analysis testing, close monitoring for a minimum of 30 days and supervision of progress, educational or vocational counseling as appropriate, and other requirements necessary to fulfill the drug court program. Sets forth dispositional options for defendants who successfully complete the program and those who fail to do so. Effective January 1, 2002.
Public Act 92-0064 (SB 376)
Amends the School Code to allow a school district to adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term of the suspension or expulsion before being admitted into the school district. Provides that this policy may allow placement of the student in an alternative school program, if available, for the remainder of the suspension or expulsion. Effective July 12, 2001.
Public Act 92-0068 (SB 542)
Creates the Nursing Mothers in the Workplace Act. Requires an employer to provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. Requires an employer to make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a toilet stall, where the employee can express her milk in privacy. Effective July 12, 2001.
Public Act 92-0081 (SB 1049)
Amends the Criminal Code of 1961 to provide that if a person is charged with criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child and the victim requests it, the prosecuting attorney must seek a court order requiring that the defendant be tested for all sexually transmissible diseases (instead of just HIV.) Effective July 12, 2001.
Public Act 92-0091 (SB 464)
Amends the Code of Criminal Procedure of 1963. Provides that the hearsay exception for the admissibility of out of court statements by eligible adults (those 60 years or older who reside in a domestic living situation, who are, or alleged to be, abused, neglected or financially exploited by another individual and who have been diagnosed by a physician to suffer from any form of dementia, developmental disability or other form of mental incapacity or any physical infirmity) applies to certain crimes, including physical abuse of the eligible adult. Effective July 18, 2001.
Public Act 92-0095 (SB 787)
Creates the Local Government Disaster Service Volunteer Act. Provides that local governments, by ordinance, may agree to compensate employees who are certified disaster volunteers for up to 20 working days per 12-month period when the employees are providing disaster services related to a disaster in Illinois and certain other requirements are met. Effective January 1, 2002.
Public Act 92-0097 (SB 1048)
Amends the Probate Act of 1975. Provides that a sale of a decedent's real estate may be conducted by means of the Internet or any other electronic medium as approved by the court. Provides that the notice required to be given by means of the Internet or other electronic medium must include a statement that public access to the Internet is available at public libraries. Provides that any notice required to be given by means of the Internet or other electronic medium is in addition to any other notice required in connection with a public sale of a decedent's real estate. Effective January 1, 2002.
Public Act 92-0101 (HB 289)
Amends the Illinois Governmental Ethics Act to provide that a person whose multiple offices or positions each require a statement of economic interests need file only one statement with the Secretary of State, for offices and positions required to file with the Secretary of State, or one statement with a county clerk, for offices and positions required to file with that county clerk. Effective January 1, 2002.
Public act 92-0102 (HB 904)
Amends the Illinois Municipal Code. Provides that municipalities have the power to acquire real and personal property, wherever located, and rights in real and personal property, by gift, grant, and legacy and to use that property for purposes authorized by the Code. Effective January 1, 2002.
Public Act 92-0109 (HB 3069)
Amends the Counties Code, the Illinois Municipal Code, the Code County Forest Preserve District Act, the Metropolitan Water Reclamation District Act, the Metropolitan Transit Authority Act, the School Code, the Housing Authorities Act, and the Illinois Wage Payment and Collection Act. Allows a county with a population of 3,000,000 or more, a municipality with a population of 500,000 or more, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, the Chicago Board of Education, and a housing authority of a municipality with a population of 500,000 or more to deduct debts owed to another of those entities from the wages of its employees, where the municipality, the county, the Cook County Forest Preserve District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, the Chicago Board of Education, or a housing authority certifies that the employee has received notice of a wage deduction order and has been afforded an opportunity for a hearing to object to the order. Effective July 20, 2001.
Public Act 92-0114 (HB 3576)
Amends the Clerks of Courts Act. Provides that, in counties having a population of 180,000 inhabitants or less, the circuit clerk may charge, in addition to the amount already owed, a fee of $25 for each check delivered to the circuit clerk that is not honored on two occasions by the financial institution upon which it is drawn because of insufficient funds in the account, because the account is closed, because there is no account, or because a stop payment has been placed on the check.
Further amends the Clerks of Courts Act to provide that counties having one or more state correctional institutions shall, in addition to compensation from the county board, receive a minimum reimbursement from the state treasury in the amount of $2,500 for administrative assistance (rather than $10,000 for one employee) to perform services in connection with the state correctional institution. Counties whose state correctional institution inmate population exceeds 250 shall receive reimbursement in the amount of $2,500 per 250 inmates.
