Illinois Bar Journal

Articles on Legislation

New Options at Divorce: Legislation Treats Stock Options as Marital Property

By Celia Guzaldo Gamrath
March
2002
Article
Page 139
A review of the new law governing the classification and division of stock options upon divorce.

When Do Statutes Apply Retroactively? Illinois’ Latest Standard

By Robert C. Feldmeier
March
2002
Article
Page 134
For the second time in five years, the supreme court changed the standard for determining when new statutes apply to existing cases.

Legislation creates the crime of cyberstalking P.A. 92-199

February
2002
Illinois Law Update
Page 66
In August, Gov. Ryan signed into law Senate Bill 233, which amended the Criminal Code of 1961 by creating the criminal offense of cyberstalking.

Legislation eliminates sentencing limit for first-time DUI offenses and increases possible sentence for DUI convictions involving bodily harm P.A. 92-420

February
2002
Illinois Law Update
Page 66
In August, legislation amended the Illinois Vehicle Code by eliminating the three-year limit on a prison sentence for a first-time DUI offense.

Legislation enacts the Prizes and Gifts Act; P.A. 92-436

February
2002
Illinois Law Update
Page 66
Legislation enacted in August aims to protect consumers from deceptive advertising of sweepstakes and other promotional contests.

Legislation makes people with four or more DUI convictions ineligible for probation P.A. 92-183

February
2002
Illinois Law Update
Page 66
In July, new legislation amended the Unified Code of Corrections making drivers who are convicted of a fourth or subsequent DUI offense ineligible for probation.

Legislation provides penalties for employers failing to comply with self-insurance requirements of the Workers’ Compensation Act P.A. 92-324

February
2002
Illinois Law Update
Page 66
Legislation signed into law in August by Gov. Ryan amends the Workers' Compensation Act by providing that a minimum civil penalty of $10,000 will be assessed against any employer, service or adjustment company, or insurance carrier that fails to comply with the self-insurance provisions of the Workers' Compensation Act.

Petition to modify child support cannot delay enforcement ; P.A. 92-289

February
2002
Illinois Law Update
Page 66
Gov. George H. Ryan recently approved legislation making it easier to go forward with litigation to collect child support.

Legislation allows publication of names of deadbeat parents who fail to pay child support P.A. 92-373

January
2002
Illinois Law Update
Page 14
In August, Gov. George H. Ryan signed into law Senate Bill 950, which amends the Illinois Public Aid Code, 305 ILCS 5/1-1 et seq., and provides that parents who owe more than $5,000 in child support and refuse to pay, could have their names added to a "deadbeats most wanted list" posted on the Internet.

Legislation helps state and local authorities protect animals from abuse; P.A. 92-454

January
2002
Illinois Law Update
Page 14
In August, Gov. Ryan approved legislation that will aid state and local officials in the fight against animal abuse.

Legislation permits doctors to form limited liability companies P.A. 92-144

January
2002
Illinois Law Update
Page 14
In July, Gov. Ryan signed into law Senate Bill 133, which amends the Limited Liability Company Act.

Legislation clarifies that failure to vaccinate a child for religious or medical reasons is not neglect or abuse; P.A. 92-375

December
2001
Illinois Law Update
Page 624
In August, Gov. Ryan signed into law Senate Bill 1305, which amends the Adoption Act to clarify that a parent's failure to vaccinate a child due to religious or medical reasons, allowed by law, does not constitute child neglect or abuse.

Legislation enacts changes regarding sexually violent persons P.A. 92-415

December
2001
Illinois Law Update
Page 624
In August, Gov. Ryan approved House Bill 2088, which makes a number of changes to the Sexually Violent Persons Commitment Act (Act) and related laws.

New DUI, Traffic Laws Stiffen Penalties

By Larry A. Davis
December
2001
Article
Page 651
Three new acts increase the penalty for driving while revoked and DUI offenses.

No more dumpster babies?

