People v. Reedy

No. 2--96--0101

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Lake County.
)
Plaintiff-Appellee, )
)
v. ) No. 95--CF--2160
)
GARY REEDY, ) Honorable
) Raymond J. McKoski,
Defendant-Appellant. ) Judge, Presiding.

JUSTICE McLAREN delivered the opinion of the court:
Defendant, Gary Reedy, was convicted by a jury of aggravated
battery with a firearm (720 ILCS 5/12--4.2(a)(1) (West 1996)) and
was sentenced to 15 years in prison. Under the "truth-in-
sentencing" provisions of section 3--6--3(a)(2)(ii) of the Unified
Code of Corrections, defendant is eligible to receive no more than
4.5 days of good conduct credit for each month of his sentence.
730 ILCS 5/3--6--3(a)(2)(ii) (West 1996).
On appeal, defendant argues that the truth-in-sentencing
provisions of section 3--6--3(a)(2)(ii) are unconstitutional and
therefore unenforceable. In support, defendant first contends that
Public Act 89--404 (Public Act 89--404, eff. August 20, 1995), in
which the legislature enacted section 3--6--3(a)(2)(ii), violates
the single subject rule of the Illinois Constitution of 1970 (Ill.
Const. 1970, art. IV, 8(d)). Defendant also argues that section
3--6--3(a)(2)(ii) violates the equal protection clause (U.S.
Const., amend. XIV, 1; Ill Const. 1970, art. I, 2) by treating
similarly situated offenders in a dissimilar manner. In response,
the State first contends that defendant may not challenge section
3--6--3(a)(2)(ii)'s constitutionality on direct appeal.
Alternatively, the State argues that section 3--6--3(a)(2)(ii) is
constitutional. For the reasons set forth below, we agree with
defendant that the legislature enacted section 3--6--3(a)(2)(ii) in
violation of the single subject rule.
I. DIRECT APPEAL
The State initially argues that defendant may not challenge
section 3--6--3(a)(2)(ii)'s constitutionality on direct appeal. In
support, the State cites the opinion in People v. Watford, No. 3--
96--0315 (December 2, 1997), of the Appellate Court, Third
District.
In Watford, the defendant raised the same issue that defendant
raises in this appeal, namely, whether section 3--6--3(a)(2)(ii)'s
truth-in-sentencing provisions are constitutional. The court
concluded, without any citation to authority, that a defendant
subject to truth-in-sentencing legislation cannot challenge the
constitutionality of that legislation on direct appeal. Watford,
slip op. at 1-2. Watford explained that, because the
responsibility for enforcing the truth-in-sentencing laws lies with
the Department of Corrections and not with the trial court, those
laws are "not intended to be a condition of the defendant's
sentence," have "no legal effect on the sentencing proceeding," and
are "a matter outside the scope of the sentencing proceedings."
Watford, slip op. at 2-4. Consequently, to challenge the
constitutionality of the truth-in-sentencing laws, a defendant
first must wait for the Department of Corrections to calculate his
good-time credit. Watford, slip op. at 4. The defendant then may
file a habeas corpus, mandamus, or declaratory judgment action
alleging that the Department of Corrections is calculating his
credit improperly. Watford, slip op. at 4.
We are not persuaded by Watford. In Illinois, a criminal
defendant possesses the right to appeal directly from any sentence
imposed for a felony conviction. 730 ILCS 5/5--5--4.1 (West 1996).
Illinois courts have long recognized that good-time credit is a
part of every sentence. See, e.g., People ex rel. Colletti v.
Pate, 31 Ill. 2d 354, 357 (1964) (good time is "a part of every
sentence"); People v. Baptist, 284 Ill. App. 3d 382, 387 (1996)
("compliance with conditions for awarding good-time credit is one
of the terms of the original sentence"). Indeed, this court has
held on numerous occasions that, because good-time credit is
" inherent in every sentence of imprisonment, " a sentencing court
may consider the possibility of good-time credit when fashioning a
defendant's sentence. See People v. Fetter, 227 Ill. App. 3d 1003,
1009 (1992); People v. Clankie, 180 Ill. App. 3d 726, 733 (1989);
People v. Torgeson, 132 Ill. App. 3d 384, 389 (1985). If the nexus
between good-time credit and the defendant's sentence allows the
trial court to factor in the former when imposing the latter, it
likewise allows a defendant to question the validity of the former
on direct appeal of the latter.
