ISBA Statehouse Review for the week of August 6, 2015
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Court security fee (Public Act 99-265), Consular notification of foreign nationals (Public Act 99-190), Speeding and supervision (Public Act 99-212), Juvenile sentencing (Public Act 99-69), Juvenile justice transfer (Public Act 99-258), Juvenile justice detention (Public Act 99-254) and Juvenile justice incarceration (Public Act 99-268). More information on each bill is available below the video.
Court security fee. Public Act 99-265 (Haine, D-Alton; Moffitt, R-Galesburg) allows a court security fee to exceed $25 to be imposed on civil litigants and convicted defendants if it is set according to an acceptable cost study under the Counties Code. Effective January 1, 2016.
Consular notification of foreign nationals. Public Act 99-190 (Drury, D-Highwood; Raoul, D-Chicago) requires that a law enforcement officer in charge of custodial facilities must ensure that a foreign national is advised within 48 hours of booking or detention that he or she has the right to communicate with the appropriate consulate as required by the Vienna Convention. Effective January 1, 2016.
Speeding and supervision. Public Act 99-212 (Walsh, D-Joliet; Mulroe, D-Chicago) does the following:
(1) Creates the offense of aggravated special-speed limit for going 26 or more mph but less than 35 (Class B misdemeanor) and for going 35 mph or more in a school zone or highway-construction zone (Class A misdemeanor).
(2) Prohibits supervision for aggravated speed in a highway-construction zone. (It doesn’t change the blanket prohibition against supervision for speeding in a school zone.)
(3) Allows supervision to be given for 26 or more mph over the posted speed limit if the driver has never been convicted of this offense or been given supervision for it.
(4) Prohibits supervision from being given if driving more than 26 or more mph over the posted speed limit if occurs in an urban district. Effective January 1, 2016.
Juvenile sentencing. Public Act 99-69 (Currie, D-Chicago; Harmon, D-Oak Park) codifies the U.S. Supreme Court’s holding in Miller v. Alabama that a mandatory sentence of natural life without parole to a person under 18 years of age is a violation of the 8th amendment’s cruel and unusual punishment clause. The bill’s application is prospective only. Effective January 1, 2016.
Juvenile justice transfer. Public Act 99-258 (Nekritz, D-Buffalo Grove; Raoul, D-Chicago) ends automatic transfer to adult court for minors under 15 and expands the discretion of juvenile court judges to make the transfer decision for children ages 16 and 17 through an individualized review of each minor’s case. Effective January 1, 2016.
Juvenile justice detention. Public Act 99-254 (Gabel, D-Evanston; Steans, D-Chicago) prohibits a child under the age of 13 from being detained in a detention facility unless a local youth service provider has been contacted that was unable to accept the child. Effective January 1, 2016.
Juvenile justice incarceration. Public Act 99-268 (Raoul, D-Chicago; Nekritz, D-Buffalo Grove) ends the incarceration of children for misdemeanors, requires limits for juvenile parole terms, and other provisions to begin to right-size the population of incarcerated minors. Effective January 1, 2016.