91st General Assembly
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O'MALLEY-RADOGNO.

(LANG-CROTTY-GASH-ZICKUS-MITCHELL,BILL)

   New Act                                                                     
   20 ILCS 1005/43a.14                                                         
   20 ILCS 2105/60           from Ch. 127, par. 60                             
   20 ILCS 2505/39b12        from Ch. 127, par. 39b12                          
   55 ILCS 5/3-5036.5                                                          
   225 ILCS 425/2.04         from Ch. 111, par. 2005.1                         
   305 ILCS 5/10-3.1         from Ch. 23, par. 10-3.1                          
   305 ILCS 5/10-17          from Ch. 23, par. 10-17                           
   305 ILCS 5/10-19          from Ch. 23, par. 10-19                           
   305 ILCS 5/10-25                                                            
   305 ILCS 5/10-25.5                                                          
   305 ILCS 5/12-4.7c                                                          
   410 ILCS 535/24           from Ch. 111 1/2, par. 73-24                      
   625 ILCS 5/2-109.1                                                          
   730 ILCS 5/3-5-4                                                            
   735 ILCS 5/2-1403         from Ch. 110, par. 2-1403                         
   735 ILCS 5/12-819         from Ch. 110, par. 12-819                         
   740 ILCS 170/11           from Ch. 48, par. 39.12                           
   750 ILCS 5/713            from Ch. 40, par. 713                             
   750 ILCS 22/101                                                             
   750 ILCS 45/6             from Ch. 40, par. 2506                            
   805 ILCS 5/1.25           from Ch. 32, par. 1.25                            
   805 ILCS 180/50-5                                                           
   750 ILCS 15/Act rep.                                                        

        Repeals the Non-Support of Spouse and Children  Act  and  creates      
   the  Non-Support  Punishment  Act.   Lists  4 levels of failure to pay      
   support for a spouse, ex-spouse, or  child  from  refusal  to  provide      
   support  (Class  A  misdemeanor  for first offense; Class 4 felony for      
   second or subsequent offense), to willful failure  to  comply  with  a      
   support  order  for  longer than 6 months or in an amount greater than      
   $1,000 (Class A misdemeanor for first  offense;  Class  4  felony  for      
   second  or  subsequent  offense), to leaving the State to evade paying      
   support for over 6 months or in an amount greater than $1,000 (Class 4      
   felony), to willful failure to comply with a support order for  longer      
   than  one  year  or in an amount greater than $3,000 (Class 4 felony).      
   Provides for sentencing under the  Unified  Code  of  Corrections  and      
   fines  of up to $25,000.  Reinserts many provisions of the Non-Support      
   of Spouse and Children Act  regarding  proper  procedure  and  payment      
   requirements  and  adds  new  provisions related to this. Amends other      
   Acts containing a reference to the Non-Support of Spouse and  Children      
   Act to add a reference to the Non-Support Punishment Act or change the      
   reference to the Non-Support Punishment Act as appropriate.  Effective      
   October 1, 1999.                                                            
        SENATE AMENDMENT NO. 1                                                 
        Provides that a proceeding for enforcement of this Act may be          
   instituted and prosecuted by the several State's Attorneys only upon        
   the filing of a verified complaint by the person or persons receiving       
   child or spousal support. Raises the threshold amount of support            
   required to be owed before the Act will apply from greater than             
   $1,000 to greater than $5,000 in some instances and from greater            
   than $3,000 to greater than $10,000 in other instances. Makes excep-        
   tions to the application of the Act for persons whose support order         
   was entered by default. Provides that restitution shall be ordered          
   in an amount equal to the total unpaid support obligation as it             
   existed at the time of sentencing and any amounts paid by the obligor       
   shall be allocated first to current support and then to restitution         
   ordered and then to fines imposed.                                          
        HOUSE AMENDMENT NO. 1.  (House recedes May 27, 1999)                   
          Adds reference to:                                                   
          5 ILCS 100/10-65                                                     
