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90_HB3415ham002
LRB9010838DJcdam02
1 AMENDMENT TO HOUSE BILL 3415
2 AMENDMENT NO. . Amend House Bill 3415, AS AMENDED,
3 as follows:
4 by replacing everything after the enacting clause with the
5 following:
6 "Section 5. The Illinois Public Aid Code is amended by
7 changing Section 10-16 as follows:
8 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
9 Sec. 10-16. Judicial enforcement of court and
10 administrative support orders.) Court orders entered in
11 proceedings under Section 10-10 and court orders for
12 enforcement of an administrative order under Section 10-15
13 and for the payment of money may be enforced by attachment as
14 for contempt against the persons of the defendants, and in
15 addition, as other judgments for the payment of money, and
16 costs may be adjudged against the defendants and apportioned
17 among them; but if the complaint is dismissed, costs shall be
18 borne by the Illinois Department or the local governmental
19 unit, as the case may be. If a responsible relative is
20 directed by the Illinois Department, or the local
21 governmental unit, under the conditions stated in Section
22 10-8, to make support payments directly to the person, or to
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1 some person or agency in his behalf, the court order entered
2 against him under this Section or Section 10-10 may be
3 enforced as herein provided if he thereafter fails to furnish
4 support in accordance with its terms. The State of Illinois
5 shall not be required to make a deposit for or pay any costs
6 or fees of any court or officer thereof in any proceeding
7 instituted under this Section.
8 The provisions of the Civil Practice Law, and all
9 amendments and modifications thereof, shall apply to and
10 govern all actions instituted under this Section and Section
11 10-10. In such actions proof that a person is an applicant
12 for or recipient of public aid under any Article of this Code
13 shall be prima facie proof that he is a person in necessitous
14 circumstances by reason of infirmity, unemployment or other
15 cause depriving him of the means of a livelihood compatible
16 with health and well-being.
17 Payments under this Section to the Illinois Department
18 pursuant to the Child Support Enforcement Program established
19 by Title IV-D of the Social Security Act shall be paid into
20 the Child Support Enforcement Trust Fund. All other payments
21 under this Section to the Illinois Department shall be
22 deposited in the Public Assistance Recoveries Trust Fund.
23 Disbursements from these funds shall be as provided in
24 Sections 12-9 and 12-10.2 of this Code. Payments received by
25 a local governmental unit shall be deposited in that unit's
26 General Assistance Fund.
27 In addition to the penalties or punishment that may be
28 imposed under this Section, any person whose conduct
29 constitutes a violation of Section 1 of the Non-Support of
30 Spouse and Children Act may be prosecuted under that Section,
31 and a person convicted under that Section may be sentenced in
32 accordance with that Section. The sentence may include but
33 need not be limited to a requirement that the person perform
34 community service under subsection (b) of that Section or
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1 participate in a work alternative program under subsection
2 (c) of that Section. A person may not be required to
3 participate in a work alternative program under subsection
4 (c) of that Section if the person is currently participating
5 in a work program pursuant to Section 10-11.1 of this Code.
6 (Source: P.A. 83-1126.)
7 Section 10. The Illinois Vehicle Code is amended by
8 changing Sections 3-408 and 6-103 as follows:
9 (625 ILCS 5/3-408) (from Ch. 95 1/2, par. 3-408)
10 Sec. 3-408. Grounds for refusing registration or
11 certificate of title. The Secretary of State shall refuse
12 registration or any transfer of registration upon any of the
13 following grounds:
14 1. That the application contains any false or fraudulent
15 statement or that the applicant has failed to furnish
16 required information or reasonable additional information
17 requested by the Secretary of State or that the applicant is
18 not entitled to the issuance of a certificate of title or
19 registration of the vehicle under Chapter 3;
20 2. That the Secretary of State has reasonable ground to
21 believe that the vehicle is a stolen or embezzled vehicle or
22 that the granting of registration would constitute a fraud
23 against the rightful owner or other person having valid lien
24 upon such vehicle;
25 3. That the registration of the vehicle stands suspended
26 or revoked for any reason as provided in the motor-vehicle
27 laws of this State;
28 4. That the required fee has not been paid; or
29 5. (a) In the case of medical transport vehicles, that
30 the application does not contain a copy of a completed
31 Vehicle Inspection Report issued by the Department of
32 Transportation which certifies that the vehicle has been
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1 determined to be in safe mechanical condition by a safety
2 test administered within the preceding 6 months; and (b) in
3 the case of medical transport vehicles, other than vehicles
4 owned or operated by a unit of local government, proof of
5 financial responsibility; or.
6 6. That the applicant is 90 days or more delinquent in
7 court ordered child support payments or has been adjudicated
8 in arrears in an amount equal to 90 days' obligation or more
9 and has been found in contempt of court for failure to pay
10 the support, subject to the requirements and procedures of
11 Article VII of Chapter 7 of the Illinois Vehicle Code.
12 (Source: P.A. 82-949.)
