Publications

Articles on Legislation

Recruiting minors into street gangs now a felony. PA 096-0199

January
2010
Illinois Law Update
Page 16
Recruiting minors into street gangs is now a Class 1 felony, under recent amendments to the Criminal Code of 1961. 

Do-not-resuscitate requirements reformed. PA 096-0765

December
2009
Illinois Law Update
Page 604
Illinois lawmakers amended the Health Care Surrogate Act, changing the requirements for a do-not-resuscitate (DNr) order. 755 ILCS 40/65.  

Firearm owner’s Id revoked for subjects of order of protection. PA 096-0701

December
2009
Illinois Law Update
Page 604
Individuals with orders of protection issued against them soon will have their Firearm Owner's Identification (FOID) Card revoked, requiring them to surrender their guns to a local law enforcement agency for safekeeping.

Illinois outlaws DWT (driving while texting)

By Helen W. Gunnarsson
December
2009
LawPulse
Page 598
Effective January 1, drivers aren't allowed to "compose, send, or read an electronic message." Is PA 96-0130 overregulation or overdue?

Purchasers of mortgaged real estate must give detailed notice to tenants. PA 096-0111

December
2009
Illinois Law Update
Page 604
Tenants must be given detailed notice of mortgage foreclosures, under new regulations passed by Illinois lawmakers. 

Sex offenders banned from using social networking Web sites. PA 096-0262

December
2009
Illinois Law Update
Page 604
Illinois lawmakers recently added new language to the Criminal Code of 1961 to prohibit convicted sex offenders from using social networking Web sites.

Stalking laws amended. PA 096-0686

December
2009
Illinois Law Update
Page 604
The Illinois General Assembly made numerous changes to the Criminal Code of 1961, including amendments to statutes on criminal stalking, aggravated stalking, and cyberstalking. 720 ILCS 5/12-7.3-7.5.

Act provides guidance for considering electronic communication time in determining parental visitation rights. PA 096-0331

November
2009
Illinois Law Update
Page 552
Illinois law makers amended sections 607 and 609 of the Illinois Marriage and Dissolution of Marriage Act, defining visitation and instructing courts on how to consider electronic communication when determining parental visitation rights.

Law for minor smoking offenders amended. PA 096-0179

November
2009
Illinois Law Update
Page 552
The Illinois General Assembly amended section 5-615 of the Juvenile Court Act of 1987 regarding supervision of minors who have been found in violation of the Prevention of Tobacco Use by Minors Act. 705 ILCS 405/5-615. 

New law brings transparency to homestead assessments. PA 096-0122

November
2009
Illinois Law Update
Page 552
State lawmakers recently added new language to the state Property Tax Code to help homeowners understand and challenge changes in their property assessments. 

New Law Promotes Private Trust-Administration Agreements

By Lyman W. Welch and Susan T. Bart
November
2009
Article
Page 562
The new Illinois virtual representation law allows more trustees and beneficiaries to resolve trust matters by private agreement.

Text-messaging while driving banned; Cell phone use prohibited in school and construction zones. PA 096-130 and PA 096-131

November
2009
Illinois Law Update
Page 552
Motorists across the state soon must obey new laws banning text messaging while driving and prohibiting the use of cell phones in school zones and construction areas.

Act creates bill payment assistance program for low-income utilities customers. PA 096-0033

September
2009
Illinois Law Update
Page 444
Illinois lawmakers have amended the Energy Assistance Act to add a new section creating the Percentage of Income Payment Plan (PIPP), intended to help low-income residential customers pay their utility bills. 305 ILCS 20/18. 

New Law Clarifies Illinois’ Sentencing Statutes

By John J. Cullerton, Peter G. Baroni, Daniel S. Mayerfield, Ryan J. Rohlfsen, and Paul H. Tzur
September
2009
Article
Page 466
A newly enacted reorganization of the Unified Code of Corrections helps bring sentencing up to date in Illinois.

New program created to fund capital improvement projects for hospitals. PA 096-0037

September
2009
Illinois Law Update
Page 444
Illinois lawmakers have amended the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois to create, subject to appropriation, a program to award grants to fund capital projects "to improve or renovate [a] hospital's facility or to improve, replace or acquire the hospital's equipment or technology." 

