DuPage State’s Attorney Joe Birkett & IL Secretary of State Jesse White Propose Legislation Regarding Alcohol, Drugs & Driving

Illinois Secretary of State Jesse White and DuPage County State’s Attorney Joseph Birkett announced today the introduction of four (4) pieces of legislation designed to address the ongoing mission of ensuring safer highways in Illinois by addressing chronic offenders, as well as closing loopholes in the law.  State’s Attorney Birkett and Secretary White were joined by  Representative John Millner, Representative Susana Mendoza, Senator Dan Cronin, Nancy Foy of AAIM and Betsy Carlson of MADD, in addition to numerous law enforcement Chiefs and officials.  

“Alcohol and drug impaired drivers kill and maim thousands of people each year in the United States,” State’s Attorney Birkett declared.  “Impaired driving is a crime that cuts across all socio-economic lines and continues to pose a major threat to the health and safety of our citizens as they travel on the highways.   Ensuring safer communities clearly depends upon prevention of drunk driving through education.”  According to Birkett, effective law enforcement, professional prosecution, and just punishments for these serious offenses continue to be a primary objective of the criminal justice system.  Police officers and prosecutors have obligations beyond the courtroom, which include effective communication with the leaders in Springfield.  

With these objectives in mind, State’s Attorney Birkett and his staff drafted proposals to address the following concerns: 

1.      House Bill 888 

Here in DuPage County and across Illinois we are seeing chronic drunk drivers, whose licenses are suspended or revoked, oftentimes involved in fatal and near-fatal crashes.  When one of these drivers is arrested for driving on a revoked license, we need to take that driver off the road in order to protect the people.  The only way to truly accomplish this objective is to lock them up for an appropriate period of time.  Unfortunately, sentencing courts are often limited in the sentencing range unless special aggravating factors are also present. 

Currently a person convicted of four or more offenses of driving on a revoked license faces a Class 4 felony. Under House Bill # 888, a person convicted of driving on a revoked license 10 to 14 times would face a non-probationable Class 3 felony. A person convicted 15 or more times would be guilty of a non-probationable Class 2 felony.  This Bill is being co-sponsored by Representative Bill Black of Danville and Representative Sidney Mathias of Arlington Heights.

2.      House Bill # 887

During the last few years, local prosecutions for Driving Under the Influence, Driving While License Suspended or Revoked have increased, especially during tight fiscal times.  Municipal prosecutions for these offenses have been permitted by the General Assembly for misdemeanor offenses only.  In order to clarify any ambiguity House Bill # 887 will preclude municipal prosecution for any drunk driving or driving while license is suspended or revoked, where the record of the offender would qualify him/her for a felony charge.  These traffic offenses are often initially charged as misdemeanors. This bill will require municipal prosecutors to review the driving record of these offenders and notify the State’s Attorney when felony sanctions are available.

Under the law in the State of Illinois, only the State’s Attorney has the discretion to determine whether or not a felony charge should be brought. 

Secretary White and his staff have made great strides in improving the quality of driver’s license histories and conviction information available to law enforcement and local prosecutors.  This bill should impose no hardship on municipal prosecutors or local law enforcement.  This bill is being sponsored by State Representative Bill Black of Danville. 

3.      House Bill # 885

This bill will remove any limitation for prosecution of a person who flees the scene of an accident involving death or personal injury.  Inherent in these offenses is an offender who is intentionally concealing evidence, including his/her whereabouts, his/her condition, and the cause of the accident.  These offenders should not be protected by a statute of limitations.  Victims of these terrible crimes and their families deserve finality and closure, even if it may come years later. 

The impetus behind House Bill 885 was a crash that took the life of a 6 year old child, Patrick Leahy in 1999.  The Winfield Police continue to investigate all leads on this case even though if the offender is caught, charges may not be allowed.  Across Illinois there are other victims like Patrick and families hoping for closure.  This bill is being sponsored by State Representative Susana Mendoza of Chicago.

4.      House Bill # 886

This bill was originally drafted to close a loophole in the Illinois implied consent law created by the Illinois Second District Appellate Court decision in People v. James Jones.  The DuPage County trial court and the Second District Appellate Court held that police could only obtain non-consensual chemical tests on drivers involved in death or personal injury accidents.  This restriction impeded police officers and prosecutors from collecting necessary evidence in the form of blood tests on repeat offenders and persons involved in suspected drunk driving crashes that did not involve personal injury or death to others.  

House Bill 886 makes it clear that the implied consent law does not restrict the ability of police officers to obtain blood alcohol/drug evidence where there is sufficient probable cause to believe the offender was impaired.  This bill may now be moot in light of the Illinois Supreme Court’s decision yesterday reversing the Second District and the trial court in People v. James Jones, Docket No. 97710.  We applaud this decision.  It was a major victory for law enforcement.  We also praise State Representative John Millner of Carol Stream   for his courage in taking on what was once viewed as a controversial bill. 

"As Illinois Secretary of State, I am committed to ensuring the roads of Illinois are safe for our families and children," Secretary White said.  "We will continue working to strengthen laws involving those who endanger and take the lives of others. I commend State's Attorney Birkett on his efforts."  

All of the above listed bills were introduced and had their First Reading in the Illinois General Assembly on February 2, 2005.  All have been referred to the Rules Committee.

“The battle against drunk driving will not be won with the passage of these bills, but we know that with these new tools, lives will be saved and justice will be served,” commented State’s Attorney Birkett.  “Secretary White and I urge all members of the General Assembly to come together as a team and quickly embrace this important package of legislation.”