103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3404

 

Introduced 2/17/2023, by Rep. Jeff Keicher

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-501  from Ch. 95 1/2, par. 11-501
750 ILCS 5/520 new

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a defendant is found guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof where the violation has resulted in the death of another, the court shall order the defendant to pay an amount reasonable and necessary for support of the minor child or children of any victims. Provides for the calculation of child support for a defendant ordered to pay child support under such circumstances. Makes a corresponding change in the Illinois Vehicle Code.


LRB103 29585 MXP 55980 b

 

 

A BILL FOR

 

HB3404LRB103 29585 MXP 55980 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-501 as follows:
 
6    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7    (Text of Section before amendment by P.A. 102-982)
8    Sec. 11-501. Driving while under the influence of alcohol,
9other drug or drugs, intoxicating compound or compounds or any
10combination thereof.
11    (a) A person shall not drive or be in actual physical
12control of any vehicle within this State while:
13        (1) the alcohol concentration in the person's blood,
14    other bodily substance, or breath is 0.08 or more based on
15    the definition of blood and breath units in Section
16    11-501.2;
17        (2) under the influence of alcohol;
18        (3) under the influence of any intoxicating compound
19    or combination of intoxicating compounds to a degree that
20    renders the person incapable of driving safely;
21        (4) under the influence of any other drug or
22    combination of drugs to a degree that renders the person
23    incapable of safely driving;

 

 

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1        (5) under the combined influence of alcohol, other
2    drug or drugs, or intoxicating compound or compounds to a
3    degree that renders the person incapable of safely
4    driving;
5        (6) there is any amount of a drug, substance, or
6    compound in the person's breath, blood, other bodily
7    substance, or urine resulting from the unlawful use or
8    consumption of a controlled substance listed in the
9    Illinois Controlled Substances Act, an intoxicating
10    compound listed in the Use of Intoxicating Compounds Act,
11    or methamphetamine as listed in the Methamphetamine
12    Control and Community Protection Act; or
13        (7) the person has, within 2 hours of driving or being
14    in actual physical control of a vehicle, a
15    tetrahydrocannabinol concentration in the person's whole
16    blood or other bodily substance as defined in paragraph 6
17    of subsection (a) of Section 11-501.2 of this Code.
18    Subject to all other requirements and provisions under
19    this Section, this paragraph (7) does not apply to the
20    lawful consumption of cannabis by a qualifying patient
21    licensed under the Compassionate Use of Medical Cannabis
22    Program Act who is in possession of a valid registry card
23    issued under that Act, unless that person is impaired by
24    the use of cannabis.
25    (b) The fact that any person charged with violating this
26Section is or has been legally entitled to use alcohol,

 

 

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1cannabis under the Compassionate Use of Medical Cannabis
2Program Act, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof, shall not constitute a
4defense against any charge of violating this Section.
5    (c) Penalties.
6        (1) Except as otherwise provided in this Section, any
7    person convicted of violating subsection (a) of this
8    Section is guilty of a Class A misdemeanor.
9        (2) A person who violates subsection (a) or a similar
10    provision a second time shall be sentenced to a mandatory
11    minimum term of either 5 days of imprisonment or 240 hours
12    of community service in addition to any other criminal or
13    administrative sanction.
14        (3) A person who violates subsection (a) is subject to
15    6 months of imprisonment, an additional mandatory minimum
16    fine of $1,000, and 25 days of community service in a
17    program benefiting children if the person was transporting
18    a person under the age of 16 at the time of the violation.
19        (4) A person who violates subsection (a) a first time,
20    if the alcohol concentration in his or her blood, breath,
21    other bodily substance, or urine was 0.16 or more based on
22    the definition of blood, breath, other bodily substance,
23    or urine units in Section 11-501.2, shall be subject, in
24    addition to any other penalty that may be imposed, to a
25    mandatory minimum of 100 hours of community service and a
26    mandatory minimum fine of $500.

 

 

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1        (5) A person who violates subsection (a) a second
2    time, if at the time of the second violation the alcohol
3    concentration in his or her blood, breath, other bodily
4    substance, or urine was 0.16 or more based on the
5    definition of blood, breath, other bodily substance, or
6    urine units in Section 11-501.2, shall be subject, in
7    addition to any other penalty that may be imposed, to a
8    mandatory minimum of 2 days of imprisonment and a
9    mandatory minimum fine of $1,250.
10    (d) Aggravated driving under the influence of alcohol,
11other drug or drugs, or intoxicating compound or compounds, or
12any combination thereof.
13        (1) Every person convicted of committing a violation
14    of this Section shall be guilty of aggravated driving
15    under the influence of alcohol, other drug or drugs, or
16    intoxicating compound or compounds, or any combination
17    thereof if:
18            (A) the person committed a violation of subsection
19        (a) or a similar provision for the third or subsequent
20        time;
21            (B) the person committed a violation of subsection
22        (a) while driving a school bus with one or more
23        passengers on board;
24            (C) the person in committing a violation of
25        subsection (a) was involved in a motor vehicle
26        accident that resulted in great bodily harm or

 

 

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1        permanent disability or disfigurement to another, when
2        the violation was a proximate cause of the injuries;
3            (D) the person committed a violation of subsection
4        (a) and has been previously convicted of violating
5        Section 9-3 of the Criminal Code of 1961 or the
6        Criminal Code of 2012 or a similar provision of a law
7        of another state relating to reckless homicide in
8        which the person was determined to have been under the
9        influence of alcohol, other drug or drugs, or
10        intoxicating compound or compounds as an element of
11        the offense or the person has previously been
12        convicted under subparagraph (C) or subparagraph (F)
13        of this paragraph (1);
14            (E) the person, in committing a violation of
15        subsection (a) while driving at any speed in a school
16        speed zone at a time when a speed limit of 20 miles per
17        hour was in effect under subsection (a) of Section
18        11-605 of this Code, was involved in a motor vehicle
19        accident that resulted in bodily harm, other than
20        great bodily harm or permanent disability or
21        disfigurement, to another person, when the violation
22        of subsection (a) was a proximate cause of the bodily
23        harm;
24            (F) the person, in committing a violation of
25        subsection (a), was involved in a motor vehicle,
26        snowmobile, all-terrain vehicle, or watercraft

 

 

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1        accident that resulted in the death of another person,
2        when the violation of subsection (a) was a proximate
3        cause of the death;
4            (G) the person committed a violation of subsection
5        (a) during a period in which the defendant's driving
6        privileges are revoked or suspended, where the
7        revocation or suspension was for a violation of
8        subsection (a) or a similar provision, Section
9        11-501.1, paragraph (b) of Section 11-401, or for
10        reckless homicide as defined in Section 9-3 of the
11        Criminal Code of 1961 or the Criminal Code of 2012;
12            (H) the person committed the violation while he or
13        she did not possess a driver's license or permit or a
14        restricted driving permit or a judicial driving permit
15        or a monitoring device driving permit;
16            (I) the person committed the violation while he or
17        she knew or should have known that the vehicle he or
18        she was driving was not covered by a liability
19        insurance policy;
20            (J) the person in committing a violation of
21        subsection (a) was involved in a motor vehicle
22        accident that resulted in bodily harm, but not great
23        bodily harm, to the child under the age of 16 being
24        transported by the person, if the violation was the
25        proximate cause of the injury;
26            (K) the person in committing a second violation of

