In Re Jerome S.
360 Ill. Dec. 276
Ill. App. Ct.2012Background
- Respondent Jerome S. was found guilty of aggravated battery after a July 2010 bench trial.
- In September 2010, the trial court adjudicated him delinquent, made him a ward of the court, and imposed 15 months' probation.
- The State charged aggravated battery under 720 ILCS 5/12-4(b)(9), based on Little, a school bus monitor, being an employee of a transportation facility engaged in public for-hire transportation.
- The trial court concluded Little was a public transportation employee of First Student and thus the aggravated-battery statute applied.
- On appeal, Jerome S. argued a school bus monitor is not a public transportation employee, so the evidence did not support aggravated battery; a lesser offense of misdemeanor battery could apply.
- The appellate court agreed, reversed, and remanded to enter judgment for misdemeanor battery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a school bus monitor qualifies as a public transportation employee | People argues bus monitors are public transportation employees under 12-4(b)(9). | Jerome S. argues bus monitors are not public transportation employees under the statute. | No; school bus monitor not a public transportation employee for 12-4(b)(9). |
| Whether the evidence supports aggravated battery or a lesser-included offense | People contends the aggravated-battery charge was proven because Little acted in her public transportation capacity. | Jerome S. contends the evidence fits misdemeanor battery, not aggravated battery. | Evidence supports only misdemeanor battery; reverse and remand for entry of that offense. |
Key Cases Cited
- People v. Baskerville, 2012 IL 111056 (Ill. 2012) (defines public transportation terms for statutory construction)
- People v. Davis, 199 Ill.2d 130 (Ill. 2002) (statutory interpretation guiding plain-language analysis)
- People v. Carter, 213 Ill.2d 295 (Ill. 2004) (statutory interpretation framework; legislature's intent)
- Green v. Carlinville Community Unit School District No. 1, 381 Ill.App.3d 207 (2008) (distinguishes common carrier vs. private carrier; informs public vehicle concept)
- Doe v. Rockdale School District No. 84, 287 Ill.App.3d 791 (1997) (private carrier vs. common carrier; school transport distinctions)
- People v. Whitney, 188 Ill.2d 91 (Ill. 1999) (statutory interpretation standard and de novo review)
- In re Rodney S., 402 Ill.App.3d 272 (2010) (rules for construing ambiguities in penal statutes)