2024 Articles

On July 16, 2024, the Second District of the Illinois Appellate Court held a contract granting a general contractor the right to stop work is insufficient to give rise to a duty of care owed to an employee of a subcontractor.

On Oct. 27, 2023, the Third District of the Illinois Appellate Court held that a conviction must be reversed if a jury was unable to differentiate between multiple counts, making it impossible to know if a conviction on any one of those counts was unanimous.

On Sept. 20, 2024, the First District of the Illinois Appellate Court held that the state must demonstrate more than just the defendant’s presence in a vehicle where a weapon was found to establish knowledge for convictions of unlawful use of a weapon.

The Department of Human Resources adopted amendments to its Supplemental Nutrition Assistance Program (SNAP). Legally obligated child support paid by a household member to, for, or on behalf of a person who is not a SNAP member is now excluded from its gross income calculation when determining SNAP eligibility.

On Nov. 17, 2023, the First District of the Illinois Appellate Court held that legislative intent cannot be ruled on without invading the province of the legislature.

On March 1, 2024, the First District of the Illinois Appellate Court held the crime-fraud exception does not overcome the attorney-client privilege when there is not intentionally unlawful or fraudulent communication.

On March 1, 2024, the Third District of the Illinois Appellate Court held that the statutes within the Illinois Criminal Code of 2012 that prohibit public firearm carriage do not violate the Second Amendment of the U.S. Constitution.

On Feb. 6, 2024, the Fourth District of the Illinois Appellate Court held that a date of service must be established before a complaint may be dismissed for failure to issue summons within 35 days of the service of a final administrative decision under the Administrative Review Law.

The Department of Children and Family Services adopted amendments regarding appearances for administrative case reviews and court hearings to reflect current practice. Administrative case reviews can be conducted remotely through phone or video conferencing, but may be conducted in person if the reviewer finds it necessary.

On Jan. 23, 2024, the Fourth District of the Illinois Appellate Court held that defendants have the right to be physically present at pretrial release hearings.

On Nov. 9, 2023, the Fifth District of the Illinois Appellate Court held that a defendant arrested before the SAFE-T Act became effective and who remains in detention after being ordered released subject to pretrial conditions must be allowed to stand on those original terms.

On Feb. 28, 2024, the Fourth District of the Illinois Appellate Court held that defendants may not be detained pending hearings to revoke probation when the petition does not allege that the defendant committed a felony or class A misdemeanor.

On June 27, 2024, the First District of the Illinois Appellate Court held that when a defendant brings a claim under the Illinois Torture Inquiry and Relief Commission Act, the defendant must prove by a preponderance of the evidence that torture occurred, and it resulted in a confession to obtain a conviction.

On April 19, 2024, the Third District of the Illinois Appellate Court held that a defendant receiving three convictions stemming from one act is a violation of the one-act, one-crime doctrine.

On Oct. 18, 2023, the Fifth District of the Illinois Appellate Court held that a water pump house may constitute a corporation’s “other office” for the purpose of determining proper venue.

The Illinois General Assembly amended the Juvenile Court Act of 1987. For purposes of the Act, “delinquent minor” no longer refers to minors who violated or attempted to violate a federal law before their 18th birthday.

The Illinois General Assembly amended the Adult Protective Services Act. The definition of “abuse” was expanded with regard to disabled persons between the ages of 18 and 59 and all persons over the age of 60 who reside in domestic-living situations.

The Illinois General Assembly amended the Child Care Act of 1969. The Department of Children and Family Services must create and maintain a database on the safety of consumer products, other products, and substances regulated by the department.

Beginning in 2026, the Department of Insurance (DOI) will have the authority to determine that proposed health insurance rates for small group or individual insurers are inadequate.

The Illinois General Assembly amended the Department of Revenue Law of the Civil Administrative Code of Illinois. The department may now refuse to issue, reissue, or renew a certificate of registration, permit, or license if an owner, partner, or corporate officer named on the application has failed to file a tax return required under the “tax or fee Act” (sic) requiring the certificate, permit, or license.

The Department of Revenue must conduct an annual review of areas of recurrent taxpayer noncompliance and report its findings to the General Assembly.

The Illinois General Assembly passed the Access to Affordable Insulin Act. The Act provides that the Department of Insurance shall offer a program allowing participants to purchase insulin at a discounted, postrebate price.

The Illinois General Assembly amended the Freedom of Information Act (FOIA). Documents obtained from a public body by the public access counselor for the purpose of addressing a request for review of such public body’s denial of a request to inspect or copy a public record are now exempt from FOIA.