People v. O'Brien

736 N.E.2d 639, 316 Ill. App. 3d 219, 249 Ill. Dec. 445, 2000 Ill. App. LEXIS 750
Appellate Court of Illinois·Decided September 12, 2000·No. 4-99-0992 Rel·Published·Cited by 1 cases

Opinions

JUSTICE GARMAN

delivered the opinion of the court:

Following a bench trial, thé circuit court of Champaign County-found defendant Lewis O’Brien guilty of driving an uninsured vehicle under section 3 — 707 of the Illinois Vehicle Code (Code) (625 ILCS 5/3 — 707 (West 1998)). The trial court imposed a fine of $501 plus court costs against defendant. The trial court subsequently denied defendant’s motion for a new trial. Defendant appeals, arguing that the trial court erroneously found section 3 — 707 of the Code to be an absolute liability offense. He further contends that the State was required to prove a culpable mental state. Because it did not, it failed to prove him guilty beyond a reasonable doubt. We reverse.

I. BACKGROUND

In June 1999, the State issued a traffic citation to defendant for driving an uninsured vehicle in violation of section 3 — 707 of the Code. The trial court held a bench trial on the citation in August 1999.

Officer Stephen Mechling testified that he is a police officer at the University of Illinois. On June 10, 1999, he observed that the automobile that defendant was driving had an expired registration sticker. Mechling stopped the vehicle. Defendant told Lewis that he had borrowed the car and did not know that the sticker had expired. Mechling checked the license plate number using the mobile computer in his squad car and learned that the owner of the automobile had an expired driver’s license and expired license plates. Mechling believed that “there was a probable good chance there wasn’t insurance on the vehicle.” He then issued a citation for an uninsured motor vehicle. The State rested its case.

Defendant’s attorney moved for a directed verdict, arguing that section 3 — 707 of the Code was not an absolute liability statute. The State had not proved its case because the evidence showed that defendant had no knowledge of the lack of insurance or any intent to commit the offense. The trial court denied the motion for a directed verdict, finding that section 3 — 707 is an absolute liability offense.

No other evidence was presented. The trial court found defendant guilty of driving an uninsured vehicle in violation of section 3 — 707. Defendant filed a posttrial motion reasserting the arguments he made at trial. The trial court denied his motion and sentenced him as aforesaid.

This appeal followed.

II. ANALYSIS

Defendant argues that the trial court erred in finding that section 3 — 707 of the Code creates an absolute liability offense. As he did in the trial court, defendant contends that the State failed to prove him guilty beyond a reasonable doubt of violating section 3 — 707 because it did not prove that he knew that the vehicle was uninsured or that he intended to commit the offense. We agree that the trial court erred in finding that section 3 — 707 of the Code creates an absolute liability offense.

Section 4 — 9 of the Criminal Code of 1961 (Criminal Code) provides:

“Absolute Liability. A person may be guilty of an offense without having, as to each element thereof, one of the mental states described in [selections 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).

The Illinois legislature has intended to limit the scope of absolute liability offenses. People v. Gean, 143 Ill. 2d 281, 285-86, 573 N.E.2d 818, 820 (1991), citing Ill. Ann. Stat., ch. 38, par. 4 — 9, Committee Comments — 1961, at 226-28 (Smith-Hurd 1989) (now 720 ILCS Ann. 5/4 — 9, Committee Comments — 1961, at 169-72 (Smith-Hurd 1993)). Absent clear indication that the legislature intended to impose absolute liability or an important public policy favoring absolute liability, courts are unwilling to interpret a statute as creating an absolute liability offense. Gean, 143 Ill. 2d at 286, 573 N.E.2d at 820-21; In re K.C., 186 Ill. 2d 542, 546, 714 N.E.2d 491, 494 (1999). Instead, if at all possible, courts will infer the existence of a culpable mental state, even where the statute itself appears to impose absolute liability. K.C., 186 Ill. 2d at 546, 714 N.E.2d at 494.

Turning to the statute at hand, section 3 — 707 of the Code provides as follows:

“No person shall operate a motor vehicle unless the motor vehicle is covered by a liability insurance policy in accordance with [sjection 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 [sjection 7 — 602 of this Code, shall be deemed to be operating an uninsured vehicle.
Any operator of a motor vehicle subject to registration under this Code who is convicted of violating this [sjection 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 [sjection 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 [sjection 7 — 601 of this Code.” 625 ILCS 5/3 — 707 (West 1998).

While section 3 — 707, as written, does not impose incarceration, it does impose a fine in excess of $500. Therefore, section 3 — 707 can impose absolute liability only under one of two conditions: (1) clear evidence exists that the legislature so intended or (2) an important public policy favors absolute liability. We hold that neither condition exists.

The State argues that the best indicator of legislative intent is the plain language of the statute. Because section 3 — 707 provides no element of a mental state, the State suggests that the legislature intended to make it an absolute liability offense. However, “ ‘[tjhe mere absence of express language describing a mental state does not per se lead to the conclusion that none is required.’ ” Gean, 143 Ill. 2d at 286, 573 N.E.2d at 821, quoting People v. Valley Steel Products Co., 71 Ill. 2d 408, 424, 375 N.E.2d 1297, 1304 (1978). We are unable to glean from the plain language of section 3 — 707 itself any legislative intent to create an absolute liability offense. We have also examined the legislative history of section 3 — 707 of the Code and have likewise not found any clear indication of a legislative intent to make section 3 — 707 an absolute liability statute. 85th 111. Gen. Assem., House Proceedings, May 18, 1988, at 126-47.

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People v. O'Brien, 736 N.E.2d 639, 316 Ill. App. 3d 219, 249 Ill. Dec. 445, 2000 Ill. App. LEXIS 750 (Ill. Ct. App. 2000).

736 N.E.2d 639 (People v. O'Brien) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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