Lake County police departments looking to add body cameras

 

It’s not unusual for police officers to be filmed by people with cellphones during a traffic stop nowadays, but police throughout Lake County may be wearing body cameras to monitor interactions as soon as this fall in Round Lake Park, and other departments are not far behind.

From Round Lake Park to Round Lake and Mundelien to the Lake County Sheriff’s Office, municipalities and their police departments are moving ahead with body cameras.

“This is definitely the wave of the future and something that’s needed,” Lake County State’s Attorney Michael Nerheim said. “Body cameras are a type of evidence and the more evidence we have in any case the better.”

Gov. Bruce Rauner last week signed legislation that lays out the rules for police body cameras in Illinois, making it only the third state in the country to establish such rules, according to an Associated Press analysis. While it does not mandate body cameras, although there was legislation floated that would have done just that, it does specify how they will be worn, when they have to be turned on and how long the recordings must be kept as evidence.

It also established a grant program funded by a $5 addition to traffic tickets to help police departments buy the body cameras.

“They are going to be involved in every case, even misdemeanors,” Nerheim said. “You’re going to see footage on every single case.”

Nerheim said his office is working with the more than 40 police departments in Lake County on uniformity. If each department operated on a different system, that could pose a problem for his office, which would handle the recordings in court.

“It’s important we are part of the process,” he said.

Round Lake Park Police Chief George Filenko said if everything goes as planned his department will be ready to roll out the body cameras by mid September.

“It’s logical we’re doing this,” he said, “We decided this was the way to go.”

The village has purchased 6 4RE in-car systems with panoramic HD cameras and 13 VISTA HD body-worn cameras that have adjustable lenses so officers can adjust them according to their height. The total cost was approximately $57,000, which also includes a server and needed software.

For Patrol Officer Donna O’Brien, the body camera, which uses industrial strength magnets to hold it in place, is a good thing.

“I prefer them,” she said, “It’s good to have one more form of evidence to back up the truth.”

“I also think it’s good tool for training. I can review how I walked up to a vehicle during a traffic stop or person and see how I might of done it differently,” or see something that may have put her in danger, but she didn’t realize it at the time, she said.

“It will keep me on my toes, but I always act professionally,” she said.

Filenko said the response of his officers has not been “why do we need them,” but “when are we getting them.”

“In my opinion this is going to become standard, it may even be mandatory eventually,” he said. He knew two years ago they were going to need new squad car videos and he thought of incorporating the body cameras with that new system.

“It’s still not going to replace the human eye,” he said, but in the worse-case scenario, an officer involved shooting, “the more video the better,” said Filenko, who is in charge of the Major Crime Task Force that is called in to investigate those shootings.

Round Lake Police Chief Michael Gillette said his mayor and trustees wanted to get ahead of the curve and be pro-active. “I’m proud of the board and the mayor for letting us do that,” he said of their purchase of 15 FirstVu HD cameras from Kansas-based Digital Ally, at a cost of $13,800.

“We feel it’s a good tool for the officers to put together a solid case,” he said, “and of course it would be used in allegations of misconduct. I think they are really good tools.”

Bigger departments have bigger problems with figuring out the financing, but the Waukegan Police Department is “aggressively” researching different models, according to Cmdr. Joe Florip.

“We need to see what will work best (for the 80 patrol officers and 20 patrol cars). We’re excited as an organization to get body cameras. We think it’s best for our community and the police department,” he said.

“It’s priceless when it comes to a citizen complaint. There’s nothing like pulling up a video,” he said, noting that sometimes they can do that now from dash cameras and sometimes residents see their actions in a different light.

The Lake County Chiefs Association, headed by Highland Park Chief Paul Schafer, said they are getting more inquiries from other chiefs about body cameras. There still needs to be a lot of policy work, such as how to handle Freedom of Information requests, obscuring juvenile or witness faces from the video and other issues and having the personnel able to do that.

“There’s a lot of implementation with this new technology that the chiefs are taking a look at,” he said. They plan to have it on their agenda for the September meeting.

Other departments like Round Lake Beach are just starting to look into it, partly because of the funding mechanism included in the bill the governor recently signed. For some departments it would be hard to afford and they want to make sure they get the right equipment.

“We want it done right the first time,” said Police Chief Dave Hare. But he believes they will benefit police and the community.

“Transparency is a good thing for the community and body camera play into that,” he said

Illinois Supreme Court released 4 criminal law cases for March 2016.

 

Here are the top 13 criminal law cases from the Illinois court system for March 2016. The first 4 are from the Illinois Supreme Court. Number 4 was a victory for the defense at the lower level and the Illinois Supreme Court had something to say about that.