13 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
14 Sec. 6-103. What persons shall not be licensed as drivers
15 or granted permits. The Secretary of State shall not issue,
16 renew, or allow the retention of any driver's license nor
17 issue any permit under this Code:
18 1. To any person, as a driver, who is under the age
19 of 18 years except as provided in Section 6-107, and
20 except that an instruction permit may be issued under
21 paragraphs (a) and (b) of Section 6-105 to a child who is
22 not less than 15 years of age if the child is enrolled in
23 an approved driver education course as defined in Section
24 1-103 of this Code and requires an instruction permit to
25 participate therein, except that an instruction permit
26 may be issued under the provisions of Section 6-107.1 to
27 a child who is 17 years and 9 months of age without the
28 child having enrolled in an approved driver education
29 course and except that an instruction permit may be
30 issued to a child who is at least 15 years and 6 months
31 of age, is enrolled in school, meets the educational
32 requirements of the Driver Education Act, and has passed
33 examinations the Secretary of State in his or her
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1 discretion may prescribe;
2 2. To any person who is under the age of 18 as an
3 operator of a motorcycle other than a motor driven cycle
4 unless the person has, in addition to meeting the
5 provisions of Section 6-107 of this Code, completed a
6 motorcycle training course approved by the Illinois
7 Department of Transportation and successfully completes
8 the required Secretary of State's motorcycle driver's
9 examination;
10 3. To any person, as a driver, whose driver's
11 license or permit has been suspended, during the
12 suspension, nor to any person whose driver's license or
13 permit has been revoked, except as provided in Sections
14 6-205, 6-206, and 6-208;
15 4. To any person, as a driver, who is a user of
16 alcohol or any other drug to a degree that renders the
17 person incapable of safely driving a motor vehicle;
18 5. To any person, as a driver, who has previously
19 been adjudged to be afflicted with or suffering from any
20 mental or physical disability or disease and who has not
21 at the time of application been restored to competency by
22 the methods provided by law;
23 6. To any person, as a driver, who is required by
24 the Secretary of State to submit an alcohol and drug
25 evaluation or take an examination provided for in this
26 Code unless the person has successfully passed the
27 examination and submitted any required evaluation;
28 7. To any person who is required under the
29 provisions of the laws of this State to deposit security
30 or proof of financial responsibility and who has not
31 deposited the security or proof;
32 8. To any person when the Secretary of State has
33 good cause to believe that the person by reason of
34 physical or mental disability would not be able to safely
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1 operate a motor vehicle upon the highways, unless the
2 person shall furnish to the Secretary of State a verified
3 written statement, acceptable to the Secretary of State,
4 from a competent medical specialist to the effect that
5 the operation of a motor vehicle by the person would not
6 be inimical to the public safety;
7 9. To any person, as a driver, who is 69 years of
8 age or older, unless the person has successfully complied
9 with the provisions of Section 6-109;
10 10. To any person convicted, within 12 months of
11 application for a license, of any of the sexual offenses
12 enumerated in paragraph 2 of subsection (b) of Section
13 6-205;
14 11. To any person who is under the age of 21 years
15 with a classification prohibited in paragraph (b) of
16 Section 6-104 and to any person who is under the age of
17 18 years with a classification prohibited in paragraph
18 (c) of Section 6-104;
19 12. To any person who has been either convicted of
20 or adjudicated under the Juvenile Court Act of 1987 based
21 upon a violation of the Cannabis Control Act or the
22 Illinois Controlled Substances Act while that person was
23 in actual physical control of a motor vehicle. For
24 purposes of this Section, any person placed on probation
25 under Section 10 of the Cannabis Control Act or Section
26 410 of the Illinois Controlled Substances Act shall not
27 be considered convicted. Any person found guilty of this
28 offense, while in actual physical control of a motor
29 vehicle, shall have an entry made in the court record by
30 the judge that this offense did occur while the person
31 was in actual physical control of a motor vehicle and
32 order the clerk of the court to report the violation to
33 the Secretary of State as such. The Secretary of State
34 shall not issue a new license or permit for a period of
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1 one year; or
2 13. To any person who is under the age of 18 years
3 and who has committed the offense of operating a motor
4 vehicle without a valid license or permit in violation of
5 Section 6-101; or.
6 14. To any person who is 90 days or more delinquent
7 in court ordered child support payments or has been
8 adjudicated in arrears in an amount equal to 90 days'
9 obligation or more and who has been found in contempt of
10 court for failure to pay the support, subject to the
11 requirements and procedures of Article VII of Chapter 7
12 of the Illinois Vehicle Code.
13 The Secretary of State shall retain all conviction
14 information, if the information is required to be held
15 confidential under the Juvenile Court Act of 1987.
16 (Source: P.A. 90-369, eff. 1-1-98.)
17 Section 15. The Juvenile Court Act of 1987 is amended by
18 changing Section 1-12 as follows:
19 (705 ILCS 405/1-12) (from Ch. 37, par. 801-12)
20 Sec. 1-12. Neither the State, any unit of local
21 government, probation department, public or community service
22 program or site, nor any official or employee thereof acting
23 in the course of their official duties shall be liable for
24 any injury or loss a person might receive while performing
25 public or community service as ordered by the court or by a
26 youth officer or his or her designee, including a teen court
27 or peer jury, nor shall they be liable for any tortious acts
28 of any person performing public or community service, except
29 for wilful, wanton misconduct or gross negligence on the part
30 of such governmental unit, official or employee.
31 (Source: P.A. 85-1209.)
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1 Section 20. The Criminal Code of 1961 is amended by
2 changing Sections 12-1, 12-30, and 17-1 as follows:
3 (720 ILCS 5/12-1) (from Ch. 38, par. 12-1)
4 Sec. 12-1. Assault.
5 (a) A person commits an assault when, without lawful
6 authority, he engages in conduct which places another in
7 reasonable apprehension of receiving a battery.
8 (b) Sentence. Assault is a Class C misdemeanor.
9 (c) In addition to any other sentence that may be
10 imposed, a court shall order any person convicted of assault
11 to perform community service for not less than 30 and not
12 more than 120 hours, if community service is available in the
13 jurisdiction and is funded and approved by the county board
14 of the county where the offense was committed. In addition,
15 whenever any person is placed on supervision for an alleged
16 offense under this Section, the supervision shall be
17 conditioned upon the performance of the community service.
18 The court shall authorize the county to charge a person
19 convicted of or placed on supervision for assault for the
20 costs of the community service based upon the administration
21 of the program and the person's ability to pay for those
22 costs.
23 This subsection does not apply when the court imposes a
24 sentence of incarceration.
25 (Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
26 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
27 Sec. 12-30. Violation of an order of protection.
28 (a) A person commits violation of an order of protection
29 if he or she:
30 (1) Commits an act which was prohibited by a court
31 or fails to commit an act which was ordered by a court in
32 violation of a remedy in a valid order of protection
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1 authorized under paragraphs (1), (2), (3), or (14) of
2 subsection (b) of Section 214 of the Illinois Domestic
3 Violence Act of 1986, or any other remedy when the act
4 constitutes a crime against the protected parties as the
5 term protected parties is defined in Section 112A-4 of
6 the Code of Criminal Procedure of 1963.
7 (2) Such violation occurs after the offender has
8 been served notice of the contents of the order, pursuant
9 to the Illinois Domestic Violence Act, or otherwise has
10 acquired actual knowledge of the contents of the order.
