Bill Text: IL HB2494 | 2019-2020 | 101st General Assembly | Introduced
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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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | |||||||||||||||||||||||||||||||||||||
5 | changing Section 10-17.6 as follows:
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6 | (305 ILCS 5/10-17.6) (from Ch. 23, par. 10-17.6)
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7 | Sec. 10-17.6. Certification of
Information to Licensing | |||||||||||||||||||||||||||||||||||||
8 | Agencies. | |||||||||||||||||||||||||||||||||||||
9 | (a) The
Illinois Department may provide by rule for | |||||||||||||||||||||||||||||||||||||
10 | certification to any State
licensing agency to suspend, revoke, | |||||||||||||||||||||||||||||||||||||
11 | or deny issuance or renewal of licenses because of (i) the | |||||||||||||||||||||||||||||||||||||
12 | failure of responsible relatives to comply with subpoenas or | |||||||||||||||||||||||||||||||||||||
13 | warrants relating to paternity or child support proceedings and | |||||||||||||||||||||||||||||||||||||
14 | (ii) past due support owed by responsible relatives under a
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15 | support order entered by a court or administrative body of this | |||||||||||||||||||||||||||||||||||||
16 | or any
other State on behalf of resident or non-resident | |||||||||||||||||||||||||||||||||||||
17 | persons receiving child support enforcement services under | |||||||||||||||||||||||||||||||||||||
18 | Title IV, Part D of the Social Security Act. The rule shall
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19 | provide for notice to and an opportunity to be heard by each | |||||||||||||||||||||||||||||||||||||
20 | responsible
relative affected and any final administrative | |||||||||||||||||||||||||||||||||||||
21 | decision rendered by the
Department shall be reviewed only | |||||||||||||||||||||||||||||||||||||
22 | under and in accordance with the
Administrative Review Law.
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23 | (b) The Illinois Department may provide by rule for |
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1 | directing the Secretary of State to issue family financial
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2 | responsibility driving permits upon petition of responsible | ||||||
3 | relatives whose driver's licenses have been suspended in | ||||||
4 | accordance with subsection (b) of Section 7-702.1 of the | ||||||
5 | Illinois Vehicle Code. Any final administrative decisions | ||||||
6 | rendered by the Department upon such petitions shall be | ||||||
7 | reviewable only under and in accordance with the
Administrative | ||||||
8 | Review Law. | ||||||
9 | (Source: P.A. 95-685, eff. 10-23-07; 96-1284, eff. 1-1-11.)
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10 | Section 10. The Illinois Vehicle Code is amended by | ||||||
11 | changing Sections 6-118, 6-201, and 6-303 as follows:
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12 | (625 ILCS 5/6-118)
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13 | Sec. 6-118. Fees. | ||||||
14 | (a) The fees fee for licenses and permits under this
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15 | Article are is as follows: | ||||||
16 | Original driver's license .............................$30 | ||||||
17 | Original or renewal driver's license | ||||||
18 | issued to 18, 19 and 20 year olds .................. 5 | ||||||
19 | All driver's licenses for persons | ||||||
20 | age 69 through age 80 .............................. 5 | ||||||
21 | All driver's licenses for persons | ||||||
22 | age 81 through age 86 .............................. 2 | ||||||
23 | All driver's licenses for persons | ||||||
24 | age 87 or older .....................................0 |
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1 | Renewal driver's license (except for | ||||||
2 | applicants ages 18, 19 and 20 or | ||||||
3 | age 69 and older) ..................................30 | ||||||
4 | Original instruction permit issued to | ||||||
5 | persons (except those age 69 and older) | ||||||
6 | who do not hold or have not previously | ||||||
7 | held an Illinois instruction permit or | ||||||
8 | driver's license .................................. 20 | ||||||
9 | Instruction permit issued to any person | ||||||
10 | holding an Illinois driver's license | ||||||
11 | who wishes a change in classifications, | ||||||
12 | other than at the time of renewal .................. 5 | ||||||
13 | Any instruction permit issued to a person | ||||||
14 | age 69 and older ................................... 5 | ||||||
15 | Instruction permit issued to any person, | ||||||
16 | under age 69, not currently holding a | ||||||
17 | valid Illinois driver's license or | ||||||
18 | instruction permit but who has | ||||||
19 | previously been issued either document | ||||||
20 | in Illinois ....................................... 10 | ||||||
21 | Restricted driving permit .............................. 8 | ||||||
22 | Monitoring device driving permit ...................... 8 | ||||||
23 | Duplicate or corrected driver's license | ||||||
24 | or permit .......................................... 5 | ||||||
25 | Duplicate or corrected restricted | ||||||
26 | driving permit ..................................... 5 |
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1 | Duplicate or corrected monitoring | ||||||
2 | device driving permit .................................. 5 | ||||||
3 | Duplicate driver's license or permit issued to | ||||||
4 | an active-duty member of the | ||||||
5 | United States Armed Forces, | ||||||
6 | the member's spouse, or | ||||||
7 | the dependent children living | ||||||
8 | with the member ................................... 0 | ||||||
9 | Original or renewal M or L endorsement ................. 5 | ||||||
10 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||||||
11 | The fees for commercial driver licenses and permits | ||||||
12 | under Article V
shall be as follows: | ||||||
13 | Commercial driver's license: | ||||||
14 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||||||
15 | (Commercial Driver's License Information | ||||||
16 | System/American Association of Motor Vehicle | ||||||
17 | Administrators network/National Motor Vehicle | ||||||
18 | Title Information Service Trust Fund); | ||||||
19 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
20 | $10 for the driver's license; | ||||||
21 | and $24 for the CDL: ............................. $60 | ||||||
22 | Renewal commercial driver's license: | ||||||
23 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
24 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
25 | $10 for the driver's license; and | ||||||
26 | $24 for the CDL: ................................. $60 |
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1 | Commercial learner's permit | ||||||
2 | issued to any person holding a valid | ||||||
3 | Illinois driver's license for the | ||||||
4 | purpose of changing to a | ||||||
5 | CDL classification: $6 for the | ||||||
6 | CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
7 | $20 for the Motor Carrier | ||||||
8 | Safety Inspection Fund; and | ||||||
9 | $24 for the CDL classification ................... $50 | ||||||
10 | Commercial learner's permit | ||||||
11 | issued to any person holding a valid | ||||||
12 | Illinois CDL for the purpose of | ||||||
13 | making a change in a classification, | ||||||
14 | endorsement or restriction ........................ $5 | ||||||
15 | CDL duplicate or corrected license .................... $5 | ||||||
16 | In order to ensure the proper implementation of the Uniform | ||||||
17 | Commercial
Driver License Act, Article V of this Chapter, the | ||||||
18 | Secretary of State is
empowered to prorate pro-rate the $24 fee | ||||||
19 | for the commercial driver's license
proportionate to the | ||||||
20 | expiration date of the applicant's Illinois driver's
license. | ||||||
21 | The fee for any duplicate license or permit shall be waived | ||||||
22 | for any
person who presents the Secretary of State's office | ||||||
23 | with a
police report showing that his license or permit was | ||||||
24 | stolen. | ||||||
25 | The fee for any duplicate license or permit shall be waived | ||||||
26 | for any
person age 60 or older whose driver's license or permit |
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1 | has been lost or stolen. | ||||||
2 | No additional fee shall be charged for a driver's license, | ||||||
3 | or for a
commercial driver's license, when issued
to the holder | ||||||
4 | of an instruction permit for the same classification or
type of | ||||||
5 | license who becomes eligible for such
license. | ||||||
6 | The fee for a restricted driving permit under this | ||||||
7 | subsection (a) shall be imposed annually until the expiration | ||||||
8 | of the permit. | ||||||
9 | (a-5) The fee for a driver's record or data contained | ||||||
10 | therein is $12. | ||||||
11 | (b) Any person whose license or privilege to operate a | ||||||
12 | motor vehicle
in this State has been suspended or revoked under | ||||||
13 | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||||||
14 | Section 7-205 or , 7-303 , or 7-702 of the Family
Financial
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15 | Responsibility Law of this Code, shall in addition to any other
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16 | fees required by this Code, pay a reinstatement fee as follows: | ||||||
17 | Suspension under Section 3-707 .....................
$100
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18 | Suspension under Section 11-1431 ....................$100 | ||||||
19 | Summary suspension under Section 11-501.1 ...........$250
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20 | Suspension under Section 11-501.9 ...................$250 | ||||||
21 | Summary revocation under Section 11-501.1 ............$500 | ||||||
22 | Other suspension ......................................$70 | ||||||
23 | Revocation ...........................................$500 | ||||||
24 | Any However, any person whose license or privilege to | ||||||
25 | operate a motor vehicle
in this State has been suspended or | ||||||
26 | revoked for a second or subsequent time
for a violation of |
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1 | Section 11-501, 11-501.1, or 11-501.9
of this Code or a similar | ||||||
2 | provision of a local ordinance
or a similar out-of-state | ||||||
3 | offense
or Section 9-3 of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012
and each suspension or revocation was for | ||||||
5 | a violation of Section 11-501,
11-501.1, or 11-501.9 of this | ||||||
6 | Code or a similar provision of a local ordinance
or a similar | ||||||
7 | out-of-state offense
or Section
9-3 of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012
shall pay, in addition to any | ||||||
9 | other
fees required by this Code, a
reinstatement
fee as | ||||||
10 | follows: | ||||||
11 | Summary suspension under Section 11-501.1 ............$500 | ||||||
12 | Suspension under Section 11-501.9 ...................$500 | ||||||
13 | Summary revocation under Section 11-501.1 ............$500 | ||||||
14 | Revocation ...........................................$500 | ||||||
15 | (c) All fees collected under the provisions of this Chapter | ||||||
16 | 6 shall be disbursed under subsection (g) of Section 2-119 of | ||||||
17 | this Code,
except as follows: | ||||||
18 | 1. The following amounts shall be paid into the Drivers | ||||||
19 | Education Fund: | ||||||
20 | (A) $16 of the $20
fee for an original driver's | ||||||
21 | instruction permit; | ||||||
22 | (B) $5 of the $30 fee for an original driver's | ||||||
23 | license; | ||||||
24 | (C) $5 of the $30 fee for a 4 year renewal driver's | ||||||
25 | license;
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26 | (D) $4 of the $8 fee for a restricted driving |
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1 | permit; and | ||||||
2 | (E) $4 of the $8 fee for a monitoring device | ||||||
3 | driving permit. | ||||||
4 | 2. $30 of the $250 fee for reinstatement of a
license
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5 | summarily suspended under Section 11-501.1 or suspended | ||||||
6 | under Section 11-501.9 shall be deposited into the
Drunk | ||||||
7 | and Drugged Driving Prevention Fund.
However, for a person | ||||||
8 | whose license or privilege to operate a motor vehicle
in | ||||||
9 | this State has been suspended or revoked for a second or | ||||||
10 | subsequent time for
a violation of Section 11-501, | ||||||
11 | 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
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12 | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | ||||||
13 | the $500 fee for reinstatement of a license summarily
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14 | suspended under
Section 11-501.1 or suspended under | ||||||
15 | Section 11-501.9,
and $190 of the $500 fee for | ||||||
16 | reinstatement of a revoked license
shall be deposited into | ||||||
17 | the Drunk and Drugged Driving Prevention Fund. $190 of the | ||||||
18 | $500 fee for reinstatement of a license summarily revoked | ||||||
19 | pursuant to Section 11-501.1 shall be deposited into the | ||||||
20 | Drunk and Drugged Driving Prevention Fund. | ||||||
21 | 3. $6 of the original or renewal fee for a commercial | ||||||
22 | driver's
license and $6 of the commercial learner's permit | ||||||
23 | fee when the
permit is issued to any person holding a valid | ||||||
24 | Illinois driver's license,
shall be paid into the | ||||||
25 | CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||||||
26 | 4. $30 of the $70 fee for reinstatement of a license |
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1 | suspended
under the
Family
Financial Responsibility Law | ||||||
2 | shall be paid into the Family Responsibility
Fund. | ||||||
3 | 5. The $5 fee for each original or renewal M or L | ||||||
4 | endorsement shall be
deposited into the Cycle Rider Safety | ||||||
5 | Training Fund. | ||||||
6 | 6. $20 of any original or renewal fee for a commercial | ||||||
7 | driver's
license or commercial learner's permit shall be | ||||||
8 | paid into the Motor
Carrier Safety Inspection Fund. | ||||||
9 | 7. The following amounts shall be paid into the General | ||||||
10 | Revenue Fund: | ||||||
11 | (A) $190 of the $250 reinstatement fee for a | ||||||
12 | summary suspension under
Section 11-501.1 or a | ||||||
13 | suspension under Section 11-501.9; | ||||||
14 | (B) $40 of the $70 reinstatement fee for any other | ||||||
15 | suspension provided
in subsection (b) of this Section; | ||||||
16 | and | ||||||
17 | (C) $440 of the $500 reinstatement fee for a first | ||||||
18 | offense revocation
and $310 of the $500 reinstatement | ||||||
19 | fee for a second or subsequent revocation. | ||||||
20 | 8. Fees collected under paragraph (4) of subsection (d) | ||||||
21 | and subsection (h) of Section 6-205 of this Code; | ||||||
22 | subparagraph (C) of paragraph 3 of subsection (c) of | ||||||
23 | Section 6-206 of this Code; and paragraph (4) of subsection | ||||||
24 | (a) of Section 6-206.1 of this Code, shall be paid into the | ||||||
25 | funds set forth in those Sections. | ||||||
26 | (d) All of the proceeds of the additional fees imposed by |
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1 | this amendatory Act of the 96th General Assembly shall be | ||||||
2 | deposited into the Capital Projects Fund. | ||||||
3 | (e) The additional fees imposed by this amendatory Act of | ||||||
4 | the 96th General Assembly shall become effective 90 days after | ||||||
5 | becoming law. | ||||||
6 | (f) As used in this Section, "active-duty member of the | ||||||
7 | United States Armed Forces" means a member of the Armed | ||||||
8 | Services or Reserve Forces of the United States or a member of | ||||||
9 | the Illinois National Guard who is called to active duty | ||||||
10 | pursuant to an executive order of the President of the United | ||||||
11 | States, an act of the Congress of the United States, or an | ||||||
12 | order of the Governor. | ||||||
13 | (Source: P.A. 99-127, eff. 1-1-16; 99-438, eff. 1-1-16; 99-642, | ||||||
14 | eff. 7-28-16; 99-933, eff. 1-27-17; 100-590, eff. 6-8-18; | ||||||
15 | 100-803, eff. 1-1-19; revised 10-24-18.)
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16 | (625 ILCS 5/6-201)
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17 | Sec. 6-201. Authority to cancel licenses and permits.
