People v. 2000 GMC VIN 3GNFK16T2YG169852

829 N.E.2d 437, 357 Ill. App. 3d 873, 293 Ill. Dec. 854
CourtAppellate Court of Illinois
DecidedMay 27, 2005
Docket2-04-0744
StatusPublished
Cited by18 cases

This text of 829 N.E.2d 437 (People v. 2000 GMC VIN 3GNFK16T2YG169852) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. 2000 GMC VIN 3GNFK16T2YG169852, 829 N.E.2d 437, 357 Ill. App. 3d 873, 293 Ill. Dec. 854 (Ill. Ct. App. 2005).

Opinion

JUSTICE HUTCHINSON

delivered the opinion of the court:

Claimant, Daniel Durham, appeals from the judgment of the circuit court of Du Page County in favor of the State on its complaint for the forfeiture of a GMC vehicle owned by Durham. Durham contends that the forfeiture violates the prohibition against excessive fines set forth in the eighth amendment to the United States Constitution (U.S. Const., amend. VIII). Durham also contends that the State failed to comply with certain procedural requirements for forfeiture. We affirm.

On October 18, 2002, the State filed its complaint for the forfeiture of Durham’s vehicle. The complaint sought forfeiture solely on the basis that the vehicle had been used in the commission of the offense of driving with a suspended license (625 ILCS 5/6 — 303(a), (g) (West 2002)). The vehicle was seized from Durham after he was arrested for that offense and for driving under the influence of alcohol (DUI) (625 ILCS 5/11 — 501 (West 2002)). Durham subsequently pleaded guilty to both offenses. At the time of his arrest, a summary suspension of Durham’s driver’s license was in effect pursuant to section 11 — 501.1 of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/11 — 501.1 (West 2002)). Pursuant to a judicial driving permit, Durham was allowed to drive between 5:30 a.m. and 7:30 p.m., but his arrest occurred at 12:54 a.m. The record establishes that the vehicle was worth $28,000. Durham filed an answer to the State’s complaint, and following a hearing, the trial court ordered the forfeiture of the vehicle. Durham filed a timely notice of appeal.

Section 36 — 1 of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/36 — 1 (West 2002)) provides, in pertinent part, that “[a]ny vessel, vehicle or aircraft used with the knowledge and consent of the owner in the commission of, or in the attempt to commit *** (g) an offense described in subsection (g) of Section 6 — 303 of the Illinois Vehicle Code[ ] may be seized and delivered forthwith to the sheriff of the county of seizure.” Section 36 — 2 of the Criminal Code (720 ILCS 5/36 — 2 (West 2002)) authorizes the State’s Attorney of the county in which the seizure occurred to file a complaint seeking forfeiture of the seized vehicle. Section 6 — 303(a) of the Vehicle Code (625 ILCS 5/6— 303(a) (West 2002)) provides that a person commits a Class A misdemeanor by driving on any highway when his or her license has been suspended. Section 6 — 303(g) provides, in pertinent part, that “[t]he motor vehicle used in a violation of this Section is subject to seizure and forfeiture as provided in Sections 36 — 1 and 36 — 2 of the Criminal Code of 1961 if the person’s driving privilege was *** suspended *** as a result of a summary suspension [under section 11 — 501.1 of the Vehicle Code].” 625 ILCS 5/6 — 303(g) (West 2002).

The record shows that the statutory criteria for seizure and forfeiture have been met, but Durham initially contends that the forfeiture nonetheless violates the eighth amendment to the United States Constitution, which prohibits, among other things, the imposition of “excessive fines” (U.S. Const., amend. VIII). This prohibition “limits the government’s power to extract payments, whether in cash or in kind, ‘as punishment for some offense.’ ” (Emphasis in original.) Austin v. United States, 509 U.S. 602, 609-10, 125 L. Ed. 2d 488, 497, 113 S. Ct. 2801, 2805 (1993), quoting Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc., 492 U.S. 257, 265, 106 L. Ed. 2d 219, 232, 109 S. Ct. 2909, 2915 (1989). Civil forfeiture proceedings serve, at least in part, to punish the owner of the property subject to forfeiture and are therefore subject to the excessive fines clause even though the forfeiture may also serve a remedial purpose. Austin, 509 U.S. at 618, 621-22, 125 L. Ed. 2d at 503, 505-06, 113 S. Ct. at 2810, 2812. However, a punitive forfeiture violates the excessive fines clause if it is grossly disproportional to the gravity of the offense for which it is forfeited. United States v. Bajakajian, 524 U.S. 321, 334, 141 L. Ed. 2d 314, 329, 118 S. Ct. 2028, 2036 (1998). Application of the constitutional standard for determining excessiveness to a given set of facts presents a question of law subject to de novo review. Bajakajian, 524 U.S. at 336 n.10, 141 L. Ed. 2d at 331 n.10, 118 S. Ct. at 2037 n.10.

In People ex rel. Waller v. 1989 Ford F350 Truck, 162 Ill. 2d 78 (1994), our supreme court adopted a multifactor analysis of the eighth amendment excessiveness issue. 1989 Ford F350 Truck, 162 Ill. 2d at 89. Specifically, the court held that the determination of excessiveness requires consideration of the following factors:

“ ‘(i) the inherent gravity of the offense compared with the harshness of the penalty; (ii) whether the property was an integral part of the commission of the crime; and (iii) whether the criminal activity involving the defendant property was extensive in terms of time and/or spatial use.’ ” 1989 Ford F350 Truck, 162 Ill. 2d at 90, quoting United States v. Real Property Located at 6625 Zumirez Drive, 845 F. Supp. 725, 732 (C.D. Cal. 1994).

The court noted, however, that these factors are not exclusive. 1989 Ford F350 Truck, 162 Ill. 2d at 90.

A divided panel of this court elaborated on these factors in People ex rel. Waller v. 1996 Saturn, VIN 1G82H5282TZ113572, 298 Ill. App. 3d 464 (1998), in which the State secured the forfeiture of a vehicle on the basis that it had been used in the commission of burglaries involving the theft of about $100 in cash and other property. In affirming the forfeiture, the majority indicated that the value of the seized property is germane to assessing the harshness of the penalty, but noted that “a court must consider not only the monetary value of the property forfeited but also the intangible value of the property.” 1996 Saturn, 298 Ill. App. 3d at 472. Forfeiture of personal property is less harsh than forfeiture of real estate. 1996 Saturn, 298 Ill. App. 3d at 472. The majority specifically rejected the claimant’s argument that the court should simply compare the value of the forfeited property with the value of the stolen property. 1996 Saturn, 298 Ill. App. 3d at 471. As far as the gravity of the offense is concerned, the majority stated that relevant factors include whether the crime was one of violence; whether the offense was a completed crime (as opposed to an attempted one); whether the conduct involved was intentional or negligent; and whether the claimant was convicted, acquitted, or never charged with a criminal offense. 1996 Saturn, 298 Ill. App. 3d at 471-72. The majority explained that comparing the maximum fine for the offense with the value of the seized property is not a proper way to gauge excessiveness, although the maximum fine for the offense is relevant to determining the gravity of the offense.

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829 N.E.2d 437, 357 Ill. App. 3d 873, 293 Ill. Dec. 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-2000-gmc-vin-3gnfk16t2yg169852-illappct-2005.