All Courts Legislation - Illinois

$SUPP-MEDICAL EXP-EXTENSION Amends Public Act 95-348, which made appropriations for FY2008, by repealing several Articles and Sections. Makes appropriations from GRF to the Comptroller to pay outstanding vouchers related to medical expenses. Makes appropriations to the Secretary of State for soil and water conservation grants. Makes appropriations to the University of Illinois for the State Cooperative Extension Service. Effective immediately.  Judicial Note (Admin. Office of the Ill. Courts) Would neither increase nor decrease the number of judges needed in the State.  Fiscal Note (Office of the Secretary of State) The fiscal impact is unknown at this time, but this bill would [...]

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DOMESTIC VIOLENCE Amends the Department of State Police Law of the Civil Administrative Code of Illinois, the State Finance Act, the Criminal Code of 1961, the Unified Code of Corrections, the Code of Criminal Procedure of 1963, and the Illinois Domestic Violence Act, and provides that the Act may be referred to as the Cindy Bischof Law. Provides that the Department of State Police shall develop a protocol to coordinate actions of the courts and law enforcement agencies to implement the domestic violence surveillance program created by the amendatory Act. Creates the Domestic Violence Surveillance Fund in the State treasury. Provides that the offense of violation of an order of protection includes the respondent's failure to attend and complete partner abuse intervention programs. Provides that in addition to any other penalties, the court may, after consultation with the petitioner, order the respondent to carry or wear a global positioning system device. Provides that in domestic [...]

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PATERNITY-DNA TEST REQUIRED 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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CIVIL LAW-TECH Amends the Code of Civil Procedure. Makes a technical change in a Section concerning enforcement of the Code. Senate Floor Amendment No. 1 Deletes reference to: 735 ILCS 5/1-105Adds reference to: 735 ILCS 5/2-209from Ch. 110, par. 2-209735 ILCS 5/12-621from Ch. 110, par. 12-621 Deletes everything after [...]

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CIVIL LAW-TECH Amends the Conveyances Act. Makes a technical change to a Section concerning deeds, mortgages, and other instruments. Senate Floor Amendment No. 2 Deletes reference to: 765 ILCS 5/30Adds reference to: 760 ILCS 5/5.4 new Deletes everything after the enacting clause. Amends the Trusts and Trustees Act. Provides that a spendthrift trust is created by a settlor who irrevocably transfers property to a trust having at least one State-authorized corporate trustee that [...]

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STATE GOVERNMENT-TECH Creates the Illinois Community Capital Development Act. Contains only a short title provision. House Amendment No. 1 Deletes everything after the enacting clause. Creates the Community Capital Development Act. Requires the State Treasurer to make one billion dollars from the General Revenue Fund available for deposit in eligible Illinois banks that must make lines of credit available to community-based non-profit organizations. Sets criteria for participating banks and non-profit organizations and sets caps on deposit and credit line amounts. Effective immediately.  Judicial Note, House Amendment No. 1 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that HB 5755 (H-AM 1) would neither increase nor decrease the number of judges needed in the State.

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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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INS CD-DEF DRIVING COURSE Amends the Illinois Insurance Code. Provides that the rates and premium charges for every policy of automobile liability insurance shall include appropriate reductions as determined by the insurer for any insured over age 55 upon successful completion of the National Safety Council's Defensive Driving Course or a motor vehicle accident prevention course which is found by the Secretary of State to meet or exceed the standards of the National Safety Council's Defensive Driving Course's 8 hour classroom or other alternative method (instead of only classroom) safety instruction program. Provides that any accident prevention course approved by the Secretary of State under the provision shall consist of at least 8 hours of classroom or other alternative method (instead of only classroom) of instruction or 4 hours for insured persons who have previously completed the course successfully. Effective immediately. House Amendment No. 1 Deletes [...]

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VEH CD-SERIOUS VIOLATIONS-FEES Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning administration of the Code. House Amendment No. 1 Deletes reference to: 625 ILCS 5/2-101Adds reference to: 425 ILCS 25/13.1from Ch. 127 1/2, par. 17.1625 ILCS 5/16-104d

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CIVIL LAW-TECH Amends the Illinois Marriage and Dissolution of Marriage Act. Makes a technical change in a Section concerning the application of the Civil Practice Law. House Amendment No. 1 Deletes reference to: 750 ILCS 5/105Adds reference to: 750 ILCS 60/Art. V heading new750 ILCS 60/501 new Replaces everything [...]

