |
6 | | additional or new fee or charge shall be made for a jury trial |
7 | | after remand. |
8 | | (j) Garnishment, wage deduction, and citation. In |
9 | | garnishment affidavit, wage deduction affidavit, and citation |
10 | | petition 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 |
6 | | subject to the exception in item (ii) of subparagraph (A-5) of |
7 | | paragraph (1) of subsection (z) of this Section, the circuit |
8 | | court shall order and the clerk shall collect from each |
9 | | judgment 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 |
25 | | not exceed $10 plus the cost of postage. |
26 | | (m) Certified copies. The fee for each certified copy of a |
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1 | | judgment, 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 |
12 | | division or municipal district, the clerk may collect a search |
13 | | fee not to exceed $6 for each year searched. |
14 | | (p) Hard copy. For each page of hard copy print output, |
15 | | when case records are maintained on an automated medium, the |
16 | | clerk may collect a fee not to exceed $10 in a county with a |
17 | | population of 3,000,000 or more and not to exceed $6 in any |
18 | | other county, except as applied to units of local government |
19 | | and school districts in counties with more than 3,000,000 |
20 | | inhabitants an amount not to exceed $6. |
21 | | (q) Index inquiry and other records. No fee shall be |
22 | | charged for a single plaintiff and defendant index inquiry or |
23 | | single case record inquiry when this request is made in person |
24 | | and the records are maintained in a current automated medium, |
25 | | and when no hard copy print output is requested. The fees to be |
26 | | charged for management records, multiple case records, and |
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1 | | multiple journal records may be specified by the Chief Judge |
2 | | pursuant to the guidelines for access and dissemination of |
3 | | information approved by the Supreme Court. |
4 | | (r) Performing a marriage. There shall be a $10 fee for |
5 | | performing a marriage in court. |
6 | | (s) Voluntary assignment. For filing each deed of voluntary |
7 | | assignment, the clerk shall collect a fee not to exceed $20. |
8 | | For recording a deed of voluntary assignment, the clerk shall |
9 | | collect a fee not to exceed 50 cents for each 100 words. |
10 | | Exceptions filed to claims presented to an assignee of a debtor |
11 | | who has made a voluntary assignment for the benefit of |
12 | | creditors shall be considered and treated, for the purpose of |
13 | | taxing costs therein, as actions in which the party or parties |
14 | | filing the exceptions shall be considered as party or parties |
15 | | plaintiff, and the claimant or claimants as party or parties |
16 | | defendant, and those parties respectively shall pay to the |
17 | | clerk the same fees as provided by this Section to be paid in |
18 | | other actions. |
19 | | (t) Expungement petition. The clerk may collect a fee not |
20 | | to exceed $60 for each expungement petition filed and an |
21 | | additional fee not to exceed $4 for each certified copy of an |
22 | | order to expunge arrest records. |
23 | | (u) Transcripts of judgment. For the filing of a transcript |
24 | | of judgment, the clerk may collect the same fee as if it were |
25 | | the 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, |
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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 |
25 | | number, case title, or attorney computer identification |
26 | | number, if required by rule of court, on any document filed in |
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1 | | the clerk's office, to be charged against the party that filed |
2 | | the 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 |
12 | | be set by rule or administrative order of the circuit court |
13 | | with the approval of the Administrative Office of the Illinois |
14 | | Courts. The clerk of the circuit court may provide services in |
15 | | connection with the operation of the clerk's office, other than |
16 | | those services mentioned in this Section, as may be requested |
17 | | by the public and agreed to by the clerk and approved by the |
18 | | Chief Judge. Any charges for additional services shall be as |
19 | | agreed to between the clerk and the party making the request |
20 | | and approved by the Chief Judge. Nothing in this subsection |
21 | | shall be construed to require any clerk to provide any service |
22 | | not otherwise required by law. |
23 | | (y-5) Unpaid fees. Unless a court ordered payment schedule |
24 | | is implemented or the fee
requirements of this Section are |
25 | | waived under a court order, the clerk of
the circuit court may |
26 | | add to any unpaid fees and costs under this Section a |
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1 | | delinquency
amount equal to 5% of the unpaid fees that remain |
2 | | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid |
3 | | after 60 days, and 15% of the unpaid fees
that remain unpaid |
4 | | after 90 days. Notice to those parties may be made by
signage |
5 | | posting or publication. The additional delinquency amounts |
6 | | collected under this Section shall
be deposited into the |
7 | | Circuit Court Clerk Operations and Administration Fund and used |
8 | | to defray additional administrative costs incurred by the clerk |
9 | | of 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. |
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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; |
10 | | 100-1161, eff. 7-1-19 .) |
11 | | Section 20. The Illinois Marriage and Dissolution of |
12 | | Marriage Act is amended by changing Sections 505 and 607.5 as |
13 | | follows:
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14 | | (750 ILCS 5/505) (from Ch. 40, par. 505)
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15 | | Sec. 505. Child support; contempt; penalties.
