However, barriers to eligibility under the program have made Illinois one of the worst states for victim compensation.. Kevin OFlaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. Real and present threat to the physical safety of any person or persons includes a threat to the community, person, persons, or class of persons. The new legislation removes mandatory supervision for individuals convicted of class three and class four felonies. To close a loophole some predators were using to reach targeted victims, the Legislature has taken steps to strengthen the Stalking/No Contact Order Act. This bill creates policy that honors peoples humanity while at the same time prioritizing public safety. from $118 to $36. Please leave us a message and we will respond as soon as possible. A sweeping and controversial criminal justice reform bill House Bill 3653 was passed in January 2021. . Smaller departments will be phased in, with all officers across the state required to wear them by 2025. The Illinois legislature was very busy with the passage of over 180 new laws and we will discuss and give a brief overview below. The Jett Hawkins Act was named for and inspired by a Chicago 4-year-old boy, who faced discrimination for wearing his hair in braids at his preschool. Restore Justice will focus on implementing these laws and continuing to advocate for the rights of family members visiting their incarcerated loved ones. Judges are required to add 15, 20, or 25 years to life to prison sentences of people who had firearms during the commission of certain felonies. An animal abuser has no place living in a home with animals. The Senate passed the bill by a 32-23 vote and then Gov. Want to learn more about DUI, Criminal & Traffic Defense? Shooting incidents are also 32% higher than they . Illinois Police Officers in the state of Illinois are now required to train further on using force against suspects, crisis intervention, and first aid training. Gas prices nationwide are going down, but the state gas tax in Illinois is scheduled for two increases in 2023. If the defendant does not follow the rules of the bail bond, they forfeit this money. In addition, the students seeking time off due to mental health issues are also given a reasonable amount of time to make up any missed assignments, tests, or homework. Effective in 2022, Illinois distributed free Gold Star Illinois license plates to family members of an Illinois veteran resident that was killed in action, and lost his or her life while the veteran was serving during wartime in the United States military. State police will be required to establish a public database of all firearms that have been reported stolen to be checked prior to the transfer of any firearm to prevent the inadvertent transfer of stolen firearms. All prisoners released pursuant to HB3665 are subject to a mandatory five-year period of supervised release. Something went wrong while submitting the form. While providing PRB with new discretionary authority to consider early release for incapacitated or terminal prisoners, the bill still allows for victims of crimes to submit a victim statement during PRBs considerations of an early release application. In fact, the person need not have been present. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. When Illinois public College students declare or change their major, Illinois Public Universities must provide the Illinois public College Student the following information: Effective January 1st, 2022, Illinois students who are suffering from mental health issues or now afforded up to five days of excused absence from school. Illinois Police Departments are prohibited from buying and or using military grade equipment such as .50 caliber guns and tanks. There is a new Violent Crime Task Force in Illinois to conduct investigations on FOID card holders who have had their FOID cards revoked and the enforcement of the revocation of individuals who have had their FOID card revoked. Classes in agricultural sciences can also now be taken to fulfill the two-year requirement of elective courses for admittance into a public university. All rights reserved, 2 Men Stabbed During Fight in River North, Norfolk Southern Train Derails in SW Ohio, Residents Asked to Shelter in Place as a Precaution, New Ranking Names Most Expensive Cities In Illinois and These Chicago Suburbs Top the List, Buc-ee's, a Texas-Based Convenience Store Chain, Proposes First Wisconsin Location, These Starved Rock Tiny Cabins Are Perfect For a Weekend Getaway. The ambiguity of "a reasonable amount of time" leads to many people sitting in custody for extended periods before getting their phone call or not getting the phone call at all. Legislators also closed a loophole that allowed family members found to be in possession of child pornography to escape jail time. ISSN No. The three qualifying diagnostic criteria are that the prisoner: is suffering from a terminal illness; or has received a diagnosis that will render him medically incapacitated within six months; or has become incapacitated due to a post-sentencing injury. (Sen. Robert Peters/Rep. LEARN MORE. Those detained but considered flight risks would get hearings