Illinois 2023-2024 Regular Session

Illinois House Bill HB3404 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3404 Introduced , by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501750 ILCS 5/520 new Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a defendant is found guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof where the violation has resulted in the death of another, the court shall order the defendant to pay an amount reasonable and necessary for support of the minor child or children of any victims. Provides for the calculation of child support for a defendant ordered to pay child support under such circumstances. Makes a corresponding change in the Illinois Vehicle Code. LRB103 29585 MXP 55980 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3404 Introduced , by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501750 ILCS 5/520 new 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 750 ILCS 5/520 new Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a defendant is found guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof where the violation has resulted in the death of another, the court shall order the defendant to pay an amount reasonable and necessary for support of the minor child or children of any victims. Provides for the calculation of child support for a defendant ordered to pay child support under such circumstances. Makes a corresponding change in the Illinois Vehicle Code. LRB103 29585 MXP 55980 b LRB103 29585 MXP 55980 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3404 Introduced , by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED:
3	3	625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501750 ILCS 5/520 new 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 750 ILCS 5/520 new
4	4	625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
5	5	750 ILCS 5/520 new
6	6	Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a defendant is found guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof where the violation has resulted in the death of another, the court shall order the defendant to pay an amount reasonable and necessary for support of the minor child or children of any victims. Provides for the calculation of child support for a defendant ordered to pay child support under such circumstances. Makes a corresponding change in the Illinois Vehicle Code.
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9	9	A BILL FOR
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11	11	HB3404 LRB103 29585 MXP 55980 b
12	12	1 AN ACT concerning civil law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Illinois Vehicle Code is amended by
16	16	5 changing Section 11-501 as follows:
17	17	6 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
18	18	7 (Text of Section before amendment by P.A. 102-982)
19	19	8 Sec. 11-501. Driving while under the influence of alcohol,
20	20	9 other drug or drugs, intoxicating compound or compounds or any
21	21	10 combination thereof.
22	22	11 (a) A person shall not drive or be in actual physical
23	23	12 control of any vehicle within this State while:
24	24	13 (1) the alcohol concentration in the person's blood,
25	25	14 other bodily substance, or breath is 0.08 or more based on
26	26	15 the definition of blood and breath units in Section
27	27	16 11-501.2;
28	28	17 (2) under the influence of alcohol;
29	29	18 (3) under the influence of any intoxicating compound
30	30	19 or combination of intoxicating compounds to a degree that
31	31	20 renders the person incapable of driving safely;
32	32	21 (4) under the influence of any other drug or
33	33	22 combination of drugs to a degree that renders the person
34	34	23 incapable of safely driving;
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3404 Introduced , by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED:
39	39	625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501750 ILCS 5/520 new 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 750 ILCS 5/520 new
40	40	625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
41	41	750 ILCS 5/520 new
42	42	Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a defendant is found guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof where the violation has resulted in the death of another, the court shall order the defendant to pay an amount reasonable and necessary for support of the minor child or children of any victims. Provides for the calculation of child support for a defendant ordered to pay child support under such circumstances. Makes a corresponding change in the Illinois Vehicle Code.
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45	45	A BILL FOR
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51	51	625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
52	52	750 ILCS 5/520 new
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71	71	1 (5) under the combined influence of alcohol, other
72	72	2 drug or drugs, or intoxicating compound or compounds to a
73	73	3 degree that renders the person incapable of safely
74	74	4 driving;
75	75	5 (6) there is any amount of a drug, substance, or
76	76	6 compound in the person's breath, blood, other bodily
77	77	7 substance, or urine resulting from the unlawful use or
78	78	8 consumption of a controlled substance listed in the
79	79	9 Illinois Controlled Substances Act, an intoxicating
80	80	10 compound listed in the Use of Intoxicating Compounds Act,
81	81	11 or methamphetamine as listed in the Methamphetamine
82	82	12 Control and Community Protection Act; or
83	83	13 (7) the person has, within 2 hours of driving or being
84	84	14 in actual physical control of a vehicle, a
85	85	15 tetrahydrocannabinol concentration in the person's whole
86	86	16 blood or other bodily substance as defined in paragraph 6
87	87	17 of subsection (a) of Section 11-501.2 of this Code.
88	88	18 Subject to all other requirements and provisions under
89	89	19 this Section, this paragraph (7) does not apply to the
90	90	20 lawful consumption of cannabis by a qualifying patient
91	91	21 licensed under the Compassionate Use of Medical Cannabis
92	92	22 Program Act who is in possession of a valid registry card
93	93	23 issued under that Act, unless that person is impaired by
94	94	24 the use of cannabis.
95	95	25 (b) The fact that any person charged with violating this
96	96	26 Section is or has been legally entitled to use alcohol,
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107	107	1 cannabis under the Compassionate Use of Medical Cannabis
108	108	2 Program Act, other drug or drugs, or intoxicating compound or
109	109	3 compounds, or any combination thereof, shall not constitute a
110	110	4 defense against any charge of violating this Section.
111	111	5 (c) Penalties.
112	112	6 (1) Except as otherwise provided in this Section, any
113	113	7 person convicted of violating subsection (a) of this
114	114	8 Section is guilty of a Class A misdemeanor.
115	115	9 (2) A person who violates subsection (a) or a similar
116	116	10 provision a second time shall be sentenced to a mandatory
117	117	11 minimum term of either 5 days of imprisonment or 240 hours
118	118	12 of community service in addition to any other criminal or
119	119	13 administrative sanction.
120	120	14 (3) A person who violates subsection (a) is subject to
121	121	15 6 months of imprisonment, an additional mandatory minimum
122	122	16 fine of $1,000, and 25 days of community service in a
123	123	17 program benefiting children if the person was transporting
124	124	18 a person under the age of 16 at the time of the violation.
125	125	19 (4) A person who violates subsection (a) a first time,
126	126	20 if the alcohol concentration in his or her blood, breath,
127	127	21 other bodily substance, or urine was 0.16 or more based on
128	128	22 the definition of blood, breath, other bodily substance,
129	129	23 or urine units in Section 11-501.2, shall be subject, in
130	130	24 addition to any other penalty that may be imposed, to a
131	131	25 mandatory minimum of 100 hours of community service and a
132	132	26 mandatory minimum fine of $500.
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143	143	1 (5) A person who violates subsection (a) a second
144	144	2 time, if at the time of the second violation the alcohol
145	145	3 concentration in his or her blood, breath, other bodily
146	146	4 substance, or urine was 0.16 or more based on the
147	147	5 definition of blood, breath, other bodily substance, or
148	148	6 urine units in Section 11-501.2, shall be subject, in
149	149	7 addition to any other penalty that may be imposed, to a
150	150	8 mandatory minimum of 2 days of imprisonment and a
151	151	9 mandatory minimum fine of $1,250.
152	152	10 (d) Aggravated driving under the influence of alcohol,
153	153	11 other drug or drugs, or intoxicating compound or compounds, or
154	154	12 any combination thereof.
155	155	13 (1) Every person convicted of committing a violation
156	156	14 of this Section shall be guilty of aggravated driving
157	157	15 under the influence of alcohol, other drug or drugs, or
158	158	16 intoxicating compound or compounds, or any combination
159	159	17 thereof if:
160	160	18 (A) the person committed a violation of subsection
161	161	19 (a) or a similar provision for the third or subsequent
162	162	20 time;
163	163	21 (B) the person committed a violation of subsection
164	164	22 (a) while driving a school bus with one or more
165	165	23 passengers on board;
166	166	24 (C) the person in committing a violation of
167	167	25 subsection (a) was involved in a motor vehicle
168	168	26 accident that resulted in great bodily harm or
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179	179	1 permanent disability or disfigurement to another, when
180	180	2 the violation was a proximate cause of the injuries;
181	181	3 (D) the person committed a violation of subsection
182	182	4 (a) and has been previously convicted of violating
183	183	5 Section 9-3 of the Criminal Code of 1961 or the
184	184	6 Criminal Code of 2012 or a similar provision of a law
185	185	7 of another state relating to reckless homicide in
186	186	8 which the person was determined to have been under the
187	187	9 influence of alcohol, other drug or drugs, or
188	188	10 intoxicating compound or compounds as an element of
189	189	11 the offense or the person has previously been
190	190	12 convicted under subparagraph (C) or subparagraph (F)
191	191	13 of this paragraph (1);
192	192	14 (E) the person, in committing a violation of
193	193	15 subsection (a) while driving at any speed in a school
194	194	16 speed zone at a time when a speed limit of 20 miles per
195	195	17 hour was in effect under subsection (a) of Section
196	196	18 11-605 of this Code, was involved in a motor vehicle
197	197	19 accident that resulted in bodily harm, other than
198	198	20 great bodily harm or permanent disability or
199	199	21 disfigurement, to another person, when the violation
200	200	22 of subsection (a) was a proximate cause of the bodily
201	201	23 harm;
202	202	24 (F) the person, in committing a violation of
203	203	25 subsection (a), was involved in a motor vehicle,
204	204	26 snowmobile, all-terrain vehicle, or watercraft
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215	215	1 accident that resulted in the death of another person,
216	216	2 when the violation of subsection (a) was a proximate
217	217	3 cause of the death;
218	218	4 (G) the person committed a violation of subsection
219	219	5 (a) during a period in which the defendant's driving
220	220	6 privileges are revoked or suspended, where the
221	221	7 revocation or suspension was for a violation of
222	222	8 subsection (a) or a similar provision, Section
223	223	9 11-501.1, paragraph (b) of Section 11-401, or for
224	224	10 reckless homicide as defined in Section 9-3 of the
225	225	11 Criminal Code of 1961 or the Criminal Code of 2012;
226	226	12 (H) the person committed the violation while he or
227	227	13 she did not possess a driver's license or permit or a
228	228	14 restricted driving permit or a judicial driving permit
229	229	15 or a monitoring device driving permit;
230	230	16 (I) the person committed the violation while he or
231	231	17 she knew or should have known that the vehicle he or
232	232	18 she was driving was not covered by a liability
233	233	19 insurance policy;
234	234	20 (J) the person in committing a violation of
235	235	21 subsection (a) was involved in a motor vehicle
236	236	22 accident that resulted in bodily harm, but not great
237	237	23 bodily harm, to the child under the age of 16 being
238	238	24 transported by the person, if the violation was the
239	239	25 proximate cause of the injury;
240	240	26 (K) the person in committing a second violation of
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251	251	1 subsection (a) or a similar provision was transporting
252	252	2 a person under the age of 16; or
253	253	3 (L) the person committed a violation of subsection
254	254	4 (a) of this Section while transporting one or more
255	255	5 passengers in a vehicle for-hire.