  1.  People v. Burns
    The “no-nights visits” rule is affirmed, can’t bring the sniffer dog to your front step for a little sniff action.
  2. People v. Bradford
    Prosecution no longer allowed to overcharge an ordinary retail theft to a burglary.
  3. People v. Clark
    Aggravated vehicular hijacking and armed robbery without a firearm are not lesser-included offenses of aggravated vehicular hijacking and armed robbery with a firearm.
  4. People v. Timmsen
    Apparently, the police can stop you for trying to legally avoid a roadblock.
  5. People v. Abram
    Officers approach defendant who was sitting in his car he then, to say the least, ensues in outright flight.
  6. People v. Smith
    This trial judge was overruled; there is nothing unconstitutional about requesting citizen’s to roll up their sleeves.
  7. People v. Thompson
    Some of the State’s remarks relied on questionable advocacy, but did not rise to the level of clear and obvious error.
  8. People v. Meuris
    In a leaving the scene of an accident prosecution the State must not only prove that Defendant knew he was involved in an accident but also that another person was involved.
  9. People v. Weinke
    Reviewing court says ASA exaggerated the severity of victim’s condition and misled the court as to the source and timing of her information in order to pressure the court into granting a quickie deposition.
  10. People v. Tayborn
    Trial counsel was ineffective for not challenging defendant’s confession given without Miranda warnings.
  11. People v. Little
    Cigarette break is not a sufficient amount of time to remove the taint of the original Miranda violation.
  12. People v. Gray
    These drug officers were themselves charged with distributing narcotics and Defendant was not told about the investigation before he plead guilty to his own drug charges.
  13. People v. Fulton
    In a charge of armed habitual criminal the same conviction can be used as one of the predicate offenses as well the predicate to the UUW Felony conviction that may be being used.

Communities our office serves in Lake County, Illinois

Antioch | Bannockburn | Barrington | Barrington Hills | Beach Park | Buffalo Grove | Deer Park | Deerfield | Fox Lake |Fox River Grove | Grayslake | Green Oaks | Gurnee | Hainesville | Hawthorn Woods | Highland Park | Highwood | Indian Creek | Island Lake | Kildeer | Lake Barrington | Lake Bluff | Lake Forest | Lake Villa | Lake Zurich | Lakemoor |Libertyville | Lincolnshire | Lindenhurst | Long Grove | Mettawa | Mundelein | North Barrington | North Chicago | Old Mill Creek | Park City | Port Barrington | Riverwoods | Round Lake | Round Lake Beach | Round Lake Heights | Round Lake Park | Third Lake | Tower Lakes | Vernon Hills | Volo | Wadsworth | Wauconda | Waukegan | Wheeling | Winthrop Harbor| Zion

Police body camera

A sweeping set of new regulations regarding police body cameras is aimed at addressing recent controversies over use of force and standardizing practices across the state.

Police departments would not be required to use the cameras, but now there will be statewide rules for those that do. Chiefly, officers will have to keep their cameras on when conducting law enforcement activities but could turn them off when talking to a confidential informant, or at the request of a victim or witness. Intentionally turning off cameras outside the exceptions could result in a charge of official misconduct.

Recordings generally will not be subject to the state’s open records law, however, unless they contain potential evidence in a use-of-force incident, the discharge of a weapon or a death.

To help pay for the body cameras, the state will charge an extra $5 fee on criminal and traffic offenses that result in a guilty plea or conviction. The money also will bolster an expanded training program that includes topics like use of force. In addition, the law bans the use of choke holds, creates a database of officers who have been fired or resigned because of misconduct and requires an independent investigation of all officer-involved deaths. Also, a special prosecutor can be requested if there is an apparent conflict of interest.

Illinois DUI Case List

Expert Witnesses
 
People v. Jones, 2015 IL App (1st) 121016 (04/22/2015) (“foundational element” used
to strike a state firearms expert witness)
 
People v. Safford, 392 Ill. App. 3d 212, 221 (2009) (court said that the admission of an
expert’s testimony requires an adequate reliability foundation)
 
People v. McKown, 236 Ill.2d 278 (2010) (HGN foundations case but see King below)
 
People v. Floyd, 2014 IL App (2d) 120507 (March 2014) (retrograde extrapolation based
on a single breath test is more speculation than science)
 
Soto v. Gaytan, 313 Ill. App. 3d 137 (2000) (another case that talks about a foundational
element)
 
People v. Negron, 2012 IL App (1st) 101194 (2012) (another case that allows a
fingerprint expert to testify but discusses Safford’s foundations test)
 
Discovery Sanctions
 
People v. Tsiamas, 2015 IL App (2d) 140859 (December 2015) (State can’t ignore
discovery notice)
 
People v. Moravec, 2015 IL App (1st) 133869 (November 2015) (DUI sanctions
UPHELD)
 
People v. Kladis, 2011 IL 110920 (DUI evidence suppressed after video is destroyed)
 
