Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

Interstate compact for adult offenders P.A. 92-0571 March 2003 Illinois Law Update, Page 116 The Interstate Compact for Adult Offender Supervision provides for the control and regulation of the interstate movement offenders, the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states.
Section 6-16(c) of Illinois Liquor Control Act of 1934, which subjects individual to criminal liability for allowing persons under 21 to leave his or her residence after consuming alcohol, is unconstitutionally vague on its face March 2003 Illinois Law Update, Page 116 On December 5, 2002, the Illinois Supreme Court affirmed the circuit court and held that section 6-16(c) of the Liquor Control Act of 1934, 235 ILCS 5/6-16(c), was unconstitutionally vague on its face.
Changes to penalties for heroin possession P.A. 92-0698 February 2003 Illinois Law Update, Page 62 Effective July 19, 2002, amendments to the Illinois Controlled Substances Act provide that the illegal manufacture.
Defendant's mental retardation a relevant factor in determining whether statements made prior to custody and absent police misconduct voluntarily made February 2003 Illinois Law Update, Page 62 On November 8, 2002, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County denying the defendant's motion to suppress statements made before the defendant was in custody and absent police misconduct.
Delinquency fees for unpaid court costs P.A. 92-0653 February 2003 Illinois Law Update, Page 62 Recent amendments to the Code of Criminal Procedure provide that, absent a court-ordered payment schedule.
Legislation creates offense of sexual conduct or sexual contact with animal and increases potential sentence for defendants who commit criminal offense of aggravated criminal sexual assault with dangerous weapon P.A. 92-0721 February 2003 Illinois Law Update, Page 62 On July 25, 2002, Gov. George H. Ryan signed into law House Bill 4926, which amends the Criminal Code of 1961 to do two separate things.
Legislation prohibits knowingly installing any object in lieu of vehicle's air bag; P.A. 92-0809 February 2003 Illinois Law Update, Page 62 On August 21, 2002, Gov. George H. Ryan signed into law House Bill 4353, which amends the Criminal Code of 1961 to create the new criminal offense of knowingly installing any object in lieu of an air bag in a vehicle for compensation.
Legislation provides sentencing ranges for violations of Boat and Snowmobile Safety Acts; P.A. 92-0615 February 2003 Illinois Law Update, Page 62 On July 8, 2002, Gov. Ryan approved legislation amending the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act.
Multiple-murder sentencing statute violates proportionate penalties clause of Illinois Constitution when juvenile defendant convicted of two counts of first-degree murder based on accountability February 2003 Illinois Law Update, Page 62 On November 21, 2002, the Illinois Supreme Court affirmed the trial court and concluded that, as applied to this juvenile defendant, the multiple-murder sentencing statute violated the proportionate penalties clause in article I, §11 of the Illinois Constitution.
Should Criminal Defendants be Required to Produce Handwriting Exemplars? By David G. Duggan February 2003 Article, Page 86 No, this author says.
Blind plea, blind justice? By Helen W. Gunnarsson January 2003 Lawpulse, Page 8 Capital murder trials put a strain on county budgets, which has led to second-class justice in some cases, critics charge. But improvements in the capital litigation system are making a difference.
Child abduction statute and jury instructions did not require jury to consider mother's knowledge of child's whereabouts in determining father's guilt; trial court did not abuse discretion in not providing jury with common definition of word "concealed" January 2003 Illinois Law Update, Page 14 On October 22, 2002, the Appellate Court of Illinois, First District, affirmed the order of the circuit court of Cook County convicting the defendant of child abduction.
Code of Criminal Procedure Section 110-4(b) unconstitutional under article I, section 9 of Illinois Constitution January 2003 Illinois Law Update, Page 14 On October 3, 2002, the Illinois Supreme Court held section 110-4(b) of the Code of Criminal Procedure, 725 ILCS 5/110-4(b), unconstitutional because it violated the guarantee of due process in article I, section 9 of the Illinois Constitution.
Conviction of defendant for DUI after stop at roadblock set up to gather information about hit and run accident reversed because police did not have individualized suspicion to stop defendant January 2003 Illinois Law Update, Page 14 On October 18, 2002, the Illinois Supreme Court held that the defendant's Fourth Amendment rights were violated when the police stopped him at a roadblock created to gather information about a hit and run accident .
Legislation requires members of clergy to report sexual abuse of children under Abused and Neglected Child Reporting Act P.A. 92-0801 January 2003 Illinois Law Update, Page 14 On August 16, 2002, Gov. George H. Ryan signed into law House Bill 5002, which amends the Abused and Neglected Child Reporting Act (ANCRA) and the Criminal Code of 1961.
Department of Human Services employees added to victims of aggravated assault and battery P.A. 92-0841 December 2002 Illinois Law Update, Page 634 On August 22, 2002, Gov. George H. Ryan signed into law Senate Bill 2030, which amends the Criminal Code of 1961 to include employees of the Department of Human Services (DHS) among the victims of aggravated assault or battery.
