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The
death-penalty reform legislation (SB 472) enacts some of the reforms
recommended by the Commission on Capital Punishment and creates the
Capital Punishment Reform Study Committee to continue review. The
Governor had recommended changes to this legislation, but the
Legislature overrode his veto and addressed his concerns in a separate
bill.
The
legislation provides defendants with greater access to DNA testing and
police evidence. It reduces the number of crimes that are death-penalty
eligible and prohibits the execution of persons with mental retardation.
The measure also allows judges to file dissents on jury verdicts.
A new law
also will bring sweeping new changes to the Open Meetings Act in
Illinois. Senate Bill 1586 requires a public body to make a verbatim
audio or video recording of closed meetings. The new law only allows
public access to the recordings through legal action. The recording can
only be destroyed if the public body notifies or gets approval from the
record commission or state archivist no less than 18 months after the
meeting.
Another new
law requires payment of state compensation and benefits to full-time
state employees while on active duty with the Illinois National Guard,
United States Armed Forces reserves, or Illinois State Militia reserves.
Many state employees are serving overseas on active military duty, and
under the legislation, they would be paid their base salary by the
state, minus the amount of their active duty pay.
Also, a new
law (HB 32) creates the State Agency Web Site Act and provides that
state agency Web sites may not use permanent “cookies” or any other
invasive tracking programs that monitor and track Web site viewing
habits.
In addition,
the legislation creates an “Internet Privacy Task Force” consisting of
17 members, with each legislative leader appointing two members and the
Governor appointing nine computer technology experts. The Task Force
will explore the technical and procedural changes needed in the state’s
computing environment to ensure that visits to state Web sites remain
private and identify any threats to privacy from Internet users.
Other
additional laws taking effect include:
Crime
Child passengers (SB 52) – Increases the age for mandatory
child-passenger restraint systems from 4 to 8.
Teen-age passengers (SB 58) –Limits the number of teen-age passengers
for the first six months a 16-year-old or 17-year-old has a driver’s
license.
Underage drinkers (HB 3528) – Expands the litigation rights of
individuals harmed by underage drunk drivers.
Motorcycles (HB 499) – Requires that teen-agers younger than 18
successfully complete an approved motorcycle training course in order to
drive a motorcycle.
Construction zones (HB 3215) – Makes it a Class 2 felony to drive
recklessly in construction zones.
DUI locking devices (SB 1199) – Allows a judge to require ignition
interlock devices for release on bond.
DNA collection (SB 280) – Allows authorities to contract with third
parties to collect DNA samples from prisoners. Gives authorities the
right to employ “reasonable force” to collect DNA samples from unwilling
prisoners.
Elder abuse (HB 51) – Prohibits persons convicted of abuse or neglect of
an elderly person from benefiting financially from the death of the
elderly person. (HB 85) – Expands the responsibilities of the Department
on Aging to include education and warning programs on elder abuse;
increases disciplinary penalties on mandated reporters who willfully
fail to report suspected elder abuse. (HB 87) – Provides for the
creation of an elder abuse training program for government agencies;
requires physicians or dentists who willfully fail to report elder abuse
to be referred to a disciplinary board.
Home repair fraud (SB 240) – Makes it a Class 2 felony to commit home
repair fraud against senior citizens in an amount exceeding $500.
Sex offenders (HB 3556) – Establishes evaluation requirements for sex
offenders.
Meth (SB 1793) – Increases penalties for manufacturing methamphetamine
if children are present or endangered during production of the drug. (SB
1578) – Makes persons convicted of methamphetamine manufacturing liable
for paying costs associated with sending emergency responders to their
lab.
Gang crimes (HB 506) – Gives courts the right to prohibit defendants
from associating with known gang members as a condition of their bail or
release, if the defendant committed a gang-related crime.
Prostitution sentencing (HB 2478) – Gives victims of
prostitution-related crimes the chance to give impact statements at the
sentencing of prostitutes and related offenders.
Domestic battery (HB 2525) – Makes domestic battery a Class 4 felony if
the defendant has any prior, similar conviction under the law of another
jurisdiction.
