The State Laws of Illinois

Disclaimer:

Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation.

Illinois Abortion Laws

Within the state of Illinois, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Illinois state legislation expresses a variety of stipulations with regard to a legal abortion process:

• Statutory Definition of Illegal Abortion in Illinois: Use of any instrument or drug to terminate pregnancy; an intention other than to increase the probability of a live birth

• Statutory Definition of Legal Abortion in Illinois: If fetus nonviable and abortion necessary to preserve mother’s health, M.D. must certify non-viability; if fetus is viable, abortion must be medically necessary to preserve life or health of mother

• Penalty for Unlawful Abortion: Fine to $1,000 and/or imprisonment 3 to 7 years for M.D. (Class 2 felony); if fetus could have survived with or without support and M.D. does not use method to keep it alive: Class 3 felony.

Illinois Marijuana Laws

• Possession: Under 2.5 g.: Class C misdemeanor; 2.5-10 g.: Class B misdemeanor; 10-30 g.: Class A misdemeanor; 30-500 g: Class 4 felony; 500-2,000 g.: Class 3 felony; 2,000-5,000 g.: class 2 felony; > 5,000 g.: class 1 felony; Subsequent offense: 10-30 g.:Class 4 felony; 30-500 g.: Class 3 felony; Producing plants: 1-5: Class A misdemeanor; 5-20: Class 4 felony; 20-50: Class 3 felony; Over 50: Class 2 felony with fine up to $100,000

• Sale: Under 2.5 g.: Class B misdemeanor; 2.5-10 g.: Class A misdemeanor; 10-30 g.: Class 4 felony; 30-500 g.: Class 3 felony and up to $50,000 fine; 500-2,000 g.: Class 2 felony for which a fine not to exceed $100,000 may be imposed; 2,000-5,000 g.: class 1 felony and up to $150.000; >5,000 g.: class X felony and up to $200,000; Enhanced penalties for sale to person 3 yrs. junior or on school grounds

• Trafficking: Over 2500 g. is trafficking: penalties are double after sale

Illinois DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Illinois:

• Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Illinois, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

• The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

• In Illinois, there currently exist no supplementary penalties incurred due to BAC levels exceeding the expressed, legal limit

• Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Illinois, law enforcement agents are permitted to act in accordance with implied consent laws

• Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time; penalties can range upwards of 1 year in addition to the installation of an ignition interlock device

Illinois Gun Laws

• A state permit is required to purchase both handguns and long guns in Illinois

• Firearm registration is not required

• Illinois does not uphold any laws on assault weapons

• Owner license is required for both handguns and long guns

• NFA weapons are restricted in Illinois

Illinois Adoption Laws

• Any child; any adult residing in home for 2 years or a relative may be adopted

• Consent is required for children 14 years and older

• Who may adopt: Any reputable person of legal age who has resided continually in Illinois for at least 6 months. Residency requirement waived in adoption of relative. If petitioner is married, husband or wife must join in petition. Minor may also petition by leave of court upon good cause shown.

Illinois Employment and Labor Laws

• Within the state of Illinois, the minimum wage is 7 dollars and 15 cents awarded per hour of labor

• State Holidays are listed as: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas - Veteran’s Day, Martin Luther King, Jr.'s Birthday, and President’s Day result in the closing of public institutions only upon the decision set forth by the local board of trustees and government

• Within the state of Illinois, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Illinois Divorce Laws

Within the state of Illinois, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

• A divorce must be filed subsequent to 60 days residence within the state of Illinois; in the event that an individual –or individuals – were married in Illinois and lived there on a continuous basis, a time constraint for filing does not exist

• ‘No Fault’ divorce does exist on the grounds of irreconcilable differences

Illinois Death Penalty Laws

• Illinois permits capital punishment

• Minimum age is 18

• Treason and homicide are the laws that may permit capital punishment

• Lethal injection is the primary method of execution

Illinois Gambling Laws

• Horse Racing/Off-track betting is legal for only pari-mutuel wagering and licensed individuals

• Riverboat gambling allowed upon any navigable stream other than Lake Michigan, except within counties with population in excess of 3 million.

Illinois Child Laws

Within the state of Illinois, the following stipulations with regard to child laws and child custody are recognized:

• Joint custody is permitted

• The rights implied within grandparental visitation are recognized

• The wishes of any or all children involves are taken into consideration with regard to a custody decision