          305 ILCS 5/4-1.6b new                                                
          305 ILCS 5/10-10                                                     
          305 ILCS 5/10-10.4 new                                               
          305 ILCS 5/12-12.1 new                                               
          625 ILCS 5/7-701                                                     
          625 ILCS 5/7-702                                                     
          625 ILCS 5/7-702.1                                                   
          625 ILCS 5/7-703                                                     
          625 ILCS 5/7-705.1 new                                               
          625 ILCS 5/7-706.1 new                                               
          705 ILCS 105/15.1 new                                                
          750 ILCS 5/505                                                       
          750 ILCS 5/505.3 new                                                 
          750 ILCS 5/714 new                                                   
          750 ILCS 5/715 new                                                   
          750 ILCS 45/14                                                       
          750 ILCS 45/15.3 new                                                 
        Deletes everything.  Reinserts the provisions  of  the  engrossed      
   bill  but adds to the Non-Support Punishment Act a provision regarding      
   admission into evidence of  financial  information  of  a  responsible      
   relative, additional punishments for non-support, and a provision that      
   each  party  shall  be  granted no more than 2 continuances in a court      
   proceeding for  the  enforcement  of  a  support  order.   Amends  the      
   Illinois  Administrative  Procedure Act and the Illinois Parentage Act      
   of 1984 and further amends the Civil Administrative Code of  Illinois,      
   the   Illinois   Public  Aid  Code,  and  the  Illinois  Marriage  and      
   Dissolution of Marriage Act in conjunction with the additions  to  the      
   Non-Support  Punishment  Act.   Further amends the Illinois Public Aid      
   Code to increase child support pass throughs from  the  Department  of      
   Human  Services.    Further amends the Illinois Vehicle Code regarding      
   license suspensions for failure to pay support.  Amends the Clerks  of      
   Courts  Act.   Provides that the Department of Public Aid shall create      
   and maintain one or more World Wide  Web  pages  with  information  on      
   individuals  who  are  delinquent  in their child support obligations.      
   Further amends the Illinois Public Aid Code and the Illinois  Marriage      
   and Dissolution of Marriage Act to provide that a person who willfully      
   defaults  on  an  order  for  child  support may be subject to summary      
   criminal contempt proceedings.  Provides that each State agency  shall      
   suspend  any  license or certificate issued by that agency to a person      
   found guilty of criminal contempt.  Effective October 1, 2000.              
        HOUSE AMENDMENT NO. 2.  (House recedes May 27, 1999)                   
        Provides that a person commits the offense of failure to  support      
   when  he  or  she willfully fails to pay a support obligation required      
   under a court or administrative order for support, if  the  obligation      
   has remained unpaid for a period longer than one year or is in arrears      
   in an amount greater than $25,000 (rather than $10,000) and the person      
   has the ability to provide the support.                                     
        HOUSE AMENDMENT NO. 3.  (House recedes May 27, 1999)                   
          Deletes reference to:                                                
          305 ILCS 5/10-10.4 new                                               
          750 ILCS 5/505.3 new                                                 
          750 ILCS 45/15.3 new                                                 
        Deletes everything.  Reinserts the provisions of House  Amendment      
   1 as changed by House Amendment 2, but changes the fine amounts in the      
   Non-Support  Punishment  Act, removes provisions that each party shall      
   be granted no more than 2 continuances in a court proceeding for  the       
   enforcement  of  a  support  order,  adds a severability clause to the      
   Non-Support Punishment Act, and provides that the Department of  Human      
   Services  shall  conduct  an  evaluation  of  the  Child  Support Pays      
   Program, created by this Amendatory Act.  Effective October 1, 1999.        
        CONFERENCE COMMITTEE REPORT NO.1.                                      
        Recommends that the House recede from H-ams 1, 2, and 3.               
