093_HB3839

 
                                     LRB093 13125 DRH 18382 b

 1        AN ACT in relation to driving privileges.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Vehicle  Code  is  amended by
 5    changing Sections 7-702.1, 7-703, and 7-705.1 as follows:

 6        (625 ILCS 5/7-702.1)
 7        Sec. 7-702.1.  Family  financial  responsibility  driving
 8    permits.  Following the entry of an order that an obligor has
 9    been  found in contempt by the court for failure to pay court
10    ordered child support  payments  or  upon  a  motion  by  the
11    obligor  who is subject to having his or her driver's license
12    suspended pursuant to subsection (b) of  Section  7-703,  the
13    court  may enter an order directing the Secretary of State to
14    issue a family financial responsibility  driving  permit  for
15    the  purpose  of  providing  the  obligor  the  privilege  of
16    operating a motor vehicle between the obligor's residence and
17    place  of  employment,  or  within  the  scope  of employment
18    related duties; for the purpose of  providing  transportation
19    for  the  obligor  to  attend  school;  or for the purpose of
20    providing transportation  for  the  obligor  or  a  household
21    member to receive alcohol treatment, other drug treatment, or
22    medical  care.   The court shall may enter an order directing
23    the issuance of a permit only if the obligor  has  proven  to
24    the  satisfaction  of  the court that no alternative means of
25    transportation are reasonably available for the above  stated
26    purposes.   No  permit  shall be issued to a person under the
27    age of 16 years who possesses an instruction permit.
28        Upon entry of an order granting the issuance of a  permit
29    to  an  obligor,  the  court shall report this finding to the
30    Secretary of State on a form  prescribed  by  the  Secretary.
31    This form shall state whether the permit has been granted for
 
                            -2-      LRB093 13125 DRH 18382 b
 1    employment, school, or medical purposes and the specific days
 2    and  hours  for  which  limited  driving privileges have been
 3    granted.
 4        The family financial responsibility driving permit  shall
 5    be  subject  to  cancellation,  invalidation, suspension, and
 6    revocation by the Secretary of State in the same  manner  and
 7    for  the same reasons as a driver's license may be cancelled,
 8    invalidated, suspended, or revoked.
 9        The Secretary of State shall, upon receipt of a certified
10    court order from the court of jurisdiction,  issue  a  family
11    financial  responsibility  driving  permit. In order for this
12    permit to be issued, an individual's driving privileges  must
13    be  valid  except  for  the  family  financial responsibility
14    suspension. This permit shall be valid only  for  employment,
15    school,  and medical purposes as set forth above.  The permit
16    shall state the days and  hours  for  which  limited  driving
17    privileges have been granted.
18        Any submitted court order that contains insufficient data
19    or  fails to comply with any provision of this Code shall not
20    be used  for  issuance  of  the  permit  or  entered  to  the
21    individual's  driving  record  but  shall  be returned to the
22    court of jurisdiction indicating why  the  permit  cannot  be
23    issued  at that time.  The Secretary of State shall also send
24    notice of the return of the court  order  to  the  individual
25    requesting the permit.
26    (Source: P.A. 90-369, eff. 1-1-98; 91-613, eff. 7-1-00.)

27        (625 ILCS 5/7-703)
28        Sec.  7-703.   Courts  to  report  non-payment  of  court
29    ordered support.
30        (a)  The  clerk  of  the  circuit  court,  as provided in
31    subsection (b) of Section 505 of the  Illinois  Marriage  and
32    Dissolution  of  Marriage Act or as provided in Section 15 of
33    the Illinois Parentage Act of  1984,  shall  forward  to  the
 
                            -3-      LRB093 13125 DRH 18382 b
 1    Secretary of State, on a form prescribed by the Secretary, an
 2    authenticated   document   certifying   the   court's   order
 3    suspending  the  driving  privileges of the obligor.  For any
 4    such certification, the clerk of the court shall  charge  the
 5    obligor a fee of $5 as provided in the Clerks of Courts Act.
 6        (b)  If  an  obligor  has  been adjudicated in arrears in
 7    court ordered child support payments in an amount equal to 90
 8    days obligation or more but has not been held in contempt  of
 9    court,  the  circuit court shall may order that the obligor's
10    driving privileges be suspended.  If the circuit court orders
11    that the obligor's driving privileges be suspended, it  shall
12    forward  to  the  Secretary of State, on a form prescribed by
13    the  Secretary,  an  authenticated  document  certifying  the
14    court's  order  suspending  the  driving  privileges  of  the
15    obligor.  The authenticated document shall  be  forwarded  to
16    the  Secretary  of  State  by the court no later than 45 days
17    after entry of the order  suspending  the  obligor's  driving
18    privileges.
19    (Source: P.A. 91-613, eff. 7-1-00.)

