[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 002 ] | [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
90_HB3415ham001
LRB9010838DJcdam01
1 AMENDMENT TO HOUSE BILL 3415
2 AMENDMENT NO. . Amend House Bill 3415 as follows:
3 by replacing the title with the following:
4 "AN ACT concerning governmental matters."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Public Aid Code is amended by
8 changing Section 10-16 as follows:
9 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
10 Sec. 10-16. Judicial enforcement of court and
11 administrative support orders.) Court orders entered in
12 proceedings under Section 10-10 and court orders for
13 enforcement of an administrative order under Section 10-15
14 and for the payment of money may be enforced by attachment as
15 for contempt against the persons of the defendants, and in
16 addition, as other judgments for the payment of money, and
17 costs may be adjudged against the defendants and apportioned
18 among them; but if the complaint is dismissed, costs shall be
19 borne by the Illinois Department or the local governmental
20 unit, as the case may be. If a responsible relative is
21 directed by the Illinois Department, or the local
-2- LRB9010838DJcdam01
1 governmental unit, under the conditions stated in Section
2 10-8, to make support payments directly to the person, or to
3 some person or agency in his behalf, the court order entered
4 against him under this Section or Section 10-10 may be
5 enforced as herein provided if he thereafter fails to furnish
6 support in accordance with its terms. The State of Illinois
7 shall not be required to make a deposit for or pay any costs
8 or fees of any court or officer thereof in any proceeding
9 instituted under this Section.
10 The provisions of the Civil Practice Law, and all
11 amendments and modifications thereof, shall apply to and
12 govern all actions instituted under this Section and Section
13 10-10. In such actions proof that a person is an applicant
14 for or recipient of public aid under any Article of this Code
15 shall be prima facie proof that he is a person in necessitous
16 circumstances by reason of infirmity, unemployment or other
17 cause depriving him of the means of a livelihood compatible
18 with health and well-being.
19 Payments under this Section to the Illinois Department
20 pursuant to the Child Support Enforcement Program established
21 by Title IV-D of the Social Security Act shall be paid into
22 the Child Support Enforcement Trust Fund. All other payments
23 under this Section to the Illinois Department shall be
24 deposited in the Public Assistance Recoveries Trust Fund.
25 Disbursements from these funds shall be as provided in
26 Sections 12-9 and 12-10.2 of this Code. Payments received by
27 a local governmental unit shall be deposited in that unit's
28 General Assistance Fund.
29 In addition to the penalties or punishment that may be
30 imposed under this Section, any conduct that constitutes a
31 violation of Section 1 of the Non-Support of Spouse and
32 Children Act may be prosecuted under that Section, and a
33 person convicted under that Section may be sentenced in
34 accordance with that Section. The sentence may include but
-3- LRB9010838DJcdam01
1 shall not be limited to a requirement that the person perform
2 community service under subsection (b) of that Section or
3 participate in a work alternative program under subsection
4 (c) of that Section. A person may not be required to perform
5 community service under subsection (b) of that Section or
6 participate in a work alternative program under subsection
7 (c) of that Section if the person is currently participating
8 in a work program pursuant to Section 10-11.1 of this Code.
9 (Source: P.A. 83-1126.)
10 Section 10. The Illinois Vehicle Code is amended by
11 changing Sections 3-408 and 6-103 as follows:
12 (625 ILCS 5/3-408) (from Ch. 95 1/2, par. 3-408)
13 Sec. 3-408. Grounds for refusing registration or
14 certificate of title. The Secretary of State shall refuse
15 registration or any transfer of registration upon any of the
16 following grounds:
17 1. That the application contains any false or fraudulent
18 statement or that the applicant has failed to furnish
19 required information or reasonable additional information
20 requested by the Secretary of State or that the applicant is
21 not entitled to the issuance of a certificate of title or
22 registration of the vehicle under Chapter 3;
23 2. That the Secretary of State has reasonable ground to
24 believe that the vehicle is a stolen or embezzled vehicle or
25 that the granting of registration would constitute a fraud
26 against the rightful owner or other person having valid lien
27 upon such vehicle;
28 3. That the registration of the vehicle stands suspended
29 or revoked for any reason as provided in the motor-vehicle
30 laws of this State;
31 4. That the required fee has not been paid; or
32 5. (a) In the case of medical transport vehicles, that
-4- LRB9010838DJcdam01
1 the application does not contain a copy of a completed
2 Vehicle Inspection Report issued by the Department of
3 Transportation which certifies that the vehicle has been
4 determined to be in safe mechanical condition by a safety
5 test administered within the preceding 6 months; and (b) in
6 the case of medical transport vehicles, other than vehicles
7 owned or operated by a unit of local government, proof of
8 financial responsibility; or.
9 6. That the applicant is 90 days or more delinquent in
10 court ordered child support payments or has been adjudicated
11 in arrears in an amount equal to 90 days' obligation or more
12 and has been found in contempt of court for failure to pay
13 the support, subject to the requirements and procedures of
14 Article VII of Chapter 7 of the Illinois Vehicle Code.
15 (Source: P.A. 82-949.)
16 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
17 Sec. 6-103. What persons shall not be licensed as drivers
18 or granted permits. The Secretary of State shall not issue,
19 renew, or allow the retention of any driver's license nor
20 issue any permit under this Code:
21 1. To any person, as a driver, who is under the age
22 of 18 years except as provided in Section 6-107, and
23 except that an instruction permit may be issued under
24 paragraphs (a) and (b) of Section 6-105 to a child who is
25 not less than 15 years of age if the child is enrolled in
26 an approved driver education course as defined in Section
27 1-103 of this Code and requires an instruction permit to
28 participate therein, except that an instruction permit
29 may be issued under the provisions of Section 6-107.1 to
30 a child who is 17 years and 9 months of age without the
31 child having enrolled in an approved driver education
32 course and except that an instruction permit may be
33 issued to a child who is at least 15 years and 6 months
-5- LRB9010838DJcdam01
1 of age, is enrolled in school, meets the educational
2 requirements of the Driver Education Act, and has passed
3 examinations the Secretary of State in his or her
4 discretion may prescribe;
5 2. To any person who is under the age of 18 as an
6 operator of a motorcycle other than a motor driven cycle
7 unless the person has, in addition to meeting the
8 provisions of Section 6-107 of this Code, completed a
9 motorcycle training course approved by the Illinois
10 Department of Transportation and successfully completes
11 the required Secretary of State's motorcycle driver's
12 examination;
13 3. To any person, as a driver, whose driver's
14 license or permit has been suspended, during the
15 suspension, nor to any person whose driver's license or
16 permit has been revoked, except as provided in Sections
17 6-205, 6-206, and 6-208;
18 4. To any person, as a driver, who is a user of
19 alcohol or any other drug to a degree that renders the
20 person incapable of safely driving a motor vehicle;
21 5. To any person, as a driver, who has previously
22 been adjudged to be afflicted with or suffering from any
23 mental or physical disability or disease and who has not
24 at the time of application been restored to competency by
25 the methods provided by law;
26 6. To any person, as a driver, who is required by
27 the Secretary of State to submit an alcohol and drug
28 evaluation or take an examination provided for in this
29 Code unless the person has successfully passed the
30 examination and submitted any required evaluation;
31 7. To any person who is required under the
32 provisions of the laws of this State to deposit security
33 or proof of financial responsibility and who has not
34 deposited the security or proof;
-6- LRB9010838DJcdam01
1 8. To any person when the Secretary of State has
2 good cause to believe that the person by reason of
3 physical or mental disability would not be able to safely
4 operate a motor vehicle upon the highways, unless the
5 person shall furnish to the Secretary of State a verified
6 written statement, acceptable to the Secretary of State,
7 from a competent medical specialist to the effect that
8 the operation of a motor vehicle by the person would not
9 be inimical to the public safety;
10 9. To any person, as a driver, who is 69 years of
11 age or older, unless the person has successfully complied
12 with the provisions of Section 6-109;
13 10. To any person convicted, within 12 months of
14 application for a license, of any of the sexual offenses
15 enumerated in paragraph 2 of subsection (b) of Section
16 6-205;
17 11. To any person who is under the age of 21 years
18 with a classification prohibited in paragraph (b) of
19 Section 6-104 and to any person who is under the age of
20 18 years with a classification prohibited in paragraph
21 (c) of Section 6-104;
