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What Illinois laws take effect January 1, 2023?
By Jessica Davis on December 28, 2022
Last full review by a subject matter expert
December 28, 2022
Last revised by staff
December 28, 2022

The Illinois legislature was busy in 2022! We tracked over 700 bills that were sent to the Governor’s office to see if they became law. If they did, we then tracked whether they impacted the information on our site. Most did not, but many did.

Of those that did, some have already taken effect. Below is a list comprised mostly of the laws that take effect starting January 1st, 2023. Included is a list of pages on our site that were updated.

Family & Safety

IL SB 1486 Allows DCFS workers to carry self-defense sprays

DCFS workers who conduct in-person visits will be allowed to carry sprays like mace for self-defense when visiting homes. They will also be allowed to use those sprays under certain circumstances. Learn more about DCFS Investigations.

IL SB 3667 Changes for orders of protection

Changes requirements for filing a petition for a protective order. Now, petitions for protective orders may be filed at any time. This can be in-person, by email, or online. Also, counties with populations above 250,000 must offer the petitioner the option or a remote hearing. This information should be available on the court’s website.

Business & Work 

IL SB3146 One Day of Rest Act

The One Day of Rest Act includes two important changes. First, employees must get one day of rest in “every consecutive seven-day period.”  And second, employees must get a 20-minute meal break for the first 7.5 hours worked. After that they must get another 20-minute break for each additional 4.5 hour period worked after.

IL SB 3120 Family Bereavement Leave Act

The Family Bereavement Leave Act (FBLA) gives eligible employees the option of unpaid time off for certain situations. It allows time to grieve the death of a family member covered by the act. It also covers time off for certain pregnancy events, like miscarriage, or other diagnosis that impacts pregnancy. Lastly, it covers  adoption related events. Eligible employees will be allowed to use a maximum of two weeks of unpaid bereavement leave. Learn more about the Family Bereavement Leave Act.

IL SB 0001 Minimum wage change

The minimum wage for employees 18 and older will increase to $13 per hour. For employees under 18 who work less than 650 hours per year, the minimum wage will increase to $10.50 an hour. Learn more about the minimum wage

School & Education

IL SB 3902 High school curriculum changes

This change applies to students entering high school in the 2023-2024 school year. These students will need to complete at least one year of computer science. This is a graduation requirement now. Additionally, all public high school students must complete the Free Application for Federal Student Aid (FAFSA) form. If they do not want to file it, they must waive it. This is a requirement in order to receive their high school diploma. Learn more about graduation requirements for high school.

IL HB 4343 School wellness checks

Schools can establish wellness checks for students in the 7th grade through 12th grade. The Department of Healthcare and Family Services can also do this. The purpose of these wellness checks is to identify and help students who are at risk of mental health conditions. Some examples of these conditions including depression or anxiety. Learn more about children and mental health.

IL HB 5488 School absence for civic event

Middle school and high school students will be allowed to miss one day of school per year to attend a civic event. This absence will be recorded as an excused absence. A civic event means an event sponsored by a non-profit organization or governmental entity that is open to the public. This could be an artistic or cultural performance. It can also be an educational gathering that supports the mission of a non-profit organization. 

House & Apartment

IL SB 1097 Mobile home lease

Mobile home leases need to include the contact information of the park owner, property manager, or agent. Learn more about requirements in a mobile home lease

IL HB 2775 Source of income discrimination  

You cannot be discriminated against because of your source of income during a real estate transaction. A real estate transaction includes coming up with terms for a real estate sale and offer-making. These kinds of transactions usually take place with a real estate agent or a broker. Learn more about housing discrimination.

IL HB 1633 Nursing Home Care Act

The Nursing Home Care Act clarifies that residents in a nursing home have the right to present grievances. This can be on their own behalf or on behalf of another resident. They may present the grievances to the nursing home administrator or the Long-Term Care Facility Board. And they may present those grievances free from restraint, interference, coercion, or discrimination. Learn more about your rights in a nursing home

Health & Benefits

IL HB 2595 Access to mental healthcare

Illinois insurance must cover medically necessary mental health care. This includes treatment for mental, emotional, nervous or substance use disorders.

IL HB 4343 New services covered by Medicaid

Medicaid now covers licensed certified professional midwife services. It also covers perinatal doula and acupuncture services. Learn more about services covered by Medicaid

IL HB 4271 Insurance coverage for breast reduction

Illinois accident and health insurance must now cover medically necessary breast reduction surgery. 

IL HB 5318 Insurance coverage of prostate cancer screenings

Illinois health insurance must cover annual prostate cancer screenings. This is only if it is recommended by a medical provider. 

Money & Debt

IL HB 4682 Veterans emergency financial assistance

Veterans’ Cash grants for emergency financial assistance can be used to pay for past due utilities, housing, and transportation costs. Learn more about benefits for Illinois veterans.

Citizens & Immigration

IL HB 4343 Healthcare for non-citizens

The Department of Healthcare may provide medical services to non-citizens 42 years old and older. You can learn more on the Illinois Department of Human Services website. Learn more about the requirements to qualify Medicaid

Crime & Traffic

IL HB 3653 End of cash bail system

This law change makes it so that the state of Illinois will not use a cash bail system anymore under the SAFE-T Act. Instead, it will use a “pretrial release” system. Under the pretrial release system, you may be released while you wait for your trial without needing to arrange for cash bail. Learn more about the SAFE-T Act. This law change has not gone into effect yet. 

IL HB 3653 Encountering the police

Illinois counties and municipalities with populations of 100,000 to 500,000 will need to wear body cameras. Learn more about the areas subject to this body camera requirement. Additionally, you can file an anonymous complaint to the Illinois Law Enforcement Training Standards Board. This is a method to report a police officer. Learn more about reporting an officer

IL HB 5304 Vehicle registration rate for senior citizens

Senior citizens who receive benefits under the Senior Citizens and Person with Disabilities Property Tax Relief Act will now pay $10 for their vehicle registration. This new rate also applies to the spouse of a qualifying senior citizen. 

IL HB 4392 Felony expungement changes

You can now apply for a felony expungement or sealing even if you have tested positive for cannabis within 30 days of filing the petition. Learn more about expunging or sealing a criminal record.

IL HB 3988 Task Force on Missing and Murdered Chicago Women Act

Illinois has created the Task Force under the Missing and Murdered Chicago Women Act. This task force will research the systemic causes behind violence that Chicago women and girls experience. It will also determine what measures need to be taken to address those causes.

IL HB 5441 Clarifying consent under the criminal code

This change clarifies that if a survivor has voluntarily consumed an intoxicating substance, they are legally “unable to give knowing consent.”

IL HB 4559 Prison Records

This change allows a person who is committed to the Illinois Department of Corrections, and their attorney, to request a summary of the committed person's master record file once per year.

Diversity, Equity, and Inclusion

IL SB 3477 CROWN (Create a Respectful and Open Workplace for Natural Hair) Act

The CROWN Act creates protections for Illinoisans discriminated against due to hairstyles historically associated with specific racial groups. Learn more about rights as a protected class against workplace discrimination.

Other Law Changes

IL HB 4163 Use expansion of the Illinois Police Association Fund

Illinois has the Illinois Police Association Fund. This fund will be used to provide death benefits to the families of police officers who have died from natural causes. This fund already provides benefits to the families of police officers killed in the line of duty.
 

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Worried about doing this on your own?  You may be able to get free legal help.

Part of the safety and protection library, sponsored by Perkins Coie

Perkins Coie logo

Part of the equal education library, sponsored by Greenberg Traurig.

Greenburg Traurig logo

Part of the Immigration rights library, sponsored by Skadden