Public Act 097-1047
 
SB3823 EnrolledLRB097 16472 AJO 61637 b

    AN ACT concerning child visitation, which may be referred
to as the Steven Watkins Memorial Act.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 7-701, 7-702, 7-702.1, 7-703, 7-704, 7-705, 7-706, and
7-708 and by adding Section 7-705.2 as follows:
 
    (625 ILCS 5/7-701)
    Sec. 7-701. Findings and purpose. The General Assembly
finds that the timely receipt of adequate financial support has
the effect of reducing poverty and State expenditures for
welfare dependency among children, and that the timely payment
of adequate child support demonstrates financial
responsibility. Further, the General Assembly finds that the
State has a compelling interest in ensuring that drivers within
the State demonstrate financial responsibility, including
family financial responsibility, in order to safely own and
operate a motor vehicle. Further, the General Assembly finds
that the State has a compelling interest in ensuring that those
individuals with responsibilities involving minor children
pursuant to visitation orders demonstrate responsibility,
including family responsibility, in order to safely own and
operate a motor vehicle, especially when transporting a minor
child who is the subject of a visitation order. To this end,
the Secretary of State is authorized to establish systems to
suspend driver's licenses for failure to comply with court and
administrative orders of support.
(Source: P.A. 95-685, eff. 10-23-07.)
 
    (625 ILCS 5/7-702)
    Sec. 7-702. Suspension of driver's license for failure to
comply with order to pay support or to comply with a visitation
order.
    (a) The Secretary of State shall suspend the driver's
license issued to an obligor upon receiving an authenticated
report provided for in subsection (a) of Section 7-703, that
the person is 90 days or more delinquent in court ordered child
support payments or has been adjudicated in arrears in an
amount equal to 90 days obligation or more, and has been found
in contempt by the court for failure to pay the support.
    (b) The Secretary of State shall suspend the driver's
license issued to an obligor upon receiving an authenticated
document provided for in subsection (b) of Section 7-703, that
the person has been adjudicated in arrears in court ordered
child support payments in an amount equal to 90 days obligation
or more, but has not been held in contempt of court, and that
the court has ordered that the person's driving privileges be
suspended. The obligor's driver's license shall be suspended
until such time as the Secretary of State receives
authenticated documentation that the obligor is in compliance
with the court order of support. When the obligor complies with
the court ordered child support payments, the circuit court
shall report the obligor's compliance with the court order of
support to the Secretary of State, on a form prescribed by the
Secretary of State, and shall order that the obligor's driver's
license be reinstated.
    (c) The Secretary of State shall suspend a driver's license
upon certification by the Illinois Department of Healthcare and
Family Services, in a manner and form prescribed by the
Illinois Secretary of State, that the person licensed is 90
days or more delinquent in payment of support under an order of
support issued by a court or administrative body of this or any
other State. The Secretary of State may reinstate the person's
driver's license if notified by the Department of Healthcare
and Family Services that the person has paid the support
delinquency in full or has arranged for payment of the
delinquency and current support obligation in a manner
satisfactory to the Department of Healthcare and Family
Services.
    (d) The Secretary of State shall suspend the driver's
license issued to a person upon receiving an authenticated
document provided for in Section 7-703 that the person has been
adjudicated as having engaged in visitation abuse and that the
court has ordered that the person's driving privileges be
suspended. The person's driver's license shall be suspended
until such time as the Secretary of State receives
authenticated documentation that the court has determined that
there has been sufficient compliance for a sufficient period of
time with the court's order concerning visitation and that full
driving privileges shall be reinstated. When the court order in
which the court has determined that there has been sufficient
compliance for a sufficient period of time with the court's
order concerning visitation and that full driving privileges
shall be reinstated, the circuit court shall report that order
concerning visitation to the Secretary of State, on a form
prescribed by the Secretary of State, and shall order that the
person's driver's license be reinstated.
(Source: P.A. 95-685, eff. 10-23-07.)
 
