Publications

Articles on Legislation

Illinois’ New Anti-SLAPP Statute

By Eric M. Madiar and Terrence J. Sheahan
December
2008
Article
Page 620
The Act should quell libel suits against those who legitimately petition government for redress. But does it also shield those who intentionally defame others?

New homeowner notice required in foreclosure actions. PA 095-0961

December
2008
Illinois Law Update
Page 612
On September 23, 2008, the House voted to override an amendatory veto proposed by Governor Blagojevich and passed Senate Bill 1879

Code of Civil Procedure amended. PA 095-0831

November
2008
Illinois Law Update
Page 554
The Illinois General Assembly has amended the Code of Civil Procedure by modifying several sections. 735 ILCS 5/3.

Criminal Code creates “grooming” and “traveling to meet a minor” offenses. PA 095-0901

November
2008
Illinois Law Update
Page 554
Illinois lawmakers amended the Criminal Code of 1961 to include two new related offenses: "grooming" and "traveling to meet a minor." 720 ILCS 5/11-25, 11-26. 

Order-of-protection laws amended to prohibit access to health records. PA 095-0912

November
2008
Illinois Law Update
Page 554
The Illinois General Assembly amended Section 602.1 of the Illinois Marriage and Dissolution of Marriage Act and Section 222 of the Illinois Domestic Violence Act to prohibit health care providers from releasing a child's health care records to any respondent listed in an order of protection. 750 ILCS 5/602.1, 750 ILCS 60/222.

Plaintiff-friendly ADA amendments take effect Jan.1

By Helen W. Gunnarsson
November
2008
LawPulse
Page 548
Amendments to the Americans with Disabilities Act legislatively overturn recent U.S. Supreme Court rulings.

Sale of Tobacco to Minors Act amended. PA 095-0905

November
2008
Illinois Law Update
Page 554
Illinois lawmakers amended the Sale of Tobacco to Minors Act by prohibiting the sale of "loose" cigarettes "not contained within a sealed container" to minors, and making it a crime for minors to use false identification to obtain cigarettes and other tobacco products. 720 ILCS 675/1.

Unlawful Use of Encryption offense created. PA 095-0942

November
2008
Illinois Law Update
Page 554
The Criminal Code of 1961 has been amended by adding section 16D-5.5 "[u]nlawful use of encryption," which prohibits the use of encryption to commit or assist in committing a criminal offense. 720 ILCS 5/16D-5.5. 

Commission on the Elimination of Poverty Act created. PA 095-0833

October
2008
Illinois Law Update
Page 504
The Illinois General Assembly created the Commission on the Elimination of Poverty Act to support "the goal of the State of Illinois that all people be free from poverty." Section 5 notes that in the Illinois Constitution, "the elimination of poverty" is among the core goals of our state government. 

Criminal Code of 1961 amended. PA 095-0849

October
2008
Illinois Law Update
Page 504
Effective January 1, 2009, the Criminal Code of 1961 is revised by adding a Cyber-bullying Law which provides penalties for harassment through electronic communication mediums. 720 ILCS 5/12-7.5. 

New law attempts to simplify zoning hearings

By Helen W. Gunnarsson
October
2008
LawPulse
Page 498
 A new law classifies zoning decisions as legislative acts, not administrative rulings. This will streamline zoning proceedings, proponents say.

Sex Offender Community Notification Law amended. PA 095-0817

October
2008
Illinois Law Update
Page 504
On August 14, 2008, the Sex Offender Community Notification Law was amended by adding Section 116 titled "Missing Sex Offender Database." 730 ILCS 152/116.

Statutory change gives right to counsel to juveniles facing detention

By Helen W. Gunnarsson
October
2008
LawPulse
Page 498
 An amendment to the Juvenile Court Act requires that counsel be appointed for a juvenile defendant in custody at or before his or her initial court hearing.

Illinois ratifies National Popular Vote Act. PA 095-0714

September
2008
Illinois Law Update
Page 444
Illinois policymakers ratified and approved the "Agreement Among the States to Elect the President by National Popular Vote Act." 

Mosquito Abatement District Act amended. PA-095-0664

September
2008
Illinois Law Update
Page 444
The Mosquito Abatement District Act has been amended by adding subsection (b) to Section 10 of the Act. 70 ILCS 1005/10(b).

