Illinois Bar Journal

Articles on Criminal Law and Procedure

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.

The Lawyer’s Journal

By Bonnie McGrath
December
1999
Column
Page 632
One new rule clarifies notice-of-appeal filings in criminal cases...

Definition of “child” expanded with regard to child pornography law; P.A. 91-229

November
1999
Illinois Law Update
Page 575
Public Act 91-229 expands the definition of ``child'' with regard to the offense of child pornography to include any material that conveys the impression that the [material] is of a person under the age of 18.

Healing Victims, Offenders and Communities: Restorative Justice

By Cheryl Niro
November
1999
Column
Page 568
One of the memories of my childhood is the day I had a fight with my best friend. Funny, I don't remember what caused the argument.

Illinois links the Internet to existing sex offense statutes

November
1999
Illinois Law Update
Page 575
Governor George Ryan recently signed four pieces of legislation that amend existing sex offense statutes to more forcefully combat an increased number of Internet-related sex offenses.

Nonconsensual disclosure of identifying information on a pornographic Internet site is a felony; P.A. 91-222

November
1999
Illinois Law Update
Page 575
Governor George Ryan recently signed four pieces of legislation that amend existing sex offense statutes to more forcefully combat an increased number of Internet-related sex offenses.

Offense of indecent solicitation of a child is redefined ; P.A. 91-226

November
1999
Illinois Law Update
Page 575
Public Act 91-226 redefines the offense of indecent solicitation of a child to apply to additional incidents, including more Internet-related incidents.

Police questioning of a suspect leading to a subsequent arrest for DUI falls within the scope of the police community caretaking functions

November
1999
Illinois Law Update
Page 575
On September 1, 1999, the third district of the Illinois Appellate Court reversed the trial court's decision to rescind the statutory summary suspension of the defendant's driver's license after the defendant was arrested for DUI.

Statewide grand jury permitted for certain computer facilitated sex offenses ; P.A. 91-225

November
1999
Illinois Law Update
Page 575
Public Act 91-225 permits the creation of a ``multicounty Statewide Grand Jury'' to ``investigate, indict, and prosecute'' certain sex offenses when they are facilitated by the use of a computer.

Domestic battery offender liable for child counseling ; P.A. 91-262

October
1999
Illinois Law Update
Page 521
Public Act 91-262 makes a domestic battery offender ``liable for the cost of any counseling required'' for a child under 18 years of age who ``was present and witnessed the domestic battery.''

Domestic battery penalties increased for prior domestic violence offenders ; P.A. 91-112

October
1999
Illinois Law Update
Page 521
Prior to Public Act 91-112, any first-time offense of domestic battery was a Class A misdemeanor, unless the offender previously violated an order of protection.

Healing and the Criminal Justice System

By Cheryl Niro
October
1999
Column
Page 512
I have had the opportunity to hear Attorney General Janet Reno speak several times in the past years.

Illinois enacts laws to further deter and combat domestic battery

October
1999
Illinois Law Update
Page 521
Three pieces of legislation signed in July and August by Governor George Ryan are intended to further deter and combat domestic battery.

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