NO. 4-05-0913 Filed 3/13/07
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from Plaintiff-Appellant, ) Circuit Court of v. ) Moultrie County CHRISTOPHER S. KENNEDY, ) No. 05CF46 Defendant-Appellee. ) ) Honorable ) Dan L. Flannell, ) Judge Presiding.
JUSTICE McCULLOUGH delivered the opinion of the court:
On May 10, 2005, defendant, Christopher S. Kennedy, was
charged by information with driving while his driver's license
was suspended (enhanced sentence), a Class 4 felony, pursuant to
section 6-303(d-3) of the Illinois Vehicle Code (Code) (625 ILCS
5/6-303(d-3) (West 2004)). On October 28, 2005, defendant filed
a motion to dismiss, arguing he was not subject to the enhanced
penalties under that section. The trial court granted
defendant's motion, and the State appeals. For the reasons that
follow, we reverse the trial court's ruling.
Defendant's license was first suspended in 1999. Since
1999, defendant has been arrested eight separate times for
driving while his license was suspended or revoked, including a
statutory summary suspension pursuant to section 5-501.1 of the
Code (625 ILCS 5/5-501.1 (West 2004)). According to defendant's
driver's license file, the statutory summary suspension was in effect May 6, 2005. On May 10, 2005, defendant was charged with
driving while his driver's license was suspended (enhanced
sentence) in violation of section 6-303(a) of the Code (625 ILCS
5/6-303(a) (West 2004)), subject to an enhanced penalty pursuant
to section 6-303(d-3) of the Code.
Defendant filed a motion to dismiss, arguing the State
improperly charged him with a Class 4 felony. According to
defendant's interpretation of the statute, subsection (d-3)'s
Class 4 felony classification only applies if a person has been
convicted of one of the listed offenses for a fourth or
subsequent time. Defendant argues he is not subject to
subsection (d-3). The trial court granted defendant's motion,
stating:
"I am going to rule that the statutory
language and scheme is not sufficiently clear
to allow the State to pursue the felony
classification for this particular defendant.
I am going to grant the [m]otion [t]o
[d]ismiss the felony count and direct that
the Court, if in fact there is conviction
entered, will sentence the defendant under
the general Class A misdemeanor provisions of
the statute contained in 6-303(a). It is
simply too confusing. It is contradictory in
- 2 - its terms in (c)(1) versus (d)[,] and in
(c)(1) versus the initial paragraph of
subsection (c) of 6-303. And I am going to
so rule."
The State appeals, arguing the plain language of the statute
dictates that an individual who is convicted for a fourth or
subsequent violation of section 6-303, and the present offense
was committed while that individual's license was suspended or
revoked for one of the enumerated factors set forth in subsection
(d-3), is guilty of a Class 4 felony. We agree.
"The primary rule of statutory construction is to
ascertain and give effect to the legislature's intent." People
v. Roland, 351 Ill. App. 3d 1012, 1015, 815 N.E.2d 972, 974
(2004). The best evidence of the legislature's intent is the
plain language of the statute. Roland, 351 Ill. App. 3d at 1015,
815 N.E.2d at 974. Where the statutory language is clear and
unambiguous, its plain meaning will be given effect. Roland, 351
Ill. App. 3d at 1015, 815 N.E.2d at 974. The interpretation of a
statute is reviewed de novo. Roland, 351 Ill. App. 3d at 1015,
815 N.E.2d at 974.
The interpretation of section 6-303(d-3) is a matter of
first impression. The language of this section is not ambiguous
and should be given its plain meaning. The statute at issue
reads, in pertinent part, as follows:
- 3 - "(a) Any person who drives or is in
actual physical control of a motor vehicle on
any highway of this State at a time when such
person's driver's license *** is revoked or
suspended as provided by this Code or the law
of another state *** shall be guilty of a
Class A misdemeanor.
* * *
(d-3) Any person convicted of a fourth
or subsequent violation of this Section is
guilty of a Class 4 felony and must serve a
minimum term of imprisonment of 180 days if
the revocation or suspension was for a
violation of Section 11-401 or 11-501 of this
Code, or a similar out-of-state offense, or a
similar provision of a local ordinance, a
violation of Section 9-3 of the Criminal Code
of 1961, relating to the offense of reckless
homicide, *** or a statutory summary
suspension under Section 11-501.1 of this
Code." 625 ILCS 5/6-303 (West 2004).
We hold that section 6-303(d-3) of the Code is not
ambiguous. Clearly, the term "this Section" as used in
subsection (d-3) refers to section 6-303. The use of the
- 4 - capitalized "s" supports this conclusion. Further, if the
legislature had intended to condition a Class 4 felony on the
commission of four or more violations of subsection (d-3), it
could have so stated. In fact, in other parts of section 6-303,
the legislature referenced specific subsections. See 625 ILCS
5/6-303(c-1), (d-1) (West 2004).