Abandoned vehicles (HB 298) – Provides that the owner (rather than the
driver) of a vehicle is responsible for paying fines, charges and costs
on an abandoned vehicle.
Fleeing police (HB 92) – Increases penalties for eluding or fleeing
police if the offender runs two or more traffic lights.
Violent fans (SB 1915) – Addresses the increasing incidence of violent
sports fans by creating the new felony offense of Criminal Trespass to a
Place of Public Amusement.
Gender violence (HB 536) – Allows violent-crime victims to sue their
attacker if the crime was committed on the basis of a person’s gender.
Sex crimes (HB 571) – Requires jail time for cases of criminal sexual
assault committed by family members.
Left-lane driving (HB 1574) – Limits left-lane driving to passing,
safety situations, and situations that do not cause traffic congestion.
Corporate fraud (HB 3053) – Holds corporate executives accountable for
fraudulent activity.
Police cars (HB 136) – Prohibits anyone from operating a vehicle bearing
the equipment or markings of police authority, unless the vehicle is an
authorized emergency vehicle.
Business
Minimum wage (SB 600) –
Increases the minimum wage to $6.50 gradually until 2005, which raises
concerns about the impact this will have on job creation and economic
development.
Equal pay (SB 2) – Requires equal pay for men and women doing the same
jobs with the same qualifications.
Slave insurance (HB 2379) – Requires the Department of Insurance to
obtain information from Illinois insurers about any records of slave
holder insurance policies the insurer or predecessor corporations made
during the slavery era. The Department must make this information
available to the public.
Agriculture production contracts (HB 264) – Sets forth requirements for
the format of agricultural production contracts.
Free trials (HB 1632) – Requires consumer notification and the
opportunity to cancel when a free trial period ends for a telemarketing
offer.
Daycare pest control (SB 1079) – Makes licensed daycare centers subject
to provisions of the Structural Pest Control Act with regard to the
application of pesticides.
Free speech (SB 679) – Prohibits employers from restricting employees
from speaking a foreign language in communications unrelated to the
employee’s duties.
Credit card protection (HB 259) – Prohibits credit card receipts from
revealing the credit card number or expiration date, except for the
card’s last four digits.
ATM victims (SB 562) – Permits ATMs to be equipped with reverse PIN
technology that would summon the police when the PIN is entered
backwards.
Small businesses (HB 3209) – Compels state agencies to post on the
Internet all new rules and regulations affecting small businesses.
Motor sports promotion (SB 1743) – Creates the Motor Sports Promotion
Task Force to research and make recommendations regarding the creation
of a council to study the state’s motor sports racing industry.
Antitrust violations (HB 3468) – Increases the penalty for violating the
Illinois Antitrust Act by a corporation from $100,000 to $1,000,000, and
for a violation by any other person from $50,000 to $100,000.
Cord blood (HB 1843) – Allows mothers to donate their newborn child’s
umbilical cord to a cord blood bank for public donation.
Identity theft (HB 2188) – Establishes procedures for identity theft
victims to require police investigations of their complaints and to
obtain court orders clearing their names where a thief has used their
identities to engage in fraudulent credit or other transactions.
Spam (HB 2972) – Requires unsolicited e-mail (spam) to list a toll-free
number or return e-mail account for those who want to stop receiving
these e-mails.
Mail fraud (SB 329) – Makes it illegal to mail a postcard or letter
asking a consumer to call a telephone number that will offer to sell
them merchandise.
Child protection (SB 404) – Prohibits the sale or purchase of
information concerning an individual known to be a child without
parental consent.
Domestic violence victims (HB 3547) – Prohibits discrimination against
domestic violence victims purchasing or renewing property and casualty
insurance.
Education
Tuition freeze (HB 1118) – Freezes the undergraduate tuition rate
for students who first enroll in Illinois public universities after the
2003-04 school year.
Asian history (SB 890) – Requires Asian history be included in public
school study.
Prison tours (SB 1107) – Requires the Chicago Board of Education to
establish a pilot program to develop guidelines to identify students at
risk of committing crimes and requiring them to tour a prison to
discourage criminal behavior.
Homework (SB 891) – Requires ISBE to post homework help strategies for
parents on the Internet.
