The Journal of The DuPage County Bar Association

Back Issues > Vol. 29 (2016-17)

New Laws Effective January 1, 2017
By Raleigh Kalbfleisch

Despite no budget, Illinois legislators passed more than two hundred new laws that took effect on January 1, 2017. Below are brief synopses of new laws and changes to old ones. Please note that the list does not contain all of the new laws and they are in no particular number order but are sorted by category. In addition, the only change expanded upon was the change to REAL ID which affects everyone.

Criminal Laws

HB 2569 – Provides that if the defendant pleads guilty, the plea shall not be accepted until the court explains maximum and minimum penalty provided by law, any possible increased sentence for prior conviction or future conviction and any possibility of consecutive sentences, any registration requirement that accompanies the plea and the restrictions associated with the registration, and the consequences of the plea on a defendant’s ability to apply for housing/obtain a job/obtain a driver’s license/possess a firearm.

HB 5771 – Certain mandatory natural life sentencing provisions for criminal sexual assault, aggravated criminal sexual assault, and predatory criminal sexual assault of a child apply only to a person who has attained the age of 18 years at the time of the commission of the offense.

HB 6328 – Allows people with past convictions to petition for the expungement of arrest records and charges that didn’t result in conviction.

SB 2370 – Requires minors under the age of 15 charged with murder or sexual assault must be represented by counsel throughout interrogation.

HB 6331 – Provides that the State Police shall notify local law enforcement agencies that have jurisdiction of a revocation of a FOID card due to an existing order of protection.

SB 2875 – A court may grant law enforcement’s request for location surveillance information through testimony made through electronic means between requestor and judge if there is clear and present danger from imminent use of force, kidnapping, or occupation of any premises or hijacking of a vehicle. Police may seek location info in case of an escapee.

HB 5017 – Allows people with juvenile records to petition for their expungement at any time and requires the court to grant the request automatically if the person was never charged, if the charges were dismissed, if the person was found not delinquent, if the person was given supervision and completed it successfully or if the offense (if committed by an adult) would have been a Class B or C misdemeanor or a petty or business offense.

HB 6190 – Adds traffic offense and class 4 felony violation of the Controlled Substances act to the Accelerated Resolution Program (Rocket Docket) and extends the repeal of the program to June 30, 2019.

SB 3106 – Expands the definition of people with intellectual disabilities in the criminal code when hearsay exceptions are provided.

HB 4683 – Creates procedures on how pending criminal conviction appeals are handled if the defendant passes away.

SB 2876 – Adds criminal offense of money laundering to list of offenses that can be joined into one count of an indictment, rather than prosecuted separately.

SB 2880 – Allows for remote CCTV testimony for minors, persons with disabilities in criminal sex assault cases.

SB 2907 – Increases the threshold amount for property damage for a misdemeanor or felony from $300 to $500.

SB 2343 – Limits police use of stingray devices to track cell phones; use only to track location of or identify communications devices, not listen in; need detailed court order and non-target data must be deleted within 24 hours.

HB 5538 – Law enforcement agencies shall develop arrest procedure policies for domestic violence situations, with training for new recruits and every five years.

SB 2252 – Requires police to accept currency for cash bail or bail deposits.

SB 0210 – Bans the sale of “bath salts” and allows local gov’ts to revoke a retailer’s license if a violation occurs.

