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ISBA Statehouse Review for the week of May 14

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Body attachments and child support (House Bill 2473), Juvenile Court Act (House Bill 3172), Right to Privacy in the Workplace Act (Senate Bill 2306), Medical cannabis (House Bill 1), Juvenile court jurisdiction (House Bill 2404) and Real estate documents and thumbprints (House Bill 2269). More information on each bill is available below the video.

Body attachments and child support. House Bill 2473 (Reboletti, R-Addison; Connelly, R-Wheaton) excludes the requirements or limitations of the section concerning body attachment orders if enforcing any order or judgment for child support. Passed the House and will be heard this week in Senate Judiciary Committee.

Juvenile Court Act. House Bill 3172 (Tracy, R-Brown County; Clayborne, D- E. St. Louis) amends the “continuance under supervision” section (Section 615) to track the procedure followed in adult criminal court. Senate Amendment No. 1  does the following:

(1) Leaves current law so that a case may be continued under supervision before a finding of delinquency with the approval of the state’s attorney. “A finding of delinquency” is a bright line that should prevent some of the confusion caused by the inconsistency of the current language. It leaves current law that this option is not available for any forcible felony, a Class X felony, and first-degree murder.

(2) Amends § 615 so that after a court makes a finding of delinquency, the court may continue the case under supervision. It adds the same criteria from the supervision statute in the Criminal Code that the judge must consider before ordering supervision. (730 ILCS 5/5-6-1). It recites current law that this option is not available for any forcible felony, a Class X felony, and first-degree murder.

House Bill 3172 is on second reading in the Senate after passing the House.

Right to Privacy in the Workplace Act. Senate Bill 2306 (Radogno, R-Lemont; Mautino, D-Spring Valley) makes an exemption to existing law that prohibits an employer from requesting or requiring an employee or prospective employee to provide a password to gain access to the employee’s or prospective employee’s account or profile on a social networking website. If the password or access sought by the employer relates to a professional account and not a personal account, nothing in the provisions otherwise prohibits an employer from complying with a duty to screen employees or applicants before hiring or to monitor or retain employee communications as required under Illinois insurance laws or federal law or by a self-regulatory organization as defined in the Securities Exchange Act of 1934. Passed the Senate and in the House on third reading.

Medical cannabis. House Bill 1 (Lang, D-Chicago; Haine, D-Alton) creates a four-year pilot program that would make Illinois the 19th state (along with the District of Columbia) to allow sick or dying people to use small amounts of medical cannabis. It would require a doctor to certify that the patient suffers from a “debilitating medical condition” such as cancer, HIV/AIDS, or hepatitis C and that this limited use would ease that suffering.

House Bill 1 does the following:  
• A physician may submit a written certification only for a patient with whom the physician has an ongoing relationship and is receiving treatment for the underlying condition from the certifying physician.
• Agriculture would regulate the 22 cultivation centers (one in each State Police District; DPR would oversee the 60 nonprofit dispensaries; and DPH would regulate eligible patients.
• Dispensaries may not sell more than 2.5 ounces of cannabis for a 14-day period to qualified patients. A patient may not grow his or her own medical cannabis.

• After receiving a written certification from the patient’s regular physician, the Department would issue an identification card to the patient and, if one is appointed, the patient’s primary caregiver.

• The physician’s written certification must state that the patient is likely to receive a therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient’s debilitating medical condition or its symptoms. The condition must be listed in House Bill 1 to be eligible. Unlike other states, generalized pain is not a qualifying condition under House Bill 1.

House Bill 1 is on third reading in the Senate after passing the House.

Juvenile court jurisdiction. House Bill 2404 (Currie, D-Chicago; Steans, D-Chicago) raises the age of jurisdiction for juvenile court from 17 to 18 for most felony offenses. The jurisdictional age for misdemeanor offenses was raised from 17 to 18 several years ago, and after the Illinois Juvenile Justice Commission studied the benefits of that change, recommended that it be extended to most felonies. Essentially, House Bill 2404 would align our juvenile court jurisdiction with 38 other states, the federal government, and common culture. Passed the House and is on third reading in the Senate awaiting a vote.

Real estate documents and thumbprints. House Bill 2269 (Evans, D-Chicago; Napoleon Harris III) extends the sunset date for requiring a thumbprint of the transferor in a Cook County residential real estate transaction from July 1, 2013 to July 1, 2018. Passed the House and on third reading in the Senate.

Posted on May 14, 2013 by Chris Bonjean
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