ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers Senate Bill 3792 (Mechanics Lien Act), Senate Bill 3359 (Sex offenders), Senate Bill 2953 (Recording of title instruments), Senate Bill 2952 (Statute or repose for attorneys), Senate Bill 3823 (Sanctions for visitation violations) and Senate Bill 3234/House Bill 4695 (Debtors' Prisons). More information on each bill is available below the video.

Mechanics Lien Act. Senate Bill 3792 (Althoff, R-Crystal Lake) requires that the work be done or the material furnished: (1) within three years from the commencement of the work or the furnishing of the material for owner-occupied residential property; and (2) within five years for any other kind of property. This new law would sunset in three years. Passed out of Senate Judiciary Committee this week and is on second reading in the Senate.

Sex offenders. Senate Bill 3359 (Haine, D-Alton) lengthens the registration periods for juvenile and adult sex offenders and also requires re-registration four times a year instead of once. It’s an attempt for Illinois to comply with the federal Sex Offender Registration and Notification Act (SORNA) or risk losing Byrne grant funding (estimated to be $800,000 but is reduced every year.) This sounds great but no one believes that it will improve public safety but cost far more to implement that $800,000. Only 16 states have complied with SORNA; states left and right are refusing to do so because of the cost and the belief that their own laws are better. Passed out of Senate Judiciary Committee this week and is on second reading in the Senate.

Recording of title instruments. Senate Bill 2953 (Althoff, R-Crystal Lake) changes the provisions concerning the effect of recording deeds, mortgages, and other instruments. Provides that those provisions also apply to the recording of assignments, mortgage releases, mortgage modifications, land equity loans, liens, lis pendens, memoranda of judgment, and other instruments in writing that affect interests in real property. Provides that these deeds and title papers are void until recorded (instead of void until recorded as to creditors and subsequent purchasers).

Statute of repose for attorneys. Senate Bill 2952 (Rezin, R-Peru) creates an exception to the statute of repose for attorney malpractice that currently limits actions to no later than six years after the date on which the attorney's act or omission occurred. The exception is if the client is still represented by the attorney or the attorney knowingly conceals the act or omission. If that occurs, the limitation does begin to run until the person is no longer represented by the attorney or until the client should have known of the injury.

Sanctions for visitation violations. Senate Bill 3823 (Sullivan, D-Rushville) authorizes a judge to impose sanctions for visitation abuse similar to those that may be imposed for failing to pay child support, such as suspension of an offender’s driver’s license. It passed out of Senate Judiciary Committee this week and is on second reading in the Senate.

“Debtors’ Prisons” are the subject of several bills, and one that may move is either Senate Bill 3234 (Haine, D-Alton) or House Bill 4695 (Jackson, D-E.St. Louis). An amendment is being drafted by the Attorney General’s Office and may end up on one or both of these bills. The draft seems to be a reasonable amendment to the procedure for body attachments that provide more notice and protection before they are issued.