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ISBA Statehouse Review for the week of August 13, 2014

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Traffic offenses and appearance (Public Act 98-870), Witness fees in some juvenile cases (Public Act 98-826), Freedom from Drone Surveillance Act (Public Act 98-831) and Condominium Property Act (Public Act 98-735. More information on the bill is available below the video.

Traffic offenses and appearance. Public Act 98-870 (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 be issued to the person until the SOS is notified by the court that the person has appeared and resolved the violation.

Effective January 1, 2015.

Witness fees in some juvenile cases. Public Act 98-826 (Sims, D-Chicago; Raoul, D-Chicago) provides that witness fees in actions under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987 to be paid in the same manner as witness fees paid in criminal cases. Requires a witness seeking reimbursement to file an affidavit stating, among other things, that the attendance of the witness was at the instance of the State's Attorney or attorney of any other party to the action. Effective August 1, 2014.

Freedom from Drone Surveillance Act. Public Act 98-831 (Biss, D-Skokie; Williams, D-Chicago) exempts from the Act use by a law enforcement agency during a disaster or public health emergency. It also prohibits a law enforcement agency from acquiring information from or direct the acquisition of information through the use of a drone owned by a private third party. This prohibition is subject to the current exemptions under the Act, such as for terrorism and other situations requiring immediate action. Nothing in this Act prohibits private third parties from voluntarily submitting information acquired by a privately owned drone to law enforcement. Effective January 1, 2015.

Condominium Property Act. Public Act 98-735 (Smith, D-Chicago; Steans, D-Chicago) allows a governing board to adopt and amend rules and regulations (l) authorizing electronic delivery of notices and other communications required or contemplated by the Act to each unit owner who provides the association with written authorization for electronic delivery and an electronic address to which such communications are to be electronically transmitted; and (2) authorizing each unit owner to designate an electronic address or a U.S. Postal Service address, or both, as the unit owner’s address on any list of members or unit owners that an association is required to provide upon request. Effective January 1, 2015.

Posted on August 14, 2014 by Chris Bonjean
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