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11 New Laws For 2011, Part 1 for Illinois residents
Michael Helfand on 11.10.10 at 7:16 AM
Hard to believe that a new year is almost upon us. For the pro-active reader, here are six new laws for 2011 with five more to come tomorrow.
Tougher law for reckless driving near bicyclists
Motorists who drive recklessly near a bicyclist will see an increase in penalties - up to a year in jail and fines up to $2,500. If a violation leads to a permanent injury, it can be a Class 3 felony. It's considered reckless to drive unnecessarily close to a cyclist. The law also includes driving too close to a pedestrian, horseback rider or someone driving an animal-drawn vehicle. The law goes into effect Jan. 1, 1011.
Penalties increased for dog fighting near schools and parks
This law was initiated after authorities discovered a major dog fighting ring operating out of a daycare facility in Maywood. Penalties will be more severe for those found guilty of holding a dog fight within 1000 feet of a school, public park, playground or other facility providing services to kids under 18. The law also increases the penalty for those guilty of bringing a child under 13 to a dog fight. Both will become Class 3 felonies for the first offense and Class 2 felonies for a repeat offense. The law goes into effect Jan. 1, 2011.
New law addresses unique problem of teen sexting
A new law says that minors involved in sexting (distributing photos of a sexual nature via phone or computer) can be taken into custody by law enforcement officers. The law also says these minors can be required to appear before a judge, although court supervision, counseling and community service are available. As the law stands now, sexting falls under child pornography laws and teens caught electronically distributing photos are lumped into this category. Child pornography laws are harsh and include mandatory registration as a sex offender. The new sexting law is tailored to minors and goes into effect Jan. 1, 2011.
All rape kits must be tested
Illinois is the first state in the country to require testing of all DNA evidence gathered from sex crimes. The new law requires law enforcement to submit sexual assault evidence to the crime lab for testing within 10 business days. The lab then has six months to analyze the evidence. The law is in response to a large backlog of evidence, including possibly thousands of untested rape kits in police storage facilities. The new law also requires that the backlog of DNA evidence is tested in cases where the statute of limitations hasn't passed. Hopefully, this new law will lead to more aggressive and consistent investigation of sex crimes.
Law cracks down on excessive speeding
There is a new category of excessive speeding - between 30 and 39 mph above the limit. Under the current law, speeding by that much would be considered a standard moving violation. The new law defines it as excessive speeding, with a penalty of up to $1,500 in fines and up to six months in jail. For drivers convicted of speeding 40 mph or more above the limit, the penalties are fines up to $2,500 and a year in jail. For those who speed by 40 mph or more, court supervision will no longer be available, meaning you can't keep it off your record by paying the fine and completing driving school. This law goes into effect Jan. 1, 2011.
Collecting unpaid wages gets easier
Wage theft is when an employer doesn't pay a worker the wages they have earned. A recent study showed that low-wage workers in Illinois were losing 16% of their wages, on average, because of employer misconduct. A new law allows Illinois workers to go straight to court to collect unpaid wages, as well as their legal fees, rather than first filing a complaint with the state. Employees can sue not only the company but from an individual owner. Small cases, for less than $3,000, are handled by the Illinois Department of Labor, which will streamline its process to help collect unpaid wages more quickly. This new law, which goes into effect Jan. 1, 2011, also increases penalties - criminal charges, fines, and interest on past-due wages - for employers.
Read more: 11 New Laws For 2011, Part 1 - Chicago's Real Law Blog
Michael Helfand on 11.10.10 at 7:16 AM
Hard to believe that a new year is almost upon us. For the pro-active reader, here are six new laws for 2011 with five more to come tomorrow.
Tougher law for reckless driving near bicyclists
Motorists who drive recklessly near a bicyclist will see an increase in penalties - up to a year in jail and fines up to $2,500. If a violation leads to a permanent injury, it can be a Class 3 felony. It's considered reckless to drive unnecessarily close to a cyclist. The law also includes driving too close to a pedestrian, horseback rider or someone driving an animal-drawn vehicle. The law goes into effect Jan. 1, 1011.
Penalties increased for dog fighting near schools and parks
This law was initiated after authorities discovered a major dog fighting ring operating out of a daycare facility in Maywood. Penalties will be more severe for those found guilty of holding a dog fight within 1000 feet of a school, public park, playground or other facility providing services to kids under 18. The law also increases the penalty for those guilty of bringing a child under 13 to a dog fight. Both will become Class 3 felonies for the first offense and Class 2 felonies for a repeat offense. The law goes into effect Jan. 1, 2011.
New law addresses unique problem of teen sexting
A new law says that minors involved in sexting (distributing photos of a sexual nature via phone or computer) can be taken into custody by law enforcement officers. The law also says these minors can be required to appear before a judge, although court supervision, counseling and community service are available. As the law stands now, sexting falls under child pornography laws and teens caught electronically distributing photos are lumped into this category. Child pornography laws are harsh and include mandatory registration as a sex offender. The new sexting law is tailored to minors and goes into effect Jan. 1, 2011.
All rape kits must be tested
Illinois is the first state in the country to require testing of all DNA evidence gathered from sex crimes. The new law requires law enforcement to submit sexual assault evidence to the crime lab for testing within 10 business days. The lab then has six months to analyze the evidence. The law is in response to a large backlog of evidence, including possibly thousands of untested rape kits in police storage facilities. The new law also requires that the backlog of DNA evidence is tested in cases where the statute of limitations hasn't passed. Hopefully, this new law will lead to more aggressive and consistent investigation of sex crimes.
Law cracks down on excessive speeding
There is a new category of excessive speeding - between 30 and 39 mph above the limit. Under the current law, speeding by that much would be considered a standard moving violation. The new law defines it as excessive speeding, with a penalty of up to $1,500 in fines and up to six months in jail. For drivers convicted of speeding 40 mph or more above the limit, the penalties are fines up to $2,500 and a year in jail. For those who speed by 40 mph or more, court supervision will no longer be available, meaning you can't keep it off your record by paying the fine and completing driving school. This law goes into effect Jan. 1, 2011.
Collecting unpaid wages gets easier
Wage theft is when an employer doesn't pay a worker the wages they have earned. A recent study showed that low-wage workers in Illinois were losing 16% of their wages, on average, because of employer misconduct. A new law allows Illinois workers to go straight to court to collect unpaid wages, as well as their legal fees, rather than first filing a complaint with the state. Employees can sue not only the company but from an individual owner. Small cases, for less than $3,000, are handled by the Illinois Department of Labor, which will streamline its process to help collect unpaid wages more quickly. This new law, which goes into effect Jan. 1, 2011, also increases penalties - criminal charges, fines, and interest on past-due wages - for employers.
Read more: 11 New Laws For 2011, Part 1 - Chicago's Real Law Blog