People v. Hill
Decision Date | 23 May 2002 |
Docket Number | No. 91329.,91329. |
Parties | The PEOPLE of the State of Illinois, Appellant, v. Chad HILL, Appellee. |
Court | Illinois Supreme Court |
James E. Ryan, Attorney General, John Schmidt, State's Attorney, Springfield (Joel D. Bertocchi, Solicitor General, William L. Browers, Domenica A. Osterberger, Assistant Attorneys General, Chicago, of counsel), for the People.
Daniel D. Yuhas, Deputy Defender, Susan M. Wilham, Robert N. Markfield, Assistant Defenders, Office of the State Appellate Defender, Springfield, for appellee.
In this case, we review the circuit court's finding that section 12-11(a)(3) of the Criminal Code of 1961 (Code) (720 ILCS 5/12-11(a)(3) (West Supp.1999)), as amended by Public Act 91-404 (Pub. Act 91-404, § 5, eff. January 1, 2000), violates the separation of powers clause and the proportionate penalties clause of the Illinois Constitution. Section 12-11 of the Code contains one of the so-called "15/20/25-life" mandatory add-on sentences implemented by our legislature.
In March 2000, the State filed an information alleging that defendant, Chad Hill, committed the offense of home invasion while armed with a firearm in violation of section 12-11(a)(3). In October 2000, defendant filed a motion to dismiss the information, primarily arguing that section 12-11(a)(3) violates the Illinois Constitution's separation of powers clause (Ill. Const. 1970, art. II, § 1) and the proportionate penalties clause (Ill. Const.1970, art. I, § 11).
In March 2001, the circuit court heard defendant's motion and verbally indicated that it would find the amended statute unconstitutional on both bases and that a written order would follow. In April 2001, the court granted defendant's motion and issued written findings. We reverse and remand.
This court has a duty to affirm a statute's constitutionality and validity if reasonably possible. People v. Lee, 167 Ill.2d 140, 144, 212 Ill.Dec. 231, 656 N.E.2d 1065 (1995). Legislative enactments, including those that impose criminal penalties, are entitled to a presumption of constitutionality. See People ex rel. Carey v. Bentivenga, 83 Ill.2d 537, 542, 48 Ill.Dec. 228, 416 N.E.2d 259 (1981). A party challenging a statute bears the burden of proving its invalidity. Lee, 167 Ill.2d at 144, 212 Ill.Dec. 231, 656 N.E.2d 1065. A circuit court's finding that a statute is unconstitutional is reviewed de novo. See People v. Malchow, 193 Ill.2d 413, 418, 250 Ill.Dec. 670, 739 N.E.2d 433 (2000).
The applicable version of section 12-11 of the Code, as amended by Public Act 91-404, establishes the crime of home invasion in pertinent part as follows:
Defendant attacks section 12-11(a)(3)'s validity on two general bases. First, defendant points to article II, section 1, of the Illinois Constitution, commonly referred to as the separation of powers clause. This clause states that Ill. Const.1970, art. II, § 1. Defendant asserts that section 12-11(a)(3), by imposing mandatory add-on sentences, violates the separation of powers clause because it divests the circuit court of its discretionary power to consider aggravating and mitigating circumstances.
Second, defendant relies on article I, section 11, of the Illinois Constitution, commonly referred to as the proportionate penalties clause. This clause states in pertinent part that "[a]ll penalties shall be determined both according to the seriousness of the offense and with the objective of restoring the offender to useful citizenship." Ill. Const.1970, art. I, § 11. Defendant contends that section 12-11's add-on sentencing scheme violates the proportionate penalties clause because it imposes a penalty that is cruel, degrading, and shocking to the moral conscience. Defendant further contends that section 12-11 is unconstitutional because it mandates a penalty more severe than that imposed for more serious crimes.
As a threshold matter, we note that defendant asks us to review section 12-11's add-on sentencing scheme in its entirety. Citing People v. Palkes, 52 Ill.2d 472, 288 N.E.2d 469 (1972), defendant argues that section 12-11's unconstitutional infirmities are so pervasive as to render the entire statute invalid. We reject defendant's request. A defendant does not ordinarily have standing to challenge a statute as it might be applied to others in different circumstances. People v. Falbe, 189 Ill.2d 635, 644, 244 Ill.Dec. 901, 727 N.E.2d 200 (2000). Defendant was charged under section 12-11(a)(3) ( ) and therefore defendant has no standing to challenge section 12-11(a)(4) ( ) and section 12-11(a)(5) ( ).2 As we shall discuss, we find no infirmities present in section 12-11(a)(3) and we decline defendant's request that we search for a constitutional violation elsewhere. Thus, we only consider the constitutionality of section 12-11(a)(3).
Defendant first argues that section 12-11(a)(3) violates the separation of powers clause. Specifically, defendant argues that section 12-11(a)(3)'s mandatory add-on sentence of 15 years usurps the judiciary's sentencing power by removing its ability to consider aggravating and mitigating factors and to fashion a sentence that is tailored to the circumstances of the offense. We disagree.
In reaching its conclusion, the circuit court found as follows:
We disagree with the circuit court's conclusion for two reasons. First, we disagree with the circuit court's conclusion that section 12-11(a)(3)'s 15-year add-on sentence removes the discretionary component from the judiciary's sentencing power. Prior to the amendment, a defendant convicted of home invasion while armed with a firearm faced a Class X felony sentence of 6 to 30 years. Section 12-11's 15-year mandatory add-on sentence essentially raises the original sentencing range of 6 to 30 years to a range of 21 to 45 years. Thus, the circuit court retains the ability to consider aggravating and mitigating factors. Unquestionably, the legislature could have simply chosen to increase directly the original sentencing range to 21 to 45 years instead of implementing the add-on scheme. We find no substantive difference between that scenario and the legislature's decision to impose the mandatory add-on sentence.
Second, we find that mandatory sentencing schemes do not inherently usurp the judiciary's power to impose a sentence. This court has repeatedly recognized that the legislature has the power to define criminal conduct and to determine the nature and extent of criminal sentences required to protect society. Lee, 167 Ill.2d at 144-45,212 Ill.Dec. 231,656 N.E.2d 1065; People v. Taylor, 102 Ill.2d 201, 205, 80 Ill.Dec. 76, 464 N.E.2d 1059 (1984); People ex rel. Carey v. Bentivenga, 83 Ill.2d 537, 542, 48 Ill.Dec. 228,416 N.E.2d 259 (1981);...
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