New laws take effect Jan. 1

[December 27, 2010]  SPRINGFIELD -- Nearly 200 new laws are scheduled to go into effect Jan. 1, among them pension reforms for most new public employees, limits on campaign contributions, joint nomination of candidates for the offices of governor and lieutenant governor in primary elections, and changes to laws regarding the use of red-light cameras, according to state Sen. Bill Brady, R-Bloomington.

Also of note is legislation requiring mandatory imprisonment for aggravated weapons convictions, a measure targeting "sexting" and a number of new measures to stiffen penalties for sex offenders.

One of the most important new laws to pass the General Assembly in 2010 is bipartisan pension reform. Senate Bill 1946 (PA 96-0889) will not change benefits for existing public employees, but new employees will be subject to a higher retirement age, limits on cost-of-living adjustments when they retire and an imposed ceiling on the maximum earnings that can be counted toward their pensions. No additional benefits will accrue for salaries above the current Social Security maximum level of $106,800 (inflation-adjusted).

Illinois will impose campaign contribution limits beginning in January. Senate Bill 1466 (PA 96-0832) limits political contributions for individual candidates to $5,000 from individuals and $10,000 from corporations, labor unions and trade associations. While applauding the intent of the legislation, Republicans said the measure allows unlimited campaign contributions from political party leaders in the general election. A related measure, House Bill 4821 (PA 96-1263), corrects errors in the original bill affecting the duties of the State Board of Elections.

House Bill 5820 (PA 96-1018) requires the governor and lieutenant governor to run as a team in the general primary election.

Also beginning Jan. 1, Senate Bill 935 (PA 96-1016) mandates all red-light violations be reviewed by a police officer, retired police officer or technician not employed by the same company that runs the cameras, and prohibits the ticketing of a vehicle that comes to a complete stop without entering the intersection. It also directs that an image of the violation must be made available on the Internet, and any municipality or county that uses red-light cameras must provide notice to the public by posting the locations of the cameras on the official website. Finally, a safety impact study must be undertaken to assess the number of accidents at the intersection.

A new law targeting gun violence will increase penalties for aggravated unlawful use of a weapon. House Bill 5832 (PA 96-1107) requires mandatory imprisonment of one to three years for an individual who was 18 years or older, who did not have a valid FOID card and who possessed a loaded and uncased firearm. The penalties would also apply to those who are caught in possession of an unloaded, uncased firearm with ammunition accessible, if they do not have a valid FOID card. Currently, individuals could see one to three years in prison and a $25,000 fine. The new law will make imprisonment mandatory.

House Bill 4583 (PA 96-1087) targets the growing social issue of "sexting," a trend where explicit photos or video are sent via cell phone or e-mail to someone else. The bill is aimed at people younger than 18, as sexting has become increasingly problematic in that age group in recent years.

Currently, little could be done to address sexting aside from pursuing felony child pornography charges, which prosecutors are reluctant to do. House Bill 4583 seeks to create a middle ground by stipulating that a minor who electronically sends an indecent image of another minor can be brought into juvenile court for a proceeding to determine if they are a minor in need of supervision. If the young person is found to be in need of supervision, he or she could be ordered into counseling or other supportive services. They may also be ordered to complete community service.

At least eight new laws focus on sexual predators and sex crimes. Most are clarifications designed to close loopholes, increase restrictions on known sex offenders or impose additional penalties, such as Senate Bill 1020 (PA 96-1390), which gives judges discretion to impose longer terms on offenders who prey on victims younger than 18 who are under the influence of alcohol at the time of the crime.

For a list of other bills that will become law Jan. 1, click here.

[Text from file sent on behalf of Sen. Bill Brady by Illinois Senate Republican staff]