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ISBA Statehouse Review for the week of June 19, 2014

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Strict foreclosure of an omitted subordinate interest (Senate Bill 2730), Ticket quotas banned (Public Act 98-650), Expungement of juvenile records (Public Act 98-637), Victims’ rights (HJRCA 1), Procedures in lineup identifications (House Bill 802), Search warrants sought electronically (House Bill 4594), Unfitness issues in criminal cases (Senate Bill 2801) and Traffic offenses and appearance (Senate Bill 2583). More information on each bill is available below the video.

Strict foreclosure of an omitted subordinate interest. Senate Bill 2730 (Mulroe, D-Chicago; Nekritz, D-Buffalo Grove) creates a procedure for the holder of title from a judicial sale to foreclose and clear title on an “omitted subordinate interest.” An OSI is a junior lienholder that was not made a party defendant in the previous foreclosure action and whose OSI was not terminated by the judgment of foreclosure when the property was sold by judicial sale. If the junior lienholder wishes to redeem, it must do so within 30 days after entry of the order redeeming title. The redemption sum will include the bid at the prior foreclosure sale, any costs and fees incurred after the sale for the payment of taxes, preservation of the property, or any other actions by the holder of the certificate of sale required to protect its interest in the property. The redemption amount will not include any costs or fees incurred by the holder of title that filed the strict foreclosure case.

Ticket quotas banned. Public Act 98-650 (Manar, D-Bunker Hill; Hoffman, D-Collinsville) prohibits the use of ticket quotas by law enforcement officers employed by the State, county, or unit of local government. It prohibits the unit of government from requiring a law enforcement officer to issue a specific number of citations within a designated period of time. It also prohibits the unit of government from comparing the number of citations issued by the law enforcement officer to the number of citations issued by any other law enforcement officer who has similar job duties to evaluate a law enforcement officer’s job performance. Exempts a municipality with its own independent inspector general and law enforcement review authority. It also preempts home rule. Effective Jan. 1, 2015.

Expungement of juvenile records. Public Act 98-637 (Raoul, D-Chicago; Turner, D-Chicago) requires the Illinois State Police to automatically expunge a person’s law enforcement records for incidents occurring before the person’s 18th birthday for most offenses in which no petition for delinquency was filed, the person attained the age of 18 years during the last calendar year, and since the minor’s arrest at least six months have elapsed without an additional arrest, filing of a delinquency petition, or filing of charge that was not initiated by an arrest. Effective January 1, 2015.

Victims’ rights. HJRCA 1 (Lang, D-Skokie; Steans, D-Chicago) amends the victims’ rights section of the Illinois Constitution for submission to the voters in the general election this November. HJRCA 1 expands notice to victims of court proceedings and gives them standing to assert the rights enumerated in Section 8.1 of the Illinois Constitution.

Procedures in lineup identifications. House Bill 802 (Drury, D-Highwood; Raoul, D-Chicago) sets out procedures and guidelines for how law enforcement conducts lineups for identification of alleged perpetrators of crimes.

Search warrants sought electronically. House Bill 4594 (Zalewski, D-Chicago; Righter, R-Mattoon) authorizes a judge to issue a search warrant based upon sworn testimony communicated by electronic means that has a simultaneous video and audio transmission between the requestor and a judge. Establishes procedures concerning the application, issuance, contents, and execution of these warrants. Requires the Chief Judge of the circuit court or presiding judge in the issuing jurisdiction to, by local rule, create a standard practice for the filing or other retention of documents or recordings produced in the process of issuing search warrants.

Unfitness issues in criminal cases. Senate Bill 2801 (Haine, D-Alton; Sims, D-Chicago) provides that a person conducting a fitness examination must make his or her notes, other evaluations reviewed or relied upon by the testifying witness, and any videotaped interviews available to another examiner of the defendant upon written request. Requires a forensic interview to be videotaped unless impractical. Allows an examiner to use these materials as part of a diagnosis or explanation and prohibits disclosure of the examination’s contents except as otherwise provided by law. Senate Bill 2801 also removes the ability of the court to order placement in a non-secure setting within the Department of Human Services if a defendant found unfit to stand trial or acquitted by reason of insanity. For an unfit defendant charged with a misdemeanor, it changes the period of time in which the defendant, with treatment, may be expected to attain fitness for purposes of fitness determinations from one year to no longer than the length of sentence if convicted of the most serious offense. If an unfit defendant refuses psychotropic medication, allows the medication to be administered over the defendant's objections as provided in the Mental Health and Developmental Disabilities Code.

Traffic offenses and appearance. Senate Bill 2583 (Noland, D-Elgin; D’Amico, D-Chicago) changes the procedures for all traffic violations that are petty offenses to include repeal of the requirement that bond be posted. If a person fails to appear for a court date, the court may continue the case for a minimum of 30 days and notify the person at their address of record with the Secretary of State. If the person doesn’t appear or satisfy the court that their appearance, through no fault of their own, was impossible, the court shall order the person’s license suspended. The Secretary of State may not lift this “Failure to Appear” suspension nor may any other permit issued to the person until the satisfaction of the judgment against the person.

Posted on June 19, 2014 by Chris Bonjean
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