2022 Articles

Physical fitness center has a duty to use defibrillator when patron suffers cardiac event at facility

August
2022
Illinois Law Update
, Page 16
On May 19, the Illinois Supreme Court affirmed the Illinois Appellate Court’s decision imposing a legal duty on a fitness center to use an automated external defibrillator (AED) on patrons suffering a cardiac event.

Pilot program implemented promoting unbiased decision-making for removal of children

December
2022
Illinois Law Update
, Page 12
The Illinois General Assembly adopted the Bias-Free Child Removal Pilot Program Act. The Act promotes unbiased decision-making in the child removal process by seeking to decrease the overrepresentation of Black, indigenous, and people of color children in out-of-home placements.

Point of contact established to receive complaints and input from the public regarding incarcerated individuals and Department of Corrections facilities

October
2022
Illinois Law Update
, Page 16
This Act amends the Unified Code of Corrections by establishing a point of contact to receive requests, suggestions, and complaints from the public pertaining to institutions, facilities, and incarcerated individuals within the Department of Corrections (DOC).

Police had reasonable suspicion to conduct lawful Terry stop after anonymous tip

March
2022
Illinois Law Update
, Page 18
On Dec. 16, 2021, the Illinois Supreme Court affirmed a trial court’s denial of a motion to suppress evidence obtained through a Terry stop.

Postjuvenile conviction does not support the armed habitual provision of the Criminal Code

January
2022
Illinois Law Update
, Page 16
On Oct. 12, 2021, the First District of the Illinois Appellate Court reversed a trial court’s judgment that a juvenile was an armed habitual criminal.

Powerful Password Programs

By Jeffrey R. Schoenberger
November
2022
Column
, Page 42
Free and paid options for feature-rich password protection and syncing.

Powering Through It

By Jeffrey S. Krause
March
2022
Column
, Page 44
Purchases you’ll never regret: backup batteries and surge protectors.

The presumed average cost of free meals provided to employees for purposes of establishing employers’ use tax liability increased to $3.50

March
2022
Illinois Law Update
, Page 18
The Department of Revenue adopted an amendment to the Part titled Retailers’ Occupation Tax. When an employer gives away personal property to an employee, the employer must pay use tax at the rate that would have been imposed at the time the employer acquired the property from the supplier.

Prima facie discrimination established against Champaign-Urbana Public Health Department for employee demotions

July
2022
Illinois Law Update
, Page 14
On April 14, 2022, the Fourth District of the Illinois Appellate Court held individuals made out a valid prima facie racial discrimination claim against the Champaign-Urbana Public Health District for demotions, but not for failure to promote employees.

The Problem-Solving Court Boom

By Becky Hougesen Walters
September
2022
Article
, Page 30
How problem-solving courts across Illinois improve criminal justice, including during the COVID-19 pandemic. Plus, a bonus list of contacts by Illinois county.

Procedural hearing processes changed for out-of-state persons subject to lifetime driving restrictions

February
2022
Illinois Law Update
, Page 14
The secretary of state adopted amendments to Procedures and Standards for formal and informal administrative reinstatement of driving privileges hearings.

Procedures for display of U.S. flag at half-staff adopted

April
2022
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Flag Display Act to detail procedures for flying the U.S. national flag at half-staff. The flag should first be raised to the peak of the pole and then lowered to the half-way position.

Proclamations, Celebrations, and Disasters

By Jesse Bowman
May
2022
Column
, Page 42
Online resources for finding the full text of executive orders and proclamations issued by Illinois governors.

Propensities, for Evidence and Violence

By Charles Golaszewski
May
2022
Article
, Page 30
Propensity evidence and opposing expungements in domestic violence situations.

Proper Password Principles

By Jeffrey R. Schoenberger
October
2022
Column
, Page 44
It takes mere seconds to crack weak passwords. Learn how to force hackers to spend 395 quadrillion years cracking yours.

Property tax appeals may be conducted by video

February
2022
Illinois Law Update
, Page 14
The Property Tax Appeal Board adopted an amendment to Practice and Procedure allowing for hearing appeals by video.

Prosecutor did not impermissibly shift the burden of proof to defendant when prosecutor did not blame defendant for not requesting evidence testing

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court held that a prosecutor did not impermissibly shift the burden of proof to the defendant when the prosecutor said in rebuttal closing argument that the defendant could have requested evidence testing.

Prosecutor’s comments about hearsay during closing argument not improper

August
2022
Illinois Law Update
, Page 16
On May 19, the Illinois Supreme Court held that a prosecutor’s comments about hearsay at closing argument were not improper.

Protecting Household Privacy Act implements parameters on the collection and use of household electronic data by law enforcement

June
2022
Illinois Law Update
, Page 16
The Protecting Household Privacy Act provides that law enforcement agencies shall not obtain data from household electronics from a private third party.

Protecting Our Profession and Values

By Rory T. Weiler
October
2022
Column
, Page 8
The ISBA’s prominent role in the adoption of an ABA resolution reaffirming the ABA’s long-standing ban on nonlawyer ownership of law firms and sharing fees with nonlawyers.
1 comment (Most recent October 5, 2022)

Public defender may act as attorney for noncitizens in limited circumstances

March
2022
Illinois Law Update
, Page 18
The Illinois General Assembly enacted Public Act 102-0410, which provides that in counties with populations greater than 3 million, the public defender may represent noncitizens in immigration cases.

Public Service and the ISBA

By Ed Finkel
October
2022
Cover Story
, Page 20
Of the many ways the ISBA serves the public, judicial evaluations, high school mock trial competitions, and providing the public with legal information tops them all. Of course, there is much, much more.

Racial disproportionality of children and parents involved in the child welfare system to be examined

January
2022
Illinois Law Update
, Page 16
The Racial Disproportionality in Child Welfare Task Force Act is enacted to examine the racial disparities of children and families in the child welfare system and to identify practices that could reduce such racial disproportionality.

Ready for Launch!

By Ed Finkel
September
2022
Cover Story
, Page 20
The ISBA’s Solo and Small Firm Conference is back, in person, and stuffed with empowering information for taking your practice to the next level.

Ready to Lead?

By Rory T. Weiler
January
2022
Column
, Page 10
Nominate Yourself for an ISBA Committee or Section Council

Ready to Make a Difference?

By Shawn S. Kasserman
December
2022
Column
, Page 9
Nominate Yourself for an ISBA Committee or Section Council

Ready to Make a Difference?

By Shawn S. Kasserman
November
2022
Column
, Page 10
Nominate Yourself for an ISBA Committee or Section Council

Ready to Make a Difference?

By Shawn S. Kasserman
October
2022
Column
, Page 10
Nominate Yourself for an ISBA Committee or Section Council

The recipient of an anatomical gift cannot be based on the potential recipient’s physical or mental disability

July
2022
Illinois Law Update
, Page 14
This Act amends the Illinois Anatomical Gift Act by providing that a hospital, physician, surgeon, procurement organization, or another person shall not deem an individual ineligible to receive an anatomical gift or organ transplant solely based on an individual’s mental or physical disability.

Rental Housing Support Program requirements modified and updated for landlords and developers

October
2022
Illinois Law Update
, Page 16
The Illinois Housing Development Authority adopted amendments to the Rental Housing Support Program (RHS) to align with the Rental Housing Support Program Act.