Subject Index Criminal Law and Procedure

State lawmakers amended the charge for aggravated battery with a firearm to include protection for students.

Illinois lawmakers recently amended the Drug Court Treatment Act to allow counties in the same judicial district to form a single drug court.

Recruiting minors into street gangs is now a Class 1 felony, under recent amendments to the Criminal Code of 1961. 

The Sex Offender Management Board adopted new sections regulating the treatment and rehabilitation of convicted juvenile sex offenders.  

Illinois lawmakers recently added new language to the Criminal Code of 1961 to prohibit convicted sex offenders from using social networking Web sites.

The Illinois General Assembly made numerous changes to the Criminal Code of 1961, including amendments to statutes on criminal stalking, aggravated stalking, and cyberstalking. 720 ILCS 5/12-7.3-7.5.

Illinois lawmakers have amended the Rights of Crime Victims and Witnesses Act to allow for victims of a violent crime to submit impact statements in cases where the defendant has been found not guilty by reason of insanity.

On April 21, 2009, the Illinois Appellate Court, Second District, on defendant's appeal from the Circuit Court of Winnebago County, affirmed the conviction of defendant, who was convicted of the unlawful possession of a weapon by a felon.

On March 27, 2009, the Illinois Appellate Court, Third District, reversed the decision of the Circuit Court of Henry County, which granted the defendants' motions to dismiss, holding that two subsections of the DUI statute enacted by PA 94-329 were not embodied in the DUI law, 625 ILCS 5/11-501 (2006), at the time the offenses were alleged to have been committed.

On March 31, 2009, the Illinois Appellate Court, First District, reversed and remanded the judgment of the Circuit Court of Cook County rescinding the statutory summary suspension of the defendant's driver's license. 

Illinois lawmakers amended the Criminal Code of 1961 by adding two new sections making it a crime to interfere with the duties of a judicial officer, or attempt to bribe an officer's immediate family, staff, or other court employees. 720 ILCS 5/32-4e, 32-4f.

On February 11, 2009, the Illinois Appellate Court, First District, reversed and remanded the ruling of the Circuit Court of Cook County which granted the defendant post conviction relief and a reduction in sentence pursuant to People v Whitfield, 217 Ill 2d 177, 840 NE2d 658 (2005) because the defendant's petition was untimely.

Illinois lawmakers enacted the Commission to Study Disproportionate Justice Impact Act to assess the “nature and extent of the harm caused to minority communities” by certain provisions of the Illinois Vehicle Code (625 ILCS 5/ et seq), Criminal Code of 1961 (720 ILCS 5/ set seq), Cannabis Control Act (720 ILCS 550/ et seq) and other listed laws.

On December 2, 2008, the Illinois Supreme Court affirmed the judgment of the Illinois Appellate Court, Third District, which affirmed the decision of the Circuit Court of Peoria County to allow the state to impeach a defendant with certified copies of his prior juvenile adjudications.

The Illinois General Assembly amended the Code of Criminal Procedure by adding section 115-10.6, which creates a new hearsay exception when evidence is offered against a party that has killed the declarant "intending to procure the unavailability of the declarant as a witness in a criminal or civil proceeding." 725 ILCS 5/115-10.6.

On October 24, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Kankakee County granting the defendant's motion to dismiss on grounds of double jeopardy. 

The Illinois General Assembly amended the Code of Criminal Procedure of 1963 by changing the heading of Article 106b and amending Section 106B-5. 725 ILCS 5/106B-5.