20        (625 ILCS 5/7-705.1)
21        Sec.  7-705.1.   Notice  of  noncompliance  with  support
22    order.   Before  forwarding  to  the  Secretary  of State the
23    authenticated document under subsection (b) of Section 7-703,
24    the circuit court must serve notice upon the obligor  of  its
25    intention to suspend the obligor's driver's license for being
26    adjudicated   in  arrears  in  court  ordered  child  support
27    payments in an amount  equal  to  90  days  obligation.   The
28    notice must inform the obligor that:
29             (a)  If  the  obligor is presently unable to pay all
30        past-due support, the obligor may  come  into  compliance
31        with  the  support  order  by executing a written payment
32        agreement with the court, as provided in Section 7-702.2,
33        and by complying with that agreement;
 
                            -4-      LRB093 13125 DRH 18382 b
 1             (b)  The obligor may contest the issue of compliance
 2        at a hearing;
 3             (c)  A request for a hearing must be made in writing
 4        and must be received by the clerk of the circuit court;
 5             (d)  If the obligor does not request  a  hearing  to
 6        contest  the issue of compliance within 45 days after the
 7        notice of noncompliance is mailed, the  court  shall  may
 8        order that the obligor's driver's license be suspended as
 9        provided for in subsection (b) of Section 7-703;
10             (e)  If  the  circuit court certifies the obligor to
11        the Secretary of State for noncompliance with an order of
12        support, the Secretary of State must suspend any driver's
13        license or instruction permit the obligor holds  and  the
14        obligor's right to apply for or obtain a driver's license
15        or  instruction  permit  until  the  obligor  comes  into
16        compliance with the order of support;
17             (f)  If the obligor files a motion to modify support
18        with  the court or requests the court to modify a support
19        obligation,  the  circuit  court  shall  stay  action  to
20        certify  the  obligor  to  the  Secretary  of  State  for
21        noncompliance with an order of support; and
22             (g)  The obligor may comply with an order of support
23        by doing all of the following:
24                  (1)  Paying the current support;
25                  (2)  Paying all past-due support or, if  unable
26             to  pay  all past-due support and a periodic payment
27             for past-due support has not  been  ordered  by  the
28             court,  by  making  periodic  payments in accordance
29             with a written payment  agreement  approved  by  the
30             court; and
31                  (3)  Meeting  the  obligor's  health  insurance
32             obligation.
33        The  notice must include the address and telephone number
34    of the clerk of the circuit court. The clerk of  the  circuit
 
                            -5-      LRB093 13125 DRH 18382 b
 1    court  shall  attach a copy of the obligor's order of support
 2    to the notice.  The notice must be served by certified  mail,
 3    return receipt requested, by service in hand, or as specified
 4    in the Code of Civil Procedure.
 5    (Source: P.A. 91-613, eff. 7-1-00.)

 6        Section  10.  The  Illinois  Marriage  and Dissolution of
 7    Marriage Act is amended by changing Section 505 as follows:

 8        (750 ILCS 5/505) (from Ch. 40, par. 505)
 9        Sec. 505.  Child support; contempt; penalties.
10        (a)  In a proceeding for dissolution of  marriage,  legal
11    separation,   declaration   of   invalidity  of  marriage,  a
12    proceeding for child support  following  dissolution  of  the
13    marriage  by  a court which lacked personal jurisdiction over
14    the  absent  spouse,  a  proceeding  for  modification  of  a
15    previous order for child support under Section  510  of  this
16    Act, or any proceeding authorized under Section 501 or 601 of
17    this  Act, the court may order either or both parents owing a
18    duty of support to a child of the marriage to pay  an  amount
19    reasonable  and  necessary for his support, without regard to
20    marital misconduct. The duty of  support   owed  to  a  child
21    includes  the  obligation  to  provide for the reasonable and
22    necessary physical, mental and emotional health needs of  the
23    child.  For  purposes of this Section, the term "child" shall
24    include any child under age 18 and any child under age 19 who
25    is still attending high school.
26             (1)  The Court shall determine the minimum amount of
27        support by using the following guidelines:
28          Number of Children       Percent of Supporting Party's
29                                             Net Income
30                  1                             20%
31                  2                             28%
32                  3                             32%
 