22 12. To any person who has been either convicted of
23 or adjudicated under the Juvenile Court Act of 1987 based
24 upon a violation of the Cannabis Control Act or the
25 Illinois Controlled Substances Act while that person was
26 in actual physical control of a motor vehicle. For
27 purposes of this Section, any person placed on probation
28 under Section 10 of the Cannabis Control Act or Section
29 410 of the Illinois Controlled Substances Act shall not
30 be considered convicted. Any person found guilty of this
31 offense, while in actual physical control of a motor
32 vehicle, shall have an entry made in the court record by
33 the judge that this offense did occur while the person
34 was in actual physical control of a motor vehicle and
-7- LRB9010838DJcdam01
1 order the clerk of the court to report the violation to
2 the Secretary of State as such. The Secretary of State
3 shall not issue a new license or permit for a period of
4 one year; or
5 13. To any person who is under the age of 18 years
6 and who has committed the offense of operating a motor
7 vehicle without a valid license or permit in violation of
8 Section 6-101; or.
9 14. To any person who is 90 days or more delinquent
10 in court ordered child support payments or has been
11 adjudicated in arrears in an amount equal to 90 days'
12 obligation or more and who has been found in contempt of
13 court for failure to pay the support, subject to the
14 requirements and procedures of Article VII of Chapter 7
15 of the Illinois Vehicle Code.
16 The Secretary of State shall retain all conviction
17 information, if the information is required to be held
18 confidential under the Juvenile Court Act of 1987.
19 (Source: P.A. 90-369, eff. 1-1-98.)
20 Section 15. The Juvenile Court Act of 1987 is amended by
21 changing Section 1-12 as follows:
22 (705 ILCS 405/1-12) (from Ch. 37, par. 801-12)
23 Sec. 1-12. Neither the State, any unit of local
24 government, probation department, public or community service
25 program or site, nor any official or employee thereof acting
26 in the course of their official duties shall be liable for
27 any injury or loss a person might receive while performing
28 public or community service as ordered by the court or by a
29 youth officer or his or her designee, including a teen court
30 or peer jury, nor shall they be liable for any tortious acts
31 of any person performing public or community service, except
32 for wilful, wanton misconduct or gross negligence on the part
-8- LRB9010838DJcdam01
1 of such governmental unit, official or employee.
2 (Source: P.A. 85-1209.)
3 Section 20. The Criminal Code of 1961 is amended by
4 changing Sections 12-1, 12-30, and 17-1 as follows:
5 (720 ILCS 5/12-1) (from Ch. 38, par. 12-1)
6 Sec. 12-1. Assault.
7 (a) A person commits an assault when, without lawful
8 authority, he engages in conduct which places another in
9 reasonable apprehension of receiving a battery.
10 (b) Sentence. Assault is a Class C misdemeanor.
11 (c) In addition to any other sentence that may be
12 imposed, a court shall order any person convicted of assault
13 to perform community service for not less than 30 and not
14 more than 120 hours, if community service is available in the
15 jurisdiction and is funded and approved by the county board
16 of the county where the offense was committed. In addition,
17 whenever any person is placed on supervision for an alleged
18 offense under this Section, the supervision shall be
19 conditioned upon the performance of the community service.
20 The court shall authorize the county to charge a person
21 convicted of or placed on supervision for assault for the
22 costs of the community service based upon the administration
23 of the program and the person's ability to pay for those
24 costs.
25 This subsection does not apply when the court imposes a
26 sentence of incarceration.
27 (Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
28 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
29 Sec. 12-30. Violation of an order of protection.
30 (a) A person commits violation of an order of protection
31 if he or she:
-9- LRB9010838DJcdam01
1 (1) Commits an act which was prohibited by a court
2 or fails to commit an act which was ordered by a court in
3 violation of a remedy in a valid order of protection
4 authorized under paragraphs (1), (2), (3), or (14) of
5 subsection (b) of Section 214 of the Illinois Domestic
6 Violence Act of 1986, or any other remedy when the act
7 constitutes a crime against the protected parties as the
8 term protected parties is defined in Section 112A-4 of
9 the Code of Criminal Procedure of 1963.
10 (2) Such violation occurs after the offender has
11 been served notice of the contents of the order, pursuant
12 to the Illinois Domestic Violence Act, or otherwise has
13 acquired actual knowledge of the contents of the order.
14 (b) For purposes of this Section, an "order of
15 protection" may have been issued by any circuit or associate
16 judge in the State of Illinois in a criminal or civil
17 proceeding.
18 (c) Nothing in this Section shall be construed to
19 diminish the inherent authority of the courts to enforce
20 their lawful orders through civil or criminal contempt
21 proceedings.
22 (d) Violation of an order of protection under subsection
23 (a) of this Section is a Class A misdemeanor. A second or
24 subsequent offense is a Class 4 felony. The court shall
25 impose a minimum penalty of 24 hours imprisonment for
26 defendant's second or subsequent violation of any order of
27 protection; unless the court explicitly finds that an
28 increased penalty or such period of imprisonment would be
29 manifestly unjust. In addition to any other penalties, the
30 court may order the defendant to pay a fine as authorized
31 under Section 5-9-1 of the Unified Code of Corrections or to
32 make restitution to the victim under Section 5-5-6 of the
33 Unified Code of Corrections. In addition to any other
34 penalties, including those imposed by Section 5-9-1.5 of the
-10- LRB9010838DJcdam01
1 Unified Code of Corrections, the court shall impose an
2 additional fine of $20 as authorized by Section 5-9-1.11 of
3 the Unified Code of Corrections upon any person convicted of
4 or placed on supervision for a violation of this Section.
5 The additional fine shall be imposed for each violation of
6 this Section. In addition to any other sentence that may be
7 imposed, a court may order any person convicted of violation
8 of an order of protection to perform community service for
9 not less than 30 and not more than 120 hours, if community
10 service is available in the jurisdiction and is funded and
11 approved by the county board of the county where the offense
12 was committed. In addition, whenever any person is placed on
13 supervision for an alleged offense under this Section, the
14 supervision shall be conditional upon the performance of the
15 community service. The court shall authorize the county to
16 charge a person convicted of violation of an order of
17 protection for the costs of the community service based upon
18 the person's ability to pay for those costs.
