Publications

Articles on Legislation

New law protects consumers from predatory lenders ; P.A. 91-698

July
2000
Illinois Law Update
Page 380
Public Act 91-698, which became effective when signed on May 6, is designed to protect Illinois consumers from predatory lenders by authorizing the Department of Financial Institutions and the Office of Banks and Real Estate to promulgate rules regulatin regulating the activities of lenders they license.

Neighborhood Services Act compromise finally reached

June
2000
Illinois Law Update
Page 310
During one of the briefest legislative sessions in recent memory, the General Assembly ended a four-month controversy over whether illegally transporting firearms should be considered a felony or misdemeanor in Illinois.

Racial profiling study rejected; H.B. 3911

June
2000
Illinois Law Update
Page 310
House Bill 3911 required Illinois law enforcement officers to record information about the race of motorists who received traffic or warning citations.

Excessive speeders slowed by Class A misdemeanor penalty ; P.A. 91-469

April
2000
Illinois Law Update
Page 196
Pursuant to Public Act 91-469, "[a] person who drives a vehicle ... at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit" commits a Class A misdemeanor.

New hearsay exception created for statements made by deceased declarants; P.A. 91-363

April
2000
Illinois Law Update
Page 196
Public Act 91-363 creates a new hearsay exception by adding section 115-10.4 to the Code of Criminal Procedure of 1963, 725 ILCS 5/100-1 et seq.

Tattoos for public servicework?; P.A. 91-98

April
2000
Illinois Law Update
Page 196
Under two new laws that amend the Juvenile Court Act of 1987, some juveniles may soon be trading in their tattoos for additional community service hours.

Despite gubernatorial veto, General Assembly permissively approves sales taxes for all nonhome rule municipalities; P.A. 91-649

March
2000
Illinois Law Update
Page 128
Public Act 91-649 permissively approves sales taxes for all nonhome rule municipalities. Previously, a nonhome rule municipality needed at least 130,000 inhabitants to pursue a sales tax, which effectively precluded most proposals.

New changes in child support law; P.A. 91-677

March
2000
Illinois Law Update
Page 128
In a move to remedy some of the problems that have troubled the State Disbursement Unit for child support since its creation, Gov. George H. Ryan recently signed into law Public Act 91-677.

General Assembly approves Gov. Ryan’s amendatory veto of eavesdropping law changes; P.A. 91-657

February
2000
Illinois Law Update
Page 68
P.A. 91-657 makes several changes to the eavesdropping sections of the Illinois Criminal Code, 720 ILCS 5/14-1 et seq. The act also closes a loophole and makes additional amendments.

Legislature concurs with amendatory veto, fails to override other veto

February
2000
Illinois Law Update
Page 68
During the veto session, the General Assembly agreed to Gov. Ryan’s amendatory veto of House Bill 421, which amends the Marriage and Dissolution of Marriage Act.

Illinois attempts to keep drugs out of state

January
2000
Illinois Law Update
Page 16
As of January 1, 2000, Illinois drivers who own or operate vehicles containing hidden compartments may be guilty of a Class C misdemeanor. Public Act 91-359 amends the Vehicle Code by making it illegal to own or operate a motor vehicle when a person knows the vehicle contains a false or secret compartment.

Illinois outlaws methamphetamine producing substances

January
2000
Illinois Law Update
Page 16
Public Act 91-403 amends the Controlled Substances Act by making it unlawful to possess any methamphetamine-manufacturing chemical with the intent to manufacture meth.

State treasurer may create a college savings pool that involves financial institutions ; P.A. 91-607

January
2000
Illinois Law Update
Page 16
Public Act 91-607 creates a state-administered “College Savings Pool” that provides federal tax benefits to participants.

Lighted head lamps required on every motor vehicle from sunset to sunrise ; P.A. 91-130

December
1999
Illinois Law Update
Page 636
Public Act 91-130 amends 625 ILCS 5/12-201 to require all motor vehicles except motorcycles to ''exhibit at least 2 lighted head lamps ... during the period from sunset to sunrise ...''

