2023 Articles

On Dec. 16, 2022, the First District of the Illinois Appellate Court held that a firearm found on a defendant during a Terry search, after the defendant was observed by officers adjusting his waistband and stating he dropped a bag of cannabis, must be suppressed.

On Feb. 2, 2023, the Illinois Supreme Court held that all Biometric Information Privacy Act (BIPA) claims are governed by a five-year catchall limitations period.

On Dec. 2, 2022, the First District of the Illinois Appellate Court held that a former wife’s right to payments from a federal judgment entered during marriage was not relinquished by her marital settlement agreement (MSA).

The Illinois General Assembly amended the Department of Innovation and Technology Act. The amendment establishes the Generative AI and Natural Language Processing Task Force, whose goal is to investigate and provide a report on generative artificial intelligence (AI) and natural language processing software.

The Illinois General Assembly amended the Governor’s Office of New Americans Act. The Governor’s Office of New Americans is now assigned a set of duties related to supporting and welcoming immigrants and refugees. The office is now responsible for supervising the completion of New American plans within state agencies.

The Illinois General Assembly amended the Assisted Living and Shared Housing Act. The Act now provides that the governor must establish an Assisted Living and Shared Housing Advisory Board that shall consist of several nonpaid members, including a director who will serve as chair, and a director of aging, who will serve as vice chair.

The Illinois Environmental Protection Agency (IEPA) adopted a new Part titled Charging Infrastructure Grant Program, which establishes a grant program to substantially offset the installation cost of electric vehicle charging stations. The IEPA will award grants to public and private organizations to install level 2 and level 3 charging stations, which are capable of charging at least 6.2 kilowatts and 100 kilowatts, respectively.

The Department of Commerce and Economic Opportunity (DCEO) adopted a Part titled Broadband Grant Programs. The enacted rule establishes a process to award grants supporting broadband access to Illinois homes, businesses, and community anchor institutions in unserved or underserved areas; broadband innovation for economic development; and expanding broadband access or innovation in qualified Illinois cities.

On July 18, 2023, the Illinois Supreme Court held that a guilty plea by an innocent petitioner does not categorically prohibit the issuance of a certificate of innocence.

On March 31, 2023, the Second District of the Illinois Appellate Court held that guilty verdicts on charges of manslaughter and child endangerment were legally inconsistent because the offenses respectively required reckless and knowing conduct.

The Illinois General Assembly amended the Illinois Insurance Code. Any group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed after Jan. 1, 2025, must include coverage for one annual mental health prevention and wellness visit for children and adults.

The Illinois General Assembly enacted the Healthy Food Development Act. It allows the Department of Human Services to coordinate with the Department of Commerce and Economic Opportunity to create the Healthy Food Development Program.

The Illinois General Assembly amended the Invest in Illinois Act, altering permissions for designation and eliminating certain requirements for aspiring high-impact businesses.

The Illinois General Assembly amended the Student Debt Assistance Act. Institutions of higher education must provide an official transcript to current or former students who owe a debt if the transcript is for a job application; academic transfer; application for state, federal, or institutional financial aid; to join the U.S. Armed Forces or Illinois National Guard; or to pursue other postsecondary opportunities.

The Department of Human Services (DHS) adopted amendments to update the Home Services Program (HSP) provisions for persons with disabilities. The updates reflect federal regulations and a collective bargaining agreement (CBA) between DHS and the HSP workers (individual providers).

The Illinois General Assembly amended the University of Illinois Hospital Act and the Hospital Licensing Act. The University of Illinois Hospital and “hospitals” licensed under the Hospital Licensing Act cannot...