Bill Text: IL HB2494 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Public Aid Code. Provides that a responsible relative shall be provided notice on 3 separate occasions before the suspension of the driver's license of the responsible relative. Provides that the first 2 notices shall be issued by the Illinois Department, and the third notice shall be issued by the Secretary of State. Provides that if the responsible relative fails to avail himself or herself of the opportunities to prevent the suspension of his or her driver's license, the driver's license shall be suspended until the responsible relative meets the criteria for the restoration of his or her driving privileges.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB2494 Detail]

Download: Illinois-2019-HB2494-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2494 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
305 ILCS 5/10-17.6 from Ch. 23, par. 10-17.6
625 ILCS 5/6-118
625 ILCS 5/6-201
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
705 ILCS 105/27.1b
750 ILCS 5/505 from Ch. 40, par. 505
750 ILCS 5/607.5
750 ILCS 16/50
750 ILCS 46/805
625 ILCS 5/Ch. 7 Art. VII rep.
Amends the Illinois Vehicle Code. Repeals an Article governing the suspension of a person's driver's license for nonpayment of child support or failure to comply with a visitation order. Makes corresponding changes in the Non-Support Punishment Act, Illinois Parentage Act of 2015, Illinois Public Aid Code, Supreme Court Act, Illinois Marriage and Dissolution of Marriage Act, and Clerks of Courts Act.
LRB101 08785 TAE 53872 b
A BILL FOR
HB2494 LRB101 08785 TAE 53872 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 10-17.6 as follows:
(305 ILCS 5/10-17.6) (from Ch. 23, par. 10-17.6)
Sec. 10-17.6. Certification of Information to Licensing
Agencies.
(a) The Illinois Department may provide by rule for
certification to any State licensing agency to suspend, revoke,
or deny issuance or renewal of licenses because of (i) the
failure of responsible relatives to comply with subpoenas or
warrants relating to paternity or child support proceedings and
(ii) past due support owed by responsible relatives under a
support order entered by a court or administrative body of this
or any other State on behalf of resident or non-resident
persons receiving child support enforcement services under
Title IV, Part D of the Social Security Act. The rule shall
provide for notice to and an opportunity to be heard by each
responsible relative affected and any final administrative
decision rendered by the Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(b) The Illinois Department may provide by rule for

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directing the Secretary of State to issue family financial
responsibility driving permits upon petition of responsible
relatives whose driver's licenses have been suspended in
accordance with subsection (b) of Section 7-702.1 of the
Illinois Vehicle Code. Any final administrative decisions
rendered by the Department upon such petitions shall be
reviewable only under and in accordance with the Administrative
Review Law.
(Source: P.A. 95-685, eff. 10-23-07; 96-1284, eff. 1-1-11.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 6-118, 6-201, and 6-303 as follows:
(625 ILCS 5/6-118)
Sec. 6-118. Fees.
(a) The fees fee for licenses and permits under this
Article are is as follows:
Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5
All driver's licenses for persons
age 81 through age 86.............................. 2
All driver's licenses for persons
age 87 or older.....................................0

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Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person
age 69 and older................................... 5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5

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Duplicate or corrected monitoring
device driving permit.................................. 5
Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,
the member's spouse, or
the dependent children living
with the member................................... 0
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle
Title Information Service Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60

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Commercial learner's permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial learner's permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to prorate pro-rate the $24 fee
for the commercial driver's license proportionate to the
expiration date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was
stolen.
The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit

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has been lost or stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
The fee for a restricted driving permit under this
subsection (a) shall be imposed annually until the expiration
of the permit.
(a-5) The fee for a driver's record or data contained
therein is $12.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205 or , 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707..................... $100
Suspension under Section 11-1431....................$100
Summary suspension under Section 11-501.1...........$250
Suspension under Section 11-501.9...................$250
Summary revocation under Section 11-501.1............$500
Other suspension......................................$70
Revocation...........................................$500
Any However, any person whose license or privilege to
operate a motor vehicle in this State has been suspended or
revoked for a second or subsequent time for a violation of

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Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
provision of a local ordinance or a similar out-of-state
offense or Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 and each suspension or revocation was for
a violation of Section 11-501, 11-501.1, or 11-501.9 of this
Code or a similar provision of a local ordinance or a similar
out-of-state offense or Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 shall pay, in addition to any
other fees required by this Code, a reinstatement fee as
follows:
Summary suspension under Section 11-501.1............$500
Suspension under Section 11-501.9...................$500
Summary revocation under Section 11-501.1............$500
Revocation...........................................$500
(c) All fees collected under the provisions of this Chapter
6 shall be disbursed under subsection (g) of Section 2-119 of
this Code, except as follows:
1. The following amounts shall be paid into the Drivers
Education Fund:
(A) $16 of the $20 fee for an original driver's
instruction permit;
(B) $5 of the $30 fee for an original driver's
license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving

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permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.
2. $30 of the $250 fee for reinstatement of a license
summarily suspended under Section 11-501.1 or suspended
under Section 11-501.9 shall be deposited into the Drunk
and Drugged Driving Prevention Fund. However, for a person
whose license or privilege to operate a motor vehicle in
this State has been suspended or revoked for a second or
subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, $190 of
the $500 fee for reinstatement of a license summarily
suspended under Section 11-501.1 or suspended under
Section 11-501.9, and $190 of the $500 fee for
reinstatement of a revoked license shall be deposited into
the Drunk and Drugged Driving Prevention Fund. $190 of the
$500 fee for reinstatement of a license summarily revoked
pursuant to Section 11-501.1 shall be deposited into the
Drunk and Drugged Driving Prevention Fund.
3. $6 of the original or renewal fee for a commercial
driver's license and $6 of the commercial learner's permit
fee when the permit is issued to any person holding a valid
Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet/NMVTIS Trust Fund.
4. $30 of the $70 fee for reinstatement of a license

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suspended under the Family Financial Responsibility Law
shall be paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider Safety
Training Fund.
6. $20 of any original or renewal fee for a commercial
driver's license or commercial learner's permit shall be
paid into the Motor Carrier Safety Inspection Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1 or a
suspension under Section 11-501.9;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;
and
(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
8. Fees collected under paragraph (4) of subsection (d)
and subsection (h) of Section 6-205 of this Code;
subparagraph (C) of paragraph 3 of subsection (c) of
Section 6-206 of this Code; and paragraph (4) of subsection
(a) of Section 6-206.1 of this Code, shall be paid into the
funds set forth in those Sections.
(d) All of the proceeds of the additional fees imposed by

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this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 99-127, eff. 1-1-16; 99-438, eff. 1-1-16; 99-642,
eff. 7-28-16; 99-933, eff. 1-27-17; 100-590, eff. 6-8-18;
100-803, eff. 1-1-19; revised 10-24-18.)
(625 ILCS 5/6-201)
Sec. 6-201. Authority to cancel licenses and permits.
(a) The Secretary of State is authorized to cancel any
license or permit upon determining that the holder thereof:
1. was not entitled to the issuance thereof hereunder;
or
2. failed to give the required or correct information
in his application; or
3. failed to pay any fees, civil penalties owed to the
Illinois Commerce Commission, or taxes due under this Act

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and upon reasonable notice and demand; or
4. committed any fraud in the making of such
application; or
5. is ineligible therefor under the provisions of
Section 6-103 of this Act, as amended; or
6. has refused or neglected to submit an alcohol, drug,
and intoxicating compound evaluation or to submit to
examination or re-examination as required under this Act;
or
7. has been convicted of violating the Cannabis Control
Act, the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or
the Use of Intoxicating Compounds Act while that individual
was in actual physical control of a motor vehicle. For
purposes of this Section, any person placed on probation
under Section 10 of the Cannabis Control Act, Section 410
of the Illinois Controlled Substances Act, or Section 70 of
the Methamphetamine Control and Community Protection Act
shall not be considered convicted. Any person found guilty
of this offense, while in actual physical control of a
motor vehicle, shall have an entry made in the court record
by the judge that this offense did occur while the person
was in actual physical control of a motor vehicle and order
the clerk of the court to report the violation to the
Secretary of State as such. After the cancellation, the
Secretary of State shall not issue a new license or permit

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for a period of one year after the date of cancellation.
However, upon application, the Secretary of State may, if
satisfied that the person applying will not endanger the
public safety, or welfare, issue a restricted driving
permit granting the privilege of driving a motor vehicle
between the petitioner's residence and petitioner's place
of employment or within the scope of the petitioner's
employment related duties, or to allow transportation for
the petitioner or a household member of the petitioner's
family for the receipt of necessary medical care, or
provide transportation for the petitioner to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or for the
petitioner to attend classes, as a student, in an
accredited educational institution. The petitioner must
demonstrate that no alternative means of transportation is
reasonably available; provided that the Secretary's
discretion shall be limited to cases where undue hardship,
as defined by the rules of the Secretary of State, would
result from a failure to issue such restricted driving
permit. In each case the Secretary of State may issue such
restricted driving permit for such period as he deems
appropriate, except that such permit shall expire no later
than 2 years from the date of issuance. A restricted
driving permit issued hereunder shall be subject to
cancellation, revocation and suspension by the Secretary

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of State in like manner and for like cause as a driver's
license issued hereunder may be cancelled, revoked or
suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension or cancellation of a restricted
driving permit. The Secretary of State may, as a condition
to the issuance of a restricted driving permit, require the
applicant to participate in a driver remedial or
rehabilitative program. In accordance with 49 C.F.R. 384,
the Secretary of State may not issue a restricted driving
permit for the operation of a commercial motor vehicle to a
person holding a CDL whose driving privileges have been
revoked, suspended, cancelled, or disqualified under this
Code; or
8. failed to submit a report as required by Section
6-116.5 of this Code; or
9. has been convicted of a sex offense as defined in
the Sex Offender Registration Act. The driver's license
shall remain cancelled until the driver registers as a sex
offender as required by the Sex Offender Registration Act,
proof of the registration is furnished to the Secretary of
State and the sex offender provides proof of current
address to the Secretary; or
10. is ineligible for a license or permit under Section
6-107, 6-107.1, or 6-108 of this Code; or