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18 | (a) The Secretary of State is authorized to cancel any | ||||||
19 | license or permit
upon determining that the holder thereof:
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20 | 1. was not entitled to the issuance thereof hereunder; | ||||||
21 | or
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22 | 2. failed to give the required or correct information | ||||||
23 | in his
application; or
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24 | 3. failed to pay any fees, civil penalties owed to the | ||||||
25 | Illinois Commerce
Commission, or taxes due under this Act |
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1 | and upon reasonable notice and demand;
or
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2 | 4. committed any fraud in the making of such | ||||||
3 | application; or
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4 | 5. is ineligible therefor under the provisions of | ||||||
5 | Section 6-103 of this
Act, as amended; or
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6 | 6. has refused or neglected to submit an alcohol, drug, | ||||||
7 | and
intoxicating compound evaluation or to
submit to | ||||||
8 | examination or re-examination as required under this Act; | ||||||
9 | or
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10 | 7. has been convicted of violating the Cannabis Control | ||||||
11 | Act,
the
Illinois Controlled Substances Act, the | ||||||
12 | Methamphetamine Control and Community Protection Act, or | ||||||
13 | the Use of Intoxicating Compounds
Act while that individual | ||||||
14 | was in actual physical
control of a motor vehicle. For | ||||||
15 | purposes of this Section, any person placed on
probation | ||||||
16 | under Section 10 of the Cannabis Control Act, Section 410 | ||||||
17 | of the
Illinois Controlled Substances Act, or Section 70 of | ||||||
18 | the Methamphetamine Control and Community Protection Act | ||||||
19 | shall not be considered convicted. Any
person found guilty | ||||||
20 | of this offense, while in actual physical control of a
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21 | motor vehicle, shall have an entry made in the court record | ||||||
22 | by the
judge that this offense did occur while the person | ||||||
23 | was in actual
physical control of a motor vehicle and order | ||||||
24 | the clerk of the court to report
the violation to the | ||||||
25 | Secretary of State as such. After the cancellation, the
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26 | Secretary of State shall not issue a new license or permit |
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1 | for a period of one
year after the date of cancellation. | ||||||
2 | However, upon application, the Secretary
of State may, if | ||||||
3 | satisfied that the person applying will not endanger the
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4 | public safety, or welfare, issue a restricted driving | ||||||
5 | permit granting the
privilege of driving a motor vehicle | ||||||
6 | between the petitioner's residence and
petitioner's place | ||||||
7 | of employment or within the scope of the petitioner's | ||||||
8 | employment
related duties, or to allow transportation for
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9 | the petitioner or a household member of the petitioner's | ||||||
10 | family for the receipt of
necessary medical care, or | ||||||
11 | provide transportation for the petitioner to and from | ||||||
12 | alcohol or drug remedial or
rehabilitative activity | ||||||
13 | recommended by a licensed service provider, or for the | ||||||
14 | petitioner to attend classes, as a student,
in an | ||||||
15 | accredited educational institution. The petitioner must
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16 | demonstrate that no alternative means of transportation is | ||||||
17 | reasonably
available; provided that the Secretary's | ||||||
18 | discretion shall be limited to
cases where undue hardship, | ||||||
19 | as defined by the rules of the Secretary of State, would | ||||||
20 | result from a failure to issue such
restricted driving | ||||||
21 | permit. In each case the Secretary of State may issue
such | ||||||
22 | restricted driving permit for such period as he deems | ||||||
23 | appropriate,
except that such permit shall expire no later | ||||||
24 | than 2 years from the date of
issuance. A restricted | ||||||
25 | driving permit issued hereunder shall be subject to
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26 | cancellation, revocation and suspension by the Secretary |
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1 | of State in like
manner and for like cause as a driver's | ||||||
2 | license issued hereunder may be
cancelled, revoked or | ||||||
3 | suspended; except that a conviction upon one or more
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4 | offenses against laws or ordinances regulating the | ||||||
5 | movement of traffic
shall be deemed sufficient cause for | ||||||
6 | the revocation, suspension or
cancellation of a restricted | ||||||
7 | driving permit. The Secretary of State may,
as a condition | ||||||
8 | to the issuance of a restricted driving permit, require the
| ||||||
9 | applicant to participate in a driver remedial or | ||||||
10 | rehabilitative
program. In accordance with 49 C.F.R. 384, | ||||||
11 | the Secretary of State may not issue a restricted driving | ||||||
12 | permit for the operation of a commercial motor vehicle to a | ||||||
13 | person holding a CDL whose driving privileges have been | ||||||
14 | revoked, suspended, cancelled, or disqualified under this | ||||||
15 | Code; or
| ||||||
16 | 8. failed to submit a report as required by Section | ||||||
17 | 6-116.5 of this
Code; or
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18 | 9. has been convicted of a sex offense as defined in | ||||||
19 | the Sex Offender Registration Act. The driver's license | ||||||
20 | shall remain cancelled until the driver registers as a sex | ||||||
21 | offender as required by the Sex Offender Registration Act, | ||||||
22 | proof of the registration is furnished to the Secretary of | ||||||
23 | State and the sex offender provides proof of current | ||||||
24 | address to the Secretary; or
| ||||||
25 | 10. is ineligible for a license or permit under Section | ||||||
26 | 6-107, 6-107.1, or
6-108 of this Code; or
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1 | 11. refused or neglected to appear at a Driver Services | ||||||
2 | facility to have the license or permit corrected and a new | ||||||
3 | license or permit issued or to present documentation for | ||||||
4 | verification of identity; or
| ||||||
5 | 12. failed to submit a medical examiner's certificate | ||||||
6 | or medical variance as required by 49 C.F.R. 383.71 or | ||||||
7 | submitted a fraudulent medical examiner's certificate or | ||||||
8 | medical variance; or | ||||||
9 | 13. has had his or her medical examiner's certificate, | ||||||
10 | medical variance, or both removed or rescinded by the | ||||||
11 | Federal Motor Carrier Safety Administration; or | ||||||
12 | 14. failed to self-certify as to the type of driving in | ||||||
13 | which the CDL driver engages or expects to engage; or | ||||||
14 | 15. has submitted acceptable documentation indicating | ||||||
15 | out-of-state residency to the Secretary of State to be | ||||||
16 | released from the requirement of showing proof of financial | ||||||
17 | responsibility in this State; or | ||||||
18 | 16. was convicted of fraud relating to the testing or | ||||||
19 | issuance of a CDL or CLP, in which case only the CDL or CLP | ||||||
20 | shall be cancelled. After cancellation, the Secretary | ||||||
21 | shall not issue a CLP or CDL for a period of one year from | ||||||
22 | the date of cancellation; or | ||||||
23 | 17. has a special restricted license under subsection | ||||||
24 | (g) of Section 6-113 of this Code and failed to submit the | ||||||
25 | required annual vision specialist report that the special | ||||||
26 | restricted license holder's vision has not changed; or |
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1 | 18. has a special restricted license under subsection | ||||||
2 | (g) of Section 6-113 of this Code and was convicted or | ||||||
3 | received court supervision for a violation of this Code | ||||||
4 | that occurred during nighttime hours or was involved in a | ||||||
5 | motor vehicle accident during nighttime hours in which the | ||||||
6 | restricted license holder was at fault; or | ||||||
7 | 19. has assisted an out-of-state resident in acquiring | ||||||
8 | an Illinois driver's license or identification card by | ||||||
9 | providing or allowing the out-of-state resident to use his | ||||||
10 | or her Illinois address of residence and is complicit in | ||||||
11 | distributing and forwarding the Illinois driver's license | ||||||
12 | or identification card to the out-of-state resident. | ||||||
13 | (b) Upon such cancellation the licensee or permittee must | ||||||
14 | surrender the
license or permit so cancelled to the Secretary | ||||||
15 | of State.
| ||||||
16 | (c) Except as provided in Section Sections 6-206.1 , and | ||||||
17 | 7-702.1,
the Secretary of State
shall have exclusive authority | ||||||
18 | to grant, issue, deny, cancel, suspend and
revoke driving | ||||||
19 | privileges, drivers' licenses and restricted driving permits.
| ||||||
20 | (d) The Secretary of State may adopt rules to implement | ||||||
21 | this Section.
| ||||||
22 | (Source: P.A. 100-409, eff. 8-25-17; 100-803, eff. 1-1-19 .)
| ||||||
23 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||||||
24 | Sec. 6-303. Driving while driver's license, permit , or | ||||||
25 | privilege to
operate a motor vehicle is suspended or revoked.
|
| |||||||
| |||||||
1 | (a) Except as otherwise provided in subsection (a-5) or | ||||||
2 | (a-7), any person who drives or is in actual physical control | ||||||
3 | of a motor
vehicle on any highway of this State at a time when | ||||||
4 | such person's driver's
license, permit , or privilege to do so | ||||||
5 | or the privilege to obtain a driver's
license or permit is | ||||||
6 | revoked or suspended as provided by this Code or the law
of | ||||||
7 | another state, except as may be specifically allowed by a | ||||||
8 | judicial driving
permit issued prior to January 1, 2009, | ||||||
9 | monitoring device driving permit, family financial | ||||||
10 | responsibility driving permit, probationary
license to drive, | ||||||
11 | or a restricted driving permit issued pursuant to this Code
or | ||||||
12 | under the law of another state, shall be guilty of a Class A | ||||||
13 | misdemeanor.
| ||||||
14 | (a-3) A second or subsequent violation of subsection (a) of | ||||||
15 | this Section is a Class 4 felony if committed by a person whose | ||||||
16 | driving or operation of a motor vehicle is the proximate cause | ||||||
17 | of a motor vehicle accident that causes personal injury or | ||||||
18 | death to another. For purposes of this subsection, a personal | ||||||
19 | injury includes any Type A injury as indicated on the traffic | ||||||
20 | accident report completed by a law enforcement officer that | ||||||
21 | requires immediate professional attention in either a doctor's | ||||||
22 | office or a medical facility. A Type A injury includes severe | ||||||
23 | bleeding wounds, distorted extremities, and injuries that | ||||||
24 | require the injured party to be carried from the scene. | ||||||
25 | (a-5) Any person who violates this Section as provided in | ||||||
26 | subsection (a) while his or her driver's license, permit , or |
| |||||||
| |||||||
1 | privilege is revoked because of a violation of Section 9-3 of | ||||||
2 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
3 | relating to the offense of reckless homicide, or a violation of | ||||||
4 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
5 | 11-501 of this Code, relating to the offense of aggravated | ||||||
6 | driving under the influence of alcohol, other drug or drugs, or | ||||||
7 | intoxicating compound or compounds, or any combination thereof | ||||||
8 | when the violation was a proximate cause of a death, or a | ||||||
9 | similar provision of a law of another state, is guilty of a | ||||||
10 | Class 4 felony. The person shall be required to undergo a | ||||||
11 | professional evaluation, as provided in Section 11-501 of this | ||||||
12 | Code, to determine if an alcohol, drug, or intoxicating | ||||||
13 | compound problem exists and the extent of the problem, and to | ||||||
14 | undergo the imposition of treatment as appropriate.
| ||||||
15 | (a-7) Any person who violates this Section as provided in | ||||||
16 | subsection (a) while his or her driver's license or privilege | ||||||
17 | to drive is suspended under Section 6-306.5 or 7-702 of this | ||||||
18 | Code shall receive a Uniform Traffic Citation from the law | ||||||
19 | enforcement officer. A person who receives 3 or more Uniform | ||||||
20 | Traffic Citations under this subsection (a-7) without paying | ||||||
21 | any fees associated with the citations shall be guilty of a | ||||||
22 | Class A misdemeanor. | ||||||
23 | (a-10) A person's driver's license, permit, or privilege to | ||||||
24 | obtain a driver's license or permit may be subject to multiple | ||||||
25 | revocations, multiple suspensions, or any combination of both | ||||||
26 | simultaneously. No revocation or suspension shall serve to |
| |||||||
| |||||||
1 | negate, invalidate, cancel, postpone, or in any way lessen the | ||||||
2 | effect of any other revocation or suspension entered prior or | ||||||
3 | subsequent to any other revocation or suspension. | ||||||
4 | (b) (Blank). | ||||||
5 | (b-1) Except for a person under subsection (a-7) of this | ||||||
6 | Section, upon receiving a report of the conviction of any | ||||||
7 | violation indicating a person was operating a motor vehicle | ||||||
8 | during the time when the person's driver's license, permit , or | ||||||
9 | privilege was suspended by the Secretary of State or the | ||||||
10 | driver's licensing administrator of another state, except as | ||||||
11 | specifically allowed by a probationary license, judicial | ||||||
12 | driving permit, restricted driving permit , or monitoring | ||||||
13 | device driving permit , the Secretary shall extend the | ||||||
14 | suspension for the same period of time as the originally | ||||||
15 | imposed suspension unless the suspension has already expired, | ||||||
16 | in which case the Secretary shall be authorized to suspend the | ||||||
17 | person's driving privileges for the same period of time as the | ||||||
18 | originally imposed suspension. | ||||||
19 | (b-2) Except as provided in subsection (b-6) or (a-7), upon | ||||||
20 | receiving a report of the conviction of any violation | ||||||
21 | indicating a person was operating a motor vehicle when the | ||||||
22 | person's driver's license, permit , or privilege was revoked by | ||||||
23 | the Secretary of State or the driver's license administrator of | ||||||
24 | any other state, except as specifically allowed by a restricted | ||||||
25 | driving permit issued pursuant to this Code or the law of | ||||||
26 | another state, the Secretary shall not issue a driver's license |
| |||||||
| |||||||
1 | for an additional period of one year from the date of such | ||||||
2 | conviction indicating such person was operating a vehicle | ||||||
3 | during such period of revocation. | ||||||
4 | (b-3) (Blank).
| ||||||
5 | (b-4) When the Secretary of State receives a report of a | ||||||
6 | conviction of any violation indicating a person was operating a | ||||||
7 | motor vehicle that was not equipped with an ignition interlock | ||||||
8 | device during a time when the person was prohibited from | ||||||
9 | operating a motor vehicle not equipped with such a device, the | ||||||
10 | Secretary shall not issue a driver's license to that person for | ||||||
11 | an additional period of one year from the date of the | ||||||
12 | conviction.
| ||||||
13 | (b-5) Any person convicted of violating this Section shall | ||||||
14 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
15 | 300
hours of community service
when the person's driving | ||||||
16 | privilege was revoked or suspended as a result of a violation | ||||||
17 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
18 | Code of 2012,
relating to the offense of reckless homicide, or | ||||||
19 | a violation of subparagraph (F) of paragraph (1) of subsection | ||||||
20 | (d) of Section 11-501 of this Code, relating to the offense of | ||||||
21 | aggravated driving under the influence of alcohol, other drug | ||||||
22 | or drugs, or intoxicating compound or compounds, or any | ||||||
23 | combination thereof when the violation was a proximate cause of | ||||||
24 | a death, or a similar provision of a law of another state.
The | ||||||
25 | court may give credit toward the fulfillment of community | ||||||
26 | service hours for participation in activities and treatment as |
| |||||||
| |||||||
1 | determined by court services. | ||||||
2 | (b-6) Upon receiving a report of a first conviction of | ||||||
3 | operating a motor vehicle while the person's driver's license, | ||||||
4 | permit , or privilege was revoked where the revocation was for a | ||||||
5 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012 relating to the offense of reckless | ||||||
7 | homicide, or a violation of subparagraph (F) of paragraph (1) | ||||||
8 | of subsection (d) of Section 11-501 of this Code, relating to | ||||||
9 | the offense of aggravated driving under the influence of | ||||||
10 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
11 | compounds, or any combination thereof when the violation was a | ||||||
12 | proximate cause of a death, or a similar out-of-state offense, | ||||||
13 | the Secretary shall not issue a driver's license for an | ||||||
14 | additional period of 3 three years from the date of such | ||||||
15 | conviction. | ||||||
16 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
17 | person convicted of violating this Section shall serve a | ||||||
18 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
19 | of community service
when the person's driving privilege was | ||||||
20 | revoked or suspended as a result of:
| ||||||
21 | (1) a violation of Section 11-501 of this Code or a | ||||||
22 | similar provision
of a local ordinance relating to the | ||||||
23 | offense of operating or being in physical
control of a | ||||||
24 | vehicle while under the influence of alcohol, any other | ||||||
25 | drug
or any combination thereof; or
| ||||||
26 | (2) a violation of paragraph (b) of Section 11-401 of |
| |||||||
| |||||||
1 | this Code or a
similar provision of a local ordinance | ||||||
2 | relating to the offense of leaving the
scene of a motor | ||||||
3 | vehicle accident involving personal injury or death; or
| ||||||
4 | (3)
a statutory summary suspension or revocation under | ||||||
5 | Section 11-501.1 of this
Code.
| ||||||
6 | Such sentence of imprisonment or community service shall | ||||||
7 | not be subject
to suspension in order to reduce such sentence.
| ||||||
8 | (c-1) Except as provided in subsections (a-7), (c-5), and | ||||||
9 | (d), any person convicted of a
second violation of this Section | ||||||
10 | shall be ordered by the court to serve a
minimum
of 100 hours | ||||||
11 | of community service. The court may give credit toward the | ||||||
12 | fulfillment of community service hours for participation in | ||||||
13 | activities and treatment as determined by court services.
| ||||||
14 | (c-2) In addition to other penalties imposed under this | ||||||
15 | Section, the
court may impose on any person convicted a fourth | ||||||
16 | time of violating this
Section any of
the following:
| ||||||
17 | (1) Seizure of the license plates of the person's | ||||||
18 | vehicle.
| ||||||
19 | (2) Immobilization of the person's vehicle for a period | ||||||
20 | of time
to be determined by the court.
| ||||||
21 | (c-3) Any person convicted of a violation of this Section | ||||||
22 | during a period of summary suspension imposed pursuant to | ||||||
23 | Section 11-501.1 when the person was eligible for a monitoring | ||||||
24 | device driving permit MDDP shall be guilty of a Class 4 felony | ||||||
25 | and shall serve a minimum term of imprisonment of 30 days. | ||||||
26 | (c-4) Any person who has been issued a monitoring device |
| |||||||
| |||||||
1 | driving permit MDDP or a restricted driving permit which | ||||||
2 | requires the person to operate only motor vehicles equipped | ||||||
3 | with an ignition interlock device and who is convicted of a | ||||||
4 | violation of this Section as a result of operating or being in | ||||||
5 | actual physical control of a motor vehicle not equipped with an | ||||||
6 | ignition interlock device at the time of the offense shall be | ||||||
7 | guilty of a Class 4 felony and shall serve a minimum term of | ||||||
8 | imprisonment of 30 days.
| ||||||
9 | (c-5) Any person convicted of a second violation of this
| ||||||
10 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
11 | probation or conditional discharge, and shall serve a mandatory | ||||||
12 | term of
imprisonment, if: | ||||||
13 | (1) the current violation occurred when the person's | ||||||
14 | driver's license was suspended or revoked for a violation | ||||||
15 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
16 | Code of 2012, relating
to the offense of reckless homicide, | ||||||
17 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
18 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
19 | the offense of aggravated driving under the influence of | ||||||
20 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
21 | compounds, or any combination thereof when the violation | ||||||
22 | was a proximate cause of a death, or a similar out-of-state | ||||||
23 | offense; and | ||||||
24 | (2) the prior conviction under this Section occurred | ||||||
25 | while the person's driver's license was suspended or | ||||||
26 | revoked for a violation of Section 9-3 of the Criminal Code |
| |||||||
| |||||||
1 | of 1961 or the Criminal Code of 2012 relating to the | ||||||
2 | offense of reckless homicide, or a violation of | ||||||
3 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
4 | Section 11-501 of this Code, relating to the offense of | ||||||
5 | aggravated driving under the influence of alcohol, other | ||||||
6 | drug or drugs, or intoxicating compound or compounds, or | ||||||
7 | any combination thereof when the violation was a proximate | ||||||
8 | cause of a death, or a similar out-of-state offense, or was | ||||||
9 | suspended or revoked for a violation of Section 11-401 or | ||||||
10 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
11 | similar provision of a local ordinance, or a statutory | ||||||
12 | summary suspension or revocation under Section 11-501.1 of | ||||||
13 | this Code.
| ||||||
14 | (d) Any person convicted of a second violation of this
| ||||||
15 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
16 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
17 | community service, as determined by the
court, if: | ||||||
18 | (1) the current violation occurred when the person's | ||||||
19 | driver's license was suspended or revoked for a violation | ||||||
20 | of Section 11-401 or 11-501 of this Code,
a similar | ||||||
21 | out-of-state offense, a similar provision of a local
| ||||||
22 | ordinance, or a
statutory summary suspension or revocation | ||||||
23 | under Section 11-501.1 of this Code; and | ||||||
24 | (2) the prior conviction under this Section occurred | ||||||
25 | while the person's driver's license was suspended or | ||||||
26 | revoked for a violation of Section 11-401 or 11-501 of this |
| |||||||
| |||||||
1 | Code, a similar out-of-state offense, a similar provision | ||||||
2 | of a local ordinance, or a statutory summary suspension or | ||||||
3 | revocation under Section 11-501.1 of this Code, or for a | ||||||
4 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
5 | the Criminal Code of 2012, relating to the offense of | ||||||
6 | reckless homicide, or a violation of subparagraph (F) of | ||||||
7 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
8 | Code, relating to the offense of aggravated driving under | ||||||
9 | the influence of alcohol, other drug or drugs, or | ||||||
10 | intoxicating compound or compounds, or any combination | ||||||
11 | thereof when the violation was a proximate cause of a | ||||||
12 | death, or a similar out-of-state offense.
| ||||||
13 | (3) The court may give credit toward the fulfillment of | ||||||
14 | community service hours for participation in activities and | ||||||
15 | treatment as determined by court services. | ||||||
16 | (d-1) Except as provided in subsections (a-7), (d-2), | ||||||
17 | (d-2.5), and (d-3), any
person convicted of
a third or | ||||||
18 | subsequent violation of this Section shall serve a minimum term | ||||||
19 | of
imprisonment of 30 days or 300 hours of community service, | ||||||
20 | as determined by the
court. The court may give credit toward | ||||||
21 | the fulfillment of community service hours for participation in | ||||||
22 | activities and treatment as determined by court services.
| ||||||
23 | (d-2) Any person convicted of a third violation of this
| ||||||
24 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
25 | term of
imprisonment of 30 days, if: | ||||||
26 | (1) the current violation occurred when the person's |
| |||||||
| |||||||
1 | driver's license was suspended or revoked for a violation | ||||||
2 | of Section 11-401 or 11-501 of this Code,
or a similar | ||||||
3 | out-of-state offense, or a similar provision of a local
| ||||||
4 | ordinance, or a
statutory summary suspension or revocation | ||||||
5 | under Section 11-501.1 of this Code; and | ||||||
6 | (2) the prior convictions under this Section occurred | ||||||
7 | while the person's driver's license was suspended or | ||||||
8 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
9 | Code, a similar out-of-state offense, a similar provision | ||||||
10 | of a local ordinance, or a statutory summary suspension or | ||||||
11 | revocation under Section 11-501.1 of this Code, or for a | ||||||
12 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
13 | the Criminal Code of 2012, relating to the offense of | ||||||
14 | reckless homicide, or a violation of subparagraph (F) of | ||||||
15 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
16 | Code, relating to the offense of aggravated driving under | ||||||
17 | the influence of alcohol, other drug or drugs, or | ||||||
18 | intoxicating compound or compounds, or any combination | ||||||
19 | thereof when the violation was a proximate cause of a | ||||||
20 | death, or a similar out-of-state offense.
| ||||||
21 | (d-2.5) Any person convicted of a third violation of this
| ||||||
22 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
23 | probation or conditional discharge, and must serve a mandatory | ||||||
24 | term of
imprisonment, if: | ||||||
25 | (1) the current violation occurred while the person's | ||||||
26 | driver's license was suspended or revoked for a violation |
| |||||||
| |||||||
1 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
2 | Code of 2012, relating to the offense of reckless homicide, | ||||||
3 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
4 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
5 | the offense of aggravated driving under the influence of | ||||||
6 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
7 | compounds, or any combination thereof when the violation | ||||||
8 | was a proximate cause of a death, or a similar out-of-state | ||||||
9 | offense.
