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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5641 Introduced , by Rep. Deborah Conroy SYNOPSIS AS INTRODUCED:
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Amends the Non-Support Punishment Act. Provides that it is a Class 4 felony if a person willfully fails to pay a support obligation required under a court or
administrative order for support, if the obligation has remained unpaid for a
period longer than 1 year, or is in arrears in an amount greater than
$15,000 (instead of $20,000), and the person has the ability to provide the support.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning family law.
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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 Non-Support Punishment Act is amended by |
| 5 | | changing Section 15 as follows:
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| 6 | | (750 ILCS 16/15)
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| 7 | | Sec. 15. Failure to support.
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| 8 | | (a) A person commits the offense of failure to support when |
| 9 | | he or she:
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| 10 | | (1) willfully, without any lawful excuse, refuses to |
| 11 | | provide for the
support or maintenance of his or her |
| 12 | | spouse, with the knowledge that the spouse
is in need of |
| 13 | | such support or maintenance, or, without lawful excuse, |
| 14 | | deserts
or willfully refuses to provide for the support or |
| 15 | | maintenance of his or her
child or children in need of |
| 16 | | support or maintenance
and the person has the ability to |
| 17 | | provide the support; or
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| 18 | | (2) willfully fails to pay a support obligation |
| 19 | | required under a court or
administrative order for support, |
| 20 | | if the obligation has remained unpaid for a
period longer |
| 21 | | than 6 months, or is in arrears in an amount greater than
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| 22 | | $5,000, and the person has the ability to provide the |
| 23 | | support; or
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| 1 | | (3) leaves the State with the intent to evade a support |
| 2 | | obligation
required under a court or administrative order |
| 3 | | for support, if the obligation,
regardless of when it |
| 4 | | accrued, has remained unpaid for a period longer than 6
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| 5 | | months, or is in arrears in an amount greater than $10,000; |
| 6 | | or
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| 7 | | (4) willfully fails to pay a support obligation |
| 8 | | required under a court or
administrative order for support, |
| 9 | | if the obligation has remained unpaid for a
period longer |
| 10 | | than one year, or is in arrears in an amount greater than |
| 11 | | $15,000
$20,000, and the person has the ability to provide |
| 12 | | the support.
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| 13 | | (a-5) Presumption of ability to pay support. The existence |
| 14 | | of a court or
administrative order of support that was not |
| 15 | | based on a default judgment and
was in effect for the time |
| 16 | | period charged in the indictment or information
creates a |
| 17 | | rebuttable presumption that the obligor has the ability to pay |
| 18 | | the
support obligation for that time period.
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| 19 | | (b) Sentence. A person convicted of
a first offense under |
| 20 | | subdivision (a)(1) or (a)(2) is guilty of
a Class A |
| 21 | | misdemeanor. A person convicted of
an offense under subdivision |
| 22 | | (a)(3) or (a)(4) or a second or
subsequent offense under |
| 23 | | subdivision (a)(1) or (a)(2) is guilty of a
Class 4 felony.
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| 24 | | (c) Expungement. A person convicted of a first offense |
| 25 | | under
subdivision (a)(1) or (a)(2) who is eligible for the |
| 26 | | Earnfare program, shall,
in lieu of the sentence prescribed in |
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| 1 | | subsection (b), be referred to the
Earnfare program. Upon |
| 2 | | certification of completion of the Earnfare program,
the |
| 3 | | conviction shall be expunged. If the person fails to |
| 4 | | successfully complete
the Earnfare program, he or she shall be |
| 5 | | sentenced in accordance with
subsection (b).
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| 6 | | (d) Fine. Sentences of imprisonment and fines for offenses |
| 7 | | committed
under this Act shall be as provided under Articles 8 |
| 8 | | and 9 of Chapter V of the
Unified Code of Corrections, except |
| 9 | | that the court
shall order restitution of all unpaid support |
| 10 | | payments and
may impose the following fines, alone, or in |
| 11 | | addition to a sentence of
imprisonment under the following |
| 12 | | circumstances:
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| 13 | | (1) from $1,000 to $5,000 if the support obligation has |
| 14 | | remained unpaid
for a period longer than 2 years, or is in |
| 15 | | arrears in an amount greater than
$1,000 and not exceeding |
| 16 | | $10,000;
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| 17 | | (2) from $5,000 to $10,000 if the support obligation |
| 18 | | has remained unpaid
for a period longer than 5 years, or is |
| 19 | | in arrears in an amount greater than
$10,000 and not |
| 20 | | exceeding $20,000; or
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| 21 | | (3) from $10,000 to $25,000 if the support obligation |
| 22 | | has remained unpaid
for a period longer than 8 years, or is |
| 23 | | in arrears in an amount greater than
$20,000.
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| 24 | | (e) Restitution shall be ordered in an amount equal to the |
| 25 | | total unpaid
support
obligation as it existed at the time of |
| 26 | | sentencing. Any amounts paid by the
obligor shall be allocated |
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| 1 | | first to current support and then to restitution
ordered and |
| 2 | | then to fines imposed under this Section.
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| 3 | | (f) For purposes of this Act, the term "child" shall have |
| 4 | | the meaning
ascribed to it
in Section 505 of the Illinois |
| 5 | | Marriage and Dissolution of Marriage Act.
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| 6 | | (Source: P.A. 91-613, eff. 10-1-99; 92-876, eff. 6-1-03.)
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