Legislation creates the criminal offense of conspiracy against civil rights and amends sentences for hate crime offenses and institutional vandalism offenses P. A. 92-0830 December 2002 Illinois Law Update, Page 634 On August 22, 2002, Gov. George H. Ryan signed into law House Bill 0136, which amends the Criminal Code of 1961 by creating the criminal offense of conspiracy against civil rights.
Legislation prohibits child sex offenders from knowingly residing within 500 feet of victim's residence P. A. 92-0828 December 2002 Illinois Law Update, Page 634 On August 22, 2002, Gov. George H. Ryan signed into law House Bill 5874, which amends the Criminal Code of 1961 by providing that a child sex offender may not knowingly reside within 500 feet of the victim of the offense.
Under section 11-14(a) of Criminal Code, which defines prostitution, both erotic dancing that involves specific physical contact and touching through clothing are prohibited conduct December 2002 Illinois Law Update, Page 634 On September 4, 2002, the Appellate Court of Illinois, Second District, affirmed the order of the circuit court of Lake County convicting the defendants of soliciting for a prostitute and prostitution.
Circuit court cannot summarily dismiss a defendant's post-conviction petition as untimely during first stage of post-conviction proceedings November 2002 Illinois Law Update, Page 584 On August 29, 2002, the Illinois Supreme Court addressed whether a circuit court could summarily dismiss as untimely a defendant's post-conviction petition at the first stage of post-conviction proceedings.
Legislation cracks down on domestic abuse, sexual abuse and stalking P.A. 92-0827 November 2002 Illinois Law Update, Page 584 On August 22, 2002, Gov. George H. Ryan signed law enforcement legislation that amends several provisions of the Criminal Code of 1961 (code).
Legislation mandates DNA testing for felons P.A. 92-0829 November 2002 Illinois Law Update, Page 584 On August 22, 2002, Gov. Ryan also signed into law a bill requiring convicted felons to submit DNA samples to state police.
Community caretaking role of police does not provide reasonable suspicion sufficient to conduct a Terry stop or to seize drug evidence September 2002 Illinois Law Update, Page 454 On June 17, 2002, the Appellate Court of Illinois, Fourth District, modified its decision and reversed the defendant's conviction for possession of a controlled substance (cocaine) with intent to deliver because the court ruled in favor of suppressing the only evidence of the defendant's guilt.
Legislation creates a mechanism for juveniles being prosecuted as adults to petition the judge to transfer the case back to the juvenile court system P. A. 92-0665 September 2002 Illinois Law Update, Page 454 On July 16, 2002, Gov. George H. Ryan signed into law House Bill 4129, which amends the Juvenile Court Act of 1987.
Defendant cannot be tried for reckless homicide after pleading guilty to reckless driving because of double jeopardy issues August 2002 Illinois Law Update, Page 402 On June 6, 2002, the Appellate Court of Illinois, Second District, reversed the decision of the Circuit Court of Lake County and concluded that the prosecution violated double jeopardy when it charged the defendant with reckless homicide after he previously pled guilty to reckless driving.
Defendant's statements during a routine traffic stop were properly suppressed when police officer did not have independent reasonable suspicion to ask about the items in the car August 2002 Illinois Law Update, Page 402 On May 24, 2002, the Appellate Court of Illinois, Second District, affirmed the decision of the Circuit Court of DuPage County and held that certain statements the defendant made as to ownership of items in his vehicle were properly suppressed by the trial court.
In a murder case, when the age of the victim is proven beyond a reasonable doubt, the trial judge may consider aggravating factors in determining an appropriate sentence without violating Apprendi August 2002 Illinois Law Update, Page 402 On June 6, 2002, the Illinois Supreme Court upheld the defendant's extended-term sentence imposed by the trial court pursuant to section 5-8-2(a)(1) of the Unified Code of Corrections, 730 ILCS 5/5-8-2(a)(1) (1994).
Bill requiring DNA samples awaits Ryan's signature By Helen W. Gunnarsson July 2002 Lawpulse, Page 338 Prosecutors and criminal defense attorneys alike praise the legislation, which requires everyone convicted of a felony to provide DNA for a statewide database.
A criminal defendant's guilty plea at trial waives all Apprendi-based sentencing challenges on appeal July 2002 Illinois Law Update, Page 344 On April 18, 2002, the Illinois Supreme Court affirmed the decision of the appellate court and affirmed the defendant's extended-term sentence.
Legislation makes changes to criminal laws involving computer technology P.A. 92-0175 July 2002 Illinois Law Update, Page 344 New legislation signed into law by Gov. George H. Ryan helps in the fight against the spread of child pornography on the Internet and identifies the crime of cyberstalking. Public Act 92-0175 mandates the forfeiture of any computer containing a depiction of child pornography in any encoded or decoded format. 
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