People v. Dainty

701 N.E.2d 118, 299 Ill. App. 3d 235, 233 Ill. Dec. 475, 1998 Ill. App. LEXIS 639
Appellate Court of Illinois·Decided September 22, 1998·No. 4-97-0221·Published·Cited by 19 cases

Opinion

PRESIDING JUSTICE GEIGER

delivered the opinion of the court:

Following a jury trial, the defendant, Lonnie C. Dainty, was convicted of armed violence (720 ILCS 5/33A — 2 (West 1994)) and sentenced to 10 years’ imprisonment. On appeal, the defendant argues that Public Act 88 — 680 (Pub. Act 88 — 680, eff. January 1, 1995) is unconstitutional because it violates the single subject rule of the Illinois Constitution (Ill. Const. 1970, art. IV §8(d)).

FACTS

The following facts are relevant to this appeal. On December 30, 1995, the defendant was charged by information with attempted murder (720 ILCS 5/8 — 4(a), 9 — 1 (West 1994)), aggravated battery (720 ILCS 5/12 — 4(a) (West 1994)), and armed violence (720 ILCS 5/33A — 2 (West 1994)). The information alleged that, on December 29, 1995, the defendant stabbed Steve Thornhill in the chest, head, back, and body with a knife with a blade of at least three inches in length.

Following deliberations, the jury acquitted the defendant of attempted murder but convicted him of armed violence and aggravated battery. The trial court subsequently sentenced the defendant to 10 years’ imprisonment. Following the denial of his posttrial motion, the defendant filed a timely notice of appeal.

THE CONSTITUTIONALITY OF PUBLIC ACT 88 — 680

We address the defendant’s argument that section 33A — 3(a — 5) of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/33A— 3(a — 5) (West 1996)), which increased the minimum sentence for the offense of armed violence from 6 years to 10 years, is unconstitutional and therefore invalid. In support of his argument, the defendant contends that Public Act 88 — 680, in which the legislature enacted section 33A — 3(a — 5), violates the single subject rule of the Illinois Constitution of 1970 (Ill. Const. 1970, art. IV, §8(d)). The State urges us not to consider the defendant’s constitutional challenge to Public Act 88 — 680 because this act has already been codified. See State v. Mabry, 460 N.W2d 472, 475 (Iowa 1990). However, as noted above, a challenge to the constitutionality of a statute can be raised at any time. People v. Bryant, 128 Ill. 2d 448, 454 (1989). We therefore turn to the merits of this issue.

1. Single Subject Rule

The single subject rule is a substantive requirement for the passage of bills and is therefore subject to judicial review. Johnson v. Edgar, 176 Ill. 2d 499, 514 (1997). The rule exists to prevent the passage of legislation that, standing alone, could not muster the votes necessary for passage. People v. Reedy, 295 Ill. App. 3d 34, 41 (1998). The rule also serves to facilitate orderly legislative procedure. Reedy, 295 Ill. App. 3d at 41.

The term “subject” is comprehensive in scope and must be construed liberally. Reedy, 295 Ill. App. 3d at 41. So long as the provisions of a bill have a “natural and logical connection,” the subject matter of that bill may be as broad as the legislature chooses. Reedy, 295 Ill. App. 3d at 41. The legislature violates the single subject rule only when it includes within a single bill incongruous and unrelated matters that by no fair intendment have any legitimate relation to each other. Reedy, 295 Ill. App. 3d at 41.

In Fuehrmeyer v. City of Chicago, 57 Ill. 2d 193 (1974), our supreme court held that Public Act 77 — 1818 was unconstitutional because it violated the single subject rule. The act at issue in Fuehrmeyer purported to grant exclusively to the State the power to regulate certain professions and occupations listed in 30 separate acts, ranging from architects to funeral directors to water well contractors. Fuehrmeyer, 57 Ill. 2d at 195. The supreme court held that this act violated the single subject rule because each of the 30 regulated professions and occupations was a separate subject. Fuehrmeyer, 57 Ill. 2d at 203-05.

The supreme court recently revisited the issue of the single subject rule in Johnson v. Edgar, 176 Ill. 2d 499 (1997). At issue in Johnson was whether Public Act 89 — 428, which was entitled “An Act in relation to public safety,” violated the single subject rule. Johnson, 176 Ill. 2d at 503. As enacted, Public Act 89 — 428 contained six articles and encompassed subjects including child sex offenders, employer eavesdropping, and environmental impact fees imposed on the sale of fuel. Johnson, 176 Ill. 2d at 517.

The supreme court determined that the act violated the single subject rule because the discordant provisions contained therein did not possess a natural and logical connection. Johnson, 176 Ill. 2d at 517. The court noted that the act amended a multitude of provisions in over 20 different acts and created several new laws. Johnson, 176 Ill. 2d at 516-17. In addition, the supreme court rejected the defendants’ argument that the provisions of the act were confined to the single subject of public safety. Johnson, 176 Ill. 2d at 517. The court noted that, if it were to conclude that the discordant provisions contained in the act were related under the subject of public safety, it would be eliminating the single subject rule as a meaningful check on the legislature’s actions. Johnson, 176 Ill. 2d at 517-18.

Similarly, in People v. Reedy, 295 Ill. App. 3d 34 (1998), this court found that Public Act 89 — 404 violated the single subject rule. In its enacted form, Public Act 89 — 404 contained 10 sections covering subjects such as the removal of the homestead exemption from property subject to certain civil forfeiture; the burden of proof for a criminal defendant asserting the insanity defense; truth-in-sentencing legislation; and new procedures for the perfection and attachment of hospital liens. Reedy, 295 Ill. App. 3d at 42. The State in Reedy argued that the act embraced the single subject of governmental matters. Reedy, 295 Ill. App. 3d at 43. However, after reviewing the act, this court found the alleged “subject” to be too broad to satisfy the Illinois Constitution’s mandates. Reedy, 295 Ill. App. 3d at 43. We were unable to identify the natural and logical connection uniting civil forfeiture, criminal sentencing, and hospital liens and therefore held that the act violated the single subject rule. Reedy, 295 Ill. App. 3d at 42.

2. Public Act 88 — 680

Turning to the instant case, Public Act 88 — 680 was introduced as Senate Bill 1153 on January 12, 1994. Entitled “A Bill for an Act to amend the Criminal Code of 1961,” Senate Bill 1153 originally amended the Criminal Code to require a trial court to impose a sentence of community service on any person convicted of or placed on supervision for assault, criminal damage to property, certain weapons violations, mob action, or disorderly conduct. On April 13, 1994, the Senate amended the bill to provide that, if imprisonment is imposed upon a defendant convicted of or placed on supervision for the aforementioned crimes, a community service sentence was not required. On April 14, 1994, the Senate passed the bill as amended.

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People v. Dainty, 701 N.E.2d 118, 299 Ill. App. 3d 235, 233 Ill. Dec. 475, 1998 Ill. App. LEXIS 639 (Ill. Ct. App. 1998).

701 N.E.2d 118 (People v. Dainty) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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