2026 Articles

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.

An amendment to Part 440 of Title 86 of the Illinois Adminstrative Code changes how distributors, secondary distributors, and manufacturers must record and report tobacco product sales, purchases, and inventory. 

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.

An amendment to Part 450 of the Cigarette Use Tax Act changes how distributors and secondary distributors must record and report cigarette purchases, sales, and inventory. 

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 March 31, 2026, the First District of the Illinois Appellate Court held that in-court statements only constitute direct criminal contempt when they are intended to create a clear and present danger to the administration of justice.

The Office of the Secretary of State adopted amendments to the Court of Claims regulations authorizing remote participation and the electronic filing of documents.

The Illinois General Assembly enacted the End-of-Life Options for Terminally Ill Patients Act. The Act will permit a mentally capable adult resident with a terminal disease to request a prescription for self-administered medication that brings about a peaceful death.

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. 

The General Assembly amended the Criminal Identification Act and Juvenile Court Act of 1987 to establish the Clean Slate Act. The Act creates an automatic sealing process for eligible criminal records without the filing of a petition. 

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.

The Illinois General Assembly amended the School Code to address photos or other digital media generated by artificial intelligence (AI) and used for cyberbullying. 

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 March 27, 2026, the First District of the Illinois Appellate Court affirmed that the state met its burden to justify pretrial detention by demonstrating that no conditions of release could mitigate a defendant’s threat to the victim or the community.

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.