Sen. William R. Haine

Amends the Criminal Code of 1961. Provides that a person commits reckless homicide if he or she unintentionally kills an individual while driving in a posted school zone or in a construction or maintenance zone and he or she was also either driving at a speed of more than 10 miles per hour in excess of the posted speed limit or driving under the influence of alcohol or other drugs. Corrects erroneous cross references in the statute concerning reckless homicide.

Amends the Unified Code of Corrections. Includes in the definition of "lawsuit" for the purpose of the Department of Corrections making a determination as to whether to revoke good conduct credit of a prisoner who files a frivolous lawsuit, a second or subsequent petition for post-conviction relief under the Code of Criminal Procedure of 1963 whether filed with or without leave of court or a second or subsequent petition for relief from judgment under the Code of Civil Procedure.

Amends the Criminal Code of 1961 and the Unified Code of Corrections. Provides that a person convicted of financial exploitation of an elderly person or a person with a disability shall be sentenced to a minimum term of imprisonment of one year for a Class 4 felony violation, 2 years for a Class 3 felony violation, 3 years for a Class 2 felony violation, and 4 years for a Class 1 felony violation.

Amends the Illinois Act on the Aging. Provides that the program of services established by the Department for the purpose of preventing unnecessary institutionalization shall be known as the Community Care Program. Requires certain services to be included in the Program, and authorizes the Department to include other services. Provides that participants may choose among the preventative services provided. Provides that the Department shall report the number of participants in the Community Care Program who receive medical assistance. Provides that the Department shall ensure that all eligible participants receive the number of hours they need up to the monthly service cost maximum, that all services are available to Community Care Program participants on evenings and weekends, and that participants have the right to choose how the hours of service are designated. Provides that the Program shall include personal assistant services. Contains other provisions. Effective July 1, 2007.

Amends the Illinois Insurance Code. Provides that if an insurer fails to provide the notice required by this provision regarding terms, conditions, and premium between 30 and 60 days in advance of the expiration date on the policy declaration page, the current expiration date must be extended with no changes to allow 60 days notice of an increase in the premium of 30% or more (now, the company must extend the current policy under the same terms, conditions, and premium to allow 60 days notice of renewal and provide the actual renewal premium quotation and any change in coverage or deductible on the policy). Provides that if any insurer fails to provide at least 30 days notice prior to the expiration date on the policy declaration page, the insurer may not change any terms, conditions, or increase the premium by 30% or more for one full year of the renewal policy term. Also provides that if the policy is not mailed to the insured or the insured's agent prior to the renewal effective date, the policy must be renewed at the expiring policy's terms, conditions, and premium for the entire year of the renewal policy (now, should a company fail to comply with the non-renewal notice requirements, the policy shall be extended for an additional year or until the effective date of any similar insurance procured by the insured, whichever is less, on the same terms and conditions as the policy sought to be terminated, unless the insurer has manifested its intention to renew at a different premium that represents an increase not exceeding 30%). Effective immediately.

Amends the State Fire Marshal Act and the Peace Officer Fire Investigation Act. Provides that arson investigations conducted by the State Fire Marshal's Office shall be conducted by State Fire Marshal Special Agents. Authorizes State Fire Marshal Special Agents to exercise peace officer powers only during the actual investigation of the cause, origin and circumstances of such fires or explosions that are suspected to be arson or arson-related crimes and to carry weapons when conducting arson investigations. Provides that this authorization applies only to State Fire Marshal Special Agents and does not apply to any fire investigator, fireman, police officer, or other employee of the Federal government; any fire investigator, fireman, police officer, or other employee of any unit of local government; or any fire investigator, fireman, police officer, or other employee of the State of Illinois other than an employee of the Office of the State Fire Marshal assigned to investigate arson. Provides that State Fire Marshal Special Agents are exempt from the training course requirements established by the Illinois Law Enforcement Training Standards Board for conservators of the peace, under Section 10.5 of the Illinois Police Training Act. Effective immediately.

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides an exemption from taxation under the Acts for tangible personal property used in the construction, maintenance, or operation of a public water supply that is operated by a not-for-profit entity. Provides that the Acts' sunset provisions do not apply to these exemptions.

Amends the Uniform Commercial Code in relation to secured transactions. Provides that filing does not occur with respect to a record that a filing office refuses to accept (i) where the filing office is unable to index the record because in the record submitted the debtor does not meet the definition of a transmitting utility, and (ii) in the case of an initial financing statement or an amendment if the filing office believes in good faith that a document submitted for filing is being filed for the purpose of defrauding any person or harassing any person in the performance of duties as a public servant.

Creates the Uniform Real Property Electronic Recording Act. Provides that a recorder may receive, index, store, archive, and transmit documents eligible to be recorded in the recorder's land records in the form of electronic documents, subject to certain requirements. Provides that, if a law requires a document eligible to be recorded in the recorder's land records to be an original, on paper or other tangible medium, or in writing, the requirement is satisfied by an electronic document satisfying the Act. Provides that, if a law requires that such a document be signed, the requirement is satisfied by an electronic signature. Provides that a requirement that a document or a signature be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the appropriate electronic signature and other required information is attached to or logically associated with the document or signature. Provides that the Illinois Electronic Recording Commission shall adopt standards to implement the Act. Provides specific requirements concerning recording, conversion of documents, administration, standards, and other matters.

Amends the Abused and Neglected Child Reporting Act and the Juvenile Court Act of 1987. Provides that a "neglected child" includes a child who has been provided with interim crisis intervention services under the Juvenile Court Act of 1987 and whose parent, guardian, or custodian refuses to permit the child to return home. Requires the DCFS Child Protective Service Unit to begin an investigation of a report concerning such a child within 24 hours after receiving the report and determine whether to take the child into temporary protective custody and whether to file a petition alleging neglect or abuse. Provides that no minor shall be sheltered in a temporary living arrangement for more than 48 hours, excluding Saturdays, Sundays, and court-designated holidays, when the agency has reported the minor as neglected or abused because the parent, guardian, or custodian refuses to permit the child to return home, provided that in all other instances the minor may be sheltered when the agency obtains the consent of the parent, guardian, or custodian or documents its unsuccessful efforts to obtain the consent or authority of the parent, guardian, or custodian, including recording the date and the staff involved in all telephone calls, telegrams, letters, and personal contacts to obtain the consent or authority, in which instances the minor may be so sheltered for not more than 21 days.