ISBA Statehouse Review for the week of Feb. 7
ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Consumer Fraud and attorney's fees (House Bill 1447), Qualifications for being a judge in Cook County (Senate Joint Resolution for Constitutional Amendment 7), Custodial interrogations (Senate Bill 1332), Identification by lineups and photo spreads (Senate Bill 1333), Statute of limitations and sex offenses (Senate Bill 1399) and Illinois Marriage and Dissolution of Marriage Act (House Bill 1452). More information on the bill is available below the video.
Consumer fraud and attorney’s fees. House Bill 1447 (Thapedi, D-Chicago) requires that the court use the “Laffey Matrix” prepared by the U.S. Department of Justice in awarding attorney’s fees to the prevailing party under the Consumer Fraud and Deceptive Business Practices Act. Excludes cases in which the hourly rate for attorney’s fees is limited by statute. An identical bill is House Bill 1313 (Thapedi, D-Chicago) that amends the Code of Civil Procedure. Both bills were just introduced.
Qualifications for being a judge in Cook County. Senate Joint Resolution for Constitutional Amendment 7 (Cunningham, D-Chicago) requires a judge to have actively practiced law in Illinois for at least ten years before he or she can be elected or appointed an associate or circuit judge in Cook County. To be eligible for either office, a potential judge must have been certified as qualified by at least five members of the Attorney Registration and Disciplinary Commission. Before a lawyer may run for nomination, election, or retention for any judgeship at any level in Cook County, the prior approval of the ARDC members is required. Retention of a judge will require a two-thirds vote (currently three-fifths). Effective upon adoption and applies only to persons seeking election or appointment as a judge or associate Judge after the adoption of this amendment. Just introduced.
Custodial interrogations. Senate Bill 1332 (Raoul, D-Chicago) presumes to be inadmissible as evidence any oral, written, or signed language statement of an accused made as a result of a custodial interrogation at a police station or other place of detention as evidence against the accused in any criminal or juvenile court proceeding in which the accused is charged with the commission of an offense that is a homicide or a Class 1 felony or a Class X felony (rather than a homicide offense or a DUI offense in which the DUI was the proximate cause of death) unless: (1) an electronic recording is made of the custodial interrogation; and (2) the recording is substantially accurate and not intentionally altered. Allows the admissibility of a statement given at a time when the interrogators are unaware that the offense could be charged as a homicide or as a Class 1 felony or Class X felony. Just introduced.
Identification by lineups and photo spreads. Senate Bill 1333 (Raoul, D-Chicago) requires the Illinois Law Enforcement Training Standards Board to develop and adopt uniform policies and guidelines for conducting identification procedures (lineups and photo spreads) that are based on best practices and to be followed by all local government and State law enforcement. Not later than six months after the Board has developed and adopted these policies and guidelines, it requires each police and sheriff department to adopt procedures in accordance with them. Makes other changes. Just introduced.
Statute of limitations and sex offenses. Senate Bill 1399 (Link, D-Lake Bluff) repeals the current statute of limitations for civil actions for damages for personal injury based on childhood sexual abuse so that an action may be commenced at any time. These changes apply to actions pending on the effective date of the Act and to actions commenced on or after that date. Just introduced.
Illinois Marriage and Dissolution of Marriage Act. House Bill 1452 (Burke, D-Evergreen Park) rewrites the Illinois Marriage and Dissolution of Marriage Act. It is the work of the Illinois Family Law Study Committee. Just introduced.