 

 

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1        subsection (a) or a similar provision was transporting
2        a person under the age of 16; or
3            (L) the person committed a violation of subsection
4        (a) of this Section while transporting one or more
5        passengers in a vehicle for-hire.
6        (2)(A) Except as provided otherwise, a person
7    convicted of aggravated driving under the influence of
8    alcohol, other drug or drugs, or intoxicating compound or
9    compounds, or any combination thereof is guilty of a Class
10    4 felony.
11        (B) A third violation of this Section or a similar
12    provision is a Class 2 felony. If at the time of the third
13    violation the alcohol concentration in his or her blood,
14    breath, other bodily substance, or urine was 0.16 or more
15    based on the definition of blood, breath, other bodily
16    substance, or urine units in Section 11-501.2, a mandatory
17    minimum of 90 days of imprisonment and a mandatory minimum
18    fine of $2,500 shall be imposed in addition to any other
19    criminal or administrative sanction. If at the time of the
20    third violation, the defendant was transporting a person
21    under the age of 16, a mandatory fine of $25,000 and 25
22    days of community service in a program benefiting children
23    shall be imposed in addition to any other criminal or
24    administrative sanction.
25        (C) A fourth violation of this Section or a similar
26    provision is a Class 2 felony, for which a sentence of

 

 

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1    probation or conditional discharge may not be imposed. If
2    at the time of the violation, the alcohol concentration in
3    the defendant's blood, breath, other bodily substance, or
4    urine was 0.16 or more based on the definition of blood,
5    breath, other bodily substance, or urine units in Section
6    11-501.2, a mandatory minimum fine of $5,000 shall be
7    imposed in addition to any other criminal or
8    administrative sanction. If at the time of the fourth
9    violation, the defendant was transporting a person under
10    the age of 16 a mandatory fine of $25,000 and 25 days of
11    community service in a program benefiting children shall
12    be imposed in addition to any other criminal or
13    administrative sanction.
14        (D) A fifth violation of this Section or a similar
15    provision is a Class 1 felony, for which a sentence of
16    probation or conditional discharge may not be imposed. If
17    at the time of the violation, the alcohol concentration in
18    the defendant's blood, breath, other bodily substance, or
19    urine was 0.16 or more based on the definition of blood,
20    breath, other bodily substance, or urine units in Section
21    11-501.2, a mandatory minimum fine of $5,000 shall be
22    imposed in addition to any other criminal or
23    administrative sanction. If at the time of the fifth
24    violation, the defendant was transporting a person under
25    the age of 16, a mandatory fine of $25,000, and 25 days of
26    community service in a program benefiting children shall

 

 

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1    be imposed in addition to any other criminal or
2    administrative sanction.
3        (E) A sixth or subsequent violation of this Section or
4    similar provision is a Class X felony. If at the time of
5    the violation, the alcohol concentration in the
6    defendant's blood, breath, other bodily substance, or
7    urine was 0.16 or more based on the definition of blood,
8    breath, other bodily substance, or urine units in Section
9    11-501.2, a mandatory minimum fine of $5,000 shall be
10    imposed in addition to any other criminal or
11    administrative sanction. If at the time of the violation,
12    the defendant was transporting a person under the age of
13    16, a mandatory fine of $25,000 and 25 days of community
14    service in a program benefiting children shall be imposed
15    in addition to any other criminal or administrative
16    sanction.
17        (F) For a violation of subparagraph (C) of paragraph
18    (1) of this subsection (d), the defendant, if sentenced to
19    a term of imprisonment, shall be sentenced to not less
20    than one year nor more than 12 years.
21        (G) A violation of subparagraph (F) of paragraph (1)
22    of this subsection (d) is a Class 2 felony, for which the
23    defendant, unless the court determines that extraordinary
24    circumstances exist and require probation, shall be
25    sentenced to: (i) a term of imprisonment of not less than 3
26    years and not more than 14 years if the violation resulted

 

 

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1    in the death of one person; or (ii) a term of imprisonment
2    of not less than 6 years and not more than 28 years if the
3    violation resulted in the deaths of 2 or more persons.
4        (H) For a violation of subparagraph (J) of paragraph
5    (1) of this subsection (d), a mandatory fine of $2,500,
6    and 25 days of community service in a program benefiting
7    children shall be imposed in addition to any other
8    criminal or administrative sanction.
9        (I) A violation of subparagraph (K) of paragraph (1)
10    of this subsection (d), is a Class 2 felony and a mandatory
11    fine of $2,500, and 25 days of community service in a
12    program benefiting children shall be imposed in addition
13    to any other criminal or administrative sanction. If the
14    child being transported suffered bodily harm, but not
15    great bodily harm, in a motor vehicle accident, and the
16    violation was the proximate cause of that injury, a
17    mandatory fine of $5,000 and 25 days of community service
18    in a program benefiting children shall be imposed in
19    addition to any other criminal or administrative sanction.
20        (J) A violation of subparagraph (D) of paragraph (1)
21    of this subsection (d) is a Class 3 felony, for which a
22    sentence of probation or conditional discharge may not be
23    imposed.
24        (3) Any person sentenced under this subsection (d) who
25    receives a term of probation or conditional discharge must
26    serve a minimum term of either 480 hours of community

 

 

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1    service or 10 days of imprisonment as a condition of the
2    probation or conditional discharge in addition to any
3    other criminal or administrative sanction.
4    (e) Any reference to a prior violation of subsection (a)
5or a similar provision includes any violation of a provision
6of a local ordinance or a provision of a law of another state
7or an offense committed on a military installation that is
8similar to a violation of subsection (a) of this Section.
9    (f) The imposition of a mandatory term of imprisonment or
10assignment of community service for a violation of this
11Section shall not be suspended or reduced by the court.
12    (g) Any penalty imposed for driving with a license that
13has been revoked for a previous violation of subsection (a) of
14this Section shall be in addition to the penalty imposed for
15any subsequent violation of subsection (a).
16    (h) For any prosecution under this Section, a certified
17copy of the driving abstract of the defendant shall be
18admitted as proof of any prior conviction.
19(Source: P.A. 101-363, eff. 8-9-19.)
 
