Illinois General Assembly - Full Text of SB3823
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Full Text of SB3823  97th General Assembly

SB3823enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB3823 EnrolledLRB097 16472 AJO 61637 b

1    AN ACT concerning child visitation, which may be referred
2to as the Steven Watkins Memorial Act.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The Illinois Vehicle Code is amended by changing
6Sections 7-701, 7-702, 7-702.1, 7-703, 7-704, 7-705, 7-706, and
77-708 and by adding Section 7-705.2 as follows:
 
8    (625 ILCS 5/7-701)
9    Sec. 7-701. Findings and purpose. The General Assembly
10finds that the timely receipt of adequate financial support has
11the effect of reducing poverty and State expenditures for
12welfare dependency among children, and that the timely payment
13of adequate child support demonstrates financial
14responsibility. Further, the General Assembly finds that the
15State has a compelling interest in ensuring that drivers within
16the State demonstrate financial responsibility, including
17family financial responsibility, in order to safely own and
18operate a motor vehicle. Further, the General Assembly finds
19that the State has a compelling interest in ensuring that those
20individuals with responsibilities involving minor children
21pursuant to visitation orders demonstrate responsibility,
22including family responsibility, in order to safely own and
23operate a motor vehicle, especially when transporting a minor

 

 

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1child who is the subject of a visitation order. To this end,
2the Secretary of State is authorized to establish systems to
3suspend driver's licenses for failure to comply with court and
4administrative orders of support.
5(Source: P.A. 95-685, eff. 10-23-07.)
 
6    (625 ILCS 5/7-702)
7    Sec. 7-702. Suspension of driver's license for failure to
8comply with order to pay support or to comply with a visitation
9order.
10    (a) The Secretary of State shall suspend the driver's
11license issued to an obligor upon receiving an authenticated
12report provided for in subsection (a) of Section 7-703, that
13the person is 90 days or more delinquent in court ordered child
14support payments or has been adjudicated in arrears in an
15amount equal to 90 days obligation or more, and has been found
16in contempt by the court for failure to pay the support.
17    (b) The Secretary of State shall suspend the driver's
18license issued to an obligor upon receiving an authenticated
19document provided for in subsection (b) of Section 7-703, that
20the person has been adjudicated in arrears in court ordered
21child support payments in an amount equal to 90 days obligation
22or more, but has not been held in contempt of court, and that
23the court has ordered that the person's driving privileges be
24suspended. The obligor's driver's license shall be suspended
25until such time as the Secretary of State receives

 

 

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1authenticated documentation that the obligor is in compliance
2with the court order of support. When the obligor complies with
3the court ordered child support payments, the circuit court
4shall report the obligor's compliance with the court order of
5support to the Secretary of State, on a form prescribed by the
6Secretary of State, and shall order that the obligor's driver's
7license be reinstated.
8    (c) The Secretary of State shall suspend a driver's license
9upon certification by the Illinois Department of Healthcare and
10Family Services, in a manner and form prescribed by the
11Illinois Secretary of State, that the person licensed is 90
12days or more delinquent in payment of support under an order of
13support issued by a court or administrative body of this or any
14other State. The Secretary of State may reinstate the person's
15driver's license if notified by the Department of Healthcare
16and Family Services that the person has paid the support
17delinquency in full or has arranged for payment of the
18delinquency and current support obligation in a manner
19satisfactory to the Department of Healthcare and Family
20Services.
21    (d) The Secretary of State shall suspend the driver's
22license issued to a person upon receiving an authenticated
23document provided for in Section 7-703 that the person has been
24adjudicated as having engaged in visitation abuse and that the
25court has ordered that the person's driving privileges be
26suspended. The person's driver's license shall be suspended

 

 

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1until such time as the Secretary of State receives
2authenticated documentation that the court has determined that
3there has been sufficient compliance for a sufficient period of
4time with the court's order concerning visitation and that full
5driving privileges shall be reinstated. When the court order in
6which the court has determined that there has been sufficient
7compliance for a sufficient period of time with the court's
8order concerning visitation and that full driving privileges
9shall be reinstated, the circuit court shall report that order
10concerning visitation to the Secretary of State, on a form
11prescribed by the Secretary of State, and shall order that the
12person's driver's license be reinstated.
13(Source: P.A. 95-685, eff. 10-23-07.)
 