2009 Spring Session Roundup

By Jim Covington
August
2009
Column
Page 396
A summary of key legislation.

Act defines “fair and reasonable compensation” owed when a motor vehicle franchise closes. PA 096-0011

August
2009
Illinois Law Update
Page 392
Illinois lawmakers have amended the Motor Vehicle Franchise Act to specify a manufacturer's obligation to a dealer when a franchise relationship ends.

Act extends ability of terminated employees to continue medical insurance coverage. PA 096-0013

August
2009
Illinois Law Update
Page 392
The Illinois General Assembly has amended the Illinois Insurance Code (Code) and the Health Maintenance Organization Act to provide for circumstances in which employees who are terminated or whose hours fall below the minimum hours necessary for coverage may continue to be covered under a group policy or group HMO coverage plan. 

Budget Act makes changes to state programs to comply with federal stimulus package. PA 096-0008

July
2009
Illinois Law Update
Page 336
The Illinois General Assembly has enacted the FY2009 Budget Implementation (Spring Supplemental) Act to make necessary changes to state programs, so that the governor's supplemental budget for Fiscal Year 2009 can be implemented in keeping with the provisions of the federal economic stimulus package (the American Recovery and Reinvestment Act of 2009).

CTA notice requirement eliminated

By Helen W. Gunnarsson
July
2009
LawPulse
Page 330
Plaintiff’s lawyers are cheering the removal of a notice requirement they say functioned “as a shield against unsuspecting plaintiffs” with legitimate claims against the CTA.

Demystifying Illinois DUI Sentencing

By Larry A. Davis
July
2009
Article
Page 352
Presenting Illinois’ confusing DUI sentencing options as a chart enables practitioners to see at a glance which penalties their clients face.

Illinois’ new will repository law

By Helen W. Gunnarsson
July
2009
LawPulse
Page 330
Legislation headed to the governor will give lawyers a place to deposit wills for long-lost clients.

New open government legislation

By Helen W. Gunnarsson
July
2009
LawPulse
Page 330
A bill awaiting the governor’s signature would make the promise of open records real for more people, supporters say.

Pension Code amended to provide guidelines for the selection of investment service providers. PA 096-0006

July
2009
Illinois Law Update
Page 336
Illinois lawmakers have amended the Illinois Pension Code to include a new section detailing the process for selecting and appointing consultants to provide investment services for retirement systems, pension funds and investment boards subject to the Code (excluding funds established under articles 3 and 4 of the Code).

Illinois Redeploy Program amended PA 095-1050

June
2009
Illinois Law Update
Page 284
Illinois lawmakers amended section 16.1 of the Probation and Probation Officers Act by inserting and deleting language concerning the "Redeploy Illinois Program." 730 ILCS 110/16.1. 

New lead and mercury labeling requirements PA 095-1019

June
2009
Illinois Law Update
Page 284
The Illinois General Assembly amended section 6 of the Lead Poisoning Prevention Act and added two new sections to the Mercury-added Product Prohibition Act. 410 ILCS 45/6, 410 ILCS 46/22, 23. 

Public smoking restrictions amended. PA 095-1029

May
2009
Illinois Law Update
Page 226
The Illinois general Assembly amended several sections of the Smoke Free Illinois Act. 410 ILCS 82/10 et seq. Section 15 of the Act was amended to provide that an owner of a place of employment, public place, or government vehicle, as those terms are defined by the Act, "shall reasonably assure that smoking" is prohibited unless specifically allowed under section 35 of the Act.

“Rape Shield” for Civil Lawsuits

By Helen W. Gunnarsson
May
2009
LawPulse
Page 220
An Illinois House bill would extend the prohibition against admitting evidence of an alleged victim's sexual history to sexual harassment charges.

School Code addresses bonded indebtedness. PA 095-1025

May
2009
Illinois Law Update
Page 226
The Illinois general Assembly amended the School Code by changing section 7-14 which addresses the "Bonded indebtedness-Tax rate." 105 ILCS 5/7-14. 

Uniform Disposition of Unclaimed Property act amended. PA 095-1003

May
2009
Illinois Law Update
Page 226
Illinois lawmakers amended section 20 of the Uniform Disposition of Unclaimed Property Act. 765 ILCS 1025/20.

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