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Here are the latest updates as of December 2013

Illinois Code of Civil Procedure

Section 2-702. Petition for a certificate of innocence that the petitioner was innocent of all offenses for which he or she was incarcerated.
Amended to provide that the court shall enter the expungement order regardless of whether the petitioner has prior criminal convictions. Provides that all records sealed by the Department of State Police may be disseminated by the Department only as required by law or to the arresting authority, the State's Attorney, the court upon a later arrest for the same or similar offense, or for the purpose of sentencing for any subsequent felony. Provides that upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual. Provides that upon entry of the order of expungement, the clerk of the circuit court shall promptly mail a copy of the order to the person whose records were expunged and sealed.

Section 2-1402. Supplementary proceedings.

Amended to add that the court may enter any order upon or judgment against the respondent cited that could be entered in any garnishment proceeding under Part 7 of Article XII of this Code.

Section 2-1602. Revival of judgment.

Amended to provide that if a judgment becomes dormant during the pendency of an enforcement proceeding against wages under Part 14 of this Article or under Article XII, the enforcement may continue to conclusion without revival of the underlying judgment so long as the enforcement is done under court supervision and includes a wage deduction order or turn over order and is against an employer, garnishee, or other third party respondent.

Section 2-2301. Settlement of claims; payment.

Added to provide that in any civil action involving a claim for money damages, a release must be tendered by the settling defendants to the plaintiff within 14 days of an agreement to the settlement, and in cases where the law requires court approval of the settlement, the plaintiff shall timely obtain court approval and tender to the defendant a copy of the order approving the settlement. Provides that a settling defendant shall pay all sums due to a settling plaintiff within 21 days of tender by the settling plaintiff to the settling defendant of a duly executed release (and, if required by law, a copy of the order approving the settlement), and provides that upon failure to pay, interest, calculated from the date of the release, shall accrue on the amount of the settlement and shall be payable to the settling plaintiff. Provides that the plaintiff is entitled to judgment without further notice against any settling defendant who has not timely paid. Provides that the new provisions apply to all civil actions involving a claim for money damages.

Section 9-121. Sealing of court file.
Amended to add reference to new Section 9-207.5.

Section 9-205. Notice to terminate tenancy from year to year.
Amended to add reference to new Section 9-207.5.

Section 9-207. Notice to terminate tenancy for less than a year.
Amended to add reference to new Section 9-207.5

Section 9-207.5. Termination of bona fide leases in residential real estate in foreclosure.
Added to provide terms of termination of a bona fide lease. Including that in the case of a foreclosure, the landlord may terminate a tenancy established prior to the confirmation of sale only at the end of the term of the lease agreement by no less than 90 days' written notice or in the case of a month-to-month or week-to-week tenancy, by 90 days' written notice.

Section 12-101. Lien of judgment.
Amended to provide that certain foreign judgments are a lien upon the real estate of the person against whom they are entered only from the time certain documentation if filed in the office of the recorder in the county in which the real estate is located.

Section 12-107.5. Body attachment order.
Amended to provide that the requirements or limitations of this Section do not apply to the enforcement of any order or judgment for child support, any order or judgment resulting from an adjudication of a municipal ordinance violation that is subject to Supreme Court Rules 570 through 579, or from an administrative adjudication of such an ordinance violation.

Section 12-705. Summons.
Amended to provide that garnishment summons may be served and returned in the manner provided by Supreme Court Rule for service, otherwise than by publication, of a notice for additional relief upon a party in default.

Section 13-202.2. Childhood sexual abuse.
Amended to provide that notwithstanding any other provision of law, an action for damages based on childhood sexual abuse may be commenced at any time; provided, however, that the changes made by the amendatory Act apply to actions commenced on or after the effective date if the action would not have been time-barred under any statute of limitations or statute of repose prior to the effective date.

Section 15-1202.5. Dwelling Unit.
Amended to provide references to new Sections 9-207.5, 15-1224, 15-1225, and 15-1506.

Section 15-1224. Bona fide lease.
Added to provide the definition for the term "bona fide lease," as well as define the terms of a written and oral lease.

Section 15-1225. Residential real estate in foreclosure.
Added to provide the definition for the term "residential real estate in foreclosure."

