Bill Text: IL HB0370 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Non-Support Punishment Act. Provides that it is a Class 4 felony if a person willfully fails to pay a support obligation required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than 1 year, or is in arrears in an amount greater than $15,000 (instead of $20,000), and the person has the ability to provide the support.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0370 Detail]

Download: Illinois-2015-HB0370-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB0370 Introduced , by Rep. Deborah Conroy SYNOPSIS AS INTRODUCED:
750 ILCS 16/15
Amends the Non-Support Punishment Act. Provides that it is a Class 4 felony if a person willfully fails to pay a support obligation required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than 1 year, or is in arrears in an amount greater than $15,000 (instead of $20,000), and the person has the ability to provide the support.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning family law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Non-Support Punishment Act is amended by
changing Section 15 as follows:
(750 ILCS 16/15)
Sec. 15. Failure to support.
(a) A person commits the offense of failure to support when
he or she:
(1) willfully, without any lawful excuse, refuses to
provide for the support or maintenance of his or her
spouse, with the knowledge that the spouse is in need of
such support or maintenance, or, without lawful excuse,
deserts or willfully refuses to provide for the support or
maintenance of his or her child or children in need of
support or maintenance and the person has the ability to
provide the support; or
(2) willfully fails to pay a support obligation
required under a court or administrative order for support,
if the obligation has remained unpaid for a period longer
than 6 months, or is in arrears in an amount greater than
$5,000, and the person has the ability to provide the
support; or

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(3) leaves the State with the intent to evade a support
obligation required under a court or administrative order
for support, if the obligation, regardless of when it
accrued, has remained unpaid for a period longer than 6
months, or is in arrears in an amount greater than $10,000;
or
(4) willfully fails to pay a support obligation
required under a court or administrative order for support,
if the obligation has remained unpaid for a period longer
than one year, or is in arrears in an amount greater than
$15,000 $20,000, and the person has the ability to provide
the support.
(a-5) Presumption of ability to pay support. The existence
of a court or administrative order of support that was not
based on a default judgment and was in effect for the time
period charged in the indictment or information creates a
rebuttable presumption that the obligor has the ability to pay
the support obligation for that time period.
(b) Sentence. A person convicted of a first offense under
subdivision (a)(1) or (a)(2) is guilty of a Class A
misdemeanor. A person convicted of an offense under subdivision
(a)(3) or (a)(4) or a second or subsequent offense under
subdivision (a)(1) or (a)(2) is guilty of a Class 4 felony.
(c) Expungement. A person convicted of a first offense
under subdivision (a)(1) or (a)(2) who is eligible for the
Earnfare program, shall, in lieu of the sentence prescribed in

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subsection (b), be referred to the Earnfare program. Upon
certification of completion of the Earnfare program, the
conviction shall be expunged. If the person fails to
successfully complete the Earnfare program, he or she shall be
sentenced in accordance with subsection (b).
(d) Fine. Sentences of imprisonment and fines for offenses
committed under this Act shall be as provided under Articles 8
and 9 of Chapter V of the Unified Code of Corrections, except
that the court shall order restitution of all unpaid support
payments and may impose the following fines, alone, or in
addition to a sentence of imprisonment under the following
circumstances:
(1) from $1,000 to $5,000 if the support obligation has
remained unpaid for a period longer than 2 years, or is in
arrears in an amount greater than $1,000 and not exceeding
$10,000;
(2) from $5,000 to $10,000 if the support obligation
has remained unpaid for a period longer than 5 years, or is
in arrears in an amount greater than $10,000 and not
exceeding $20,000; or
(3) from $10,000 to $25,000 if the support obligation
has remained unpaid for a period longer than 8 years, or is
in arrears in an amount greater than $20,000.
(e) Restitution shall be ordered in an amount equal to the
total unpaid support obligation as it existed at the time of
sentencing. Any amounts paid by the obligor shall be allocated

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first to current support and then to restitution ordered and
then to fines imposed under this Section.
(f) For purposes of this Act, the term "child" shall have
the meaning ascribed to it in Section 505 of the Illinois
Marriage and Dissolution of Marriage Act.
(Source: P.A. 91-613, eff. 10-1-99; 92-876, eff. 6-1-03.)