2021 Articles

Curbside voting and vote-by-mail procedures expanded

July
2021
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Election Code to provide for the allocation of funds toward maintaining security in the receipt of vote-by mail-ballots and delineating procedures for curbside voting.

Debilitating medical conditions list expanded for medicinal cannabis

August
2021
Illinois Law Update
, Page 18
The Department of Public Health adopted amendments to the Compassionate Use of Medical Cannabis Pilot Program. These amendments update various definitions and incorporations, expand the list of debilitating conditions, add requirements for health care professionals regarding the completion of a written certification, and add participation requirements for veterans receiving care at Veterans Affairs (VA) medical facilities.

Defendant with intellectual disability may be incapable of voluntarily waiving Miranda rights

April
2021
Illinois Law Update
, Page 18
On Jan. 7, 2021, the Fourth District of the Illinois Appellate Court invalidated a Miranda waiver by a defendant with an intellectual disability who at one point raised his wish for a lawyer.

Defendant’s 50-year sentence for first-degree murder vacated and remanded partly due to traumatic childhood life

June
2021
Illinois Law Update
, Page 14
On March 31, 2021, the First District of the Illinois Appellate Court vacated a 19-year-old’s 50-year sentence on a first-degree murder conviction when the defendant did not fire the murder weapon and had a traumatic childhood.

Defendant’s insurer not bound by Illinois’ postjudgment interest statute

March
2021
Illinois Law Update
, Page 18
On Dec. 9, 2020, the First District of the Illinois Appellate Court held that the Illinois postjudgment interest statute does not bind a defendant’s insurer, since the insurer’s obligation for paying the judgment amount is contractual only and hence governed by the terms and conditions of the insurance policy.

A defendant’s intellectual disability does not nullify his voluntary jury waiver

March
2021
Illinois Law Update
, Page 18
On Dec. 31, 2020, the First District of the Illinois Appellate Court held that a defendant’s intellectual disability alone does not nullify his voluntary jury waiver.

Defendant’s mental illness does not establish cause for his failure to raise unfitness defense in earlier postconviction petition

May
2021
Illinois Law Update
, Page 16
On Feb. 11, 2021, the First District of the Illinois Appellate Court dismissed a successive postconviction petition raising a due-process violation on fitness grounds because the defendant neither raised the claim earlier nor showed cause for such failure.

Defendant’s motion to suppress evidence valid because defendant lacked knowledge and control of contents containing controlled substance

October
2021
Illinois Law Update
, Page 14
Defendant was convicted after jury trial of possession of a controlled substance and possession with intent to deliver.

Defendant’s obligation to register under the Violent Offender Act does not confer standing to challenge conviction

July
2021
Illinois Law Update
, Page 14
On April 15, 2021, the Illinois Supreme Court held that a trial court may summarily dismiss a postconviction petition for lack of standing.

Defense counsel’s mentioning of defendant’s race in closing arguments may constitute ineffective assistance

March
2021
Illinois Law Update
, Page 18
On Dec. 31, 2020, the Third District of the Illinois Appellate Court held that counsel’s mentioning of the defendant’s race in closing arguments constitutes ineffective assistance if not based on evidentiary reasons.

Denial of convicted felon’s request for firearm owners identification card affirmed

December
2021
Illinois Law Update
, Page 14
On Sept. 2, 2021, the Illinois Supreme Court affirmed a trial court’s holding regarding the denial of a Firearm Owners Identification (FOID) card.

Denying transgender employee use of the women’s bathroom violates the Illinois Human Rights Act

December
2021
Illinois Law Update
, Page 14
On Aug. 13, 2021, the Second District of the Illinois Appellate Court held that denying a transgender woman access to the women’s bathroom was discrimination under the Illinois Human Rights Act.

Department of Healthcare and Family Services to assist with unadjudicated child support interest services

January
2021
Illinois Law Update
, Page 14
The Department of Healthcare and Family Services adopted amendments to the Part titled Child Support Services. The amendments provide that the department may rule on whether and how to enforce interest payments in domestic-support obligations cases.

Department of Human Services shall provide information on the risks of developing dependence on opioids and alternative treatments

December
2021
Illinois Law Update
, Page 14
The Controlled Substance Act is amended to mandate the Department of Human Services to provide information on opioid dependence.

Detective did not violate the Fourth Amendment by obtaining information from defendant’s internet service provider

July
2021
Illinois Law Update
, Page 14
On March 10, 2021, the Second District of the Illinois Appellate Court held that a detective did not violate the Fourth Amendment by obtaining information via subpoena to the defendant’s internet service provider (ISP).

