Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

Illinois Continues to Augment DUI Laws September 1999 Illinois Law Update, Page 460 Four pieces of legislation signed in mid-July by Governor George Ryan are the latest in a series of enactments augmenting the Illinois DUI law, 625 ILCS 5/11-501, and other DUI-related provisions.
The Lawyer's Journal By Bonnie McGrath September 1999 Column, Page 454 "Same part of the body'' rule update.
Reckless Homicide Sentencing Modified in Cases Involving Multiple Deaths and Alcohol or Drugs; PA 91-122 September 1999 Illinois Law Update, Page 460 Public Act 90-122 mandates a six- to 28-year prison term for a defendant found guilty of reckless homicide involving two or more deaths in a single course of conduct when the defendant is under the influence of alcohol or drugs.
Gunrunning that involves minors is a Class X felony; PA 91-13 August 1999 Illinois Law Update, Page 406 "Gunrunning'' constitutes the "violation of any of the paragraphs of section 24-3'' of the Illinois Criminal Code, 720 ILCS 5 et seq, when three or more firearms are transferred.
The Lawyer's Journal By Bonnie McGrath August 1999 Column, Page 402 Breach of fiduciary duty: A new application
Penalties enhanced for unlawful discharge or sale of firearms near schools; PA 91-12 August 1999 Illinois Law Update, Page 406 According to 720 ILCS 5/24-1.2, "aggravated discharge of a firearm'' is, inter alia, firing a gun at a person, or into a building or vehicle when the shooter knows it is occupied.
Providing certain minors with access to firearms is a misdemeanor; PA 91-18 August 1999 Illinois Law Update, Page 406 PA 91-18 will penalize a person who knowingly leaves a firearm where a minor under 14 years of age can access it if the minor later causes death or serious bodily harm with it.
Driving car and thereby providing passenger with escape from a crime scene is insufficient to convict driver of the charge on a theory of accountability where the driver had no knowledge of the passenger's intentions prior to the incident July 1999 Illinois Law Update, Page 351 On May 20, 1999, the Illinois Supreme Court reversed the judgment of the appellate and circuit courts and found insufficient evidence to convict the defendant of aggravated discharge of a firearm (720 ILCS 24/5; 1.2(a) (West 1994)) under a theory of accountability (720 ILCS 5/5-2 (West 1994)).
A Lawyer's Guide to Eavesdropping in Illinois By Celia Guzaldo Gamrath July 1999 Article, Page 362 Your client comes to you, Linda-Tripp style, with a tape-recorded conversation: What do you do? Read and find out.
The Lawyer's Journal By Bonnie McGrath July 1999 Column, Page 348 Different rulings on the same-part-of-the-body rule.
Anti-crime Proposals in the Legislature June 1999 Illinois Law Update, Page 304 As this issue went to press, the anti-crime bills proposed recently have received mixed support in the House and Senate.
The Lawyer's Journal By Bonnie McGrath June 1999 Column, Page 298 Guilty but mentally ill'' passes constitutional muster
1998 Illinois Supreme Court Criminal Law Survey: Tackling Guilty-Plea Appeals By James H. Reddy May 1999 Article, Page 268 The high court laid down the law last year on proper procedure in guilty-plea appeals and more.
The Lawyer's Journal By Bonnie McGrath May 1999 Column, Page 238 The high court revisits the single-subject rule.
The Lawyer's Journal By Bonnie McGrath April 1999 Column, Page 186 Offer, acceptance, consideration, and criminal law.
A Level Field for Death Penalty Cases By Timothy L. Bertschy April 1999 Column, Page 184 When Illinois re-enacted the death penalty in 1977, the General Assembly and the criminal justice system made a legal and moral commitment to the people of Illinois that, if executions take place in their name, they would be done right.
Drug-Aided Crimes (``Date Rape'' Drugs) — PA 90-735 March 1999 Illinois Law Update, Page 130 Sponsored by Senator Kirk W. Dillard, Public Act 90-735 makes it a battery to administer a controlled substance to a person without his or her consent, or by threat or deception, for non-medical purposes.
The Lawyer's Journal By Bonnie McGrath March 1999 Column, Page 126 The "Frye plus reliability'' standard.
Community Policing Volunteers—PA 90-651 February 1999 Illinois Law Update, Page 73 Mayor Richard Daley called for the passage of legislation to increase penalties for crimes committed against community policing volunteers.
Illinois law enforcement officers may obtain a blood sample from a driver who is in an adjoining state for medical care under a presumption that the driver was driving while intoxicated. February 1999 Illinois Law Update, Page 73 On November 19, 1998, the Illinois Supreme Court reversed the trial court's holding that section 11-501.1(a) of the Illinois Vehicle Code (625 ILCS 5/11-501.1(a) (West 1996)) .
The Lawyer's Journal By Bonnie McGrath February 1999 Column, Page 70 No retaliatory discharge claims for whistle-blowing lawyers...
The U.S. Supreme Court Expands Excessive Fines Clause Protection in Austin and Bajakajian By Michele M. Jochner February 1999 Article, Page 78 These two rulings give practitioners new ammunition with which to challenge civil and administrative fines and sanctions.
Lack of Remorse Versus Persistence of Innocence By Hon. Larry S. Vandersnick December 1998 Column, Page 692 Defendants can be sentenced more harshly when they refuse to express remorse -- even for crimes they insist they didn't commit.
The Lawyer's Journal By Bonnie McGrath December 1998 Column, Page 658 RICO and privacy and fraud (and family law), oh my!
Prior Order of Protection Violators Subject to Increased Domestic Battery Penalties; P.A. 90-734 December 1998 Illinois Law Update, Page 662 According to Public Act 90-734, domestic battery committed by a defendant with a prior conviction for violating an order of protection is a Class 4 felony.
Illinois Strengthens DUI Provisions Ignition Interlock Devices Authorized; PA 90-611 (Approved 7-1-98, effective 7-1-98) November 1998 Illinois Law Update, Page 596 Two recent acts stiffen repeat DUI penalties and expand the scope of DUI provisions.
Offense of Harassment Through Electronic Communication—PA 90-578 November 1998 Illinois Law Update, Page 596 Public Act 90-578 adds the offense of harassment through electronic communication to the Obscene Phone Call Act.
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