Allowing human trafficking victims to bring a civil action
- Firearm Restraining Order Act
- Rear-Facing Child Seat
- Domestic Violence Order expanded
- Updates to child support calculations
Allowing human trafficking victims to bring a civil action (Public Act 100-1037, House Bill 2063)“Victims of human trafficking should get the justice they deserve,” Rep. Parkhurst stated. The changes to the Crime Victims Compensation Act allow applicants or victims of human trafficking an easier time meeting the notification and cooperation with law enforcement requirements for eligibility. The bill increases the time frame for reporting for victims of human trafficking. Firearm Restraining Order Act (Public Act 100-607, House Bill 2354)The Firearm Restraining Order Act allows for a family member or law enforcement to petition the court for an order prohibiting possession of firearms by an individual if they pose a significant danger of causing personal injury to themselves or other by possessing a firearm. The order may be issued on an emergency ex parte basis or for 6-months. The Court is required to make specific findings before issuing the order. “As a lawyer, I see these protective orders abused in family court on a regular basis and did not support this bill. However, this bill is now law, and it is important our district is well informed of the new laws going into effect,” Rep. Parkhurst said. Rear-facing child seat (Public Act 100-672, House Bill 4377)Children under age two must be secured in an approved rear-facing child seat (instead of a forward-facing car seat) while riding in a vehicle.“The concern for the safety of our young children is paramount in our state. Rear-facing seats are safer for children under two in the unfortunate event of a collision and we protect Illinois’ youngest with this new law,” Rep. Parkhurst added. Domestic Violence Order of Protection expanded (Public Act 100-639, House Bill 4796)Foster parents, legally appointed guardians, adoptive parents, and prospective adoptive parents are added as persons protected under the Domestic Violence Act and the Protective Orders Article in cases involving domestic violence.“It is important we protect victims of domestic violence in our state. This new law expands who is protected to include other legal guardians such as foster or adoptive parents to domestic violence orders of protection,” Rep. Parkhurst stated. Updates to Maintenance “Spousal Support” (Public Act 100-923, Senate Bill 2289) Starting January 1, 2019, Illinois’ maintenance (spousal support) formula in 750 ILCS 5/504 the new federal tax code maintenance payments are not tax deductible to the payor and not taxable to the recipient. To minimize the financial impact of this shifting tax burden, this new law reduces maintenance payments made by a paying spouse to a recipient spouse.“Our state is adjusting to the new federal tax code by adjusting the maintenance calculation” Rep. Parkhurst commented. To view the full list of 253 new laws scheduled to take effect on January 1, 2018, click here.