ISBA Statehouse Review for the week of April 11

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers the Juvenile Court Act (House Bill 3172), FOIA and attorney’s fees (Senate Bill 1514), Juvenile court jurisdiction (House Bill 2404) and the Condominium Property Act (House Bill 2646). More information on the bill is available below the video.

Juvenile Court Act. House Bill 3172 (Tracy, R-Brown County) repeals a provision under current law that allows a state’s attorney to prevent a judge from ordering a continuance under supervision. It passed out of the House yesterday on a 83-27 vote and is now in the Senate.

FOIA and attorney’s fees. Senate Bill 1514 (Biss, D-Skokie) provides that a requester prevails if relief is obtained through (1) a judicial order, (2) an enforceable written agreement or consent decree, or (3) a voluntary or unilateral change in position after suit has been filed under the Act. Passed out of Senate Executive and on second reading in the Senate.

Juvenile court jurisdiction. House Bill 2404 (Currie) raises the age of jurisdiction for juvenile court from 17 to 18 for most felony offenses. The jurisdictional age for misdemeanor offenses was raised from 17 to 18 several years ago, and after the Illinois Juvenile Justice Commission studied the benefits of that change, recommended that it be extended to most felonies. Essentially, House Bill 2404 would align our juvenile court jurisdiction with 38 other states, the federal government, and common culture. It is on third reading in the House awaiting a vote.

Condominium Property Act. House Bill 2646 (McAsey) does three things to resolve the Act's ambiguity that allows condominium associations to recoup income lost during the lengthy foreclosure of a condominium unit. (1) Clarifies that this Act applies to a purchase at judicial foreclosure sale (other than by a mortgagee) and a purchase from a mortgagee that acquired title through a judicial foreclosure, a consent foreclosure, a common-law strict foreclosure, or the delivery of a deed in lieu of foreclosure.

(2) Clarifies and caps the total amount the purchaser may be liable for—no more than the unit's unpaid regular monthly assessments for the nine-month period immediately preceding the judicial foreclosure. This cap includes attorney’s fees and costs incurred by the association during this nine-month period because of the nonpayment of these assessments.

(3) Requires that the amount of this unpaid obligation must be included in certain notices in the Mortgage Foreclosure Article and the Condominium Property Act. On second reading in the House.