    (625 ILCS 5/7-702.1)
    Sec. 7-702.1. Family financial responsibility driving
permits.
    (a) Following the entry of an order that an obligor has
been found in contempt by the court for failure to pay court
ordered child support payments or upon a motion by the obligor
who is subject to having his or her driver's license suspended
pursuant to subsection (b) of Section 7-703, the court may
enter an order directing the Secretary of State to issue a
family financial responsibility driving permit for the purpose
of providing the obligor the privilege of operating a motor
vehicle between the obligor's residence and place of
employment, or within the scope of employment related duties;
or for the purpose of providing transportation for the obligor
or a household member to receive alcohol treatment, other drug
treatment, or medical care. If the obligor is unemployed, the
court may issue the order for the purpose of seeking
employment, which may be subject to the requirements set forth
in subsection (a) of Section 505.1 of the Illinois Marriage and
Dissolution of Marriage Act. Except upon a showing of good
cause, any permit issued for the purpose of seeking employment
shall be limited to Monday through Friday between the hours of
8 a.m. and 12 p.m. The court may enter an order directing the
issuance of a permit only if the obligor has proven to the
satisfaction of the court that no alternative means of
transportation are reasonably available for the above stated
purposes. No permit shall be issued to a person under the age
of 16 years who possesses an instruction permit.
    Upon entry of an order granting the issuance of a permit to
an obligor, the court shall report this finding to the
Secretary of State on a form prescribed by the Secretary. This
form shall state whether the permit has been granted for
employment or medical purposes and the specific days and hours
for which limited driving privileges have been granted.
    (a-1) Following the entry of an order that a person has
been found in contempt by the court for failure to follow a
visitation order, the court may enter an order directing the
Secretary of State to issue a family responsibility driving
permit for the purpose of providing the person the privilege of
operating a motor vehicle between the person's residence and
place of employment or within the scope of employment related
duties, or for the purpose of providing transportation for the
person or a household member to receive alcohol treatment,
other drug treatment, or medical care. If the person is
unemployed, the court may issue the order for the purpose of
seeking employment, which may be subject to the requirements
set forth in subsection (a) of Section 505.1 of the Illinois
Marriage and Dissolution of Marriage Act. Except upon a showing
of good cause, any permit issued for the purpose of seeking
employment shall be limited to Monday through Friday between
the hours of 8 a.m. and 12 p.m. The court may enter an order
directing the issuance of a permit only if the person has
proven to the satisfaction of the court that no alternative
means of transportation are reasonably available for the above
stated purposes. No permit shall be issued to a person under
the age of 16 years who possesses an instruction permit. Upon
entry of an order granting the issuance of a permit to a
person, the court shall report this finding to the Secretary of
State on a form prescribed by the Secretary. This form shall
state whether the permit has been granted for employment or
medical purposes and the specific days and hours for which
limited driving privileges have been granted.
    (a-2) The family financial responsibility driving permit
shall be subject to cancellation, invalidation, suspension,
and revocation by the Secretary of State in the same manner and
for the same reasons as a driver's license may be cancelled,
invalidated, suspended, or revoked.
    The Secretary of State shall, upon receipt of a certified
court order from the court of jurisdiction, issue a family
financial responsibility driving permit. In order for this
permit to be issued, an individual's driving privileges must be
valid except for the family financial responsibility
suspension or the family responsibility suspension. This
permit shall be valid only for employment and medical purposes
as set forth above. The permit shall state the days and hours
for which limited driving privileges have been granted.
    Any submitted court order that contains insufficient data
or fails to comply with any provision of this Code shall not be
used for issuance of the permit or entered to the individual's
driving record but shall be returned to the court of
jurisdiction indicating why the permit cannot be issued at that
time. The Secretary of State shall also send notice of the
return of the court order to the individual requesting the
permit.
    (b) Following certification of delinquency pursuant to
subsection (c) of Section 7-702 of this Code, and upon petition
by the obligor whose driver's license has been suspended under
that subsection, the Department of Healthcare and Family
Services may direct the Secretary of State to issue a family
financial responsibility driving permit for the purpose of
providing the obligor the privilege of operating a motor
vehicle between the obligor's residence and place of
employment, or within the scope of employment related duties,
or for the purpose of providing transportation for the obligor
or a household member to receive alcohol treatment, other drug
treatment, or medical care. If the obligor is unemployed, the
Department of Healthcare and Family Services may direct the
issuance of the permit for the purpose of seeking employment,
which may be subject to the requirements set forth in
subsection (a) of Section 505.1 of the Illinois Marriage and
Dissolution of Marriage Act. Except upon a showing of good
cause, any permit issued for the purpose of seeking employment
shall be limited to Monday through Friday between the hours of
8 a.m. and 12 p.m. The Department of Healthcare and Family
Services may direct the issuance of a permit only if the
obligor has proven to the Department's satisfaction that no
alternative means of transportation is reasonably available
for the above stated purposes.
    The Department of Healthcare and Family Services shall
report to the Secretary of State the finding granting a permit
on a form prescribed by the Secretary of State. The form shall
state the purpose for which the permit has been granted, the
specific days and hours for which limited driving privileges
are allowed, and the duration of the permit.
    The family financial responsibility driving permit shall
be subject to cancellation, invalidation, suspension, and
revocation by the Secretary of State in the same manner and for
the same reasons as a driver's license may be cancelled,
invalidated, suspended, or revoked.
    As directed by the Department of Healthcare and Family
Services, the Secretary of State shall issue a family financial
responsibility driving permit, but only if the obligor's
driving privileges are valid except for the family financial
responsibility suspension. The permit shall state the purpose
or purposes for which it was granted under this subsection, the
specific days and hours for which limited driving privileges
are allowed, and the duration of the permit.
    If the Department of Healthcare and Family Services
directive to issue a family financial responsibility driving
permit contains insufficient data or fails to comply with any
provision of this Code, a permit shall not be issued and the
directive shall be returned to the Department of Healthcare and
Family Services. The Secretary of State shall also send notice
of the return of the Department's directive to the obligor
requesting the permit.
    (c) In accordance with 49 C.F.R. Part 384, the Secretary of
State may not issue a family financial responsibility driving
permit to any person for the operation of a commercial motor
vehicle if the person's driving privileges have been suspended
under any provisions of this Code.
(Source: P.A. 96-1284, eff. 1-1-11.)
 
