ISBA Statehouse Review for the week of Feb. 24

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers Senate Bill 3349 (prosecutor consent for first offenders), House Bill 5544 (attorney's fees in Illinois Marriage and Dissolution of Marriage Act), House Bill 4994 (BAIID device), Senate Bill 2953 (provisions concerning the effect of recording deeds, mortgages, and other instruments) and Senate Bill 2952 (attorney malpractice). More information on each bill is available below the video.

Senate Bill 3349 (Raoul, D-Chicago) creates a First Offender Probation program for a limited number of felonies for defendants who have no prior felony convictions. It allows a defendant to be sentenced to intensive probation but defers judgment so that if the defendant completes it successfully, there is no felony conviction on the defendant’s record. Although modeled after the first offender programs in TASC and other drug offenses, Senate Bill 3349 is different in that it vests control in the prosecutor. Unlike the other statutes, Senate Bill 3349 requires consent of the prosecutor before the judge can sentence a statutorily qualified defendant to it. Passed out Senate Judiciary Committee on a 6-0 vote. An identical bill is House Bill 5499 (du Buclet, D-Chicago).  

House Bill 5544 (Tracy, R-Brown County) makes five changes to the Illinois Marriage and Dissolution of Marriage Act affecting attorney’s fees for representing a child. (1) Caps fees at $150 an hour with an annual increase or decrease that is tied to the Consumer Price Index. (2) Forfeits payment of fees accrued during a 90-day period if an attorney doesn’t file the already required invoice of services every 90 days. (3) Prohibits billing for preparing the invoice of services. (4) Prohibits the court from awarding fees that are not properly itemized. (5) Removes from current law the bankruptcy exemption for these fees. Scheduled for hearing next Wednesday in House Judiciary Committee I.

House Bill 4994 (Cross, R-Yorkville) makes it a business-record exception to the hearsay rule for any record of information recorded by a BAIID device in the vehicle of a driver who may drive only if his or her car is equipped with such a device. It is admissible in any proceeding in which it is alleged that the driver was not using the BAIID device to drive. Scheduled for House Judiciary Committee I next Wednesday.

Senate Bill 2953 (Althoff, R-Crystal Lake) changes the provisions concerning the effect of recording deeds, mortgages, and other instruments. Provides that those provisions also apply to the recording of assignments, mortgage releases, mortgage modifications, land equity loans, liens, lis pendens, memoranda of judgment, and other instruments in writing that affect interests in real property. Provides that these deeds and title papers are void until recorded (instead of void until recorded as to creditors and subsequent purchasers). Introduced and assigned to the Senate Judiciary Committee.

Senate Bill 2952 (Rezin, R-Peru) creates an exception to the statute of repose for attorney malpractice that currently limits actions to no later than six years after the date on which the attorney's act or omission occurred. The exception is if the client is still represented by the attorney or the attorney knowingly conceals the act or omission. If that occurs, the limitation does begin to run until the person is no longer represented by the attorney or until the client should have known of the injury. Referred to the Senate Judiciary Committee for hearing next Tuesday.