Traffic/DUI

(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.

(Stewart, R-Freeport; Curran, R-Woodridge) requires a person operating a motor vehicle in Illinois but registered in another state to be covered by a liability insurance policy. The operator of the vehicle must carry in the vehicle evidence of the insurance. Effective January 1, 2019.

(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. 

(Harris, D-Harvey; Davis, D-East Hazel Crest) extends from one year to two years in which a restricted driving permit is effective. The fee for the permit will continue to be imposed annually. Effective Jan. 1, 2019.

(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. 

(Ford, D-Chicago; Lightford, D-Chicago) reduces the first violation for driving without a license because of suspension for a non-driving offense (failure to pay child support, parking violations). First offense will now be a petty offense. Passed both chambers. 

(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. Passed both chambers. 

(Clayborne, D- East St. Louis; Gordon-Booth, D-Peoria) amends the Adult Redeploy Illinois program to include those convicted of a probation-eligible offense rather than a non-violent offender. Passed both chambers. 

(Andrade, D-Chicago; John Cullerton, D-Chicago) amends the Illinois Vehicle Code to provide that knowledge that a vehicle or essential part is stolen or converted may be inferred: (1) from the surrounding facts and circumstances, which would lead a reasonable person to believe that the vehicle or essential part is stolen or converted; or (2) if the person exercises exclusive unexplained possession over the stolen or converted vehicle or essential part, regardless of whether the date on which the vehicle or essential part was stolen is recent or remote. Amends the Juvenile Court Act of 1987 to provide that for a minor arrested or taken into custody for vehicular hijacking or aggravated vehicular hijacking, a previous finding of delinquency for vehicular hijacking or aggravated vehicular hijacking be given greater weight in determining whether secured custody of a minor is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another. Passed by chambers. 

(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, which are divided by the kind of offense or case. 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. House Bill 4594 would also provide a sliding-scale waiver for some civil litigants and criminal defendants depending on their income relative to the federal poverty level. House Bill 544 (Mulroe, D-Chicago; Andersson, R-Geneva) is a trailer bill to resolve technical concerns. Both bills passed both chambers.