    (625 ILCS 5/7-703)
    Sec. 7-703. Courts to report non-payment of court ordered
support or orders concerning driving privileges.
    (a) The clerk of the circuit court, as provided in
subsection (b) of Section 505 of the Illinois Marriage and
Dissolution of Marriage Act or as provided in Section 15 of the
Illinois Parentage Act of 1984, shall forward to the Secretary
of State, on a form prescribed by the Secretary, an
authenticated document certifying the court's order suspending
the driving privileges of the obligor. For any such
certification, the clerk of the court shall charge the obligor
a fee of $5 as provided in the Clerks of Courts Act.
    (b) If an obligor has been adjudicated in arrears in court
ordered child support payments in an amount equal to 90 days
obligation or more but has not been held in contempt of court,
the circuit court may order that the obligor's driving
privileges be suspended. If the circuit court orders that the
obligor's driving privileges be suspended, it shall forward to
the Secretary of State, on a form prescribed by the Secretary,
an authenticated document certifying the court's order
suspending the driving privileges of the obligor. The
authenticated document shall be forwarded to the Secretary of
State by the court no later than 45 days after entry of the
order suspending the obligor's driving privileges.
    (c) The clerk of the circuit court, as provided in
subsection (c-1) of Section 607.1 of the Illinois Marriage and
Dissolution of Marriage Act, shall forward to the Secretary of
State, on a form prescribed by the Secretary, an authenticated
document certifying the court's order suspending the driving
privileges of the party. For any such certification, the clerk
of the court shall charge the party a fee of $5 as provided in
the Clerks of Courts Act.
    (d) If a party has been adjudicated to have engaged in
visitation abuse, the circuit court may order that the party's
driving privileges be suspended. If the circuit court orders
that the party's driving privileges be suspended, it shall
forward to the Secretary of State, on a form prescribed by the
Secretary, an authenticated document certifying the court's
order suspending the driving privileges of the party. The
authenticated document shall be forwarded to the Secretary of
State by the court no later than 45 days after entry of the
order suspending the party's driving privileges.
(Source: P.A. 91-613, eff. 7-1-00.)
 
