Senate Sponsors: O'MALLEY-RADOGNO. House Sponsors: LANG-CROTTY-GASH-ZICKUS-MITCHELL,BILL Short description: CHILD SUPPORT PUNISHMENT ACT Synopsis of Bill as introduced: 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. Last action on Bill: PUBLIC ACT.............................. 91-0613 Last action date: 99-08-19 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 3 SENATE - 1 END OF INQUIRY Full Text Bill Status