The person's driving privileges shall be revoked | ||||||
10 | for the remainder of the person's life; and | ||||||
11 | (2) the prior convictions under this Section occurred | ||||||
12 | while the person's driver's license was suspended or | ||||||
13 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
14 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
15 | offense of reckless homicide, or a violation of | ||||||
16 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
17 | Section 11-501 of this Code, relating to the offense of | ||||||
18 | aggravated driving under the influence of alcohol, other | ||||||
19 | drug or drugs, or intoxicating compound or compounds, or | ||||||
20 | any combination thereof when the violation was a proximate | ||||||
21 | cause of a death, or a similar out-of-state offense, or was | ||||||
22 | suspended or revoked for a violation of Section 11-401 or | ||||||
23 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
24 | similar provision of a local ordinance, or a statutory | ||||||
25 | summary suspension or revocation under Section 11-501.1 of | ||||||
26 | this Code. |
| |||||||
| |||||||
1 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
2 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
3 | of a Class 4 felony and must serve a minimum term of
| ||||||
4 | imprisonment of 180 days, if: | ||||||
5 | (1) the current violation occurred when the person's | ||||||
6 | driver's license was suspended or revoked for a
violation | ||||||
7 | of Section 11-401 or 11-501 of this Code, a similar | ||||||
8 | out-of-state
offense, a similar provision of a local | ||||||
9 | ordinance, or a statutory
summary suspension or revocation | ||||||
10 | under Section 11-501.1 of this Code; and | ||||||
11 | (2) the prior convictions under this Section occurred | ||||||
12 | while the person's driver's license was suspended or | ||||||
13 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
14 | Code, a similar out-of-state offense, a similar provision | ||||||
15 | of a local ordinance, or a statutory summary suspension or | ||||||
16 | revocation under Section 11-501.1 of this Code, or for a | ||||||
17 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
18 | the Criminal Code of 2012, relating to the offense of | ||||||
19 | reckless homicide, or a violation of subparagraph (F) of | ||||||
20 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
21 | Code, relating to the offense of aggravated driving under | ||||||
22 | the influence of alcohol, other drug or drugs, or | ||||||
23 | intoxicating compound or compounds, or any combination | ||||||
24 | thereof when the violation was a proximate cause of a | ||||||
25 | death, or a similar out-of-state offense.
| ||||||
26 | (d-3.5) Any person convicted of a fourth or subsequent |
| |||||||
| |||||||
1 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
2 | eligible for probation or conditional discharge, and must serve | ||||||
3 | a mandatory term of
imprisonment, and is eligible for an | ||||||
4 | extended term, if: | ||||||
5 | (1) the current violation occurred when the person's | ||||||
6 | driver's license was suspended or revoked for a
violation | ||||||
7 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012, relating to the offense of reckless homicide, | ||||||
9 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
10 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
11 | the offense of aggravated driving under the influence of | ||||||
12 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
13 | compounds, or any combination thereof when the violation | ||||||
14 | was a proximate cause of a death, or a similar out-of-state | ||||||
15 | offense; and | ||||||
16 | (2) the prior convictions under this Section occurred | ||||||
17 | while the person's driver's license was suspended or | ||||||
18 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
19 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
20 | offense of reckless homicide, or a violation of | ||||||
21 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
22 | Section 11-501 of this Code, relating to the offense of | ||||||
23 | aggravated driving under the influence of alcohol, other | ||||||
24 | drug or drugs, or intoxicating compound or compounds, or | ||||||
25 | any combination thereof when the violation was a proximate | ||||||
26 | cause of a death, or a similar out-of-state offense, or was |
| |||||||
| |||||||
1 | suspended or revoked for a violation of Section 11-401 or | ||||||
2 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
3 | similar provision of a local ordinance, or a statutory | ||||||
4 | summary suspension or revocation under Section 11-501.1 of | ||||||
5 | this Code.
| ||||||
6 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
7 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
8 | of a Class 3 felony, and is not eligible for probation or | ||||||
9 | conditional discharge, if: | ||||||
10 | (1) the current violation occurred when the person's | ||||||
11 | driver's license was suspended or revoked for a violation | ||||||
12 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
13 | out-of-state offense, or a similar provision of a local | ||||||
14 | ordinance, or a statutory summary suspension or revocation | ||||||
15 | under Section 11-501.1 of this Code; and | ||||||
16 | (2) the prior convictions under this Section occurred | ||||||
17 | while the person's driver's license was suspended or | ||||||
18 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
19 | Code, a similar out-of-state offense, a similar provision | ||||||
20 | of a local ordinance, or a statutory suspension or | ||||||
21 | revocation under Section 11-501.1 of this Code, or for a | ||||||
22 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
23 | the Criminal Code of 2012, relating to the offense of | ||||||
24 | reckless homicide, or a violation of subparagraph (F) of | ||||||
25 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
26 | Code, relating to the offense of aggravated driving under |
| |||||||
| |||||||
1 | the influence of alcohol, other drug or drugs, or | ||||||
2 | intoxicating compound or compounds, or any combination | ||||||
3 | thereof when the violation was a proximate cause of a | ||||||
4 | death, or a similar out-of-state offense. | ||||||
5 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
6 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
7 | not eligible for probation or conditional discharge, if: | ||||||
8 | (1) the current violation occurred when the person's | ||||||
9 | driver's license was suspended or revoked for a violation | ||||||
10 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
11 | out-of-state offense, or a similar provision of a local | ||||||
12 | ordinance, or a statutory summary suspension or revocation | ||||||
13 | under Section 11-501.1 of this Code; and | ||||||
14 | (2) the prior convictions under this Section occurred | ||||||
15 | while the person's driver's license was suspended or | ||||||
16 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
17 | Code, a similar out-of-state offense, a similar provision | ||||||
18 | of a local ordinance, or a statutory summary suspension or | ||||||
19 | revocation under Section 11-501.1 of this Code, or for a | ||||||
20 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
21 | the Criminal Code of 2012, relating to the offense of | ||||||
22 | reckless homicide, or a violation of subparagraph (F) of | ||||||
23 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
24 | Code, relating to the offense of aggravated driving under | ||||||
25 | the influence of alcohol, other drug or drugs, or | ||||||
26 | intoxicating compound or compounds, or any combination |
| |||||||
| |||||||
1 | thereof when the violation was a proximate cause of a | ||||||
2 | death, or a similar out-of-state offense.
| ||||||
3 | (e) Any person in violation of this Section who is also in | ||||||
4 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
5 | insurance requirements, in
addition to other penalties imposed | ||||||
6 | under this Section, shall have his or her
motor vehicle | ||||||
7 | immediately impounded by the arresting law enforcement | ||||||
8 | officer.
The motor vehicle may be released to any licensed | ||||||
9 | driver upon a showing of
proof of insurance for the vehicle | ||||||
10 | that was impounded and the notarized written
consent for the | ||||||
11 | release by the vehicle owner.
| ||||||
12 | (f) For any prosecution under this Section, a certified | ||||||
13 | copy of the
driving abstract of the defendant shall be admitted | ||||||
14 | as proof of any prior
conviction.
| ||||||
15 | (g) The motor vehicle used in a violation of this Section | ||||||
16 | is subject
to seizure and forfeiture as provided in Sections | ||||||
17 | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | ||||||
18 | driving privilege was revoked
or suspended as a result of: | ||||||
19 | (1) a violation of Section 11-501 of this Code, a | ||||||
20 | similar provision
of a local ordinance, or a similar | ||||||
21 | provision of a law of another state; | ||||||
22 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
23 | this Code, a
similar provision of a local ordinance, or a | ||||||
24 | similar provision of a law of another state; | ||||||
25 | (3) a statutory summary suspension or revocation under | ||||||
26 | Section 11-501.1 of this
Code or a similar provision of a |
| |||||||
| |||||||
1 | law of another state; or | ||||||
2 | (4) a violation of Section 9-3 of the Criminal Code of | ||||||
3 | 1961 or the Criminal Code of 2012 relating to the offense | ||||||
4 | of reckless homicide, or a violation of subparagraph (F) of | ||||||
5 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
6 | Code, relating to the offense of aggravated driving under | ||||||
7 | the influence of alcohol, other drug or drugs, or | ||||||
8 | intoxicating compound or compounds, or any combination | ||||||
9 | thereof when the violation was a proximate cause of a | ||||||
10 | death, or a similar provision of a law of another state.
| ||||||
11 | (Source: P.A. 99-290, eff. 1-1-16; 100-149, eff. 1-1-18; | ||||||
12 | 100-575, eff. 1-8-18; 100-1004, eff. 1-1-19; revised | ||||||
13 | 10-22-18.)
| ||||||
14 | Section 15. The Clerks of Courts Act is amended by changing | ||||||
15 | Section 27.1b as follows:
| ||||||
16 | (705 ILCS 105/27.1b) | ||||||
17 | (This Section may contain text from a Public Act with a | ||||||
18 | delayed effective date ) | ||||||
19 | (Section scheduled to be repealed on January 1, 2021) | ||||||
20 | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | ||||||
21 | other provision of law, all fees charged by the clerks of the | ||||||
22 | circuit court for the services described in this Section shall | ||||||
23 | be established, collected, and disbursed in accordance with | ||||||
24 | this Section. Except as otherwise specified in this Section, |
| |||||||
| |||||||
1 | all fees under this Section shall be paid in advance and | ||||||
2 | disbursed by each clerk on a monthly basis. In a county with a | ||||||
3 | population of over 3,000,000, units of local government and | ||||||
4 | school districts shall not be required to pay fees under this | ||||||
5 | Section in advance and the clerk shall instead send an itemized | ||||||
6 | bill to the unit of local government or school district, within | ||||||
7 | 30 days of the fee being incurred, and the unit of local | ||||||
8 | government or school district shall be allowed at least 30 days | ||||||
9 | from the date of the itemized bill to pay; these payments shall | ||||||
10 | be disbursed by each clerk on a monthly basis. Unless otherwise | ||||||
11 | specified in this Section, the amount of a fee shall be | ||||||
12 | determined by ordinance or resolution of the county board and | ||||||
13 | remitted to the county treasurer to be used for purposes | ||||||
14 | related to the operation of the court system in the county. In | ||||||
15 | a county with population of over 3,000,000, any amount retained | ||||||
16 | by the clerk of the circuit court or remitted to the county | ||||||
17 | treasurer shall be subject to appropriation by the county | ||||||
18 | board. | ||||||
19 | (a) Civil cases. The fee for filing a complaint, petition, | ||||||
20 | or other pleading initiating a civil action shall be as set | ||||||
21 | forth in the applicable schedule under this subsection in | ||||||
22 | accordance with case categories established by the Supreme | ||||||
23 | Court in schedules. | ||||||
24 | (1) SCHEDULE 1: not to exceed a total of $366 in a | ||||||
25 | county with a population of 3,000,000 or more and not to | ||||||
26 | exceed $316 in any other county, except as applied to units |
| |||||||
| |||||||
1 | of local government and school districts in counties with | ||||||
2 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
3 | $190 through December 31, 2021 and $184 on and after | ||||||
4 | January 1, 2022. The fees collected under this schedule | ||||||
5 | shall be disbursed as follows: | ||||||
6 | (A) The clerk shall retain a sum, in an amount not | ||||||
7 | to exceed $55 in a county with a population of | ||||||
8 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
9 | any other county determined by the clerk with the | ||||||
10 | approval of the Supreme Court, to be used for court | ||||||
11 | automation, court document storage, and administrative | ||||||
12 | purposes. | ||||||
13 | (B) The clerk shall remit up to $21 to the State | ||||||
14 | Treasurer. The State Treasurer shall deposit the | ||||||
15 | appropriate amounts, in accordance with the clerk's | ||||||
16 | instructions, as follows: | ||||||
17 | (i) up to $10, as specified by the Supreme | ||||||
18 | Court in accordance with Part 10A of Article II of | ||||||
19 | the Code of Civil Procedure, into the Mandatory | ||||||
20 | Arbitration Fund; | ||||||
21 | (ii) $2 into the Access to Justice Fund; and | ||||||
22 | (iii) $9 into the Supreme Court Special | ||||||
23 | Purposes Fund. | ||||||
24 | (C) The clerk shall remit a sum to the County | ||||||
25 | Treasurer, in an amount not to exceed $290 in a county | ||||||
26 | with a population of 3,000,000 or more and in an amount |
| |||||||
| |||||||
1 | not to exceed $250 in any other county, as specified by | ||||||
2 | ordinance or resolution passed by the county board, for | ||||||
3 | purposes related to the operation of the court system | ||||||
4 | in the county. | ||||||
5 | (2) SCHEDULE 2: not to exceed a total of $357 in a | ||||||
6 | county with a population of 3,000,000 or more and not to | ||||||
7 | exceed $266 in any other county, except as applied to units | ||||||
8 | of local government and school districts in counties with | ||||||
9 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
10 | $190 through December 31, 2021 and $184 on and after | ||||||
11 | January 1, 2022. The fees collected under this schedule | ||||||
12 | shall be disbursed as follows: | ||||||
13 | (A) The clerk shall retain a sum, in an amount not | ||||||
14 | to exceed $55 in a county with a population of | ||||||
15 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
16 | any other county determined by the clerk with the | ||||||
17 | approval of the Supreme Court, to be used for court | ||||||
18 | automation, court document storage, and administrative | ||||||
19 | purposes. | ||||||
20 | (B) The clerk shall remit up to $21 to the State | ||||||
21 | Treasurer. The State Treasurer shall deposit the | ||||||
22 | appropriate amounts, in accordance with the clerk's | ||||||
23 | instructions, as follows: | ||||||
24 | (i) up to $10, as specified by the Supreme | ||||||
25 | Court in accordance with Part 10A of Article II of | ||||||
26 | the Code of Civil Procedure, into the Mandatory |
| |||||||
| |||||||
1 | Arbitration Fund; | ||||||
2 | (ii) $2 into the Access to Justice Fund: and | ||||||
3 | (iii) $9 into the Supreme Court Special | ||||||
4 | Purposes Fund. | ||||||
5 | (C) The clerk shall remit a sum to the County | ||||||
6 | Treasurer, in an amount not to exceed $281 in a county | ||||||
7 | with a population of 3,000,000 or more and in an amount | ||||||
8 | not to exceed $200 in any other county, as specified by | ||||||
9 | ordinance or resolution passed by the county board, for | ||||||
10 | purposes related to the operation of the court system | ||||||
11 | in the county. | ||||||
12 | (3) SCHEDULE 3: not to exceed a total of $265 in a | ||||||
13 | county with a population of 3,000,000 or more and not to | ||||||
14 | exceed $89 in any other county, except as applied to units | ||||||
15 | of local government and school districts in counties with | ||||||
16 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
17 | $190 through December 31, 2021 and $184 on and after | ||||||
18 | January 1, 2022. The fees collected under this schedule | ||||||
19 | shall be disbursed as follows: | ||||||
20 | (A) The clerk shall retain a sum, in an amount not | ||||||
21 | to exceed $55 in a county with a population of | ||||||
22 | 3,000,000 or more and in an amount not to exceed $22 in | ||||||
23 | any other county determined by the clerk with the | ||||||
24 | approval of the Supreme Court, to be used for court | ||||||
25 | automation, court document storage, and administrative | ||||||
26 | purposes. |
| |||||||
| |||||||
1 | (B) The clerk shall remit $11 to the State | ||||||
2 | Treasurer. The State Treasurer shall deposit the | ||||||
3 | appropriate amounts in accordance with the clerk's | ||||||
4 | instructions, as follows: | ||||||
5 | (i) $2 into the Access to Justice Fund; and | ||||||
6 | (ii) $9 into the Supreme Court Special | ||||||
7 | Purposes Fund. | ||||||
8 | (C) The clerk shall remit a sum to the County | ||||||
9 | Treasurer, in an amount not to exceed $199 in a county | ||||||
10 | with a population of 3,000,000 or more and in an amount | ||||||
11 | not to exceed $56 in any other county, as specified by | ||||||
12 | ordinance or resolution passed by the county board, for | ||||||
13 | purposes related to the operation of the court system | ||||||
14 | in the county. | ||||||
15 | (4) SCHEDULE 4: $0. | ||||||
16 | (b) Appearance. The fee for filing an appearance in a civil | ||||||
17 | action, including a cannabis civil law action under the | ||||||
18 | Cannabis Control Act, shall be as set forth in the applicable | ||||||
19 | schedule under this subsection in accordance with case | ||||||
20 | categories established by the Supreme Court in schedules. | ||||||
21 | (1) SCHEDULE 1: not to exceed a total of $230 in a | ||||||
22 | county with a population of 3,000,000 or more and not to | ||||||
23 | exceed $191 in any other county, except as applied to units | ||||||
24 | of local government and school districts in counties with | ||||||
25 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
26 | $75. The fees collected under this schedule shall be |
| |||||||
| |||||||
1 | disbursed as follows: | ||||||
2 | (A) The clerk shall retain a sum, in an amount not | ||||||
3 | to exceed $50 in a county with a population of | ||||||
4 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
5 | any other county determined by the clerk with the | ||||||
6 | approval of the Supreme Court, to be used for court | ||||||
7 | automation, court document storage, and administrative | ||||||
8 | purposes. | ||||||
9 | (B) The clerk shall remit up to $21 to the State | ||||||
10 | Treasurer. The State Treasurer shall deposit the | ||||||
11 | appropriate amounts, in accordance with the clerk's | ||||||
12 | instructions, as follows: | ||||||
13 | (i) up to $10, as specified by the Supreme | ||||||
14 | Court in accordance with Part 10A of Article II of | ||||||
15 | the Code of Civil Procedure, into the Mandatory | ||||||
16 | Arbitration Fund; | ||||||
