Traffic/DUI

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
Citation
Case Number: 
2019 IL App (4th) 160441
Decision Date: 
Tuesday, March 5, 2019
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed.
Justice: 
HARRIS

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. 

House Bill 2268

Topic: 
Cook County judges

(Martwick, D-Chicago) amends the Circuit Courts Act to provide that in 2021 the General Assembly must redraw the boundaries of the subcircuits of the Circuit of Cook County to reflect the results of the 2020 federal decennial census. A resident judgeship assigned to a subcircuit will 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 must be filled by a resident of the redrawn subcircuit. Assigned to House Executive Committee. 

People v. Relwani

Illinois Supreme Court
Criminal Court
DUI
Citation
Case Number: 
2019 IL 123385
Decision Date: 
Friday, January 25, 2019
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Appellate court affirmed.
Justice: 
KILBRIDE

Defendant was charged with DUI, and his driver's license was summarily suspended under Illinois's implied consent statute. Court properly entered directing finding for the State, after Defendant rested his case at hearing on petition to rescind statutory summary suspension (SSS). Defendant was required to, but did not, offer some affirmative evidence that the parking lot where he was arrested for DUI was not a public highway within the definition in the Illinois Vehicle Code to make his prima facie case to avoid a directed finding for the State. (KARMEIER, THOMAS, GARMAN, BURKE, THEIS, and NEVILLE, concurring.)

Senate Bill 63

Topic: 
Justice for Juveniles Program

(Van Pelt, D-Chicago) provides that the chief judge of each judicial circuit may establish a Justice for Juveniles Program. It would require that juveniles arrested or detained for eligible offenses be represented by legal counsel throughout the entire custodial interrogation of the juvenile. If the chief judge does establish such a program, any oral, written, or sign language statement of a juvenile made without the presence of legal counsel during a custodial interrogation on or after the effective date of the Program shall be inadmissible as evidence against the juvenile in a juvenile or criminal proceeding. Defines “eligible offense” and “juvenile.” Senate Bill 63 was just introduced.

House Bill 5894

Topic: 
Criminal law

(Wheeler, R-Crystal Lake) makes the sentence for attempt to commit a Class A misdemeanor the sentence for a Class B misdemeanor, the sentence for attempt to commit a Class B misdemeanor the sentence for a Class C misdemeanor, and the sentence for attempt to commit a Class C misdemeanor the sentence for a Class C misdemeanor. Scheduled for hearing November 27th in House Criminal Law.