Traffic/DUI

Senate Bill 3096

Topic: 
Toxicology results

(Scott Bennett, D-Champaign; McAsey, D-Plainfield) creates the Sexual Assault Incident Procedure Act and allows the Illinois State Police to establish administrative rules to standardize requirements for the disclosure of toxicology results and related documents. These administrative rules are designed to provide minimum standard for compliance of toxicology results is not intended to limit the production and discovery of material information. Passed both chambers.

 

House Bill 4603

Topic: 
Counties Code

(Tom Bennett, R-Pontiac; Barickman, R-Bloomington) amends the Counties Code to clarify that “all questions” or “ordinances” also includes any resolutions and motions that arise during meetings. It also allows a county at any properly noticed public meeting to take a single or omnibus vote by unanimous consent on any two or more questions, ordinances, resolutions, or motions. The bill states that this is declarative of existing law. It also requires public defenders in counties under one million population prepare and file monthly or quarterly written reports as determined by the county board. Passed both chambers. 

House Bill 2569

Topic: 
Guilty pleas

(Cabello, R-Loves Park; Link, D-Gurnee) amends the plea statute of the Code of Criminal Procedure to require the court to admonish the defendant of the following possible consequences for a conviction or plea of guilty:

(1) Maximum and mental minimum penalty penalty;

(2) Future convictions may be more severe or make possible consecutive sentences;

(3) Registration requirements that may restrict where the defendant may work, live, or be present; and

(4) Affect the defendant’s ability to retain or obtain housing, employment, a firearm, an occupational license, or a driver’s license.

Passed both chambers. 

Not applicable

Topic: 
Statutory Court Fee Task Force

The Access to Justice Act created the Statutory Court Fee Task Force to study the current system of fees, fines, and other court costs and propose recommendations to the Illinois General Assembly and Illinois Supreme Court. Its report may be found at the URL below. 

People v. Reynolds

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2016 IL App (4th) 150572
Decision Date: 
Friday, June 10, 2016
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Reversed and remanded with directions.
Justice: 
POPE

Officer personally observed the immediate commission of Defendant driving 61 mph in a 35-mph speed zone, a Class B misdemeanor offense. Section 7-4-8 of Municipal Code endows police officers with full authority and power within any municipality in a police district. The arrest statute applies to any jurisdiction in the State, whereas the Municipal Code provisions apply to extend jurisdiction of police officers in a police district, defined as adjoining municipalities in the same county. As officer was justified in stopping Defendant under arrest statute, court erred in granting petition to rescind statutory summary suspension, as officer had jurisdiction to arrest Defendant. (KNECHT and HOLDER WHITE, concurring.)

Senate Bill 2845

Topic: 
Supplementary proceedings

(Silverstein, D-Chicago; Lang, D-Skokie) makes the following changes to supplementary proceedings: (1) Clarifies that a petition to revive a judgment must served and an order entered for a judgment to be revived. (2) Requires the amount of the bond to be posted after an entry of an order of prejudgment attachment against the property of a debtor who may conceal property or flee the state. (3) Makes taxable as court costs of all charges relating to the electronic filing of cases and pleadings. (4) Under current law, a court must vacate a judgment and dismiss the action when a release or full satisfaction for judgment is filed by the prevailing party. This provides that a judge may do so. (5) Eliminates the sheriff’s levy sale of corporate stock as superseded by the Uninform Commercial Code or a citation to discover assets statute. Passed both chambers. 

 

House Bill 5017

Topic: 
Juvenile justice and expungement

(Barbara Wheeler, R-Crystal Lake; Raoul, D-Chicago) allows a person to petition for expungement at any time for an offense occurring before their 18th birthday if no petition for delinquency was filed, the minor was charged with an offense but the petition was dismissed without a finding of delinquency, the minor was found not delinquent, the minor was placed on juvenile court supervision, or was adjudicated for an offense that if committed by an adult would be a Class B or C misdemeanor or petty offense. 

People v. Guillermo

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2016 IL App (1st) 151799
Decision Date: 
Friday, May 20, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
HOFFMAN

Court properly denied Defendant's petition to rescind statutory summary suspension (SSS) of his driving privileges. Rescission hearing must be held within 30 days of filing of petition to rescind SSS, and if delay is attributable to Defendant, by Defendant agreeing to a continuance, the 30-day period of time is temporarily suspended for length of time of such delay. (ROCHFORD and DELORT, concurring.)

People v. Swanson

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2016 IL App (2d) 150340
Decision Date: 
Monday, May 9, 2016
District: 
2d Dist.
Division/County: 
DeKalb Co.
Holding: 
Affirmed.
Justice: 
SPENCE

Court properly granted Defendant's motion to suppress evidence and his petition to rescind his statutory summary suspension.  Warrantless entry into Defendant's home, which was justified by neither consent nor the need for emergency aid, violated 4th Amendment. Defendants' wife did not consent to officers' entry into their home, as she told officers repeatedly that she and Defendant did not need help, that the officers did not need to be there, and that they could leave; wife did not, indirectly or impliedly, invite officers in, upon cracking door open slightly to speak with them. Without evidence unlawfully gathered in Defendant's home, the only evidence of probable cause to believe that Defendant had driven under the influence was that he had been in accident and there was an open beer can in his vehicle, which was not sufficient to support finding of probable cause to arrest for DUI. (HUTCHINSON and HUDSON, concurring.)

People v. Meuris

Illinois Appellate Court
Criminal Court
Double Jeopardy
Citation
Case Number: 
2016 IL App (2d) 140194
Decision Date: 
Wednesday, March 30, 2016
District: 
2d Dist.
Division/County: 
Boone Co.
Holding: 
Reversed and remanded.
Justice: 
BURKE

Defendant was convicted of failure to stop after an accident involving personal injury or death. Defendant, who was driving a semi, admitted that he fell asleep and traveled off roadway, but stated that he thought he hit a road sign or mile marker. Defendant had struck a person standing next to driver's side of pickup truck stopped on shoulder, who died from injuries. The charge required the State to prove that Defendant knew that he was in an accident with another person. No double jeopardy impediment to new trial, as Defendant does not argue that evidence was insufficient.(SCHOSTOK and HUDSON, concurring.)