256	256	6 (2)(A) Except as provided otherwise, a person
257	257	7 convicted of aggravated driving under the influence of
258	258	8 alcohol, other drug or drugs, or intoxicating compound or
259	259	9 compounds, or any combination thereof is guilty of a Class
260	260	10 4 felony.
261	261	11 (B) A third violation of this Section or a similar
262	262	12 provision is a Class 2 felony. If at the time of the third
263	263	13 violation the alcohol concentration in his or her blood,
264	264	14 breath, other bodily substance, or urine was 0.16 or more
265	265	15 based on the definition of blood, breath, other bodily
266	266	16 substance, or urine units in Section 11-501.2, a mandatory
267	267	17 minimum of 90 days of imprisonment and a mandatory minimum
268	268	18 fine of $2,500 shall be imposed in addition to any other
269	269	19 criminal or administrative sanction. If at the time of the
270	270	20 third violation, the defendant was transporting a person
271	271	21 under the age of 16, a mandatory fine of $25,000 and 25
272	272	22 days of community service in a program benefiting children
273	273	23 shall be imposed in addition to any other criminal or
274	274	24 administrative sanction.
275	275	25 (C) A fourth violation of this Section or a similar
276	276	26 provision is a Class 2 felony, for which a sentence of
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287	287	1 probation or conditional discharge may not be imposed. If
288	288	2 at the time of the violation, the alcohol concentration in
289	289	3 the defendant's blood, breath, other bodily substance, or
290	290	4 urine was 0.16 or more based on the definition of blood,
291	291	5 breath, other bodily substance, or urine units in Section
292	292	6 11-501.2, a mandatory minimum fine of $5,000 shall be
293	293	7 imposed in addition to any other criminal or
294	294	8 administrative sanction. If at the time of the fourth
295	295	9 violation, the defendant was transporting a person under
296	296	10 the age of 16 a mandatory fine of $25,000 and 25 days of
297	297	11 community service in a program benefiting children shall
298	298	12 be imposed in addition to any other criminal or
299	299	13 administrative sanction.
300	300	14 (D) A fifth violation of this Section or a similar
301	301	15 provision is a Class 1 felony, for which a sentence of
302	302	16 probation or conditional discharge may not be imposed. If
303	303	17 at the time of the violation, the alcohol concentration in
304	304	18 the defendant's blood, breath, other bodily substance, or
305	305	19 urine was 0.16 or more based on the definition of blood,
306	306	20 breath, other bodily substance, or urine units in Section
307	307	21 11-501.2, a mandatory minimum fine of $5,000 shall be
308	308	22 imposed in addition to any other criminal or
309	309	23 administrative sanction. If at the time of the fifth
310	310	24 violation, the defendant was transporting a person under
311	311	25 the age of 16, a mandatory fine of $25,000, and 25 days of
312	312	26 community service in a program benefiting children shall
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323	323	1 be imposed in addition to any other criminal or
324	324	2 administrative sanction.
325	325	3 (E) A sixth or subsequent violation of this Section or
326	326	4 similar provision is a Class X felony. If at the time of
327	327	5 the violation, the alcohol concentration in the
328	328	6 defendant's blood, breath, other bodily substance, or
329	329	7 urine was 0.16 or more based on the definition of blood,
330	330	8 breath, other bodily substance, or urine units in Section
331	331	9 11-501.2, a mandatory minimum fine of $5,000 shall be
332	332	10 imposed in addition to any other criminal or
333	333	11 administrative sanction. If at the time of the violation,
334	334	12 the defendant was transporting a person under the age of
335	335	13 16, a mandatory fine of $25,000 and 25 days of community
336	336	14 service in a program benefiting children shall be imposed
337	337	15 in addition to any other criminal or administrative
338	338	16 sanction.
339	339	17 (F) For a violation of subparagraph (C) of paragraph
340	340	18 (1) of this subsection (d), the defendant, if sentenced to
341	341	19 a term of imprisonment, shall be sentenced to not less
342	342	20 than one year nor more than 12 years.
343	343	21 (G) A violation of subparagraph (F) of paragraph (1)
344	344	22 of this subsection (d) is a Class 2 felony, for which the
345	345	23 defendant, unless the court determines that extraordinary
346	346	24 circumstances exist and require probation, shall be
347	347	25 sentenced to: (i) a term of imprisonment of not less than 3
348	348	26 years and not more than 14 years if the violation resulted
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359	359	1 in the death of one person; or (ii) a term of imprisonment
360	360	2 of not less than 6 years and not more than 28 years if the
361	361	3 violation resulted in the deaths of 2 or more persons.
362	362	4 (H) For a violation of subparagraph (J) of paragraph
363	363	5 (1) of this subsection (d), a mandatory fine of $2,500,
364	364	6 and 25 days of community service in a program benefiting
365	365	7 children shall be imposed in addition to any other
366	366	8 criminal or administrative sanction.
367	367	9 (I) A violation of subparagraph (K) of paragraph (1)
368	368	10 of this subsection (d), is a Class 2 felony and a mandatory
369	369	11 fine of $2,500, and 25 days of community service in a
370	370	12 program benefiting children shall be imposed in addition
371	371	13 to any other criminal or administrative sanction. If the
372	372	14 child being transported suffered bodily harm, but not
373	373	15 great bodily harm, in a motor vehicle accident, and the
374	374	16 violation was the proximate cause of that injury, a
375	375	17 mandatory fine of $5,000 and 25 days of community service
376	376	18 in a program benefiting children shall be imposed in
377	377	19 addition to any other criminal or administrative sanction.
378	378	20 (J) A violation of subparagraph (D) of paragraph (1)
379	379	21 of this subsection (d) is a Class 3 felony, for which a
380	380	22 sentence of probation or conditional discharge may not be
381	381	23 imposed.
382	382	24 (3) Any person sentenced under this subsection (d) who
383	383	25 receives a term of probation or conditional discharge must
384	384	26 serve a minimum term of either 480 hours of community
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395	395	1 service or 10 days of imprisonment as a condition of the
396	396	2 probation or conditional discharge in addition to any
397	397	3 other criminal or administrative sanction.
398	398	4 (e) Any reference to a prior violation of subsection (a)
399	399	5 or a similar provision includes any violation of a provision
400	400	6 of a local ordinance or a provision of a law of another state
401	401	7 or an offense committed on a military installation that is
402	402	8 similar to a violation of subsection (a) of this Section.
403	403	9 (f) The imposition of a mandatory term of imprisonment or
404	404	10 assignment of community service for a violation of this
405	405	11 Section shall not be suspended or reduced by the court.
406	406	12 (g) Any penalty imposed for driving with a license that
407	407	13 has been revoked for a previous violation of subsection (a) of
408	408	14 this Section shall be in addition to the penalty imposed for
409	409	15 any subsequent violation of subsection (a).
410	410	16 (h) For any prosecution under this Section, a certified
411	411	17 copy of the driving abstract of the defendant shall be
412	412	18 admitted as proof of any prior conviction.
413	413	19 (Source: P.A. 101-363, eff. 8-9-19.)
414	414	20 (Text of Section after amendment by P.A. 102-982)
415	415	21 Sec. 11-501. Driving while under the influence of alcohol,
416	416	22 other drug or drugs, intoxicating compound or compounds or any
417	417	23 combination thereof.
418	418	24 (a) A person shall not drive or be in actual physical
419	419	25 control of any vehicle within this State while:
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430	430	1 (1) the alcohol concentration in the person's blood,
431	431	2 other bodily substance, or breath is 0.08 or more based on
432	432	3 the definition of blood and breath units in Section
433	433	4 11-501.2;
434	434	5 (2) under the influence of alcohol;
435	435	6 (3) under the influence of any intoxicating compound
436	436	7 or combination of intoxicating compounds to a degree that
437	437	8 renders the person incapable of driving safely;
438	438	9 (4) under the influence of any other drug or
439	439	10 combination of drugs to a degree that renders the person
440	440	11 incapable of safely driving;
441	441	12 (5) under the combined influence of alcohol, other
442	442	13 drug or drugs, or intoxicating compound or compounds to a
443	443	14 degree that renders the person incapable of safely
444	444	15 driving;
445	445	16 (6) there is any amount of a drug, substance, or
446	446	17 compound in the person's breath, blood, other bodily
447	447	18 substance, or urine resulting from the unlawful use or
448	448	19 consumption of a controlled substance listed in the
449	449	20 Illinois Controlled Substances Act, an intoxicating
450	450	21 compound listed in the Use of Intoxicating Compounds Act,
451	451	22 or methamphetamine as listed in the Methamphetamine
452	452	23 Control and Community Protection Act; or
453	453	24 (7) the person has, within 2 hours of driving or being
454	454	25 in actual physical control of a vehicle, a
455	455	26 tetrahydrocannabinol concentration in the person's whole
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466	466	1 blood or other bodily substance as defined in paragraph 6
467	467	2 of subsection (a) of Section 11-501.2 of this Code.
468	468	3 Subject to all other requirements and provisions under
469	469	4 this Section, this paragraph (7) does not apply to the
470	470	5 lawful consumption of cannabis by a qualifying patient
471	471	6 licensed under the Compassionate Use of Medical Cannabis
472	472	7 Program Act who is in possession of a valid registry card
473	473	8 issued under that Act, unless that person is impaired by
474	474	9 the use of cannabis.
475	475	10 (b) The fact that any person charged with violating this
476	476	11 Section is or has been legally entitled to use alcohol,
477	477	12 cannabis under the Compassionate Use of Medical Cannabis
478	478	13 Program Act, other drug or drugs, or intoxicating compound or
479	479	14 compounds, or any combination thereof, shall not constitute a
480	480	15 defense against any charge of violating this Section.
481	481	16 (c) Penalties.
482	482	17 (1) Except as otherwise provided in this Section, any
483	483	18 person convicted of violating subsection (a) of this
484	484	19 Section is guilty of a Class A misdemeanor.