14    (625 ILCS 5/7-702.1)
15    Sec. 7-702.1. Family financial responsibility driving
16permits.
17    (a) Following the entry of an order that an obligor has
18been found in contempt by the court for failure to pay court
19ordered child support payments or upon a motion by the obligor
20who is subject to having his or her driver's license suspended
21pursuant to subsection (b) of Section 7-703, the court may
22enter an order directing the Secretary of State to issue a
23family financial responsibility driving permit for the purpose
24of providing the obligor the privilege of operating a motor
25vehicle between the obligor's residence and place of

 

 

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1employment, or within the scope of employment related duties;
2or for the purpose of providing transportation for the obligor
3or a household member to receive alcohol treatment, other drug
4treatment, or medical care. If the obligor is unemployed, the
5court may issue the order for the purpose of seeking
6employment, which may be subject to the requirements set forth
7in subsection (a) of Section 505.1 of the Illinois Marriage and
8Dissolution of Marriage Act. Except upon a showing of good
9cause, any permit issued for the purpose of seeking employment
10shall be limited to Monday through Friday between the hours of
118 a.m. and 12 p.m. The court may enter an order directing the
12issuance of a permit only if the obligor has proven to the
13satisfaction of the court that no alternative means of
14transportation are reasonably available for the above stated
15purposes. No permit shall be issued to a person under the age
16of 16 years who possesses an instruction permit.
17    Upon entry of an order granting the issuance of a permit to
18an obligor, the court shall report this finding to the
19Secretary of State on a form prescribed by the Secretary. This
20form shall state whether the permit has been granted for
21employment or medical purposes and the specific days and hours
22for which limited driving privileges have been granted.
23    (a-1) Following the entry of an order that a person has
24been found in contempt by the court for failure to follow a
25visitation order, the court may enter an order directing the
26Secretary of State to issue a family responsibility driving

 

 

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1permit for the purpose of providing the person the privilege of
2operating a motor vehicle between the person's residence and
3place of employment or within the scope of employment related
4duties, or for the purpose of providing transportation for the
5person or a household member to receive alcohol treatment,
6other drug treatment, or medical care. If the person is
7unemployed, the court may issue the order for the purpose of
8seeking employment, which may be subject to the requirements
9set forth in subsection (a) of Section 505.1 of the Illinois
10Marriage and Dissolution of Marriage Act. Except upon a showing
11of good cause, any permit issued for the purpose of seeking
12employment shall be limited to Monday through Friday between
13the hours of 8 a.m. and 12 p.m. The court may enter an order
14directing the issuance of a permit only if the person has
15proven to the satisfaction of the court that no alternative
16means of transportation are reasonably available for the above
17stated purposes. No permit shall be issued to a person under
18the age of 16 years who possesses an instruction permit. Upon
19entry of an order granting the issuance of a permit to a
20person, the court shall report this finding to the Secretary of
21State on a form prescribed by the Secretary. This form shall
22state whether the permit has been granted for employment or
23medical purposes and the specific days and hours for which
24limited driving privileges have been granted.
25    (a-2) The family financial responsibility driving permit
26shall be subject to cancellation, invalidation, suspension,

 

 

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1and revocation by the Secretary of State in the same manner and
2for the same reasons as a driver's license may be cancelled,
3invalidated, suspended, or revoked.
4    The Secretary of State shall, upon receipt of a certified
5court order from the court of jurisdiction, issue a family
6financial responsibility driving permit. In order for this
7permit to be issued, an individual's driving privileges must be
8valid except for the family financial responsibility
9suspension or the family responsibility suspension. This
10permit shall be valid only for employment and medical purposes
11as set forth above. The permit shall state the days and hours
12for which limited driving privileges have been granted.
13    Any submitted court order that contains insufficient data
14or fails to comply with any provision of this Code shall not be
15used for issuance of the permit or entered to the individual's
16driving record but shall be returned to the court of
17jurisdiction indicating why the permit cannot be issued at that
18time. The Secretary of State shall also send notice of the
19return of the court order to the individual requesting the
20permit.
21    (b) Following certification of delinquency pursuant to
22subsection (c) of Section 7-702 of this Code, and upon petition
23by the obligor whose driver's license has been suspended under
24that subsection, the Department of Healthcare and Family
25Services may direct the Secretary of State to issue a family
26financial responsibility driving permit for the purpose of

