Illinois Bar Journal

Articles on Legislation

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 & 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.

Statute of limitations for certain sexual offenses extended; P.A. 91-475

October
1999
Illinois Law Update
Page 521
Public Act 91-475 extends the statute of limitations for certain sexual offenses by as much as nine years.

A Hospital “Shall” Disclose Blood Alcohol Concentration Test Results to Police; PA 91-125

September
1999
Illinois Law Update
Page 460
If blood or urine tests to determine the presence of alcohol or drugs are ``conducted upon persons receiving medical treatment in a hospital emergency room for injuries resulting from a motor vehicle accident,'' PA 91-125 mandates disclosure of the results to police upon request.

Ignition Interlock Device Laws Expanded; PA 91-127

September
1999
Illinois Law Update
Page 460
First-time DUI offenders "may petition the circuit court of venue for a Judicial Driving Permit (JUP)...to relieve undue hardship.''

Illinois Continues to Augment DUI Laws

September
1999
Illinois Law Update
Page 460
Four pieces of legislation signed in mid-July by Governor George Ryan are the latest in a series of enactments augmenting the Illinois DUI law, 625 ILCS 5/11-501, and other DUI-related provisions.

Reckless Homicide Sentencing Modified in Cases Involving Multiple Deaths and Alcohol or Drugs; PA 91-122

September
1999
Illinois Law Update
Page 460
Public Act 90-122 mandates a six- to 28-year prison term for a defendant found guilty of reckless homicide involving two or more deaths in a single course of conduct when the defendant is under the influence of alcohol or drugs.

Gunrunning that involves minors is a Class X felony; PA 91-13

August
1999
Illinois Law Update
Page 406
"Gunrunning'' constitutes the "violation of any of the paragraphs of section 24-3'' of the Illinois Criminal Code, 720 ILCS 5 et seq, when three or more firearms are transferred.

Illinois responds to recent school shootings with preventative and punitive legislation

August
1999
Illinois Law Update
Page 406
In response to high school shootings in Arkansas, Colorado, and other states, the General Assembly enacted several bills into law that attempt to deter and more harshly penalize school shooting offenders.

Penalties enhanced for unlawful discharge or sale of firearms near schools; PA 91-12

August
1999
Illinois Law Update
Page 406
According to 720 ILCS 5/24-1.2, "aggravated discharge of a firearm'' is, inter alia, firing a gun at a person, or into a building or vehicle when the shooter knows it is occupied.

Providing certain minors with access to firearms is a misdemeanor; PA 91-18

August
1999
Illinois Law Update
Page 406
PA 91-18 will penalize a person who knowingly leaves a firearm where a minor under 14 years of age can access it if the minor later causes death or serious bodily harm with it.

School officials must report armed persons on school grounds; PA 91-11

August
1999
Illinois Law Update
Page 406
According to PA 91-11, a school official must notify the school principal if he/she observes a "person in possession of a firearm on school grounds.''

School shooters excluded from juvenile court jurisdiction ; P.A. 91-15

August
1999
Illinois Law Update
Page 406
The Juvenile Court Act, 705 ILCS 405/1 et seq, attempts to best serve the safety and ``welfare of [an accused minor] and the best interests of the community'' by shielding the minor from the full force and application of the Illinois Criminal Code.

Lawmakers Gamble on Cook County Casinos

July
1999
Illinois Law Update
Page 351
Near the end of the 1999 Spring legislative session, the Illinois Senate passed Senate bill 1017, which among other things substantially remodels the Illinois Riverboat Gambling Act, 230 ILCS 10/1 et seq.

$9.1 Billion Tobacco Settlement Ignites Controversy in the General Assembly

June
1999
Illinois Law Update
Page 304
On November 23, 1998, 46 states settled smoking-related claims against the tobacco industry for as much as $206 billion, potentially the largest court settlement in history.

Anti-crime Proposals in the Legislature

June
1999
Illinois Law Update
Page 304
As this issue went to press, the anti-crime bills proposed recently have received mixed support in the House and Senate.

Illinois Law Enters Cyberspace: The Electronic Commerce Security Act

By R. J. Robertson Jr. & Thomas J. Smedinghoff
June
1999
Article
Page 308
This new law—effective July 1—removes doubts about legal requirements for electronic "writings'' and "signatures'' and encourages e-commerce. Here's an overview.

Correspondence from Our Readers

May
1999
Column
Page 234
Single-subject rule: falling on the sword of Damocles?

Despite Governor Ryan’s Support, ``Non-Discriminatory Bill” Pertaining to Sexual Orientation Encounters Dificulties in the Illinois House; HB 474.

May
1999
Illinois Law Update
Page 244
If passed, House Bill 474 would add "sexual orientation'' to race, religion, sex, and eight other classifications already enumerated in the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.

HMO Reform Bill Passes in the House, Likely to Fail in the Senate — HB 626.

May
1999
Illinois Law Update
Page 244
A sweeping HMO reform bill, known as the Managed Care Reform Act, (passed in the Illinois House on March 24, 1999 by a margin of 62-37.

The Lawyer’s Journal

By Bonnie McGrath
May
1999
Column
Page 238
The high court revisits the single-subject rule.

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