11 (b) For purposes of this Section, an "order of
12 protection" may have been issued by any circuit or associate
13 judge in the State of Illinois in a criminal or civil
14 proceeding.
15 (c) Nothing in this Section shall be construed to
16 diminish the inherent authority of the courts to enforce
17 their lawful orders through civil or criminal contempt
18 proceedings.
19 (d) Violation of an order of protection under subsection
20 (a) of this Section is a Class A misdemeanor. A second or
21 subsequent offense is a Class 4 felony. The court shall
22 impose a minimum penalty of 24 hours imprisonment for
23 defendant's second or subsequent violation of any order of
24 protection; unless the court explicitly finds that an
25 increased penalty or such period of imprisonment would be
26 manifestly unjust. In addition to any other penalties, the
27 court may order the defendant to pay a fine as authorized
28 under Section 5-9-1 of the Unified Code of Corrections or to
29 make restitution to the victim under Section 5-5-6 of the
30 Unified Code of Corrections. In addition to any other
31 penalties, including those imposed by Section 5-9-1.5 of the
32 Unified Code of Corrections, the court shall impose an
33 additional fine of $20 as authorized by Section 5-9-1.11 of
34 the Unified Code of Corrections upon any person convicted of
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1 or placed on supervision for a violation of this Section.
2 The additional fine shall be imposed for each violation of
3 this Section. In addition to any other sentence that may be
4 imposed, a court may order any person convicted of violation
5 of an order of protection to perform community service for
6 not less than 30 and not more than 120 hours, if community
7 service is available in the jurisdiction and is funded and
8 approved by the county board of the county where the offense
9 was committed. In addition, whenever any person is placed on
10 supervision for an alleged offense under this Section, the
11 supervision shall be conditional upon the performance of the
12 community service. The court shall authorize the county to
13 charge a person convicted of violation of an order of
14 protection for the costs of the community service based upon
15 the person's ability to pay for those costs.
16 (Source: P.A. 90-241, eff. 1-1-98.)
17 (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
18 Sec. 17-1. Deceptive practices. (A) As used in this
19 Section:
20 (i) A financial institution means any bank, savings and
21 loan association, credit union, or other depository of money,
22 or medium of savings and collective investment.
23 (ii) An account holder is any person, having a checking
24 account or savings account in a financial institution.
25 (iii) To act with the "intent to defraud" means to act
26 wilfully, and with the specific intent to deceive or cheat,
27 for the purpose of causing financial loss to another, or to
28 bring some financial gain to oneself. It is not necessary to
29 establish that any person was actually defrauded or deceived.
30 (B) General Deception
31 A person commits a deceptive practice when, with intent to
32 defraud:
33 (a) He causes another, by deception or threat to execute
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1 a document disposing of property or a document by which a
2 pecuniary obligation is incurred, or
3 (b) Being an officer, manager or other person
4 participating in the direction of a financial institution, he
5 knowingly receives or permits the receipt of a deposit or
6 other investment, knowing that the institution is insolvent,
7 or
8 (c) He knowingly makes or directs another to make a
9 false or deceptive statement addressed to the public for the
10 purpose of promoting the sale of property or services, or
11 (d) With intent to obtain control over property or to
12 pay for property, labor or services of another, or to pay a
13 fee to a Clerk of the Circuit Court, or in satisfaction of an
14 obligation for payment of tax under the Retailers' Occupation
15 Tax Act or any other tax due to the State of Illinois, he
16 issues or delivers a check or other order upon a real or
17 fictitious depository for the payment of money, knowing that
18 it will not be paid by the depository. Failure to have
19 sufficient funds or credit with the depository when the check
20 or other order is issued or delivered, or when such check or
21 other order is presented for payment and dishonored on each
22 of 2 occasions at least 7 days apart, is prima facie evidence
23 that the offender knows that it will not be paid by the
24 depository, and that he has the intent to defraud.
25 (e) He issues or delivers a check or other order upon a
26 real or fictitious depository in an amount exceeding $150 in
27 payment of an amount owed on any credit transaction for
28 property, labor or services, or in payment of the entire
29 amount owed on any credit transaction for property, labor or
30 services, knowing that it will not be paid by the depository,
31 and thereafter fails to provide funds or credit with the
32 depository in the face amount of the check or order within
33 seven days of receiving actual notice from the depository or
34 payee of the dishonor of the check or order.
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1 Sentence.
2 A person convicted of deceptive practice under paragraphs
3 (a) through (e) of this subsection (B), except as otherwise
4 provided by this Section, is guilty of a Class A misdemeanor.
5 A person convicted of a deceptive practice in violation
6 of paragraph (d) a second or subsequent time shall be guilty
7 of a Class 4 felony.
8 A person convicted of deceptive practices in violation of
9 paragraph (d), when the value of the property so obtained, in
10 a single transaction, or in separate transactions within a 90
11 day period, exceeds $150, shall be guilty of a Class 4
12 felony. In the case of a prosecution for separate
13 transactions totaling more than $150 within a 90 day period,
14 such separate transactions shall be alleged in a single
15 charge and provided in a single prosecution.
16 (C) Deception on a Bank or Other Financial Institution
17 False Statements
18 1) Any person who, with the intent to defraud, makes or
19 causes to be made, any false statement in writing in order to
20 obtain an account with a bank or other financial institution,
21 or to obtain credit from a bank or other financial
22 institution, knowing such writing to be false, and with the
23 intent that it be relied upon, is guilty of a Class A
24 misdemeanor.
25 For purposes of this subsection (C), a false statement
26 shall mean any false statement representing identity,
27 address, or employment, or the identity, address or
28 employment of any person, firm or corporation.
29 Possession of Stolen or Fraudulently Obtained Checks
30 2) Any person who possesses, with the intent to defraud,
31 any check or order for the payment of money, upon a real or
32 fictitious account, without the consent of the account
33 holder, or the issuing financial institution, is guilty of a
34 Class A misdemeanor.
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1 Any person who, within any 12 month period, violates this
2 Section with respect to 3 or more checks or orders for the
3 payment of money at the same time or consecutively, each the
4 property of a different account holder or financial
5 institution, is guilty of a Class 4 felony.
