People v. Logan

705 N.E.2d 152, 302 Ill. App. 3d 319, 235 Ill. Dec. 539, 1998 Ill. App. LEXIS 927
CourtAppellate Court of Illinois
DecidedDecember 31, 1998
Docket3-97-0885
StatusPublished
Cited by44 cases

This text of 705 N.E.2d 152 (People v. Logan) 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. Logan, 705 N.E.2d 152, 302 Ill. App. 3d 319, 235 Ill. Dec. 539, 1998 Ill. App. LEXIS 927 (Ill. Ct. App. 1998).

Opinion

PRESIDING JUSTICE GEIGER

delivered the opinion of the court:

The defendant, Carl Logan, appeals from the April 17, 1997, order of the circuit court of Du Page County denying his motion to dismiss his indictment which charged him with the offense of unlawful failure to register as a sex offender (730 ILCS 150/3 (West 1996)). Following a bench trial, he was convicted of the charged offense and was sentenced to 60 days’ imprisonment and 30 months’ probation. He now appeals, arguing that the Sex Offender Registration Act (730 ILCS 150/1 et seq. (West Supp. 1997)) and the Sex Offender and Child Murderer Community Notification Law (730 ILCS 152/101 et seq. (West Supp. 1997)) are unconstitutional in that they (1) violate the ex post facto clauses of the United States and Illinois Constitutions (U.S. Const., art. I, § 10, cl. 1; Ill. Const. 1970, art. I, § 16); (2) constitute bills of attainder; (3) violate his right to due process; (4) violate the terms of his plea agreement; (5) are fundamentally unfair; and (6) violate his right to privacy.

I. FACTS

On October 2, 1996, the defendant was charged by indictment with the offense of unlawful failure to register as a sex offender (730 ILCS 150/3 (West 1996)). The indictment alleged that the defendant failed to register as a sex offender within 30 days of moving to Westmont. On December 2, 1996, the defendant filed a motion to dismiss his indictment, raising essentially the same issues noted above. According to the defendant’s motion, he was convicted of a sex offense in 1990 and was subsequently sentenced to the Department of Corrections. He was released from prison in 1992. The defendant argued that, although the Sex Offender Registration Act (730 ILCS 150/1 et seq. (West 1996)) was enacted after his conviction, he was nonetheless required to register under its provisions.

Following a hearing, the trial court denied the defendant’s motion to dismiss the indictment. In so ruling, the trial court relied upon People v. Adams, 144 Ill. 2d 381 (1991), wherein the Illinois Supreme Court upheld the Habitual Child Sex Offender Registration Act (Ill. Rev. Stat. 1987, ch. 38, pars. 221 through 230) against eighth amendment and due process challenges. The trial court also noted that, in People v. Starnes, 273 Ill. App. 3d 911 (1995), the Illinois Appellate Court, First District, upheld the retroactive application of the Child Sex Offender Registration Act (730 ILCS 150/1 et seq. (West 1994)) after determining that the Act did not impose an unconstitutional restraint on liberty or property.

On August 26, 1997, the defendant was convicted of the offense of unlawful failure to register as a sex offender. Following the denial of his posttrial motion, the defendant filed a timely notice of appeal.

II. REVIEW OF THE REGISTRATION ACT AND NOTIFICATION LAW

A. The 1986 Registration Act

The legislature enacted this state’s first sex offender registration law in 1986 and has since amended the law several times. The first registration law enacted in 1986 was entitled the Habitual Child Sex Offender Registration Act (Habitual Registration Act) (Ill. Rev. Stat. 1987, ch. 38, pars. 221 through 230). The Habitual Registration Act required the registration of any person who, after July 1, 1986, was convicted of at least two sex crimes against a victim under the age of 18. Ill. Rev. Stat. 1987, ch. 38, pars. 221(A), (B)(1), 223.

Our supreme court considered the constitutionality of the Habitual Registration Act in People v. Adams, 144 Ill. 2d 381 (1991). In Adams, the defendant argued that the registration requirements denied him his right to due process and constituted cruel and unusual punishment in violation of the eighth amendment. Adams, 144 Ill. 2d at 385-86. The court rejected the defendant’s due process argument, holding that the registration requirements provided a reasonable method of accomplishing the legislature’s desired objective of protecting children. Adams, 144 Ill. 2d at 390.