17 | (ii) $2 into the Access to Justice Fund; and | ||||||
18 | (iii) $9 into the Supreme Court Special | ||||||
19 | Purposes Fund. | ||||||
20 | (C) The clerk shall remit a sum to the County | ||||||
21 | Treasurer, in an amount not to exceed $159 in a county | ||||||
22 | with a population of 3,000,000 or more and in an amount | ||||||
23 | not to exceed $125 in any other county, as specified by | ||||||
24 | ordinance or resolution passed by the county board, for | ||||||
25 | purposes related to the operation of the court system | ||||||
26 | in the county. |
| |||||||
| |||||||
1 | (2) SCHEDULE 2: not to exceed a total of $130 in a | ||||||
2 | county with a population of 3,000,000 or more and not to | ||||||
3 | exceed $109 in any other county, except as applied to units | ||||||
4 | of local government and school districts in counties with | ||||||
5 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
6 | $75. The fees collected under this schedule shall be | ||||||
7 | disbursed as follows: | ||||||
8 | (A) The clerk shall retain a sum, in an amount not | ||||||
9 | to exceed $50 in a county with a population of | ||||||
10 | 3,000,000 or more and in an amount not to exceed $10 in | ||||||
11 | any other county determined by the clerk with the | ||||||
12 | approval of the Supreme Court, to be used for court | ||||||
13 | automation, court document storage, and administrative | ||||||
14 | purposes. | ||||||
15 | (B) The clerk shall remit $9 to the State | ||||||
16 | Treasurer, which the State Treasurer shall deposit | ||||||
17 | into the Supreme Court Special Purpose Fund. | ||||||
18 | (C) The clerk shall remit a sum to the County | ||||||
19 | Treasurer, in an amount not to exceed $71 in a county | ||||||
20 | with a population of 3,000,000 or more and in an amount | ||||||
21 | not to exceed $90 in any other county, as specified by | ||||||
22 | ordinance or resolution passed by the county board, for | ||||||
23 | purposes related to the operation of the court system | ||||||
24 | in the county. | ||||||
25 | (3) SCHEDULE 3: $0. | ||||||
26 | (b-5) Kane County and Will County. In Kane County and Will |
| |||||||
| |||||||
1 | County civil cases, there is an additional fee of up to $30 as | ||||||
2 | set by the county board under Section 5-1101.3 of the Counties | ||||||
3 | Code to be paid by each party at the time of filing the first | ||||||
4 | pleading, paper, or other appearance; provided that no | ||||||
5 | additional fee shall be required if more than one party is | ||||||
6 | represented in a single pleading, paper, or other appearance. | ||||||
7 | Distribution of fees collected under this subsection (b-5) | ||||||
8 | shall be as provided in Section 5-1101.3 of the Counties Code. | ||||||
9 | (c) Counterclaim or third party complaint. When any | ||||||
10 | defendant files a counterclaim or third party complaint, as | ||||||
11 | part of the defendant's answer or otherwise, the defendant | ||||||
12 | shall pay a filing fee for each counterclaim or third party | ||||||
13 | complaint in an amount equal to the filing fee the defendant | ||||||
14 | would have had to pay had the defendant brought a separate | ||||||
15 | action for the relief sought in the counterclaim or third party | ||||||
16 | complaint, less the amount of the appearance fee, if any, that | ||||||
17 | the defendant has already paid in the action in which the | ||||||
18 | counterclaim or third party complaint is filed. | ||||||
19 | (d) Alias summons. The clerk shall collect a fee not to | ||||||
20 | exceed $6 in a county with a population of 3,000,000 or more | ||||||
21 | and not to exceed $5 in any other county for each alias summons | ||||||
22 | or citation issued by the clerk, except as applied to units of | ||||||
23 | local government and school districts in counties with more | ||||||
24 | than 3,000,000 inhabitants an amount not to exceed $5 for each | ||||||
25 | alias summons or citation issued by the clerk. | ||||||
26 | (e) Jury services. The clerk shall collect, in addition to |
| |||||||
| |||||||
1 | other fees allowed by law, a sum not to exceed $212.50, as a | ||||||
2 | fee for the services of a jury in every civil action not | ||||||
3 | quasi-criminal in its nature and not a proceeding for the | ||||||
4 | exercise of the right of eminent domain and in every other | ||||||
5 | action wherein the right of trial by jury is or may be given by | ||||||
6 | law. The jury fee shall be paid by the party demanding a jury | ||||||
7 | at the time of filing the jury demand. If the fee is not paid by | ||||||
8 | either party, no jury shall be called in the action or | ||||||
9 | proceeding, and the action or proceeding shall be tried by the | ||||||
10 | court without a jury. | ||||||
11 | (f) Change of venue. In connection with a change of venue: | ||||||
12 | (1) The clerk of the jurisdiction from which the case | ||||||
13 | is transferred may charge a fee, not to exceed $40, for the | ||||||
14 | preparation and certification of the record; and | ||||||
15 | (2) The clerk of the jurisdiction to which the case is | ||||||
16 | transferred may charge the same filing fee as if it were | ||||||
17 | the commencement of a new suit. | ||||||
18 | (g) Petition to vacate or modify. | ||||||
19 | (1) In a proceeding involving a petition to vacate or | ||||||
20 | modify any final judgment or order filed within 30 days | ||||||
21 | after the judgment or order was entered, except for an | ||||||
22 | eviction case, small claims case, petition to reopen an | ||||||
23 | estate, petition to modify, terminate, or enforce a | ||||||
24 | judgment or order for child or spousal support, or petition | ||||||
25 | to modify, suspend, or terminate an order for withholding, | ||||||
26 | the fee shall not exceed $60 in a county with a population |
| |||||||
| |||||||
1 | of 3,000,000 or more and shall not exceed $50 in any other | ||||||
2 | county, except as applied to units of local government and | ||||||
3 | school districts in counties with more than 3,000,000 | ||||||
4 | inhabitants an amount not to exceed $50. | ||||||
5 | (2) In a proceeding involving a petition to vacate or | ||||||
6 | modify any final judgment or order filed more than 30 days | ||||||
7 | after the judgment or order was entered, except for a | ||||||
8 | petition to modify, terminate, or enforce a judgment or | ||||||
9 | order for child or spousal support, or petition to modify, | ||||||
10 | suspend, or terminate an order for withholding, the fee | ||||||
11 | shall not exceed $75. | ||||||
12 | (3) In a proceeding involving a motion to vacate or | ||||||
13 | amend a final order, motion to vacate an ex parte judgment, | ||||||
14 | judgment of forfeiture, or "failure to appear" or "failure | ||||||
15 | to comply" notices sent to the Secretary of State, the fee | ||||||
16 | shall equal $40. | ||||||
17 | (h) Appeals preparation. The fee for preparation of a | ||||||
18 | record on appeal shall be based on the number of pages, as | ||||||
19 | follows: | ||||||
20 | (1) if the record contains no more than 100 pages, the | ||||||
21 | fee shall not exceed $70 in a county with a population of | ||||||
22 | 3,000,000 or more and shall not exceed $50 in any other | ||||||
23 | county; | ||||||
24 | (2) if the record contains between 100 and 200 pages, | ||||||
25 | the fee shall not exceed $100; and | ||||||
26 | (3) if the record contains 200 or more pages, the clerk |
| |||||||
| |||||||
1 | may collect an additional fee not to exceed 25 cents per | ||||||
2 | page. | ||||||
3 | (i) Remands. In any cases remanded to the circuit court | ||||||
4 | from the Supreme Court or the appellate court for a new trial, | ||||||
5 | the clerk shall reinstate the case with either its original | ||||||
6 | number or a new number. The clerk shall not charge any new or | ||||||
7 | additional fee for the reinstatement. Upon reinstatement, the | ||||||
8 | clerk shall advise the parties of the reinstatement. Parties | ||||||
9 | shall have the same right to a jury trial on remand and | ||||||
10 | reinstatement that they had before the appeal, and no | ||||||
11 | additional or new fee or charge shall be made for a jury trial | ||||||
12 | after remand. | ||||||
13 | (j) Garnishment, wage deduction, and citation. In | ||||||
14 | garnishment affidavit, wage deduction affidavit, and citation | ||||||
15 | petition proceedings: | ||||||
16 | (1) if the amount in controversy in the proceeding is | ||||||
17 | not more than $1,000, the fee may not exceed $35 in a | ||||||
18 | county with a population of 3,000,000 or more and may not | ||||||
19 | exceed $15 in any other county, except as applied to units | ||||||
20 | of local government and school districts in counties with | ||||||
21 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
22 | $15; | ||||||
23 | (2) if the amount in controversy in the proceeding is | ||||||
24 | greater than $1,000 and not more than $5,000, the fee may | ||||||
25 | not exceed $45 in a county with a population of 3,000,000 | ||||||
26 | or more and may not exceed $30 in any other county, except |
| |||||||
| |||||||
1 | as applied to units of local government and school | ||||||
2 | districts in counties with more than 3,000,000 inhabitants | ||||||
3 | an amount not to exceed $30; and | ||||||
4 | (3) if the amount in controversy in the proceeding is | ||||||
5 | greater than $5,000, the fee may not exceed $65 in a county | ||||||
6 | with a population of 3,000,000 or more and may not exceed | ||||||
7 | $50 in any other county, except as applied to units of | ||||||
8 | local government and school districts in counties with more | ||||||
9 | than 3,000,000 inhabitants an amount not to exceed $50. | ||||||
10 | (j-5) Debt collection. In any proceeding to collect a debt | ||||||
11 | subject to the exception in item (ii) of subparagraph (A-5) of | ||||||
12 | paragraph (1) of subsection (z) of this Section, the circuit | ||||||
13 | court shall order and the clerk shall collect from each | ||||||
14 | judgment debtor a fee of: | ||||||
15 | (1) $35 if the amount in controversy in the proceeding | ||||||
16 | is not more than $1,000; | ||||||
17 | (2) $45 if the amount in controversy in the proceeding | ||||||
18 | is greater than $1,000 and not more than $5,000; and | ||||||
19 | (3) $65 if the amount in controversy in the proceeding | ||||||
20 | is greater than $5,000. | ||||||
21 | (k) Collections. | ||||||
22 | (1) For all collections made of others, except the | ||||||
23 | State and county and except in maintenance or child support | ||||||
24 | cases, the clerk may collect a fee of up to 2.5% of the | ||||||
25 | amount collected and turned over. | ||||||
26 | (2) In child support and maintenance cases, the clerk |
| |||||||
| |||||||
1 | may collect an annual fee of up to $36 from the person | ||||||
2 | making payment for maintaining child support records and | ||||||
3 | the processing of support orders to the State of Illinois | ||||||
4 | KIDS system and the recording of payments issued by the | ||||||
5 | State Disbursement Unit for the official record of the | ||||||
6 | Court. This fee is in addition to and separate from amounts | ||||||
7 | ordered to be paid as maintenance or child support and | ||||||
8 | shall be deposited into a Separate Maintenance and Child | ||||||
9 | Support Collection Fund, of which the clerk shall be the | ||||||
10 | custodian, ex officio, to be used by the clerk to maintain | ||||||
11 | child support orders and record all payments issued by the | ||||||
12 | State Disbursement Unit for the official record of the | ||||||
13 | Court. The clerk may recover from the person making the | ||||||
14 | maintenance or child support payment any additional cost | ||||||
15 | incurred in the collection of this annual fee. | ||||||
16 | (3) (Blank). The clerk may collect a fee of $5 for | ||||||
17 | certifications made to the Secretary of State as provided | ||||||
18 | in Section 7-703 of the Illinois Vehicle Code, and this fee | ||||||
19 | shall be deposited into the Separate Maintenance and Child | ||||||
20 | Support Collection Fund. | ||||||
21 | (4) In proceedings
to foreclose the lien of delinquent | ||||||
22 | real estate taxes, State's Attorneys
shall receive a fee of | ||||||
23 | 10%
of the total amount realized from the sale of real | ||||||
24 | estate sold in the
proceedings. The clerk shall collect the | ||||||
25 | fee from the total amount realized from
the sale of the | ||||||
26 | real estate sold in the proceedings and remit to the County |
| |||||||
| |||||||
1 | Treasurer to be credited to the earnings of the Office of | ||||||
2 | the State's Attorney. | ||||||
3 | (l) Mailing. The fee for the clerk mailing documents shall | ||||||
4 | not exceed $10 plus the cost of postage. | ||||||
5 | (m) Certified copies. The fee for each certified copy of a | ||||||
6 | judgment, after the first copy, shall not exceed $10. | ||||||
7 | (n) Certification, authentication, and reproduction. | ||||||
8 | (1) The fee for each certification or authentication | ||||||
9 | for taking the acknowledgment of a deed or other instrument | ||||||
10 | in writing with the seal of office shall not exceed $6. | ||||||
11 | (2) The fee for reproduction of any document contained | ||||||
12 | in the clerk's files shall not exceed: | ||||||
13 | (A) $2 for the first page; | ||||||
14 | (B) 50 cents per page for the next 19 pages; and | ||||||
15 | (C) 25 cents per page for all additional pages. | ||||||
16 | (o) Record search. For each record search, within a | ||||||
17 | division or municipal district, the clerk may collect a search | ||||||
18 | fee not to exceed $6 for each year searched. | ||||||
19 | (p) Hard copy. For each page of hard copy print output, | ||||||
20 | when case records are maintained on an automated medium, the | ||||||
21 | clerk may collect a fee not to exceed $10 in a county with a | ||||||
22 | population of 3,000,000 or more and not to exceed $6 in any | ||||||
23 | other county, except as applied to units of local government | ||||||
24 | and school districts in counties with more than 3,000,000 | ||||||
25 | inhabitants an amount not to exceed $6. | ||||||
26 | (q) Index inquiry and other records. No fee shall be |
| |||||||
| |||||||
1 | charged for a single plaintiff and defendant index inquiry or | ||||||
2 | single case record inquiry when this request is made in person | ||||||
3 | and the records are maintained in a current automated medium, | ||||||
4 | and when no hard copy print output is requested. The fees to be | ||||||
5 | charged for management records, multiple case records, and | ||||||
6 | multiple journal records may be specified by the Chief Judge | ||||||
7 | pursuant to the guidelines for access and dissemination of | ||||||
8 | information approved by the Supreme Court. | ||||||
9 | (r) Performing a marriage. There shall be a $10 fee for | ||||||
10 | performing a marriage in court. | ||||||
11 | (s) Voluntary assignment. For filing each deed of voluntary | ||||||
12 | assignment, the clerk shall collect a fee not to exceed $20. | ||||||
13 | For recording a deed of voluntary assignment, the clerk shall | ||||||
14 | collect a fee not to exceed 50 cents for each 100 words. | ||||||
15 | Exceptions filed to claims presented to an assignee of a debtor | ||||||
16 | who has made a voluntary assignment for the benefit of | ||||||
17 | creditors shall be considered and treated, for the purpose of | ||||||
18 | taxing costs therein, as actions in which the party or parties | ||||||
19 | filing the exceptions shall be considered as party or parties | ||||||
20 | plaintiff, and the claimant or claimants as party or parties | ||||||
21 | defendant, and those parties respectively shall pay to the | ||||||
22 | clerk the same fees as provided by this Section to be paid in | ||||||
23 | other actions. | ||||||
24 | (t) Expungement petition. The clerk may collect a fee not | ||||||
25 | to exceed $60 for each expungement petition filed and an | ||||||
26 | additional fee not to exceed $4 for each certified copy of an |
| |||||||
| |||||||
1 | order to expunge arrest records. | ||||||
2 | (u) Transcripts of judgment. For the filing of a transcript | ||||||
3 | of judgment, the clerk may collect the same fee as if it were | ||||||
4 | the commencement of a new suit. | ||||||
5 | (v) Probate filings. | ||||||
6 | (1) For each account (other than one final account) | ||||||
7 | filed in the estate of a decedent, or ward, the fee shall | ||||||
8 | not exceed $25. | ||||||
9 | (2) For filing a claim in an estate when the amount | ||||||
10 | claimed is greater than $150 and not more than $500, the | ||||||
11 | fee shall not exceed $40 in a county with a population of | ||||||
12 | 3,000,000 or more and shall not exceed $25 in any other | ||||||
13 | county; when the amount claimed is greater than $500 and | ||||||
14 | not more than $10,000, the fee shall not exceed $55 in a | ||||||
15 | county with a population of 3,000,000 or more and shall not | ||||||
16 | exceed $40 in any other county; and when the amount claimed | ||||||
17 | is more than $10,000, the fee shall not exceed $75 in a | ||||||
18 | county with a population of 3,000,000 or more and shall not | ||||||
19 | exceed $60 in any other county; except the court in | ||||||
20 | allowing a claim may add to the amount allowed the filing | ||||||
21 | fee paid by the claimant. | ||||||
22 | (3) For filing in an estate a claim, petition, or | ||||||
23 | supplemental proceeding based upon an action seeking | ||||||
24 | equitable relief including the construction or contest of a | ||||||
25 | will, enforcement of a contract to make a will, and | ||||||
26 | proceedings involving testamentary trusts or the |
| |||||||
| |||||||
1 | appointment of testamentary trustees, the fee shall not | ||||||
2 | exceed $60. | ||||||
3 | (4) There shall be no fee for filing in an estate: (i) | ||||||
4 | the appearance of any person for the purpose of consent; or | ||||||
5 | (ii) the appearance of an executor, administrator, | ||||||
6 | administrator to collect, guardian, guardian ad litem, or | ||||||
7 | special administrator. | ||||||
8 | (5) For each jury demand, the fee shall not exceed | ||||||
9 | $137.50. | ||||||
10 | (6) For each certified copy of letters of office, of | ||||||
11 | court order, or other certification, the fee shall not | ||||||
12 | exceed
$2 per page. | ||||||
13 | (7) For each exemplification, the fee shall not exceed | ||||||
14 | $2, plus the fee for certification. | ||||||
15 | (8) The executor, administrator, guardian, petitioner, | ||||||
16 | or other interested person or his or her attorney shall pay | ||||||
17 | the cost of publication by the clerk directly to the | ||||||
18 | newspaper. | ||||||
19 | (9) The person on whose behalf a charge is incurred for | ||||||
20 | witness, court reporter, appraiser, or other miscellaneous | ||||||
21 | fees shall pay the same directly to the person entitled | ||||||
22 | thereto. | ||||||
23 | (10) The executor, administrator, guardian, | ||||||
24 | petitioner, or other interested person or his or her | ||||||
25 | attorney shall pay to the clerk all postage charges | ||||||
26 | incurred by the clerk in mailing petitions, orders, |
| |||||||
| |||||||
1 | notices, or other documents pursuant to the provisions of | ||||||
2 | the Probate Act of 1975. | ||||||
3 | (w) Corrections of numbers. For correction of the case | ||||||
4 | number, case title, or attorney computer identification | ||||||
5 | number, if required by rule of court, on any document filed in | ||||||
6 | the clerk's office, to be charged against the party that filed | ||||||
7 | the document, the fee shall not exceed $25. | ||||||
8 | (x) Miscellaneous. | ||||||
9 | (1) Interest earned on any fees collected by the clerk | ||||||
10 | shall be turned over to the county general fund as an | ||||||
