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People v. Kayer

Court of Appeals of Illinois, Fourth District

May 6, 2013

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
BRIAN M. KAYER, Defendant-Appellant.

Held:[*]

Defendant’s conviction for failing to register an employment change as a sex offender was reversed as void, where defendant was terminated from his job due to excessive absences and his job loss did not constitute a change in his “place of employment” pursuant to the Sex Offender Registration Act.

Appeal from the Circuit Court of Livingston County, No. 11-CF-185; the Review Hon. Jennifer H. Bauknecht, Judge, presiding. Judgment Judgment vacated.

Michael J. Pelletier, Karen Munoz, and Martin J. Ryan, all of State Appeal Appellate Defender's Office, of Springfield, for appellant.

Thomas J. Brown, State's Attorney, of Pontiac (Patrick Delfino, Robert J. Biderman, and Kathy Shepard, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Panel 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

KNECHT JUSTICE

¶ 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.)
"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 ...

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