Although inartfully organized, what the legislature has
created in 6-303 are two sets of penalty schemes for those
individuals convicted of driving while their license is revoked
or suspended. The first set of penalties applies to those
individuals convicted of driving while their license is suspended
or revoked and the suspension or revocation was not the result of
a violation of section 11-401, 11-501, or 11-501.1 of the Code or
section 9-3 of the Criminal Code of 1961. An individual who
falls in this category is guilty of a Class A misdemeanor. See
625 ILCS 5/6-303(a) (West 2004). An individual who is convicted
of driving while his license is suspended or revoked a second
time and the suspension or revocation was not the result of a
violation of section 11-401, 11-501, or 11-501.1 of the Code or
section 9-3 of the Criminal Code of 1961, must serve 100 hours'
community service. See 625 ILCS 5/6-303(c-1) (West 2004). An
individual who is convicted of driving while his license is
suspended or revoked for a third or subsequent time and the
suspension or revocation was not the result of a violation of
- 5 - section 11-401, 11-501, or 11-501.1 of the Code or section 9-3 of
the Criminal Code of 1961 must serve 30 days in jail or perform
300 hours' community service. See 625 ILCS 5/6-303(d-1) (West
2004).
The second set of penalties applies to an individual
who has been convicted of driving while his license is suspended
or revoked and the suspension or revocation was the result of a
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NO. 4-05-0913 Filed 3/13/07
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from Plaintiff-Appellant, ) Circuit Court of v. ) Moultrie County CHRISTOPHER S. KENNEDY, ) No. 05CF46 Defendant-Appellee. ) ) Honorable ) Dan L. Flannell, ) Judge Presiding.
JUSTICE McCULLOUGH delivered the opinion of the court:
On May 10, 2005, defendant, Christopher S. Kennedy, was
charged by information with driving while his driver's license
was suspended (enhanced sentence), a Class 4 felony, pursuant to
section 6-303(d-3) of the Illinois Vehicle Code (Code) (625 ILCS
5/6-303(d-3) (West 2004)). On October 28, 2005, defendant filed
a motion to dismiss, arguing he was not subject to the enhanced
penalties under that section. The trial court granted
defendant's motion, and the State appeals. For the reasons that
follow, we reverse the trial court's ruling.
Defendant's license was first suspended in 1999. Since
1999, defendant has been arrested eight separate times for
driving while his license was suspended or revoked, including a
statutory summary suspension pursuant to section 5-501.1 of the
Code (625 ILCS 5/5-501.1 (West 2004)). According to defendant's
driver's license file, the statutory summary suspension was in effect May 6, 2005. On May 10, 2005, defendant was charged with
driving while his driver's license was suspended (enhanced
sentence) in violation of section 6-303(a) of the Code (625 ILCS
5/6-303(a) (West 2004)), subject to an enhanced penalty pursuant
to section 6-303(d-3) of the Code.
Defendant filed a motion to dismiss, arguing the State
improperly charged him with a Class 4 felony. According to
defendant's interpretation of the statute, subsection (d-3)'s
Class 4 felony classification only applies if a person has been
convicted of one of the listed offenses for a fourth or
subsequent time. Defendant argues he is not subject to
subsection (d-3). The trial court granted defendant's motion,
stating:
"I am going to rule that the statutory
language and scheme is not sufficiently clear
to allow the State to pursue the felony
classification for this particular defendant.
I am going to grant the [m]otion [t]o
[d]ismiss the felony count and direct that
the Court, if in fact there is conviction
entered, will sentence the defendant under
the general Class A misdemeanor provisions of
the statute contained in 6-303(a). It is
simply too confusing. It is contradictory in
- 2 - its terms in (c)(1) versus (d)[,] and in
(c)(1) versus the initial paragraph of
subsection (c) of 6-303. And I am going to
so rule."
The State appeals, arguing the plain language of the statute
dictates that an individual who is convicted for a fourth or
subsequent violation of section 6-303, and the present offense
was committed while that individual's license was suspended or
revoked for one of the enumerated factors set forth in subsection
(d-3), is guilty of a Class 4 felony. We agree.
"The primary rule of statutory construction is to
ascertain and give effect to the legislature's intent." People
v. Roland, 351 Ill. App. 3d 1012, 1015, 815 N.E.2d 972, 974
(2004). The best evidence of the legislature's intent is the
plain language of the statute. Roland, 351 Ill. App. 3d at 1015,
815 N.E.2d at 974. Where the statutory language is clear and
unambiguous, its plain meaning will be given effect. Roland, 351
Ill. App. 3d at 1015, 815 N.E.2d at 974. The interpretation of a
statute is reviewed de novo. Roland, 351 Ill. App. 3d at 1015,
815 N.E.2d at 974.
The interpretation of section 6-303(d-3) is a matter of
first impression. The language of this section is not ambiguous
and should be given its plain meaning. The statute at issue
reads, in pertinent part, as follows:
- 3 - "(a) Any person who drives or is in
actual physical control of a motor vehicle on
any highway of this State at a time when such
person's driver's license *** is revoked or
suspended as provided by this Code or the law
of another state *** shall be guilty of a
Class A misdemeanor.