Civil Laws

SB 0637 – Makes changes to Illinois law to comply with federal REAL ID regulations. The REAL ID Act enacted the 9/11 Commission’s recommendation that the Federal Government “set standards for the issuance of sources of identification, such as driver’s licenses.” The Act established minimum security standards for state-issued driver’s licenses and identification cards and prohibits Federal agencies from accepting for official purposes licenses and identification cards from states that do not meet these standards. The changes to the law are as follows: Amends the Illinois Identification Card Act. Provides that beginning July 1, 2017, the Secretary of State shall refuse to issue any identification card to any person who has been issued a driver’s license under the Illinois Vehicle Code. Provides that any person may surrender his or her driver’s license in order to become eligible to obtain an identification card. Provides that beginning July 1, 2017, all applicants for standard Illinois Identification Cards and Illinois Person with a Disability Identification Cards shall provide proof of lawful status in the United States. Provides that applicants who are unable to provide the Secretary with proof of lawful status are ineligible for identification cards. Provides further criteria for the expiration of Illinois Identification Cards and Illinois Person with a Disability Identification Cards. Amends the Illinois Vehicle Code to make similar changes concerning Illinois driver’s licenses, except that driver’s license applicants who are unable to provide proof of lawful status in the United States may apply for a temporary visitor’s driver’s license.

HB 4999 – Prohibits an employer or prospective employer to request or require an employee or applicant to authenticate or access a personal online account in the presence of the employer.

SB 2156 – Overtime, living allowances and other types of extra payments to employees of colleges or universities do not count as part of base compensation for purpose of calculating pension.

HB 1288 – Creates a Domestic Workers’ Bill of Rights.

HB 4259 – Prohibits members of certain organizations from being considered an employee for purposes of collecting a pension benefit through IMRF, SURS or TRS

HB 4036 – Mandates employers provide unpaid work weeks of leave to any employee who is a victim of domestic or sexual violence or has a family member who is a victim; amount of allowed time off is determined based on the size of the business.

HB 4264 – Imposes domestic violence education requirements on those seeking barber/hair stylist/cosmetologist licensure.

HB 5924 – Amends Probate Act. Unless court order to the contrary, guardian shall use reasonable efforts to notify the ward’s known adult children, who have requested notification and provided contact information, of the ward’s admission to a hospital or hospice program, the ward’s death, and the arrangements for the disposition of the ward’s remains.

HB 6162 – Allows employees to use personal sick leave benefits for absences due to an illness, injury, or medical appointment of an employee’s direct family members.

HB 4715 – Allows courts to fine public bodies between $2,500 and $10,000 if they willfully and intentionally failed to comply with FOIA and also allows for a $1,000 daily fine if the public body fails to comply with the court’s order after 30 days; if public body fails to act within 30 days to address FOIA, presumed to have willfully failed to comply.

HB 6083 – Changes the statute of limitations for wrongful death claims.

SB 2157 – Requires community college trustees to take professional development training.

SB 2158 – Prevents community college boards from making personnel decisions within a 45 day “lame duck” period; allows for emergencies.

SB 2159 – Limits contract lengths for college and university presidents and chancellors to four years and limits severance packages to one year salary plus benefits.

Laws relating to children

HB 3898 – The bill provides that the intended parent is the legal parent of any resulting child and may seek a court order confirming the existence of a parent-child relationship. Currently, without these clarifying provisions, children who are born of assisted reproductive may be the subject of legal disputes over who has parental rights and obligations.

HB 4590 – Adds to list of adoption disclosures: reasons the birth parents stated for placing the child for adoption; how and why the adoptive parents were selected and who selected them; and whether the birth parents requested or agreed to post-adoption contact with the child at the time of placement, and, if so, the frequency and type of contact.

HB 4641 – Makes it easier for birth parents surrendering children for adoption to voluntarily provide medical information and other background information for the benefit of the adoptee and his or her adoptive parents; requires adoptive parents to be given a statement of their rights and responsibilities, including the right to voluntarily connect and exchange information with birth parents; creates background check and other requirements for private adoptions.

HB 5656 – Requires DCFS to make reasonable efforts and accommodations to grant visitation privileges to a non-custodial grandparent or great-grandparent of a child who is in the care and custody of the Department.

SB 1582 – A K-12 student with an Individualized Education Plan with staff: student of 1:5 attending specific academies named in bill may be bussed for any curriculum-related activity.

