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posted on 12/30/13

A multitude of new laws will come into effect in the New Year, with grave consequences for Illinois residents who are caught unaware. Some laws, however, may ultimately be seen as beneficial for those looking for both justice and freedom. Here are just a few of the new laws arriving in January.

Illinois Further Disincentivizes Cell Phone Use while Driving

Currently, while texting and driving is a crime in Illinois, using a hand-held cell phone while operating a motor vehicle is not. Effective January 1st, using a hand-held cell phone while driving is against the law. A first offense will result in a traffic citation for $75, with an increase of $25 for each subsequent offense. Hands-free devices are still legal if they can be operated with a push of one button.

A $75 ticket may not be a strong enough incentive for some to abandon their cell phones while driving. A stronger incentive is the increased penalty for accidents caused by illegal cell phone use. If the accident causes great bodily harm or permanent disfigurement, the cell phone user is guilty of a Class A misdemeanor, carrying a possible jail term of less than one year and a fine of up to $2500. If the accident results in death, the crime is aggravated to a Class 4 felony, resulting in a sentence between one and three years.

Illinois Window Tinting and Obstruction Law Now In Force Everywhere

Home rule communities are those that have received the power, under the Illinois Constitution and from the Illinois General Assembly, to make decisions regarding laws and ordinances without the oversight of the state. Unless the state specifically reserves the power to regulate, that power lies with the home rule community.

One area home rule communities had the power to regulate was the tinting of passenger vehicles’ windows. However, effective in the New Year, window tinting enforcement must conform to the Illinois Vehicle Code’s standards. The standards prevent the addition of tint to the windshield in excess of six inches from the top, establish a maximum tint level allowed on manufacturer-tinted windows, and a myriad of others.

The window tint law is summarized with the following important points:

(1) On vehicles where none of the windows to the rear of the driver’s seat are treated in a manner that allows less than 30% light transmittance, a nonreflective tinted film that allows at least 50% light transmittance, with a 5% variance observed by any law enforcement official metering the light transmittance, may be used on the vehicle windows immediately adjacent to each side of the driver.

(2) On vehicles where none of the windows to the rear of the driver’s seat are treated in a manner that allows less than 35% light transmittance, a nonreflective tinted film that allows at least 35% light transmittance, with a 5% variance observed by any law enforcement official metering the light transmittance, may be used on the vehicle windows immediately adjacent to each side of the driver…

(4) On vehicles where a nonreflective smoked or tinted glass that was originally installed by the manufacturer on the windows to the rear of the driver’s seat, a
nonreflective tint that allows at least 50% light transmittance, with a 5% variance observed by a law enforcement official metering the light transmittance, may be used on the vehicle windows immediately adjacent to eachside of the driver.

It is important that drivers become familiar with the state law if they wish to add tint to their windows. The Law Offices of Thomas Glasgow, Ltd. was instrumental in getting this law changed throughout the State of Illinois. The hundreds of hours of pro bono work that the law offices and its attorneys did towards the change in the law corrected a fundamental unfairness and inconsistency in the law throughout the state.

Non-Violent First Time Offenders Offered Opportunity for “Second Chance Probation”

The Illinois judiciary has had the option to offer first-time offenders of certain drug related crimes a chance to plead guilty, be placed on two years’ probation, and get their records expunged if the terms of probation were met. This year, that list has been expanded to include instances of theft, destruction of property, and higher classes of possession charges.

Police Drone Surveying Rights 

Gov. Patrick J. Quinn signed Senate Bill 1587 in August, making Illinois the seventh state to regulate drones by allowing police to use them in a handful of situations.

It states that law enforcement agencies may only use non-piloted aerial vehicles if they have a search warrant; are trying to locate a missing person or photograph a crime scene; need to act quickly to prevent loss of life; or are trying to prevent a terrorist attack.

The information obtained under those circumstances must be destroyed within 30 days, with few exceptions. And police must disclose the total number of drones to the Illinois Criminal Justice Information Authority.

What This Means for You

Knowledge of the law can help you avoid arrest. In order to beat criminal charges, a Chicago criminal lawyer is vital. Navigating the criminal law process takes education, tenacity, and the experience to know what will not work, and what will work. With the new laws going into effect in January, there are more opportunities for trouble, but more opportunities to avoid stiff penalties and get life back on track. If you or someone you know has been charged with a crime in Illinois, do not hesitate. Contact an Illinois criminal justice attorney today.