Publications

Articles on Criminal Law and Procedure

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.

Offense of aggravated domestic battery created; P.A. 91-445

October
1999
Illinois Law Update
Page 521
Public Act 91-445 amends the Illinois Criminal Code of 1961, 720 ILCS 5/1-1 et seq., to create the offense of aggravated domestic battery.

Statute of limitations for certain sexual offenses extended; P.A. 91-475

October
1999
Illinois Law Update
Page 521
Public Act 91-475 extends the statute of limitations for certain sexual offenses by as much as nine years.

Illinois Continues to Augment DUI Laws

September
1999
Illinois Law Update
Page 460
Four pieces of legislation signed in mid-July by Governor George Ryan are the latest in a series of enactments augmenting the Illinois DUI law, 625 ILCS 5/11-501, and other DUI-related provisions.

The Lawyer’s Journal

By Bonnie McGrath
September
1999
Column
Page 454
"Same part of the body'' rule update.

Reckless Homicide Sentencing Modified in Cases Involving Multiple Deaths and Alcohol or Drugs; PA 91-122

September
1999
Illinois Law Update
Page 460
Public Act 90-122 mandates a six- to 28-year prison term for a defendant found guilty of reckless homicide involving two or more deaths in a single course of conduct when the defendant is under the influence of alcohol or drugs.

Gunrunning that involves minors is a Class X felony; PA 91-13

August
1999
Illinois Law Update
Page 406
"Gunrunning'' constitutes the "violation of any of the paragraphs of section 24-3'' of the Illinois Criminal Code, 720 ILCS 5 et seq, when three or more firearms are transferred.

The Lawyer’s Journal

By Bonnie McGrath
August
1999
Column
Page 402
Breach of fiduciary duty: A new application

Penalties enhanced for unlawful discharge or sale of firearms near schools; PA 91-12

August
1999
Illinois Law Update
Page 406
According to 720 ILCS 5/24-1.2, "aggravated discharge of a firearm'' is, inter alia, firing a gun at a person, or into a building or vehicle when the shooter knows it is occupied.

Providing certain minors with access to firearms is a misdemeanor; PA 91-18

August
1999
Illinois Law Update
Page 406
PA 91-18 will penalize a person who knowingly leaves a firearm where a minor under 14 years of age can access it if the minor later causes death or serious bodily harm with it.

Driving car and thereby providing passenger with escape from a crime scene is insufficient to convict driver of the charge on a theory of accountability where the driver had no knowledge of the passenger’s intentions prior to the incident

July
1999
Illinois Law Update
Page 351
On May 20, 1999, the Illinois Supreme Court reversed the judgment of the appellate and circuit courts and found insufficient evidence to convict the defendant of aggravated discharge of a firearm (720 ILCS 24/5; 1.2(a) (West 1994)) under a theory of accountability (720 ILCS 5/5-2 (West 1994)).

A Lawyer’s Guide to Eavesdropping in Illinois

By Celia Guzaldo Gamrath
July
1999
Article
Page 362
Your client comes to you, Linda-Tripp style, with a tape-recorded conversation: What do you do? Read and find out.

The Lawyer’s Journal

By Bonnie McGrath
July
1999
Column
Page 348
Different rulings on the same-part-of-the-body rule.

Anti-crime Proposals in the Legislature

June
1999
Illinois Law Update
Page 304
As this issue went to press, the anti-crime bills proposed recently have received mixed support in the House and Senate.

The Lawyer’s Journal

By Bonnie McGrath
June
1999
Column
Page 298
Guilty but mentally ill'' passes constitutional muster

1998 Illinois Supreme Court Criminal Law Survey: Tackling Guilty-Plea Appeals

By James H. Reddy
May
1999
Article
Page 268
The high court laid down the law last year on proper procedure in guilty-plea appeals and more.

The Lawyer’s Journal

By Bonnie McGrath
May
1999
Column
Page 238
The high court revisits the single-subject rule.

The Lawyer’s Journal

By Bonnie McGrath
April
1999
Column
Page 186
Offer, acceptance, consideration, and criminal law.

A Level Field for Death Penalty Cases

By Timothy L. Bertschy
April
1999
Column
Page 184
When Illinois re-enacted the death penalty in 1977, the General Assembly and the criminal justice system made a legal and moral commitment to the people of Illinois that, if executions take place in their name, they would be done right.

Drug-Aided Crimes (``Date Rape” Drugs) — PA 90-735

March
1999
Illinois Law Update
Page 130
Sponsored by Senator Kirk W. Dillard, Public Act 90-735 makes it a battery to administer a controlled substance to a person without his or her consent, or by threat or deception, for non-medical purposes.

The Lawyer’s Journal

By Bonnie McGrath
March
1999
Column
Page 126
The "Frye plus reliability'' standard.

Community Policing Volunteers—PA 90-651

February
1999
Illinois Law Update
Page 73
Mayor Richard Daley called for the passage of legislation to increase penalties for crimes committed against community policing volunteers.

Illinois law enforcement officers may obtain a blood sample from a driver who is in an adjoining state for medical care under a presumption that the driver was driving while intoxicated.

February
1999
Illinois Law Update
Page 73
On November 19, 1998, the Illinois Supreme Court reversed the trial court's holding that section 11-501.1(a) of the Illinois Vehicle Code (625 ILCS 5/11-501.1(a) (West 1996)) .

The Lawyer’s Journal

By Bonnie McGrath
February
1999
Column
Page 70
No retaliatory discharge claims for whistle-blowing lawyers...

The U.S. Supreme Court Expands Excessive Fines Clause Protection in Austin and Bajakajian

By Michele M. Jochner
February
1999
Article
Page 78
These two rulings give practitioners new ammunition with which to challenge civil and administrative fines and sanctions.

Lack of Remorse Versus Persistence of Innocence

By Hon. Larry S. Vandersnick
December
1998
Column
Page 692
Defendants can be sentenced more harshly when they refuse to express remorse -- even for crimes they insist they didn't commit.

The Lawyer’s Journal

By Bonnie McGrath
December
1998
Column
Page 658
RICO and privacy and fraud (and family law), oh my!

Prior Order of Protection Violators Subject to Increased Domestic Battery Penalties; P.A. 90-734

December
1998
Illinois Law Update
Page 662
According to Public Act 90-734, domestic battery committed by a defendant with a prior conviction for violating an order of protection is a Class 4 felony.

Illinois Strengthens DUI Provisions Ignition Interlock Devices Authorized; PA 90-611 (Approved 7-1-98, effective 7-1-98)

November
1998
Illinois Law Update
Page 596
Two recent acts stiffen repeat DUI penalties and expand the scope of DUI provisions.

Offense of Harassment Through Electronic Communication—PA 90-578

November
1998
Illinois Law Update
Page 596
Public Act 90-578 adds the offense of harassment through electronic communication to the Obscene Phone Call Act.

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