SB1473sam001 101ST GENERAL ASSEMBLY

Sen. Mattie Hunter

Filed: 4/2/2019

 

 


 

 


 
10100SB1473sam001LRB101 08905 TAE 58603 a

1
AMENDMENT TO SENATE BILL 1473

2    AMENDMENT NO. ______. Amend Senate Bill 1473 on page 1,
3line 7, after "amended", by inserting "by changing Sections
47-704 and 7-704.1 and"; and
 
5on page 5, immediately below line 19, by inserting the
6following:
 
7    "(625 ILCS 5/7-704)
8    Sec. 7-704. Suspension to continue until compliance with
9court order of support.
10    (a) The suspension of a driver's license shall remain in
11effect unless and until the Secretary of State receives
12authenticated documentation that the obligor is in compliance
13with a court order of support or that the order has been stayed
14by a subsequent order of the court. Full driving privileges
15shall not be issued by the Secretary of State until
16notification of compliance has been received from the court.

 

 

10100SB1473sam001- 2 -LRB101 08905 TAE 58603 a

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

 

 

10100SB1473sam001- 3 -LRB101 08905 TAE 58603 a

1order of support and has made full payment on all arrearages or
2has arranged for payment of the arrearages and current support
3obligation in a manner satisfactory to the court. The provision
4in this Section regarding the compliance necessary to remove an
5active suspension applies equally to all individuals who have
6had a driver's license suspended due to non-payment of child
7support, regardless of whether that suspension occurred before
8or after the effective date of this amendatory Act of the 101st
9General Assembly.
10    (b-1) Whenever, after one suspension of an individual's
11driver's license for failure to abide by a visitation order,
12another order finding visitation abuse is entered against the
13person and the court orders the suspension of the person's
14driver's license, then the Secretary shall again suspend the
15driver's license of the individual and that suspension shall
16not be removed until the court has determined that there has
17been sufficient compliance for a sufficient period of time with
18the court's order concerning visitation and that full driving
19privileges shall be reinstated.
20    (c) Section 7-704.1, and not this Section, governs the
21duration of a driver's license suspension if the suspension
22occurs as the result of a certification by the Illinois
23Department of Healthcare and Family Services under subsection
24(c) of Section 7-702.
25(Source: P.A. 97-1047, eff. 8-21-12.)
 

 

 

10100SB1473sam001- 4 -LRB101 08905 TAE 58603 a

1    (625 ILCS 5/7-704.1)
2    Sec. 7-704.1. Duration of driver's license suspension upon
3certification of Department of Healthcare and Family Services.
4    (a) When a suspension of a driver's license occurs as the
5result of a certification by the Illinois Department of
6Healthcare and Family Services under subsection (c) of Section
77-702, the suspension shall remain in effect until the
8Secretary of State receives notification from the Department
9that the person whose license was suspended has paid the
10support delinquency in full or has arranged for payment of the
11delinquency and current support obligation in a manner
12satisfactory to the Department.
13    (b) Whenever, after one suspension of an individual's
14driver's license based on certification of the Department of
15Healthcare and Family Services, another certification is
16received from the Department of Healthcare and Family Services,
17the Secretary shall again suspend the driver's license of that
18individual and that suspension shall not be removed unless the
19obligor is in full compliance with the order of support and has
20made full payment on all arrearages or has arranged for payment
21of the arrearages and current support obligation in a manner
22satisfactory to the Department. The provision in this Section
23regarding the compliance necessary to remove an active
24suspension applies equally to all individuals who have had a
25driver's license suspended due to nonpayment of child support,
26regardless of whether that suspension occurred before or after

 

 

10100SB1473sam001- 5 -LRB101 08905 TAE 58603 a

1the effective date of this amendatory Act of the 101st General
2Assembly.
3(Source: P.A. 95-685, eff. 10-23-07.)".