19 (Source: P.A. 90-241, eff. 1-1-98.)
20 (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
21 Sec. 17-1. Deceptive practices. (A) As used in this
22 Section:
23 (i) A financial institution means any bank, savings and
24 loan association, credit union, or other depository of money,
25 or medium of savings and collective investment.
26 (ii) An account holder is any person, having a checking
27 account or savings account in a financial institution.
28 (iii) To act with the "intent to defraud" means to act
29 wilfully, and with the specific intent to deceive or cheat,
30 for the purpose of causing financial loss to another, or to
31 bring some financial gain to oneself. It is not necessary to
32 establish that any person was actually defrauded or deceived.
33 (B) General Deception
-11- LRB9010838DJcdam01
1 A person commits a deceptive practice when, with intent to
2 defraud:
3 (a) He causes another, by deception or threat to execute
4 a document disposing of property or a document by which a
5 pecuniary obligation is incurred, or
6 (b) Being an officer, manager or other person
7 participating in the direction of a financial institution, he
8 knowingly receives or permits the receipt of a deposit or
9 other investment, knowing that the institution is insolvent,
10 or
11 (c) He knowingly makes or directs another to make a
12 false or deceptive statement addressed to the public for the
13 purpose of promoting the sale of property or services, or
14 (d) With intent to obtain control over property or to
15 pay for property, labor or services of another, or to pay a
16 fee to a Clerk of the Circuit Court, or in satisfaction of an
17 obligation for payment of tax under the Retailers' Occupation
18 Tax Act or any other tax due to the State of Illinois, he
19 issues or delivers a check or other order upon a real or
20 fictitious depository for the payment of money, knowing that
21 it will not be paid by the depository. Failure to have
22 sufficient funds or credit with the depository when the check
23 or other order is issued or delivered, or when such check or
24 other order is presented for payment and dishonored on each
25 of 2 occasions at least 7 days apart, is prima facie evidence
26 that the offender knows that it will not be paid by the
27 depository, and that he has the intent to defraud.
28 (e) He issues or delivers a check or other order upon a
29 real or fictitious depository in an amount exceeding $150 in
30 payment of an amount owed on any credit transaction for
31 property, labor or services, or in payment of the entire
32 amount owed on any credit transaction for property, labor or
33 services, knowing that it will not be paid by the depository,
34 and thereafter fails to provide funds or credit with the
-12- LRB9010838DJcdam01
1 depository in the face amount of the check or order within
2 seven days of receiving actual notice from the depository or
3 payee of the dishonor of the check or order.
4 Sentence.
5 A person convicted of deceptive practice under paragraphs
6 (a) through (e) of this subsection (B), except as otherwise
7 provided by this Section, is guilty of a Class A misdemeanor.
8 A person convicted of a deceptive practice in violation
9 of paragraph (d) a second or subsequent time shall be guilty
10 of a Class 4 felony.
11 A person convicted of deceptive practices in violation of
12 paragraph (d), when the value of the property so obtained, in
13 a single transaction, or in separate transactions within a 90
14 day period, exceeds $150, shall be guilty of a Class 4
15 felony. In the case of a prosecution for separate
16 transactions totaling more than $150 within a 90 day period,
17 such separate transactions shall be alleged in a single
18 charge and provided in a single prosecution.
19 (C) Deception on a Bank or Other Financial Institution
20 False Statements
21 1) Any person who, with the intent to defraud, makes or
22 causes to be made, any false statement in writing in order to
23 obtain an account with a bank or other financial institution,
24 or to obtain credit from a bank or other financial
25 institution, knowing such writing to be false, and with the
26 intent that it be relied upon, is guilty of a Class A
27 misdemeanor.
28 For purposes of this subsection (C), a false statement
29 shall mean any false statement representing identity,
30 address, or employment, or the identity, address or
31 employment of any person, firm or corporation.
32 Possession of Stolen or Fraudulently Obtained Checks
33 2) Any person who possesses, with the intent to defraud,
34 any check or order for the payment of money, upon a real or
-13- LRB9010838DJcdam01
1 fictitious account, without the consent of the account
2 holder, or the issuing financial institution, is guilty of a
3 Class A misdemeanor.
4 Any person who, within any 12 month period, violates this
5 Section with respect to 3 or more checks or orders for the
6 payment of money at the same time or consecutively, each the
7 property of a different account holder or financial
8 institution, is guilty of a Class 4 felony.
9 3) Possession of Implements of Check Fraud. Any person
10 who possesses, with the intent to defraud, and without the
11 authority of the account holder or financial institution any
12 check imprinter, signature imprinter, or "certified" stamp is
13 guilty of a Class A misdemeanor.
14 A person who within any 12 month period violates this
15 subsection (C) as to possession of 3 or more such devices at
16 the same time or consecutively, is guilty of a Class 4
17 felony.
18 Possession of Identification Card
19 4) Any person, who with the intent to defraud, possesses
20 any check guarantee card or key card or identification card
21 for cash dispensing machines without the authority of the
22 account holder or financial institution, is guilty of a Class
23 A misdemeanor.
24 A person who, within any 12 month period, violates this
25 Section at the same time or consecutively with respect to 3
26 or more cards, each the property of different account
27 holders, is guilty of a class 4 felony.
28 A person convicted under this Section, when the value of
29 property so obtained, in a single transaction, or in separate
30 transactions within any 90 day period, exceeds $150 shall be
31 guilty of a Class 4 felony.
32 (Source: P.A. 84-897.)
33 Section 25. The Illinois Marriage and Dissolution of
-14- LRB9010838DJcdam01
1 Marriage Act is amended by changing Section 505 as follows:
2 (750 ILCS 5/505) (from Ch. 40, par. 505)
3 (Text of Section before amendment by P.A. 90-539)
4 Sec. 505. Child support; contempt; penalties.
5 (a) In a proceeding for dissolution of marriage, legal
6 separation, declaration of invalidity of marriage, a
7 proceeding for child support following dissolution of the
8 marriage by a court which lacked personal jurisdiction over
9 the absent spouse, a proceeding for modification of a
10 previous order for child support under Section 510 of this
11 Act, or any proceeding authorized under Section 501 or 601 of
12 this Act, the court may order either or both parents owing a
13 duty of support to a child of the marriage to pay an amount
14 reasonable and necessary for his support, without regard to
15 marital misconduct. The duty of support owed to a minor
16 child includes the obligation to provide for the reasonable
17 and necessary physical, mental and emotional health needs of
18 the child.
19 (1) The Court shall determine the minimum amount of
20 support by using the following guidelines:
21 Number of Children Percent of Supporting Party's
22 Net Income
23 1 20%
24 2 25%
25 3 32%
26 4 40%
27 5 45%
28 6 or more 50%
29 (2) The above guidelines shall be applied in each
30 case unless the court makes a finding that application of
31 the guidelines would be inappropriate, after considering
32 the best interests of the child in light of evidence
33 including but not limited to one or more of the following
-15- LRB9010838DJcdam01
1 relevant factors:
2 (a) the financial resources and needs of the
3 child;
4 (b) the financial resources and needs of the
5 custodial parent;
6 (c) the standard of living the child would
7 have enjoyed had the marriage not been dissolved;
8 (d) the physical and emotional condition of
9 the child, and his educational needs; and
10 (e) the financial resources and needs of the
11 non-custodial parent.
