Legislation

The Illinois State Bar Association's Board of Governors approved a resolution  at its July meeting in support of the federal Fairness in Disclosure of Evidence Act of 2012, S. 2197 (Murkowski, R-Alaska). This act, which is pending before the Senate Judiciary Committee, codifies Brady v. Maryland to require the attorney for the U.S. government to disclose favorable information to the defendant in criminal prosecutions. Instances of the withholding of exculpatory evidence favorable to the accused have been cited in several cases, including the conviction of U.S. Senator Ted Stevens. Illinois Senator Richard Durbin sits as a member of the Judiciary Committee.

The ISBA Criminal Justice Section voted unanimously to support S. 2197. Read the resolution adopted by the Board of Governors at Fairness in Disclosure of Evidence Act.pdf.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Adoption, Community Association fees, the Common Interest Community Association Act and the Condominium Property Act. More information on each bill is available below the video.

Adoption. House Bill 4028 (Feigenholtz, D-Chicago; Koehler, D-Edwards) rewrites and re-formats parts of the Adoption Act. (1) It rewrites the form for a final and irrevocable consent to adoption by a specified person or persons in DCFS cases. (2) It creates the Adoption Advisory Council to replace the two current advisory groups. (3) Allows the court to waive the statutory time requirements of a child to be in the physical custody of certain specified persons before a parent may execute a consent for adoption in a case in which DCFS is involved. Passed both chambers; effective January 1, 2013.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers Domestic violence form, Cell phones and driving, Personal property exemptions and the Open Meetings Act. More information on each bill is available below the video.

Domestic violence form. House Bill 5922 (Cunningham, D-Chicago; Kotowski, D-Park Ridge) allows a statutory short-form notification to be used to serve on respondents in the Illinois Domestic Violence Act of 1986, the Stalking No Contact Order Act, and the Civil No Contact Order Act.

Passed both chambers; effective January 1, 2013.

Cell phones and driving. Senate Bill 2488 (Garrett, D-Lake Forest; May, D-Highland Park) allows a driver in a construction or school zone to use a cell phone in voice-operated (instead of “voice-activated”) mode or by pressing a single button to initiate or terminate a voice communication. This also includes using a headset in this manner.

Drop date August 5, 2012; effective January 1, 2013.

House Bill 5099 (Costello, D-Sparta; Haine, D-Alton) prohibits a driver from using a cell phone or video within 500 feet of an emergency scene. Exempts using a cell phone in the voice-operated mode.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers House Bill 6192 (Rewrite of the Illinois Marriage and Dissolution of Marriage Act), House Bill 6191 (Rewrite of the Parentage Act), Senate Bill 3823 (Sanctions for visitation violations), Senate Bill 2569 (Dissipation claims and child support), Senate Bill 3849 (Child support enforcement), House Bill 3960 (Calculation of child support) and Senate Bill 2488 (Cell phones in construction and school zones). More information on each bill is available below the video.

Please note that the General Assembly must send to the Governor passed legislation within 30 days from the date both chambers passed it. The Governor must sign, veto, or amendatorily veto a bill within 60 days of his receipt of it. The "drop date" is the 60-day deadline for each bill and is the date by which the Governor must take action.

If you're interested in what action he has taken on a specific bill or want to view the full text, visit the General Assembly's excellent website at http://www.ilga.gov.