11 | earning of the office. | ||||||
12 | (2) For any check, draft, or other bank instrument | ||||||
13 | returned to the clerk for non-sufficient funds, account | ||||||
14 | closed, or payment stopped, the clerk shall collect a fee | ||||||
15 | of $25. | ||||||
16 | (y) Other fees. Any fees not covered in this Section shall | ||||||
17 | be set by rule or administrative order of the circuit court | ||||||
18 | with the approval of the Administrative Office of the Illinois | ||||||
19 | Courts. The clerk of the circuit court may provide services in | ||||||
20 | connection with the operation of the clerk's office, other than | ||||||
21 | those services mentioned in this Section, as may be requested | ||||||
22 | by the public and agreed to by the clerk and approved by the | ||||||
23 | Chief Judge. Any charges for additional services shall be as | ||||||
24 | agreed to between the clerk and the party making the request | ||||||
25 | and approved by the Chief Judge. Nothing in this subsection | ||||||
26 | shall be construed to require any clerk to provide any service |
| |||||||
| |||||||
1 | not otherwise required by law. | ||||||
2 | (y-5) Unpaid fees. Unless a court ordered payment schedule | ||||||
3 | is implemented or the fee
requirements of this Section are | ||||||
4 | waived under a court order, the clerk of
the circuit court may | ||||||
5 | add to any unpaid fees and costs under this Section a | ||||||
6 | delinquency
amount equal to 5% of the unpaid fees that remain | ||||||
7 | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
8 | after 60 days, and 15% of the unpaid fees
that remain unpaid | ||||||
9 | after 90 days. Notice to those parties may be made by
signage | ||||||
10 | posting or publication. The additional delinquency amounts | ||||||
11 | collected under this Section shall
be deposited into the | ||||||
12 | Circuit Court Clerk Operations and Administration Fund and used | ||||||
13 | to defray additional administrative costs incurred by the clerk | ||||||
14 | of the
circuit court in collecting unpaid fees and costs. | ||||||
15 | (z) Exceptions. | ||||||
16 | (1) No fee authorized by this Section shall apply to: | ||||||
17 | (A) police departments or other law enforcement | ||||||
18 | agencies. In this Section, "law enforcement agency" | ||||||
19 | means: an agency of the State or agency of a unit of | ||||||
20 | local government which is vested by law or ordinance | ||||||
21 | with the duty to maintain public order and to enforce | ||||||
22 | criminal laws or ordinances; the Attorney General; or | ||||||
23 | any State's Attorney; | ||||||
24 | (A-5) any unit of local government or school | ||||||
25 | district, except in counties having a population of | ||||||
26 | 500,000 or more the county board may by resolution set |
| |||||||
| |||||||
1 | fees for units of local government or school districts | ||||||
2 | no greater than the minimum fees applicable in counties | ||||||
3 | with a population less than 3,000,000; provided | ||||||
4 | however, no fee may be charged to any unit of local | ||||||
5 | government or school district in connection with any | ||||||
6 | action which, in whole or in part, is: (i) to enforce | ||||||
7 | an ordinance; (ii) to collect a debt; or (iii) under | ||||||
8 | the Administrative Review Law; | ||||||
9 | (B) any action instituted by the corporate | ||||||
10 | authority of a municipality with more than 1,000,000 | ||||||
11 | inhabitants under Section 11-31-1 of the Illinois | ||||||
12 | Municipal Code and any action instituted under | ||||||
13 | subsection (b) of Section 11-31-1 of the Illinois | ||||||
14 | Municipal Code by a private owner or tenant of real | ||||||
15 | property within 1,200 feet of a dangerous or unsafe | ||||||
16 | building seeking an order compelling the owner or | ||||||
17 | owners of the building to take any of the actions | ||||||
18 | authorized under that subsection; | ||||||
19 | (C) any commitment petition or petition for an | ||||||
20 | order authorizing the administration of psychotropic | ||||||
21 | medication or electroconvulsive therapy under the | ||||||
22 | Mental Health and Developmental Disabilities Code; | ||||||
23 | (D) a petitioner in any order of protection | ||||||
24 | proceeding, including, but not limited to, fees for | ||||||
25 | filing, modifying, withdrawing, certifying, or | ||||||
26 | photocopying petitions for orders of protection, |
| |||||||
| |||||||
1 | issuing alias summons, any related filing service, or | ||||||
2 | certifying, modifying, vacating, or photocopying any | ||||||
3 | orders of protection; or | ||||||
4 | (E) proceedings for the appointment of a | ||||||
5 | confidential intermediary under the Adoption Act. | ||||||
6 | (2) No fee other than the filing fee contained in the | ||||||
7 | applicable schedule in subsection (a) shall be charged to | ||||||
8 | any person in connection with an adoption proceeding. | ||||||
9 | (3) Upon good cause shown, the court may waive any fees | ||||||
10 | associated with a special needs adoption. The term "special | ||||||
11 | needs adoption" has the meaning provided by the Illinois | ||||||
12 | Department of Children and Family Services. | ||||||
13 | (aa) This Section is repealed on January 1, 2021.
| ||||||
14 | (Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19; | ||||||
15 | 100-1161, eff. 7-1-19.)
| ||||||
16 | Section 20. The Illinois Marriage and Dissolution of | ||||||
17 | Marriage Act is amended by changing Sections 505 and 607.5 as | ||||||
18 | follows:
| ||||||
19 | (750 ILCS 5/505) (from Ch. 40, par. 505)
| ||||||
20 | Sec. 505. Child support; contempt; penalties.
| ||||||
21 | (a) In a proceeding for dissolution of marriage, legal | ||||||
22 | separation,
declaration of invalidity of marriage, or | ||||||
23 | dissolution of a civil union, a proceeding for child support
| ||||||
24 | following a legal separation or dissolution of the marriage or |
| |||||||
| |||||||
1 | civil union by a court that lacked personal
jurisdiction over | ||||||
2 | the absent spouse, a proceeding for modification of a
previous | ||||||
3 | order for child support under Section 510 of this Act, or any
| ||||||
4 | proceeding authorized under Section 501 or 601 of this Act, the | ||||||
5 | court may
order either or both parents owing a duty of support | ||||||
6 | to a child of the
marriage or civil union to pay an amount | ||||||
7 | reasonable and necessary for support. The duty of support owed | ||||||
8 | to a child
includes the obligation to provide for the | ||||||
9 | reasonable and necessary physical, mental and emotional health | ||||||
10 | needs of the child.
For purposes of this Section, the term | ||||||
11 | "child" shall include any child under
age 18 and
any child age | ||||||
12 | 19 or younger who is still attending high school. For purposes | ||||||
13 | of this Section, the term "obligor" means the parent obligated | ||||||
14 | to pay support to the other parent.
| ||||||
15 | (1) Child support guidelines. The Illinois Department | ||||||
16 | of Healthcare and Family Services shall adopt rules | ||||||
17 | establishing child support guidelines which include | ||||||
18 | worksheets to aid in the calculation of the child support | ||||||
19 | obligations and a schedule of basic child support | ||||||
20 | obligations that reflects the percentage of combined net | ||||||
21 | income that parents living in the same household in this | ||||||
22 | State ordinarily spend on their child. The child support | ||||||
23 | guidelines have the following purposes: | ||||||
24 | (A) to establish as State policy an adequate | ||||||
25 | standard of support for a child, subject to the ability | ||||||
26 | of parents to pay; |
| |||||||
| |||||||
1 | (B) to make child support obligations more | ||||||
2 | equitable by ensuring more consistent treatment of | ||||||
3 | parents in similar circumstances; | ||||||
4 | (C) to improve the efficiency of the court process | ||||||
5 | by promoting settlements and giving courts and the | ||||||
6 | parties guidance in establishing levels of child | ||||||
7 | support; | ||||||
8 | (D) to calculate child support based upon the | ||||||
9 | parents' combined net income estimated to have been | ||||||
10 | allocated for the support of the child if the parents | ||||||
11 | and child were living in an intact household; | ||||||
12 | (E) to adjust child support based upon the needs of | ||||||
13 | the child;
and | ||||||
14 | (F) to allocate the amount of child support to be | ||||||
15 | paid by each parent based upon a parent's net income | ||||||
16 | and the child's physical care arrangements. | ||||||
17 | (1.5) Computation of basic child support obligation. | ||||||
18 | The court shall compute the basic child support obligation | ||||||
19 | by taking the following steps: | ||||||
20 | (A) determine each parent's monthly net income; | ||||||
21 | (B) add the parents' monthly net incomes together | ||||||
22 | to determine the combined monthly net income of the | ||||||
23 | parents; | ||||||
24 | (C) select the corresponding appropriate amount | ||||||
25 | from the schedule of basic child support obligations | ||||||
26 | based on the parties' combined monthly net income and |
| |||||||
| |||||||
1 | number of children of the parties; and | ||||||
2 | (D) calculate each parent's percentage share of | ||||||
3 | the basic child support obligation. | ||||||
4 | Although a monetary obligation is computed for each | ||||||
5 | parent as child support, the receiving parent's share is | ||||||
6 | not payable to the other parent and is presumed to be spent | ||||||
7 | directly on the child. | ||||||
8 | (2) Duty of support. The court shall determine child | ||||||
9 | support in each case by applying the child support | ||||||
10 | guidelines unless the court makes a finding that | ||||||
11 | application of the guidelines would be inappropriate, | ||||||
12 | after considering the best interests of the child and | ||||||
13 | evidence which shows relevant factors including, but not | ||||||
14 | limited to, one or more of the following: | ||||||
15 | (A) the financial resources and needs of the child; | ||||||
16 | (B) the financial resources and needs of the | ||||||
17 | parents; | ||||||
18 | (C) the standard of living the child would have | ||||||
19 | enjoyed had the marriage or civil union not been | ||||||
20 | dissolved; and | ||||||
21 | (D) the physical and emotional condition of the | ||||||
22 | child and his or her educational needs. | ||||||
23 | (3) Income. | ||||||
24 | (A) As used in this Section, "gross income" means | ||||||
25 | the total of all income from all sources, except "gross | ||||||
26 | income" does not include (i) benefits received by the |
| |||||||
| |||||||
1 | parent from means-tested public assistance programs, | ||||||
2 | including, but not limited to, Temporary Assistance | ||||||
3 | for Needy Families, Supplemental Security Income, and | ||||||
4 | the Supplemental Nutrition Assistance Program or (ii) | ||||||
5 | benefits and income received by the parent for other | ||||||
6 | children in the household, including, but not limited | ||||||
7 | to, child support, survivor benefits, and foster care | ||||||
8 | payments. Social security disability and retirement | ||||||
9 | benefits paid for the benefit of the subject child must | ||||||
10 | be included in the disabled or retired parent's gross | ||||||
11 | income for purposes of calculating the parent's child | ||||||
12 | support obligation, but the parent is entitled to a | ||||||
13 | child support credit for the amount of benefits paid to | ||||||
14 | the other party for the child. "Gross income" includes | ||||||
15 | maintenance treated as taxable income for federal | ||||||
16 | income tax purposes to the payee and received pursuant | ||||||
17 | to a court order in the pending proceedings or any | ||||||
18 | other proceedings and shall be included in the payee's | ||||||
19 | gross income for purposes of calculating the parent's | ||||||
20 | child support obligation. | ||||||
21 | (B) As used in this Section, "net income" means | ||||||
22 | gross income minus either the standardized tax amount | ||||||
23 | calculated pursuant to subparagraph (C) of this | ||||||
24 | paragraph (3) or the individualized tax amount | ||||||
25 | calculated pursuant to subparagraph (D) of this | ||||||
26 | paragraph (3), and minus any adjustments pursuant to |
| |||||||
| |||||||
1 | subparagraph (F) of this paragraph (3). The | ||||||
2 | standardized tax amount shall be used unless the | ||||||
3 | requirements for an individualized tax amount set | ||||||
4 | forth in subparagraph (E) of this paragraph (3) are | ||||||
5 | met. "Net income" includes maintenance not includable | ||||||
6 | in the gross taxable income of the payee for federal | ||||||
7 | income tax purposes under a court order in the pending | ||||||
8 | proceedings or any other proceedings and shall be | ||||||
9 | included in the payee's net income for purposes of | ||||||
10 | calculating the parent's child support obligation. | ||||||
11 | (C) As used in this Section, "standardized tax | ||||||
12 | amount" means the total of federal and state income | ||||||
13 | taxes for a single person claiming the standard tax | ||||||
14 | deduction, one personal exemption, and the applicable | ||||||
15 | number of dependency exemptions for the minor child or | ||||||
16 | children of the parties, and Social Security and | ||||||
17 | Medicare tax calculated at the Federal Insurance | ||||||
18 | Contributions Act rate. | ||||||
19 | (I) Unless a court has determined otherwise or | ||||||
20 | the parties otherwise agree, the party with the | ||||||
21 | majority of parenting time shall be deemed | ||||||
22 | entitled to claim the dependency exemption for the | ||||||
23 | parties' minor child. | ||||||
24 | (II) The Illinois Department of Healthcare and | ||||||
25 | Family Services shall promulgate a standardized | ||||||
26 | net income conversion table that computes net |
| |||||||
| |||||||
1 | income by deducting the standardized tax amount | ||||||
2 | from gross income. | ||||||
3 | (D) As used in this Section, "individualized tax | ||||||
4 | amount" means the aggregate of the following taxes: | ||||||
5 | (I) federal income tax (properly calculated | ||||||
6 | withholding or estimated payments); | ||||||
7 | (II) State income tax (properly calculated | ||||||
8 | withholding or estimated payments); and | ||||||
9 | (III) Social Security or self-employment tax, | ||||||
10 | if applicable (or, if none, mandatory retirement | ||||||
11 | contributions required by law or as a condition of | ||||||
12 | employment) and Medicare tax calculated at the | ||||||
13 | Federal Insurance Contributions Act rate. | ||||||
14 | (E) In lieu of a standardized tax amount, a | ||||||
15 | determination of an individualized tax amount may be | ||||||
16 | made under items (I), (II), or (III) below. If an | ||||||
17 | individualized tax amount determination is made under | ||||||
18 | this subparagraph (E), all relevant tax attributes | ||||||
19 | (including filing status, allocation of dependency | ||||||
20 | exemptions, and whether a party is to claim the use of | ||||||
21 | the standard deduction or itemized deductions for | ||||||
22 | federal income tax purposes) shall be as the parties | ||||||
23 | agree or as the court determines. To determine a | ||||||
24 | party's reported income, the court may order the party | ||||||
25 | to complete an Internal Revenue Service Form 4506-T, | ||||||
26 | Request for Tax Transcript. |
| |||||||
| |||||||
1 | (I) Agreement. Irrespective of whether the | ||||||
2 | parties agree on any other issue before the court, | ||||||
3 | if they jointly stipulate for the record their | ||||||
4 | concurrence on a computation method for the | ||||||
5 | individualized tax amount that is different from | ||||||
6 | the method set forth under subparagraph (D), the | ||||||
7 | stipulated method shall be used by the court unless | ||||||
8 | the court rejects the proposed stipulated method | ||||||
9 | for good cause. | ||||||
10 | (II) Summary hearing. If the court determines | ||||||
11 | child support in a summary hearing under Section | ||||||
12 | 501 and an eligible party opts in to the | ||||||
13 | individualized tax amount method under this item | ||||||
14 | (II), the individualized tax amount shall be | ||||||
15 | determined by the court on the basis of information | ||||||
16 | contained in one or both parties' Supreme Court | ||||||
17 | approved Financial Affidavit (Family & Divorce | ||||||
18 | Cases) and relevant supporting documents under | ||||||
19 | applicable court rules. No party, however, is | ||||||
20 | eligible to opt in unless the party, under | ||||||
21 | applicable court rules, has served the other party | ||||||
22 | with the required Supreme Court approved Financial | ||||||
23 | Affidavit (Family & Divorce Cases) and has | ||||||
24 | substantially produced supporting documents | ||||||
25 | required by the applicable court rules. | ||||||
26 | (III) Evidentiary hearing. If the court |
| |||||||
| |||||||
1 | determines child support in an evidentiary | ||||||
2 | hearing, whether for purposes of a temporary order | ||||||
3 | or at the conclusion of a proceeding, item (II) of | ||||||
4 | this subparagraph (E) does not apply. In each such | ||||||
5 | case (unless item (I) governs), the individualized | ||||||
6 | tax amount shall be as determined by the court on | ||||||
7 | the basis of the record established. | ||||||
8 | (F) Adjustments to income. | ||||||
9 | (I) Multi-family adjustment. If a parent is | ||||||
10 | also legally responsible for support of a child not | ||||||
11 | shared with the other parent and not subject to the | ||||||
12 | present proceeding, there shall be an adjustment | ||||||
13 | to net income as follows: | ||||||
14 | (i) Multi-family adjustment with court | ||||||
15 | order. The court shall deduct from the parent's | ||||||
16 | net income the amount of child support actually | ||||||
17 | paid by the parent pursuant to a support order | ||||||
18 | unless the court makes a finding that it would | ||||||
19 | cause economic hardship to the child. | ||||||
20 | (ii) Multi-family adjustment without court | ||||||
21 | order. Upon the request or application of a | ||||||
22 | parent actually supporting a presumed, | ||||||
23 | acknowledged, or adjudicated child living in | ||||||
24 | or outside of that parent's household, there | ||||||
25 | shall be an adjustment to child support. The | ||||||
26 | court shall deduct from the parent's net income |
| |||||||
| |||||||
1 | the amount of financial support actually paid | ||||||
2 | by the parent for the child or 75% of the | ||||||
3 | support the parent should pay under the child | ||||||
4 | support guidelines (before this adjustment), | ||||||
5 | whichever is less, unless the court makes a | ||||||
6 | finding that it would cause economic hardship | ||||||
7 | to the child. The adjustment shall be | ||||||
8 | calculated using that parent's income alone. | ||||||
9 | (II) Spousal Maintenance adjustment. | ||||||
10 | Obligations pursuant to a court order for spousal | ||||||
11 | maintenance in the pending proceeding actually | ||||||
12 | paid or payable to the same party to whom child | ||||||
13 | support is to be payable or actually paid to a | ||||||
14 | former spouse pursuant to a court order shall be | ||||||
15 | deducted from the parent's after-tax income, | ||||||
16 | unless the maintenance obligation is tax | ||||||
17 | deductible to the payor for federal income tax | ||||||
18 | purposes, in which case it shall be deducted from | ||||||
19 | the payor's gross income for purposes of | ||||||
20 | calculating the parent's child support obligation. | ||||||
21 | (3.1) Business income.
