Commercial Banking, Collections, and Bankruptcy

(McDermed, R-Mokena) creates a process similar to the Mental Health and Developmental Disability Act that a party or attorney and the court must follow before serving or issuing a subpoena for records maintained by that Illinois Tollway Authority that may contain personally identifying information of tollway users.

It prohibits a party or attorney from serving a subpoena unless it is accompanied by a written court order or written consent of the tollway user whose records are being sought. It prohibits the court from issuing such an order unless the tollway user has written notice of the request for subpoena and an opportunity to be heard.

Any subpoena must contain the language that “The Authority shall not comply a subpoena for personally identifiable information unless the subpoena is accompanied by a written order that authorizes the issuance of the subpoena and the disclosure of records or communications or by the written consent of the person whose records are being sought.” 

House Bill 4006 has been assigned to House Judiciary Committee. 

(Hastings, D-Frankfort) provides that an indigent person may retain counsel of his or her choosing to represent the indigent person, with leave of the court, and that counsel shall perform his or her duties without fees, charges, or reward. Scheduled for hearing March 3, 2020 in Senate Judiciary Committee. 
 

(Koehler, D-Peoria) amends the Conveyances Act to provide that if the Act requires information to be in writing or delivered in writing, or provides for consequences if it is not, an electronic record or electronic delivery satisfies that requirement. If the Act requires a deed, instrument, record, or other document or information to be executed, signed, or subscribed to in writing, an electronic signature or digital signature satisfies that requirement. Assigned to the Committee on Assignments.

(Crowe, D-Wood River) amends the Criminal Code of 2012 concerning the offense of financial exploitation of an elderly person or a person with a disability. Expands the scope of "person who stands in a position of trust and confidence" to include a friend or acquaintance of the elderly person or person with a disability who is in a position of trust. Assigned to the Committee on Assignments. 
 

(Barickman, R-Bloomington) amends the Ejectment Article of the Code of Civil Procedure. It provides that a plaintiff is entitled to recover either the profits received by the defendant or lost by the plaintiff. The jury of an ejectment action may assess damages in the amount of mesne profits lost by the plaintiff (in addition to those received by the defendant) since the defendant entered into possession of the premises. Assigned to Senate Judiciary Committee. 

(Villivalam, D-Chicago) expands the definition of "mandated reporter" to include a person who performs the duties of a banker, broker, investor, investment advisor, attorney, financial consultant or financial advisor, broker-dealer, or administrator, regulator, or supervisor of any of the foregoing. Just introduced. 

(Villivalam, D-Chicago) Amends the Medical Assistance Article of the Illinois Public Aid Code. It provides that a person who uses Medicaid spend-down to qualify for medical assistance may not be eligible for medical assistance if the person does not meet his or her monthly spend-down for six consecutive months. Just introduced. 

(Williams, D-Chicago) makes it a Class B misdemeanor for an attorney or person acting on his or her behalf to make a false or deceptive statement concerning the existence of a settlement fund to a resident of the State or regarding a legal matter pending now or in the future before a court if such a statement was made to induce a person to enter into a contract of employment for representation. If a contract of employment with an attorney was obtained before the effective date of the Act, the legal matter has not been resolved, and the contract was entered into in violation of the Act, the attorney must do the following: inform the client that the attorney had previously made a false or deceptive statement regarding the existence of a settlement fund or payments to a resident of the State or regarding a legal matter pending now or in the future before a court in the State; and obtain the written consent of the client to allow the attorney to continue to represent the client in the pending legal matter. Just introduced.