New Laws

The following laws will go into effect on January 1, 2026 and impact Cook County’s Courts. They will primarily affect court operations and filing procedures, employee/ HR compliance mandates, technology and data reporting, access to justice forms, expected risk areas and resource needs, and fees, fines and revenue changes.

Eviction of Minors | Public Act 104-0317

• Amends the Eviction Article of the Code of Civil Procedure
• Eviction case will be dismissed and sealed if a minor is named as a defendant
  • Case dismissed in its entirety against all defendants, not just the minor defendant
  • Minor may be awarded damages
  • Court will not waive fees when the case is refiled naming proper adult defendants after dismissal
  • Mandatory sealing of the dismissed case file

Safety Tech (Firearm’s Serial #) | Public Act 104-0005

• Amends various statutes, including:
  • Criminal Identification Act
  • Illinois State Police Law of the Civil Administrative Code of Illinois
  • Firearm Owners Identification Card Act
• Illinois State Police (ISP) shall conduct an analysis of the cumulative data regarding:
  • Dispositions of cases involving a stolen firearm or a firearm with an obliterated serial number that was used or alleged to have been used in the commission of an offense.
• Clerks of Circuit Courts shall provide the ISP with the serial number or indicate that the serial number was obliterated, based on information provided by the State's Attorney’s Office at the time of disposition

Involuntary outpatient Treatment | Public Act 104-0217

• Amends the Mental Health and Developmental Disabilities Code
  • Gives the Circuit Court jurisdiction over involuntary admission on an outpatient basis.
• Amends the Clerks of Courts Act
  • Add a reporting requirement to circuit court clerks that the clerk will submit a report to the AOIC regarding the total number of petitions filed asserting that a person is subject to involuntary admission on an outpatient basis
  • This report needs to be filed with the AOIC no later than March 1, 2026 for the 2025 calendar year, and March 1 every year thereafter
  • Sunsetting on January 1, 2030

Seizure & Forfeiture Report | Public Act 104-0194

The Public Act changes the reporting requirement for law enforcement agencies. LEAs now must report any property seized within 60 days after December 31 of the year in which the LEA seized the property to the Illinois State Police. If the LEA did not seize any property during the year, it must report as such.

Additionally, the Public Act more specificity for the LEA’s report. For example, the new law requires the report to contain the race, sex, age, and residential zip code of the person the property was seized.

Creates a new reporting requirement on prosecuting entities. They shall start reporting seized property. Their report must contain: (1) police report number associated with the seizure; (2) forfeiture case number and venue; (3) the criminal case number, if applicable associated with the police report. And just as with the LEA, if the prosecuting authority did not seize any property during the year, it must report as such.

Small Estate Affidavit | Public Act 104-0346

• Allows heirs avoid to probate by using a simple form to transfer a decedent’s personal property
• Increases the amount that can be transferred through this form to $150,000
• Small Estate Affidavit form has been updated
• Form provided as a courtesy to the public
• Our office does not charge a filing fee for this form; does not store this form; does not record this form
• Public gets this form and uses it with third parties such as banks and insurance companies

Deed Verification | Public Act 104-0382

• Pertains to deed transfers, which are managed by the office of the Cook County Clerk
• Any person who knowingly files a fraudulent deed or instrument may be held liable to the rightful owner
• Codifies the private right of action, which previously existed

Warehouse Tornado Preparedness | Public Act 104-0262

• Requires operators of warehouses to prepare a tornado safety plan
• Requires inspectors to have new certifications

Unlawful Restrictive Covenant Modifications | Public Act 104-0187

• Prohibits county recorders from charging a fee for filing a modification to an unlawful restrictive covenant
• Bans charging a fee for any copies of records needed to support such a modification
• This law makes it easier (and free) for property owners or associations to remove illegal/discriminatory restrictive covenants from deeds

Victim safety electronics | Public Act 104-0171

• Prohibits employers from failing or refusing to hire a potential employee or to punish a current employee for using employer issued equipment to record a crime of violence committed against the employee, or family or household member as defined by the Act

Peremptory Challenges Jurors | Public Act 104-0298

• In cases tried by a Jury, the number of potential alternate jurors increased from 2 to 4

Eviction-criminal trespass | Public Act 104-0029

• Amends the Illinois Code of Civil Procedure
• Act ensures the civil path (evictions) doesn't undermine the criminal path (trespass enforcement)

Adoption Act | Public Act 104-0348

• Updates the NOTICE requirements for Petitioners in filing an adoption petition in Illinois

Public Defender Cook County | Public Act 104-0225

In Cook County, the Public Defender may act as attorney to noncitizens in immigration cases. 

Representation by the public defender in immigration cases is limited to:

• Cases arising or being heard in immigration courts located within the geographical boundaries of the county where the public defender has been appointed to office, and
• Unless the County Board authorizes the public defender to provide representation beyond those limits

Clean Slate Act

• Amends the Criminal Identification Act
• Automatic sealing for eligible offenses, arrests, and convictions
• Point forward: January 1, 2029
• Point retro: January 1, 2029 (three categories)
  • January 1, 2031 (2005-2029 files)
  • January 1, 2032 (1990-2005 files)
  • January 1, 2034 (1970-1990 files)