ISBA Statehouse Review for the week of August 25, 2016
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Access to a lawyer Public Act 99-882, Expungement Public Act 99-835, Juvenile probation. Public Act 99-879, Mechanics Lien Act Public Act 99-852, Condominium Property Act Public Act 99- 849, Guilty pleas Public Act 99-871 and Toxicology results Public Act 99-801.
More information on each bill is available below the video.
Access to a lawyer. Public Act 99-882 (Van Pelt, D-Chicago; Currie, D-Chicago) does three things. (1) Raises the age from 13 to 15 in which a lawyer is required to represent a minor during custodial interrogation in a homicide or sex-offense case; (2) expands current custodial interrogation videotape requirements to apply to all felonies and misdemeanor sex-offense cases for minors under the age of 18; and (3) sets out the specific wording for Miranda warnings for all minors under the age of 18. Effective January 1, 2017.
Expungement. Public Act 99-835 (Barbara Wheeler, R-Crystal Lake; Raoul, D-Chicago) allows a person to petition for expungement at any time for an offense occurring before their 18th birthday if no petition for delinquency was filed, the minor was charged with an offense but the petition was dismissed without a finding of delinquency, the minor was found not delinquent, the minor was placed on juvenile court supervision, or the minor was adjudicated for an offense that if committed by an adult would be a Class B or C misdemeanor or petty offense. Effective January 1, 2017.
Juvenile probation. Public Act 99-879 (Nekritz, D-Buffalo Grove; Raoul, D-Chicago) prohibits a minor from being incarcerated for a Class 3 or 4 felony violation of the Illinois Controlled Substances Act. It makes an exception for a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming. Limits the current five-year mandatory probation to minors found guilty of first-degree murder, and probation terms for Class X. Mandatory probation is reduced for forcible felonies to a minimum of three years, two years, or 18 months depending on the offense. Requires the court to schedule probation hearings for various offenses to determine whether it is in the best interest of the minor and public safety to terminate probation after the minimum period of probation has been served. Creates a rebuttable presumption that it is in the best interest of the minor and public safety to terminate probation. Effective January 1, 2017.
Mechanics Lien Act. Public Act 99-852 (Althoff, R-McHenry; Nekritz, D-Buffalo Grove) extends the sunset for current law until December 31, 2020. It requires work to be done or materials furnished to obtain a lien within three years for residential property and five years for any other kind of property. Effective August 19, 2016.
Condominium Property Act. Public Act 99- 849 (Mulroe, D-Chicago; Martwick, D-Chicago) allows a board of managers to assign the right of the association to future income from common expenses or other sources and to mortgage or pledge substantially all of the remaining assets of the association by a majority vote of the entire board. Effective January 1, 2017.
Guilty pleas. Public Act 99-871 (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 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.
Effective January 1, 2017.
Toxicology results. Public Act 99-801 (Scott Bennett, D-Champaign; McAsey, D-Plainfield) creates the Sexual Assault Incident Procedure Act and allows the Illinois State Police to establish administrative rules to standardize minimum requirements for the disclosure of toxicology results and related documents.
Effective January 1, 2017.