Your Legislature’s Work Product – New Laws as of January 1, 2017 – Part 5

State Senator Karen McConnauhay sent summaries of the 200 or so laws that take effect today.

We look at court-related legislation below:

Crime, Courts, Corrections and Law Enforcement

Juvenile Critical Incidents (HB 114/PA 99-0664): States that if the Department of Children and Family Services (DCFS) is appointed legal custodian or guardian of a minor the Department must file updated case plans with the court every six months. Requires the Department of Juvenile Justice (DJJ) to file a “critical incident report” within ten (10) days after the occurrence of a critical incident involving a youth committed to the DJJ. Also requires the DJJ must file a detailed case plan with the court every 6 months for every juvenile held in detention facility.

Bath Salts Prohibition (SB 210/PA 99-0585):  Makes it a Class 3 felony with a maximum $150 fine to sell or offer for sale any bath salts in a retail mercantile establishment. The bill defines “bath salts” as any synthetic or natural material containing any quantity of a cathinone chemical structure, including any analogs, salts, isomers, or salts of isomers of any synthetic or natural material containing a cathinone chemical structure.

Capitol Police Age Limit (SB 805/PA 99-0896): Provides that the Secretary of State may not retain a person employed in the title of Capitol Police Investigator and who began employment on or after January 1, 2011 (Tier 2) in service as an investigator after he or she has reached 65 years of age (rather than the current 60 years of age limit for Illinois Vehicle Code investigators of the Secretary of State).

Rental Property Theft (SB 1120/PA 99-0534): Adds rented equipment such as tools, construction equipment, and party or special event rentals to the offense of theft of labor, services, or property.

Criminal Racial Data (HB 1437/PA 99-0666): Requires the Illinois Criminal Justice Information Authority (ICJIA) to use data reported by law enforcement agencies to determine and report the number of persons arrested and released without being charged, and report the racial and ethnic composition of those persons.

Bail Payments (SB 2252/PA 99-0618): Allows bail payments to be in the form of currency as well as other forms of payment as the sheriff, by rule, shall authorize.

Citizen Privacy Protection Act (SB 2343/PA 99-0622): Requires law enforcement to obtain a warrant based on probable cause before using cell site simulator. The bill would also require lawenforcement to delete any data the devices pick up from phones used by those who aren’t the target of an investigation.

Community Board Approved Loans (SB 2359/PA 99-0849): Allows the Board of the Association to obtain loans and mortgage or pledge assets of the association if approved by a majority vote of the entire board of managers and no longer require a vote of the owners.

Minors Charged with Homicide Counsel (SB 2370/PA 99-0882): Requires that minors under 15 years of age (rather than 13 years of age) be represented by counsel throughout the entire custodial interrogation of the minor for homicide and certain sex offenses. Provides for a simplified Miranda warning be given to minors during custodial interrogation and expands videotaping requirement of minors during questioning.

Judicial Video Conferencing Mental Health Hearing (SB 2459/PA 99-0535): Authorizes the use of video conferencing in hearings to authorize involuntary administration of psychotropic medication and electroconvulsive therapy. Any court may permit any witness, including a psychiatrist, to testify by video conferencing equipment from any location in the absence of a court rule specifically prohibiting that testimony.

Guilty Pleas (HB 2569/PA 99-0871): States that before a court can accept a guilty plea the court must explain to the defendant that as a consequence of a conviction or plea of guilty there may be an impact on the defendant as to (1) enhanced sentencing on future crimes, (2) offender registration requirements, and (3) the defendant’s ability to retain or obtain housing, employment, firearms, an occupational license, or a driver’s license.

Addiction Treatment Vacate Judgement (SB 2601/PA 99-0574): Gives a person who has successfully completed alcohol or drug addiction treatment as a condition of probation more time in which to file a motion to vacate the judgment of conviction if they are eligible.

Juvenile Offense Reduction (SB 2777/PA 99-0628): Amends the Juvenile Court Act of 1987 so that a minor cannot be committed to the Department of Juvenile Justice for a Class 4 felony of criminal trespass to a residence, criminal damage to property, criminal damage to government supported property, criminal defacement of property, disorderly conduct, or obstructing justice.

Enforcing Judgments (SB 2833/PA 99-0739): Provides that a judgment made by a hearing officer, during cases in which a defendant does not comply with a judgment, can be enforced the same way a judgment entered by a court would be enforced.

Electronic Search Warrants (SB 2875/PA 99-0798): Allows for a warrant seeking current or future location information to be made through testimony using a simultaneous video and audio transmission between the requestor and judge, based on sworn testimony communicated in the transmission.

