Subject Index Criminal Law and Procedure

The Illinois General Assembly amended the Stalking No Contact Order Act to clarify the types of conduct presumed to cause emotional distress and to refine the definition of stalking.

On Sept. 29, 2025, the First District of the Illinois Appellate Court held that a defendant who entered a fully negotiated guilty plea cannot, absent a withdrawal of the plea agreement, add presentence program credits that were not part of the agreement.

On Aug. 26, 2025, the Fourth District of the Illinois Appellate Court held that a mistake about eligibility for an extended term does not convert a negotiated plea into an open plea.

On July 30, 2025, the Fourth District of the Illinois Appellate Court held that there is an abuse of discretion where the trial court erred in excluding testimony as cumulative.

The Illinois General Assembly amended the Criminal Code. The law now requires law enforcement to trace all seized firearms if they were unlawfully possessed, used for an unlawful purpose, recovered from a crime scene, or suspected of being used in a crime. 

On June 25, 2025, the Second District of the Illinois Appellate Court held that a defendant waives their demand for a speedy trial by failing to appear for any court date, even after the speedy-trial period has run.

On June 5, 2025, the Illinois Supreme Court held that an aggregate sentence is not a de facto life sentence when the defendant is eligible for parole.

On April 24, 2025, the Illinois Supreme Court held that a conviction for attempted first-degree murder requires proof of intent to kill without lawful justification.

The Illinois General Assembly amended the Criminal Code of 2012, the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Under the Code, if a judgment is withheld, the plea, verdict, sentence, or finding of guilt is no longer considered a conviction under Illinois law unless and until judgment is entered.

The Illinois General Assembly amended the Criminal Identification Act. Illinois State Police and local law enforcement authorities must now automatically seal the law enforcement records that relate to an individual’s class 4 felony conviction for prostitution when the individual’s file becomes eligible for expungement under applicable law.

On Dec. 21, 2024, the First District of the Illinois Appellate Court held that presenting new witness testimony may qualify as “newly discovered evidence.”

On March 7, 2025, the Fourth District of the Illinois Appellate Court held that prosecuting a criminal defendant for “solely malicious” reasons does not fall outside the scope of prosecutorial discretion.

On Feb. 7, 2025, the First District of the Illinois Appellate Court held that the Armed Habitual Criminal (AHC) statute does not violate the Second Amendment.

On Feb. 21, 2025, the Fourth District of the Illinois Appellate Court held that the doctrine of forfeiture by wrongdoing applies when the defendant prevents a victim from speaking to police about ongoing abuse.

On Jan. 23, 2025, the Second District of the Illinois Appellate Court held that pretrial release sanctions are not exceptions to the County Jail Good Behavior Allowance Act.

On Dec. 17, 2024, the Fourth District of the Illinois Appellate Court held that a victim owed restitution may pursue contempt actions in a criminal proceeding.

On Nov. 21, 2024, the Illinois Supreme Court held that under the Pretrial Fairness Act, the state is not required to disprove every condition that could mitigate safety threats posed by a defendant to deny pretrial release.

On Nov. 22, 2024, the First District of the Illinois Appellate Court held that eyewitness testimony is insufficient to hold a defendant guilty of murder when the testimony runs risk of errors according to modern social science research.

On Nov. 21, 2024, the Illinois Supreme Court held the state violates due process by prosecuting a defendant after previously dismissing charges through nolle prosequi as part of a binding agreement that the defendant performed.

On Dec. 3, 2024, the First District of the Illinois Appellate Court held that photographs showing marks and swelling are insufficient to show physical abuse but can indicate excessive corporal punishment.

On Oct. 18, 2024, the Illinois Supreme Court held that the state does not need independent corroborating evidence when a defendant admits to only one element of an offense.

On Oct. 3, 2024, the Illinois Supreme Court held that a grand jury indictment should not be dismissed unless the defendant can show “actual and substantial” prejudice that unequivocally infringed on due-process rights.

On Sept. 20, 2024, the First District of the Illinois Appellate Court held that the state must demonstrate more than just the defendant’s presence in a vehicle where a weapon was found to establish knowledge for convictions of unlawful use of a weapon.

On Sept. 19, 2024, the Illinois Supreme Court held that the odor of burnt cannabis alone is insufficient for probable cause to conduct a warrantless search.

On Aug. 14, 2024, the Fifth District of the Illinois Appellate Court held that if a defendant waives their Miranda rights, the fact finder has the right to observe the defendant’s nonverbal behavior during a video-recorded confession.