Here is a sample of the Illinois State Statues that were passed for the year 2013. A number of the statues deal with criminal offenses, civil law and health issues.

If you want to inquire further about these statues please call my office to discuss your case or issues

Criminal Law

Bill # HB 1154 - Expands the circumstances under which a person can be charged with a Class A misdemeanor for allowing underage drinking on his or her property.

HB 4081 - Using a listening device to eavesdrop on a conversation between a suspect and an undercover officer in the course of a drug investigation is not a crime when the State’s Attorney has determined there is reasonable cause to believe a drug related offense is about to be committed.

HB 4863 - Allows a driver’s vehicle to be seized and forfeited if the driver’s license has been suspended or revoked in another state for a DUI, leaving the scene of an accident resulting in injury or death, reckless homicide or statutory summary suspension (previously the law provided for seizure and forfeiture only for driving on a license that had been suspended or revoked in Illinois).

HB 5056 - Makes it a crime to use a deceased person’s disabled parking placard or plate.

SB 2520 - Removes the family member exemption from prosecution for actively aiding a fugitive. Only minors are now exempt from the statute. Actively aiding a fugitive is a Class 4 felony.

SB 3349 - Creates a diversion program for first-time, non-violent offenders; offenders must comply with all conditions of probation and make restitution when applicable; upon successful completion of the program, record can be expunged immediately. Requires a court order and the consent of the State’s Attorney.

SB 3423 - Allows first-time meth offenders who possess 15 grams or less to seek supervised treatment and probation rather than criminal charges.

Civil Law

HB 4028 - Shortens the waiting period to petition for adoption when the birth parent has consented to the adoption, strengthens requirements for notifying birth parents of the status of adoption proceedings, makes other changes to adoption and child welfare law.

SB 2847 - Allows for individual liability under the Equal Pay Act so a company cannot evade a judgment or award by dissolving itself.

Health

SB 0679 - Requires that health insurance plans may not declare individuals diagnosed with autism spectrum disorders ineligible for coverage solely because of changes in diagnostic criteria subsequent to enrollment in a plan.

SB 2876 - Allows certain religious groups who participate in not-for-profit medical sharing arrangements to waive certain insurance regulations.

HB 5050 - Allows post-surgical recovery care centers to discharge patients in fewer than 24 hours, administer blood products and offer sleep laboratories.

For a complete list of 2013 Illinois Statues go here

The Illinois Prisoner Review Board (Board) provides guidelines for executive clemency in Illinois.

There are situations in which no petition may be accepted.  For instance, no petition will be accepted for review within one year of the date of the denial of a prior petition on behalf of the same individual. Also, a clemency petition may be withheld if essential relevant information has not been received by the Board.

An executive clemency petition must be typewritten, and a narrative that includes the following

(1) Information on the convictions for which clemency is being sought such as:

• offenses, counties of conviction, case numbers, sentences, time served, dates of discharge.
• whether convictions were the result of jury verdicts, bench trials, or guilty pleas. A guilty plea is when a person admits to guilt.  A bench trial is a court trial without a jury.  A jury verdict is when laypersons take part in the conviction.  A defendant in a criminal case cannot be convicted if the defendant has defenses to a crime.
• status of any pending court appeals.

(2) Name under which petitioner was convicted, any aliases, the social security number, and the state prisoner number.

(3) Statement of the facts of the offenses, such as dates and places.

(4) Criminal history that includes every situation in which the petitioner was arrested for or charged with any offense in any jurisdiction, except for minor traffic violations, and the outcome of each criminal charge.

(5) Personal life history that includes date and place of birth, educational, employment, marital status, and military service.

(6) Reasons for seeking clemency and the type desired (commutation, pardon, expungement, amnesty, or reprieve).

At the end of the petition, the petitioner must include: “I declare under penalty of perjury that all of the assertions made in this petition are complete, truthful and accurate.” The petitioner must sign statement, and have it sworn before a notary public.

Speak to a criminal defense attorney in Waukegan, IL to learn how to prepare a clemency petition and prove eligibility.

The United States Supreme Court described the purpose of the clemency power in Ex parte Grossman, 267 U.S. 87, 120–21 (1925).  The administration of justice by the courts is not necessarily always wise or considerate of circumstances which may mitigate guilt.   Mitigate means to reduce.  For instance, a person guilty of first degree murder may have a crime reduced to manslaughter.

