Section Activities Summary

ISBA Central Discussions

Legislation

The Section Council reviewed 69 bills that may affect their members’ practice area. Highlights of the most recent legislative session include:

• House Bill 4540 amends the Replevin Article of the Code of Civil Procedure. Makes "companion animals" subject to the Replevin Article. Defines a "companion animal" to mean an animal that is commonly considered to be, or is considered by the owner to be, a pet and provides that a "companion animal" includes, but is not limited to, canines, felines, and equines. Provides that if a companion animal is the subject of an action of replevin, at the initiation and pendency of a dispute, a court, exercising discretion set forth in the new provisions, may issue temporary possession or caregiving orders, including limited visitation, if necessary to reduce stress or disruption to the companion animal.
• Senate Bill 3020 amends the Code of Criminal Procedure and the Illinois Domestic Violence Act. The bill expands “harassment” to include conduct such as electronic tracking, electronic contact, repeated telephone calls, repeated surveillance, doxing, and the nonconsensual creation or dissemination of digitally altered or sexual images and creates a rebuttable presumption that these actions cause emotional distress. It authorizes courts to issue or extend orders of protection to prohibit such conduct, require the removal or deletion of harmful content or tracking devices, and compel proof of compliance. The bill also clarifies that victims cannot be denied protective orders solely because a respondent is incarcerated and adjusts procedures for extending existing orders.
• Senate Bill 3524 amends the Illinois Marriage and Dissolution of Marriage Act to revise how child support is calculated in shared parenting situations. It expands eligibility for “shared physical care” calculations by lowering the threshold to 110 overnights per year (or equivalent time) and allows courts to count substantial daytime care as “overnight equivalents” in certain cases. Under the bill, shared-care support is calculated using a modified formula that increases the total support obligation (multiplied by 1.5), divides it proportionally based on each parent’s income, adjusts it according to parenting time, and then offsets the two amounts so the higher-obligation parent pays the difference. The bill also creates a statutory table for cases with slightly less shared time, caps support so it does not exceed standard guideline amounts, and adds presumptions that individuals incarcerated for more than 180 days cannot pay support (unless proven otherwise) and that low-income parents at or below federal poverty guidelines should pay a minimum of $40 per month per child.