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CD CORR-ILLEGAL ALIENS Amends the Unified Code of Corrections. Provides that upon admission of a committed person to a facility of the Department of Corrections or to a facility of the Department of Juvenile Justice and upon the discharge of such person from either such Department, each such Department, if it suspects that such person is an alien of the United States who is unlawfully present within the United States in violation of the federal Immigration and Nationality Act shall notify the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE) of the admission or discharge of such alien from the facility. House Amendment No. 1 Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by [...]

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CIV PRO-TESTIMONY RELIABILITY Amends the Code of Civil Procedure. Provides that a non-expert's opinion or inference testimony is limited to opinions or inferences that are rationally based on his or her perception, helpful to a clear understanding of his or her testimony or the determination of a fact in issue, and not based on scientific, technical, or other specialized knowledge. Sets forth requirements regarding: qualifications, testimony, disclosure, and compensation of expert witnesses; bases of expert opinion testimony; limitations on expert testimony; pre-trial hearings and disclosures concerning expert witnesses; precedents to be followed in interpreting the new provisions; interlocutory appeals of rulings on the admissibility of expert evidence; standards to be followed by reviewing courts in determining the admissibility of expert testimony; severability; and other matters. Applies to actions commenced on or after the effective date of the amendatory Act and pending [...]

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STATE MILEAGE REIMBURSE RATE Amends the State Finance Act. Provides that for personnel under the jurisdiction of the State travel control boards, the allowance rate for automobile travel mileage reimbursement, which is the same as the rate set by federal regulations, shall be increased or decreased during the State's fiscal year as of the effective date of the federal regulations (now, increases do not take effect until the next July 1). House Amendment No. 1 Provides that there is no rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.  State Debt Impact Note, House Amendment No. 1 (Government Forecasting & Accountability)

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CNTY CODE-PROBATION SERVICES Amends the Counties Code. Provides that a county may impose a special county retailers' occupation tax for probation services. Senate Floor Amendment No. 3 Deletes reference to: 55 ILCS 5/5-1005.6Adds reference to: 55 ILCS 5/5-1101from Ch. 34, par. 5-1101705 ILCS 105/27.5from Ch. 25, par. 27.5

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NURSING HOMES-LIABILITY INSUR Amends the Nursing Home Care Act and the State Mandates Act. Provides that no person may establish or operate a nursing home in Illinois unless and until he or she provides to the Department of Public Health proof of liability insurance coverage in an amount not less than $1,000,000 per occurrence. Requires the Department to deny, suspend, revoke, or refuse to renew a license for failure to maintain liability insurance coverage. Provides that failure to maintain such liability insurance coverage during the term of a facility's license is a Type "A" violation under the Act. Provides that the Director of Public Health may not grant a waiver of a facility's compliance with the requirement to maintain liability insurance coverage. Provides that information concerning a facility's liability insurance coverage is subject to disclosure to the public. Makes other changes with respect to liability insurance coverage. Provides that a licensee shall pay 3 times [...]

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RESID LANDLORD TENANT COURT Amends the Counties Code. Provides that a county board may establish a residential landlord-tenant court and make appropriations to operate it. Provides that this authorization is not a limitation on or a prohibition of the exercise of a home rule county's powers. Amends the Circuit Courts Act. Provides that the chief judge of a judicial circuit may establish a residential landlord-tenant court in a county if the county board has approved the establishment of such a court. Provides that the chief judge may appoint to this court licensed attorneys as hearing officers to preside over cases, take evidence, and report findings of fact and legal conclusions to a judge and these shall constitute a part of the proceedings upon which a judge makes rulings. Amends the Code of Civil Procedure. Provides that in actions filed for repossession due to illegal drug use on the premises, an emergency housing eviction, or voiding a lease for use of the premises in furtherance [...]

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RAILROAD POLICE-MISCONDUCT Amends the Railroad Police Act. Requires allegations of abuse of authority or misconduct by members of a railroad police force to be investigated by the Illinois State Police. Amends the Illinois Vehicle Code. Exempts elected representatives of rail employers from the restrictions concerning trespassing on railroad property. Provides that the listed persons shall be exempt from the restrictions while performing required duties in accordance with reasonable rail carrier company guidelines, engaging in safety inspections, or exercising a right under the federal Railway Labor Act (instead of only while performing required duties in accordance with reasonable rail carrier company guidelines). House Amendment No. 1 Adds reference to: 20 ILCS 2605/2605-585 new

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CRIMINAL LAW-TECH Amends the Criminal Code of 1961. Makes a technical change in a Section concerning an affirmative defense to retail theft. House Amendment No. 1 Deletes reference to: 720 ILCS 5/16A-6Adds reference to: New Act Adds a preamble to the bill. Deletes everything after the enacting clause. Creates the Illinois Torture and Relief Inquiry Commission. Provides that the Illinois Torture Relief Inquiry Commission shall be an independent commission under the Administrative [...]