12 If the court deviates from the guidelines, the
13 court's finding shall state the amount of support that
14 would have been required under the guidelines, if
15 determinable. The court shall include the reason or
16 reasons for the variance from the guidelines.
17 (3) "Net income" is defined as the total of all
18 income from all sources, minus the following deductions:
19 (a) Federal income tax (properly calculated
20 withholding or estimated payments);
21 (b) State income tax (properly calculated
22 withholding or estimated payments);
23 (c) Social Security (FICA payments);
24 (d) Mandatory retirement contributions
25 required by law or as a condition of employment;
26 (e) Union dues;
27 (f) Dependent and individual
28 health/hospitalization insurance premiums;
29 (g) Prior obligations of support or
30 maintenance actually paid pursuant to a court order;
31 (h) Expenditures for repayment of debts that
32 represent reasonable and necessary expenses for the
33 production of income, medical expenditures necessary
34 to preserve life or health, reasonable expenditures
-16- LRB9010838DJcdam01
1 for the benefit of the child and the other parent,
2 exclusive of gifts. The court shall reduce net
3 income in determining the minimum amount of support
4 to be ordered only for the period that such payments
5 are due and shall enter an order containing
6 provisions for its self-executing modification upon
7 termination of such payment period.
8 (4) In cases where the court order provides for
9 health/hospitalization insurance coverage pursuant to
10 Section 505.2 of this Act, the premiums for that
11 insurance, or that portion of the premiums for which the
12 supporting party is responsible in the case of insurance
13 provided through an employer's health insurance plan
14 where the employer pays a portion of the premiums, shall
15 be subtracted from net income in determining the minimum
16 amount of support to be ordered.
17 (4.5) In a proceeding for child support following
18 dissolution of the marriage by a court that lacked
19 personal jurisdiction over the absent spouse, and in
20 which the court is requiring payment of support for the
21 period before the date an order for current support is
22 entered, there is a rebuttable presumption that the
23 supporting party's net income for the prior period was
24 the same as his or her net income at the time the order
25 for current support is entered.
26 (5) If the net income cannot be determined because
27 of default or any other reason, the court shall order
28 support in an amount considered reasonable in the
29 particular case. The final order in all cases shall
30 state the support level in dollar amounts.
31 (b) Failure of either parent to comply with an order to
32 pay support shall be punishable as in other cases of
33 contempt. In addition to other penalties provided by law the
34 Court may, after finding the parent guilty of contempt, order
-17- LRB9010838DJcdam01
1 that the parent be:
2 (1) placed on probation with such conditions of
3 probation as the Court deems advisable;
4 (2) sentenced to periodic imprisonment for a period
5 not to exceed 6 months; provided, however, that the Court
6 may permit the parent to be released for periods of time
7 during the day or night to:
8 (A) work; or
9 (B) conduct a business or other self-employed
10 occupation.
11 The Court may further order any part or all of the
12 earnings of a parent during a sentence of periodic
13 imprisonment paid to the Clerk of the Circuit Court or to the
14 parent having custody or to the guardian having custody of
15 the minor children of the sentenced parent for the support of
16 said minor children until further order of the Court.
17 If there is a unity of interest and ownership sufficient
18 to render no financial separation between a non-custodial
19 parent and another person or persons or business entity, the
20 court may pierce the ownership veil of the person, persons,
21 or business entity to discover assets of the non-custodial
22 parent held in the name of that person, those persons, or
23 that business entity. The following circumstances are
24 sufficient to authorize a court to order discovery of the
25 assets of a person, persons, or business entity and to compel
26 the application of any discovered assets toward payment on
27 the judgment for support:
28 (1) the non-custodial parent and the person,
29 persons, or business entity maintain records together.
30 (2) the non-custodial parent and the person,
31 persons, or business entity fail to maintain an arms
32 length relationship between themselves with regard to any
33 assets.
34 (3) the non-custodial parent transfers assets to
-18- LRB9010838DJcdam01
1 the person, persons, or business entity with the intent
2 to perpetrate a fraud on the custodial parent.
3 With respect to assets which are real property, no order
4 entered under this paragraph shall affect the rights of bona
5 fide purchasers, mortgagees, judgment creditors, or other
6 lien holders who acquire their interests in the property
7 prior to the time a notice of lis pendens pursuant to the
8 Code of Civil Procedure or a copy of the order is placed of
9 record in the office of the recorder of deeds for the county
10 in which the real property is located.
11 The court may also order in cases where the parent is 90
12 days or more delinquent in payment of support or has been
13 adjudicated in arrears in an amount equal to 90 days
14 obligation or more, that the parent's Illinois driving
15 privileges be suspended until the court determines that the
16 parent is in compliance with the order of support. The court
17 may also order that the parent be issued a family financial
18 responsibility driving permit that would allow limited
19 driving privileges for employment and medical purposes in
20 accordance with Section 7-702.1 of the Illinois Vehicle Code.
21 The clerk of the circuit court shall certify the order
22 suspending the driving privileges of the parent or granting
23 the issuance of a family financial responsibility driving
24 permit to the Secretary of State on forms prescribed by the
25 Secretary. Upon receipt of the authenticated documents, the
26 Secretary of State shall suspend the parent's driving
27 privileges until further order of the court and shall, if
28 ordered by the court, subject to the provisions of Section
29 7-702.1 of the Illinois Vehicle Code, issue a family
30 financial responsibility driving permit to the parent.
31 In addition to the penalties or punishment that may be
32 imposed under this Section, any conduct that constitutes a
33 violation of Section 1 of the Non-Support of Spouse and
34 Children Act may be prosecuted under that Section, and a
-19- LRB9010838DJcdam01
1 person convicted under that Section may be sentenced in
2 accordance with that Section. The sentence may include but
3 shall not be limited to a requirement that the person perform
4 community service under subsection (b) of that Section or
5 participate in a work alternative program under subsection
6 (c) of that Section. A person may not be required to perform
7 community service under subsection (b) of that Section or
8 participate in a work alternative program under subsection
9 (c) of that Section if the person is currently participating
10 in a work program pursuant to Section 505.1 of this Act.
11 (c) A one-time charge of 20% is imposable upon the
12 amount of past-due child support owed on July 1, 1988 which
13 has accrued under a support order entered by the court. The
14 charge shall be imposed in accordance with the provisions of
15 Section 10-21 of the Illinois Public Aid Code and shall be
16 enforced by the court upon petition.
17 (d) Any new or existing support order entered by the
18 court under this Section shall be deemed to be a series of
19 judgments against the person obligated to pay support
20 thereunder, each such judgment to be in the amount of each
21 payment or installment of support and each such judgment to
22 be deemed entered as of the date the corresponding payment or
23 installment becomes due under the terms of the support order.
24 Each such judgment shall have the full force, effect and
25 attributes of any other judgment of this State, including the
26 ability to be enforced. A lien arises by operation of law
27 against the real and personal property of the noncustodial
28 parent for each installment of overdue support owed by the
29 noncustodial parent.
30 (e) When child support is to be paid through the clerk
31 of the court in a county of 1,000,000 inhabitants or less,
32 the order shall direct the obligor to pay to the clerk, in
33 addition to the child support payments, all fees imposed by
34 the county board under paragraph (3) of subsection (u) of
-20- LRB9010838DJcdam01
1 Section 27.1 of the Clerks of Courts Act. Unless paid in
2 cash or pursuant to an order for withholding, the payment of
3 the fee shall be by a separate instrument from the support
4 payment and shall be made to the order of the Clerk.
