Publications

Illinois Bar Journal
Articles on Legislation

Regulations tightened for demolishing buildings containing hazardous air pollutants. PA 096-1536 June 2011 Illinois Law Update, Page 286 Illinois lawmakers have amended the Counties Code, Illinois Municipal Code, and the State Mandates Act to better regulate the demolition and renovation of buildings containing hazardous air pollutants such as asbestos. 55 ILCS 5/5-1063.5; 65 ILCS 5/11-39-2.5; 30 ILCS 805/8.35.
Certain articles inside towed motor vehicles exempted from possessor liens. PA 096-1506 May 2011 Illinois Law Update, Page 228 Illinois lawmakers have amended the Illinois Vehicle Code to exempt certain articles from being subjected to a possessor lien when a motor vehicle is towed. (625 ILCS 5/4-203).
Civil unions provide same-sex couples legal protections provided to all Illinois spouses. Public Act 096-1513 May 2011 Illinois Law Update, Page 228 State lawmakers recently passed the Illinois Religious Freedom Protection and Civil Union Act to provide persons entering into civil unions the obligations and benefits granted to all spouses under Illinois law.
Death penalty is abolished. PA 096-1543 May 2011 Illinois Law Update, Page 228 Illinois lawmakers have abolished the death penalty in Illinois and all existing sentences may not be imposed. (725 ILCS 5/119-1 new). All monies previously held in the Capital Litigation Trust Fund are now to be used to provide services for families of the victims of homicide and to provide training for law enforcement personnel.
Good Samaritans at building evacuation scenes not subject to civil liability absent willful and wanton misconduct. PA 096-1169 May 2011 Illinois Law Update, Page 228 Illinois lawmakers have amended the Good Samaritan Act to exempt from civil liability persons who provide free emergency care at building evacuation scenes. (745 ILCS 49/71 new).
Vehicle drivers must stop when pedestrian crosses street on vehicle’s side of road. PA 096-1165 May 2011 Illinois Law Update, Page 228 The Illinois Vehicle Code has been amended to require vehicle drivers to stop the vehicle and yield the right-of-way to a pedestrian crossing a crosswalk on the vehicle's side of the road when there are no traffic control signals in operation. (625 ILCS 5/11-1002).
Change in Monitoring Device Driving Permit issuance procedure for DUI offenders. PA 096-1526 April 2011 Illinois Law Update, Page 180 The Illinois Vehicle Code has been amended to modify the Monitoring Device Driving Permit (MDDP) issuance procedure for first offenders arrested for driving under the influence of alcohol, drugs, or other intoxicating compounds.
Child Murderer and Violent Offender Against Youth Registration Act offenses expanded. PA 096-1294 April 2011 Illinois Law Update, Page 180 Illinois lawmakers recently expanded the offenses covered by the Child Murderer and Violent Offender Against Youth Registration Act.
Drivers must fasten safety belts for passengers unable to do it themselves. PA 096-0991 April 2011 Illinois Law Update, Page 180 Illinois lawmakers amended the Illinois Vehicle Code to require vehicle drivers to properly adjust and fasten seat safety belts for passengers who are unable to do it themselves. (625 ILCS 5/12-603.1).
Illinois Vehicle Code amended to raise Class B misdemeanor threshold for highway speeding. PA 096-1507 April 2011 Illinois Law Update, Page 180 It is now a Class B misdemeanor to drive between 31 miles and 39 miles per hour in excess of the maximum speed limit on an Illinois highway. (625 ILCS 5/11-601.5).
Law expanded for police to seize vehicles operated in violation of law. PA 096-1289 April 2011 Illinois Law Update, Page 180 State lawmakers recently expanded offenses for which police may seize a vehicle. Vehicles, vessels, and aircrafts operated in Illinois are subject to seizure if the owner knows and consents to the use and that use violates certain laws. (720 ILCS 5/36-1).
Peace officers no longer required to swear to complaints issued for misdemeanors. PA 096-1206 April 2011 Illinois Law Update, Page 180 Peace officers no longer are required to swear to complaints issued for misdemeanors, under recent amendments to the Code of Criminal Procedure of 1963. (725 ILCS 5/111-3).
Accident reports to be provided to government agencies upon request. PA 096-1147 March 2011 Illinois Law Update, Page 124 The Illinois Vehicle Code has been amended to require the Department of Transportation to provide upon request copies of written accident reports to federal, state, and local agencies conducting highway safety research and studies. 625 ILCS 5/11-408.  
