Publications

Illinois Bar Journal
Articles on Criminal Law and Procedure

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. 
Perspectives on death-penalty reform By Helen W. Gunnarsson July 2002 Lawpulse, Page 338 A prosecutor and criminal defense attorney react to the recommendations of Governor Ryan's Commission on Capital Punishment.
When police observe a possible drug transaction, stop the defendant and receive garbled answers to questions, police have probable cause to order defendant to remove items from his mouth July 2002 Illinois Law Update, Page 344 On April 18, 2002, the Supreme Court of Illinois reversed the decision of the appellate court and reinstated the defendant's drug conviction.
Defendant waived per se conflict with a knowing and intelligent waiver, even though his counsel’s firm represented a potential state witness at the time of the alleged criminal activity June 2002 Illinois Law Update, Page 288 On March 29, 2002, the Appellate Court of Illinois, First District, in this interlocutory proceeding, reversed the judgment of the trial court disqualifying defense counsel.
Legislation creates the criminal offense of dogfighting P.A. 92-0425 June 2002 Illinois Law Update, Page 288 Gov. Ryan signed into law House Bill 2440 on August 17, 2001, which amended the Humane Care for Animals Act and Criminal Code of 1961.
Legislation expands DNA testing P.A. 92-0040 June 2002 Illinois Law Update, Page 288 On June 29, 2001, Gov. Ryan signed House Bill 0452, which amends the Unified Code of Corrections.
Legislation increases the penalty for operating and maintaining an aircraft while under the influence of alcohol, drugs, or other controlled substances P.A. 92-0517 June 2002 Illinois Law Update, Page 288 On January 1, 2002, Gov. George H. Ryan signed into law Senate Bill 0647 to amend the Illinois Aeronautics Act, which increased the penalties for certain acts related to the operation and maintenance of an aircraft while under the influence of intoxicating liquor, a narcotic drug, or other controlled substances.
Repair or Repeal; Report of the Governor’s Commission on Capital Punishment By Thomas P. Sullivan June 2002 Article, Page 304 A summary by the commission co-chair of the most significant recommendations.
Availability of access to records of psychological treatment further narrowed May 2002 Illinois Law Update, Page 232 On February 22, 2002, the Illinois Supreme Court reversed the judgment of the appellate court in ruling that when a patient and his wife brought a malpractice action against a hospital and doctors, they did not place the patient's mental health at issue.
“Exculpatory no” doctrine is not an exception to criminal liability for obstruction of justice May 2002 Illinois Law Update, Page 232 On February 22, 2002, the Illinois Supreme Court reversed the appellate court and held that, in a criminal prosecution for obstruction of justice, the "exculpatory no" doctrine is not a defense to criminal liability.
A First Response to Apprendi: 2001 Illinois Supreme Court Criminal Law Survey By James H. Reddy May 2002 Article, Page 254 The justices addressed a few issues raised by the U.S. Supreme Court's Apprendi ruling, but many remain.
Statements about a willingness to cooperate were not part of plea negotiations because the defendant did not have a subjective expectation of negotiating a plea with police detective May 2002 Illinois Law Update, Page 232 On February 6, 2002, the Appellate Court of Illinois, Fourth District, allowed the admission of defendant Beler's statements, over a vehement dissent by a fellow judge.
Legislation amends Crime Victims Compensation Act P.A.92-0427 April 2002 Illinois Law Update, Page 176 In August 2001, Gov. George H. Ryan approved two pieces of legislation amending the Crime Victims Compensation Act.