485	485	20 (2) A person who violates subsection (a) or a similar
486	486	21 provision a second time shall be sentenced to a mandatory
487	487	22 minimum term of either 5 days of imprisonment or 240 hours
488	488	23 of community service in addition to any other criminal or
489	489	24 administrative sanction.
490	490	25 (3) A person who violates subsection (a) is subject to
491	491	26 6 months of imprisonment, an additional mandatory minimum
492	492
493	493
494	494
495	495
496	496
497	497	HB3404 - 13 - LRB103 29585 MXP 55980 b
498	498
499	499
500	500	HB3404- 14 -LRB103 29585 MXP 55980 b HB3404 - 14 - LRB103 29585 MXP 55980 b
501	501	HB3404 - 14 - LRB103 29585 MXP 55980 b
502	502	1 fine of $1,000, and 25 days of community service in a
503	503	2 program benefiting children if the person was transporting
504	504	3 a person under the age of 16 at the time of the violation.
505	505	4 (4) A person who violates subsection (a) a first time,
506	506	5 if the alcohol concentration in his or her blood, breath,
507	507	6 other bodily substance, or urine was 0.16 or more based on
508	508	7 the definition of blood, breath, other bodily substance,
509	509	8 or urine units in Section 11-501.2, shall be subject, in
510	510	9 addition to any other penalty that may be imposed, to a
511	511	10 mandatory minimum of 100 hours of community service and a
512	512	11 mandatory minimum fine of $500.
513	513	12 (5) A person who violates subsection (a) a second
514	514	13 time, if at the time of the second violation the alcohol
515	515	14 concentration in his or her blood, breath, other bodily
516	516	15 substance, or urine was 0.16 or more based on the
517	517	16 definition of blood, breath, other bodily substance, or
518	518	17 urine units in Section 11-501.2, shall be subject, in
519	519	18 addition to any other penalty that may be imposed, to a
520	520	19 mandatory minimum of 2 days of imprisonment and a
521	521	20 mandatory minimum fine of $1,250.
522	522	21 (d) Aggravated driving under the influence of alcohol,
523	523	22 other drug or drugs, or intoxicating compound or compounds, or
524	524	23 any combination thereof.
525	525	24 (1) Every person convicted of committing a violation
526	526	25 of this Section shall be guilty of aggravated driving
527	527	26 under the influence of alcohol, other drug or drugs, or
528	528
529	529
530	530
531	531
532	532
533	533	HB3404 - 14 - LRB103 29585 MXP 55980 b
534	534
535	535
536	536	HB3404- 15 -LRB103 29585 MXP 55980 b HB3404 - 15 - LRB103 29585 MXP 55980 b
537	537	HB3404 - 15 - LRB103 29585 MXP 55980 b
538	538	1 intoxicating compound or compounds, or any combination
539	539	2 thereof if:
540	540	3 (A) the person committed a violation of subsection
541	541	4 (a) or a similar provision for the third or subsequent
542	542	5 time;
543	543	6 (B) the person committed a violation of subsection
544	544	7 (a) while driving a school bus with one or more
545	545	8 passengers on board;
546	546	9 (C) the person in committing a violation of
547	547	10 subsection (a) was involved in a motor vehicle crash
548	548	11 that resulted in great bodily harm or permanent
549	549	12 disability or disfigurement to another, when the
550	550	13 violation was a proximate cause of the injuries;
551	551	14 (D) the person committed a violation of subsection
552	552	15 (a) and has been previously convicted of violating
553	553	16 Section 9-3 of the Criminal Code of 1961 or the
554	554	17 Criminal Code of 2012 or a similar provision of a law
555	555	18 of another state relating to reckless homicide in
556	556	19 which the person was determined to have been under the
557	557	20 influence of alcohol, other drug or drugs, or
558	558	21 intoxicating compound or compounds as an element of
559	559	22 the offense or the person has previously been
560	560	23 convicted under subparagraph (C) or subparagraph (F)
561	561	24 of this paragraph (1);
562	562	25 (E) the person, in committing a violation of
563	563	26 subsection (a) while driving at any speed in a school
564	564
565	565
566	566
567	567
568	568
569	569	HB3404 - 15 - LRB103 29585 MXP 55980 b
570	570
571	571
572	572	HB3404- 16 -LRB103 29585 MXP 55980 b HB3404 - 16 - LRB103 29585 MXP 55980 b
573	573	HB3404 - 16 - LRB103 29585 MXP 55980 b
574	574	1 speed zone at a time when a speed limit of 20 miles per
575	575	2 hour was in effect under subsection (a) of Section
576	576	3 11-605 of this Code, was involved in a motor vehicle
577	577	4 crash that resulted in bodily harm, other than great
578	578	5 bodily harm or permanent disability or disfigurement,
579	579	6 to another person, when the violation of subsection
580	580	7 (a) was a proximate cause of the bodily harm;
581	581	8 (F) the person, in committing a violation of
582	582	9 subsection (a), was involved in a motor vehicle crash
583	583	10 or snowmobile, all-terrain vehicle, or watercraft
584	584	11 accident that resulted in the death of another person,
585	585	12 when the violation of subsection (a) was a proximate
586	586	13 cause of the death;
587	587	14 (G) the person committed a violation of subsection
588	588	15 (a) during a period in which the defendant's driving
589	589	16 privileges are revoked or suspended, where the
590	590	17 revocation or suspension was for a violation of
591	591	18 subsection (a) or a similar provision, Section
592	592	19 11-501.1, paragraph (b) of Section 11-401, or for
593	593	20 reckless homicide as defined in Section 9-3 of the
594	594	21 Criminal Code of 1961 or the Criminal Code of 2012;
595	595	22 (H) the person committed the violation while he or
596	596	23 she did not possess a driver's license or permit or a
597	597	24 restricted driving permit or a judicial driving permit
598	598	25 or a monitoring device driving permit;
599	599	26 (I) the person committed the violation while he or
600	600
601	601
602	602
603	603
604	604
605	605	HB3404 - 16 - LRB103 29585 MXP 55980 b
606	606
607	607
608	608	HB3404- 17 -LRB103 29585 MXP 55980 b HB3404 - 17 - LRB103 29585 MXP 55980 b
609	609	HB3404 - 17 - LRB103 29585 MXP 55980 b
610	610	1 she knew or should have known that the vehicle he or
611	611	2 she was driving was not covered by a liability
612	612	3 insurance policy;
613	613	4 (J) the person in committing a violation of
614	614	5 subsection (a) was involved in a motor vehicle crash
615	615	6 that resulted in bodily harm, but not great bodily
616	616	7 harm, to the child under the age of 16 being
617	617	8 transported by the person, if the violation was the
618	618	9 proximate cause of the injury;
619	619	10 (K) the person in committing a second violation of
620	620	11 subsection (a) or a similar provision was transporting
621	621	12 a person under the age of 16; or
622	622	13 (L) the person committed a violation of subsection
623	623	14 (a) of this Section while transporting one or more
624	624	15 passengers in a vehicle for-hire.
625	625	16 (2)(A) Except as provided otherwise, a person
626	626	17 convicted of aggravated driving under the influence of
627	627	18 alcohol, other drug or drugs, or intoxicating compound or
628	628	19 compounds, or any combination thereof is guilty of a Class
629	629	20 4 felony.
630	630	21 (B) A third violation of this Section or a similar
631	631	22 provision is a Class 2 felony. If at the time of the third
632	632	23 violation the alcohol concentration in his or her blood,
633	633	24 breath, other bodily substance, or urine was 0.16 or more
634	634	25 based on the definition of blood, breath, other bodily
635	635	26 substance, or urine units in Section 11-501.2, a mandatory
636	636
637	637
638	638
639	639
640	640
641	641	HB3404 - 17 - LRB103 29585 MXP 55980 b
642	642
643	643
644	644	HB3404- 18 -LRB103 29585 MXP 55980 b HB3404 - 18 - LRB103 29585 MXP 55980 b
645	645	HB3404 - 18 - LRB103 29585 MXP 55980 b
646	646	1 minimum of 90 days of imprisonment and a mandatory minimum
647	647	2 fine of $2,500 shall be imposed in addition to any other
648	648	3 criminal or administrative sanction. If at the time of the
649	649	4 third violation, the defendant was transporting a person
650	650	5 under the age of 16, a mandatory fine of $25,000 and 25
651	651	6 days of community service in a program benefiting children
652	652	7 shall be imposed in addition to any other criminal or
653	653	8 administrative sanction.
654	654	9 (C) A fourth violation of this Section or a similar
655	655	10 provision is a Class 2 felony, for which a sentence of
656	656	11 probation or conditional discharge may not be imposed. If
657	657	12 at the time of the violation, the alcohol concentration in
658	658	13 the defendant's blood, breath, other bodily substance, or
659	659	14 urine was 0.16 or more based on the definition of blood,
660	660	15 breath, other bodily substance, or urine units in Section
661	661	16 11-501.2, a mandatory minimum fine of $5,000 shall be
662	662	17 imposed in addition to any other criminal or
663	663	18 administrative sanction. If at the time of the fourth
664	664	19 violation, the defendant was transporting a person under
665	665	20 the age of 16 a mandatory fine of $25,000 and 25 days of
666	666	21 community service in a program benefiting children shall
667	667	22 be imposed in addition to any other criminal or
668	668	23 administrative sanction.
669	669	24 (D) A fifth violation of this Section or a similar
670	670	25 provision is a Class 1 felony, for which a sentence of
671	671	26 probation or conditional discharge may not be imposed. If
672	672
673	673
674	674
675	675
676	676
677	677	HB3404 - 18 - LRB103 29585 MXP 55980 b
678	678
679	679
680	680	HB3404- 19 -LRB103 29585 MXP 55980 b HB3404 - 19 - LRB103 29585 MXP 55980 b
681	681	HB3404 - 19 - LRB103 29585 MXP 55980 b
682	682	1 at the time of the violation, the alcohol concentration in
683	683	2 the defendant's blood, breath, other bodily substance, or
684	684	3 urine was 0.16 or more based on the definition of blood,
685	685	4 breath, other bodily substance, or urine units in Section
686	686	5 11-501.2, a mandatory minimum fine of $5,000 shall be
687	687	6 imposed in addition to any other criminal or
688	688	7 administrative sanction. If at the time of the fifth
689	689	8 violation, the defendant was transporting a person under
690	690	9 the age of 16, a mandatory fine of $25,000, and 25 days of
691	691	10 community service in a program benefiting children shall
692	692	11 be imposed in addition to any other criminal or
693	693	12 administrative sanction.
