New Illinois Laws in 2023: What You Need to Know

This article will discuss the new Illinois laws that take effect January 1st, 2023. The Illinois legislature was very busy with the passage of over 180 new laws and we will discuss and give a brief overview below. 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:

• 988 Suicide & Crisis Lifeline
• Illinois SAFE-T Act
• Minimum Wage Increase
• Time Off for Miscarriage
• The CROWN Act
• Real Estate Discrimination
• Illinois Smoke Alarm Law
• Latex Gloves Ban  

New 988 Suicide & Crisis Lifeline in Illinois

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. The Lifeline offers 24/7 call, text and chat access to trained crisis counselors who can help people experiencing suicidal, substance use, and/or mental health crisis, or any other kind of emotional distress.

• Suicide prevention and mental health crisis lifeline
• Access point to statewide community-based crisis resources such as mobile crisis outreach teams
• Specialized intervention by certified crisis workers with advanced training in de-escalation and clinical suicide prevention
• Confidential, free, and available 24/7/365

People can also dial 988 if they are worried about a loved one who may need crisis support.

Illinois SAFE-T Act for 2023

Garnering most of the attention this year has been updates to criminal law with the Illinois SAFE-T Act, the Safety, Accountability, Fairness, and Equity, which is set to eliminate cash bail. The ending of cash bail addresses racial and criminal justice concerns while reducing the overall population of those held in pretrial detention. This statute passed with the Illinois legislature and will go into effect on January 1, 2023. The goal of the Illinois SAFE-T Act is to end cash bail and to promote racial and criminal justice.

Overview of Illinois SAFE-T Act

1. Crimes included in the "detention net"
2. Definition of danger and the “dangerousness standard"
3. Hearings for current detainees
4. Trespassing violations
5. Arrest warrants for missed court dates

Crimes Included in the "Detention Net"

Among the list of crimes where a person is denied pretrial release include arson, second-degree murder, kidnapping, and criminal sexual assault.  

Understanding the "Dangerousness Standard"

The “dangerousness standard” is determined by how much of a threat a person poses in the community. “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.

Hearings for Current Detainees

To make the process "manageable for courts," legislators proposed a tiered system for granting hearings on such requests. The hearings would then determine whether a current detainee should be released. The tiers would include:

• Lowest level offenses hearings must be within 7 days of request.
• Those detained but considered flight risks would get hearings within 60 days.    
• Those considered to be potential threats to safety get hearings within 90 days.

Trespassing Violations

Under the latest proposal, an officer can arrest someone for trespassing if:

• The person poses a threat to the community or any person;
• An arrest is necessary because criminal activity persists after the issuance of the citation;
• The accused has an obvious medical or mental health issue that poses a risk to their safety.  

What Does No Cash Bail Mean in Illinois?

Cash bail is a part of the criminal justice system in the United States.  In most states, cash bail is used to encourage defendants to engage in certain behaviors after they have been charged with a crime.  Typically, this would include making all court appearances and following specific rules set by the court, such as no contact provisions and no drugs or alcohol, to name a few.    

The defendant pays the clerk of the court a certain amount of cash set by the judge.  If the defendant does not follow the rules of the bail bond, they forfeit this money.    

The cash bail system in Illinois is abolished as of January 1st, 2023, meaning that lack of monetary funds will no longer present a barrier to release pending trial in Illinois.    

If a person is arrested after January 1st, 2023, the SAFE-T Act will apply to them, and they may be released if the prosecution cannot show by clear and convincing evidence that the defendant poses a threat to a specific person or that they have a high likelihood of willful flight.    

Illinois Minimum Wage Increases in 2023

Effective January 1, 2023, Illinois will increase the minimum wage to $13 an hour and increase one dollar per year per hour until January 1st, 2025, where it will plateau to $15 an hour.

Time Off for Miscarriage in Illinois for 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.

Illinois Smoke Alarm Law for 2023

The Illinois Fire Safety Alliance in 2017, worked with the General Assembly to pass a law which requires Illinois residents to replace their old smoke alarms with the type that has a long-term, ten-year sealed battery beginning January 1, 2023. Illinois homes must be equipped with smoke alarms that have a 10-year sealed battery. This applies to residents using alarms with removable batteries or alarms that are not hardwired.