6 3) Possession of Implements of Check Fraud. Any person
7 who possesses, with the intent to defraud, and without the
8 authority of the account holder or financial institution any
9 check imprinter, signature imprinter, or "certified" stamp is
10 guilty of a Class A misdemeanor.
11 A person who within any 12 month period violates this
12 subsection (C) as to possession of 3 or more such devices at
13 the same time or consecutively, is guilty of a Class 4
14 felony.
15 Possession of Identification Card
16 4) Any person, who with the intent to defraud, possesses
17 any check guarantee card or key card or identification card
18 for cash dispensing machines without the authority of the
19 account holder or financial institution, is guilty of a Class
20 A misdemeanor.
21 A person who, within any 12 month period, violates this
22 Section at the same time or consecutively with respect to 3
23 or more cards, each the property of different account
24 holders, is guilty of a class 4 felony.
25 A person convicted under this Section, when the value of
26 property so obtained, in a single transaction, or in separate
27 transactions within any 90 day period, exceeds $150 shall be
28 guilty of a Class 4 felony.
29 (Source: P.A. 84-897.)
30 Section 25. The Illinois Marriage and Dissolution of
31 Marriage Act is amended by changing Section 505 as follows:
32 (750 ILCS 5/505) (from Ch. 40, par. 505)
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1 (Text of Section before 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;
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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
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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;
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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
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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 person whose conduct
30 constitutes a violation of Section 1 of the Non-Support of
31 Spouse and Children Act may be prosecuted under that Section,
32 and a person convicted under that Section may be sentenced in
33 accordance with that Section. The sentence may include but
34 need not be limited to a requirement that the person perform
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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
4 participate in a work alternative program under subsection
5 (c) of that Section if the person is currently participating
6 in a work program pursuant to Section 505.1 of this Act.
7 (c) A one-time charge of 20% is imposable upon the
8 amount of past-due child support owed on July 1, 1988 which
9 has accrued under a support order entered by the court. The
10 charge shall be imposed in accordance with the provisions of
11 Section 10-21 of the Illinois Public Aid Code and shall be
12 enforced by the court upon petition.
13 (d) Any new or existing support order entered by the
14 court under this Section shall be deemed to be a series of
15 judgments against the person obligated to pay support
16 thereunder, each such judgment to be in the amount of each
17 payment or installment of support and each such judgment to
18 be deemed entered as of the date the corresponding payment or
19 installment becomes due under the terms of the support order.
20 Each such judgment shall have the full force, effect and
21 attributes of any other judgment of this State, including the
22 ability to be enforced. A lien arises by operation of law
23 against the real and personal property of the noncustodial
24 parent for each installment of overdue support owed by the
25 noncustodial parent.
26 (e) When child support is to be paid through the clerk
27 of the court in a county of 1,000,000 inhabitants or less,
28 the order shall direct the obligor to pay to the clerk, in
29 addition to the child support payments, all fees imposed by
30 the county board under paragraph (3) of subsection (u) of
31 Section 27.1 of the Clerks of Courts Act. Unless paid in
32 cash or pursuant to an order for withholding, the payment of
33 the fee shall be by a separate instrument from the support
34 payment and shall be made to the order of the Clerk.
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1 (f) All orders for support, when entered or modified,
2 shall include a provision requiring the obligor to notify the
3 court and, in cases in which a party is receiving child and
4 spouse services under Article X of the Illinois Public Aid
5 Code, the Illinois Department of Public Aid, within 7 days,
6 (i) of the name and address of any new employer of the
7 obligor, (ii) whether the obligor has access to health
8 insurance coverage through the employer or other group
9 coverage and, if so, the policy name and number and the names
10 of persons covered under the policy, and (iii) of any new
11 residential or mailing address or telephone number of the
12 non-custodial parent. In any subsequent action to enforce a
13 support order, upon a sufficient showing that a diligent
14 effort has been made to ascertain the location of the
15 non-custodial parent, service of process or provision of
16 notice necessary in the case may be made at the last known
17 address of the non-custodial parent in any manner expressly
18 provided by the Code of Civil Procedure or this Act, which
19 service shall be sufficient for purposes of due process.
20 (g) An order for support shall include a date on which
21 the current support obligation terminates. The termination
22 date shall be no earlier than the date on which the child
23 covered by the order will attain the age of majority or is
24 otherwise emancipated. The order for support shall state that
25 the termination date does not apply to any arrearage that may
26 remain unpaid on that date. Nothing in this subsection shall
27 be construed to prevent the court from modifying the order.
28 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
29 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
30 revised 10-7-97.)
31 (Text of Section after amendment by P.A. 90-539)
32 Sec. 505. Child support; contempt; penalties.
33 (a) In a proceeding for dissolution of marriage, legal
34 separation, declaration of invalidity of marriage, a
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1 proceeding for child support following dissolution of the
2 marriage by a court which lacked personal jurisdiction over
3 the absent spouse, a proceeding for modification of a
4 previous order for child support under Section 510 of this
5 Act, or any proceeding authorized under Section 501 or 601 of
6 this Act, the court may order either or both parents owing a
7 duty of support to a child of the marriage to pay an amount
8 reasonable and necessary for his support, without regard to
9 marital misconduct. The duty of support owed to a minor
10 child includes the obligation to provide for the reasonable
11 and necessary physical, mental and emotional health needs of
12 the child.
13 (1) The Court shall determine the minimum amount of
14 support by using the following guidelines:
15 Number of Children Percent of Supporting Party's
16 Net Income
17 1 20%
18 2 25%
19 3 32%
20 4 40%
21 5 45%
22 6 or more 50%
23 (2) The above guidelines shall be applied in each
24 case unless the court makes a finding that application of
25 the guidelines would be inappropriate, after considering
26 the best interests of the child in light of evidence
27 including but not limited to one or more of the following
28 relevant factors:
29 (a) the financial resources and needs of the
30 child;
31 (b) the financial resources and needs of the
32 custodial parent;
33 (c) the standard of living the child would
34 have enjoyed had the marriage not been dissolved;
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1 (d) the physical and emotional condition of
2 the child, and his educational needs; and
3 (e) the financial resources and needs of the
4 non-custodial parent.
