Illinois Bar Journal

Articles on Criminal Law and Procedure

Mandatory minimum sentence increased for domestic battery - PA 093-0809

June
2005
Illinois Law Update
Page 280
Effective on January 1, 2005, in addition to any other sentencing alternatives for a second or subsequent conviction for domestic battery, an individual will be automatically sentenced to a minimum of 72 consecutive hours in prison.

Criminal records relating to certain offenses may be sealed PA 093-1084

May
2005
Illinois Law Update
Page 232
The State has authorized the sealing of certain criminal records of adults and of minors who were prosecuted as adults

Failure to argue self-defense as part of litigation strategy does not constitute ineffective assistance of counsel

May
2005
Illinois Law Update
Page 232
On March 8, 2005, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Champaign County, convicting the defendants on counts of aggravated battery, resisting a police officer, and obstructing a police officer.

No statutory right to refuse chemical testing for DUI

May
2005
Illinois Law Update
Page 232
On February 3, 2005, the Illinois Supreme Court reversed the decisions of both the appellate and circuit courts, which granted the defendant's motion to suppress the results of his blood and urine tests. 

Defense counsel must strictly comply with requirements of SCR 604(d) motion

April
2005
Illinois Law Update
Page 170
On February 15, 2005, the Illinois Appellate Court, Second District, reversed and remanded the Circuit Court of Kane County's decision rejecting the defendant's Supreme Court Rule 604(d) motion.

Illinois criminalizes the use of audio-visual recording equipment to tape movies inside movie theaters PA 093-0804

April
2005
Illinois Law Update
Page 170
Effective immediately, any person who knowingly operates an audiovisual recording function on a device where a motion picture is being exhibited, without permission from the owner or lessee of the exhibition facility and of the licensor of the motion picture being exhibited, is guilty of criminal use of a motion picture exhibition facility.

Illinois Supreme Court Criminal 2004: Consensus and Clarification

By Evelyn G. Baniewicz
April
2005
Article
Page 182
Four-fifths of the court's criminal law decisions were without dissent, and only four were death-penalty appeals.

“Other-crimes” evidence is admissible to show defendant’s intent and lack of mistake

April
2005
Illinois Law Update
Page 170
On January 21, 2005, the Illinois Supreme Court found that the circuit court did not abuse its discretion in admitting the evidence in question and upheld the appellate court's affirmance of the convictions.

Sentencing guidelines: mandatory no more

By Helen W. Gunnarsson
April
2005
LawPulse
Page 162
The U.S. Supreme Court shook up federal criminal practice by ruling in Booker/Fanfanthat sentencing guidelines are advisory only. Not surprisingly, many questions remain.

Correspondence from Our Readers

March
2005
Column
Page 106
Search and Seizure and the Illinois Constitution 

Investigators in capital cases may obtain criminal information on potential witnesses PA 093-1011

March
2005
Illinois Law Update
Page 116
Effective January 1, 2005, the State Appellate Defender may hire investigators to provide investigative services to appointed counsel and county public defenders. 

Searching the passenger compartment of a vehicle is lawful regardless of whether the suspect is arrested on probable cause or on a civil warrant

March
2005
Illinois Law Update
Page 116
On December 23, 2004, the Illinois Appellate Court, Fourth District, affirmed the Circuit Court of Adam County's decision denying the defendant's motion to suppress incriminating evidence found in his vehicle during a search incident to his arrest. 

State criminalizes assisting with credit applications when help is contingent on surrendering or placing a child for adoption PA 093-1063

March
2005
Illinois Law Update
Page 116
Effective in June, individuals will not be able to take certain actions that are dependent on a second person taking action with regard to child care arrangements.

Amended insanity defense does not violate the equal protection clause of the Illinois Constitution

February
2005
Illinois Law Update
Page 68
On November 19, 2004, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Du Page County, denying the defendant's motion for a new trial and sentencing him to jail for 45 years.

Recent Miranda Rulings Complicate an Already Complex Standard

By Kerry J. Bryson
February
2005
Article
Page 76
Last year, the US. and Illinois Supreme Courts issued Miranda opinions – and the issue remains as confusing as ever.