In addition, the supreme court also rejected the defendant’s eighth amendment argument, holding that the registration requirement did not constitute cruel and unusual punishment. Adams, 144 Ill. 2d at 389. In so ruling, the supreme court noted that the legislative history of the Act indicated that its purpose was to protect children and was therefore nonpenal. Adams, 144 Ill. 2d at 387. Moreover, the court explained that the registration requirement was not severe in comparison to the potential alternative of spending an extended period of time in prison. Adams, 144 Ill. 2d at 387-88. The court therefore concluded that the Habitual Registration Act did not constitute cruel and unusual punishment under the eighth amendment. Adams, 144 Ill. 2d at 389.

B. The 1993 Registration Act

Effective January 1, 1993, the Habitual Registration Act was amended, and its title became the Child Sex Offender Registration Act (730 ILCS 150/1 et seq. (West 1994)). This act required the registration of (1) all child sex offenders who, after July 1986, had been convicted of at least two sex crimes; or (2) any person, who after January 1, 1993, had been convicted of a first sex offense against a victim under the age of 18. 730 ILCS 150/2, 3 (West 1994).

In People v. Starnes, 273 Ill. App. 3d 911 (1995), the defendant argued that the registration requirements of the Child Sex Offender Registration Act constituted punishment in violation of state and federal ex post facto clauses. Starnes, 273 Ill. App. 3d at 913. In 1994, the defendant in Starnes was convicted of a sex offense that took place from 1990 to 1991. Starnes, 273 Ill. App. 3d at 912. The defendant argued that, at the time of the offense, the Habitual Registration Act required registration only after conviction of a second offense. However, because he was convicted of the sex offense after the effective'date of the Child Sex Offender Registration Act, he was required to register after conviction of a first offense. Starnes, 273 Ill. App. 3d at 913.

On appeal, the Appellate Court, First District, determined that the defendant had waived his ex post facto argument as he failed to raise the issue in the trial court. Starnes, 273 Ill. App. 3d at 914. Notwithstanding this determination, the court stated that, even if the issue had not been waived, the defendant would not prevail as the registration provisions did not constitute punishment in violation of the ex post facto clause. Starnes, 273 Ill. App. 3d at 915. The court in Starnes noted that the Child Sex Offender Registration Act only required a convicted child sex offender to fill out a form informing police of his address and determined that such a requirement did not constitute punishment. Starnes, 273 Ill. App. 3d at 915.

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

Related

In re A.C.
2016 IL App (1st) 153047 (Appellate Court of Illinois, 2016)
People v. Black
2012 IL App (1st) 101817 (Appellate Court of Illinois, 2012)
People v. Cardona
2012 IL App (2d) 100542 (Appellate Court of Illinois, 2012)
People ex rel. Z.B.
2008 SD 108 (South Dakota Supreme Court, 2008)
People, in Interest of Zb
2008 SD 108 (South Dakota Supreme Court, 2008)
People v. Traven C.
894 N.E.2d 876 (Appellate Court of Illinois, 2008)
In Re TC
894 N.E.2d 876 (Appellate Court of Illinois, 2008)
People v. Carter
877 N.E.2d 446 (Appellate Court of Illinois, 2007)
People v. Stanley
Appellate Court of Illinois, 2006
People v. Caballes
851 N.E.2d 26 (Illinois Supreme Court, 2006)
People v. Phillip C.
364 Ill. App. 3d 822 (Appellate Court of Illinois, 2006)
In Re Phillip C.
847 N.E.2d 801 (Appellate Court of Illinois, 2006)
People v. Johnson
843 N.E.2d 434 (Appellate Court of Illinois, 2006)
People v. Cornelius
821 N.E.2d 288 (Illinois Supreme Court, 2004)
People v. Grochocki - New Dissent
Appellate Court of Illinois, 2003
People v. Grochocki
796 N.E.2d 153 (Appellate Court of Illinois, 2003)
In Re JR
793 N.E.2d 687 (Appellate Court of Illinois, 2003)
State v. Armbrust
59 P.3d 1000 (Supreme Court of Kansas, 2002)
People v. Marsh
768 N.E.2d 108 (Appellate Court of Illinois, 2002)
Dean v. State
60 S.W.3d 217 (Court of Appeals of Texas, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
705 N.E.2d 152, 302 Ill. App. 3d 319, 235 Ill. Dec. 539, 1998 Ill. App. LEXIS 927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-logan-illappct-1998.