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16 | | (a) In a proceeding for dissolution of marriage, legal |
17 | | separation,
declaration of invalidity of marriage, or |
18 | | dissolution of a civil union, a proceeding for child support
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19 | | following a legal separation or dissolution of the marriage or |
20 | | civil union by a court that lacked personal
jurisdiction over |
21 | | the absent spouse, a proceeding for modification of a
previous |
22 | | order for child support under Section 510 of this Act, or any
|
23 | | proceeding authorized under Section 501 or 601 of this Act, the |
24 | | court may
order either or both parents owing a duty of support |
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1 | | to a child of the
marriage or civil union to pay an amount |
2 | | reasonable and necessary for support. The duty of support owed |
3 | | to a child
includes the obligation to provide for the |
4 | | reasonable and necessary physical, mental and emotional health |
5 | | needs of the child.
For purposes of this Section, the term |
6 | | "child" shall include any child under
age 18 and
any child age |
7 | | 19 or younger who is still attending high school. For purposes |
8 | | of this Section, the term "obligor" means the parent obligated |
9 | | to pay support to the other parent.
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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 |
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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 |
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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.
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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.
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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 |
16 | | based on the obligor's
failure
to make support payments as |
17 | | required by the order, notice of proceedings to
hold the |
18 | | obligor in contempt for that failure may be served on the |
19 | | obligor
by personal service or by regular mail addressed to the |
20 | | last known address of the obligor. The last known address of |
21 | | the obligor may be determined from
records of the clerk of the |
22 | | court, from the Federal Case Registry of Child
Support Orders, |
23 | | or by any other reasonable means.
|
24 | | (b) Failure of either parent to comply with an order to pay |
25 | | support shall
be punishable as in other cases of contempt. In |
26 | | addition to other
penalties provided by law the court may, |
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1 | | after finding the parent guilty
of contempt, order that the |
2 | | parent 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 |
13 | | of a parent
during a sentence of periodic imprisonment paid to |
14 | | the Clerk of the Circuit
Court or to the parent having physical |
15 | | possession of the child or to the non-parent custodian having |
16 | | custody
of the child of the sentenced parent for the support of |
17 | | the child until further order of the court.
|
18 | | If a parent who is found guilty of contempt for failure to |
19 | | comply with an order to pay support is a person who conducts a |
20 | | business or who is self-employed, the court in addition to |
21 | | other penalties provided by law may order that the parent do |
22 | | one or more of the following: (i) provide to the court monthly |
23 | | financial statements showing income and expenses from the |
24 | | business or the self-employment; (ii) seek employment and |
25 | | report periodically to the court with a diary, listing, or |
26 | | other memorandum of his or her employment search efforts; or |
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1 | | (iii) report to the Department of Employment Security for job |
2 | | search services to find employment that will be subject to |
3 | | withholding for child support. |
4 | | If there is a unity of interest and ownership sufficient to |
5 | | render no
financial separation between an obligor and another |
6 | | person or
persons or business entity, the court may pierce the |
7 | | ownership veil of the
person, persons, or business entity to |
8 | | discover assets of the obligor held in the name of that person, |
9 | | those persons, or that business entity.
The following |
10 | | circumstances are sufficient to authorize a court to order
|
11 | | discovery of the assets of a person, persons, or business |
12 | | entity and to compel
the application of any discovered assets |
13 | | toward 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 |
23 | | entered under this paragraph shall affect the
rights of bona |
24 | | fide purchasers, mortgagees, judgment creditors, or other lien
|
25 | | holders who acquire their interests in the property prior to |
26 | | the time a notice
of lis pendens pursuant to the Code of Civil |
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1 | | Procedure or a copy of the order
is placed of record in the |
2 | | office of the recorder of deeds for the county in
which the |
3 | | real property is located.
|
4 | | The court may also order in cases where the parent is 90 |
5 | | days or more
delinquent in payment of support or has been |
6 | | adjudicated in arrears in an
amount equal to 90 days obligation |
7 | | or more, that the parent's Illinois driving
privileges be |
8 | | suspended until the court
determines that the parent is in |
9 | | compliance with the order of support.
