Illinois Bar Journal

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2015 Articles

Property tax exemptions for disabled veterans

March
2015
Illinois Law Update
Page 20
The Property Tax Code has been amended to expand the property tax exemption for disabled veterans. The exemption now extends to property assessed up to a value of $100,000.

Proposed amendments to Criminal Code of 2012 expand definition of sexual orientation

November
2015
Illinois Law Update
Page 20
The "Hate Crime," "Institutional Vandalism," and "factors in aggravation and extended-term sentencing" sections of the Criminal Code of 2012 (the "Criminal Code") have been amended.

Proposed law would give fiduciaries easier access to decedents’ Facebook, other accounts

By Matthew Hector
June
2015
LawPulse
Page 10
The proposed Uniform Fiduciary Access to Digital Assets Act would make it easier for executors and others to access the growing body of electronic data Illinoisans leave behind.

Proposed rule would require prosecutors to reveal post-conviction exculpatory evidence

By Matthew Hector
September
2015
LawPulse
Page 12
Under a proposed change to the Rules of Professional Conduct, Illinois prosecutors would have to disclose credible post-conviction evidence that a person found guilty is in fact innocent.

The Provisional Admission of Parol Evidence?

By Aaron T. Dozeman
May
2015
Article
Page 34
The four corners rule bars admission of parol evidence to interpret contracts unless they're ambiguous. But in rare cases, the provisional admission approach might allow such evidence.

Public record requests may now be classified as “voluminous”

May
2015
Illinois Law Update
Page 16
The Freedom of Information Act has been amended to add a new definition for "voluminous request."

Ready or Not, the Future is Coming

By Umberto S. Davi
September
2015
Column
Page 10
The ABA meeting was a chance to think big about the future of our profession.

Ready, Set, Vote!

By Richard D. Felice
March
2015
Column
Page 8
ISBA election season opens this month.

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By Vincent F. Cornelius
December
2015
Column
Page 9

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By Vincent F. Cornelius
November
2015
Column
Page 10

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By Vincent F. Cornelius
October
2015
Column
Page 8

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By Umberto S. Davi
January
2015
Column
Page 9

Real estate bills raise concerns among ISBA section councils

By Matthew Hector
May
2015
LawPulse
Page 10
Pending Illinois House and Senate bills could adversely affect condominium owners and contractors, among others.

Real estate owners may bring an action to extinguish an omitted subordinate interest on the property

February
2015
Illinois Law Update
Page 18
A holder of a certificate of sale on a piece of real estate, or any person who acquired title to a piece of real estate pursuant to 735 ILCS 5/15-1509, now has a right to file a strict foreclosure complaint upon discovering the real estate is subject to an omitted subordinate interest.

Record of an arrest based on mistaken identity may be disposed of by State or Local Records Commission

September
2015
Illinois Law Update
Page 18
This bill would amend both the State Records Act and Local Records Act in regard to procedures for destruction of arrest records for arrests based on mistaken identity.

Recovering court costs and attorney’s fees in administrative appeals

January
2015
Illinois Law Update
Page 16
Pursuant to amendments to the Illinois Code of Civil Procedure, if a municipal code hearing officer's decision is reversed by a court in an administrative review action, the plaintiff is entitled to all reasonable costs (including court costs and attorney's fees), provided that:

Reduced reimbursement rates and dispensing fees for healthcare providers

June
2015
Illinois Law Update
Page 16
Under this new addition to the Illinois Public Aid Code, nursing facility services, home health services, children's habilitation centers, specialized mental health rehabilitation facilities, supportive living facilities, ambulance services, pharmacy services, managed care entities...

Relation back applies to amended complaint that substitutes proper special administrator for improperly appointed one

July
2015
Illinois Law Update
Page 18
On April 28, 2015, the Second District Appellate Court held that the relation back doctrine applies when a wrongful death complaint is timely filed by an improperly appointed special administrator, and an amended complaint substitutes the proper administrator as plaintiff after the limitation period has run.

Repealed housing development regulations

December
2015
Illinois Law Update
Page 18
The Development Authority repealed outdated programs pertaining to single-family mortgage purchases. 47 Ill. Adm. Code 220 and 250 (eff. July 24, 2015).

Report: State police crime lab’s toxicology testing methodology flawed

By Matthew Hector
November
2015
LawPulse
Page 14
According to a news report and a criminal defense lawyer, internal audits of the Illinois State Police crime lab's toxicology section reveal fundamental problems with the section's testing methodology.

Representative Durkin proposes changes to the Illinois Code of Civil Procedure

October
2015
Illinois Law Update
Page 18
On July 8, 2015, Representative Durkin proposed changes to Illinois's rules on venue, jury instructions, joint liability, and recovery for medical expenses.

Requests to Admit Facts – or Opinions?

By Hon. William E. Gomolinski
April
2015
Article
Page 40
Some appellate rulings on Rule 216 requests to admit facts require defendants to answer questions about whether medical bills are reasonable. That exceeds the rule's scope, the author argues.

Requiring criminals to help fund Illinois justice - fair or foul practice?

By Matthew Hector
October
2015
LawPulse
Page 12
A recent report cast a critical eye on the widespread practice of charging "user fees" to defendants in the Illinois criminal justice system.

Resources for Researching Illinois Constitutional Law

By Tom Gaylord
November
2015
Column
Page 46
A rundown of the many free resources for researching the Illinois Constitution.

Resources for the (Occasional) Foreign-Law Researcher

By Tom Gaylord
September
2015
Column
Page 48
Low-cost foreign-law research options. 

Restoring Lost Jurisdiction: The Revestment Doctrine

By Kimberly Glasford
September
2015
Article
Page 42
The revestment doctrine allows parties to revest a circuit court with jurisdiction lost with the passage of time. Learn how you can use it to your strategic advantage.

Rethinking Email Encryption

By Charles J. Northrup
October
2015
Column
Page 46
Evolving ethics standards make it more important than ever for lawyers to understand encryption.

Retired law enforcement officers’ concealed carry permit program

May
2015
Illinois Law Update
Page 16
To comply with Section 926C of the federal Law Enforcement Officer Safety Act ("LEOSA"), 18 U.S.C. § 926C(c)(4), the Illinois Law Enforcement Training and Standards Board ("Board") has adopted new rules regarding the issuance of concealed carry permits to qualifying retired law enforcement officers.

Revised background check requirements for child service providers

July
2015
Illinois Law Update
Page 18
As of March 25, 2015, the Department of Children and Family Services ("DCFS") has imposed four new fingerprinting and criminal history background check obligations on employees and residents of child care facilities and foster homes.

Revised definitions and enforcement procedures under the Smoke Free Illinois Act

November
2015
Illinois Law Update
Page 20
In an effort to clarify the Smoke Free Illinois Act, the Department of Public Health ("DPH") has adopted a new Part titled Smoke Free Illinois Code. 77 Ill. Adm. Code 949 (eff. August 14, 2015).

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