People v. $8,450 United States Currency

659 N.E.2d 103, 276 Ill. App. 3d 952, 213 Ill. Dec. 473, 1995 Ill. App. LEXIS 940
CourtAppellate Court of Illinois
DecidedDecember 18, 1995
DocketNo. 2—94—1251
StatusPublished
Cited by13 cases

This text of 659 N.E.2d 103 (People v. $8,450 United States Currency) 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. $8,450 United States Currency, 659 N.E.2d 103, 276 Ill. App. 3d 952, 213 Ill. Dec. 473, 1995 Ill. App. LEXIS 940 (Ill. Ct. App. 1995).

Opinion

PRESIDING JUSTICE McLAREN

delivered the opinion of the court:

The State appeals the trial court’s order forfeiting $6,100 pursuant to section 505(a)(5) of the Illinois Controlled Substances Act (Controlled Substances Act) (720 ILCS 570/505(a)(5) (West 1994)). The State contends that the trial court erred in granting claimant, Bernard Joseph, a $2,000 personal property exemption (see 735 ILCS 5/12 — 1001(b) (West 1994)). We affirm as modified.

The State filed a complaint seeking the forfeiture of $8,450 and a triple beam scale found in claimant’s apartment. The police also found cocaine and a cutting agent in the apartment. The court found that $350 was not subject to forfeiture, although the remaining $8,100 was subject to forfeiture. However, the court agreed with claimant that he was entitled to a $2,000 exemption under section 12 — 1001(b) of the Code of Civil Procedure (Code) (735 ILCS 5/12 — 1001(b) (West 1994)). The court relied on People v. One Residence Located at 1403 East Parham Street (1993), 251 Ill. App. 3d 198, to find that claimant was entitled to the personal property exemption of section 12— 1001(b) of the Code. The 1403 East Parham court held that the homestead exemption (735 ILCS 5/12 — 901 (West 1994)) applied to the forfeiture of real property used to facilitate a drug offense. (1403 East Parham, 251 Ill. App. 3d at 203.) The trial court therefore ordered that only $6,100 was forfeited. The State timely appealed.

The State contends that the trial court erred in finding that the personal property exemption of section 12 — 1001 of the Code (735 ILCS 5/12 — 1001 (West 1994)) applies to forfeiture proceedings. Claimant asserts that we should find several of the State’s arguments waived because it failed to make those arguments in the trial court. The waiver rule is an admonition to the parties, not a limitation on the jurisdiction of the reviewing court. (Schutzenhofer v. Granite City Steel Co. (1982), 93 Ill. 2d 208, 211.) Because of our responsibility to reach a just result and maintain a uniform body of precedent (Hux v. Raben (1967), 38 Ill. 2d 223, 225) on this legal question, we decline to apply the waiver doctrine here.

The money was subject to forfeiture pursuant to section 505(a)(5) of the Controlled Substances Act, which states that all proceeds traceable to a drug transaction and all money used or intended to be used to commit or facilitate a drug transaction are forfeitable. (720 ILCS 570/505(a)(5) (West 1994).) The Drug Asset Forfeiture Procedure Act (Forfeiture Act) applies to all property forfeit-able under the Controlled Substances Act. (725 ILCS 150/1 (West 1994).) The Forfeiture Act provides a list of exemptions from forfeiture (see 725 ILCS 150/8 (West 1994)), but does not refer to the exemptions provided in section 12 — 1001 of the Code.

Section 12 — 1001 of the Code provides, in relevant part:

"The following personal property, owned by the debtor, is exempt from judgment, attachment, or distress for rent:
(b) The debtor’s equity interest, not to exceed $2,000 in value, in any other property.” 735 ILCS 5/12 — 1001(b) (West 1994).

The determination of whether section 12 — 1001 of the Code applies to proceedings under the Forfeiture Act requires us to interpret the statutes. The primary rule of statutory interpretation is to ascertain and give effect to the legislative intent. This is derived from the language of the statute, as evaluated as a whole, with each provision construed in connection with every other section. (Bonaguro v. County Officers Electoral Board (1994), 158 Ill. 2d 391, 397.) "When a statute is unambiguous, a court is not free to depart from the plain language by reading into the statute exceptions, limitations, or conditions. (Kraft, Inc. v. Edgar (1990), 138 Ill. 2d 178, 189.) Courts also must consider the reasons and necessity for the enactment, the evils to be remedied, and the purpose of the statute. Collins v. Board of Trustees of the Fireman’s Annuity & Benefit Fund (1993), 155 Ill. 2d 103, 111.

The unambiguous language of section 12 — 1001 of the Code shows that it applies only to attachments, judgments, or distress for rent. (735 ILCS 5/12 — 1001 (West 1994).) It does not state that it applies to forfeitures or to fines. As the State points out, a forfeiture proceeding is in rem (see, e.g., 725 ILCS 150/9 (West 1994)); there is no debtor. Thus, section 12 — 1001 cannot apply because it exempts property "owned by the debtor” (emphasis added) (735 ILCS 5/12— 1001 (West 1994)). The Forfeiture Act provides its own exemptions. (See 725 ILCS 150/8 (West 1994).) The enumeration of exceptions in a statute will be construed as an exclusion of all others. (State of Illinois v. Mikusch (1990), 138 Ill. 2d 242, 250.) We determine that, according to the plain language of both statutes, section 12 — 1001 of the Code does not apply to proceedings under the Forfeiture Act.

Despite this clear statutory language, the trial court relied on 1403 East Parham to find that the exemption applied. The trial court’s reliance on 1403 East Parham was misplaced. First, that case pertained to the homestead exemption and based its analysis solely on the purpose of that exemption. (1403 East Parham, 251 Ill. App. 3d at 201-04.) Second, and more importantly, the analysis of 1403 East Parham is flawed. The court there stated that the object of the Forfeiture Act is to impose a civil penalty in addition to criminal penalties. (1403 East Parham, 251 Ill. App. 3d at 202.) However, despite its label as civil, a forfeiture is a punishment for double jeopardy purposes when its goal is either retribution or deterrence. (United States v. Halper (1989), 490 U.S. 435, 448, 104 L. Ed: 2d 487, 502, 109 S. Ct. 1892, 1902.) Similarly, in Austin v. United States (1993), 509 U.S. 602, 621-22, 125 L. Ed. 2d 488, 505-06, 113 S. Ct. 2801, 2812, the United States Supreme Court held that a civil forfeiture for a drug offense is a criminal punishment. Typically, it is a criminal punishment exacted through civil proceedings.

The Forfeiture Act itself states that its intent is deterrence. (725 ILCS 150/2 (West 1994).) In addition, the innocent owner exemptions of the Forfeiture Act (725 ILCS 150/8 (West 1994)) show that the purpose of the forfeiture is punishment. (See Austin, 509 U.S. at 619-20, 125 L. Ed. 2d at 503-04, 113 S. Ct.

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Bluebook (online)
659 N.E.2d 103, 276 Ill. App. 3d 952, 213 Ill. Dec. 473, 1995 Ill. App. LEXIS 940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-8450-united-states-currency-illappct-1995.