Section 15-1501. Parties.
Amended to provide that the court is not required to appoint a special representative for a deceased mortgagor for the purpose of defending the action, if there is a living person who holds a 100% interest in the property that is the subject of the action, by virtue of being the deceased mortgagor's surviving joint tenant or surviving tenant by the entirety. In no event may a deficiency judgment be sought or entered in the foreclosure case pursuant to subsection (e) of Section 15-1508 against a deceased mortgagor.

Section 15-1506. Judgment.
Amended to provide that the entry of a judgment of foreclosure does not terminate or otherwise affect a bona fide lease of a dwelling unit in residential real estate in foreclosure, whether or not the lessee has been made a party in the foreclosure.

Section 15-1508. Report of Sale and Confirmation of Sale.
Amended to provide that no order of possession issued under this Section shall be entered against a lessee with a bona fide lease of a dwelling unit in residential real estate in foreclosure, whether or not the lessee has been made a party in the foreclosure.

Section 15-1508.5. Notice by Holder or Purchaser to Known Occupants of Dwelling Units of Mortgaged Real Estate.
Amended to provide that the notice of sale should provide instructions on the method of payment of future rent, if it is applicable.

Section 15-1701. Right to Possession.
Amended to provide that subsection (h) does not apply to any lessee with a bona fide lease of a dwelling unit in residential real estate in foreclosure. Also, adds that the holder of the certificate of sale, the holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at the sale shall not terminate a bona fide lease of a dwelling unit in residential real estate in foreclosure except pursuant to Article IX of this Code.

Section 15-1703. Mortgagee in Possession.
Amended to provide that the mortgagee should provide instructions on the method of payment of future rent, if it is applicable.

Section 15-1704. Receivers.
Amended to provide that the receiver should provide instructions on the method of payment of future rent, if it is applicable.

Illinois Code of Criminal Procedure

Section 102-3.5. "Aftercare Release".
Added to provide a definition for the term "aftercare release."

Section 102-16. "Parole".
Amended to define the term "parole" as the conditional and revocable release of a person committed to the Department of Corrections under the supervision of a paroling authority.

Section 103-2.1. When statements by accused may be used.
Amended to provide that an oral, written, or sign language statement of a person made as a result of a custodial interrogation at a police station or other place of detention shall be presumed to be inadmissible against the minor or adult in a juvenile or criminal court proceeding for certain criminal offenses when the interrogation occurs on or after certain specified dates, unless an electronic recording is made of the custodial interrogation and the recording is substantially accurate and not intentionally altered. Also, provides if while conducting a custodial interrogation, the person being interrogated makes a statement which creates reasonable suspicion that the person has committed an offense other than those required to be recorded by this provision, the interrogators may continue to record the interrogation regarding that other offense without the person's consent, notwithstanding any provision of law to the contrary.

Section 103-5. Speedy trial.
Amended to provide gender neutrality ("he/she") and to add "aftercare release" as a conditional and revocable release of a person in custody for particular violations.

Section 107-4. Arrest by peace officer from other jurisdiction.
Amended to provide that any peace officer employed by a law enforcement agency of this state may conduct temporary questioning and may make arrests in any jurisdiction within this State if the officer is engaged in the investigation of criminal activity that occurred in the officer's primary jurisdiction and the temporary questioning or arrest relates to, arises from, or is conducted pursuant to that investigation.

Section 109-1. Person arrested.
Amended to provide, following a person's arrest, that the judge order the confiscation of the person's passport or impose travel restrictions on a defendant arrested for first degree murder or other violent crime if the judge determines that this will reasonably assure the appearance of the defendant and compliance by the defendant with all conditions of release.

Section 110-5. Determining the amount of bail and conditions of release.
Amended to provide gender neutrality ("he/she", "himself/herself"), to add "aftercare release" as a conditional and revocable release of a person in custody for particular violations, and to add the Illinois Department of Juvenile Justice as another overseer of custodial facilities.

Section 110-6.1. Denial of bail in non-probationable felony offenses.
Amended to add "aftercare release" as a conditional and revocable release of a person in custody for particular violations.

Section 110-6.3. Denial of bail in stalking and aggravated stalking offenses.
Amended to add "aftercare release" as a conditional and revocable release of a person in custody for particular violations.

Section 111-3. Form of charge.
Amended to require a criminal offense charge to state the identity of a victim alleged to have been subjected to an offense involving an illegal sexual act by name, initials, or description.