* * *
(d-3) Any person convicted of a fourth
or subsequent violation of this Section is
guilty of a Class 4 felony and must serve a
minimum term of imprisonment of 180 days if
the revocation or suspension was for a
violation of Section 11-401 or 11-501 of this
Code, or a similar out-of-state offense, or a
similar provision of a local ordinance, a
violation of Section 9-3 of the Criminal Code
of 1961, relating to the offense of reckless
homicide, *** or a statutory summary
suspension under Section 11-501.1 of this
Code." 625 ILCS 5/6-303 (West 2004).
We hold that section 6-303(d-3) of the Code is not
ambiguous. Clearly, the term "this Section" as used in
subsection (d-3) refers to section 6-303. The use of the
- 4 - capitalized "s" supports this conclusion. Further, if the
legislature had intended to condition a Class 4 felony on the
commission of four or more violations of subsection (d-3), it
could have so stated. In fact, in other parts of section 6-303,
the legislature referenced specific subsections. See 625 ILCS
5/6-303(c-1), (d-1) (West 2004).
Although inartfully organized, what the legislature has
created in 6-303 are two sets of penalty schemes for those
individuals convicted of driving while their license is revoked
or suspended. The first set of penalties applies to those
individuals convicted of driving while their license is suspended
or revoked and the suspension or revocation was not the result of
a violation of section 11-401, 11-501, or 11-501.1 of the Code or
section 9-3 of the Criminal Code of 1961. An individual who
falls in this category is guilty of a Class A misdemeanor. See
625 ILCS 5/6-303(a) (West 2004). An individual who is convicted
of driving while his license is suspended or revoked a second
time and the suspension or revocation was not the result of a
violation of section 11-401, 11-501, or 11-501.1 of the Code or
section 9-3 of the Criminal Code of 1961, must serve 100 hours'
community service. See 625 ILCS 5/6-303(c-1) (West 2004). An
individual who is convicted of driving while his license is
suspended or revoked for a third or subsequent time and the
suspension or revocation was not the result of a violation of
- 5 - section 11-401, 11-501, or 11-501.1 of the Code or section 9-3 of
the Criminal Code of 1961 must serve 30 days in jail or perform
300 hours' community service. See 625 ILCS 5/6-303(d-1) (West
2004).
The second set of penalties applies to an individual
who has been convicted of driving while his license is suspended
or revoked and the suspension or revocation was the result of a
violation of sections 11-401, 11-501, or 11-501.1 of the Code or
section 9-3 of the Criminal Code of 1961. Such an individual
must serve either 10 days in jail or perform 30 days' community
service. See 625 ILCS 5/6-303(c) (West 2004). An individual who
is convicted of driving while his license is suspended or revoked
a second time and the suspension or revocation was the result of
a violation of section 11-401, 11-501, or 11-501.1 of the Code or
section 9-3 of the Criminal Code of 1961, is guilty of a Class 4
felony and must serve 30 days in jail or perform 300 hours'
community service. See 625 ILCS 5/6-303(d) (West 2004). An
suspended or revoked a third time and the suspension or
revocation was the result of a violation of sections 11-401, 11-
501, or 11-501.1 of the Code or section 9-3 of the Criminal Code
of 1961 is guilty of a Class 4 felony and must serve a minimum of
30 days in jail. See 625 ILCS 5/6-303(d-2) (West 2004). An
- 6 - suspended or revoked a fourth or subsequent time and the
suspension or revocation was the result of a violation of section
11-401, 11-501, or 11-501.1 of the Code or section 9-3 of the
Criminal Code of 1961 is guilty of a Class 4 felony and must
serve a minimum of 180 days in jail. See 625 ILCS 5/6-303(d-3)
(West 2004).
An individual who has been convicted of driving while
his license is suspended or revoked a fourth time, regardless of
the reason for the underlying suspension or revocation, can be
subject to the seizure of his license plates or the
immobilization of his vehicle. See 625 ILCS 5/6-303(c-2) (West
Defendant was charged with driving while his license
was suspended or revoked. His license was suspended because of a
statutory summary suspension. Prior to receiving the statutory
summary suspension, defendant had been convicted on eight
occasions of driving while his license was suspended or revoked.
Under the plain language of the statute, defendant was properly
charged with a Class 4 felony pursuant to section 6-303(d-3) of
the Code.
For the foregoing reasons, we reverse the trial court's
judgment.
Reversed.
STEIGMANN and APPLETON, JJ., concur.
- 7 - - 8 -