New Illinois Laws 2017: CRIME, COURTS, CORRECTIONS AND LAW ENFORCEMENT

More than 200 new Illinois laws scheduled to take effect on Jan. 1. Here are the new laws governing Crime, Courts, Corrections and Law Enforcement:

• Juvenile Offense Reduction (SB 2777/PA 99-0628): Prohibits minors from being committed to DJJ facilities for committing crimes that are not felonies or for certain non-violent felonies.
• Child Victim Battery Testimony (SB 2880/PA 99-0630): Allows for remote CCTV testimony for minors, persons w/ disabilities in criminal sex assault cases.
• Property Damage Threshold (SB 2907/PA 99-0631): Increases the threshold amount for property damage for a misdemeanor or felony from $300 to $500.
• Expands the definition of “victim” under the Crime Victims Compensation Act (HB 5472/PA 99-0671)
• Health Care Worker Registry (HB 4515/PA 99-0872): Allows health care companies to hire someone convicted of certain crimes if that person has obtained a waiver from the Dept. of Public Health..
• Juvenile Sexual Assault (HB 5771/PA 99-0875): Certain mandatory natural life sentencing provisions for criminal sexual assault, aggravated criminal sexual assault, and predatory criminal sexual assault of a child apply only to a person who has attained the age of 18 years at the time of the commission of the offense.
• The Illinois Department of Financial Regulation may not deny a request for a professional license solely on the basis of an applicant's criminal record unless he or she was convicted of a crime directly related to the occupation for which the license is sought; loosens rules involving discipline for license holders who owe child support; shall provide annual report on applicants thereafter (HB 5973/PA 99-0876)
• Corrections Inmate Calls ((HB 6200/PA 99-0878). Limits rates for telephone usage by inmates at prisons and prohibits payment of additional fees or profits to phone companies that provide those services.
• Juvenile Probation (HB 6291/ PA 99-0879): Requires that a minor is not committed to the Dept. of Juvenile Justice for certain controlled substances violations unless its their third or subsequent judicial finding of a probation violation.
• Criminal Identification Act (HB 6328/PA 99-0881): Allows people with past convictions to petition for the expungement of arrest records and charges that didn't result in conviction.
• Conviction Reversal Costs Refunds ((SB 2885/PA 99-0883)): Makes refunds in cases of reversal of conviction subject to availability of funds in the subject fund account.
• Unused Meds Disposal (HB 5781/PA 99-0648): Allows police officers and coroners to dispose unused meds found at the scene of death after consulting law enforcement investigatng the death; medication shall be retained in the event an autopsy is performed for toxicological analysis purposes.
• FOID Revocation Notice (HB 6331/PA 99-0787): Provides that the State Police shall notify local law enforcement agencies that have jurisdiction of a revocation of a FOID card due to an existing order of protection..
• Money Laundering (SB 2875/PA 99-0798). A court may grant law enforcement's request for location surveillance information through testimony made through electronic means between requestor and judge if there is clear and present danger from imminent use of force, kidnapping, or occupation of any premises or hijacking of a vehicle. Police may seek location info in case of an escapee.
• Sexual Assault Incidents (SB 3096/PA 99-0801): Requires AG, IL LETS and ISP to develop guidelines on reporting sexual assault and sexual abuse to law enforcement agencies.
• Domestic Violence Psychology Training (HB 5538/PA 99-0810): Law enforcement agencies shall develop arrest procedure policies for domestic violence situations, with training for new recruits and every five years.
• Expungement of Juvenile Records (HB 5017/PA 99-0835): Allows people with juvenile records to petition for their expungement at any time and requires the court to grant the request automatically if the person was never charged, if the charges were dismissed, if the person was found not delinquent, if the person was given supervision and completed it successfully or if the offense (if committed by an adult) would have been a Class B or C misdemeanor or a petty or business offense.
• Presumptive Probation (SB 3164/PA 99-0861): Changes the prison terms for people without priors if they were convicted of a Class 3 or 4 felony.