Moreover, even if good-time credit were not "inherent in every
sentence of imprisonment" as a general matter, it is inherent in
every sentence subject to the truth-in-sentencing laws. Section
5/5--4--1(c--2) of the Unified Code of Corrections compels the
trial court at the defendant's sentencing hearing to (1) inform the
public that the defendant is subject to section 3--6--3(a)(2)(ii)'s
truth-in-sentencing provisions, and (2) based upon the application
of those provisions, advise the public of "the actual period of
time this defendant is likely to spend in prison as a result of
this sentence." (Emphasis added.) 730 ILCS 5/5--4--1(c--2) (West
1996). Significantly, section 5--4--1(c--2) is itself part of the
truth-in-sentencing legislation enacted by Public Act 89--404.
Thus, by its own terms, the truth-in-sentencing act injects itself
into a defendant's sentencing hearing. We therefore cannot agree
with Watford's conclusion that the truth-in-sentencing act has "no
legal effect on the sentencing proceeding" and is "a matter outside
the scope of the sentencing proceedings." Watford, slip op. at 3-
4.
Accordingly, contrary to Watford, we hold that a defendant
subject to section 3--6--3(a)(2)(ii)'s truth-in-sentencing
provisions may challenge the constitutionality of those provisions
on direct appeal. We therefore proceed to the merits of
defendant's appeal.
II. THE SINGLE SUBJECT RULE
We next address defendant's contention that section 3--6--
3(a)(2)(ii) is unconstitutional because it was enacted in violation
of the single subject rule of the Illinois Constitution of 1970
(Ill. Const. 1970, art. IV, 8(d)).
A. BACKGROUND
Section 3--6--3(a)(2)(ii), in its current form, was enacted on
August 20, 1995, as part of Public Act 89--404. Prior to Public
Act 89--404's enactment, a person convicted of aggravated battery
with a firearm was eligible to receive one day of good conduct
credit for each day of service in prison. See 730 ILCS 5/3--6--
3(a)(2)(West 1994). Effective August 20, 1995, Public Act 89--404
amended section 3--6--3(a)(2) to state that a person convicted of
aggravated battery with a firearm is eligible to receive only 4.5
days of good conduct credit for each month of his sentence. In
this case, the trial court sentenced defendant under the amended
version of section 3--6--3(a)(2) (730 ILCS 5/3--6--3(a)(2)(ii)
(West 1996)).
Defendant's primary argument in this appeal is that Public Act
89--404 violates the single subject rule of the Illinois
Constitution. The single subject rule governs the method by which
legislation is enacted. Johnson v. Edgar, 176 Ill. 2d 499, 503
(1997). Therefore, before analyzing whether Public Act 89--404
complies with the single subject rule, we will examine both the
procedural history and the substance of that Act. See Johnson,
176 Ill. 2d at 503.
1. Procedural History
Public Act 89--404 began its life on March 3, 1995, as Senate
Bill 1187. Entitled "A Bill for an Act concerning the insanity
defense," Senate Bill 1187 originally (1) increased the burden of
proof for a defendant asserting the insanity defense, (2) redefined
the term "insanity," and (3) revised the procedures governing
petitions for the transfer or release of defendants found not
guilty by reason of insanity. On April 25, 1995, the Senate passed
the Bill without amendment.
When it reached the House of Representatives, Senate Bill 1187
experienced considerable growth through a series of amendments. In
one of its amendments, the House deleted the Bill's entire text and
started from scratch. No longer confined to the insanity defense,
Senate Bill 1187 now also addressed such topics as (1) the duties
and jurisdiction of local law enforcement officials, (2) asset
forfeiture proceedings arising from drug offenses, (3) truth-in-
sentencing, and (4) the perfection and attachment of hospital
liens. Recognizing that the Bill's original title no longer was
accurate, the House renamed Senate Bill 1187 "An Act in relation to
governmental matters, amending named Acts." The House passed
Senate Bill 1187 with these amendments and sent it back to the
Senate.
