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Illinois Bar Journal
Articles From 2003

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Recovering Penalty Awards and Attorney Fees Under the Workers' Compensation Act By Michelle D. Porro December 2003 Article, Page 610 Has a carrier unreasonably delayed payment to your client? This article reviews penalties and fee-award options.
Residential treatment program created for female offenders P.A. 92-0806 April 2003 Illinois Law Update, Page 168 Recent amendments to the Unified Code of Corrections, 730 ILCS 5/5 et seq., establish residential drug treatment programs for certain female offenders.
Responsibility Imposed for Drug and Alcohol Impairment of Minors P.A. 93-0588 November 2003 Illinois Law Update, Page 550 Effective January 1, 2004, any person over the age of 18 who supplies alcohol or illegal drugs to a minor will be liable for any death or injuries to people or property caused by the drug or alcohol impairment of that minor.
Retaliatory discharge protection extends to employees testifying in other employees' workers' compensation actions; scope of employment approach proper test for hearsay June 2003 Illinois Law Update, Page 280 On March 25, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County granting summary judgment for the defendant corporation.
Return of the Petrillo doctrine for hospital defendants By Helen W. Gunnarsson November 2003 Lawpulse, Page 544 Beginning next year, a new law will once again ban ex parte conversations between a hospital's lawyers and a plaintiff's treating physicians.
Rule 23 proposals headed soon to the supreme court By Helen W. Gunnarsson January 2003 Lawpulse, Page 8 An ISBA committee prepares to forward proposals to the Illinois Supreme Court for changing the rule that governs unpublished opinions.
Rules adopted to prevent spread of chronic wasting disease March 2003 Illinois Law Update, Page 116 On December 27, 2002, the Department of Natural Resources (department) adopted amendments adding new sections to its rules regulating wildlife conservation measures and practices and the spreading of disease. 17 Ill Adm Code 635.
Rules for aiding alleged survivors of sexual assault amended April 2003 Illinois Law Update, Page 168 On January 15, 2003, the Department of Public Health (department) adopted amendments, regarding new rules regulating emergency hospital service to be provided to all alleged sexual assault survivors.
Rules in Place for Vouchers on Riverboats December 2003 Illinois Law Update, Page 600 The Illinois Gaming Board recently adopted significant amendments to 86 Ill. Adm. Code 3000, providing the regulatory framework for the implementation of voucher payment systems in Illinois riverboat gambling facilities.
Sale of a Law Practice: Out of the Shadows and into the Rules By John H. Maville June 2003 Article, Page 292 A look at the ISBA's proposed transfer-of-practice rule.
The Sarbanes-Oxley Act: How Will it Affect D&O Insurance Coverage? By Steven R. Smith March 2003 Article, Page 128 A review of the D&O insurance-policy terms likely to come up in litigation under the Act.
Sarbanes-Oxley and document retention By Helen W. Gunnarsson April 2003 Lawpulse, Page 162 Do the new requirements governing retention, destruction and alteration of financial records apply to e-mail and other electronic documents? It's better to be safe than sorry.
School legal drug policy prohibits disciplinary action for refusal of psychostimulants P.A. 92-0663 January 2003 Illinois Law Update, Page 14 Effective January 1, 2003, Illinois school boards will be required to adopt and implement a policy that prohibits any disciplinary action that is based totally or in part on the refusal of a student's parent or guardian to administer or consent to the administration of psychotropic or psychostimulant medication to the student.
Search and Seizure of E-Evidence in Illinois: Cybercrime and the Internet Frontier By Rachel J. Hess July 2003 Article, Page 344 A review of the search-and-seizure issues that arise in the investigation of Internet crimes.
Secretary of state tightens vehicle interlock regulations June 2003 Illinois Law Update, Page 280 The Illinois Secretary of State's Office recently adopted amendments to 92 Ill Adm Code 1001.
Section 11-20.1(f) of Illinois child pornography statute, including virtual children within the definition of "child," unconstitutionally overbroad; sexually explicit computer depictions of actual children still validly prohibited under statute August 2003 Illinois Law Update, Page 384 On May 22, 2003, the Illinois Supreme Court held that section 11-20.1(f) of the Illinois child pornography statute, 720 ILCS 5/11.20.1(f) (2001).
