Subject Index Criminal Law and Procedure

On June 17, 2002, the Appellate Court of Illinois, Fourth District, modified its decision and reversed the defendant's conviction for possession of a controlled substance (cocaine) with intent to deliver because the court ruled in favor of suppressing the only evidence of the defendant's guilt.

On July 16, 2002, Gov. George H. Ryan signed into law House Bill 4129, which amends the Juvenile Court Act of 1987.

On June 6, 2002, the Appellate Court of Illinois, Second District, reversed the decision of the Circuit Court of Lake County and concluded that the prosecution violated double jeopardy when it charged the defendant with reckless homicide after he previously pled guilty to reckless driving.

On May 24, 2002, the Appellate Court of Illinois, Second District, affirmed the decision of the Circuit Court of DuPage County and held that certain statements the defendant made as to ownership of items in his vehicle were properly suppressed by the trial court.

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).

On April 18, 2002, the Illinois Supreme Court affirmed the decision of the appellate court and affirmed the defendant's extended-term sentence.

New legislation signed into law by Gov. George H. Ryan helps in the fight against the spread of child pornography on the Internet and identifies the crime of cyberstalking. Public Act 92-0175 mandates the forfeiture of any computer containing a depiction of child pornography in any encoded or decoded format. 

On April 18, 2002, the Supreme Court of Illinois reversed the decision of the appellate court and reinstated the defendant's drug conviction.

On March 29, 2002, the Appellate Court of Illinois, First District, in this interlocutory proceeding, reversed the judgment of the trial court disqualifying defense counsel.

Gov. Ryan signed into law House Bill 2440 on August 17, 2001, which amended the Humane Care for Animals Act and Criminal Code of 1961.

On June 29, 2001, Gov. Ryan signed House Bill 0452, which amends the Unified Code of Corrections.

On January 1, 2002, Gov. George H. Ryan signed into law Senate Bill 0647 to amend the Illinois Aeronautics Act, which increased the penalties for certain acts related to the operation and maintenance of an aircraft while under the influence of intoxicating liquor, a narcotic drug, or other controlled substances.

On February 22, 2002, the Illinois Supreme Court reversed the judgment of the appellate court in ruling that when a patient and his wife brought a malpractice action against a hospital and doctors, they did not place the patient's mental health at issue.

On February 22, 2002, the Illinois Supreme Court reversed the appellate court and held that, in a criminal prosecution for obstruction of justice, the "exculpatory no" doctrine is not a defense to criminal liability.

On February 6, 2002, the Appellate Court of Illinois, Fourth District, allowed the admission of defendant Beler's statements, over a vehement dissent by a fellow judge.

In August 2001, Gov. George H. Ryan approved two pieces of legislation amending the Crime Victims Compensation Act.

Legislation recently signed into law by Gov. Ryan amends the Liquor Control Act of 1934 by providing that any person in possession of alcoholic liquor on public school district property during school days or at events on public school district property when children are present is guilty of a petty offense.

On January 10, 2002, the Appellate Court of Illinois, Fourth District, reversed the defendant's conviction for criminal trespass to real property under 720 ILCS 5/21-3(a).

On November 21, 2001, the Department of State Police (department) adopted several amendments to section 1295 of the Illinois Administrative Code. 20 Ill Adm Code 1295.

On November 21, 2001, the Illinois Supreme Court reversed the appellate court's decision to grant a defendant's interlocutory appeal, holding that the Illinois Constitution does not provide a witness with a privilege against self-incrimination because of a potential criminal prosecution against him by a foreign sovereign.

Legislation signed by Gov. Ryan in January amends the Sexual Assault Survivors Emergency Treatment Act to authorize sexual assault nurse examiners to perform examinations of sexual assault victims using a State Police Evidence Collection Kit (SPECK).

Legislation recently signed into law by Gov. George H. Ryan amends the Counties Code by requiring the state of Illinois to pay 66 2/3 percent of a public defender's annual salary in every county within the state.

Gov. Ryan recently signed legislation reinstating the criminal law provisions of a law struck down by the Illinois Supreme Court in September of 2001.

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.

Beginning June 1, 2002, parents may be subject to up to a year in jail or a $2,500 fine if they leave a child unattended in a car for an extended period of time.

On December 21, 2001, the Appellate Court of Illinois, Second District, reversed the trial court's decision requiring a juvenile to register as a sex offender.