Illinois has seen the passage of a few new laws in 2020, including two new traffic violations that could lead to some serious legal trouble.

Scott’s Law, as well as a law surrounding watching videos while driving, are two traffic violations that are now far more serious than they were before. Here’s what you need to know about these laws and how to ensure you don’t break them.

Scott’s Law

Scott’s Law, also called the “Move Over” Law, was named in honor of a Chicago Firefighter who was hit and killed by a drunk driver while working a crash site on the expressway. Now, by law, you must do a few things when approaching a stationary emergency vehicle with its warning lights flashing, such as:

• Slow down
• Move to another lane
• Reduce speed if changing lanes is unsafe
• Drive with extreme caution

Furthermore, when you are approaching a construction area on a highway, you must also:

• Slow down
• Yield or change lanes away from workers or authorized vehicles in the area
• Discontinue using any wireless devices

This law applies to any official vehicle displaying warning lights, and all motorists must now move over when coming upon disabled or stopped vehicles.

Penalties for Violating Scott’s Law in Illinois

If you violate this law, then you will — at minimum — face a fine for up to $250 the first time and $750 the second. If you violate the law and it results in the death or injury of another person, then you will be charged with a Class 4 felony, which can result in up to three years in prison and fines of as much as $25,000.

Distracted Driving

The other traffic violation that could lead to harsher penalties is distracted driving or, more specifically, watching a video as you drive.

You may be wondering who in the world is watching a video while they drive, but the truth is that with the ease of use of streaming services such as YouTube, it’s become a problem that the Illinois legislature had to address.

It is already illegal in Illinois for drivers under 18 to use a phone in any way when behind the wheel. For those over 18, phones can only be used in hands-free mode or by using a wireless earpiece. Additionally, if you watch videos or television while driving, it can lead to some serious legal issues if caught.

For a first offense, a fine of $75 will be assessed. It increases by $25 each time it is assessed until you get to a third offense, where $150 must be paid that time and every time after.

You may think those penalties don’t seem too harsh, but remember, if you get into an accident because you’re distracted by your phone, you can face much harsher penalties, including suspension of your driver’s license if you have too many points from traffic violations, as well as possible felony charges for aggravated use of an electronic communication device.

Traffic laws exist for a reason. Most of the time, they come about due to tragic accidents that could have been avoided if the law had been in place, such as Scott’s Law. It’s the duty of citizens to abide by these laws when behind the wheel. Remember, driving isn’t a right, it’s a privilege. That means it can be taken away if it’s abused.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Any felony-level charge is quite serious, as felonies carry lengthy prison sentences and restrictions to your freedom even after your sentence has been served and your case is closed.

However, there is an even more serious class of felony, known in the state of Illinois as forcible felonies. Offenders of this type are considered an immediate threat to the public.

Therefore, in order to protect potential future victims, offenders convicted of forcible felonies face a considerable number of restrictions. For example, a forcible felony offender faces additional restrictions on employment, and may even be prohibited from living in certain locations that are close to schools or parks.

Although these laws are well-intentioned, they also keep former offenders from maintaining gainful employment, leaving them with no choice but to return to a life of crime. Studies have shown that well-paid employment dramatically reduces recidivism rates.

In this interest, Illinois has recently revised the laws that dictate the restrictions placed upon prior offenders, which may allow some former offenders to become productive members of society with gainful employment, therefore reducing the chance of re-offending.

Below we take a look at what, exactly, constitutes a forcible felony, and some of the restrictions faced by those convicted of this type of offense. Finally, we discuss recent changes in Illinois laws that lift some of the restrictions placed on forcible felons.

How Illinois Defines a “Forcible Felony”

Under Illinois law, a forcible felony is a felony offense that involves the use of, or threat of, physical force to another person. Even if no violence actually occurred in the commission of the offense, the offense may still be considered a forcible felony based on the threat of force. Importantly, this includes convictions for attempted forcible felonies.

Common examples of forcible felonies include:

• First-degree murder
• Second-degree murder
• Attempted murder
• Intentional homicide of an unborn child
• Voluntary manslaughter of an unborn child
• Drug-induced homicide
• Kidnapping
• Unlawful restraint
• Compelling organizational membership of persons
• Involuntary servitude
• Human trafficking
• Aggravated battery
• Home invasion
• Forcible detention
• Causing a catastrophe
• Armed robbery
• Aggravated robbery

• Arson
• Vehicular hijacking
• Terrorism
• Possession of a deadly substance
• Making a terrorist threat, or falsely making a terrorist threat
• Material support for terrorism
• Boarding or attempting to board an aircraft with a weapon
• Armed violence
• Sexual assault
• Criminal sexual assault of a child
• Treason

An Illinois Forcible Felony Conviction Impinges on Your Freedom

Remember, if you are convicted of a forcible felony, you are considered a danger to society. Therefore, you will be subjected to a number of restrictions intended to keep vulnerable people out of harm’s way.

For example, you will be prohibited from working in places where children are often present, such as schools and parks. You may also be prohibited from living within a certain distance of these locations. Until recently, you weren’t even able to obtain a health care worker license, either, which is required for most healthcare-related jobs.

