2023 Articles

On June 7, 2023, the Fourth District of the Illinois Appellate Court held that a court need not balance the equities when enjoining a subservient estate from intentionally interfering with a dominant estate’s access to an easement.

On April 7, 2023, the First District of the Illinois Appellate Court found that a defendant did not knowingly violate his electronic home monitoring (EHM) detention program conditions that required he remain within his “residence” because the term was ambiguous regarding multi-unit buildings.

On Sept. 15, 2023, the First District of the Illinois Appellate Court held that a defendant’s mere presence near the scene of a crime does not create the necessary “reasonable suspicion” to conduct a Terry stop.

The Illinois General Assembly amended the Illinois Pension Code. A deferred compensation plan recordkeeper is now prohibited from using information gathered in the course of administering services under the deferred compensation plan for the purpose of cross-selling nonplan services or products to participants, except upon a participant’s request.

The Illinois General Assembly amended the Juvenile Court Act of 1987. A neglected minor now includes any minor whose parent or person responsible for their welfare leaves them unsupervised for an unreasonable period without regard for the minor’s mental or physical health, safety, or welfare (previously restricted to minors under the age of 14).

The Illinois General Assembly amended the Criminal Code of 2012 to expand the definition of “unable to give knowing consent.” The definition originally included instances where the accused administered an intoxicating, anesthetic, or controlled substance to the victim.

This Act amends the Illinois Highway Code by allowing the Department of Transportation to sell land, easements, dedications, access rights, interest in real estate, or other property no longer needed for highway projects at fair market value. The department will determine the fair market value through an approved, qualified appraiser or a valuation waiver.

The Department of Financial and Professional Regulation amended the Transmitters of Money Act.

The Illinois General Assembly amended the Illinois Human Rights Act. The Act now prevents discrimination based on a person’s source of income in real estate transactions.

On March 23, 2023, the Third District of the Illinois Appellate Court held that a dissolved corporation not originally named as a defendant in a lawsuit is not precluded from being added after the five-year postdissolution period expires, under section 12.80 of the Business Corporation Act of 1983 (Act).

On Dec. 6, 2022, the Fourth District of the Illinois Appellate Court held that knowledge of the possibility of a DUI charge at the commencement of prosecution required the charge’s compulsory joinder and the DUI charge was properly dismissed on speedy-trial grounds.

The Property Tax Appeal Board amended the Part titled Practice and Procedure for Appeals Before the Property Tax Appeal Board. The amendment implements an electronic filing portal (EFP), which allows attorneys and unrepresented appellants to file appeals and supporting evidence electronically with the board.

The Department of Financial and Professional Regulation amended the Part titled Environmental Health Practitioner Licensing Act. The department may now discipline, or suspend, revoke, or decline to renew the license of an environmental health practitioner for dishonorable, unprofessional, unethical conduct.

On Aug. 11, 2023, the Illinois Supreme Court upheld the Protect Illinois Communities Act. The Act bans the purchase, sale, manufacture, delivery, and import of assault weapons and large-capacity magazines, with two exceptions: 1) a grandfather provision, permitting individuals to possess assault weapons if they were lawfully possessed prior to the Act’s enactment; and 2) seven enumerated exempted classes, including law enforcement.

On Dec. 20, 2022, the First District of the Illinois Appellate Court held that where an expert witness relies on information from interested litigants and where the expert relies on positive “association” rather than “causation,” the expert’s opinions may still be admissible.

On Nov. 30, 2022, the First District of the Illinois Appellate Court held that failure to provide notice of a claim to an insurer within 30 days of an automobile accident per the policy was not a material breach justifying nonperformance by an insurer.