5 If the court deviates from the guidelines, the
6 court's finding shall state the amount of support that
7 would have been required under the guidelines, if
8 determinable. The court shall include the reason or
9 reasons for the variance from the guidelines.
10 (3) "Net income" is defined as the total of all
11 income from all sources, minus the following deductions:
12 (a) Federal income tax (properly calculated
13 withholding or estimated payments);
14 (b) State income tax (properly calculated
15 withholding or estimated payments);
16 (c) Social Security (FICA payments);
17 (d) Mandatory retirement contributions
18 required by law or as a condition of employment;
19 (e) Union dues;
20 (f) Dependent and individual
21 health/hospitalization insurance premiums;
22 (g) Prior obligations of support or
23 maintenance actually paid pursuant to a court order;
24 (h) Expenditures for repayment of debts that
25 represent reasonable and necessary expenses for the
26 production of income, medical expenditures necessary
27 to preserve life or health, reasonable expenditures
28 for the benefit of the child and the other parent,
29 exclusive of gifts. The court shall reduce net
30 income in determining the minimum amount of support
31 to be ordered only for the period that such payments
32 are due and shall enter an order containing
33 provisions for its self-executing modification upon
34 termination of such payment period.
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1 (4) In cases where the court order provides for
2 health/hospitalization insurance coverage pursuant to
3 Section 505.2 of this Act, the premiums for that
4 insurance, or that portion of the premiums for which the
5 supporting party is responsible in the case of insurance
6 provided through an employer's health insurance plan
7 where the employer pays a portion of the premiums, shall
8 be subtracted from net income in determining the minimum
9 amount of support to be ordered.
10 (4.5) In a proceeding for child support following
11 dissolution of the marriage by a court that lacked
12 personal jurisdiction over the absent spouse, and in
13 which the court is requiring payment of support for the
14 period before the date an order for current support is
15 entered, there is a rebuttable presumption that the
16 supporting party's net income for the prior period was
17 the same as his or her net income at the time the order
18 for current support is entered.
19 (5) If the net income cannot be determined because
20 of default or any other reason, the court shall order
21 support in an amount considered reasonable in the
22 particular case. The final order in all cases shall
23 state the support level in dollar amounts.
24 (b) Failure of either parent to comply with an order to
25 pay support shall be punishable as in other cases of
26 contempt. In addition to other penalties provided by law the
27 Court may, after finding the parent guilty of contempt, order
28 that the parent be:
29 (1) placed on probation with such conditions of
30 probation as the Court deems advisable;
31 (2) sentenced to periodic imprisonment for a period
32 not to exceed 6 months; provided, however, that the Court
33 may permit the parent to be released for periods of time
34 during the day or night to:
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1 (A) work; or
2 (B) conduct a business or other self-employed
3 occupation.
4 The Court may further order any part or all of the
5 earnings of a parent during a sentence of periodic
6 imprisonment paid to the Clerk of the Circuit Court or to the
7 parent having custody or to the guardian having custody of
8 the minor children of the sentenced parent for the support of
9 said minor children until further order of the Court.
10 If there is a unity of interest and ownership sufficient
11 to render no financial separation between a non-custodial
12 parent and another person or persons or business entity, the
13 court may pierce the ownership veil of the person, persons,
14 or business entity to discover assets of the non-custodial
15 parent held in the name of that person, those persons, or
16 that business entity. The following circumstances are
17 sufficient to authorize a court to order discovery of the
18 assets of a person, persons, or business entity and to compel
19 the application of any discovered assets toward payment on
20 the judgment for support:
21 (1) the non-custodial parent and the person,
22 persons, or business entity maintain records together.
23 (2) the non-custodial parent and the person,
24 persons, or business entity fail to maintain an arms
25 length relationship between themselves with regard to any
26 assets.
27 (3) the non-custodial parent transfers assets to
28 the person, persons, or business entity with the intent
29 to perpetrate a fraud on the custodial parent.
30 With respect to assets which are real property, no order
31 entered under this paragraph shall affect the rights of bona
32 fide purchasers, mortgagees, judgment creditors, or other
33 lien holders who acquire their interests in the property
34 prior to the time a notice of lis pendens pursuant to the
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1 Code of Civil Procedure or a copy of the order is placed of
2 record in the office of the recorder of deeds for the county
3 in which the 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
7 obligation or more, that the parent's Illinois driving
8 privileges be suspended until the court determines that the
9 parent is in compliance with the order of support. The court
10 may also order that the parent be issued a family financial
11 responsibility driving permit that would allow limited
12 driving privileges for employment and medical purposes in
13 accordance with Section 7-702.1 of the Illinois Vehicle Code.
14 The clerk of the circuit court shall certify the order
15 suspending the driving privileges of the parent or granting
16 the issuance of a family financial responsibility driving
17 permit to the Secretary of State on forms prescribed by the
18 Secretary. Upon receipt of the authenticated documents, the
19 Secretary of State shall suspend the parent's driving
20 privileges until further order of the court and shall, if
21 ordered by the court, subject to the provisions of Section
22 7-702.1 of the Illinois Vehicle Code, issue a family
23 financial responsibility driving permit to the 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 1 of the Non-Support of
27 Spouse and Children Act may be prosecuted under that Section,
28 and a person convicted under that Section may be sentenced in
29 accordance with that Section. The sentence may include but
30 need not be limited to a requirement that the person perform
31 community service under subsection (b) of that Section or
32 participate in a work alternative program under subsection
33 (c) of that Section. A person may not be required to
34 participate in a work alternative program under subsection
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1 (c) of that Section if the person is currently participating
2 in a work program pursuant to Section 505.1 of this Act.
3 (c) A one-time charge of 20% is imposable upon the
4 amount of past-due child support owed on July 1, 1988 which
5 has accrued under a support order entered by the court. The
6 charge shall be imposed in accordance with the provisions of
7 Section 10-21 of the Illinois Public Aid Code and shall be
8 enforced by the court upon petition.
9 (d) Any new or existing support order entered by the
10 court under this Section shall be deemed to be a series of
11 judgments against the person obligated to pay support
12 thereunder, each such judgment to be in the amount of each
13 payment or installment of support and each such judgment to
14 be deemed entered as of the date the corresponding payment or
15 installment becomes due under the terms of the support order.
