Subject Index Criminal Law and Procedure

Defendants in detention but arrested prior to the SAFE-T Act taking effect must have the option to stand on terms of original pretrial conditions

February
2024
Illinois Law Update
, Page 14
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.

No abuse of discretion where trial court denies pretrial release in compliance with Code of Criminal Procedure

February
2024
Illinois Law Update
, Page 14
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.

Sentencing provision does not change classification of intentional homicide of an unborn child to murder

January
2024
Illinois Law Update
, Page 16
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.

Contradictory evidence may support a criminal conviction; armed habitual criminal statute is constitutional

December
2023
Illinois Law Update
, Page 16
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.

Defendant’s presence near a crime scene is not sufficient to justify a Terry stop

December
2023
Illinois Law Update
, Page 16
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.

One-act, one-crime doctrine is not violated when jury is aware it must find the defendant guilty of separate acts

December
2023
Illinois Law Update
, Page 16
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.

Certain gang database evidence not admissible 

November
2023
Illinois Law Update
, Page 18
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.

Plaintiffs can have additional person present to video record discovery examinations; certain parties in wrongful death actions entitled to preference in setting for trial 

November
2023
Illinois Law Update
, Page 18
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.

A guilty plea by an innocent petitioner does not categorically prohibit the issuance of a certificate of innocence

October
2023
Illinois Law Update
, Page 14
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.

Illinois judicial committees help to usher in the SAFE-T Act era.

By Amelia Buragas
October
2023
LawPulse
, Page 10
Illinois attorneys begin preparing for the end of cash bail.

SAFE-T Act does not violate Illinois Constitution because Constitution does not mandate use of monetary bail

October
2023
Illinois Law Update
, Page 14
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.

Cash Out

By Amelia Buragas
September
2023
LawPulse
, Page 10
Illinois attorneys begin preparing for the end of cash bail.

Court’s 90-day deadline to review postconviction petition begins from date petition is docketed

August
2023
Illinois Law Update
, Page 14
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.

Defendant did not knowingly fail to comply with electronic home monitoring because “residence” is ambiguous with regard to multi-unit buildings

July
2023
Illinois Law Update
, Page 16
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.

Definition of “unable to give knowing consent” under the Criminal Code expanded

July
2023
Illinois Law Update
, Page 16
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.

Presumption of reasonable assistance of postconviction counsel rebutted when counsel did not comply with Illinois Supreme Court Rule 651(c)

July
2023
Illinois Law Update
, Page 16
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.

Your Witness, Their Client?

By Charles Golaszewski
July
2023
Article
, Page 24
Per se conflicts of interest when an attorney represents the defendant and has connections to a prosecution witness.

A public place of accommodation or amusement does not extend to the curtilage of an apartment to enhance a simple battery to an aggravated battery

June
2023
Illinois Law Update
, Page 16
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.

For the Defense

By Pete Sherman
May
2023
LawPulse
, Page 10
Illinois Supreme Court task force seeks to address disparities in public defense.

Trial court may only consider whether newly discovered evidence rebuts in second-stage proceedings under the Post-Conviction Hearing Act

May
2023
Illinois Law Update
, Page 14
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.

Statute criminalizing unlawful firearm possession by gang members constitutional

April
2023
Illinois Law Update
, Page 16
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.

Trial court erroneously barred testimony on contents of search warrant leading to defendant’s arrest where exclusion caused inference of “predetermined guilt”

April
2023
Illinois Law Update
, Page 16
On Jan. 30, 2023, the First District of the Illinois Appellate Court held that excluding contents of a warrant in a defendant’s armed habitual criminal trial constituted an abuse of discretion where it caused an inference of predetermined guilt.

Trial court should consider arresting officer’s reports under Illinois Vehicle Code in assessing grounds for belief of driver being under influence of alcohol

April
2023
Illinois Law Update
, Page 16
On Jan. 20, 2023, the Second District of the Illinois Appellate Court held that an arresting officer’s official reports were admitted into evidence once they were filed, although the defendant neither stipulated nor chose to utilize the reports in his case.

Court’s failure to comply with Illinois Supreme Court Rule 401 before allowing defendant to represent himself at trial is an invalid waiver of counsel under plain-error doctrine

March
2023
Illinois Law Update
, Page 20
On Dec. 19, 2022, the Second District of the Illinois Appellate Court held that a court’s failure to follow Illinois Supreme Court Rule 401(a)-(b) before allowing the defendant to proceed pro se at trial amounted to an invalid waiver of counsel.

Online filing now available for various domestic orders; remote hearing availability expanded

March
2023
Illinois Law Update
, Page 20
The Illinois General Assembly amended the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986. A petition for a protective order, stalking no-contact order, and civil no-contact order may now be filed online and in person.

Possession of burglary tools crime expanded

March
2023
Illinois Law Update
, Page 20
The Illinois General Assembly amended the Criminal Code of 2012. It is now unlawful for a person with the intent to enter a motor vehicle and commit a felony or theft to possess a device designed to unlock or start a motor vehicle without the vehicle’s key.

Pending Bail

By Amelia Buragas
February
2023
LawPulse
, Page 10
The elimination of monetary bail in Illinois is in limbo as the reform awaits action by the Illinois Supreme Court this spring.

Task force to reduce violence against Chicago women and girls created

February
2023
Illinois Law Update
, Page 16
The Illinois General Assembly enacted the Task Force on Missing and Murdered Chicago Women Act. The Act creates a task force to provide the General Assembly recommendations to reduce and end violence against Chicago women and girls.

The names of prior convictions should not be admitted when the defendant is willing to stipulate to the prior convictions as qualifying for an armed habitual criminal charge

January
2023
Illinois Law Update
, Page 14
On Oct. 17, 2022, the Second District of the Illinois Appellate Court held that where a defendant is willing to stipulate to prior convictions that qualify the defendant to be charged as an armed habitual criminal, the names of those convictions should not be admitted.

Offense committed by a 17-year-old defendant does not qualify for class X sentence

January
2023
Illinois Law Update
, Page 14
On Oct. 20, 2022, the Illinois Supreme Court held that a defendant’s first felony committed at 17 years old was not a qualifying offense for class X sentencing.

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