People v. O'BRIEN

754 N.E.2d 327, 197 Ill. 2d 88, 257 Ill. Dec. 669
CourtIllinois Supreme Court
DecidedJuly 26, 2001
Docket90390
StatusPublished

This text of 754 N.E.2d 327 (People v. O'BRIEN) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. O'BRIEN, 754 N.E.2d 327, 197 Ill. 2d 88, 257 Ill. Dec. 669 (Ill. 2001).

Opinion

754 N.E.2d 327 (2001)
197 Ill.2d 88
257 Ill.Dec. 669

The PEOPLE of the State of Illinois, Appellant,
v.
Lewis O'BRIEN, Appellee.

No. 90390.

Supreme Court of Illinois.

July 26, 2001.

*328 James E. Ryan, Attorney General, Springfield, and John C. Piland, State's Attorney, Urbana (Joel D. Bertocchi, Solicitor General, William L. Browers, Russell K. Benton, Assistant Attorneys General, Chicago, Norbert J. Goetten, Robert J. Biderman, Kathy Shepard, Office of the State's Attorneys Appellate Prosecutor, Springfield, of counsel), for the People.

James Kuehl, of Thomas A. Bruno & Associates, Urbana, for appellee.

Justice THOMAS delivered the opinion of the court:

The issue presented in this appeal is whether section 3-707 of the Illinois Vehicle Code (625 ILCS 5/3-707 (West 1998)), which prohibits the operation of an uninsured motor vehicle, is an absolute liability offense. We hold that it is.

BACKGROUND

Defendant, Lewis O'Brien, was charged by traffic citation with violating section 3-707 of the Illinois Vehicle Code (the Code). Section 3-707 provides, in relevant part:

"No person shall operate a motor vehicle unless the motor vehicle is covered by a liability insurance policy in accordance with Section 7-601 of this Code.
Any person who fails to comply with a request by a law enforcement officer for display of evidence of insurance, as required under Section 7-602 of this Code, shall be deemed to be operating an uninsured motor vehicle.
Any operator of a motor vehicle subject to registration under this Code who is convicted of violating this Section is guilty of a business offense and shall be required to pay a fine in excess of $500, but not more than $1,000. However, no person charged with violating this Section shall be convicted if such person produces in court satisfactory evidence that at the time of the arrest the motor vehicle was covered by a liability insurance policy in accordance with Section 7-601 of this Code." 625 ILCS 5/3-707 (West 1998).

The sole witness at defendant's bench trial was Officer Stephen Mechling of the University of Illinois police department. Officer Mechling testified that, on June 10, 1999, he stopped defendant's vehicle because the license plate registration sticker on that vehicle had expired. Defendant explained that he had borrowed the car and therefore did not know that the sticker had expired. Officer Mechling then asked defendant whether the vehicle was insured, and defendant stated that he did not know. When defendant was unable to produce proof that the car was insured, Officer Mechling issued defendant a citation for operating an uninsured motor vehicle.

Defendant moved for a directed verdict. In that motion, defendant conceded that, if section 3-707 is an absolute liability offense, the State had established a prima *329 facie case. Defendant argued, however, that section 3-707 is not an absolute liability offense but instead requires proof of a culpable mental state. According to defendant, because the State failed to prove that defendant either knew or should have known that the borrowed vehicle was uninsured, the State failed to prove defendant guilty of violating section 3-707. The trial court denied defendant's motion, holding that section 3-707 is an absolute liability offense. When no additional evidence was presented, the trial court found defendant guilty and imposed a fine of $501 plus court costs.

Defendant appealed, and the appellate court reversed his conviction (316 Ill.App.3d 219, 249 Ill.Dec. 445, 736 N.E.2d 639). In doing so, the appellate court held that neither the plain language of nor the public policy underlying section 3-707 justifies the imposition of absolute liability. 316 Ill.App.3d at 222-24, 249 Ill.Dec. 445, 736 N.E.2d 639. We allowed the State's petition for leave to appeal. 177 Ill.2d R. 315(a).

ANALYSIS

The issue in this case is whether section 3-707 creates an absolute liability offense. When construing a statute, this court's primary objective is to ascertain and give effect to the legislature's intent. Boaden v. Department of Law Enforcement, 171 Ill.2d 230, 237, 215 Ill.Dec. 664, 664 N.E.2d 61 (1996). We begin with the language of the statute, which must be given its plain and ordinary meaning. Davis v. Toshiba Machine Co., America, 186 Ill.2d 181, 184, 237 Ill.Dec. 769, 710 N.E.2d 399 (1999). Where the language is clear and unambiguous, we will apply the statute without resort to further aids of statutory construction. Davis, 186 Ill.2d at 185, 237 Ill.Dec. 769, 710 N.E.2d 399. One of the fundamental principles of statutory construction is to view all provisions of an enactment as a whole. Michigan Avenue National Bank v. County of Cook, 191 Ill.2d 493, 504, 247 Ill.Dec. 473, 732 N.E.2d 528 (2000). Words and phrases should not be construed in isolation, but must be interpreted in light of other relevant provisions of the statute. Michigan Avenue National Bank, 191 Ill.2d at 504, 247 Ill.Dec. 473, 732 N.E.2d 528. The standard of review on questions of statutory interpretation is de novo. Michigan Avenue National Bank, 191 Ill.2d at 503, 247 Ill.Dec. 473, 732 N.E.2d 528.

Turning to section 3-707, we begin our analysis with the guidelines set forth by the legislature in section 4-9 of the Criminal Code of 1961 (the Criminal Code) (720 ILCS 5/4-9 (West 1998)). Section 4-9 states:

"A person may be guilty of an offense without having, as to each element thereof, one of the mental states described in Sections 4-4 through 4-7 if the offense is a misdemeanor which is not punishable by incarceration or by a fine exceeding $500, or the statute defining the offense clearly indicates a legislative purpose to impose absolute liability for the conduct described." 720 ILCS 5/4-9 (West 1998).

This section applies to all criminal penalty provisions, including those outside the Criminal Code of 1961. People v. Gean, 143 Ill.2d 281, 285, 158 Ill.Dec. 5, 573 N.E.2d 818 (1991).

As we noted in Gean, the committee comments to section 4-9 reveal that the legislature intended to limit the scope of absolute liability. Gean, 143 Ill.2d at 285-86, 158 Ill.Dec. 5, 573 N.E.2d 818. Those comments read, in relevant part:

"This section is intended to establish, as an expression of general legislative intent, rather strict limitations upon the interpretation that mental state is not an *330

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Cite This Page — Counsel Stack

Bluebook (online)
754 N.E.2d 327, 197 Ill. 2d 88, 257 Ill. Dec. 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-obrien-ill-2001.