On May 24, 1995, the Senate considered and debated Senate Bill
1187 in its amended form. Unlike the debate that preceded the
Senate's April 25, 1995, vote, this debate did not in any way
address the Bill's insanity defense provisions. Instead, the
debate was confined solely to the Bill's truth-in-sentencing
provisions. At the close of the debate, the Senate voted on and
passed Senate Bill 1187 as amended by the House.
On June 22, 1995, Senate Bill 1187 was sent to Governor Edgar
for signature. On August 20, 1995, Governor Edgar approved the
Bill and signed it into law as Public Act 89--404.
2. Substantive Provisions
In its enacted form, Public Act 89--404 contains 10 sections
covering an impressive array of subjects. Section 5 amends the
Counties Code to redefine the sheriff's duties as "conservator of
the peace." Similarly, section 10 amends the Illinois Municipal
Code to redefine the local police department's duties as "peace
officers."
Section 15 amends the Criminal Code of 1961 to (1) increase
the burden of proof for a defendant asserting the insanity defense
and (2) redefine the term "insanity."
Section 20 amends the Cannabis Control Act to provide for a
new distribution of the proceeds from an asset forfeiture sale
conducted pursuant to that Act.
Section 25 amends the Illinois Controlled Substances Act to
(1) allow multiple convictions and sentences for persons who
violate that Act with respect to more than one type of controlled
substance, (2) define each violation of that Act as a separate
offense, (3) impose sentencing guidelines for persons convicted of
violating that Act, and (4) provide for a new distribution of the
proceeds from an asset forfeiture sale conducted pursuant to that
Act.
Section 30 amends the Code of Criminal Procedure of 1963 to
(1) define the term "law enforcement agency" and (2) expand a
police officer's power to make arrests outside of his or her
jurisdiction.
Section 35 amends the Drug Asset Forfeiture Procedure Act by
deleting the requirement that judicial in rem proceedings be held
by the court and without a jury.
Section 40 amends the Unified Code of Corrections to (1)
revise the rules and regulations governing good conduct credit and
early release, (2) create the Illinois Truth-in-Sentencing
Commission, (3) redefine the term "insanity," (4) revise the
procedures governing petitions for the transfer or release of
defendants found not guilty by reason of insanity, and (5) create
new procedures for certain sentencing hearings.
Section 45 amends the Code of Civil Procedure to state that
the homestead exemption does not apply to property subject to
certain drug asset forfeiture proceedings.
Section 50 amends the Hospital Lien Act to (1) create a new
title for that Act, (2) include within that Act all hospitals
operated by a unit of local government, and (3) revise the
procedures for the perfection and attachment of hospital liens.
In sum, Public Act 89--404 addresses at least five legislative
subjects and amends nine statutory codes covering both civil and
criminal matters.
B. GOVERNING LAW
Found in Article IV, section 8, of the Illinois Constitution
of 1970, the single subject rule provides, in pertinent part:
"Bills, except bills for appropriations and for the
codification, revision or rearrangement of laws, shall be
confined to one subject." Ill. Const. 1970, art. IV, 8(d).
Because the single subject rule is a substantive, rather than a
procedural, requirement for the passage of bills, an alleged
violation of the rule is subject to judicial review. Johnson, 176 Ill. 2d at 514.
In a recent decision, the Illinois Supreme Court explained
that the single subject rule serves two purposes. First, the rule
exists to prevent the passage of legislation that, standing alone,
could not muster the votes necessary for passage. Johnson, 176 Ill. 2d at 514; see also Geja's Caf‚ v. Metropolitan Pier &
Exposition Authority, 153 Ill. 2d 239, 258 (1992). Characterizing
the practice as "log-rolling," the Illinois Supreme Court regards
the combining of several unpopular and unrelated measures into one
popular omnibus bill as "'"both corruptive of the legislator and
dangerous to the State."'" Geja's Caf‚, 153 Ill. 2d at 257-58,
quoting Fuehrmeyer v. City of Chicago, 57 Ill. 2d 193, 201-02
(1974), quoting People ex rel. Drake v. Mahaney, 13 Mich. 481, 494-
95 (1865).