694	694	13 (E) A sixth or subsequent violation of this Section or
695	695	14 similar provision is a Class X felony. If at the time of
696	696	15 the violation, the alcohol concentration in the
697	697	16 defendant's blood, breath, other bodily substance, or
698	698	17 urine was 0.16 or more based on the definition of blood,
699	699	18 breath, other bodily substance, or urine units in Section
700	700	19 11-501.2, a mandatory minimum fine of $5,000 shall be
701	701	20 imposed in addition to any other criminal or
702	702	21 administrative sanction. If at the time of the violation,
703	703	22 the defendant was transporting a person under the age of
704	704	23 16, a mandatory fine of $25,000 and 25 days of community
705	705	24 service in a program benefiting children shall be imposed
706	706	25 in addition to any other criminal or administrative
707	707	26 sanction.
708	708
709	709
710	710
711	711
712	712
713	713	HB3404 - 19 - LRB103 29585 MXP 55980 b
714	714
715	715
716	716	HB3404- 20 -LRB103 29585 MXP 55980 b HB3404 - 20 - LRB103 29585 MXP 55980 b
717	717	HB3404 - 20 - LRB103 29585 MXP 55980 b
718	718	1 (F) For a violation of subparagraph (C) of paragraph
719	719	2 (1) of this subsection (d), the defendant, if sentenced to
720	720	3 a term of imprisonment, shall be sentenced to not less
721	721	4 than one year nor more than 12 years.
722	722	5 (G) A violation of subparagraph (F) of paragraph (1)
723	723	6 of this subsection (d) is a Class 2 felony, for which the
724	724	7 defendant, unless the court determines that extraordinary
725	725	8 circumstances exist and require probation, shall be
726	726	9 sentenced to: (i) a term of imprisonment of not less than 3
727	727	10 years and not more than 14 years if the violation resulted
728	728	11 in the death of one person; or (ii) a term of imprisonment
729	729	12 of not less than 6 years and not more than 28 years if the
730	730	13 violation resulted in the deaths of 2 or more persons. The
731	731	14 defendant shall also be responsible to make child support
732	732	15 payments as determined by the court under Section 520 of
733	733	16 the Illinois Marriage and Dissolution of Marriage Act for
734	734	17 the minor child or children of any person or persons whose
735	735	18 deaths resulted from the violation.
736	736	19 (H) For a violation of subparagraph (J) of paragraph
737	737	20 (1) of this subsection (d), a mandatory fine of $2,500,
738	738	21 and 25 days of community service in a program benefiting
739	739	22 children shall be imposed in addition to any other
740	740	23 criminal or administrative sanction.
741	741	24 (I) A violation of subparagraph (K) of paragraph (1)
742	742	25 of this subsection (d), is a Class 2 felony and a mandatory
743	743	26 fine of $2,500, and 25 days of community service in a
744	744
745	745
746	746
747	747
748	748
749	749	HB3404 - 20 - LRB103 29585 MXP 55980 b
750	750
751	751
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753	753	HB3404 - 21 - LRB103 29585 MXP 55980 b
754	754	1 program benefiting children shall be imposed in addition
755	755	2 to any other criminal or administrative sanction. If the
756	756	3 child being transported suffered bodily harm, but not
757	757	4 great bodily harm, in a motor vehicle crash, and the
758	758	5 violation was the proximate cause of that injury, a
759	759	6 mandatory fine of $5,000 and 25 days of community service
760	760	7 in a program benefiting children shall be imposed in
761	761	8 addition to any other criminal or administrative sanction.
762	762	9 (J) A violation of subparagraph (D) of paragraph (1)
763	763	10 of this subsection (d) is a Class 3 felony, for which a
764	764	11 sentence of probation or conditional discharge may not be
765	765	12 imposed.
766	766	13 (3) Any person sentenced under this subsection (d) who
767	767	14 receives a term of probation or conditional discharge must
768	768	15 serve a minimum term of either 480 hours of community
769	769	16 service or 10 days of imprisonment as a condition of the
770	770	17 probation or conditional discharge in addition to any
771	771	18 other criminal or administrative sanction.
772	772	19 (e) Any reference to a prior violation of subsection (a)
773	773	20 or a similar provision includes any violation of a provision
774	774	21 of a local ordinance or a provision of a law of another state
775	775	22 or an offense committed on a military installation that is
776	776	23 similar to a violation of subsection (a) of this Section.
777	777	24 (f) The imposition of a mandatory term of imprisonment or
778	778	25 assignment of community service for a violation of this
779	779	26 Section shall not be suspended or reduced by the court.
780	780
781	781
782	782
783	783
784	784
785	785	HB3404 - 21 - LRB103 29585 MXP 55980 b
786	786
787	787
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789	789	HB3404 - 22 - LRB103 29585 MXP 55980 b
790	790	1 (g) Any penalty imposed for driving with a license that
791	791	2 has been revoked for a previous violation of subsection (a) of
792	792	3 this Section shall be in addition to the penalty imposed for
793	793	4 any subsequent violation of subsection (a).
794	794	5 (h) For any prosecution under this Section, a certified
795	795	6 copy of the driving abstract of the defendant shall be
796	796	7 admitted as proof of any prior conviction.
797	797	8 (Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)
798	798	9 Section 10. The Illinois Marriage and Dissolution of
799	799	10 Marriage Act is amended by adding Section 520 as follows:
800	800	11 (750 ILCS 5/520 new)
801	801	12 Sec. 520. Child support for aggravated driving under the
802	802	13 influence.
803	803	14 (a) If a defendant is found guilty of aggravated driving
804	804	15 under the influence of alcohol, other drug or drugs, or
805	805	16 intoxicating compound or compounds, or any combination thereof
806	806	17 under subparagraph (f) of paragraph (1) of subsection (d) of
807	807	18 Section 11-501 of the Illinois Vehicle Code where the
808	808	19 violation has resulted in the death of another, the court
809	809	20 shall order the defendant to pay an amount reasonable and
810	810	21 necessary for support of the minor child or children of any
811	811	22 victims. As used in this Section, "child" includes any child
812	812	23 under age 18 and any child age 19 or younger who is still
813	813	24 attending high school.
814	814
815	815
816	816
817	817
818	818
819	819	HB3404 - 22 - LRB103 29585 MXP 55980 b
820	820
821	821
822	822	HB3404- 23 -LRB103 29585 MXP 55980 b HB3404 - 23 - LRB103 29585 MXP 55980 b
823	823	HB3404 - 23 - LRB103 29585 MXP 55980 b
824	824	1 (1) Computation of basic child support obligation. The
825	825	2 court shall compute the basic child support obligation by
826	826	3 taking the following steps:
827	827	4 (A) determine the defendant's monthly net income;
828	828	5 (B) add the defendant and surviving parent's
829	829	6 monthly net incomes together to determine the combined
830	830	7 monthly net income;
831	831	8 (C) select the corresponding appropriate amount
832	832	9 from the schedule of basic child support obligation
833	833	10 based on the parties' combined monthly net income and
834	834	11 number of children; and
835	835	12 (D) calculate each party's percentage share of the
836	836	13 basic child support obligation.
837	837	14 (2) Duty of support. The court shall determine child
838	838	15 support in each case by applying the child support
839	839	16 guidelines unless the court makes a finding that
840	840	17 application of the guidelines would be inappropriate,
841	841	18 after considering the best interests of the child and
842	842	19 evidence which shows relevant factors including, but not
843	843	20 limited to, one or more of the following:
844	844	21 (A) the financial resources and needs of the
845	845	22 child;
846	846	23 (B) the financial resources and needs of a
847	847	24 surviving parent;
848	848	25 (C) the standard of living the child would have
849	849	26 enjoyed had the death of the parent or parents not
850	850
851	851
852	852
853	853
854	854
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856	856
857	857
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859	859	HB3404 - 24 - LRB103 29585 MXP 55980 b
860	860	1 resulted; and
861	861	2 (D) the physical and emotional condition of the
862	862	3 child and the child's educational needs.
863	863	4 (3) Income.
864	864	5 (A) As used in this Section, "gross income" means
865	865	6 the total of all income from all sources, except
866	866	7 "gross income" does not include (i) benefits received
867	867	8 from means-tested public assistance programs,
868	868	9 including, but not limited to, Temporary Assistance
869	869	10 for Needy Families, Supplemental Security Income, and
870	870	11 the Supplemental Nutrition Assistance Program or (ii)
871	871	12 benefits and income received for other children in the
872	872	13 household, including, but not limited to, child
873	873	14 support, survivor benefits, and foster care payments.
874	874	15 "Gross income" includes maintenance treated as taxable
875	875	16 income for federal income tax purposes to the payee
876	876	17 and received pursuant to a court order in the pending
877	877	18 proceedings or any other proceedings and shall be
878	878	19 included in the payee's gross income for purposes of
879	879	20 calculating the child support obligation.
880	880	21 (B) As used in this Section, "net income" means
881	881	22 gross income minus either the standardized tax amount
882	882	23 calculated pursuant to subparagraph (C) or the
883	883	24 individualized tax amount calculated pursuant to
884	884	25 subparagraph (D), and minus any adjustments pursuant
885	885	26 to subparagraph (F). The standardized tax amount shall
886	886
887	887
888	888
889	889
890	890
891	891	HB3404 - 24 - LRB103 29585 MXP 55980 b
892	892
893	893
894	894	HB3404- 25 -LRB103 29585 MXP 55980 b HB3404 - 25 - LRB103 29585 MXP 55980 b
895	895	HB3404 - 25 - LRB103 29585 MXP 55980 b
896	896	1 be used unless the requirements for an individualized
897	897	2 tax amount set forth in subparagraph (E) are met. "Net
898	898	3 income" includes maintenance not includable in the
899	899	4 gross taxable income of the payee for federal income
900	900	5 tax purposes under a court order in the pending
901	901	6 proceedings or any other proceedings and shall be
902	902	7 included in the payee's net income for purposes of
903	903	8 calculating the child support obligation.
