2019 Articles

The plaintiff filed replevin action against his former fiancée for the return of a diamond engagement ring he had given to her.

Following a change to the Illinois Public Aid Code, Medicaid-managed care organizations must now submit all regular reports required, either by contract or statute, electronically. Ad hoc reports may be collected in alternative manners.

With the passage of the Alternatives to Opioids Act of 2018, Illinois has expanded the group of patients eligible for the existing medical cannabis program: Those who would have otherwise been prescribed opioids.

The Department of Public Health (“DPH”) adopted amendments to the Part titled Compassionate Use of Medical Cannabis Pilot Program and replaced emergency amendments that were effective in Dec. 1, 2018 (77 Ill. Adm. Code 946 (effective April 17, 2019)).

The Secretary of State (SOS) adopted an amendment to SOS Standard Procurement, set to sunset on June 30, 2020, implementing Public Act 100-801, which adjusts the aspirational goal of awarding at least 20 percent of the dollar value of state contracts to businesses owned by minorities, women, or persons with disabilities.

The Department of Financial and Professional Regulation adopted amendments to Real Estate Appraiser Licensing (68 Ill. Adm. Code 1455 (effective Nov. 26, 2018)).

“Industrial hemp” is defined as a cannabis sativa plant or any part that contains no more than 0.3 percent tetrahydrocannabinol (THC). The Department of Agriculture (DOA) has now adopted a new Part titled Industrial Hemp Act (8 Ill. Adm. Code 1200 (effective April 24, 2019)).

The Department of Revenue (DOR) adopted an amendment to the Part now titled “Board of Appeals; Voluntary Disclosure” (86 IAC 210; 43 Ill. Reg. 973 (effective April 24, 2019)).

The defendant pled guilty to aggravated unlawful possession of a stolen motor vehicle, unlawful possession of a stolen motor vehicle, and four counts of unlawful use of a credit card. The defendant's postplea proceedings in circuit court were completed more than a year before Rule 604(d) was amended. Thus, amended Rule 604(d) did not apply then to the defendant's case.

The Department of Revenue (DOR) adopted amendments to the Parts titled Retailers’ Occupation Tax, Service Occupation Tax, Cigarette Tax Act, Cigarette Use Tax Act, and Tobacco Products Tax Act of 1995, implementing Public Act 100-940.

The Department of Corrections (DOC) amended its part titled Records of Offenders (20 Ill. Adm. Code 107 (effective March 1, 2019)) to modify how Illinois inmates earn credit for time served toward their sentences.

On July 11, 2019, the Fifth District Appellate Court held that 1) a lower court judge had not erred in failing to remove, sua sponte, a potential juror for cause who stated that she knew a police officer who appeared in a video interview but who was not a witness; 2) the defense counsel was not liable for ineffective assistance for failing to challenge the inclusion of the potential juror, where the defendant received a fair trial and there was no reasonable probability that, but for counsel’s failure to challenge the potential juror, the outcome of the trial would have been different; and 3) no error existed when: the jury watched the video interview in the presence of two neutral nonjurors (a clerk and a bailiff), the jury started to watch the video before the judge decided what they would be permitted to see, or when one juror went to use the restroom at the time the video began.

After allegedly slipping on an icy sidewalk in front of his mailbox, the plaintiff sued his homeowners’ association and its snow-removal contractor.

The Illinois General Assembly amended the Code of Civil Procedure regarding the requirement of publication notice in a newspaper for certain individuals applying for a name change.

On Dec. 28, 2018, after a jury trial, the defendant was convicted for the unlawful possession of a weapon by a felon. In addition, the defendant was acquitted of unlawful possession of a controlled substance with intent to deliver.

Textbooks authorized to be purchased under 105 ILCS 5/2-3.155 must include the roles and contributions of all people protected under the Illinois Human Rights Act.

On Dec. 28, 2018, the plaintiff filed a wrongful-death and survival action against a social worker and her employer hospital, alleging negligent care led to his father's death by suicide six days after the social worker visited him.

On Aug. 5, 2019, the Fifth District Appellate Court upheld an order of the Circuit Court of Madison County terminating a father’s parental rights based on his lack of fitness as a parent.

On June 18, 2019, the First District Appellate Court reversed the conviction of a criminal defendant on a charge of unlawful possession of a firearm by a street gang member.

An appellate court reversed a lower court's order authorizing the involuntary administration of psychotropic medication and testing.

The Trafficking Victims Protection Act is amended by changing 740 ILCS 128/15 as follows.