People v. Johnson

870 N.E.2d 415, 225 Ill. 2d 573, 312 Ill. Dec. 350, 2007 Ill. LEXIS 858
Illinois Supreme Court·Decided May 24, 2007·No. 102096·Published·Cited by 100 cases

Opinions

JUSTICE FITZGERALD

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Garman and Karmeier concurred in the judgment and opinion.

Justice Burke dissented, with opinion, joined by Justices Freeman and Kilbride.

OPINION

The central issue in this case is whether the Sex Offender Registration Act (730 ILCS 150/1 et seq. (West 2000)) violates due process because it required the defendant, Charles Johnson, to register as a sex offender after he was convicted, in the circuit court of Cook County, of aggravated kidnapping of a minor. See 720 ILCS 5/10 — 2 (West 2000). The State appeals the decision of the appellate court that the Act was unconstitutional as applied to the defendant. 363 Ill. App. 3d 356. For the reasons that follow, we reverse and remand.

BACKGROUND

In 1986, the General Assembly enacted the Habitual Child Sex Offender Registration Act, which required persons convicted of sex offenses against children to register with local law enforcement. Ill. Rev. Stat. 1987, ch. 38, par. 221 et seq. In 1996, the statute was renamed the Sex Offender Registration Act and expanded to include certain sex offenses against adults, as well as nonsexual offenses against children. See 730 ILCS 150/1 et seq. (West 1996). Section 2(A)(1)(a) of the Act defined “sex offender” as a person charged with and convicted of an enumerated sex offense. 730 ILCS 150/2(A)(l)(a) (West 2002). Section 2(B)(1.5) of the Act included, in its definition of “sex offense,” aggravated kidnapping “when the victim is a person under 18 years of age, the defendant is not a parent of the victim, and the offense was committed on or after January 1, 1996.” 730 ILCS 150/ 2(B)(1.5) (West 2002). A person convicted of a sex offense must register as a sex offender with local law enforcement. See 730 ILCS 150/3 (West 2002).

On October 23, 1999, the defendant and four accomplices kidnapped Elmora Kimbrough and her 20-month-old granddaughter and demanded a ransom from Kimbrough’s son. Two of the accomplices were arrested when they attempted to collect the ransom, and they led the police to a van where the victims and the defendant were found. The defendant was arrested and later indicted on one count of armed robbery, one count of armed violence, one count of possession of a stolen motor vehicle, one count of aggravated battery, nine counts of aggravated kidnapping, and three counts of unlawful use of a weapon.

On December 14, 2001, the defendant entered open guilty pleas to the armed robbery of Kimbrough and the aggravated kidnapping of her granddaughter, and the State dismissed the remaining counts against him. The trial court found a factual basis for the guilty pleas, and the defendant became subject to the registration requirements of the Act as a person charged with and convicted of aggravated kidnapping of a minor by a nonparent. At the sentencing hearing, the trial court reviewed the facts of this case and noted that Kimbrough had been undressed and bound during the kidnapping in order to control her, but that there were no sexual assault allegations. On January 29, 2002, the defendant was sentenced to concurrent terms of 17 years’ imprisonment for each offense. He appealed.

The appellate court determined that the defendant received negotiated plea admonishments under Supreme Court Rule 605(c), rather than open plea admonishments under Rule 605(b) (see 210 Ill. 2d R. 605(b)), and remanded for compliance with that rule. People v. Johnson, No. 1 — 02—2531 (2003) (unpublished order under Supreme Court Rule 23). On remand, the trial court admonished the defendant in accordance with Rule 605(b) and denied the defendant’s pro se “motion to correct a void sentence” and “motion requesting reconsideration and reduction of sentence.” In its ruling the court repeated that there were no sexual assault allegations: Kimbrough “was held, and at one time all her clothes were taken off ***, I guess as part of controlling her they made her take all her clothes off.” The defendant appealed, raising for the first time the constitutionality of the Act.