904	904	9 (C) As used in this Section, "standardized tax
905	905	10 amount" means the total of federal and State income
906	906	11 taxes for a single person claiming the standard tax
907	907	12 deduction, one personal exemption, and the applicable
908	908	13 number of dependency exemptions for the minor child or
909	909	14 children of the parties, and Social Security and
910	910	15 Medicare tax calculated at the Federal Insurance
911	911	16 Contributions Act rate.
912	912	17 (D) As used in this Section, "individualized tax
913	913	18 amount" means the aggregate of the following taxes:
914	914	19 (I) federal income tax (properly calculated
915	915	20 withholding or estimated payments);
916	916	21 (II) State income tax (properly calculated
917	917	22 withholding or estimated payments); and
918	918	23 (III) Social Security or self-employment tax,
919	919	24 if applicable (or, if none, mandatory retirement
920	920	25 contributions required by law or as a condition of
921	921	26 employment) and Medicare tax calculated at the
922	922
923	923
924	924
925	925
926	926
927	927	HB3404 - 25 - LRB103 29585 MXP 55980 b
928	928
929	929
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931	931	HB3404 - 26 - LRB103 29585 MXP 55980 b
932	932	1 Federal Insurance Contributions Act rate.
933	933	2 (E) In lieu of a standardized tax amount, a
934	934	3 determination of an individualized tax amount may be
935	935	4 made under item (I), (II), or (III). If an
936	936	5 individualized tax amount determination is made under
937	937	6 this subparagraph, all relevant tax attributes
938	938	7 (including filing status, allocation of dependency
939	939	8 exemptions, and whether a party is to claim the use of
940	940	9 the standard deduction or itemized deductions for
941	941	10 federal income tax purposes) shall be as the parties
942	942	11 agree or as the court determines. To determine a
943	943	12 party's reported income, the court may order the party
944	944	13 to complete an Internal Revenue Service Form 4506-T,
945	945	14 Request for Tax Transcript.
946	946	15 (I) Agreement. Irrespective of whether the
947	947	16 parties agree on any other issue before the court,
948	948	17 if they jointly stipulate for the record the
949	949	18 parties' concurrence on a computation method for
950	950	19 the individualized tax amount that is different
951	951	20 from the method set forth under subparagraph (D),
952	952	21 the stipulated method shall be used by the court
953	953	22 unless the court rejects the proposed stipulated
954	954	23 method for good cause.
955	955	24 (II) Summary hearing. If the court determines
956	956	25 child support in a summary hearing under Section
957	957	26 501 and an eligible party opts in to the
958	958
959	959
960	960
961	961
962	962
963	963	HB3404 - 26 - LRB103 29585 MXP 55980 b
964	964
965	965
966	966	HB3404- 27 -LRB103 29585 MXP 55980 b HB3404 - 27 - LRB103 29585 MXP 55980 b
967	967	HB3404 - 27 - LRB103 29585 MXP 55980 b
968	968	1 individualized tax amount method under this item
969	969	2 (II), the individualized tax amount shall be
970	970	3 determined by the court on the basis of
971	971	4 information contained in one or both parties'
972	972	5 Supreme Court approved financial affidavit and
973	973	6 relevant supporting documents under applicable
974	974	7 court rules. No party, however, is eligible to opt
975	975	8 in unless the party, under applicable court rules,
976	976	9 has served the other party with the required
977	977	10 Supreme Court approved financial affidavit and has
978	978	11 substantially produced supporting documents
979	979	12 required by the applicable court rules.
980	980	13 (III) Evidentiary hearing. If the court
981	981	14 determines child support in an evidentiary
982	982	15 hearing, whether for purposes of a temporary order
983	983	16 or at the conclusion of a proceeding, item (II)
984	984	17 does not apply. In each such case (unless item (I)
985	985	18 governs), the individualized tax amount shall be
986	986	19 as determined by the court on the basis of the
987	987	20 record established.
988	988	21 (F) Adjustments to income.
989	989	22 (I) Multifamily adjustment. If the defendant
990	990	23 is also legally responsible for support of the
991	991	24 defendant's own child and not subject to the
992	992	25 present proceeding, there shall be an adjustment
993	993	26 to net income as follows:
994	994
995	995
996	996
997	997
998	998
999	999	HB3404 - 27 - LRB103 29585 MXP 55980 b
1000	1000
1001	1001
1002	1002	HB3404- 28 -LRB103 29585 MXP 55980 b HB3404 - 28 - LRB103 29585 MXP 55980 b
1003	1003	HB3404 - 28 - LRB103 29585 MXP 55980 b
1004	1004	1 (i) Multifamily adjustment with court
1005	1005	2 order. The court shall deduct from the
1006	1006	3 defendant's net income the amount of child
1007	1007	4 support actually paid by the defendant
1008	1008	5 pursuant to a support order unless the court
1009	1009	6 makes a finding that it would cause economic
1010	1010	7 hardship to the child.
1011	1011	8 (ii) Multifamily adjustment without court
1012	1012	9 order. Upon the request or application of a
1013	1013	10 defendant actually supporting a presumed,
1014	1014	11 acknowledged, or adjudicated child living in
1015	1015	12 or outside of that defendant's household,
1016	1016	13 there shall be an adjustment to child support.
1017	1017	14 The court shall deduct from the defendant's
1018	1018	15 net income the amount of financial support
1019	1019	16 actually paid by the defendant for the child
1020	1020	17 or 75% of the support the defendant should pay
1021	1021	18 under the child support guidelines (before
1022	1022	19 this adjustment), whichever is less, unless
1023	1023	20 the court makes a finding that it would cause
1024	1024	21 economic hardship to the child. The adjustment
1025	1025	22 shall be calculated using the defendant's
1026	1026	23 income alone.
1027	1027	24 (3.1) Business income. For purposes of calculating
1028	1028	25 child support, "net business income from the operation of
1029	1029	26 a business" means gross receipts minus ordinary and
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035	HB3404 - 28 - LRB103 29585 MXP 55980 b
1036	1036
1037	1037
1038	1038	HB3404- 29 -LRB103 29585 MXP 55980 b HB3404 - 29 - LRB103 29585 MXP 55980 b
1039	1039	HB3404 - 29 - LRB103 29585 MXP 55980 b
1040	1040	1 necessary expenses required to carry on the trade or
1041	1041	2 business. As used in this paragraph, "business" includes,
1042	1042	3 but is not limited to, sole proprietorships, closely held
1043	1043	4 corporations, partnerships, other flow-through business
1044	1044	5 entities, and self-employment. The court shall apply the
1045	1045	6 following:
1046	1046	7 (A) The accelerated component of depreciation and
1047	1047	8 any business expenses determined either judicially or
1048	1048	9 administratively to be inappropriate or excessive
1049	1049	10 shall be excluded from the total of ordinary and
1050	1050	11 necessary business expenses to be deducted in the
1051	1051	12 determination of net business income from gross
1052	1052	13 business income.
1053	1053	14 (B) Any item of reimbursement or in-kind payment
1054	1054	15 received by a defendant from a business, including,
1055	1055	16 but not limited to, a company car, reimbursed meals,
1056	1056	17 free housing, or a housing allowance, shall be counted
1057	1057	18 as income if not otherwise included in the defendant's
1058	1058	19 gross income, if the item is significant in amount and
1059	1059	20 reduces personal expenses.
1060	1060	21 (3.2) Unemployment or underemployment. If the
1061	1061	22 defendant is voluntarily unemployed or underemployed,
1062	1062	23 child support shall be calculated based on a determination
1063	1063	24 of potential income. A determination of potential income
1064	1064	25 shall be made by determining employment potential and
1065	1065	26 probable earnings level based on the defendant's work
1066	1066
1067	1067
1068	1068
1069	1069
1070	1070
1071	1071	HB3404 - 29 - LRB103 29585 MXP 55980 b
1072	1072
1073	1073
1074	1074	HB3404- 30 -LRB103 29585 MXP 55980 b HB3404 - 30 - LRB103 29585 MXP 55980 b
1075	1075	HB3404 - 30 - LRB103 29585 MXP 55980 b
1076	1076	1 history, occupational qualifications, prevailing job
1077	1077	2 opportunities, the ownership by a defendant of a
1078	1078	3 substantial non-income producing asset, and earnings
1079	1079	4 levels in the community. If there is insufficient work
1080	1080	5 history to determine employment potential and probable
1081	1081	6 earnings level, there shall be a rebuttable presumption
1082	1082	7 that the defendant's potential income is 75% of the most
1083	1083	8 recent United States Department of Health and Human
1084	1084	9 Services Federal Poverty Guidelines for a family of one
1085	1085	10 person.
1086	1086	11 (3.3) Rebuttable presumption in favor of guidelines.
1087	1087	12 There is a rebuttable presumption in any judicial or
1088	1088	13 administrative proceeding for child support that the
1089	1089	14 amount of the child support obligation that would result
1090	1090	15 from the application of the child support guidelines is
1091	1091	16 the correct amount of child support.
1092	1092	17 (3.3a) Minimum child support obligation. There is a
1093	1093	18 rebuttable presumption that a minimum child support
1094	1094	19 obligation of $40 per month, per child, will be entered
1095	1095	20 for a defendant who has actual or imputed gross income at
1096	1096	21 or less than 75% of the most recent United States
1097	1097	22 Department of Health and Human Services Federal Poverty
1098	1098	23 Guidelines for a family of one person, with a maximum
1099	1099	24 total child support obligation for the defendant of $120
1100	1100	25 per month to be divided equally among all of the
1101	1101	26 defendant's children.
1102	1102
1103	1103
1104	1104
1105	1105
1106	1106
1107	1107	HB3404 - 30 - LRB103 29585 MXP 55980 b
1108	1108
1109	1109
1110	1110	HB3404- 31 -LRB103 29585 MXP 55980 b HB3404 - 31 - LRB103 29585 MXP 55980 b
1111	1111	HB3404 - 31 - LRB103 29585 MXP 55980 b
1112	1112	1 (3.3b) Zero dollar child support order. For a
1113	1113	2 defendant with no gross income who receives only
1114	1114	3 means-tested assistance, or who cannot work due to a
1115	1115	4 medically proven disability, incarceration, or
1116	1116	5 institutionalization, there is a rebuttable presumption
1117	1117	6 that the $40 per month minimum support order is
1118	1118	7 inapplicable and a zero dollar order shall be entered.