16 Each such judgment shall have the full force, effect and
17 attributes of any other judgment of this State, including the
18 ability to be enforced. A lien arises by operation of law
19 against the real and personal property of the noncustodial
20 parent for each installment of overdue support owed by the
21 noncustodial parent.
22 (e) When child support is to be paid through the clerk
23 of the court in a county of 1,000,000 inhabitants or less,
24 the order shall direct the obligor to pay to the clerk, in
25 addition to the child support payments, all fees imposed by
26 the county board under paragraph (3) of subsection (u) of
27 Section 27.1 of the Clerks of Courts Act. Unless paid in
28 cash or pursuant to an order for withholding, the payment of
29 the fee shall be by a separate instrument from the support
30 payment and shall be made to the order of the Clerk.
31 (f) All orders for support, when entered or modified,
32 shall include a provision requiring the obligor to notify the
33 court and, in cases in which a party is receiving child and
34 spouse services under Article X of the Illinois Public Aid
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1 Code, the Illinois Department of Public Aid, within 7 days,
2 (i) of the name and address of any new employer of the
3 obligor, (ii) whether the obligor has access to health
4 insurance coverage through the employer or other group
5 coverage and, if so, the policy name and number and the names
6 of persons covered under the policy, and (iii) of any new
7 residential or mailing address or telephone number of the
8 non-custodial parent. In any subsequent action to enforce a
9 support order, upon a sufficient showing that a diligent
10 effort has been made to ascertain the location of the
11 non-custodial parent, service of process or provision of
12 notice necessary in the case may be made at the last known
13 address of the non-custodial parent in any manner expressly
14 provided by the Code of Civil Procedure or this Act, which
15 service shall be sufficient for purposes of due process.
16 (g) An order for support shall include a date on which
17 the current support obligation terminates. The termination
18 date shall be no earlier than the date on which the child
19 covered by the order will attain the age of majority or is
20 otherwise emancipated. The order for support shall state that
21 the termination date does not apply to any arrearage that may
22 remain unpaid on that date. Nothing in this subsection shall
23 be construed to prevent the court from modifying the order.
24 (h) An order entered under this Section shall include a
25 provision requiring the obligor to report to the obligee and
26 to the clerk of court within 10 days each time the obligor
27 obtains new employment, and each time the obligor's
28 employment is terminated for any reason. The report shall be
29 in writing and shall, in the case of new employment, include
30 the name and address of the new employer. Failure to report
31 new employment or the termination of current employment, if
32 coupled with nonpayment of support for a period in excess of
33 60 days, is indirect criminal contempt. For any obligor
34 arrested for failure to report new employment bond shall be
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1 set in the amount of the child support that should have been
2 paid during the period of unreported employment. An order
3 entered under this Section shall also include a provision
4 requiring the obligor and obligee parents to advise each
5 other of a change in residence within 5 days of the change
6 except when the court finds that the physical, mental, or
7 emotional health of a party or that of a minor child, or
8 both, would be seriously endangered by disclosure of the
9 party's address.
10 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
11 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
12 90-539, eff. 6-1-98; revised 12-15-97.)
13 Section 30. The Non-Support of Spouse and Children Act
14 is amended by changing Section 1 as follows:
15 (750 ILCS 15/1) (from Ch. 40, par. 1101)
16 Sec. 1. Neglect or refusal to support; penalties.
17 (a) Every person who shall, without any lawful excuse,
18 neglect or refuse to provide for the support or maintenance
19 of his or her spouse, said spouse being in need of such
20 support or maintenance, or any person who shall, without
21 lawful excuse, desert or neglect or refuse to provide for the
22 support or maintenance of his or her child or children under
23 the age of 18 years, in need of such support or maintenance,
24 shall be deemed guilty of a Class A misdemeanor and shall be
25 liable under the provisions of the Illinois "Public Aid Code
26 of Illinois", approved April 11, 1967, to the Supervisor of
27 General Assistance, the Department of Human Services, or to
28 the Illinois Department of Public Aid, as the case may be, in
29 a civil action, for the amount of general assistance or
30 assistance provided to his or her spouse or children, or both
31 his spouse and children.
32 (b) In addition to any other penalties imposed for a
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1 violation of this Section, the court may order the offender
2 to perform community service for not less than 30 and not
3 more than 120 hours, if community service is available in the
4 jurisdiction and is funded and approved by the county board
5 of the county where the offense was committed. In addition,
6 whenever any person is placed on supervision for an alleged
7 violation of this Section, the supervision shall be
8 conditioned upon the performance of the community service.
9 (c) In addition to any other penalties imposed for a
10 violation of this Section, the court may sentence the
11 offender to service in a work alternative program
12 administered by the sheriff. The conditions of the program
13 are that the offender obtain or retain employment and
14 participate in a work alternative program administered by the
15 sheriff during nonworking hours. A portion of the
16 defendant's salary, as determined using the guidelines and
17 standards set forth in subsection (a) of Section 505 and in
18 Section 505.2 of the Illinois Marriage and Dissolution of
19 Marriage Act shall be deducted to pay for spouse or child
20 support. A person may not be required to participate in a
21 work alternative program under this subsection (c) if the
22 person is currently participating in a work program pursuant
23 to Section 12 of this Act.
24 (Source: P.A. 77-2528; revised 3-2-98.)
25 Section 35. The Uniform Interstate Family Support Act is
26 amended by changing Section 318 as follows:
27 (750 ILCS 22/318)
28 Sec. 318. Assistance with discovery. A tribunal of this
29 State may:
30 (1) request a tribunal of another state to assist in
31 obtaining discovery; and
32 (2) upon request, compel a person over whom it has
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1 jurisdiction to respond to a discovery order issued by a
2 tribunal of another state;.
3 (3) upon request by a tribunal of another state, issue a
4 subpoena or a subpoena duces tecum (in the case of a
5 tribunal authorized to issue subpoenas) or direct the clerk
6 of the circuit court to issue a subpoena or a subpoena duces
7 tecum (in the case of the circuit court) requiring a person
8 in this State to appear at a deposition or before a tribunal
9 and answer questions or produce documents or other tangible
10 things for the purpose of obtaining information regarding
11 the person's assets, income, and ability to pay a support
12 order or judgment entered in the other state; and
13 (4) request a tribunal of another state to issue or
14 cause to be issued a subpoena or a subpoena duces tecum
15 requiring a person in the other state to appear at a
16 deposition or before a tribunal in that state and answer
17 questions or produce documents or other tangible things for
18 the purpose of obtaining information regarding the person's
19 assets, income, and ability to pay a support order or
20 judgment entered in this State.