For purposes of calculating | ||||||
22 | child support, net business income from the operation of a | ||||||
23 | business means gross receipts minus ordinary and necessary | ||||||
24 | expenses required to carry on the trade or business. As | ||||||
25 | used in this paragraph, "business" includes, but is not | ||||||
26 | limited to, sole proprietorships, closely held |
| |||||||
| |||||||
1 | corporations, partnerships, other flow-through business | ||||||
2 | entities, and self-employment. The court shall apply the | ||||||
3 | following: | ||||||
4 | (A) The accelerated component of depreciation and | ||||||
5 | any business expenses determined either judicially or | ||||||
6 | administratively to be inappropriate or excessive | ||||||
7 | shall be excluded from the total of ordinary and | ||||||
8 | necessary business expenses to be deducted in the | ||||||
9 | determination of net business income from gross | ||||||
10 | business income. | ||||||
11 | (B) Any item of reimbursement or in-kind payment | ||||||
12 | received by a parent from a business, including, but | ||||||
13 | not limited to, a company car, reimbursed meals, free | ||||||
14 | housing, or a housing allowance, shall be counted as | ||||||
15 | income if not otherwise included in the recipient's | ||||||
16 | gross income, if the item is significant in amount and | ||||||
17 | reduces personal expenses. | ||||||
18 | (3.2) Unemployment or underemployment.
If a parent is | ||||||
19 | voluntarily unemployed or underemployed, child support | ||||||
20 | shall be calculated based on a determination of potential | ||||||
21 | income. A determination of potential income shall be made | ||||||
22 | by determining employment potential and probable earnings | ||||||
23 | level based on the obligor's work history, occupational | ||||||
24 | qualifications, prevailing job opportunities, the | ||||||
25 | ownership by a parent of a substantial non-income producing | ||||||
26 | asset, and earnings levels in the community. If there is |
| |||||||
| |||||||
1 | insufficient work history to determine employment | ||||||
2 | potential and probable earnings level, there shall be a | ||||||
3 | rebuttable presumption that the parent's potential income | ||||||
4 | is 75% of the most recent United States Department of | ||||||
5 | Health and Human Services Federal Poverty Guidelines for a | ||||||
6 | family of one person. | ||||||
7 | (3.3) Rebuttable presumption in favor of guidelines.
| ||||||
8 | There is a rebuttable presumption in any judicial or | ||||||
9 | administrative proceeding for child support that the | ||||||
10 | amount of the child support obligation that would result | ||||||
11 | from the application of the child support guidelines is the | ||||||
12 | correct amount of child support. | ||||||
13 | (3.3a) Minimum child support obligation. There is a | ||||||
14 | rebuttable presumption that a minimum child support | ||||||
15 | obligation of $40 per month, per child, will be entered for | ||||||
16 | an obligor who has actual or imputed gross income at or | ||||||
17 | less than 75% of the most recent United States Department | ||||||
18 | of Health and Human Services Federal Poverty Guidelines for | ||||||
19 | a family of one person, with a maximum total child support | ||||||
20 | obligation for that obligor of $120 per month to be divided | ||||||
21 | equally among all of the obligor's children. | ||||||
22 | (3.3b) Zero dollar child support order. For parents | ||||||
23 | with no gross income, who receive only means-tested | ||||||
24 | assistance, or who cannot work due to a medically proven | ||||||
25 | disability, incarceration, or institutionalization, there | ||||||
26 | is a rebuttable presumption that the $40 per month minimum |
| |||||||
| |||||||
1 | support order is inapplicable and a zero dollar order shall | ||||||
2 | be entered. | ||||||
3 | (3.4) Deviation factors.
In any action to establish or | ||||||
4 | modify child support, whether pursuant to a temporary or | ||||||
5 | final administrative or court order, the child support | ||||||
6 | guidelines shall be used as a rebuttable presumption for | ||||||
7 | the establishment or modification of the amount of child | ||||||
8 | support. The court may deviate from the child support | ||||||
9 | guidelines if the application would be inequitable, | ||||||
10 | unjust, or inappropriate. Any deviation from the | ||||||
11 | guidelines shall be accompanied by written findings by the | ||||||
12 | court specifying the reasons for the deviation and the | ||||||
13 | presumed amount under the child support guidelines without | ||||||
14 | a deviation. These reasons may include: | ||||||
15 | (A) extraordinary medical expenditures necessary | ||||||
16 | to preserve the life or health of a party or a child of | ||||||
17 | either or both of the parties; | ||||||
18 | (B) additional expenses incurred for a child | ||||||
19 | subject to the child support order who has special | ||||||
20 | medical, physical, or developmental needs; and | ||||||
21 | (C) any other factor the court determines should be | ||||||
22 | applied upon a finding that the application of the | ||||||
23 | child support guidelines would be inappropriate, after | ||||||
24 | considering the best interest of the child. | ||||||
25 | (3.5) Income in excess of the schedule of basic child | ||||||
26 | support obligation. A court may use its discretion to |
| |||||||
| |||||||
1 | determine child support if the combined adjusted net income | ||||||
2 | of the parties exceeds the highest level of the schedule of | ||||||
3 | basic child support obligation, except that the basic child | ||||||
4 | support obligation shall not be less than the highest level | ||||||
5 | of combined net income set forth in the schedule of basic | ||||||
6 | child support obligation. | ||||||
7 | (3.6) Extracurricular activities and school expenses.
| ||||||
8 | The court, in its discretion, in addition to the basic | ||||||
9 | child support obligation, may order either or both parents | ||||||
10 | owing a duty of support to the child to contribute to the | ||||||
11 | reasonable school and extracurricular activity expenses | ||||||
12 | incurred which are intended to enhance the educational, | ||||||
13 | athletic, social, or cultural development of the child. | ||||||
14 | (3.7) Child care expenses.
The court, in its | ||||||
15 | discretion, in addition to the basic child support | ||||||
16 | obligation, may order either or both parents owing a duty | ||||||
17 | of support to the child to contribute to the reasonable | ||||||
18 | child care expenses of the child. The child care expenses | ||||||
19 | shall be made payable directly to a party or directly to | ||||||
20 | the child care provider at the time of child care services. | ||||||
21 | (A) "Child care expenses" means actual expenses | ||||||
22 | reasonably necessary to enable a parent or non-parent | ||||||
23 | custodian to be employed, to attend educational or | ||||||
24 | vocational training programs to improve employment | ||||||
25 | opportunities, or to search for employment. "Child | ||||||
26 | care expenses" also includes deposits for securing |
| |||||||
| |||||||
1 | placement in a child care program, the cost of before | ||||||
2 | and after school care, and camps when school is not in | ||||||
3 | session. A child's special needs shall be a | ||||||
4 | consideration in determining reasonable child care | ||||||
5 | expenses. | ||||||
6 | (B) Child care expenses shall be prorated in | ||||||
7 | proportion to each parent's percentage share of | ||||||
8 | combined net income, and may be added to the basic | ||||||
9 | child support obligation if not paid directly by each | ||||||
10 | parent to the provider of child care services. The | ||||||
11 | obligor's and obligee's portion of actual child care | ||||||
12 | expenses shall appear in the support order. If allowed, | ||||||
13 | the value of the federal income tax credit for child | ||||||
14 | care shall be subtracted from the actual cost to | ||||||
15 | determine the net child care costs. | ||||||
16 | (C) The amount of child care expenses shall be | ||||||
17 | adequate to obtain reasonable and necessary child | ||||||
18 | care. The actual child care expenses shall be used to | ||||||
19 | calculate the child care expenses, if available. When | ||||||
20 | actual child care expenses vary, the actual child care | ||||||
21 | expenses may be averaged over the most recent 12-month | ||||||
22 | period. When a parent is temporarily unemployed or | ||||||
23 | temporarily not attending educational or vocational | ||||||
24 | training programs, future child care expenses shall be | ||||||
25 | based upon prospective expenses to be incurred upon | ||||||
26 | return to employment or educational or vocational |
| |||||||
| |||||||
1 | training programs. | ||||||
2 | (D) An order for child care expenses may be | ||||||
3 | modified upon a showing of a substantial change in | ||||||
4 | circumstances. The party incurring child care expenses | ||||||
5 | shall notify the other party within 14 days of any | ||||||
6 | change in the amount of child care expenses that would | ||||||
7 | affect the annualized child care amount as determined | ||||||
8 | in the support order. | ||||||
9 | (3.8) Shared physical care. If each parent exercises | ||||||
10 | 146 or more overnights per year with the child, the basic | ||||||
11 | child support obligation is multiplied by 1.5 to calculate | ||||||
12 | the shared care child support obligation. The court shall | ||||||
13 | determine each parent's share of the shared care child | ||||||
14 | support obligation based on the parent's percentage share | ||||||
15 | of combined net income. The child support obligation is | ||||||
16 | then computed for each parent by multiplying that parent's | ||||||
17 | portion of the shared care support obligation by the | ||||||
18 | percentage of time the child spends with the other parent. | ||||||
19 | The respective child support obligations are then offset, | ||||||
20 | with the parent owing more child support paying the | ||||||
21 | difference between the child support amounts. The Illinois | ||||||
22 | Department of Healthcare and Family Services shall | ||||||
23 | promulgate a worksheet to calculate child support in cases | ||||||
24 | in which the parents have shared physical care and use the | ||||||
25 | standardized tax amount to determine net income. | ||||||
26 | (3.9) Split physical care. When
there is more than one |
| |||||||
| |||||||
1 | child and each parent has physical care of at least one but | ||||||
2 | not all of the children, the support is calculated by using | ||||||
3 | 2 child support worksheets to determine the support each | ||||||
4 | parent owes the other. The support shall be calculated as | ||||||
5 | follows: | ||||||
6 | (A) compute the support the first parent would owe | ||||||
7 | to other parent as if the child in his or her care was | ||||||
8 | the only child of the parties; then | ||||||
9 | (B) compute the support the other parent would owe | ||||||
10 | to the first parent as if the child in his or her care | ||||||
11 | were the only child of the parties; then | ||||||
12 | (C) subtract the lesser support obligation from | ||||||
13 | the greater. | ||||||
14 | The parent who owes the greater obligation shall be | ||||||
15 | ordered to pay the difference in support to the other | ||||||
16 | parent, unless the court determines, pursuant to other | ||||||
17 | provisions of this Section, that it should deviate from the | ||||||
18 | guidelines. | ||||||
19 | (4) Health care. | ||||||
20 | (A) A portion of the basic child support obligation | ||||||
21 | is intended to cover basic ordinary out-of-pocket | ||||||
22 | medical expenses. The court, in its discretion, in | ||||||
23 | addition to the basic child support obligation, shall | ||||||
24 | also provide for the child's current and future medical | ||||||
25 | needs by ordering either or both parents to initiate | ||||||
26 | health insurance coverage for the child through |
| |||||||
| |||||||
1 | currently effective health insurance policies held by | ||||||
2 | the parent or parents, purchase one or more or all | ||||||
3 | health, dental, or vision insurance policies for the | ||||||
4 | child, or provide for the child's current and future | ||||||
5 | medical needs through some other manner. | ||||||
6 | (B) The court, in its discretion, may order either | ||||||
7 | or both parents to contribute to the reasonable health | ||||||
8 | care needs of the child not covered by insurance, | ||||||
9 | including, but not limited to, unreimbursed medical, | ||||||
10 | dental, orthodontic, or vision expenses and any | ||||||
11 | prescription medication for the child not covered | ||||||
12 | under the child's health insurance. | ||||||
13 | (C) If neither parent has access to appropriate | ||||||
14 | private health insurance coverage, the court may | ||||||
15 | order: | ||||||
16 | (I) one or both parents to provide health | ||||||
17 | insurance coverage at any time it becomes | ||||||
18 | available at a reasonable cost; or | ||||||
19 | (II) the parent or non-parent custodian with | ||||||
20 | primary physical responsibility for the child to | ||||||
21 | apply for public health insurance coverage for the | ||||||
22 | child and require either or both parents to pay a | ||||||
23 | reasonable amount of the cost of health insurance | ||||||
24 | for the child. | ||||||
25 | The order may also provide that any time private | ||||||
26 | health insurance coverage is available at a reasonable |
| |||||||
| |||||||
1 | cost to that party it will be provided instead of cash | ||||||
2 | medical support. As used in this Section, "cash medical | ||||||
3 | support" means an amount ordered to be paid toward the | ||||||
4 | cost of health insurance provided by a public entity or | ||||||
5 | by another person through employment or otherwise or | ||||||
6 | for other medical costs not covered by insurance. | ||||||
7 | (D) The amount to be added to the basic child | ||||||
8 | support obligation shall be the actual amount of the | ||||||
9 | total health insurance premium that is attributable to | ||||||
10 | the child who is the subject of the order. If this | ||||||
11 | amount is not available or cannot be verified, the | ||||||
12 | total cost of the health insurance premium shall be | ||||||
13 | divided by the total number of persons covered by the | ||||||
14 | policy. The cost per person derived from this | ||||||
15 | calculation shall be multiplied by the number of | ||||||
16 | children who are the subject of the order and who are | ||||||
17 | covered under the health insurance policy. This amount | ||||||
18 | shall be added to the basic child support obligation | ||||||
19 | and shall be allocated between the parents in | ||||||
20 | proportion to their respective net incomes. | ||||||
21 | (E) After the health insurance premium for the | ||||||
22 | child is added to the basic child support obligation | ||||||
23 | and allocated between the parents in proportion to | ||||||
24 | their respective incomes for child support purposes, | ||||||
25 | if the obligor is paying the premium, the amount | ||||||
26 | calculated for the obligee's share of the health |
| |||||||
| |||||||
1 | insurance premium for the child shall be deducted from | ||||||
2 | the obligor's share of the total child support | ||||||
3 | obligation. If the obligee is paying for private health | ||||||
4 | insurance for the child, the child support obligation | ||||||
5 | shall be increased by the obligor's share of the | ||||||
6 | premium payment. The obligor's and obligee's portion | ||||||
7 | of health insurance costs shall appear in the support | ||||||
8 | order. | ||||||
9 | (F) Prior to allowing the health insurance | ||||||
10 | adjustment, the parent requesting the adjustment must | ||||||
11 | submit proof that the child has been enrolled in a | ||||||
12 | health insurance plan and must submit proof of the cost | ||||||
13 | of the premium. The court shall require the parent | ||||||
14 | receiving the adjustment to annually submit proof of | ||||||
15 | continued coverage of the child to the other parent, or | ||||||
16 | as designated by the court. | ||||||
17 | (G) A reasonable cost for providing health | ||||||
18 | insurance coverage for the child may not exceed 5% of | ||||||
19 | the providing parent's gross income. Parents with a net | ||||||
20 | income below 133% of the most recent United States | ||||||
21 | Department of Health and Human Services Federal | ||||||
22 | Poverty Guidelines or whose child is covered by | ||||||
23 | Medicaid based on that parent's income may not be | ||||||
24 | ordered to contribute toward or provide private | ||||||
25 | coverage, unless private coverage is obtainable | ||||||
26 | without any financial contribution by that parent. |
| |||||||
| |||||||
1 | (H) If dental or vision insurance is included as | ||||||
2 | part of the employer's medical plan, the coverage shall | ||||||
3 | be maintained for the child. If not included in the | ||||||
4 | employer's medical plan, adding the dental or vision | ||||||
5 | insurance for the child is at the discretion of the | ||||||
6 | court. | ||||||
7 | (I) If a parent has been directed to provide health | ||||||
8 | insurance pursuant to this paragraph and that parent's | ||||||
9 | spouse or legally recognized partner provides the | ||||||
10 | insurance for the benefit of the child either directly | ||||||
11 | or through employment, a credit on the child support | ||||||
12 | worksheet shall be given to that parent in the same | ||||||
13 | manner as if the premium were paid by that parent.
| ||||||
14 | (4.5) In a proceeding for child support following | ||||||
15 | dissolution of the
marriage or civil union by a court that | ||||||
16 | lacked personal jurisdiction over the absent spouse,
and in | ||||||
17 | which the court is requiring payment of support for the | ||||||
18 | period before
the date an order for current support is | ||||||
19 | entered, there is a rebuttable
presumption
that the | ||||||
20 | obligor's net income for the prior period was the same as | ||||||
21 | his
or her net income at the time the order for current | ||||||
22 | support is entered.
| ||||||
23 | (5) If the net income cannot be determined because of | ||||||
24 | default or any
other reason, the court shall order support | ||||||
25 | in an amount considered
reasonable in the particular case. | ||||||
26 | The final order in all cases shall
state the support level |
| |||||||
| |||||||
1 | in dollar amounts.