1119	1119	8 (3.4) Deviation factors. In any action to establish or
1120	1120	9 modify child support, whether pursuant to a temporary or
1121	1121	10 final administrative or court order, the child support
1122	1122	11 guidelines shall be used as a rebuttable presumption for
1123	1123	12 the establishment or modification of the amount of child
1124	1124	13 support. The court may deviate from the child support
1125	1125	14 guidelines if the application would be inequitable,
1126	1126	15 unjust, or inappropriate. Any deviation from the
1127	1127	16 guidelines shall be accompanied by written findings by the
1128	1128	17 court specifying the reasons for the deviation and the
1129	1129	18 presumed amount under the child support guidelines without
1130	1130	19 a deviation. These reasons may include:
1131	1131	20 (A) extraordinary medical expenditures necessary
1132	1132	21 to preserve the life or health of a surviving parent or
1133	1133	22 a child subject to the child support order;
1134	1134	23 (B) additional expenses incurred for a child
1135	1135	24 subject to the child support order who has special
1136	1136	25 medical, physical, or developmental needs; and
1137	1137	26 (C) any other factor the court determines should
1138	1138
1139	1139
1140	1140
1141	1141
1142	1142
1143	1143	HB3404 - 31 - LRB103 29585 MXP 55980 b
1144	1144
1145	1145
1146	1146	HB3404- 32 -LRB103 29585 MXP 55980 b HB3404 - 32 - LRB103 29585 MXP 55980 b
1147	1147	HB3404 - 32 - LRB103 29585 MXP 55980 b
1148	1148	1 be applied upon a finding that the application of the
1149	1149	2 child support guidelines would be inappropriate, after
1150	1150	3 considering the best interests of the child.
1151	1151	4 (3.5) Income in excess of the schedule of basic child
1152	1152	5 support obligation. A court may use its discretion to
1153	1153	6 determine child support if the combined adjusted net
1154	1154	7 income exceeds the highest level of the schedule of basic
1155	1155	8 child support obligation, except that the basic child
1156	1156	9 support obligation shall not be less than the highest
1157	1157	10 level of combined net income set forth in the schedule of
1158	1158	11 basic child support obligation.
1159	1159	12 (3.6) Extracurricular activities and school expenses.
1160	1160	13 The court, in its discretion, in addition to the basic
1161	1161	14 child support obligation, may order the defendant to
1162	1162	15 contribute to the reasonable school and extracurricular
1163	1163	16 activity expenses incurred which are intended to enhance
1164	1164	17 the educational, athletic, social, or cultural development
1165	1165	18 of the child.
1166	1166	19 (3.7) Child care expenses. The court, in its
1167	1167	20 discretion, in addition to the basic child support
1168	1168	21 obligation, may order the defendant to contribute to the
1169	1169	22 reasonable child care expenses of the child. The child
1170	1170	23 care expenses shall be made payable directly to a party or
1171	1171	24 directly to the child care provider at the time of child
1172	1172	25 care services.
1173	1173	26 (A) "Child care expenses" means actual expenses
1174	1174
1175	1175
1176	1176
1177	1177
1178	1178
1179	1179	HB3404 - 32 - LRB103 29585 MXP 55980 b
1180	1180
1181	1181
1182	1182	HB3404- 33 -LRB103 29585 MXP 55980 b HB3404 - 33 - LRB103 29585 MXP 55980 b
1183	1183	HB3404 - 33 - LRB103 29585 MXP 55980 b
1184	1184	1 reasonably necessary to enable a parent or nonparent
1185	1185	2 custodian to be employed, to attend educational or
1186	1186	3 vocational training programs to improve employment
1187	1187	4 opportunities, or to search for employment. "Child
1188	1188	5 care expenses" includes deposits for securing
1189	1189	6 placement in a child care program and the cost of
1190	1190	7 before and after school care and camps when school is
1191	1191	8 not in session. A child's special needs shall be a
1192	1192	9 consideration in determining reasonable child care
1193	1193	10 expenses.
1194	1194	11 (B) Child care expenses shall be prorated in
1195	1195	12 proportion to each party's percentage share of
1196	1196	13 combined net income, and may be added to the basic
1197	1197	14 child support obligation if not paid directly by each
1198	1198	15 party to the provider of child care services. The
1199	1199	16 obligor's and obligee's portion of actual child care
1200	1200	17 expenses shall appear in the support order. If
1201	1201	18 allowed, the value of the federal income tax credit
1202	1202	19 for child care shall be subtracted from the actual
1203	1203	20 cost to determine the net child care costs.
1204	1204	21 (C) The amount of child care expenses shall be
1205	1205	22 adequate to obtain reasonable and necessary child
1206	1206	23 care. The actual child care expenses shall be used to
1207	1207	24 calculate the child care expenses, if available. When
1208	1208	25 actual child care expenses vary, the actual child care
1209	1209	26 expenses may be averaged over the most recent 12-month
1210	1210
1211	1211
1212	1212
1213	1213
1214	1214
1215	1215	HB3404 - 33 - LRB103 29585 MXP 55980 b
1216	1216
1217	1217
1218	1218	HB3404- 34 -LRB103 29585 MXP 55980 b HB3404 - 34 - LRB103 29585 MXP 55980 b
1219	1219	HB3404 - 34 - LRB103 29585 MXP 55980 b
1220	1220	1 period. When a party is temporarily unemployed or
1221	1221	2 temporarily not attending educational or vocational
1222	1222	3 training programs, future child care expenses shall be
1223	1223	4 based upon prospective expenses to be incurred upon
1224	1224	5 return to employment or educational or vocational
1225	1225	6 training programs.
1226	1226	7 (D) An order for child care expenses may be
1227	1227	8 modified upon a showing of a substantial change in
1228	1228	9 circumstances. The party incurring child care expenses
1229	1229	10 shall notify the other party within 14 days of any
1230	1230	11 change in the amount of child care expenses that would
1231	1231	12 affect the annualized child care amount as determined
1232	1232	13 in the support order.
1233	1233	14 (4) Health care.
1234	1234	15 (A) A portion of the basic child support
1235	1235	16 obligation is intended to cover basic ordinary
1236	1236	17 out-of-pocket medical expenses. The court, in its
1237	1237	18 discretion, in addition to the basic child support
1238	1238	19 obligation, shall also provide for the child's current
1239	1239	20 and future medical needs by the defendant to initiate
1240	1240	21 health insurance coverage for the child through
1241	1241	22 currently effective health insurance policies held by
1242	1242	23 the parent, purchase one or more or all health,
1243	1243	24 dental, or vision insurance policies for the child, or
1244	1244	25 provide for the child's current and future medical
1245	1245	26 needs through some other manner.
1246	1246
1247	1247
1248	1248
1249	1249
1250	1250
1251	1251	HB3404 - 34 - LRB103 29585 MXP 55980 b
1252	1252
1253	1253
1254	1254	HB3404- 35 -LRB103 29585 MXP 55980 b HB3404 - 35 - LRB103 29585 MXP 55980 b
1255	1255	HB3404 - 35 - LRB103 29585 MXP 55980 b
1256	1256	1 (B) The court, in its discretion, may order the
1257	1257	2 defendant to contribute to the reasonable health care
1258	1258	3 needs of the child not covered by insurance,
1259	1259	4 including, but not limited to, unreimbursed medical,
1260	1260	5 dental, orthodontic, or vision expenses and any
1261	1261	6 prescription medication for the child not covered
1262	1262	7 under the child's health insurance.
1263	1263	8 (C) If neither the child nor children have access
1264	1264	9 to appropriate private health insurance coverage, the
1265	1265	10 court may order the defendant to:
1266	1266	11 (I) provide health insurance coverage at any
1267	1267	12 time it becomes available at a reasonable cost; or
1268	1268	13 (II) apply for public health insurance
1269	1269	14 coverage for the child and pay a reasonable amount
1270	1270	15 of the cost of health insurance for the child.
1271	1271	16 The order may also provide that any time private
1272	1272	17 health insurance coverage is available at a reasonable
1273	1273	18 cost it will be provided instead of cash medical
1274	1274	19 support. As used in this Section, "cash medical
1275	1275	20 support" means an amount ordered to be paid toward the
1276	1276	21 cost of health insurance provided by a public entity
1277	1277	22 or by another person through employment or otherwise
1278	1278	23 or for other medical costs not covered by insurance.
1279	1279	24 (D) The amount to be added to the basic child
1280	1280	25 support obligation shall be the actual amount of the
1281	1281	26 total health insurance premium that is attributable to
1282	1282
1283	1283
1284	1284
1285	1285
1286	1286
1287	1287	HB3404 - 35 - LRB103 29585 MXP 55980 b
1288	1288
1289	1289
1290	1290	HB3404- 36 -LRB103 29585 MXP 55980 b HB3404 - 36 - LRB103 29585 MXP 55980 b
1291	1291	HB3404 - 36 - LRB103 29585 MXP 55980 b
1292	1292	1 the child who is the subject of the order. If this
1293	1293	2 amount is not available or cannot be verified, the
1294	1294	3 total cost of the health insurance premium shall be
1295	1295	4 divided by the total number of persons covered by the
1296	1296	5 policy. The cost per person derived from this
1297	1297	6 calculation shall be multiplied by the number of
1298	1298	7 children who are the subject of the order and who are
1299	1299	8 covered under the health insurance policy. This amount
1300	1300	9 shall be added to the basic child support obligation
1301	1301	10 and shall be allocated between the parties in
1302	1302	11 proportion to the parties' respective net incomes.
1303	1303	12 (E) After the health insurance premium for the
1304	1304	13 child is added to the basic child support obligation
1305	1305	14 and allocated between the parties in proportion to the
1306	1306	15 parties' respective incomes for child support
1307	1307	16 purposes, if the defendant is paying the premium, the
1308	1308	17 amount calculated for the obligee's share of the
1309	1309	18 health insurance premium for the child shall be
1310	1310	19 deducted from the defendant's share of the total child
1311	1311	20 support obligation. If the obligee is paying for
1312	1312	21 private health insurance for the child, the child
1313	1313	22 support obligation shall be increased by the
1314	1314	23 defendant's share of the premium payment. The
1315	1315	24 defendant's and obligee's portion of health insurance
1316	1316	25 costs shall appear in the support order.
