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What Recreational Marijuana Will Mean for Illinois ResidentsIn a long-expected move, Illinois is on the verge of becoming the 11th state in the U.S. to legalize the recreational use of marijuana. The new law, which will go into effect on Jan. 1, 2020, shows that Illinois is changing tactics from criminalizing marijuana to creating a regulated industry. As with alcohol and tobacco, the state will control marijuana possession and use, with violations likely resulting in fines. Here are answers to common questions about how Illinois will regulate marijuana possession:

  1. Who Can Possess Marijuana?: Marijuana possession will be limited to adults age 21 and older. Illinois residents will be allowed to possess as much as 30 grams of marijuana in leafy form, five grams of cannabis concentrate or 500 milligrams of THC infused in a product. Non-residents will be allowed to possess as much as 15 grams of marijuana.
  2. Where Can You Use Marijuana?: Marijuana use will not be allowed in public places, including most businesses and places of work. Local governments will be able to decide whether they will allow marijuana use inside marijuana dispensaries. Marijuana use will mostly be limited to private residences.
  3. Who Can Grow and Sell Marijuana?: You are not allowed to grow marijuana in your home unless you are a medical marijuana patient. Marijuana sales will be restricted to licensed dispensaries, similar to the medical marijuana dispensaries. This is how the state will try to keep the industry under control and generate revenue.
  4. How Will the Change Affect Those Previously Convicted?: People previously convicted for possessing 30 grams or less of marijuana will be able to petition for a pardon from Illinois Gov. J.B. Pritzker. If you are pardoned, the Illinois Attorney General could expunge the conviction from your record. State’s attorneys on the county level will also be allowed to expunge convictions.
  5. What Else Should You Know?: It will still be illegal to drive under the influence of marijuana. However, Illinois must determine how it will measure whether someone is impaired by marijuana. Unlike blood alcohol, traces of marijuana can remain in your body for weeks after use.

Contact a Crystal Lake Criminal Defense Attorney

After the law goes into effect, Illinois residents and law enforcement will need time to understand the limits of Illinois’ recreational marijuana policy. This may result in people being charged when they have not actually violated the law. A McHenry County criminal defense attorney at Botto Gilbert Lancaster, PC, can contest an unjust drug charge being brought against you. To schedule a free consultation, call 815-338-3838.

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Illinois Looking to Strengthen Penalties of Move-Over LawIllinois lawmakers have introduced new legislation that would increase the punishment for drivers who violate the “move-over” law, also known as Scott’s Law. The existing law states that drivers must use caution when approaching a stationary emergency vehicle on the side of the road. Scott’s Law is a traffic violation that requires a fine, though it can also be an aggravating factor for charges such as driving under the influence. The changes to the law would expand the punishments for incidents involving property damage or personal injury.

Scott’s Law

The state created the move-over law to protect emergency responders after several had been injured or killed when motorists struck them by the side of the road. The law was named after Chicago Fire Department Lt. Scott Gillen, who died after being hit by an intoxicated driver while responding to a crash. The law states that drivers who are approaching a stationary emergency vehicle must:

  • Proceed with caution;
  • Reduce speed; and
  • Change lanes in order to give the vehicle room, if possible.

The law defines a stationary emergency vehicle as any vehicle that is authorized to be equipped with flashing lights, including the red and blue lights and yellow lights. A conviction is a business offense, punishable by a fine of $100 to $10,000. For incidents involving vehicle damage or personal injury, the offender’s driver’s license can be suspended for 90 to 180 days.

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New Illinois Law Would Allow Latent Injury Claims Past Statute of ReposeThe Illinois General Assembly has passed legislation that extends the opportunity to receive compensation when people suffer from work-related occupational diseases. If signed by the governor, the law would allow plaintiffs to file civil lawsuits against employers if the statute of repose for workers’ compensation has expired. The Illinois Supreme Court ruled in 2015 that workers’ compensation was the only recourse for people seeking compensation for occupational diseases and that the 25-year statute of repose is a strict time limit for when a plaintiff must file a claim. The new law would effectively circumvent that ruling.

Occupational Diseases

Unlike most workplace injuries, an occupational disease develops from long-term exposure to a contaminant and not from a specific event. Common causes of occupational diseases include:

  • Exposure to radioactive materials; and
  • Inhalation of harmful substances, such as asbestos.

The period of repose is the length of time after the worker’s last known contact with the contaminant that a plaintiff has to file a workers’ compensation claim. Depending on the cause of the occupational disease, the statute of repose could be as little as two years or as long as 25 years. However, it can take years to decades for a worker to become aware of an occupational disease, such as cancer or respiratory diseases.

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Illinois Bill Would Reduce Felony Convictions for Retail TheftDo you know that Illinois has one of the strictest retail theft laws in the U.S.? Illinois is one of only six states that allows felony convictions for stealing items valued at $300 or more. Many other states require the value to be more than $1,000 before a retail theft conviction becomes a felony. Members of the Illinois House of Representatives are trying to change the law to raise the minimum value for a felony theft charge and reduce the number of offenders who end up in prison.

New Law

The proposed bill would make three changes to Illinois’ criminal code regarding theft:

  • Theft of property valued at less than $2,000 would be a Class A misdemeanor;
  • Theft of property valued at $2,000 or more would be a Class 4 felony; and
  • A second theft conviction of less than $2,000 would be a felony only if the first conviction was a felony.

Predictably, business owners have publicly opposed any raise to the minimum value required for a felony retail theft conviction. Illinois lawmakers have admitted that they may need to reduce the $2,000 threshold in order to pass the bill. However, raising the minimum to even $1,000 would be an improvement for the state.

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Car Seat Safety Protects Children During AccidentsIllinois is enacting a child car seat law at the beginning of 2019 that will require children younger than 2 to be placed in rear-facing car seats. A front-end collision is dangerous to infants facing forwards because the forward momentum during a sudden stop can hurt their necks and heads. A rear-facing car seat absorbs the impact of a front-end collision and better secures a child’s head and neck. There are several other ways to protect your children in case of a vehicle accident, some of which are Illinois law requirements:

  1. Consider Child’s Size: Although the law creates an age cutoff, you should not assume that your child is ready for a front-facing car seat when he or she turns 2. Safety researchers recommend that children continue riding in rear-facing car seats until they weigh more than 40 pounds or are more than 40 inches tall.
  2. Dress in Thinner Layers: You should firmly strap your child into the car seat, but bulky clothing items can compress during a crash, causing the restraints to be looser. It is advised that you dress your child in a thinner layer of clothing and place a coat or blanket on top of the seat.
  3. Car Seats Required Until 8: Illinois law states that any child younger than 8 must be secured in a child safety seat, such as a front-facing car seat or a booster seat. For children in booster seats, the lap belt should go across the child’s thighs, and the shoulder belt should go across his or her chest and shoulder. Your child should not use a booster seat if there is not a shoulder belt.
  4. Keep Children in Back: Researchers recommend that children sit in the back seat of a car until they are 12. The front row of seats is a layer of protection for them in case of a front-end collision. The force of the airbag being deployed can also be dangerous for your children.

Contact a McHenry County Personal Injury Attorney

You may receive a fine if you fail to secure your child in a car seat as mandated by Illinois law. However, violating a car seat law does not affect your ability to receive personal injury compensation if someone else was at fault for the vehicle accident that injured your child. A Crystal Lake, Illinois, personal injury attorney at Botto Gilbert Lancaster, PC, can help you file a lawsuit to collect damages for your child’s injury. Schedule a free consultation by calling 815-338-3838.

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Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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