December 2016 Updates:
Illinois Code of Civil Procedure
Section 9-117. Expiration of judgment.
Amended to replace "landlord" with "plaintiff" throughout.
Illinois Code of Criminal Procedure
Section 106B-5. Testimony by a victim who is a child or a person with a moderate, severe, or profound intellectual disability or a person affected by a developmental disability.
Amended to add "aggravated battery" and "aggravated domestic battery" to those offenses for which a court may order that the testimony of a victim who is a child under the age of 18 years or a person with a moderate, severe, or profound intellectual disability or a person affected by a developmental disability may be taken outside of the courtroom and shown in the courtroom by means of a closed circuit television.
Section 110-9. Taking of bail by peace officer.
Amended to provide that a peace officer taking cash bail or bail deposits shall accept payments made in the form of currency and may accept other forms of payment as authorized by the sheriff. Defines "currency".
Section 111-4. Joinder of offenses and defendants.
Amended to add the criminal offense of money laundering to the list of offenses that can be joined into one count of an indictment, rather than requiring each transaction to be prosecuted separately.
Section 112A-27. Law enforcement policies.
Amended to provide that, in developing arrest procedure policies in domestic violence situations, each law enforcement agency shall (instead of "is encouraged to") consult with community organizations and other law enforcement agencies with expertise in recognizing and handling domestic violence incidents. Provides that, in the initial training of new recruits and every five years in the continuing education of law enforcement officers, every law enforcement agency shall provide training to aid in understanding the actions of domestic violence victims and abusers and to prevent further victimization of those who have been abused, focusing specifically on looking beyond the physical evidence to the psychology of domestic violence situations, such as the dynamics of the aggressor-victim relationship, separately evaluating claims where both parties claim to be the victim, and long-term effects. Provides that the Law Enforcement Training Standards Board shall formulate and administer the training as part of the current programs for both new recruits and active law enforcement officers. Provides that the Board shall formulate the training by July 1, 2017 and implement the training statewide by July 1, 2018. Provides that, in formulating the training, the Board shall work with community organizations with expertise in domestic violence to determine which topics to include. Provides that the Illinois Department of State Police shall oversee the implementation and continual administration of the training.
Section 113-4. Plea.
Amended to provide that, if the defendant pleads guilty, the plea shall not be accepted until the court shall have fully explained to the defendant the sentence for any future conviction may be increased or there may be a higher possibility of the imposition of consecutive sentences; that as a consequence of a conviction or a plea of guilty, there may be registration requirements that restrict where the defendant may work, live, or be present; and that as a consequence of a conviction or a plea of guilty, there may be an impact upon the defendant's ability to, among others: retain or obtain housing in the public or private market; retain or obtain employment; and retain or obtain a firearm, an occupational license, or a driver's license.
Section 115-4.5. Death of defendant.
Added to provide that, whenever the prosecuting attorney in a criminal case learns of the death of the defendant prior to the entry of a final and appealable judgment in the case, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the circuit court before which the case is pending. Upon filing of the certificate, the court shall enter an order abating the proceedings entirely.
Section 115-9.2. Currency used in undercover investigation.
Added to provide that, in a prosecution in which United States currency was used by a law enforcement officer or agency or by a person acting under the direction of a law enforcement officer or agency in an undercover investigation of an offense that has imprisonment as an available sentence for a violation of the offense, the court shall receive as competent evidence, a photograph, photostatic copy, or photocopy of the currency used in the undercover investigation, if the photograph, photostatic copy, or photocopy (1) will serve the purpose of demonstrating the nature of the currency; (2) the individual serial numbers of the currency are clearly visible or if the amount of currency exceeds $500 the individual serial numbers of a sample of 10% of the currency are clearly visible, and any identification marks placed on the currency by law enforcement as part of the investigation are clearly visible; (3) complies with federal law, rule, or regulation requirements on photographs, photostatic copies, or photocopies of United States currency; and (4) is otherwise admissible into evidence under all other rules of law governing the admissibility of photographs, photostatic copies, or photocopies into evidence. Provides that the fact that it is impractical to introduce into evidence the actual currency for any reason, including its size, weight, or unavailability, need not be established for the court to find a photograph, photostatic copy, or photocopy of that currency to be competent evidence. Provides that a photograph, photostatic copy, or photocopy is found to be competent evidence, it is admissible into evidence in place of the currency and to the same extent as the currency itself.
