2011 Articles

On February 4, 2011, the Appellate Court of Illinois, First District, affirmed a decision of the Circuit Court of Cook County, holding that the Juvenile Court Act of 1987 (705 ILCS 405/1-1 et seq) confers upon the court authority to determine that "'an independent basis of abuse, neglect, or dependency' exists, without strictly adhering to the procedural requirements for neglect petitions in Article II of the Act." K.D. at *1, quoting 705 ILCS 405/5-710 (1)(a)(iv).

State lawmakers recently expanded offenses for which police may seize a vehicle. Vehicles, vessels, and aircrafts operated in Illinois are subject to seizure if the owner knows and consents to the use and that use violates certain laws. (720 ILCS 5/36-1).

The Department of Professional Regulation Law of the Civil Administrative Code of Illinois has been amended to establish health care worker licensure actions relating to sex crimes (20 ILCS 2105/2105-165 new).

The Liquor Control Act of 1934 has been amended to allow the issuance or renewal of alcoholic liquor sale licenses for retail premises located within 100 feet of schools under certain conditions. 235 ILCS 5/6-11.

Illinois lawmakers have amended the Medical School Matriculate Criminal History Records Check Act to allow medical schools to hire private entities to check the criminal history records of matriculates. (110 ILCS 57/10; 110 ILCS 57/15).

Illinois lawmakers have amended the State Employees Group Insurance Act of 1971 to expand the state employee benefits program to cover medically necessary physical therapy and occupational therapy. 5 ILCS 375/6.11A.

A police officer's good faith but mistaken belief about the law does not support probable cause to initiate a traffic stop, according to an Illinois Court of Appeals. The court affirmed a decision to suppress evidence, which was the result of a traffic stop initiated when an officer believed the defendant violated a traffic law but was mistaken about what the law actually prohibited.