Publications

Articles on Legislation

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. and 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.

Amendments to the Illinois Pull Tabs and Jar Games Act

April
1999
Illinois Law Update
Page 190
Public Act 90-808 amends the Illinois Pull Tabs and Jar Games Act to raise the aggregate value of all prizes or merchandise permitted to be awarded in a single day of pull-tabs and jar games to $5,000. Previously, the limit was $2,250.

Amendments to the School Code; PA 90-802

April
1999
Illinois Law Update
Page 190
Public Act 90-802 amends the School Code. This Act was passed after the Governor's technical recommendations were incorporated.

Campaign Finance Reform Provisions Enacted; PA 90-737

April
1999
Illinois Law Update
Page 190
Governor Jim Edgar characterized Public Act 90-737, the State Gift Ban Act, as "an important step forward in the reform of campaign finance and ethics laws'' that would "improve accountability and help Illinoisans better understand the political process in our state.''

An Illegitimate Child’s Intestate Estate May Now Be Distributed to ``Eligible Parents,” Not Just the Mother; PA 90-803

April
1999
Illinois Law Update
Page 190
According to Public Act 90-803, an "intestate real and personal estate'' of an illegitimate child shall be distributed to the decedent's "eligible parents'' or the eligible parents' descendents, if the decedent did not have a spouse or direct descendents.

Advanced Practice Nurses’ Privileges Expanded — PA 90-742

March
1999
Illinois Law Update
Page 130
Introduced by Senator Doris Karpiel, Public Act 90-742 may save time and money for individuals seeking medical attention in Illinois.

Drug-Aided Crimes (``Date Rape” Drugs) — PA 90-735

March
1999
Illinois Law Update
Page 130
Sponsored by Senator Kirk W. Dillard, Public Act 90-735 makes it a battery to administer a controlled substance to a person without his or her consent, or by threat or deception, for non-medical purposes.

Governmental Tort Immunity Narrowed by Expansion of ``Willfull and Wanton Conduct” Exception; PA 90-805

March
1999
Illinois Law Update
Page 130
Public Act 90-805 broadens the "willful and wanton conduct'' exception to the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq (1998).

An Overview of the Juvenile Justice Reform Provisions of 1998

By Michele M. Jochner
March
1999
Article
Page 152
A review of important changes wrought by this sweeping new law.

Using the Single-Subject Rule to Invalidate Legislation: A Better Approach?

By Michael J. Kasper
March
1999
Article
Page 146
The author argues that there is a better way for courts to limit legislators' power to combine diverse subjects into a single bill and offers an alternative.

Amid Controversy, Protection of Religious Freedom in Illinois Strengthened; PA 90

February
1999
Illinois Law Update
Page 73
The General Assembly recently passed the Illinois Religious Freedom Restoration Act ("IRFRA'') over Governor Jim Edgar's amendatory veto.

Child-Care Provider Sanctions; Genital Mutilation — PA 90-684

February
1999
Illinois Law Update
Page 73
Public Act 90-684 allows that any child care provider receiving funds from child care assistance programs under the Illinois Public Aid Code will, as a condition of eligibility to participate in the child care assistance program under this Code.

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