20    (Text of Section after amendment by P.A. 102-982)
21    Sec. 11-501. Driving while under the influence of alcohol,
22other drug or drugs, intoxicating compound or compounds or any
23combination thereof.
24    (a) A person shall not drive or be in actual physical
25control of any vehicle within this State while:

 

 

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1        (1) the alcohol concentration in the person's blood,
2    other bodily substance, or breath is 0.08 or more based on
3    the definition of blood and breath units in Section
4    11-501.2;
5        (2) under the influence of alcohol;
6        (3) under the influence of any intoxicating compound
7    or combination of intoxicating compounds to a degree that
8    renders the person incapable of driving safely;
9        (4) under the influence of any other drug or
10    combination of drugs to a degree that renders the person
11    incapable of safely driving;
12        (5) under the combined influence of alcohol, other
13    drug or drugs, or intoxicating compound or compounds to a
14    degree that renders the person incapable of safely
15    driving;
16        (6) there is any amount of a drug, substance, or
17    compound in the person's breath, blood, other bodily
18    substance, or urine resulting from the unlawful use or
19    consumption of a controlled substance listed in the
20    Illinois Controlled Substances Act, an intoxicating
21    compound listed in the Use of Intoxicating Compounds Act,
22    or methamphetamine as listed in the Methamphetamine
23    Control and Community Protection Act; or
24        (7) the person has, within 2 hours of driving or being
25    in actual physical control of a vehicle, a
26    tetrahydrocannabinol concentration in the person's whole

 

 

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1    blood or other bodily substance as defined in paragraph 6
2    of subsection (a) of Section 11-501.2 of this Code.
3    Subject to all other requirements and provisions under
4    this Section, this paragraph (7) does not apply to the
5    lawful consumption of cannabis by a qualifying patient
6    licensed under the Compassionate Use of Medical Cannabis
7    Program Act who is in possession of a valid registry card
8    issued under that Act, unless that person is impaired by
9    the use of cannabis.
10    (b) The fact that any person charged with violating this
11Section is or has been legally entitled to use alcohol,
12cannabis under the Compassionate Use of Medical Cannabis
13Program Act, other drug or drugs, or intoxicating compound or
14compounds, or any combination thereof, shall not constitute a
15defense against any charge of violating this Section.
16    (c) Penalties.
17        (1) Except as otherwise provided in this Section, any
18    person convicted of violating subsection (a) of this
19    Section is guilty of a Class A misdemeanor.
20        (2) A person who violates subsection (a) or a similar
21    provision a second time shall be sentenced to a mandatory
22    minimum term of either 5 days of imprisonment or 240 hours
23    of community service in addition to any other criminal or
24    administrative sanction.
25        (3) A person who violates subsection (a) is subject to
26    6 months of imprisonment, an additional mandatory minimum

 

 

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1    fine of $1,000, and 25 days of community service in a
2    program benefiting children if the person was transporting
3    a person under the age of 16 at the time of the violation.
4        (4) A person who violates subsection (a) a first time,
5    if the alcohol concentration in his or her blood, breath,
6    other bodily substance, or urine was 0.16 or more based on
7    the definition of blood, breath, other bodily substance,
8    or urine units in Section 11-501.2, shall be subject, in
9    addition to any other penalty that may be imposed, to a
10    mandatory minimum of 100 hours of community service and a
11    mandatory minimum fine of $500.
12        (5) A person who violates subsection (a) a second
13    time, if at the time of the second violation the alcohol
14    concentration in his or her blood, breath, other bodily
15    substance, or urine was 0.16 or more based on the
16    definition of blood, breath, other bodily substance, or
17    urine units in Section 11-501.2, shall be subject, in
18    addition to any other penalty that may be imposed, to a
19    mandatory minimum of 2 days of imprisonment and a
20    mandatory minimum fine of $1,250.
21    (d) Aggravated driving under the influence of alcohol,
22other drug or drugs, or intoxicating compound or compounds, or
23any combination thereof.
24        (1) Every person convicted of committing a violation
25    of this Section shall be guilty of aggravated driving
26    under the influence of alcohol, other drug or drugs, or

 

 

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1    intoxicating compound or compounds, or any combination
2    thereof if:
3            (A) the person committed a violation of subsection
4        (a) or a similar provision for the third or subsequent
5        time;
6            (B) the person committed a violation of subsection
7        (a) while driving a school bus with one or more
8        passengers on board;
9            (C) the person in committing a violation of
10        subsection (a) was involved in a motor vehicle crash
11        that resulted in great bodily harm or permanent
12        disability or disfigurement to another, when the
13        violation was a proximate cause of the injuries;
14            (D) the person committed a violation of subsection
15        (a) and has been previously convicted of violating
16        Section 9-3 of the Criminal Code of 1961 or the
17        Criminal Code of 2012 or a similar provision of a law
18        of another state relating to reckless homicide in
19        which the person was determined to have been under the
20        influence of alcohol, other drug or drugs, or
21        intoxicating compound or compounds as an element of
22        the offense or the person has previously been
23        convicted under subparagraph (C) or subparagraph (F)
24        of this paragraph (1);
25            (E) the person, in committing a violation of
26        subsection (a) while driving at any speed in a school

 

 

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1        speed zone at a time when a speed limit of 20 miles per
2        hour was in effect under subsection (a) of Section
3        11-605 of this Code, was involved in a motor vehicle
4        crash that resulted in bodily harm, other than great
5        bodily harm or permanent disability or disfigurement,
6        to another person, when the violation of subsection
7        (a) was a proximate cause of the bodily harm;
8            (F) the person, in committing a violation of
9        subsection (a), was involved in a motor vehicle crash
10        or snowmobile, all-terrain vehicle, or watercraft
11        accident that resulted in the death of another person,
12        when the violation of subsection (a) was a proximate
13        cause of the death;
14            (G) the person committed a violation of subsection
15        (a) during a period in which the defendant's driving
16        privileges are revoked or suspended, where the
17        revocation or suspension was for a violation of
18        subsection (a) or a similar provision, Section
19        11-501.1, paragraph (b) of Section 11-401, or for
20        reckless homicide as defined in Section 9-3 of the
21        Criminal Code of 1961 or the Criminal Code of 2012;
22            (H) the person committed the violation while he or
23        she did not possess a driver's license or permit or a
24        restricted driving permit or a judicial driving permit
25        or a monitoring device driving permit;
26            (I) the person committed the violation while he or

 

 

