Illinois 2025-2026 Regular Session

Illinois House Bill HB1049

Introduced
1/9/25  

Caption

IMDMA-CHILD SUPPORT-DUI

Impact

The bill introduces a framework for calculating child support obligations for defendants convicted under these specific circumstances. It outlines how to compute the basic child support amounts based on the defendant's net income and requires the court to consider the financial conditions of both the defendant and the surviving parent. By mandating child support for victims' children, it seeks to alleviate the economic burden on families who lose a breadwinner due to another's negligence while driving under the influence.

Summary

House Bill 1049 seeks to implement modifications to the Illinois Marriage and Dissolution of Marriage Act and the Illinois Vehicle Code in cases involving aggravated driving under the influence (DUI) that results in the death of another. Under this legislation, if a defendant is found guilty of such an offense, the court is mandated to order the defendant to provide financial support for the minor children of the deceased victim(s). This law aims to ensure that the financial impact of such tragedies, particularly on children, is addressed directly by the perpetrator of the crime.

Contention

Notably, the bill has faced debates over its implications for defendants and the future enforcement of child support orders resulting from aggravated DUI cases. Critics argue that the requirement to impose child support may unfairly penalize individuals who might already face significant legal and financial consequences from their actions. However, supporters assert that the measure is a necessary legal obligation aimed at protecting vulnerable children who are left without parental support due to the actions of another.

Companion Bills

No companion bills found.

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