The court may also order |
10 | | that the parent be issued a family financial
responsibility |
11 | | driving permit that would allow limited driving privileges for
|
12 | | employment and medical purposes in accordance with Section |
13 | | 7-702.1 of the
Illinois Vehicle Code. The Clerk of the Circuit |
14 | | Court shall certify the order
suspending the driving privileges |
15 | | of the parent or granting the issuance of a
family financial |
16 | | responsibility driving permit to the Secretary of State on
|
17 | | forms prescribed by the Secretary of State. Upon receipt of the |
18 | | authenticated
documents, the Secretary of State shall suspend |
19 | | the parent's driving privileges
until further order of the |
20 | | court and shall, if ordered by the court, subject to
the |
21 | | provisions of Section 7-702.1 of the Illinois Vehicle Code, |
22 | | issue a family
financial responsibility driving permit to the |
23 | | parent.
|
24 | | In addition to the penalties or punishment that may be |
25 | | imposed under this
Section, any person whose conduct |
26 | | constitutes a violation of Section 15 of the
Non-Support |
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1 | | Punishment Act may be prosecuted under that Act, and a person
|
2 | | convicted under that Act may be sentenced in accordance with |
3 | | that Act. The
sentence may include but need not be limited to a |
4 | | requirement that the person
perform community service under |
5 | | Section 50 of that Act or participate in a work
alternative |
6 | | program under Section 50 of that Act. A person may not be |
7 | | required
to participate in a work alternative program under |
8 | | Section 50 of that Act if
the person is currently participating |
9 | | in a work program pursuant to Section
505.1 of this Act.
|
10 | | A support obligation, or any portion of a support |
11 | | obligation, which becomes
due and remains unpaid as of the end |
12 | | of each month, excluding the child support that was due for |
13 | | that month to the extent that it was not paid in that month, |
14 | | shall accrue simple interest as set forth in Section 12-109 of |
15 | | the Code of Civil Procedure.
An order for support entered or |
16 | | modified on or after January 1, 2006 shall
contain a statement |
17 | | that a support obligation required under the order, or any
|
18 | | portion of a support obligation required under the order, that |
19 | | becomes due and
remains unpaid as of the end of each month, |
20 | | excluding the child support that was due for that month to the |
21 | | extent that it was not paid in that month, shall accrue simple |
22 | | interest as set forth in Section 12-109 of the Code of Civil |
23 | | Procedure. Failure to include the statement in the order for |
24 | | support does
not affect the validity of the order or the |
25 | | accrual of interest as provided in
this Section.
|
26 | | (c) A one-time charge of 20% is imposable upon the amount |
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1 | | of
past-due child support owed on July 1, 1988 which has |
2 | | accrued under a
support order entered by the court. The charge |
3 | | shall be imposed in
accordance with the provisions of Section |
4 | | 10-21 of the Illinois Public Aid
Code and shall be enforced by |
5 | | the court upon petition.
|
6 | | (d) Any new or existing support order entered by the court
|
7 | | under this Section shall be deemed to be a series of judgments |
8 | | against the
person obligated to pay support thereunder, each |
9 | | such judgment to be in the
amount of each payment or |
10 | | installment of support and each such judgment to
be deemed |
11 | | entered as of the date the corresponding payment or installment
|
12 | | becomes due under the terms of the support order. Each such |
13 | | judgment shall
have the full force, effect and attributes of |
14 | | any other judgment of this
State, including the ability to be |
15 | | enforced.
Notwithstanding any other State or local law to the |
16 | | contrary, a lien arises by operation of law against the real |
17 | | and personal property of
the obligor for each installment of |
18 | | overdue support owed by the obligor.
|
19 | | (e) When child support is to be paid through the Clerk of |
20 | | the Court in a
county of 500,000 inhabitants or less, the order |
21 | | shall direct the obligor to pay to the Clerk, in addition to |
22 | | the child support payments, all fees
imposed by the county |
23 | | board under paragraph (4) of subsection (bb) of
Section 27.1a |
24 | | of the Clerks of Courts Act. When child support is to be paid |
25 | | through the clerk of the court in a
county of more than 500,000 |
26 | | but less than 3,000,000 inhabitants, the order shall direct the |
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1 | | obligor
to pay to the clerk, in addition to the child support |
2 | | payments, all fees
imposed by the county board under paragraph |
3 | | (4) of subsection (bb) of
Section 27.2 of the Clerks of Courts |
4 | | Act. Unless paid pursuant to
an Income Withholding Order/Notice |
5 | | for Support, the payment of the fee shall be by payment |
6 | | acceptable to the clerk and shall be made to the order of the
|
7 | | Clerk.