Amends the Local Government Acceptance of Credit Cards Act. Provides that a local governmental entity may impose fees on credit card transactions that are greater than the amounts specified in the Act if (i) the fee imposed by the local governmental entity is no greater than a fee charged by the financial institution or service provider accepting and processing credit card payments on behalf of the local governmental entity; (ii) the financial institution or service provider accepting and processing the credit card payments was selected by competitive bid and, when applicable, in accordance with the provisions of the Illinois Procurement Code; and (iii) the local governmental entity fully discloses the amount of the fee to the cardholder. Effective January 1, 2002.
Public Act 92-0116 (SB 195)
Amends the Code of Civil Procedure. Changes the provision under which a defendant whose identity was mistaken and who was not named in the original action may be made a defendant to the cause of action without the application of the statute of limitations. Requires that the defendant must have received notice of the commencement of the action within the limitation period and that he or she would not be prejudiced in maintaining a defense on the merits and knew or should have known that but for a mistake concerning the identity of the party the action would have been brought against him or her. Effective January 1, 2002.
Public Act 92-0129 (SB 1109)
Amends the Election Code. Deletes provisions requiring persons circulating petitions for nomination and petitions for public questions to be a registered voter. Provides that persons circulating those petitions must be 18 years of age or older and citizens of the United States. Requires petitions to include a circulator's statement that certifies certain information. Deletes provisions allowing the circulation of certain petitions for nomination during the 45 days preceding the last day for filing those petitions for the 1994 general primary election. Effective July 20, 2001.
Public Act 92-0137 (HB 2161)
Amends the Illinois Vehicle Code. Provides that the state's attorney must notify the Secretary of State of the charges pending against any person younger than 18 years of age who has been charged with a violation of the Illinois Vehicle Code or the Criminal Code of 1961 arising out of an accident in which the person was involved as a driver and that caused the death of or serious injury to another person. Provides that the state's attorney must notify the Secretary on a form prescribed by the Secretary. Provides that upon receiving that notice, the Secretary may deny any driver's license to any person younger than 18 years of age against whom the charges are pending. Provides that the state's attorney must notify the Secretary of the disposition of the case of any person who has been denied a driver's license under the new provision. Provides that the Secretary must adopt rules for implementing the new provision. Effective July 24, 2001.
Public Act 92-0141 (HB 3054)
Amends the Vital Records Act. Allows the State Registrar of Vital Records to implement an electronic reporting system for death registrations. Provides that, in addition to any other fees charged by the local registrar or county clerk, the local registrar or county clerk must charge a $2 fee for each certified copy of a death certificate. Provides that the $2 fee must be transmitted to the State Registrar and deposited into the Death Certificate Surcharge Fund. Provides that moneys in the Death Certificate Surcharge Fund may be used to train deputy coroners, forensic pathologists, and police officers for homicide investigations and for implementing an electronic reporting system for death registrations. Effective July 24, 2001.
Public Act 92-0152 (HB 10)
Amends the Illinois Vehicle Code. Permits the use of a single-sided headset or earpiece with a cellular or other mobile telephone. Effective July 25, 2001.
Public Act 92-0162 (SB 686)
Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides for service of a short form notification of an order of protection instead of service of a copy of the order on the respondent. Effective January 1, 2002.
Public Act 92-0171 (SB 98)
Amends the Child Passenger Protection Act. Provides that every person transporting a child four years of age or older but under the age of 16 (instead of six) shall be responsible for securing the child in a child restraint system or seat belts. Effective January 1, 2002.
We expect to again be busy and active when the General Assembly reconvenes this fall and more so during the next spring session. Our experience and ambitions are meaningless, however, if you are not reading, listening, responding and assisting in these efforts. We hope that you will take advantage of the opportunities which the Legislation Subcommittee, as well as the other subcommittees of the Government Lawyers Committee, offers by being vocal in your opinions, advice and encouragement. We look forward to serving you and the interests of government lawyers in the months and years to come.
By Lynn Patton, Springfield
Administrative law
Boards of Trustees of the Chicago Heights Police Pension Fund v. Department of Insurance, No. 1-99-1589 (1st District, June 26, 2001.) Statute creating the Public Pension Division within the Department of Insurance and directing the Division to automate its operations, services and communications "to the fullest practical extent," does not authorize the Department to enact an administrative rule compelling public pension funds to pay their annual compliance fees exclusively by electronic transfer through an automatic clearing house debit. Therefore, trial court properly held that the rule exceeded the administrative agency's statutory authority and enjoined the Department from refusing to accept deposits made in the form of checks.
