Traffic/DUI

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. 

People v. Gocmen

Illinois Supreme Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2018 IL 122388
Decision Date: 
Thursday, September 20, 2018
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Appellate court reversed; circuit court court reversed; remanded.
Justice: 
GARMAN

Defendant, who was arrested for DUI/drugs, refused to submit to chemical testing, and his license was summarily suspended. Court granted his petition to rescind suspension which challenged reasonableness of officer's belief that he was under the influence of drugs.Totality of circumstances supports officer's conclusion that Defendant had been driving under influence of drugs. He was semiconscious, showed signs of recent intravenous injection, possessed a used syringe, and the only injectable substance present was an opiate. Expert testimony is not required in every case for an officer to testify to his or her opinion that a motorist was under influence of drugs based on inference from totality of circumstances. (KARMEIER, THOMAS, KILBRIDE, BURKE, THEIS, and NEVILLE, concurring.)

Public Act 100-987

Topic: 
Court fees and fines

(Andersson, R-Geneva; Mulroe, D-Chicago) creates the Criminal and Traffic Assessment Act. The Act would standardize court-filing fees and fines into 13 schedules of potential assessments for criminal and traffic offenses and four schedules for civil court cases. The Act also caps the maximum amount of money that can be assessed under each schedule and for various services or filings within the court process. The money collected under these assessment schedules would then be distributed at the state, county, and local levels for officials to decide how to best allocate their portion for maintaining the courts. It would also provide a sliding-scale waiver for some civil litigants and criminal defendants depending on their income relative to the federal poverty level. It has an immediate effective date for part of it and a delayed effective date for most of it.