The second purpose of the single subject rule is the
facilitation of an "orderly legislative procedure." Johnson, 176 Ill. 2d at 514. Given the volume of legislation that is introduced
in the legislature each year, an individual legislator may be
unable to appreciate all of the nuances and implications of a bill
containing numerous unrelated provisions. By limiting each bill to
a single subject, the legislature can better grasp and more
intelligently discuss the issues each bill presents. Johnson, 176 Ill. 2d at 514-15, citing M. Rudd, No Law Shall Embrace More Than
One Subject, 42 Minn. L. Rev. 389, 391 (1958). Thus, the single
subject rule is designed also to ensure that the legislature
directly addresses the difficult decisions it faces. Johnson, 176 Ill. 2d at 515.
That said, in the constitutional sense, the term "subject" is
comprehensive in scope and must be construed liberally. People v.
Dunigan, 165 Ill. 2d 235, 255 (1995). So long as the provisions of
a bill have a "natural and logical connection," the subject of that
bill may be as broad as the legislature chooses. Johnson, 176 Ill. 2d at 515. The legislature violates the single subject rule only
when it includes within a single bill incongruous and unrelated
matters that by no fair intendment have any legitimate relation to
each other. Johnson, 176 Ill. 2d at 515; Dunigan, 165 Ill. 2d at
255.
C. ANALYSIS
It is well established that legislative enactments enjoy a
heavy presumption of constitutionality. In re Marriage of Lappe,
176 Ill. 2d 414, 422 (1997). Moreover, the single subject rule
does not impose an onerous restriction on the legislature's actions
but rather leaves the legislature with wide latitude in determining
the content of bills. Johnson, 176 Ill. 2d at 515. As the
Illinois Supreme Court has noted, the legislature "must indeed go
very far to cross the line to a violation of the single subject
rule." Johnson, 176 Ill. 2d at 515-16.
With these principles in mind, we hold that, in enacting
Public Act 89--404, the legislature clearly crossed the line and
violated the single subject rule of the Illinois Constitution.
Public Act 89--404 began as a narrowly tailored bill confined
solely to the use of the insanity defense in criminal proceedings.
As enacted, Public Act 89--404 addresses no less than five distinct
legislative subjects and amends nine different statutory codes
covering both civil and criminal matters. Among Public Act 89--
404's highlights are (1) the removal of the homestead exemption
from property subject to certain civil forfeiture proceedings, (2)
an increase in the burden of proof for a criminal defendant
asserting the insanity defense, (3) truth-in-sentencing
legislation, and (4) new procedures for the perfection and
attachment of hospital liens. After long and careful reflection,
this court simply is unable to identify the "natural and logical
connection" uniting civil forfeiture, criminal sentencing, and
hospital liens. Accordingly, we hold that Public Act 89--404
violates the single subject rule and therefore is unconstitutional
in its entirety.
In reaching this conclusion, we note that, according to the
legislative debates surrounding Senate Bill 1187, Senate Bill
1187's violation of the single subject rule led directly to the
evils that the single subject rule was designed to prevent. Again,
when the Senate sent Senate Bill 1187 to the House, the Bill
addressed only the use of the insanity defense in criminal
proceedings. When Senate Bill 1187 returned from the House, it
contained 10 sections addressing a broad range of both criminal and
civil subjects. Explaining the Bill's metamorphosis to his
colleagues, Senator Dillard, Senate Bill 1187's chief sponsor,
stated that, although truth-in-sentencing was "the major part of
the [House's] amendment," that amendment "also adds a number of
other bills that passed almost unanimously over in this Body
earlier this year." (Emphasis added.) 89th Gen. Assem., Senate
Proceedings, May 25, 1995, at 60 (statements of Senator Dillard).
Thus, although the Senate originally considered each of Senate Bill
1187's various provisions in separate bills, the House amendment
now forced the Senate to consider them en masse.
Later in the debate, Senator Cullerton recognized the dilemma
presented by the House's drastic revision of Senate Bill 1187:
"There are some things that were thrown in here, like all
conference committees that -- are things which I would perhaps
not wish to vote for, because there must be at least ten or
fifteen bills. But overall, the main part of the bill is the
truth-in-sentencing ***. And I also urge an Aye vote."
(Emphasis added.) 89th Gen. Assem., Senate Proceedings, May
25, 1995, at 65 (statements of Senator Cullerton).