Section 115-110. Certain hearsay exceptions.
Amended to make the hearsay exemption apply to a person with an intellectual disability, a person with a cognitive impairment, or a person with a developmental disability (rather than a moderately, severely, or profoundly intellectually disabled person). Defines a person with an intellectual disability as a person with significantly subaverage general intellectual functioning which exists concurrently with an impairment in adaptive behavior. Defines a person with cognitive impairment as a person with a significant impairment of cognition or memory that represents a marked deterioration from a previous level of function. Cognitive impairment includes, but is not limited to, dementia, amnesia, delirium, or a traumatic brain injury. Defines a person with a developmental disability as a person with a disability that is attributable to (1) an intellectual disability, cerebral palsy, epilepsy, or autism, or (2) any other condition that results in an impairment similar to that caused by an intellectual disability and requires services similar to those required by a person with an intellectual disability.
Section 121A-1. Application of Article.
Added to provide that, unless otherwise provided by Rules of the Supreme Court, this new Article (Article 121A, Pending Direct Appeal After Defendant's Death) shall govern pending direct appeal in all criminal cases after the death of the defendant.
Section 121A-2. Pending direct appeal after the defendant's death.
Added to provide that, whenever the prosecuting attorney learns of the death of the defendant following the entry of a final and appealable judgment but prior to the conclusion of the defendant's direct appeal from the conviction, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the reviewing court before which the direct appeal is pending. Provides that, unless the executor or administrator of the defendant's estate or other successor in interest files a verified motion to intervene in the direct appeal within 30 days of the filing of a certificate of notice of the defendant's death, the reviewing court shall dismiss the direct appeal without disturbing the judgment of the circuit court. Provides that, if the court receives a timely petition for leave to intervene by an authorized party in the criminal case, the reviewing court shall permit the petitioning party to intervene in the direct appeal in place of the defendant, and the direct appeal shall proceed in the same manner as if the defendant were still alive. Provides that nothing in the provisions for pending direct appeal after the defendant's death shall be construed to authorize the filing or continued litigation of a post-conviction or other collateral attack on a criminal conviction or sentence on behalf of a deceased defendant.
Section 124A-15. Reversal of conviction; refund of fines, fees, and costs.
Amended to provide that, in the provision regarding refund of costs, fines, or fees upon reversal of conviction on a finding of actual innocence, the refund shall be determined by the judge and paid by the clerk of the court based upon the availability of funds in the subject fund account.
Illinois Supreme Court
Rule 92. Award and Judgment on Award.
Amended to add that costs shall be determined by the arbitration panel pursuant to law. The failure of the arbitration panel to address costs shall not constitute a waiver of a party's right to recover costs upon entry of judgment.
Rule 702. Board of Admissions to the Bar.
Amended to provide that the Board shall appoint, with the approval of the Supreme Court, a Director of Administration to serve as the Board's principal executive officer. The Director of Administration, with the Board's approval, may hire sufficient staff as necessary to assist the Board in fulfilling its responsibilities.
Rule 795. Accreditation Standards and Hours.
Amended to add eligibility requirements for mentors and mentees under Lawyer to Lawyer mentoring.
Illinois Appellate Court, 2nd District
Rule 111. Electronic Records on Appeal. Amended to provide that in appeals under the Mental Health and Developmental Disabilities Code (405 ILCS 5/1-100 et seq.), attorneys of record on appeal may access, without motion, all impounded documents in the electronic record on appeal.
Court of Claims
Section 790.30. Pleadings-Forms.
Amended to change the number of copies of pleadings which shall be filed with the office of the Clerk from six to four. Changes "carbon copies" to "photocopies". Provides that permission for an out-of-state attorney to appear will require compliance with Supreme Court Rules 707, 718 and 756, governing out-of-state attorneys' authorization to practice, rather than any attorney in good standing, duly admitted to practice in the state where he resides, may, upon motion, be permitted to appear of record, and represent a claimant.
