New year, new laws

In 2025, Illinois lawmakers passed over 460 new laws. 

Courtesy of Capitol News Illinois and illinoislegalaid.org, below are several key laws going into effect in 2026. Unless otherwise noted, these new laws begin Jan. 1.

Crime & Traffic

SB 0024 ends waiting periods for filing missing person reports. Police must take reports right away and cannot refuse to take a report because of the person’s age, mental health, possible foul play, where they went missing, or because they may have left on their own. Police also cannot refuse to take a report because the person making it does not have all the information or is not a family member of the missing person.

HB 3572 creates the Unfit Misdemeanant Diversion Program for people charged with misdemeanors found unfit to stand trial. Instead of traditional prosecution, eligible defendants can enter a diversion program that connects them to mental health or substance use treatment and support services. The law also creates a task force to review and improve how Illinois handles unfit defendants.

HB 3363 creates the FAIR Act, which establishes the Office of the State Public Defender and an independent State Public Defender Commission. This law centralizes Illinois’ public defense system under a statewide office to ensure people who cannot afford an attorney receive independent, consistent, and well-supervised representation. Some parts of the law take effect July 1, 2026, and others take effect Jan. 1, 2027.

HB 2602 removes the time limit for prosecuting crimes involving involuntary servitude, human trafficking, and related offenses when the victim was under 18 at the time of the crime. This change applies to crimes committed on or after the law’s effective date. 

HB 1226 updates the rules for renewing driver’s licenses for older adults, starting July 1, 2026. The law raises the minimum age for required in-person renewal from 75 to 79. Drivers ages 79-86 must take a vision test and, if they have a violation, a written test, but they will not need to take a driving test based on age alone. Drivers age 87 and older, and those age 75 and older with a commercial driver’s license must pass a road test each time they renew. Immediate family members can also file a signed report with the Secretary of State’s office if they believe a driver’s medical or cognitive condition makes it unsafe for that person to drive. 

SB 0008 creates the Safe Gun Storage Act. Gun owners must store their firearms safely if they know or should know that a minor, at-risk person, or someone who is not allowed to have a gun could access them. Unsafe storage can result in fines from $500-$10,000, depending on what happens as a result. Exceptions apply when the gun is lawfully carried, under the owner’s control, or taken through unlawful entry. The bill also makes other changes regarding reporting lost or stolen guns and gun dealer responsibilities.

SB 1899 creates a pathway for certain first-time, low-level weapon possession offenders in Illinois to apply for a Firearm Owner’s Identification card after completing a diversion program. Individuals who successfully complete the First-Time Weapon Offender Diversion Program can apply for a FOID card, as long as they meet all other eligibility requirements. This change removes a previous restriction and gives program graduates a chance to lawfully own a firearm. 

HB 3710 makes changes to the Rights of Crime Victims and Witnesses Act to clarify that crime victims, as defined by the law, have the right to be treated with fairness and respect during an investigation – including the right not to be deceived. This means that police cannot knowingly give false information about evidence. 

HB 1302 provides that law enforcement officers cannot discourage or try to stop a victim from filing a police report about abuse, sexual assault, sexual abuse, neglect, or exploitation. It also clarifies victims’ rights to receive timely notice of court hearings, requiring victims get at least seven days’ notice before most court proceedings.

School & Education

SB 1560 provides that beginning with the 2027-28 school year, school districts must offer mental health screenings to students in grades 3-12 at least once per year, but only in years when the state provides a free screening tool that includes a self-report option for students.

HB 3851 amends school code by broadening the definition of bullying to include sharing sexual images beginning July 1, 2026. Starting with the 2026–27 school year, it also expands the definition of cyberbullying to include posting or sharing someone’s digital replica (a fake likeness of a person that may be made with technology like AI) online without permission if it causes harm similar to traditional bullying. 

HB 1787 requires Illinois school districts to provide specific training on school evacuation drills and law enforcement lockdown drills to any substitute teachers. Schools are also required to display maps showing all school exits in the classroom.

SB 1616 establishes that the Illinois State Board of Education will identify dates of cultural or religious significance when students may be absent or unable to participate in major school events. It establishes that by July 1 each year, ISBE must post on its website and distribute to school districts a list of these observances for the upcoming school year to assist with scheduling decisions. This change went into effect this past August.

SB 191 requires that all newly purchased school buses in Illinois be equipped with three-point seat belts (lap and shoulder belts) at every seating position that meet federal safety standards. The requirement does not apply to buses leased by school districts or to out-of-state buses that only occasionally operate in Illinois. This change will begin July 1, 2031.

Health & Benefits

SB1950, also known as Deb’s Law, legalizes medical assistance in dying for terminally ill residents.  The law allows patients with a terminal illness and a prognosis of six months or less to live to obtain medication prescribed by a doctor to end their lives on their own terms.

HB1910 requires all public libraries in the state to have a supply of opioid antagonists in an accessible location and requires libraries take all “reasonable steps necessary” to ensure at least one person present during operating hours has completed opioid overdose training. 

Business & Work

HB 3773 makes it illegal for Illinois employees to use AI – both traditional artificial intelligence programs long in use and generative AI –  that discriminates against workers based on any legally protected classes like race, gender, sexuality, age and more. It is also illegal for these AI programs to use zip codes as stand-ins for those traits. The law applies to AI usage in all employment areas pertaining to hiring, promotion, job training, recruitment, privileges, tenure, discipline, job renewal and more.

HB 2978 creates the Family Neonatal Intensive Care Leave Act, which lets eligible Illinois employees take job-protected, unpaid leave when their child is in a neonatal intensive care unit. Employees of employers with 16-50 workers may take up to 10 days, and those with 51 or more may take up to 20 days. The leave is available to full-time and part-time employees, may be taken all at once or in increments, and health insurance coverage must continue during the leave. This leave is in addition to rights under the Family and Medical Leave Act. 

HB 1616 expands paid organ donation leave to include part-time employees. Now, both full-time and part-time workers can take up to 10 days of paid leave within a 12-month period to donate an organ. 

Money & Debt

SB 1738 automatically protects $1,000 in a checking, savings, or credit union account from collection between the time a debt collector gets a judgment against a debtor and the scheduled hearing date, and increases several other exemptions. 

HB 3352 provides that debtors are not liable for coerced debt and sets up procedures for alerting a collection agency. The debtor must provide a police report, court order, or other documentation showing a person was coerced into allowing someone else to use their name and credit information to take out debt.

House & Apartment

SB 1563 clarifies that eviction laws do not prevent law enforcement officers from enforcing criminal trespass laws. If a property owner provides proof of ownership, a law enforcement officer can remove a trespasser who is unlawfully occupying the property. The trespasser does not have to be given a written notice before being removed. 

HB 1575 makes recording modifications to unlawful restrictive covenants free of charge. Many Illinois property papers have discriminatory terms that were used to limit who could buy, rent, or use the property based on race, religion, or national origin. People buying and selling property, current owners, property association boards, and volunteer groups now work to find and modify these illegal terms. 

HB 3566 provides that eviction cases naming minors as defendants must be dismissed and sealed. A minor who is “willfully and wantonly” named as a defendant can get attorney’s fees, money to compensate for actual harm, and up to $1,000 just for having been named in the suit. The housing provider may refile the action against any other defendants who are not minors. The court cannot waive any filing fees for re-filing. 

Republic-Times

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