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ADOPTION-CONFID INTERMEDIARY Amends the Adoption Act. Provides that a confidential intermediary has access to vital records maintained by the Department of Public Health and its designees or another state's comparable public entity (instead of the Department of Public Health and its designees) and all court or adoption agency records which relate to an adoption, a surrendered person, or relatives of the parties involved in the adoption or surrender. Provides that the confidential intermediary may provide an eligible petitioner with information about the agency that had legal custody of or responsibility for the surrendered person. Provides that the confidential intermediary may inform petitioners of the state in which the surrender or the adoption occurred. Provides that if the petitioner is an adult who was adopted or surrendered or the adoptive parent or guardian of an adopted or surrendered person under the age of 21, any non-identifying information learned during the search [...]

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CIRCUIT CTS-ADD DEKALB JUDGE Amends the Circuit Courts Act. Creates an additional DeKalb County resident judgeship in the 16th judicial circuit (Kane, Kendall, and DeKalb counties), to be elected first in 2008. Authorizes the Illinois Supreme Court to fill the judgeship by appointment until then. Specifies that the judgeship is not a subcircuit judgeship. Effective immediately. House Amendment No. 1 Adds reference to: 705 ILCS 35/2f-2705 ILCS 35/2f-5705 ILCS 35/2f-6

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VEH CD-IN GOD WE TRUST PLATES Amends the Illinois Vehicle Code and the State Finance Act. Provides for the issuance of In God We Trust license plates for an additional charge of $40 at initial issuance and at renewal. Provides that $15 of the original issuance fee and $2 of the renewal fee shall be deposited into the Secretary of State Special License Plate Fund. Provides that $25 of the original issuance fee and $38 of the renewal fee shall be deposited into the 21st Century Scholarship Program Fund, a new special fund in the State treasury. Provides that moneys in the Fund shall be appropriated to the Illinois Student Assistance Commission for community college scholarships under a program to be established by the Commission with specified requirements. Effective immediately. House Amendment No. 1 Deletes reference to:

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ENVIRONMENT-VEHICLE EMISSIONS Creates the Illinois Clean Car Act. Provides that the Environmental Protection Agency shall propose and the Pollution Control Board shall establish by rule a Clean Car Program that is (i) authorized by Section 177 of the federal Clean Air Act, and (ii) applicable to vehicles of the 2011 model year and every subsequent model year. Provides that the Agency shall establish new motor vehicle emission standards and compliance requirements for vehicles under the Program. Provides that the Agency may work in collaboration with other states in developing the Program. Provides that the Secretary of State shall not, with certain exceptions, register or issue a title for a new motor vehicle that is subject to the provisions of this Act if the motor vehicle is not in compliance with the provisions of this Act or any rule adopted under this Act. Provides that the Secretary of State, in consultation with the Agency, shall adopt rules to prohibit the transfer of [...]

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COURT FINES-SCHOOLS-DRUG COURT Amends the Clerks of Courts Act. Provides that the fine for speeding in a school zone is increased by $5 which shall go to the school district or districts in which the offense occurred. Provides that a county with a drug court may adopt a mandatory fee of $5 to fund the drug court, less a 5% clerk processing charge, assessed against any defendant found guilty in a traffic case or who is ordered to pay a fine under the Unified Code of Corrections. Provides that a person found guilty, including court supervision, of a DUI in addition to any other fine is fined $500, or $1,000 for other than a first offense, payable to the clerk to be distributed as follows: $100 to the law enforcement agency or agencies that made the arrest and $400 to the General Revenue Fund. Provides that when a person has been adjudged guilty of a DUI and a crime lab DUI analysis was completed, in addition to any other disposition or fine, a crime lab DUI analysis fee of $150 [...]

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GAMING-ATM DEPOSITS Amends the Illinois Horse Racing Act of 1975 and the Riverboat Gambling Act. Requires each automated teller machine located within a facility operated by an organization licensee and inter-track wagering location licensee or on a riverboat or the home dock of the riverboat operated by an owners licensee to allow a patron to deposit moneys into his or her bank account. Effective immediately.  Housing Affordability Impact Note (Housing Development Authority) This legislation will have no effect on constructing, purchasing, owning, or selling a single-family residence.  Fiscal Note (Dept. of Revenue) HB 3453 will not have a fiscal impact on the Illinois Department [...]