Real Estate Discrimination

Illinois implemented a law that aims to make it easier for low-income families to find housing by declaring that it is a civil rights violation for any person engaging in real estate transactions to discriminate based on source of income.

The CROWN Act for 2023

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.

Illinois Ends Use of Latex Gloves for 2023

Illinois law ends the use of latex gloves for handling and preparing food, as well as for emergency responders like paramedics, thus making it safer for people with latex allergies to eat and to receive emergency medical care. (HB 209)

Changes Made to Illinois Laws for 2022

There were many changes made to Illinois laws for 2022, as well. We will give you a brief overview of some of the highlights of new Illinois laws for 2022.

Illinois Criminal Justice Reform

Governor J.B. Pritzker signed a new criminal justice reform bill, that aims to end cash bail in the state of Illinois and seeks to reform the widespread police misconduct that has faced Illinois and the country, which has been under the microscope in the recent past. Here are some highlights of the new law:

1. All Illinois Police Officers must wear a body camera on their person by 2025.

2. Police Officers within Chicago and the surrounding suburbs must wear body cameras by January 1st, 2022, this includes Cook County, Kane County, Lake County and Will County.

3. Illinois Police Departments are prohibited from buying and or using military grade equipment such as .50 caliber guns and tanks.

4. Illinois Police Officers are now prohibited from chokeholds on suspects.

5. 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.

6. Illinois Police Officers in Illinois now have a duty to intervene when another police officer uses excessive force against a suspect.

7. Illinois Police Officers can lose their police certification if they are found guilty of certain felonies or misdemeanors in the state of Illinois.

8. Illinois residents’ failure to pay fines and fees will no longer result in suspended driver’s licenses.

9. Illinois cash bail ends, meaning that if a detainee cannot afford their bail, and can prove they are unable to pay their bail financially, the detainees will be released from custody pending their trial or resolution of the case.  

10. Illinois prisoners are now to receive immediate medical treatment while they are imprisoned, pregnant women must be given accommodations.

11. Illinois detainees’ rights are expanded by the law, they are allowed 3 free phone calls within 3 hours of arrival at the police station, before police interrogation commences. Detainees are also allowed access to their cell phone to gather their personal contacts information before the police seize their phone.

12. Illinois prisoners with 4 months of time left or less on their sentence, are to be freed and placed on house arrest.  

13. Illinois police charges of resisting arrest by police officers must state the reason for the original arrest that was supposedly a resisted arrest.

Illinois Laws for the Protection of Animals

People that have a felonious criminal record pertaining to animal fighting or torture are now prohibited from living with animals or personally owning any animals.    

Changes to Illinois No Contact & No Stalking Orders

Under the Stalking/No Contact Order Act the Illinois legislature has sought to protect victims’ rights by having the perpetrator restrained from sending text messages, emails, or other social media posts or messages through Facebook, Snapchat, Instagram, Twitter, WhatsApp etc. Under the old law perpetrators could get around the law as it only prohibited perpetrators from contacting the victim by phone or in person, this is now resolved as social media is also added to the prohibited contact.

Illinois Guardianship Law Changes

In 2022, Illinois Guardianship law allows qualified Illinois licensed clinical psychologists opposed to only qualified Illinois licensed physicians to make the determination of whether or not an alleged person with a disability in a guardianship proceeding “the Respondent” has a mental disability severe enough to warrant them to have a need for a guardian over their person and or estate. This is a major change as the previous Illinois law only allowed qualified licensed Illinois Physicians to make that medical determination.

Illinois Educational Laws to Protect Illinois Students

New Illinois Law Gives Illinois Students the right to submit their ACT/SAT score when applying to Illinois public Colleges and Universities.  

Illinois Law Outlines Costs of College for Illinois Public University Students Declaring or Changing their Major

When Illinois public College students declare or change their major, Illinois Public Universities must provide the Illinois public College Student the following information:

• The job placement rate of their major 12 months after graduation.
• The average annual salary or hourly pay associated with that major at entry-level.