 

 

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1providing the obligor the privilege of operating a motor
2vehicle between the obligor's residence and place of
3employment, or within the scope of employment related duties,
4or for the purpose of providing transportation for the obligor
5or a household member to receive alcohol treatment, other drug
6treatment, or medical care. If the obligor is unemployed, the
7Department of Healthcare and Family Services may direct the
8issuance of the permit for the purpose of seeking employment,
9which may be subject to the requirements set forth in
10subsection (a) of Section 505.1 of the Illinois Marriage and
11Dissolution of Marriage Act. Except upon a showing of good
12cause, any permit issued for the purpose of seeking employment
13shall be limited to Monday through Friday between the hours of
148 a.m. and 12 p.m. The Department of Healthcare and Family
15Services may direct the issuance of a permit only if the
16obligor has proven to the Department's satisfaction that no
17alternative means of transportation is reasonably available
18for the above stated purposes.
19    The Department of Healthcare and Family Services shall
20report to the Secretary of State the finding granting a permit
21on a form prescribed by the Secretary of State. The form shall
22state the purpose for which the permit has been granted, the
23specific days and hours for which limited driving privileges
24are allowed, and the duration of the permit.
25    The family financial responsibility driving permit shall
26be subject to cancellation, invalidation, suspension, and

 

 

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1revocation by the Secretary of State in the same manner and for
2the same reasons as a driver's license may be cancelled,
3invalidated, suspended, or revoked.
4    As directed by the Department of Healthcare and Family
5Services, the Secretary of State shall issue a family financial
6responsibility driving permit, but only if the obligor's
7driving privileges are valid except for the family financial
8responsibility suspension. The permit shall state the purpose
9or purposes for which it was granted under this subsection, the
10specific days and hours for which limited driving privileges
11are allowed, and the duration of the permit.
12    If the Department of Healthcare and Family Services
13directive to issue a family financial responsibility driving
14permit contains insufficient data or fails to comply with any
15provision of this Code, a permit shall not be issued and the
16directive shall be returned to the Department of Healthcare and
17Family Services. The Secretary of State shall also send notice
18of the return of the Department's directive to the obligor
19requesting the permit.
20    (c) In accordance with 49 C.F.R. Part 384, the Secretary of
21State may not issue a family financial responsibility driving
22permit to any person for the operation of a commercial motor
23vehicle if the person's driving privileges have been suspended
24under any provisions of this Code.
25(Source: P.A. 96-1284, eff. 1-1-11.)
 

 

 

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1    (625 ILCS 5/7-703)
2    Sec. 7-703. Courts to report non-payment of court ordered
3support or orders concerning driving privileges.
4    (a) The clerk of the circuit court, as provided in
5subsection (b) of Section 505 of the Illinois Marriage and
6Dissolution of Marriage Act or as provided in Section 15 of the
7Illinois Parentage Act of 1984, shall forward to the Secretary
8of State, on a form prescribed by the Secretary, an
9authenticated document certifying the court's order suspending
10the driving privileges of the obligor. For any such
11certification, the clerk of the court shall charge the obligor
12a fee of $5 as provided in the Clerks of Courts Act.
13    (b) If an obligor has been adjudicated in arrears in court
14ordered child support payments in an amount equal to 90 days
15obligation or more but has not been held in contempt of court,
16the circuit court may order that the obligor's driving
17privileges be suspended. If the circuit court orders that the
18obligor's driving privileges be suspended, it shall forward to
19the Secretary of State, on a form prescribed by the Secretary,
20an authenticated document certifying the court's order
21suspending the driving privileges of the obligor. The
22authenticated document shall be forwarded to the Secretary of
23State by the court no later than 45 days after entry of the
24order suspending the obligor's driving privileges.
25    (c) The clerk of the circuit court, as provided in
26subsection (c-1) of Section 607.1 of the Illinois Marriage and

 

 

