A substantial revision of the Illinois Marriage and Dissolution of Marriage Act is among the bills sent to governor Rauner this legislative session. The following is a list of bills organized by topic, as originally published by the Illinois Bar Journal on www.isba.org.
Uniform Interstate Depositions and Discovery Act. PA 99-79 (Barickman, R-Bloomington; Andersson, R-Geneva) establishes a simple clerical procedure in which a subpoena from an out-of-state court is reissued as a discovery subpoena in Illinois. (For more, see IL Law Update on page 17.) Effective January 1, 2016.
Mechanics Lien Act. PA 99-178 (Sandack, R-Downers Grove; Harmon, D-Oak Park) allows a lien claimant to proceed directly against a bond substituted for the lien on the owner’s real estate or funds. The court may dismiss all parties except the principal, surety of the bond, and the lien claimant. Defenses against the lien claimant are limited to those that could be asserted by the principal or contracting owner.
The “prevailing party” in an action brought under this new subsection shall be awarded its attorney fees. The “prevailing party” is defined as a lien claimant that recovers at least 75 percent of the amount of its lien claim, or the principal of the bond if the lien claimant recovers less than 25 percent of the amount of its lien claim. The attorney’s fees for a prevailing lien claimant is limited to the amount remaining on the bond after the payment of the claim and interest, and the attorney’s fees awarded to a bond principal is limited to 50 percent of the amount of the lien claim. Effective January 1, 2016.
Structured Settlement Protection Act. Senate Bill 1268 (Haine, D-Alton; Zalewski, D-Chicago) clarifies the original intent of the Act to allow Illinois courts the authority to approve settlement transfers despite anti-assignment restrictions in the underlying structured settlement agreement. Drop date August 16, 2015; effective immediately.
Personal Information Protection Act. Senate Bill 1833 (Biss, D-Skokie; Williams, D-Chicago) expands the type of information that triggers a breach notification to consumers, including medical information outside of federal privacy laws, biometric data, contact information if combined with identifying information, and login credentials for online accounts.
Court security fee. Senate Bill 804 (Haine, D-Alton; Moffitt, R-Galesburg) allows a court security fee in excess of $25 to be imposed on civil litigants and convicted defendants if it is set according to an acceptable cost study under the Counties Code. Drop date August 16, 2015; effective January 1, 2016.
Judicial facilities fee. Senate Bill 1630 (Holmes, D-Aurora; Keith Wheeler, R-Oswego) authorizes the Kane County Board, with concurrence of the chief judge of the circuit, to impose a judicial facilities fee not to exceed $30. It will be imposed on civil litigants and defendants in criminal cases. Drop date August 27, 2015; effective immediately.
The Parentage Act. PA 99-85 (Kelly Burke, D-Evergreen Park; Mulroe, D-Chicago) is a rewrite of the Illinois Parentage Act modeled after the uniform act from the Uniform Law Commission. It regulates establishment of a parent-child relationship, authorizes genetic testing, establishes procedures regarding parentage of a child of assisted reproduction, and provides for establishment of child-support obligations. (For more, see LawPulse, New legislation brings Parentage Act up to date, in the July 2015 Journal.) Effective January 1, 2016.
IMDMA rewrite. PA 99-90 (Mulroe, D-Chicago; Kelly Burke, D-Evergreen Park) is a major rewrite of the Illinois Marriage and Dissolution of Marriage Act. It amends every part of the IMDMA, including relocation, educational expenses, and changes the terminology from custody and visitation to parenting time. (For more, see LawPulse, Family law rewrite goes to the governor, in the July 2015 Journal.) Effective January 1, 2016.
Child-support fines. PA 99-157 (Wallace, D-Rockford; Lightford, D-Chicago) gives the Department of Healthcare and Family Services the power to levy administrative fines and liens against a payor who willfully fails, after receiving two reminders from HFS, to withhold or pay over income under a properly served income-withholding notice or otherwise fails to comply with any other duties under the Income Withholding for Support Act. Effective July 1, 2017.
CRIMINAL LAW/JUVENILE JUSTICE
Consular notification of foreign nationals. PA 99-190 (Drury, D-Highwood; Raoul, D-Chicago) requires that a law enforcement officer in charge of custodial facilities must ensure that a foreign national is advised within 48 hours of booking or detention that he or she has the right to communicate with the appropriate consulate as required by the Vienna Convention. Effective January 1, 2016.
Lifetime driver’s license revocation. House Bill 1446 (Nekritz, D-Buffalo Grove; Mulroe, D-Chicago) amends current Illinois law that now prohibits a person from ever legally driving again after four DUI convictions. House Bill 1446 retains this prohibition, but it permits the person to ask the Secretary of State for an RDP (restricted driving permit) after a five-year period. If granted, the driver would be required to permanently use a BAIID device to drive for certain limited purposes and at designated times, such as to work or for child-care responsibilities. Drop date August 17, 2015; effective January 1, 2016.
