Traffic/DUI

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.

Public Act 100-952

Topic: 
Illinois Power of Attorney Act

(Spain, R-Peoria; Oberweis, R-North Aurora) provides that if the agent fails to provide a record of all receipts, disbursements, and significant actions taken under the authority of the agency within 21 days after a request by specified persons, a representative of the Office of the State Long Term Care Ombudsman may petition the court for an order requiring the agent to produce those records. If the court finds that the agent’s failure to provide those records in a timely manner was without good cause, the court may assess reasonable costs and attorney’s fees against the agent and order other relief as is appropriate. Effective January 1, 2019.

Public Act 100-776

Topic: 
Expungement and financial obligations

(Gordon-Booth, D-Peoria; Harmon, D-Oak Park) prohibits a court from denying a sealing or expungement petition because the petitioner has not satisfied an outstanding legal financial obligation established by a court; law enforcement agency; or state, county, or other unit of local government. It exempts an obligation that is court-ordered restitution unless the restitution has been converted to a civil judgment. Effective August 10, 2018. 

Senate Bill 1830

Topic: 
Informant testimony

(Hastings, D-Frankfort; Turner, D-Chicago) expands the informant testimony procedure from capital cases to several violent felonies. Requires 30-day notice with an exception for good cause because the prosecution wasn't and couldn't have been aware of the testimony. Makes other conforming changes to the statute. Passed both chambers.