Capitol Chronicle

By Jim Covington

Director of Legislative Affairs

The newly elected 95th General As--sembly is off and running with the introduction of the following bills.

State RICO. House Bill 409 (Chapa LaVia, D-Aurora) creates a state RICO Act modeled after the federal RICO Act. Makes it a Class 1 felony for engaging in a continuing criminal enterprise and applies to accountability under Article 5 of the commission of any crime with forfeiture provisions. Allows prosecution under this Act for all incidents of racketeering activity as long as the last incident of racketeering activity occurred within seven years' from the first incident. Prohibits a state's attorney from prosecuting under this Act unless the Attorney General gives written approval.

Code-hearing unit. Senate Bill 83 (Trotter, D-Chicago) amends the Counties Code to allow any county (instead of those under three million population) to establish a code-hearing unit.

Consecutive sentences. House Bill 469 (Reboletti, R-Addison) requires the trial court to impose a consecutive sentence if a defendant is convicted of a felony while on probation, conditional discharge, parole, or mandatory supervised release for a prior felony.

Attorney Act. Senate Bill 148 (Cul-lerton, D-Chicago) 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); actual damages; reasonable attorney's fees and costs attributable to the prosecution of the action; punitive damages if the conduct was willful, intentional or done with reckless disregard to the rights of others; and other relief deemed necessary to remedy the wrongdoing.

Juvenile sex offenders. Senate Bill 121 (Raoul, D-Chicago) inserts judicial discretion on whether a juvenile sex offender must register as an adult sex offender and for how long. Under current law there is no judicial discretion regardless of the nature of the crime or the age of the juvenile.

Criminal law commission. Senate Bill 150 (Cullerton, D-Chicago) creates the Joint Criminal Law Review Commission to review and evaluate all proposed legislation filed in the Illinois General Assembly affecting criminal law or penal offenses to ensure that proposed legislation is necessary, uniform, and constitutional.

Child-support enforcement. House Bill 321 (Rose, R-Mahomet) makes three changes for obligor-parents who are or have been three months' delinquent in paying child support. (1) Once the obligor gets current on payments, it requires the court to make the obligor post security or a bond or some other guarantee to ensure payment of at least two months' child support. (2) Extends the lien on the parent's personal property to all of the parent's lawsuit proceeds and lottery winnings, if any. (3) Requires the Department of Health and Family Services to disclose the names and addresses of delinquent obligors.

Suspected child abuse. House Bill 421 (Leitch, R-Peoria) requires that reports of suspected child abuse or neglect made to DCFS' toll-free telephone must be transmitted to the appropriate local law enforcement agency.