2011 IL 111886
Ill.2011Background
- Young was charged with delivery of a controlled substance and with delivery within 1,000 feet of a school under 720 ILCS 570/407(b)(2).
- Prosecution alleged the location, 4958 West Augusta Boulevard in Chicago, was within 1,000 feet of a church and preschool labeled High Mountain Church and Preschool.
- A preschool near the crime scene was presented as the relevant proximity point to test the 407(b)(2) offense.
- At trial, the State proved a controlled heroin purchase occurred about 443 feet from the preschool; no further description of the preschool or attendees was offered.
- Young was convicted of delivery within 1,000 feet of a school; the appellate court reduced the conviction to simple delivery, holding preschool not a 'school' under the statute.
- The Supreme Court granted the State’s petition for leave to appeal to resolve the proper interpretation of 'school' in 407(b)(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 'school' in 407(b)(2) includes preschools. | State: preschool may fall within 'school' depending on context. | Young: 'school' means only elementary/secondary or higher institutions as defined by statute. | Term 'school' has a settled meaning excluding preschools. |
Key Cases Cited
- People v. Goldstein, 204 Ill.App.3d 1041 (1990) (defined scope of 'school' under 407(b) and relied on Public Act 84-1075 definitions)
- People v. Owens, 240 Ill.App.3d 168 (1992) (reiterated interpretation of 'school' linked to Public Act 84-1075 aims)
- In re Marriage of O'Neill, 138 Ill.2d 487 (1990) (settled meaning rule for judicially construed terms)
- People v. Howard, 233 Ill.2d 213 (2009) (statutory interpretation method and plain meaning)
- People v. Perry, 224 Ill.2d 312 (2007) (considerations for statutory construction and purpose)
- People v. Glisson, 202 Ill.2d 499 (2002) (limits on when to consult aids beyond text)