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1Dissolution of Marriage Act, shall forward to the Secretary of
2State, on a form prescribed by the Secretary, an authenticated
3document certifying the court's order suspending the driving
4privileges of the party. For any such certification, the clerk
5of the court shall charge the party a fee of $5 as provided in
6the Clerks of Courts Act.
7    (d) If a party has been adjudicated to have engaged in
8visitation abuse, the circuit court may order that the party's
9driving privileges be suspended. If the circuit court orders
10that the party's driving privileges be suspended, it shall
11forward to the Secretary of State, on a form prescribed by the
12Secretary, an authenticated document certifying the court's
13order suspending the driving privileges of the party. The
14authenticated document shall be forwarded to the Secretary of
15State by the court no later than 45 days after entry of the
16order suspending the party's driving privileges.
17(Source: P.A. 91-613, eff. 7-1-00.)
 
18    (625 ILCS 5/7-704)
19    Sec. 7-704. Suspension to continue until compliance with
20court order of support.
21    (a) The suspension of a driver's license shall remain in
22effect unless and until the Secretary of State receives
23authenticated documentation that the obligor is in compliance
24with a court order of support or that the order has been stayed
25by a subsequent order of the court. Full driving privileges

 

 

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1shall not be issued by the Secretary of State until
2notification of compliance has been received from the court.
3The circuit clerks shall report the obligor's compliance with a
4court order of support to the Secretary of State, on a form
5prescribed by the Secretary.
6    (a-1) The suspension of a driver's license shall remain in
7effect unless and until the Secretary of State receives
8authenticated documentation as to the person who violated a
9visitation order that the court has determined that there has
10been sufficient compliance for a sufficient period of time with
11the court's order concerning visitation and that full driving
12privileges shall be reinstated or that the order has been
13stayed by a subsequent order of the court. Full driving
14privileges shall not be issued by the Secretary of State until
15notification has been received from the court. The circuit
16clerk shall report any court order in which the court
17determined that there has been sufficient compliance for a
18sufficient period of time with the court's order concerning
19visitation and that full driving privileges shall be reinstated
20to the Secretary of State on a form prescribed by the
21Secretary.
22    (b) Whenever, after one suspension of an individual's
23driver's license for failure to pay child support, another
24order of non-payment is entered against the obligor and the
25person fails to come into compliance with the court order of
26support, then the Secretary shall again suspend the driver's

 

 

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1license of the individual and that suspension shall not be
2removed unless the obligor is in full compliance with the court
3order of support and has made full payment on all arrearages.
4    (b-1) Whenever, after one suspension of an individual's
5driver's license for failure to abide by a visitation order,
6another order finding visitation abuse is entered against the
7person and the court orders the suspension of the person's
8driver's license, then the Secretary shall again suspend the
9driver's license of the individual and that suspension shall
10not be removed until the court has determined that there has
11been sufficient compliance for a sufficient period of time with
12the court's order concerning visitation and that full driving
13privileges shall be reinstated.
14    (c) Section 7-704.1, and not this Section, governs the
15duration of a driver's license suspension if the suspension
16occurs as the result of a certification by the Illinois
17Department of Healthcare and Family Services under subsection
18(c) of Section 7-702.
19(Source: P.A. 95-685, eff. 10-23-07.)
 
20    (625 ILCS 5/7-705)
21    Sec. 7-705. Notice. The Secretary of State, prior to
22suspending a driver's license under this Chapter, shall serve
23written notice upon a person an obligor that the individual's
24driver's license will be suspended in 60 days from the date on
25the notice unless (i) the person obligor satisfies the court

 

 

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1order of support or the court ordered visitation and the
2circuit clerk notifies the Secretary of State of this
3compliance or (ii) if the Illinois Department of Healthcare and
4Family Services has made a certification to the Secretary of
5State under subsection (c) of Section 7-702, the Department
6notifies the Secretary of State that the person licensed has
7paid the support delinquency in full or has arranged for
8payment of the delinquency and current support obligation in a
9manner satisfactory to the Department.
10(Source: P.A. 95-685, eff. 10-23-07.)
 