Section 112A-2. Commencement of Actions.
Amended to add "aftercare release" as a conditional and revocable release of a person in custody for particular violations.

Section 112A-20. Duration and extension of orders.
Amended to add "aftercare release" as a conditional and revocable release of a person in custody for particular violations.

Section 112A-22. Notice of orders.
Amended to add "aftercare release" as a conditional and revocable release of a person in custody for particular violations; to add the Illinois Department of Juvenile Justice as another overseer of custodial facilities; and to add IDJJ youth identification number as an additional method of distinguishing the respondent's identity.

Section 112A-22.10. Short form notification.
Amended to add "aftercare release" as a conditional and revocable release of a person in custody for particular violations and to add the Illinois Department of Juvenile Justice as another overseer of custodial facilities.

Section 115-5. Business records as evidence.
Amended to provide that upon request of the moving party and with reasonable notice given to the opposing party, in a criminal prosecution in which the defendant is accused of an offense under Article 16 or 17 of the Criminal Code of 1961 or the Criminal Code of 2012, the court may, for good cause and upon appropriate safeguards, permit foundational testimony business record to be live, subject to cross-examination, and transmitted by audio or video transmission from outside of the State.

Section 115-7.3. Evidence in certain cases.
Amended to add that the Section applies to criminal cases in which the defendant is accused of child abduction, as defined in paragraph (b)(10) of Section 10-5 of the Criminal Code of 1961 or the Criminal Code of 2012.

Illinois Supreme Court

Rule 41. Judicial Conference.
Amended to change the requirements for membership into the Judicial Conference by including the chief circuit judge from the First Judicial District and including at least one chief circuit judge from each judicial district other than the First. Also, provides that no member may be appointed for more than two consecutive terms or six years.

Rule 705. Admission on Motion.
Amended to provide that to be eligible for admission on motion an applicant licensed to practice law for fewer than 15 years has passed the Multistate Professional Responsibility Examination in Illinois or in any jurisdiction in which it was administered.

Rule 706. Filing Deadlines and Fees of Registrants and Applicants.
Amended to increase the fees for applications to take the bar exam and reexamination. Also, adds that applicants for Character and Fitness recertification will pay a fee of $450.

Rule 708. Committee on Character and Fitness.
Amended to remove references to "law student registrants" throughout and refers to them as only "applicants." Also, adds that Character and Fitness certification is valid for nine months from the date of certification. An applicant who has been so certified and who has not been admitted to practice within nine months must be recertified after filing the requisite Character and Fitness registration and paying the fee therefor in accordance with Rule 706.

Rule 709. Power to Make Rules, Conduct Investigations, and Subpoena Witnesses.
Amended to remove references to "law student registrants" throughout and refers to them as only "applicants."

Rule 710. Immunity.
Amended to remove references to "law student registrants" throughout and refers to them as only "applicants."

Rule 716. Limited Admission of House Counsel.
Amended to include that to be eligible for admission as House Counsel, an applicant "licensed to practice law for fewer than 15 years" has passed the Multistate Professional Responsibility Examination in Illinois or in any jurisdiction in which it was administered.

19th Judicial Circuit

Part 18. Electronic Filing of Court Records.
Added to provide procedures which allow the circuit to comply with the Electronic Filing Standard and Principles established by the Supreme Court of Illinois.

Part 19. Lake County Residential Real Estate Mortgage Foreclosure Mediation Program.
Added to provide the circuit with rules to: alleviate financial burdens caused by residential mortgage foreclosures; foster direct and meaningful communication between lenders and homeowners; provide an expeditious means of resolving residential mortgage foreclosure disputes; reduce the backlog of pending residential mortgage foreclosure cases; keep families in their homes, where reasonable and possible, or provide them with a reasonable means and time frame for vacating their homes; and reduce the negative impact of foreclosures on neighborhoods and communities and on the values of properties located therein.

Miscellaneous

Circuit Court of Cook County Filing Fees. Updated Probate Division and Record of Deeds Filing Fees.

Court Holidays. Updated the Court Holidays to reflect the 2014 court calendars.

Illinois Courts Rule Book - 2014 $ 93.00 Subscribe
Illinois Courts Rule Book – Supplement - 2014 $ 63.00 Subscribe
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