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ISBA Statehouse Review for the week of April 10, 2015

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Real estate claims in Cook County (Senate Bill 1487), Medical records’ fees (House Bill 3845), Foreign Language Court Interpreter Act (House Bill 3620) and Drug Court Treatment Act (Senate Bill 727) and (Senate Bill 844). More information on each bill is available below the video.

Real estate claims in Cook County. Senate Bill 1487 (Cunningham, D-Chicago) authorizes the Cook County Recorder of Deeds to establish a three-year pilot program that permits documents to be recorded against a property in foreclosure by judicial order only. It requires a judge to issue an order barring any “nonrecord claimants” from recording an interest on the foreclosed property without approval of the court. The order shall expire on the date the court confirms the judicial sale of the property under the judgment of foreclosure.

If a court order has been recorded under this section, a non-record claimant may not record a document regarding the foreclosed property the subject of the foreclosure action without a certified court order. A unit of local government is not required to obtain a certified court order under this subsection to record a document that is subject of a foreclosure action. Nor does it apply to a bank or financial institution that recorded the lis pendens notice of foreclosure. On third reading in the Senate.

Medical records’ fees. House Bill 3845 (Sims, D-Chicago) prohibits a health care facility or health care practitioner from charging more than $20 for the expense of reproducing a patient’s records if those records are requested for a claim or appeal under the federal Social Security Act. Five years after the effective date of the amendatory Act: (1) the new provisions limiting certain fees to $20 become inoperative; and (2) a health care facility or health care practitioner may not charge any fee to reproduce a patient’s records if those records are requested in support of an application for benefits under the federal Social Security Act concerning old-age, survivors, and disability insurance benefits and SSI for the aged, blind, and disabled. On second reading in the House.

Foreign Language Court Interpreter Act. House Bill 3620 (Soto, D-Chicago) requires the court to appoint an interpreter in a civil action if the court finds that the person is incapable of understanding and expressing him or herself in English so as to be understood directly by the court, counsel, or jury. Provides that the court shall determine a reasonable fee for all interpreter services, which shall be paid out of the general county funds. Provides that interpreter includes a sign language interpreter. It is limited to the judicial circuits of the following counties: Will, Kane, DuPage, Lake, McHenry, and Cook. On second reading in the House.

Drug Court Treatment Act. Senate Bill 727 (Stadelman, D-Rockford) eliminates the provision that excludes a defendant from a drug court program if the defendant has previously completed or has been discharged from a drug court program. On third reading in the Senate.

Drug Court Treatment Act. Senate Bill 844 (Mulroe, D-Chicago) clarifies that after adjudication a defendant may be admitted into a drug court program only with the approval of the court. Pre-adjudication still requires agreement of the prosecutor and defendant with approval by the court. Deletes the current prohibition that a defendant who has previously completed or been discharged from a drug court program is ineligible for participation. On third reading in the Senate.

Posted on Apr 10, 2015 by Chris Bonjean | Comments (0)
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