within 60 days. As of January 1, a person who is prohibited through a no-contact order from contacting another individual by phone or in-person can also be restrained from sending email, texts or social media posts. Students now can choose whether they want to submit a standardized test score when applying to public institutions in the state. Prohibits discrimination against natural and ethnic hairstyles, including locs, braids, twists and afros. Illinois Police Officers can lose their police certification if they are found guilty of certain felonies or misdemeanors in the state of Illinois. Proponents believe that the change will allow parole officers to spend more time helping ex-inmates reintegrate into society. Prosecutors Move to Close Case Against BOP Guards in Jeffrey Epstein Suicide, HRDC Advances in Suit Against Centurion to Obtain New Mexico Prisoner Medical Litigation Records, Indiana Supreme Court Denies Relief to Prisoner Whose Commissary Account Was Garnished, $281,000 Awarded to Colorado Prisoner Retaliated Against for Grievances, Colorado Using SWIFT but Cheap Wildlands Firefighters, Feds Declare Long COVID a Disability Under ADA, RA and ACA, Michigan Supreme Court Holds Convicted Prisoner Entitled to Pre-Trial Jail Time Credit, Second Circuit Reverses Dismissal of NY Prisoners Due Process Claim on Grounds It Was Abandoned on Appeal, Corporations Using Prisoners to Fight Phantom Labor Shortage, $500 Default Judgement in Female Michigan Prisoners Pro Se Excessive-Force Claim, Federal Judge Springs Former PLN Editor from Iron Man Pretrial Detention Cell, Four Female Prisoners Seek Damages Over Abuses at Oregon Prison Called A Cesspool of Staff Sexual Abuse, Latest in Abuse Saga, Second Circuit: Supervisor Must Have Subjective Knowledge of Sexual Abuse by Guards to Be Liable, Colorado Supreme Court Holds Governor Is Appropriate Defendant in Cases Involving State Constitutional Responsibility, California Supreme Court: CDCR Cannot Exclude Nonviolent Sex Offenders From Proposition 57 Parole Consideration, Fifth Circuit Dismisses Appeal by Mississippi Prisoner It Calls Vexatious Litigant, Fifth Circuit Refuses to Issue Injunction After Mississippi Psychiatric Prison Improves Conditions, Texas Agrees to Settlement Providing Prisoners Hep C Treatment, Will Pay $950,000 in Attorney Fees, New Illinois Law Allows Early Release for a Few Eligible Offenders, $2 Million Paid by North Carolina Jail for Prisoners Wrongful Death; Undisclosed Amount Paid by Southeastern Medical Services, $175,000 Awarded to New York Prisoners 686 Days Unconstitutional Post Release Supervision, Third Circuit Revives Pennsylvania Prisoners Lawsuit Over Censorship of Incoming Mail Containing Key Evidence, Washington Cant Cheat Prisoner of Time Held Out of State on Washington Charges, NJ Supreme Court: Excess Time in Prison Must Be Used to Reduce Parole Period, She Tried to Report Sexual Harassment in Jail. JB Pritzker signed the bill into law in August, at a ceremony attended by Nelson and Hawkins. SPRINGFIELD, Ill. (WGEM) - From minor changes to major reforms, 286 new laws will take effect Saturday in Illinois. As of Jan. 1, providers of telephone, cellular phone, television, Internet, energy, medical alert system, and water services are prohibited from charging a fee to surviving family members for termination or early cancellation of a service contract. Minimum Wage Increase (Public Act 101-0001) Illinois is one of the states set to raise their minimum wage to $15 an hour by 2025. To commemorate the abolition of slavery throughout the United States and its territories in 1865, Juneteenth will be recognized as National Freedom Day in Illinois. 2022 O'Flaherty Law. Gov. This statute passed with the Illinois legislature and will go into effect on January 1, 2023. Illinois will become the first state in the country to require the. This article will discuss some of the significant changes coming out of Illinois' newly passed criminal justice reform bill. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, ICJIA's Research Hub (including, without limitation, its content . Illinois prisoners with 4 months of time left or less on their sentence, are to be freed and placed on house arrest. First, a predicted 3-cent hike Jan. 1 will take Illinois gas tax to 42.4 cents a gallon. Running a lemonade stand is a rite of passage for many kids. Under the revised law, there is no longer a 10 request limit for consumers, and pharmacies are required to post a notice informing customers they can request the price of name brand or generic prescriptions, giving them more options to help cover the cost of medicine. LEARN MORE. The need for the law stemmed from an instance where a lemonade stand was shut down because the child had not obtained the required permit for the stand. Lakesia Collins) Under Illinois accountability theory, it is legal for a person to be charged with and convicted of a crime they did not commit and also did not plan, agree to, or intend to commit. READ MORE: Illinois bill banning hair discrimination in schools inspired by 4-year-old boy. I am proud that Illinois is leading with compassion and bringing a restorative justice lens to criminal justice policy