Clemency is a check on the judiciary.  However, an executive may abuse the clemency power by accepting a bribe to grant clemency, threatening use of the clemency power to coerce the legislature into making certain policy decisions, or using clemency for personal reasons.  Because clemency is granted to the US President or Illinois governor by the US Constitution or state constitution, it is not a power that Congress or state legislature can take away.

An executive may use the clemency power for personal reasons such as to oppose the death penalty or to benefit a friend or family. The purpose of clemency is to allow the executive to change a sentence, while eliminating or reducing as much abuse as possible. For example, in Illinois, Governor George Ryan gave blanket commutation to death row inmates in 2003.  Some people think abused the clemency power.

In Illinois, applicants for clemency need to write a petition addressed to the governor and file it in the office of the Prisoner Review Board. The petitioner must include a history of the case, and the reasons for seeking executive clemency.   The Prisoner Review Board holds a hearing on the petition.  The hearing may be public.  After the hearing, the Prisoner Review Board’s recommends to the governor how to decide on the petition.  The recommendation is advisory and the governor is free to decide however the governor wants.  Some people think that because the recommendation is advisory, the governor is able to make sweeping grants of clemency.

When a governor grants a blanket commutation, it allows the governor to de facto change state laws enacted by a democratic legislature. For instance, if a state has the death penalty because the people made the death penalty the law, a governor with blanket commutation can change the legislative process.

Some criticize that in Illinois, the clemency system raises a separation of powers concern. According to Article II, section 1, of the Illinois Constitution, there is a separation of powers between the three branches of government.

Clemency means mercy or leniency.  It generally describes acts of the President or a governor in Illinois when pardoning a convicted criminal or commuting a sentence. An executive may use this power to appease society or when sentence or conviction does not seem fair.  When an executive commutes a sentence, the executive such as the Illinois governor, changes a punishment imposed by the judiciary or law to one that is less severe.

For the  US President, clemency comes from the US Constitution.  Article II, Section 2, of the United States Constitution provides the President “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”

In Illinois, clemency comes from its constitution.  The first constitution in 1818 had a clemency provision that provided the governor “shall have power to grant reprieves and pardons after conviction, except in cases of impeachment.” The Illinois Constitution of 1848, provided the governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. The later constitutions restated the clemency power, but did not do away with it.

Clemency usually includes five types of leniency:  pardon, amnesty, commutation, recission of fines, and reprieve.

A pardon is an act of forgiving someone of a crime.  The pardon comes from the governing power that mitigates the punishment demanded by the law for the offense.  A pardon restores the rights and privileges to the person who lost them as a result of the offense.  A pardon may be absolute or unconditional pardon.  This frees the criminal with no conditions.  A conditional pardon attaches a condition that must occur before the pardon becomes effective.  A partial pardon exonerates an individual from some but not all of the legal consequences or punishment for a crime.

Amnesty is defined as any governmental pardon for past offenses or crimes.  They may be granted for political crimes such as protests. Granting amnesty goes beyond a pardon.  It forgives the offense completely.  Amnesty is typically associated immigration and capital punishment.  Amnesty is generally granted before conviction.

A reprieve means to take back.  This is the withdrawing of a sentence for an interval of time so that its execution is suspended.  When a person is granted a reprieve, the individual gets temporary relief from, or postponement of, execution of a criminal punishment.  The person may still be punished later.  Reprieve refers to postponement.  For instance, a woman may get the death sentence delayed if she is pregnant.

Speak to a criminal defense attorney in Waukegan, IL to learn how to prepare a clemency petition and prove eligibility.

In 2002, Governor George Ryan in Illinois announced that he had concerns about the fairness of Illinois judicial proceedings against 160 death row inmates.  This compelled him to begin clemency review proceedings into their crimes. A special review board conducted public hearings and private reviews concerning each inmate’s case. Relatives of victims gave testimony, while attorneys for the inmates indicated troublesome charges, such as the use of torture on suspects to make them confess. In 2003, Governor Ryan granted clemency to all the death row inmates. He pardoned four inmates he believed were not guilty; the remainder of the inmates were given life sentences. Ryan concluded the legal process surrounding capital punishment had become corrupted.  He perhaps felt he had no choice but to grant clemency.

Clemency in Illinois is based on the policy of fairness, justice, and forgiveness. It is not a right for someone to be granted clemency.  When someone gets clemency, the crime is not forgotten, as in amnesty, but is forgiven and treated leniently. Clemency is similar to pardon.  It exempts a person from punishment. The lessening of the punishment stems from the offender’s good conduct subsequent to conviction

For an individual with a felony conviction on a criminal record record from the State of Illinois, the clemency process is long and involved, but it is usually the only hope of removing a felony conviction from a criminal record.  The person is unlikely to get far with an expungement petition.