People v. Aronson, 408 Ill.App.3d 946 (2011) (failure to make a copy is a sanctionable)
 
People v. Strobel, 2014 IL App (1st) 130300 (June 2014) (no discovery violation occurred here so it was error to impose a discovery sanction)
 
People v. Olsen, 2015 IL App (2d) 140267 (June 2015) (error for the trial judge to
suppress evidence due to a purported discovery violation)
 
People v. Moises, 2015 IL App (3d) 140577 (August 2015) (trial court’s decision to grant a discovery sanction is reversed because there was no discovery violation when officer did not record the FST)
 
Probable Cause
 
Navarette v. California, 134 S.Ct. 1683 (2014) (anonymous 911 call justifies traffic stop)
 
People v. Anderson, 2013 IL App (2d) 121346 (October 2014)
 
People v. Butorac, 2013 IL App (2d) 110953 (December 2014) (officers may board a
boat to enforce registration requirements)
 
People v. Cummings, 2014 IL 115769 (March 2014)
 
People v. Gonzalez­Carrera, 2014 IL App (2d) 130968 (September 2014)
 
People v. Timmsen, 2014 IL App (3d) 120481 (July 2014) (it’s ok to avoid a traffic roadblock so long as you don’t break any other traffic laws)
 
People v. Santovi, 2014 IL App 2014 IL App (3d) 130075 (May 2014) (no pc to arrest defendant before cop yells at the women and orders her to open the bathroom door or he’ll kick it down)
 
People v. Taiwo, 2015 IL App (3d) 140105 (April 2015) (proper to stop a car for a lane infraction when the cop had a hunch the car was connected to an accident he was
investigating)
 
Rescissions & Suspended DLs
 
People v. Elliott, 2014 IL 115308 (January 2014) (recession only acts prospectively and
has no retroactive effect, thus rescinding a suspension will not undue convictions based
on that suspension)
 
People v. Smith, 2013 IL App (2d) 121164 (November 2013) (DWLS can’t be revoked)
 
People v. Clayton, 2014 IL App (4th) 130340 (March 2014) (even if
notice was tampered with by the cop defendant had actual notice of his pending suspension)
 
People v. Gaede, 2014 IL App (4th) 130346 (November 2014) (defendant withdrew his consent and implied consent statute found constitutional)
 
People v. Morales, 2015 IL App (1st) 131207 (January 2015) (suspension reinstated defendant received proper notice from the police on the day of his arrest and had more than ample opportunity to challenge the suspension in court)
 
People v. McLeer, 2015 IL App (2d) 140526 (February 2015) (officer amends the report after it was issued, suspension stands because SOS had enough information that the
notice was given)
 
People v. Gutierrez, 2015 IL App (3d) 140194 (July 2015) (A PBT test is not a
statement, thus, the officer’s DL suspension is proper)
 
Blood & BAC
 
People v. Wuckert, 2015 IL App (2d) 150058 (December 2015) (625 ILCS 5/111­501.4
trumps hospital policy that the results should not be used for legal purposes)
 
People v. Armer, 2014 IL App (5th) 130342 (October 2014) (warrantless blood draw
suppressed when not done with consent nor under exigent circumstances)
 
People v. Harris, 2015 IL App (4th) 140696 (May 2015) (consensual blood draws ok)
 
People v. Weidner, 2014 IL App (5th) 130022 (March 2014) (no error to wipe
defendant’s arm with an alcohol wipe before hospital took his blood)
 
People v. Hutchinson, 2013 IL App (1st) 1023332 (November 2013) (no error in
admitting report of lab results as a business record)
 
People v. Harris, 2014 IL App (2d) 120990 (May 2014) (state had problems showing the
breathalyzer was certified)
 
People v. Eagletail, 2014 IL App (1st) 130252 (December 2014) (logbook and printout
admissible even though printout was made years after the breath test)
 
People v. Chiaravalle, 2014 IL App (4th) 140445 (December 2014) (officer made a
continuous observation even though he may have had his back to the defendant from
time to time)
 
People v. Thomas, 2014 IL App (2d) 130660 (May 2014) (speedy trial violated when
police waited to issue BAC citation they already knew what the hospital blood BAC was)
 
People v. Torruella, 2015 IL App (2d) 141001 (August 2015) (no error here when the
trial judge accepted calibration records of the breathalyzer as a business record and no
error when the court disregarded the defense expert’s testimony)
 
People v. Smith, 2015 IL App (1st) 122306 (August 2015) (state failed to establish that
the machine was properly certified within the 62 day window required by the
regulations)
 
Evidence
 
People v. Blakey, 2015 IL App (3d) 130719 (November 2015) (prior inconsistent
statement in this DUI huffing case was admitted in error)
 
