Child Law

(Steans, D-Chicago; Currie, D-Chicago) makes the following changes Illinois Department of Human Rights practices and Procedures: (1) Expands the time to file charges of discrimination from 180 to 300 days. (2) Allows complainants to opt-out of the IDHR investigation and commence an action in court. The 60-day opt-out period begins after a charge is filed with the DHR. (3) Adds time limits for the IDHR to issue a notice of dismissal after a complainant notifies the IDHR of the EEOC’s right-to-sue. (4) Allows IDHR to dismiss charges if an action in court or another administrative agency would preclude claims in the IDHR charge. (5) Requires the IDHR give notice of the dismissal to complainants and allows them to challenge the IDHR dismissal in the Human Rights Commission.

It makes the following changes to the Human Rights Commission changes to the HRC Practices and Procedures: (1) Requires commissioners to be an attorney or have at least four years of professional experience working for individuals or corporations affected by the HRA or similar laws. (2) Creates time limits for administrative law judges and the HRC to issue and publish decisions. Passed both chambers. 

(Sims, D-Chicago; Connor, D-Romeoville) authorizes the state’s attorney to file a petition for a domestic violence order of protection on behalf of any minor child or dependent adult in the care of the named victim, if the named victim does not file a petition or request the State's Attorney file the petition. Provides that the respondent may rebut prima facie evidence of the offense by presenting evidence of a meritorious defense. Provides that the respondent shall file a written notice alleging a meritorious defense, which shall be verified and supported by affidavit. Provides that if the court finds that the evidence presented at the hearing establishes a meritorious defense by a preponderance of the evidence, the court may decide not to issue a protective order. Passed both chambers. 

(Andrade, D-Chicago; John Cullerton, D-Chicago) amends the Illinois Vehicle Code to provide that knowledge that a vehicle or essential part is stolen or converted may be inferred: (1) from the surrounding facts and circumstances, which would lead a reasonable person to believe that the vehicle or essential part is stolen or converted; or (2) if the person exercises exclusive unexplained possession over the stolen or converted vehicle or essential part, regardless of whether the date on which the vehicle or essential part was stolen is recent or remote. Amends the Juvenile Court Act of 1987 to provide that for a minor arrested or taken into custody for vehicular hijacking or aggravated vehicular hijacking, a previous finding of delinquency for vehicular hijacking or aggravated vehicular hijacking be given greater weight in determining whether secured custody of a minor is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another. Passed by chambers. 

(Andersson, R-Geneva; Mulroe, D-Chicago) creates the Criminal and Traffic Assessment Act. The Act would standardize court-filing fees and fines into 13 schedules of potential assessments for criminal and traffic offenses, and four schedules for civil court cases, which are divided by the kind of offense or case. The Act also caps the maximum amount of money that can be assessed under each schedule and for various services or filings within the court process. The money collected under these assessment schedules would then be distributed at the state, county, and local levels for officials to decide how to best allocate their portion for maintaining the courts. House Bill 4594 would also provide a sliding-scale waiver for some civil litigants and criminal defendants depending on their income relative to the federal poverty level. House Bill 544 (Mulroe, D-Chicago; Andersson, R-Geneva) is a trailer bill to resolve technical concerns. Both bills passed both chambers. 

(Morrison, D-Deerfield; Lilly, D-Chicago) raises the age from 18 to 21 who may buy tobacco products, electronic cigarettes, and alternative nicotine products. Eliminates the penalty for possession of a cigar, cigarette, smokeless tobacco, or tobacco in any of its forms by persons under 18 years of age. Passed both chambers. 

(Harmon, D-Oak Park; Cassidy, D-Chicago) requires the Department of Public Health to establish the Opioid Alternative Pilot Program under which an individual diagnosed with and undergoing treatment for a medical condition for which an opioid has been or could be prescribed may receive medical cannabis under specified conditions. Passed both chambers. 

(Scott Bennett, D-Champaign; Kelly Burke, D-Oak Lawn) and House Bill 4754 (Bennett, D-Champaign; Breen, R-Lombard) provide that on the death of a designated beneficiary, proceeds from an ABLE account may be transferred to the estate of a designated beneficiary, or to an account for another eligible individual specified by the designated beneficiary, or the estate of the designated beneficiary. Amends the Trusts and Trustees Act to provide that the court or a person with a disability may irrevocably assign resources of that person to either or both of: (1) an ABLE account; or (2) a discretionary trust that complies with the Medicaid reimbursement requirements of federal law. Provides that a court may reserve the right to determine the amount, duration, or enforcement of the irrevocable assignment. Passed both chambers. 

(Tracy, R-Quincy; Keith Wheeler, R-North Aurora) creates authorization for and requirements to follow using email as a method of service under this Act. Passed both chambers. 

(Connelly, R-Naperville; Batinick, R-Plainfield) permits a petition for non-parent visitation in parentage to be established by court order or a VAP. (The latter is omitted from the current statute.) Senate Bill 2498 also provides that if the petitioner is a grandparent or great-grandparent, the parent-child relationship need be legally established only with respect to the parent who is related to the grandparent or great-grandparent. Provides that if the petitioner is a step-parent, the parent-child relationship need be legally established only with respect to the parent who is married to the petitioner or was married to the petitioner immediately before the parent's death. Passed both chambers.