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 1808 (Eavesdropping) and House Bill 5434 (Post-judgment Collection of debts). More information on each bill is available below the video.

Victims' rights constitutional amendment. 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. If passed, it would go on the ballot this November for Illinois citizens to approve or disapprove. HJRCA 29 was scheduled for hearing today in House Judiciary Committee, but it looks doubtful whether it will pass. But the proponents still have the rest of the day to try to pass it.

Eavesdropping. Senate Bill 1808 (Nekritz, D-Northbrook) creates an exemption from prosecution for eavesdropping. It allows a citizen to record a law enforcement officer performing public duties in a public place. “Public place" means any place to which the public has access and includes, but is not limited to, streets, sidewalks, parks, and highways (including inside motor vehicles), and the common areas of public and private facilities and buildings. It passed out of House Judiciary Committee I yesterday.

Post-judgment Collection of debts. House Bill 5434 (Williams, D-Chicago; Haine, D- Alton) changes and clarifies procedures for body attachments and citations to discover assets against natural persons as follows. (1) Requires a citation to be served by personal service or abode service as provided in Supreme Court Rule 105 and include a copy of the statutory Income and Asset Form created by this bill. A debtor may still be examined if he or she didn’t complete or bring the form. (2) Prohibits a payment order from being issued against a person unless the form was served on the debtor, the debtor has an opportunity to assert exemptions, and the payments are from non-exempt sources. (3) If upon examination the court determines that the debtor does not possess any non-exempt income or assets, then the citation must be dismissed. (4) No order of body attachment or other civil order for the incarceration may be issued for a respondent to answer to a charge of indirect civil contempt unless the respondent has first had an opportunity, after personal service or abode service of notice as provided in Section 2-203, to appear in court to show cause why the he or she should not be held in contempt. This is on second reading in the Senate.