(McAuliffe, R-Chicago; Morrison, D-Deerfield) authorizes the Illinois Supreme Court to adopt rules to establish a pilot program for electronic filing of petitions for temporary orders of protection and the issuance of those orders by audio-visual means. Its intent is to accommodate litigants for whom attendance in court would be an undue hardship or risk harm to them. Passed both chambers.
(Stadelman, D-Rockford; Wallace, D-Rockford) increases the threshold amount for damage to property that is used to enhance a misdemeanor to a felony or to enhance it to a higher class of felony. Currently, it must exceed $300; this bill requires that it must exceed $500. Passed both chambers.
(Raoul, D-Chicago; Nekritz, D-Buffalo Grove) makes numerous changes to juvenile justice law and post-conviction procedures (“aftercare release”). Among those changes, it prohibits minors from being admitted to the Department of juvenile Justice unless they are found guilty of a felony or first-degree murder. Exempts from felony incarceration the following crimes: criminal trespass to a residence, criminal damage or defacement to property, disorderly conduct, or obstructing justice. Creates 28 mandatory conditions of aftercare release and numerous discretionary conditions that may be imposed. Passed both chambers.
(McAuliffe, R-Chicago; Morrison, D-Deerfield) authorizes the Illinois Supreme Court to adopt rules to establish a pilot program for electronic filing of petitions for temporary orders of protection and the issuance of those orders by audio-visual means. Its intent is to accommodate litigants for whom attendance in court would be an undue hardship or risk harm to them. Passed both chambers.
(Cabello, R-Loves Park; Link, D-Gurnee) amends the plea statute of the Code of Criminal Procedure to require the court to admonish the defendant of the following possible consequences for a conviction or plea of guilty:
(1) Maximum and mental minimum penalty penalty;
(2) Future convictions may be more severe or make possible consecutive sentences;
(3) Registration requirements that may restrict where the defendant may work, live, or be present; and
(4) Affect the defendant’s ability to retain or obtain housing, employment, a firearm, an occupational license, or a driver’s license.
Passed both chambers.
The Access to Justice Act created the Statutory Court Fee Task Force to study the current system of fees, fines, and other court costs and propose recommendations to the Illinois General Assembly and Illinois Supreme Court. Its report may be found at the URL below.
Court found Respondent mother to be an unfit parent of her minor child, and terminated her parental rights under Section 1(D)(m)(iii) of Adoption Act,, and found that mother failed to make reasonable progress toward return home of her child within relevant 9-month period. Evidence shows mother failed to comply with services or address issues related to reasons why minor was removed from her care, and mother continued to use marijuana frequently. Mother’s counseling records were properly admitted per Section 2-18(4)(a) of Juvenile Court Act. Court properly allowed foster mother to give statement as to minor’s well-being at best interests hearing, as Adoption Act is to be construed in accordance with Juvenile Court Act, which allows for such statements. (CARTER and McDADE, concurring.)
Juvenile Court Act requires court to hear and consider evidence concerning services available to minors committed to Department of Juvenile Justice (DOJJ) and the minor's particular needs before committing a minor to DOJJ. A rational trier of fact could find that, when minor (then age 17) said, "you remember me" while pulling out a gun, the person who was bicycling by 2 young men who were arguing, reasonably feared that the minor would shoot him. Thus, conviction for aggravated assault is affirmed. Conviction for aggravated unlawful use of a weapon (AUUW) is affirmed, but conviction for unlawful possession of a firearm (UPF) is vacated, under one-act, one-crime rule. (PIERCE and HYMAN, concurring.)
(Nekritz, D-Buffalo Grove; Raoul, D-Chicago) prohibits a minor from being incarcerated for a Class 3 or 4 felony violation of the Illinois Controlled Substances Act. It makes an exception for a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming. Limits the current five-year mandatory probation to minors found guilty of first-degree murder, and probation terms for Class X and forcible felonies are reduced to a minimum of three years, two years, or 18 months depending on the offense. Passed both chambers.
(Welch, D-Westchester; Connelly, R-Lisle) creates the Revised Uniform Fiduciary Access to Digital Assets Act (2015). This is a big bill for transactional and estate-planning lawyers, and it has an immediate effective date so that it becomes law if and when the Governor signs it. House Bill 4648 provides procedures and requirements for the access and control by guardians, executors, agents, and other fiduciaries of the digital assets of persons who are deceased, under a legal disability, or subject to the terms of a trust. Passed both chambers