Evidence Legislation - Illinois

CONT SUB-EVIDENCE Amends the Illinois Controlled Substances Act. Provides that in a prosecution for a violation relating to the unlawful manufacture, delivery, possession, or possession with intent to manufacture or deliver a controlled substance, other than methamphetamine, or a counterfeit substance, controlled substance analog, or look-alike substance, a law enforcement agency or an agent acting on behalf of the law enforcement agency must preserve, subject to a continuous chain of custody, specified amounts of controlled substances and must maintain sufficient documentation to locate that evidence. Provides that the court may, before trial, transfer excess quantities of any substance containing any of the controlled substances to the sheriff of the county, or may in its discretion transfer such evidence to the Department of State Police, for destruction after notice is given to the defendant's attorney of record or to the defendant if the defendant is proceeding pro se. Provides [...]

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SAFE HOMES-INFO DISCLOSE PNLTY Amends the Safe Homes Act. Provides that a landlord may not disclose to others that a tenant or a member of the tenant's household exercised rights under the Act or any information provided by them to the landlord under the Act, except in civil proceedings or when the tenant or a member of the tenant's household who is the victim waives this restriction. Provides that furnishing evidence to support a claim of domestic or sexual violence against a tenant or a household member shall not waive any confidentiality or privilege that may exist between the victim and a third party. Provides that certain remedies available to a landlord or tenant are the sole and exclusive remedies for violations of the lock-change provisions of the Act (instead of providing that those remedies provided to a landlord or tenant are "sole and exclusive" without regard to the type of violation). Provides that a landlord who violates these provisions by disclosing confidential [...]

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CRIM CD-INSANITY-NOTICE Amends the Criminal Code of 1961. Provides that a defendant who intends to assert a defense that he or she was insane at the time of the alleged offense must so notify the State in writing within the time provided for filing a pretrial motion, or at any later time the court sets, and file a copy of the notice with the clerk of the court. Provides that a defendant who fails to do so cannot rely on an insanity defense. Provides that the court may, for good cause, allow the defendant to file the notice late, grant additional trial-preparation time, or make other appropriate orders. Provides that if a defendant intends to introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant bearing on either: (1) the issue of guilt or (2) the issue of punishment in a capital case, the defendant must, within the time provided for filing a pretrial motion or at any later time the court sets but not less than 60 days [...]

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ADOPT-REQUIRE HEALTH INFO Amends the Adoption Act. Provides that individual health information summaries concerning the child and each birth parent shall be filed within 14 days of the petition filing in all adoptions of unrelated minors. Provides that each preadoption investigation shall review the health summaries. Provides that health summaries shall be without any information identifying either birth parent and shall summarize significant medical, dental, and mental health information including diseases, disabilities, alcohol or drug abuse, hereditary conditions or diseases, and drugs or medications used by the birth mother during the child's pregnancy. Provides that adoptive parents or the adopted child when he or she is an adult may petition the court for the release of the summaries. Provides that no liability shall attach to anyone who provides information for a health summary or to the adoption registry (at present, liability protections only apply to the adoption registry).[...]

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CRIM CD-PROSTITUTION PROBATION Amends the Criminal Code of 1961. Provides that when a person who has not previously been convicted of or placed on probation for felony prostitution is guilty of felony prostitution, the court, without entering a judgment and with the consent of the person, may sentence the person to probation. Provides that when a person is placed on probation for felony prostitution, the court shall order a period of probation of 24 months and defer further proceedings until the conclusion of the period or until the filing of a petition alleging violation of probation. Provides that the conditions of probation shall be that the person: not violate any criminal statute of any jurisdiction; refrain from possessing a firearm or other dangerous weapon; submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and perform [...]

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CRIMINAL-LISTENING DEVICE Amends the Criminal Code of 1961. Provides that, with prior notification to the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation taking place within or about any motor vehicle under the control and direction of a law enforcement officer, under circumstances where the use of the device is necessary for the detection or investigation of the theft of that motor vehicle is exempt from the Code's eavesdropping provisions. Requires the Director of State Police to issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use. Provides that any recording or evidence derived as the result of the exemption is inadmissible in any proceeding, criminal, civil, or administrative, except for (i) the theft of the motor vehicle in question, (ii) the commission of any crime taking place within, or otherwise involving the use of,[...]

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CRIMINAL LAW-VARIOUS Amends the Criminal Code of 1961 and certain other Acts. Moves, adds, deletes, repeals, and changes certain provisions. Adds or changes mental states for certain offenses. Changes certain statutory evidence presumptions to permissive inferences. Repeals various Acts, adds certain provisions from those Acts to the Criminal Code of 1961 and the Consumer Fraud and Deceptive Business Practices Act, and creates the Controlled Substances Registration and Hypodermic Syringes and Needles Law, the Grain Coloring Law, the Unauthorized Sale of Certain Plants Law, the Mandatory Life Sentence Law, the Civil Liability for Certain Sex Offenses Law, the Defacing or Removing Identification Marks and Unlawful Sale of Household Appliances Law, the Odometer or Hour Meter Fraud Law, the Installation of Object in Lieu of Air Bag Law, the Fraudulent Sale of Publications Law, the Fraudulent Repair of Fire Extinguisher or Related Equipment Law, the Fraudulent Advertisements Law, [...]

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SEX OFFENDER REG-JUVENILE Amends the Sex Offender Registration Act. Eliminates provision that a person who has been adjudicated a juvenile delinquent for an act which, if committed by an adult, would be a sex offense shall register as an adult sex offender within 10 days after attaining 17 years of age. Provides that in all cases involving an adjudicated juvenile delinquent who meets the definition of sex offender under the Act, the court shall determine at the sentencing hearing whether to order registration, and if so, the duration of the registration. Establishes factors that the court must consider in making such a determination. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Sex Offender Registration Act. Reinserts the provisions of the bill with the exception of the provisions relating to the application of the Act to adjudicated juvenile delinquents. Replaces those provisions with those that [...]