                            -6-      LRB093 13125 DRH 18382 b
 1                  4                             40%
 2                  5                             45%
 3              6 or more                         50%
 4             (2)  The above guidelines shall be applied  in  each
 5        case unless the court makes a finding that application of
 6        the  guidelines would be inappropriate, after considering
 7        the best interests of the  child  in  light  of  evidence
 8        including but not limited to one or more of the following
 9        relevant factors:
10                  (a)  the  financial  resources and needs of the
11             child;
12                  (b)  the financial resources and needs  of  the
13             custodial parent;
14                  (c)  the  standard  of  living  the child would
15             have enjoyed had the marriage not been dissolved;
16                  (d)  the physical and  emotional  condition  of
17             the child, and his educational needs; and
18                  (e)  the  financial  resources and needs of the
19             non-custodial parent.
20             If the  court  deviates  from  the  guidelines,  the
21        court's  finding  shall  state the amount of support that
22        would  have  been  required  under  the  guidelines,   if
23        determinable.   The  court  shall  include  the reason or
24        reasons for the variance from the guidelines.
25             (3)  "Net income" is defined as  the  total  of  all
26        income from all sources, minus the following deductions:
27                  (a)  Federal  income  tax  (properly calculated
28             withholding or estimated payments);
29                  (b)  State  income  tax  (properly   calculated
30             withholding or estimated payments);
31                  (c)  Social Security (FICA payments);
32                  (d)  Mandatory     retirement     contributions
33             required by law or as a condition of employment;
34                  (e)  Union dues;
 
                            -7-      LRB093 13125 DRH 18382 b
 1                  (f)  Dependent          and          individual
 2             health/hospitalization insurance premiums;
 3                  (g)  Prior    obligations    of    support   or
 4             maintenance actually paid pursuant to a court order;
 5                  (h)  Expenditures for repayment of  debts  that
 6             represent  reasonable and necessary expenses for the
 7             production of income, medical expenditures necessary
 8             to preserve life or health, reasonable  expenditures
 9             for  the  benefit of the child and the other parent,
10             exclusive of gifts.   The  court  shall  reduce  net
11             income  in determining the minimum amount of support
12             to be ordered only for the period that such payments
13             are  due  and  shall  enter  an   order   containing
14             provisions  for its self-executing modification upon
15             termination of such payment period.
16             (4)  In cases where the  court  order  provides  for
17        health/hospitalization  insurance  coverage  pursuant  to
18        Section   505.2  of  this  Act,  the  premiums  for  that
19        insurance, or that portion of the premiums for which  the
20        supporting  party is responsible in the case of insurance
21        provided through  an  employer's  health  insurance  plan
22        where  the employer pays a portion of the premiums, shall
23        be subtracted from net income in determining the  minimum
24        amount of support to be ordered.
25             (4.5)  In  a  proceeding for child support following
26        dissolution of  the  marriage  by  a  court  that  lacked
27        personal  jurisdiction  over  the  absent  spouse, and in
28        which the court is requiring payment of support  for  the
29        period  before  the  date an order for current support is
30        entered, there  is  a  rebuttable  presumption  that  the
31        supporting  party's  net  income for the prior period was
32        the same as his or her net income at the time  the  order
33        for current support is entered.
34             (5)  If  the net income cannot be determined because
 