People v. Phillips, 2015 IL App (1st) 131147 (October 2015) (defendant blew under .08
and attacked that the officer’s opinion he was intoxicated)
 
People v. Way, 2015 IL App (5th) 130096 (September 2015) (proximate cause defense,
error to deny the defendant a chance to defend her aggravated DUI by arguing that the
cannabis in her system did not contribute to the accident)
 
People v. King, 2014 IL App (2d) 130461 (November 2014) (officer can testify to how
defendant acted during instructions of HGN even though the results themselves not
admitted)
 
People v. O’Donnell, 2015 IL App (4th) 130358 (March 2015) (officer committed error
when she testified it was her belief that Defendant was lying to her at the scene of the
one car accident and that he was showing deception
 
People v. Kathan, 2014 IL App (2d) 121335 (August 2014) (a drug driving case with an
admission, bad driving and impairment leads to guilt)
 
People v. Morris, 2014 IL App (1st) 130512 (July 2014) (actual physical control
established when defendant passed out in front seat of parked car, the ignition off, the
driver’s side door open, and keys in his right hand)
 
Sentence
 
People v. Lake, 2015 IL App (3d) 140031 (April 2015) (9 year sentence for aggravated
DUI Death conviction upheld; it was not excessive; defendant was racing a horse)
 
People v. Rennie, 2014 IL App (3d) 130014 (May 2014) (16 year olds 6 year sentence
for aggravated DUI upheld she had weed in her system when motorcyclist died in an
accident)
 
People v. Stutzman, 2015 IL App (4th) 130889 (August 2015) (defendant inappropriately plead guilty to reckless homicide and aggravated DUI in violation of one
act one crime principles)
 
People v. Mischke, 2014 IL App (2d) 130318 (December 2014) (enhancement to a Class 2 felony occurs whenever a defendant has two prior convictions for any form of DUI, not just aggravated DUIs)
 
People v. Guillen, 2014 IL App (2d) 131216 (November 2014) (misdemeanor plea dismissed after defendant plead guilty and double jeopardy did not attach during the sentencing hearing)
 
Miscellaneous
 
People v. McGuire, 2015 IL App (2d) 131266 (December 2015) (section 11­501(a) of the Vehicle Code does not govern the operation of a watercraft)
 
People v. Hasselbring, 2014 IL App (4th) 131128 (November 2014) (defendant was a biker riding with friends when a friend hit his tire and died there was an error in an answer to a jury instruction)
 
Village of Bull Valley v. Zeinz, 2014 IL App (2d) 140053 (September 2014) (local
conviction for DUI reversed because the village failed to prove that it happened in their
jurisdiction)

Secret police? Virginia considers bill to withhold all officers’ names.

Secret police? Virginia considers bill to withhold all officers’ names.

Virginia debates whether to make names of officers private

Virginia’s House is considering a bill that would make all names of police officers and fire marshals “personnel records,” exempting them from mandatory disclosure under the state’s freedom of information law. (Ashleigh Joplin/The Washington Post)

It started with a reporter’s attempt to learn whether problem police officers were moving from department to department. It resulted in legislation that is again bringing national scrutiny to the Virginia General Assembly: a bill that could keep all Virginia police officers’ names secret.

In a climate where the actions of police nationwide are being watched as never before, supporters say the bill is needed to keep officers safe from people who may harass or harm them. But the effort has drawn the attention of civil rights groups and others who say police should be moving toward more transparency — not less — to ensure that troubled officers are found and removed.

If it is made law, experts say the restriction would be unprecedented nationwide.

The Virginia Senate has already approved Senate Bill 552, which would classify the names of all police officers and fire marshals as “personnel records,” exempting them from mandatory disclosure under the state’s freedom of information law. The Republican-dominated Virginia House will consider the bill in hearings starting Thursday. Gov. Terry McAuliffe (D) has not taken a position on the bill yet, his spokesman said.

State Sen. John A. Cosgrove Jr. (R-Chesapeake) — citing that he knew many police officers and their families — said: “The culture is not one of respect for law enforcement anymore. It’s really, ‘How, how can we get these guys? What can we do?’ . . . Police officers are much more in jeopardy. There’s no nefarious intent behind the bill.”

Pushback has been strong. “To say every officer’s name ought to be confidential,” said Claire Gastañaga, executive director of the American Civil Liberties Union of Virginia, “is just a step too far in government secrecy. We are dangerously close to a police state in some respects.” She said shootings and attacks on police are rarely committed by anyone using public records.

Although other states have made moves to shield the identities of some officers, none would go as far as the proposal in Virginia.

In Oregon, the state House passed a bill last week allowing the name of an officer involved in a police shooting to be withheld for 90 days if a judge finds there is a credible threat to the officer. This followed the killing of a protester from the Malheur National Wildlife Refuge, held by armed occupiers for more than a month this year. And the Pennsylvania House passed a bill in November mandating the withholding the name of an officer involved in a shooting while the investigation is pending — which would be a change from the Philadelphia Police Department’s policy of releasing the name within three days.