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1        she knew or should have known that the vehicle he or
2        she was driving was not covered by a liability
3        insurance policy;
4            (J) the person in committing a violation of
5        subsection (a) was involved in a motor vehicle crash
6        that resulted in bodily harm, but not great bodily
7        harm, to the child under the age of 16 being
8        transported by the person, if the violation was the
9        proximate cause of the injury;
10            (K) the person in committing a second violation of
11        subsection (a) or a similar provision was transporting
12        a person under the age of 16; or
13            (L) the person committed a violation of subsection
14        (a) of this Section while transporting one or more
15        passengers in a vehicle for-hire.
16        (2)(A) Except as provided otherwise, a person
17    convicted of aggravated driving under the influence of
18    alcohol, other drug or drugs, or intoxicating compound or
19    compounds, or any combination thereof is guilty of a Class
20    4 felony.
21        (B) A third violation of this Section or a similar
22    provision is a Class 2 felony. If at the time of the third
23    violation the alcohol concentration in his or her blood,
24    breath, other bodily substance, or urine was 0.16 or more
25    based on the definition of blood, breath, other bodily
26    substance, or urine units in Section 11-501.2, a mandatory

 

 

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1    minimum of 90 days of imprisonment and a mandatory minimum
2    fine of $2,500 shall be imposed in addition to any other
3    criminal or administrative sanction. If at the time of the
4    third violation, the defendant was transporting a person
5    under the age of 16, a mandatory fine of $25,000 and 25
6    days of community service in a program benefiting children
7    shall be imposed in addition to any other criminal or
8    administrative sanction.
9        (C) A fourth violation of this Section or a similar
10    provision is a Class 2 felony, for which a sentence of
11    probation or conditional discharge may not be imposed. If
12    at the time of the violation, the alcohol concentration in
13    the defendant's blood, breath, other bodily substance, or
14    urine was 0.16 or more based on the definition of blood,
15    breath, other bodily substance, or urine units in Section
16    11-501.2, a mandatory minimum fine of $5,000 shall be
17    imposed in addition to any other criminal or
18    administrative sanction. If at the time of the fourth
19    violation, the defendant was transporting a person under
20    the age of 16 a mandatory fine of $25,000 and 25 days of
21    community service in a program benefiting children shall
22    be imposed in addition to any other criminal or
23    administrative sanction.
24        (D) A fifth violation of this Section or a similar
25    provision is a Class 1 felony, for which a sentence of
26    probation or conditional discharge may not be imposed. If

 

 

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1    at the time of the violation, the alcohol concentration in
2    the defendant's blood, breath, other bodily substance, or
3    urine was 0.16 or more based on the definition of blood,
4    breath, other bodily substance, or urine units in Section
5    11-501.2, a mandatory minimum fine of $5,000 shall be
6    imposed in addition to any other criminal or
7    administrative sanction. If at the time of the fifth
8    violation, the defendant was transporting a person under
9    the age of 16, a mandatory fine of $25,000, and 25 days of
10    community service in a program benefiting children shall
11    be imposed in addition to any other criminal or
12    administrative sanction.
13        (E) A sixth or subsequent violation of this Section or
14    similar provision is a Class X felony. If at the time of
15    the violation, the alcohol concentration in the
16    defendant's blood, breath, other bodily substance, or
17    urine was 0.16 or more based on the definition of blood,
18    breath, other bodily substance, or urine units in Section
19    11-501.2, a mandatory minimum fine of $5,000 shall be
20    imposed in addition to any other criminal or
21    administrative sanction. If at the time of the violation,
22    the defendant was transporting a person under the age of
23    16, a mandatory fine of $25,000 and 25 days of community
24    service in a program benefiting children shall be imposed
25    in addition to any other criminal or administrative
26    sanction.

 

 

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1        (F) For a violation of subparagraph (C) of paragraph
2    (1) of this subsection (d), the defendant, if sentenced to
3    a term of imprisonment, shall be sentenced to not less
4    than one year nor more than 12 years.
5        (G) A violation of subparagraph (F) of paragraph (1)
6    of this subsection (d) is a Class 2 felony, for which the
7    defendant, unless the court determines that extraordinary
8    circumstances exist and require probation, shall be
9    sentenced to: (i) a term of imprisonment of not less than 3
10    years and not more than 14 years if the violation resulted
11    in the death of one person; or (ii) a term of imprisonment
12    of not less than 6 years and not more than 28 years if the
13    violation resulted in the deaths of 2 or more persons. The
14    defendant shall also be responsible to make child support
15    payments as determined by the court under Section 520 of
16    the Illinois Marriage and Dissolution of Marriage Act for
17    the minor child or children of any person or persons whose
18    deaths resulted from the violation.
19        (H) For a violation of subparagraph (J) of paragraph
20    (1) of this subsection (d), a mandatory fine of $2,500,
21    and 25 days of community service in a program benefiting
22    children shall be imposed in addition to any other
23    criminal or administrative sanction.
24        (I) A violation of subparagraph (K) of paragraph (1)
25    of this subsection (d), is a Class 2 felony and a mandatory
26    fine of $2,500, and 25 days of community service in a

 

 

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1    program benefiting children shall be imposed in addition
2    to any other criminal or administrative sanction. If the
3    child being transported suffered bodily harm, but not
4    great bodily harm, in a motor vehicle crash, and the
5    violation was the proximate cause of that injury, a
6    mandatory fine of $5,000 and 25 days of community service
7    in a program benefiting children shall be imposed in
8    addition to any other criminal or administrative sanction.
9        (J) A violation of subparagraph (D) of paragraph (1)
10    of this subsection (d) is a Class 3 felony, for which a
11    sentence of probation or conditional discharge may not be
12    imposed.
13        (3) Any person sentenced under this subsection (d) who
14    receives a term of probation or conditional discharge must
15    serve a minimum term of either 480 hours of community
16    service or 10 days of imprisonment as a condition of the
17    probation or conditional discharge in addition to any
18    other criminal or administrative sanction.
19    (e) Any reference to a prior violation of subsection (a)
20or a similar provision includes any violation of a provision
21of a local ordinance or a provision of a law of another state
22or an offense committed on a military installation that is
23similar to a violation of subsection (a) of this Section.
24    (f) The imposition of a mandatory term of imprisonment or
25assignment of community service for a violation of this
26Section shall not be suspended or reduced by the court.

 

 

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1    (g) Any penalty imposed for driving with a license that
2has been revoked for a previous violation of subsection (a) of
3this Section shall be in addition to the penalty imposed for
4any subsequent violation of subsection (a).
5    (h) For any prosecution under this Section, a certified
6copy of the driving abstract of the defendant shall be
7admitted as proof of any prior conviction.
8(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)
 
9    Section 10. The Illinois Marriage and Dissolution of
10Marriage Act is amended by adding Section 520 as follows:
 
11    (750 ILCS 5/520 new)
12    Sec. 520. Child support for aggravated driving under the
13influence.
14    (a) If a defendant is found guilty of aggravated driving
15under the influence of alcohol, other drug or drugs, or
16intoxicating compound or compounds, or any combination thereof
17under subparagraph (f) of paragraph (1) of subsection (d) of
18Section 11-501 of the Illinois Vehicle Code where the
19violation has resulted in the death of another, the court
20shall order the defendant to pay an amount reasonable and
21necessary for support of the minor child or children of any
22victims. As used in this Section, "child" includes any child
23under age 18 and any child age 19 or younger who is still
24attending high school.

