ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers HJRCA 29 (victims' rights), Senate Bill 2894 (Public guardians), Senate Bill 3792 (Mechanics Lien Act) and Senate Bill 3823 (Sanctions for visitation violations). More information on each bill is available below the video.

HJRCA 29 (Lang, D-Chicago; Steans, D-Chicago) amends the Illinois Constitution to create standing for victims to participate in criminal proceedings as a party. It will be on the ballot this November for Illinois citizens to approve or disapprove after if the House passes it. It expands several of the ten current rights and creates three new ones.

Specifically, HJRCA 29 creates the following rights for victims:

(1) The right to be free from “harassment, intimidation, and abuse” throughout the criminal justice process. Currently Section 8.1 requires that victims be treated with fairness and respect for their dignity and privacy.

(2) The right to refuse to disclose to the defendant information that is privileged or confidential by law, as determined by a court of law with jurisdiction over the case.

(3) The right to confer (instead of communicate) with the prosecution.

(4) The right to be heard at any post-arraignment court proceeding in which a right of the victim is at issue and any court proceeding involving a post-arraignment release decision, plea, or sentencing. Currently victims have a right to make a statement to the court at sentencing.

(5) The right to have access to information in a report related to any aspect of a defendant’s sentence when available to the defendant as the General Assembly may provide by law.

(6) The right to be notified of the conviction, the sentence, the imprisonment, and the release of the accused.

(7) The right to have the safety of the victim and the victim's family considered in denying or fixing the amount of bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction.

Public guardians. Senate Bill 2894 (Silverstein, D-Chicago) requires the Illinois State Guardian to be appointed over the various county public Guardians if the current county public guardian's term has expired or upon expiration of the current county public guardian's term. Also creates a set of fees to be imposed against probate litigants for opening estates, filing accounts, and filing claims to fund the State Guardian. Scheduled for hearing next week in Senate Judiciary Committee.

Mechanics Lien Act. Senate Bill 3792 (Althoff, R-Crystal Lake) requires work to be done or materials furnished within three years for residential property and five years for any other kind of property. Senate Bill 3792 is to repeal January 1, 2016, and the law reverts to three years for all property. Scheduled for hearing next week in House Judiciary Committee I.

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 House Judiciary Committee this week and is awaiting final passage in the House.