2026 Articles

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 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.

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.

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.

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.

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.

The Department of Revenue adopted an amendment to the Part titled Real Estate Transfer Tax Law, allowing for the use of electronic signatures on electronically transmitted transfer declarations.

The Department of Insurance adopted an emergency amendment to the Construction and Filing of Accident and Health Insurance Policy Forms Part to implement Executive Order 2025-4. The amendment changes the trigger for mandatory vaccine coverage.

On Oct. 8, 2025, the Third District of the Illinois Appellate Court held that the Workers’ Compensation Act’s exclusive-remedy provision barred an employee’s negligence and intentional-misconduct claims against his employer after a coworker struck him in the head with a shovel during a psychotic episode.

The General Assembly enacted the Commission on Youth Sports Act, establishing the Commission on Youth Sports. The commission will gather and evaluate community feedback and make recommendations to the governor, the General Assembly, and the Department of Human Services concerning youth in sports. 

On Nov. 25, 2025, the First District of the Illinois Appellate Court held it lacked jurisdiction to review an eviction judgment because the defendant filed her notice of appeal three days late. The First District also held that it lacked jurisdiction to review orders denying the defendant’s first and second motions for reconsideration and postjudgment “motion to clarify,” but it affirmed the denial of her motion for a rule to show cause.

On Dec. 16, 2025, the First District of the Illinois Appellate Court held that, absent proof of an arrest, there is insufficient evidence to sustain a conviction for resisting arrest.

On Oct. 2, 2025, the Illinois Supreme Court held that the exclusion of a defendant’s mother did not violate his right to a public trial.

The Illinois General Assembly amended the Open Space Lands Acquisition and Development Act to expand grant assistance for projects located in distressed communities and distressed locations.

The Illinois General Assembly amended the Cycle Rider Safety Training Act to define and regulate cycle rider safety training course providers. The Act limits eligible providers to community colleges, state universities, government agencies, and qualified nonprofit or for-profit entities, while expressly excluding motorcycle dealers and businesses that sell motorcycles. 

The Illinois General Assembly amended the Illinois Vehicle Code, strengthening traffic safety protections near parks and schools. The amendment broadens the definition of a “park zone street” by removing the phrase “under the control of a local unit of government,” leaving the definition to encompass any portion of a street or intersection adjacent to a park zone.