21 The clerk of the circuit court shall issue a subpoena or
22 a subpoena duces tecum when directed to do so by the circuit
23 court in accordance with this Section.
24 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
25 by P.A. 88-691.)
26 Section 40. The Illinois Parentage Act of 1984 is
27 amended by changing Section 15 as follows:
28 (750 ILCS 45/15) (from Ch. 40, par. 2515)
29 Sec. 15. Enforcement of Judgment or Order.
30 (a) If existence of the parent and child relationship is
31 declared, or paternity or duty of support has been
32 established under this Act or under prior law or under the
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1 law of any other jurisdiction, the judgment rendered
2 thereunder may be enforced in the same or other proceedings
3 by any party or any person or agency that has furnished or
4 may furnish financial assistance or services to the child.
5 Sections 14, 16 and 20 of this Act shall also be applicable
6 with respect to entry, modification and enforcement of any
7 support judgment entered under provisions of the "Paternity
8 Act", approved July 5, 1957, as amended, repealed July 1,
9 1985.
10 (b) Failure to comply with any order of the court shall
11 be punishable as contempt as in other cases of failure to
12 comply under the "Illinois Marriage and Dissolution of
13 Marriage Act", as now or hereafter amended. In addition to
14 other penalties provided by law, the court may, after finding
15 the party guilty of contempt, order that the party be:
16 (1) Placed on probation with such conditions of
17 probation as the court deems advisable;
18 (2) Sentenced to periodic imprisonment for a period
19 not to exceed 6 months. However, the court may permit
20 the party to be released for periods of time during the
21 day or night to work or conduct business or other
22 self-employed occupation. The court may further order
23 any part of all the earnings of a party during a sentence
24 of periodic imprisonment to be paid to the Clerk of the
25 Circuit Court or to the person or parent having custody
26 of the minor child for the support of said child until
27 further order of the court.
28 (2.5) The court may also pierce the ownership veil
29 of a person, persons, or business entity to discover
30 assets of a non-custodial parent held in the name of that
31 person, those persons, or that business entity if there
32 is a unity of interest and ownership sufficient to render
33 no financial separation between the non-custodial parent
34 and that person, those persons, or the business entity.
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1 The following circumstances are sufficient for a court to
2 order discovery of the assets of a person, persons, or
3 business entity and to compel the application of any
4 discovered assets toward payment on the judgment for
5 support:
6 (A) the non-custodial parent and the person,
7 persons, or business entity maintain records
8 together.
9 (B) the non-custodial parent and the person,
10 persons, or business entity fail to maintain an arms
11 length relationship between themselves with regard
12 to any assets.
13 (C) the non-custodial parent transfers assets
14 to the person, persons, or business entity with the
15 intent to perpetrate a fraud on the custodial
16 parent.
17 With respect to assets which are real property, no
18 order entered under this subdivision (2.5) shall affect
19 the rights of bona fide purchasers, mortgagees, judgment
20 creditors, or other lien holders who acquire their
21 interests in the property prior to the time a notice of
22 lis pendens pursuant to the Code of Civil Procedure or a
23 copy of the order is placed of record in the office of
24 the recorder of deeds for the county in which the real
25 property is located.
26 (3) The court may also order that in cases where
27 the party is 90 days or more delinquent in payment of
28 support or has been adjudicated in arrears in an amount
29 equal to 90 days obligation or more, that the party's
30 Illinois driving privileges be suspended until the court
31 determines that the party is in compliance with the
32 judgement or duty of support. The court may also order
33 that the parent be issued a family financial
34 responsibility driving permit that would allow limited
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1 driving privileges for employment and medical purposes in
2 accordance with Section 7-702.1 of the Illinois Vehicle
3 Code. The clerk of the circuit court shall certify the
4 order suspending the driving privileges of the parent or
5 granting the issuance of a family financial
6 responsibility driving permit to the Secretary of State
7 on forms prescribed by the Secretary. Upon receipt of the
8 authenticated documents, the Secretary of State shall
9 suspend the party's driving privileges until further
10 order of the court and shall, if ordered by the court,
11 subject to the provisions of Section 7-702.1 of the
12 Illinois Vehicle Code, issue a family financial
13 responsibility driving permit to the parent.
14 In addition to the penalties or punishment that may be
15 imposed under this Section, any person whose conduct
16 constitutes a violation of Section 1 of the Non-Support of
17 Spouse and Children Act may be prosecuted under that Section,
18 and a person convicted under that Section may be sentenced in
19 accordance with that Section. The sentence may include but
20 need not be limited to a requirement that the person perform
21 community service under subsection (b) of that Section or
22 participate in a work alternative program under subsection
23 (c) of that Section. A person may not be required to
24 participate in a work alternative program under subsection
25 (c) of that Section if the person is currently participating
26 in a work program pursuant to Section 15.1 of this Act.
27 (c) In any post-judgment proceeding to enforce or modify
28 the judgment the parties shall continue to be designated as
29 in the original proceeding.
30 (Source: P.A. 89-92, eff. 7-1-96; 90-476, eff. 1-1-98.)
31 Section 45. The Illinois Domestic Violence Act of 1986
32 is amended by changing Section 223 as follows:
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1 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
2 Sec. 223. Enforcement of orders of protection.
3 (a) When violation is crime. A violation of any order of
4 protection, whether issued in a civil or criminal proceeding,
5 may be enforced by a criminal court when:
6 (1) The respondent commits the crime of violation
7 of order of protection pursuant to Section 12-30 of the
8 Criminal Code of 1961, by having knowingly violated
9 remedies described in paragraphs (1), (2), (3), or (14)
10 of subsection (b) of Section 214 of this Act or any other
11 remedy when the act constitutes a crime against the
12 protected parties as defined by the Criminal Code of
13 1961. Prosecution for a violation of an order of
14 protection shall not bar concurrent prosecution for any
15 other crime, including any crime that may have been
16 committed at the time of the violation of the order of
17 protection; or
18 (2) The respondent commits the crime of child
19 abduction pursuant to Section 10-5 of the Criminal Code
20 of 1961, by having knowingly violated remedies described
21 in paragraphs (5), (6) or (8) of subsection (b) of
22 Section 214 of this Act.
23 (b) When violation is contempt of court. A violation of
24 any valid Illinois order of protection, whether issued in a
25 civil or criminal proceeding, may be enforced through civil
26 or criminal contempt procedures, as appropriate, by any court
27 with jurisdiction, regardless where the act or acts which
28 violated the order of protection were committed, to the
29 extent consistent with the venue provisions of this Act.