Kevin Carroll, president of the Virginia Fraternal Order of Police union, said he knew of one instance when a citizen had taken an officer’s name and committed financial fraud, adding that the potential existed in other cases for danger to an officer’s family. “This is not about trying to keep information from the public, to have secret police,” Carroll said.”But it is about wanting to keep our officers safe.”

Carroll said: “With the current trend across the country, law enforcement officers have been attacked and even assassinated because of issues being driven in the media. . . . With technology now, if you have a name, you could find out where they live. It puts them at risk.”

Completely withholding officers’ names from the public is a new step nationally, according to Dan Bevarly, interim executive director of the National Freedom of Information Council. “Usually legislation is related to a specific incident, but not as a preventive measure,” he said. “To do such a blanket exemption for a high-profile government employee, what are you trying to accomplish?”

John Worrall, a criminology professor at the University of Texas at Dallas specializing in policing in legal issues, said that in his review of state freedom of information laws, “none that I’ve found have gone to this extreme. In fact, the opposite is occurring” in many states, Worrall said, with more governments and police agencies posting information promptly about police-involved shootings.

Although police supporters fear the use of publicly available records against them, “that’s largely based on a total lack of data,” Worrall said. “There’s no data on retaliatory actions against police officers. And even if the problem exists, I’m not convinced that hiding their names is the solution.”

Worrall and others noted that keeping officers’ names secret seems to conflict with the idea of community policing and building trust with citizens. “I don’t know how you have community policing,” Gastañaga said, “when nobody knows your name.”

Should the Virginia bill become law, the practical implications still aren’t clear. Some worry it would allow an officer who pulls over a driver, or stops someone in the street, to refuse to provide his or her name. Officers’ names would still appear on traffic tickets or court documents.

Police would still have the discretion to release any officer’s name if they wanted, and police officials said they would not withhold names without specific reasons. Fairfax County Police Chief Edwin C. Roessler Jr. said he and the Fairfax County Board of Supervisors remains “committed to increasing our transparency.” He said that officers would never be removing their names from their uniforms, as some have suggested the bill would allow, and that he would withhold a name only to protect a particular officer’s safety or the sanctity of an ongoing investigation. Fairfax police waited 16 months to release the name of the officer who shot an unarmed Springfield man, John Geer, in 2013. The release came only after a judge ordered it.

Dana Schrad, executive director of the Virginia Association of Chiefs of Police, said police in the commonwealth already have the option to withhold names, and Cosgrove’s bill merely codifies that discretion. She and Carroll, the police union president, both noted that 1,500 Virginia state employees had fraudulent tax returns filed last year, which officials think originated with an online database of employee names and salaries.

“We do not expect this to be abused,” said Schrad, who sent an email to state police chiefs saying: “We caution all of our agencies to use discretion in exercising this exemption. In order to build a trust relationship with communities, agencies should make sure that the communities know who their officers are. This exemption should only be exercised when trying to protect the identity of an undercover officer or when protecting the integrity” of an internal affiars investigation.

Schrad and Carroll helped launch the bill after the Virginian-Pilot newspaper and the state Department of Criminal Justice Services reached an agreement last summer for the state to release the names, agencies and dates of employment of every law enforcement officer in Virginia. Schrad opposed the release because she said the database was old and inaccurate, saying that providing the mass data was her chief reason for pursuing the bill.

Virginian-Pilot reporter Gary Harki said he wanted to check tips he had received that officers who were fired from one department were simply rejoining a police force elsewhere, similar to the reporting done by the Boston Globe on reassignment of pedophilic Catholic priests in Massachusetts. The newspaper negotiated an agreement with the state to obtain the names of only current officers, not to publish the entire database or share it with anyone, and to indemnify the state from any legal claims.

After the agreement was signed, Schrad and Carroll objected, and the state changed its mind. No deal. But the state failed to cite a legal exemption for its refusal in the required time under the state Freedom of Information Act, and a Norfolk judge ruled that the data had to be given to Harki. The judge also ruled that police names are personnel records that can be exempt under FOIA, but he said the state had already agreed to release them. The ruling at the circuit-court level does not have the weight of legal precedent and so Schrad and Carroll sought to put it into law.

“The public has a right to know who their police officers are,” Harki said. “To me, it’s just a fundamental principle of democracy [to know] who our public officials are.” He said that the database he got was “just a piece of a larger puzzle to a problem that may or may not exist” and that he hasn’t published anything about it since the Virginian-Pilot won the court ruling in November.

When Harki worked as a reporter in West Virginia, a similar investigation of troubled officers moving between departments resulted in legislation adding oversight to the movement of officers.