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11. refused or neglected to appear at a Driver Services
facility to have the license or permit corrected and a new
license or permit issued or to present documentation for
verification of identity; or
12. failed to submit a medical examiner's certificate
or medical variance as required by 49 C.F.R. 383.71 or
submitted a fraudulent medical examiner's certificate or
medical variance; or
13. has had his or her medical examiner's certificate,
medical variance, or both removed or rescinded by the
Federal Motor Carrier Safety Administration; or
14. failed to self-certify as to the type of driving in
which the CDL driver engages or expects to engage; or
15. has submitted acceptable documentation indicating
out-of-state residency to the Secretary of State to be
released from the requirement of showing proof of financial
responsibility in this State; or
16. was convicted of fraud relating to the testing or
issuance of a CDL or CLP, in which case only the CDL or CLP
shall be cancelled. After cancellation, the Secretary
shall not issue a CLP or CDL for a period of one year from
the date of cancellation; or
17. has a special restricted license under subsection
(g) of Section 6-113 of this Code and failed to submit the
required annual vision specialist report that the special
restricted license holder's vision has not changed; or

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18. has a special restricted license under subsection
(g) of Section 6-113 of this Code and was convicted or
received court supervision for a violation of this Code
that occurred during nighttime hours or was involved in a
motor vehicle accident during nighttime hours in which the
restricted license holder was at fault; or
19. has assisted an out-of-state resident in acquiring
an Illinois driver's license or identification card by
providing or allowing the out-of-state resident to use his
or her Illinois address of residence and is complicit in
distributing and forwarding the Illinois driver's license
or identification card to the out-of-state resident.
(b) Upon such cancellation the licensee or permittee must
surrender the license or permit so cancelled to the Secretary
of State.
(c) Except as provided in Section Sections 6-206.1, and
7-702.1, the Secretary of State shall have exclusive authority
to grant, issue, deny, cancel, suspend and revoke driving
privileges, drivers' licenses and restricted driving permits.
(d) The Secretary of State may adopt rules to implement
this Section.
(Source: P.A. 100-409, eff. 8-25-17; 100-803, eff. 1-1-19.)
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
Sec. 6-303. Driving while driver's license, permit, or
privilege to operate a motor vehicle is suspended or revoked.

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(a) Except as otherwise provided in subsection (a-5) or
(a-7), any person who drives or is in actual physical control
of a motor vehicle on any highway of this State at a time when
such person's driver's license, permit, or privilege to do so
or the privilege to obtain a driver's license or permit is
revoked or suspended as provided by this Code or the law of
another state, except as may be specifically allowed by a
judicial driving permit issued prior to January 1, 2009,
monitoring device driving permit, family financial
responsibility driving permit, probationary license to drive,
or a restricted driving permit issued pursuant to this Code or
under the law of another state, shall be guilty of a Class A
misdemeanor.
(a-3) A second or subsequent violation of subsection (a) of
this Section is a Class 4 felony if committed by a person whose
driving or operation of a motor vehicle is the proximate cause
of a motor vehicle accident that causes personal injury or
death to another. For purposes of this subsection, a personal
injury includes any Type A injury as indicated on the traffic
accident report completed by a law enforcement officer that
requires immediate professional attention in either a doctor's
office or a medical facility. A Type A injury includes severe
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(a-5) Any person who violates this Section as provided in
subsection (a) while his or her driver's license, permit, or

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privilege is revoked because of a violation of Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of this Code, relating to the offense of aggravated
driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof
when the violation was a proximate cause of a death, or a
similar provision of a law of another state, is guilty of a
Class 4 felony. The person shall be required to undergo a
professional evaluation, as provided in Section 11-501 of this
Code, to determine if an alcohol, drug, or intoxicating
compound problem exists and the extent of the problem, and to
undergo the imposition of treatment as appropriate.
(a-7) Any person who violates this Section as provided in
subsection (a) while his or her driver's license or privilege
to drive is suspended under Section 6-306.5 or 7-702 of this
Code shall receive a Uniform Traffic Citation from the law
enforcement officer. A person who receives 3 or more Uniform
Traffic Citations under this subsection (a-7) without paying
any fees associated with the citations shall be guilty of a
Class A misdemeanor.
(a-10) A person's driver's license, permit, or privilege to
obtain a driver's license or permit may be subject to multiple
revocations, multiple suspensions, or any combination of both
simultaneously. No revocation or suspension shall serve to

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negate, invalidate, cancel, postpone, or in any way lessen the
effect of any other revocation or suspension entered prior or
subsequent to any other revocation or suspension.
(b) (Blank).
(b-1) Except for a person under subsection (a-7) of this
Section, upon receiving a report of the conviction of any
violation indicating a person was operating a motor vehicle
during the time when the person's driver's license, permit, or
privilege was suspended by the Secretary of State or the
driver's licensing administrator of another state, except as
specifically allowed by a probationary license, judicial
driving permit, restricted driving permit, or monitoring
device driving permit, the Secretary shall extend the
suspension for the same period of time as the originally
imposed suspension unless the suspension has already expired,
in which case the Secretary shall be authorized to suspend the
person's driving privileges for the same period of time as the
originally imposed suspension.
(b-2) Except as provided in subsection (b-6) or (a-7), upon
receiving a report of the conviction of any violation
indicating a person was operating a motor vehicle when the
person's driver's license, permit, or privilege was revoked by
the Secretary of State or the driver's license administrator of
any other state, except as specifically allowed by a restricted
driving permit issued pursuant to this Code or the law of
another state, the Secretary shall not issue a driver's license

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for an additional period of one year from the date of such
conviction indicating such person was operating a vehicle
during such period of revocation.
(b-3) (Blank).
(b-4) When the Secretary of State receives a report of a
conviction of any violation indicating a person was operating a
motor vehicle that was not equipped with an ignition interlock
device during a time when the person was prohibited from
operating a motor vehicle not equipped with such a device, the
Secretary shall not issue a driver's license to that person for
an additional period of one year from the date of the
conviction.
(b-5) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 30 consecutive days or
300 hours of community service when the person's driving
privilege was revoked or suspended as a result of a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide, or
a violation of subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof when the violation was a proximate cause of
a death, or a similar provision of a law of another state. The
court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as

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determined by court services.
(b-6) Upon receiving a report of a first conviction of
operating a motor vehicle while the person's driver's license,
permit, or privilege was revoked where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide, or a violation of subparagraph (F) of paragraph (1)
of subsection (d) of Section 11-501 of this Code, relating to
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof when the violation was a
proximate cause of a death, or a similar out-of-state offense,
the Secretary shall not issue a driver's license for an
additional period of 3 three years from the date of such
conviction.
(c) Except as provided in subsections (c-3) and (c-4), any
person convicted of violating this Section shall serve a
minimum term of imprisonment of 10 consecutive days or 30 days
of community service when the person's driving privilege was
revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, any other
drug or any combination thereof; or
(2) a violation of paragraph (b) of Section 11-401 of

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this Code or a similar provision of a local ordinance
relating to the offense of leaving the scene of a motor
vehicle accident involving personal injury or death; or
(3) a statutory summary suspension or revocation under
Section 11-501.1 of this Code.
Such sentence of imprisonment or community service shall
not be subject to suspension in order to reduce such sentence.
(c-1) Except as provided in subsections (a-7), (c-5), and
(d), any person convicted of a second violation of this Section
shall be ordered by the court to serve a minimum of 100 hours
of community service. The court may give credit toward the
fulfillment of community service hours for participation in
activities and treatment as determined by court services.
(c-2) In addition to other penalties imposed under this
Section, the court may impose on any person convicted a fourth
time of violating this Section any of the following:
(1) Seizure of the license plates of the person's
vehicle.
(2) Immobilization of the person's vehicle for a period
of time to be determined by the court.
(c-3) Any person convicted of a violation of this Section
during a period of summary suspension imposed pursuant to
Section 11-501.1 when the person was eligible for a monitoring
device driving permit MDDP shall be guilty of a Class 4 felony
and shall serve a minimum term of imprisonment of 30 days.
(c-4) Any person who has been issued a monitoring device

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driving permit MDDP or a restricted driving permit which
requires the person to operate only motor vehicles equipped
with an ignition interlock device and who is convicted of a
violation of this Section as a result of operating or being in
actual physical control of a motor vehicle not equipped with an
ignition interlock device at the time of the offense shall be
guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days.
(c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for
probation or conditional discharge, and shall serve a mandatory
term of imprisonment, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a violation of subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of this Code, relating to
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof when the violation
was a proximate cause of a death, or a similar out-of-state
offense; and
(2) the prior conviction under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code

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of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof when the violation was a proximate
cause of a death, or a similar out-of-state offense, or was
suspended or revoked for a violation of Section 11-401 or
11-501 of this Code, a similar out-of-state offense, a
similar provision of a local ordinance, or a statutory
summary suspension or revocation under Section 11-501.1 of
this Code.
(d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a
minimum term of imprisonment of 30 days or 300 hours of
community service, as determined by the court, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior conviction under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this

HB2494 - 24 - LRB101 08785 TAE 53872 b
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a violation of subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code, relating to the offense of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof when the violation was a proximate cause of a
death, or a similar out-of-state offense.
(3) The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d-1) Except as provided in subsections (a-7), (d-2),
(d-2.5), and (d-3), any person convicted of a third or
subsequent violation of this Section shall serve a minimum term
of imprisonment of 30 days or 300 hours of community service,
as determined by the court. The court may give credit toward
the fulfillment of community service hours for participation in
activities and treatment as determined by court services.
(d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum
term of imprisonment of 30 days, if:
(1) the current violation occurred when the person's

HB2494 - 25 - LRB101 08785 TAE 53872 b
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a violation of subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code, relating to the offense of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof when the violation was a proximate cause of a
death, or a similar out-of-state offense.
(d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for
probation or conditional discharge, and must serve a mandatory
term of imprisonment, if:
(1) the current violation occurred while the person's
driver's license was suspended or revoked for a violation

HB2494 - 26 - LRB101 08785 TAE 53872 b
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a violation of subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of this Code, relating to
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof when the violation
was a proximate cause of a death, or a similar out-of-state
offense. The person's driving privileges shall be revoked
for the remainder of the person's life; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof when the violation was a proximate
cause of a death, or a similar out-of-state offense, or was
suspended or revoked for a violation of Section 11-401 or
11-501 of this Code, a similar out-of-state offense, a
similar provision of a local ordinance, or a statutory
summary suspension or revocation under Section 11-501.1 of
this Code.

