The Bar News

ISBA Statehouse Review for February 27, 2019

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers civil procedure—Section 2-619 dismissal, IMDMA and priority for grandparents, emancipation of minors, domestic violence, and jury duty.

Civil procedure—Section 2-619 dismissal. House Bill 3181 (Mazzochi, R-Westmont) adds a new subsection for an involuntary dismissal if a claim is unenforceable because it was (1) filed for a purpose of forcing an individual or entity to change positions or induce or coerce behavior in a manner unrelated to the claim asserted; or (2) based on allegations made to a government entity by an anonymous complainant if: (a) the anonymous complainant is not revealed; or (b) the anonymous complainant, if revealed, made the allegations to a government entity while holding an ulterior motive toward the defendant or to retaliate against the defendant. Assigned to the House Rules Committee. 

IMDMA and priority for grandparents. House Bill 2236 (Bourne, R-Litchfield) requires that a petition for visitation brought by a grandparent or great-grandparent must be given priority to schedule a hearing, and that a decision be rendered within six months of the petition for visitation being filed, unless the parties agree otherwise.

It also requires the court to set the first hearing date for a petition for visitation within 45 days of filing the petition and that further hearing dates be set in court within 45 days of the prior hearing. It also allows the court to impose penalties and sanctions on any party that intentionally or recklessly causes an undue delay in this kind of a proceeding. Scheduled for hearing March 5 in the House Judiciary Committee.

Emancipation of minors. House Bill 2256 (Welter, R-Morris) deletes language stating that no order of complete or partial emancipation may be entered if there is any objection by the minor’s parents or guardian. Instead, it provides that an order of complete or partial emancipation may be entered if the court finds, in a hearing, that emancipation would be in the minor’s best interests. Scheduled for hearing March 5 in the House Judiciary Committee. 

Domestic violence. House Bill 3402 (Mason, D-Gurnee) amends the Code of Civil Procedure to provide that the privilege extended to members of the clergy does not apply (1) if a member of the clergy is required to report child abuse or neglect under the Abused and Neglected Child Reporting Act, (2) in a case involving domestic violence, or (3) in a case involving violent criminal matters.

Amends the Criminal Code of 2012 to allow eavesdropping made under the reasonable suspicion that the person is committing, is about to commit, or has committed an act of abuse and that the recording will contain evidence of the abuse.

Amends the Illinois Domestic Violence Act of 1986 to require the following persons to complete the Domestic Violence Foundation Training Course offered by the Illinois Coalition Against Domestic Violence: all judges who preside over family law or domestic violence courtrooms, mandated reporters, victim-assistance professionals, family law attorneys, family law mediators, court-appointed guardians ad litem, court-appointed child representatives, court-appointed therapists and counselors, and court-appointed experts who practice in the area of family law.

Requires that the clerk of the court provide to all petitioners seeking an order of protection resources and information on domestic violence and how to obtain assistance as a victim of domestic violence. Requires that when determining whether to issue an order of protection, the court must consider the law enforcement records relating to domestic violence committed by the respondent for a period of at least 10 years.

Provides that if an order of protection is issued, the petitioner is entitled to attorney’s fees incurred in bringing the petition. Requires that the Department of State Police maintain a complete and systematic record and index of all valid or expired and recorded orders of protection for a period of at least 20 years. 

House Bill 3402 has been assigned to the House Rules Committee. 

Jury duty. House Bill 2203 (Hammond, R-Macomb) requires the circuit courts to develop a policy for allowing prospective jurors who are older than a certain age to be permanently excused from jury duty. Requires that a circuit court, when determining the age at which a prospective juror may be excused based on age, consider the following: the age at which jury duty may become difficult for a significant number of jurors and the jury pool available for that circuit court.

Provides that a prospective juror meeting the age requirement may apply for the exemption based on a self-assessment of his or her physical limitations and mobility issues. Requires that the county board, jury administrator, or jury commissioner permanently exclude the prospective juror from all current and subsequent jury lists. Assigned to the House Judiciary Committee.  

Posted on February 27, 2019 by Rhys Saunders
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Member Comments (1)

Adding that language to 2-619 is not necessary or desirable and far too vague and broad.

As to just one example, if I want Boy Friend to stop dating my daughter and he refuses and I file a suit to collect on the demand promissory note he signed this addition would allow dismissal.   All of the other attempts by this proposed legislation to allow dismissal are already available through summary judgment or other provisions of the CPA or fall in the same category as the first example. Even the Citizens' Participation Act does not coattail on 2-619.

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