Senate Republicans List New State Laws – 10

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

Sex Offense Statute of Limitations (HB 1063/PA 98-0379): Allows for an unlimited statute of limitations in felony sex offenses where the victim is under 18, but only in cases where there is corroborating physical evidence is available or an individual who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act fails to do so.

Domestic Battery Penalties (HB 958/PA 98-0187): Increases the penalty for domestic battery to a Class 3 felony if the defendant has three prior convictions under the Code for domestic battery and to a Class 2 felony if the defendant had four or more prior convictions under the Code for domestic battery. This is an initiative to increase the penalty for individuals repeatedly convicted of domestic battery charges and prevent judges from imposing lighter sentences, such as probation or conditional discharge, in recurring cases of domestic violence.

Crimes Against Police (HB 2893/PA 98-0263): Creates an alert system called the “Crimes Against Police Officers Advisory,” administered by the State Police, to send out alerts when an offender is at large who is suspected of committing or attempting to commit crimes against a police officer. It would be similar to other emergency alert systems, such as child abduction alerts.

Residential Arson (HB 3011/PA 98-0265):  Allows for the offense of residential arson to be commenced at any time, rather than within 3 years after the commission of the offense as stipulated in current law.

Sex Offender Prohibitions (HB 3023/PA 98-0266):  Prohibits a child sex offender from being present in a playground or recreation area within any publicly accessible privately owned building when children are present unless the offender is a parent or guardian of a child there. This would include places such as the play area at McDonald’s.

E-notification of Felony Release (HB 3029/PA 98-0267): Allows for the electronic notification of any release of any person who has been convicted of a felony to the appropriate State’s Attorney, sheriff, law enforcement agency, or public housing agency if they have provided the Department of Corrections with an accurate e-mail address.

Eavesdropping (HB 3038/PA 98-0268): Aligns civil remedies for eavesdropping with the criminal violation by including “electronic communications.” The bill is intended to shield certain legitimate conduct (the exercising of parental rights and the gathering of news by journalists) from subjecting the person to civil liability for eavesdropping.

Statute of Limitations for Civil Child Sex Abuse Cases (SB 1399/PA 98-0276): Provides that a civil case based on childhood sexual abuse may be commenced at any time.

DUI Blood Test Reimbursement (SB 1849/PA 98-0292): Allows reimbursement up to $500 for costs associated with a blood test when a person refuses to submit to a breath test when a defendant is found guilty or pleads guilty to a DUI. The goal is to defray the costs of employing a medical professional to perform the test. Also requires a police officer to request a blood draw if he or she suspects that a motor vehicle driven by or in actual physical control of a person under the influence of alcohol or drugs has caused the death or personal injury to another.

Unauthorized Video Recording (SB 1851/PA 98-0293): Provides that prosecution for the offense of unauthorized video recording may be commenced within one year after the discovery of the offense by the victim of that offense.  This is to allow for the prosecution of offenders in cases where the victim discovers the offense after the general limitations period has run.  In many cases the victim may not become aware of the offensive videotaping at the time of the offense or even during the general limitations period. These illegal videos and photographs can turn up years later to haunt victims.

Haeger Cemetery

Haeger Cemetery

Damaging a Grave (SB 2231/PA 98-0315): Enhances penalties for criminal damage (and defacement) to property if the property damages or defacement is made to graves, gravestones, or markers that memorialize or honor a person or group, including police officers, fire fighters, veterans, or historic figures.

Contractor Violations (HB 922/PA 98-0328): Allows the Department of Labor to bring an action against a contractor up to five (currently two) years after a violation of the Prevailing Wage Act is alleged to have occurred. Requires contractors and subcontractors who participate in public works projects to keep records for five (currently three) years from the date of the last payment. Requires a public body to keep records for five (currently three) years. Authorizes contractors to retain records in electronic (currently paper) format.

Nicotine Sales to Youth (SB 1756/PA 98-0350): Prohibits the sale of alternative nicotine products to persons under age 18, such as electronic cigarettes that contain nicotine.


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