    (625 ILCS 5/7-704)
    Sec. 7-704. Suspension to continue until compliance with
court order of support.
    (a) The suspension of a driver's license shall remain in
effect unless and until the Secretary of State receives
authenticated documentation that the obligor is in compliance
with a court order of support or that the order has been stayed
by a subsequent order of the court. Full driving privileges
shall not be issued by the Secretary of State until
notification of compliance has been received from the court.
The circuit clerks shall report the obligor's compliance with a
court order of support to the Secretary of State, on a form
prescribed by the Secretary.
    (a-1) The suspension of a driver's license shall remain in
effect unless and until the Secretary of State receives
authenticated documentation as to the person who violated a
visitation order that the court has determined that there has
been sufficient compliance for a sufficient period of time with
the court's order concerning visitation and that full driving
privileges shall be reinstated or that the order has been
stayed by a subsequent order of the court. Full driving
privileges shall not be issued by the Secretary of State until
notification has been received from the court. The circuit
clerk shall report any court order in which the court
determined that there has been sufficient compliance for a
sufficient period of time with the court's order concerning
visitation and that full driving privileges shall be reinstated
to the Secretary of State on a form prescribed by the
Secretary.
    (b) Whenever, after one suspension of an individual's
driver's license for failure to pay child support, another
order of non-payment is entered against the obligor and the
person fails to come into compliance with the court order of
support, then the Secretary shall again suspend the driver's
license of the individual and that suspension shall not be
removed unless the obligor is in full compliance with the court
order of support and has made full payment on all arrearages.
    (b-1) Whenever, after one suspension of an individual's
driver's license for failure to abide by a visitation order,
another order finding visitation abuse is entered against the
person and the court orders the suspension of the person's
driver's license, then the Secretary shall again suspend the
driver's license of the individual and that suspension shall
not be removed until the court has determined that there has
been sufficient compliance for a sufficient period of time with
the court's order concerning visitation and that full driving
privileges shall be reinstated.
    (c) Section 7-704.1, and not this Section, governs the
duration of a driver's license suspension if the suspension
occurs as the result of a certification by the Illinois
Department of Healthcare and Family Services under subsection
(c) of Section 7-702.
(Source: P.A. 95-685, eff. 10-23-07.)
 
    (625 ILCS 5/7-705)
    Sec. 7-705. Notice. The Secretary of State, prior to
suspending a driver's license under this Chapter, shall serve
written notice upon a person an obligor that the individual's
driver's license will be suspended in 60 days from the date on
the notice unless (i) the person obligor satisfies the court
order of support or the court ordered visitation and the
circuit clerk notifies the Secretary of State of this
compliance or (ii) if the Illinois Department of Healthcare and
Family Services has made a certification to the Secretary of
State under subsection (c) of Section 7-702, the Department
notifies the Secretary of State that the person licensed has
paid the support delinquency in full or has arranged for
payment of the delinquency and current support obligation in a
manner satisfactory to the Department.
(Source: P.A. 95-685, eff. 10-23-07.)
 
