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ISBA Statehouse Review for January 10, 2019

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers presumption of equal parenting time, bill of particulars, bail reform change, concealed carry for judges and prosecutors, grand jury proceedings, and condos and common interest community associations.  

Presumption of equal parenting time. House Bill 185 (Ford, D-Chicago) amends the Illinois Marriage and Dissolution of Marriage Act to mandate a rebuttable presumption in favor of equal parenting time in every case. The only exception is if the parents present an agreed written parenting plan, and that plan is approved by the court. If the court deviates from this presumption, it requires the court to issue a written decision stating its specific findings of fact and conclusions of law in support of its ruling. It deletes language providing that nothing in the Act requires that each parent be allocated decision-making responsibilities. House Bill 185 was just introduced.

Bill of particulars. House Bill 39 (Thapedi, D-Chicago) amends the Code of Civil Procedure to provide that if the pleader does not file and serve a bill of particulars within 28 days of the demand, or if the bill of particulars delivered is insufficient, the court may, among other things, award attorney’s fees and costs. Provides a 28-day deadline for moving that a demand for a bill of particulars be denied or modified. House Bill 39 was just introduced.

Bail reform change. House Bill 221 (Reick, R-Woodstock) amends the Code of Criminal Procedure of 1963 to provide that a county with a population of less than three million does not have to comply with the changes made by Public Act 100-1 (the Bail Reform Act of 2017) if the county board adopts a resolution for that purpose. House Bill 221 was just introduced.

Concealed carry for judges and prosecutors. House Bill 248 (McDermed, R-Frankfort) amends the Firearm Concealed Carry Act to permit certain judicial officers to carry a concealed firearm in areas in which it is currently prohibited. The prohibited areas include any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government; any building designated for matters before a circuit court, appellate court, or the Illinois Supreme Court; any building or portion of a building under the control of the supreme court; and any building or portion of a building under the control of a unit of local government. The judicial officers who would be covered includes judges (with the consent of the chief judge of the circuit) and assistant attorney generals and assistant state’s attorneys (with the consent of the attorney general and state’s attorney). House Bill 248 was just introduced.

Grand jury proceedings. House Bill 172 (Lilly, D-Chicago) amends the Code of Criminal Procedure of 1963 to provide that grand jury proceedings involving the investigation of the excessive use of force by a peace officer and the discharge of a firearm by a peace officer that result in death or any bodily harm are open to the public. House Bill 172 was just introduced.

Condos and common interest community associations. House Bill 29 (Thapedi, D-Chicago) amends the Common Interest Community Association Act to limit the concurrent exercise by units of local government of powers and functions exercised by the state with respect to amendments to the community instruments and accounting practices.

It also amends the Condominium Property Act to limit the concurrent exercise by units of local government of powers and functions exercised by the state with respect to an association’s budgeting practices, sale of property, notice requirements, contracts with board members, voting procedures, property-improvement procedures, accounting practices, collection and sharing of records, amendment to the condominium instruments, and subdivision or combination of units.

Both parts of the bill specifically reference Public Act 100-292. House Bill 29 was just introduced.

Posted on January 10, 2019 by Rhys Saunders
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