Discovery Orders and the Peer-Review Privilege

By Daniel Schwartz
April
2021
Article
, Page 24
Limiting the discoverability of medical research in Illinois.

Discretionary sentence credit available for offenders not guilty of recent serious disciplinary offense

July
2021
Illinois Law Update
, Page 14
The Department of Corrections (DOC) adopted amendments that replace an earlier emergency rulemaking that provided for discretionary sentence credits to be awarded to offenders who have not committed a recent disciplinary offense. The amendments are aimed at reducing the population of Illinois Department of Corrections inmates.

Dismissal of pro se postconviction petition challenging the state’s exclusion of a Black venire member reversed

September
2021
Illinois Law Update
, Page 18
On June 8, 2021, the First District of the Illinois Appellate Court reversed the trial court’s dismissal of Valen Little’s pro se postconviction petition. The First District found that Little made an arguable claim of ineffective assistance of counsel for failing to challenge the state’s exclusion of a Black venire person from the jury.

Do Not Try This Yourself

By Nigel S. Smith
November
2021
Article
, Page 10
Helping people think through the hazards of taking on the law pro se

A driver shall use a signal of intention continuously for a specified distance

December
2021
Illinois Law Update
, Page 14
The Vehicle Code is amended to specify the correct use of turn signals.

A driver’s license applicant must provide proof of insurance for the vehicle to be used during the road test or demonstrate that the vehicle is exempt from the mandatory insurance requirements

October
2021
Illinois Law Update
, Page 14
The secretary of state adopted amendments to Issuance of Licenses effective July 7, 2021, combining two separately proposed rulemakings.

E-signatures are legally recognized and enforceable

September
2021
Illinois Law Update
, Page 18
The Illinois General Assembly adopted the Uniform Electronic Transactions Act. The Act makes legally recognizable any transaction conducted through electronic records or signatures.

Election laws expanded for voting by mail and at temporary polling locations

September
2021
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Illinois Election Code by changing and adding numerous sections in preparation for the 2022 election cycle.

Emissions regulations imposed on Metro East area to accompany scheduled expansion of aerospace facility operations

June
2021
Illinois Law Update
, Page 14
The Pollution Control Board adopted amendments to its definitions and general provisions to expand limitations on pollution to aerospace operations.

Employees hired by mortgage lender following a foreclosure did not trespass or assault plaintiff by entering home to change locks and “winterize”

October
2021
Illinois Law Update
, Page 14
The plaintiff, who fell behind on her home mortgage payments, filed complaints for trespass, negligent trespass, and assault. While the plaintiff was present in her house, and without notice or permission from the plaintiff, two men removed the lock on her back door and entered her house, having been instructed by the company hired by the mortgage lender to change the locks and “winterize” the house if it was vacant.

Employees may receive two weeks of unpaid leave after the death of their child

November
2021
Illinois Law Update
, Page 16
The Department of Labor adopted new rules to implement and enforce the Child Bereavement Act, which will affect employers and eligible employees as defined in the Family Medical and Leave Act.

Environmental Protection Agency updates reporting and corrosion prevention requirements for community water supplies

February
2021
Illinois Law Update
, Page 14
The Illinois Environmental Protection Agency (IEPA) replaced the Part titled Public Water Supply Capacity with a new Part titled Community Water Supplies. The new rules specify electronic reporting requirements, address the environmental degradation that may result from corrosion prevention and mitigation procedures, and reaffirm existing standards on capacity development for community water supplies.

An Ex-Citing Rule

By Ed Finkel
January
2021
LawPulse
, Page 10
Rule 23 amendment makes room for citing unpublished orders.

Expiration date for firearm owners identification and firearms concealed carry license cards conditionally valid due to pandemic

December
2021
Illinois Law Update
, Page 14
The Illinois State Police amended the Firearm Owners Identification (FOID) Card Act and Firearm Concealed Carry Act. In response to the COVID-19 pandemic, the amendment allows holders of expired FOID cards during the pandemic to have conditional renewal up to six months after a proclamation expires or a new card is issued.

Failing to inform defendant of class X sentencing eligibility constitutes ineffective assistance of counsel

April
2021
Illinois Law Update
, Page 18
On Jan. 29, 2021, the Third District of the Illinois Appellate Court held that a defense counsel’s failure to inform the defendant of the defendant’s class X sentencing eligibility constitutes ineffective assistance.