New Illinois Laws for 2012
ARE THERE ANY NEW ILLINOIS LAWS FOR 2012?
Yes, there are over 200 new laws that are effective in 2012.
WHAT ARE SOME OF THE NEW LAWS THAT ILLINOISIANS SHOULD BE AWARE OF?
SEATBELT LAW
One of the new Illinois laws going into effect in the New Year requires that adults wear seat belts while riding in the back seat of a vehicle. Under the law, people 18 and younger also must wear a seat belt while riding in a taxi for school-related purposes. Police will be permitted to pull over a car if they see someone violating the law. Passengers caught without a seatbelt will receive a $25 fine. The old law required only the front seat driver, passenger, and passengers under the age of 19 to wear a seat belt. In Illinois, 38 backseat passengers not wearing seatbelts died in 2009, representing a steady decline in those fatalities since 2005.
CELL PHONES - DRIVING
Anyone who earns a living on the road will have to hang up to drive in 2012. A new law prohibits the use of hand-held cell phones by anyone driving a Commercial Motor Vehicle (CMV) on Illinois roadways. There are some exceptions to the rule. CMV drivers may use a cell phone when: the mobile phone is being used with a hands-free device, the vehicle is pulled over and completely stopped at a safe location, or a CMV driver is requesting emergency police or fire services.
SPEED LIMIT – TRUCK DRIVERS
The speed limit for semi trucks in Illinois also changes January 1. In 2012 large trucks can now legally drive as fast as cars do. The truck speed limit was raised to 65 miles per hour on most four-lane highways and interstates in the state. The law previously mandated a split speed limit where passenger vehicles could cruise at 65 while trucks were only allowed to drive 55.
DRUGS
Synthetic marijuana, sold in convenience stores and gas stations under names such as “Spice,” “K2” and “Head Trip,” will be outlawed. The law makes possession or sale of the products a felony with penalties ranging from 1 to 60 years. If a store sells the product, it can be shut down and fined $150,000. The person who sold it can face 5 years in prison. An individual in possession faces 3 years and fines up to $25,000. The synthetic formulas vary, and the new law attempts to include them all.
If you are found guilty of manufacturing or delivering drugs in a situation where an emergency response was required, you can be required to pay the cost of that emergency response, as well as an additional fine of $750 or $1,000.
The products mimic the high of marijuana but have more dangerous side effects, including seizures and dangerously elevated heart rates. The smokeable herbal products typically are made of plant material that's been spiked with chemicals developed for use in the study of brain receptors activated by marijuana. The products are sold, with a wink, as incense or potpourri.
MURDER REGISTRY
People convicted of first-degree murder must be added to a new first-degree murder database, similar to the sex offender registry, when they're released from prison or any other facility. The public database would include names, addresses, employment places, schools attended and photos for offenders for up to 10 years after release from prison. House Bill 263, better known as “Andrea's Law,” will require all former first-degree murder convicts to be on a registry for 10 years following their release from prison.
SEX OFFENDER REGISTRY
Convicted sex offenders who are employed at or attend a college or university must register with campus public safety.
DNA TESTING
House Bill 3238 expands the list of those arrested or convicted of certain crimes who will be required to submit to DNA testing. Crimes include first-degree murder, home invasion, predatory criminal sexual assault of a child, aggravated criminal sexual assault and criminal sexual assault.
Expands the list of those required to submit to DNA testing to include (1) a person required by an order of the court to submit a DNA specimen; (2) any person arrested for any of the following offenses, after a determination by a judge or a grand jury that probable cause exists for the arrest: first degree murder, home invasion, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault; and (3) any person required to register as a sex offender under the Sex Offender Registration Act, regardless of the date of conviction.
EDUCATION
Under House Bill 3281, School boards can suspend or expel a student who makes an explicit threat on a website against another student or any school employees or personnel.
GUNS
People with an order of protection issued against them must surrender their Firearm Owners Identification Card until the order is lifted. Anyone convicted of domestic battery is ineligible to obtain or keep an FOID card.
RED LIGHT
Motorcyclists stopped at a red light may proceed through the light if it fails to change to green after a reasonable length of time (2 minutes – though not defined in the bill). However, the law does not apply to Illinois cities within more than 2 million people. Therefore, motorcyclists should not go through a red light in Chicago.
HEALTHCARE
House Bill 1562 provides the public access to hospital report cards through the Illinois Department of Public Health website.
ELECTRONIC DEVICE RECYCLING
Televisions, computers, cellphones, VCRs and other electronic devices are now banned from Illinois landfills and will not be accepted as garbage. Owners of these items will have to take them to local recycling facilities instead, or face potential fines.
Other banned items include:
* Video game consoles
* Scanners
* Speakers
* Electronic keyboards
* Fax machines
* Printers
* DVD players
Every business that sells electronics in Illinois is also required to have signage that informs customers of the ban, and their recycling options.