11    (625 ILCS 5/7-705.2 new)
12    Sec. 7-705.2. Notice of noncompliance with visitation
13order. Before forwarding to the Secretary of State the
14authenticated document under Section 7-703, the circuit court
15must serve notice upon the person of its intention to suspend
16the person's driver's license for being adjudicated as having
17violated a visitation order in a manner deemed to be visitation
18abuse. The notice must inform the person that:
19        (1) The person may contest the issue of compliance at a
20    hearing;
21        (2) A request for a hearing must be made in writing and
22    must be received by the clerk of the circuit court;
23        (3) If the person does not request a hearing to contest
24    the issue of compliance within 45 days after the notice of
25    noncompliance is mailed, the court may order that the

 

 

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1    person's driver's license be suspended as provided for in
2    Section 7-703;
3        (4) If the circuit court certifies the person to the
4    Secretary of State for noncompliance with a visitation
5    order, the Secretary of State must suspend any driver's
6    license or instruction permit the person holds and the
7    person's right to apply for or obtain a driver's license or
8    instruction permit until the court has determined that
9    there has been sufficient compliance for a sufficient
10    period of time with the court's order concerning visitation
11    and that full driving privileges shall be reinstated;
12        (5) If the person files a motion to modify visitation
13    with the court or requests that the court modify a
14    visitation obligation, the circuit court shall stay action
15    to certify the person to the Secretary of State concerning
16    court ordered visitation; and
17        (6) The notice must include the address and telephone
18    number of the clerk of the circuit court. The clerk of the
19    circuit court shall attach a copy of the person's
20    visitation order to the notice. The notice must be served
21    by certified mail, return receipt requested, by service in
22    hand, or as specified in the Code of Civil Procedure.
 
23    (625 ILCS 5/7-706)
24    Sec. 7-706. Administrative hearing. A driver may contest
25this driver's license sanction by requesting an administrative

 

 

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1hearing in accordance with Section 2-118 of this Code. If a
2written request for this hearing is received prior to the
3effective date of the suspension, the suspension shall be
4stayed. If a stay of the suspension is granted, it shall remain
5in effect until a hearing decision is entered. At the
6conclusion of this hearing, the Secretary of State may rescind
7or impose the driver's license suspension. If the suspension is
8upheld, it shall become effective 10 days from the date the
9hearing decision is entered. If the decision is to rescind the
10suspension, no suspension of driving privileges shall be
11entered. The scope of this hearing shall be limited to the
12following issues:
13    (a) Whether the driver is the person who owes a duty to
14make payments under the court or administrative order of
15support or is the person with obligations under a visitation
16order.
17    (b) Whether (i) the authenticated document of a court order
18of support or visitation order indicates that the obligor is 90
19days or more delinquent or has been adjudicated in arrears in
20an amount equal to 90 days obligation or more and has been
21found in contempt of court for failure to pay child support or
22(ii) the certification of the Illinois Department of Healthcare
23and Family Services under subsection (c) of Section 7-702
24indicates that the person is 90 days or more delinquent in
25payment of support under an order of support issued by a court
26or administrative body of this or any other State.

 

 

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1    (b-1) Whether the authenticated document of a visitation
2order indicates that the person has violated a visitation order
3and has been found to have engaged in visitation abuse and has
4been found in contempt of court for failure to abide by a
5visitation order.
6    (c) Whether (i) a superseding authenticated document of any
7court order of support has been entered or (ii) the Illinois
8Department of Healthcare and Family Services, in a superseding
9notification, has informed the Secretary of State that the
10person certified under subsection (c) of Section 7-702 has paid
11the support delinquency in full or has arranged for payment of
12the delinquency and current support obligation in a manner
13satisfactory to the Department.
14    (c-1) Whether a superseding authenticated document of any
15court order concerning visitation has been entered, in a
16superseding notification, has informed the Secretary of State
17that as to the person the court has determined that there has
18been sufficient compliance for a sufficient period of time with
19the court's order concerning visitation and that full driving
20privileges shall be reinstated.
21(Source: P.A. 95-685, eff. 10-23-07.)
 
22    (625 ILCS 5/7-708)
23    Sec. 7-708. Rules. The Secretary of State, using the
24authority to license motor vehicle operators, may adopt such
25rules as may be necessary to establish standards, policies, and

 

 

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1procedures for the suspension of driver's licenses for
2non-compliance with a court or administrative order of support
3or with a visitation order.
4(Source: P.A. 95-685, eff. 10-23-07.)
 