 

 

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1        (1) Computation of basic child support obligation. The
2    court shall compute the basic child support obligation by
3    taking the following steps:
4            (A) determine the defendant's monthly net income;
5            (B) add the defendant and surviving parent's
6        monthly net incomes together to determine the combined
7        monthly net income;
8            (C) select the corresponding appropriate amount
9        from the schedule of basic child support obligation
10        based on the parties' combined monthly net income and
11        number of children; and
12            (D) calculate each party's percentage share of the
13        basic child support obligation.
14        (2) Duty of support. The court shall determine child
15    support in each case by applying the child support
16    guidelines unless the court makes a finding that
17    application of the guidelines would be inappropriate,
18    after considering the best interests of the child and
19    evidence which shows relevant factors including, but not
20    limited to, one or more of the following:
21            (A) the financial resources and needs of the
22        child;
23            (B) the financial resources and needs of a
24        surviving parent;
25            (C) the standard of living the child would have
26        enjoyed had the death of the parent or parents not

 

 

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1        resulted; and
2            (D) the physical and emotional condition of the
3        child and the child's educational needs.
4        (3) Income.
5            (A) As used in this Section, "gross income" means
6        the total of all income from all sources, except
7        "gross income" does not include (i) benefits received
8        from means-tested public assistance programs,
9        including, but not limited to, Temporary Assistance
10        for Needy Families, Supplemental Security Income, and
11        the Supplemental Nutrition Assistance Program or (ii)
12        benefits and income received for other children in the
13        household, including, but not limited to, child
14        support, survivor benefits, and foster care payments.
15        "Gross income" includes maintenance treated as taxable
16        income for federal income tax purposes to the payee
17        and received pursuant to a court order in the pending
18        proceedings or any other proceedings and shall be
19        included in the payee's gross income for purposes of
20        calculating the 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) or the
24        individualized tax amount calculated pursuant to
25        subparagraph (D), and minus any adjustments pursuant
26        to subparagraph (F). The standardized tax amount shall

 

 

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1        be used unless the requirements for an individualized
2        tax amount set forth in subparagraph (E) are met. "Net
3        income" includes maintenance not includable in the
4        gross taxable income of the payee for federal income
5        tax purposes under a court order in the pending
6        proceedings or any other proceedings and shall be
7        included in the payee's net income for purposes of
8        calculating the child support obligation.
9            (C) As used in this Section, "standardized tax
10        amount" means the total of federal and State income
11        taxes for a single person claiming the standard tax
12        deduction, one personal exemption, and the applicable
13        number of dependency exemptions for the minor child or
14        children of the parties, and Social Security and
15        Medicare tax calculated at the Federal Insurance
16        Contributions Act rate.
17            (D) As used in this Section, "individualized tax
18        amount" means the aggregate of the following taxes:
19                (I) federal income tax (properly calculated
20            withholding or estimated payments);
21                (II) State income tax (properly calculated
22            withholding or estimated payments); and
23                (III) Social Security or self-employment tax,
24            if applicable (or, if none, mandatory retirement
25            contributions required by law or as a condition of
26            employment) and Medicare tax calculated at the

 

 

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1            Federal Insurance Contributions Act rate.
2            (E) In lieu of a standardized tax amount, a
3        determination of an individualized tax amount may be
4        made under item (I), (II), or (III). If an
5        individualized tax amount determination is made under
6        this subparagraph, all relevant tax attributes
7        (including filing status, allocation of dependency
8        exemptions, and whether a party is to claim the use of
9        the standard deduction or itemized deductions for
10        federal income tax purposes) shall be as the parties
11        agree or as the court determines. To determine a
12        party's reported income, the court may order the party
13        to complete an Internal Revenue Service Form 4506-T,
14        Request for Tax Transcript.
15                (I) Agreement. Irrespective of whether the
16            parties agree on any other issue before the court,
17            if they jointly stipulate for the record the
18            parties' concurrence on a computation method for
19            the individualized tax amount that is different
20            from the method set forth under subparagraph (D),
21            the stipulated method shall be used by the court
22            unless the court rejects the proposed stipulated
23            method for good cause.
24                (II) Summary hearing. If the court determines
25            child support in a summary hearing under Section
26            501 and an eligible party opts in to the

 

 

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1            individualized tax amount method under this item
2            (II), the individualized tax amount shall be
3            determined by the court on the basis of
4            information contained in one or both parties'
5            Supreme Court approved financial affidavit and
6            relevant supporting documents under applicable
7            court rules. No party, however, is eligible to opt
8            in unless the party, under applicable court rules,
9            has served the other party with the required
10            Supreme Court approved financial affidavit and has
11            substantially produced supporting documents
12            required by the applicable court rules.
13                (III) Evidentiary hearing. If the court
14            determines child support in an evidentiary
15            hearing, whether for purposes of a temporary order
16            or at the conclusion of a proceeding, item (II)
17            does not apply. In each such case (unless item (I)
18            governs), the individualized tax amount shall be
19            as determined by the court on the basis of the
20            record established.
21            (F) Adjustments to income.
22                (I) Multifamily adjustment. If the defendant
23            is also legally responsible for support of the
24            defendant's own child and not subject to the
25            present proceeding, there shall be an adjustment
26            to net income as follows:

 

 

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1                    (i) Multifamily adjustment with court
2                order. The court shall deduct from the
3                defendant's net income the amount of child
4                support actually paid by the defendant
5                pursuant to a support order unless the court
6                makes a finding that it would cause economic
7                hardship to the child.
8                    (ii) Multifamily adjustment without court
9                order. Upon the request or application of a
10                defendant actually supporting a presumed,
11                acknowledged, or adjudicated child living in
12                or outside of that defendant's household,
13                there shall be an adjustment to child support.
14                The court shall deduct from the defendant's
15                net income the amount of financial support
16                actually paid by the defendant for the child
17                or 75% of the support the defendant should pay
18                under the child support guidelines (before
19                this adjustment), whichever is less, unless
20                the court makes a finding that it would cause
21                economic hardship to the child. The adjustment
22                shall be calculated using the defendant's
23                income alone.
24        (3.1) Business income. For purposes of calculating
25    child support, "net business income from the operation of
26    a business" means gross receipts minus ordinary and

 

 