The Illinois Supreme Court has explained that the single subject
rule exists "to prevent the combination of unrelated subjects in
one bill to obtain support for the package as a whole, when the
separate parts could not succeed on their individual merits."
County of Kane v. Carlson, 116 Ill. 2d 186, 214 (1987). Although
we have no way of knowing whether Senate Bill 1187's separate parts
could have succeeded on their individual merits, Senator
Cullerton's comments confirm that, with respect to Senate Bill
1187, the purposes of the single subject rule were not served.
Nevertheless, the State offers two theories to support Public
Act 89--404's constitutionality. First, the State insists that an
examination of Public Act 89--404's title reveals that Public Act
89--404 embraces a single subject: governmental matters. We find
that this subject is too broad to satisfy the Illinois
Constitution s mandates. See Johnson, 176 Ill. 2d at 515 (a
statute s substantive provisions must have a natural and logical
connection ). After all, every legislative enactment is, by
definition, a governmental matter. For example, a survey of the
index to the Illinois Compiled Statutes reveals that every heading
relates to a matter involving the government. As a result, we find
that, to satisfy the single subject rule, the subjects in a statute
must have something in common other than the fact that they all
address some aspect of the government. Indeed, by suggesting that
the legislature may include anything within a single bill as long
as it relates to a governmental matter, the State is, in effect,
arguing for the single subject rule s repeal. Accordingly, we
respectfully reject the State s position.
The State next argues that Public Act 89--404 is
constitutional because it is a "revisory bill" and therefore exempt
from the single subject rule. According to the State, Public Act
89--404 is revisory because it does not create any new statutes but
merely amends existing provisions of existing legislation.
The State misunderstands the meaning of "revisory bill." As
the Illinois Supreme Court has explained, for purposes of the
single subject rule, a revisory bill is one that makes no
substantive changes and adds no new matter to existing legislation.
People v. Bullard, 61 Ill. 2d 277, 278, 283-84 (1975); see also
Heitz v. Hogan, 134 Ill. App. 3d 352, 358 (1985). Instead, a
revisory bill merely incorporates the provisions of prior
legislative amendments. Bullard, 61 Ill. 2d at 278, 283-84; Heitz,
134 Ill. App. 3d at 358. Under this definition, Public Act 89--
404 is not a revisory bill. Public Act 89--404 makes substantive
changes to numerous existing statutes, including the Counties Code,
the Municipal Code, the Criminal Code of 1961, the Code of Civil
Procedure, and the Hospital Lien Act. In addition, Public Act 89--
404 adds new matter to several existing statutes, including the
Unified Code of Corrections and the Code of Criminal Procedure of
1963. Finally, Public Act 89--404 incorporates the provisions of
no prior legislative amendments. Thus, under Bullard and Heitz,
Public Act 89--404 fails every measure of a revisory bill. We
therefore conclude that Public Act 89--404 is not exempt from the
single subject rule.
In sum, we conclude that Public Act 89--404 violates the
single subject rule of the Illinois Constitution of 1970 and
therefore is invalid and unenforceable in its entirety. We
emphasize, however, that our ruling does not address the
substantive constitutionality of Public Act 89--404's individual
components. Rather, our ruling goes only to Public Act 89--404's
structure and the manner in which it was enacted. Thus, the
legislature is free to revisit Public Act 89--404's various
provisions in future legislation. See Johnson, 176 Ill. 2d at 512.
III. THE EQUAL PROTECTION CLAUSE
Having concluded that Public Act 89--404 was enacted in
violation of the single subject rule of the Illinois Constitution
of 1970, we need not address defendant's argument that the truth-
in-sentencing provisions contained in section 3--6--3(a)(2)(ii) of
the Unified Code of Corrections (730 ILCS 5/3--6--3(a)(2)(ii) (West
1996)) violate the equal protection clause.
IV. CONCLUSION
We conclude that Public Act 89--404 is unconstitutional in its
entirety and that the State of Illinois and all of its officers and
agents are permanently enjoined from enforcing any and all of its
provisions. Defendant therefore is eligible to receive the good
conduct credit that he would have been eligible to receive prior to
Public Act 89--404's enactment.
For the foregoing reasons, the judgment of the circuit court
of Lake County is affirmed as modified.
Affirmed as modified.
COLWELL and THOMAS, JJ., concur.