By Helen W. Gunnarsson
December
2001
LawPulse
Page 620
A new law is designed to encourage desperate mothers to leave their newborns in safe places, not dumpsters and doorsteps.

Students with asthma now allowed to self-administer medication at school P.A. 92-402

December
2001
Illinois Law Update
Page 624
Recent legislation gives students with asthma the ability to prevent or control asthma attacks at school.

Law clarifies division of stock options in dissolution of marriage cases P.A. 92-306

November
2001
Illinois Law Update
Page 568
In August, Gov. Ryan signed into law Senate Bill 433, which amends the Illinois Marriage and Dissolution of Marriage Act to clarify the current uncertainty about division and evaluation of stock options in dissolution of marriage cases.

Law provides guidelines to establish drug courts; P.A. 92-058

November
2001
Illinois Law Update
Page 568
In some Illinois jurisdictions, nonviolent drug offenders have the option of participating in "drug court" rather than going to jail.

Legislation authorizes sale of a decedent’s real estate on the Internet; P.A. 92-097

November
2001
Illinois Law Update
Page 568
In July, Gov. George H. Ryan signed legislation amending the Probate Act of 1975.

Legislation increases fines for violations of Child Passenger Protection Act; P.A. 92-173

November
2001
Illinois Law Update
Page 568
In addition to signing Senate Bill 98 requiring drivers to ensure that seat belts are used for children under 16, Gov. Ryan signed Senate Bill 403.

Legislation requires drivers to ensure that passengers younger than 16 use seat belts or restraint systems; P.A. 92-171

November
2001
Illinois Law Update
Page 568
In late July, Gov. Ryan signed into law Senate Bill 98, which amends the Child Passenger Protection Act. The new legislation requires drivers to ensure all passengers four years of age or older, but under 16, are secured by either seat belts or restraint systems in a vehicle.

Copy caps

By Helen W. Gunnarsson
October
2001
LawPulse
Page 510
A new statute limits copy charges for patient records.

Follow-up to preservation of evidence legislation P.A. 92-459

October
2001
Illinois Law Update
Page 516
When Gov. Ryan signed P.A. 91-871 (governing evidence retention) in June of 2000, he expressed concerns with a number of provisions in the law including overbroad application to all physical evidence, arbitrary time limits for retention of evidence and unclear guidelines for the court in granting requests for early disposition of evidence.

Governor links motorcyclist, gay anti-discrimination measures

By Helen W. Gunnarsson
October
2001
LawPulse
Page 510
Governor Ryan refuses to approve the Motorcyclist Public Accommodation Act unless the legislature passes a similar measure banning discrimination against gay men and women.

“Kelley’s Law” strengthens penalties for selling club drugs P.A. 92-256

October
2001
Illinois Law Update
Page 516
Gov. George H. Ryan approved legislation in August that will place ecstasy and other "club drugs" on par with controlled substances such as cocaine, heroin, morphine, methamphetamines, and LSD.

Legislation amends Joint Tenancy Act P.A. 92-136

October
2001
Illinois Law Update
Page 516
Gov. Ryan recently approved legislation amending the requirements for creating a tenancy by the entirety.

Legislation narrows application of intoxication defense P.A. 92-466

October
2001
Illinois Law Update
Page 516
New legislation makes it more difficult for defendants to invoke the intoxication defense.

New state tax deduction for contributions to college savings plan P.A. 92-439

October
2001
Illinois Law Update
Page 516
Legislation signed by Gov. Ryan in August authorizes a deduction equal to a taxpayer's contribution to a Bright Start College Savings Program account.

Courts may notify schools and day-cares of orders of protection for children; P.A. 92-090

September
2001
Illinois Law Update
Page 454
In July, Gov. Ryan signed legislation authorizing courts to notify schools (including public and private schools and colleges and universities) and day-care facilities if a child is the subject of an order of protection.

Expanded hearsay exception for victims of elder abuse ; P.A. 92-091

September
2001
Illinois Law Update
Page 454
Gov. Ryan recently signed legislation expanding the hearsay exception for incapacitated seniors.

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