2002 Articles

Legislation mandates DNA testing for felons P.A. 92-0829

November
2002
Illinois Law Update
, Page 584
On August 22, 2002, Gov. Ryan also signed into law a bill requiring convicted felons to submit DNA samples to state police.

Legislation permits doctors to form limited liability companies P.A. 92-144

January
2002
Illinois Law Update
, Page 14
In July, Gov. Ryan signed into law Senate Bill 133, which amends the Limited Liability Company Act.

Legislation permits service of process for eviction to be made upon unknown occupant P.A. 92-0823

November
2002
Illinois Law Update
, Page 584
On August 21, 2002, Gov. George H. Ryan signed into law Senate Bill 1934, amending the Code of Civil Procedure in order to permit service of process for eviction to be made upon an unknown occupant of a premises.

Legislation permits sexual assault nurse examiners to perform examinations of sexual assault victims P.A. 92-514

March
2002
Illinois Law Update
, Page 120
Legislation signed by Gov. Ryan in January amends the Sexual Assault Survivors Emergency Treatment Act to authorize sexual assault nurse examiners to perform examinations of sexual assault victims using a State Police Evidence Collection Kit (SPECK).

Legislation prescribes insurance requirements for condominium associations; P.A.92-0518

April
2002
Illinois Law Update
, Page 176
In January, Gov. Ryan signed into law Senate Bill 1046 amending the Condominium Property Act by replacing certain provisions of the Act pertaining to insurance for condominium associations and risk pooling trust funds for condominium associations or common interest community associations. Under the new law.

Legislation prohibits alcohol on public school property P.A. 92-0507

April
2002
Illinois Law Update
, Page 176
Legislation recently signed into law by Gov. Ryan amends the Liquor Control Act of 1934 by providing that any person in possession of alcoholic liquor on public school district property during school days or at events on public school district property when children are present is guilty of a petty offense.

Legislation prohibits child sex offenders from knowingly residing within 500 feet of victim’s residence P. A. 92-0828

December
2002
Illinois Law Update
, Page 634
On August 22, 2002, Gov. George H. Ryan signed into law House Bill 5874, which amends the Criminal Code of 1961 by providing that a child sex offender may not knowingly reside within 500 feet of the victim of the offense.

Legislation provides for funding of public defender salaries P.A. 92-508

March
2002
Illinois Law Update
, Page 120
Legislation recently signed into law by Gov. George H. Ryan amends the Counties Code by requiring the state of Illinois to pay 66 2/3 percent of a public defender's annual salary in every county within the state.

Legislation provides penalties for employers failing to comply with self-insurance requirements of the Workers’ Compensation Act P.A. 92-324

February
2002
Illinois Law Update
, Page 66
Legislation signed into law in August by Gov. Ryan amends the Workers' Compensation Act by providing that a minimum civil penalty of $10,000 will be assessed against any employer, service or adjustment company, or insurance carrier that fails to comply with the self-insurance provisions of the Workers' Compensation Act.

Legislation reenacts portion of invalidated criminal law P.A. 92-502

March
2002
Illinois Law Update
, Page 120
Gov. Ryan recently signed legislation reinstating the criminal law provisions of a law struck down by the Illinois Supreme Court in September of 2001.

Legislation requires direct notice to employees if an employer fails to make payments for an employer provided health insurance plan P.A. 92-0126

June
2002
Illinois Law Update
, Page 288
Gov. Ryan signed into law Senate Bill 1019 on July 20, 2001, which amended the Employee Benefit Contribution Act.

Legislation restricts insurance companies from denying insurance solely on the basis of the applicant’s credit reports; P.A. 92-0480

May
2002
Illinois Law Update
, Page 232
In August of last year, Gov. Ryan signed into law House Bill 2419, which amends the Illinois Insurance Code by providing that insurance companies authorized to do business in Illinois are prohibited from refusing to issue or renew certain policies of automobile insurance, fire and extended coverage insurance, and personal lines insurance, solely on the basis of an applicant's credit reports.