30 Nothing in this Act shall preclude any Illinois court from
31 enforcing any valid order of protection issued in another
32 state. Illinois courts may enforce orders of protection
33 through both criminal prosecution and contempt proceedings,
34 unless the action which is second in time is barred by
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1 collateral estoppel or the constitutional prohibition against
2 double jeopardy.
3 (1) In a contempt proceeding where the petition for
4 a rule to show cause sets forth facts evidencing an
5 immediate danger that the respondent will flee the
6 jurisdiction, conceal a child, or inflict physical abuse
7 on the petitioner or minor children or on dependent
8 adults in petitioner's care, the court may order the
9 attachment of the respondent without prior service of the
10 rule to show cause or the petition for a rule to show
11 cause. Bond shall be set unless specifically denied in
12 writing.
13 (2) A petition for a rule to show cause for
14 violation of an order of protection shall be treated as
15 an expedited proceeding.
16 (c) Violation of custody or support orders. A violation
17 of remedies described in paragraphs (5), (6), (8), or (9) of
18 subsection (b) of Section 214 of this Act may be enforced by
19 any remedy provided by Section 611 of the Illinois Marriage
20 and Dissolution of Marriage Act. The court may enforce any
21 order for support issued under paragraph (12) of subsection
22 (b) of Section 214 in the manner provided for under Articles
23 V and VII of the Illinois Marriage and Dissolution of
24 Marriage Act.
25 (d) Actual knowledge. An order of protection may be
26 enforced pursuant to this Section if the respondent violates
27 the order after the respondent has actual knowledge of its
28 contents as shown through one of the following means:
29 (1) By service, delivery, or notice under Section
30 210.
31 (2) By notice under Section 210.1 or 211.
32 (3) By service of an order of protection under
33 Section 222.
34 (4) By other means demonstrating actual knowledge
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1 of the contents of the order.
2 (e) The enforcement of an order of protection in civil
3 or criminal court shall not be affected by either of the
4 following:
5 (1) The existence of a separate, correlative order,
6 entered under Section 215.
7 (2) Any finding or order entered in a conjoined
8 criminal proceeding.
9 (f) Circumstances. The court, when determining whether
10 or not a violation of an order of protection has occurred,
11 shall not require physical manifestations of abuse on the
12 person of the victim.
13 (g) Penalties.
14 (1) Except as provided in paragraph (3) of this
15 subsection, where the court finds the commission of a
16 crime or contempt of court under subsections (a) or (b)
17 of this Section, the penalty shall be the penalty that
18 generally applies in such criminal or contempt
19 proceedings, and may include one or more of the
20 following: incarceration, payment of restitution, a fine,
21 payment of attorneys' fees and costs, or community
22 service.
23 (2) The court shall hear and take into account
24 evidence of any factors in aggravation or mitigation
25 before deciding an appropriate penalty under paragraph
26 (1) of this subsection.
27 (3) To the extent permitted by law, the court is
28 encouraged to:
29 (i) increase the penalty for the knowing
30 violation of any order of protection over any
31 penalty previously imposed by any court for
32 respondent's violation of any order of protection or
33 penal statute involving petitioner as victim and
34 respondent as defendant;
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1 (ii) impose a minimum penalty of 24 hours
2 imprisonment for respondent's first violation of any
3 order of protection; and
4 (iii) impose a minimum penalty of 48 hours
5 imprisonment for respondent's second or subsequent
6 violation of an order of protection
7 unless the court explicitly finds that an increased
8 penalty or that period of imprisonment would be
9 manifestly unjust.
10 (3.5) In addition to any other sentence that may be
11 imposed, a court may order any person convicted of
12 violation of an order of protection to perform community
13 service for not less than 30 and not more than 120 hours,
14 if community service is available in the jurisdiction and
15 is funded and approved by the county board of the county
16 where the offense was committed. In addition, whenever
17 any person is placed on supervision for an alleged
18 offense under this Section, the supervision shall be
19 conditional upon the performance of the community
20 service. The court shall authorize the county to charge
21 a person convicted of violation of an order of protection
22 for the costs of the community service based upon the
23 person's ability to pay for those costs.
24 (4) In addition to any other penalties imposed for
25 a violation of an order of protection, a criminal court
26 may consider evidence of any violations of an order of
27 protection:
28 (i) to increase, revoke or modify the bail
29 bond on an underlying criminal charge pursuant to
30 Section 110-6 of the Code of Criminal Procedure of
31 1963;
32 (ii) to revoke or modify an order of
33 probation, conditional discharge or supervision,
34 pursuant to Section 5-6-4 of the Unified Code of
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1 Corrections;
2 (iii) to revoke or modify a sentence of
3 periodic imprisonment, pursuant to Section 5-7-2 of
4 the Unified Code of Corrections.
5 (5) In addition to any other penalties, the court
6 shall impose an additional fine of $20 as authorized by
7 Section 5-9-1.11 of the Unified Code of Corrections upon
8 any person convicted of or placed on supervision for a
9 violation of an order of protection. The additional fine
10 shall be imposed for each violation of this Section.
11 (Source: P.A. 90-241, eff. 1-1-98.)
12 Section 95. No acceleration or delay. Where this Act
13 makes changes in a statute that is represented in this Act by
14 text that is not yet or no longer in effect (for example, a
15 Section represented by multiple versions), the use of that
16 text does not accelerate or delay the taking effect of (i)
17 the changes made by this Act or (ii) provisions derived from
18 any other Public Act.
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.".