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The People of the State of Illinois v. Brian M. Kayer

May 6, 2013

THE PEOPLE OF THE STATE OF ILLINOIS,
PLAINTIFF-APPELLEE,
v.
BRIAN M. KAYER,
DEFENDANT-APPELLANT.



Appeal from Circuit Court of Livingston County No. 11CF185 Honorable Jennifer H. Bauknecht, Judge Presiding.

The opinion of the court was delivered by: Justice Knecht

Carla Bender 4th District Appellate Court, IL

JUSTICE KNECHT delivered the judgment of the court, with opinion. Justice Holder White concurred in the judgment and opinion. Presiding Justice Steigmann dissented, with opinion.

OPINION

¶ 1 In July 2011, the State charged defendant, Brian M. Kayer, with unlawful failure to register employment change as a sex offender (730 ILCS 150/6 (West 2010)). In September 2011, defendant pleaded guilty to that offense. In October 2011, the trial court sentenced him to three years' imprisonment. Defendant appeals, arguing his conviction is void because the loss of his job did not constitute a "change" in his "place of employment" such that he was required to report under section 6 of the Sex Offender Registration Act (Registration Act) (730 ILCS 150/6 (West 2010)). We agree and vacate defendant's conviction.

¶ 2 I. BACKGROUND

¶ 3 In July 2011, the State charged defendant with unlawful failure to register employment change as a sex offender (730 ILCS 150/6 (West 2010)). The information alleged, in its entirety, as follows:

"On or about July 6, 2011, the defendant BRIAN M. KAYER committed the offense of UNLAWFUL FAILURE TO REGISTER EMPLOYMENT CHANGE AS A SEX OFFENDER (Class 2 Felony), in that said defendant, a sex offender subject to the registration requirements under the Sex Offender Registration Act [730 ILCS 150/1, et. seq.), knowingly failed to report in person to the law enforcement agency with whom the defendant last registered (the City of Pontiac Police Department), the change in the defendant's employment from employed at Interlake Mecalux, Inc. (701 N. Interlake Drive, Pontiac, Illinois) to no longer employed there, within three (3) days after leaving that employment on June 29, 2011 [as required by 730 ILCS 150/3(b)] in violation of 730 ILCS 150/6, a Class 2 felony [pursuant to 730 ILCS 150/10), due to defendant's previous conviction for the Class 3 felony offense of Violation of the Sex Offender Registration in cause number 08 CF 609 in the Circuit Court of La Salle County, Illinois." (Bolding omitted; brackets in original.)

¶ 4 In September 2011, defendant entered an open plea of guilty to the charge. The State provided the following factual basis to support the plea, without objection by defendant:

"The State would call certain witnesses from the Pontiac Police Department as well as Interlake here in Pontiac who would testify and identify the Defendant in open court *** who as a sex offender subject to the registration requirements under the sex offender registration act knowingly failed to report in person to the law enforcement agency with whom he last registered *** the change in his employment status from being employed at Interlake here in Pontiac, Illinois, to no longer employed there within three days of leaving that employment. The employment was, I think his last day of employment was June 29th, 2011."

In October 2011, the trial court sentenced defendant to three years' imprisonment. In December 2011, the court denied defendant's motion to reconsider his sentence.

¶ 5 This appeal followed.

¶ 6 II. ANALYSIS

ΒΆ 7 Defendant contends his guilty plea, and his conviction, are void because section 6 of the Registration Act (730 ILCS 150/6 (West 2010)) did not require him to report he was no longer employed at Interlake. We agree. The presentence investigation report, prepared after the trial court accepted defendant's guilty plea, indicated defendant was terminated from his employment at Interlake due to excessive absences. The record does not reveal whether the court was aware of the reason defendant was no longer employed ...


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