Courts of Justice

Cruelty to animals; malicious killing of a dog or cat; penalty. Creates, under the animal cruelty provisions, a Class 6 felony for any person who maliciously kills any dog or cat that is a companion animal whether belonging to him or another. Currently, such felony applies only to a person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly and unnecessarily beats, maims, or mutilates any dog or cat that is a companion animal whether belonging to him or another and (ii) as a direct result causes serious bodily injury to such dog or cat that is a companion animal, the death of such dog or cat that is a companion animal, or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal.

Underage consumption or possession of alcoholic beverage or marijuana or marijuana products; consequences; procedures. Reduces the penalties for underage consumption or possession of alcoholic beverages or marijuana or marijuana products to a written warning for a first violation, a written warning and the provision of informational materials about how to access community services for a second violation, and a write-up and an optional referral for accessing community services for a third or subsequent violation. Under current law, underage consumption, purchase, or possession of alcoholic beverages is punishable as a Class 1 misdemeanor with a period of license suspension and an option for a deferred dismissal in certain circumstances. The current penalties for underage consumption or possession of marijuana or marijuana products is a civil penalty of $25 and an order to enter a substance abuse treatment or education program. The bill also provides that such underage persons are not capable of giving lawful consent to a search and that the unconcealed possession of an alcoholic beverage or marijuana or marijuana products shall not constitute probable cause to initiate a search of a person or that person's personal property to determine any further violations of law. The bill specifies that such underage persons shall not be subject to arrest or otherwise detained or taken into custody by a law-enforcement officer and that a law-enforcement officer's body-worn camera system shall be activated during any encounter involving an underage person suspected to be in violation of such provisions. The bill also puts limits on the dissemination and retention of any law-enforcement records related to violations of such provisions.

Contesting local governing body or board of zoning appeals land use decisions; third-party standing requirements. Creates standing for any person who does not have an ownership interest in the property that is the direct subject of a local governing body or board of zoning appeals action if such person has alleged with particularity and proven by clear and convincing evidence that he (i) has an immediate, pecuniary, and substantial interest in the litigation, and not a remote or indirect interest; (ii) owns or occupies real property within or in close proximity to the property that is the subject of the land use determination; and (iii) has suffered (a) a particularized harm to a personal or property right, legal or equitable, or (b) an imposition of a burden or obligation different from that suffered by the general public. The bill clarifies that such standing requirements do not apply to any person who has an ownership interest in the property that is the direct subject of the decision of the local governing body or the board of zoning appeals.

Photo speed monitoring devices; private vendors; calibration; civil penalty. Reduces from 12 months to six months the validity of a calibration or testing of a photo speed monitoring device and requires any state or local law-enforcement agency that places and operates such a device to conduct an additional daily test of the accuracy of the device. The bill also requires any such law-enforcement agency to include in its annual report of certain information to the Department of State Police the operating costs of the use of such device. The bill requires any private vendor that has entered into an agreement with a law-enforcement agency to provide a photo speed monitoring device and is also compensated for the calibration of such device to calibrate such device in the same manner and to the same specifications as all other devices determining speed, to the extent that such devices utilize the same method of speed detection as such photo speed monitoring device, used by such law-enforcement agency. The bill also (i) requires such a private vendor to provide, within 10 days of a request by a person receiving a summons by mail for a vehicle speed violation recorded by a photo speed monitoring device provided by such private vendor, for proof of calibration for such photo speed monitoring device; (ii) requires such a summons to provide notice of such right to request such proof of calibration; and (iii) imposes a civil penalty on any private vendor who fails to provides such proof of calibration within such time.

Use of restraints on juveniles in court prohibited; exceptions. Prohibits the use of instruments of restraint, as defined in the bill, on a juvenile appearing before the juvenile and domestic relations district court unless the court makes a finding that (i) the use of such restraints is necessary (a) to prevent physical harm to such juvenile or another person, (b) because such juvenile has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a substantial threat of serious harm to himself or others as evidenced by recent behavior, or (c) because such juvenile presents a substantial risk of flight from the courtroom and (ii) there are no less restrictive alternatives to such restraints that will prevent flight of or harm to such juvenile or another person, including court personnel or law-enforcement officers. The bill requires the court to provide the juvenile's attorney an opportunity to be heard before the court orders the use of instruments of restraint, and if such restraints are ordered, requires the court to make written findings of fact in support of the order.