5    Section 10. The Illinois Marriage and Dissolution of
6Marriage Act is amended by changing Section 607.1 as follows:
 
7    (750 ILCS 5/607.1)  (from Ch. 40, par. 607.1)
8    Sec. 607.1. Enforcement of visitation orders; visitation
9abuse.
10    (a) The circuit court shall provide an expedited procedure
11for enforcement of court ordered visitation in cases of
12visitation abuse. Visitation abuse occurs when a party has
13willfully and without justification: (1) denied another party
14visitation as set forth by the court; or (2) exercised his or
15her visitation rights in a manner that is harmful to the child
16or child's custodian.
17    (b) An Action may be commenced by filing a petition setting
18forth: (i) the petitioner's name, residence address or mailing
19address, and telephone number; (ii) respondent's name and place
20of residence, place of employment, or mailing address; (iii)
21the nature of the visitation abuse, giving dates and other
22relevant information; (iv) that a reasonable attempt was made
23to resolve the dispute; and (v) the relief sought.
24    Notice of the filing of the petitions shall be given as

 

 

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1provided in Section 511.
2    (c) After hearing all of the evidence, the court may order
3one or more of the following:
4        (1) Modification of the visitation order to
5    specifically outline periods of visitation or restrict
6    visitation as provided by law.
7        (2) Supervised visitation with a third party or public
8    agency.
9        (3) Make up visitation of the same time period, such as
10    weekend for weekend, holiday for holiday.
11        (4) Counseling or mediation, except in cases where
12    there is evidence of domestic violence, as defined in
13    Section 1 of the Domestic Violence Shelters Act, occurring
14    between the parties.
15        (5) Other appropriate relief deemed equitable.
16    (c-1) When the court issues an order holding a party in
17contempt for violation of a visitation order and finds that the
18party engaged in visitation abuse, the court may order one or
19more of the following:
20        (1) Suspension of a party's Illinois driving
21    privileges pursuant to Section 7-703 of the Illinois
22    Vehicle Code until the court determines that the party is
23    in compliance with the visitation order. The court may also
24    order that a party be issued a family financial
25    responsibility driving permit that would allow limited
26    driving privileges for employment, for medical purposes,

 

 

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1    and to transport a child to or from scheduled visitation in
2    order to comply with a visitation order in accordance with
3    subsection (a-1) of Section 7-702.1 of the Illinois Vehicle
4    Code.
5        (2) Placement of a party on probation with such
6    conditions of probation as the court deems advisable.
7        (3) Sentencing of a party to periodic imprisonment for
8    a period not to exceed 6 months; provided, that the court
9    may permit the party to be released for periods of time
10    during the day or night to:
11            (A) work; or
12            (B) conduct a business or other self-employed
13        occupation.
14        (4) Find that a party in engaging in visitation abuse
15    is guilty of a petty offense and should be fined an amount
16    of no more than $500 for each finding of visitation abuse.
17    (d) Nothing contained in this Section shall be construed to
18limit the court's contempt power, except as provided in
19subsection (g) of this Section.
20    (e) When the court issues an order holding a party in
21contempt of court for violation of a visitation order, the
22clerk shall transmit a copy of the contempt order to the
23sheriff of the county. The sheriff shall furnish a copy of each
24contempt order to the Department of State Police on a daily
25basis in the form and manner required by the Department. The
26Department shall maintain a complete record and index of the

 

 

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1contempt orders and make this data available to all local law
2enforcement agencies.
3    (f) Attorney fees and costs shall be assessed against a
4party if the court finds that the enforcement action is
5vexatious and constitutes harassment.
6    (g) A person convicted of unlawful visitation or parenting
7time interference under Section 10-5.5 of the Criminal Code of
81961 shall not be subject to the provisions of this Section and
9the court may not enter a contempt order for visitation abuse
10against any person for the same conduct for which the person
11was convicted of unlawful visitation interference or subject
12that person to the sanctions provided for in this Section.
13(Source: P.A. 96-333, eff. 8-11-09; 96-675, eff. 8-25-09.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.