Managed Care Reform and Patient Rights Act: Implications for Patients, Providers, and Plans

By Steven F. Banghart, Keith E. Emmons, Daniel H. Melvin, and Mark E. Rust
December
1999
Article
Page 640
The authors review the highlights of this new law, which limits the power of managed care organizations and expands the rights of patients.

Parental permission required for body piercing a minor ; P.A. 91-412

December
1999
Illinois Law Update
Page 636
Under a new Illinois law, children under 18 wanting their body pierced are now required to first obtain their parent's consent.

Parking of vehicle with expired registration prohibited on public thoroughfare ; P.A. 91-487

December
1999
Illinois Law Update
Page 636
Public Act 91-487 creates 625 ILCS 5/11-1304.5, which prohibits parking a motor vehicle with an expired Illinois registration on a public thoroughfare.

Stopped school bus law extended to school property; P.A. 91-260

December
1999
Illinois Law Update
Page 636
Public Act 91-260 extends, to school property, the law on ''[a]pproaching, overtaking, and passing'' a stopped school bus.

Definition of “child” expanded with regard to child pornography law; P.A. 91-229

November
1999
Illinois Law Update
Page 575
Public Act 91-229 expands the definition of ``child'' with regard to the offense of child pornography to include any material that conveys the impression that the [material] is of a person under the age of 18.

A duty to mitigate damages may require more than simply maintaining employment

November
1999
Illinois Law Update
Page 575
On September 20, 1999, the Court of Appeals for the Seventh Circuit affirmed the district court's denial of back pay to Junerous Cook when the city of Chicago failed to abide by the terms of a consent decree.

Illinois links the Internet to existing sex offense statutes

November
1999
Illinois Law Update
Page 575
Governor George Ryan recently signed four pieces of legislation that amend existing sex offense statutes to more forcefully combat an increased number of Internet-related sex offenses.

The Lawyer’s Journal

By Bonnie McGrath
November
1999
Column
Page 570
Watch out, HMOs.

Making the Most of the New Illinois Perpetuities Statute

By Richard A. Campbell and Christopher D. Dwyer
November
1999
Article
Page 594
Illinois' recently enacted rule-against-perpetuities statute permits estate planners to create perpetual trusts, and that opens new estate-planning possibilities. The authors describe the options.

Nonconsensual disclosure of identifying information on a pornographic Internet site is a felony; P.A. 91-222

November
1999
Illinois Law Update
Page 575
Governor George Ryan recently signed four pieces of legislation that amend existing sex offense statutes to more forcefully combat an increased number of Internet-related sex offenses.

Offense of indecent solicitation of a child is redefined ; P.A. 91-226

November
1999
Illinois Law Update
Page 575
Public Act 91-226 redefines the offense of indecent solicitation of a child to apply to additional incidents, including more Internet-related incidents.

Statewide grand jury permitted for certain computer facilitated sex offenses ; P.A. 91-225

November
1999
Illinois Law Update
Page 575
Public Act 91-225 permits the creation of a ``multicounty Statewide Grand Jury'' to ``investigate, indict, and prosecute'' certain sex offenses when they are facilitated by the use of a computer.

Domestic battery offender liable for child counseling ; P.A. 91-262

October
1999
Illinois Law Update
Page 521
Public Act 91-262 makes a domestic battery offender ``liable for the cost of any counseling required'' for a child under 18 years of age who ``was present and witnessed the domestic battery.''

Domestic battery penalties increased for prior domestic violence offenders ; P.A. 91-112

October
1999
Illinois Law Update
Page 521
Prior to Public Act 91-112, any first-time offense of domestic battery was a Class A misdemeanor, unless the offender previously violated an order of protection.

Illinois enacts laws to further deter and combat domestic battery

October
1999
Illinois Law Update
Page 521
Three pieces of legislation signed in July and August by Governor George Ryan are intended to further deter and combat domestic battery.

Offense of aggravated domestic battery created; P.A. 91-445

October
1999
Illinois Law Update
Page 521
Public Act 91-445 amends the Illinois Criminal Code of 1961, 720 ILCS 5/1-1 et seq., to create the offense of aggravated domestic battery.

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