|
8 | | (f) All orders for support, when entered or
modified, shall |
9 | | include a provision requiring the obligor to notify
the court |
10 | | and, in cases in which a party is receiving child and spouse
|
11 | | services under Article X of the Illinois Public Aid Code, the
|
12 | | Department 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 |
15 | | coverage through the employer or other group coverage and,
if |
16 | | so, the policy name and number and the names of persons covered |
17 | | under
the policy, except only the initials of any covered |
18 | | minors shall be included, and (iii) of any new residential or |
19 | | mailing address or telephone
number of the obligor. In any |
20 | | subsequent action to enforce a
support order, upon a sufficient |
21 | | showing that a diligent effort has been made
to ascertain the |
22 | | location of the obligor, service of process or
provision of |
23 | | notice necessary in the case may be made at the last known
|
24 | | address of the obligor in any manner expressly provided by the
|
25 | | Code of Civil Procedure or this Act, which service shall be |
26 | | sufficient for
purposes of due process.
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1 | | (g) An order for support shall include a date on which the |
2 | | current
support obligation terminates. The termination date |
3 | | shall be no earlier than
the date on which the child covered by |
4 | | the order will attain the age of
18. However, if the child will |
5 | | not graduate from high school until after
attaining the age of |
6 | | 18, then the termination date shall be no earlier than the
|
7 | | earlier of the date on which the child's high school graduation |
8 | | will occur or
the date on which the child will attain the age |
9 | | of 19. The order for support
shall state that the termination |
10 | | date does not apply to any arrearage that may
remain unpaid on |
11 | | that date. Nothing in this subsection shall be construed to
|
12 | | prevent the court from modifying the order or terminating the |
13 | | order in the
event the child is otherwise emancipated.
|
14 | | (g-5) If there is an unpaid arrearage or delinquency (as |
15 | | those terms are defined in the Income Withholding for Support |
16 | | Act) equal to at least one month's support obligation on the |
17 | | termination date stated in the order for support or, if there |
18 | | is no termination date stated in the order, on the date the |
19 | | child attains the age of majority or is otherwise emancipated, |
20 | | the periodic amount required to be paid for current support of |
21 | | that child immediately prior to that date shall automatically |
22 | | continue to be an obligation, not as current support but as |
23 | | periodic payment toward satisfaction of the unpaid arrearage or |
24 | | delinquency. That periodic payment shall be in addition to any |
25 | | periodic payment previously required for satisfaction of the |
26 | | arrearage or delinquency. The total periodic amount to be paid |
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1 | | toward satisfaction of the arrearage or delinquency may be |
2 | | enforced and collected by any method provided by law for |
3 | | enforcement and collection of child support, including but not |
4 | | limited to income withholding under the Income Withholding for |
5 | | Support Act. Each order for support entered or modified on or |
6 | | after January 1, 2005 (the effective date of Public Act |
7 | | 93-1061) must contain a statement notifying the parties of the |
8 | | requirements of this subsection. Failure to include the |
9 | | statement in the order for support does not affect the validity |
10 | | of the order or the operation of the provisions of this |
11 | | subsection with regard to the order. This subsection shall not |
12 | | be construed to prevent or affect the establishment or |
13 | | modification of an order for support of a minor child or the |
14 | | establishment or modification of an order for support of a |
15 | | non-minor child or educational expenses under Section 513 of |
16 | | this Act.
|
17 | | (h) An order entered under this Section shall include a |
18 | | provision requiring
either parent to report to the other parent |
19 | | and to the Clerk of Court within 10 days each time either |
20 | | parent obtains new employment, and each time either parent's
|
21 | | employment is terminated for any reason. The report shall be in |
22 | | writing and
shall, in the case of new employment, include the |
23 | | name and address of the new
employer. Failure to report new |
24 | | employment or the termination of current
employment, if coupled |
25 | | with nonpayment of support for a period in excess of 60
days, |
26 | | is indirect criminal contempt. For either parent arrested for |
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1 | | failure to report new employment bond shall be set in the |
2 | | amount of the child support that should have been paid during |
3 | | the period of unreported employment. An order entered under |
4 | | this Section shall also include a provision requiring either |
5 | | obligor
and obligee to advise the other of a change in |
6 | | residence within 5 days
of the change except when the court |
7 | | finds that the physical, mental, or
emotional health of a party |
8 | | or that of a child, or both, would be
seriously endangered by |
9 | | disclosure of the party's address.