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1    necessary expenses required to carry on the trade or
2    business. As used in this paragraph, "business" includes,
3    but is not limited to, sole proprietorships, closely held
4    corporations, partnerships, other flow-through business
5    entities, and self-employment. The court shall apply the
6    following:
7            (A) The accelerated component of depreciation and
8        any business expenses determined either judicially or
9        administratively to be inappropriate or excessive
10        shall be excluded from the total of ordinary and
11        necessary business expenses to be deducted in the
12        determination of net business income from gross
13        business income.
14            (B) Any item of reimbursement or in-kind payment
15        received by a defendant from a business, including,
16        but not limited to, a company car, reimbursed meals,
17        free housing, or a housing allowance, shall be counted
18        as income if not otherwise included in the defendant's
19        gross income, if the item is significant in amount and
20        reduces personal expenses.
21        (3.2) Unemployment or underemployment. If the
22    defendant is voluntarily unemployed or underemployed,
23    child support shall be calculated based on a determination
24    of potential income. A determination of potential income
25    shall be made by determining employment potential and
26    probable earnings level based on the defendant's work

 

 

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1    history, occupational qualifications, prevailing job
2    opportunities, the ownership by a defendant of a
3    substantial non-income producing asset, and earnings
4    levels in the community. If there is insufficient work
5    history to determine employment potential and probable
6    earnings level, there shall be a rebuttable presumption
7    that the defendant's potential income is 75% of the most
8    recent United States Department of Health and Human
9    Services Federal Poverty Guidelines for a family of one
10    person.
11        (3.3) Rebuttable presumption in favor of guidelines.
12    There is a rebuttable presumption in any judicial or
13    administrative proceeding for child support that the
14    amount of the child support obligation that would result
15    from the application of the child support guidelines is
16    the correct amount of child support.
17        (3.3a) Minimum child support obligation. There is a
18    rebuttable presumption that a minimum child support
19    obligation of $40 per month, per child, will be entered
20    for a defendant who has actual or imputed gross income at
21    or less than 75% of the most recent United States
22    Department of Health and Human Services Federal Poverty
23    Guidelines for a family of one person, with a maximum
24    total child support obligation for the defendant of $120
25    per month to be divided equally among all of the
26    defendant's children.

 

 

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1        (3.3b) Zero dollar child support order. For a
2    defendant with no gross income who receives only
3    means-tested assistance, or who cannot work due to a
4    medically proven disability, incarceration, or
5    institutionalization, there is a rebuttable presumption
6    that the $40 per month minimum support order is
7    inapplicable and a zero dollar order shall be entered.
8        (3.4) Deviation factors. In any action to establish or
9    modify child support, whether pursuant to a temporary or
10    final administrative or court order, the child support
11    guidelines shall be used as a rebuttable presumption for
12    the establishment or modification of the amount of child
13    support. The court may deviate from the child support
14    guidelines if the application would be inequitable,
15    unjust, or inappropriate. Any deviation from the
16    guidelines shall be accompanied by written findings by the
17    court specifying the reasons for the deviation and the
18    presumed amount under the child support guidelines without
19    a deviation. These reasons may include:
20            (A) extraordinary medical expenditures necessary
21        to preserve the life or health of a surviving parent or
22        a child subject to the child support order;
23            (B) additional expenses incurred for a child
24        subject to the child support order who has special
25        medical, physical, or developmental needs; and
26            (C) any other factor the court determines should

 

 

HB3404- 32 -LRB103 29585 MXP 55980 b

1        be applied upon a finding that the application of the
2        child support guidelines would be inappropriate, after
3        considering the best interests of the child.
4        (3.5) Income in excess of the schedule of basic child
5    support obligation. A court may use its discretion to
6    determine child support if the combined adjusted net
7    income exceeds the highest level of the schedule of basic
8    child support obligation, except that the basic child
9    support obligation shall not be less than the highest
10    level of combined net income set forth in the schedule of
11    basic child support obligation.
12        (3.6) Extracurricular activities and school expenses.
13    The court, in its discretion, in addition to the basic
14    child support obligation, may order the defendant to
15    contribute to the reasonable school and extracurricular
16    activity expenses incurred which are intended to enhance
17    the educational, athletic, social, or cultural development
18    of the child.
19        (3.7) Child care expenses. The court, in its
20    discretion, in addition to the basic child support
21    obligation, may order the defendant to contribute to the
22    reasonable child care expenses of the child. The child
23    care expenses shall be made payable directly to a party or
24    directly to the child care provider at the time of child
25    care services.
26            (A) "Child care expenses" means actual expenses

 

 

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1        reasonably necessary to enable a parent or nonparent
2        custodian to be employed, to attend educational or
3        vocational training programs to improve employment
4        opportunities, or to search for employment. "Child
5        care expenses" includes deposits for securing
6        placement in a child care program and the cost of
7        before and after school care and camps when school is
8        not in session. A child's special needs shall be a
9        consideration in determining reasonable child care
10        expenses.
11            (B) Child care expenses shall be prorated in
12        proportion to each party's percentage share of
13        combined net income, and may be added to the basic
14        child support obligation if not paid directly by each
15        party to the provider of child care services. The
16        obligor's and obligee's portion of actual child care
17        expenses shall appear in the support order. If
18        allowed, the value of the federal income tax credit
19        for child care shall be subtracted from the actual
20        cost to determine the net child care costs.
21            (C) The amount of child care expenses shall be
22        adequate to obtain reasonable and necessary child
23        care. The actual child care expenses shall be used to
24        calculate the child care expenses, if available. When
25        actual child care expenses vary, the actual child care
26        expenses may be averaged over the most recent 12-month

 

 

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1        period. When a party is temporarily unemployed or
2        temporarily not attending educational or vocational
3        training programs, future child care expenses shall be
4        based upon prospective expenses to be incurred upon
5        return to employment or educational or vocational
6        training programs.
7            (D) An order for child care expenses may be
8        modified upon a showing of a substantial change in
9        circumstances. The party incurring child care expenses
10        shall notify the other party within 14 days of any
11        change in the amount of child care expenses that would
12        affect the annualized child care amount as determined
13        in the support order.
14        (4) Health care.
15            (A) A portion of the basic child support
16        obligation is intended to cover basic ordinary
17        out-of-pocket medical expenses. The court, in its
18        discretion, in addition to the basic child support
19        obligation, shall also provide for the child's current
20        and future medical needs by the defendant to initiate
21        health insurance coverage for the child through
22        currently effective health insurance policies held by
23        the parent, purchase one or more or all health,
24        dental, or vision insurance policies for the child, or
25        provide for the child's current and future medical
26        needs through some other manner.

