Publications

Illinois Bar Journal
Articles on Legislation

Heightened penalties for public indecency, sexual exploitation of child if committed near school grounds. PA 096-1098 January 2011 Illinois Law Update, Page 16 Under the newly amended Criminal Code of 1961, it is now a Class 4 felony for a person 18 years of age or older to commit public indecency or sexual exploitation of a child within 500 feet of elementary or secondary school grounds when children are present. (720 ILCS 5/11-9; 720 ILCS 5/11-9.1)
Property owners can seek tax reimbursement for annexed properties. PA 096-1351 January 2011 Illinois Law Update, Page 16 Under amendments to the Property Tax Code, property owners can seek reimbursement for taxes paid on annexed property beginning in the 2010 tax year. 35 ILCS 200/20-27.
Transfer fee covenants prohibited. PA 096-1345 January 2011 Illinois Law Update, Page 16 The Illinois General Assembly has prohibited transfer fee covenants, declaring them an impairment of the marketability and transferability of property.
Video conferencing now permitted in some hearings. PA 096-1321 January 2011 Illinois Law Update, Page 16 Illinois lawmakers have amended the Mental Health and Developmental Disability Code to allow for video conferencing during hearings held pursuant to the act. 405 ILCS 5/3-806.1.
Agency rules must include analysis of effect on small businesses. PA 096-1448 December 2010 Illinois Law Update, Page 616 The Illinois General Assembly now requires that any agency enforcing a rule must provide an economic impact analysis of the rule's effect on small businesses. 5 ILCS 100/5-30.
Introducing the New and Improved Minor Guardianship Statute By Margaret C. Benson December 2010 Article, Page 628 An important new amendment to the Illinois Probate Act clarifies when nonparents have standing in minor guardianship cases and otherwise honors the rights of parents while protecting children.
Penalties for unreasonable obstruction of parking place for disabled. PA 096-1125 December 2010 Illinois Law Update, Page 616 The Illinois Vehicle Code has been amended to hold property owners liable for unreasonable obstruction of designated aisles or parking spaces specifically reserved for persons with disabilities. 625 ILCS 5/11-1301.8.
Penalty and sale delays for mobile homes in disaster areas. PA 096-1211 December 2010 Illinois Law Update, Page 616 Those who own mobile homes in declared disaster areas are now provided a delay of penalties and sale by the Illinois General Assembly. 35 ILCS 515/9.3.
Retail theft penalties adjusted. PA 096-1301 December 2010 Illinois Law Update, Page 616  Penalties for theft have been adjusted by Illinois lawmakers to increase the value of property covered by minimum misdemeanor and felony sentencing. 720 ILCS 5/16-1.
Schools no longer obligated to comply with unfunded mandates. PA 096-1441 December 2010 Illinois Law Update, Page 616 The School Code has been amended to allow public school districts and private schools to choose not to comply with statutory or regulatory mandates enacted after the effective date of this amendment, unless the mandate is fully funded by the government for the relevant school year. 105 ILCS/22-60.
State may recover payments for state workers injured by third party. PA 096-1430 December 2010 Illinois Law Update, Page 616 The Illinois General Assembly amended the Public Employee Disability Act to allow the state to seek reimbursement of the benefits it must pay to an injured state worker when a third party is responsible for the employee's disability. 5/ILCS 345/1. 
Employee Credit Privacy Act bars inquiry about employee credit history. PA 096-1426 November 2010 Illinois Law Update, Page 564 The Illinois General Assembly has enacted the Employee Credit Privacy Act to prohibit employers from inquiring about the credit history of an applicant or employee.
Foreclosure Prevention Program provides counseling, prevention funds. PA 96-1419 November 2010 Illinois Law Update, Page 564 The Illinois Housing Development Act was amended by Illinois lawmakers to create the Foreclosure Prevention Program. (20 ILCS 3805/7.30)
The Illinois Predator Accountability Act: A Sleeping Giant By Christopher P. Keleher November 2010 Article, Page 582 The Illinois Predator Accountability Act of 2006 allows victims of sexual exploitation to sue pimps, brothels, and customers. Learn about the law's potential and pitfalls.
