People v. Worden

702 N.E.2d 611, 299 Ill. App. 3d 836, 234 Ill. Dec. 271, 1998 Ill. App. LEXIS 737
CourtAppellate Court of Illinois
DecidedOctober 27, 1998
Docket2-97-0553
StatusPublished
Cited by10 cases

This text of 702 N.E.2d 611 (People v. Worden) 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. Worden, 702 N.E.2d 611, 299 Ill. App. 3d 836, 234 Ill. Dec. 271, 1998 Ill. App. LEXIS 737 (Ill. Ct. App. 1998).

Opinion

JUSTICE RATHJE

delivered the opinion of the court:

Defendant, Martin Worden, pleaded guilty to aggravated criminal sexual assault (720 ILCS 5/12 — 14(b)(1) (West 1994)). The trial court sentenced him to six years’ imprisonment. Defendant appeals, contending that he should have the mittimus corrected to reflect that he is eligible for good-conduct credit without reference to the recently enacted truth-in-sentencing legislation. We affirm the judgment as modified.

Defendant agreed to plead guilty in exchange for a six-year sentence and the State’s agreement to dismiss two misdemeanor charges. After delaying sentencing to examine the presentence materials, the trial court concurred in the agreement and sentenced defendant to six years in prison.

Defendant filed a pro se notice of appeal that included allegations amounting to grounds to withdraw his guilty plea. This court found that the trial court’s admonishments pursuant to Supreme Court Rule 605(b) (145 Ill. 2d R. 605(b)) were insufficient and remanded the cause to the trial court to permit defendant to file a postplea motion. People v. Worden, No. 2 — 96 — 0607 (October 18, 1996) (unpublished order pursuant to Supreme Court Rule 23).

Defendant thereafter moved to withdraw his guilty plea, contending that he was mistakenly told that the “truth-in-sentencing” provisions requiring him to serve at least 85% of his sentence did not apply to him. Following a hearing, the trial court denied the motion. Defendant filed a timely notice of appeal.

On appeal, defendant argues that he is not subject to the truth-in-sentencing provisions because this court has held the implementing legislation unconstitutional. In People v. Reedy, 295 Ill. App. 3d 34, 42 (1998), appeal allowed, 178 Ill. 2d 591 (1998), we held that Public Act 89 — 404 (the Act) (Pub. Act 89 — 404, eff. August 20, 1995)), containing the truth-in-sentencing provisions, was passed in violation of the single subject rule of the Illinois Constitution (Ill. Const. 1970, art. IV( § 8(d)).

The State responds to defendant’s argument by asking us to overrule Reedy. The State maintains that it can demonstrate a natural and logical connection between the various sections of Public Act 89 — 404. Therefore, the Act does not violate the constitution because all of its provisions pertain to a single subject.

We issued Reedy on March 11, 1998. Generally, when a rule of law has been settled, contravening no statute or constitutional principles, the rule ought to be followed under the doctrine of stare decisis unless it can be shown that serious detriment is likely to arise that will prejudice the public interest. Pasquale v. Speed Products Engineering, 166 Ill. 2d 337, 349 (1995). Stare decisis is a policy of the courts to leave settled points of law undisturbed. People v. Goebel, 284 Ill. App. 3d 618, 624 (1996). Absent compelling reasons for doing so, courts are reluctant to abandon or modify an earlier decision of the court soon after its adoption. People v. Delatorre, 279 Ill. App. 3d 1014, 1020 (1996).

The State, while castigating this court for “consistently declin[ing] to reconsider the Reedy decision or to even address the new arguments,” does not itself address the important policy considerations underlying the stare decisis doctrine. The State does not posit any “serious detriment” it will suffer if Reedy is left undisturbed. As both parties point out, Reedy is presently on appeal to the supreme court. If this court were to overrule Reedy at this point in time, the decision would likely have little practical effect. However, because Public Act 89 — 404 does implicate potentially important public interests, and in the interest of maintaining a sound, well-reasoned body of precedent, we will consider the State’s arguments.

Article I\( section 8(d), of the Illinois Constitution provides as follows:

“Bills, except bills for appropriations and for the codification, revision or rearrangement of laws, shall be confined to one subject.” Ill. Const. 1970, art. IV( § 8(d).

The single subject rule is a substantive requirement for the passage of bills and is therefore subject to judicial review. People v. Dunigan, 165 Ill. 2d 235, 254 (1995). One purpose of the rule is to prevent the passage of legislation that, standing alone, could not muster the necessary votes for passage. Geja’s Café v. Metropolitan Pier & Exposition Authority, 153 Ill. 2d 239, 258 (1992). Another purpose of the rule is to permit legislators to consider pending legislation in an orderly fashion, with an appropriate opportunity to read and discuss each bill as it comes up for consideration. See Johnson v. Edgar, 176 Ill. 2d 499, 514-15 (1997). The term “subject” must be liberally construed and the subject may be as broad as the legislature chooses. Cutinello v. Whitley, 161 Ill. 2d 409, 423-24 (1994). Nevertheless, the matters included in each bill must have some natural and logical connection. Johnson, 176 Ill. 2d at 515.

In Johnson, the supreme court invalidated another public act (Pub. Act 89 — 428, eff. December 13, 1995) because it violated the single subject rule. After detailing the numerous provisions of Public Act 89 — 428 and its legislative history, the court concluded, “By no fair intendment may the many discordant provisions in Public Act 89 — 428 be considered to possess a natural and logical connection.” Johnson, 176 Ill. 2d at 517. The court could not find any logical connection between topics as diverse as child sex offenders, employer eavesdropping, and environmental impact fees imposed on the sale of fuel. Johnson, 176 Ill. 2d at 517.

In Reedy, this court followed Johnson in finding that Public Act 89 — 404 also violated the single subject rule. Reedy, 295 Ill. App. 3d at 42. We found that the bill’s various provisions, including removal of the homestead exemption from property subject to forfeiture, increasing the burden of proof to assert the insanity defense in a criminal case, truth-in-sentencing legislation, and new procedures for the perfection and attachment of hospital liens, lacked the natural and logical connection to be considered a single subject. Reedy, 295 Ill. App. 3d at 42.

In People v. Pitts, 295 Ill. App. 3d 182 (1998), the Appellate Court, Fourth District, also held that Public Act 89 — 404 violated the single subject rule. That court found a sufficient connection between 9 of the Act’s 10 provisions in that they all related in some fashion to criminal law or procedure. Pitts, 295 Ill. App. 3d at 189. However, the court could not find the necessary connection between those provisions and section 50 of the Act, which amended the Hospital Lien Act (Pub. Act 89 — 404, § 50, eff. August 20, 1995 (amending 770 ILCS 35/1 et seq. (West 1996))), and thus found the enactment unconstitutional in its entirety. Pitts, 295 Ill. App. 3d at 189.

The State first urges us to follow Pitts to the extent it holds that 9 of the 10 provisions of Public Act 89 — 404 are connected under the general rubric of criminal law and procedure.

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702 N.E.2d 611, 299 Ill. App. 3d 836, 234 Ill. Dec. 271, 1998 Ill. App. LEXIS 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-worden-illappct-1998.