|
10 | | (i) The court does not lose the powers of contempt, |
11 | | driver's license
suspension, or other child support |
12 | | enforcement mechanisms, including, but
not limited to, |
13 | | criminal prosecution as set forth in this Act, upon the
|
14 | | emancipation of the minor child.
|
15 | | (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764, |
16 | | eff. 7-1-17; 100-15, eff. 7-1-17; 100-863, eff. 8-14-18; |
17 | | 100-923, 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 |
21 | | enforcement of allocated parenting time. |
22 | | (b) An action for the enforcement of allocated parenting |
23 | | time may be commenced by a parent or a person appointed under |
24 | | Section 506 by filing a petition setting forth: (i) the |
25 | | petitioner's name and residence address or mailing address, |
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1 | | except that if the petition states that disclosure of |
2 | | petitioner's address would risk abuse of petitioner or any |
3 | | member of petitioner's family or household or reveal the |
4 | | confidential address of a shelter for domestic violence |
5 | | victims, that address may be omitted from the petition; (ii) |
6 | | the respondent's name and place of residence, place of |
7 | | employment, or mailing address; (iii) the terms of the |
8 | | parenting plan or allocation judgment then in effect; (iv) the |
9 | | nature of the violation of the allocation of parenting time, |
10 | | giving dates and other relevant information; and (v) that a |
11 | | reasonable attempt was made to resolve the dispute. |
12 | | (c) If the court finds by a preponderance of the evidence |
13 | | that a parent has not complied with allocated parenting time |
14 | | according to an approved parenting plan or a court order, the |
15 | | court, in the child's best interests, shall issue an order that |
16 | | may 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 |
11 | | parent who has failed to provide allocated parenting time or to |
12 | | exercise allocated parenting time to pay the aggrieved party |
13 | | his or her reasonable attorney's fees, court costs, and |
14 | | expenses associated with an action brought under this Section. |
15 | | If the court finds that the respondent in an action brought |
16 | | under this Section has not violated the allocated parenting |
17 | | time, the court may order the petitioner to pay the |
18 | | respondent's reasonable attorney's fees, court costs, and |
19 | | expenses incurred in the action. |
20 | | (e) Nothing in this Section precludes a party from |
21 | | maintaining any other action as provided by law. |
22 | | (f) When the court issues an order holding a party in |
23 | | contempt for violation of a parenting time order and finds that |
24 | | the party engaged in parenting time abuse, the court may order |
25 | | one 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 |
25 | | contempt of court for violation of a parenting order, the clerk |
26 | | shall transmit a copy of the contempt order to the sheriff of |
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1 | | the county. The sheriff shall furnish a copy of each contempt |
2 | | order to the Department of State Police on a daily basis in the |
3 | | form and manner required by the Department. The Department |
4 | | shall maintain a complete record and index of the contempt |
5 | | orders and make this data available to all local law |
6 | | enforcement agencies. |
7 | | (h) Nothing contained in this Section shall be construed to |
8 | | limit 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 |
11 | | changing Section 50 as follows:
|
12 | | (750 ILCS 16/50)
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13 | | Sec. 50. Community service; work alternative program.
|
14 | | (a) In addition to any other penalties imposed against an |
15 | | offender under
this Act, the court may order the offender to |
16 | | perform community service for
not less than 30 and not more |
17 | | than 120 hours per month, if community service is
available in |
18 | | the jurisdiction and is funded and approved by the county board
|
19 | | of the county where the offense was committed. In addition, |
20 | | whenever any
person is placed on supervision for committing an |
21 | | offense under this Act, the
supervision shall be conditioned on |
22 | | the performance of the community service.
|
23 | | (b) In addition to any other penalties imposed against an |
24 | | offender under
this Act, the court may sentence the offender to |
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1 | | service in a work alternative
program administered by the |
2 | | sheriff. The conditions of the program are that
the offender |
3 | | obtain or retain employment and participate in a work |
4 | | alternative
program administered by the sheriff during |
5 | | non-working hours. A person may not
be required to participate |
6 | | in a work alternative program under this subsection
if the |
7 | | person is currently participating in a work program pursuant to |
8 | | another
provision of this Act, Section 10-11.1 of the Illinois |
9 | | Public Aid Code, Section
505.1 of the Illinois Marriage and |
10 | | Dissolution of Marriage Act, or Section
806 of the Illinois |
11 | | Parentage Act of 2015.
