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 April 17, 2026, the First District of the Illinois Appellate Court held that a defendant raised a colorable actual-innocence claim based on newly discovered evidence of an investigating officer’s prior misconduct.

On April 10, 2026, the First District of the Illinois Appellate Court held that a defendant was entitled to a new trial where newly discovered recantation evidence undermined confidence in his murder conviction.

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.

On April 17, 2026, the First District of the Illinois Appellate Court held that conflicting arbitration provisions in a vehicle purchase transaction were unenforceable because they failed to give the consumer fair notice of his arbitration rights and obligations.

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 Board of Boiler and Pressure Vessel Rules adopted amendments to the Part titled Boiler and Pressure Vessel Safety, updating the national technical codes incorporated by reference in this Part. The amendments also revise administrative recordkeeping requirements for inspection, repair, alteration, replacement, and scrapping records related to boilers and pressure vessels.

The Secretary of State adopted an amendment to the Part titled Public Use of the Capitol Complex and Springfield Facilities, making permanent the current policies (previously set to expire on June 30, 2026) regarding security screening of persons entering buildings within the Capitol Complex.

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.