5 (f) All orders for support, when entered or modified,
6 shall include a provision requiring the obligor to notify the
7 court and, in cases in which a party is receiving child and
8 spouse services under Article X of the Illinois Public Aid
9 Code, the Illinois Department of Public Aid, within 7 days,
10 (i) of the name and address of any new employer of the
11 obligor, (ii) whether the obligor has access to health
12 insurance coverage through the employer or other group
13 coverage and, if so, the policy name and number and the names
14 of persons covered under the policy, and (iii) of any new
15 residential or mailing address or telephone number of the
16 non-custodial parent. In any subsequent action to enforce a
17 support order, upon a sufficient showing that a diligent
18 effort has been made to ascertain the location of the
19 non-custodial parent, service of process or provision of
20 notice necessary in the case may be made at the last known
21 address of the non-custodial parent in any manner expressly
22 provided by the Code of Civil Procedure or this Act, which
23 service shall be sufficient for purposes of due process.
24 (g) An order for support shall include a date on which
25 the current support obligation terminates. The termination
26 date shall be no earlier than the date on which the child
27 covered by the order will attain the age of majority or is
28 otherwise emancipated. The order for support shall state that
29 the termination date does not apply to any arrearage that may
30 remain unpaid on that date. Nothing in this subsection shall
31 be construed to prevent the court from modifying the order.
32 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
33 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
34 revised 10-7-97.)
-21- LRB9010838DJcdam01
1 (Text of Section after amendment by P.A. 90-539)
2 Sec. 505. Child support; contempt; penalties.
3 (a) In a proceeding for dissolution of marriage, legal
4 separation, declaration of invalidity of marriage, a
5 proceeding for child support following dissolution of the
6 marriage by a court which lacked personal jurisdiction over
7 the absent spouse, a proceeding for modification of a
8 previous order for child support under Section 510 of this
9 Act, or any proceeding authorized under Section 501 or 601 of
10 this Act, the court may order either or both parents owing a
11 duty of support to a child of the marriage to pay an amount
12 reasonable and necessary for his support, without regard to
13 marital misconduct. The duty of support owed to a minor
14 child includes the obligation to provide for the reasonable
15 and necessary physical, mental and emotional health needs of
16 the child.
17 (1) The Court shall determine the minimum amount of
18 support by using the following guidelines:
19 Number of Children Percent of Supporting Party's
20 Net Income
21 1 20%
22 2 25%
23 3 32%
24 4 40%
25 5 45%
26 6 or more 50%
27 (2) The above guidelines shall be applied in each
28 case unless the court makes a finding that application of
29 the guidelines would be inappropriate, after considering
30 the best interests of the child in light of evidence
31 including but not limited to one or more of the following
32 relevant factors:
33 (a) the financial resources and needs of the
34 child;
-22- LRB9010838DJcdam01
1 (b) the financial resources and needs of the
2 custodial parent;
3 (c) the standard of living the child would
4 have enjoyed had the marriage not been dissolved;
5 (d) the physical and emotional condition of
6 the child, and his educational needs; and
7 (e) the financial resources and needs of the
8 non-custodial parent.
9 If the court deviates from the guidelines, the
10 court's finding shall state the amount of support that
11 would have been required under the guidelines, if
12 determinable. The court shall include the reason or
13 reasons for the variance from the guidelines.
14 (3) "Net income" is defined as the total of all
15 income from all sources, minus the following deductions:
16 (a) Federal income tax (properly calculated
17 withholding or estimated payments);
18 (b) State income tax (properly calculated
19 withholding or estimated payments);
20 (c) Social Security (FICA payments);
21 (d) Mandatory retirement contributions
22 required by law or as a condition of employment;
23 (e) Union dues;
24 (f) Dependent and individual
25 health/hospitalization insurance premiums;
26 (g) Prior obligations of support or
27 maintenance actually paid pursuant to a court order;
28 (h) Expenditures for repayment of debts that
29 represent reasonable and necessary expenses for the
30 production of income, medical expenditures necessary
31 to preserve life or health, reasonable expenditures
32 for the benefit of the child and the other parent,
33 exclusive of gifts. The court shall reduce net
34 income in determining the minimum amount of support
-23- LRB9010838DJcdam01
1 to be ordered only for the period that such payments
2 are due and shall enter an order containing
3 provisions for its self-executing modification upon
4 termination of such payment period.
5 (4) In cases where the court order provides for
6 health/hospitalization insurance coverage pursuant to
7 Section 505.2 of this Act, the premiums for that
8 insurance, or that portion of the premiums for which the
9 supporting party is responsible in the case of insurance
10 provided through an employer's health insurance plan
11 where the employer pays a portion of the premiums, shall
12 be subtracted from net income in determining the minimum
13 amount of support to be ordered.
14 (4.5) In a proceeding for child support following
15 dissolution of the marriage by a court that lacked
16 personal jurisdiction over the absent spouse, and in
17 which the court is requiring payment of support for the
18 period before the date an order for current support is
19 entered, there is a rebuttable presumption that the
20 supporting party's net income for the prior period was
21 the same as his or her net income at the time the order
22 for current support is entered.
23 (5) If the net income cannot be determined because
24 of default or any other reason, the court shall order
25 support in an amount considered reasonable in the
26 particular case. The final order in all cases shall
27 state the support level in dollar amounts.
28 (b) Failure of either parent to comply with an order to
29 pay support shall be punishable as in other cases of
30 contempt. In addition to other penalties provided by law the
31 Court may, after finding the parent guilty of contempt, order
32 that the parent be:
33 (1) placed on probation with such conditions of
34 probation as the Court deems advisable;
-24- LRB9010838DJcdam01
1 (2) sentenced to periodic imprisonment for a period
2 not to exceed 6 months; provided, however, that the Court
3 may permit the parent to be released for periods of time
4 during the day or night to:
5 (A) work; or
6 (B) conduct a business or other self-employed
7 occupation.
8 The Court may further order any part or all of the
9 earnings of a parent during a sentence of periodic
10 imprisonment paid to the Clerk of the Circuit Court or to the
11 parent having custody or to the guardian having custody of
12 the minor children of the sentenced parent for the support of
13 said minor children until further order of the Court.
14 If there is a unity of interest and ownership sufficient
15 to render no financial separation between a non-custodial
16 parent and another person or persons or business entity, the
17 court may pierce the ownership veil of the person, persons,
18 or business entity to discover assets of the non-custodial
19 parent held in the name of that person, those persons, or
20 that business entity. The following circumstances are
21 sufficient to authorize a court to order discovery of the
22 assets of a person, persons, or business entity and to compel
23 the application of any discovered assets toward payment on
24 the judgment for support:
25 (1) the non-custodial parent and the person,
26 persons, or business entity maintain records together.
27 (2) the non-custodial parent and the person,
28 persons, or business entity fail to maintain an arms
29 length relationship between themselves with regard to any
30 assets.
31 (3) the non-custodial parent transfers assets to
32 the person, persons, or business entity with the intent
33 to perpetrate a fraud on the custodial parent.
