Publications

Illinois Bar Journal
Articles on Legislation

Commission to Study Disproportionate Justice Impact Act enacted. PA 095-0995 March 2009 Illinois Law Update, Page 122 Illinois lawmakers enacted the Commission to Study Disproportionate Justice Impact Act to assess the “nature and extent of the harm caused to minority communities” by certain provisions of the Illinois Vehicle Code (625 ILCS 5/ et seq), Criminal Code of 1961 (720 ILCS 5/ set seq), Cannabis Control Act (720 ILCS 550/ et seq) and other listed laws.
Department of Human Services Act amended. PA 095-0998 March 2009 Illinois Law Update, Page 122 The Illinois General Assembly has amended the Department of Human Services Act by adding and deleting language in Section 10-10, and adding Section 10-60. 20 ILCS 1305/10-10, 10-60.
In Defense of the Citizen Participation Act By Adam Schwartz March 2009 Column, Page 114 The Illinois Citizen Participation Act of 2007 protects expressive activity in furtherance of efforts to petition the government.
New life insurance standards for reserve liabilities and nonforfeiture values March 2009 Illinois Law Update, Page 122 The Department of Financial and Professional Regulation added a new Part to Title 50 entitled,Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values. 50 Ill Adm Code 1414, 32 Ill Reg. 19725. 
Freedom of Information Act amended. PA 095-0941 February 2009 Illinois Law Update, Page 70 Illinois lawmakers amended section 7 of the Freedom of Information Act to exempt certain data elements from the Illinois Health and Hazardous Substances Registry from public inspection and dissemination. 5 ILCS 140/7.
Lawmakers amend line of duty compensation penalties. February 2009 Illinois Law Update, Page 70 The State Prompt Payment Act and the Court of Claims Act have been amended to better enable persons designated by an Armed Forces member killed in the line of duty to obtain compensation. 30 ILCS 540/3-1, 705 ILCS 505/22.
New hearsay exception added for the intentional murder of a witness. PA 095-1004 February 2009 Illinois Law Update, Page 70 The Illinois General Assembly amended the Code of Criminal Procedure by adding section 115-10.6, which creates a new hearsay exception when evidence is offered against a party that has killed the declarant "intending to procure the unavailability of the declarant as a witness in a criminal or civil proceeding." 725 ILCS 5/115-10.6.
State police to video tape all traffic stops. PA 095-1009 February 2009 Illinois Law Update, Page 70 Illinois lawmakers amended the State Police Act to add section 30, which requires the use of video recording cameras in patrol vehicles. 20 ILCS 2610/30.
Additional requirements on municipalities awarding waste collection franchises. PA 095-0856 January 2009 Illinois Law Update, Page 16 The Illinois Municipal Code has been amended by modifying section 5/11-19-1 to add new language concerning the awarding of waste collection franchises. 65 ILCS 5/11-19-1. 
Changes made to ensure a minor’s access to counsel. PA 095-0846 January 2009 Illinois Law Update, Page 16 Illinois lawmakers amended section 5 of the Juvenile Court Act of 1987 to provide for an accused minor's access to legal counsel.
Emergency Contact Database to be created. PA 095-0898 January 2009 Illinois Law Update, Page 16 The Illinois Identification Card Act has been amended by adding section 11A, and the Illinois Vehicle Code has been amended by adding section 6-117.2. 15 ILCS 335/11A and 625 ILCS 5/6-117.2.
Food pantries required to register with local public health departments. PA 095-0828 January 2009 Illinois Law Update, Page 16 Illinois lawmakers amended the Food Handling Regulation Enforcement Act by adding Section 3.2 dealing with "food banks." 410 ILCS 625/3.2. 
Good Samaritan Act amended. PA 095-0874 January 2009 Illinois Law Update, Page 16 The Good Samaritan Act has been amended by adding Section 30.5 titled "Alternative free medical clinic without physical premises patient notification practice." 745 ILCS 49/30.5.
Illinois Statutory and Legislative Resources By Tom Gaylord January 2009 Column, Page 48 The statutes are online, of course. But here are other free resources.
School Code amended to require internet safety education. PA 095-0869 January 2009 Illinois Law Update, Page 16 The School Code was amended by changing section 27-13.3 to add internet safety education to the required school curriculum. 105 ILCS 5/27-13.3.