    (625 ILCS 5/7-705.2 new)
    Sec. 7-705.2. Notice of noncompliance with visitation
order. Before forwarding to the Secretary of State the
authenticated document under Section 7-703, the circuit court
must serve notice upon the person of its intention to suspend
the person's driver's license for being adjudicated as having
violated a visitation order in a manner deemed to be visitation
abuse. The notice must inform the person that:
        (1) The person may contest the issue of compliance at a
    hearing;
        (2) A request for a hearing must be made in writing and
    must be received by the clerk of the circuit court;
        (3) If the person does not request a hearing to contest
    the issue of compliance within 45 days after the notice of
    noncompliance is mailed, the court may order that the
    person's driver's license be suspended as provided for in
    Section 7-703;
        (4) If the circuit court certifies the person to the
    Secretary of State for noncompliance with a visitation
    order, the Secretary of State must suspend any driver's
    license or instruction permit the person holds and the
    person's right to apply for or obtain a driver's license or
    instruction permit until the court has determined that
    there has been sufficient compliance for a sufficient
    period of time with the court's order concerning visitation
    and that full driving privileges shall be reinstated;
        (5) If the person files a motion to modify visitation
    with the court or requests that the court modify a
    visitation obligation, the circuit court shall stay action
    to certify the person to the Secretary of State concerning
    court ordered visitation; and
        (6) The notice must include the address and telephone
    number of the clerk of the circuit court. The clerk of the
    circuit court shall attach a copy of the person's
    visitation order to the notice. The notice must be served
    by certified mail, return receipt requested, by service in
    hand, or as specified in the Code of Civil Procedure.
 
    (625 ILCS 5/7-706)
    Sec. 7-706. Administrative hearing. A driver may contest
this driver's license sanction by requesting an administrative
hearing in accordance with Section 2-118 of this Code. If a
written request for this hearing is received prior to the
effective date of the suspension, the suspension shall be
stayed. If a stay of the suspension is granted, it shall remain
in effect until a hearing decision is entered. At the
conclusion of this hearing, the Secretary of State may rescind
or impose the driver's license suspension. If the suspension is
upheld, it shall become effective 10 days from the date the
hearing decision is entered. If the decision is to rescind the
suspension, no suspension of driving privileges shall be
entered. The scope of this hearing shall be limited to the
following issues:
    (a) Whether the driver is the person who owes a duty to
make payments under the court or administrative order of
support or is the person with obligations under a visitation
order.
    (b) Whether (i) the authenticated document of a court order
of support or visitation order indicates that the obligor is 90
days or more delinquent or has been adjudicated in arrears in
an amount equal to 90 days obligation or more and has been
found in contempt of court for failure to pay child support or
(ii) the certification of the Illinois Department of Healthcare
and Family Services under subsection (c) of Section 7-702
indicates that the person is 90 days or more delinquent in
payment of support under an order of support issued by a court
or administrative body of this or any other State.
    (b-1) Whether the authenticated document of a visitation
order indicates that the person has violated a visitation order
and has been found to have engaged in visitation abuse and has
been found in contempt of court for failure to abide by a
visitation order.
    (c) Whether (i) a superseding authenticated document of any
court order of support has been entered or (ii) the Illinois
Department of Healthcare and Family Services, in a superseding
notification, has informed the Secretary of State that the
person certified under subsection (c) of Section 7-702 has paid
the support delinquency in full or has arranged for payment of
the delinquency and current support obligation in a manner
satisfactory to the Department.
    (c-1) Whether a superseding authenticated document of any
court order concerning visitation has been entered, in a
superseding notification, has informed the Secretary of State
that as to the person the court has determined that there has
been sufficient compliance for a sufficient period of time with
the court's order concerning visitation and that full driving
privileges shall be reinstated.
(Source: P.A. 95-685, eff. 10-23-07.)
 