making, said Lt. SB 2259/HB 3901 would allow people with extreme sentences to earn up to 15% off their sentences. It was introduced by Chicago Democratic Rep. Will Guzzardi as a way to provide both compassionate care to DOCs seriously ill prisoners and improve the DOC healthcare system overall. With the annual report, legislators can identify opportunities to address significant concerns in future policymaking. PO Box 6160 Enter your email below for your free estate planning e-book. The person poses a threat to the community or any person; The accused has an obvious medical or mental health issue that poses a risk to their safety. "For decades Black people have had too often their natural and protective hairstyles weaponized against them," Pritkzer said at the time. Through an amendment to the Code of Corrections, child pornography laws are strengthened by making possession of child pornography a non-probational offense when the child is a household or family member of the defendant. Here's a look at some of the most interesting laws set to go into effect. Wills &Trusts, Elder Law, Estate Tax, Probate and Special Needs Planning, All rights reserved. Lowest level offenses hearings must be within 7 days of request. Among the list of crimes where a person is denied pretrial release include arson, second-degree murder, kidnapping, and criminal sexual assault. Changes to the act were passed by the General Assembly in 2021 that makes the act not apply to COVID-19 vaccines or testing. Senate Bill 0645, filed by state Sen. Michael E. Hastings, D-Frankfort, modifies the Employee Sick Leave Act by mandating rights afforded under the act are the minimum standard in any negotiated collective bargaining agreement. For high school students, courses in agricultural sciences will now count toward the three-year minimum of science classes required for admission into a public university in Illinois. No part of this website may be reproduced or stored in any form without written permission from Lake and McHenry County Scanner. The average wage or salary five years after entry into an occupation related to that major. When students return to school in January, they will have up to five excused absence days available to them that can be used for mental or behavioral health. Individuals who fail to do this will be subject to a penalty of a Class A misdemeanor. Such training may be provided by an association established under the Illinois School Code and the State Board of Education has the power to adopt rules with respect to administering this law. ROLLBACK TRUTH-IN-SENTENCING SB 2259/HB 3901. You do you, including your 'do. Illinois' ban on assault weapons comes after last year's Highland Park shooting, as well as the rising violent crime in Chicago, which experienced a 41% overall increase in 2022. While under supervision, the ex-inmate must report to a parole officer and follow specific rules or face reincarceration. Interestingly, this would be a diminishment of collective bargaining rights which Amendment 1, granting employees the exercise of their fundamental right to collectively bargain, purports to protect. The ending of cash bail addresses racial and criminal justice concerns while reducing the overall population of those held in pretrial detention. READ MORE: Gov. March 3, 2023, 10:07 a.m. Murders peaked in 2021 with 799 homicidesthe most since 1996and in 2022, remains 39% higher than in 2019. Counties and cities with populations of 500,000 or more (City of Chicago; Cook, DuPage, Kane, Lake, and Will counties) must require all law enforcement officers to wear body cameras by Jan. 1, 2022. ET. With the start of the New Year always comes a new set of laws to obey. Some areas, like Chicago and Cook County already have higher minimum wages. Members of the General Assembly passed a law in 2021 that prohibits the Illinois Department of Public Health and local health departments from regulating lemonade or non-alcoholic drink stands operated by kids younger than the age of 16. comeback In addition, the following additional provisions take effect on Jan. 1, 2024: Requires person-to-person firearm transfers to be subject to National Instant Criminal Background Check System (NICS) checks at a federal licensed firearms dealer or through online validation by the Illinois State Police using NICS. Requires Federal Firearms Licensures (FFL) to keep the record of a transfer for 20 years. See more new laws taking effect in January here. Legislators closed a loophole that allowed family members found to be in possession of child pornography to escape jail time. Illinois residents failure to pay fines and fees will no longer result in suspended drivers licenses. Many of our clients are going through difficult times in their lives when they reach out to us. Slavery officially ended in the United States on this day, June 19th, 1865. He hasexperience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation. Illinois is still a "determinate sentencing" state, but now with two notable exceptions: people who were sentenced before we eliminated parole in 1978 (roughly 100 people remain), and, youth who will receive sentences after June 1, 2019, and qualify based on