ISBA Statehouse Review for the week of Feb. 2

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers House Bill 3944 (eavesdropping), House bill 1205 (residential burglary), House Bill 2886 (statute of limitations and sex offenses), House Bill 281 (judgement debtors) and House Bills 4460 and 4461 (domestic violence orders). More information on each bill is available below the video:

Eavesdropping. House Bill 3944 (Nekritz, D-Des Plaines) creates an exemption from prosecution for eavesdropping to allow a citizen to record a law enforcement officer performing public duties in a public place. To do so now is a Class 1 felony. Scheduled for hearing next Wednesday in House Judiciary Committee I.

Residential burglary. House Bill 1205 (Howard, D-Chicago) makes residential burglary a probationable offense. Scheduled for hearing next Wednesday in House Judiciary Committee II.

Statute of limitations and sex offenses. House Bill 2886 (Jefferson, D-Rockford) repeals the statute of limitations for criminal prosecution of any sex offense if the victim was under 18 years of age at the time of the offense. Scheduled for hearing next Wednesday in House Judiciary Committee II.

Judgment debtors. House Bill 281 (Flowers, D-Chicago) allows the court to reduce the amount of wages of being withheld or reduce the interest rate to a rate of less than 3% if the judgment debtor is a “family supporter.” Scheduled for hearing next Wednesday in House Judiciary Committee I.

Domestic violence orders. House Bill 4460 (DeLuca, D-Chicago) requires that the court order the expungement of records of an emergency order (unless the person violated the order) from the court's records and from the State Police's LEADS data base if: (1) the person who sought the emergency order fails to seek a plenary order of protection before the emergency order expires; (2) there is an agreed dismissal; or (3) the court denies the issuance of a plenary order of protection following the emergency order. Referred to House Rules Committee for assignment to a substantive committee.

Domestic violence orders. House Bill 4461 (DeLuca, D-Chicago) creates the Class 3 felony of making a false statement to obtain an order of protection or civil no contact order by knowingly making or causing to be made any false statement intending the statement to be relied upon in issuing or enforcing an order of protection or civil no contact order. If a person is convicted of this new crime, prior orders are vacated and records expunged. If the statement was not material to the issuance of the order, then the court must modify the order to the extent justice requires. Referred to House Rules Committee for assignment to a substantive committee.