Illinois State Police v. The Fraternal Order of Police Troopers Lodge No. 41, No. 4-00-0774 (4th District, June 28, 2001.) Trial court erred when it refused to reverse arbitrator's decision allowing grievance filed by union against the Illinois State Police for violation of collective bargaining agreement with regards to investigation of union members for criminal activities. (1) The arbitrator exceeded his authority by applying provision of collective bargaining agreement setting forth procedure for discipline of employees to criminal investigations. An employer cannot by contract give its employees procedural rights and benefits regarding criminal investigations. The fact that the employer in this case is the Illinois State Police is immaterial. When the Illinois State Police is investigating an employee's criminal conduct, it is acting under its statutory duty to enforce the laws of the State of Illinois, not as an employer. (2) Even if the collective bargaining agreement's provisions applied to criminal investigations, the contract would violate public policy as being detrimental to the conduct of effective law enforcement.
Cook County Sheriff's Enforcement Ass'n v. County of Cook, No. 1-99-3710 (1st District, June 29, 2001.) An appeal from an order of the Illinois Local Labor Relations Board directly to the appellate court that does not name the Illinois Local Labor Relations Board as a party, despite being named as a necessary party in an order sought to be reversed, must be dismissed. Further, motion to amend petition for review must be denied, because it does not qualify under the provisions of section 3-113 of the Administrative Review Law ( 735 ILCS 5/3-113 (West 1998.))
Civil appeals
Pappas v. Waldron, No. 4-00-0848 (4th District, July 6, 2001.) The circuit clerk's failure to mail a copy of the docket entry does not excuse plaintiff's late filing of his notice of appeal, and the appeal should be dismissed. Both parties filed motions for summary judgment. The record is not clear whether court pronounced decision from the bench, but docket shows that the court called the case up for decision the same day as it heard arguments, ruled in favor of defendant, and ordered clerk to mail copy of decision to attorneys of record. Clerk failed to mail decision, plaintiff is required to file notice of appeal or post trial motion within 30 days of decision. Parties are required to keep track of status of case, and cannot use clerk's failure to mail decision as an excuse to avoid compliance with the time limits for appeal set out in Supreme Court Rule 303(a)(1) (155 Ill. 2d R. 303(a)(1).)
Criminalgeneral
People v. O'Brien, No. 90390 (July 26, 2001.) Mandatory insurance requirement of section 3-707 of the Illinois Vehicle Code (625 ILCS 5/3-707 (West 1998)) is an absolute liability offense.
People v. Johnson, No. 4-99-0267 (4th District June 27, 2001). Pursuant to the provisions of section 103-5(c) of the Code of Criminal Procedure of 1963, when the circuit court grants the state's motion to extend time for trial in order to complete DNA testing, it may grant a total of 240 days from commencement of incarceration to trial and is not limited to 120 days from the date the motion is allowed.
Criminal counsel
People v. Bolden, No. 87177 (June 21, 2001.) Murder conviction of defendant not subject to reversal because of refusal of police, after prior agreement to the contrary, to allow defendant's attorney to witness line-up voluntarily participated in by defendant. Refusal of the police to permit defendant's lawyer to observe the witness during the lineup did not convert defendant's voluntary appearance at the police station into a seizure by the detectives. Jury instruction that defendant's right to attorney did not attach to line-up was proper.
People v. Jones, No. 1-99-3858 (1st District, June 18, 2001). It is well-settled that strategic choices made by defense counsel after a thorough investigation of the law and facts relevant to the plausible options are "virtually unchallengeable." Under the Strickland test, defendant was not deprived of effective assistance of counsel in trial for murder and attempted murder because of failure to call exculpatory witness. The witness had made previous inconsistent statements, and the decision not to call him was legitimate trial strategy. However, consecutive sentences must be modified to run concurrently, as there was no serious bodily injury involved in Class X offense as required by subsection 5-8-4(a) of the Illinois Unified Code of Corrections (730 ILCS 5/5-8-4(a) (West 1998,)) since the officer sustained only a "graze" type wound.
