HB0861ham001 102ND GENERAL ASSEMBLY

Rep. Thaddeus Jones

Filed: 4/20/2021

10200HB0861ham001 LRB102 12717 LNS 25549 a

AMENDMENT TO HOUSE BILL 861

AMENDMENT NO. ______. Amend House Bill 861 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Domestic Violence Maintenance Task Force Act.

Section 5. Domestic Violence Maintenance Task Force. The Domestic Violence Maintenance Task Force is created. The Task Force shall:

(1) research and examine maintenance award patterns in State domestic relations cases involving domestic violence, including the amount of maintenance paid in such cases, whether the victim or abuser is paying maintenance, and the role of domestic violence in affecting the economic resources available to the victim; and

(2) develop recommendations to improve the safety and long-term economic security of victims of domestic violence, including, but not limited to, recommendations on:

(A) whether a rebuttable presumption should exist that a primary aggressor of domestic or sexual abuse shall not receive maintenance or temporary maintenance, including what pieces of evidence can trigger this presumption and how to overcome it; and

(B) whether a factor should be added to subsection (a) of Section 504 of the Illinois Marriage and Dissolution of Marriage Act regarding whether one of the parties has been convicted of domestic battery or aggravated domestic battery against the other party under Section 12-3.2 or 12-3.3 of the Criminal Code of 2012.

Section 10. Membership; compensation; meetings; reports.

(a) The Domestic Violence Maintenance Task Force shall be composed of the following members:

(1) two domestic relations judges appointed by the Supreme Court;

(2) the Director of the Administrative Office of the Illinois Courts or the Director's designee;

(3) the Attorney General or the Attorney General's designee;

(4) the following public members appointed by the Governor:

(A) two members representing victims' rights organizations;

(B) two victims of domestic violence;

(C) two members representing family law lawyers who shall have experience with domestic violence cases based on a recommendation from a statewide bar association; and

(D) two members representing family law lawyers who shall have experience with divorce cases who work for an organization that provides free legal services to low-income individuals;

(5) one Representative appointed by the Speaker of the House of Representatives;

(6) one Representative appointed by the Minority Leader of the House of Representatives;

(7) one Senator appointed by the President of the Senate; and

(8) one Senator appointed by the Minority Leader of the Senate.

(b) The Chair of the Task Force shall be selected by a majority vote of the members of the Task Force.

(c) Task Force members shall not be compensated for their service on the Task Force.

(d) The Task Force shall meet quarterly.

(e) No later than 15 months after the effective date of this Act, the Task Force shall issue a preliminary report on the state of current practice across the State in regard to family law practices and maintenance and domestic and sexual violence. No later than 15 months after the release of the preliminary report, the Task Force shall issue a final report issuing recommendations for evidence-based improvements to court procedures. The Task Force shall submit the reports to the General Assembly and the Governor.

Section 15. Administrative support and duties.

(a) The Administrative Office of the Illinois Courts shall provide administrative support to the Task Force.

(b) The Task Force shall review available research, best practices, and case information to formulate recommendations.

(c) The Administrative Office of the Illinois Courts is authorized to oversee the research project.

(d) $250,000 shall be provided to administer the research project, subject to appropriation.

Section 25. Repeal. This Act is repealed on January 1, 2025.".