Once it is determined the person’s only recourse is a clemency petition, file the petition by first collecting the necessary information from the court files.  An individual needs to submit a written clemency petition to the Illinois Prisoner Review Board.  The person has to detail the individual’s life history and the facts surrounding the conviction.  Once the petition is written, it the person files it with the Illinois Prisoner Review Board.  A person may need to appear for hearing before the Illinois Prisoner Review Board.

The Illinois Prisoner Review Board reads the clemency petitions.  After a hearing, there will be a confidential recommendation to the governor as to whether or not the petitioner should receive clemency.  The final decision involving clemency rests with the governor.  The governor has no time deadline to make a decision on clemency.

The Office of the State Appellate Defender in Illinois offers a guide on how to an Illinois Criminal Record.  In Illinois, the Criminal Identification Act (20 ILCS 2630/5 et seq.), allows qualifying arrests, supervisions and convictions to be expunged or sealed.

Generally, an expungement removes records on file in any court, detention or correctional facility, law enforcement, criminal justice agency or juvenile justice agency about an individual’s apprehension, arrest, detention, trial or disposition of an offense in the criminal or juvenile justice system. The majority of felony convictions cannot be expunged or sealed.

A person may want to expunge criminal records where the person has been arrested and not charged or not found guilty.  Once a person is arrested, the person has a criminal record.  An arrest record can show up in a background check even for a minor crime such as using an unauthorized disabled placard.  Any arrest can hurt someone’s reputation because it may convey dishonesty.

Generally, to petition for expungement of  a drug related case in Illinois, an individual has to attach proof to the petition that the person passed a drug test taken within 30 days before filing the petition. Besides expungement, a criminal record can be sealed.  The drug test should be administered by a person or agency which is willing to vouch for its authenticity in court.

A person will be required to use specific forms for an expungement petition depending on which county the person had charges brought.  The petition is filed in the county where the charges were brought.  After the petition filing, a judge decides whether the person should be granted an Expungement Order.  The person may need to appear in court.  Expungement is not automatic.  A person may try to get the Expungement Order alone, but the court system is confusing so it is best to get assistance from an experienced criminal defense attorney in Illinois.  If someone cannot afford an attorney, a bar association may referral low cost or free legal services.

Getting a criminal record expungement or seal can help someone put mistakes of the past behind so the mistakes do not haunt the person in getting a job or bettering life in some way.  There is no shame in having made a mistake so an individual should try to get an expungement of criminal records when possible.  An employer cannot ask about criminal records that are sealed or expunged.

Speak to us to learn how to prepare an expungement petition and prove eligibility.

Illinois DWI cases are also known as DUI, driving under the influence, or drunk driving. No matter what they’re referred to, if you or somebody you care for is charged with the Illinois DWI or additional driving under the influence offense, you will be well served to obtain a defense lawyer.

DWI arrests within Illinois trigger 2 different cases: the court case, where a punishment could involve fines, jail, required alcohol education classess, a suspended driver’s license, and so on. The drunk driving arrest additionally triggers an administrative driver’s license suspension which could just be fought if there’s a timely request for the hearing. It’s only a single reason it’s so important to get in touch with a DWI lawyer instantly if you or somebody you care for is charged with driving and drinking.

Although it might seem similar to double-punishment for a single crime, an Illinois Supreme Court just recently he ld that a summary suspension of the driver’s license isn’t punishment, so it doesn’t violate the American Constitution or Illinois’ double jeopardy clauses.

The first or second-time DWI will be usually charged as the misdemeanor, not the felony. But, a 3rd-time DWI, or the drunk driving case in which somebody suffers excessive bodily damage is treated like a felony.

The 1st DWI offender could get court supervision, just once, which won’t be looked upon as a conviction. A criminal case will be dismissed upon successful completion of the court supervision, yet cannot be expunged from a public record.

Convictions of DUI: Driving while underneath the influence of drugs and/or alcohol will lead to a fine of up to $2,500, criminal penalties of up to three-hundred and sixty-four days within jail and mandatory revocation of the driver’s license.

If convicted of the DUI, the driving privileges and driver’s license are revoked for 1 year for the 1st DUI offense, 5 years for the 2nd offense committed inside a twenty-year duration, and ten years for a 3rd or subsequent offense.

