2026 Articles

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 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.

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.

The General Assembly amended the School Code to prohibit schools from denying a child a free public education through secondary school based on the child’s actual or perceived immigration status or the actual or perceived citizenship or immigration status of the child’s parent or guardian. 

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.

On April 8, 2026, the Third District of the Illinois Appellate Court affirmed Michael Southall’s convictions for attempted residential arson and aggravated domestic battery but vacated his domestic battery convictions under the one-act, one-crime rule. 

On March 27, 2026, the First District of the Illinois Appellate Court held that a criminal defendant must present some evidence that a murder victim’s use of force was unlawful to qualify for a self-defense jury instruction, that Lynch instructions require proof that the victim actually committed prior violent acts, and that a statutorily-required natural-life sentence was constitutional as applied to the mentally-disabled defendant.

The Illinois State Police (ISP) adopted a new Part titled O’Hare Driver Safety Act, outlining its enforcement procedures under the Act, which prohibits stopping or standing on exit ramps or highway shoulders within a one-half mile radius of the eastern entrance to O’Hare International Airport and the intersection of Interstates 90 and 294.

The Secretary of State also made amendments to the Part titled Cancellation, Revocation, or Suspension of Licenses or Permits, implementing various Public Acts. 

The Illinois General Assembly amended the Vehicle Code to expand driver duties when approaching a stationary emergency vehicle or an emergency scene. 

On March 31, 2026, the First District of the Illinois Appellate Court held that sufficient evidence of a defendant’s control over a vehicle can support a finding of constructive possession of a firearm, but that multiple convictions based on the same physical act violate the one-act, one-crime rule.

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.

On Feb. 26, 2026, the Fifth District of the Illinois Appellate Court held that a claimant is not entitled to benefits under both sections 8(e) and 8(d)(2) of the Workers’ Compensation Act for the same injury, and thus an employer is entitled to credit for payments made under section 8(e) following an award of benefits under section 8(d)(2).

The Illinois Department of Employment Security adopted an amendment to the Part titled Wages, changing how employer 401(k) matching contributions are treated for unemployment-insurance wage reporting. Employer