Illinois Bar Journal

Articles on Legislation

Mandatory minimum sentence increased for domestic battery - PA 093-0809

June
2005
Illinois Law Update
Page 280
Effective on January 1, 2005, in addition to any other sentencing alternatives for a second or subsequent conviction for domestic battery, an individual will be automatically sentenced to a minimum of 72 consecutive hours in prison.

Reporting requirements increased for sex offenders - PA 093-0885

June
2005
Illinois Law Update
Page 280
Notice must now be given if there is an escape, death, or court-ordered change in the custody status of a detainee or a civilly committed sexually violent person.

Criminal records relating to certain offenses may be sealed PA 093-1084

May
2005
Illinois Law Update
Page 232
The State has authorized the sealing of certain criminal records of adults and of minors who were prosecuted as adults

Illinois responds to hunger in schoolchildren by mandating food service programs—PA 093-1086

May
2005
Illinois Law Update
Page 232
In response to the problems of hunger and food insecurity facing Illinois families as a result of increasing unemployment, the Childhood Hunger Relief Act was passed on February 15, 2005, as a means of alleviating malnutrition and promoting academic achievement in low-income children. 

The New Illinois Gestational Surrogacy Act

By Nancy Ford
May
2005
Article
Page 240
In Illinois, a recently enacted statute governs would-be parents' contracts with surrogate mothers. Here's a look at what the new law does and doesn't do.

Child’s Representative Statute Held Unconstitutional

By H. Joseph Gitlin
April
2005
Column
Page 212
The implications of In re Marriage of Bates.

Illinois criminalizes the use of audio-visual recording equipment to tape movies inside movie theaters PA 093-0804

April
2005
Illinois Law Update
Page 170
Effective immediately, any person who knowingly operates an audiovisual recording function on a device where a motion picture is being exhibited, without permission from the owner or lessee of the exhibition facility and of the licensor of the motion picture being exhibited, is guilty of criminal use of a motion picture exhibition facility.

New Act seeks to address public health crisis regarding suicides—PA 093-0907

April
2005
Illinois Law Update
Page 170
On August 11, 2004, Illinois adopted the Suicide Prevention, Education, and Treatment Act in an effort to address this crucial public health concern, which ranks tenth among causes of death nationally. 

Study will investigate possible small employer health insurance pools PA 093-0824

April
2005
Illinois Law Update
Page 170
Effective immediately, the Comprehensive Health Insurance Plan Board will conduct a feasibility study of establishing a small employer health insurance pool.

Additions made to activities child sex offenders may not engage in PA 093-0905

March
2005
Illinois Law Update
Page 116
Effective January 1, 2005, it is unlawful for a child sex offender to knowingly conduct or operate any type of business in which he or she photographs, videotapes, or takes a digital image of a child. 

The gay rights amendment: It’s the law

By Helen W. Gunnarsson
March
2005
LawPulse
Page 110
The Illinois Human Rights Act now prohibits many kinds of discrimination against homosexuals, a fact of which you should apprise your clients – whether they like it or not.

Investigators in capital cases may obtain criminal information on potential witnesses PA 093-1011

March
2005
Illinois Law Update
Page 116
Effective January 1, 2005, the State Appellate Defender may hire investigators to provide investigative services to appointed counsel and county public defenders. 

“Killed in the Line of Duty” classification expanded PA 093-1073

March
2005
Illinois Law Update
Page 116
Effective January 18, 2005, the Line of Duty Compensation Act (820 ILCS 315) is amended to include certain revisions to sections 2 and 3, respectively.

New guidelines for adult entertainment facilities PA 093-1056

March
2005
Illinois Law Update
Page 116
Effective November 23, 2004, the Counties Code (55 ILCS 5) was amended by changing section 5-1097.5 to prohibit adult entertainment facilities from locating within 3,000 feet of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing, and place of religious worship.