Payments ensured for mental health, alcoholism and substance abuse treatment. PA 096-1472 March 2011 Illinois Law Update, Page 124 State lawmakers amended the Department of Human Services Act to ensure payments are received for services treating alcoholism, mental health, and substance abuse.
Process servers may be refused entry into correctional institutions and jails. PA 096-1451 March 2011 Illinois Law Update, Page 124 Illinois lawmakers amended the Code of Civil Procedure to allow correctional institutions, facilities and jails to refuse entry to process servers for security purposes. 735 ILCS 5/2-203.2 new.
Recent Business Legislation and Trends: the Secretary of State’s Perspective By Michelle Nijm and Terrence J. McConville March 2011 Column, Page 158 Among other changes, corporate filings now need only be made with the SOS, not with counties.
State grants for school districts to help homeless children. PA 096-1229 March 2011 Illinois Law Update, Page 124 The Education for Homeless Children Act has been amended to establish a state grant program to support Illinois school districts in aiding school enrollment, attendance, and success of homeless children and youths. 105 ILCS 45/1-50 new.
Substitute teachers can be required to fund inquiries into criminal history. PA 096-1489 March 2011 Illinois Law Update, Page 124 Illinois lawmakers have amended the School Code to allow schools to require substitute teacher applicants to pay the full costs of their criminal history checks.
Tax credits available for small businesses that hire from Put Illinois to Work program. PA 096-1498 March 2011 Illinois Law Update, Page 124 The Illinois General Assembly has amended the Small Business Job Creation Tax Credit Act to provide tax relief for businesses that hire a new worker who was part of the Put Illinois to Work Program in 2010. 35 ILCS 25/10.
Change to DUI law would limit court involvement in MDDP process By Helen W. Gunnarsson February 2011 Lawpulse, Page 66 No longer will a court hearing or order be required for issuing a monitoring device driving permit if a new bill is signed into law.
Collective bargaining agreement law amended. PA 096-0598 February 2011 Illinois Law Update, Page 72 The Illinois Public Labor Relations Act has been amended for initial collective bargaining agreements entered into following the original certification of units with fewer than 35 public employees. 5 ILCS 315/7.  
Employment opportunities provided for Illinois youths. PA 096-1225 February 2011 Illinois Law Update, Page 72 Illinois lawmakers passed the Community Youth Employment Act in order to provide summer job opportunities for Illinois youths.  
Medically necessary physical therapy and occupational therapy covered under state employee benefits program. PA 096-1227 February 2011 Illinois Law Update, Page 72 Illinois lawmakers have amended the State Employees Group Insurance Act of 1971 to expand the state employee benefits program to cover medically necessary physical therapy and occupational therapy. 5 ILCS 375/6.11A.
Navigating the Illinois Nursing Home Care Act By Catherine D. Battista February 2011 Article, Page 92 This how-to for practitioners filing claims under the NHCA shows how they are often easier to bring than traditional medical malpractice or healing arts claims.
Restrictions imposed on municipality or county-enacted automated traffic law ordinances. PA 096-1016 February 2011 Illinois Law Update, Page 72 The Illinois Vehicle Code has been amended to impose rules governing automated traffic law ordinances enacted by municipalities or counties. 625 ILCS 5/11-208.
Sexual exploitation punishable when committed in virtual presence of person believed to be child. PA 096-1090 February 2011 Illinois Law Update, Page 72 The Criminal Code of 1961 is amended by Illinois lawmakers to incorporate virtual presence into possible means of committing the sexual exploitation of children. 720 ILCS 5/11-9.1.
Broken parking meters due to snow or ice may be defense for parking violation. PA 096-1256 January 2011 Illinois Law Update, Page 16 Changes to the Illinois Vehicle Code allow a defense for motorists cited with a parking violation if a parking meter malfunctions because of snow or ice. (625 ILCS 5/11-1307).
Consumers protected from unrequested shipment practices by sellers. PA 096-1306 January 2011 Illinois Law Update, Page 16 Illinois law no longer allows sellers of merchandise to ship additional, similar merchandise to consumers at their expense without the consumer's approval. 815 ILCS 505/2III.
Counties with more than three million residents required to accept credit card property tax payments. PA 096-1248 January 2011 Illinois Law Update, Page 16 Beginning on January 1, 2012, a county with a population of more than three million is obligated to accept credit card payments for each installment of property taxes. (35 ILCS 200/20-25).
Defendants to be charged $5 Electronic Citation Fees. PA 096-1210 January 2011 Illinois Law Update, Page 16 Illinois lawmakers have amended the Clerks of Courts Act to require each circuit court clerk to charge and collect an electronic citation fee of $5. (705 ILCS 105/27.3e).