2023 Articles

Notices of red-light violations without certain information required by Municipal Code valid as notices that substantially comply, and plaintiffs were not prejudiced

March
2023
Illinois Law Update
, Page 20
On Dec. 20, 2022, the First District of the Illinois Appellate Court held that red-light camera notices of violation (NOV) not containing all information required by the Municipal Code were nonetheless valid for substantial compliance.

Nursing home arbitration agreement found procedurally and substantively unconscionable

June
2023
Illinois Law Update
, Page 16
On March 20, 2023, the First District of the Illinois Appellate Court found that a nursing-home-arbitration agreement was procedurally and substantively unconscionable.

Odor of cannabis sufficient to form probable cause to search a vehicle

December
2023
Illinois Law Update
, Page 16
On Sept. 28, 2023, the Second District of the Illinois Appellate Court held police officers have probable cause to search a vehicle if they detect the smell of cannabis.

Offense committed by a 17-year-old defendant does not qualify for class X sentence

January
2023
Illinois Law Update
, Page 14
On Oct. 20, 2022, the Illinois Supreme Court held that a defendant’s first felony committed at 17 years old was not a qualifying offense for class X sentencing.

Office of the Executive Inspector General now authorized to determine whether an individual has cooperated with an investigation into fraudulent or fictitious driver’s license, permit, or identification card

October
2023
Illinois Law Update
, Page 14
The Office of the Secretary of State adopted an amendment to the Part titled Cancellation, Revocation or Suspension of Licenses or Permits. The amendment authorizes the Office of the Executive Inspector General, in addition to the previously authorized Office of the Inspector General, to determine whether a person has cooperated in an official investigation regarding the sale, manufacture, issuance, or receipt of a fraudulent or fictitious driver’s license, permit, or identification card.

One Day Rest in Seven Act amended, updating the required rest period and adding new civil penalties

April
2023
Illinois Law Update
, Page 16
The Illinois General Assembly amended the One Day Rest in Seven Act. The amendment modifies the timing for granting employees a required 24-hour rest period and additional meal periods. It also imposes new civil penalties against covered employers who violate certain sections of the Act.

One-act, one-crime doctrine is not violated when jury is aware it must find the defendant guilty of separate acts

December
2023
Illinois Law Update
, Page 16
On Sept. 12, 2023, the Second District of the Illinois Appellate Court held the one-act, one-crime doctrine is not violated when there is sufficient evidence of separate acts.

Online filing now available for various domestic orders; remote hearing availability expanded

March
2023
Illinois Law Update
, Page 20
The Illinois General Assembly amended the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986. A petition for a protective order, stalking no-contact order, and civil no-contact order may now be filed online and in person.

Parental unfitness finding not against the manifest weight of evidence when competent evidence showed respondent suffered mental impairment hindering parenting abilities

January
2023
Illinois Law Update
, Page 14
On Oct. 6, 2022, the Fourth District of the Illinois Appellate Court held that competent evidence from a psychologist sufficiently demonstrated that a father suffered a mental impairment that rendered him unable to parent and that he would remain unable to parent for an unreasonably long time.

Penalties for human exposure to pesticides

October
2023
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Illinois Pesticide Act. The Act provides an additional calculation for penalties for any person applying or using a pesticide in a manner inconsistent with the label that results in human exposure to a pesticide.

Pending Bail

By Amelia Buragas
February
2023
LawPulse
, Page 10
The elimination of monetary bail in Illinois is in limbo as the reform awaits action by the Illinois Supreme Court this spring.

Persons with valid Illinois concealed carry licenses may carry concealed firearms on open lands and other areas of nature preserves where the landowner has not specifically prohibited them 

November
2023
Illinois Law Update
, Page 18
The Illinois Nature Preserves Commission amended the Part entitled Public Use of Illinois Dedicated Nature Preserves, which prohibits individuals from possessing a firearm or other weapons within nature preserve boundaries or buffers.

Pharmacists authorized to dispense prophylaxis drugs for HIV

June
2023
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Pharmacy Practice Act. Pharmacy practice now includes initiating, dispensing, or administering drugs, tests, assessments, referrals, and consultations for human immunodeficiency virus (HIV).

Pharmacists required to dispense opioid antagonists and inform patients about opioid addiction

June
2023
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Pharmacy Practice Act. While previously permissive, pharmacists now must dispense opioid antagonists following written procedures developed by the Department of Public Health and Department of Human Services and filed at the pharmacy before implementation.

