2011 CASE REPORT - Illinois General Assembly

Criminal Code of 1961 As used in the Code’s provision concerning money
laundering, the term "proceeds" means "profits" not "receipts". People v. Universal
Public Transportation ...................................................................................................... 21
Criminal Code of 1961 The refusal to produce a driver's license and proof of
insurance upon demand of an officer does not, on its own, constitute obstruction of a
peace officer under the Code. People v. Bohannon ........................................................ 22
Criminal Code of 1961 Throwing contraband over a privacy fence while in view
of the police does not qualify as obstructing justice under the Code. People v. Comage. 22
Unified Code of Corrections The Code’s intrastate detainer notice-by-mail
provisions do not currently contain safeguards requiring the State to actually receive
the required notice of demand for a speedy trial. People v. Mullins ............................... 23
Unified Code of Corrections The Code authorizes a trial court to order the taking,
analysis, and indexing of a qualifying offender's DNA, and the payment of the analysis
fee, only if that defendant is not currently registered in the DNA database. People v.
Marshall ........................................................................................................................... 23
Unified Code of Corretions For the purposes of calculating good conduct credit
under the Code, the date the defendant is sentenced is counted as the first day of the
defendant’s sentence and not as a day of presentence custody. People v. Williams ....... 24
Unified Code of Corrections The date of conviction for purposes of the Code’s
Class X felony enhancement provision means the date of entry of the sentencing order
and not the date the defendant pled guilty to the offense. People v. Holmes .................. 24
Unified Code of Corrections The Code permits the imposition of a consecutive
term of imprisonment following a natural life sentence. People v. Petrenko ................. 25
Unified Code of Corrections The imposition of an enhanced mandatory
supervised release term under the Code must be predicated on a prior conviction and
not on 2 acts arising from one incident. People v. Anderson .......................................... 26
Unified Code of Corrections Petitions for the revocation of fines under the Code
are free-standing, collateral actions that may be filed more than 30 days after the entry
of judgment. People v. Mingo ......................................................................................... 26
Code of Civil Procedure A judge has no duty to automatically refer a petition for
substitution for cause unless specified threshold requirements for that petition are met.
In re Estate of Wilson ....................................................................................................... 27
Code of Civil Procedure When calculating damages under a provision of the Code
that requires a holdover tenant to pay double the yearly value of the lands, the court
must use the net rental value of the lands, rather than the gross rental value of the lands.
Rexam Beverage Can Company v. Bolger ....................................................................... 28
Sureties Act The protections afforded to sureties under the Act do not necessarily
apply to guarantors. J.P. Morgan Chase Bank, N.A. v. Earth Foods, Inc. ...................... 28
Local Governmental and Governmental Employees Tort Immunity Act A
claim of an alleged sexual assault by a treating physician does not arise out of patient
care for the purposes of the Act's 2-year statute of repose. Kaufmann v. Schroeder. ...... 29
Local Governmental and Governmental Employees Tort Immunity Act The
Bi-State Development Agency of the Illinois-Missouri Metropolitan District qualifies
as a local public entity under the Act. Hubble v. Bi-State Development Agency of the
Illinois-Missouri Metropolitan District ............................................................................ 29
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