 

 

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1            (B) The court, in its discretion, may order the
2        defendant to contribute to the reasonable health care
3        needs of the child not covered by insurance,
4        including, but not limited to, unreimbursed medical,
5        dental, orthodontic, or vision expenses and any
6        prescription medication for the child not covered
7        under the child's health insurance.
8            (C) If neither the child nor children have access
9        to appropriate private health insurance coverage, the
10        court may order the defendant to:
11                (I) provide health insurance coverage at any
12            time it becomes available at a reasonable cost; or
13                (II) apply for public health insurance
14            coverage for the child and pay a reasonable amount
15            of the cost of health insurance for the child.
16        The order may also provide that any time private
17        health insurance coverage is available at a reasonable
18        cost it will be provided instead of cash medical
19        support. As used in this Section, "cash medical
20        support" means an amount ordered to be paid toward the
21        cost of health insurance provided by a public entity
22        or by another person through employment or otherwise
23        or for other medical costs not covered by insurance.
24            (D) The amount to be added to the basic child
25        support obligation shall be the actual amount of the
26        total health insurance premium that is attributable to

 

 

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1        the child who is the subject of the order. If this
2        amount is not available or cannot be verified, the
3        total cost of the health insurance premium shall be
4        divided by the total number of persons covered by the
5        policy. The cost per person derived from this
6        calculation shall be multiplied by the number of
7        children who are the subject of the order and who are
8        covered under the health insurance policy. This amount
9        shall be added to the basic child support obligation
10        and shall be allocated between the parties in
11        proportion to the parties' respective net incomes.
12            (E) After the health insurance premium for the
13        child is added to the basic child support obligation
14        and allocated between the parties in proportion to the
15        parties' respective incomes for child support
16        purposes, if the defendant is paying the premium, the
17        amount calculated for the obligee's share of the
18        health insurance premium for the child shall be
19        deducted from the defendant's share of the total child
20        support obligation. If the obligee is paying for
21        private health insurance for the child, the child
22        support obligation shall be increased by the
23        defendant's share of the premium payment. The
24        defendant's and obligee's portion of health insurance
25        costs shall appear in the support order.
26            (F) Prior to allowing the health insurance

 

 

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1        adjustment, the defendant requesting the adjustment
2        must submit proof that the child has been enrolled in a
3        health insurance plan and must submit proof of the
4        cost of the premium. The court shall require the
5        defendant receiving the adjustment to annually submit
6        proof of continued coverage of the child to the
7        obligee, or as designated by the court.
8            (G) A reasonable cost for providing health
9        insurance coverage for the child may not exceed 5% of
10        the defendant's gross income. A defendant with a net
11        income below 133% of the most recent United States
12        Department of Health and Human Services Federal
13        Poverty Guidelines or whose child is covered by
14        Medicaid based on the defendant's income may not be
15        ordered to contribute toward or provide private
16        coverage, unless private coverage is obtainable
17        without any financial contribution by the defendant.
18            (H) If dental or vision insurance is included as
19        part of the employer's medical plan, the coverage
20        shall be maintained for the child. If not included in
21        the employer's medical plan, adding the dental or
22        vision insurance for the child is at the discretion of
23        the court.
24        (5) If the net income cannot be determined because of
25    default or any other reason, the court shall order support
26    in an amount considered reasonable in the particular case.

 

 

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1    The final order in all cases shall state the support level
2    in dollar amounts. However, if the court finds that the
3    child support amount cannot be expressed exclusively as a
4    dollar amount because all or a portion of the defendant's
5    net income is uncertain as to source, time of payment, or
6    amount, the court may order a percentage amount of support
7    in addition to a specific dollar amount and enter such
8    other orders as may be necessary to determine and enforce,
9    on a timely basis, the applicable support ordered.
10        (6) If (i) the defendant was properly served with a
11    request for discovery of financial information relating to
12    the defendant's ability to provide child support, (ii) the
13    defendant failed to comply with the request, despite
14    having been ordered to do so by the court, and (iii) the
15    defendant is not present at the hearing to determine
16    support despite having received proper notice, then any
17    relevant financial information concerning the defendant's
18    ability to provide child support that was obtained
19    pursuant to subpoena and proper notice shall be admitted
20    into evidence without the need to establish any further
21    foundation for its admission.
22    (a-5) In an action to enforce an order for child support
23based on the defendant's failure to make support payments as
24required by the order, notice of proceedings to hold the
25defendant in contempt for that failure may be served on the
26defendant by personal service or by regular mail addressed to

 

 

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1the last known address of the defendant. The last known
2address of the defendant may be determined from records of the
3clerk of the court, from the Federal Case Registry of Child
4Support Orders, or by any other reasonable means.
5    (b) Failure to comply with an order to pay support shall be
6punishable as in other cases of contempt. In addition to other
7penalties provided by law the court may, after finding the
8defendant guilty of contempt, order that the defendant 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; provided, however, that the court
13    may permit the defendant to be released for periods of
14    time during the day or night to:
15            (A) work; or
16            (B) conduct a business or other self-employed
17        occupation.
18    If a defendant who is found guilty of contempt for failure
19to comply with an order to pay support is a person who conducts
20a business or who is self-employed, the court in addition to
21other penalties provided by law may order that the defendant
22do one or more of the following: (i) provide to the court
23monthly financial statements showing income and expenses from
24the business or the self-employment; (ii) seek employment and
25report periodically to the court with a diary, listing, or
26other memorandum of his or her employment search efforts; or

 

 

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1(iii) report to the Department of Employment Security for job
2search services to find employment that will be subject to
3withholding for child support.
4    If there is a unity of interest and ownership sufficient
5to render no financial separation between a defendant and
6another person or persons or business entity, the court may
7pierce the ownership veil of the person, persons, or business
8entity to discover assets of the defendant held in the name of
9that person, those persons, or that business entity. The
10following circumstances are sufficient to authorize a court to
11order discovery of the assets of a person, persons, or
12business entity and to compel the application of any
13discovered assets toward payment on the judgment for support:
14        (1) the defendant and the person, persons, or business
15    entity maintain records together.
16        (2) the defendant and the person, persons, or business
17    entity fail to maintain an arm's length relationship
18    between themselves with regard to any assets.
19        (3) the defendant transfers assets to the person,
20    persons, or business entity with the intent to perpetrate
21    a fraud on the obligee.
22    With respect to assets which are real property, no order
23entered under this paragraph shall affect the rights of bona
24fide purchasers, mortgagees, judgment creditors, or other lien
25holders who acquire their interests in the property prior to
26the time a notice of lis pendens pursuant to the Code of Civil

 

 

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1Procedure or a copy of the order is placed of record in the
2office of the recorder of deeds for the county in which the
3real property is located.
4    The court may also order in cases where the defendant is 90
5days or more delinquent in payment of support or has been
6adjudicated in arrears in an amount equal to 90 days
7obligation or more, that the defendant's Illinois driving
8privileges be suspended until the court determines that the
9defendant is in compliance with the order of support. The
10court may also order that the defendant be issued a family
11financial responsibility driving permit that would allow
12limited driving privileges for employment and medical purposes
13in accordance with Section 7-702.1 of the Illinois Vehicle
14Code. The clerk of the circuit court shall certify the order
15suspending the driving privileges of the defendant or granting
16the issuance of a family financial responsibility driving
17permit to the Secretary of State on forms prescribed by the
18Secretary of State. Upon receipt of the authenticated
19documents, the Secretary of State shall suspend the
20defendant's driving privileges until further order of the
21court and shall, if ordered by the court, subject to the
22provisions of Section 7-702.1 of the Illinois Vehicle Code,
23issue a family financial responsibility driving permit to the
24defendant.
25    In addition to the penalties or punishment that may be
26imposed under this Section, any person whose conduct