Section 2-6.5 of Probate Act requires trial court to first find that parent satisfies one criteria for misconduct and then determine what effect that misconduct had before reducing parent's interest in child's estate January 2003 Illinois Law Update, Page 14 On October 15, 2002, the Appellate Court of Illinois, First District, reversed in part and reversed and remanded in part the order of the circuit court of Cook County entering an adjudication of parental neglect pursuant to section 2-6.5 of the Probate Act.
Section 6-16(c) of Illinois Liquor Control Act of 1934, which subjects individual to criminal liability for allowing persons under 21 to leave his or her residence after consuming alcohol, is unconstitutionally vague on its face March 2003 Illinois Law Update, Page 116 On December 5, 2002, the Illinois Supreme Court affirmed the circuit court and held that section 6-16(c) of the Liquor Control Act of 1934, 235 ILCS 5/6-16(c), was unconstitutionally vague on its face.
Section 9-3(b) of Criminal Code of 1961 is unconstitutional because it creates mandatory presumption of recklessness April 2003 Illinois Law Update, Page 168 On January 24, 2003, the Illinois Supreme Court affirmed the appellate court, and held that section 9-3(b) of the Criminal Code of 1961, 720 ILCS 5/9-3(b).
Sentence in excess of maximum for involuntary manslaughter violates Apprendi, but subject to harmless error analysis where uncontradicted evidence in support of sentencing enhancement May 2003 Illinois Law Update, Page 226 On February 6, 2003, the Illinois Supreme Court held that the sentencing court's imposition of an enhanced sentence for involuntary manslaughter based on a judicial finding was harmless error.
Should Criminal Defendants be Required to Produce Handwriting Exemplars? By David G. Duggan February 2003 Article, Page 86 No, this author says.
Small firms, big cases By Helen W. Gunnarsson October 2003 Lawpulse, Page 486 How three lawyers from small-practice settings and different parts of Illinois teamed up to bring a high-stakes whistleblower lawsuit.
Small juries are beautiful By Helen W. Gunnarsson March 2003 Lawpulse, Page 110 Six-person juries are easier to pick, more responsive to case themes, and more likely to reach a unanimous verdict, some criminal defense lawyers say.
Standards for nursing applicants and nursing curricula amended February 2003 Illinois Law Update, Page 62 On November 18, 2002, the Department of Professional Regulation (department) amended its regulations relating to qualifications and application procedures for professional nurses and professional nursing curricula in title 68 of the Illinois Administrative Code.
State does not have the burden to prove probable cause to arrest in order to establish that a defendant is in "lawful custody" for the purpose of proving felony escape December 2003 Illinois Law Update, Page 600 On September 19, 2003, the Appellate Court of Illinois, Second District, affirmed the defendant's conviction for escape in the circuit court of Stephenson County.
State Lawsuit Immunity Act opens Illinois to lawsuits from state employees By Helen W. Gunnarsson October 2003 Lawpulse, Page 486 The new law, which allows state employees to bring race, age, and other discrimination suits, has claimants' lawyers cheering.
The State may not discriminately select when to grant use immunity when doing so would prevent the defendant from fully and meaningfully presenting his defense October 2003 Illinois Law Update, Page 492 On July 11, 2003, the Appellate Court of Illinois, Third District, vacated the order of the Circuit Court of LaSalle County denying the defendant's motion to suppress evidence.
State must provide evidence of serious extent and nature of injury received by victim to meet burden of proof for aggravated battery April 2003 Illinois Law Update, Page 168 On January 10, 2003, the Appellate Court of Illinois, First District, modified the order of the circuit court of Cook County finding the minor delinquent of aggravated battery and remanded the cause for resentencing consistent with the adjudication.
State police amend procedures under Firearm Owner's Identification Card Act September 2003 Illinois Law Update, Page 436 The Department of Illinois State Police has adopted amendments that affect the issuance of firearm owner's identification cards and clarify the definition of an "antique firearm."
State violated Speedy Trial Act; delays attributable to defendant on contributing charge not attributable to defendant on murder charge filed 168 days later June 2003 Illinois Law Update, Page 280 On April 3, 2003, the Illinois Supreme Court concluded that defendant Williams was deprived of a fair trial based on plain error.