the rules in the new law. You can refer to the answers, The following summaries about ugg mini goat color will help you make more personal choices about more accurate and faster information. in 2023. Changes the Illinois Human Rights Act to include traits historically associated with race, including hairtexture and protective hairstyles such as braids, locks, and twists, to combat hair discrimination in the workplace. Long sentences leave people in prison years or even decades after they likely have aged out of crime. Illinois employers are bracing for the increase in the minimum wage as they continue to get back on their feet following forced closures during the pandemic. PREDATORY LOAN PREVENTION ACT (SB 2531/PA 102-658) Legislation created the Predatory Loan . The new bill would require that those taken into custody get three phone calls within three hours of arrest. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Submit your email address to be notified of crucial legislative action items, fundraisers, and news about our progress. Fifteen years are added if a firearm is possessed but not discharged, 20 are added if the gun is discharged with no injuries, and 25 years to life are added if there is a death or grievous injury. The bill also requires increased training for police officers and phases in a mandate that all police departments use body cameras by 2025. The dangerousness standard is determined by how much of a threat a person poses in the community. The minimum wage is now $12 an hour as of January 1. Should Sentencing Juries Consider Imprisonment Costs? CHICAGO (WLS) -- A downstate judge has entered a new ruling against Illinois' assault weapons ban. The new bill was supported by the Chicago Appleseed Center for Fair Courts and the Illinois Prison Project. This new Illinois law prohibits the Illinois Public Health Authorities from stopping or penalizing minors under the age of 16 from selling lemonade and other nonalcoholic drinks at lemonade stands to the public at large, even though they do not have a proper permit to sell such beverages. LEARN MORE. We will not list all of the new Illinois laws, but we will go through and highlight the ones we think will have the most importance in 2023: Effective July 2022, the Illinois Department of Human Services/Division of Mental Health (IDHS/DMH) implemented the new 988 Suicide & Crisis Lifeline, a national three-digit dialing code for individuals experiencing a crisis. J.B. Pritzker. History lessons next year will add some new curriculum to teach students about the contributions of Asian-Americans. SB 58: Lowers the registration fee for trailers weighing less than 3,000 lbs. Read a complete list here, and see the top new Illinois laws for 2022. We will cover the following topics: On January 13th, state legislators approved a colossal 764-page police and criminal justice reform bill that includes major changes, such as ending the practice of cash bail and money bonds, requiring all officers across Illinois to wear body cameras, and easing restrictions placed on those convicted of lesser charges. Want to learn more about DUI, Criminal & Traffic Defense? It also allows people being held in jail pre-trial (who have not been convicted) to vote. Critics of the three phone call rule argue that it doesn't account for situations where the arrested is drunk or otherwise unable to coherently make a phone call and handle mass arrests, among other discrepancies., Victims of crime, whether direct or tangential, can seek help through Illinois' victim compensation program, including payment for mental health treatment, unexpected medical costs, funeral costs, and missed work. I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. To fix this, HB 3807 would give judges the authority to decide appropriate sentences for people younger than 21 on a case-by-case basis and apply additional years to a sentence if appropriate. Recognizes June 19 Juneteenth as an official holiday celebrating the end of slavery in the U.S. The bill requires the Illinois Department of Corrections, and any other agency involved in a death, to investigate and report all deaths that occur in custody. . Gov. There were changes made to the Illinois Human Rights Act includes, the CROWN Act which expands the traits list associated with race, to include hair texture and protect hairstyles, such as braids, locks and twists, to combat hair discrimination in the work place. In 2022, that means minimum wage will increase to $12 an hour. Those who agree to fingerprinting are granted a streamlined process for renewal of FOID Cards and CCL licenses. Allows for the Illinois State Police to issue a combined FOID Card and concealed carry license to qualified applicants. Requires the Illinois State Police to establish a public database of all firearms that have been reported stolen to be checked prior to the transfer of any firearm to prevent the inadvertent transfer of stolen firearms. Tasks a new Violent Crime Intelligence Task Force to conduct enforcement operations against those with revoked FOID Cards. Current Illinois state law mandates that an individual in custody has the right to one phone call in a "reasonable" amount of time.