Subject Index Sentencing

Killing medical professionals on the job now an aggravating factor. PA 096-1475

November
2010
Illinois Law Update
, Page 564
The Criminal Code of 1961 has been amended to add an aggravating factor that can result in natural life imprisonment for a criminal offender. (720 ILCS 5/9-1)

Court Supervision after Padilla v Kentucky

By Gary J. Ravitz
July
2010
Article
, Page 362
Lawyers who misinform clients about supervision could be in for trouble, especially when deportation is at stake.

Electronic Home Detention Program now available for juvenile offenders. PA 096-0293

July
2010
Illinois Law Update
, Page 348
Illinois lawmakers amended the Juvenile Court Act of 1987 to allow electronic home detention as an appropriate form of sentencing for wards of the court. 705 ILCS 405/5-7A-101.

Penalties stiffened for animal and dog fighting. PA 096-0226

February
2010
Illinois Law Update
, Page 72
Illinois lawmakers in recent months stiffened penalties for activities associated with animal and dog fighting. 

New Law Clarifies Illinois’ Sentencing Statutes

By John J. Cullerton, Peter G. Baroni, Daniel S. Mayerfield, Ryan J. Rohlfsen, & Paul H. Tzur
September
2009
Article
, Page 466
A newly enacted reorganization of the Unified Code of Corrections helps bring sentencing up to date in Illinois.

Demystifying Illinois DUI Sentencing

By Larry A. Davis
July
2009
Article
, Page 352
Presenting Illinois’ confusing DUI sentencing options as a chart enables practitioners to see at a glance which penalties their clients face.

No withdrawal allowed for a “blind plea”

January
2008
Illinois Law Update
, Page 16
On October 26, 2007, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County sentencing the defendant to 22 years for pleading guilty to two counts of first degree murder.

Challenging the Constitutionality of the Illinois Consecutive Sentencing Statute

By Patrick Gallagher
February
2007
Article
, Page 96
The author argues that the Illinois consecutive sentencing statute violates the Sixth Amendment by allowing judges rather than jurors to make findings of fact that increase a defendant's punishment.

Police departments typically not “victims” under restitution statute

July
2006
Illinois Law Update
, Page 334
On April 6, 2006, the Illinois Appellate Court, Second District, affirmed in part and vacated in part the decision of the Circuit Court of DuPage County to order defendant Danenberger to pay restitution to the Naperville Police Department (Department) as a condition of her probation for filing a false police report. 

Court Supervision in Traffic Cases: New Strategies for Amended Laws

By Theodore J. Harvatin
April
2006
Article
, Page 192
What impact does supervision really have on your clients, especially commercial drivers? Make sure you're up to date.

Adding conditions to plea agreement after it is negotiated may violate defendant’s due process rights

March
2006
Illinois Law Update
, Page 118
On December 20, 2005, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, First District, and vacated the sentence imposed by the Circuit Court of Cook County on the defendant.

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.

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.

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.

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.

Will Blakely create sentencing chaos?

By Helen W. Gunnarsson
October
2004
LawPulse
, Page 508
Federal and many state courts are holding off on sentencing hearings in the wake of Blakely, but the case will have limited impact on Illinois state courts. Find out why.

Trial court erred in ordering restitution based on a charge that was dismissed as part of plea agreement.

March
2004
Illinois Law Update
, Page 124
On December 30, 2003, the Appellate Court of Illinois, Second District, vacated the order of the trial court ordering the defendant to pay restitution based on a criminal damage to property charge that was dismissed as a part of her plea agreement on other charges.

Aggravated battery cannot be the predicate offense for felony murder.

January
2004
Illinois Law Update
, Page 16
On October 17, 2003, the Illinois Supreme Court reversed in part, affirmed in part, and remanded the appellate court's decision to overturn the defendant's conviction of felony murder because it was improperly predicated upon aggravated battery.

Offense elements must be identical for a proportionate penalties clause challenge to succeed

December
2003
Illinois Law Update
, Page 600
On September 18, 2003, the Illinois Supreme Court reversed the portion of the appellate court's decision that vacated the defendant's extended-term sentence. 

Defendant who was absent at trial may file for appellate review pursuant to section 115-4.1(g) so long as appeal raises issues of fundamental fairness and due process

September
2003
Illinois Law Update
, Page 436
On May 20, 2003, the Appellate Court of Illinois, First District, affirmed the order of the Circuit Court of Cook County convicting the defendant of theft by deception and sentencing him in absentia.

Provisions under P. A. 91-0404, imposing mandatory 15- and 20-year sentence enhancements for possession or personal discharge of a firearm in the commission of certain offenses, held unconstitutional

September
2003
Illinois Law Update
, Page 436
On June 19, 2003, the Illinois Supreme Court held that the provisions under P. A. 91-0404, §5, effective January 1, 2000.

Sentence in excess of maximum for involuntary manslaughter violates Apprendi, but subject to harmless error analysis where uncontradicted evidence in support of sentencing enhancement

May
2003
Illinois Law Update
, Page 226
On February 6, 2003, the Illinois Supreme Court held that the sentencing court's imposition of an enhanced sentence for involuntary manslaughter based on a judicial finding was harmless error.

Changes to penalties for heroin possession P.A. 92-0698

February
2003
Illinois Law Update
, Page 62
Effective July 19, 2002, amendments to the Illinois Controlled Substances Act provide that the illegal manufacture.

Legislation creates offense of sexual conduct or sexual contact with animal and increases potential sentence for defendants who commit criminal offense of aggravated criminal sexual assault with dangerous weapon P.A. 92-0721

February
2003
Illinois Law Update
, Page 62
On July 25, 2002, Gov. George H. Ryan signed into law House Bill 4926, which amends the Criminal Code of 1961 to do two separate things.

Multiple-murder sentencing statute violates proportionate penalties clause of Illinois Constitution when juvenile defendant convicted of two counts of first-degree murder based on accountability

February
2003
Illinois Law Update
, Page 62
On November 21, 2002, the Illinois Supreme Court affirmed the trial court and concluded that, as applied to this juvenile defendant, the multiple-murder sentencing statute violated the proportionate penalties clause in article I, §11 of the Illinois Constitution.

When issuing dispositional order for indefinite time period, trial court must consider whether minor will be detained for period greater than maximum sentence an adult would receive for committing same offense

November
2002
Illinois Law Update
, Page 584
On July 10, 2002, the Appellate Court of Illinois, Second District, modified the dispositional order entered by the Circuit Court of Winnebago County to reflect that the minor respondent was committed to the Department of Corrections (DOC) for an indeterminate period not to exceed five years.

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).

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.

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.

Legislation turns a misdemeanor battery into a felony aggravated battery when committed in or near a domestic violence shelter P.A. 92-516

March
2002
Illinois Law Update
, Page 120
In January, Gov. Ryan signed into law Senate Bill 175, which amended the Criminal Code of 1961 by making a misdemeanor offense of battery a felony offense of aggravated battery when the battery occurs in a building or other structure used to provide shelter or other services to domestic violence victims or the victims' dependent children.

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