HB5641 Summary

• Amends the Non-Support Punishment Act to reduce the arrears threshold for Class 4 felony conviction from $20,000 to $15,000 when a support obligation remains unpaid for longer than one year.

• Maintains existing penalties where first offenses under basic non-support provisions are Class A misdemeanors, while violations involving state departure or the modified $15,000 threshold constitute Class 4 felonies.

• Establishes a rebuttable presumption that an obligor has the ability to pay support if a valid court or administrative support order was in effect during the charged time period.

• Provides that eligible first-time offenders completing the Earnfare program shall have their conviction expunged, with sentencing imposed only if they fail to complete the program.

• Requires courts to order restitution of all unpaid support obligations and allows fines ranging from $1,000 to $25,000 depending on the length of non-payment and arrears amount.