Capitol Chronicle

By Jim Covington

Director of Legislative Affairs

All of these bills have been sent to the Governor, and if signed take effect immediately.

SLAPP procedure. Senate Bill 1434 creates the Citizen Participation Act that provides for a separate civil procedure against SLAPP litigation (Strategic Lawsuits Against Public Participation). It creates a procedure to allow for quick adjudication and dismissal of litigation that seeks to prevent or punish someone from exercising rights guaranteed under the constitution, such as the right to free speech, petition, and participation in government. Drop date, Aug. 28.

Electronic appearance. Senate Bill 265 allows an incarcerated person to make a personal appearance by two-way audio-visual equipment in civil or criminal proceeding if the chief judge of the circuit issues rules authorizing such appearances in certain hearings. Drop date, Aug. 19.

Reduction of good-time credit. House Bill 1557 reduces day-for-day good time to 7.5 days a month for a number of serious criminal offenses. Drop date, Aug. 13.

Code-hearing unit. Senate Bill 83 amends the Counties Code to allow any county (instead of counties under three million population) to establish a code-hearing unit. Drop date, Aug. 28.

Attorney Act. Senate Bill 148 amends the Attorney Act to create statutory remedies against the unauthorized practice of law. The bill's proposed remedies include appropriate equitable relief; a civil penalty not to exceed $5,000 (to go to the Illinois Equal Justice Foundation); and actual damages. It also creates the Supreme Court Historic Preservation Act. Drop date, Aug. 26.

Public place of accommodation. Senate Bill 593 amends the Illinois Human Rights Act to redefine a "place of public accommodation." It specifically includes offices of professionals such as health-care providers and lawyers. But it is not a civil rights violation for a professional-service provider to refer or refuse to provide services for any non-discriminatory reason if the provider would do the same for the same reason for any other person. Drop date, Aug. 28.

Medical and legal records. Senate Bill 472 and House Bill 830 must be read together. They amend the Code of Civil Procedure affecting the retrieval of consumer's medical or legal records. (1) Allows for the charging of the actual postage or shipping charge of the records. (2) Clarifies that records retrieved from scanning, digital imaging, electronic in--formation or other digital format do not qualify as microfiche or microfilm retrieval for calculating charges under this statute. The charge for these records will be 50% of the per-page charge for paper copies in this statute and includes the cost of each CD ROM, DVD, or other digital media for electronic records. (3) If the records are already maintained in an electronic or digital format, they must be provided in an electronic format if requested. If the records system does not allow for the creation or transmission of an electronic or digital records, then the facility or practitioner must inform the requester in writing of the reason the records cannot be provided electronically. The written explanation may be included with the production of paper copies if the requester chooses to order paper copies. Drop date, Aug. 28. Although effective immediately, the new fee provisions do not take effect until Jan. 1, 2008.

Adoption Act. Senate Bill 68 amends the Adoption Act to make two changes. (1) Clarifies that children are entitled to inheritance rights and all other available benefits of adopted children if their adoptive parents die before the adoption is completed as long as the court has jurisdiction over the parties. (2) Allows DCFS to provide financial assistance for the gap between when the child's adoptive parents die and completion of a new adoption by another adoptive parent. Drop date, Sept. 11.