                            -8-      LRB093 13125 DRH 18382 b
 1        of default or any other reason,  the  court  shall  order
 2        support   in  an  amount  considered  reasonable  in  the
 3        particular case.  The final  order  in  all  cases  shall
 4        state  the  support  level in dollar amounts. However, if
 5        the court finds that the child support amount  cannot  be
 6        expressed exclusively as a dollar amount because all or a
 7        portion  of  the  payor's  net  income is uncertain as to
 8        source, time of payment, or amount, the court may order a
 9        percentage amount of support in addition  to  a  specific
10        dollar  amount  and  enter  such  other  orders as may be
11        necessary to determine and enforce, on  a  timely  basis,
12        the applicable support ordered.
13             (6)  If  (i)  the  non-custodial parent was properly
14        served  with  a  request  for  discovery   of   financial
15        information   relating   to  the  non-custodial  parent's
16        ability to provide child support, (ii) the  non-custodial
17        parent  failed to comply with the request, despite having
18        been ordered to  do  so  by  the  court,  and  (iii)  the
19        non-custodial  parent  is  not  present at the hearing to
20        determine support despite having received proper  notice,
21        then  any  relevant  financial information concerning the
22        non-custodial parent's ability to provide  child  support
23        that  was obtained pursuant to subpoena and proper notice
24        shall be admitted  into  evidence  without  the  need  to
25        establish any further foundation for its admission.
26        (a-5)  In an action to enforce an order for support based
27    on  the  respondent's  failure  to  make  support payments as
28    required by the order, notice  of  proceedings  to  hold  the
29    respondent  in contempt for that failure may be served on the
30    respondent by personal service or by regular  mail  addressed
31    to the respondent's last known address. The respondent's last
32    known  address may be determined from records of the clerk of
33    the court, from the Federal Case Registry  of  Child  Support
34    Orders, or by any other reasonable means.
 
                            -9-      LRB093 13125 DRH 18382 b
 1        (b)  Failure  of either parent to comply with an order to
 2    pay  support  shall  be  punishable  as  in  other  cases  of
 3    contempt.  In addition to other penalties provided by law the
 4    Court may, after finding the parent guilty of contempt, order
 5    that the parent be:
 6             (1)  placed on probation  with  such  conditions  of
 7        probation as the Court deems advisable;
 8             (2)  sentenced to periodic imprisonment for a period
 9        not to exceed 6 months; provided, however, that the Court
10        may  permit the parent to be released for periods of time
11        during the day or night to:
12                  (A)  work; or
13                  (B)  conduct a business or other  self-employed
14             occupation.
15        The  Court  may  further  order  any  part  or all of the
16    earnings  of  a  parent  during  a   sentence   of   periodic
17    imprisonment paid to the Clerk of the Circuit Court or to the
18    parent  having  custody  or to the guardian having custody of
19    the children of the sentenced parent for the support of  said
20    children until further order of the Court.
21        If  there is a unity of interest and ownership sufficient
22    to render no financial  separation  between  a  non-custodial
23    parent  and another person or persons or business entity, the
24    court may pierce the ownership veil of the  person,  persons,
25    or  business  entity  to discover assets of the non-custodial
26    parent held in the name of that  person,  those  persons,  or
27    that  business  entity.    The  following  circumstances  are
28    sufficient  to  authorize  a  court to order discovery of the
29    assets of a person, persons, or business entity and to compel
30    the application of any discovered assets  toward  payment  on
31    the judgment for support:
32             (1)  the   non-custodial   parent  and  the  person,
33        persons, or business entity maintain records together.
34             (2)  the  non-custodial  parent  and   the   person,
 
                            -10-     LRB093 13125 DRH 18382 b
 1        persons,  or  business  entity  fail  to maintain an arms
 2        length relationship between themselves with regard to any
 3        assets.
 4             (3)  the non-custodial parent  transfers  assets  to
 5        the  person,  persons, or business entity with the intent
 6        to perpetrate a fraud on the custodial parent.
 7        With respect to assets which are real property, no  order
 8    entered  under this paragraph shall affect the rights of bona
 9    fide purchasers, mortgagees,  judgment  creditors,  or  other
10    lien  holders  who   acquire  their interests in the property
11    prior to the time a notice of lis  pendens  pursuant  to  the
12    Code  of  Civil Procedure or a copy of the order is placed of
13    record in the office of the recorder of deeds for the  county
14    in which the real property is located.
15        The  court shall may also order in cases where the parent
16    is 90 days or more delinquent in payment of  support  or  has
17    been  adjudicated  in  arrears  in an amount equal to 90 days
18    obligation  or  more,  that  the  parent's  Illinois  driving
19    privileges be suspended until the court determines  that  the
20    parent  is in compliance with the order of support. The court
21    shall may also order that  the  parent  be  issued  a  family
22    financial  responsibility  driving  permit  that  would allow
23    limited  driving  privileges  for  employment,  school,   and
24    medical  purposes  in  accordance with Section 7-702.1 of the
25    Illinois Vehicle Code. The clerk of the circuit  court  shall
26    certify  the  order  suspending the driving privileges of the
27    parent  or  granting  the  issuance  of  a  family  financial
28    responsibility driving permit to the Secretary  of  State  on
29    forms  prescribed  by  the  Secretary.   Upon  receipt of the
30    authenticated documents, the Secretary of State shall suspend
31    the parent's driving privileges until further  order  of  the
32    court  and  shall,  if  ordered  by the court, subject to the
33    provisions of Section 7-702.1 of the Illinois  Vehicle  Code,
34    issue a family financial responsibility driving permit to the
 
