People v. O'BRIEN

• Decision Date: 26 July 2001
• Docket Number: No. 90390.,90390.
• Citation: 197 Ill.2d 88,754 N.E.2d 327,257 Ill.Dec. 669
• Parties: The PEOPLE of the State of Illinois, Appellant, v. Lewis O'BRIEN, Appellee.
• Court: Illinois Supreme Court

754 N.E.2d 327

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.

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 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 element of an offense, although the express language of the provision defining the offense fails to describe such an element. * * *

* * *

In addition to permitting a construction requiring absolute liability in offenses punishable by incarceration or by a fine of not more than $500, the second part of section 4-9 expresses the policy that in other offenses not including a mental state in the definition only a clearly indicated legislative intent to create absolute liability should be recognized, and in all other instances, a mental-state requirement should be implied as an application of the general rule that an offense consists of an act accompanied by a culpable mental state * * *." 720 ILCS Ann. 5/4-9, Committee Comments—1961, at 169-72 (Smith-Hurd 1993).

Consistent with the committee comments, "[a]bsent either a clear indication that the legislature intended to impose absolute liability or an important public policy favoring it, this court has been unwilling to interpret a statute as creating an absolute liability offense." People v. Sevilla, 132 Ill.2d 113, 120, 138 Ill.Dec. 148, 547 N.E.2d 117 (1989). Instead, if at all possible, the court will infer the existence of a culpable mental state, even where the statute itself appears to impose absolute liability. See, e.g., People v. Tolliver, 147 Ill.2d 397, 401, 168 Ill.Dec. 127, 589 N.E.2d 527 (1992)

; Gean, 143 Ill.2d at 288,

158 Ill.Dec. 5,

573 N.E.2d 818; Sevilla, 132 Ill.2d at 123,

138 Ill.Dec. 148,

547 N.E.2d 117; People v. Nunn, 77 Ill.2d 243, 252, 32 Ill.Dec. 914, 396 N.E.2d 27 (1979).

The parties agree that, on its face, section 3-707 does not require a culpable mental state. Likewise, the parties agree that a violation of section 3-707 is punishable by a fine exceeding $500. The critical question therefore is whether section 3-707 "clearly indicates a legislative purpose to impose absolute liability for the conduct described." 720 ILCS 5/4-9 (West 1998). We hold that it does.

The legislature's clear intent to impose absolute liability can be gleaned from several sources. First, and most importantly, the plain language of section 3-707 unquestionably provides for absolute liability. Indeed, the language could not be clearer: "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" (emphasis added) (625 ILCS 5/3-707 (West 1998)). Section 7-601, in turn, provides that "[n]o person shall operate * * * a motor vehicle designed to be used on a public highway unless the motor vehicle is covered by a liability insurance policy." (Emphasis added.) 625 ILCS 5/7-601 (West 1998). Neither statute makes any exception for any class of operators, and both statutes employ the word "shall," which this court has construed as a clear expression of legislative intent to impose a mandatory obligation. See, e.g., Village of Winfield v. Illinois State Labor Relations Board, 176 Ill.2d 54, 64, 223 Ill.Dec. 33, 678 N.E.2d 1041 (1997); People v. Thomas, 171 Ill.2d 207, 222, 215 Ill.Dec. 679, 664 N.E.2d 76 (1996). In Thomas, for example, this court specifically held that the use of the word "shall," in the absence of any statutory exceptions, "expresse[d] a clear legislative intent" to make Class X sentencing mandatory for certain repeat offenders. (Emphasis added.) Thomas, 171 Ill.2d at 222, 215 Ill.Dec. 679, 664 N.E.2d 76.

Second, the relatively minor penalty that attaches to a violation of section 3-707 weighs heavily in favor of a legislative purpose to impose absolute liability. As we observed in Gean:

"The possible punishment which can be

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