CIVIL LAW
HB 485 - Children's Product Safety Act
Prohibits a commercial user from putting into the stream of commerce a children's product that is unsafe on or after Jan. 1, 2000. An unsafe product is one intended for children under the age of six years that (1) does not conform to the applicable federal laws and regulations, (2) has been recalled for any reason by a governmental agency or a commercial entity, or (3) is the subject of a safety warning by a federal agency. P.A. 91-413; 1-1-2000.
HB 1177 - Home Repair Fraud
Creates the Home Repair and Remodeling Act. It requires that a person engaged in the business of home repair or remodeling to furnish to the customer a written contract or work order with a copy of the "Home Repair: Know Your Consumer Rights" pamphlet before initiating home repair or remodeling work for more than $1,000. It also requires that these contractors obtain insurance in specified amounts. It allows the Attorney General or the State's Attorney of any county to enforce the Act. It also amends the Consumer Fraud and Deceptive Business Practice Act to include a violation of the Home Repair and Remodeling Act as a cause of action under this Act. Will appear at 815 ILCS 513/. P.A. 91-230; effective 1-1-2000.
HB 1771 - Wrongful Death - Contributory Fault
Amends the Wrongful Death Act to reinstate one part of P.A. 89-7 that was struck down in Best v. Taylor Machine Works. Under current law, a beneficiary of a decedent is completely barred from recovery if the beneficiary was guilty of any contributory negligence. This would substitute comparative negligence principles into wrongful death cases. Applies to actions pending on or filed after the effective date of this amendatory Act. P.A. 91-380; effective 7-30-99.
HB 1964 - Jurors' Pay and Jury Demand Fee Increased
Repeals the cap on pay to grand and petit jurors of $15.50 per day and replaces it with an amount as fixed by the county board. It does leave, however, the minimum scale of pay at $4, $5, and $10 for different size counties. If a judge so orders, however, a juror may also receive reimbursement for the actual cost of day care incurred by the juror during his or her service on a jury. Increases the fee for a jury demand in civil litigation and the fine for a jury in ordinance violation cases in which the defendant may be punished by fine only. Amends the Jury Secrecy Act to provide that a judge may prohibit the release of the name of a juror if the judge finds a reasonable threat of harm to the juror would result if the name were released. P. A. 91-321; effective 1-1-2000.
SB 178 - Juror Exemption
Requires the jury commissioners, county board, or jury administrator to excuse a prospective juror if jury service would cause an undue hardship. The undue hardship is limited to a primary caregiver of a person with a mental or physical disability, a person with a medically diagnosed behavior problem, or a child under the age of 12. But it requires a finding that no reasonable alternative care is feasible that would not impose an undue hardship on the prospective juror or the person for whom they are caring. P.A. 91-264; effective 7-1-99.
SB 257 - Private Process Server
Allows a court to appoint as a special process server a private detective agency certified under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993. Under the appointment, any employee of the private detective agency who is registered under that Act may serve the process. The motion and the order of appointment must contain the number of the certificate issued to the private detective agency by the Department of Professional Regulation under the regulating Act. P.A. 91-95; effective 7-9-99.
SB 331 - Equal Justice Assistance Act
Consistent with the goals of the Illinois Equal Justice Project, the proposed Act is structured to encourage a multi-tiered approach to promoting equal justice in Illinois by creating a statewide structure that supports the creation or expansion of the following programs or services: legal information centers, regional legal services hotlines, self-help assistance desks, dispute resolution centers, and civil legal services. P.A. 91-584; effective 1-1-2000.
SB 401 - Objections to Jurisdiction - Special Appearance
Special Appearance Change. Converts a "special appearance" motion under §2-301 of the Code of Civil Procedure to a "personal jurisdiction objection" motion. It is intended to make it less likely that defense counsel will inadvertently waive a personal jurisdiction objection. The new procedure permits a defendant to present a personal jurisdiction objection together with other matters in a combined §2-619.1 motion. Therefore, the new §2-301 will allow a party to object to the court's jurisdiction over the party's person on the grounds that (1) the party is not amendable to process of a court of this State, or (2) insufficiency of process or insufficiency of service of process.
The defendant may file (1) a motion to dismiss the entire proceeding or any cause of action involved in the proceeding or (2) a motion to quash service of process. If the objecting party files a responsive pleading or a motion (other than a motion for an extension of time to answer or otherwise appear) before filing a motion objecting to the court's jurisdiction over the party's person, the party waives all objections to that jurisdiction. P.A. 91-145; effective 1-1-2000.
SB 460 - Court Fee Waiver Guidelines
Clarifies standards for the provision of a court fee waiver for the legal representation of poor persons. The standards include kinds of fees that should be waived, income guidelines, court procedures, and application and certification procedures. P.A. 91-621; effective 8-19-99.