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(d-3) Any person convicted of a fourth, fifth, sixth,
seventh, eighth, or ninth violation of this Section is guilty
of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a violation of subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code, relating to the offense of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof when the violation was a proximate cause of a
death, or a similar out-of-state offense.
(d-3.5) Any person convicted of a fourth or subsequent

HB2494 - 28 - LRB101 08785 TAE 53872 b
violation of this Section is guilty of a Class 1 felony, is not
eligible for probation or conditional discharge, and must serve
a mandatory term of imprisonment, and is eligible for an
extended term, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,
or a violation of subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of this Code, relating to
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof when the violation
was a proximate cause of a death, or a similar out-of-state
offense; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof when the violation was a proximate
cause of a death, or a similar out-of-state offense, or was

HB2494 - 29 - LRB101 08785 TAE 53872 b
suspended or revoked for a violation of Section 11-401 or
11-501 of this Code, a similar out-of-state offense, a
similar provision of a local ordinance, or a statutory
summary suspension or revocation under Section 11-501.1 of
this Code.
(d-4) Any person convicted of a tenth, eleventh, twelfth,
thirteenth, or fourteenth violation of this Section is guilty
of a Class 3 felony, and is not eligible for probation or
conditional discharge, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a violation of subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code, relating to the offense of aggravated driving under

HB2494 - 30 - LRB101 08785 TAE 53872 b
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof when the violation was a proximate cause of a
death, or a similar out-of-state offense.
(d-5) Any person convicted of a fifteenth or subsequent
violation of this Section is guilty of a Class 2 felony, and is
not eligible for probation or conditional discharge, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of this
Code, a similar out-of-state offense, a similar provision
of a local ordinance, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code, or for a
violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a violation of subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code, relating to the offense of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination

HB2494 - 31 - LRB101 08785 TAE 53872 b
thereof when the violation was a proximate cause of a
death, or a similar out-of-state offense.
(e) Any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements, in addition to other penalties imposed
under this Section, shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed
driver upon a showing of proof of insurance for the vehicle
that was impounded and the notarized written consent for the
release by the vehicle owner.
(f) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(g) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 2012 if the person's
driving privilege was revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code, a
similar provision of a local ordinance, or a similar
provision of a law of another state;
(2) a violation of paragraph (b) of Section 11-401 of
this Code, a similar provision of a local ordinance, or a
similar provision of a law of another state;
(3) a statutory summary suspension or revocation under
Section 11-501.1 of this Code or a similar provision of a

HB2494 - 32 - LRB101 08785 TAE 53872 b
law of another state; or
(4) a violation of Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 relating to the offense
of reckless homicide, or a violation of subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code, relating to the offense of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof when the violation was a proximate cause of a
death, or a similar provision of a law of another state.
(Source: P.A. 99-290, eff. 1-1-16; 100-149, eff. 1-1-18;
100-575, eff. 1-8-18; 100-1004, eff. 1-1-19; revised
10-22-18.)
Section 15. The Clerks of Courts Act is amended by changing
Section 27.1b as follows:
(705 ILCS 105/27.1b)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
other provision of law, all fees charged by the clerks of the
circuit court for the services described in this Section shall
be established, collected, and disbursed in accordance with
this Section. Except as otherwise specified in this Section,

HB2494 - 33 - LRB101 08785 TAE 53872 b
all fees under this Section shall be paid in advance and
disbursed by each clerk on a monthly basis. In a county with a
population of over 3,000,000, units of local government and
school districts shall not be required to pay fees under this
Section in advance and the clerk shall instead send an itemized
bill to the unit of local government or school district, within
30 days of the fee being incurred, and the unit of local
government or school district shall be allowed at least 30 days
from the date of the itemized bill to pay; these payments shall
be disbursed by each clerk on a monthly basis. Unless otherwise
specified in this Section, the amount of a fee shall be
determined by ordinance or resolution of the county board and
remitted to the county treasurer to be used for purposes
related to the operation of the court system in the county. In
a county with population of over 3,000,000, any amount retained
by the clerk of the circuit court or remitted to the county
treasurer shall be subject to appropriation by the county
board.
(a) Civil cases. The fee for filing a complaint, petition,
or other pleading initiating a civil action shall be as set
forth in the applicable schedule under this subsection in
accordance with case categories established by the Supreme
Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $366 in a
county with a population of 3,000,000 or more and not to
exceed $316 in any other county, except as applied to units

HB2494 - 34 - LRB101 08785 TAE 53872 b
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule
shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $290 in a county
with a population of 3,000,000 or more and in an amount

HB2494 - 35 - LRB101 08785 TAE 53872 b
not to exceed $250 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(2) SCHEDULE 2: not to exceed a total of $357 in a
county with a population of 3,000,000 or more and not to
exceed $266 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule
shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory

HB2494 - 36 - LRB101 08785 TAE 53872 b
Arbitration Fund;
(ii) $2 into the Access to Justice Fund: and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $281 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $200 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(3) SCHEDULE 3: not to exceed a total of $265 in a
county with a population of 3,000,000 or more and not to
exceed $89 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule
shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $22 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.

HB2494 - 37 - LRB101 08785 TAE 53872 b
(B) The clerk shall remit $11 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts in accordance with the clerk's
instructions, as follows:
(i) $2 into the Access to Justice Fund; and
(ii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $199 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $56 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(4) SCHEDULE 4: $0.
(b) Appearance. The fee for filing an appearance in a civil
action, including a cannabis civil law action under the
Cannabis Control Act, shall be as set forth in the applicable
schedule under this subsection in accordance with case
categories established by the Supreme Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $230 in a
county with a population of 3,000,000 or more and not to
exceed $191 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$75. The fees collected under this schedule shall be

HB2494 - 38 - LRB101 08785 TAE 53872 b
disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $159 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $125 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.

HB2494 - 39 - LRB101 08785 TAE 53872 b
(2) SCHEDULE 2: not to exceed a total of $130 in a
county with a population of 3,000,000 or more and not to
exceed $109 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$75. The fees collected under this schedule shall be
disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $10 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $9 to the State
Treasurer, which the State Treasurer shall deposit
into the Supreme Court Special Purpose Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $71 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $90 in any other county, as specified by
ordinance or resolution passed by the county board, for
purposes related to the operation of the court system
in the county.
(3) SCHEDULE 3: $0.
(b-5) Kane County and Will County. In Kane County and Will

HB2494 - 40 - LRB101 08785 TAE 53872 b
County civil cases, there is an additional fee of up to $30 as
set by the county board under Section 5-1101.3 of the Counties
Code to be paid by each party at the time of filing the first
pleading, paper, or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper, or other appearance.
Distribution of fees collected under this subsection (b-5)
shall be as provided in Section 5-1101.3 of the Counties Code.
(c) Counterclaim or third party complaint. When any
defendant files a counterclaim or third party complaint, as
part of the defendant's answer or otherwise, the defendant
shall pay a filing fee for each counterclaim or third party
complaint in an amount equal to the filing fee the defendant
would have had to pay had the defendant brought a separate
action for the relief sought in the counterclaim or third party
complaint, less the amount of the appearance fee, if any, that
the defendant has already paid in the action in which the
counterclaim or third party complaint is filed.
(d) Alias summons. The clerk shall collect a fee not to
exceed $6 in a county with a population of 3,000,000 or more
and not to exceed $5 in any other county for each alias summons
or citation issued by the clerk, except as applied to units of
local government and school districts in counties with more
than 3,000,000 inhabitants an amount not to exceed $5 for each
alias summons or citation issued by the clerk.
(e) Jury services. The clerk shall collect, in addition to

HB2494 - 41 - LRB101 08785 TAE 53872 b
other fees allowed by law, a sum not to exceed $212.50, as a
fee for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every other
action wherein the right of trial by jury is or may be given by
law. The jury fee shall be paid by the party demanding a jury
at the time of filing the jury demand. If the fee is not paid by
either party, no jury shall be called in the action or
proceeding, and the action or proceeding shall be tried by the
court without a jury.
(f) Change of venue. In connection with a change of venue:
(1) The clerk of the jurisdiction from which the case
is transferred may charge a fee, not to exceed $40, for the
preparation and certification of the record; and
(2) The clerk of the jurisdiction to which the case is
transferred may charge the same filing fee as if it were
the commencement of a new suit.
(g) Petition to vacate or modify.
(1) In a proceeding involving a petition to vacate or
modify any final judgment or order filed within 30 days
after the judgment or order was entered, except for an
eviction case, small claims case, petition to reopen an
estate, petition to modify, terminate, or enforce a
judgment or order for child or spousal support, or petition
to modify, suspend, or terminate an order for withholding,
the fee shall not exceed $60 in a county with a population

HB2494 - 42 - LRB101 08785 TAE 53872 b
of 3,000,000 or more and shall not exceed $50 in any other
county, except as applied to units of local government and
school districts in counties with more than 3,000,000
inhabitants an amount not to exceed $50.
(2) In a proceeding involving a petition to vacate or
modify any final judgment or order filed more than 30 days
after the judgment or order was entered, except for a
petition to modify, terminate, or enforce a judgment or
order for child or spousal support, or petition to modify,
suspend, or terminate an order for withholding, the fee
shall not exceed $75.
(3) In a proceeding involving a motion to vacate or
amend a final order, motion to vacate an ex parte judgment,
judgment of forfeiture, or "failure to appear" or "failure
to comply" notices sent to the Secretary of State, the fee
shall equal $40.
(h) Appeals preparation. The fee for preparation of a
record on appeal shall be based on the number of pages, as
follows:
(1) if the record contains no more than 100 pages, the
fee shall not exceed $70 in a county with a population of
3,000,000 or more and shall not exceed $50 in any other
county;
(2) if the record contains between 100 and 200 pages,
the fee shall not exceed $100; and
(3) if the record contains 200 or more pages, the clerk

