2024 Articles

On May 28, 2024, the First District of the Illinois Appellate Court held that pretrial detention can be ruled necessary when a defendant has an established history of disregarding restrictions.

The Illinois General Assembly created the Consumer Contract Reciprocal Attorney’s Fees Act. If a consumer contract allows for recovery of attorney fees when a commercial party brings an action to enforce the contract, the defendant may be awarded reasonable attorney fees if they prevail.

The Department of Revenue amended the Part entitled Informal Conference Board to revise the tax appeal process that affects individuals and businesses in tax disputes with the department.

The Illinois Medical District Commission adopted amendments updating its procedures for Freedom of Information Act (FOIA) requests.

On Aug. 23, 2024, the First District of the Illinois Appellate Court held that a man who pleaded guilty to a traffic ticket cannot use the compulsory joinder statute to bar the state from pursuing separate felony charges that arose from the same incident as the traffic ticket.

The Illinois General Assembly amended the Nursing Home Care Act. Psychotropic medication may now be used in a nursing home only if supported by a diagnosis and if beneficial to the patient. The patient’s medical record must support the benefit of psychotropic medication over other prescribed medications. This restriction applies to both nonemergency and emergency situations.

Public defenders can now access images the Secretary of State captured in the process of issuing their clients’ driver’s licenses.

The Secretary of State adopted amendments to the Illinois State Library Grant Programs, requiring public libraries to implement policies restricting removal of materials due to disapproval from individuals or groups.

The Illinois General Assembly amended the Illinois Vehicle Code. Any authority with maintenance jurisdiction over a publicly owned, paved bicycle trail must erect permanent regulatory or warning signage that alerts pedestrians or cyclists to highway crossings.

The Illinois General Assembly amended the Code of Criminal Procedure of 1963. The amendment establishes a rebuttable presumption that child victims under the age of 13 shall testify outside of the courtroom and the testimony shall be shown via closed-circuit television (CCTV).

The Illinois General Assembly enacted the Language Equity and Access Act. The Act’s purpose is to ensure that all Illinois residents have equal access to state services by removing language as a barrier to receiving those services.

Residents in nursing homes, assisted living facilities, and other care facilities can now designate a family member or other person as a “primary essential support person” in their care plan. A primary essential support person can continue visiting the resident even with general restrictions in place for visitations, including restrictions to limit the spread of disease.

The Illinois General Assembly amended the Illinois Food, Drug, and Cosmetic Act. The Act now allows restaurants and consumers to fill or refill consumer-owned containers with bulk food.

The Illinois General Assembly amended the Mental Health and Developmental Disabilities Administrative Act. To be admitted to a state-operated mental health facility for the developmentally disabled, an individual must be at least 18 years old, they and their guardian (if they have one) must have received or attempted to receive education on community-based services, they must meet the intermediate level of care definition, and they must meet all clinical eligibility requirements.

On Aug. 23, 2024, the Fourth District of the Illinois Appellate Court held that a parent, whose custody rights were terminated after confidential information from her drug court record was admitted into court, did not have her right to a fair hearing violated because the trial court did not rely on the information when making its determination.

On Nov. 21, 2023, the Fifth District of the Illinois Appellate Court held that the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act forbids reimposing monetary bond for pretrial release unless the defendant accepts monetary bond as part of their original bond terms.

On May 30, 2024, the Second District of the Illinois Appellate Court held that school districts are immune from tort claims but not breach-of-settlement claims.