Section 790.50. Complaint-Required Provisions.
Amended to provide that a complaint shall be verified by the Claimant or counsel. Changes the number of copies of a verified lapsed appropriation claim form, for claims initiated by filing with the Clerk of the Court of Claims, from six to four.
Section 790.55. Discovery.
Amended to accommodate structural changes to paragraphs. Removes the provision that the deadline for forwarding discovery documents to the claimant is tolled during the consideration of a motion to dismissed filed by the respondent.
Section 790.110. Hearings-Assignments and Continuances.
Amended to add that any communications between the Commissioner and the Court are deemed preliminary and confidential.
Section 790.120. Transcript of Evidence.
Amended to provide that the transcript itself, rather than three copies of it, shall be filed with the court reporter with the clerk.
Section 790.140. Departmental Records and Reports-Prima Facie Evidence.
Amended to change the number of copies filed with the Clerk from five to two.
Section 790.155. Subpoenas.
Amended to make a minor technical change.
Section 790.170. Briefs.
Amended to change the number of copies of a typewritten or printed brief that each party shall file with the Clerk from six to two.
Section 790.200. Motions.
Amended to change the number of copies of all motions, and suggestions in support of the motion, filed with the Clerk of the Court from six to four. Adds that those copies also be filed with the assigned Commissioner. Changes the number of copies of all objections to motions filed with the Clerk of the Court from six to four. Provides that when motions are filed by either the claimant or the respondent, the moving party shall also submit the proposed order, rather than three copies of the order.
Section 790.210. Oral Argument of Case.
Amended to provide that oral argument on a matter before the Court, including a petition for rehearing, will be permitted only when ordered by the Court. Oral argument may be granted in the discretion of the Court upon request of a party or by Court order.
Section 790.220. Rehearing or New Trial.
Amended to delete "Time to File" from the section name. Adds that the opposite party shall have 20 days from the date of filing of the petition for rehearing to answer the petition, and the petitioner shall have 10 days thereafter within which to file a reply. The granting of a petition for rehearing can result in such relief as the Court deems appropriate. Neither the claimant, nor the respondent, shall be permitted to file more than one application or petition for rehearing.
Section 790.230. Rehearing-Procedure.
This section has been repealed.
Section 790.250. Records-Calendar.
Amended to change reference from "he" to "the Clerk". Deletes the "Calendar" paragraph.
Section 790.270. Fees and Costs.
Amended to change the filing of complaint in which amount of claim is "less than $1,000", rather than "more than $40 and less than $1,000". Removes reference to Supreme Court Rule 298 regarding filing fees that may be waived for an indigent, rather than "poor", person, upon application provided and approved by the Court of Claims. Adds all applications shall be notarized and include: the name and address of the applicant; applicant's occupation and employer; income from the previous year; sources and amount of income expected in the future; persons dependent on the applicant for support; a brief statement of any real estate or personal property (including any motor vehicles) and the value of the real estate, personal property and motor vehicle held by the applicant; a statement (and any government issued documentation) of receiving assistance under one or more of the following public benefits programs (Supplemental Security Income (SSI), Aid to the Aged, Blind and Disabled (AABD), Temporary Assistance for Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), etc.), or documentation of receiving unemployment insurance benefits; a statement of any applications filed on behalf of the applicant for leave to sue or defend as an indigent person during the previous year; and a statement that the applicant is unable to pay the cost of the case and has a meritorious claim or defense. Adds the Court, considering the information of the application as a whole, shall determine whether the information contained in the application demonstrates to the Court that an inability to pay exists, and if so, will waive the fees. Receipt of public benefit program assistance or unemployment insurance benefits stated in subsection (b)(1) shall result in waiver of fees, irrespective of other information provided.
Circuit Court-16th Circuit
Rule 16.03. Child Protection Mediation Program.
Rule was added for the program.
Circuit Court-19th Circuit
Entire rules set was re-written, effective October 24, 2016.
Includes revised fee schedules for the Circuit Court of Cook County and the court's County Division as well as updated 2017 court holiday calendars.
1360 Abbott Ct.