2026 Articles

On Dec. 31, 2025, the First District of the Illinois Appellate Court held that a juvenile’s 47-year sentence was not an unconstitutional de facto life sentence because, after resentencing, he became eligible to petition for parole after 20 years, and the sentencing court considered youth-related factors.

On Jan. 27, 2026, the First District of the Illinois Appellate Court held that a Freedom of Information Act (FOIA) request is deemed “received” when it reaches an agency’s security-filtering service, even if no individual is aware of its existence in the inbox.

On Dec. 3, 2025, the First District of the Illinois Appellate Court upheld a conviction for aggravated battery where the state did not fail to disprove affirmative defenses and the trial court properly instructed the jury, even though only 11 of 12 jurors were polled.

The Illinois Secretary of State adopted amendments to the Part titled Illinois Safety Responsibility Law to align license suspensions and security requirements after an uninsured motor vehicle accident with the applicable statute of limitations. 

On Jan. 15, 2026, the Third District of the Illinois Appellate Court held that the trial court properly excluded alternative-suspect evidence as remote and speculative.

The General Assembly amended the Illinois Living Will Act to clarify when a living-will declaration becomes operative and how it interacts with a health care agent.

On Feb. 24, 2026, the Fourth District of the Illinois Appellate Court held that a motion for adult sentencing was untimely where it was filed more than 10 days after the jury returned its verdict, requiring juvenile sentencing under the Juvenile Court Act.

The Office of the Secretary of State added the section Mobile Driver’s Licenses and Identification Cards to the Part titled Issuance of Licenses, allowing individuals who hold a current and valid physical Illinois driver’s license to apply for a mobile driver’s license.

The Department of Children and Family Services (DCFS) adopted amendments to the Part titled Permanency Planning. The rulemakings require DCFS case plans to include hair care plans and add criteria for developing a hair care plan with the child. Hair care plans must be reviewed during regular monthly caseworker contacts.

On Oct. 23, 2025, the Illinois Supreme Court held that a petitioner seeking a certificate of innocence must prove innocence of every offense charged, including counts the state nol-prossed in a plea agreement in addition to the offense for which that petitioner was incarcerated.

The Department of Financial and Professional Regulation adopted amendments to the Part titled Funeral Directors and Embalmers Licensing Code, establishing chain of custody procedures that funeral establishments must use to clearly identify human remains in their possession and through final disposition.

On Dec. 3, 2025, the Third District of the Illinois Appellate Court held that a modification of a child support order was appropriate where there was a substantial change in circumstances warranting modification and that the trial court did not abuse its discretion in setting the amount.

On Feb. 26, 2026, the First District of the Illinois Appellate Court held that a finding of abuse cannot stand where there is insufficient corroboration of a child’s hearsay statements.

The Department of Commerce and Economic Opportunity adopted amendments to the Part titled Illinois Live Theater Production Tax Credit, implementing changes that add commercial Broadway touring shows and nonprofit theater productions to the list of productions eligible for tax credits.

The General Assembly amended the Rights of Crime Victims and Witnesses Act to expressly enshrine the right of a person who reports being a crime victim to be treated with fairness and respect during the investigatory process. 

On Oct. 31, 2025, the First District of the Illinois Appellate Court held that a defendant received ineffective assistance of counsel where the trial counsel failed to object to, and even stipulated to, other-crimes evidence that had been barred before trial. Counsel also failed to object to hearsay testimony that bolstered the complaining witness’s credibility, as well as referenced the same inadmissible hearsay testimony multiple times at trial.

On Oct. 15, 2025, the Fourth District of the Illinois Appellate Court held that even when current pattern jury instructions do not fully track existing law, the error is not sufficient to overturn a conviction when it does not prejudice the defendant.

On Jan. 27, 2026, the Third District of the Illinois Appellate Court held that a demolition order is proper where the defendant had reasonable opportunity to repair the residence, and that fines may not be imposed based on potential future violations.

The Illinois General Assembly amended the Department of Public Health Act, requiring the department to distribute clinical, evidence-based information about matters surrounding women’s health and fertility. The Act directs the department to provide this information to health care professionals such as physicians, advanced practice nurses, physician assistants, and podiatrists for distribution to patients.

The Department of Revenue adopted amendments to the Part titled Amnesty Regulations, implementing Public Act 104-6 by establishing a tax amnesty period that ran from Oct. 1 through Nov. 17, 2025.