(More on that in a bit.)

Additionally, persons convicted of any felony may apply for conditional firearms licenses after 10 years if there is no further criminal activity, if you were convicted of a forcible felony, it’s unlikely that you’ll ever be allowed to possess a firearm again.

All of this is to say that if you have a forcible felony conviction, your freedoms will be significantly reduced long after your sentence is complete. Perhaps the most detrimental consequences are the restrictions on employment, which often prevent former offenders from earning a living wage.

Recent Changes in Illinois Law

Recidivism rates are quite high in Illinois. Around 30,000 inmates are released from Illinois prisons each year. Among them, nearly half will return within three years based on new offenses committed after release.

The reasons behind recidivism are complex, but many former offenders commit crimes again because they are otherwise unable to earn a living to support their families.

Therefore, it’s common sense that giving former offenders more opportunities to earn a legitimate living could dramatically decrease recidivism rates.

Under new bipartisan legislation, some employment restrictions may be lifted from prior offenders, including, in some cases, forcible felons.

As mentioned above, until recently anyone convicted of a forcible felony was prohibited from applying for a health care license. Under the new legislation, those convicted of a forcible felony at least five years ago are eligible for a health care license so long as there has been no further criminal activity since the conviction. However, forcible felonies with required sex offender registration or committed against a patient still disqualify prior offenders from obtaining a license.

The bottom line is that lawmakers are increasingly moving towards providing more opportunity for former offenders so that they can become productive members of society.

This is good news not only for those who have a criminal record but also for the criminal justice system and society as a whole.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

For many people who have immigrated to the United States, permanent residency is a big step toward the path to citizenship. Once an individual has been classified a legal permanent resident, he or she has officially been granted authorization to live and work in the United States indefinitely. This generally means that he or she no longer has to fear deportation, because the individual is officially and securely recognized as belonging in the United States.

That is, of course, unless the permanent resident is convicted of a crime.

What Types of Crimes Could Result in Deportation?

[clickToTweet tweet=”Permanent residency comes with its share of legal protection against deportation, this protection has a limit.” quote=”Although permanent residency comes with its share of legal protection and defense against deportation, this protection has a limit.”]

According to the Immigration and Nationality Act, there are three types of crimes that can put an individual at risk of deportation:

1. Aggravated felonies Aggravated felonies are complicated when it comes to legal residents, because sometimes crimes that would otherwise only be considered misdemeanors get bumped up to felonies when deportation is on the line. A crime may be considered a felony for these purposes if it results in one year of jail time. Of course, the usual aggravated felonies (e.g., murder, sexual assaults, drug trafficking, etc.), would count here as well.
2. Crimes of moral turpitude Crimes of moral turpitude include intentional theft, fraud, the intentional infliction of harm, malice, lewdness, and the intent to harm people or things. Because there is no set list of crimes that qualify as “crimes of moral turpitude,” these types of crimes can be especially problematic when they involve permanent residents and the threat of deportation. Usually, it is ultimately left up to the court to decide whether or not a crime can be considered one of moral turpitude.
3. Violations of controlled substances laws, domestic battery, violations of an order of protection, and firearms offenses Some of these crimes may also fall under the “aggravated felonies” or “crimes of mural turpitude” umbrellas, but these particular crimes are ones that are named explicitly in the Immigration and Nationality Act.

Clearly, some of these laws are extremely problematic, particularly those that fall under the first two groups – aggravated felonies and crimes of moral turpitude. Because these categories are so vague, there is a huge amount of leeway when it comes to the charges and possible convictions that result from them. If a person is charged with crimes falling under either of those categories, a long and involved legal battle may result.

What Can be Done?

Deportation proceedings are just as serious, if not more so, than the average court proceeding involving a legal U.S. citizen. The process can be just as long and involved, and in a deportation case, it is not just one person’s life on the line—families may be torn apart, and livelihoods may suffer.

Lives that families have spent years building may be at risk of crashing down as a result of one deportation case. Even if the trial does not result in deportation, the defendant and his or her family must still suffer the aftereffects that come with any long legal process—fines, exhaustion, possible work penalties, and of course the bad mark on your personal and professional record that can make it difficult to find work, housing, or even secure a loan.

Luckily, there are steps that can be taken to keep the process as painless as possible and to ensure that a legal permanent resident is permitted to stay in the country.

If a legal permanent resident is charged with a crime that leads to deportation proceedings, it is possible for a number of factors to clear his name. For instance, the length of his residency in the United States or the testimony of any close relatives who are U.S. citizens may prevent his deportation.

However, neither of these is guaranteed to result in a positive outcome. The court may consider these two factors, but the prosecution will also present additional evidence to the court which may overshadow these two things.

The most important step in a deportation case is for a defendant to equip himself with a knowledgeable attorney who has experience in these kinds of cases. Deportation cases have far too much riding on them to risk going them alone. Having a smart lawyer at your side is absolutely imperative.

If you may be facing deportation as a result of a crime, do not hesitate. Contact an experienced criminal attorney who is trained in handling these cases and is willing to fight for your rights.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.