2022 Articles

On Sept. 30, 2022, the First District of the Illinois Appellate Court held that the resentencing judge abused his discretion when he imposed a longer sentence upon the defendant than the government and state agreed on.

The Department of Public Health adopted amendments to the Intermediate Care for Developmentally Disabled Facilities Code, adding criteria and procedures for determining whether a facility is “distressed” and restrictions for any “distressed facility” under the Nursing Home Care Act.

On Oct. 21, 2021, the Illinois Supreme Court held that where a tax classification directly bears on a fundamental right, the government must substantially relate the tax classification to the object of the legislation.

On Oct. 15, 2021, the First District of the Illinois Appellate Court affirmed a trial court’s decision terminating parental rights after proceedings were conducted almost exclusively via Zoom.

The Dual Credit Quality Act is amended to require each community college district, in partnership with area high schools, to ensure students with disabilities have access to dual-credit courses and relevant supplementary aids if they meet the entry criteria.

The Illinois General Assembly amended the School Code, adding requirements for school districts to include suicide prevention information on identification cards.

The Office of the Treasurer amended the Secure Choice Savings Program. Eligibility for the program is expanded to cover employees who are 18 years or older and work for an employer with at least five employees.

The Department of Public Health adopted amendments to the Sexual Assault Survivors Emergency Treatment Code. The amendment allows sexual assault survivors to obtain a medical forensic examination and have evidence collected after seven days following the assault.

The Department of Revenue adopted a new Part titled Secure Choice Savings Program Act, implementing the statute of the same name. The Part allows the department to assess and collect penalties from those employers subject to the Act who fail to enroll employees in the Secure Choice Savings Program.

On Sept. 19, 2022, the Third District of the Illinois Appellate Court held that the smell of burnt cannabis alone is insufficient to establish probable cause to search a vehicle.

On June 30, 2022, the Third District of the Illinois Appellate Court held that Criminal Code forfeiture proceedings do not apply to individuals who are deemed innocent owners.

On June 27, 2022, the Third District of the Illinois Appellate Court held that a vehicle was not excluded from liability coverage because the family member exclusion did not apply, and the vehicle was not available for “regular” use.

On Nov. 18, 2021, the Illinois Supreme Court held that if an individual is found to be a sexually dangerous person under the Sexually Dangerous Persons Act (Act), it is not necessary to make a separate and express finding that the individual is substantially probable to reoffend.

On Feb. 4, 2022, the First District of the Illinois Appellate Court held that successive postjudgment motions do not toll time for filing a notice of appeal.

This Act creates the Supported Decision-Making Agreement Act, which enables supported decision-making agreements for adults with intellectual and developmental disabilities.

The State Board of Education adopted an amendment to Evaluation of Educator Licensed Employees under the School Code. The amendment implements the School Code’s new evaluation timeframes for teachers.