HB2494 - 43 - LRB101 08785 TAE 53872 b
may collect an additional fee not to exceed 25 cents per
page.
(i) Remands. In any cases remanded to the circuit court
from the Supreme Court or the appellate court for a new trial,
the clerk shall reinstate the case with either its original
number or a new number. The clerk shall not charge any new or
additional fee for the reinstatement. Upon reinstatement, the
clerk shall advise the parties of the reinstatement. Parties
shall have the same right to a jury trial on remand and
reinstatement that they had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.
(j) Garnishment, wage deduction, and citation. In
garnishment affidavit, wage deduction affidavit, and citation
petition proceedings:
(1) if the amount in controversy in the proceeding is
not more than $1,000, the fee may not exceed $35 in a
county with a population of 3,000,000 or more and may not
exceed $15 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$15;
(2) if the amount in controversy in the proceeding is
greater than $1,000 and not more than $5,000, the fee may
not exceed $45 in a county with a population of 3,000,000
or more and may not exceed $30 in any other county, except

HB2494 - 44 - LRB101 08785 TAE 53872 b
as applied to units of local government and school
districts in counties with more than 3,000,000 inhabitants
an amount not to exceed $30; and
(3) if the amount in controversy in the proceeding is
greater than $5,000, the fee may not exceed $65 in a county
with a population of 3,000,000 or more and may not exceed
$50 in any other county, except as applied to units of
local government and school districts in counties with more
than 3,000,000 inhabitants an amount not to exceed $50.
(j-5) Debt collection. In any proceeding to collect a debt
subject to the exception in item (ii) of subparagraph (A-5) of
paragraph (1) of subsection (z) of this Section, the circuit
court shall order and the clerk shall collect from each
judgment debtor a fee of:
(1) $35 if the amount in controversy in the proceeding
is not more than $1,000;
(2) $45 if the amount in controversy in the proceeding
is greater than $1,000 and not more than $5,000; and
(3) $65 if the amount in controversy in the proceeding
is greater than $5,000.
(k) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support
cases, the clerk may collect a fee of up to 2.5% of the
amount collected and turned over.
(2) In child support and maintenance cases, the clerk

HB2494 - 45 - LRB101 08785 TAE 53872 b
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee is in addition to and separate from amounts
ordered to be paid as maintenance or child support and
shall be deposited into a Separate Maintenance and Child
Support Collection Fund, of which the clerk shall be the
custodian, ex officio, to be used by the clerk to maintain
child support orders and record all payments issued by the
State Disbursement Unit for the official record of the
Court. The clerk may recover from the person making the
maintenance or child support payment any additional cost
incurred in the collection of this annual fee.
(3) (Blank). The clerk may collect a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Illinois Vehicle Code, and this fee
shall be deposited into the Separate Maintenance and Child
Support Collection Fund.
(4) In proceedings to foreclose the lien of delinquent
real estate taxes, State's Attorneys shall receive a fee of
10% of the total amount realized from the sale of real
estate sold in the proceedings. The clerk shall collect the
fee from the total amount realized from the sale of the
real estate sold in the proceedings and remit to the County

HB2494 - 46 - LRB101 08785 TAE 53872 b
Treasurer to be credited to the earnings of the Office of
the State's Attorney.
(l) Mailing. The fee for the clerk mailing documents shall
not exceed $10 plus the cost of postage.
(m) Certified copies. The fee for each certified copy of a
judgment, after the first copy, shall not exceed $10.
(n) Certification, authentication, and reproduction.
(1) The fee for each certification or authentication
for taking the acknowledgment of a deed or other instrument
in writing with the seal of office shall not exceed $6.
(2) The fee for reproduction of any document contained
in the clerk's files shall not exceed:
(A) $2 for the first page;
(B) 50 cents per page for the next 19 pages; and
(C) 25 cents per page for all additional pages.
(o) Record search. For each record search, within a
division or municipal district, the clerk may collect a search
fee not to exceed $6 for each year searched.
(p) Hard copy. For each page of hard copy print output,
when case records are maintained on an automated medium, the
clerk may collect a fee not to exceed $10 in a county with a
population of 3,000,000 or more and not to exceed $6 in any
other county, except as applied to units of local government
and school districts in counties with more than 3,000,000
inhabitants an amount not to exceed $6.
(q) Index inquiry and other records. No fee shall be

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charged for a single plaintiff and defendant index inquiry or
single case record inquiry when this request is made in person
and the records are maintained in a current automated medium,
and when no hard copy print output is requested. The fees to be
charged for management records, multiple case records, and
multiple journal records may be specified by the Chief Judge
pursuant to the guidelines for access and dissemination of
information approved by the Supreme Court.
(r) Performing a marriage. There shall be a $10 fee for
performing a marriage in court.
(s) Voluntary assignment. For filing each deed of voluntary
assignment, the clerk shall collect a fee not to exceed $20.
For recording a deed of voluntary assignment, the clerk shall
collect a fee not to exceed 50 cents for each 100 words.
Exceptions filed to claims presented to an assignee of a debtor
who has made a voluntary assignment for the benefit of
creditors shall be considered and treated, for the purpose of
taxing costs therein, as actions in which the party or parties
filing the exceptions shall be considered as party or parties
plaintiff, and the claimant or claimants as party or parties
defendant, and those parties respectively shall pay to the
clerk the same fees as provided by this Section to be paid in
other actions.
(t) Expungement petition. The clerk may collect a fee not
to exceed $60 for each expungement petition filed and an
additional fee not to exceed $4 for each certified copy of an

HB2494 - 48 - LRB101 08785 TAE 53872 b
order to expunge arrest records.
(u) Transcripts of judgment. For the filing of a transcript
of judgment, the clerk may collect the same fee as if it were
the commencement of a new suit.
(v) Probate filings.
(1) For each account (other than one final account)
filed in the estate of a decedent, or ward, the fee shall
not exceed $25.
(2) For filing a claim in an estate when the amount
claimed is greater than $150 and not more than $500, the
fee shall not exceed $40 in a county with a population of
3,000,000 or more and shall not exceed $25 in any other
county; when the amount claimed is greater than $500 and
not more than $10,000, the fee shall not exceed $55 in a
county with a population of 3,000,000 or more and shall not
exceed $40 in any other county; and when the amount claimed
is more than $10,000, the fee shall not exceed $75 in a
county with a population of 3,000,000 or more and shall not
exceed $60 in any other county; except the court in
allowing a claim may add to the amount allowed the filing
fee paid by the claimant.
(3) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of a
will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the

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appointment of testamentary trustees, the fee shall not
exceed $60.
(4) There shall be no fee for filing in an estate: (i)
the appearance of any person for the purpose of consent; or
(ii) the appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem, or
special administrator.
(5) For each jury demand, the fee shall not exceed
$137.50.
(6) For each certified copy of letters of office, of
court order, or other certification, the fee shall not
exceed $2 per page.
(7) For each exemplification, the fee shall not exceed
$2, plus the fee for certification.
(8) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall pay
the cost of publication by the clerk directly to the
newspaper.
(9) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous
fees shall pay the same directly to the person entitled
thereto.
(10) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,

HB2494 - 50 - LRB101 08785 TAE 53872 b
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Corrections of numbers. For correction of the case
number, case title, or attorney computer identification
number, if required by rule of court, on any document filed in
the clerk's office, to be charged against the party that filed
the document, the fee shall not exceed $25.
(x) Miscellaneous.
(1) Interest earned on any fees collected by the clerk
shall be turned over to the county general fund as an
earning of the office.
(2) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, the clerk shall collect a fee
of $25.
(y) Other fees. Any fees not covered in this Section shall
be set by rule or administrative order of the circuit court
with the approval of the Administrative Office of the Illinois
Courts. The clerk of the circuit court may provide services in
connection with the operation of the clerk's office, other than
those services mentioned in this Section, as may be requested
by the public and agreed to by the clerk and approved by the
Chief Judge. Any charges for additional services shall be as
agreed to between the clerk and the party making the request
and approved by the Chief Judge. Nothing in this subsection
shall be construed to require any clerk to provide any service

HB2494 - 51 - LRB101 08785 TAE 53872 b
not otherwise required by law.
(y-5) Unpaid fees. Unless a court ordered payment schedule
is implemented or the fee requirements of this Section are
waived under a court order, the clerk of the circuit court may
add to any unpaid fees and costs under this Section a
delinquency amount equal to 5% of the unpaid fees that remain
unpaid after 30 days, 10% of the unpaid fees that remain unpaid
after 60 days, and 15% of the unpaid fees that remain unpaid
after 90 days. Notice to those parties may be made by signage
posting or publication. The additional delinquency amounts
collected under this Section shall be deposited into the
Circuit Court Clerk Operations and Administration Fund and used
to defray additional administrative costs incurred by the clerk
of the circuit court in collecting unpaid fees and costs.
(z) Exceptions.
(1) No fee authorized by this Section shall apply to:
(A) police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means: an agency of the State or agency of a unit of
local government which is vested by law or ordinance
with the duty to maintain public order and to enforce
criminal laws or ordinances; the Attorney General; or
any State's Attorney;
(A-5) any unit of local government or school
district, except in counties having a population of
500,000 or more the county board may by resolution set

HB2494 - 52 - LRB101 08785 TAE 53872 b
fees for units of local government or school districts
no greater than the minimum fees applicable in counties
with a population less than 3,000,000; provided
however, no fee may be charged to any unit of local
government or school district in connection with any
action which, in whole or in part, is: (i) to enforce
an ordinance; (ii) to collect a debt; or (iii) under
the Administrative Review Law;
(B) any action instituted by the corporate
authority of a municipality with more than 1,000,000
inhabitants under Section 11-31-1 of the Illinois
Municipal Code and any action instituted under
subsection (b) of Section 11-31-1 of the Illinois
Municipal Code by a private owner or tenant of real
property within 1,200 feet of a dangerous or unsafe
building seeking an order compelling the owner or
owners of the building to take any of the actions
authorized under that subsection;
(C) any commitment petition or petition for an
order authorizing the administration of psychotropic
medication or electroconvulsive therapy under the
Mental Health and Developmental Disabilities Code;
(D) a petitioner in any order of protection
proceeding, including, but not limited to, fees for
filing, modifying, withdrawing, certifying, or
photocopying petitions for orders of protection,

HB2494 - 53 - LRB101 08785 TAE 53872 b
issuing alias summons, any related filing service, or
certifying, modifying, vacating, or photocopying any
orders of protection; or
(E) proceedings for the appointment of a
confidential intermediary under the Adoption Act.
(2) No fee other than the filing fee contained in the
applicable schedule in subsection (a) shall be charged to
any person in connection with an adoption proceeding.
(3) Upon good cause shown, the court may waive any fees
associated with a special needs adoption. The term "special
needs adoption" has the meaning provided by the Illinois
Department of Children and Family Services.
(aa) This Section is repealed on January 1, 2021.
(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
100-1161, eff. 7-1-19.)
Section 20. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 505 and 607.5 as
follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, or
dissolution of a civil union, a proceeding for child support
following a legal separation or dissolution of the marriage or