 

 

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1constitutes a violation of Section 15 of the Non-Support
2Punishment Act may be prosecuted under the Non-Support
3Punishment Act, and a person convicted under the Non-Support
4Punishment Act may be sentenced in accordance with the
5Non-Support Punishment Act. The sentence may include, but need
6not be limited to, a requirement that the person perform
7community service under Section 50 of the Non-Support
8Punishment or participate in a work alternative program under
9Section 50 of the Non-Support Punishment. A person may not be
10required to participate in a work alternative program under
11Section 50 of the Non-Support Punishment Act if the person is
12currently participating in a work program pursuant to Section
13505.1 of this Act.
14    A support obligation, or any portion of a support
15obligation, which becomes due and remains unpaid as of the end
16of each month, excluding the child support that was due for
17that month to the extent that it was not paid in that month,
18shall accrue simple interest as set forth in Section 12-109 of
19the Code of Civil Procedure. An order for support shall
20contain a statement that a support obligation required under
21the order, or any portion of a support obligation required
22under the order, that becomes due and remains unpaid as of the
23end of each month, excluding the child support that was due for
24that month to the extent that it was not paid in that month,
25shall accrue simple interest as set forth in Section 12-109 of
26the Code of Civil Procedure. Failure to include the statement

 

 

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1in the order for support does not affect the validity of the
2order or the accrual of interest as provided in this Section.
3    (c) Any new or existing support order entered by the court
4under this Section shall be deemed to be a series of judgments
5against the person obligated to pay support thereunder, each
6such judgment to be in the amount of each payment or
7installment of support and each such judgment to be deemed
8entered as of the date the corresponding payment or
9installment becomes due under the terms of the support order.
10Each such judgment shall have the full force, effect, and
11attributes of any other judgment of this State, including the
12ability to be enforced. Notwithstanding any other State or
13local law to the contrary, a lien arises by operation of law
14against the real and personal property of the defendant for
15each installment of overdue support owed by the defendant.
16    (d) When child support is to be paid through the clerk of
17the court in a county of 500,000 inhabitants or less, the order
18shall direct the defendant to pay to the clerk, in addition to
19the child support payments, all fees imposed by the county
20board under paragraph (4) of subsection (bb) of Section 27.1a
21of the Clerks of Courts Act. When child support is to be paid
22through the clerk of the court in a county of more than 500,000
23but less than 3,000,000 inhabitants, the order shall direct
24the defendant to pay to the clerk, in addition to the child
25support payments, all fees imposed by the county board under
26paragraph (4) of subsection (bb) of Section 27.2 of the Clerks

 

 

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1of Courts Act. Unless paid pursuant to an Income Withholding
2Order or Notice for Support, the payment of the fee shall be by
3payment acceptable to the clerk and shall be made to the order
4of the clerk.
5    (e) All orders for support, when entered or modified,
6shall include a provision requiring the defendant to notify
7the court and, in cases in which a party is receiving child and
8spouse services under Article X of the Illinois Public Aid
9Code, the Department of Healthcare and Family Services, within
107 days, (i) of the name and address of any new employer of the
11defendant, (ii) whether the defendant has access to health
12insurance coverage through the employer or other group
13coverage and, if so, the policy name and number and the names
14of persons covered under the policy, except only the initials
15of any covered minors shall be included, and (iii) of any new
16residential or mailing address or telephone number of the
17defendant. In any subsequent action to enforce a support
18order, upon a sufficient showing that a diligent effort has
19been made to ascertain the location of the defendant, service
20of process or provision of notice necessary in the case may be
21made at the last known address of the defendant in any manner
22expressly provided by the Code of Civil Procedure or this Act,
23which service shall be sufficient for purposes of due process.
24    (f) An order for support shall include a date on which the
25current support obligation terminates. The termination date
26shall be no earlier than the date on which the child covered by

 

 

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1the order will attain the age of 18. However, if the child will
2not graduate from high school until after attaining the age of
318, then the termination date shall be no earlier than the
4earlier of the date on which the child's high school
5graduation will occur or the date on which the child will
6attain the age of 19. The order for support shall state that
7the termination date does not apply to any arrearage that may
8remain unpaid on that date. Nothing in this subsection shall
9be construed to prevent the court from modifying the order or
10terminating the order if the child is otherwise emancipated.
11    (g) If there is an unpaid arrearage or delinquency (as
12those terms are defined in the Income Withholding for Support
13Act) equal to at least one month's support obligation on the
14termination date stated in the order for support or, if there
15is no termination date stated in the order, on the date the
16child attains the age of majority or is otherwise emancipated,
17the periodic amount required to be paid for current support of
18that child immediately prior to that date shall automatically
19continue to be an obligation, not as current support but as
20periodic payment toward satisfaction of the unpaid arrearage
21or delinquency. The periodic payment shall be in addition to
22any periodic payment previously required for satisfaction of
23the arrearage or delinquency. The total periodic amount to be
24paid toward satisfaction of the arrearage or delinquency may
25be enforced and collected by any method provided by law for
26enforcement and collection of child support, including, but

 

 

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1not limited to, income withholding under the Income
2Withholding for Support Act. Each order for support must
3contain a statement notifying the parties of the requirements
4of this subsection. Failure to include the statement in the
5order for support does not affect the validity of the order or
6the operation of the provisions of this subsection with regard
7to the order. This subsection shall not be construed to
8prevent or affect the establishment or modification of an
9order for support of a minor child or the establishment or
10modification of an order for support of a nonminor child or
11educational expenses under Section 513.
12    (h) An order entered under this Section shall include a
13provision requiring a defendant to report to the surviving
14parent or nonparent custodian and to the clerk of court within
1510 days each time he or she obtains new employment, and each
16time his or her employment is terminated for any reason. The
17report shall be in writing and shall, in the case of new
18employment, include the name and address of the new employer.
19Failure to report new employment or the termination of current
20employment, if coupled with nonpayment of support for a period
21in excess of 60 days, is indirect criminal contempt. For an
22arrest for failure to report new employment, bond shall be set
23in the amount of the child support that should have been paid
24during the period of unreported employment. An order entered
25under this Section shall also include a provision requiring
26either the defendant and the obligee to advise the other of a

 

 

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1change in residence within 5 days of the change except when the
2court finds that the physical, mental, or emotional health of
3a party or that of a child, or both, would be seriously
4endangered by disclosure of the party's address.
5    (i) The court does not lose the powers of contempt,
6driver's license suspension, or other child support
7enforcement mechanisms, including, but not limited to,
8criminal prosecution as set forth in this Act, upon the
9emancipation of the minor child.
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.