                            -11-     LRB093 13125 DRH 18382 b
 1    parent.
 2        In  addition  to  the penalties or punishment that may be
 3    imposed  under  this  Section,  any  person   whose   conduct
 4    constitutes  a  violation  of  Section  15 of the Non-Support
 5    Punishment Act may be prosecuted under that Act, and a person
 6    convicted under that Act may be sentenced in accordance  with
 7    that  Act.   The sentence may include but need not be limited
 8    to a requirement that the person  perform  community  service
 9    under  Section  50  of  that  Act  or  participate  in a work
10    alternative program under Section 50 of that Act.   A  person
11    may  not  be  required  to  participate in a work alternative
12    program under Section  50  of  that  Act  if  the  person  is
13    currently participating in a work program pursuant to Section
14    505.1 of this Act.
15        A  support  obligation,  or  any  portion  of  a  support
16    obligation,  which becomes due and remains unpaid for 30 days
17    or more shall accrue simple interest at the rate  of  9%  per
18    annum.  An  order for support entered or modified on or after
19    January 1, 2002 shall contain  a  statement  that  a  support
20    obligation  required  under  the  order,  or any portion of a
21    support obligation required under the order, that becomes due
22    and remains unpaid for 30 days or more  shall  accrue  simple
23    interest at the rate of 9% per annum.  Failure to include the
24    statement  in  the  order  for  support  does  not affect the
25    validity of the order or the accrual of interest as  provided
26    in this Section.
27        (c)  A  one-time  charge  of  20%  is  imposable upon the
28    amount of past-due child support owed on July 1,  1988  which
29    has  accrued under a support order entered by the court.  The
30    charge shall be imposed in accordance with the provisions  of
31    Section  10-21  of  the Illinois Public Aid Code and shall be
32    enforced by the court upon petition.
33        (d)  Any new or existing support  order  entered  by  the
34    court  under  this  Section shall be deemed to be a series of
 
                            -12-     LRB093 13125 DRH 18382 b
 1    judgments  against  the  person  obligated  to  pay   support
 2    thereunder,  each  such  judgment to be in the amount of each
 3    payment or installment of support and each such  judgment  to
 4    be deemed entered as of the date the corresponding payment or
 5    installment becomes due under the terms of the support order.
 6    Each  such  judgment  shall  have  the full force, effect and
 7    attributes of any other judgment of this State, including the
 8    ability to be enforced. A lien arises  by  operation  of  law
 9    against  the  real  and personal property of the noncustodial
10    parent for each installment of overdue support  owed  by  the
11    noncustodial parent.
12        (e)  When  child  support is to be paid through the clerk
13    of the court in a county of 1,000,000  inhabitants  or  less,
14    the  order  shall  direct the obligor to pay to the clerk, in
15    addition to the child support payments, all fees  imposed  by
16    the  county  board  under  paragraph (3) of subsection (u) of
17    Section 27.1 of the Clerks of Courts  Act.   Unless  paid  in
18    cash  or pursuant to an order for withholding, the payment of
19    the fee shall be by a separate instrument  from  the  support
20    payment and shall be made to the order of the Clerk.
21        (f)  All  orders  for  support, when entered or modified,
22    shall include a provision requiring the obligor to notify the
23    court and, in cases in which a party is receiving  child  and
24    spouse  services  under  Article X of the Illinois Public Aid
25    Code, the Illinois Department of Public Aid, within  7  days,
26    (i)  of  the  name  and  address  of  any new employer of the
27    obligor, (ii)  whether  the  obligor  has  access  to  health
28    insurance  coverage  through  the  employer  or  other  group
29    coverage and, if so, the policy name and number and the names
30    of  persons  covered  under  the policy, and (iii) of any new
31    residential or mailing address or  telephone  number  of  the
32    non-custodial  parent.  In any subsequent action to enforce a
33    support order, upon a  sufficient  showing  that  a  diligent
34    effort  has  been  made  to  ascertain  the  location  of the
 
