2011 CASE REPORT - Illinois General Assembly

Liquor Control Act of 1934 The provisions in the Act that allowed in-state
brewers, but not out-of-state brewers, to self-distribute their products violated the
Commerce Clause of the United States Constitution prior to their amendment.
Anheuser-Busch, Inc. v. Schnorf ...................................................................................... 14
Liquor Control Act of 1934 The Act's prohibition on the sale of liquor by a
licensee on a property that is within 100 feet of any school does not apply to day care
centers, which do not qualify as schools under the Act. Bailey v. Illinois Liquor
Control Commission ......................................................................................................... 15
Mental Health and Developmental Disabilities Code The Code's 24-hour filing
period for involuntary-admission petitions begins on the date a new petition is
presented to the facility director and not necessarily on the date of the patient's original
physical entry into the facility In re Andrew B. .............................................................. 15
Humane Care for Animals Act The State must prove that a person intended to
seriously injure or kill a companion animal in order to convict him or her of aggravated
animal cruelty. People v. Primbas .................................................................................. 16
Livestock Management Facilities Act There is not an implied private right of
action under the Livestock Management Facilities Act. Helping Others Maintain
Environmental Standards v. Bos ...................................................................................... 16
Illinois Vehicle Code The mandatory suspension of driving privileges for underage
drinking does not violate due process, even if the underage drinking does not involve
the use of a vehicle. People v. Boeckmann ..................................................................... 17
Illinois Vehicle Code Prior to the enactment of Public Act 95-578, the Code
contained an ambiguity regarding the appropriate sentence to impose if a person was
convicted of DUI for a sixth time. People v. Maldonado ............................................... 17
Illinois Vehicle Code When determining whether an electronic speed-detecting
device is being impermissibly used within 500 feet of a sign that reduces the speed
limit in a municipality, the relevant distance is the distance from the sign to the vehicle
that is having its speed measured. City of Rockford v. Custer ........................................ 18
Criminal Code of 1961 The mandatory 15-year sentence enhancement for
aggravated kidnapping while armed with a firearm violates the proportionate penalties
clause of the Illinois Constitution. People v. Gibson ...................................................... 18
Criminal Code of 1961 The mandatory 15-year sentence enhancement for
aggravated criminal sexual assault while armed with a firearm violates the
proportionate penalties clause of the Illinois Constitution. People v. Pelo ..................... 19
Criminal Code of 1961 It violates the due process guarantees of the State and
federal constitutions to make it a crime for a person to knowingly use any personal
identification information or personal identification document of another for the
purpose of gaining access to any record of the actions taken, communications made or
received, or other activities or transactions of that person without his or her permission.
People v. Madrigal .......................................................................................................... 20
Criminal Code of 1961 A majority of the court determined that the Code’s
provisions regulating the unlawful use of a firearm are constitutional; however, the
dissent asserted that those provisions are unconstitutional under the U.S. Supreme
Court’s decision in District of Columbia v. Heller. People v. Aguilar ........................... 21
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