Here are the latest updates as of December 2012
Illinois Code of Civil Procedure
Section 2-1401.1. Relief from default judgment; military personnel in military service.
Added to define military service and service member. Also provides that relief from and vacation of final orders and judgments after 30 days from the entry thereof entered by default against a service member that has entered military service may be had upon petition as provided in this Section. All relief heretofore obtainable and the grounds for such relief heretofore available shall be available in every case, by proceedings commenced pursuant to this Section, regardless of the nature of the order or judgment from which relief is sought or of the proceedings in which it was entered.
Section 9-107.10. Military personnel in military service; action for possession.
Amended to replace the terminology of active duty with that of military service. Also updates the definition of a service member.
Section 9-206. Notice to terminate tenancy of farm land.
Amended to provide that, subject to the provisions of Section 16 of the Landlord and Tenant Act, in order to terminate tenancies from year to year of farm lands, occupied on a crop share, livestock share, cash rent or other rental basis, the notice to quit shall be given in writing not less than four months prior to the end of the year of letting.
Section 15-1501.6. Relief in mortgage foreclosure proceedings for military personnel in military service.
Added to provide stipulations concerning foreclosure on a mortgage of a service member who has entered the military for a period greater than 29 consecutive days.
Illinois Code of Criminal Procedure
Section 104-26. Disposition of Defendants suffering disabilities.
Amended to provide that, in the statute that relates to the disposition of defendants suffering disabilities, if the court imposes a sentence of imprisonment upon an offender who has a mental disability, the court shall direct the circuit court clerk to immediately notify the Department of State Police, Firearm Owner's Identification Department, and shall forward a copy of the court order to the Department.
Section 108B-3. Authorization for the interception of private communication.,br> Amended to delete reference to "trafficking of persons for forced labor or services" and replace it with "trafficking in persons".
Section 110-6.3. Denial of bail in stalking and aggravated stalking offenses.
Amended to function as a revisory provision, incorporating changes already effected in two sections of P.A. 96-1551.
Section 110-10. Conditions of bail bond.
Amended to function as a revisory provision, incorporating changes already effected in P.A. 96-340, P.A. 96-1551, and P.A. 97-401.
Section 111-8. Orders of protection to prohibit domestic violence.
Amended to function as a revisory provision, incorporating changes already effected in two sections of P.A. 96-1551 and to add reference in paragraph (a) to Sections 19-6 and 26.5-2 of the Criminal Code of 1961.
Section 112A-11.1. Procedure for determining whether certain misdemeanor crimes are crimes of domestic violence for purposes of federal law.
Added to establish procedures for notifying the Department of State Police Firearm Owner's Identification Card Office of certain convictions for offenses that constitute domestic violence.
Section 112A-11.2. Notification to the Department of State Police Firearm Owner's Identification Card Office of determinations in certain misdemeanor cases.
Added to provide that, upon conviction in certain misdemeanor cases, the circuit court clerk shall include notification and a copy of the written determination in a report of the conviction to the Department of State Police Firearm Owner's Identification Card Office to enable to the office to report that determination to the FBI and assist the Bureau in identifying persons prohibited from purchasing and possessing a firearm pursuant to provisions of federal law.
Section 112A-14. Order of protection; remedies.
Amended to provide that, in line with the prohibition of firearm possession by a respondent against whom an order of protection was issued, the local law enforcement agency immediately mail the respondent's Firearm Owner's Identification Card to the Department of State Police Firearm Owner's Identification Card Office for safekeeping, for the duration of the order. At the expiration of the order, the Card, at the respondent's request, shall be returned to the respondent.
Section 112A-22. Notice of orders.
Amended to provide that if the respondent, at the time of the issuance of the order, is committed to the custody of the Illinois Department of Corrections or is on parole or mandatory supervised release, the sheriff or other law enforcement officials charged with maintaining Department of State Police records shall notify the Department of Corrections within 48 hours of receipt of a copy of the order from the clerk of the issuing judge or the petitioner. Provides that such notice shall include respondent's name, IDOC inmate number and date of birth, and the LEADS Record Index Number.