Trash haulers will be banned from picking up the items with the regular trash, though in some communities, residents might be able to call for curbside pickup. Violating the law could result in a fine of $25 for a first offense and $50 for subsequent offenses.
DISABLED TERMINOLOGY
State Senator Matt Murphy (R-Palatine) was among those extremely uspet about existing wording in Illinois law books referring to mentally, physically and developmentally disabled individuals, calling some of the terms offensive.
New laws will now remove terms such as "crippled" and "mentally retarted" and replace them with more sensitive ones such as "intellectually disabled," or "physically disabled," among others.
TOLLS
Drivers on Illinois' Tollway system will pay nearly double the rates they did last year. Tolls were increased 87.5 percent for I-PASS users, while those paying cash will still be required to pay twice the rate of those using I-PASS.
Tolls that were once 40 cents have jumped to 75 cents, while 80-cent tolls will now cost $1.50 for those using cash.
The Chicago Tribune reports that a driver traveling twice a day, five days a week, 50 weeks a year, will now pay about $275 more a year in tolls.
The Tollway's rate increase will supposedly pay for the cost of $12.1 billion in expansions and improvements to the roadway system over the next 15 years, officials said.
STATE IDENTIFICATION WITHOUT A PHOTO
The Illinois secretary of state's office can now issue state identification cards that do not contain a photo of an applicant who has a religious objection to being photographed. The measure was sponsored by Rep. Adam Brown, R-Decatur, who said Amish leaders requested the change.
LOCK CHANGE REQUIREMENTS FOR RENTAL FACILITIES IN COOK COUNTY
A new amendment to the Illinois Landlord and Tenant Act requires most landlords in Cook County to re-key or otherwise change the locks of the apartments and other properties they own whenever new tenants move in.
The law, as Evanston Now reports, excludes locks on common areas of buildings and does not apply to owner-occupied buildings with four or fewer apartments, nor to the rental of a room in an owner-occupied private home.
UNDERAGE CELL PHONE RESTRICTIONS
Prosecutors are now permitted to go through juvenile courts to seek counseling or community services for minors as opposed to charging them with felony child pornography for instances of “sexting.”
Under the new law, any minor under age 17 who knowingly electronically transmits materials depicting nudity or other sexual conduct is subject to a Class B Misdemeanor, punishable by up to 6 months in jail and a $1,500 fine. If you are under 17 and you knowingly request another minor to sext for you, you can be charged with a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine. If you post the image on the Internet or a website for at least 24 hours with the intent of injuring another’s reputation or causing emotional distress, the charge stiffens to a Class 4 felony, punishable by imprisonment for 1 to 3 years.
The new law also permits a Judge to order an offender into a diversion program, such as counseling, that would look at the problems, which led to the sexting offense. If a minor commits a second violation, the Court can forbid the defendant the use of any electronic telecommunications device for up to six months other than for emergencies.
HIGHER CONTROL OF ACIDS
Any person purchasing caustic or noxious substances (including but not limited to drain cleaners, acidic cleaning solutions, ect.) from any general retailers will be required to show a government issued photo ID that bears their name and birthdate. Their name and address as well as date and time of purchase, type of product, brand and net weight will be recorded and turned into the state for recording.
GUN CONTROL
People with an order of protection issued against them must surrender their Firearm Owners Identification Card until the order is lifted. Anyone convicted of domestic battery is ineligible to obtain or keep an FOID card.
INCREASED PENALTIES FOR FINANCIAL ABUSE OF THE ELDERLY
Criminals who take advantage of the elderly for financial gain will face stiffer penalties in 2012.
House Bill 1689, sponsored by Rep. Emily McAsey (R-Lockport), increases criminal penalties for financial exploitation of the elderly, based on the amount of money that is stolen. Exploitation includes taking seniors' money, property or valuables, denying services to conserve funds, or cashing pension or social security checks without permission.
“Financial fraud and abuse of senior citizens is an often underreported crime that requires greater attention from lawmakers and law enforcement,” McAsey said. “By imposing stiffer penalties on criminals who defraud their own elderly family members or other members of the senior community, we can help better protect those who are sometimes unable fight for themselves.”
INFANT-CARE EDUCATION REQUIREMENTS
Requires all employees of licensed child care facilities who care for newborns and infants to complete training every 3 years on sudden unexpected infant death (SUID), sudden infant death syndrome (SIDS) and on the safe sleep recommendations of the American Academy of Pediatrics. Infectious Disease Control (HB 1096/PA 97-0107): Requires nursing homes to designate a person as an "Infection Prevention and Control Professional" to develop and carry out policies to control the spread of infections and communicable diseases. Also requires that this person receive the appropriate training to carry out these duties.
The material and information contained in this article is for informational purposes only and does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and how it may affect your particular legal problem. Each legal problem depends on its individual facts. Readers of this information should not act upon any information contained on this website without seeking the advice of an attorney licensed to practice law for your particular subject matter.