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civil union by a court that lacked personal jurisdiction over
the absent spouse, a proceeding for modification of a previous
order for child support under Section 510 of this Act, or any
proceeding authorized under Section 501 or 601 of this Act, the
court may order either or both parents owing a duty of support
to a child of the marriage or civil union to pay an amount
reasonable and necessary for support. The duty of support owed
to a child includes the obligation to provide for the
reasonable and necessary physical, mental and emotional health
needs of the child. For purposes of this Section, the term
"child" shall include any child under age 18 and any child age
19 or younger who is still attending high school. For purposes
of this Section, the term "obligor" means the parent obligated
to pay support to the other parent.
(1) Child support guidelines. The Illinois Department
of Healthcare and Family Services shall adopt rules
establishing child support guidelines which include
worksheets to aid in the calculation of the child support
obligations and a schedule of basic child support
obligations that reflects the percentage of combined net
income that parents living in the same household in this
State ordinarily spend on their child. The child support
guidelines have the following purposes:
(A) to establish as State policy an adequate
standard of support for a child, subject to the ability
of parents to pay;

HB2494 - 55 - LRB101 08785 TAE 53872 b
(B) to make child support obligations more
equitable by ensuring more consistent treatment of
parents in similar circumstances;
(C) to improve the efficiency of the court process
by promoting settlements and giving courts and the
parties guidance in establishing levels of child
support;
(D) to calculate child support based upon the
parents' combined net income estimated to have been
allocated for the support of the child if the parents
and child were living in an intact household;
(E) to adjust child support based upon the needs of
the child; and
(F) to allocate the amount of child support to be
paid by each parent based upon a parent's net income
and the child's physical care arrangements.
(1.5) Computation of basic child support obligation.
The court shall compute the basic child support obligation
by taking the following steps:
(A) determine each parent's monthly net income;
(B) add the parents' monthly net incomes together
to determine the combined monthly net income of the
parents;
(C) select the corresponding appropriate amount
from the schedule of basic child support obligations
based on the parties' combined monthly net income and

HB2494 - 56 - LRB101 08785 TAE 53872 b
number of children of the parties; and
(D) calculate each parent's percentage share of
the basic child support obligation.
Although a monetary obligation is computed for each
parent as child support, the receiving parent's share is
not payable to the other parent and is presumed to be spent
directly on the child.
(2) Duty of support. The court shall determine child
support in each case by applying the child support
guidelines unless the court makes a finding that
application of the guidelines would be inappropriate,
after considering the best interests of the child and
evidence which shows relevant factors including, but not
limited to, one or more of the following:
(A) the financial resources and needs of the child;
(B) the financial resources and needs of the
parents;
(C) the standard of living the child would have
enjoyed had the marriage or civil union not been
dissolved; and
(D) the physical and emotional condition of the
child and his or her educational needs.
(3) Income.
(A) As used in this Section, "gross income" means
the total of all income from all sources, except "gross
income" does not include (i) benefits received by the

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parent from means-tested public assistance programs,
including, but not limited to, Temporary Assistance
for Needy Families, Supplemental Security Income, and
the Supplemental Nutrition Assistance Program or (ii)
benefits and income received by the parent for other
children in the household, including, but not limited
to, child support, survivor benefits, and foster care
payments. Social security disability and retirement
benefits paid for the benefit of the subject child must
be included in the disabled or retired parent's gross
income for purposes of calculating the parent's child
support obligation, but the parent is entitled to a
child support credit for the amount of benefits paid to
the other party for the child. "Gross income" includes
maintenance treated as taxable income for federal
income tax purposes to the payee and received pursuant
to a court order in the pending proceedings or any
other proceedings and shall be included in the payee's
gross income for purposes of calculating the parent's
child support obligation.
(B) As used in this Section, "net income" means
gross income minus either the standardized tax amount
calculated pursuant to subparagraph (C) of this
paragraph (3) or the individualized tax amount
calculated pursuant to subparagraph (D) of this
paragraph (3), and minus any adjustments pursuant to

HB2494 - 58 - LRB101 08785 TAE 53872 b
subparagraph (F) of this paragraph (3). The
standardized tax amount shall be used unless the
requirements for an individualized tax amount set
forth in subparagraph (E) of this paragraph (3) are
met. "Net income" includes maintenance not includable
in the gross taxable income of the payee for federal
income tax purposes under a court order in the pending
proceedings or any other proceedings and shall be
included in the payee's net income for purposes of
calculating the parent's child support obligation.
(C) As used in this Section, "standardized tax
amount" means the total of federal and state income
taxes for a single person claiming the standard tax
deduction, one personal exemption, and the applicable
number of dependency exemptions for the minor child or
children of the parties, and Social Security and
Medicare tax calculated at the Federal Insurance
Contributions Act rate.
(I) Unless a court has determined otherwise or
the parties otherwise agree, the party with the
majority of parenting time shall be deemed
entitled to claim the dependency exemption for the
parties' minor child.
(II) The Illinois Department of Healthcare and
Family Services shall promulgate a standardized
net income conversion table that computes net

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income by deducting the standardized tax amount
from gross income.
(D) As used in this Section, "individualized tax
amount" means the aggregate of the following taxes:
(I) federal income tax (properly calculated
withholding or estimated payments);
(II) State income tax (properly calculated
withholding or estimated payments); and
(III) Social Security or self-employment tax,
if applicable (or, if none, mandatory retirement
contributions required by law or as a condition of
employment) and Medicare tax calculated at the
Federal Insurance Contributions Act rate.
(E) In lieu of a standardized tax amount, a
determination of an individualized tax amount may be
made under items (I), (II), or (III) below. If an
individualized tax amount determination is made under
this subparagraph (E), all relevant tax attributes
(including filing status, allocation of dependency
exemptions, and whether a party is to claim the use of
the standard deduction or itemized deductions for
federal income tax purposes) shall be as the parties
agree or as the court determines. To determine a
party's reported income, the court may order the party
to complete an Internal Revenue Service Form 4506-T,
Request for Tax Transcript.

HB2494 - 60 - LRB101 08785 TAE 53872 b
(I) Agreement. Irrespective of whether the
parties agree on any other issue before the court,
if they jointly stipulate for the record their
concurrence on a computation method for the
individualized tax amount that is different from
the method set forth under subparagraph (D), the
stipulated method shall be used by the court unless
the court rejects the proposed stipulated method
for good cause.
(II) Summary hearing. If the court determines
child support in a summary hearing under Section
501 and an eligible party opts in to the
individualized tax amount method under this item
(II), the individualized tax amount shall be
determined by the court on the basis of information
contained in one or both parties' Supreme Court
approved Financial Affidavit (Family & Divorce
Cases) and relevant supporting documents under
applicable court rules. No party, however, is
eligible to opt in unless the party, under
applicable court rules, has served the other party
with the required Supreme Court approved Financial
Affidavit (Family & Divorce Cases) and has
substantially produced supporting documents
required by the applicable court rules.
(III) Evidentiary hearing. If the court

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determines child support in an evidentiary
hearing, whether for purposes of a temporary order
or at the conclusion of a proceeding, item (II) of
this subparagraph (E) does not apply. In each such
case (unless item (I) governs), the individualized
tax amount shall be as determined by the court on
the basis of the record established.
(F) Adjustments to income.
(I) Multi-family adjustment. If a parent is
also legally responsible for support of a child not
shared with the other parent and not subject to the
present proceeding, there shall be an adjustment
to net income as follows:
(i) Multi-family adjustment with court
order. The court shall deduct from the parent's
net income the amount of child support actually
paid by the parent pursuant to a support order
unless the court makes a finding that it would
cause economic hardship to the child.
(ii) Multi-family adjustment without court
order. Upon the request or application of a
parent actually supporting a presumed,
acknowledged, or adjudicated child living in
or outside of that parent's household, there
shall be an adjustment to child support. The
court shall deduct from the parent's net income

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the amount of financial support actually paid
by the parent for the child or 75% of the
support the parent should pay under the child
support guidelines (before this adjustment),
whichever is less, unless the court makes a
finding that it would cause economic hardship
to the child. The adjustment shall be
calculated using that parent's income alone.
(II) Spousal Maintenance adjustment.
Obligations pursuant to a court order for spousal
maintenance in the pending proceeding actually
paid or payable to the same party to whom child
support is to be payable or actually paid to a
former spouse pursuant to a court order shall be
deducted from the parent's after-tax income,
unless the maintenance obligation is tax
deductible to the payor for federal income tax
purposes, in which case it shall be deducted from
the payor's gross income for purposes of
calculating the parent's child support obligation.
(3.1) Business income. For purposes of calculating
child support, net business income from the operation of a
business means gross receipts minus ordinary and necessary
expenses required to carry on the trade or business. As
used in this paragraph, "business" includes, but is not
limited to, sole proprietorships, closely held

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corporations, partnerships, other flow-through business
entities, and self-employment. The court shall apply the
following:
(A) The accelerated component of depreciation and
any business expenses determined either judicially or
administratively to be inappropriate or excessive
shall be excluded from the total of ordinary and
necessary business expenses to be deducted in the
determination of net business income from gross
business income.
(B) Any item of reimbursement or in-kind payment
received by a parent from a business, including, but
not limited to, a company car, reimbursed meals, free
housing, or a housing allowance, shall be counted as
income if not otherwise included in the recipient's
gross income, if the item is significant in amount and
reduces personal expenses.
(3.2) Unemployment or underemployment. If a parent is
voluntarily unemployed or underemployed, child support
shall be calculated based on a determination of potential
income. A determination of potential income shall be made
by determining employment potential and probable earnings
level based on the obligor's work history, occupational
qualifications, prevailing job opportunities, the
ownership by a parent of a substantial non-income producing
asset, and earnings levels in the community. If there is

