People v. Kohrig

498 N.E.2d 1158, 113 Ill. 2d 384
Illinois Supreme Court·Decided October 1, 1986·No. 62719, 62799, 63075, 63224 cons·Published·Cited by 40 cases

Opinion

113 Ill.2d 384 (1986)
498 N.E.2d 1158

THE PEOPLE OF THE STATE OF ILLINOIS et al., Appellants,
v.
ELIZABETH J. KOHRIG et al., Appellees.

Nos. 62719, 62799, 63075, 63224 cons.

Supreme Court of Illinois.

Opinion filed October 1, 1986.

*385 *386 *387 *388 *389 Neil F. Hartigan, Attorney General, of Springfield, and Robert W. Matoush, State's Attorney, of Salem (Philip W. Tone, Jerold S. Solovy, Glenn K. Seidenfeld, Barry Levenstam and Kristen E. Lehker, Special Assistant Attorneys General, of Jenner & Block, of Chicago, of counsel), for the People.

R. Edward Veltman, Jr., and John A. Guzzardo, of Centralia, for appellee Elizabeth J. Kohrig.

Robert L. Stern and Stephen M. Shapiro, of Mayer, Brown & Platt, of Chicago, for amici curiae The Illinois Association of Chiefs of Police et al.

William J. Harte, Ltd., of Chicago (William J. Harte, of counsel), for amicus curiae State Representative John Cullerton.

*390 Neil F. Hartigan, Attorney General, of Springfield, and Richard A. Runde, State's Attorney, of Effingham (Philip W. Tone, Jerold S. Solovy, Glenn K. Seidenfeld, Barry Levenstam and Kristen E. Lehker, Special Assistant Attorneys General, of Jenner & Block, of Chicago, of counsel), for the People.

No appearance for appellee.

Robert L. Stern and Stephen M. Shapiro, of Mayer, Brown & Platt, of Chicago, for amici curiae The Illinois Association of Chiefs of Police et al.

William J. Harte, Ltd., of Chicago (William J. Harte, of counsel), for amicus curiae State Representative John Cullerton.

Neil F. Hartigan, Attorney General, of Springfield (Philip W. Tone, Jerold S. Solovy, Glenn K. Seidenfeld, Barry Levenstam and Kristen E. Lehker, Special Assistant Attorneys General, of Jenner & Block, of Chicago, of counsel), for the People.

James J. Hagle, of Zimmerly, Gadau, Selin & Otto, of Champaign, for appellee Regina L. Greene.

Robert L. Stern and Stephen M. Shapiro, of Mayer, Brown & Platt, of Chicago, for amici curiae The Illinois Association of Chiefs of Police et al.

William J. Harte, Ltd., of Chicago (William J. Harte, of counsel), for amicus curiae State Representative John *391 Cullerton.

Neil F. Hartigan, Attorney General, of Springfield (Philip W. Tone, Jerold S. Solovy, Glenn K. Seidenfeld, Barry Levenstam and Kristen E. Lehker, Special Assistant Attorneys General, of Jenner & Block, of Chicago, of counsel), for the People.

Robert L. Stern and Stephen M. Shapiro, of Mayer, Brown & Platt, of Chicago, for amici curiae The Illinois Association of Chiefs of Police et al.

William J. Harte, Ltd., of Chicago (William J. Harte, of counsel), for amicus curiae State Representative John Cullerton.

Motion allowed; judgments reversed; causes remanded.

PER CURIAM:

The defendants in these four consolidated cases were issued traffic citations for failure to wear seat safety belts while operating their motor vehicles on a street or highway in violation of section 12-603.1 of the Illinois Vehicle Code (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 12-603.1 (hereinafter the section)). In each case, the trial court concluded that the section was unconstitutional and dismissed the charge. The State appealed each case directly to this court pursuant to our Rule 302(a) (94 Ill.2d R. 302(a)), and the cases were consolidated for purposes of appeal. Only two of the four defendants — Elizabeth J. Kohrig and Regina L. Greene — have filed briefs in this court; however, various parties have been permitted to file briefs as amicus curiae.

At issue is whether the section, which requires drivers of motor vehicles and their front-seat passengers to wear safety belts when driving on a public highway or *392 street, violates the due process guarantees of the State and Federal constitutions. Ill. Const. 1970, art. I, sec. 2; U.S. Const., amend. XIV, sec. 1.

The section, which became effective on July 1, 1985, provides in part:

"(a) Each driver and front seat passenger of a motor vehicle operated on a street or highway in this State shall wear a properly adjusted and fastened seat safety belt; except that, a child less than 6 years of age shall be protected as required pursuant to the Child Passenger Protection Act. Each driver of a motor vehicle transporting a child 6 years of age or more, but less than 16 years of age, in the front seat of the motor vehicle shall secure the child in a properly adjusted and fastened seat safety belt." (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 12-603.1(a).)

The statute also provides that certain persons are exempt from complying with the seat-belt-use requirement, including persons with a written medical waiver from a physician or government agency; those persons frequently stopping and leaving the vehicle or delivering property from the vehicle if its speed between stops does not exceed 15 miles per hour; and drivers operating a vehicle in reverse. (Ill. Rev. Stat. 1985, ch. 95 1/2, pars. 12-603.1(b)(1), (b)(4).) Certain vehicles also are exempt from the statute's requirements, including motorcycles, motorized pedalcycles, and vehicles manufactured prior to 1965. (Ill. Rev. Stat. 1985, ch. 95 1/2, pars. 12-603.1(b)(5), (b)(9).) Violators of the section are guilty of a "petty offense and subject to a fine not to exceed $25." Ill. Rev. Stat. 1985, ch. 95 1/2, par. 12-603.1(d).

At the outset we note that, in reviewing the constitutionality of Illinois' mandatory-seat-belt law, this court does not join in the debate over whether the law is desirable or necessary. Our nation was founded in large part on the democratic principle that the powers of government are to be exercised by the people through their *393 elected representatives in the legislature, subject only to certain constitutional limitations. Although this court has never hesitated to invalidate laws that it believes to be unconstitutional, we emphasize that our role is a limited one. The issue here is "not what the legislature should do but what the legislature can do." City of Wichita v. White (1970), 205 Kan. 408, 409, 469 P.2d 287, 288.

Defendant Greene contends that the section violates her fundamental right to privacy protected by the due process clause of the fourteenth amendment. (U.S. Const., amend. XIV, sec. 2.) Additionally, both defendants argue that the section is beyond the police powers of the legislature and thus violates the due process clauses of the State and Federal constitutions. We first turn to the issue of whether the section violates defendants' fundamental right to privacy protected by the fourteenth amendment.

Regulations that limit a person's constitutional right to privacy may be justified only by a "`compelling state interest,'" and the legislation "must be narrowly drawn to express only the legitimate state interests at stake." (Roe v. Wade (1973), 410 U.S. 113, 155, 35 L.Ed.2d 147, 178, 93 S.Ct. 705, 728. See also Carey v. Population Services International (1977), 431 U.S. 678, 686, 52 L.Ed.2d 675, 685, 97 S.Ct.

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