1317	1317	26 (F) Prior to allowing the health insurance
1318	1318
1319	1319
1320	1320
1321	1321
1322	1322
1323	1323	HB3404 - 36 - LRB103 29585 MXP 55980 b
1324	1324
1325	1325
1326	1326	HB3404- 37 -LRB103 29585 MXP 55980 b HB3404 - 37 - LRB103 29585 MXP 55980 b
1327	1327	HB3404 - 37 - LRB103 29585 MXP 55980 b
1328	1328	1 adjustment, the defendant requesting the adjustment
1329	1329	2 must submit proof that the child has been enrolled in a
1330	1330	3 health insurance plan and must submit proof of the
1331	1331	4 cost of the premium. The court shall require the
1332	1332	5 defendant receiving the adjustment to annually submit
1333	1333	6 proof of continued coverage of the child to the
1334	1334	7 obligee, or as designated by the court.
1335	1335	8 (G) A reasonable cost for providing health
1336	1336	9 insurance coverage for the child may not exceed 5% of
1337	1337	10 the defendant's gross income. A defendant with a net
1338	1338	11 income below 133% of the most recent United States
1339	1339	12 Department of Health and Human Services Federal
1340	1340	13 Poverty Guidelines or whose child is covered by
1341	1341	14 Medicaid based on the defendant's income may not be
1342	1342	15 ordered to contribute toward or provide private
1343	1343	16 coverage, unless private coverage is obtainable
1344	1344	17 without any financial contribution by the defendant.
1345	1345	18 (H) If dental or vision insurance is included as
1346	1346	19 part of the employer's medical plan, the coverage
1347	1347	20 shall be maintained for the child. If not included in
1348	1348	21 the employer's medical plan, adding the dental or
1349	1349	22 vision insurance for the child is at the discretion of
1350	1350	23 the court.
1351	1351	24 (5) If the net income cannot be determined because of
1352	1352	25 default or any other reason, the court shall order support
1353	1353	26 in an amount considered reasonable in the particular case.
1354	1354
1355	1355
1356	1356
1357	1357
1358	1358
1359	1359	HB3404 - 37 - LRB103 29585 MXP 55980 b
1360	1360
1361	1361
1362	1362	HB3404- 38 -LRB103 29585 MXP 55980 b HB3404 - 38 - LRB103 29585 MXP 55980 b
1363	1363	HB3404 - 38 - LRB103 29585 MXP 55980 b
1364	1364	1 The final order in all cases shall state the support level
1365	1365	2 in dollar amounts. However, if the court finds that the
1366	1366	3 child support amount cannot be expressed exclusively as a
1367	1367	4 dollar amount because all or a portion of the defendant's
1368	1368	5 net income is uncertain as to source, time of payment, or
1369	1369	6 amount, the court may order a percentage amount of support
1370	1370	7 in addition to a specific dollar amount and enter such
1371	1371	8 other orders as may be necessary to determine and enforce,
1372	1372	9 on a timely basis, the applicable support ordered.
1373	1373	10 (6) If (i) the defendant was properly served with a
1374	1374	11 request for discovery of financial information relating to
1375	1375	12 the defendant's ability to provide child support, (ii) the
1376	1376	13 defendant failed to comply with the request, despite
1377	1377	14 having been ordered to do so by the court, and (iii) the
1378	1378	15 defendant is not present at the hearing to determine
1379	1379	16 support despite having received proper notice, then any
1380	1380	17 relevant financial information concerning the defendant's
1381	1381	18 ability to provide child support that was obtained
1382	1382	19 pursuant to subpoena and proper notice shall be admitted
1383	1383	20 into evidence without the need to establish any further
1384	1384	21 foundation for its admission.
1385	1385	22 (a-5) In an action to enforce an order for child support
1386	1386	23 based on the defendant's failure to make support payments as
1387	1387	24 required by the order, notice of proceedings to hold the
1388	1388	25 defendant in contempt for that failure may be served on the
1389	1389	26 defendant by personal service or by regular mail addressed to
1390	1390
1391	1391
1392	1392
1393	1393
1394	1394
1395	1395	HB3404 - 38 - LRB103 29585 MXP 55980 b
1396	1396
1397	1397
1398	1398	HB3404- 39 -LRB103 29585 MXP 55980 b HB3404 - 39 - LRB103 29585 MXP 55980 b
1399	1399	HB3404 - 39 - LRB103 29585 MXP 55980 b
1400	1400	1 the last known address of the defendant. The last known
1401	1401	2 address of the defendant may be determined from records of the
1402	1402	3 clerk of the court, from the Federal Case Registry of Child
1403	1403	4 Support Orders, or by any other reasonable means.
1404	1404	5 (b) Failure to comply with an order to pay support shall be
1405	1405	6 punishable as in other cases of contempt. In addition to other
1406	1406	7 penalties provided by law the court may, after finding the
1407	1407	8 defendant guilty of contempt, order that the defendant be:
1408	1408	9 (1) placed on probation with such conditions of
1409	1409	10 probation as the court deems advisable;
1410	1410	11 (2) sentenced to periodic imprisonment for a period
1411	1411	12 not to exceed 6 months; provided, however, that the court
1412	1412	13 may permit the defendant to be released for periods of
1413	1413	14 time during the day or night to:
1414	1414	15 (A) work; or
1415	1415	16 (B) conduct a business or other self-employed
1416	1416	17 occupation.
1417	1417	18 If a defendant who is found guilty of contempt for failure
1418	1418	19 to comply with an order to pay support is a person who conducts
1419	1419	20 a business or who is self-employed, the court in addition to
1420	1420	21 other penalties provided by law may order that the defendant
1421	1421	22 do one or more of the following: (i) provide to the court
1422	1422	23 monthly financial statements showing income and expenses from
1423	1423	24 the business or the self-employment; (ii) seek employment and
1424	1424	25 report periodically to the court with a diary, listing, or
1425	1425	26 other memorandum of his or her employment search efforts; or
1426	1426
1427	1427
1428	1428
1429	1429
1430	1430
1431	1431	HB3404 - 39 - LRB103 29585 MXP 55980 b
1432	1432
1433	1433
1434	1434	HB3404- 40 -LRB103 29585 MXP 55980 b HB3404 - 40 - LRB103 29585 MXP 55980 b
1435	1435	HB3404 - 40 - LRB103 29585 MXP 55980 b
1436	1436	1 (iii) report to the Department of Employment Security for job
1437	1437	2 search services to find employment that will be subject to
1438	1438	3 withholding for child support.
1439	1439	4 If there is a unity of interest and ownership sufficient
1440	1440	5 to render no financial separation between a defendant and
1441	1441	6 another person or persons or business entity, the court may
1442	1442	7 pierce the ownership veil of the person, persons, or business
1443	1443	8 entity to discover assets of the defendant held in the name of
1444	1444	9 that person, those persons, or that business entity. The
1445	1445	10 following circumstances are sufficient to authorize a court to
1446	1446	11 order discovery of the assets of a person, persons, or
1447	1447	12 business entity and to compel the application of any
1448	1448	13 discovered assets toward payment on the judgment for support:
1449	1449	14 (1) the defendant and the person, persons, or business
1450	1450	15 entity maintain records together.
1451	1451	16 (2) the defendant and the person, persons, or business
1452	1452	17 entity fail to maintain an arm's length relationship
1453	1453	18 between themselves with regard to any assets.
1454	1454	19 (3) the defendant transfers assets to the person,
1455	1455	20 persons, or business entity with the intent to perpetrate
1456	1456	21 a fraud on the obligee.
1457	1457	22 With respect to assets which are real property, no order
1458	1458	23 entered under this paragraph shall affect the rights of bona
1459	1459	24 fide purchasers, mortgagees, judgment creditors, or other lien
1460	1460	25 holders who acquire their interests in the property prior to
1461	1461	26 the time a notice of lis pendens pursuant to the Code of Civil
1462	1462
1463	1463
1464	1464
1465	1465
1466	1466
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1468	1468
1469	1469
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1471	1471	HB3404 - 41 - LRB103 29585 MXP 55980 b
1472	1472	1 Procedure or a copy of the order is placed of record in the
1473	1473	2 office of the recorder of deeds for the county in which the
1474	1474	3 real property is located.
1475	1475	4 The court may also order in cases where the defendant is 90
1476	1476	5 days or more delinquent in payment of support or has been
1477	1477	6 adjudicated in arrears in an amount equal to 90 days
1478	1478	7 obligation or more, that the defendant's Illinois driving
1479	1479	8 privileges be suspended until the court determines that the
1480	1480	9 defendant is in compliance with the order of support. The
1481	1481	10 court may also order that the defendant be issued a family
1482	1482	11 financial responsibility driving permit that would allow
1483	1483	12 limited driving privileges for employment and medical purposes
1484	1484	13 in accordance with Section 7-702.1 of the Illinois Vehicle
1485	1485	14 Code. The clerk of the circuit court shall certify the order
1486	1486	15 suspending the driving privileges of the defendant or granting
1487	1487	16 the issuance of a family financial responsibility driving
1488	1488	17 permit to the Secretary of State on forms prescribed by the
1489	1489	18 Secretary of State. Upon receipt of the authenticated
1490	1490	19 documents, the Secretary of State shall suspend the
1491	1491	20 defendant's driving privileges until further order of the
1492	1492	21 court and shall, if ordered by the court, subject to the
1493	1493	22 provisions of Section 7-702.1 of the Illinois Vehicle Code,
1494	1494	23 issue a family financial responsibility driving permit to the
1495	1495	24 defendant.