The appellate court determined that defense counsel failed to file a certificate under Supreme Court Rule 604(d) (see 210 Ill. 2d R. 604(d)), and again remanded for compliance with that rule. 363 Ill. App. 3d at 360. The appellate court further held that the Act, as applied to the defendant, violated the due process clauses of the federal and state constitutions. 363 Ill. App. 3d at 363-64. The appellate court found, “The record indicates that defendant’s offense of aggravated kidnaping was not sexually motivated.” 363 Ill. App. 3d at 363. Consequently, concluded the court, there was no rational relationship between the defendant’s designation as a sex offender and the state’s interest in protecting the public. 363 Ill. App. 3d at 363.

Justice Wolfson concurred with the majority’s decision to remand the cause for a Rule 604(d) certificate, but he dissented on the constitutional issue. 363 Ill. App. 3d at 364 (Wolfson, J., specially concurring in part and dissenting in part). According to Justice Wolfson,

“It is the nature of the crime — kidnaping a child — that triggers the Registration Act provisions. ***
*** Once an offender makes the decision to commit the aggravated kidnaping of a child, there is a very real possibility the child will become a victim of sexual abuse. Our reports are filled with such cases.
In this case the crime was interrupted while it was in progress. The child was being held in a stolen van when the police arrived. The legislature has the authority to protect children from such an offender. Requiring him to register his name and address with law enforcement officials does not offend due process of law.” 363 Ill. App. 3d at 364-65 (Wolfson, J., specially concurring in part and dissenting in part).

ANALYSIS

After we allowed the State’s petition for leave to appeal, Public Act 94 — 945 was adopted. Effective June 27, 2006, Public Act 94 — 945 amended section 2(B)(1.5) and redefined the term “sex offense” under the Act. Section 2(B)(1.5) of the Act now includes, in its definition of sex offense, aggravated kidnapping “when the victim is a person under 18 years of age, the defendant is not a parent of the victim, the offense was sexually motivated as defined in Section 10 of the Sex Offender Management Board Act, and the offense was committed on or after January 1, 1996.” (Emphasis added.) Pub. Act 94 — 945, §1025, eff. June 27, 2006 (amending 730 ILCS 150/ 2(B)(1.5)).

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Johnson, 870 N.E.2d 415, 225 Ill. 2d 573, 312 Ill. Dec. 350, 2007 Ill. LEXIS 858 (Ill. 2007).

870 N.E.2d 415 (People v. Johnson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Cadengo
2025 IL App (4th) 240568-U (Appellate Court of Illinois, 2025)
Doe v. Lee
M.D. Tennessee, 2024
People of Michigan v. Cora Ladane Lymon
Michigan Supreme Court, 2024
Kopf v. Kelly
2024 IL 127464 (Illinois Supreme Court, 2024)
Rowe v. Raoul
2023 IL 129248 (Illinois Supreme Court, 2023)
People v. Villareal
2022 IL 127318 (Illinois Supreme Court, 2023)
People v. Castellanos
2021 IL App (2d) 190565-U (Appellate Court of Illinois, 2021)
People v. Thomas
2020 IL App (1st) 181060-U (Appellate Court of Illinois, 2020)
John Crane Inc. v. AIU Insurance Co.
2020 IL App (1st) 180223 (Appellate Court of Illinois, 2020)
BMM North America, Inc. v. Illinois Gaming Board
2020 IL App (1st) 190710-U (Appellate Court of Illinois, 2020)
Piccioli v. Board of Trustees of the Teachers' Retirement System
2019 IL 122905 (Illinois Supreme Court, 2019)
People v. Stevens
2018 IL App (4th) 150871 (Appellate Court of Illinois, 2018)
Drury v. Village of Barrington Hills
2018 IL App (1st) 173042 (Appellate Court of Illinois, 2018)
People v. Pepitone
2018 IL 122034 (Illinois Supreme Court, 2018)
People v. McClenton
2017 IL App (3d) 160387 (Appellate Court of Illinois, 2018)
People v. Pearse
2017 IL 121072 (Illinois Supreme Court, 2018)
State of Arizona v. Craig Victor Coleman
385 P.3d 420 (Court of Appeals of Arizona, 2016)
People v. Rizzo
2016 IL 118599 (Illinois Supreme Court, 2016)
People v. Armstrong
2016 IL App (2d) 140358 (Appellate Court of Illinois, 2016)
Accel Entertainment Gaming, LLC v. Village of Elmwood Park
2015 IL App (1st) 143822 (Appellate Court of Illinois, 2015)