Traffic/DUI

Public Act 101-27

Topic: 
Cannabis Regulation and Tax Act

(Cassidy, D-Chicago; Steans, D-Chicago) decriminalizes possession of small amounts of cannabis and replaces it with a tax and regulation system. A resident of Illinois (21 or older) may purchase cannabis products and possess 30 grams of cannabis flower, no more than 500 mg of THC in cannabis-infused product, and five grams of cannabis concentrate. It creates an automatic expungement through the governor’s clemency process for convictions up to 30 grams. For amounts of 30-500 grams, the state’s attorney or the individual can petition the court to vacate the conviction. Makes other changes. Effective January 1, 2020. A more comprehensive summary may be found at the Marijuana Policy Project here. 

Public Act 100-858

Topic: 
Driving and electronic communication devices

(D'Amico, D-Chicago; Castro, D-Elgin) makes it a moving violation for using an electronic communication device while operating a motor vehicle. A driver must be fined a maximum of $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense. Effective July 1, 2019.

People v. Castino

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2019 IL App (2d) 170298
Decision Date: 
Friday, June 14, 2019
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Defendant was convicted, after bench trial, of DUI for driving with heroin in his breath, blood, or urine. There was ample circumstantial evidence to support conviction; he showed signs of recent drug use in that he had fresh track marks on his arms and swollen arms and hands. His eyes were red and his pupils were constricted, and he had white powder and blood in his nose. The passenger threw out drug paraphernalia and had drugs on her person. Defendant admitted that he used heroin, including that he had done so earlier that morning, and drove abnormally slow and drifted between lanes, and had difficulty with some of the field sobriety tests. (BIRKETT and HUTCHINSON, concurring.) 

House Bill 1438

Topic: 
The Cannabis Regulation and Tax Act

(Cassidy, D-Chicago; Steans, D-Chicago) decriminalizes possession of small amounts of cannabis and replaces it with a tax and regulation system. A resident of Illinois (21 or older) may purchase cannabis products and possess 30 grams of cannabis flower, no more than 500 mg of THC in cannabis-infused product, and five grams of cannabis concentrate. It creates an automatic expungement through the governor’s clemency process for convictions up to 30 grams. For amounts of 30-500 grams, the state’s attorney or the individual can petition the court to vacate the conviction. Makes other changes. Passed both chambers. If signed into law, it takes effect on January 1, 2020. A more comprehensive summary may be found at the Marijuana Policy Project here. 

Senate Bill 1473

Topic: 
Driver's license and child support

(Hunter, D-Chicago; Ford, D-Chicago) gives the Department of Healthcare and Family Services more flexibility on if and how it will collect interest on IV-D cases to give appropriate relief for obligors in the right cases. The revisions to the Illinois Vehicle Code would eliminate the existing provision that does not allow the courts or HFS to work with an obligor if their license is suspended more than once for non-payment of child support. Passed both chambers. Effective upon the Governor's signature.

Senate Bill 2128

Topic: 
Legal transcription

(Harmon, D-Oak Park; Zalewski, D-Chicago) creates a licensed activity of the “practice of voice writer reporting.” This means reporting by the use of a system of repeating words of the speaker into a closed-microphone voice-dictation silencer that is capable of digital translation into text. It could be used for grand jury proceedings, court proceedings, court-related proceedings, pretrial examinations, depositions, motions, and related proceedings of like character. Passed both chambers. 

House Bill 2625

Topic: 
Judicial subcircuits

(Arroyo, D-Chicago; Martinez, D-Chicago) requires the General Assembly to redraw the subcircuit boundaries after every federal decennial census. The subcircuits shall be compact, contiguous, and substantially equal in population. Applies to Cook County and the 12th, 16th, 17th, 19th, and 22nd districts. In accordance with existing law, a resident judgeship assigned to a subcircuit shall continue to be assigned to that subcircuit. Any vacancy in a resident judgeship existing on or occurring after the effective date of a law redrawing the boundaries of the subcircuits shall be filled by a resident of the redrawn subcircuit.

Effective January 1, 2020.

City of Highland Park v. Bryan

Illinois Appellate Court
Civil Court
Statutory Summary Suspension
Citation
Case Number: 
2019 IL App (2d) 180662
Decision Date: 
Friday, May 31, 2019
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
ZENOFF

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
Citation
Case Number: 
2019 IL App (2d) 170766
Decision Date: 
Friday, March 15, 2019
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Reversed.
Justice: 
ZENOFF

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.