People v. Determan

925 N.E.2d 227, 397 Ill. App. 3d 929
CourtAppellate Court of Illinois
DecidedMarch 15, 2010
Docket5-08-0209
StatusPublished
Cited by1 cases

This text of 925 N.E.2d 227 (People v. Determan) 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. Determan, 925 N.E.2d 227, 397 Ill. App. 3d 929 (Ill. Ct. App. 2010).

Opinions

JUSTICE WELCH

delivered the opinion of the court:

This is a case of first impression requiring our construction of provisions of the Non-Support Punishment Act (the Act) (750 ILCS 16/1 et seq. (West 2006)). The Act provides for the criminal prosecution of persons who willfully fail to provide for the support of a spouse or child. Section 5 of the Act provides as follows:

“A proceeding for enforcement of this Act may be instituted and prosecuted by the several State’s Attorneys only upon the filing of a verified complaint by the person or persons receiving child or spousal support.” 750 ILCS 16/5 (West 2006).

Section 10 of the Act provides, “Proceedings under this Act may be by indictment or information.” 750 ILCS 16/10 (West 2006).

In the case before us, the defendant, Roger G. Determan, was charged on October 26, 2007, by an information filed in the circuit court of Clinton County, with a failure to support, in that he had willfully failed to pay, for more than six months, a support obligation ordered by a court and that he was in arrears in excess of $5,000, in violation of section 15(a)(2) of the Act (750 ILCS 16/15(a)(2) (West 2006)). The offense charged is a Class A misdemeanor. 750 ILCS 16/ 15(b) (West 2006). The information was based on a form “Complaint” provided by the office of the State’s Attorney that had been filled in by the person entitled to receive support, Krista Mason, verified, and left with the State’s Attorney. This complaint was not attached to or filed with the information.

Subsequently, the defendant filed a motion to dismiss the information, alleging that Krista Mason had executed a “Withdrawal of Complaint,” had withdrawn the complaint executed by her in the office of the State’s Attorney, and wished to terminate the proceedings against the defendant. The motion asserted that pursuant to section 5 of the Act, a proceeding under the Act could only be instituted and prosecuted upon the filing of a verified complaint by the person entitled to receive support and that because no such complaint was on file, the action must be dismissed. A “Withdrawal of Complaint” executed by Krista Mason was attached to the motion to dismiss. It appears from the record that the defendant and Krista Mason had reached an out-of-court settlement of the dispute and that the defendant was going to pay some of the past-due support owed and remain current on his obligation.

At the hearing on the motion to dismiss, the defendant argued that the charge was insufficient and had to be dismissed because no verified complaint had been filed in court by the person entitled to receive support and the information alone was not sufficient. The defendant argued that pursuant to section 5 of the Act, before the State’s Attorney could institute and prosecute the case, the verified complaint had to be filed in court.

The State’s Attorney argued that once the complaint was filed with his office, it was left to his discretion whether to prosecute the defendant and the complainant could not “withdraw” her complaint and subvert that discretion. He argued that this case should be treated like any other case commenced by a criminal complaint filed with the State’s Attorney’s office: the State’s Attorney reviews the complaint, whether in the form of a police report or traffic citation, and in the exercise of his discretion decides whether to file criminal charges.

In ruling on the motion, the circuit court construed the word “filing” in section 5 of the Act to mean that the proceeding could only be instituted upon the filing of a verified complaint in the circuit court. Accordingly, the court ruled that the statute requires that a verified complaint be filed in court, by the person entitled to receive support, either prior to or contemporaneously with the filing of the information or indictment by the State’s Attorney. The court further ruled that the complainant has the right to withdraw her complaint before it is filed in court and that the complainant in the case at bar had done so. Accordingly, the court granted the defendant’s motion to dismiss the information.

On a motion for reconsideration the court entered a written order as follows:

“The Court believes that the statute [citation] requires that a verified complaint be attached to the Information in order to comply with the statute[,] which says that the State may proceed only upon the ‘filing of a verified complaint by the person or persons receiving child or spousal support.’
The person who signed the complaint appeared in court and sought to withdraw the complaint prior to the time that it was filed in court. This Court believes that since the complaint had not yet been filed and attached to the Information that [sic] the Information was void and that Miss Mason had the right to withdraw her complaint prior to the filing of the Information with the complaint attached. This Court hereby grants the Motion to Dismiss.” (Emphasis in original.)

The State appeals. We affirm.

As the circuit court correctly pointed out, there is no case law interpreting or construing section 5 of the Act. We do so here as a matter of first impression, and because matters of statutory interpretation present questions of law, our review is de novo. See People v. Brown, 229 Ill. 2d 374, 382 (2008).

On appeal, the State first argues that the circuit court erred in construing the Act to require the filing of a verified complaint with the circuit court, as opposed to finding that filing the verified complaint with the office of the State’s Attorney was sufficient. When we interpret a statute, our primary objective is to ascertain and give effect to the intent of the legislature. Brown, 229 Ill. 2d at 382. Legislative intent is determined by considering the language of the statute, given its plain and ordinary meaning, as well as the purpose and necessity for the law, the evils sought to he remedied, and the goals to be achieved. Brown, 229 Ill. 2d at 382-83. Each word, clause, and sentence of the statute must be given a reasonable meaning and must not be rendered superfluous, and we presume the General Assembly did not intend absurdity, inconvenience, or injustice. Brown, 229 Ill. 2d at 383. Words and phrases must not be viewed in isolation but must be considered in light of other relevant provisions of the statute. People v. Beachem, 229 Ill. 2d 237, 243 (2008).

Pursuant to our Code of Criminal Procedure of 1963 (the Code), a “complaint” is defined as “a verified written statement other than an information or an indictment, presented to a court, which charges the commission of an offense.” (Emphasis added.) 725 ILCS 5/102—9 (West 2006). This is the most common definition of the word “complaint” in the context of a criminal proceeding. In order to “present” a complaint to a court, it is necessary that it be filed with the clerk of the court. People v. Billings, 52 Ill. App. 3d 414, 425 (1977).

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Cite This Page — Counsel Stack

Bluebook (online)
925 N.E.2d 227, 397 Ill. App. 3d 929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-determan-illappct-2010.