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insufficient work history to determine employment
potential and probable earnings level, there shall be a
rebuttable presumption that the parent's potential income
is 75% of the most recent United States Department of
Health and Human Services Federal Poverty Guidelines for a
family of one person.
(3.3) Rebuttable presumption in favor of guidelines.
There is a rebuttable presumption in any judicial or
administrative proceeding for child support that the
amount of the child support obligation that would result
from the application of the child support guidelines is the
correct amount of child support.
(3.3a) Minimum child support obligation. There is a
rebuttable presumption that a minimum child support
obligation of $40 per month, per child, will be entered for
an obligor who has actual or imputed gross income at or
less than 75% of the most recent United States Department
of Health and Human Services Federal Poverty Guidelines for
a family of one person, with a maximum total child support
obligation for that obligor of $120 per month to be divided
equally among all of the obligor's children.
(3.3b) Zero dollar child support order. For parents
with no gross income, who receive only means-tested
assistance, or who cannot work due to a medically proven
disability, incarceration, or institutionalization, there
is a rebuttable presumption that the $40 per month minimum

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support order is inapplicable and a zero dollar order shall
be entered.
(3.4) Deviation factors. In any action to establish or
modify child support, whether pursuant to a temporary or
final administrative or court order, the child support
guidelines shall be used as a rebuttable presumption for
the establishment or modification of the amount of child
support. The court may deviate from the child support
guidelines if the application would be inequitable,
unjust, or inappropriate. Any deviation from the
guidelines shall be accompanied by written findings by the
court specifying the reasons for the deviation and the
presumed amount under the child support guidelines without
a deviation. These reasons may include:
(A) extraordinary medical expenditures necessary
to preserve the life or health of a party or a child of
either or both of the parties;
(B) additional expenses incurred for a child
subject to the child support order who has special
medical, physical, or developmental needs; and
(C) any other factor the court determines should be
applied upon a finding that the application of the
child support guidelines would be inappropriate, after
considering the best interest of the child.
(3.5) Income in excess of the schedule of basic child
support obligation. A court may use its discretion to

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determine child support if the combined adjusted net income
of the parties exceeds the highest level of the schedule of
basic child support obligation, except that the basic child
support obligation shall not be less than the highest level
of combined net income set forth in the schedule of basic
child support obligation.
(3.6) Extracurricular activities and school expenses.
The court, in its discretion, in addition to the basic
child support obligation, may order either or both parents
owing a duty of support to the child to contribute to the
reasonable school and extracurricular activity expenses
incurred which are intended to enhance the educational,
athletic, social, or cultural development of the child.
(3.7) Child care expenses. The court, in its
discretion, in addition to the basic child support
obligation, may order either or both parents owing a duty
of support to the child to contribute to the reasonable
child care expenses of the child. The child care expenses
shall be made payable directly to a party or directly to
the child care provider at the time of child care services.
(A) "Child care expenses" means actual expenses
reasonably necessary to enable a parent or non-parent
custodian to be employed, to attend educational or
vocational training programs to improve employment
opportunities, or to search for employment. "Child
care expenses" also includes deposits for securing

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placement in a child care program, the cost of before
and after school care, and camps when school is not in
session. A child's special needs shall be a
consideration in determining reasonable child care
expenses.
(B) Child care expenses shall be prorated in
proportion to each parent's percentage share of
combined net income, and may be added to the basic
child support obligation if not paid directly by each
parent to the provider of child care services. The
obligor's and obligee's portion of actual child care
expenses shall appear in the support order. If allowed,
the value of the federal income tax credit for child
care shall be subtracted from the actual cost to
determine the net child care costs.
(C) The amount of child care expenses shall be
adequate to obtain reasonable and necessary child
care. The actual child care expenses shall be used to
calculate the child care expenses, if available. When
actual child care expenses vary, the actual child care
expenses may be averaged over the most recent 12-month
period. When a parent is temporarily unemployed or
temporarily not attending educational or vocational
training programs, future child care expenses shall be
based upon prospective expenses to be incurred upon
return to employment or educational or vocational

HB2494 - 68 - LRB101 08785 TAE 53872 b
training programs.
(D) An order for child care expenses may be
modified upon a showing of a substantial change in
circumstances. The party incurring child care expenses
shall notify the other party within 14 days of any
change in the amount of child care expenses that would
affect the annualized child care amount as determined
in the support order.
(3.8) Shared physical care. If each parent exercises
146 or more overnights per year with the child, the basic
child support obligation is multiplied by 1.5 to calculate
the shared care child support obligation. The court shall
determine each parent's share of the shared care child
support obligation based on the parent's percentage share
of combined net income. The child support obligation is
then computed for each parent by multiplying that parent's
portion of the shared care support obligation by the
percentage of time the child spends with the other parent.
The respective child support obligations are then offset,
with the parent owing more child support paying the
difference between the child support amounts. The Illinois
Department of Healthcare and Family Services shall
promulgate a worksheet to calculate child support in cases
in which the parents have shared physical care and use the
standardized tax amount to determine net income.
(3.9) Split physical care. When there is more than one

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child and each parent has physical care of at least one but
not all of the children, the support is calculated by using
2 child support worksheets to determine the support each
parent owes the other. The support shall be calculated as
follows:
(A) compute the support the first parent would owe
to other parent as if the child in his or her care was
the only child of the parties; then
(B) compute the support the other parent would owe
to the first parent as if the child in his or her care
were the only child of the parties; then
(C) subtract the lesser support obligation from
the greater.
The parent who owes the greater obligation shall be
ordered to pay the difference in support to the other
parent, unless the court determines, pursuant to other
provisions of this Section, that it should deviate from the
guidelines.
(4) Health care.
(A) A portion of the basic child support obligation
is intended to cover basic ordinary out-of-pocket
medical expenses. The court, in its discretion, in
addition to the basic child support obligation, shall
also provide for the child's current and future medical
needs by ordering either or both parents to initiate
health insurance coverage for the child through

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currently effective health insurance policies held by
the parent or parents, purchase one or more or all
health, dental, or vision insurance policies for the
child, or provide for the child's current and future
medical needs through some other manner.
(B) The court, in its discretion, may order either
or both parents to contribute to the reasonable health
care needs of the child not covered by insurance,
including, but not limited to, unreimbursed medical,
dental, orthodontic, or vision expenses and any
prescription medication for the child not covered
under the child's health insurance.
(C) If neither parent has access to appropriate
private health insurance coverage, the court may
order:
(I) one or both parents to provide health
insurance coverage at any time it becomes
available at a reasonable cost; or
(II) the parent or non-parent custodian with
primary physical responsibility for the child to
apply for public health insurance coverage for the
child and require either or both parents to pay a
reasonable amount of the cost of health insurance
for the child.
The order may also provide that any time private
health insurance coverage is available at a reasonable

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cost to that party it will be provided instead of cash
medical support. As used in this Section, "cash medical
support" means an amount ordered to be paid toward the
cost of health insurance provided by a public entity or
by another person through employment or otherwise or
for other medical costs not covered by insurance.
(D) The amount to be added to the basic child
support obligation shall be the actual amount of the
total health insurance premium that is attributable to
the child who is the subject of the order. If this
amount is not available or cannot be verified, the
total cost of the health insurance premium shall be
divided by the total number of persons covered by the
policy. The cost per person derived from this
calculation shall be multiplied by the number of
children who are the subject of the order and who are
covered under the health insurance policy. This amount
shall be added to the basic child support obligation
and shall be allocated between the parents in
proportion to their respective net incomes.
(E) After the health insurance premium for the
child is added to the basic child support obligation
and allocated between the parents in proportion to
their respective incomes for child support purposes,
if the obligor is paying the premium, the amount
calculated for the obligee's share of the health

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insurance premium for the child shall be deducted from
the obligor's share of the total child support
obligation. If the obligee is paying for private health
insurance for the child, the child support obligation
shall be increased by the obligor's share of the
premium payment. The obligor's and obligee's portion
of health insurance costs shall appear in the support
order.
(F) Prior to allowing the health insurance
adjustment, the parent requesting the adjustment must
submit proof that the child has been enrolled in a
health insurance plan and must submit proof of the cost
of the premium. The court shall require the parent
receiving the adjustment to annually submit proof of
continued coverage of the child to the other parent, or
as designated by the court.
(G) A reasonable cost for providing health
insurance coverage for the child may not exceed 5% of
the providing parent's gross income. Parents with a net
income below 133% of the most recent United States
Department of Health and Human Services Federal
Poverty Guidelines or whose child is covered by
Medicaid based on that parent's income may not be
ordered to contribute toward or provide private
coverage, unless private coverage is obtainable
without any financial contribution by that parent.

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(H) If dental or vision insurance is included as
part of the employer's medical plan, the coverage shall
be maintained for the child. If not included in the
employer's medical plan, adding the dental or vision
insurance for the child is at the discretion of the
court.
(I) If a parent has been directed to provide health
insurance pursuant to this paragraph and that parent's
spouse or legally recognized partner provides the
insurance for the benefit of the child either directly
or through employment, a credit on the child support
worksheet shall be given to that parent in the same
manner as if the premium were paid by that parent.
(4.5) In a proceeding for child support following
dissolution of the marriage or civil union by a court that
lacked personal jurisdiction over the absent spouse, and in
which the court is requiring payment of support for the
period before the date an order for current support is
entered, there is a rebuttable presumption that the
obligor's net income for the prior period was the same as
his or her net income at the time the order for current
support is entered.
(5) If the net income cannot be determined because of
default or any other reason, the court shall order support
in an amount considered reasonable in the particular case.
The final order in all cases shall state the support level

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in dollar amounts. However, if the court finds that the
child support amount cannot be expressed exclusively as a
dollar amount because all or a portion of the obligor's net
income is uncertain as to source, time of payment, or
amount, the court may order a percentage amount of support
in addition to a specific dollar amount and enter such
other orders as may be necessary to determine and enforce,
on a timely basis, the applicable support ordered.
(6) If (i) the obligor was properly served with a
request for discovery of financial information relating to
the obligor's ability to provide child support, (ii) the
obligor failed to comply with the request, despite having
been ordered to do so by the court, and (iii) the obligor
is not present at the hearing to determine support despite
having received proper notice, then any relevant financial
information concerning the obligor's ability to provide
child support that was obtained pursuant to subpoena and
proper notice shall be admitted into evidence without the
need to establish any further foundation for its admission.
(a-5) In an action to enforce an order for child support
based on the obligor's failure to make support payments as
required by the order, notice of proceedings to hold the
obligor in contempt for that failure may be served on the
obligor by personal service or by regular mail addressed to the
last known address of the obligor. The last known address of
the obligor may be determined from records of the clerk of the