    (625 ILCS 5/7-708)
    Sec. 7-708. Rules. The Secretary of State, using the
authority to license motor vehicle operators, may adopt such
rules as may be necessary to establish standards, policies, and
procedures for the suspension of driver's licenses for
non-compliance with a court or administrative order of support
or with a visitation order.
(Source: P.A. 95-685, eff. 10-23-07.)
 
    Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 607.1 as follows:
 
    (750 ILCS 5/607.1)  (from Ch. 40, par. 607.1)
    Sec. 607.1. Enforcement of visitation orders; visitation
abuse.
    (a) The circuit court shall provide an expedited procedure
for enforcement of court ordered visitation in cases of
visitation abuse. Visitation abuse occurs when a party has
willfully and without justification: (1) denied another party
visitation as set forth by the court; or (2) exercised his or
her visitation rights in a manner that is harmful to the child
or child's custodian.
    (b) An Action may be commenced by filing a petition setting
forth: (i) the petitioner's name, residence address or mailing
address, and telephone number; (ii) respondent's name and place
of residence, place of employment, or mailing address; (iii)
the nature of the visitation abuse, giving dates and other
relevant information; (iv) that a reasonable attempt was made
to resolve the dispute; and (v) the relief sought.
    Notice of the filing of the petitions shall be given as
provided in Section 511.
    (c) After hearing all of the evidence, the court may order
one or more of the following:
        (1) Modification of the visitation order to
    specifically outline periods of visitation or restrict
    visitation as provided by law.
        (2) Supervised visitation with a third party or public
    agency.
        (3) Make up visitation of the same time period, such as
    weekend for weekend, holiday for holiday.
        (4) Counseling or mediation, except in cases where
    there is evidence of domestic violence, as defined in
    Section 1 of the Domestic Violence Shelters Act, occurring
    between the parties.
        (5) Other appropriate relief deemed equitable.
    (c-1) When the court issues an order holding a party in
contempt for violation of a visitation order and finds that the
party engaged in visitation abuse, the court may order one or
more of the following:
        (1) Suspension of a party's Illinois driving
    privileges pursuant to Section 7-703 of the Illinois
    Vehicle Code until the court determines that the party is
    in compliance with the visitation order. The court may also
    order that a party be issued a family financial
    responsibility driving permit that would allow limited
    driving privileges for employment, for medical purposes,
    and to transport a child to or from scheduled visitation in
    order to comply with a visitation order in accordance with
    subsection (a-1) of Section 7-702.1 of the Illinois Vehicle
    Code.
        (2) Placement of a party on probation with such
    conditions of probation as the court deems advisable.
        (3) Sentencing of a party to periodic imprisonment for
    a period not to exceed 6 months; provided, that the court
    may permit the party to be released for periods of time
    during the day or night to:
            (A) work; or
            (B) conduct a business or other self-employed
        occupation.
        (4) Find that a party in engaging in visitation abuse
    is guilty of a petty offense and should be fined an amount
    of no more than $500 for each finding of visitation abuse.
    (d) Nothing contained in this Section shall be construed to
limit the court's contempt power, except as provided in
subsection (g) of this Section.
    (e) When the court issues an order holding a party in
contempt of court for violation of a visitation order, the
clerk shall transmit a copy of the contempt order to the
sheriff of the county. The sheriff shall furnish a copy of each
contempt order to the Department of State Police on a daily
basis in the form and manner required by the Department. The
Department shall maintain a complete record and index of the
contempt orders and make this data available to all local law
enforcement agencies.
    (f) Attorney fees and costs shall be assessed against a
party if the court finds that the enforcement action is
vexatious and constitutes harassment.
    (g) A person convicted of unlawful visitation or parenting
time interference under Section 10-5.5 of the Criminal Code of
1961 shall not be subject to the provisions of this Section and
the court may not enter a contempt order for visitation abuse
against any person for the same conduct for which the person
was convicted of unlawful visitation interference or subject
that person to the sanctions provided for in this Section.
(Source: P.A. 96-333, eff. 8-11-09; 96-675, eff. 8-25-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.