A listing of all new laws scheduled to go into effect on January 1, continues.
A view of the Illinois Capitol rail on the third floor where the legislative chambers are located and lobbyists gather around the rail.
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.
The State Senate meets on the third floor of the north side of the Illinois State Capitol.
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
Civil Suit Settlements (SB 1912/PA 98-0548): Creates penalties and deadlines for failure to promptly pay an agreed-upon settlement in civil suits. The payment must be made within 30 days or the court may issue a judgment that would include any additional costs incurred in obtaining the judgment, and interest at the statutory rate. Opponents raised concerns about why this measure is needed, since it only applies to cases that have been settled and presumably, that settlement would already include an agreement on the payment of damages. Concerns were also raised that the measure, while being portrayed as optional, is in fact mandatory because it places the penalties and deadlines into state law. Most employer groups were opposed to the measure and raised concerns that it further damages Illinois fragile business climate.
Criminal Record Removal Fee (SB 115/PA 98-0555): Amends the Consumer Fraud and Deceptive Business Practices Act to provide that it is an unlawful practice for any person engaged in publishing or otherwise disseminating criminal record information through a print or electronic medium, to solicit or accept the payment of a fee or other consideration to remove, correct, or modify said criminal record information.
Civil Code (SB 1044/PA 98-0557): Amends several technical portions of the Civil Code of Procedures dealing with collections, garnishments and revival of judgments.
Pilot Program for Youth Offenders (SB 1192/PA 98-0558): Makes permanent and statewide the Aftercare Pilot Program for Youth Offenders. The program is intended to make sure the Department of Juvenile Justice can continue to provide case managed supervision, post-treatment and services to paroled youth. Depending on their offense, the parolee would be placed in any of several programs, including substance abuse treatment, family counseling, and alternative placements. The Pilot Program has been operating only in Cook, DuPage, Lake, Will and Kane counties. This bill would expand the program to all 102 Illinois counties.
Drone Restrictions (SB 1587/PA 98-0569): Prohibits law enforcement from using drones to gather evidence or information, except when authorized by a search warrant or in specifically enumerated emergency situations. Requires evidence be destroyed after 30 days unless part of an ongoing crime. Requires annual reporting.
County Inmate Transfers (SB 1843/PA 98-0575): Seeks to ensure that the correct county is reimbursed for the fees associated with the transfer of a juvenile offender by defining “transfer case” in the Probation and Probation Officers Act. Clarifies that jurisdiction over an offender may be transferred between circuit courts in Illinois; the probation department within the transfer jurisdiction may impose probation fees upon receiving the offender; and after the transfer has occurred, all probation fees must be paid to the probation department in the jurisdiction that has received the transfer (not the original jurisdiction).
Arrests Outside of Jurisdiction (SB 1852/PA 98-0576): Allows peace officers to conduct temporary questioning or make an arrest outside of their jurisdictions, if the officer is engaged in the investigation of criminal activity that occurred in the officer’s primary jurisdiction and the temporary questioning or arrest relates to, arises from, or is conducted as part of that investigation. This was an initiative of the DuPage County State’s Attorney in response to a court decision that ruled that, unless officers see offenders commit an offense in their jurisdictions, they can’t rely on the information they receives from officers in another jurisdiction to make the arrest. Previously, the law had been that when police officers are working together, knowledge of each is knowledge of all for determining whether an arresting officer had probable cause to arrest a defendant.
Courtroom Skyping (SB 1968/PA 98-0579): Permits foundational testimony business records to be introduced as evidence in open court through contemporaneous audio and video transmission, such as Skype, from out of state.