Newsletter

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Some relevant new laws that may affect you.


72-Hour Waiting Period SB 3256/PA 100-0606


Establishes a 72-hour waiting period on all firearms. The current exemption from the waiting period requirements for the sale of firearms to a nonresident of Illinois while at a recognized gun show is eliminated. A violation of this provision is a Class 4 felony.


Firearms Restraining Order HB 2354/PA 100-0607


Creates the Lethal Violence Order of Protection Act. A family member may petition court for a "firearms restraining order;" and if issued, prohibits respondent from purchasing, possessing, or receiving any firearm.


DUI Sentencing Factor HB 4554/PA 100-1053


Provides that it is an aggravating factor in sentencing if a defendant committed the offense of driving under the influence of alcohol, drugs, or any combination of intoxicating compounds, if his or her vehicle was travelling down a one-way street in the opposite direction.


Synthetic Cannabis, Bath Salts and Piperazines Make Schedule 1 List SB 2341


Adds synthetic cannabinoids, piperazines and cathinones, not approved by the FDA, to the list of Schedule controlled substances.


Rear- Facing Car Seat HB 4377/PA 100-0672


When transporting a child under 2 years of age in a motor vehicle, the child must be properly secured in a rear-facing child restraint system (unless the child weighs 40 or more pounds or is 40 or more inches tall).


Stalking Expanded SB 3411/PA 100-1000


Expands stalking behavior to include unwanted messages via social media. Also includes language stating the Petitioner of the stalking no contact order can be an authorized agent of a place of employment, an authorized agent of a place of worship, or an authorized agent of a school.


Reckless Dog Owner Penalties SB 2386/PA 100-0971


Courts are allowed to confiscate dogs of reckless dog owners and to set penalties. Confiscation of dogs from those owners may range from 12 to 36 months for the first violation.


Out-of-State Vehicle Liability insurance HB 4472/PA100-0828.


Provides that no person shall operate a motor vehicle registered in another state upon the highways of Illinois, unless the vehicle is covered by a liability insurance policy issued by the state where the vehicles is registered. Operator of the vehicle is required to carry evidence of the insurance within the vehicle.


School Law Enforcement Drills SB 2350/PA 100-0996.


Requires active shooter/threat school safety drills be conducted within 90 days of the start of the school year. Requires drills be conducted on days when students and staff are in the building and that students and staff participate in the drill. Requires law enforcement observe the drill.


Expansion of Protective Orders HB 4796


Amends the Illinois Domestic Violence Act of 1986 and the Protective Orders Article of the Code of Criminal Procedure of 1963. To the list of protected persons, adds any of the following persons abused by a family or household member of a child: (1) a foster parent of that child if the child has been placed in the foster parent's home by the Department of Children and Family Services or by another state's public child welfare agency; (2) a legally appointed guardian or legally appointed custodian of that child; (3) an adoptive parent of that child; or (4) a prospective adoptive parent of that child if the child has been placed in the prospective adoptive parent's home pursuant to the Adoption Act or pursuant to another state's law. Includes these persons in the list of persons permitted to file a petition for an order of protection. Provides that, for purposes of the provisions of the amendatory Act, individuals who would have been considered "family or household members" of the child before a termination of the parental rights with respect to the child continue to meet the definition of "family or household members" of the child.


LEGISLATION FOR TRAFFIC, DUI, AND SECRETARY OF STATE HEARINGS


Several new laws go into effect relating to traffic violations, Secretary of State Hearings and Driving Under the Influence offenses. These changes will have significant impact on Illinois drivers. Many of these laws increase the use of Breath Ignition Interlock Devices commonly called a BAIID. The Secretary of State is currently preparing new administrative rules regarding the increased issuance of BAIID’s that are monitored by one of nine companies contracted by the State. A camera to photograph who blows into it and keeping a detailed log of all the breath tests taken is required.


1. Removal of Thirty Day Hard Time with a Summary Suspension (PA 99-467, SB-0627)


Previously, for a “first offender” Summary Suspension, there was a thirty day period of hard time before they could install a BAIID pursuant to an MDDP permit that allows unlimited and unrestricted driving. That thirty day hard time has now been eliminated and a MDDP with a BAIID can be obtained from the start date of the Summary Suspension, which is 46 days following the arrest. The start date will vary for a blood draw. If eligible, an MDDP permit is granted through an application sent in the mail to the Secretary of State and does not require a hearing.


2. One year Hard Time Removed and Five Minimum Use of BAIID Required (PA 99-467)


Previously, a person convicted of two or three DUI’s had to wait for one year period of hard time to apply for an RDP. This one year period has been removed and they can now petition for an RDP immediately upon revocation. The BAIID will be required for a minimum period of five years following a second offense and ten years for a third offense of any type of DUI. They cannot apply for full reinstatement until they have been issued an RDP, and used it for the specified period without suspension, cancellation, revocation or a violation of a BAIID regulation and after their eligibility date has passed.


3. May Apply for a Restricted Driving Permit following a Three year Summary Suspension (PA-296, HB-3533)


Previously, an offender following a DUI arrest, who refused to take a breath or blood test and had prior Summary Suspension or DUI disposition within five years, was issued a three year suspension with no relief available. Even with a not guilty or dismissal on the DUI, if the Summary Suspension was upheld, there was no permit allowed for three years. Now, the driver can petition through a Formal hearing, for an RDP with a BAIID. Defense attorneys must be cognizant that if the driver is convicted and subsequently revoked for the underlying DUI, the standard RDP rules above will apply. A petition for an RDP during a three year Summary Suspension will likely occur if there was a finding of not guilty or a dismissal of the DUI. A Formal Hearing will be scheduled only after Summary Suspension is in effect.


4. Warnings to Motorist (PA 99-467, SB-0627)


A person requested to submit to a BAC test following an arrest for DUI test shall acknowledge in writing receipt of the Warning to Motorist. If he refuses to acknowledge receipt the police officer shall make a written notification that the person refused to sign the waning. A refusal to sign shall not be evidence that he was not read the warning.


Eligibility Dates for DUI Based Permits and Reinstatement


For a Restricted Driving Permit, following DUI conviction(s) a petitioner may petition for a hearing pursuant to the below guidelines. A permit is only allowed for employment, medical care, support group, community service and/or education. Absent an existing Summary Suspension or other type of revocation or administrative hold, the eligibility dates for an RDP following a DUI conviction(s) are as follows:


First, second or third conviction: Immediately after revocation entered Fourth or more: Five years after the revocation date or upon release from imprisonment, whichever is later.


For Full Reinstatement a person is eligible pursuant to the below dates. The eligibility date is located on the Notice of Revocation sent by the SOS or on their driving abstract. However, in practice, although eligible for full reinstatement the SOS will likely first grant an RDP prior to granting full reinstatement. These dates will be extended by a subsequent conviction for Driving While License Revoked or other moving violations.

  • First conviction: One year
  • Second conviction: Five years, if second conviction occurred within 20 years.
  • Third conviction: Ten years regardless of date of offenses
  • Fourth or more: Never, but a permanent RDP can now be granted. For Out of State Petitioners, a ten year period is required

For a Defendant who is under 21 years old the dates are:

  • First conviction: Two years
  • Second Conviction: Five years or until his 21st birthday whichever is longer
  • Third offense: Ten years
  • Fourth conviction: Never, but a permanent RDP can now be granted. For Out of State Petitioners there is a ten year period.


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