34 With respect to assets which are real property, no order
-25- LRB9010838DJcdam01
1 entered under this paragraph shall affect the rights of bona
2 fide purchasers, mortgagees, judgment creditors, or other
3 lien holders who acquire their interests in the property
4 prior to the time a notice of lis pendens pursuant to the
5 Code of Civil Procedure or a copy of the order is placed of
6 record in the office of the recorder of deeds for the county
7 in which the real property is located.
8 The court may also order in cases where the parent is 90
9 days or more delinquent in payment of support or has been
10 adjudicated in arrears in an amount equal to 90 days
11 obligation or more, that the parent's Illinois driving
12 privileges be suspended until the court determines that the
13 parent is in compliance with the order of support. The court
14 may also order that the parent be issued a family financial
15 responsibility driving permit that would allow limited
16 driving privileges for employment and medical purposes in
17 accordance with Section 7-702.1 of the Illinois Vehicle Code.
18 The clerk of the circuit court shall certify the order
19 suspending the driving privileges of the parent or granting
20 the issuance of a family financial responsibility driving
21 permit to the Secretary of State on forms prescribed by the
22 Secretary. Upon receipt of the authenticated documents, the
23 Secretary of State shall suspend the parent's driving
24 privileges until further order of the court and shall, if
25 ordered by the court, subject to the provisions of Section
26 7-702.1 of the Illinois Vehicle Code, issue a family
27 financial responsibility driving permit to the parent.
28 In addition to the penalties or punishment that may be
29 imposed under this Section, any conduct that constitutes a
30 violation of Section 1 of the Non-Support of Spouse and
31 Children Act may be prosecuted under that Section, and a
32 person convicted under that Section may be sentenced in
33 accordance with that Section. The sentence may include but
34 shall not be limited to a requirement that the person perform
-26- LRB9010838DJcdam01
1 community service under subsection (b) of that Section or
2 participate in a work alternative program under subsection
3 (c) of that Section. A person may not be required to perform
4 community service under subsection (b) of that Section or
5 participate in a work alternative program under subsection
6 (c) of that Section if the person is currently participating
7 in a work program pursuant to Section 505.1 of this Act.
8 (c) A one-time charge of 20% is imposable upon the
9 amount of past-due child support owed on July 1, 1988 which
10 has accrued under a support order entered by the court. The
11 charge shall be imposed in accordance with the provisions of
12 Section 10-21 of the Illinois Public Aid Code and shall be
13 enforced by the court upon petition.
14 (d) Any new or existing support order entered by the
15 court under this Section shall be deemed to be a series of
16 judgments against the person obligated to pay support
17 thereunder, each such judgment to be in the amount of each
18 payment or installment of support and each such judgment to
19 be deemed entered as of the date the corresponding payment or
20 installment becomes due under the terms of the support order.
21 Each such judgment shall have the full force, effect and
22 attributes of any other judgment of this State, including the
23 ability to be enforced. A lien arises by operation of law
24 against the real and personal property of the noncustodial
25 parent for each installment of overdue support owed by the
26 noncustodial parent.
27 (e) When child support is to be paid through the clerk
28 of the court in a county of 1,000,000 inhabitants or less,
29 the order shall direct the obligor to pay to the clerk, in
30 addition to the child support payments, all fees imposed by
31 the county board under paragraph (3) of subsection (u) of
32 Section 27.1 of the Clerks of Courts Act. Unless paid in
33 cash or pursuant to an order for withholding, the payment of
34 the fee shall be by a separate instrument from the support
-27- LRB9010838DJcdam01
1 payment and shall be made to the order of the Clerk.
2 (f) All orders for support, when entered or modified,
3 shall include a provision requiring the obligor to notify the
4 court and, in cases in which a party is receiving child and
5 spouse services under Article X of the Illinois Public Aid
6 Code, the Illinois Department of Public Aid, within 7 days,
7 (i) of the name and address of any new employer of the
8 obligor, (ii) whether the obligor has access to health
9 insurance coverage through the employer or other group
10 coverage and, if so, the policy name and number and the names
11 of persons covered under the policy, and (iii) of any new
12 residential or mailing address or telephone number of the
13 non-custodial parent. In any subsequent action to enforce a
14 support order, upon a sufficient showing that a diligent
15 effort has been made to ascertain the location of the
16 non-custodial parent, service of process or provision of
17 notice necessary in the case may be made at the last known
18 address of the non-custodial parent in any manner expressly
19 provided by the Code of Civil Procedure or this Act, which
20 service shall be sufficient for purposes of due process.
21 (g) An order for support shall include a date on which
22 the current support obligation terminates. The termination
23 date shall be no earlier than the date on which the child
24 covered by the order will attain the age of majority or is
25 otherwise emancipated. The order for support shall state that
26 the termination date does not apply to any arrearage that may
27 remain unpaid on that date. Nothing in this subsection shall
28 be construed to prevent the court from modifying the order.
29 (h) An order entered under this Section shall include a
30 provision requiring the obligor to report to the obligee and
31 to the clerk of court within 10 days each time the obligor
32 obtains new employment, and each time the obligor's
33 employment is terminated for any reason. The report shall be
34 in writing and shall, in the case of new employment, include
-28- LRB9010838DJcdam01
1 the name and address of the new employer. Failure to report
2 new employment or the termination of current employment, if
3 coupled with nonpayment of support for a period in excess of
4 60 days, is indirect criminal contempt. For any obligor
5 arrested for failure to report new employment bond shall be
6 set in the amount of the child support that should have been
7 paid during the period of unreported employment. An order
8 entered under this Section shall also include a provision
9 requiring the obligor and obligee parents to advise each
10 other of a change in residence within 5 days of the change
11 except when the court finds that the physical, mental, or
12 emotional health of a party or that of a minor child, or
13 both, would be seriously endangered by disclosure of the
14 party's address.
15 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
16 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
17 90-539, eff. 6-1-98; revised 12-15-97.)
18 Section 30. The Non-Support of Spouse and Children Act
19 is amended by changing Section 1 as follows:
20 (750 ILCS 15/1) (from Ch. 40, par. 1101)
21 Sec. 1. Neglect or refusal to support; penalties.
22 (a) Every person who shall, without any lawful excuse,
23 neglect or refuse to provide for the support or maintenance
24 of his or her spouse, said spouse being in need of such
25 support or maintenance, or any person who shall, without
26 lawful excuse, desert or neglect or refuse to provide for the
27 support or maintenance of his or her child or children under
28 the age of 18 years, in need of such support or maintenance,
29 shall be deemed guilty of a Class A misdemeanor and shall be
30 liable under the provisions of the Illinois "Public Aid Code
31 of Illinois", approved April 11, 1967, to the Supervisor of
32 General Assistance, the Department of Human Services, or to
-29- LRB9010838DJcdam01
1 the Illinois Department of Public Aid, as the case may be, in
2 a civil action, for the amount of general assistance or
3 assistance provided to his or her spouse or children, or both
4 his spouse and children.
5 (b) In addition to any other penalties imposed for a
6 violation of this Section, the court may order the offender
7 to perform community service for not less than 30 and not
8 more than 120 hours, if community service is available in the
9 jurisdiction and is funded and approved by the county board
10 of the county where the offense was committed. In addition,
11 whenever any person is placed on supervision for an alleged
12 violation of this Section, the supervision shall be
13 conditioned upon the performance of the community service. A
14 person may not be required to perform community service under
15 this subsection (b) if the person is currently participating
16 in a work program pursuant to Section 12 of this Act.