• Guilty Pleas (HB 2569/PA 99-0871): Provides that if the defendant pleads guilty the plea shall not be accepted until the court explains maximum and minimum penalty provided by law, any possible increased sentence for prior conviction or future conviction and any possibility of consecutive sentences, any registration requirement that accompanies the plea and the restrictions associated with the registration, and the consequences of the plea on a defendant's ability to apply for housing/obtain a job/obtain a driver's license/possess a firearm.
• Inmate Payphone Pricing (HB 2569/PA 99-0871): Limits rates for telephone usage by inmates at prisons and prohibits payment of additional fees or profits to phone companies that provide those services.
• Minors Charged With Homicide Counsel (SB 2370/PA 99-0882): Requires minors under the age of 15 charged with murder or sexual assualt must be represented by counsel throughout interrogation.
• Illinois Wage Assignment Act (SB 0210/PA 99-0585): Allows employees to revoke a wage assignment at any time by submitting written notice to a creditor.
• Bath Salts Prohibition (SB 0210/PA 99-0585): Bans the sale of "bath salts" and allows local governments to revoke a retailer's license if a violation occurs.
• Bail Payments ((SB 2252/PA 99-0618)): Requires police to accept currency for cash bail or bail deposits.
• State Police Citations (HB 6010/PA 99-0656): The offense of vehicular endangerment includes striking a motor vehicle by causing an object to fall from an overpass in the direction of a moving vehicle with the intent to strike a motor vehicle while it is traveling upon a highway in this state.
• Requires DCFS to file case plans every 6 months after a minor has been appointed to a guardian; Requires IDJJ to notify the court of a critical incident involving a youth committed to the dept within 10 days (HB 0114/PA 99-0664).
• Criminal Racial Data (HB 1437/PA 99-0666): Requires the Illinois Criminal Justice Information Authority to report the number of persons arrested and released without charging, and the racial and ethnic composition of those persons.
• Currency Evidence (SB 0211/PA 99-0685): Allows a photocopy of currency used in an undercover investigation to be used as evidence in court instead of the currency itself.
• Establishes a pilot program for the Supreme Court to begin accepting petitions for temporary orders of protection electronically (HB 6109/PA 99-0718).
• Electronic Orders of Protection (HB 6109/PA 99-0718): Adds traffic offense and class 4 felony violation of the Controlled Substances act to the Accelerated Resolution Program (Rocket Docket) and extends the repeal of the program to June 30, 2019.
• Hearsay Intellectual Disability (SB 3106/ PA 99-0752): Expands the definition of people with intellectual disabilities in the criminal code when hearsay exceptions are provided. .
• Requires that the Chairperson of the Recyclable Metal Theft Task Force appoint a representative of a local exchange carrier doing business in Illinois as one of its public members (HB 3363/PA 99-0760).
• Home Association Technology (HB 5696/PA 99-0612): Defines "acceptable technological means.”
• Trust Property Title Recording (SB 2842/ PA 99-0743): Requires that the transfer of real property to a trust have a transfer of legal title to the trustee.
• Amends the Illinois Human Rights Act to increase the amount of civil penalities for civil rights violations related to real estate transactions (HB 4562/PA 99-0548).
• Uniform Disposition of Unclaimed Property Act (SB 2783/PA 99-0577): Considers Unclaimed property abandoned after 5 yrs.
• Cosmetology-Domestic Violence (HB 4264/PA 99-0766): Imposes domestic violence education requirements on those seeking barber/hair stylist/cosmetologist licensure.
• Egg Candling (HB 6287/PA 99-0732): Provides that no egg shall be offered for sale for consumers use 45 days or more after candling.
• Illinois Administrative Procedure Act ( HB4715/PA 99-0586): Allows courts to fine public bodies between $2,500 and $10,000 if they willfuly and intentionally failed to comply with FOIA and also allows for a $1,000 daily fine if the public body fails to comply with the court's order after 30 days; if public body fails to act within 30 days to address FOIA, presumed to have willfully failed to comply .
• Creates the Sex Offenses and Sex Offender Registration Task Force (HB 5572/PA 99-0873).