Subject Index Criminal Law and Procedure

On Sept. 20, 2024, the First District of the Illinois Appellate Court held that the state must demonstrate more than just the defendant’s presence in a vehicle where a weapon was found to establish knowledge for convictions of unlawful use of a weapon.

On Sept. 19, 2024, the Illinois Supreme Court held that the odor of burnt cannabis alone is insufficient for probable cause to conduct a warrantless search.

On Aug. 14, 2024, the Fifth District of the Illinois Appellate Court held that if a defendant waives their Miranda rights, the fact finder has the right to observe the defendant’s nonverbal behavior during a video-recorded confession.

On Aug. 26, 2024, the First District of the Illinois Appellate Court held that no Equal Protection rights violation occurs when a sex offender who abuses a close relative receives a harsher punishment than they otherwise would have if they were unrelated to the victim.

On Aug. 26, 2024, the First District of the Illinois Appellate Court held that a parent who was aware of child-abuse allegations against another, yet continued to allow that person unsupervised access to their child, could be found to have inflicted sexual abuse on the child.

On Aug. 23, 2024, the First District of the Illinois Appellate Court held that a man who pleaded guilty to a traffic ticket cannot use the compulsory joinder statute to bar the state from pursuing separate felony charges that arose from the same incident as the traffic ticket.

On July 11, 2024, the First District of the Illinois Appellate Court held that the definition of conviction in the record-sealing provisions of the Criminal Identification Act does not include bond forfeitures in traffic cases.

The Illinois General Assembly amended the Pretrial Services Act. A new office in the Illinois judicial branch known as the “Office of Statewide Pretrial Services” has been established.

On June 12, 2024, the First District of the Illinois Appellate Court held the armed habitual criminal statute is constitutional under the Second Amendment and the Illinois Constitution.

On June 7, 2024, the Second District of the Illinois Appellate Court held a defendant’s motion for pretrial release must be heard in a timely manner.

On May 23, 2024, the Illinois Supreme Court held that if a motion to reconsider conviction is untimely, a notice of appeal is also untimely.

On May 28, 2024, the Fourth District of the Illinois Appellate Court held that mob action is a detainable offense.

On May 28, 2024, the First District of the Illinois Appellate Court held that pretrial detention can be ruled necessary when a defendant has an established history of disregarding restrictions.

On May 3, 2024, the First District of the Illinois Appellate Court held that use of a firearm in commission of a crime while on conditional release is clear and convincing evidence that a defendant poses a real and present threat to the community.

On Feb. 28, 2024, the Fourth District of the Illinois Appellate Court held that defendants may not be detained pending hearings to revoke probation when the petition does not allege that the defendant committed a felony or class A misdemeanor.

On March 5, 2024, the Fifth District of the Illinois Appellate Court held that failure to conduct either a preliminary hearing or indictment is structural error.

On Feb. 8, 2024, the Fifth District of the Illinois Appellate Court held that a postconviction counsel’s failure to comply with Illinois Supreme Court Rule 651(c) does not require reversal when subsequent postconviction counsel complies with the Rule.

On Feb. 26, 2024, the Third District of the Illinois Appellate Court held that the state must file a petition requesting the denial of pretrial release at the defendant’s first appearance in front of a judge or within 21 calendar days after the defendant’s arrest and release.

On Feb. 5, 2024, the Second District of the Illinois Appellate Court held that Illinois Supreme Court Rule 401(a) admonishments must be administered when a trial court learns the defendant is waiving their right to counsel.

On Jan. 23, 2024, the Fourth District of the Illinois Appellate Court held that defendants have the right to be physically present at pretrial release hearings.

On Dec. 29, 2023, the Illinois Supreme Court held that evidence of voluntary intoxication may be considered when evaluating a defendant’s mental state for specific-intent offenses.

The Illinois General Assembly amended the Criminal Code of 2012. Prosecutions based upon fraudulent activity related to COVID-19 relief programs must be commenced either: 1) within five years after the discovery of the offense by an individual having a legal duty to report the offense; or 2) in the absence of such discovery, within five years after the appropriate prosecuting officer becomes aware of the offense.

The Illinois General Assembly amended the Criminal Code of 2012. The amendments removed all references related to the imposition of a death sentence.

The Illinois General Assembly amended the Code of Criminal Procedure of 1963. The amendment establishes a rebuttable presumption that child victims under the age of 13 shall testify outside of the courtroom and the testimony shall be shown via closed-circuit television (CCTV).

The Illinois General Assembly amended the Criminal Identification Act. Trafficking victims may now petition for vacation and expungement of their record in addition to immediate sealing of their record.