The Public Utilities Act amended. PA 095-0660

September
2008
Illinois Law Update
Page 444
The Public Utilities Act was amended by adding section 8-408 titled "Energy efficiency plans for small multi-jurisdictional utilities." 220 ILCS 5/8-408. 

State Finance Act amended to create Domestic Violence funds. PA 095-0711

September
2008
Illinois Law Update
Page 444
The State Finance Act has been amended with the addition of sections 30 ILCS 105/5.675 and 6z-69 to create the Married Families Domestic Violence Fund for domestic violence assistance and services.

Training for Individuals who use Radionuclides for Medical Purposes

September
2008
Illinois Law Update
Page 444
The Illinois Emergency Management Agency amended the rules governing medical use of radioactive material.

2008 Spring Session Roundup

By Jim Covington
August
2008
Column
Page 394
A summary of key legislation passed this spring by the Illinois General Assembly.

Illinois Lottery Law amended for the benefit of Illinois veterans. PA 095-0649

August
2008
Illinois Law Update
Page 390
The Illinois Lottery Law was amended by changing section 21.6 of the law. 20 ILCS 1605/21.6. 

Perinatal HIV Prevention Act amended. PA 095-0702

August
2008
Illinois Law Update
Page 390
The Illinois General Assembly amended sections 10 and 15 of the Perinatal HIV Prevention Act. 410 ILCS 335/10 & 15.

Substance Abuse Prevention on Public Works Projects Act passed. PA 095-0635

August
2008
Illinois Law Update
Page 390
Illinois lawmakers passed the Substance Abuse Prevention on Public Works Projects Act. 820 ILCS 130/5.5. 

Agency Energy Efficiency Act passed. PA 095-0559

July
2008
Illinois Law Update
Page 340
The Illinois General Assembly has passed the Agency Energy Efficiency Act to address the energy use of state agencies. PA 095-0559.

Illinois Act on Aging amended. PA 095-0565

July
2008
Illinois Law Update
Page 340
The Illinois General Assembly has amended the Illinois Act on Aging. 20 ILCS 105/4.02. Section 4.02 of the Act, titled "Community Care Program" has been changed by deleting language naming "home health services," "home nursing services," and "chore and housekeeping services," and adding subsections (k-6) through (k-8). 

Illinois Vehicle Code amended. PA 095-0542

July
2008
Illinois Law Update
Page 340
Illinois lawmakers have amended the Illinois Vehicle Code by adding two new sections dealing with Iraq and Afghanistan Campaign license plates. 625 ILCS 5/3-664, 3-665. New Section 3-664 titled "Iraq Campaign license plates" describes the procedure for applying for such plates. 

Inference permitted to satisfy element of reckless homicide. PA 095-0587

July
2008
Illinois Law Update
Page 340
The Criminal Code of 1961 has been amended by adding subsection (e-10) to Section 9-3 dealing with "Involuntary Manslaughter and Reckless Homicide." 720 ILCS 5/9-3. 

Caveat Contractor: Recent Cases Interpret the Home Repair and Remodeling Act

By Brian R. Kalb
June
2008
Article
Page 298
A discussion of recent HRRA cases, including a new one from the supreme court holding that the Act doesn't apply to subcontractors.

Collection Agency Act amended. PA 095-0437

June
2008
Illinois Law Update
Page 284
The Collection Agency Act has been amended to add two new sections. 225 ILCS 425/9.1 and 9.2. The Act sets requirements for debt collectors or collection agencies regarding communication with persons other than the debtor, and communication in connection with debt collection.

General Assembly enacts the Diabetes Initiative Act. PA 095-0419

June
2008
Illinois Law Update
Page 284
The General Assembly has enacted the Diabetes Initiative Act, Section 5 of which states that the Department of Human Services "shall develop a strategic plan to slow the rate of diabetes as a result of obesity and other environmental factors by the year 2010."

The Mental Health and Developmental Disabilities Administrative Act is amended. PA 095-0427

June
2008
Illinois Law Update
Page 284
Sections 4.3 and 70 of the Mental Heath and Developmental Disabilities Administrative Act have been amended by the General Assembly. 20 ILCS 1705/4.3 and 70. Subsection (b) of Section 4.3, concerning "Site visits and inspections," has been changed by adding language providing that the Department of Human Services will establish a system of "regular and ongoing" on-site inspections "that shall occur at least annually." 

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