Killing medical professionals on the job now an aggravating factor. PA 096-1475 November 2010 Illinois Law Update, Page 564 The Criminal Code of 1961 has been amended to add an aggravating factor that can result in natural life imprisonment for a criminal offender. (720 ILCS 5/9-1)
Minimum penalty enacted for traffic offenses. PA 096-1462 November 2010 Illinois Law Update, Page 564 The Illinois Vehicle Code has been amended to include a minimum penalty for traffic offenses. 625 ILCS 5/16-104e.
New requirements for students’ self-administration of asthma medication or epinephrine. PA 096-1460 November 2010 Illinois Law Update, Page 564 The School Code has been amended to revise the authorization requirements for students' self-administration of asthma medication or epinephrine auto-injectors in schools. 105 ILCS 5/22-30.
New “substance of dispute” arbitration rules. PA 096-1476 November 2010 Illinois Law Update, Page 564 The general assembly has amended the Uniform Arbitration Act. (710 ILCS 5/8).
Penalties stiffened for drunken supervisors of minors driving vehicles. PA 096-1237 November 2010 Illinois Law Update, Page 564 Supervisors of minors driving with instruction permits are now subject to stricter penalties if they use alcohol or drugs while accompanying or instructing the minors. (625 ILCS 5/11-507)  
Added fines for failure to appear. PA 096-1431 October 2010 Illinois Law Update, Page 508 The Code of Criminal Procedure of 1963 was amended affecting those persons subject to bail bond. (725 ILCS 5/110-7)
Changes in forms of property tax payment. PA 096-1250 October 2010 Illinois Law Update, Page 508 The Property Tax Code has been amended regarding the payment of taxes. (35 ILCS 200/20-25).
Greater protection for Illinois employees; new penalties when employers fail to pay. PA 096-1407 October 2010 Illinois Law Update, Page 508 Illinois lawmakers have put into place greater security measures for Illinois employees who are not receiving their wages.
Greater security of parental rights regarding appointed guardianship. PA 096-1338 October 2010 Illinois Law Update, Page 508 The Probate Act of 1975 has been amended to safeguard parental rights. (755 ILCS 5/11-5)
Stiffer monitoring of sex offender information. PA 096-1104 October 2010 Illinois Law Update, Page 508 While sex offenders have previously been required to report accurate information about their place of residence and employment, Illinois lawmakers have added required elements of identification to the list. (730 ILCS 150/3).
Stricter monitoring of sex offenders travel. PA 096-1102 October 2010 Illinois Law Update, Page 508 Illinois lawmakers have acted to further monitor the movements and location of sex offenders in Illinois. (730 ILCS 150/3).
Third-party clients of licensed day and temporary labor service agencies face stiffer penalties for failure to meet their agreements. PA 096-1185 October 2010 Illinois Law Update, Page 508 A third-party client is now legally responsible to pay wages and payroll taxes to licensed day and temporary labor service agencies for the services performed according to the terms in the respective invoices and agreements. (820 ILCS 175/30). 
Amendment to the Trusts and Trustees Act regarding lapse of power to withdraw. PA 096-0980. September 2010 Illinois Law Update, Page 452 According to Illinois lawmakers, even if a beneficiary of a trust releases or waives his or her power to withdraw or allows it to lapse, the beneficiary still may not be considered to be a settlor or to have made a transfer to the trust. (755 ILCS 5/16.2)
Disabled persons now protected under the Home Repair Fraud Act. PA 096-1026 September 2010 Illinois Law Update, Page 452 The Illinois General Assembly has passed a bill making it a felony for anyone to commit fraud in connection with a home repair project undertaken to aid a disabled person. (815 ILCS 515/5)
Distributions By a Business Entity - Cautions for Owners and Their Counsel By Sherwin D. Abrams September 2010 Column, Page 484 Make sure your business clients aren't opening themselves to disgruntled claimants.
Illinois motorists face stiffer penalties for driving recklessly near bicyclists. PA 096-1007 September 2010 Illinois Law Update, Page 452 Illinois bicyclists have been provided greater protection through recent changes to the Illinois Vehicle Code. (625 ILCS 5/11-703).