Money Laundering Joinder (SB 2876/PA 99-0629): Adds the criminal offense of money laundering to the list of offenses that can be joined into one count of an indictment, rather than requiring each transaction to be prosecuted separately.

Child Victim Battery Testimony (SB 2880/PA 99-0630): Allows taking victim’s testimony via one-way closed circuit television in aggravated battery or aggravated domestic battery offenses of a child or developmentally delayed victim if it is taken during the proceeding and the trial court determines that testimony by the child or developmentally delayed victim in the courtroom will result in serious emotional trauma or severe emotional distress.

Conviction Reversal Costs Refunds (SB 2885/PA 99-0883): Provides that a defendant whose conviction is reversed by a finding of actual innocence, the refund of costs paid by the defendant shall be determined by the judge and paid by the clerk of the court based upon the availability of funds in the subject fund account.

Property Damage Threshold (SB 2907/PA 99-0631): Increases the felony threshold amount for damage to property from over $300 to over $500 for the offenses of criminal damage to property, institutional vandalism, and criminal defacement of property.

Sexual Assault Incidents (SB 3096/PA 99-0801): Creates the Sexual Assault Incident Procedure Act. Requires law enforcement officers to complete written reports of every sexual assault complaint. Extends the time period for victims to consent to the release of their forensic evidence kit for testing. Allows victims to request the status of their rape kit testing unless doing so would compromise or impede an ongoing investigation. Requires the Illinois State Police (ISP) to develop administrative rules on release of toxicological reports from crime lab. Allows the employment of polygraph operators to be permissive rather than mandatory. For a period of two years allows the ISP to work more directly with the Chief Procurement Officer on their contracts for equipment, services and commodities as ISP addresses the backlog.

Hearsay – Intellectual Disability (SB 3106/PA 99-0752): Extends the application of this hearsay exception to cases where the victim is a person with an intellectual disability, cognitive impairment, or developmental disability. For the purposes of allowing certain hearsay exceptions.

 Police Dog Retirement Act (SB 3129/PA 99-0817): A police dog that is in use by a county, municipal, or State law enforcement agency and is deemed no longer fit for public service shall be offered to the officer or employee who had custody during its service. If that officer does not want the police dog, it can be offered to another officer, non-profit agency or a no-kill animal shelter.

Presumptive Probation (SB 3164/PA 99-0861): Strengthens the presumption of probation for a non-violent offender being sentenced on a Class 3 or Class 4 felony who has no prior sentence of probation or prior conviction for a violent crime unless the court considers a presentence report and then determines certain findings in aggravation apply and that prison is an appropriate sentence.

Marriage and Dissolution of Marriage Act Clean-ups (HB 3898/PA 99-0763): Makes a number of technical clean-ups following up on the re-write of the Marriage and Dissolution of Marriage Act in 2015 and replaces the current Parentage Act regarding establishing parentage when assisted reproductive technology is used with a new Article 7 in the Parentage Act of 2015.

Training for Epinephrine Auto-Injectors (HB 4462/PA 99-0711): Expands access to epinephrine to treat life-threatening allergic reactions. Allows state police and other lawenforcement agencies to conduct training programs for officers on how to recognize and respond to anaphylaxis, including administration of an epinephrine auto-injector. Also allows a student to self-administer an epinephrine auto-injector while being transported on a school bus, and allows a school nurse, or trained personnel to administer an epinephrine auto-injector on anyone they believe is having an anaphylactic reaction while on a school bus. School districts, public schools, or nonpublic schools would be allowed to maintain a supply of epinephrine auto-injectors in a secure location that can be accessible before, during, and after school hours.

Appeals after Death (HB 4683/PA 99-0778): Allows a criminal appeal to proceed after a defendant’s death through the executor, administrator, or successor in interest. Provides for abatement of the case or continuation on behalf of the deceased as if he or she were still alive.

Land Trust Rights (HB 4697/PA 99-0609): States that if the identity of the trustee of a land trust has been changed by virtue of sale, assignment, or appointment – but the beneficial owner or owners of the land trust remain unchanged – then the rights of the beneficial owner or owners shall in no way be impaired by the change of trustees.

FOIA Penalties – Molly’s Law (HB 4715/PA 99-0586): Another component of Molly’s Law, which states that if a public body fails to comply with a court order to disclose public records after 30 days and the court’s order is not on appeal or stayed and the court does not grant an extension of the time for compliance, the court may impose an additional penalty of up to $1,000 for each day the violation continues.

Online Privacy from Employer (HB 4999/PA 99-0610): Makes it unlawful for any employer or prospective employer to require, request, access, authenticate, or coerce any employee or prospective employee to provide usernames and passwords to their personal online account.

