ISBA Statehouse Review for the week August 27, 2015
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers New criminal law procedures (Public Act 99-413), Open Meetings Act (Public Act 99-402), Real estate claims in Cook County (Public Act 99-439), Ordinances affecting calls to police (Public Act 99-441) and Summary suspensions (Public Act 99-467). More information on each bill is available below the video.
New criminal law procedures. Public Act 99-413 (Lang, D-Skokie; John Cullerton, D-Chicago) implements the crime victim constitutional amendment adopted in the 2014 general election. Reorganizes and modifies the rights of crime victims and establishes additional procedures for enforcing victims’ rights. Provides that the Act does not grant any person a cause of action in equity or law for compensation for damages or attorney's fees, nor does it create a ground for relief requested by the defendant in a criminal case. Provides that presentence reports shall be open for inspection to the victim of a crime as set forth in the Act.
Effective August 20, 2015.
Open Meetings Act. Public Act 99-402 (McSweeney, R-Cary; Duffy, R-Barrington) creates what is essentially a statute of repose for requests for review to be filed with the Public Access Counselor. If the facts concerning the violation are not discovered within 60 days of the violation but are discovered at a later date by a person using reasonable diligence, the request must be made within two years from the alleged violation.
Effective August 19, 2015.
Real estate claims in Cook County. Public Act 99-439 (Cunningham, D-Chicago; Evans, D-Chicago) authorizes the Cook County Recorder of Deeds to establish a three-year pilot program that permits documents to be recorded against a property in foreclosure by judicial order only. It requires a judge to issue an order barring any “nonrecord claimants” from recording an interest on the foreclosed property without approval of the court. Exempts mechanics lien claimants, units of local government, and financial institutions that recorded a lis pendens notice of foreclosure.
Effective January 1, 2016.
Ordinances affecting calls to police. Public Act 99-441 (Hutchinson, D-Chicago Heights; DeLuca, D-Chicago Heights) prohibits units of local government and counties from penalizing tenants or landlords from contacting police or emergency services if the contact was made for help because of domestic violence, sexual violence, or disability.
Effective November 19, 2015.
Summary suspensions. Public Act 99-467 (Stadelman, D-Rockford; D’Amico, D-Chicago) changes the summary suspension law for first offenders by allowing driving privileges with a BAIID from the first day of suspension rather than the 31st day. It also expands BAIID requirements to persons who have been convicted of aggravated DUI (death and serious bodily injury or disfigurement).
Effective January 1, 2016.