City of Highland Park v. Bryan
Illinois Appellate Court
Civil Court
Statutory Summary Suspension
Court properly denied Defendant's petition to rescind his statutory summary suspension (SSS) of his driving privileges. Defendant was thoroughly informed of the impending suspension, the reasons therefor, and its length, in the actual and immediate notice he received. Technical defects in notice didi not warranted rescission of SSS. Officer's certification in sworn report substantially complied on its face with Section 1-109 of Code of Civil Procedure. Officer was not required to serve Defendant with a copy of the sworn report, but only with the notice. (BIRKETT and BURKE, concurring.)
People v. Patel
Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Defendant was charged with 2 counts of DUI, improper lane usage and speeding, and petitioned to rescind the statutory summary suspension (SSS) of his driving privileges. Court should have rescinded SSS because State's delay in tendering to Defendant the discovery he requested denied him a timely and meaningful hearing.(BIRKETT and SCHOSTOK, concurring.)
Senate Bill 2128
Topic:
Illinois Certified Shorthand Reporters Act
(Harmon, D-Oak Park) provides shorthand reporting includes the making of a verbatim record by the use of closed microphone voice dictation silencer and pen shorthand writing. Provides that the Department of Financial and Professional Regulation may certify an applicant who is a certified verbatim reporter or registered professional reporter of another jurisdiction as a certified shorthand reporter. Scheduled for hearing next week in the Senate Licensed Activities Committee.
Kooperman v. The City of Chicago
Illinois Appellate Court
Civil Court
Administrative Review
Plaintiff contested a ticket he received for leaving his car parked on the street when City sought to clean the street. City Department of Administrative Hearings held that because City posted a sign for street cleaning before issuing the ticket, Plaintiff violated the street cleaning ordinance. The ordinance shall be read to require City to post signs far enough in advance of ticketing to give reasonable notice (at least 24 hours) to persons who try to comply with the ordinance, so that those who parked their cars legally on the street get reasonable notice that they must move their cars by a certain hour on a certain day. (MIKVA and GRIFFIN, concurring.)
House Bill 3403
Topic:
Ignition interlock devices
(Villa, D-Batavia) mandates that the Secretary of State require the use of ignition interlock devices for a period not less than five years on all vehicles owned by a person who has been convicted of a first (rather than second or subsequent) offense for driving under the influence. Scheduled for hearing next Wednesday in House Transportation Committee.
House Bill 2200
Topic:
Driver's license suspension
(D'Amico, D-Chicago) provides that any court order rescinding a statutory summary suspension or revocation must contain a factual basis for rescission. If it does not, the Secretary of State shall return the order to the court and shall be prohibited from rescinding the statutory summary suspension until the Secretary receives a court order containing a factual basis for rescission. Scheduled for hearing today in House Transportation Committee.
People v. Scheurich
Illinois Appellate Court
Criminal Court
DUI
Defendant pled guilty to DUI, and was sentenced in absentia to 7 years. Almost a year later, he was arrested on an unrelated offense in Arkansas and was extradited to Illinois. Court dismissed his postconviction petition which alleged ineffective assistance of counsel. Defendant filed notice of appeal, and he then filed a motion to amend mittimus and motion requesting additional sentence credit. Court denied both motions, and Defendant filed notices of appeal. Defendants' motions were untimely requests to modify trial court's sentencing judgment, and thus sought relief beyond the "continuing power" possessed by the trial court. Thus, circuit court's orders denying motions were void, and appellate court is without jurisdiction to consider appeals of those orders.(HOLDER WHITE and DeARMOND, concurring.)
House Bill 2203
Topic:
Jury duty
(Hammond, R-Macomb) requires the circuit courts to develop a policy for allowing prospective jurors who are older than a certain age to be permanently excused from jury duty. Requires that a circuit court, when determining the age at which a prospective juror may be excused based on age, consider the following: the age at which jury duty may become difficult for a significant number of jurors and the jury pool available for that circuit court.
Provides that a prospective juror meeting the age requirement may apply for the exemption based on a self-assessment of his or her physical limitations and mobility issues. Requires that the county board, jury administrator, or jury commissioner to permanently exclude the prospective juror from all current and subsequent jury lists. Scheduled for hearing in House Judiciary Committee today.
Senate Bill 1428
Topic:
Cook County associate judges
(Jones, D-Chicago) provides that the Cook County associate judgeships existing on the effective date are converted into resident judgeships. Requires that the Supreme Court allot the resident judgeships for election from the 15 subcircuits. Referred to the Committee on Assignments.