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ISBA Statehouse Review for the week of March 6, 2014

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Victims’ rights amendment (HJRCA 1), Electronic surveillance and bail bonds (House Bill 3744), Court-services fee (House Bill 5453), Disabled adults (Senate Bill 2954) and The Uniform Electronic Legal Material Act (Senate Bill 1941). More information on each bill is available below the video.

Victims’ rights amendment. HJRCA 1 (Lang, D-Skokie) gives victims of crime standing as a party in criminal proceedings. In House Judiciary Committee.

Electronic surveillance and bail bonds. House Bill 3744 (Wheeler, R-Crystal Lake) allows the court to order the respondent to undergo a risk-assessment evaluation conducted by an Illinois Department of Human Services approved partner-abuse intervention-program provider, pretrial service, probation, or parole agency if a person has been charged with any of the following crimes: felony domestic battery, aggravated domestic battery, aggravated battery, kidnapping, aggravated kidnaping, unlawful restraint, aggravated unlawful restraint, or an attempt to commit first degree murder. Allows the court to order that the person, as a condition of bail, be placed under electronic surveillance as provided in the Unified Code of Corrections. If the court doesn’t order the respondent to undergo a risk-assessment evaluation or to be placed under electronic surveillance, the court must document in the record its reasons for making those determinations. Requires the cost of the electronic surveillance to be paid from the bail moneys deposited by, or on behalf, of the defendant regardless of the outcome of the case. In House Judiciary Committee.

Court-services fee. House Bill 5453 (Brauer, R-Springfield) lifts the cap on the $25 court-services fee that a county may charge civil litigants and convicted defendants for courthouse security if the county gets an acceptable cost study prepared that justifies a higher fee. Senate Bill 3265 (Haine, D-Alton) is an identical bill.

Disabled adults. Senate Bill 2954 (Silverstein, D-Chicago) amends the Probate Act of 1975 to give a guardian of a disabled adult’s person and estate the authority to commence proceedings on behalf of the ward if the court finds the proceedings to be in the best interests of the ward. These proceedings would include but not limited to adoption, marriage, or dissolution of marriage proceedings. In Senate Judiciary Committee.

The Uniform Electronic Legal Material Act. Senate Bill 1941 (Mulroe, D-Chicago) creates the Uniform Electronic Legal Material Act to use legal material in an electronic record. It applies to all legal material designated as official under the Act and published after its effective date. It defines those terms and includes court reports, statutes, session laws, rules, and agency decisions. Provides for an official publisher for the material, including the Supreme Court and the Secretary of State. Provides for authentication of official electronic records and for their preservation. On second reading in the Senate.

Posted on March 6, 2014 by Chris Bonjean
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