17 (c) In addition to any other penalties imposed for a
18 violation of this Section, the court may sentence the
19 offender to service in a work alternative program
20 administered by the sheriff. The conditions of the program
21 are that the offender obtain or retain employment and
22 participate in a work alternative program administered by the
23 sheriff during nonworking hours. A portion of the
24 defendant's salary, as determined using the guidelines and
25 standards set forth in subsection (a) of Section 505 and in
26 Section 505.2 of the Illinois Marriage and Dissolution of
27 Marriage Act shall be deducted to pay for spouse or child
28 support. A person may not be required to participate in a
29 work alternative program under this subsection (c) if the
30 person is currently participating in a work program pursuant
31 to Section 12 of this Act.
32 (Source: P.A. 77-2528; revised 3-2-98.)
33 Section 35. The Uniform Interstate Family Support Act is
-30- LRB9010838DJcdam01
1 amended by changing Section 318 as follows:
2 (750 ILCS 22/318)
3 Sec. 318. Assistance with discovery. A tribunal of this
4 State may:
5 (1) request a tribunal of another state to assist in
6 obtaining discovery; and
7 (2) upon request, compel a person over whom it has
8 jurisdiction to respond to a discovery order issued by a
9 tribunal of another state;.
10 (3) upon request by a tribunal of another state, issue a
11 subpoena or a subpoena duces tecum (in the case of a
12 tribunal authorized to issue subpoenas) or direct the clerk
13 of the circuit court to issue a subpoena or a subpoena duces
14 tecum (in the case of the circuit court) requiring a person
15 in this State to appear at a deposition or before a tribunal
16 and answer questions or produce documents or other tangible
17 things for the purpose of obtaining information regarding
18 the person's assets, income, and ability to pay a support
19 order or judgment entered in the other state; and
20 (4) request a tribunal of another state to issue or
21 cause to be issued a subpoena or a subpoena duces tecum
22 requiring a person in the other state to appear at a
23 deposition or before a tribunal in that state and answer
24 questions or produce documents or other tangible things for
25 the purpose of obtaining information regarding the person's
26 assets, income, and ability to pay a support order or
27 judgment entered in this State.
28 The clerk of the circuit court shall issue a subpoena or
29 a subpoena duces tecum when directed to do so by the circuit
30 court in accordance with this Section.
31 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
32 by P.A. 88-691.)
-31- LRB9010838DJcdam01
1 Section 40. The Illinois Parentage Act of 1984 is
2 amended by changing Section 15 as follows:
3 (750 ILCS 45/15) (from Ch. 40, par. 2515)
4 Sec. 15. Enforcement of Judgment or Order.
5 (a) If existence of the parent and child relationship is
6 declared, or paternity or duty of support has been
7 established under this Act or under prior law or under the
8 law of any other jurisdiction, the judgment rendered
9 thereunder may be enforced in the same or other proceedings
10 by any party or any person or agency that has furnished or
11 may furnish financial assistance or services to the child.
12 Sections 14, 16 and 20 of this Act shall also be applicable
13 with respect to entry, modification and enforcement of any
14 support judgment entered under provisions of the "Paternity
15 Act", approved July 5, 1957, as amended, repealed July 1,
16 1985.
17 (b) Failure to comply with any order of the court shall
18 be punishable as contempt as in other cases of failure to
19 comply under the "Illinois Marriage and Dissolution of
20 Marriage Act", as now or hereafter amended. In addition to
21 other penalties provided by law, the court may, after finding
22 the party guilty of contempt, order that the party be:
23 (1) Placed on probation with such conditions of
24 probation as the court deems advisable;
25 (2) Sentenced to periodic imprisonment for a period
26 not to exceed 6 months. However, the court may permit
27 the party to be released for periods of time during the
28 day or night to work or conduct business or other
29 self-employed occupation. The court may further order
30 any part of all the earnings of a party during a sentence
31 of periodic imprisonment to be paid to the Clerk of the
32 Circuit Court or to the person or parent having custody
33 of the minor child for the support of said child until
-32- LRB9010838DJcdam01
1 further order of the court.
2 (2.5) The court may also pierce the ownership veil
3 of a person, persons, or business entity to discover
4 assets of a non-custodial parent held in the name of that
5 person, those persons, or that business entity if there
6 is a unity of interest and ownership sufficient to render
7 no financial separation between the non-custodial parent
8 and that person, those persons, or the business entity.
9 The following circumstances are sufficient for a court to
10 order discovery of the assets of a person, persons, or
11 business entity and to compel the application of any
12 discovered assets toward payment on the judgment for
13 support:
14 (A) the non-custodial parent and the person,
15 persons, or business entity maintain records
16 together.
17 (B) the non-custodial parent and the person,
18 persons, or business entity fail to maintain an arms
19 length relationship between themselves with regard
20 to any assets.
21 (C) the non-custodial parent transfers assets
22 to the person, persons, or business entity with the
23 intent to perpetrate a fraud on the custodial
24 parent.
25 With respect to assets which are real property, no
26 order entered under this subdivision (2.5) shall affect
27 the rights of bona fide purchasers, mortgagees, judgment
28 creditors, or other lien holders who acquire their
29 interests in the property prior to the time a notice of
30 lis pendens pursuant to the Code of Civil Procedure or a
31 copy of the order is placed of record in the office of
32 the recorder of deeds for the county in which the real
33 property is located.
34 (3) The court may also order that in cases where
-33- LRB9010838DJcdam01
1 the party is 90 days or more delinquent in payment of
2 support or has been adjudicated in arrears in an amount
3 equal to 90 days obligation or more, that the party's
4 Illinois driving privileges be suspended until the court
5 determines that the party is in compliance with the
6 judgement or duty of support. The court may also order
7 that the parent be issued a family financial
8 responsibility driving permit that would allow limited
9 driving privileges for employment and medical purposes in
10 accordance with Section 7-702.1 of the Illinois Vehicle
11 Code. The clerk of the circuit court shall certify the
12 order suspending the driving privileges of the parent or
13 granting the issuance of a family financial
14 responsibility driving permit to the Secretary of State
15 on forms prescribed by the Secretary. Upon receipt of the
16 authenticated documents, the Secretary of State shall
17 suspend the party's driving privileges until further
18 order of the court and shall, if ordered by the court,
19 subject to the provisions of Section 7-702.1 of the
20 Illinois Vehicle Code, issue a family financial
21 responsibility driving permit to the parent.
22 In addition to the penalties or punishment that may be
23 imposed under this Section, any conduct that constitutes a
24 violation of Section 1 of the Non-Support of Spouse and
25 Children Act may be prosecuted under that Section, and a
26 person convicted under that Section may be sentenced in
27 accordance with that Section. The sentence may include but
28 shall not be limited to a requirement that the person perform
29 community service under subsection (b) of that Section or
30 participate in a work alternative program under subsection
31 (c) of that Section. A person may not be required to perform
32 community service under subsection (b) of that Section or
33 participate in a work alternative program under subsection
34 (c) of that Section if the person is currently participating
-34- LRB9010838DJcdam01
1 in a work program pursuant to Section 15.1 of this Act.