Biometric Information Privacy Act passed. PA 095-0994 December 2008 Illinois Law Update, Page 612 On October 3, 2008, Governor Blagojevich signed into law Public Act 095-0994 "the Biometric Information Privacy Act," which regulates the manner in which biometric information can be collected and stored. 
Code of Criminal Procedure amended to accommodate those with developmental disabilities. PA 095-0897 December 2008 Illinois Law Update, Page 612 The Illinois General Assembly amended the Code of Criminal Procedure of 1963 by changing the heading of Article 106b and amending Section 106B-5. 725 ILCS 5/106B-5. 
Counties Code amended. PA 095-0805 December 2008 Illinois Law Update, Page 612 The Counties Code has been amended by adding section 42000 dealing with county ownership of a wind farm. 55 ILCS 5/42000. This new section provides that a county may "own and operate a wind generation turbine farm [wind farm]." 
Firefighters protected by Criminal Code amendment. PA 095-0801 December 2008 Illinois Law Update, Page 612 Illinois lawmakers amended the Criminal Code of 1961 by modifying section 31-1. 720 ILCS 5/31-1. 
Illinois’ New Anti-SLAPP Statute By Eric M. Madiar and Terrence J. Sheahan December 2008 Article, Page 620 The Act should quell libel suits against those who legitimately petition government for redress. But does it also shield those who intentionally defame others?
New homeowner notice required in foreclosure actions. PA 095-0961 December 2008 Illinois Law Update, Page 612 On September 23, 2008, the House voted to override an amendatory veto proposed by Governor Blagojevich and passed Senate Bill 1879
Code of Civil Procedure amended. PA 095-0831 November 2008 Illinois Law Update, Page 554 The Illinois General Assembly has amended the Code of Civil Procedure by modifying several sections. 735 ILCS 5/3.
Criminal Code creates “grooming” and “traveling to meet a minor” offenses. PA 095-0901 November 2008 Illinois Law Update, Page 554 Illinois lawmakers amended the Criminal Code of 1961 to include two new related offenses: "grooming" and "traveling to meet a minor." 720 ILCS 5/11-25, 11-26. 
Order-of-protection laws amended to prohibit access to health records. PA 095-0912 November 2008 Illinois Law Update, Page 554 The Illinois General Assembly amended Section 602.1 of the Illinois Marriage and Dissolution of Marriage Act and Section 222 of the Illinois Domestic Violence Act to prohibit health care providers from releasing a child's health care records to any respondent listed in an order of protection. 750 ILCS 5/602.1, 750 ILCS 60/222.
Plaintiff-friendly ADA amendments take effect Jan.1 By Helen W. Gunnarsson November 2008 Lawpulse, Page 548 Amendments to the Americans with Disabilities Act legislatively overturn recent U.S. Supreme Court rulings.
Sale of Tobacco to Minors Act amended. PA 095-0905 November 2008 Illinois Law Update, Page 554 Illinois lawmakers amended the Sale of Tobacco to Minors Act by prohibiting the sale of "loose" cigarettes "not contained within a sealed container" to minors, and making it a crime for minors to use false identification to obtain cigarettes and other tobacco products. 720 ILCS 675/1.
Unlawful Use of Encryption offense created. PA 095-0942 November 2008 Illinois Law Update, Page 554 The Criminal Code of 1961 has been amended by adding section 16D-5.5 "[u]nlawful use of encryption," which prohibits the use of encryption to commit or assist in committing a criminal offense. 720 ILCS 5/16D-5.5. 
Commission on the Elimination of Poverty Act created. PA 095-0833 October 2008 Illinois Law Update, Page 504 The Illinois General Assembly created the Commission on the Elimination of Poverty Act to support "the goal of the State of Illinois that all people be free from poverty." Section 5 notes that in the Illinois Constitution, "the elimination of poverty" is among the core goals of our state government. 
Criminal Code of 1961 amended. PA 095-0849 October 2008 Illinois Law Update, Page 504 Effective January 1, 2009, the Criminal Code of 1961 is revised by adding a Cyber-bullying Law which provides penalties for harassment through electronic communication mediums. 720 ILCS 5/12-7.5. 
New law attempts to simplify zoning hearings By Helen W. Gunnarsson October 2008 Lawpulse, Page 498  A new law classifies zoning decisions as legislative acts, not administrative rulings. This will streamline zoning proceedings, proponents say.