More individuals protected from potential harassment by criminal defendants PA 093-0818

January
2005
Illinois Law Update
Page 14
The Criminal Code has been amended to protect additional individuals from harassment when they are or were expected to testify in a legal proceeding. 

Testimony that could be reasonably accepted by a trial court should not be rejected

January
2005
Illinois Law Update
Page 14
On October 7, 2004, the Illinois Supreme Court overturned the appellate court's reversal of the circuit court's conviction. 

Appointed counsel can withdraw from post conviction proceedings for lack of meritorious issues

December
2004
Illinois Law Update
Page 620
On September 23, 2004, the Illinois Supreme Court affirmed the judgments of the appellate and circuit courts which granted counsel's motion to withdraw. 

Capital Punishment Reform and the Illinois Supreme Court: at the Forefront of Change

By Judge Michael P. Toomin
December
2004
Article
Page 642
The supreme court had already implemented some of the reforms later recommended by the Ryan commission, this author notes.

Probation in combination with imprisonment deemed acceptable punishment for offenders admitted into a drug court program P.A. 093-1014

December
2004
Illinois Law Update
Page 620
In an effort to advance both the rehabilitation of criminal offenders and public protection, the Illinois Unified Code of Corrections (IUCC) has been amended to assert that a term of imprisonment in combination.

Filmmaker charged under eavesdropping statute

By Helen W. Gunnarsson
November
2004
LawPulse
Page 562
A filmmaker who taped police without their consent is charged under the Illinois Eavesdropping Statute.

A plea agreement cannot be rejected for lack of timeliness unless the defendant has been given advance notice of a deadline

November
2004
Illinois Law Update
Page 568
On August 11, 2004, the Illinois Appellate Court, Fourth District, reversed the Circuit Court of Champaign County's conviction and sentence and remanded the case for further proceedings.

Criminal street gang recruitment on school grounds is a Class 1 felony P.A. 093-0938

October
2004
Illinois Law Update
Page 514
Criminal street gang recruitment on school grounds or on public property adjacent to school grounds is a Class 1 felony. 

Evidence that reveals a victim’s “prior sexual activity” is rendered inadmissible by the rape shield statute

September
2004
Illinois Law Update
Page 456
On June 24, 2004, the Illinois Supreme Court reversed an order of the appellate court and affirmed the circuit court's finding that evidence sought to be introduced by the defendant was barred by the rape shield statute.

Revisions Made Regarding Custodial Interviewing and Death Penalty Sentencing P.A. 93-0605

July
2004
Illinois Law Update
Page 340
Effective immediately, a pilot program requiring the recording of custodial interviews of suspects will be established in four police stations in the State of Illinois.

New Laws Criminalize Possession of Materials Used to Make Identification Cards P.A. 93-0667

June
2004
Illinois Law Update
Page 292
Effective immediately, it is a violation of the Illinois Identification Card Act to possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the manufacture, assembly, issuance, or authentication of an official Illinois Identification Card or Illinois Disabled Person Identification Card issued by the Secretary of State.

Procedures Outlined for Criminal Justice Board

June
2004
Illinois Law Update
Page 292
On March 12, 2004, the Illinois Criminal Justice Information Authority implemented new regulations at 2 Ill. Adm. Code 1760 to outline procedures for the Illinois Integrated Justice Information System Implementation Board.

Defendant’s conviction for armed robbery upheld based on limited circumstantial evidence regarding the presence of a weapon: a thin cut on victim’s throat and victim’s “confused” testimony

May
2004
Illinois Law Update
Page 242
On February 5, 2004, the Appellate Court of Illinois, Third District, affirmed the conviction of the defendant for armed robbery in the Circuit Court of Kankakee County. 

No police “eavesdropping” on sexual predators; even in cyberspace?

By Helen W. Gunnarsson
May
2004
LawPulse
Page 236
The Illinois eavesdropping statute's prohibition against taping with only one party's consent hampers legitimate law enforcement, a legal scholar opines.

2003 Illinois Supreme Court Criminal Cases: Traffic Stops and Apprendi Retroactivity

By Evelyn G. Baniewicz
April
2004
Article
Page 190
A look at the leading criminal law decisions from the 2003 term

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