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91_SB0019sam001
SRS91SB0019JJcham02
1 AMENDMENT TO SENATE BILL 19
2 AMENDMENT NO. . Amend Senate Bill 19 by replacing
3 lines 4 through 29 on page 1, all of page 2, and lines 1
4 through 8 on page 3 with the following:
5 "Section 1. Short title. This Act may be cited as the
6 Non-Support Punishment Act.
7 Section 5. Prosecutions by State's Attorneys. A
8 proceeding for enforcement of this Act may be instituted and
9 prosecuted by the several State's Attorneys only upon the
10 filing of a verified complaint by the person or persons
11 receiving child or spousal support.
12 Section 7. Prosecutions by Attorney General. In
13 addition to enforcement proceedings by the several State's
14 Attorneys, a proceeding for the enforcement of this Act may
15 be instituted and prosecuted by the Attorney General in
16 cases referred by the Illinois Department of Public Aid
17 involving persons receiving child and spouse support services
18 under Article X of the Illinois Public Aid Code. Before
19 referring a case to the Attorney General for enforcement
20 under this Act, the Department of Public Aid shall notify the
21 person receiving child and spouse support services under
-2- SRS91SB0019JJcham02
1 Article X of the Illinois Public Aid Code of the Department's
2 intent to refer the case to the Attorney General under this
3 Section for prosecution.
4 Section 10. Proceedings. Proceedings under this Act may
5 be by indictment or information. No proceeding may be brought
6 under Section 15 against a person whose court or
7 administrative order for support was entered by default,
8 unless the indictment or information specifically alleges
9 that the person has knowledge of the existence of the order
10 for support and that the person has the ability to pay the
11 support.
12 Section 15. Failure to support.
13 (a) A person commits the offense of failure to support
14 when he or she:
15 (1) without any lawful excuse, neglects or refuses
16 to provide for the support or maintenance of his or her
17 spouse, with the knowledge that the spouse is in need of
18 such support or maintenance, or, without lawful excuse,
19 deserts or neglects or refuses to provide for the support
20 or maintenance of his or her child or children under the
21 age of 18 years, in need of support or maintenance and
22 the person has the ability to provide the support; or
23 (2) willfully fails to pay a support obligation
24 required under a court or administrative order for
25 support, if the obligation has remained unpaid for a
26 period longer than 6 months, or is in arrears in an
27 amount greater than $5,000, and the person has the
28 ability to provide the support; or
29 (3) leaves the State with the intent to evade a
30 support obligation required under a court or
31 administrative order for support, if the obligation,
32 regardless of when it accrued, has remained unpaid for a
-3- SRS91SB0019JJcham02
1 period longer than 6 months, or is in arrears in an
2 amount greater than $5,000; or
3 (4) willfully fails to pay a support obligation
4 required under a court or administrative order for
5 support, if the obligation has remained unpaid for a
6 period longer than one year, or is in arrears in an
7 amount greater than $10,000, and the person has the
8 ability to provide the support.
9 (a-5) Presumption of ability to pay support. The
10 existence of a court or administrative order of support that
11 was not based on a default judgment and was in effect for the
12 time period charged in the indictment or information creates
13 a rebuttable presumption that the obligor has the ability to
14 pay the support obligation for that time period.
15 (b) Sentence. A person convicted of a first offense
16 under subdivision (a)(1) or (a)(2) is guilty of a Class A
17 misdemeanor. A person convicted of an offense under
18 subdivision (a)(3) or (a)(4) or a second or subsequent
19 offense under subdivision (a)(1) or (a)(2) is guilty of a
20 Class 4 felony.
21 (c) Expungement. A person convicted of a first offense
22 under subdivision (a)(1) or (a)(2) who is eligible for the
23 Earnfare program, shall, in lieu of the sentence prescribed
24 in subsection (b), be referred to the Earnfare program. Upon
25 certification of completion of the Earnfare program, the
26 conviction shall be expunged. If the person fails to
27 successfully complete the Earnfare program, he or she shall
28 be sentenced in accordance with subsection (b).
29 (d) Fine. Sentences of imprisonment and fines for
30 offenses committed under this Act shall be as provided under
31 Articles 8 and 9 of Chapter V of the Unified Code of
32 Corrections, except that the court shall order restitution of
33 all unpaid support payments and may impose the following
34 fines, alone, or in addition to a sentence of imprisonment
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1 under the following circumstances:
2 (1) from $1,000 to $5,000 if the support obligation
3 has remained unpaid for a period longer than 2 years, or
4 is in arrears in an amount greater than $1,000 and not
5 exceeding $5,000;
6 (2) from $5,000 to $10,000 if the support obligation
7 has remained unpaid for a period longer than 5 years, or
8 is in arrears in an amount greater than $5,000 and not
9 exceeding $10,000; or
10 (3) from $10,000 to $25,000 if the support
11 obligation has remained unpaid for a period longer than 8
12 years, or is in arrears in an amount greater than
13 $10,000.
14 Restitution shall be ordered in an amount equal to the
15 total unpaid support obligation as it existed at the time of
16 sentencing. Any amounts paid by the obligor shall be
17 allocated first to current support and then to restitution
18 ordered and then to fines imposed under this Section.".