                            -13-     LRB093 13125 DRH 18382 b
 1    non-custodial parent, service  of  process  or  provision  of
 2    notice  necessary  in  the case may be made at the last known
 3    address of the non-custodial parent in any  manner  expressly
 4    provided  by  the  Code of Civil Procedure or this Act, which
 5    service shall be sufficient for purposes of due process.
 6        (g)  An order for support shall include a date  on  which
 7    the  current  support obligation terminates.  The termination
 8    date shall be no earlier than the date  on  which  the  child
 9    covered  by the order will attain the age of 18.  However, if
10    the child will not graduate  from  high  school  until  after
11    attaining  the  age of 18, then the termination date shall be
12    no earlier than the earlier of the date on which the  child's
13    high  school  graduation  will occur or the date on which the
14    child will attain the age of 19.  The order for support shall
15    state that  the  termination  date  does  not  apply  to  any
16    arrearage  that  may  remain unpaid on that date.  Nothing in
17    this subsection shall be construed to prevent the court  from
18    modifying the order or terminating the order in the event the
19    child is otherwise emancipated.
20        (h)  An  order entered under this Section shall include a
21    provision requiring the obligor to report to the obligee  and
22    to  the  clerk  of court within 10 days each time the obligor
23    obtains  new  employment,  and  each   time   the   obligor's
24    employment is terminated for any reason.  The report shall be
25    in  writing and shall, in the case of new employment, include
26    the name and address of the new employer.  Failure to  report
27    new  employment  or the termination of current employment, if
28    coupled with nonpayment of support for a period in excess  of
29    60  days,  is  indirect  criminal  contempt.  For any obligor
30    arrested for failure to report new employment bond  shall  be
31    set  in the amount of the child support that should have been
32    paid during the period of unreported  employment.   An  order
33    entered  under  this  Section  shall also include a provision
34    requiring the obligor and  obligee  parents  to  advise  each
 
                            -14-     LRB093 13125 DRH 18382 b
 1    other  of  a  change in residence within 5 days of the change
 2    except when the court finds that  the  physical,  mental,  or
 3    emotional  health  of  a  party  or that of a child, or both,
 4    would be seriously endangered by disclosure  of  the  party's
 5    address.
 6        (i)  The  court  does  not  lose  the powers of contempt,
 7    driver's  license  suspension,   or   other   child   support
 8    enforcement   mechanisms,  including,  but  not  limited  to,
 9    criminal prosecution as set  forth  in  this  Act,  upon  the
10    emancipation of the minor child or children.
11    (Source:  P.A.  92-16,  eff.  6-28-01;  92-203,  eff. 8-1-01;
12    92-374, eff. 8-15-01;  92-651,  eff.  7-11-02;  92-876,  eff.
13    6-1-03; 93-148, eff. 7-10-03.)

14        Section 15.  The Non-Support Punishment Act is amended by
15    changing Section 50 as follows:

16        (750 ILCS 16/50)
17        Sec. 50.  Community service; work alternative program.
18        (a)  In  addition  to any other penalties imposed against
19    an offender under this Act, the court may order the  offender
20    to  perform  community  service  for not less than 30 and not
21    more than 120  hours  per  month,  if  community  service  is
22    available  in  the jurisdiction and is funded and approved by
23    the  county  board  of  the  county  where  the  offense  was
24    committed.  In addition, whenever any  person  is  placed  on
25    supervision  for  committing  an  offense under this Act, the
26    supervision shall be conditioned on the  performance  of  the
27    community service.
28        (b)  In  addition  to any other penalties imposed against
29    an offender under  this  Act,  the  court  may  sentence  the
30    offender   to   service   in   a   work  alternative  program
31    administered by the sheriff.  The conditions of  the  program
32    are  that  the  offender  obtain  or  retain  employment  and
 
