Commercial Banking, Collections, and Bankruptcy

(Brady, R-Normal) amends the Clerks of Courts Act to allow the circuit court clerk to reasonably rely upon any notice of the party’s change of address received from the United States Postal Service as a true and correct statement of the party’s current residential address. Applies to any notification required by law to be made by the circuit clerk to a party. Just introduced and referred to House Rules Committee.

(Thapedi, D-Chicago) amends Section 1003 of the Code of Civil Procedure to delete subsections (b), (c), (d), and (e) by referencing that the Supreme Court Rules govern these repealed subsections. Introduced and assigned to House Rules Committee.

(McSweeney, R-Cary) provides that a request for review may be filed no later than 60 days after the discovery of an alleged violation of the Act (instead of 60 days after the alleged violation) if facts concerning the violation are not discovered within 60 days after the alleged violation but are discovered at a later date by a person using reasonable diligence. Introduced and assigned to House Rules Committee.

(Barickman, R-Bloomington) provides procedures for the issuance of a subpoena to require deposition testimony or discovery production in this State for litigation pending in a foreign jurisdiction. Provides that Illinois Supreme Court rules and the Section of the Code of Civil Procedure concerning subpoenas apply to subpoenas issued under the new provisions. Introduced and assigned to the Senate Committee on Assignments.

(Mulroe, D-Chicago) repeals the recently enacted increase in juror fees if the county board determines that it cannot pay them. It requires the county board to enact new fees not less than the old law of $4, $5, or $10 a day and mileage. Senate Bill 59 doesn’t repeal the recently enacted change in civil cases from a 12-person jury to a six-person jury. Introduced and assigned to the Senate Committee on Assignments.

(Nekritz, D-Buffalo Grove; Raoul, D-Chicago) makes several changes to Illinois’ eavesdropping law after the Illinois Supreme Court struck down the current statute for being too broad. It re-establishes Illinois’ all-party consent statute for the recording of private conversations. Specifically, it does the following. (1) An eavesdropper is someone who uses an eavesdropping device to secretly record a private conversation without the consent of all parties involved in the conversation. A conversation is considered private if at least one of those involved had a reasonable expectation that the conversation is private. (2) An eavesdropper is anyone who uses a device to secretly record electronic communications without the consent of everyone involved. (3) An eavesdropper is someone who discloses the content of a private conversation or private electronic communication without permission. (4) The penalty for eavesdropping on a law enforcement officer, state’s attorney or judge is reduced from a Class 1 felony to a Class 3 felony. The penalty for eavesdropping on a private citizen remains a Class 4 felony and a Class 3 felony for a subsequent conviction. (5) It expands the number of crimes in which law enforcement doesn’t need to get judicial permission to eavesdrop as long as they have the approval—written or verbal—of the local state’s attorney. State’s attorneys must submit reports annually explaining how often this exemption was used. Effective Dec. 30, 2014.