        Recommends that the bill be amended as follows:                        
          Deletes reference to:                                                
          305 ILCS 5/4-1.6b new                                                
          305 ILCS 5/10-10                                                     
          305 ILCS 5/12-12.1 new                                               
          705 ILCS 105/15.1 new                                                
          750 ILCS 5/505                                                       
          750 ILCS 5/714 new                                                   
          750 ILCS 5/715 new                                                   
          750 ILCS 45/14                                                       
        Deletes everything.  Reinserts the provisions of H-am 3,               
   making the following changes:  removes provisions allowing the              
   admission of financial evidence about the respondent in certain             
   support cases even though the respondent fails to appear or respond;        
   removes provision that an obligor who fails to comply with a notice to      
   make support payments to the State Disbursement Unit is guilty of a         
   Class B misdemeanor; provides that a party in a support case shall          
   report changes in certain information to the circuit clerk within 5         
   business days; removes provisions amending the Illinois Public Aid          
   Code creating the Child Support Pays Program and authorizing the            
   creation of a World Wide Web page naming persons with child support         
   arrearages; changes the provisions amending the Illinois Vehicle            
   Code to provide that the Secretary of State shall suspend an obligor's      
   driver's license after the court orders suspension, rather than auto-       
   matically upon a 90-day arrearage; removes provisions amending the          
   Clerks of Courts Act with regard to naming those with child support         
   arrearages on a World Wide Web page; and removes provisions amending        
   the Illinois Marriage and Dissolution of Marriage Act with regard to        
   willful default on support orders and information to locate obligors.       
   Generally effective October 1, 1999, except that the provisions             
   amending the Illinois Vehicle Code are effective July 1, 2000.              
   99-01-14  S  FIRST READING                                                  
   99-01-14  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   99-01-27  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   99-02-03  S                                 POSTPONED                       
   99-02-18  S                                 POSTPONED                       
   99-02-25  S       TO SUBCOMMITTEE                                           
   99-03-10  S                             AMENDMENT NO. 01-JUDICIARY     S    
   99-03-10  S                                   ADOPTED                       
   99-03-10  S       DO PASS AS AMENDED                  010-000-000   SJUD    
   99-03-10  S  PLACED ON CALENDAR ORDER OF 2ND READING  99-03-11              
   99-03-11  S  SECOND READING                                                 
   99-03-11  S  PLACED ON CALENDAR ORDER OF 3RD READING  99-03-16              
   99-03-18  S  THIRD READING - PASSED                   058-000-000           
   99-03-18  H  ARRIVE IN HOUSE                                                
   99-03-18  H  PLACED CALENDAR ORDER OF FIRST READING                         
   99-03-19  H  HOUSE SPONSOR                            LANG                  
   99-03-19  H  FIRST READING                                                  
   99-03-19  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   99-03-19  H  ADDED AS A JOINT SPONSOR                 CROTTY                
   99-03-25  H  ADDED AS A JOINT SPONSOR                 GASH                  
   99-03-26  H       ASSIGNED TO COMMITTEE               JUD-CIVIL LAW         
   99-04-15  H  ADDED AS A JOINT SPONSOR                 ZICKUS                
   99-04-15  H  ADDED AS A JOINT SPONSOR                 MITCHELL,BILL         
   99-04-28  H                             AMENDMENT NO. 01-JUD-CIVIL LAW H    
   99-04-28  H                                   ADOPTED                       
   99-04-28  H                             AMENDMENT NO. 02-JUD-CIVIL LAW H    
   99-04-28  H                                   ADOPTED                       