People v. Rodriguez, No. 1-00-0635 (1st District, July 27, 2001.) Trial court erred when it granted motion to suppress based on its conclusion that police violated defendant's right to counsel when they refused permission for him to consult with law student during interrogation. The defendant's attorney was not physically present at police station, and there was no violation of defendant's due process rights by refusing permission for attorney's employee, a third year law student, to speak with him.
Criminal prosecutorial misconduct
People v. Roman, No. 1-00-1836 (1st District, July 5, 2001). Defendant's conviction was reversed, because it is plain error to allow police officer to testify that he received commendation for his handling of incident giving rise to charge against defendant of aggravated battery of police officer. Not only is testimony hearsay, its probative value is far outweighed by the potential prejudicial effect. Further, prosecutor's closing argument contained improper references to Columbine shootings, as well as references to drug dealing and other impermissible appeals to fears of jurors, which were amplified by court's failure to make clear and timely ruling on defense objection.
Freedom of Information Act
Southern Illinoisan v. Department of Public Health (5th District, 2001), 319 Ill. App. 3d 979. Trial court erred in entering summary judgment requiring the Department of Public Health to release certain data in the Illinois Cancer Registry, since there exists a material question of fact as to whether the identity of specific cancer victims could be reasonably determined from the information sought (type of cancer, zip code and date of diagnosis.) Section 7(1)(b)(i) of the Freedom of Information Act (5 ILCS 140/7(1)(b)(i) (West 1998)) does not expressly exempt from disclosure information from the Cancer Registry. Moreover, when balancing interests, the Department of Public Health did not meet its burden of proving that the Freedom of Information Act's section 7(1)(b)(i) exemption applies. Cause remanded to determine whether the information sought may reasonably tend to lead to the identity of any person whose condition or treatment is submitted to the Cancer Registry, thereby exempting the information from release under section 7(1)(a) of the Freedom of Information Act (5 ILCS 140/7(1)(a) (West 1998.))
In re Consensual Overhear, No. 2-00-0828 (2nd District, June 29, 2001.) Applications for electronic surveillance of conversations sealed pursuant to section 108A-7(c) of the Code of Criminal Procedure of 1963 are exempt from disclosure under subsections 7(1)(b) and (1)(c) of the Freedom of Information Act (5 ILCS 140/7(1)(b), (1)(c) (West 1998.)) Consequently, news agencies are not entitled to the disclosure of the applications pursuant to the provisions of the Freedom of Information Act. Moreover, the Code contemplates that only law enforcement personnel, subjects of surveillance, and their attorneys may petition for disclosure of application for and contents of conversations intercepted by means of electronic surveillance.
Municipal law
Primeco Personal Communications, L.P. v. Illinois Commerce Comm'n (2001,) 196 Ill. 2d 70. The Telecommunications Municipal Infrastructure Maintenance Fee Act (35 ILCS 635/1 et seq. (West 1998)) is unconstitutional as applied to wireless communications providers, because there is an insufficient relationship between legislative intent of providing reimbursement for use of the public rights-of-way and wireless communications services in violation of the uniformity clause of the Illinois Constitution (Ill. Const. 1970, art. IX, §2.)
Langendorf v. City of Urbana, No. 90635 (July 26, 2001.) Trial court's dismissal of plaintiff's complaint for declaratory judgment, filed more than one-year after entry into annexation agreement between city and adjoining property owner but less than one year after city passed implementing zoning ordinance, should not have been reversed. Since the zoning of parcels of property cannot be separated from their annexation, the one-year statute of limitations contained in section 7-1-46 of the Illinois Municipal Code begins to run when a municipality enters into an annexation agreement. The limitation period cannot be circumvented by attempting to challenge the implementing zoning ordinance. Otherwise, the ban against late filing to "directly or indirectly" challenge an annexation agreement would be meaningless.
Doak v. City of Moline, No. 3-00-0609 (3rd District, July 13, 2001.) Municipal ordinance whereby abutting property owner was delegated responsibility for maintenance of adjoining sidewalk as to proper alignment, grade and surface pursuant to an exercise of the municipality's police powers was ineffective to shift liability for injury sustained allegedly as a result of defective condition of sidewalk. Maintenance of public sidewalks is a non-delegable duty. The ordinance is unenforceable. Therefore, trial court was correct to dismiss third party complaint filed by city against adjacent landowner.
Separation of powers
In re D.S. (2001), No. 88460 (June 21, 2001.) Trial court had the authority under the Juvenile Court Act, after establishing permanency goal of substitute care pending determination of petition to terminate parental rights, to