Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

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.
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.