Publications

Articles on Criminal Law and Procedure

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.

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.

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