statutory amendment creates presumption (Illinois) · Go Syfert
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statutory amendment creates presumption in Illinois

20 Illinois opinions name it 2 courts 1974–2025 5 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
People v. Hicksgreen
ill · 1987 · cited in 2 Illinois opinions naming this issue, 2016–2016
2 sentences

2016Citing case law that stands for the proposition that a statutory amendment creates a presumption that the legislature intended to change the law (People v. Hicks, 119 Ill. 2d 29, 34 (1987)), the City argues that these amendments reflect the General Assembly’s determination that a failure to provide a reasonable accommodation is a distinct species of civil rights violation that must be specifically enumerated in order to be proscribed.

2016Citing case law that stands for the proposition that a statutory amendment creates a presumption that the legislature intended to change the law (People v. Hicks, 119 Ill. 2d 29, 34 (1987)), the City argues that these amendments reflect the General Assembly’s determination that a failure to provide a reasonable accommodation is a distinct species of civil rights violation that must be specifically enumerated in order to be proscribed.

22
Hopkinson v. Chicago Transit Authoritygreen
illappct · 1991 · cited in 1 Illinois opinions naming this issue, 1991–1991
1 sentence

1991(Rivard v. Chicago Fire Fighters Union, Local No. 2 (1988), 122 Ill. 2d 303, 309 , 522 N.E.2d 1195, 1198 ; see Hopkinson, 211 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (19)

CaseCitedYears
People v. Stewart green
ill · 2022
2 sentences

2025Stewart, 2022 IL 126116, ¶ 20 .

2025People v. Stewart, 2022 IL 126116, ¶ 20 . ¶ 46 In considering whether the statutory change to the felony murder rule was procedural or substantive in Taylor, this court reasoned as follows: “In this case, the statutory change to the felony murder rule is not of a procedural nature.

42023–2025
Sanchez v. Access Associates neutral
illappct · 1989
2 sentences

1992Defendants also maintain that the 1987 amendment to section 13-203 does not affect the proper interpretation of its predecessor since a statutory amendment creates a presumption that the legislature intended the amendment to change the law as it formerly existed ( Sanchez v. Access Associates (1989), 179 Ill.App.3d 961, 966 , 128 Ill.Dec. 813 , 535 N.E.2d 27 ) and plaintiffs here did not overcome such presumption.

1992Defendants also maintain that the 1987 amendment to section 13 — 203 does not affect the proper interpretation of its predecessor since a statutory amendment creates a presumption that the legislature intended the amendment to change the law as it formerly existed (Sanchez v. Access Associates (1989), 179 Ill.

31990–1992
Caterpillar Tractor Co. v. Lenckos green
illappct · 1979
2 sentences

1983A statutory amendment creates a presumption that it was intended to change the former law. ( Caterpillar Tractor v. Lenckos (1979), 77 Ill.

1981A statutory amendment creates the presumption that the amendment is intended to change the former law (Caterpillar Tractor Co. v. Lenckos (1979), 77 Ill.

31981–1983
Rivard v. Chicago Fire Fighters Union, Local No. 2 green
ill · 1988
2 sentences

1991(Maiter v. Chicago Board of Education (1980), 82 Ill. 2d 373, 390 , 415 N.E.2d 1034 .) A statutory amendment creates a presumption of intent for prospective application where the change is “substantive” rather than “procedural.” (Rivard v. Chicago Fire Fighters Union, Local No. 2 (1988), 122 Ill. 2d 303, 309 , 522 N.E.2d 1195, 1198 .) The presumption can be rebutted by either the express language of the Act or by necessary implication drawn from the Act itself.

1991(Maiter v. Chicago Board of Education (1980), 82 Ill. 2d 373, 390 , 415 N.E.2d 1034 .) A statutory amendment creates a presumption of intent for prospective application where the change is “substantive” rather than “procedural.” (Rivard v. Chicago Fire Fighters Union, Local No. 2 (1988), 122 Ill. 2d 303, 309 , 522 N.E.2d 1195, 1198 .) The presumption can be rebutted by either the express language of the Act or by necessary implication drawn from the Act itself.

21991–1991
Maiter v. Chicago Board of Education green
ill · 1980
2 sentences

1991Those courts recognized that prospective application of a statute is preferred (Maiter v. Chicago Board of Education (1980), 82 Ill. 2d 373, 390 , 415 N.E.2d 1034 ) and a statutory amendment creates a presumption of intent for prospective application where the change is substantive and not procedural.

1991Those courts recognized that prospective application of a statute is preferred (Maiter v. Chicago Board of Education (1980), 82 Ill. 2d 373, 390 , 415 N.E.2d 1034 ) and a statutory amendment creates a presumption of intent for prospective application where the change is substantive and not procedural.

21991–1991
People v. Miles green
illappct · 2020
2 sentences

2023July 1, 2021)). ¶ 18 While recognizing “a statutory amendment creates a presumption that it was intended to change existing law,” the Illinois Supreme Court indicated the presumption is not controlling in this situation because of the conflict over how section 5-4.5-95(b) should be interpreted between the First District’s decision in People v. Miles, 2020 IL App (1st) 180736 , 170 N.E.3d 984 , and this court’s prior and now vacated decision in this case.

2023July 1, 2021)). ¶ 18 While recognizing “a statutory amendment creates a presumption that it was intended to change existing law,” the Illinois Supreme Court indicated the presumption is not controlling in this situation because of the conflict over how section 5-4.5-95(b) should be interpreted between the First District’s decision in People v. Miles, 2020 IL App (1st) 180736 , 170 N.E.3d 984 , and this court’s prior and now vacated decision in this case.

