Senate Republicans List New State Laws – 9

A listing of all new laws scheduled to go into effect on January 1, continues.

Not all measures approved by the General Assembly go into effect on the first of the year. Bills which contain a specific effective date within the language of the measure and bills that carry an “immediate” effective date can go into effect at other times of the year.

However, January 1 is the default date for a new law to become effective if there is no specific language specifying when it will become effective.

Under the Illinois Constitution, the legislature must set a “uniform effective date” for laws passed prior to June 1 of a calendar year. That uniform effective date, which is January 1, applies if the legislation does not otherwise specify when the law becomes effective.

A listing of all new laws scheduled to go into effect on January 1, follows.

Not all measures approved by the General Assembly go into effect on the first of the year. Bills which contain a specific effective date within the language of the measure and bills that carry an “immediate” effective date can go into effect at other times of the year.

However, January 1 is the default date for a new law to become effective if there is no specific language specifying when it will become effective.

Under the Illinois Constitution, the legislature must set a “uniform effective date” for laws passed prior to June 1 of a calendar year. That uniform effective date, which is January 1, applies if the legislation does not otherwise specify when the law becomes effective.

Crime, Courts, Corrections and Law Enforcement continued

Vacating Convictions (HB 821/PA 98-0133): Clarifies and streamlines the procedure for a petitioner who has been granted a certificate of innocence after having been found actually innocent. The bill allows the court making the finding of actual innocence to issue a certificate, rather than requiring another court appearance.

Sealing of Felony Offenses (HB 3061/PA 98-0142):  Significantly expands the classes and types of felony offenses that can be sealed under current law. This will prevent employers from being able to access the criminal history of those with serious offenses in their background. Among the offenses that could be sealed would be Class 3 and Class 4 felony conviction records for theft, retail theft, deceptive practices, and forgery.

Passport Confiscation Crimes (SB 39/PA 98-0143): Provides that a judge shall (1) order the confiscation of a person’s passport or (2) impose travel restrictions for any defendant arrested for first degree murder or other “violent crime”, if the judge determines that this will reasonably assure the appearance of the defendant.  Though the bill as introduced applied to only non-U.S. citizens, as amended the bill allows a judge to confiscate the passport of both citizens and non-citizens.  This bill is similar to legislation introduced last year in reaction to a series of articles in the Chicago Tribune citing nearly a dozen instances in which suspects charged with murders, rapes and other violent crimes have fled American jurisdiction to avoid prosecution.

Child Abduction Evidence (SB 1814/PA 98-0160): Allows evidence of prior offenses of child abduction that involve the luring of a child to be introduced in a trial to prove a propensity of the defendant.

House Arrest (SB 1854/PA 98-0161): Allows a person who is sentenced to jail on a misdemeanor or probationable felony to be considered committed to the custody of the Sheriff and may serve their sentence at home, i.e. “house arrest,” through an electronic home detention program under the terms and conditions of the Sheriff.

Second Chance Prohibition (HB 3010/PA 98-0164): Creates a “Second Chance Probation” program that allows for many felony offenses to be removed from the offender’s record as soon as five years after the convict successfully completes the terms of probation. The probation is only available if both the defendant and the State’s Attorney consent. It is not available on violent offenses.

Patricia’s Law (HB 1010/PA 98-0169):  Creates “Patricia’s Law,” prohibiting a trial judge from giving court supervision for offenses arising under the Illinois Vehicle Code or similar local ordinance if the violation was the proximate cause of the death of another person. This legislation is in direct response to the Patricia McNamara tragedy where she was killed by a distracted driver, who rammed into her car after running through a stop sign. The driver, was fined and sentenced to court supervision, which means no conviction will appear on his record. The prohibition against court supervision in a fatal traffic accident only applies when the defendant’s driving abstract contains a prior conviction or supervision for a moving violation or a suspension, revocation, or cancellation of his or her license.

Anatomical Gifts (HB 2339/PA 98-0172): Brings Illinois into compliance with federal law and would refine various definitions within the Act.


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