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court, from the Federal Case Registry of Child Support Orders,
or by any other reasonable means.
(b) Failure of either parent to comply with an order to pay
support shall be punishable as in other cases of contempt. In
addition to other penalties provided by law the court may,
after finding the parent guilty of contempt, order that the
parent be:
(1) placed on probation with such conditions of
probation as the court deems advisable;
(2) sentenced to periodic imprisonment for a period not
to exceed 6 months; provided, however, that the court may
permit the parent to be released for periods of time during
the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The court may further order any part or all of the earnings
of a parent during a sentence of periodic imprisonment paid to
the Clerk of the Circuit Court or to the parent having physical
possession of the child or to the non-parent custodian having
custody of the child of the sentenced parent for the support of
the child until further order of the court.
If a parent who is found guilty of contempt for failure to
comply with an order to pay support is a person who conducts a
business or who is self-employed, the court in addition to
other penalties provided by law may order that the parent do

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one or more of the following: (i) provide to the court monthly
financial statements showing income and expenses from the
business or the self-employment; (ii) seek employment and
report periodically to the court with a diary, listing, or
other memorandum of his or her employment search efforts; or
(iii) report to the Department of Employment Security for job
search services to find employment that will be subject to
withholding for child support.
If there is a unity of interest and ownership sufficient to
render no financial separation between an obligor and another
person or persons or business entity, the court may pierce the
ownership veil of the person, persons, or business entity to
discover assets of the obligor held in the name of that person,
those persons, or that business entity. The following
circumstances are sufficient to authorize a court to order
discovery of the assets of a person, persons, or business
entity and to compel the application of any discovered assets
toward payment on the judgment for support:
(1) the obligor and the person, persons, or business
entity maintain records together.
(2) the obligor and the person, persons, or business
entity fail to maintain an arm's length relationship
between themselves with regard to any assets.
(3) the obligor transfers assets to the person,
persons, or business entity with the intent to perpetrate a
fraud on the obligee.

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With respect to assets which are real property, no order
entered under this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other lien
holders who acquire their interests in the property prior to
the time a notice of lis pendens pursuant to the Code of Civil
Procedure or a copy of the order is placed of record in the
office of the recorder of deeds for the county in which the
real property is located.
The court may also order in cases where the parent is 90
days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days obligation
or more, that the parent's Illinois driving privileges be
suspended until the court determines that the parent is in
compliance with the order of support. The court may also order
that the parent be issued a family financial responsibility
driving permit that would allow limited driving privileges for
employment and medical purposes in accordance with Section
7-702.1 of the Illinois Vehicle Code. The Clerk of the Circuit
Court shall certify the order suspending the driving privileges
of the parent or granting the issuance of a family financial
responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary of State. Upon receipt of the
authenticated documents, the Secretary of State shall suspend
the parent's driving privileges until further order of the
court and shall, if ordered by the court, subject to the
provisions of Section 7-702.1 of the Illinois Vehicle Code,

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issue a family financial responsibility driving permit to the
parent.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance with
that Act. The sentence may include but need not be limited to a
requirement that the person perform community service under
Section 50 of that Act or participate in a work alternative
program under Section 50 of that Act. A person may not be
required to participate in a work alternative program under
Section 50 of that Act if the person is currently participating
in a work program pursuant to Section 505.1 of this Act.
A support obligation, or any portion of a support
obligation, which becomes due and remains unpaid as of the end
of each month, excluding the child support that was due for
that month to the extent that it was not paid in that month,
shall accrue simple interest as set forth in Section 12-109 of
the Code of Civil Procedure. An order for support entered or
modified on or after January 1, 2006 shall contain a statement
that a support obligation required under the order, or any
portion of a support obligation required under the order, that
becomes due and remains unpaid as of the end of each month,
excluding the child support that was due for that month to the
extent that it was not paid in that month, shall accrue simple

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interest as set forth in Section 12-109 of the Code of Civil
Procedure. Failure to include the statement in the order for
support does not affect the validity of the order or the
accrual of interest as provided in this Section.
(c) A one-time charge of 20% is imposable upon the amount
of past-due child support owed on July 1, 1988 which has
accrued under a support order entered by the court. The charge
shall be imposed in accordance with the provisions of Section
10-21 of the Illinois Public Aid Code and shall be enforced by
the court upon petition.
(d) Any new or existing support order entered by the court
under this Section shall be deemed to be a series of judgments
against the person obligated to pay support thereunder, each
such judgment to be in the amount of each payment or
installment of support and each such judgment to be deemed
entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such
judgment shall have the full force, effect and attributes of
any other judgment of this State, including the ability to be
enforced. Notwithstanding any other State or local law to the
contrary, a lien arises by operation of law against the real
and personal property of the obligor for each installment of
overdue support owed by the obligor.
(e) When child support is to be paid through the Clerk of
the Court in a county of 500,000 inhabitants or less, the order
shall direct the obligor to pay to the Clerk, in addition to

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the child support payments, all fees imposed by the county
board under paragraph (4) of subsection (bb) of Section 27.1a
of the Clerks of Courts Act. When child support is to be paid
through the clerk of the court in a county of more than 500,000
but less than 3,000,000 inhabitants, the order shall direct the
obligor to pay to the clerk, in addition to the child support
payments, all fees imposed by the county board under paragraph
(4) of subsection (bb) of Section 27.2 of the Clerks of Courts
Act. Unless paid pursuant to an Income Withholding Order/Notice
for Support, the payment of the fee shall be by payment
acceptable to the clerk and shall be made to the order of the
Clerk.
(f) All orders for support, when entered or modified, shall
include a provision requiring the obligor to notify the court
and, in cases in which a party is receiving child and spouse
services under Article X of the Illinois Public Aid Code, the
Department of Healthcare and Family Services, within 7 days,
(i) of the name and address of any new employer of the obligor,
(ii) whether the obligor has access to health insurance
coverage through the employer or other group coverage and, if
so, the policy name and number and the names of persons covered
under the policy, except only the initials of any covered
minors shall be included, and (iii) of any new residential or
mailing address or telephone number of the obligor. In any
subsequent action to enforce a support order, upon a sufficient
showing that a diligent effort has been made to ascertain the

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location of the obligor, service of process or provision of
notice necessary in the case may be made at the last known
address of the obligor in any manner expressly provided by the
Code of Civil Procedure or this Act, which service shall be
sufficient for purposes of due process.
(g) An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered by
the order will attain the age of 18. However, if the child will
not graduate from high school until after attaining the age of
18, then the termination date shall be no earlier than the
earlier of the date on which the child's high school graduation
will occur or the date on which the child will attain the age
of 19. The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on
that date. Nothing in this subsection shall be construed to
prevent the court from modifying the order or terminating the
order in the event the child is otherwise emancipated.
(g-5) If there is an unpaid arrearage or delinquency (as
those terms are defined in the Income Withholding for Support
Act) equal to at least one month's support obligation on the
termination date stated in the order for support or, if there
is no termination date stated in the order, on the date the
child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically

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continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage or
delinquency. That periodic payment shall be in addition to any
periodic payment previously required for satisfaction of the
arrearage or delinquency. The total periodic amount to be paid
toward satisfaction of the arrearage or delinquency may be
enforced and collected by any method provided by law for
enforcement and collection of child support, including but not
limited to income withholding under the Income Withholding for
Support Act. Each order for support entered or modified on or
after January 1, 2005 (the effective date of Public Act
93-1061) must contain a statement notifying the parties of the
requirements of this subsection. Failure to include the
statement in the order for support does not affect the validity
of the order or the operation of the provisions of this
subsection with regard to the order. This subsection shall not
be construed to prevent or affect the establishment or
modification of an order for support of a minor child or the
establishment or modification of an order for support of a
non-minor child or educational expenses under Section 513 of
this Act.
(h) An order entered under this Section shall include a
provision requiring either parent to report to the other parent
and to the Clerk of Court within 10 days each time either
parent obtains new employment, and each time either parent's
employment is terminated for any reason. The report shall be in

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writing and shall, in the case of new employment, include the
name and address of the new employer. Failure to report new
employment or the termination of current employment, if coupled
with nonpayment of support for a period in excess of 60 days,
is indirect criminal contempt. For either parent arrested for
failure to report new employment bond shall be set in the
amount of the child support that should have been paid during
the period of unreported employment. An order entered under
this Section shall also include a provision requiring either
obligor and obligee to advise the other of a change in
residence within 5 days of the change except when the court
finds that the physical, mental, or emotional health of a party
or that of a child, or both, would be seriously endangered by
disclosure of the party's address.
(i) The court does not lose the powers of contempt,
driver's license suspension, or other child support
enforcement mechanisms, including, but not limited to,
criminal prosecution as set forth in this Act, upon the
emancipation of the minor child.
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764,
eff. 7-1-17; 100-15, eff. 7-1-17; 100-863, eff. 8-14-18;
100-923, eff. 1-1-19.)
(750 ILCS 5/607.5)
Sec. 607.5. Abuse of allocated parenting time.
(a) The court shall provide an expedited procedure for the

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enforcement of allocated parenting time.
(b) An action for the enforcement of allocated parenting
time may be commenced by a parent or a person appointed under
Section 506 by filing a petition setting forth: (i) the
petitioner's name and residence address or mailing address,
except that if the petition states that disclosure of
petitioner's address would risk abuse of petitioner or any
member of petitioner's family or household or reveal the
confidential address of a shelter for domestic violence
victims, that address may be omitted from the petition; (ii)
the respondent's name and place of residence, place of
employment, or mailing address; (iii) the terms of the
parenting plan or allocation judgment then in effect; (iv) the
nature of the violation of the allocation of parenting time,
giving dates and other relevant information; and (v) that a
reasonable attempt was made to resolve the dispute.
(c) If the court finds by a preponderance of the evidence
that a parent has not complied with allocated parenting time
according to an approved parenting plan or a court order, the
court, in the child's best interests, shall issue an order that
may include one or more of the following:
(1) an imposition of additional terms and conditions
consistent with the court's previous allocation of
parenting time or other order;
(2) a requirement that either or both of the parties
attend a parental education program at the expense of the

