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Here are the latest updates as of December 2014

Illinois Code of Civil Procedure

Section 2-203. Service on individuals.
Amended to provide that an employee of a gated residential community shall grant entry into the community, including its common areas and common elements, to a process server who is attempting to serve process on a defendant or witness who resides within or is known to be within the community. Also defines "gated residential community" as a condominium association, housing cooperative, or private community.

Section 5-120.5. Administrative review, code compliance.
Added to provide that in an administrative review action, if the court reverses the decision of a municipal code hearing officer that imposes a fine or penalty against the owner of a single-family or multi-family residential dwelling for a violation related to the condition or use of that residential property, then the court may award the plaintiff all reasonable costs, including court costs and attorney's fees, associated with the action if the court finds that: (i) the decision of the hearing officer was arbitrary and capricious; or (ii) the defendant failed to file a record that is sufficient to allow the court to determine whether the decision of the hearing officer was arbitrary and capricious. Provides that the court may award the municipality reasonable costs, including court costs and attorney's fees, if the court finds that the plaintiff's action for administrative review of a decision by the municipal code hearing officer is not reasonably well grounded in fact, is not warranted by existing law, or is not accompanied by a reasonable argument for the extension, modification, or reversal of existing law. Provides that the new provisions do not apply to any administrative decision of a municipality with a population of more than 500,000. Provides that the new provisions are mutually dependent and inseverable.

Section 8-802. Physician and patient.
Amended to provide that upon disclosure pursuant to a grand jury subpoena, in any criminal action where the charge is domestic battery, aggravated domestic battery, or an offense under the Sex Offenses Article of the Criminal Code of 2012 or where the patient is under the age of 18 years or upon the request of the patient, the State's Attorney shall petition the court for a protective order. With regard to the prohibition against a physician or surgeon being permitted to disclose any information he or she may have acquired in attending any patient in a professional character, includes in the exceptions disclosure to or through a health information exchange in accordance with state or federal law.

Section 9-111.1. Lease to a bona fide tenant.
Amended to provide that, after the entry of a judgment in favor of a condominium board of managers for possession of a unit under specified provisions, the board of managers may lease the unit to a bona fide tenant for a term which may commence at any time within eight months after the month in which the date of expiration of the stay of judgment occurs, and may not exceed 13 months from the date of commencement of the lease.

Section 13-211. Minors and persons under legal disability.
Amended to provide that if a person is not under a legal disability at the time certain actions accrue, but becomes under a legal disability before the statutory periods of limitations for those actions otherwise run, the limitations periods are stayed until the disability is removed.

Section 13-212. Physician or hospital.
Amended to provide that if a person is not under a legal disability at the time certain actions accrue, but becomes under a legal disability before the statutory periods of limitation for those actions otherwise run, the limitations periods are stayed until the disability is removed.

Section 13-214.3. Attorneys.
Amended to provide that if a person is not under a legal disability at the time certain actions accrue, but becomes under a legal disability before the statutory periods of limitations for those actions otherwise run, the limitations periods are stayed until the disability is removed.

Illinois Code of Criminal Procedure

Section 104-15. Report.
Amended to provide that a person retained or appointed by the State or the defense to conduct a fitness examination shall, upon written request, make his or her notes, other evaluations reviewed or relied upon by the testifying witness, and any videotaped interviews available to another examiner of the defendant. Also requires a forensic interview to be videotaped, unless impractical. If the interview is not videotaped, the examiner may still testify and the court may only consider the lack of compliance in according the weight and not the admissibility of the expert testimony. Also allows the examiner to use these materials as part of a diagnosis or explanation and prohibits disclosure of the examination's contents except as otherwise provided in the Code.

Section 107A-0.1. Definitions.
Added to provide definitions for the terms used in lineup procedures.

Section 107A-2. Lineup procedure.
Added to provide methods and procedures for conducting law enforcement lineups.

Section 107A-5. Lineup and photo spread procedure.
Repealed.

Section 107A-10. Pilot study on sequential lineup procedures.
Repealed.

