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.

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

Recording Crime Enhanced Penalties (HB 1309/PA 98-0385):  Enhances a misdemeanor battery to a felony aggravated battery when it is recorded with the intent to disseminate the recording. Allows for an extended term sentence when a defendant commits any felony and knowingly records it with the intent to disseminate the recording.  This legislation was introduced in response to a situation in which a 62-year-old woman was beaten to death by a group of individuals who allegedly attacked the victim for the purpose of making a video of the attack, which they immediately posted online.

Sex Crime Victims (HB 2471/PA 98-0416): Allows the victim of a sex crime to be identified by initials or description in court documents to protect the victim’s identity.

Child Pornography (HB 2647/PA 98-0437): Provides that the possession of each individual

• film,
• videotape,
• photograph, or
• other similar visual reproduction or depiction by computer in violation of the child pornography statute

constitutes a single and separate violation. Also provides a narrow carve-out in the mandatory consecutive sentencing provisions for possession of child pornography where the child depicted is over the age of 13 to avoid the problem of disproportionate sentencing due to mandatory consecutive sentencing.

Sexual Assault (HB 3128/PA 98-0476): Modifies the provisions prohibiting men who father a child through sexual assault or sexual abuse in order to:

• deny visitation or custody if found to have committed an act of non-consensual sex in fathering the child (currently must have a conviction of a sex offense in fathering the child);
• allow the mother or guardian of the child to decline support and maintenance obligations from the father;
• deny the father inheritance rights from the child without mother’s consent;
• deny visitation to the father’s immediate family; and
• allow the mother to use the non-consensual sexual conduct to deny custody or visitation.

Cell Phone Penalties (HB 2585/PA 98-0507): Increases the penalties in accident cases where the individual is texting, using a cell phone or watching a video device, and that action is determined to have been a cause of a crash that results in an injury or death.

Criminal Interrogations (SB 1006/PA 98-0547): Requires interrogations of the following criminal charges to be video- recorded (for both minors and adults):

• predatory criminal sexual assault of a child;
• aggravated arson;
• aggravated kidnapping;
• aggravated vehicular hijacking;
• home invasion;
• aggravated battery;
• aggravated criminal sexual assault; and
• armed robbery

Any statement of the accused taken during an interrogation that has not been recorded is inadmissible at trial. Current law does not allow police to record any interrogation other than for charges of homicide or driving under the influence that resulted in death of another person.