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non-complying parent;
(3) upon consideration of all relevant factors,
particularly a history or possibility of domestic
violence, a requirement that the parties participate in
family or individual counseling, the expense of which shall
be allocated by the court; if counseling is ordered, all
counseling sessions shall be confidential, and the
communications in counseling shall not be used in any
manner in litigation nor relied upon by an expert appointed
by the court or retained by any party;
(4) a requirement that the non-complying parent post a
cash bond or other security to ensure future compliance,
including a provision that the bond or other security may
be forfeited to the other parent for payment of expenses on
behalf of the child as the court shall direct;
(5) a requirement that makeup parenting time be
provided for the aggrieved parent or child under the
following conditions:
(A) that the parenting time is of the same type and
duration as the parenting time that was denied,
including but not limited to parenting time during
weekends, on holidays, and on weekdays and during times
when the child is not in school;
(B) that the parenting time is made up within 6
months after the noncompliance occurs, unless the
period of time or holiday cannot be made up within 6

HB2494 - 86 - LRB101 08785 TAE 53872 b
months, in which case the parenting time shall be made
up within one year after the noncompliance occurs;
(6) a finding that the non-complying parent is in
contempt of court;
(7) an imposition on the non-complying parent of an
appropriate civil fine per incident of denied parenting
time;
(8) a requirement that the non-complying parent
reimburse the other parent for all reasonable expenses
incurred as a result of the violation of the parenting plan
or court order; and
(9) any other provision that may promote the child's
best interests.
(d) In addition to any other order entered under subsection
(c), except for good cause shown, the court shall order a
parent who has failed to provide allocated parenting time or to
exercise allocated parenting time to pay the aggrieved party
his or her reasonable attorney's fees, court costs, and
expenses associated with an action brought under this Section.
If the court finds that the respondent in an action brought
under this Section has not violated the allocated parenting
time, the court may order the petitioner to pay the
respondent's reasonable attorney's fees, court costs, and
expenses incurred in the action.
(e) Nothing in this Section precludes a party from
maintaining any other action as provided by law.

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(f) When the court issues an order holding a party in
contempt for violation of a parenting time order and finds that
the party engaged in parenting time abuse, the court may order
one or more of the following:
(1) (Blank). Suspension of a party's Illinois driving
privileges pursuant to Section 7-703 of the Illinois
Vehicle Code until the court determines that the party is
in compliance with the parenting time order. The court may
also order that a party be issued a family financial
responsibility driving permit that would allow limited
driving privileges for employment, for medical purposes,
and to transport a child to or from scheduled parenting
time in order to comply with a parenting time order in
accordance with subsection (a-1) of Section 7-702.1 of the
Illinois Vehicle Code.
(2) Placement of a party on probation with such
conditions of probation as the court deems advisable.
(3) Sentencing of a party to periodic imprisonment for
a period not to exceed 6 months; provided, that the court
may permit the party to be released for periods of time
during the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
(4) Find that a party in engaging in parenting time
abuse is guilty of a petty offense and should be fined an

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amount of no more than $500 for each finding of parenting
time abuse.
(g) When the court issues an order holding a party in
contempt of court for violation of a parenting order, the clerk
shall transmit a copy of the contempt order to the sheriff of
the county. The sheriff shall furnish a copy of each contempt
order to the Department of State Police on a daily basis in the
form and manner required by the Department. The Department
shall maintain a complete record and index of the contempt
orders and make this data available to all local law
enforcement agencies.
(h) Nothing contained in this Section shall be construed to
limit the court's contempt power.
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
Section 25. The Non-Support Punishment Act is amended by
changing Section 50 as follows:
(750 ILCS 16/50)
Sec. 50. Community service; work alternative program.
(a) In addition to any other penalties imposed against an
offender under this Act, the court may order the offender to
perform community service for not less than 30 and not more
than 120 hours per month, if community service is available in
the jurisdiction and is funded and approved by the county board
of the county where the offense was committed. In addition,

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whenever any person is placed on supervision for committing an
offense under this Act, the supervision shall be conditioned on
the performance of the community service.
(b) In addition to any other penalties imposed against an
offender under this Act, the court may sentence the offender to
service in a work alternative program administered by the
sheriff. The conditions of the program are that the offender
obtain or retain employment and participate in a work
alternative program administered by the sheriff during
non-working hours. A person may not be required to participate
in a work alternative program under this subsection if the
person is currently participating in a work program pursuant to
another provision of this Act, Section 10-11.1 of the Illinois
Public Aid Code, Section 505.1 of the Illinois Marriage and
Dissolution of Marriage Act, or Section 806 of the Illinois
Parentage Act of 2015.
(c) In addition to any other penalties imposed against an
offender under this Act, the court may order, in cases where
the offender has been in violation of this Act for 90 days or
more, that the offender's Illinois driving privileges be
suspended until the court determines that the offender is in
compliance with this Act.
The court may determine that the offender is in compliance
with this Act if the offender has agreed (i) to pay all
required amounts of support and maintenance as determined by
the court or (ii) to the garnishment of his or her income for

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the purpose of paying those amounts.
The court may also order that the offender be issued a
family financial responsibility driving permit that would
allow limited driving privileges for employment and medical
purposes in accordance with Section 7-702.1 of the Illinois
Vehicle Code. The clerk of the circuit court shall certify the
order suspending the driving privileges of the offender or
granting the issuance of a family financial responsibility
driving permit to the Secretary of State on forms prescribed by
the Secretary. Upon receipt of the authenticated documents, the
Secretary of State shall suspend the offender's driving
privileges until further order of the court and shall, if
ordered by the court, subject to the provisions of Section
7-702.1 of the Illinois Vehicle Code, issue a family financial
responsibility driving permit to the offender.
(d) If the court determines that the offender has been in
violation of this Act for more than 60 days, the court may
determine whether the offender has applied for or been issued a
professional license by the Department of Professional
Regulation or another licensing agency. If the court determines
that the offender has applied for or been issued such a
license, the court may certify to the Department of
Professional Regulation or other licensing agency that the
offender has been in violation of this Act for more than 60
days so that the Department or other agency may take
appropriate steps with respect to the license or application as

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provided in Section 10-65 of the Illinois Administrative
Procedure Act and Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois. The court may take the actions required under this
subsection in addition to imposing any other penalty authorized
under this Act.
(Source: P.A. 99-85, eff. 1-1-16.)
Section 30. The Illinois Parentage Act of 2015 is amended
by changing Section 805 as follows:
(750 ILCS 46/805)
Sec. 805. Enforcement of judgment or order.
(a) If the existence of the parent-child relationship is
declared, or if parentage or a duty of support has been
established under this Act or under prior law or under the law
of any other jurisdiction, the judgment rendered thereunder may
be enforced in the same or in other proceedings by any party or
any person or agency that has furnished or may furnish
financial assistance or services to the child. The Income
Withholding for Support Act and Sections 802 and 808 of this
Act shall also be applicable with respect to the entry,
modification, and enforcement of a support judgment entered
under the Paternity Act, approved July 5, 1957 and repealed
July 1, 1985.
(b) Failure to comply with an order of the court shall be

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punishable as contempt as in other cases of failure to comply
under the Illinois Marriage and Dissolution of Marriage Act. In
addition to other penalties provided by law, the court may,
after finding the party guilty of contempt, take the following
action:
(1) Order that the party be placed on probation with
such conditions of probation as the court deems advisable.
(2) Order that the party be sentenced to periodic
imprisonment for a period not to exceed 6 months. However,
the court may permit the party to be released for periods
of time during the day or night to work, conduct business,
or engage in other self-employed occupation. The court may
further order any part of all the earnings of a party
during a sentence of periodic imprisonment to be paid to
the clerk of the circuit court or to the person or parent
having custody of or having been allocated parental
responsibilities for the minor child for the support of the
child until further order of the court.
(3) Pierce the ownership veil of a person, persons, or
business entity to discover assets of a non-custodial
parent held in the name of that person, those persons, or
that business entity, if there is a unity of interest and
ownership sufficient to render no financial separation
between the non-custodial parent and that person, those
persons, or the business entity. The following
circumstances are sufficient for a court to order discovery

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of the assets of a person, persons, or business entity and
to compel the application of any discovered assets toward
payment of the judgment for support:
(A) the non-custodial parent and the person,
persons, or business entity maintain records together.
(B) the non-custodial parent and the person,
persons, or business entity fail to maintain an
arm's-length relationship between themselves with
regard to any assets.
(C) the non-custodial parent transfers assets to
the person, persons, or business entity with the intent
to perpetrate a fraud on the custodial parent. With
respect to assets which are real property, no order
entered under this subdivision (3) shall affect the
rights of bona fide purchasers, mortgagees, judgment
creditors, or other lien holders who acquire their
interests in the property prior to the time a notice of
lis pendens under the Code of Civil Procedure or a copy
of the order is placed of record in the office of the
recorder of deeds for the county in which the real
property is located.
(4) (Blank). Order that, in cases where the party is 90
days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days
obligation or more, the party's Illinois driving
privileges be suspended until the court determines that the

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party is in compliance with the judgment or duty of
support. The court may also order that the parent be issued
a family financial responsibility driving permit that
would allow limited driving privileges for employment and
medical purposes in accordance with Section 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit court shall
certify the order suspending the driving privileges of the
parent or granting the issuance of a family financial
responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the
authenticated documents, the Secretary of State shall
suspend the party's driving privileges until further order
of the court and shall, if ordered by the court and subject
to the provisions of Section 7-702.1 of the Illinois
Vehicle Code, issue a family financial responsibility
driving permit to the parent.
In addition to the penalties or punishment that may be
imposed under this Section, a person whose conduct constitutes
a violation of Section 15 of the Non-Support Punishment Act may
be prosecuted under that Act, and a person convicted under that
Act may be sentenced in accordance with that Act. The sentence
may include, but need not be limited to, a requirement that the
person perform community service under Section 50 of that Act
or participate in a work alternative program under Section 50
of that Act. A person may not be required to participate in a
work alternative program under Section 50 of the Non-Support

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Punishment Act if the person is currently participating in a
work program under Section 806 of this Act.
(c) In a post-judgment proceeding to enforce or modify the
judgment, the parties shall continue to be designated as in the
original proceeding.
(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)
(625 ILCS 5/Ch. 7 Art. VII rep.)
Section 35. The Illinois Vehicle Code is amended by
repealing Article VII of Chapter 7.