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ISBA Statehouse Review for the week of February 18, 2016

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers New crime for exploitation against the elderly (House Bill 6079), Supplementary proceedings in collections (Senate Bill 2845), Trusts and Trustees Act (Senate Bill 2842), Rewrite of Trust Code (House Bill 6312) and Juvenile Court of 1987 (House Bill 6300). More information on each bill is available below the video.

New crime for exploitation against the elderly. House Bill 6079 (Demmer, R-Dixon) essentially provides that if a person (family member, guardian of estate) fails to pay the nursing home, they have committed criminal financial exploitation. Legal authority to handle the expenses of the senior citizen or disabled person is not required. The person is criminally responsible even if they “handle” or “have access to” the funds of an elderly person or person with a disability. This crime can be established by evidence that the nursing home sent a default notice. Just introduced and referred to House Rules Committee.

Supplementary proceedings in collections. Senate Bill 2845 (Silverstein, D-Chicago) provides that a judgment may be revived by filing a petition to revive the judgment, serving the petition, and entering an order for revival (instead of “by filing a petition to revive the judgment”) at specified times. Provides that “after” (instead of “before”) the entry of an order for attachment, the court shall take bond that meets specified requirements. Deletes language that the court shall vacate the judgment and dismiss the action upon the filing of a release or satisfaction in full satisfaction of judgment and signed by the party in whose favor the judgment was entered or his or her attorney. Repeals sections concerning levy upon corporate stock; mode of levy on corporate stock; mode of sale of corporate stock; certificate of corporate officer; rights of stock purchaser; and right to dividends. Just introduced and referred to the Senate Committee on Assignments.

Trusts and Trustees Act. Senate Bill 2842 (Silverstein, D-Chicago) provides that the transfer of property to a trust requires a transfer of legal title to the trustee evidenced by a written instrument of conveyance and acceptance by the trustee. Provides that for any interest in real property to become trust property in a trust of which any transferor is a trustee, the instrument of conveyance shall additionally be recorded in the appropriate real property records. Just introduced and referred to the Senate Committee on Assignments.

Rewrite of Trust Code. House Bill 6312 (Williams, D-Chicago) is a huge rewrite of the Illinois Trust Code. Just introduced and referred to House Rules Committee.

Juvenile Court of 1987. House Bill 6300 (Sims, D-Chicago) provides that a minor who was under 18 at the time of the commission of any offense must be represented by counsel throughout the entire custodial interrogation. An oral, written, or sign language statement of a minor made without counsel present throughout the entire custodial interrogation shall be inadmissible against the minor as evidence in any juvenile court proceeding. Just introduced and referred to House Rules Committee.

Posted on February 18, 2016 by Chris Bonjean
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