Cigarette sales (SB 1030) – Prohibits the sale or free distribution of
cigarettes from a lunch wagon within 1,000 feet of any public or private
school grounds.
School boards (HB 338) – Forbids child sex offenders from serving as
school board members.
Teacher mentoring (SB 533) – Requires public schools to develop teacher
induction and mentoring programs to help new educators succeed in the
classroom.
Driver training schools (HB 1491) – Prohibits public schools from
contracting with a driver training school unless the driver training
school is licensed by the Secretary of State.
Higher education (HB 2805) – Requires one of the 10 members of the
Illinois Board of Higher Education to be a faculty member at a public
university.
Health
Home-delivered meals (SB 1190) – Specifies that every Illinois
citizen who qualifies for home-delivered meals under the federal older
Americans Act will be provided services, subject to appropriation.
Tongue splitting (HB 3086) – Prohibits anyone other than a doctor or a
dentist from performing “tongue splitting.”
Diabetes screenings (SB 1081) – Requires the Department of Health to
specify that a diabetes screening must be included as a required part of
each school health examination.
Hospital report cards (SB 59) – Creates the Hospital Report Card Act and
establishes guidelines for hospital evaluations and reporting
requirements.
Nutrition outreach (SB 76) – Creates an outreach program within the
Department of Public Health to get people enrolled in federal food
assistance and nutrition programs.
Lead poisoning (HB 3229) – Creates the Lead-Safe Housing Advisory
Council to recommend standards for lead-safe housing.
Folic acid (HB 275) – Requires the Department of Human Services, in
consultation with the Department of Public Health, to conduct a public
information campaign to educate women about the benefits of the
consumption of folic acid before and during pregnancy.
Medicaid (HB 293) – Requires all financially eligible applicants and
recipients of state senior services to apply for Medicaid.
Contraceptives (HB 211) – Requires coverage for contraceptive drugs and
devices and outpatient contraceptive services.
Lead poisoning (HB 207) – Requires doctors to screen children for lead
poisoning during the school health exam if they think the children are
at risk.
Vision exams (SB 805) – Encourages parents to have their children
undergo vision exams (as well as the current dental exam) at the same
time that the child undergoes health examinations for school.
Government
Whistleblower act (SB 1872) – Prohibits employers from taking steps
to prevent their employees from disclosing information about activities
the employee believes are in violation of state or federal laws.
Lobbyists (HB 2205) – Requires lobbyists to provide a copy of their
expenditure reports to each official listed in it at least 25 days
before filing the report.
Prison commissaries (SB 629) – Allows the state to increase its prison
commissary profit margin.
Volunteer fire fighters (SB 524) – Allow the board of trustees of a fire
protection district to award monetary incentives, not to exceed $240 per
year, to volunteer firefighters of the district.
Juneteenth (SB 1028) – Designates the third Saturday in June of each
year as Juneteenth National Freedom Day to commemorate the abolition of
slavery throughout the United States.
False fire alarms (HB 116) – Gives township boards the go-ahead to
charge civil penalties against individuals who repeatedly cause false
fire alarms.
Forced labor (HB 102) – Requires that every state contract seeking the
procurement of equipment and materials must specify the goods were not
produced by forced, convict or indentured labor.
Veteran’s plate fees (HB 1389) – Reduces the fee paid for renewal of
veterans’ license plates.
State snack food (SB 185) – Designates popcorn as Illinois’ official
state snack food.
Military records (SB 715) – Makes military discharge records only
accessible to the person named in the document, dependents, or veterans
organizations to protect against identify theft.
Flag display (SB 1147) – Prohibits homeowners’ or condominium
associations from prohibiting the display of the American Flag.
Library foundation (SB 383) – Creates the Illinois State Library
Foundation as a not-for-profit foundation promoting programs to enhance
statewide library awareness, and help secure private library grants.
Public funds accountability (HB 3142) – Requires each state agency to
make information available on the Internet concerning the investment of
any public funds held by that agency.
Prison expenses (SB 1751) – Streamlines the process of the state
recovering expenses from an inmate for his or her incarceration.
Adoption (HB 3552) – Does not require paternal consent for adoption if
the child was conceived during sexual assault. |