HB 4447 – States the Voluntary Acknowledgment of Paternity and other forms must include full tax ID or Social Security number of the parents and may only be challenged upon showing of fraud or material mistake, and must be brought within two years of completion of the form. Court order for genetic testing must specify how results may be used for purposes of protecting child’s best interests. Trailer bill for

HB 1531.

HB 5551 – Expands definition of “fictive kin” to include an individual who has been the foster parent of a ward of the state for at least one year; recognizes that incarcerated parents should be able to participate in case plan reviews for children in foster care.

SB 2340 Changes TANF regulations so that child support does not count so greatly against grant assistance.

HB 4257 – DHS shall issue upon request a card certifying that the holder has been diagnosed with an autism spectrum disorder. Allows for collection of associated fee not to exceed $10.

HB 4425 – Creates procedures to coordinate with federal regulations if children of military parents suffer child abuse.

SB 2777 – Prohibits minors from being committed to DJJ facilities for committing crimes that are not felonies or for certain non-violent felonies.

SB 2512 – Ensures the parent, guardian or responsible relative of abused minors relay contact information for the minor’s living relatives to DCFS.

SB 2956 – Requires buildings to be more accessible to individuals with disabilities.

HB 4327 – Requires DCFS to provide information on respite care, etc. when an investigation of alleged child abuse does not result in the placement of a child outside the home.

Healthcare and health-related laws

SB 2900 – Expands the role of Physician Assistants (“PAs”) and Advance Practice Nurses (“APNs”) throughout various Acts, by allowing them to perform many duties, or hold positions normally reserved only for physicians or those similarly situated.

HB 5576 – Mandates insurance companies provide coverage for all contraceptive drugs approved by the FDA.

SB 1564 – Health Care Right of Conscience law. Ensures patients receive information about treatment options, regardless of medical provider’s religious beliefs.

HB 4462 – Allows state police, local police and other entities to administer epinephrine and be trained on how to administer it.

HB 5593 – Substance abuse programs licensed by DHS must provide educational info on opioid treatment options, including use of medication for opioid addiction and overdose, how to administer naloxone.

SB 2601 Extends the time frame for the filing of a motion to vacate to 60 days after the discharge of probation once alcohol or drug treatment as a condition of probation has been completed.

HB 5594 – If defendant needs opioid abuse or addiction treatment, court shall require them to participate in prescribed drug treatments under care of licensed physician.

SB 2459 – Allows use of video conferencing equipment in hearings concerning use of psychotropic medicine or electroconvulsive therapy.

Miscellaneous or unusual laws

HB 0538 – Designates the pirogue – a long narrow canoe made from a single tree trunk – as the official state artifact.

HB 3239 – Amends the Chicago School District Article of the School Code by allowing 17 year olds to run for election as a community resident of a Local School Council (LSC).

HB 5651 – Allows vehicle owner’s to select their birthday as the vehicle’s registration expiration date.

HB 6006 – Requires vehicles to change lanes when coming up on a car with its hazard lights on.

HB 4105 – Allows motorcycles rear lights to be blue.

HB 5912 – Clarifies that a person riding a bicycle has all the rights applicable to a driver of a vehicle, including those regarding a vehicle’s right-of-way.

SB 2743 – Bars yoga teacher training from state regulation as a business.

HB 4344 – Allows a relative of a deceased military member to request an honorary sign around designated roads.

HB 4432 – Allows students an excused absence from school to play “Taps” at a military funeral.

HB 5788 – Adds catfish to the list of aquatic life that may be taken by pitchfork, spear gun or bow and arrow.

Raleigh D. Kalbfleisch is a sole practitioner concentrating in family law. She is a graduate of Purdue University and the Quinnipac University School Law and was a visiting student at Chicago Kent College of Law. She is an active member of the ISBA, DCBA and Family Law Section. She is President of D.A.W.L and on the Board of the DuPage County Bar Foundation, and is a member of the Family Violence Coordinating Counsel Judicial and Law Enforcement subcommittee.

 
 
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