2 (c) In any post-judgment proceeding to enforce or modify
3 the judgment the parties shall continue to be designated as
4 in the original proceeding.
5 (Source: P.A. 89-92, eff. 7-1-96; 90-476, eff. 1-1-98.)
6 Section 45. The Illinois Domestic Violence Act of 1986
7 is amended by changing Section 223 as follows:
8 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
9 Sec. 223. Enforcement of orders of protection.
10 (a) When violation is crime. A violation of any order of
11 protection, whether issued in a civil or criminal proceeding,
12 may be enforced by a criminal court when:
13 (1) The respondent commits the crime of violation
14 of order of protection pursuant to Section 12-30 of the
15 Criminal Code of 1961, by having knowingly violated
16 remedies described in paragraphs (1), (2), (3), or (14)
17 of subsection (b) of Section 214 of this Act or any other
18 remedy when the act constitutes a crime against the
19 protected parties as defined by the Criminal Code of
20 1961. Prosecution for a violation of an order of
21 protection shall not bar concurrent prosecution for any
22 other crime, including any crime that may have been
23 committed at the time of the violation of the order of
24 protection; or
25 (2) The respondent commits the crime of child
26 abduction pursuant to Section 10-5 of the Criminal Code
27 of 1961, by having knowingly violated remedies described
28 in paragraphs (5), (6) or (8) of subsection (b) of
29 Section 214 of this Act.
30 (b) When violation is contempt of court. A violation of
31 any valid Illinois order of protection, whether issued in a
32 civil or criminal proceeding, may be enforced through civil
-35- LRB9010838DJcdam01
1 or criminal contempt procedures, as appropriate, by any court
2 with jurisdiction, regardless where the act or acts which
3 violated the order of protection were committed, to the
4 extent consistent with the venue provisions of this Act.
5 Nothing in this Act shall preclude any Illinois court from
6 enforcing any valid order of protection issued in another
7 state. Illinois courts may enforce orders of protection
8 through both criminal prosecution and contempt proceedings,
9 unless the action which is second in time is barred by
10 collateral estoppel or the constitutional prohibition against
11 double jeopardy.
12 (1) In a contempt proceeding where the petition for
13 a rule to show cause sets forth facts evidencing an
14 immediate danger that the respondent will flee the
15 jurisdiction, conceal a child, or inflict physical abuse
16 on the petitioner or minor children or on dependent
17 adults in petitioner's care, the court may order the
18 attachment of the respondent without prior service of the
19 rule to show cause or the petition for a rule to show
20 cause. Bond shall be set unless specifically denied in
21 writing.
22 (2) A petition for a rule to show cause for
23 violation of an order of protection shall be treated as
24 an expedited proceeding.
25 (c) Violation of custody or support orders. A violation
26 of remedies described in paragraphs (5), (6), (8), or (9) of
27 subsection (b) of Section 214 of this Act may be enforced by
28 any remedy provided by Section 611 of the Illinois Marriage
29 and Dissolution of Marriage Act. The court may enforce any
30 order for support issued under paragraph (12) of subsection
31 (b) of Section 214 in the manner provided for under Articles
32 V and VII of the Illinois Marriage and Dissolution of
33 Marriage Act.
34 (d) Actual knowledge. An order of protection may be
-36- LRB9010838DJcdam01
1 enforced pursuant to this Section if the respondent violates
2 the order after the respondent has actual knowledge of its
3 contents as shown through one of the following means:
4 (1) By service, delivery, or notice under Section
5 210.
6 (2) By notice under Section 210.1 or 211.
7 (3) By service of an order of protection under
8 Section 222.
9 (4) By other means demonstrating actual knowledge
10 of the contents of the order.
11 (e) The enforcement of an order of protection in civil
12 or criminal court shall not be affected by either of the
13 following:
14 (1) The existence of a separate, correlative order,
15 entered under Section 215.
16 (2) Any finding or order entered in a conjoined
17 criminal proceeding.
18 (f) Circumstances. The court, when determining whether
19 or not a violation of an order of protection has occurred,
20 shall not require physical manifestations of abuse on the
21 person of the victim.
22 (g) Penalties.
23 (1) Except as provided in paragraph (3) of this
24 subsection, where the court finds the commission of a
25 crime or contempt of court under subsections (a) or (b)
26 of this Section, the penalty shall be the penalty that
27 generally applies in such criminal or contempt
28 proceedings, and may include one or more of the
29 following: incarceration, payment of restitution, a fine,
30 payment of attorneys' fees and costs, or community
31 service.
32 (2) The court shall hear and take into account
33 evidence of any factors in aggravation or mitigation
34 before deciding an appropriate penalty under paragraph
-37- LRB9010838DJcdam01
1 (1) of this subsection.
2 (3) To the extent permitted by law, the court is
3 encouraged to:
4 (i) increase the penalty for the knowing
5 violation of any order of protection over any
6 penalty previously imposed by any court for
7 respondent's violation of any order of protection or
8 penal statute involving petitioner as victim and
9 respondent as defendant;
10 (ii) impose a minimum penalty of 24 hours
11 imprisonment for respondent's first violation of any
12 order of protection; and
13 (iii) impose a minimum penalty of 48 hours
14 imprisonment for respondent's second or subsequent
15 violation of an order of protection
16 unless the court explicitly finds that an increased
17 penalty or that period of imprisonment would be
18 manifestly unjust.
19 (3.5) In addition to any other sentence that may be
20 imposed, a court may order any person convicted of
21 violation of an order of protection to perform community
22 service for not less than 30 and not more than 120 hours,
23 if community service is available in the jurisdiction and
24 is funded and approved by the county board of the county
25 where the offense was committed. In addition, whenever
26 any person is placed on supervision for an alleged
27 offense under this Section, the supervision shall be
28 conditional upon the performance of the community
29 service. The court shall authorize the county to charge
30 a person convicted of violation of an order of protection
31 for the costs of the community service based upon the
32 person's ability to pay for those costs.
33 (4) In addition to any other penalties imposed for
34 a violation of an order of protection, a criminal court
-38- LRB9010838DJcdam01
1 may consider evidence of any violations of an order of
2 protection:
3 (i) to increase, revoke or modify the bail
4 bond on an underlying criminal charge pursuant to
5 Section 110-6 of the Code of Criminal Procedure of
6 1963;
7 (ii) to revoke or modify an order of
8 probation, conditional discharge or supervision,
9 pursuant to Section 5-6-4 of the Unified Code of
10 Corrections;
11 (iii) to revoke or modify a sentence of
12 periodic imprisonment, pursuant to Section 5-7-2 of
13 the Unified Code of Corrections.
14 (5) In addition to any other penalties, the court
15 shall impose an additional fine of $20 as authorized by
16 Section 5-9-1.11 of the Unified Code of Corrections upon
17 any person convicted of or placed on supervision for a
18 violation of an order of protection. The additional fine
19 shall be imposed for each violation of this Section.
20 (Source: P.A. 90-241, eff. 1-1-98.)
21 Section 95. No acceleration or delay. Where this Act
22 makes changes in a statute that is represented in this Act by
23 text that is not yet or no longer in effect (for example, a
24 Section represented by multiple versions), the use of that
25 text does not accelerate or delay the taking effect of (i)
26 the changes made by this Act or (ii) provisions derived from
27 any other Public Act.
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.".