                            -15-     LRB093 13125 DRH 18382 b
 1    participate in a work alternative program administered by the
 2    sheriff  during  non-working  hours.   A  person  may  not be
 3    required to participate in a work alternative  program  under
 4    this subsection if the person is currently participating in a
 5    work  program  pursuant  to  another  provision  of this Act,
 6    Section 10-11.1 of the  Illinois  Public  Aid  Code,  Section
 7    505.1  of  the  Illinois Marriage and Dissolution of Marriage
 8    Act, or Section 15.1 of the Illinois Parentage Act of 1984.
 9        (c)  In addition to any other penalties  imposed  against
10    an  offender  under  this  Act, the court shall may order, in
11    cases where the offender has been in violation  of  this  Act
12    for  90  days  or  more, that the offender's Illinois driving
13    privileges be suspended until the court determines  that  the
14    offender is in compliance with this Act.
15        The   court   may  determine  that  the  offender  is  in
16    compliance with this Act if the offender has  agreed  (i)  to
17    pay  all  required  amounts  of  support  and  maintenance as
18    determined by the court or (ii) to the garnishment of his  or
19    her income for the purpose of paying those amounts.
20        The  court  shall  may  also  order  that the offender be
21    issued a family financial responsibility driving permit  that
22    would   allow  limited  driving  privileges  for  employment,
23    school, and  medical  purposes  in  accordance  with  Section
24    7-702.1  of  the  Illinois  Vehicle  Code.  The  clerk of the
25    circuit court shall certify the order suspending the  driving
26    privileges  of  the  offender  or  granting the issuance of a
27    family  financial  responsibility  driving  permit   to   the
28    Secretary  of  State  on  forms  prescribed by the Secretary.
29    Upon receipt of the authenticated documents, the Secretary of
30    State shall suspend the offender's driving  privileges  until
31    further  order  of  the  court  and  shall, if ordered by the
32    court, subject to the provisions of Section  7-702.1  of  the
33    Illinois    Vehicle    Code,   issue   a   family   financial
34    responsibility driving permit to the offender.
 
                            -16-     LRB093 13125 DRH 18382 b
 1        (d)  If the court determines that the offender  has  been
 2    in violation of this Act for more than 60 days, the court may
 3    determine whether the offender has applied for or been issued
 4    a  professional  license  by  the  Department of Professional
 5    Regulation  or  another  licensing  agency.   If  the   court
 6    determines  that  the offender has applied for or been issued
 7    such a license, the court may certify to  the  Department  of
 8    Professional  Regulation  or  other licensing agency that the
 9    offender has been in violation of this Act for more  than  60
10    days  so  that  the  Department  or  other  agency  may  take
11    appropriate  steps with respect to the license or application
12    as provided in Section 10-65 of the  Illinois  Administrative
13    Procedure  Act  and  Section  2105-15  of  the  Department of
14    Professional Regulation Law of the Civil Administrative  Code
15    of  Illinois.   The court may take the actions required under
16    this subsection in addition to  imposing  any  other  penalty
17    authorized under this Act.
18    (Source: P.A. 91-613, eff. 10-1-99; 92-651, eff. 7-11-02.)

19        Section  20.  The  Illinois  Parentage  Act  of  1984  is
20    amended by changing Section 15 as follows:

21        (750 ILCS 45/15) (from Ch. 40, par. 2515)
22        Sec. 15.  Enforcement of Judgment or Order.
23        (a)  If existence of the parent and child relationship is
24    declared,   or   paternity   or  duty  of  support  has  been
25    established under this Act or under prior law  or  under  the
26    law   of   any  other  jurisdiction,  the  judgment  rendered
27    thereunder may be enforced in the same or  other  proceedings
28    by  any  party  or any person or agency that has furnished or
29    may furnish financial assistance or services  to  the  child.
30    The Income Withholding for Support Act and Sections 14 and 16
31    of  this  Act shall also be applicable with respect to entry,
32    modification and enforcement of any support judgment  entered
 