Section 115-7.3. Evidence in certain cases.
Amended to change reference in paragraph (a)(2) from Section 12-12 of the Criminal Code of 1961 to Section 11-0.1 of the Code and to add reference in paragraph (f) to Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, and 11-1.60 of the Code.
Section 115-10. Certain hearsay exceptions.
Amended to add reference in paragraph (a) to Sections 12C-5, 12C-10, 12C-35, and 19-6 of the Criminal Code of 1961 and to change text from "tattooing body of minor" to "tattooing the body of a minor".
Section 115-10.3. Hearsay exception regarding elder adults. Amended to function as a revisory provision, incorporating changes already effected in two sections of P.A. 96-1551 and to add reference in paragraph (a) to Sections 18-6 and 19-6 of the Criminal Code of 1961.
Section 116-2.1. Motion to vacate prostitution convictions for sex trafficking victims. Amended to delete reference to "trafficking of persons for forced labor or services" and replace it with "trafficking in persons".
Section 124B-10. Applicability; offenses.
Amended to add reference of Section 10-9 of the Criminal Code of 1961, to delete reference to "trafficking of persons for forced labor or services" and replace it with "trafficking in persons", and to make technical changes.
Section 124B-100. Definition; "offense".
Amended to add reference of Section 10-9 of the Criminal Code of 1961, to delete reference to "trafficking of persons for forced labor or services" and replace it with "trafficking in persons", and to make technical changes.
Section 124B-Part 300 Heading: Forfeiture; Involuntary Servitude and Trafficking in Persons.
Amended to make technical changes.
Section 124B-305. Distribution of property and sale proceeds.
Amended to change reference from "Violent Crime Victims Assistance Fund" to "DHS State Projects Fund". Also changes the description of a class of victims benefiting from this fund from "involuntary servitude of a minor" to "involuntary sexual servitude of a minor". Also deletes reference to "trafficking of persons for forced labor or services" and replaces it with "trafficking in persons".
Section 124B-600. [Computer Crime] Persons and property subject to forfeiture.
Amended to make technical changes.
Section 124B-700. [WIC Fraud] Persons and property subject to forfeiture.
Amended to make technical changes.
Section 124B-710. Sale of forfeited property by Director of State Police; return to seizing agency or prosecutor.
Amended to change reference in paragraph (c) from Section 17B to Section 17-6.3 of the Criminal Code of 1961.
Section 124B-905. Persons and property subject to forfeiture.
Amended to make technical changes.
Section 124B-1000. Persons and property subject to forfeiture.
Added to provide that persons committing the offense of unlawful transfer of a telecommunications device to a minor shall forfeit that device used in the commission of that offense.
Section 124B-1010. Seizure.
Added to provide that forfeited telecommunications devices may be seized and delivered to the investigating law enforcement agency. Provides that such devices may not be seized unless used in the commission of offenses specified in Section 124B-1000 or unless constituting evidence of such an offense. Provides that within 15 days the investigating law enforcement agency shall give notice of seizure to any known owners, lien holders and secured parties of the property and to notify the State's Attorney of the county of seizure.
Section 124B-1020. Exception to forfeiture.
Added to provide that no forfeiture of a telecommunications device will occur when the owner's device was used by someone other than the owner, in unlawful possession.
Section 124B-1030. Transfer of property.
Added to provide that, upon a court's determination that a telecommunications device is subject to forfeiture, and upon the request of the investigating law enforcement agency, the court may order the property delivered to any local, municipal or county law enforcement agency, the Illinois Department of State Police, or the Illinois Department of Revenue.
Section 124B-1040. Distribution of property from sale of proceeds.
Added to provide that proceeds of any sale of forfeited property, after payment of liens and requisite reasonable charges and expenses incurred by the investigating law enforcement agency, shall be paid into the general fund of the level of government responsible for the operation of the investigating law enforcement agency.
Section 124B-1045. Definition.
Added to provide a definition for "telecommunications device".
Section 124B-1050. Standard forfeiture provisions incorporated by reference.
Added to provide that all provisions of Part 100 of Article 124B are incorporated by reference into Part 1000.
