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IL HB1854

IL HB1854
IMDMA-CHILD SUPPORT-FATAL DUI


summary

Introduced
01/28/2025
In Committee
01/29/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

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 any child of the victim. Sets forth factors the court shall consider when determining a reasonable and necessary amount of child support. Allows the Office of the Attorney General to enforce a child support order issued under the provisions. Makes a corresponding change in the Illinois Vehicle Code.

AI Summary

This bill amends the Illinois Vehicle Code and the Illinois Marriage and Dissolution of Marriage Act to establish mandatory child support requirements for defendants convicted of aggravated driving under the influence (DUI) that results in another person's death. Specifically, if a defendant is found guilty of a fatal DUI, the court will be required to order the defendant to pay child support for the victim's child until the child turns 18 or graduates high school, whichever is later. The court must consider various factors when determining the child support amount, including the child's financial needs, the standard of living the child was accustomed to, the child's physical and emotional condition, educational needs, custody arrangements, and the defendant's financial resources. The child support payments can be made directly to the surviving parent, guardian, or an appropriate agency. If the defendant is incarcerated, they must begin payments within one year of their release and can enter into a payment plan to address any arrearages. The bill aims to provide financial support for children who have lost a parent due to someone else's reckless driving, ensuring that the children's basic needs are met following the tragic loss.

Sponsors (1)

Last Action

Referred to Rules Committee (on 01/29/2025)

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