ISBA Statehouse Review for the week of June 15, 2016

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Filing fees, Mobile Home and Landlord and Tenant Rights Act (House Bill 6285), Unclaimed U.S. savings bonds (House Bill 5607),  Guilty pleas (House Bill 2569), Counties Code (House Bill 4603) and Toxicology results (Senate Bill 3096). More information on each bill is available below the video.

Filing fees. The Access to Justice Act created the Statutory Court Fee Task Force to study the current system of fees, fines, and other court costs and propose recommendations to the Illinois General Assembly and Illinois Supreme Court. Its report may be found here.

Mobile Home and Landlord and Tenant Rights Act. House Bill 6285 (Moeller, D-Elgin; Bush, D-Grayslake) requires the park owner to give the tenant written notice specifying the reason for any fine that may be imposed on the tenant if the tenant breaches any provision of the lease or park rules. “Fine” does not include any fees that are imposed on a tenant for services or products provided by the park owner to the tenant.

If a fine is imposed on a tenant, the following applies 45 days after written notice of the fine is delivered to the tenant: (1) non-payment of a fine is not grounds for refusal to accept a rent payment; and (2) the fine may not be deducted from a rent payment. Acceptance of a rent payment may not be construed as a waiver of an unpaid fine. Passed both chambers.

Unclaimed U.S. savings bonds. House Bill 5607 (Lang, D-Skokie; Link, D-Gurnee) amends the Uniform Disposition of Unclaimed Property Act. It presumes that a United States savings bond is abandoned when the bond has remained unclaimed and unredeemed for five years after its date of final extended maturity. Establishes a procedure by which the State Treasurer may obtain a judicial determination that the bond has escheated to the State. Passed both chambers.

Guilty pleas. House Bill 2569 (Cabello, R-Loves Park; Link, D-Gurnee) amends the plea statute of the Code of Criminal Procedure to require the court to admonish the defendant of the following possible consequences for a conviction or plea of guilty:

(1) Maximum and mental minimum penalty;

(2) Future convictions may be more severe or make possible consecutive sentences;

(3) Registration requirements that may restrict where the defendant may work, live, or be present; and

(4) Affect the defendant’s ability to retain or obtain housing, employment, a firearm, an occupational license, or a driver’s license.

Passed both chambers.

Counties Code. House Bill 4603 (Tom Bennett, R-Pontiac; Barickman, R-Bloomington) amends the Counties Code to clarify that “all questions” or “ordinances” also includes any resolutions and motions that arise during meetings. It also allows a county at any properly noticed public meeting to take a single or omnibus vote by unanimous consent on any two or more questions, ordinances, resolutions, or motions. The bill states that this is declarative of existing law. It also requires public defenders in counties under one million population prepare and file monthly or quarterly written reports as determined by the county board. Passed both chambers.

Toxicology results. Senate Bill 3096 (Scott Bennett, D-Champaign; McAsey, D-Romeoville) creates the Sexual Assault Incident Procedure Act and allows the Illinois State Police to establish administrative rules to standardize requirements for the disclosure of toxicology results and related documents. These administrative rules are designed to provide a minimum standard for compliance of toxicology results is not intended to limit the production and discovery of material information. Passed both chambers.