Publications

Articles on Criminal Law and Procedure

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.

Legislation prohibits alcohol on public school property P.A. 92-0507

April
2002
Illinois Law Update
Page 176
Legislation recently signed into law by Gov. Ryan amends the Liquor Control Act of 1934 by providing that any person in possession of alcoholic liquor on public school district property during school days or at events on public school district property when children are present is guilty of a petty offense.

Once sufficient evidence establishes the affirmative defense of invitation, the burden shifts to the state to disprove the affirmative defense beyond a reasonable doubt

April
2002
Illinois Law Update
Page 176
On January 10, 2002, the Appellate Court of Illinois, Fourth District, reversed the defendant's conviction for criminal trespass to real property under 720 ILCS 5/21-3(a).

Electronic surveillance regulations updated

March
2002
Illinois Law Update
Page 120
On November 21, 2001, the Department of State Police (department) adopted several amendments to section 1295 of the Illinois Administrative Code. 20 Ill Adm Code 1295.

Illinois Constitution does not provide a witness with a privilege against self-incrimination where there is a potential criminal prosecution against him by a foreign sovereign

March
2002
Illinois Law Update
Page 120
On November 21, 2001, the Illinois Supreme Court reversed the appellate court's decision to grant a defendant's interlocutory appeal, holding that the Illinois Constitution does not provide a witness with a privilege against self-incrimination because of a potential criminal prosecution against him by a foreign sovereign.

Legislation permits sexual assault nurse examiners to perform examinations of sexual assault victims P.A. 92-514

March
2002
Illinois Law Update
Page 120
Legislation signed by Gov. Ryan in January amends the Sexual Assault Survivors Emergency Treatment Act to authorize sexual assault nurse examiners to perform examinations of sexual assault victims using a State Police Evidence Collection Kit (SPECK).

Legislation provides for funding of public defender salaries P.A. 92-508

March
2002
Illinois Law Update
Page 120
Legislation recently signed into law by Gov. George H. Ryan amends the Counties Code by requiring the state of Illinois to pay 66 2/3 percent of a public defender's annual salary in every county within the state.

Legislation reenacts portion of invalidated criminal law P.A. 92-502

March
2002
Illinois Law Update
Page 120
Gov. Ryan recently signed legislation reinstating the criminal law provisions of a law struck down by the Illinois Supreme Court in September of 2001.

Legislation turns a misdemeanor battery into a felony aggravated battery when committed in or near a domestic violence shelter P.A. 92-516

March
2002
Illinois Law Update
Page 120
In January, Gov. Ryan signed into law Senate Bill 175, which amended the Criminal Code of 1961 by making a misdemeanor offense of battery a felony offense of aggravated battery when the battery occurs in a building or other structure used to provide shelter or other services to domestic violence victims or the victims' dependent children.

Parents may be jailed for leaving child alone in a car P.A. 92-515

March
2002
Illinois Law Update
Page 120
Beginning June 1, 2002, parents may be subject to up to a year in jail or a $2,500 fine if they leave a child unattended in a car for an extended period of time.

Sex Offender Registration Act does not require juvenile offenders to register

March
2002
Illinois Law Update
Page 120
On December 21, 2001, the Appellate Court of Illinois, Second District, reversed the trial court's decision requiring a juvenile to register as a sex offender.

Legislation creates the crime of cyberstalking P.A. 92-199

February
2002
Illinois Law Update
Page 66
In August, Gov. Ryan signed into law Senate Bill 233, which amended the Criminal Code of 1961 by creating the criminal offense of cyberstalking.

Privacy Versus Cyber-Age Police Investigation; The Fourth Amendment in Flux

By Michele M. Jochner
February
2002
Article
Page 70
In last term's Kyllo decision, the Supreme Court restricted police power to use sense-enhancing technology. Here's an analysis of the decision and its implications.

Will prosecutors pass on the Sexually Dangerous Persons Act?

By Helen W. Gunnarsson
January
2002
LawPulse
Page 10
Because of a recent Illinois Supreme Court decision, more state's attorneys will pass up the Sexually Dangerous Persons Act in favor of criminal prosecution, a downstate prosecutor opines.

Correspondence from Our Readers

December
2001
Column
Page 614
Direct questioning by lawyers; the way it used to be.

Human research subjects protected

December
2001
Illinois Law Update
Page 624
On September 17, 2001, the Illinois Criminal Justice Information Authority (Authority) adopted additions to section 1580 of the Illinois Administrative Code. 20 Ill Adm Code 1580.

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