The Illinois General Assembly amended the Election Code to provide for the allocation of funds toward maintaining security in the receipt of vote-by mail-ballots and delineating procedures for curbside voting.
The Department of Public Health adopted amendments to the Compassionate Use of Medical Cannabis Pilot Program. These amendments update various definitions and incorporations, expand the list of debilitating conditions, add requirements for health care professionals regarding the completion of a written certification, and add participation requirements for veterans receiving care at Veterans Affairs (VA) medical facilities.
On Jan. 7, 2021, the Fourth District of the Illinois Appellate Court invalidated a Miranda waiver by a defendant with an intellectual disability who at one point raised his wish for a lawyer.
On March 31, 2021, the First District of the Illinois Appellate Court vacated a 19-year-old’s 50-year sentence on a first-degree murder conviction when the defendant did not fire the murder weapon and had a traumatic childhood.
On Dec. 9, 2020, the First District of the Illinois Appellate Court held that the Illinois postjudgment interest statute does not bind a defendant’s insurer, since the insurer’s obligation for paying the judgment amount is contractual only and hence governed by the terms and conditions of the insurance policy.
On Dec. 31, 2020, the First District of the Illinois Appellate Court held that a defendant’s intellectual disability alone does not nullify his voluntary jury waiver.
On Feb. 11, 2021, the First District of the Illinois Appellate Court dismissed a successive postconviction petition raising a due-process violation on fitness grounds because the defendant neither raised the claim earlier nor showed cause for such failure.
On Dec. 31, 2020, the Third District of the Illinois Appellate Court held that counsel’s mentioning of the defendant’s race in closing arguments constitutes ineffective assistance if not based on evidentiary reasons.
On Aug. 13, 2021, the Second District of the Illinois Appellate Court held that denying a transgender woman access to the women’s bathroom was discrimination under the Illinois Human Rights Act.
The Department of Healthcare and Family Services adopted amendments to the Part titled Child Support Services. The amendments provide that the department may rule on whether and how to enforce interest payments in domestic-support obligations cases.
On March 10, 2021, the Second District of the Illinois Appellate Court held that a detective did not violate the Fourth Amendment by obtaining information via subpoena to the defendant’s internet service provider (ISP).
The Department of Corrections (DOC) adopted amendments that replace an earlier emergency rulemaking that provided for discretionary sentence credits to be awarded to offenders who have not committed a recent disciplinary offense. The amendments are aimed at reducing the population of Illinois Department of Corrections inmates.
On June 8, 2021, the First District of the Illinois Appellate Court reversed the trial court’s dismissal of Valen Little’s pro se postconviction petition. The First District found that Little made an arguable claim of ineffective assistance of counsel for failing to challenge the state’s exclusion of a Black venire person from the jury.
The Illinois General Assembly adopted the Uniform Electronic Transactions Act. The Act makes legally recognizable any transaction conducted through electronic records or signatures.
The plaintiff, who fell behind on her home mortgage payments, filed complaints for trespass, negligent trespass, and assault. While the plaintiff was present in her house, and without notice or permission from the plaintiff, two men removed the lock on her back door and entered her house, having been instructed by the company hired by the mortgage lender to change the locks and “winterize” the house if it was vacant.
The Department of Labor adopted new rules to implement and enforce the Child Bereavement Act, which will affect employers and eligible employees as defined in the Family Medical and Leave Act.
The Illinois Environmental Protection Agency (IEPA) replaced the Part titled Public Water Supply Capacity with a new Part titled Community Water Supplies. The new rules specify electronic reporting requirements, address the environmental degradation that may result from corrosion prevention and mitigation procedures, and reaffirm existing standards on capacity development for community water supplies.
The Illinois State Police amended the Firearm Owners Identification (FOID) Card Act and Firearm Concealed Carry Act. In response to the COVID-19 pandemic, the amendment allows holders of expired FOID cards during the pandemic to have conditional renewal up to six months after a proclamation expires or a new card is issued.
On Jan. 29, 2021, the Third District of the Illinois Appellate Court held that a defense counsel’s failure to inform the defendant of the defendant’s class X sentencing eligibility constitutes ineffective assistance.