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MNTL HLTH-INVOLUNTARY TREATMNT Amends the Mental Health and Developmental Disabilities Code. Changes references from "authorized involuntary treatment" to "electroconvulsive therapy or psychotropic medication". Provides that an adult recipient of mental health services, or the recipient's guardian, and the recipient's substitute decision maker must be informed of the recipient's right to refuse electroconvulsive therapy. Provides that a court may, in its discretion, appoint a guardian ad litem for a recipient before the court or authorize an existing guardian of the person to monitor treatment and compliance with court orders in connection with the administration of psychotropic medication and electroconvulsive therapy. Provides that upon the commencement of mental health services, or as soon thereafter as the condition of the recipient permits, the facility must advise the recipient as to the circumstances under which the law permits the use of electroconvulsive therapy. Amends [...]

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SEX OFFENDER INVESTIGAT FND Amends the State Finance Act. Creates the Sex Offender Investigation Fund in the State treasury. Amends the Clerks of Courts Act and the Unified Code of Corrections. Provides that there shall be added to every penalty imposed in sentencing for a sex offense as defined in the Sex Offender Registration Act an additional fine in the amount of $500 to be imposed upon a plea of guilty, stipulation of facts or finding of guilty resulting in a judgment of conviction or order of supervision. Provides that the additional fines shall be deposited into the Sex Offender Investigation Fund. Provides that subject to appropriation, moneys in the Sex Offender Investigation Fund shall be used by the Department of State Police to investigate alleged sex offenses and to make grants to local law enforcement agencies to investigate alleged sex offenses as such grants are awarded by the Director of State Police under rules established by the Director of State Police. House [...]

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COURTS-TECH Amends the Judicial Vacancies Act. Makes a technical change in a Section concerning definitions. House Amendment No. 1 Deletes reference to: 705 ILCS 40/1.1Adds reference to: New Act Replaces everything after the enacting clause. Creates the Mental Health Court Treatment Act. Provides that the Chief Judge of each judicial circuit may establish a mental health court program, including the format under which it operates under the Act. Provides that a defendant may be [...]

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CRIMINAL LAW-TECH Amends the Criminal Code of 1961. Makes a technical change in a section concerning domestic battery. House Amendment No. 1 Deletes reference to: 720 ILCS 5/12-3.2Adds reference to: 720 ILCS 5/24-9 Replaces everything after the enacting clause. Amends the Criminal Code of 1961. In the provision that makes it unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor [...]

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LIQUOR-DRIVER LICENSE SUSPEND Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning licenses. House Amendment No. 2 Deletes reference to: 625 ILCS 5/6-100Adds reference to: 235 ILCS 5/4-4from Ch. 43, par. 112235 ILCS 5/6-20from Ch. 43, par. 134a

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COURT FEES-DOMESTIC VIOLENCE Amends the State Finance Act, the Counties Code, and the Clerks of Courts Act. Creates the Married Families Domestic Violence Fund and Domestic Violence Legal Assistance Fund as special funds in the State treasury. Provides that moneys in the new funds shall be used, subject to appropriation and subject to approval by the Attorney General, for specified purposes related to free domestic violence legal advocacy, assistance, or services. Provides that the Attorney General shall adopt rules concerning application for and disbursement of the moneys in the new funds. Provides that certain provisions regarding transfers to the General Revenue Fund do not apply to the new funds. Increases marriage license fees and specified court filing fees and provides for the deposit of a specified amount from each such fee into one of the new funds. House Amendment No. 1 Further amends the Clerks of Courts Act. Provides that in Cook County the fee for [...]

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CIVIL LAW-TECH Amends the Illinois Domestic Violence Act of 1986. Makes a technical change in the short title Section. House Amendment No. 1 Deletes reference to: 750 ILCS 60/101Adds reference to: 20 ILCS 2605/2605-585 new30 ILCS 105/5.710 new720 [...]

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UTILITY-LABOR DISPLACEMENT Amends the Public Utilities Act. Makes a technical change in a Section concerning discontinuation or abandonment of telecommunications service. House Amendment No. 1 Deletes reference to: 220 ILCS 5/13-406Adds reference to: 220 ILCS 5/16-128.1 new Deletes everything after the enacting clause. Amends the Electric Service Customer Choice and Rate Relief Law of 1997 in the Public Utilities Act. Provides that no electric utility shall be allowed to engage [...]

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