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Articles From 2010

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Penalties enhanced for uninsured motorists who harm another person. PA 096-0143

June
2010
Illinois Law Update
Page 292
Motorists without automobile insurance who harm another person could face nearly one year in prison under a new law passed last year by the Illinois General Assembly. 

Penalties for unreasonable obstruction of parking place for disabled. PA 096-1125

December
2010
Illinois Law Update
Page 616
The Illinois Vehicle Code has been amended to hold property owners liable for unreasonable obstruction of designated aisles or parking spaces specifically reserved for persons with disabilities. 625 ILCS 5/11-1301.8.

Penalties stiffened for animal and dog fighting. PA 096-0226

February
2010
Illinois Law Update
Page 72
Illinois lawmakers in recent months stiffened penalties for activities associated with animal and dog fighting. 

Penalties stiffened for drunken supervisors of minors driving vehicles. PA 096-1237

November
2010
Illinois Law Update
Page 564
Supervisors of minors driving with instruction permits are now subject to stricter penalties if they use alcohol or drugs while accompanying or instructing the minors. (625 ILCS 5/11-507)  

Penalty and sale delays for mobile homes in disaster areas. PA 096-1211

December
2010
Illinois Law Update
Page 616
Those who own mobile homes in declared disaster areas are now provided a delay of penalties and sale by the Illinois General Assembly. 35 ILCS 515/9.3.

Personal Liability of an Executor or Trustee - Time for a Change

By Timothy L. Bertschy
March
2010
Article
Page 140
Illinois' common law too often makes estate and trust executors and trustees personally liable to third parties, the author argues.

The POA Act amendment that wasn’t

By Helen W. Gunnarsson
May
2010
LawPulse
Page 230
Have you gotten that press release saying the Illinois Department of Public Health has "mandated new language" for healthcare POAs? Well, it hasn't.

Police may confiscate parking passes for disabled if used improperly. PA 96-0072

April
2010
Illinois Law Update
Page 180
Under amendments to the Illinois Vehicle Code, a vehicle parking pass for a person with a disability may only be used by the authorized holder. 625 ILCS 5/11-1301.2.

POWs receive free admission to museums. PA 096-0087

August
2010
Illinois Law Update
Page 400
State lawmakers amended the Historic Preservation Agency Act to provide free admission to museums that receive state funding for former prisoners of war who are residents of Illinois. (20 ILCS 3405/27). 

The preclusive effect of summary suspension hearings in subsequent adjudication

December
2010
Illinois Law Update
Page 616
On September 23, 2010, the Supreme Court of Illinois held that the Circuit Court of Champaign County's finding of probable cause at the hearing on plaintiff's petition to rescind his statutory summary suspension, pursuant to 625 ILCS 5/2-118.1, did not bar the issue of probable cause from re-litigation in a civil suit for malicious prosecution.

Prior sexual activity or reputation evidence generally not admissible in civil trials. PA 096-0307

May
2010
Illinois Law Update
Page 236
New amendments to the Code of Civil Procedure clarify that evidence to prove a victim's prior sexual behavior or reputation is generally not admissible in a civil trial. 735 ILCS 5/8-2801.

Private sewage disposal restricted. PA 096-0801.

March
2010
Illinois Law Update
Page 128
Illinois lawmakers amended the Private Sewage Disposal Licensing Act by adding a new provision that will take effect on January 1, 2013. 

Procedures for sterilization of a ward. PA 096-0272

August
2010
Illinois Law Update
Page 400
The Probate Act of 1975 now provides guidelines regarding consent by guardians for the sterilization of a ward. (755 ILCS 5/11a-17.1). 

Proposed Medicaid transfer limits unfair to elderly, council says

By Helen W. Gunnarsson
December
2010
LawPulse
Page 610

Protecting Clients’ Trade Secrets: A General Practitioner’s Guide

By J. Joseph McCoy
June
2010
Article
Page 300
"Trade secrets" can be nearly any type of valuable information, and clients may need your help identifying and protecting them. Here's how.

Protections extended to elementary and secondary schools. PA 096-0807

March
2010
Illinois Law Update
Page 128
The Illinois General Assembly has amended the Criminal Code of 1961 (Code) to provide for stiffer penalties for those who commit crimes on school property. 

Provena loses its charitable property tax exemption

By Helen W. Gunnarsson
May
2010
LawPulse
Page 230
A hospital that gives away less than one percent of its annual revenue in free patient care doesn't qualify for a charitable property tax exemption, the Illinois Supreme Court holds.

Putting the “hearing” in public hearings

By Helen W. Gunnarsson
December
2010
LawPulse
Page 610
A lawyer's testimony in the supreme court committee hearing on the new evidence rules produces results.

Raising the bar for involuntary commitment in Illinois

By Helen W. Gunnarsson
October
2010
LawPulse
Page 502

Read the letters to the Editor

March
2010
Column
Page 118
Distracted Drivers

Real estate lawyers: beware short-sale fee agreements

By Helen W. Gunnarsson
August
2010
LawPulse
Page 394
A proposed fee arrangement presented to a lawyer by a short sale negotiator raises red flags for a veteran real estate practitioner.

Real Ethics and Courtesy for Divorce Lawyers

By H. Joseph Gitlin
January
2010
Column
Page 52
Not all ethical rules appear in the Rules of Professional Conduct.

Recipe or Disaster? Checklists Can Help

By Hon. Ron Spears
May
2010
Column
Page 268
Checklists can help us reduce avoidable errors.

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. 

Red Light Cameras: Innocent But Guilty

By Professor Jeffrey A. Parness
March
2010
Column
Page 158
Learn about the losing battle to challenge automated traffic enforcement.

Refuse the Bequest or Lose the Will Contest: The Unforgiving Doctrine of Election

By Robert S. Held
July
2010
Article
Page 374
Beneficiaries who accept even a small bequest can be estopped from later challenging the will - and the principle applies to trusts, too.

Reinstatement of real estate license. PA 096-0989

September
2010
Illinois Law Update
Page 452
The Real Estate License Act has been amended to enable managing broker licensees, brokers, and leasing agents more flexibility in renewing their license. (225 ILCS 454/5-50) 

Requirements for training, use of anesthesia in dental procedures strengthened

August
2010
Illinois Law Update
Page 400
The Department of Financial and Professional Regulation recently amended regulations that create enforcement mechanisms for several sections of the Illinois Dental Practice Act, 225 ILCS 25/1 et seq.

Restrictions on use of phosphorus-containing fertilizers. PA 096-1005

September
2010
Illinois Law Update
Page 452
The Illinois General Assembly has placed restrictions on the use of phosphorus-containing fertilizers on the lawn of Illinois Residents. (415 ILCS 65/2).

Retail theft penalties adjusted. PA 096-1301

December
2010
Illinois Law Update
Page 616
 Penalties for theft have been adjusted by Illinois lawmakers to increase the value of property covered by minimum misdemeanor and felony sentencing. 720 ILCS 5/16-1.

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