Several New Laws to Go into Effect in the New Year
Many new laws are set to take effect with the new year, with several affecting the Illinois criminal justice system which will have varying degrees of impact. Some are instructive, such as providing law enforcement with training for responding to people with autism or changing the names of offenses such as “unlawful use of a weapon” to “unlawful possession of a weapon” and “armed habitual criminal” to “unlawful possession of a firearm by a repeat felony offender.” Others can be more substantial, like the law that eliminates the defense of consent by the victim to anyone facing charges relating to hazing offenses. One major change to how the courts operate is that courts will now be permitted to text, call, or email notices regarding continued court dates in the event someone fails to appear on their assigned court date and there are increases in the number of unpaid traffic tickets a person can accrue before their license is suspended. Likewise, the procedures for towing are changing in the new year, including a law that allows someone whose vehicle is being towed to recover personal effects and another that waives storage fees for stolen vehicles if it is recovered by the owner within 7 days. People who are the victims of crime will also be empowered by preventing the practice of law enforcement putting DNA information of victims of crimes into a criminal database when their DNA was collected as a result of an alleged crime perpetrated on them, and another measure that added the use of an electronic tracking system to the definition of “course of contact” of stalking for those who are seeking protections from a stalker. There are many other laws set to take effect, but ignorance of the law is no excuse so those who do not want to run afoul of the law and want to avoid contact with the justice system should make sure they are up to date on any laws that could impact them.
Proposed Illinois Law Would Radically Change Prison Sentences and Truth in Sentencing Laws
Earlier this year, Illinois State Representative Barbara Hernandez introduced a bill that would allow all incarcerated inmates in Illinois to be eligible to serve only half of all prison sentences, regardless of the charge, other than instances where a sentence of natural life is imposed. Generally speaking, under the current system, called the truth-in-sentencing laws, those convicted of certain offenses are required to serve 50%, 75%, or 85% of their sentence, depending on the class and type of felony and the specific details of the case. Other offenses like first-degree murder require inmates to serve 100% of their sentence. But under the proposed system in the bill, all inmates regardless of what they were convicted of, will be eligible to serve only 50% of their sentence provided they meet certain rehabilitation goals such as rehabilitation, educational and vocational training/accomplishments while incarcerated. Critically, this includes those convicted of murder, who must serve their full sentence under the current system, and the new system would be made retroactive, meaning anyone currently serving a prison sentence would be eligible for relief. Hernandez said the bill is intended “to start a conversation and find ways to reform truth-in-sentencing in Illinois.” But now former McHenry County State’s Attorney Patrick Kenneally vehemently opposes the proposed bill, saying that, “Reducing penalties by half for things like murder and child rape necessarily weakens the internal norms we all have against injurious conduct by downgrading its wrongness and declaring the injury to victims less grievous.” The bill has yet to receive a vote, but was later referred to the Rules Committee for further deliberations, so it could be potentially receive more traction in the new year.
