HB 861

Abstract

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that any agreement between parties for the disposition of maintenance is unconscionable if the obligee spouse is the respondent in an order of protection under the Illinois Domestic Violence Act of 1986 and the obligor spouse is the petitioner for the order of protection. Provides that a court shall not grant a maintenance award to a spouse who is the respondent in an order of protection under the Illinois Domestic Violence Act of 1986 if the petitioner is granted an order of protection and is the intended obligor and the respondent is the intended obligee. Makes corresponding changes. Senate Committee Amendment No. 1 Deletes reference to: 750 ILCS 5/502 from Ch. 40, par. 502 750 ILCS 5/504 from Ch. 40, par. 504 Adds reference to: New Act Replaces everything after the enacting clause. Creates the Domestic Violence Maintenance Task Force Act. Creates the Domestic Violence Maintenance Task Force to: research and examine maintenance award patterns in State domestic relations cases involving domestic violence; and develop recommendations to improve the safety and long-term economic security of victims of domestic violence. Includes provisions for membership, compensation, and meetings. Requires the Task Force to issue a preliminary report and a final report to the General Assembly and the Governor. Authorizes the Administrative Office of the Illinois Courts to: provide administrative support to the Task Force; and oversee the research project. Repeals the Act on January 1, 2025. Senate Floor Amendment No. 2 Changes a member of the Task Force to the Executive Direction of the Illinois Criminal Justice Information Authority or the Executive Director's designee (currently the Director of the Administrative Office of the Illinois Courts or the Director's designee). Provides that administrative support shall be provided by the Illinois Criminal Justice Information Authority (rather than the Administrative Office of the Illinois Courts). Provides that the Illinois Criminal Justice Information Authority (rather than the Administrative Office of the Illinois Courts) shall oversee the research project. Provides that funding for the administration of the research project is subject to appropriation (rather than providing $250,000 to administer the research project).