Publications

Articles on Legislation

Death Penalty Reform Measures May Include Stricter Punishments for Police Officers who Lie Under Oath in Murder Trials P.A. 93-0655

April
2004
Illinois Law Update
Page 176
This legislation will become effective if the legislature enacts the Capital Punishment Reform Study Committee Act (Senate Bill 472) over the Governor's amendatory veto.

Evaluation and Treatment Required for Sex Offenders P.A. 093-0616

April
2004
Illinois Law Update
Page 176
The Sex Offender Management Board Act has been amended to include among the list of sex offenses any felony that is "sexually motivated."

Standards Governing Compliance, Financial and Performance Audit Requirements Amended P.A. 93-0630

April
2004
Illinois Law Update
Page 176
Effective immediately, compliance audits are to be performed in accordance with attestation standards issued by the American Institute of Certified Public Accountants, related AICPA Statements on Standards for Attestation Engagements.

Board of Education Must Publish a List of “Persistently Dangerous” Schools P.A. 93-0633

March
2004
Illinois Law Update
Page 124
Effective immediately, the State Board of Education will maintain data and annually publish a list of persistently dangerous schools

Department of Human Services to Implement Model Protocol for State-Operated Facilities; P.A. 93-0636

March
2004
Illinois Law Update
Page 124
The Mental Health and Developmental Disabilities Act has been amended to require that, no later than January 1, 2005, the Department of Human Services must adopt a model protocol and forms for recording all patient diagnosis, care and treatment at each state-operated facility for the mentally ill and developmentally disabled under the jurisdiction of the department. 

Juvenile Offenders to be Deinstitutionalized from Correctional Confinement Facilities to Community-Based Alternative Programs P.A. 93-0641

March
2004
Illinois Law Update
Page 124
Effective immediately, the state will encourage the use of pilot programs in communities to deinstitutionalize juvenile offenders by reallocating funds from juvenile correctional confinement to such alternatives through the "Redeploy Illinois" program. 

Record of Foreign Birth May be Created for Visa Holders P.A. 93-0645

March
2004
Illinois Law Update
Page 124
Effective immediately, the State Registrar of Vital Records may make and file a Record of Foreign Birth for a person born in a foreign country who has been granted an IR-3 visa by the U.S. Immigration and Naturalization Service.

State Requires Construction Contract Bidders to Meet Certain Labor Standards P.A. 93-0642

March
2004
Illinois Law Update
Page 124
Effective June 1st, in order to be considered a responsible bidder on a construction contract, a bidder must comply with and present evidence of compliance with certain standards. 

“Sunshine in Litigation” Legislation: Boon or Bane?

By Martin J. Healy Jr. and David P. Huber
March
2004
Article
Page 138
Proponents argue that the "sunshine" proposal before the General Assembly promotes public safety, while opponents charge that it puts trade secrets at risk.

There is Ample Sunshine Already

By Gregory C. Ray
March
2004
Article
Page 139
The Illinois House has passed, and the Senate is considering, a bill that would limit the power of the parties and the court to bar access to information in litigation involving "public hazards." 

How the New Governmental Ethics Legislation Affects Lawyers

By Jim Covington
February
2004
Column
Page 68
If you practice before any of 32 state agencies and commissions or represent local governmental entities, take a close look at the newly enacted ethics-in-government legislation

Lienholders Must Surrender Title Within 21 Days P.A. 93-0621

February
2004
Illinois Law Update
Page 70
The Illinois Vehicle Code was recently amended to require that persons holding a security interest in a vehicle, who are in possession of the certificate of title, must release the security interest within 21 days after receiving payment in satisfaction. 

Offenders May Participate in State’s Attorney’s Bad Check Diversion Programs as an Alternative to Prosecution; P.A. 093-0394

February
2004
Illinois Law Update
Page 70
State's attorneys may create bad check diversion programs within their offices, which would allow qualified offenders to participate in the program instead of being prosecuted for the offense. 

Post-Conviction Petitions Limited Unless Certain Extenuating Circumstances Can be Shown P.A. 093-0493

February
2004
Illinois Law Update
Page 70
Effective the first of the year, an inmate cannot file more than one post-conviction petition in the trial court, under 725 ILCS 5/122-1, without leave of court.

