Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

Neighborhood Services Act compromise finally reached June 2000 Illinois Law Update, Page 310 During one of the briefest legislative sessions in recent memory, the General Assembly ended a four-month controversy over whether illegally transporting firearms should be considered a felony or misdemeanor in Illinois.
Racial profiling study rejected; H.B. 3911 June 2000 Illinois Law Update, Page 310 House Bill 3911 required Illinois law enforcement officers to record information about the race of motorists who received traffic or warning citations.
Relevant Conduct and the Law of Conspiracy By David G. Duggan June 2000 Article, Page 351 The problems posed by the federal sentencing guidelines for defendants charged with liability for the criminal acts of others.
When reviewing whether an extended sentence falls within the 10-year period prescribed by the Unified Code of Corrections, the court looks at the date of the final sentencing order if the final sentencing order replaces an original sentencing order that has been revoked June 2000 Illinois Law Update, Page 310 Henry Bruce Lemons was convicted of burglary on February 26, 1985, and received a sentence of 18 months of probation.
1999 Illinois Supreme Court Criminal Review: Breathing Life into the Single-Subject Clause By James H. Reddy April 2000 Article, Page 218 The court decided fewer death-penalty cases than in the past and breathed life into the single-subject clause.
Excessive speeders slowed by Class A misdemeanor penalty ; P.A. 91-469 April 2000 Illinois Law Update, Page 196 Pursuant to Public Act 91-469, "[a] person who drives a vehicle ... at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit" commits a Class A misdemeanor.
New hearsay exception created for statements made by deceased declarants; P.A. 91-363 April 2000 Illinois Law Update, Page 196 Public Act 91-363 creates a new hearsay exception by adding section 115-10.4 to the Code of Criminal Procedure of 1963, 725 ILCS 5/100-1 et seq.
S.A.N.E. Program April 2000 Illinois Law Update, Page 196 On January 7, 2000, the Illinois Criminal Justice Information Authority ("Authority") adopted emergency amendments to the Illinois Administrative Code. 20 Ill Adm Code 1560.
Capital Crimes Litigation Trust Fund March 2000 Illinois Law Update, Page 128 On December 23, 1999, the Office of the Illinois State Treasurer adopted emergency rules to section 725 of the Illinois Administrative Code. 74 Ill Adm Code 725.
The Lawyer's Journal By Bonnie C. McGrath March 2000 Column, Page 124 Public defenders and legal malpractice; lawyers can commit UPL; and more.
General Assembly approves Gov. Ryan’s amendatory veto of eavesdropping law changes; P.A. 91-657 February 2000 Illinois Law Update, Page 68 P.A. 91-657 makes several changes to the eavesdropping sections of the Illinois Criminal Code, 720 ILCS 5/14-1 et seq. The act also closes a loophole and makes additional amendments.
The Lawyer's Journal By Bonnie McGrath February 2000 Column, Page 62 Banks and title insurance; fees for foiled FOIA requests; crafting affirmative action plans; and more.
Illinois attempts to keep drugs out of state January 2000 Illinois Law Update, Page 16 As of January 1, 2000, Illinois drivers who own or operate vehicles containing hidden compartments may be guilty of a Class C misdemeanor. Public Act 91-359 amends the Vehicle Code by making it illegal to own or operate a motor vehicle when a person knows the vehicle contains a false or secret compartment.
Illinois outlaws methamphetamine producing substances January 2000 Illinois Law Update, Page 16 Public Act 91-403 amends the Controlled Substances Act by making it unlawful to possess any methamphetamine-manufacturing chemical with the intent to manufacture meth.
The Lawyer's Journal By Bonnie McGrath January 2000 Column, Page 10 Losing the right to a jury trial — is it malpractice?
Animal cruelty now a felony in Illinois; P.A. 91-351 December 1999 Illinois Law Update, Page 636 Until recently, torturing animals was only a misdemeanor in Illinois. However, individuals who intentionally torture animals will now face up to three years in prison and will be forced to undergo psychological and psychiatric evaluations for a first offense.
The Lawyer's Journal By Bonnie McGrath December 1999 Column, Page 632 One new rule clarifies notice-of-appeal filings in criminal cases...
Definition of ``child'' expanded with regard to child pornography law; P.A. 91-229 November 1999 Illinois Law Update, Page 575 Public Act 91-229 expands the definition of ``child'' with regard to the offense of child pornography to include any material that conveys the impression that the [material] is of a person under the age of 18.
Healing Victims, Offenders and Communities: Restorative Justice By Cheryl Niro November 1999 Column, Page 568 One of the memories of my childhood is the day I had a fight with my best friend. Funny, I don't remember what caused the argument.
Illinois links the Internet to existing sex offense statutes November 1999 Illinois Law Update, Page 575 Governor George Ryan recently signed four pieces of legislation that amend existing sex offense statutes to more forcefully combat an increased number of Internet-related sex offenses.
Nonconsensual disclosure of identifying information on a pornographic Internet site is a felony; P.A. 91-222 November 1999 Illinois Law Update, Page 575 Governor George Ryan recently signed four pieces of legislation that amend existing sex offense statutes to more forcefully combat an increased number of Internet-related sex offenses.
Offense of indecent solicitation of a child is redefined ; P.A. 91-226 November 1999 Illinois Law Update, Page 575 Public Act 91-226 redefines the offense of indecent solicitation of a child to apply to additional incidents, including more Internet-related incidents.
Police questioning of a suspect leading to a subsequent arrest for DUI falls within the scope of the police community caretaking functions November 1999 Illinois Law Update, Page 575 On September 1, 1999, the third district of the Illinois Appellate Court reversed the trial court's decision to rescind the statutory summary suspension of the defendant's driver's license after the defendant was arrested for DUI.
Statewide grand jury permitted for certain computer facilitated sex offenses ; P.A. 91-225 November 1999 Illinois Law Update, Page 575 Public Act 91-225 permits the creation of a ``multicounty Statewide Grand Jury'' to ``investigate, indict, and prosecute'' certain sex offenses when they are facilitated by the use of a computer.
Domestic battery offender liable for child counseling ; P.A. 91-262 October 1999 Illinois Law Update, Page 521 Public Act 91-262 makes a domestic battery offender ``liable for the cost of any counseling required'' for a child under 18 years of age who ``was present and witnessed the domestic battery.''
Domestic battery penalties increased for prior domestic violence offenders ; P.A. 91-112 October 1999 Illinois Law Update, Page 521 Prior to Public Act 91-112, any first-time offense of domestic battery was a Class A misdemeanor, unless the offender previously violated an order of protection.
Healing and the Criminal Justice System By Cheryl Niro October 1999 Column, Page 512 I have had the opportunity to hear Attorney General Janet Reno speak several times in the past years.
Illinois enacts laws to further deter and combat domestic battery October 1999 Illinois Law Update, Page 521 Three pieces of legislation signed in July and August by Governor George Ryan are intended to further deter and combat domestic battery.
Offense of aggravated domestic battery created; P.A. 91-445 October 1999 Illinois Law Update, Page 521 Public Act 91-445 amends the Illinois Criminal Code of 1961, 720 ILCS 5/1-1 et seq., to create the offense of aggravated domestic battery.
Statute of limitations for certain sexual offenses extended; P.A. 91-475 October 1999 Illinois Law Update, Page 521 Public Act 91-475 extends the statute of limitations for certain sexual offenses by as much as nine years.
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