ISBA Statehouse Review for the week of Feb. 15, 2017
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers a bill about judicial complaints, the Probate Act, the Insurance Code and arbitration, changing names under the IMDMA, guardians, the Jury Act, and criminal law and defense.
More information on each bill is available below the video.
Judicial complaints. House Bill 3054 (Davis, D-East Hazel Crest) requires that every circuit court judge announce that a person can file a complaint against him or her before calling the first case of the day, and that a person can pick up a form with instructions on filing a complaint from the clerk. Requires that the clerk of the circuit court make available instructions for the filing of a complaint against a judge with the Judicial Inquiry Board. Requires that the clerk post within each courtroom a notice that a person may file a complaint against the judge and that those instructions for filing a complaint may be obtained from the clerk. It has just been introduced.
Probate Act. House Bill 3089 (Mitchell, R-Decatur) requires that a specified notice to creditors be delivered to the Illinois Department of Healthcare and Family Services at the Bureau of Collections at the Chicago office of the Department if the decedent was 55 years of age or older or resided in a nursing facility or other medical institution. Requires that a copy of the petition to admit the will to probate or for letters of administration and the decedent's social security number and date of birth be attached to the notice delivered to the Department. It has just introduced.
Insurance Code and arbitration. Senate Bill 1444 (Haine, D-Alton) repeals provisions concerning arbitration of physical damage subrogation claims arising from auto damages in certain cases. It was just introduced.
IMDMA and name change. House Bill 2537 (Moeller, D-Elgin) repeals a section in the Code of Civil Procedure concerning notice by publication requirements in a petition for change of name. Provides that in any application for a change of name involving a minor, before a judgment granting a change of name may be entered, actual notice and an opportunity to be heard shall be given to any parent whose parental rights have not been previously terminated and to any person who has been allocated parental responsibilities under the Illinois Marriage and Dissolution of Marriage Act. Provides that notice and an opportunity to be heard shall be given to persons outside this state as specified in other provisions of the Code.
Amends the IMDMA to provide that unless the person whose marriage is dissolved or declared invalid requests otherwise, the court order shall contain a provision authorizing the person to resume the use of his or her former or maiden name, should he or she choose to do so, at any time he or she chooses to do so (instead of “upon request by a wife whose marriage is dissolved or declared invalid, the court shall order her maiden name or a former name restored.”) It has just been introduced.
Guardians. House Bill 2665 (Davis, D-East Hazel Crest) amends the Probate Act of 1975 to provide that a person may not act as the guardian of an adult with a disability until he or she has completed a training program developed by the State Guardian or by another suitable provider approved by the court. Exempts public guardians, state guardians, attorneys currently authorized to practice law, and persons who are certified as National Certified Guardians by the Center for Guardianship Certification. Provides that the Governor may designate, without the advice and consent of the Senate, the Office of State Guardian as an interim public guardian to fill a vacancy in one or more counties. Makes other changes. It has just been introduced.
Jury Act. Senate Bill 889 (Hutchinson, D-Chicago Heights) provides that no person who is qualified and able to serve as a juror may be excluded from jury service in any court of this State on the basis of race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service. It does not affect any current statutory exemptions. It has just been introduced.
Criminal law and defense. Senate Bill 1761 (Biss, D-Skokie) provides that the following cannot be mitigating factors in a first-degree murder case nor serious provocation in a second-degree murder case: a non-violent sexual advance, nor the discovery, knowledge, or perception of a person’s sex or sexual orientation, including under circumstances in which the defendant and victim dated or had a romantic or sexual relationship. The change to first-degree murder is only relevant if the State re-enacts the death penalty. It has just been introduced.