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MENTAL HLTH-INVOLUNTARY ADMIT Amends the Mental Health and Developmental Disabilities Code. Provides that "person subject to involuntary admission" includes (i) a person with mental illness and who because of his or her illness is reasonably expected to engage in dangerous conduct (instead of reasonably expected to inflict serious physical harm upon himself or herself or another in the near future) and (ii) a person with mental illness who, because of the nature of his or her illness, is unable to understand his or her need for treatment and who, if not treated, is reasonably expected to suffer or continue to suffer mental deterioration or emotional deterioration, or both, to the point that the person is reasonably expected to engage in dangerous conduct. Defines "dangerous conduct" as threatening behavior or conduct that places another individual in reasonable expectation of being harmed, or a person's inability to provide, without the assistance of family or outside help, for [...]

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MECHANICS LIEN-RENTAL Amends the Mechanics Lien Act. Provides that a person who would be entitled to a lien for furnishing materials or equipment for the construction upon or improvement to real property shall be entitled to a lien for the rental of materials or equipment used in that construction or improvement. Effective immediately. Senate Committee Amendment No. 4 Adds reference to: 770 ILCS 60/23from Ch. 82, par. 23 Deletes everything after the enacting clause. Amends the Mechanics Lien Act. Provides that any person who leases construction equipment to another for use in the process of constructing an improvement to real estate, has a lien for the rental value of the construction equipment to the same extent and [...]

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VEH CD-POLICE VEHICLES-LIGHTS Amends the Illinois Vehicle Code. Provides that the driver of a police vehicle must use oscillating, rotating, or flashing lights when: (1) parking or standing, irrespective of the provisions of the Code; (2) proceeding past a red or stop signal or stop sign; (3) exceeding the maximum speed limits; or (4) disregarding regulations governing direction of movement or turning in specified directions. Provides that the driver of a police vehicle must: (1) activate oscillating lights, rotating or flashing lights, sirens, or any combination of such lights or sirens during a high speed vehicle response; (2) use lights and sirens to warn pedestrians and other persons of his or her approach during an emergency response situation; and (3) drive with due regard for the safety of other persons and exercise due care when operating a police vehicle. Permits the driver of a police vehicle to use a covert approach when the situation dictates, but must reduce speed [...]

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CRIM CD-PARENTING,CUSTODY TIME Amends the Illinois Public Aid Code and the Illinois Parentage Act of 1984. Provides that in a proceeding under the Illinois Parentage Act of 1984, except in a case in which a party is in default, the court shall (instead of may, and upon request of a party shall) order or direct the mother, child, and alleged father to submit to DNA tests; provides an exception if both the mother and the alleged father have signed a waiver stating that (i) they have been informed of the requirement of DNA testing and (ii) they expressly waive that requirement. Provides that the Department of Healthcare and Family Services may not make an administrative determination of paternity, and the court may not enter a judgment of parentage, unless (1) the results of DNA tests of the mother, child, and alleged father have been admitted into evidence (provided that if a party is in default, the results of a DNA test need not be admitted into evidence) or (2) both the mother [...]

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CRIM PRO-HEARSAY Amends the Code of Criminal Procedure of 1963. Provides that if a defendant is accused of child pornography or aggravated child pornography or the defendant is accused of first degree murder or second degree murder when the commission of the offense involves sexual penetration or sexual conduct, evidence of the defendant's commission of another such offense or evidence to rebut that proof or an inference from that proof, may be admissible (if that evidence is otherwise admissible under the rules of evidence) and may be considered for its bearing on any matter to which it is relevant. Provides that (1) testimony by the victim of an out of court statement made by the victim that he or she complained of such act to another; and (2) testimony of an out of court statement made by the victim describing any complaint of such act or matter or detail pertaining to any act which is an element of an offense which is the subject of a prosecution for a sexual or physical [...]

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SCH CD-CONVERT/FORM DISTRICTS Amends the School Code. Makes changes in the Conversion and Formation of School Districts Article with respect to voting on a bond issuance, information in the petition filing notice, the presentation of evidence at a hearing, approval or denial of an amended petition, supplementary State aid reimbursement after the deactivation of a school facility or following formation of a new unit district, and references to a school district conversion. Makes changes to the State aid formula provisions concerning the calculation of local property tax revenues per pupil for partial elementary unit districts. Makes changes concerning free transportation for pupils in optional elementary unit districts, combined high school - unit districts, and newly created elementary or high school districts resulting from a high school - unit conversion, a unit to dual conversion, or a multi-unit conversion and the calculation of State reimbursement for transportation costs [...]

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EPA-CLEAN AIR-FAST-TRACK Amends the Environmental Protection Act. Reenacts a Section concerning fast-track rulemaking for the Clean Air Act. Defines a "fast-track" rulemaking proceeding and defines "requires to be adopted" and "federally required". Provides that when the Clean Air Act Amendments of 1990 or another federal statute or regulation requires rules other than identical in substance rules to be adopted, upon request by the Environmental Protection Agency, the Pollution Control Board must adopt rules under fast-track rulemaking requirements. Sets out the form for a fast-track rulemaking proposal. Provides that in any fast-track rulemaking proceeding, the Board must accept evidence and comments on the economic impact of any provision of the rule and must consider the economic impact of the rule. Sets out the procedure for a fast-track rulemaking. Effective immediately. Senate Committee Amendment No. 1 Provides that the provisions concerning the Clean Air [...]

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