On Jan. 23, 2024, the Fourth District of the Illinois Appellate Court held that defendants have the right to be physically present at pretrial release hearings.

On Dec. 29, 2023, the Illinois Supreme Court held that evidence of voluntary intoxication may be considered when evaluating a defendant’s mental state for specific-intent offenses.

The Illinois General Assembly amended the Criminal Code of 2012. Prosecutions based upon fraudulent activity related to COVID-19 relief programs must be commenced either: 1) within five years after the discovery of the offense by an individual having a legal duty to report the offense; or 2) in the absence of such discovery, within five years after the appropriate prosecuting officer becomes aware of the offense.

The Illinois General Assembly amended the Criminal Code of 2012. The amendments removed all references related to the imposition of a death sentence.

The Illinois General Assembly amended the Code of Criminal Procedure of 1963. The amendment establishes a rebuttable presumption that child victims under the age of 13 shall testify outside of the courtroom and the testimony shall be shown via closed-circuit television (CCTV).

The Illinois General Assembly amended the Criminal Identification Act. Trafficking victims may now petition for vacation and expungement of their record in addition to immediate sealing of their record.

On Nov. 21, 2023, the Fifth District of the Illinois Appellate Court held that the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act forbids reimposing monetary bond for pretrial release unless the defendant accepts monetary bond as part of their original bond terms.

On Nov. 9, 2023, the Fifth District of the Illinois Appellate Court held that a defendant arrested before the SAFE-T Act became effective and who remains in detention after being ordered released subject to pretrial conditions must be allowed to stand on those original terms.

On Nov. 17, 2023, the Fourth District of the Illinois Appellate Court held that there is no abuse of discretion when trial courts comply with requirements of the Illinois Code of Criminal Procedure and make findings based upon the record.

On Oct. 19, 2023, the Illinois Supreme Court held sentencing provision section 9-1.2(d) of the Criminal Code of 1961 does not change the classification of intentional homicide of an unborn child to murder.

On Sept. 25, 2023, the First District of the Illinois Appellate Court held that contradictory evidence may support a criminal conviction and the armed habitual criminal statute is constitutional.

On Sept. 15, 2023, the First District of the Illinois Appellate Court held that a defendant’s mere presence near the scene of a crime does not create the necessary “reasonable suspicion” to conduct a Terry stop.

On Sept. 12, 2023, the Second District of the Illinois Appellate Court held the one-act, one-crime doctrine is not violated when there is sufficient evidence of separate acts.

The Illinois General Assembly amended the Code of Criminal Procedure of 1963. In criminal cases, evidence is not admissible if it only indicates that a person was or is merely present on a gang database.

The Illinois General Assembly amended the Code of Civil Procedure so that whenever the defendant in any litigation in Illinois has the right to demand a physical or mental examination of the plaintiff in a civil lawsuit, the plaintiff has the right to designate an additional person to be present and video record the examination.

On July 18, 2023, the Illinois Supreme Court held that a guilty plea by an innocent petitioner does not categorically prohibit the issuance of a certificate of innocence.

On July 18, 2023, the Illinois Supreme Court held that the Illinois Constitution does not mandate the use of monetary bail and that the SAFE-T Act, which eliminates cash bail, does not violate the Illinois Constitution.

On May 24, 2023, the First District of the Illinois Appellate Court held that a postconviction petition was properly dismissed because it was ruled on within 90 days of docketing.

On April 7, 2023, the First District of the Illinois Appellate Court found that a defendant did not knowingly violate his electronic home monitoring (EHM) detention program conditions that required he remain within his “residence” because the term was ambiguous regarding multi-unit buildings.

The Illinois General Assembly amended the Criminal Code of 2012 to expand the definition of “unable to give knowing consent.” The definition originally included instances where the accused administered an intoxicating, anesthetic, or controlled substance to the victim.

On April 20, 2023, the Illinois Supreme Court held that postconviction counsel’s failure to shape a defendant’s claims into proper form was a violation of Illinois Supreme Court Rule 651(c), which rebutted the presumption of reasonable assistance of counsel and necessitated remand.

On March 23, 2023, the Illinois Supreme Court held that the curtilage of the home is not a “public place of accommodation” under section 12-3.05(c) of the Criminal Code to enhance a simple battery offense to aggravated battery.

On Feb. 2, 2023, the First District of the Illinois Appellate Court held that in a second-stage proceeding for postconviction relief under the Post-Conviction Hearing Act, a court may only consider whether newly discovered evidence rebuts the postconviction petitioner’s trial record when assessing its credibility under an actual-innocence claim.

On Jan. 20, 2023, the Illinois Supreme Court held that a statute criminalizing the unlawful possession of a firearm by street gang members does not violate the Eighth and 14th amendments of the U.S. Constitution.