93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4702

 

Introduced 02/04/04, by Robert W. Churchill

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 16/50

    Amends the Non-Support Punishment Act. Increases the number of community service hours that a court may order an offender to perform to not less than 60 and not more than 240 hours per month (instead of not less than 30 and not more than 120 per month).


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A BILL FOR

 

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1     AN ACT concerning child support.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Non-Support Punishment Act is amended by
5 changing Section 50 as follows:
 
6     (750 ILCS 16/50)
7     Sec. 50. Community service; work alternative program.
8     (a) In addition to any other penalties imposed against an
9 offender under this Act, the court may order the offender to
10 perform community service for not less than 60 30 and not more
11 than 240 120 hours per month, if community service is available
12 in the jurisdiction and is funded and approved by the county
13 board of the county where the offense was committed. In
14 addition, whenever any person is placed on supervision for
15 committing an offense under this Act, the supervision shall be
16 conditioned on the performance of the community service.
17     (b) In addition to any other penalties imposed against an
18 offender under this Act, the court may sentence the offender to
19 service in a work alternative program administered by the
20 sheriff. The conditions of the program are that the offender
21 obtain or retain employment and participate in a work
22 alternative program administered by the sheriff during
23 non-working hours. A person may not be required to participate
24 in a work alternative program under this subsection if the
25 person is currently participating in a work program pursuant to
26 another provision of this Act, Section 10-11.1 of the Illinois
27 Public Aid Code, Section 505.1 of the Illinois Marriage and
28 Dissolution of Marriage Act, or Section 15.1 of the Illinois
29 Parentage Act of 1984.
30     (c) In addition to any other penalties imposed against an
31 offender under this Act, the court may order, in cases where
32 the offender has been in violation of this Act for 90 days or

 

 

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1 more, that the offender's Illinois driving privileges be
2 suspended until the court determines that the offender is in
3 compliance with this Act.
4     The court may determine that the offender is in compliance
5 with this Act if the offender has agreed (i) to pay all
6 required amounts of support and maintenance as determined by
7 the court or (ii) to the garnishment of his or her income for
8 the purpose of paying those amounts.
9     The court may also order that the offender be issued a
10 family financial responsibility driving permit that would
11 allow limited driving privileges for employment and medical
12 purposes in accordance with Section 7-702.1 of the Illinois
13 Vehicle Code. The clerk of the circuit court shall certify the
14 order suspending the driving privileges of the offender or
15 granting the issuance of a family financial responsibility
16 driving permit to the Secretary of State on forms prescribed by
17 the Secretary. Upon receipt of the authenticated documents, the
18 Secretary of State shall suspend the offender's driving
19 privileges until further order of the court and shall, if
20 ordered by the court, subject to the provisions of Section
21 7-702.1 of the Illinois Vehicle Code, issue a family financial
22 responsibility driving permit to the offender.
23     (d) If the court determines that the offender has been in
24 violation of this Act for more than 60 days, the court may
25 determine whether the offender has applied for or been issued a
26 professional license by the Department of Professional
27 Regulation or another licensing agency. If the court determines
28 that the offender has applied for or been issued such a
29 license, the court may certify to the Department of
30 Professional Regulation or other licensing agency that the
31 offender has been in violation of this Act for more than 60
32 days so that the Department or other agency may take
33 appropriate steps with respect to the license or application as
34 provided in Section 10-65 of the Illinois Administrative
35 Procedure Act and Section 2105-15 of the Department of
36 Professional Regulation Law of the Civil Administrative Code of

 

 

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1 Illinois. The court may take the actions required under this
2 subsection in addition to imposing any other penalty authorized
3 under this Act.
4 (Source: P.A. 91-613, eff. 10-1-99; 92-651, eff. 7-11-02.)