Megan Rhyne of the Virginia Coalition for Open Government noted that many public servants take actions that could anger citizens — prosecutors, social service workers, judges — but their names remain public. She also said that withholding names would result in a lack of accountability for a variety of unsavory acts, such as profligate spending or hiring friends and family, actions that often are caught only when names are linked to illegal deeds.

The bill is scheduled for a hearing Thursday afternoon before a subcommittee of the House General Laws Committee, chaired by Del. James M. LeMunyon (R-Fairfax). He declined to offer his views on the bill, but he said if it passed, it would be heard again next Thursday before the entire committee, then possibly sent to the full House.

Illinois DUI Case List

Illinois DUI Case List Expert Witnesses People v. Jones, 2015 IL App (1st) 121016 (04/22/2015) (“foundational element” used to strike a state firearms expert witness) People v. Safford, 392 Ill. App. 3d 212, 221 (2009) (court said that the admission of an expert’s testimony requires an adequate reliability foundation) People v. McKown, 236 Ill.2d 278 (2010) (HGN foundations case but see King below) People v. Floyd, 2014 IL App (2d) 120507 (March 2014) (retrograde extrapolation based on a single breath test is more speculation than science) Soto v. Gaytan, 313 Ill. App. 3d 137 (2000) (another case that talks about a foundational element) People v. Negron, 2012 IL App (1st) 101194 (2012) (another case that allows a fingerprint expert to testify but discusses Safford’s foundations test) Discovery Sanctions People v. Tsiamas, 2015 IL App (2d) 140859 (December 2015) (State can’t ignore discovery notice) People v. Moravec, 2015 IL App (1st) 133869 (November 2015) (DUI sanctions UPHELD) People v. Kladis, 2011 IL 110920 (DUI evidence suppressed after video is destroyed) People v. Aronson, 408 Ill.App.3d 946 (2011) (failure to make a copy is a sanctionable) People v. Strobel, 2014 IL App (1st) 130300 (June 2014) (no discovery violation occurred here so it was error to impose a discovery sanction) People v. Olsen, 2015 IL App (2d) 140267 (June 2015) (error for the trial judge to suppress evidence due to a purported discovery violation) People v. Moises, 2015 IL App (3d) 140577 (August 2015) (trial court’s decision to grant a discovery sanction is reversed because there was no discovery violation when officer did not record the FST) Probable Cause Navarette v. California, 134 S.Ct. 1683 (2014) (anonymous 911 call justifies traffic stop) People v. Anderson, 2013 IL App (2d) 121346 (October 2014) People v. Butorac, 2013 IL App (2d) 110953 (December 2014) (officers may board a boat to enforce registration requirements) People v. Cummings, 2014 IL 115769 (March 2014) People v. Gonzalez­Carrera, 2014 IL App (2d) 130968 (September 2014) People v. Timmsen, 2014 IL App (3d) 120481 (July 2014) (it’s ok to avoid a traffic roadblock so long as you don’t break any other traffic laws) People v. Santovi, 2014 IL App 2014 IL App (3d) 130075 (May 2014) (no pc to arrest defendant before cop yells at the women and orders her to open the bathroom door or he’ll kick it down) People v. Taiwo, 2015 IL App (3d) 140105 (April 2015) (proper to stop a car for a lane infraction when the cop had a hunch the car was connected to an accident he was investigating) Rescissions & Suspended DLs People v. Elliott, 2014 IL 115308 (January 2014) (recession only acts prospectively and has no retroactive effect, thus rescinding a suspension will not undue convictions based on that suspension) People v. Smith, 2013 IL App (2d) 121164 (November 2013) (DWLS can’t be revoked) People v. Clayton, 2014 IL App (4th) 130340 (March 2014) (even if notice was tampered with by the cop defendant had actual notice of his pending suspension) People v. Gaede, 2014 IL App (4th) 130346 (November 2014) (defendant withdrew his consent and implied consent statute found constitutional) People v. Morales, 2015 IL App (1st) 131207 (January 2015) (suspension reinstated defendant received proper notice from the police on the day of his arrest and had more than ample opportunity to challenge the suspension in court) People v. McLeer, 2015 IL App (2d) 140526 (February 2015) (officer amends the report after it was issued, suspension stands because SOS had enough information that the notice was given) People v. Gutierrez, 2015 IL App (3d) 140194 (July 2015) (A PBT test is not a statement, thus, the officer’s DL suspension is proper) Blood & BAC People v. Wuckert, 2015 IL App (2d) 150058 (December 2015) (625 ILCS 5/111­501.4 trumps hospital policy that the results should not be used for legal purposes) People v. Armer, 2014 IL App (5th) 130342 (October 2014) (warrantless blood draw suppressed when not done with consent nor under exigent circumstances) People v. Harris, 2015 IL App (4th) 140696 (May 2015) (consensual blood draws ok) People v. Weidner, 2014 IL App (5th) 130022 (March 2014) (no error to wipe defendant’s arm with an alcohol wipe before hospital took his blood) People v. Hutchinson, 2013 IL App (1st) 1023332 (November 2013) (no error in admitting report of lab results as a business record) People v. Harris, 2014 IL App (2d) 120990 (May 2014) (state had problems showing the breathalyzer was certified) People v. Eagletail, 2014 IL App (1st) 130252 (December 2014) (logbook and printout admissible even though printout was made years after the breath test) People v. Chiaravalle, 2014 IL App (4th) 140445 (December 2014) (officer made a continuous observation even though he may have had his back to the defendant from time to time) People v. Thomas, 2014 IL App (2d) 130660 (May 2014) (speedy trial violated when police waited to issue BAC citation they already knew what the hospital blood BAC was) People v. Torruella, 2015 IL App (2d) 141001 (August 2015) (no error here when the trial judge accepted calibration records of the breathalyzer as a business record and no error when the court disregarded the defense expert’s testimony) People v. Smith, 2015 IL App (1st) 122306 (August 2015) (state failed to establish that the machine was properly certified within the 62 day window required by the regulations) Evidence People v. Blakey, 2015 IL App (3d) 130719 (November 2015) (prior inconsistent statement in this DUI huffing case was admitted in error) People v. Phillips, 2015 IL App (1st) 131147 (October 2015) (defendant blew under .08 and attacked that the officer’s opinion he was intoxicated) People v. Way, 2015 IL App (5th) 130096 (September 2015) (proximate cause defense, error to deny the defendant a chance to defend her aggravated DUI by arguing that the cannabis in her system did not contribute to the accident) People v. King, 2014 IL App (2d) 130461 (November 2014) (officer can testify to how defendant acted during instructions of HGN even though the results themselves not admitted) People v. O’Donnell, 2015 IL App (4th) 130358 (March 2015) (officer committed error when she testified it was her belief that Defendant was lying to her at the scene of the one car accident and that he was showing deception People v. Kathan, 2014 IL App (2d) 121335 (August 2014) (a drug driving case with an admission, bad driving and impairment leads to guilt) People v. Morris, 2014 IL App (1st) 130512 (July 2014) (actual physical control established when defendant passed out in front seat of parked car, the ignition off, the driver’s side door open, and keys in his right hand) Sentence People v. Lake, 2015 IL App (3d) 140031 (April 2015) (9 year sentence for aggravated DUI Death conviction upheld; it was not excessive; defendant was racing a horse) People v. Rennie, 2014 IL App (3d) 130014 (May 2014) (16 year olds 6 year sentence for aggravated DUI upheld she had weed in her system when motorcyclist died in an accident) People v. Stutzman, 2015 IL App (4th) 130889 (August 2015) (defendant inappropriately plead guilty to reckless homicide and aggravated DUI in violation of one act one crime principles) People v. Mischke, 2014 IL App (2d) 130318 (December 2014) (enhancement to a Class 2 felony occurs whenever a defendant has two prior convictions for any form of DUI, not just aggravated DUIs)