Decriminalization of cannabis. House Bill 218 (Cassidy, D-Chicago; Noland, D-Elgin) imposes a fine of no more than $125 for possession of 15 grams or less of cannabis. (2) Establishes a per se standard for Cannabis-DUI of 15 nano/milliliter of blood or 25 nano/milliliter of saliva in system instead of a trace of cannabis. (3) Allows for alternative ways to test for cannabis DUI using “any bodily substance” (including saliva) for testing. This is an expansion from current law of breath, blood, and urine. (4) Keeps juvenile ordinance and civil violation dispositions confidential to reflect the intent of the Juvenile Court Act and limit collateral damage to minors. (For more, see Law Pulse, Bill would decriminalize pot possession, tie DUI to impairment, in the June 2015 Journal.) Drop date August 17, 2015; effective January 1, 2016.
New criminal law procedures. House Bill 1121 (Lang, D-Skokie; J. Cullerton, D-Chicago) implements the crime victim constitutional amendment adopted in the 2014 general election. Reorganizes and modifies the rights of crime victims and establishes additional procedures for enforcing victims’ rights. Provides that the Act does not grant any person a cause of action in equity or law for compensation for damages or attorney’s fees, nor does it create a ground for relief requested by the defendant in a criminal case. Provides that presentence reports shall be open for inspection to the victim of a crime as set forth in the Act. Drop date August 27, 2015; effective immediately.
Body cameras. Senate Bill 1304 (Raoul, D-Chicago; Sims, D-Chicago) is a comprehensive package that includes authorization and minimum standards for officer-worn video cameras. It permits use of body cameras and establishes minimum standards for retention (90 days for flagged incidents) for individuals captured on camera.
It requires independent investigation of officer-involved incidents if members of the public are killed, mandates minimum training for those principally investigating those incidents, and clarifies the process by which an independent prosecutor ought to be appointed to review such incidents. It also adds a new requirement for officers to provide persons subjected to “Terry Stops” with a stop receipt which would include officer-identifying information and the rationale for the stop. Drop date August 24, 2015; effective January 1, 2016 for most of these changes.
Juvenile sentencing. PA 99-69 (Currie, D-Chicago; Harmon, D-Oak Park) codifies the U.S. Supreme Court’s holding in Miller v. Alabama that a mandatory sentence of natural life without parole for a person under 18 years of age is a violation of the Eighth Amendment’s cruel and unusual punishment clause. The bill’s application is prospective only. Effective January 1, 2016.
Juvenile justice transfer. House Bill 3718 (Nekritz, D-Buffalo Grove; Raoul, D-Chicago) ends automatic transfer to adult court for minors under 15 and expands the discretion of juvenile court judges to make the transfer decision for children ages 16 and 17 through an individualized review of each minor’s case. Drop date August 27, 2015; effective January 1, 2016.
Juvenile justice detention. House Bill 2567 (Gabel, D-Evanston; Steans, D-Chicago) prohibits a child under the age of 13 from being held in a detention facility unless a local youth service provider has been contacted that was unable to accept the child. Drop date August 17, 2015; effective January 1, 2016.
Juvenile justice incarceration. Senate Bill 1560 (Raoul, D-Chicago; Nekrtiz, D-Buffalo Grove) ends the incarceration of children for misdemeanors, requires limits for juvenile parole terms, and includes other provisions to begin to reduce the population of incarcerated minors. Drop date August 24, 2015; effective January 1, 2016.
Speeding and supervision. House Bill 1453 (Walsh, D-Joliet; Mulroe, D-Chicago) does the following: (1) Creates the offense of aggravated special-speed limit for going 26 or more mph but less than 35 (Class B misdemeanor) and for going more than 35 mph in a school zone or highway-construction zone (Class A misdemeanor). (2) Prohibits supervision for aggravated speed in a highway-construction zone. (It doesn’t change the blanket prohibition against supervision for speeding in a school zone.) (3) Allows supervision to be given for 26 or more mph over the posted speed limit if the driver has never been convicted of this offense or been given supervision for it. (4) Prohibits supervision from being given if driving more than 26 or more mph over the posted speed limit if it was done in an urban district. (For more, see IL Law Update on page 18.) Drop date August 27, 2015; effective January 1, 2016.
Keep in mind that the governor must sign, veto, or amendatory veto a bill within 60 days of his receipt of it. The “drop date” is the 60-day deadline for each bill and is the date by which the governor must take action. If the governor takes no action on a bill by its drop date, it becomes effective by operation of law.
If you have any questions about how these new bills could affect you, don’t hesitate to contact the attorneys at McCarthy, Callas & Feeney P.C. at 309-788-2800. We would love to help you with your legal needs!