Changes in the Law as of January 1st, 2021

  • By:attyjjames

Every January 1st in Illinois brings with it, cold temperatures, heavy snow, and usually a ton of new laws on the books. However, because 2020 was like no other year, only a handful of laws will go into effect on 1/1/21. In contrast, in January of 2020, more than 200 laws and policies went into effect. The sharp decline in new laws is largely due to the fact that law makers were in Springfield for a shorter term during the Covid-19 pandemic. Below is a summary of what changed this year:

Lower max prices for Insulin

The Illinois Insurance Code was amended by Senate Bill 667 (Public Act 101-0625). This change limited the out-of-pocket costs to no more than $100 per month for anyone on a state regulated insurance plan. The new, lower cap applies to patients no matter how much Insulin they require or the type of prescription for the Insulin drug prescribed.   

Using DNA to help solve missing person cases

The Missing Persons Identification Act was amended by House Bill 2708 (Public Act 101-0266). This law was passed back in 2019 and as of 1/1/21, it allows members of law enforcement to get a DNA sample from the missing person or a sample of a family member’s DNA to use a reference. The requirement only applies once a formal missing person report has been made. Notably, the law also requires law enforcement agencies to dispose of the DNA samples if and when the missing person is found.

This law also provides law enforcement agencies with additional tools to try to locate a missing person by adding the National Missing and Unidentified Persons System to the list of laboratories that law enforcement can access. The NMUPS is a national database of missing person information to aid law enforcement.

Keeping victims’ addresses confidential

The Address Confidentiality for Victims of Domestic Violence or Stalking Act was amended by House Bill 2818 (Public Act 101-0270). This change now includes survivors of sexual assault and stalking in the Illinois Address Confidentiality Program (ACP). The program helps protect victims who fear for their safety by allowing them to apply to the ACP through the Attorney General’s Office. Once in the program, all first-class mail is forwarded to a substitute address provided by the victim and allows victims to use the alternate address for official public records such as driver’s licenses.

College Funding for the Children of Illinois

Starting January 1, 2021, every child born or adopted in Illinois will automatically get $50 deposited a college savings account (or 529 plan). Over the course of the following 18 years, this small contribution would gain interest and would end up being a couple of hundred dollars. While law makers realize that this is not enough to fund a child’s education, the hope is that by starting off at birth with a small contribution, parents may be motivated to continue to invest in their child’s future. The initial costs of the program will be roughly $8 million dollars with an additional $1.5 millions spent each year the program remains active. Notably, High school graduates who do not use the money age 26 will forfeit the money to the State.

Vehicle Registration can now be every 2 years

In 2019, then Governor, Bruce Rauner signed a law that allows the Secretary of State’s office to give Illinois motorists the option to register their cars for 2 years at a time. There will also be an option to for a 5-year registration on trailers. The annual cost of registrations will not change. The Law was set to go into effect on 1/1/21, however, the program has not been fully implemented because of delays caused by the pandemic.

Minimum wage increase

Starting 1/1/21, the State minimum wage in Illinois will go from $10 to $11 per hour. This is not a new law, and instead is a continuation of a law passed by Illinois law makers in 2019. The law provides that the State minimum wage is to continue to increase by $1/hr. every January 1st until it reaches $15/hr. on 1/1/2025.

As the saying goes; “ignorance of the law, excuses no one”, so it is important that everyone tries to stay up to date on these annual changes.

Posted in: Criminal Defense
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