Expungement of Juvenile Records (HB 5017/PA 99-0835): Allows a person who has been arrested, charged, or adjudicated delinquent for an incident occurring before his or her 18th birthday to petition the court at any time for expungement of law enforcement records and juvenile court records relating to the incident.

Crime Victim & Witness Definition (HB 5472/PA 99-0671): Amends the Crime Victims Compensation Act so that a victim also includes a person who will be called as a witness by the prosecution to establish a necessary nexus between the offender and the violent crime. Changes the definition of witness to include a person who will be called by the prosecution to give testimony establishing a necessary nexus between the offender and the violent crime.

Domestic Violence Psychology Training (HB 5538/PA 99-0810): Specifies initial recruit training and continuing education for current law enforcement officers in domestic violence victim and abuser dynamics. The bill also requires law enforcement agencies to consult with community organizations and other agencies with domestic violence expertise.

Sex Offender Monitoring (HB 5572/PA 99-0873): Creates the Sex Offenses and Sex Offender Registration Task Force tasks with identifying ways to help law enforcement and communities identify and monitor high-risk sex offenders.

Medication Assisted Addiction Treatments (HB 5594/PA 99-0554): Prohibits drug court judges from denying medication assisted treatments, like methadone, for defendants. Provides that such medically prescribed treatment does not violate the terms or conditions of the drug court treatment program.

Unclaimed Savings Bonds (HB 5607/PA 99-0556): Provides that US Savings Bonds will be presumed abandoned when such bond has remained unclaimed and unredeemed for five years after its date of final extended maturity.

Juvenile Sexual Assault (HB 5771/PA 99-0875): Prohibits mandatory natural life sentencing of juveniles for criminal sexual assault, aggravated criminal sexual assault, and predatory criminal sexual assault.

Unused Meds Disposal (HB 5781/PA 99-0648): Codifies the authority of police officers, coroners, and medical examiners to dispose of unused medications found at the scene of a death following consultation with the investigating law enforcement agency. If an autopsy is performed as part of a death investigation, no medication seized shall be disposed of until after a toxicology report is received by the entity requesting the report.

Occupational Licensing with Past Crimes (HB 5973/PA 99-0876): The Department of Financial and Professional Regulation may only deny a license based upon consideration of specified mitigating factors for specified felonies directly related to the practice of funeral directing and embalming, roofing contracting, or cosmetology, esthetics, hair braiding, nail technology, or barbering.

Molly’s Law (HB 6083/PA 99-0587): Advances another portion of “Molly’s Law” and extends the statute of limitations in wrongful death cases to five (5) years after the date of death if the death is the result of violent intentional conduct or within one (1) year after the final disposition of the criminal case if the defendant is charged with a homicide offense. However, it only applies to the violent actor and that these changes apply to causes of action that accrue on or after the effective date.

Electronic Orders of Protection (HB 6109/PA 99-0718): States that the Supreme Court may establish a pilot program for the filing of petitions for temporary orders of protection by electronic means and for the issuance of such orders by audio-visual means.

Accelerated Resolution Expansion (HB 6190/PA 99-0724): Adds certain traffic offenses and Class 4 controlled substances violations as eligible to be considered as part of the accelerated resolution program. The law creates a faster way for courts and jails to address the indigent accused who often stay in jail instead of being released on bail simply because they do not have enough money for a bail bond by processing certain non-violent offenders within 30 days.

Inmate Payphone Pricing (HB 6200/PA 99-0878): Beginning January 1, 2018, Central Management Services (CMS) shall contract with the qualified vendor who proposes the lowest per minute rate not exceeding 7 cents per minute for debit, prepaid, collect calls. The current rate is $0.11 per minute.

Juvenile Probation (HB 6291/PA 99-0879): Eliminates the five-year mandatory juvenile probation period on all offenses other than first degree murder. This reduces the probationary period for aggravated criminal sexual assault, criminal sexual assault, aggravated battery with a firearm, among other crimes. Also prohibits the commitment of minors to the DJJ for Class 3 and Class 4 controlled substances violations, unless for multiple probation violations.

Expungement of Records (HB 6328/PA 99-0881): Removes the existing prohibition on criminal arrest record expungement for those with prior criminal convictions, but allows state’s attorneys to object on the grounds that the records contain specific relevant information aside from the mere fact of an arrest. Currently a person cannot expunge arrests if there is a prior criminal conviction.

FOID Revocation Notice (HB 6331/PA 99-0787): Requires the State Police to give notice of the revocation of a person’s Firearm Owner’s Identification (FOID) Card for being subject to an existing order of protection to all law enforcement agencies with jurisdiction to assist with the seizure of the person’s FOID Card.

Leave a Reply

Your email address will not be published.