Physical and occupational therapists now mandated child abuse reporters

March
2023
Illinois Law Update
, Page 20
The Illinois General Assembly amended the Abused and Neglected Child Reporting Act. Physical therapists, physical therapy assistants, occupational therapists, occupational therapy assistants, and athletic trainers are now mandated child abuse reporters.

Plain language of the Juvenile Court Act allows delinquency proceedings for out-of-state conduct

January
2023
Illinois Law Update
, Page 14
On Oct. 6, 2022, the Illinois Supreme Court held that under section 5-120 of the Juvenile Court Act of 1987, a juvenile may be adjudicated delinquent for unlawful conduct committed outside of Illinois.

Plaintiffs can have additional person present to video record discovery examinations; certain parties in wrongful death actions entitled to preference in setting for trial 

November
2023
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Code of Civil Procedure so that whenever the defendant in any litigation in Illinois has the right to demand a physical or mental examination of the plaintiff in a civil lawsuit, the plaintiff has the right to designate an additional person to be present and video record the examination.

Plugged In

By Danielle DavisRoe
April
2023
Column
, Page 42
The hardware and software you need to launch your firm. And, don’t forget about marketing!

Police officer was not engaged in police protection service when involved in fatal physical altercation with detainee in hospital room

February
2023
Illinois Law Update
, Page 16
On Oct. 28, 2022, the First District of the Illinois Appellate Court reversed a grant of summary judgment where the court found disputed issues as to a police officer’s entitlement of civil immunity under the Local Governmental and Governmental Employees Tort Immunity Act (“Act”).

Police officers and firefighters disabled from COVID-19 are entitled to duty disability benefit

August
2023
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Chicago Police and Chicago Firefighter Articles of the Illinois Pension Code. The amendment establishes that a police officer or firefighter who becomes disabled due to COVID-19 has the rebuttable presumption that they contracted COVID-19 while performing an act of duty. The presumption entitles the police officer or firefighter to a duty disability benefit.

Policies regarding governor’s employees’ meal allowances and other expenses updated

March
2023
Illinois Law Update
, Page 20
The Department of Central Management Services adopted an amendment to the Part titled Travel, updating the policies regarding meal allowances and other expenses for the Office of Governor’s employees who travel on state business.

Possession of burglary tools crime expanded

March
2023
Illinois Law Update
, Page 20
The Illinois General Assembly amended the Criminal Code of 2012. It is now unlawful for a person with the intent to enter a motor vehicle and commit a felony or theft to possess a device designed to unlock or start a motor vehicle without the vehicle’s key.

The Power of e-Newsletters

By Danielle DavisRoe
December
2023
Column
, Page 44
Why and how to create one for your firm.

Practice of pharmacy includes vaccination, screening, and testing of patients for COVID-19 or influenza

August
2023
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Pharmacy Practice Act. The amendment expands the “practice of pharmacy” definition.

Prejudgment interest statute does not violate the Illinois Constitution

October
2023
Illinois Law Update
, Page 14
On July 14, 2023, the Fourth District of the Illinois Appellate Court held that a statute allowing for prejudgment interest does not violate the Illinois Constitution.

Presumption of reasonable assistance of postconviction counsel rebutted when counsel did not comply with Illinois Supreme Court Rule 651(c)

July
2023
Illinois Law Update
, Page 16
On April 20, 2023, the Illinois Supreme Court held that postconviction counsel’s failure to shape a defendant’s claims into proper form was a violation of Illinois Supreme Court Rule 651(c), which rebutted the presumption of reasonable assistance of counsel and necessitated remand.

Presumption of undue influence or fraud can apply to a spouse holding a power of attorney when engaging in self-dealing 

November
2023
Illinois Law Update
, Page 18
On Aug. 1, 2023, the Fifth District of the Illinois Appellate Court held that there is a presumption of undue influence or fraud when a spouse transfers funds to themselves from a dependent spouse pursuant to a power of attorney.

Prim instruction and failing to grant defendant’s motion for mistrial was plain error when the jury said it could not reach a unanimous verdict

January
2023
Illinois Law Update
, Page 14
On Oct. 26, 2022, the Second District of the Illinois Appellate Court held it was plain error to deny a motion for a mistrial after a jury received the Prim instruction and then indicated it could not reach a unanimous verdict.

Procedural requirements added for certain vacant elected county offices

May
2023
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Election Code, adding procedural requirements for certain vacant elected county offices.

Procedures clarified for electronic filing and review requests under the Illinois Human Rights Act

January
2023
Illinois Law Update
, Page 14
The Human Rights Commission adopted amendments to clarify parties’ rights to file electronically and request extensions in requests for review. Pleadings may now be served electronically.