Procedural and practice rules promulgated for voluntary mediation of public utility disputes

March
2005
Illinois Law Update
Page 116
  The Illinois Commerce Commission recently adopted 83 Ill Adm Code 201, dealing with voluntary mediation practice in the resolution of public utilities disputes. 

So, does that statute apply to my case?

By Helen W. Gunnarsson
March
2005
LawPulse
Page 110
It's often hard to tell exactly when a statute takes effect, but the Illinois Legislative Reference Bureau offers guidance for legislative drafters and practicing lawyers.

State criminalizes assisting with credit applications when help is contingent on surrendering or placing a child for adoption PA 093-1063

March
2005
Illinois Law Update
Page 116
Effective in June, individuals will not be able to take certain actions that are dependent on a second person taking action with regard to child care arrangements.

Illinois Attorney General may bring actions for civil rights violations PA 093-1017

February
2005
Illinois Law Update
Page 68
Whenever the Illinois Attorney General has reasonable cause to believe a person or group of persons is engaged in a pattern and practice of discrimination prohibited by the Illinois Human Rights Act.

Law amended to promote and enhance mass transportation service PA 093-1004

February
2005
Illinois Law Update
Page 68
On August 24, 2004, the Department of Transportation Law of the Civil Administration Code was amended by adopting the Illinois Transit Ridership and Economic Development (TRED) Pilot Project Program, 20 ILCS 2705/2705-321

Proposed legislation would fix an underinsured-motorist pothole

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
Even seasoned lawyers representing victims of underinsured motorists should beware this trap and encourage legislators to remove it.

School Code amended to specify maximum-authorized district educational tax rate PA 093-1059

February
2005
Illinois Law Update
Page 68
Effective December 8, 2004, the School Code was amended by adding 105 ILCS 5/17.3.5, to indicate the maximum-authorized district educational tax rate.

Social Security and child support

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
To what extent do benefits constitute income for purposes of determining a parent's child support obligation?

Uniformity criteria adopted for assessors’ bonuses

February
2005
Illinois Law Update
Page 68
The Illinois Department of Revenue recently adopted amendments to the Property Tax Code, 86 Ill Adm Code 110.170. 

HIV/AIDS Confidentiality and Testing Code incorporates federal rapid testing guidelines and adopts limited exceptions to confidentiality of test results

January
2005
Illinois Law Update
Page 14
The Department of Public Health recently amended the HIV/AIDS Confidentiality and Testing Code under 77 Ill Adm Code 697. 

More individuals protected from potential harassment by criminal defendants PA 093-0818

January
2005
Illinois Law Update
Page 14
The Criminal Code has been amended to protect additional individuals from harassment when they are or were expected to testify in a legal proceeding. 

School Code amended to provide fast growth grants – PA 093-1042

January
2005
Illinois Law Update
Page 14
Effective October 8, 2004, the School Code (105 ILCS 5) has been amended to include a new provision under section 18-8.10. 

Specific conditions required to deny enrollment for academic or attendance problems PA 093-0803

January
2005
Illinois Law Update
Page 14
Effective immediately, a school or school district may deny enrollment to a student who is 16 years old or older for one semester for failure to meet minimum academic standards if several mandatory conditions are met.

Update on Real Estate Tax Law Changes

By James K. Weston
January
2005
Column
Page 44
Here's a summary of some of the many recent changes in real estate taxation.

Volunteer firefighters shielded from wrongful termination of employment and offered civil relief for employer violations PA 093-1027

January
2005
Illinois Law Update
Page 14
The Volunteer Firefighter Job Protection Act, which applies to municipalities with populations of 3,500 or less, stipulates when volunteer firefighters may not be discharged from their employment, as well as the appropriateness of civil actions in response to wrongful termination. 

Additional disclosures required of mobile home park owners P.A. 093-1043

December
2004
Illinois Law Update
Page 620
Effective June 1, 2005, certain written disclosures are required of mobile home park owners in connection with every lease or sale, and upon renewal of a lease of a mobile home or lot in a mobile home park.

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