ISBA Statehouse Review for the week of July 11

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Juvenile Court Act (Public Act 98-62), Raising the age of juvenile court (Public Act 98-61), Concealed carry (Public Act 98-63) and Real estate documents and thumbprints (Public Act 98-0029). More information on each bill is available below the video.

Juvenile Court Act. Public Act 98-62 (Tracy, R-Quincy; Clayborne, D- E. St. Louis) amends the “continuance under supervision” section (Section 615) to track the procedure followed in adult criminal court. It does the following: (1) Leaves current law so that a case may be continued under supervision before a finding of delinquency with the approval of the state’s attorney. (2) Amends § 615 to allow the court to continue case under supervision after a finding of delinquency. It adds the same criteria from the supervision statute in the Criminal Code that the judge must consider before ordering supervision. Regardless of when this happens, current law is retained that prohibits a case from being continued under supervision for any forcible felony, a Class X felony, and first-degree murder. Effective January 1, 2014.

Raising the age of juvenile court. Public Act 98-61 (Currie, D-Chicago; Steans, D-Chicago) raises the age of jurisdiction for juvenile court from 17 to 18 for most felony offenses. The jurisdictional age for most misdemeanor offenses was raised from 17 to 18 several years ago. Effective for new arrests after January 1, 2014.

Concealed carry. Public Act 98-63 (Phelps, D-Harrisburg; Forby, D-Benton) authorizes Illinois residents to carry a concealed weapon in public after licensing and 16 hours of training. It is banned in some public places, such as on public transit, public gatherings, schools, amusement parks, parks and playgrounds, universities and colleges, state and federal buildings, sporting events, and residential mental-health facilities. It is also banned from any establishment in which more than half of their sales come from alcohol. It preempts any ordinance by a unit of local government that is inconsistent with this Act on the regulation, licensing, possession, registration and transportation of handguns and their ammunition. Any ordinance regulating the possession or ownership of assault weapons that is inconsistent with this Act is invalid unless the ordinance is enacted on or within 10 days of the effective date of this Act. Effective immediately.

Real estate documents and thumbprints. Public Act 98-0029 (Evans, D-Chicago; Napoleon Harris III, D-Harvey) extends the sunset date for requiring a thumbprint of the transferor in a Cook County residential real-estate transaction from July 1, 2013 to July 1, 2018. Effective June 21, 2013.