Legislative report

On January 1, 2006, these acts become law:

Despite the huge number of bills that died in session during this recent term, a great number of ones introduced made it to the Governor's desk and were signed into law. Moreover, many of these can be cause for satisfaction because they expanded the rights and protections of those individuals in our state who are the most vulnerable to victimization and exploitation. Maybe the voices of reason that champion the cause of such individuals are indeed heard by our legislators.

1. PA94-360

Orders of protection are now deemed "civil no contact orders" under amendments to the Civil No Contact Order Act. More significantly, the Act has been expanded to include "nonconsensual sexual contact" as a ground for issuance in addition to nonconsensual sexual penetration.

2. PA94-640

The court may order counseling for the child/ren, family counseling, or parental education for one or more of the parties in a domestic relations proceeding where certain circumstances are found. Those circumstances include (a) the agreement of the parties; (b) a finding that one or both parties have violated the joint custody agreement and their conduct has affected the child; (c) the child's physical health or emotional development is endangered. The court shall assess the costs of counseling against a particular party if it finds that said party has violated a court order concerning custody, visitation, or joint parenting. Otherwise, the court may apportion the costs between the parties as appropriate. (Note: Although this bill generated some opposing views among the different interested section councils and standing committees, the ISBA's Legislative Committee voted to support the legislation.)

3. PA94-0148

This bill amends the language in the section of the Criminal Code pertaining to convictions of domestic battery. If such a conviction resulted from an act committed in the presence of any child under 18, the person so convicted must pay the counseling costs of such child. Previously, the child had to be under 16 and the defendant's or victim's child or step-child residing in the household of the defendant or victim.

4. PA94-391

Any nursing mother may now, upon request, be excused from jury service.

5. PA-94-643

This amendment to the IMDA requires a parent who intends to marry or reside with a sex offender to provide "reasonable notice" to the other parent (with whom he or she has a minor child) before the marriage or co-habitation takes place. In addition, the act deems such a marriage or co-habitation a change of circumstance allowing for a motion to modify a custody judgment.

6 & 7 PA94-0087 (effective date of 6-30-05); PA94-43 (both pertaining to child support)

The new Child Support Payment Act makes it easier to pay support by allowing payments to be made at a currency exchange. The payor must provide sufficient information to enable the currency exchange to transmit the money to the obligee. Understandably, this bill became law on June 30, 2005.

To protect their privacy, PA94-43 authorizes the court to withhold the social security numbers of the child or children from disclosure in the income withholding notice.

8. PA94-0589 (effective 8-15-05)

This law creates the new Family Military Leave Act, which requires employers, including municipalities and other units of local government, to provide a certain amount of unpaid family military leave to an employee during the time federal and state deployment orders are in effect. For employers with 15-50 employees, the required leave is up to 15 days; for employers with more than 50 employees, the required leave is up to 30 days. Importantly, "family military leave" is defined as leave requested by an employee who is the spouse or parent of a person called to duty lasting longer than 30 days. Employees utilizing this leave must have used all other available leave prior to taking their alloted time.

9. PA64-0126

In this amendment to the Criminal Code, a person or entity that knowingly obtains, or assists another to obtain, a contract with a governmental unit by falsely representing that said person or entity is a minority or female owned business, or a business owned by a person with a disability, is guilty of a Class 4 felony. A person convicted of this offense must pay back an amount determined by the statute.