SUPREME COURT OF ILLINOIS
535 N.E.2d 829, 127 Ill. 2d 174, 129 Ill. Dec. 64 1989.IL.218
Appeal from the Circuit Court of Will County, the Hon. Angelo F. Pistilli, Judge, presiding.
JUSTICE STAMOS delivered the opinion of the court. JUSTICE CALVO took no part in the consideration or decision of this case. JUSTICE MILLER, Dissenting.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE STAMOS
The State brings this direct appeal pursuant to Rule 302(a) (107 Ill. 2d R. 302(a)) from a judgment of the circuit court of Will County which held unconstitutional sections 6-204(a)(1) and 6-205(b)(2) of the Illinois Vehicle Code (the Code) (Ill. Rev. Stat. 1987, ch. 95 1/2, pars. 6-204(a)(1), 6-205(b)(2)). These sections provide that upon conviction of certain sex offenses, the offender's driver's license is subject to mandatory revocation. The issue on appeal is whether the cited statutory provisions violate defendant's right to due process of law.
On September 22, 1987, defendant pleaded guilty and was convicted of one count of criminal sexual assault and two counts of aggravated criminal sexual abuse. (Ill. Rev. Stat. 1985, ch. 38, par. 12-13(a)(3); Ill. Rev. Stat. 1985, ch. 38, par. 12-16(b).) The victims were defendant's two stepdaughters, who were both under the age of 18 years when the acts were committed.
On November 12, 1987, after a hearing, the court sentenced defendant to 36 months' probation, subject to various conditions. After the sentence was imposed, defendant moved the court to refuse to forward defendant's driver's license and the reports of his convictions to the Secretary of State for mandatory revocation as required by the challenged statutory provisions. In support of his motion, defendant contended, among other things, that the application of the statute deprived him of life, liberty or property without due process of law. In this court, defendant submits the same contention and further contends that the statute violates the separation of powers provision of the Illinois Constitution (Ill. Const. 1970, art. II, § 1).
In an order entered November 30, 1987, the trial court ruled that section 6 -- 204(a)(1) of the Code, in conjunction with section 6 -- 205(b)(2) of the Code, denies the defendant due process of law in violation of the Illinois and United States Constitutions. Accordingly, the court held these provisions to be invalid. It is undisputed, and the court specifically found, that a motor vehicle was not involved in the commission of the offenses for which defendant was convicted. Having found the statute to be unconstitutional, the court did not require the defendant to surrender his license.
We begin our analysis by setting out the relevant statutory provisions. Section 6 -- 204(a)(1) of the Code provides as follows:
"When Court to forward License and Reports. (a) For the purpose of providing to the Secretary of State the records essential to the performance of the Secretary's duties under this Code to revoke or suspend the driver's license and privilege to drive motor vehicles of persons found guilty of the criminal offenses or traffic violations which this Code recognizes as evidence relating to unfitness to safely operate motor vehicles, the following duties are imposed upon public officials:
1. Whenever any person is convicted of any offense for which this Code makes mandatory the revocation of the driver's license or permit of such person by the Secretary of State, the Judge of the court in which such conviction is had shall require the surrender to the clerk of the court of all driver's licenses or permits then held by the person so convicted, and the clerk of the court shall, within 10 days thereafter, forward the same, together with a report of such conviction, to the Secretary." Ill. Rev. Stat. 1987, ch. 95 1/2, par. 6-204(a)(1).
Section 6 -- 205(b)(2) of the Code provides that conviction of certain sex offenses will result in mandatory revocation of the offender's license. That section provides as follows:
"(b) The Secretary of State shall also forthwith revoke the license or permit of any driver in ...