However, if the
court finds that the | ||||||
2 | child support amount cannot be expressed exclusively as a
| ||||||
3 | dollar amount because all or a portion of the obligor's net | ||||||
4 | income is uncertain
as to source, time of payment, or | ||||||
5 | amount, the court may order a percentage
amount of support | ||||||
6 | in addition to a specific dollar amount and enter
such | ||||||
7 | other orders as may be necessary to determine and enforce, | ||||||
8 | on a timely
basis, the applicable support ordered.
| ||||||
9 | (6) If (i) the obligor was properly served with a | ||||||
10 | request
for
discovery of financial information relating to | ||||||
11 | the obligor's
ability to
provide child support, (ii) the | ||||||
12 | obligor failed to comply with the
request,
despite having | ||||||
13 | been ordered to do so by the court, and (iii) the obligor | ||||||
14 | is not present at the hearing to determine support despite | ||||||
15 | having
received
proper notice, then any relevant financial | ||||||
16 | information concerning the obligor's
ability to provide | ||||||
17 | child support that was obtained
pursuant to
subpoena and | ||||||
18 | proper notice shall be admitted into evidence without the | ||||||
19 | need to
establish any further foundation for its admission.
| ||||||
20 | (a-5) In an action to enforce an order for child support | ||||||
21 | based on the obligor's
failure
to make support payments as | ||||||
22 | required by the order, notice of proceedings to
hold the | ||||||
23 | obligor in contempt for that failure may be served on the | ||||||
24 | obligor
by personal service or by regular mail addressed to the | ||||||
25 | last known address of the obligor. The last known address of | ||||||
26 | the obligor may be determined from
records of the clerk of the |
| |||||||
| |||||||
1 | court, from the Federal Case Registry of Child
Support Orders, | ||||||
2 | or by any other reasonable means.
| ||||||
3 | (b) Failure of either parent to comply with an order to pay | ||||||
4 | support shall
be punishable as in other cases of contempt. In | ||||||
5 | addition to other
penalties provided by law the court may, | ||||||
6 | after finding the parent guilty
of contempt, order that the | ||||||
7 | parent be:
| ||||||
8 | (1) placed on probation with such conditions of | ||||||
9 | probation as the court
deems advisable;
| ||||||
10 | (2) sentenced to periodic imprisonment for a period not | ||||||
11 | to exceed 6
months; provided, however, that the court may | ||||||
12 | permit the parent to be
released for periods of time during | ||||||
13 | the day or night to:
| ||||||
14 | (A) work; or
| ||||||
15 | (B) conduct a business or other self-employed | ||||||
16 | occupation.
| ||||||
17 | The court may further order any part or all of the earnings | ||||||
18 | of a parent
during a sentence of periodic imprisonment paid to | ||||||
19 | the Clerk of the Circuit
Court or to the parent having physical | ||||||
20 | possession of the child or to the non-parent custodian having | ||||||
21 | custody
of the child of the sentenced parent for the support of | ||||||
22 | the child until further order of the court.
| ||||||
23 | If a parent who is found guilty of contempt for failure to | ||||||
24 | comply with an order to pay support is a person who conducts a | ||||||
25 | business or who is self-employed, the court in addition to | ||||||
26 | other penalties provided by law may order that the parent do |
| |||||||
| |||||||
1 | one or more of the following: (i) provide to the court monthly | ||||||
2 | financial statements showing income and expenses from the | ||||||
3 | business or the self-employment; (ii) seek employment and | ||||||
4 | report periodically to the court with a diary, listing, or | ||||||
5 | other memorandum of his or her employment search efforts; or | ||||||
6 | (iii) report to the Department of Employment Security for job | ||||||
7 | search services to find employment that will be subject to | ||||||
8 | withholding for child support. | ||||||
9 | If there is a unity of interest and ownership sufficient to | ||||||
10 | render no
financial separation between an obligor and another | ||||||
11 | person or
persons or business entity, the court may pierce the | ||||||
12 | ownership veil of the
person, persons, or business entity to | ||||||
13 | discover assets of the obligor held in the name of that person, | ||||||
14 | those persons, or that business entity.
The following | ||||||
15 | circumstances are sufficient to authorize a court to order
| ||||||
16 | discovery of the assets of a person, persons, or business | ||||||
17 | entity and to compel
the application of any discovered assets | ||||||
18 | toward payment on the judgment for
support:
| ||||||
19 | (1) the obligor and the person, persons, or business | ||||||
20 | entity
maintain records together.
| ||||||
21 | (2) the obligor and the person, persons, or business | ||||||
22 | entity
fail to maintain an arm's length relationship | ||||||
23 | between themselves with regard to
any assets.
| ||||||
24 | (3) the obligor transfers assets to the person, | ||||||
25 | persons,
or business entity with the intent to perpetrate a | ||||||
26 | fraud on the obligee.
|
| |||||||
| |||||||
1 | With respect to assets which
are real property, no order | ||||||
2 | entered under this paragraph shall affect the
rights of bona | ||||||
3 | fide purchasers, mortgagees, judgment creditors, or other lien
| ||||||
4 | holders who acquire their interests in the property prior to | ||||||
5 | the time a notice
of lis pendens pursuant to the Code of Civil | ||||||
6 | Procedure or a copy of the order
is placed of record in the | ||||||
7 | office of the recorder of deeds for the county in
which the | ||||||
8 | real property is located.
| ||||||
9 | The court may also order in cases where the parent is 90 | ||||||
10 | days or more
delinquent in payment of support or has been | ||||||
11 | adjudicated in arrears in an
amount equal to 90 days obligation | ||||||
12 | or more, that the parent's Illinois driving
privileges be | ||||||
13 | suspended until the court
determines that the parent is in | ||||||
14 | compliance with the order of support.
The court may also order | ||||||
15 | that the parent be issued a family financial
responsibility | ||||||
16 | driving permit that would allow limited driving privileges for
| ||||||
17 | employment and medical purposes in accordance with Section | ||||||
18 | 7-702.1 of the
Illinois Vehicle Code. The Clerk of the Circuit | ||||||
19 | Court shall certify the order
suspending the driving privileges | ||||||
20 | of the parent or granting the issuance of a
family financial | ||||||
21 | responsibility driving permit to the Secretary of State on
| ||||||
22 | forms prescribed by the Secretary of State. Upon receipt of the | ||||||
23 | authenticated
documents, the Secretary of State shall suspend | ||||||
24 | the parent's driving privileges
until further order of the | ||||||
25 | court and shall, if ordered by the court, subject to
the | ||||||
26 | provisions of Section 7-702.1 of the Illinois Vehicle Code, |
| |||||||
| |||||||
1 | issue a family
financial responsibility driving permit to the | ||||||
2 | parent.
| ||||||
3 | In addition to the penalties or punishment that may be | ||||||
4 | imposed under this
Section, any person whose conduct | ||||||
5 | constitutes a violation of Section 15 of the
Non-Support | ||||||
6 | Punishment Act may be prosecuted under that Act, and a person
| ||||||
7 | convicted under that Act may be sentenced in accordance with | ||||||
8 | that Act. The
sentence may include but need not be limited to a | ||||||
9 | requirement that the person
perform community service under | ||||||
10 | Section 50 of that Act or participate in a work
alternative | ||||||
11 | program under Section 50 of that Act. A person may not be | ||||||
12 | required
to participate in a work alternative program under | ||||||
13 | Section 50 of that Act if
the person is currently participating | ||||||
14 | in a work program pursuant to Section
505.1 of this Act.
| ||||||
15 | A support obligation, or any portion of a support | ||||||
16 | obligation, which becomes
due and remains unpaid as of the end | ||||||
17 | of each month, excluding the child support that was due for | ||||||
18 | that month to the extent that it was not paid in that month, | ||||||
19 | shall accrue simple interest as set forth in Section 12-109 of | ||||||
20 | the Code of Civil Procedure.
An order for support entered or | ||||||
21 | modified on or after January 1, 2006 shall
contain a statement | ||||||
22 | that a support obligation required under the order, or any
| ||||||
23 | portion of a support obligation required under the order, that | ||||||
24 | becomes due and
remains unpaid as of the end of each month, | ||||||
25 | excluding the child support that was due for that month to the | ||||||
26 | extent that it was not paid in that month, shall accrue simple |
| |||||||
| |||||||
1 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
2 | Procedure. Failure to include the statement in the order for | ||||||
3 | support does
not affect the validity of the order or the | ||||||
4 | accrual of interest as provided in
this Section.
| ||||||
5 | (c) A one-time charge of 20% is imposable upon the amount | ||||||
6 | of
past-due child support owed on July 1, 1988 which has | ||||||
7 | accrued under a
support order entered by the court. The charge | ||||||
8 | shall be imposed in
accordance with the provisions of Section | ||||||
9 | 10-21 of the Illinois Public Aid
Code and shall be enforced by | ||||||
10 | the court upon petition.
| ||||||
11 | (d) Any new or existing support order entered by the court
| ||||||
12 | under this Section shall be deemed to be a series of judgments | ||||||
13 | against the
person obligated to pay support thereunder, each | ||||||
14 | such judgment to be in the
amount of each payment or | ||||||
15 | installment of support and each such judgment to
be deemed | ||||||
16 | entered as of the date the corresponding payment or installment
| ||||||
17 | becomes due under the terms of the support order. Each such | ||||||
18 | judgment shall
have the full force, effect and attributes of | ||||||
19 | any other judgment of this
State, including the ability to be | ||||||
20 | enforced.
Notwithstanding any other State or local law to the | ||||||
21 | contrary, a lien arises by operation of law against the real | ||||||
22 | and personal property of
the obligor for each installment of | ||||||
23 | overdue support owed by the obligor.
| ||||||
24 | (e) When child support is to be paid through the Clerk of | ||||||
25 | the Court in a
county of 500,000 inhabitants or less, the order | ||||||
26 | shall direct the obligor to pay to the Clerk, in addition to |
| |||||||
| |||||||
1 | the child support payments, all fees
imposed by the county | ||||||
2 | board under paragraph (4) of subsection (bb) of
Section 27.1a | ||||||
3 | of the Clerks of Courts Act. When child support is to be paid | ||||||
4 | through the clerk of the court in a
county of more than 500,000 | ||||||
5 | but less than 3,000,000 inhabitants, the order shall direct the | ||||||
6 | obligor
to pay to the clerk, in addition to the child support | ||||||
7 | payments, all fees
imposed by the county board under paragraph | ||||||
8 | (4) of subsection (bb) of
Section 27.2 of the Clerks of Courts | ||||||
9 | Act. Unless paid pursuant to
an Income Withholding Order/Notice | ||||||
10 | for Support, the payment of the fee shall be by payment | ||||||
11 | acceptable to the clerk and shall be made to the order of the
| ||||||
12 | Clerk.
| ||||||
13 | (f) All orders for support, when entered or
modified, shall | ||||||
14 | include a provision requiring the obligor to notify
the court | ||||||
15 | and, in cases in which a party is receiving child and spouse
| ||||||
16 | services under Article X of the Illinois Public Aid Code, the
| ||||||
17 | Department of Healthcare and Family Services, within 7 days, | ||||||
18 | (i) of the name and address
of any new employer of the obligor, | ||||||
19 | (ii) whether the obligor has access to
health insurance | ||||||
20 | coverage through the employer or other group coverage and,
if | ||||||
21 | so, the policy name and number and the names of persons covered | ||||||
22 | under
the policy, except only the initials of any covered | ||||||
23 | minors shall be included, and (iii) of any new residential or | ||||||
24 | mailing address or telephone
number of the obligor. In any | ||||||
25 | subsequent action to enforce a
support order, upon a sufficient | ||||||
26 | showing that a diligent effort has been made
to ascertain the |
| |||||||
| |||||||
1 | location of the obligor, service of process or
provision of | ||||||
2 | notice necessary in the case may be made at the last known
| ||||||
3 | address of the obligor in any manner expressly provided by the
| ||||||
4 | Code of Civil Procedure or this Act, which service shall be | ||||||
5 | sufficient for
purposes of due process.
| ||||||
6 | (g) An order for support shall include a date on which the | ||||||
7 | current
support obligation terminates. The termination date | ||||||
8 | shall be no earlier than
the date on which the child covered by | ||||||
9 | the order will attain the age of
18. However, if the child will | ||||||
10 | not graduate from high school until after
attaining the age of | ||||||
11 | 18, then the termination date shall be no earlier than the
| ||||||
12 | earlier of the date on which the child's high school graduation | ||||||
13 | will occur or
the date on which the child will attain the age | ||||||
14 | of 19. The order for support
shall state that the termination | ||||||
15 | date does not apply to any arrearage that may
remain unpaid on | ||||||
16 | that date. Nothing in this subsection shall be construed to
| ||||||
17 | prevent the court from modifying the order or terminating the | ||||||
18 | order in the
event the child is otherwise emancipated.
| ||||||
19 | (g-5) If there is an unpaid arrearage or delinquency (as | ||||||
20 | those terms are defined in the Income Withholding for Support | ||||||
21 | Act) equal to at least one month's support obligation on the | ||||||
22 | termination date stated in the order for support or, if there | ||||||
23 | is no termination date stated in the order, on the date the | ||||||
24 | child attains the age of majority or is otherwise emancipated, | ||||||
25 | the periodic amount required to be paid for current support of | ||||||
26 | that child immediately prior to that date shall automatically |
| |||||||
| |||||||
1 | continue to be an obligation, not as current support but as | ||||||
2 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
3 | delinquency. That periodic payment shall be in addition to any | ||||||
4 | periodic payment previously required for satisfaction of the | ||||||
5 | arrearage or delinquency. The total periodic amount to be paid | ||||||
6 | toward satisfaction of the arrearage or delinquency may be | ||||||
7 | enforced and collected by any method provided by law for | ||||||
8 | enforcement and collection of child support, including but not | ||||||
9 | limited to income withholding under the Income Withholding for | ||||||
10 | Support Act. Each order for support entered or modified on or | ||||||
11 | after January 1, 2005 (the effective date of Public Act | ||||||
12 | 93-1061) must contain a statement notifying the parties of the | ||||||
13 | requirements of this subsection. Failure to include the | ||||||
14 | statement in the order for support does not affect the validity | ||||||
15 | of the order or the operation of the provisions of this | ||||||
16 | subsection with regard to the order. This subsection shall not | ||||||
17 | be construed to prevent or affect the establishment or | ||||||
18 | modification of an order for support of a minor child or the | ||||||
19 | establishment or modification of an order for support of a | ||||||
20 | non-minor child or educational expenses under Section 513 of | ||||||
21 | this Act.
| ||||||
22 | (h) An order entered under this Section shall include a | ||||||
23 | provision requiring
either parent to report to the other parent | ||||||
24 | and to the Clerk of Court within 10 days each time either | ||||||
25 | parent obtains new employment, and each time either parent's
| ||||||
26 | employment is terminated for any reason. The report shall be in |
| |||||||
| |||||||
1 | writing and
shall, in the case of new employment, include the | ||||||
2 | name and address of the new
employer. Failure to report new | ||||||
3 | employment or the termination of current
employment, if coupled | ||||||
4 | with nonpayment of support for a period in excess of 60
days, | ||||||
5 | is indirect criminal contempt. For either parent arrested for | ||||||
6 | failure to report new employment bond shall be set in the | ||||||
7 | amount of the child support that should have been paid during | ||||||
8 | the period of unreported employment. An order entered under | ||||||
9 | this Section shall also include a provision requiring either | ||||||
10 | obligor
and obligee to advise the other of a change in | ||||||
11 | residence within 5 days
of the change except when the court | ||||||
12 | finds that the physical, mental, or
emotional health of a party | ||||||
13 | or that of a child, or both, would be
seriously endangered by | ||||||
14 | disclosure of the party's address.
| ||||||
15 | (i) The court does not lose the powers of contempt, | ||||||
16 | driver's license
suspension, or other child support | ||||||
17 | enforcement mechanisms, including, but
not limited to, | ||||||
18 | criminal prosecution as set forth in this Act, upon the
| ||||||
19 | emancipation of the minor child.