Illinois Supreme Court
Rule 10. Size of Documents Filed in the Illinois Courts.
Amended to change the term "papers" to "documents" throughout.
Rule 11. Manner of Serving Documents Other Than Process and Complaint on Parties Not in Default in the Trial and Reviewing Courts.
Amended to change the term "papers" to "documents" throughout. Also provides that documents can be served by transmitting them via email to the designated email address of record for the attorney or party and by transmission through a service provider that provides an electronic inbox for those parties registered to use the service. Adds that a party or an attorney must include on the appearance and on all pleadings filed in court an email address for service of documents.
Rule 39. Appointment of Associate Judges.
Amended to provide that, prior to the distribution of ballots by the chief justice, the Director shall await the Illinois Board of Elections' certification of the general election results.
Rule 138. Personal Identity Information.
Added to prohibit the filing of personal identity information that could be used for identity theft. While paragraph (b) defines the most common types of personal identity information, it further allows the court to order redaction or confidential filing of other types of information as necessary to prevent identity theft.
Rule 201. General Discovery Provisions. Amended to eliminate the filing of discovery with the clerk of the circuit court absent leave of court granted in individual cases based on limited circumstances. The rule is intended to minimize any invasion of privacy that a litigant may have by filing discovery in a public court file.
Rule 604. Appeals from Certain Judgments and Orders.
Amended to provide that the procedure for bringing interlocutory appeals pursuant to orders granting a motion to disqualify defense counsel shall be the same as set forth in Supreme Court Rule 306(c).
Rule 702. Board of Admissions to the Bar. Amended to provide that a president and vice-president shall be designated by the Supreme Court and may serve only one three-year term.
Rule 756. Registration and Fees. Amended to correct the subsection in which the lawyer shall also indicate whether each account is an IOLTA account, as defined in Rule 1.15(i)(2) of the Illinois Rules of Professional Conduct.
Rule 10-101. Standardized Forms.
Added to establish rules and procedures for standardized forms.
Illinois Rules of Evidence
Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver.
Added to provide conditions under which a waiver of attorney-client privilege or work-product protection extends to an undisclosed communication or information in any proceeding. It provides conditions under which an inadvertent disclosure does not operate as a waiver in any proceeding. It provides conditions under which a disclosure made in a federal or another state's proceeding or to a federal or another state's office or agency does not operate as a waiver in an Illinois proceeding. It provides that an Illinois court may order that a privilege or protection is not waived by disclosure connected with pending litigation, also providing that the disclosure is not a waiver in any other proceeding. It provides that an agreement on the effect of disclosure in an Illinois proceeding is binding only on the parties to the agreement, unless it is incorporated into a court order. And it provides definitions as related to this new rule.
Attorney Registration and Disciplinary Commission
Cover Sheet and Table of Contents. Amended to update new Springfield office address.
Illinois Appellate Court 2nd District
Rule 111. Electronic records on appeal.
Amended to update the list of counties authorized to submit an electronic record on appeal and to specify the effective dates for each authorized county.
Circuit Court of Cook County - General Orders
General Order No. 26. Petitions for Fees and Costs for Court Appointed Attorneys.
Amended to provide that all attorney fee petitions for court appointed attorneys in cases pending on or after the effective date of this order must be filed by the earlier of 60 days after entry of a final order disposing of the case, or six months after the attorney performed the service or incurred the cost. In cases pending on or before the effective date of this order, petitions incurred more than six months before the effective date of this order shall be filed and set for hearing before November 30, 2012.
Miscellaneous
Illinois Judicial Circuits; Cook County Municipal Districts.
Updated map reflects the addition of the 23rd Judicial Circuit.
Circuit Court of Cook County Filing Fees.
Updated County Division Filing Fees. Court Holidays.
Updated the Court Holidays to reflect the 2013 court calendars.
Please note: The rules of the newly-formed 23rd Judicial Circuit of Illinois, comprised of DeKalb and Kendall Counties, were not available at press time. In addition, the rules of the 16th Judicial Circuit, which until December 2, 2012 contained those counties, are undergoing revision and were also unavailable at press time.
1360 Abbott Ct.