   99-04-28  H  DO PASS AMENDED/SHORT DEBATE             007-002-002   HJUA    
   99-04-28  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   99-05-07  H                             AMENDMENT NO. 03-LANG               
   99-05-07  H                     AMENDMENT REFERRED TO HRUL                  
   99-05-07  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   99-05-11  H  SECOND READING-SHORT DEBATE                                    
   99-05-11  H                             AMENDMENT NO. 03-LANG               
   99-05-11  H                           RULES REFERS TO HJUA                  
   99-05-11  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   99-05-12  H                             AMENDMENT NO. 03-LANG               
   99-05-12  H  RECOMMENDS BE ADOPTED                    HJUA/010-000-000      
   99-05-12  H                             AMENDMENT NO. 03-LANG               
   99-05-12  H                                   ADOPTED                       
   99-05-12  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   99-05-12  H  THIRD READING/SHORT DEBATE/PASSED        116-000-000           
   99-05-12  S  SECRETARYS DESK - CONCURRENCE            01,02,03              
   99-05-12  S  ADDED AS A CHIEF CO-SPONSOR              RADOGNO               
   99-05-13  S  FILED WITH SECRETARY                                           
   99-05-13  S    MOTION NON-CONCUR - HOUSE AMENDMENT NO 01,02,03/O'MALLEY     
   99-05-14  S  SEN NON-CONCURS IN HSE AMENDMENTS (NO.)  01,02,03              
   99-05-14  H  ARRIVE IN HOUSE                                                
   99-05-14  H  PLACED CALENDAR ORDER NON-CONCURRENCE    01,02,03              
   99-05-17  H       MOTION REFUSE RECEDE - HSE AMEND NO 01,02,03/LANG         
   99-05-17  H  CALENDAR ORDER OF NON-CONCURRENCE        01,02,03              
   99-05-24  H  HSE REFUSES TO RECEDE FROM AMENDMENT NO  01,02,03              
   99-05-24  H  HSE REQUESTS CONFERENCE COMMITTEE        1ST                   
   99-05-24  H  HSE CONFERENCE COMMITTEE APPOINTED       1ST/LANG,             
   99-05-24  H                                           DART, CURRIE,         
   99-05-24  H                                           TENHOUSE AND          
   99-05-24  H                                           LYONS,EILEEN          
   99-05-25  S  SEN ACCEDE REQUEST CONFERENCE COMMITTEE  1ST                   
   99-05-25  S  SEN CONFERENCE COMMITTEE APPOINTED       1ST/O'MALLEY,         
   99-05-25  S                                           HAWKINSON,            
   99-05-25  S                                           DILLARD,              
   99-05-25  S                                           OBAMA, CULLERTON      
   99-05-26  S  FILED WITH SECRETARY                                           
   99-05-26  S               CONFERENCE COMMITTEE REPORT 1ST/O'MALLEY          
   99-05-26  S   CONFERENCE COMMITTEE REPORT REFERRED TO SRUL                  
   99-05-26  H  HSE CONFERENCE COMMITTEE REPORT SUBMITED 1ST/LANG              
   99-05-26  H   CONFERENCE COMMITTEE REPORT REFERRED TO HRUL                  
   99-05-26  H               CONFERENCE COMMITTEE REPORT 1ST                   
   99-05-27  H  RECOMMENDS BE ADOPTED                    1ST/HRUL              
   99-05-27  H  HOUSE ADOPTED CONFERENCE REPORT          1ST/115-000-000       
   99-05-27  S               CONFERENCE COMMITTEE REPORT 1ST/O'MALLEY          
   99-05-27  S                           RULES REFERS TO SJUD                  
   99-05-27  S               CONFERENCE COMMITTEE REPORT 1ST/O'MALLEY          
   99-05-27  S             BE APPROVED FOR CONSIDERATION SJUD/010-000-000      
   99-05-27  S  SEN CONFERENCE COMMITTEE REPORT SUBMITED 1ST/O'MALLEY          
   99-05-27  S  SENATE ADOPTED CONFERENCE REPORT         1ST/058-000-000       
   99-05-27  S  BOTH HOUSES ADOPTED CONFERENCE REPORT    1ST                   
   99-05-27  S  PASSED BOTH HOUSES                                             
   99-06-25  S  SENT TO THE GOVERNOR                                           
   99-08-19  S  GOVERNOR APPROVED                                              
   99-08-19  S                                           GENERALLY             
   99-08-19  S                            EFFECTIVE DATE 99-10-01              
   99-08-19  S                                           SOME PARTS            
   99-08-19  S                            EFFECTIVE DATE 00-07-01              
   99-08-19  S  PUBLIC ACT.............................. 91-0613               

   END OF INQUIRY 



 Full Text  Bill Summary