12023–2023
Carey v. Elrod green
ill · 1971
1 sentence

2022Id. at 299 (citing Parker, 123 Ill. 2d at 211 ).

12022–2022
People v. Parker green
ill · 1988
1 sentence

2022Id. at 299 (citing Parker, 123 Ill. 2d at 211 ).

12022–2022
Old Ben Coal Co. v. Human Rights Commission green
illappct · 1986
1 sentence

2016Id. at 306 .

12016–2016
Potts v. Industrial Commission green
ill · 1980
2 sentences

1996Hession v. Illinois Department of Public Aid, 129 Ill. 2d 535 , 544 N.E.2d 751 (1989); Potts v. Industrial Comm’n, 83 Ill. 2d 48 , 413 N.E.2d 1285 (1980).

1996Hession v. Illinois Department of Public Aid, 129 Ill. 2d 535 , 544 N.E.2d 751 (1989); Potts v. Industrial Comm’n, 83 Ill. 2d 48 , 413 N.E.2d 1285 (1980).

11996–1996
Hession v. Illinois Department of Public Aid green
ill · 1989
2 sentences

1996Hession v. Illinois Department of Public Aid, 129 Ill. 2d 535 , 544 N.E.2d 751 (1989); Potts v. Industrial Comm’n, 83 Ill. 2d 48 , 413 N.E.2d 1285 (1980).

1996Hession v. Illinois Department of Public Aid, 129 Ill. 2d 535 , 544 N.E.2d 751 (1989); Potts v. Industrial Comm’n, 83 Ill. 2d 48 , 413 N.E.2d 1285 (1980).

11996–1996
Bruni v. Department of Registration & Education green
ill · 1974
2 sentences

1992Bruni v. Department of Registration & Education (1974), 59 Ill.2d 6, 12 , 319 N.E.2d 37 .

1992Bruni v. Department of Registration & Education (1974), 59 Ill. 2d 6,12 .

11992–1992
Weast Construction Co. v. Industrial Commission green
ill · 1984
2 sentences

1986(Weast Construction Co. v. Industrial Com. (1984), 102 Ill. 2d 337, 340 , 466 N.E.2d 215, 216 .) However, this presumption may be overcome.

1986(Weast Construction Co. v. Industrial Com. (1984), 102 Ill. 2d 337, 340 , 466 N.E.2d 215, 216 .) However, this presumption may be overcome.

11986–1986
People v. Davis neutral
illappct · 1981
1 sentence

1983App.3d 90 , 395 N.E.2d 1167 , aff'd (1981), 84 Ill.2d 102 , 417 N.E.2d 1343 ; People v. Davis (1981), 95 Ill.

11983–1983
Caterpillar Tractor Co. v. Lenckos green
ill · 1981
2 sentences

1983App.3d 90 , 395 N.E.2d 1167 , aff'd (1981), 84 Ill.2d 102 , 417 N.E.2d 1343 ; People v. Davis (1981), 95 Ill.

1983App.3d 90 , 395 N.E.2d 1167 , aff'd (1981), 84 Ill.2d 102 , 417 N.E.2d 1343 ; People v. Davis (1981), 95 Ill.

11983–1983
Chicago & Illinois Midland Railway Co. v. Department of Revenue green
ill · 1976
2 sentences

1979Co. v. Department of Revenue (1976), 63 Ill. 2d 474 , 349 N.E.2d 22 ), it becomes clear that the former law did not provide for such a deduction, even impliedly.

1979Co. v. Department of Revenue (1976), 63 Ill. 2d 474 , 349 N.E.2d 22 ), it becomes clear that the former law did not provide for such a deduction, even impliedly.

11979–1979
Lubezny v. Ball neutral
ill · 1945
1 sentence

1974(Lubezny v. Ball, 389 Ill. 263 .) And these subsequent acts of the General Assembly may be amendments to the act being construed.- (Modern Dairy Co. v. Department of Revenue, 413 Ill. 55 .) The plaintiff contends, however, that a statutory amendment creates a presumption that it was intended to change the law, citing Scribner v. Sachs, 18 Ill.2d 400 , and argues that since the 1967 amendment to the Medical Practice Act authorizes revocation of license for conviction of a Federal felony the prior provisions of the Act did not.

11974–1974
Modern Dairy Co. v. Department of Revenue green
ill · 1952
1 sentence

1974(Lubezny v. Ball, 389 Ill. 263 .) And these subsequent acts of the General Assembly may be amendments to the act being construed.- (Modern Dairy Co. v. Department of Revenue, 413 Ill. 55 .) The plaintiff contends, however, that a statutory amendment creates a presumption that it was intended to change the law, citing Scribner v. Sachs, 18 Ill.2d 400 , and argues that since the 1967 amendment to the Medical Practice Act authorizes revocation of license for conviction of a Federal felony the prior provisions of the Act did not.

11974–1974
Scribner v. Sachs green
ill · 1960
1 sentence

1974(Lubezny v. Ball, 389 Ill. 263 .) And these subsequent acts of the General Assembly may be amendments to the act being construed.- (Modern Dairy Co. v. Department of Revenue, 413 Ill. 55 .) The plaintiff contends, however, that a statutory amendment creates a presumption that it was intended to change the law, citing Scribner v. Sachs, 18 Ill.2d 400 , and argues that since the 1967 amendment to the Medical Practice Act authorizes revocation of license for conviction of a Federal felony the prior provisions of the Act did not.

11974–1974

Statutes the citing opinions construe

USC § 42u.s.c.2000e (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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