Rail Carriers Must Foot Bill for Sign Installation P.A. 93-0604

February
2004
Illinois Law Update
Page 70
Effective immediately, when the Illinois Commerce Commission orders the installation of luminous flashing signal or crossing gate devices at a particular grade crossing.

The Uniform Mediation Act: Illinois’ Newest Privilege

By Sarah E. Cook and Sheryl E. Healy
February
2004
Article
Page 92
A look at this new law, which should make mediation a more attractive alternative to litigation.

Voice Stress Analyzer a Permissible Method of Deception Detection P.A. 93-0619

February
2004
Illinois Law Update
Page 70
The Detection of Deception Examiners Act was recently amended to clarify that the Act does not prohibit the use of a voice stress analyzer by any trained.

Companies in violation of environmental protection standards cannot procure state business and are subject to more difficult requirements for permits P.A. 093-0575

January
2004
Illinois Law Update
Page 16
An amendment to the Illinois Procurement Code, effective January 1, 2004, provides that no person or business who was found to have willfully or knowingly violated §42 of the Environmental Protection Act.

No co-pay required for public aid recipients to receive generic drugs P.A. 093-0593

January
2004
Illinois Law Update
Page 16
Effective immediately, the Department of Public Aid may not require those receiving public aid assistance from the state to make a co-payment if they receive generic prescription drugs.

Transmitters of Money Must Make License Disclosures P.A. 93-0535

January
2004
Illinois Law Update
Page 16
The Transmitters of Money Act ("TOMA") now provides that authorized sellers engaging in the business of transmitting money on behalf of a licensee must conspicuously display a disclosure notice supplied by the licensee.

Amendments Made Regarding Safety in Bars and Clubs Serving Alcohol P.A. 03-0551

December
2003
Illinois Law Update
Page 600
Effective immediately, premises licensed for alcohol consumption are limited in the types of materials they may use on those premises.

Consumers Protected from Fraud in Auto Repair P.A. 093-0565

December
2003
Illinois Law Update
Page 600
Effective January 1, 2004, the state will require more effective information sharing between consumers and facilities making car repairs. 

Corporate Officials to be Held Criminally Responsible for Misconduct P.A. 93-0496

December
2003
Illinois Law Update
Page 600
Effective January 1, 2004, the Criminal Code is amended to hold those responsible for corporate misconduct criminally accountable.

Employees Entitled to Take Leave Due to Domestic or Sexual Violence P.A. 93-0591

December
2003
Illinois Law Update
Page 600
An employee who is a victim of domestic or sexual violence, or has a family or household member who is a victim, may take 12 weeks per year of unpaid leave from work to address domestic or sexual violence issues, pursuant to the Victims' Economic Security and Safety Act.

Public Bodies Must Keep Verbatim Records of Closed Meetings P.A. 93-0523

December
2003
Illinois Law Update
Page 600
Beginning January 1, 2004, all public bodies must keep a verbatim record of all of their closed meetings in the form of an audio or video recording.

Complaints Filed Against Peace Officer Must Have Support of a Sworn Affidavit P.A. 93-0592

November
2003
Illinois Law Update
Page 550
As of January 1, 2004, anyone filing a complaint against a sworn peace officer must have his or her complaint supported by a sworn affidavit. Previously, the complaint did not require such verification.

Felons Convicted Under Sarbanes-Oxley Act Barred from Bidding on Government Contracts P.A. 93-0600

November
2003
Illinois Law Update
Page 550
The Illinois Procurement Code was recently amended to prohibit any businesses whose officer, director, partner or managerial agent has been convicted of a felony under the Sarbanes-Oxley Act of 2003.

Legislature Increases Penalties for Home Repair Fraud P.A. 93-0542

November
2003
Illinois Law Update
Page 550
The Legislature added a provision to the Home Repair Fraud Act providing that if a person commits aggravated home repair fraud.

Legislature Protects Whistleblowers Against Retaliation and Provides for Recovery of Damages P.A. 93-0544

November
2003
Illinois Law Update
Page 550
Employers (excluding governmental entities) are now prohibited from making, adopting or enforcing any rule, regulation or policy that prevents an employee from disclosing information to a government or law enforcement agency if that employee reasonably believes the information discloses a violation of a state or federal law.

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.

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