Subject Index Criminal Law and Procedure

On Nov. 21, 2023, the Fifth District of the Illinois Appellate Court held that the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act forbids reimposing monetary bond for pretrial release unless the defendant accepts monetary bond as part of their original bond terms.

On Nov. 9, 2023, the Fifth District of the Illinois Appellate Court held that a defendant arrested before the SAFE-T Act became effective and who remains in detention after being ordered released subject to pretrial conditions must be allowed to stand on those original terms.

On Nov. 17, 2023, the Fourth District of the Illinois Appellate Court held that there is no abuse of discretion when trial courts comply with requirements of the Illinois Code of Criminal Procedure and make findings based upon the record.

On Oct. 19, 2023, the Illinois Supreme Court held sentencing provision section 9-1.2(d) of the Criminal Code of 1961 does not change the classification of intentional homicide of an unborn child to murder.

On Sept. 25, 2023, the First District of the Illinois Appellate Court held that contradictory evidence may support a criminal conviction and the armed habitual criminal statute is constitutional.

On Sept. 15, 2023, the First District of the Illinois Appellate Court held that a defendant’s mere presence near the scene of a crime does not create the necessary “reasonable suspicion” to conduct a Terry stop.

On Sept. 12, 2023, the Second District of the Illinois Appellate Court held the one-act, one-crime doctrine is not violated when there is sufficient evidence of separate acts.

The Illinois General Assembly amended the Code of Criminal Procedure of 1963. In criminal cases, evidence is not admissible if it only indicates that a person was or is merely present on a gang database.

The Illinois General Assembly amended the Code of Civil Procedure so that whenever the defendant in any litigation in Illinois has the right to demand a physical or mental examination of the plaintiff in a civil lawsuit, the plaintiff has the right to designate an additional person to be present and video record the examination.

On July 18, 2023, the Illinois Supreme Court held that a guilty plea by an innocent petitioner does not categorically prohibit the issuance of a certificate of innocence.

On July 18, 2023, the Illinois Supreme Court held that the Illinois Constitution does not mandate the use of monetary bail and that the SAFE-T Act, which eliminates cash bail, does not violate the Illinois Constitution.

On May 24, 2023, the First District of the Illinois Appellate Court held that a postconviction petition was properly dismissed because it was ruled on within 90 days of docketing.

On April 7, 2023, the First District of the Illinois Appellate Court found that a defendant did not knowingly violate his electronic home monitoring (EHM) detention program conditions that required he remain within his “residence” because the term was ambiguous regarding multi-unit buildings.

The Illinois General Assembly amended the Criminal Code of 2012 to expand the definition of “unable to give knowing consent.” The definition originally included instances where the accused administered an intoxicating, anesthetic, or controlled substance to the victim.

On April 20, 2023, the Illinois Supreme Court held that postconviction counsel’s failure to shape a defendant’s claims into proper form was a violation of Illinois Supreme Court Rule 651(c), which rebutted the presumption of reasonable assistance of counsel and necessitated remand.

On March 23, 2023, the Illinois Supreme Court held that the curtilage of the home is not a “public place of accommodation” under section 12-3.05(c) of the Criminal Code to enhance a simple battery offense to aggravated battery.

On Feb. 2, 2023, the First District of the Illinois Appellate Court held that in a second-stage proceeding for postconviction relief under the Post-Conviction Hearing Act, a court may only consider whether newly discovered evidence rebuts the postconviction petitioner’s trial record when assessing its credibility under an actual-innocence claim.

On Jan. 20, 2023, the Illinois Supreme Court held that a statute criminalizing the unlawful possession of a firearm by street gang members does not violate the Eighth and 14th amendments of the U.S. Constitution.

On Jan. 30, 2023, the First District of the Illinois Appellate Court held that excluding contents of a warrant in a defendant’s armed habitual criminal trial constituted an abuse of discretion where it caused an inference of predetermined guilt.

On Jan. 20, 2023, the Second District of the Illinois Appellate Court held that an arresting officer’s official reports were admitted into evidence once they were filed, although the defendant neither stipulated nor chose to utilize the reports in his case.

On Dec. 19, 2022, the Second District of the Illinois Appellate Court held that a court’s failure to follow Illinois Supreme Court Rule 401(a)-(b) before allowing the defendant to proceed pro se at trial amounted to an invalid waiver of counsel.

The Illinois General Assembly amended the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986. A petition for a protective order, stalking no-contact order, and civil no-contact order may now be filed online and in person.

The Illinois General Assembly amended the Criminal Code of 2012. It is now unlawful for a person with the intent to enter a motor vehicle and commit a felony or theft to possess a device designed to unlock or start a motor vehicle without the vehicle’s key.

The Illinois General Assembly enacted the Task Force on Missing and Murdered Chicago Women Act. The Act creates a task force to provide the General Assembly recommendations to reduce and end violence against Chicago women and girls.

On Oct. 17, 2022, the Second District of the Illinois Appellate Court held that where a defendant is willing to stipulate to prior convictions that qualify the defendant to be charged as an armed habitual criminal, the names of those convictions should not be admitted.