                            -17-     LRB093 13125 DRH 18382 b
 1    under  provisions  of  the  "Paternity Act", approved July 5,
 2    1957, as amended, repealed July 1, 1985.
 3        (b)  Failure to comply with any order of the court  shall
 4    be  punishable  as  contempt  as in other cases of failure to
 5    comply  under  the  "Illinois  Marriage  and  Dissolution  of
 6    Marriage Act", as now or hereafter amended.  In  addition  to
 7    other penalties provided by law, the court may, after finding
 8    the party guilty of contempt, order that the party be:
 9             (1)  Placed  on  probation  with  such conditions of
10        probation as the court deems advisable;
11             (2)  Sentenced to periodic imprisonment for a period
12        not to exceed 6 months.  However, the  court  may  permit
13        the  party  to be released for periods of time during the
14        day or  night  to  work  or  conduct  business  or  other
15        self-employed  occupation.   The  court may further order
16        any part of all the earnings of a party during a sentence
17        of periodic imprisonment to be paid to the Clerk  of  the
18        Circuit  Court  or to the person or parent having custody
19        of the minor child for the support of  said  child  until
20        further order of the court.
21             (2.5)  The  court may also pierce the ownership veil
22        of a person, persons,  or  business  entity  to  discover
23        assets of a non-custodial parent held in the name of that
24        person,  those  persons, or that business entity if there
25        is a unity of interest and ownership sufficient to render
26        no financial separation between the non-custodial  parent
27        and  that  person, those persons, or the business entity.
28        The following circumstances are sufficient for a court to
29        order discovery of the assets of a  person,  persons,  or
30        business  entity  and  to  compel  the application of any
31        discovered assets toward  payment  on  the  judgment  for
32        support:
33                  (A)  the  non-custodial  parent and the person,
34             persons,  or  business   entity   maintain   records
 
                            -18-     LRB093 13125 DRH 18382 b
 1             together.
 2                  (B)  the  non-custodial  parent and the person,
 3             persons, or business entity fail to maintain an arms
 4             length relationship between themselves  with  regard
 5             to any assets.
 6                  (C)  the  non-custodial parent transfers assets
 7             to the person, persons, or business entity with  the
 8             intent  to  perpetrate  a  fraud  on  the  custodial
 9             parent.
10             With  respect  to assets which are real property, no
11        order entered under this subdivision (2.5)  shall  affect
12        the  rights of bona fide purchasers, mortgagees, judgment
13        creditors,  or  other  lien  holders  who  acquire  their
14        interests in the property prior to the time a  notice  of
15        lis  pendens pursuant to the Code of Civil Procedure or a
16        copy of the order is placed of record in  the  office  of
17        the  recorder  of  deeds for the county in which the real
18        property is located.
19             (3)  The court shall may also order  that  in  cases
20        where  the party is 90 days or more delinquent in payment
21        of support or has  been  adjudicated  in  arrears  in  an
22        amount  equal  to  90  days  obligation or more, that the
23        party's Illinois driving privileges  be  suspended  until
24        the court determines that the party is in compliance with
25        the  judgement  or  duty of support.  The court shall may
26        also order that the parent be issued a  family  financial
27        responsibility  driving  permit  that would allow limited
28        driving privileges for employment,  school,  and  medical
29        purposes  in  accordance  with  Section  7-702.1  of  the
30        Illinois  Vehicle  Code.  The  clerk of the circuit court
31        shall certify the order suspending the driving privileges
32        of the parent  or  granting  the  issuance  of  a  family
33        financial  responsibility driving permit to the Secretary
34        of State on  forms  prescribed  by  the  Secretary.  Upon
 
                            -19-     LRB093 13125 DRH 18382 b
 1        receipt  of the authenticated documents, the Secretary of
 2        State shall suspend the party's driving privileges  until
 3        further  order  of the court and shall, if ordered by the
 4        court, subject to the provisions of  Section  7-702.1  of
 5        the  Illinois  Vehicle  Code,  issue  a  family financial
 6        responsibility driving permit to the parent.
 7        In addition to the penalties or punishment  that  may  be
 8    imposed   under   this  Section,  any  person  whose  conduct
 9    constitutes a violation of  Section  15  of  the  Non-Support
10    Punishment Act may be prosecuted under that Act, and a person
11    convicted  under that Act may be sentenced in accordance with
12    that Act.  The sentence may include but need not  be  limited
13    to  a  requirement  that the person perform community service
14    under Section 50  of  that  Act  or  participate  in  a  work
15    alternative  program  under Section 50 of that Act.  A person
16    may not be required to  participate  in  a  work  alternative
17    program  under  Section  50  of  that  Act  if  the person is
18    currently participating in a work program pursuant to Section
19    15.1 of this Act.
20        (c)  In any post-judgment proceeding to enforce or modify
21    the judgment the parties shall continue to be  designated  as
22    in the original proceeding.
23    (Source: P.A. 91-357, eff. 7-29-99; 92-16, eff. 6-28-01.)