1496	1496	25 In addition to the penalties or punishment that may be
1497	1497	26 imposed under this Section, any person whose conduct
1498	1498
1499	1499
1500	1500
1501	1501
1502	1502
1503	1503	HB3404 - 41 - LRB103 29585 MXP 55980 b
1504	1504
1505	1505
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1507	1507	HB3404 - 42 - LRB103 29585 MXP 55980 b
1508	1508	1 constitutes a violation of Section 15 of the Non-Support
1509	1509	2 Punishment Act may be prosecuted under the Non-Support
1510	1510	3 Punishment Act, and a person convicted under the Non-Support
1511	1511	4 Punishment Act may be sentenced in accordance with the
1512	1512	5 Non-Support Punishment Act. The sentence may include, but need
1513	1513	6 not be limited to, a requirement that the person perform
1514	1514	7 community service under Section 50 of the Non-Support
1515	1515	8 Punishment or participate in a work alternative program under
1516	1516	9 Section 50 of the Non-Support Punishment. A person may not be
1517	1517	10 required to participate in a work alternative program under
1518	1518	11 Section 50 of the Non-Support Punishment Act if the person is
1519	1519	12 currently participating in a work program pursuant to Section
1520	1520	13 505.1 of this Act.
1521	1521	14 A support obligation, or any portion of a support
1522	1522	15 obligation, which becomes due and remains unpaid as of the end
1523	1523	16 of each month, excluding the child support that was due for
1524	1524	17 that month to the extent that it was not paid in that month,
1525	1525	18 shall accrue simple interest as set forth in Section 12-109 of
1526	1526	19 the Code of Civil Procedure. An order for support shall
1527	1527	20 contain a statement that a support obligation required under
1528	1528	21 the order, or any portion of a support obligation required
1529	1529	22 under the order, that becomes due and remains unpaid as of the
1530	1530	23 end of each month, excluding the child support that was due for
1531	1531	24 that month to the extent that it was not paid in that month,
1532	1532	25 shall accrue simple interest as set forth in Section 12-109 of
1533	1533	26 the Code of Civil Procedure. Failure to include the statement
1534	1534
1535	1535
1536	1536
1537	1537
1538	1538
1539	1539	HB3404 - 42 - LRB103 29585 MXP 55980 b
1540	1540
1541	1541
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1543	1543	HB3404 - 43 - LRB103 29585 MXP 55980 b
1544	1544	1 in the order for support does not affect the validity of the
1545	1545	2 order or the accrual of interest as provided in this Section.
1546	1546	3 (c) Any new or existing support order entered by the court
1547	1547	4 under this Section shall be deemed to be a series of judgments
1548	1548	5 against the person obligated to pay support thereunder, each
1549	1549	6 such judgment to be in the amount of each payment or
1550	1550	7 installment of support and each such judgment to be deemed
1551	1551	8 entered as of the date the corresponding payment or
1552	1552	9 installment becomes due under the terms of the support order.
1553	1553	10 Each such judgment shall have the full force, effect, and
1554	1554	11 attributes of any other judgment of this State, including the
1555	1555	12 ability to be enforced. Notwithstanding any other State or
1556	1556	13 local law to the contrary, a lien arises by operation of law
1557	1557	14 against the real and personal property of the defendant for
1558	1558	15 each installment of overdue support owed by the defendant.
1559	1559	16 (d) When child support is to be paid through the clerk of
1560	1560	17 the court in a county of 500,000 inhabitants or less, the order
1561	1561	18 shall direct the defendant to pay to the clerk, in addition to
1562	1562	19 the child support payments, all fees imposed by the county
1563	1563	20 board under paragraph (4) of subsection (bb) of Section 27.1a
1564	1564	21 of the Clerks of Courts Act. When child support is to be paid
1565	1565	22 through the clerk of the court in a county of more than 500,000
1566	1566	23 but less than 3,000,000 inhabitants, the order shall direct
1567	1567	24 the defendant to pay to the clerk, in addition to the child
1568	1568	25 support payments, all fees imposed by the county board under
1569	1569	26 paragraph (4) of subsection (bb) of Section 27.2 of the Clerks
1570	1570
1571	1571
1572	1572
1573	1573
1574	1574
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1576	1576
1577	1577
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1579	1579	HB3404 - 44 - LRB103 29585 MXP 55980 b
1580	1580	1 of Courts Act. Unless paid pursuant to an Income Withholding
1581	1581	2 Order or Notice for Support, the payment of the fee shall be by
1582	1582	3 payment acceptable to the clerk and shall be made to the order
1583	1583	4 of the clerk.
1584	1584	5 (e) All orders for support, when entered or modified,
1585	1585	6 shall include a provision requiring the defendant to notify
1586	1586	7 the court and, in cases in which a party is receiving child and
1587	1587	8 spouse services under Article X of the Illinois Public Aid
1588	1588	9 Code, the Department of Healthcare and Family Services, within
1589	1589	10 7 days, (i) of the name and address of any new employer of the
1590	1590	11 defendant, (ii) whether the defendant has access to health
1591	1591	12 insurance coverage through the employer or other group
1592	1592	13 coverage and, if so, the policy name and number and the names
1593	1593	14 of persons covered under the policy, except only the initials
1594	1594	15 of any covered minors shall be included, and (iii) of any new
1595	1595	16 residential or mailing address or telephone number of the
1596	1596	17 defendant. In any subsequent action to enforce a support
1597	1597	18 order, upon a sufficient showing that a diligent effort has
1598	1598	19 been made to ascertain the location of the defendant, service
1599	1599	20 of process or provision of notice necessary in the case may be
1600	1600	21 made at the last known address of the defendant in any manner
1601	1601	22 expressly provided by the Code of Civil Procedure or this Act,
1602	1602	23 which service shall be sufficient for purposes of due process.
1603	1603	24 (f) An order for support shall include a date on which the
1604	1604	25 current support obligation terminates. The termination date
1605	1605	26 shall be no earlier than the date on which the child covered by
1606	1606
1607	1607
1608	1608
1609	1609
1610	1610
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1612	1612
1613	1613
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1615	1615	HB3404 - 45 - LRB103 29585 MXP 55980 b
1616	1616	1 the order will attain the age of 18. However, if the child will
1617	1617	2 not graduate from high school until after attaining the age of
1618	1618	3 18, then the termination date shall be no earlier than the
1619	1619	4 earlier of the date on which the child's high school
1620	1620	5 graduation will occur or the date on which the child will
1621	1621	6 attain the age of 19. The order for support shall state that
1622	1622	7 the termination date does not apply to any arrearage that may
1623	1623	8 remain unpaid on that date. Nothing in this subsection shall
1624	1624	9 be construed to prevent the court from modifying the order or
1625	1625	10 terminating the order if the child is otherwise emancipated.
1626	1626	11 (g) If there is an unpaid arrearage or delinquency (as
1627	1627	12 those terms are defined in the Income Withholding for Support
1628	1628	13 Act) equal to at least one month's support obligation on the
1629	1629	14 termination date stated in the order for support or, if there
1630	1630	15 is no termination date stated in the order, on the date the
1631	1631	16 child attains the age of majority or is otherwise emancipated,
1632	1632	17 the periodic amount required to be paid for current support of
1633	1633	18 that child immediately prior to that date shall automatically
1634	1634	19 continue to be an obligation, not as current support but as
1635	1635	20 periodic payment toward satisfaction of the unpaid arrearage
1636	1636	21 or delinquency. The periodic payment shall be in addition to
1637	1637	22 any periodic payment previously required for satisfaction of
1638	1638	23 the arrearage or delinquency. The total periodic amount to be
1639	1639	24 paid toward satisfaction of the arrearage or delinquency may
1640	1640	25 be enforced and collected by any method provided by law for
1641	1641	26 enforcement and collection of child support, including, but
1642	1642
1643	1643
1644	1644
1645	1645
1646	1646
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1648	1648
1649	1649
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1651	1651	HB3404 - 46 - LRB103 29585 MXP 55980 b
1652	1652	1 not limited to, income withholding under the Income
1653	1653	2 Withholding for Support Act. Each order for support must
1654	1654	3 contain a statement notifying the parties of the requirements
1655	1655	4 of this subsection. Failure to include the statement in the
1656	1656	5 order for support does not affect the validity of the order or
1657	1657	6 the operation of the provisions of this subsection with regard
1658	1658	7 to the order. This subsection shall not be construed to
1659	1659	8 prevent or affect the establishment or modification of an
1660	1660	9 order for support of a minor child or the establishment or
1661	1661	10 modification of an order for support of a nonminor child or
1662	1662	11 educational expenses under Section 513.
1663	1663	12 (h) An order entered under this Section shall include a
1664	1664	13 provision requiring a defendant to report to the surviving
1665	1665	14 parent or nonparent custodian and to the clerk of court within
1666	1666	15 10 days each time he or she obtains new employment, and each
1667	1667	16 time his or her employment is terminated for any reason. The
1668	1668	17 report shall be in writing and shall, in the case of new
1669	1669	18 employment, include the name and address of the new employer.
1670	1670	19 Failure to report new employment or the termination of current
1671	1671	20 employment, if coupled with nonpayment of support for a period
1672	1672	21 in excess of 60 days, is indirect criminal contempt. For an
1673	1673	22 arrest for failure to report new employment, bond shall be set
1674	1674	23 in the amount of the child support that should have been paid
1675	1675	24 during the period of unreported employment. An order entered
1676	1676	25 under this Section shall also include a provision requiring
1677	1677	26 either the defendant and the obligee to advise the other of a
1678	1678
1679	1679
1680	1680
1681	1681
1682	1682
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1684	1684
1685	1685
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1687	1687	HB3404 - 47 - LRB103 29585 MXP 55980 b
1688	1688	1 change in residence within 5 days of the change except when the
1689	1689	2 court finds that the physical, mental, or emotional health of
1690	1690	3 a party or that of a child, or both, would be seriously
1691	1691	4 endangered by disclosure of the party's address.
1692	1692	5 (i) The court does not lose the powers of contempt,
1693	1693	6 driver's license suspension, or other child support
1694	1694	7 enforcement mechanisms, including, but not limited to,
1695	1695	8 criminal prosecution as set forth in this Act, upon the
1696	1696	9 emancipation of the minor child.
1697	1697	10 Section 95. No acceleration or delay. Where this Act makes
1698	1698	11 changes in a statute that is represented in this Act by text
1699	1699	12 that is not yet or no longer in effect (for example, a Section
1700	1700	13 represented by multiple versions), the use of that text does
1701	1701	14 not accelerate or delay the taking effect of (i) the changes
1702	1702	15 made by this Act or (ii) provisions derived from any other
1703	1703	16 Public Act.
1704	1704
1705	1705
1706	1706
1707	1707
1708	1708
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