New Illinois Law 2016

 

Here’s a look at some of the new rules for 2016:

New Illinois laws aim to keep teens out of prison system

Law enforcement and crimeA sweeping set of new regulations regarding police body cameras is aimed at addressing recent controversies over use of force and standardizing practices across the state.Police departments would not be required to use the cameras, but now there will be statewide rules for those that do. Chiefly, officers will have to keep their cameras on when conducting law enforcement activities but could turn them off when talking to a confidential informant, or at the request of a victim or witness. Intentionally turning off cameras outside the exceptions could result in a charge of official misconduct.

Recordings generally will not be subject to the state’s open records law, however, unless they contain potential evidence in a use-of-force incident, the discharge of a weapon or a death.

To help pay for the body cameras, the state will charge an extra $5 fee on criminal and traffic offenses that result in a guilty plea or conviction. The money also will bolster an expanded training program that includes topics like use of force. In addition, the law bans the use of choke holds, creates a database of officers who have been fired or resigned because of misconduct and requires an independent investigation of all officer-involved deaths. Also, a special prosecutor can be requested if there is an apparent conflict of interest.

 

“This isn’t going to have a magical overnight impact, though there will be some immediate effect because your behavior changes when you know that you are being watched and recorded,” said sponsoring Sen. Kwame Raoul, D-Chicago. “So I think there will be greater sensitivity to that, and just how you interact with the public in general when being recorded that I think is valuable.”

Additionally, the state agency responsible for developing standards for law enforcement will be tasked with creating a specialized training program to teach police how to interact with those with mental illness to avoid a situation from further escalating.

