Practice News

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers New criminal law procedures (Public Act 99-413), Open Meetings Act (Public Act 99-402), Real estate claims in Cook County (Public Act 99-439), Ordinances affecting calls to police (Public Act 99-441) and Summary suspensions (Public Act 99-467). More information on each bill is available below the video.

New criminal law procedures. Public Act 99-413 (Lang, D-Skokie;  John Cullerton, D-Chicago) implements the crime victim constitutional amendment adopted in the 2014 general election. Reorganizes and modifies the rights of crime victims and establishes additional procedures for enforcing victims’ rights. Provides that the Act does not grant any person a cause of action in equity or law for compensation for damages or attorney's fees, nor does it create a ground for relief requested by the defendant in a criminal case. Provides that presentence reports shall be open for inspection to the victim of a crime as set forth in the Act.

Effective August 20, 2015.

The Illinois Supreme Court has appointed Patricia S. Spratt as Circuit Judge of Cook County, 7th Subcircuit. This vacancy was created by the reitrement of the Hon. Anita Rivkin-Carothers. It is effective Sept. 8, 2015 and terminates on Dec. 5, 2016.

Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced Tuesday that the Third Judicial Circuit judges voted to select Jennifer L. Hightower and Sarah D. Smith as associate judges of the Third Judicial Circuit.

Ms. Hightower received her undergraduate degree in 2005 from the University of Missouri-Columbia in Columbia, MO and her Juris Doctor in 2009 from Thomas Cooley Law School in Lansing, MI. Ms. Hightower is currently affiliated with Simmons Hanly Conroy, LLC in Alton; Lewis & Clark Community College in Godfrey and the Madison County State's Attorney's Office in Edwardsville.

Ms. Smith received her undergraduate degree in 1998 from Millikin University in Decatur, her Master's Degree from Regent University in Virginia Beach, VA and her Juris Doctor in 2002 from Regent University in Virginia Beach, VA. Ms. Smith is currently affiliated with the Madison County State's Attorney's Office in Edwardsville.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Condominium Property Act (House Bill 2644), Decriminalization of cannabis (House Bill 218) and Body cameras (Public Act 99-352). More information on each bill is available below the video.

Condominium Property Act. House Bill 2644 (Cassidy, D-Chicago; Steans, D-Chicago) deletes a provision in current law that allows unit owners to enforce a provision in a declaration that would otherwise be void and ineffective if at least 75% of the owners approve at a any time after the election of the first unit-owner board of managers. Governor Rauner vetoed this because he believes that this is an unnecessary restriction on the rights of condominium owners with respect to their property.

Decriminalization of cannabis. House Bill 218 (Cassidy, D-Chicago; Noland, D-Elgin) imposes a minimum fine of $55 and a maximum fine of $125 for possession of 15 grams or less of cannabis. (2) Establishes a per se standard for Cannabis-DUI of 15 nano/milliliter of blood or 25 nano/milliliter of saliva in system instead of a trace of cannabis. (3) Allows for alternative ways to test for cannabis DUI using “any bodily substance” (including saliva) for testing. This is an expansion from current law of breath, blood, and urine. (4) Keeps ordinance and civil violation dispositions of minors confidential to reflect the intent of the Juvenile Court Act and limit collateral damage to minors.