Legislation turns a misdemeanor battery into a felony aggravated battery when committed in or near a domestic violence shelter P.A. 92-516

March
2002
Illinois Law Update
, Page 120
In January, Gov. Ryan signed into law Senate Bill 175, which amended the Criminal Code of 1961 by making a misdemeanor offense of battery a felony offense of aggravated battery when the battery occurs in a building or other structure used to provide shelter or other services to domestic violence victims or the victims' dependent children.

Litigating a Zoning Case in Illinois

By Michael D’Orsi
June
2002
Article
, Page 300
Here's how to challenge a zoning ordinance on behalf of property owners and developers.

Litigation Expenses; Should Attorneys Be Presumed Liable?

By John D. Ingram
January
2002
Article
, Page 41
Professor Ingram argues that attorneys, not clients, should be liable for the fees of third-party providers unless they expressly disclaim.

Litigation Resources on the ‘Net for Illinois Lawyers

By Adria P. Olmi
July
2002
Column
, Page 381
Some leading litigation-related online resources.

Local Governmental and Governmental Employees Tort Immunity Act shields school district from liability when shop teacher makes discretionary policy determination involving safety of saw

October
2002
Illinois Law Update
, Page 512
On August 14, 2002, the Appellate Court of Illinois, Fourth District, affirmed the holding of the circuit court of Vermilion County, and held that the school district was shielded from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Act), 745 ILCS 10/2-201.

Losing Arguments

By Maureen B. Collins
December
2002
Column
, Page 669
Avoid these rotten eggs masquerading as arguments and put more Xs in your "win" column.

Making mediation work

By Helen W. Gunnarsson
March
2002
LawPulse
, Page 114
Experienced lawyer-mediators offer tips for getting the most out of this increasingly popular alternative to litigation.

Making the Most of Your Oral Argument

By Jean M. Prendergast
April
2002
Article
, Page 207
How to capitalize on your last opportunity to face the court.

Making the Record: Appellate Practice Starts at Trial

By Charles P. Goldbert
April
2002
Article
, Page 195
Steps to take and pitfalls to avoid in making sure that information makes it into the record.

Managing E-Mail (Part 2): Storing Messages

By Todd Flaming
February
2002
Column
, Page 95
Do you find yourself printing e-mail missives and saving the paper? Here's a better way to create an e-mail archive.

A Matter of Trust

By Tim Eaton
February
2002
Column
, Page 60
When I was growing up in Decatur, I had an image of lawyers that has shaped my view of our profession later in life.

Maximum fee and service charge for vehicle registration increased

December
2002
Illinois Law Update
, Page 634
On September 16, 2002, the secretary of state amended rules relating to registration of vehicles in title 92 of the Illinois Administrative Code.

Mediation: A Nonadversarial Alternative to a Win-Lose System

By Robin Hoberman
November
2002
Article
, Page 588
Common-sense tips to follow before and during mediation.

Medical assistance for persons with breast or cervical cancer

April
2002
Illinois Law Update
, Page 176
On December 28, 2001, the Illinois Department of Public Aid (department) adopted new subsections to section 120 of the Illinois Administrative Code. 89 Ill Adm Code 120.

Mental health services in nursing facilities

May
2002
Illinois Law Update
, Page 232
On February 15, 2002, the Illinois Department of Public Aid adopted amendments to section 145 of the Illinois Administrative Code. 89 Ill Adm Code 145.

More Bread, Fewer Claims

By Karen J. Dilibert
June
2002
Column
, Page 321
Want to increase your chances of collecting fees while sending clients away happy; or at least not fighting mad? Then read on.

New 7CA limits on arbitration agreements

By Helen W. Gunnarsson
June
2002
LawPulse
, Page 282
Employer-employee arbitration agreements that require each party to pay its own attorney fees in civil rights and sexual harassment cases are unenforceable, the seventh circuit rules.

New county fair regulations adopted

June
2002
Illinois Law Update
, Page 288
On April 1, 2002, the Illinois Department of Agriculture (department) adopted amendments to section 260 of the Illinois Administrative Code.