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91_HB1555
LRB9103944RCks
1 AN ACT to amend the Non-Support of Spouse and Children
2 Act by changing Section 1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Non-Support of Spouse and Children Act is
6 amended by changing Section 1 as follows:
7 (750 ILCS 15/1) (from Ch. 40, par. 1101)
8 Sec. 1. Neglect or refusal to support; penalties.
9 (a) Every person who shall, without any lawful excuse,
10 neglect or refuse to provide for the support or maintenance
11 of his or her spouse, said spouse being in need of such
12 support or maintenance, or any person who shall, without
13 lawful excuse, desert or neglect or refuse to provide for the
14 support or maintenance of his or her child or children under
15 the age of 18 years, in need of such support or maintenance,
16 shall be deemed guilty of a Class A misdemeanor and shall be
17 liable under the provisions of the Illinois Public Aid Code
18 to the Supervisor of General Assistance, the Department of
19 Human Services, or the Illinois Department of Public Aid, as
20 the case may be, in a civil action, for the amount of general
21 assistance or assistance provided to his or her spouse or
22 children, or both spouse and children.
23 (b) In addition to any other penalties imposed for a
24 violation of this Section, the court may order the offender
25 to perform community service for not less than 30 and not
26 more than 120 hours, if community service is available in the
27 jurisdiction and is funded and approved by the county board
28 of the county where the offense was committed. In addition,
29 whenever any person is placed on supervision for an alleged
30 violation of this Section, the supervision shall be
31 conditioned upon the performance of the community service.
-2- LRB9103944RCks
1 (c) In addition to any other penalties imposed for a
2 violation of this Section, the court may sentence the
3 offender to service in a work alternative program
4 administered by the sheriff. The conditions of the program
5 are that the offender obtain or retain employment and
6 participate in a work alternative program administered by the
7 sheriff during nonworking hours. A portion of the
8 defendant's salary, as determined using the guidelines and
9 standards set forth in subsection (a) of Section 505 and in
10 Section 505.2 of the Illinois Marriage and Dissolution of
11 Marriage Act shall be deducted to pay for spouse or child
12 support. A person may not be required to participate in a
13 work alternative program under this subsection (c) if the
14 person is currently participating in a work program under
15 pursuant to Section 12 of this Act.
16 (Source: P.A. 90-733, eff. 8-11-98.)