| ||||||
20 | (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764, | ||||||
21 | eff. 7-1-17; 100-15, eff. 7-1-17; 100-863, eff. 8-14-18; | ||||||
22 | 100-923, eff. 1-1-19 .)
| ||||||
23 | (750 ILCS 5/607.5) | ||||||
24 | Sec. 607.5. Abuse of allocated parenting time. | ||||||
25 | (a) The court shall provide an expedited procedure for the |
| |||||||
| |||||||
1 | enforcement of allocated parenting time. | ||||||
2 | (b) An action for the enforcement of allocated parenting | ||||||
3 | time may be commenced by a parent or a person appointed under | ||||||
4 | Section 506 by filing a petition setting forth: (i) the | ||||||
5 | petitioner's name and residence address or mailing address, | ||||||
6 | except that if the petition states that disclosure of | ||||||
7 | petitioner's address would risk abuse of petitioner or any | ||||||
8 | member of petitioner's family or household or reveal the | ||||||
9 | confidential address of a shelter for domestic violence | ||||||
10 | victims, that address may be omitted from the petition; (ii) | ||||||
11 | the respondent's name and place of residence, place of | ||||||
12 | employment, or mailing address; (iii) the terms of the | ||||||
13 | parenting plan or allocation judgment then in effect; (iv) the | ||||||
14 | nature of the violation of the allocation of parenting time, | ||||||
15 | giving dates and other relevant information; and (v) that a | ||||||
16 | reasonable attempt was made to resolve the dispute. | ||||||
17 | (c) If the court finds by a preponderance of the evidence | ||||||
18 | that a parent has not complied with allocated parenting time | ||||||
19 | according to an approved parenting plan or a court order, the | ||||||
20 | court, in the child's best interests, shall issue an order that | ||||||
21 | may include one or more of the following: | ||||||
22 | (1) an imposition of additional terms and conditions | ||||||
23 | consistent with the court's previous allocation of | ||||||
24 | parenting time or other order; | ||||||
25 | (2) a requirement that either or both of the parties | ||||||
26 | attend a parental education program at the expense of the |
| |||||||
| |||||||
1 | non-complying parent; | ||||||
2 | (3) upon consideration of all relevant factors, | ||||||
3 | particularly a history or possibility of domestic | ||||||
4 | violence, a requirement that the parties participate in | ||||||
5 | family or individual counseling, the expense of which shall | ||||||
6 | be allocated by the court; if counseling is ordered, all | ||||||
7 | counseling sessions shall be confidential, and the | ||||||
8 | communications in counseling shall not be used in any | ||||||
9 | manner in litigation nor relied upon by an expert appointed | ||||||
10 | by the court or retained by any party; | ||||||
11 | (4) a requirement that the non-complying parent post a | ||||||
12 | cash bond or other security to ensure future compliance, | ||||||
13 | including a provision that the bond or other security may | ||||||
14 | be forfeited to the other parent for payment of expenses on | ||||||
15 | behalf of the child as the court shall direct; | ||||||
16 | (5) a requirement that makeup parenting time be | ||||||
17 | provided for the aggrieved parent or child under the | ||||||
18 | following conditions: | ||||||
19 | (A) that the parenting time is of the same type and | ||||||
20 | duration as the parenting time that was denied, | ||||||
21 | including but not limited to parenting time during | ||||||
22 | weekends, on holidays, and on weekdays and during times | ||||||
23 | when the child is not in school; | ||||||
24 | (B) that the parenting time is made up within 6 | ||||||
25 | months after the noncompliance occurs, unless the | ||||||
26 | period of time or holiday cannot be made up within 6 |
| |||||||
| |||||||
1 | months, in which case the parenting time shall be made | ||||||
2 | up within one year after the noncompliance occurs; | ||||||
3 | (6) a finding that the non-complying parent is in | ||||||
4 | contempt of court; | ||||||
5 | (7) an imposition on the non-complying parent of an | ||||||
6 | appropriate civil fine per incident of denied parenting | ||||||
7 | time; | ||||||
8 | (8) a requirement that the non-complying parent | ||||||
9 | reimburse the other parent for all reasonable expenses | ||||||
10 | incurred as a result of the violation of the parenting plan | ||||||
11 | or court order; and | ||||||
12 | (9) any other provision that may promote the child's | ||||||
13 | best interests. | ||||||
14 | (d) In addition to any other order entered under subsection | ||||||
15 | (c), except for good cause shown, the court shall order a | ||||||
16 | parent who has failed to provide allocated parenting time or to | ||||||
17 | exercise allocated parenting time to pay the aggrieved party | ||||||
18 | his or her reasonable attorney's fees, court costs, and | ||||||
19 | expenses associated with an action brought under this Section. | ||||||
20 | If the court finds that the respondent in an action brought | ||||||
21 | under this Section has not violated the allocated parenting | ||||||
22 | time, the court may order the petitioner to pay the | ||||||
23 | respondent's reasonable attorney's fees, court costs, and | ||||||
24 | expenses incurred in the action. | ||||||
25 | (e) Nothing in this Section precludes a party from | ||||||
26 | maintaining any other action as provided by law. |
| |||||||
| |||||||
1 | (f) When the court issues an order holding a party in | ||||||
2 | contempt for violation of a parenting time order and finds that | ||||||
3 | the party engaged in parenting time abuse, the court may order | ||||||
4 | one or more of the following: | ||||||
5 | (1) (Blank). Suspension of a party's Illinois driving | ||||||
6 | privileges pursuant to Section 7-703 of the Illinois | ||||||
7 | Vehicle Code until the court determines that the party is | ||||||
8 | in compliance with the parenting time order. The court may | ||||||
9 | also order that a party be issued a family financial | ||||||
10 | responsibility driving permit that would allow limited | ||||||
11 | driving privileges for employment, for medical purposes, | ||||||
12 | and to transport a child to or from scheduled parenting | ||||||
13 | time in order to comply with a parenting time order in | ||||||
14 | accordance with subsection (a-1) of Section 7-702.1 of the | ||||||
15 | Illinois Vehicle Code. | ||||||
16 | (2) Placement of a party on probation with such | ||||||
17 | conditions of probation as the court deems advisable. | ||||||
18 | (3) Sentencing of a party to periodic imprisonment for | ||||||
19 | a period not to exceed 6 months; provided, that the court | ||||||
20 | may permit the party to be released for periods of time | ||||||
21 | during the day or night to: | ||||||
22 | (A) work; or | ||||||
23 | (B) conduct a business or other self-employed | ||||||
24 | occupation. | ||||||
25 | (4) Find that a party in engaging in parenting time | ||||||
26 | abuse is guilty of a petty offense and should be fined an |
| |||||||
| |||||||
1 | amount of no more than $500 for each finding of parenting | ||||||
2 | time abuse. | ||||||
3 | (g) When the court issues an order holding a party in | ||||||
4 | contempt of court for violation of a parenting order, the clerk | ||||||
5 | shall transmit a copy of the contempt order to the sheriff of | ||||||
6 | the county. The sheriff shall furnish a copy of each contempt | ||||||
7 | order to the Department of State Police on a daily basis in the | ||||||
8 | form and manner required by the Department. The Department | ||||||
9 | shall maintain a complete record and index of the contempt | ||||||
10 | orders and make this data available to all local law | ||||||
11 | enforcement agencies. | ||||||
12 | (h) Nothing contained in this Section shall be construed to | ||||||
13 | limit the court's contempt power.
| ||||||
14 | (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17 .)
| ||||||
15 | Section 25. The Non-Support Punishment Act is amended by | ||||||
16 | changing Section 50 as follows:
| ||||||
17 | (750 ILCS 16/50)
| ||||||
18 | Sec. 50. Community service; work alternative program.
| ||||||
19 | (a) In addition to any other penalties imposed against an | ||||||
20 | offender under
this Act, the court may order the offender to | ||||||
21 | perform community service for
not less than 30 and not more | ||||||
22 | than 120 hours per month, if community service is
available in | ||||||
23 | the jurisdiction and is funded and approved by the county board
| ||||||
24 | of the county where the offense was committed. In addition, |
| |||||||
| |||||||
1 | whenever any
person is placed on supervision for committing an | ||||||
2 | offense under this Act, the
supervision shall be conditioned on | ||||||
3 | the performance of the community service.
| ||||||
4 | (b) In addition to any other penalties imposed against an | ||||||
5 | offender under
this Act, the court may sentence the offender to | ||||||
6 | service in a work alternative
program administered by the | ||||||
7 | sheriff. The conditions of the program are that
the offender | ||||||
8 | obtain or retain employment and participate in a work | ||||||
9 | alternative
program administered by the sheriff during | ||||||
10 | non-working hours. A person may not
be required to participate | ||||||
11 | in a work alternative program under this subsection
if the | ||||||
12 | person is currently participating in a work program pursuant to | ||||||
13 | another
provision of this Act, Section 10-11.1 of the Illinois | ||||||
14 | Public Aid Code, Section
505.1 of the Illinois Marriage and | ||||||
15 | Dissolution of Marriage Act, or Section
806 of the Illinois | ||||||
16 | Parentage Act of 2015.
| ||||||
17 | (c) In addition to any other penalties imposed against an | ||||||
18 | offender under
this Act, the court may order, in cases where | ||||||
19 | the offender has been in
violation of this Act for 90 days or | ||||||
20 | more, that the offender's Illinois
driving privileges be | ||||||
21 | suspended until the court determines that the offender
is in | ||||||
22 | compliance with this Act.
| ||||||
23 | The court may determine that the offender is in compliance | ||||||
24 | with this Act
if the offender has agreed (i) to pay all | ||||||
25 | required amounts of support and
maintenance as determined by | ||||||
26 | the court or (ii) to the garnishment of his or
her income for |
| |||||||
| |||||||
1 | the purpose of paying those
amounts.
| ||||||
2 | The court may also order that the offender be issued a | ||||||
3 | family
financial responsibility driving permit that would | ||||||
4 | allow limited
driving privileges for employment and medical | ||||||
5 | purposes in
accordance with Section 7-702.1 of the Illinois | ||||||
6 | Vehicle Code.
The clerk of the circuit court shall certify the | ||||||
7 | order suspending
the driving privileges of the offender or | ||||||
8 | granting the issuance of a
family financial responsibility | ||||||
9 | driving permit to the Secretary of State
on forms prescribed by | ||||||
10 | the Secretary. Upon receipt of the authenticated
documents, the | ||||||
11 | Secretary of State shall suspend the offender's driving
| ||||||
12 | privileges until further order of the court and shall, if | ||||||
13 | ordered by the
court, subject to the provisions of Section | ||||||
14 | 7-702.1 of the Illinois Vehicle
Code, issue a family financial | ||||||
15 | responsibility driving permit to the offender.
| ||||||
16 | (d) If the court determines that the offender has been in | ||||||
17 | violation of this
Act for more than 60 days, the court may | ||||||
18 | determine whether the offender has
applied for or been issued a | ||||||
19 | professional license by the Department of
Professional | ||||||
20 | Regulation or another licensing agency. If the court determines
| ||||||
21 | that the offender has applied for or been issued such a | ||||||
22 | license, the court may
certify to the Department of | ||||||
23 | Professional Regulation or other licensing agency
that the | ||||||
24 | offender has been in violation of this Act for more than 60 | ||||||
25 | days so
that the Department or other agency may take | ||||||
26 | appropriate steps with respect
to the license or application as |
| |||||||
| |||||||
1 | provided in Section 10-65 of the Illinois
Administrative | ||||||
2 | Procedure Act and Section 2105-15 of the Department of
| ||||||
3 | Professional Regulation Law of the Civil Administrative Code of
| ||||||
4 | Illinois. The court may take the actions required under this | ||||||
5 | subsection in
addition to imposing any other penalty authorized | ||||||
6 | under this Act.
| ||||||
7 | (Source: P.A. 99-85, eff. 1-1-16 .)
| ||||||
8 | Section 30. The Illinois Parentage Act of 2015 is amended | ||||||
9 | by changing Section 805 as follows:
| ||||||
10 | (750 ILCS 46/805) | ||||||
11 | Sec. 805. Enforcement of judgment or order. | ||||||
12 | (a) If the existence of the parent-child relationship is | ||||||
13 | declared, or if parentage or a duty of support has been | ||||||
14 | established under this Act or under prior law or under the law | ||||||
15 | of any other jurisdiction, the judgment rendered thereunder may | ||||||
16 | be enforced in the same or in other proceedings by any party or | ||||||
17 | any person or agency that has furnished or may furnish | ||||||
18 | financial assistance or services to the child. The Income | ||||||
19 | Withholding for Support Act and Sections 802 and 808 of this | ||||||
20 | Act shall also be applicable with respect to the entry, | ||||||
21 | modification, and enforcement of a support judgment entered | ||||||
22 | under the Paternity Act, approved July 5, 1957 and repealed | ||||||
23 | July 1, 1985.
| ||||||
24 | (b) Failure to comply with an order of the court shall be |
| |||||||
| |||||||
1 | punishable as contempt as in other cases of failure to comply | ||||||
2 | under the Illinois Marriage and Dissolution of Marriage Act. In | ||||||
3 | addition to other penalties provided by law, the court may, | ||||||
4 | after finding the party guilty of contempt, take the following | ||||||
5 | action:
| ||||||
6 | (1) Order that the party be placed on probation with | ||||||
7 | such conditions of
probation as the court deems advisable. | ||||||
8 | (2) Order that the party be sentenced to periodic | ||||||
9 | imprisonment for a period not to exceed 6 months. However, | ||||||
10 | the court may permit the party to be released for periods | ||||||
11 | of time during the day or night to work, conduct business, | ||||||
12 | or engage in other self-employed occupation. The court may | ||||||
13 | further order any part of all the earnings of a party | ||||||
14 | during a sentence of periodic imprisonment to be paid to | ||||||
15 | the clerk of the circuit court or to the person or parent | ||||||
16 | having custody of or having been allocated parental | ||||||
17 | responsibilities for the minor child for the support of the | ||||||
18 | child until further order of the court.
| ||||||
19 | (3) Pierce the ownership veil of a person, persons, or | ||||||
20 | business entity to discover assets of a non-custodial | ||||||
21 | parent held in the name of that person, those persons, or | ||||||
22 | that business entity, if there is a unity of interest and | ||||||
23 | ownership sufficient to render no financial separation | ||||||
24 | between the non-custodial parent and that person, those | ||||||
25 | persons, or the business entity. The following | ||||||
26 | circumstances are sufficient for a court to order discovery |
| |||||||
| |||||||
1 | of the assets of a person, persons, or business entity and | ||||||
2 | to compel the application of any discovered assets toward | ||||||
3 | payment of the judgment for support:
| ||||||
4 | (A) the non-custodial parent and the person, | ||||||
5 | persons, or business entity maintain records together.
| ||||||
6 | (B) the non-custodial parent and the person, | ||||||
7 | persons, or business entity fail to maintain an | ||||||
8 | arm's-length relationship between themselves with | ||||||
9 | regard to any assets.
| ||||||
10 | (C) the non-custodial parent transfers assets to | ||||||
11 | the person, persons, or business entity with the intent | ||||||
12 | to perpetrate a fraud on the custodial parent.
With | ||||||
13 | respect to assets which are real property, no order | ||||||
14 | entered under this subdivision (3) shall affect the | ||||||
15 | rights of bona fide purchasers, mortgagees, judgment | ||||||
16 | creditors, or other lien holders who acquire their | ||||||
17 | interests in the property prior to the time a notice of | ||||||
18 | lis pendens under the Code of Civil Procedure or a copy | ||||||
19 | of the order is placed of record in the office of the | ||||||
20 | recorder of deeds for the county in which the real | ||||||
21 | property is located.
| ||||||
22 | (4) (Blank). Order that, in cases where the party is 90 | ||||||
23 | days or more delinquent in payment of support or has been | ||||||
24 | adjudicated in arrears in an amount equal to 90 days | ||||||
25 | obligation or more, the party's Illinois driving | ||||||
26 | privileges be suspended until the court determines that the |
| |||||||
| |||||||
1 | party is in compliance with the judgment or duty of | ||||||
2 | support. The court may also order that the parent be issued | ||||||
3 | a family financial responsibility driving permit that | ||||||
4 | would allow limited driving privileges for employment and | ||||||
5 | medical purposes in accordance with Section 7-702.1 of the | ||||||
6 | Illinois Vehicle Code. The clerk of the circuit court shall | ||||||
7 | certify the order suspending the driving privileges of the | ||||||
8 | parent or granting the issuance of a family financial | ||||||
9 | responsibility driving permit to the Secretary of State on | ||||||
10 | forms prescribed by the Secretary. Upon receipt of the | ||||||
11 | authenticated documents, the Secretary of State shall | ||||||
12 | suspend the party's driving privileges until further order | ||||||
13 | of the court and shall, if ordered by the court and subject | ||||||
14 | to the provisions of Section 7-702.1 of the Illinois | ||||||
15 | Vehicle Code, issue a family financial responsibility | ||||||
16 | driving permit to the parent.
| ||||||
17 | In addition to the penalties or punishment that may be | ||||||
18 | imposed under this Section, a person whose conduct constitutes | ||||||
19 | a violation of Section 15 of the Non-Support Punishment Act may | ||||||
20 | be prosecuted under that Act, and a person convicted under that | ||||||
21 | Act may be sentenced in accordance with that Act. The sentence | ||||||
22 | may include, but need not be limited to, a requirement that the | ||||||
23 | person perform community service under Section 50 of that Act | ||||||
24 | or participate in a work alternative program under Section 50 | ||||||
25 | of that Act. A person may not be required to participate in a | ||||||
26 | work alternative program under Section 50 of the Non-Support |
| |||||||
| |||||||
1 | Punishment Act if the person is currently participating in a | ||||||
2 | work program under Section 806 of this Act.
| ||||||
3 | (c) In a post-judgment proceeding to enforce or modify the | ||||||
4 | judgment, the parties shall continue to be designated as in the | ||||||
5 | original proceeding.
| ||||||
6 | (Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17 .)
| ||||||
7 | (625 ILCS 5/Ch. 7 Art. VII rep.) | ||||||
8 | Section 35. The Illinois Vehicle Code is amended by | ||||||
9 | repealing Article VII of Chapter 7.
|