In re Jerome S.
2012 IL App (4th) 100862
Ill. App. Ct.2012Background
- Respondent Jerome S. was tried by bench trial for aggravated battery arising from October 2009 when he struck a school bus monitor on a bus transporting special education children.
- The bus contract was with First Student, a transportation company, and the monitor (Linda Little) testified she was performing in the capacity of an employee of First Student.
- The State charged aggravated battery under 720 ILCS 5/12-4(b)(9), alleging the victim was a transportation facility employee engaged in public transportation for hire.
- The trial court found Jerome guilty of aggravated battery and later adjudicated him delinquent, placing him under wardship and imposing probation.
- On appeal, Jerome argued the State failed to prove aggravated battery because a school bus monitor is not a public transportation employee, and urged conviction be reduced to misdemeanor battery.
- The appellate court agreed, reversed the aggravated-battery conviction, and remanded with directions to enter judgment against Jerome on the lesser-included offense of misdemeanor battery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a school bus monitor qualifies as a public transportation employee under 12-4(b)(9). | People contend the monitor acted as a public transportation employee during the incident. | Jerome contends a school bus monitor is not engaged in public transportation for hire. | Not satisfied; the court held school buses are not public transportation; reversed to allow misdemeanor battery. |
Key Cases Cited
- People v. Whitney, 188 Ill. 2d 91 (1999) (statutory interpretation standard; de novo review)
- People v. Davis, 199 Ill. 2d 130 (2002) (statutory interpretation; legislative intent governs)
- People v. Carter, 213 Ill. 2d 295 (2004) (plain meaning governs criminal statutes)
- Beachem, 239 Ill. 2d 277 (2010) (ambiguities resolved in defendant's favor)
- Green v. Carlinville Community Unit School District No. 1, 381 Ill. App. 3d 207 (2008) (private vs common carrier distinction relevance to public service)
- Doe v. Rockdale School District No. 84, 287 Ill. App. 3d 791 (1997) (private carrier versus public service framework)
- In re Rodney S., 402 Ill. App. 3d 272 (2010) (standards for statutory interpretation in juvenile cases)
- Innovative Modular Solutions v. Hazel Crest School District 152.5, 2012 IL 112052 (2012) (lenity and statutory construction considerations)
- Baskerville v. People, 2012 IL 111056 (2012) (definition of public transportation in context of statutory terms)
- Doe v. Rockdale School District No. 84, 287 Ill. App. 3d 791 (1997) (private carrier versus public service context)