|
12 | | (c) In addition to any other penalties imposed against an |
13 | | offender under
this Act, the court may order, in cases where |
14 | | the offender has been in
violation of this Act for 90 days or |
15 | | more, that the offender's Illinois
driving privileges be |
16 | | suspended until the court determines that the offender
is in |
17 | | compliance with this Act.
|
18 | | The court may determine that the offender is in compliance |
19 | | with this Act
if the offender has agreed (i) to pay all |
20 | | required amounts of support and
maintenance as determined by |
21 | | the court or (ii) to the garnishment of his or
her income for |
22 | | the purpose of paying those
amounts.
|
23 | | The court may also order that the offender be issued a |
24 | | family
financial responsibility driving permit that would |
25 | | allow limited
driving privileges for employment and medical |
26 | | purposes in
accordance with Section 7-702.1 of the Illinois |
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1 | | Vehicle Code.
The clerk of the circuit court shall certify the |
2 | | order suspending
the driving privileges of the offender or |
3 | | granting the issuance of a
family financial responsibility |
4 | | driving permit to the Secretary of State
on forms prescribed by |
5 | | the Secretary. Upon receipt of the authenticated
documents, the |
6 | | Secretary of State shall suspend the offender's driving
|
7 | | privileges until further order of the court and shall, if |
8 | | ordered by the
court, subject to the provisions of Section |
9 | | 7-702.1 of the Illinois Vehicle
Code, issue a family financial |
10 | | responsibility driving permit to the offender.
|
11 | | (d) If the court determines that the offender has been in |
12 | | violation of this
Act for more than 60 days, the court may |
13 | | determine whether the offender has
applied for or been issued a |
14 | | professional license by the Department of
Professional |
15 | | Regulation or another licensing agency. If the court determines
|
16 | | that the offender has applied for or been issued such a |
17 | | license, the court may
certify to the Department of |
18 | | Professional Regulation or other licensing agency
that the |
19 | | offender has been in violation of this Act for more than 60 |
20 | | days so
that the Department or other agency may take |
21 | | appropriate steps with respect
to the license or application as |
22 | | provided in Section 10-65 of the Illinois
Administrative |
23 | | Procedure Act and Section 2105-15 of the Department of
|
24 | | Professional Regulation Law of the Civil Administrative Code of
|
25 | | Illinois. The court may take the actions required under this |
26 | | subsection in
addition to imposing any other penalty authorized |
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1 | | under this Act.
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2 | | (Source: P.A. 99-85, eff. 1-1-16 .)
|
3 | | Section 30. The Illinois Parentage Act of 2015 is amended |
4 | | by 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 |
8 | | declared, or if parentage or a duty of support has been |
9 | | established under this Act or under prior law or under the law |
10 | | of any other jurisdiction, the judgment rendered thereunder may |
11 | | be enforced in the same or in other proceedings by any party or |
12 | | any person or agency that has furnished or may furnish |
13 | | financial assistance or services to the child. The Income |
14 | | Withholding for Support Act and Sections 802 and 808 of this |
15 | | Act shall also be applicable with respect to the entry, |
16 | | modification, and enforcement of a support judgment entered |
17 | | under the Paternity Act, approved July 5, 1957 and repealed |
18 | | July 1, 1985.
|
19 | | (b) Failure to comply with an order of the court shall be |
20 | | punishable as contempt as in other cases of failure to comply |
21 | | under the Illinois Marriage and Dissolution of Marriage Act. In |
22 | | addition to other penalties provided by law, the court may, |
23 | | after finding the party guilty of contempt, take the following |
24 | | action:
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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.
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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 |
13 | | imposed under this Section, a person whose conduct constitutes |
14 | | a violation of Section 15 of the Non-Support Punishment Act may |
15 | | be prosecuted under that Act, and a person convicted under that |
16 | | Act may be sentenced in accordance with that Act. The sentence |
17 | | may include, but need not be limited to, a requirement that the |
18 | | person perform community service under Section 50 of that Act |
19 | | or participate in a work alternative program under Section 50 |
20 | | of that Act. A person may not be required to participate in a |
21 | | work alternative program under Section 50 of the Non-Support |
22 | | Punishment Act if the person is currently participating in a |
23 | | work program under Section 806 of this Act.
|
24 | | (c) In a post-judgment proceeding to enforce or modify the |
25 | | judgment, the parties shall continue to be designated as in the |
26 | | original proceeding.
|