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90_HB3189
740 ILCS 125/2 new
Amends the Police Search Cost Recovery Act. Authorizes
recovery of expenses incurred by a governmental unit in
searching for a person for the purpose of enforcing an order
for support or maintenance and expenses incurred in bringing
an enforcement action.
LRB9009414DJdv
LRB9009414DJdv
1 AN ACT to amend the Police Search Cost Recovery Act by
2 adding Section 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Police Search Cost Recovery Act is
6 amended by adding Section 2 as follows:
7 (740 ILCS 125/2 new)
8 Sec. 2. Refusal to comply with support order.
9 (a) If (i) a governmental unit in this State has
10 expended resources in a search for a person who owes a duty
11 to make payments under a court or administrative order for
12 the support of a child or maintenance of a spouse issued
13 under the Illinois Public Aid Code, the Illinois Marriage and
14 Dissolution of Marriage Act, the Non-Support of Spouse and
15 Children Act, the Revised Uniform Reciprocal Enforcement of
16 Support Act, the Uniform Interstate Family Support Act, or
17 the Illinois Parentage Act of 1984, whether the order is
18 temporary or final, and (ii) in an action to enforce the
19 order for support or maintenance a court determines that the
20 person had notice of the order and willfully refused to
21 comply with the order, then the court shall order the person
22 to pay to each such governmental unit all of the governmental
23 unit's expenses reasonably incurred in searching for the
24 person and in bringing the enforcement action.
25 (b) Expenses subject to an order under this Section
26 include reasonable attorney's fees, investigatory expenses,
27 litigation expenses, and court costs.
28 (c) An order for the payment of expenses entered under
29 this Section shall include provisions to ensure that all
30 support or maintenance owed to an individual under the order
31 being enforced is paid to that individual before the payment
-2- LRB9009414DJdv
1 of any expenses ordered under this Section.