People v. Ferrell

659 N.E.2d 992, 213 Ill. Dec. 646, 277 Ill. App. 3d 74, 1995 Ill. App. LEXIS 974
CourtAppellate Court of Illinois
DecidedDecember 29, 1995
Docket4-95-0383
StatusPublished
Cited by29 cases

This text of 659 N.E.2d 992 (People v. Ferrell) 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. Ferrell, 659 N.E.2d 992, 213 Ill. Dec. 646, 277 Ill. App. 3d 74, 1995 Ill. App. LEXIS 974 (Ill. Ct. App. 1995).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In February 1994, defendant, Susie J. Ferrell, pleaded guilty to aggravated battery of a child (720 ILCS 5/12 — 4.3 (West 1992)). In April 1994, the trial court sentenced her to 3 months in jail and 48 months’ probation, subject to various conditions, including that she not engage in any activity with the reasonable potential of causing pregnancy. In December 1994, after a court-mandated pregnancy test indicated that defendant was pregnant, the State filed a petition to revoke her probation. In January 1995, the trial court conducted a hearing on the petition, found that defendant had violated the no-pregnancy condition, and revoked her probation. In May 1995, the trial court conducted a resentencing hearing and sentenced defendant to six years in prison.

Defendant appeals, arguing that (1) probation condition D (the no-pregnancy condition) violates section 5 — 5—3(k) of the Unified Code of Corrections (Code) (730 ILCS 5/5 — 5—3(k) (West 1994)); (2) probation conditions D and E (the pregnancy test condition) are not reasonable and violate her fundamental rights; (3) she was denied due process because the no-pregnancy condition was vaguely worded; (4) the trial court’s finding that defendant violated the no-pregnancy condition was against the manifest weight of the evidence; and (5) the court abused its discretion by revoking her probation.

Because we agree with defendant’s first argument (based on the Code), we need not address her constitutional arguments. We reverse the revocation and sentence and remand with instructions to reinstate her original probation sentence, absent condition D.

I. BACKGROUND

In February 1994, defendant pleaded guilty to aggravated battery of her two-month-old son. In April 1994, the trial court sentenced her to three months in the county jail and 48 months’ probation, subject to various conditions. The probation order included the following conditions:

"D. The Defendant may not perform any act, or engage in any activity which has the reasonable potential of causing her to become' pregnant.
E. The Defendant shall submit to blood testing for the purpose of determining pregnancy on the following schedule: (1) Today; (2) 14 days from today; (3) 30 days following jail release; (4) Every 60 days thereafter.”

In May 1994, defendant filed a motion to reconsider probation conditions D and E, but the trial court denied that motion. No appeal was taken.

In November 1994, a court-mandated pregnancy test indicated that defendant was pregnant. In December 1994, the State filed a petition to revoke her probation, alleging that she had violated the no-pregnancy condition.

In January 1995, the trial court conducted a hearing on the petition to revoke. The court found that defendant had violated the no-pregnancy probation condition and revoked her probation. In May 1995, the court conducted a resentencing hearing and sentenced defendant to six years in prison, with credit for 90 days already served.

II. THE NO-PREGNANCY PROBATION CONDITION

Defendant argues that the no-pregnancy probation condition violates section 5 — 5—3(k) of the Code, which prohibits a trial court from imposing a sentence requiring a defendant "to be implanted or injected with or to use any form of birth control.” (730 ILCS 5/5 — 5— 3(k) (West 1994).) She contends that all of her options for compliance with the no-pregnancy probation condition, including abstinence, constitute methods of birth control, and as such, require the implantation, injection, or use of a form of birth control, in violation of section 5 — 5—3(k) of the Code.

In response, the State asserts that because the trial court did not require defendant to use any chemical or medical means of preventing pregnancy, the no-pregnancy condition does not violate the plain language of section 5 — 5—3(k) of the Code. We agree with defendant’s analysis.

Initially, we note that both parties argue that this court should rely on the legislative debates in construing section 5 — 5—3(k) of the Code. We reject this argument. As Justice Scalia has written, "[t]he greatest defect of legislative history is its illegitimacy. We are governed by laws, not by the intentions of legislators.” (Conroy v. Aniskoff (1993), 507 U.S. 511, 519, 123 L. Ed. 2d 229, 238, 113 S. a. 1562, 1567 (Scalia, J., concurring).) Further, in Town of the City of Bloomington v. Bloomington Township (1992), 233 Ill. App. 3d 724, 736, 599 N.E.2d 62, 70, this court wrote the following:

"[L]egislators do not make laws by making speeches on the floor of the legislative chamber or by writing memos for committee meetings. They make laws by majority vote on a specifically worded bill that has been read three times before each house and distributed to each legislator. (Ill. Const. 1970, art. IV, §§ 8(c), (d).) Neither the disclosed nor undisclosed intent of a legislator or lobbyist becomes law, only the bill as it reads when passed becomes law.” (Emphasis in original.)

Although a court’s primary function in interpreting a statute is to determine and give effect to the legislature’s intent in enacting the statute, legislative intent is best determined by the language of the statute. (Walker v. Rogers (1995), 272 Ill. App. 3d 86, 90, 650 N.E.2d 272, 275.) A court construing a statute should read it as a whole, give the statutory language its plain meaning, and import to the statute the fullest possible meaning to which it is susceptible. Central Illinois Public Service Co. v. Illinois Commerce Comm’n (1994), 268 Ill. App. 3d 471, 484, 644 N.E.2d 817, 825.

Section 5 — 5—3(k) of the Code, the statute at issue in this case, reads as follows: "A court may not impose a sentence or disposition for a felony or misdemeanor that requires the defendant to be implanted or injected with or to use any form of birth control.” (730 ILCS 5/5 — 5—3(k) (West 1994).) Giving this statutory language its plain and fullest possible meaning, we conclude that "any form of birth control” means just that, and thereby encompasses all possible forms of birth control, including abstinence. (See Taber’s Cyclopedic Medical Dictionary 13 (16th ed. 1989), which defines "abstinence” as "[g]oing without something voluntarily, esp.

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Bluebook (online)
659 N.E.2d 992, 213 Ill. Dec. 646, 277 Ill. App. 3d 74, 1995 Ill. App. LEXIS 974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ferrell-illappct-1995.