• The average annual salary or hourly pay 5 years after graduation.
• The estimated total cost of the education that the student is going to pay pertaining to their major.
• The estimated average monthly student loan payment over 20 years based on the costs of the Illinois student’s educational attainment.

Illinois Mental Health Law Gives Illinois Students Five Days of Excused Absences

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. 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.  

This helps many students who suffer from mental health problems such as anxiety and depression that may hinder their performance in school, this new Illinois law gives these students additional time to essentially take a break from their anxiety depression and other mental health issues and re-focus on school, this will lead to more students being successful despite suffering from anxiety depression and other mental challenges.

Illinois Law Allows Kids to Be Kids and Sell Lemonade Freely

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. A child’s lemonade stand was shut down because he did not consult with the proper authorities to obtain a permit to sell lemonade, and thus this law allows minors in Illinois to sell lemonade and other non-alcoholic drinks as long as they are under the age of 16.  

Official Illinois State Holiday: June 19th as Juneteenth

To celebrate the end of slavery in the state of Illinois and to combat the continuing racial injustices that is continue throughout the country in 2021, Governor JB Pritzker signed into law June 19th as an official state of Illinois holiday. Illinois has much history with ending slavery, President Abraham Lincoln a life-long resident of Illinois, started the process to end slavery throughout the United States by issuing the Emancipation Proclamation January 1st, 1865, while our county was in turmoil fighting the Civil War the North Union army vs. the South Confederate army.

On June 19th, 1865, almost 2 years after the Emancipation Proclamation was put into effect, the remaining enslaved people of the United States were set free. Slavery officially ended in the United States on this day, June 19th, 1865. This new Illinois law celebrates this day, by lowering all flags in the state of Illinois to half-staff, all Illinois Courts are closed, and state employees are given the day off in observance of the new Illinois State holiday.  

‍Illinois Consumer Protection Laws

Illinois has a new law effective January 1, 2022 which protects deceased residents of Illinois, internet providers, electric providers, medical system alert providers, water providers, cell phone providers, television providers, and others are now prohibited from charging the decedent an early termination fee or cancellation fee on a contract entered into between the provider and the decedent.

‍Illinois FOID Card Law Changes

The Illinois FOID Card has been subject to some changes by the Illinois Legislature. Here are some highlights of the changes which take effect on January 1st, 2022:

• Adopts the requirement that the Illinois State Police are to start a public database of all guns that have been reported stolen, which need to be checked prior to the transfer of any gun to prevent the sale of stolen guns.

• The Illinois State Police are now allowed to issue what is now known as a dual FOID card and concealed and carry license to Illinois applicants who qualify.
• Favors the use of fingerprinting for applicants, who are given priority, and a more streamlined process to renew their conceal and carry license along with their FOID card renewal. There is still no requirement that applicants have to submit their fingerprints to the Illinois State Police.
• 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.
• Effective January 1, 2024, the state of Illinois will now require person to person gun transfers in the state of Illinois to undergo National Instant Criminal Background Check System NICS which checks the backgrounds of individuals purchasing Federally licensed dealers or by Illinois state police online through NICS.
• Federal Firearms Licensures “FFL’s” are required to keep a record of their fire arm transfer transactions for at least 20 years upon request by an Illinois police officer the record must be produced by the transferee that identifies the record of transfer between the FFL transferor and the gun transferee, FFL dealer that transferred the gun to them, failing to do so is a Class A misdemeanor

• Individuals in the state of Illinois must provide a transfer record for individuals who received a gun to a private transfer to a Illinois licensed gun dealer in 10 days, the Illinois licensed gun dealer must keep the record for 20 years, and charge $25 for the record keeping. Individuals who fail to do this will be subject to a penalty of a Class A misdemeanor.

Illinois Laws Recognize Illinois Veterans

• 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. People eligible to receive the free Illinois Gold Star license plate are a surviving spouse or parent of the deceased veteran.  

• Upon the death of an Illinois veteran Resident who served in the United States military, The Illinois Guard will give the State of Illinois flag to the deceased Illinois Veterans next of kin.

We hope you found this article helpful. Please feel free to browse our articles on other areas of law, among others, family law and criminal law. We welcome you to fill contact our Illinois attorneys for any of your legal matters.