Section 108-4. Issuance of search warrant.
Amended to make minor technical changes and to add paragraphs (c) and (d), detailing the issuance of a search warrant based upon simultaneous video and audio testimony between the warrant requestor and the judge, and allowing the chief or presiding judge of the circuit in the issuing jurisdiction to create a standard practice for the filing or other retention of documents or recordings produced for a warrant.

Section 110-5. Determining the amount of bail and conditions of release.
Amended to provide additional specific criminal charges or situations to the list of charges that the court uses to determine whether or not to order the respondent to undergo a risk assessment evaluation in connection with the respondent's bail and conditions of release. Provides that the court document the court's reasons for making such determinations. Provides that the cost of electronic surveillance and risk assessment be paid by, or on behalf of, the defendant. Defines "intimate partner" as a spouse or a current or former partner in a cohabitation or dating relationship.

Section 124A-15. Reversal of conviction; refund of fines, fees, and costs.
Added to relieve the defendant from liability for costs or fees of the court or circuit clerk's office, or for any charge of subsistence while detained in custody, if the defendant's conviction in a criminal prosecution is reversed by a finding of factual innocence in a collateral proceeding. Describes the procedure to submit a request for a refund of fines, fees, and costs.

Section 124B-300. Persons and property subject to forfeiture.
Amended to provide additional offenses, including promoting juvenile prostitution and keeping a place of juvenile prostitution, to the list of offenses pertaining to the forfeiture of profits or proceeds and any property acquired or maintained in violation of these offenses.

Section 124B-305. Distribution of property and sale proceeds.
Amended to reduce by 5% (to 45%) the amount of moneys and sale proceeds of forfeited property to be distributed to State agencies and units of local government whose officers or employees conducted the investigation or initiated the hearing that resulted in the forfeiture. Provides that 50% of the moneys and proceeds be deposited into the Specialized Services for Survivors of Human Trafficking Fund. Provides that 5% of the moneys and proceeds be paid to the Office of the State's Attorneys Appellate Prosecutor to train State's Attorneys on forfeiture proceedings and topics related to human trafficking.

Section 124B-500. Persons and property subject to forfeiture.
Amended to remove references to the promotion of juvenile prostitution and the keeping of places of juvenile prostitution from the offenses pertaining to the forfeiture of profits or proceeds, since this is now covered in the newly-amended Section 124B-300.

Illinois Supreme Court

Rule 40. Marriage and Civil Union Divisions.
Amended to add that records relating to the revenue and expenses of the marriage and civil union funds shall be retained in either paper or electronic format for the current state fiscal year plus five prior fiscal years.

Rule 138. Personal Identity Information.
Amended to remove birthdate and names of minors from the definition of Personal Identity Information.

Rule 313. Fees in the Reviewing Court.
Amended to increase the filing fee of all appellants and petitioners from $25 to $50. Also, increases the filing fee for all other parties from $15 to $30.

Circuit Court of Cook County

Rule 13.3. Filing, Service and Assignment.
Amended to remove the paragraph regarding depositions arising from out-of-state cases.

Rule 13.4. Pre-Trial Phase.
Amended to change reference to "Family Mediation Services", instead of "Marriage and Family Counseling Services".

Rule 13.7. Transcripts.
Amended to allow, in uncontested cases, with the approval of the Court, the waiver by counsel or by the parties of the presence of a court reporter and/or the preparation of a transcript. Provides that, in the event that no waiver is filed, a transcript of proceedings must be filed with the circuit clerk within 28 days.

Part 25. Law Division Mandatory Arbitration, Commercial Calendar Section.
Added to provide mandatory arbitration rules for the court's new Law Division, Commercial Calendar Section.

Miscellaneous

Illinois Judicial System page.
Amended to make minor technical change.

Circuit Court of Cook County Filing Fees.
Updated County Division Filing Fees.

Court Holidays.
Updated the Court Holidays to reflect the 2015 court calendars.

Illinois Courts Rule Book - 2015 $ 93.00 Subscribe
Illinois Courts Rule Book – Supplement - 2015 $ 63.00 Subscribe
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