On another front, it will now be a Class A misdemeanor for pet owners found to have left animals outside in extremely hot or cold weather. Violators could be sentenced to up to a year in jail and fine of up to $2,500. Judges would have discretion to impose lesser sentences.

And man’s best friend may begin to make more frequent appearances in courtrooms under a provision that would allow children and intellectually disabled adults who are victims of sexual abuse to be accompanied on the stand by a service dog for support.

Victims of sexual assault will have longer to pursue charges against their attackers under a measure that would delay the start of the 10-year statute of limitations until after a rape kit is tested. The change is aimed at preventing the accused from running out the clock because of a testing backlog as law enforcement agencies struggle to keep up with fewer resources.

Lawmakers also added powdered caffeine and powdered alcohol to the list of banned substances in Illinois, and they created a new “Silver Alert” system to help law enforcement locate missing adults who have dementia or other cognitive impairments.

Consumer and family laws

Prompted by thousands of complaints alleging neglect or abuse in nursing homes, a new law lets residents of such homes or long-term care facilities to put cameras in their rooms if they pay for them.

Nursing homes would be required to post a sign at main entrances warning that rooms may be under electronic monitoring, and everyone living in a room would have to consent to a camera being installed. If one resident of a shared room wants a camera and the other doesn’t, the resident who wants the camera would be moved to another room.

A “Right to Try” law brought about by through bipartisan negotiations allows terminally ill patients to try experimental drugs and treatments that have gone through the first phase of clinical trials but are not yet approved by the U.S. Food and Drug Administration.

Supporters say the measure affords patients more control over treatment options and prevents them from having to travel to other countries to seek treatment. Drug companies have said the FDA’s expanded access programs should be improved instead.

Meanwhile, another law attempts to modernize rules regarding parentage to reflect the legalization of gay marriage and the prevalence of unmarried parents.

The changes would remove gender-specific language to ensure that “a person” is presumed to be the legal parent of a child if that person and the mother are married, in a civil union or a “substantially similar relationship” unless a surrogacy contract is in place. If a child is born before the start of a relationship or soon after it ends, the couple are presumed to be legal parents.

The law lets parents voluntarily declare they are a parent of a child, and it provides more leeway for visitation and parental involvement as custody cases work their way through the court system. It also establishes a new set of standards when it comes to genetic testing to determine paternity.

“It’s trying to be very child-centered and acknowledge that children deserve to be psychologically, emotionally and financially supported by their parents while trying to make that work in what is often difficult and contentious adult relationships,” said sponsoring Rep. Kelly Burke, D-Evergreen Park.

Schools

High school students will have to take at least one semester of civics to graduate. While the law goes into effect Friday, it’s expected that schools won’t incorporate the requirement until the 2016-17 school year begins in the fall.

Schools also will be required to install carbon monoxide detectors following a 2014 leak at a rural Illinois school that sent more than 180 staff members and students to the hospital.

Meanwhile, student teachers will have to undergo background checks before they are allowed in the classroom, and child care facility employees must now get immunized for tetanus, diphtheria and pertussis as well as vaccinated against measles, mumps and rubella.

Those who were convicted of crimes but later found innocent could qualify for special college scholarships, if lawmakers set aside money for the program.

Additionally, college students over 18 who have mental health issues would be allowed to designate someone who could be alerted about any problems or changes in behavior. The idea was brought about after the suicide of a freshman at Illinois State University. The student’s parents pushed for the bill, arguing that they may have been able to step in if alerted about conversations he had with school counselors.

LGBT laws

Gay rights advocates are celebrating a new law that will ban conversion therapy on minors.

Under the law, mental health providers would be barred from engaging in treatment with the purpose of changing the sexual orientation or gender identification of minors. Psychologists, therapists, psychiatrists, social workers and counselors caught doing so could be deemed as engaging in unprofessional conduct by state regulators and face disciplinary action such as fines, probation, or temporary or permanent license revocation. Businesses that advertise or offer conversion therapy services in a manner that represents homosexuality as a mental illness could face legal action under Illinois consumer fraud laws.

Proponents argued that conversion therapy is a practice widely denounced by mental health organizations that say it can cause severe health risks such as depression, suicidal thoughts and other mental health issues. Critics said the bill would restrict youths from seeking help for unwanted same-sex attractions and would interfere with parents’ rights to raise their children as they wish.

“Marriage was a huge, huge social justice achievement for our society, but it’s part of a broader program and that program is a comprehensive inclusion of people of a variety of sexual orientations and identities into the mainstream of life without prejudice, bias or discrimination,” said sponsoring Sen. Biss.

Further, transgender people will now be covered under the state’s hate crimes law to protect them from being targeted because of their gender identification, while lesbian, gay, bisexual and transgender community centers will be added to the list of facilities protected from hate-based institutional vandalism.

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