A DUI conviction for the ones under the age of twenty-one will result within the driving privileges being revoked for at least 2 years for the 1st DWI offense; for 5 years or until the twenty-first birthday, whatever’s longer, for the 2nd offense; and for ten years for the 3rd or subsequent offense. If you meet the conditions set by the Secretary of State, you could obtain the restricted driving permit, that’s good for one year, that usually permits driving just between 5 A.M. to 9 P.M. Following that, you could apply for the standard driver’s license. Those will be the penalties for a 1st DWI offense. For the 2nd DWI offense inside twenty years, the exact same criminal penalties will apply, the license is revoked, and you can’t apply for an additional licen se for five years. You could additionally be sentenced to forty-eight hours within jail or ten days of community service. For the 3rd conviction, which will be a class four felony, you will be imprisoned for up to three years as well as fined for up to $25,000; the license is revoked; and you can’t apply for an additional license for ten years. For the 4th offense, you will be imprisoned for up to three years, fined for up to $25,000, and could never legally drive again.

Let’s say you just came across the home or condo you have always wanted, but need a bank loan to secure it. It could be you’ve found the college you know is right for you, or have been interviewing for the job of a lifetime. These are just a few of the dreams which thousands of people strive to make real, and are dismissed on account of a previous criminal record. However, you have options.

Under certain conditions, individuals with criminal offender records might get them expunged, which basically will mean that they will be destroyed, or at the least sealed to anyone attempting to find them. In Illinois, two to four years (depending on the crime) must have passed without incident since the initial wrongdoing. It may also depend upon the seriousness of the offense, as almost all felonies, particularly those regarding inappropriate interactions with minors, can not be eradicated. Another requirement is that one needs to have completed all community service hours, sentences, fines or probation related to the crime.

What might you expect from the expungement process? So long as you meet the demands in your district, you’ll need to pay a processing fee, plus a $60 Illinois State Police fee, and fill out the mandatory forms detailing the offense and the ensuing penalties. These must be processed with your request for court assessment. If found suitable, you will be mailed a notice for an approaching courtroom date. Anyone who might have been impacted by the wrongdoing will be informed and welcome to object, but their objection does not necessarily imply your request will be dismissed.

The hearing is the time to show the judge exactly why you need your records deleted. You must also be ready to face any objections by present groups or individuals. After these arguments are considered, the judge will make his or her final decision, of which you’re alerted by mail. If your petition was successful, your record will be expunged after two months.

IL DWI may also be called DUI, drunk driving, or driving under the influence. DUI arrests in Illinois trigger two individual cases: the court case, ın which the punishment can include jail, fines, a suspended driver’s license, obligatory alcohol training courses, and more. A DWI arrest will also bring about an administrative driver’s license suspension that can only be fought if there is a prompt request for a hearing. This is merely one of the reasons it is so very important to make contact with a DWI lawyer immediately.

Though this may seem like double-punishment for one offense (a violation of the Double Jeopardy clause of the Constitution), the IL Supreme Court recently held that a summary suspension of a driver’s license is not punishment and consequently does not offend the double jeopardy clauses of the Illinois or U.S. Constitutions.

When you are convicted of a DWI, your driver’s license and driving privileges could be suspended for a minimum of 1 year for the 1st DWI violation, 5 years for a 2nd DUI criminal offense committed within a 20-year interval, and 10 years for a 3rd or subsequent DUI / DWI offense.

A DWI conviction for people under age 21 at the time of the offense will lead to your driving privileges being suspended for no less than two years for your 1st DUI violation; for 5 years or until your 21st birthday, whichever is longer, for your second DWI violation; and for 10 years for a 3rd or succeeding DWI offense.

In the event that you satisfy conditions set forth by the Secretary of State, you can get a restricted driver’s permit, good for a single year, which normally will allow driving only between 5 a.m. and 9 p.m. There after, you might apply for (but are not assured of getting) a regular driver’s license.

Those are the outcomes for a 1st DWI offense. For a 2nd DWI ticket within 20 years, the same criminal penalties apply, your license will be terminated, and you cannot submit an application for another license for 5 years. You might also be sentenced to 48 hours in jail or 10 days of community service. For a third conviction, which is a class 4 felony, you could be imprisoned up to 3 years and fined up to $25,000; your license will be terminated; and you cannot apply for another one for 10 years. For a fourth DWI violation, you may be jailed up to three years, and may lose your driver’s license permanently.