Capitol Chronicle
By Jim Covington
Director of Legislative Affairs
The 94th General Assembly is about 30 days from being history awaiting the 95th General Assembly's installation Jan. 10, 2007.
Juvenile sex offenders.
Governor Blag----ojevich's veto of House Bill 2067 was upheld. The override attempt failed on a 58-51-1 vote. House Bill 2067 removed last year's statutory language that required juveniles convicted of sex offenses to register at age 17 as a sex offender for 10 years to life regardless of when the offense was committed or what kind of offense was committed. Instead, House Bill 2067 substituted an individualized judicial determination for juveniles. It did not affect juveniles who are transferred to adult criminal court, nor did it affect the sentencing of juvenile sex offenders.Governor Blagojevich's veto message stated, in part, that he “cannot condone leniency towards sex offenders, whether the sex offender is a juvenile or an adult.”
DUI bills.
Two bills that substantially rewrite Illinois' DUI laws will reappear in some form next spring. Senate Bill 3198 (Cullerton, D-Chicago) addresses field sobriety tests, and Senate Bill 3199 (Cullerton, D-Chicago) addresses breath-screening tests. Both bills make the following changes. (1) Establishes procedures for the statutory summary suspension of driver's licenses of persons who are stopped for DUI and who refuse to submit to field sobriety tests or preliminary-breath tests. (2) If a person is in control of a motor vehicle in this State, he or she is deemed to have given consent to performing field-sobriety tests or give a breath sample for testing. (3) The results of a field-sobriety test or preliminary breath-screening test may be used by the defendant in any DUI administrative or court proceeding and may be used by the State in rebuttal to an assertion that the test did not accurately reflect the person's alcohol concentration.(4) Permits temporary impounding of vehicles in certain cases. (5) After a statutory summary suspension has been imposed on a person who previously has never been convicted of or received a disposition of supervision for a DUI offense, the court may immediately grant the person a judicial driving permit if the person also submitted to field-sobriety tests or preliminary breath-screening tests before failing the test of breath or blood alcohol. (6) Provides for a hearing and procedures for a person who has had his or her license suspended for a failure to submit to a field-sobriety test or breath-screening test. (7) Authorizes the Secretary of State to issue a restricted-driving permit to a person who has had his or her license suspended for specified reasons if the person consents to a breath-alcohol ignition-interlock device installed in his or her car. (8) Prohibits the court from assigning supervision to a defendant charged with driving a motor vehicle on a revoked or suspended license if the suspension or revocation was for violating the field-sobriety test provision or the preliminary breath-screening test provision of the Vehicle Code if the defendant was convicted or assigned supervision within the last 10 years for driving on a revoked or suspended license.
Radon.
Senate Bill 3200 (Clayborne, D-E. St. Louis) was introduced in veto session and may also be reappear next year. It amends the Residential Real Property Disclosure Act to require that the seller must have residential property tested for radon before the sale. If it is above a certain level, the seller must mitigate, repair, or alter the premises to reduce the radon level or give the prospective buyer notice of the right to terminate the sale agreement without loss of any earnest money or down payment.