2023 Articles

On Dec. 20, 2022, the First District of the Illinois Appellate Court held that red-light camera notices of violation (NOV) not containing all information required by the Municipal Code were nonetheless valid for substantial compliance.

On March 20, 2023, the First District of the Illinois Appellate Court found that a nursing-home-arbitration agreement was procedurally and substantively unconscionable.

On Sept. 28, 2023, the Second District of the Illinois Appellate Court held police officers have probable cause to search a vehicle if they detect the smell of cannabis.

On Oct. 20, 2022, the Illinois Supreme Court held that a defendant’s first felony committed at 17 years old was not a qualifying offense for class X sentencing.

The Office of the Secretary of State adopted an amendment to the Part titled Cancellation, Revocation or Suspension of Licenses or Permits. The amendment authorizes the Office of the Executive Inspector General, in addition to the previously authorized Office of the Inspector General, to determine whether a person has cooperated in an official investigation regarding the sale, manufacture, issuance, or receipt of a fraudulent or fictitious driver’s license, permit, or identification card.

The Illinois General Assembly amended the One Day Rest in Seven Act. The amendment modifies the timing for granting employees a required 24-hour rest period and additional meal periods. It also imposes new civil penalties against covered employers who violate certain sections of the Act.

On Sept. 12, 2023, the Second District of the Illinois Appellate Court held the one-act, one-crime doctrine is not violated when there is sufficient evidence of separate acts.

The Illinois General Assembly amended the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986. A petition for a protective order, stalking no-contact order, and civil no-contact order may now be filed online and in person.

On Oct. 6, 2022, the Fourth District of the Illinois Appellate Court held that competent evidence from a psychologist sufficiently demonstrated that a father suffered a mental impairment that rendered him unable to parent and that he would remain unable to parent for an unreasonably long time.

The Illinois General Assembly amended the Illinois Pesticide Act. The Act provides an additional calculation for penalties for any person applying or using a pesticide in a manner inconsistent with the label that results in human exposure to a pesticide.

The Illinois Nature Preserves Commission amended the Part entitled Public Use of Illinois Dedicated Nature Preserves, which prohibits individuals from possessing a firearm or other weapons within nature preserve boundaries or buffers.

The Illinois General Assembly amended the Pharmacy Practice Act. Pharmacy practice now includes initiating, dispensing, or administering drugs, tests, assessments, referrals, and consultations for human immunodeficiency virus (HIV).

The Illinois General Assembly amended the Pharmacy Practice Act. While previously permissive, pharmacists now must dispense opioid antagonists following written procedures developed by the Department of Public Health and Department of Human Services and filed at the pharmacy before implementation.

The Illinois General Assembly amended the Abused and Neglected Child Reporting Act. Physical therapists, physical therapy assistants, occupational therapists, occupational therapy assistants, and athletic trainers are now mandated child abuse reporters.

On Oct. 6, 2022, the Illinois Supreme Court held that under section 5-120 of the Juvenile Court Act of 1987, a juvenile may be adjudicated delinquent for unlawful conduct committed outside of Illinois.

The Illinois General Assembly amended the Code of Civil Procedure so that whenever the defendant in any litigation in Illinois has the right to demand a physical or mental examination of the plaintiff in a civil lawsuit, the plaintiff has the right to designate an additional person to be present and video record the examination.

On Oct. 28, 2022, the First District of the Illinois Appellate Court reversed a grant of summary judgment where the court found disputed issues as to a police officer’s entitlement of civil immunity under the Local Governmental and Governmental Employees Tort Immunity Act (“Act”).

The Illinois General Assembly amended the Chicago Police and Chicago Firefighter Articles of the Illinois Pension Code. The amendment establishes that a police officer or firefighter who becomes disabled due to COVID-19 has the rebuttable presumption that they contracted COVID-19 while performing an act of duty. The presumption entitles the police officer or firefighter to a duty disability benefit.

The Department of Central Management Services adopted an amendment to the Part titled Travel, updating the policies regarding meal allowances and other expenses for the Office of Governor’s employees who travel on state business.

The Illinois General Assembly amended the Criminal Code of 2012. It is now unlawful for a person with the intent to enter a motor vehicle and commit a felony or theft to possess a device designed to unlock or start a motor vehicle without the vehicle’s key.

The Illinois General Assembly amended the Pharmacy Practice Act. The amendment expands the “practice of pharmacy” definition.

On July 14, 2023, the Fourth District of the Illinois Appellate Court held that a statute allowing for prejudgment interest does not violate the Illinois Constitution.

On April 20, 2023, the Illinois Supreme Court held that postconviction counsel’s failure to shape a defendant’s claims into proper form was a violation of Illinois Supreme Court Rule 651(c), which rebutted the presumption of reasonable assistance of counsel and necessitated remand.

On Aug. 1, 2023, the Fifth District of the Illinois Appellate Court held that there is a presumption of undue influence or fraud when a spouse transfers funds to themselves from a dependent spouse pursuant to a power of attorney.

On Oct. 26, 2022, the Second District of the Illinois Appellate Court held it was plain error to deny a motion for a mistrial after a jury received the Prim instruction and then indicated it could not reach a unanimous verdict.

The Illinois General Assembly amended the Election Code, adding procedural requirements for certain vacant elected county offices.

The Human Rights Commission adopted amendments to clarify parties’ rights to file electronically and request extensions in requests for review. Pleadings may now be served electronically.