ISBA Assembly gets update from Chief Justice Kilbride, approves legislative package

The Illinois State Bar Association's Assembly met on Saturday at the conclusion of the Midyear Meeting at the Sheraton Hotel & Towers Chicago.

Highlighting the meeting was an e-business update from Illinois Supreme Court Justice Thomas Kilbride. Justice Kilbride noted that the court is developing e-filing standards to be in place throughout the state. This would allow different vendors to have a framework to work with from county to county. He expects e-filing to be open across the state voluntarily by April 3, 2012.

The Assembly also approved the ISBA legislative package for 2012.

Here is a quick overview of new legislative proposals approved by the ISBA Assembly:

(1) No. 97-20. Creates a new statute to allow first-offender probation for certain felonies. (Proposed by the Criminal Justice Section Council.)

(2) No. 97-21. Requires notice and imposes time limits before a litigant can claim dissipation of marital or nonmarital assets in the Illinois Marriage and Dissolution of Marriage Act. (Proposed by the Family Law Section Council.)

(3) No. 97-22. Cleans up and clarifies the child-support section of the IMDMA by incorporating case law and current practices. (Proposed by Family Law Section Council.)  

(4) No. 97-24. Increases the credit for time served for bailable offenses from $5 to $15. (Proposed by Criminal Justice Section Council.)

(5) No. 97-25. Makes it a “confidential communication” if a therapist or patient communicates with a pharmacist during the course of providing mental health services. (Proposed by Mental Health Committee.)

(6) No. 97-28. Creates two exemptions from prosecution for eavesdropping. If a business entity records or listens under the telemarketing or solicitation exemption, the consumer may record as well. Allows a citizen to record a law enforcement officer performing public duties that can be heard by the citizen with the unassisted human ear. (Proposed by Intellectual Property Section Council.)

(7) No. 97-29. Allows Illinois citizens to create a “domestic asset protection trust” that allows a settlor to establish an Illinois trust for his or her own benefit which, if not fraudulent, will be protected from most creditors. (Proposed by Trusts & Estates Section Council.)

(8) No. 97-31. Requires a board of review outside of Cook County to make and publish reasonable rules for the guidance of persons doing business with them. (Proposed by State and Local Tax.)

(9) No. 97-32. Changes the eligibility for scavenger-tax sales from two to three years for Cook County only. (Proposed by State and Local Tax.)

(10) No. 97-33. Creates a recapture provision for property tax refunds for the entire state. (Proposed by State and Local Tax.)

Posted on December 12, 2011 by Chris Bonjean
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