Page 20 - January 2018

Legislative changes coming in 2018
As we ring in 2018, it is important that we are famil- iar with the new changes to the law. The legislature
has implemented dozens of new laws and has h
revised some current ones. Below is a list of some of the more relevant laws being imple- mented.
provide blood and urine samples. Accordingly, the state’s attorney ends up having the burden to show that there was some exigency
or emergency which negated the need for the warrant. These are some other legislative changes that may affect
how you do your job:
• Law Enforcement Sexual Assault Investigation (HB 270): Law enforcement agencies throughout the state will be required to develop a written policy regarding the in-
vestigation of officer-involved criminal sexual assaults.
• Police Training (HB 375): Requires the Illinois Law Enforce- ment Training Standards Board to create a course on men- tal health awareness, including recognizing mental crises which require an immediate response.
However, before we get to those legislative changes, let’s look at a significant change to
the DUI law set forth by the Illinois Appellate
Court. Law enforcement officers investigat-
ing DUI cases need a warrant before drawing blood and urine samples from a driver suspected of being
impaired, the split court ruled. In a 2-1 decision, the 1st District Illinois Appellate Court ruled part of the state’s DUI law unconsti- tutional and reversed the first-degree murder conviction of Ralph Eubanks, who was sentenced to 40 years in prison in the 2009 death of 48-year old Maria Worthon.
In that case, Eubanks refused to give investigating officers per- mission to take blood and urine samples, but officers said state law allowed them to do so anyway. The divided appeals court dis- agreed. It overturned a statute allowing blood and urine tests to be taken without a suspect’s consent or a warrant when an officer has probable cause to believe a suspect was both impaired and involved in a crash resulting in death or injury. As a result, offi- cers cannot simply say, “Well, you were involved in an accident, therefore you are going to the hospital and we are going to take your blood.”
The court ruled that there was no emergency circumstance in the Eubanks case, because officers waited for nearly three hours and did not seek a warrant in that time before forcing Eubanks to
• Sealing of Criminal Records (HB 514): Allows records of charges that result in an acquittal or dismissal with prejudice, except for minor traffic offenses, to be immediately sealed after the final disposition of the case.
• Hate Crimes at Religious Facilities (HB 2390): Adds crimes committed on the grounds of a religious facility to the defini- tion of a hate crime. Removes the $1,000 restitution cap and al- lows courts to impose a fine based on the severity of the crime and damages.
• Illinois Department of Corrections Visitations (HB 2738): Re- quires prisons to allow inmates to receive visitors in person or via video teleconference, with some exceptions for behavior.
• Circuit Court Complaints (HB 3054): Requires circuit courts to post a public notice with details on how to file complaints against judges.
• Aggravated DUI Death Limitations (HB 3084): Removes the statute of limitations on prosecution for aggravated DUI
FOP
Legal Rep t
DANIEL HERBERT
20 CHICAGO LODGE 7 ■ JANUARY 2018