Publications

Articles on Criminal Law and Procedure

Dissemination of secret videotapes or photographs now a Class 4 felony P.A. 91-910

October
2000
Illinois Law Update
Page 563
Knowingly videotaping or photographing persons in locker rooms, changing rooms, or hotel bedrooms will soon be a Class A misdemeanor under a new amendment to the Criminal Code.

Impeaching Jury Verdicts for Juror Misconduct and Prejudicial Influence

By Hon. Denise M. O’Malley
October
2000
Article
Page 568
A judge's perspective on how courts do—and should—respond to alleged juror misconduct and prejudice.

The Lawyer’s Journal

By Bonnie C. McGrath
October
2000
Column
Page 560
The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.

Recent U.S. Supreme Court Fourth Amendment Rulings Expand Police Discretion

By Michele M. Jochner
October
2000
Article
Page 576
Far from drawing bright lines, these rulings have raised new uncertainties, this author argues.

Sex offender registration

October
2000
Illinois Law Update
Page 563
On June 19, 2000, the Illinois Department of State Police (department) adopted amendments and a new section to section 1280 of the Illinois Administrative Code. 20 Ill Adm Code 1280.

Sexual assault evidence may be released by health officials in new circumstances; P.A. 91-888

October
2000
Illinois Law Update
Page 563
Under a new Illinois law, sexual assault evidence collection kits may be released in an increased number of situations to facilitate prosecutions of alleged offenders.

Sexually Violent Persons Commitment Act amended; P.A. 91-875

October
2000
Illinois Law Update
Page 563
The number of persons considered "sexually violent" may increase as a result of recent changes to the Sexually Violent Persons Commitment Act.

Governor signs new law mandating the preservation of evidence, withholds authority to exercise amendatory veto P.A. 91-871

September
2000
Illinois Law Update
Page 500
The 91st General Assembly has taken a second major step toward ensuring criminal justice by requiring that physical evidence used to convict criminals be preserved for DNA and other testing in post-trial proceedings.

Enforcing Orders of Protection Across State Lines

By Celia Guzaldo Gamrath
August
2000
Article
Page 452
Is your client protected when she crosses state lines with an order of protection? Read and find out.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2000
Column
Page 434
You still have the right to remain silent; UPL and in-house counsel; and more.

Trial court did not improperly dismiss potential juror in death penalty case

August
2000
Illinois Law Update
Page 438
On June 15, 2000, the Illinois Supreme Court affirmed first degree murder, attempted murder, and armed robbery convictions against Paris D. Sims, as well as a death sentence ordered by the circuit court of St. Clair County.

Background checks for licensed exempt child care providers

July
2000
Illinois Law Update
Page 380
On April 5, 2000, the Illinois Department of Human Services adopted emergency amendments to section 50 of the Illinois Administrative Code. 89 Ill Adm Code 50.

The Illinois Whistleblower Reward and Protection Act and Its Qui Tam Provisions

By Tod A. Lewis
July
2000
Article
Page 392
Here's how to use this little-known statute, which allows private-sector whistleblowers to sue on behalf of the state and share any recovery.

The Lawyer’s Journal

By Bonnie C. McGrath
June
2000
Column
Page 308
Playing the child-support percentages; ADA news and views; please don't squeeze the luggage; and more.

Neighborhood Services Act compromise finally reached

June
2000
Illinois Law Update
Page 310
During one of the briefest legislative sessions in recent memory, the General Assembly ended a four-month controversy over whether illegally transporting firearms should be considered a felony or misdemeanor in Illinois.

Racial profiling study rejected; H.B. 3911

June
2000
Illinois Law Update
Page 310
House Bill 3911 required Illinois law enforcement officers to record information about the race of motorists who received traffic or warning citations.

Relevant Conduct and the Law of Conspiracy

By David G. Duggan
June
2000
Article
Page 351
The problems posed by the federal sentencing guidelines for defendants charged with liability for the criminal acts of others.

1999 Illinois Supreme Court Criminal Review: Breathing Life into the Single-Subject Clause

By James H. Reddy
April
2000
Article
Page 218
The court decided fewer death-penalty cases than in the past and breathed life into the single-subject clause.

Excessive speeders slowed by Class A misdemeanor penalty ; P.A. 91-469

April
2000
Illinois Law Update
Page 196
Pursuant to Public Act 91-469, "[a] person who drives a vehicle ... at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit" commits a Class A misdemeanor.

New hearsay exception created for statements made by deceased declarants; P.A. 91-363

April
2000
Illinois Law Update
Page 196
Public Act 91-363 creates a new hearsay exception by adding section 115-10.4 to the Code of Criminal Procedure of 1963, 725 ILCS 5/100-1 et seq.

S.A.N.E. Program

April
2000
Illinois Law Update
Page 196
On January 7, 2000, the Illinois Criminal Justice Information Authority ("Authority") adopted emergency amendments to the Illinois Administrative Code. 20 Ill Adm Code 1560.

Capital Crimes Litigation Trust Fund

March
2000
Illinois Law Update
Page 128
On December 23, 1999, the Office of the Illinois State Treasurer adopted emergency rules to section 725 of the Illinois Administrative Code. 74 Ill Adm Code 725.

The Lawyer’s Journal

By Bonnie C. McGrath
March
2000
Column
Page 124
Public defenders and legal malpractice; lawyers can commit UPL; and more.

General Assembly approves Gov. Ryan’s amendatory veto of eavesdropping law changes; P.A. 91-657

February
2000
Illinois Law Update
Page 68
P.A. 91-657 makes several changes to the eavesdropping sections of the Illinois Criminal Code, 720 ILCS 5/14-1 et seq. The act also closes a loophole and makes additional amendments.

The Lawyer’s Journal

By Bonnie McGrath
February
2000
Column
Page 62
Banks and title insurance; fees for foiled FOIA requests; crafting affirmative action plans; and more.

Illinois attempts to keep drugs out of state

January
2000
Illinois Law Update
Page 16
As of January 1, 2000, Illinois drivers who own or operate vehicles containing hidden compartments may be guilty of a Class C misdemeanor. Public Act 91-359 amends the Vehicle Code by making it illegal to own or operate a motor vehicle when a person knows the vehicle contains a false or secret compartment.

Illinois outlaws methamphetamine producing substances

January
2000
Illinois Law Update
Page 16
Public Act 91-403 amends the Controlled Substances Act by making it unlawful to possess any methamphetamine-manufacturing chemical with the intent to manufacture meth.

The Lawyer’s Journal

By Bonnie McGrath
January
2000
Column
Page 10
Losing the right to a jury trial — is it malpractice?

Animal cruelty now a felony in Illinois; P.A. 91-351

December
1999
Illinois Law Update
Page 636
Until recently, torturing animals was only a misdemeanor in Illinois. However, individuals who intentionally torture animals will now face up to three years in prison and will be forced to undergo psychological and psychiatric evaluations for a first offense.

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