DuPage County State’s Attorney Joe Birkett’s Legislative Proposals Pass Unanimously Out of the Illinois Senate Judiciary Committee

Four (4) legislative proposals drafted by DuPage County State’s Attorney Joe Birkett and his staff were unanimously approved by the Illinois Senate Judiciary Committee in Springfield yesterday, April 19th.  The issue involved in three (3) of the bills is traffic Safety.  State’s Attorney Birkett traveled to Springfield yesterday to testify before the Committee on these bills.  The Committee also heard testimony by the mother and brother of a six year old Winfield boy who was struck and killed by a driver in a hit and run incident that took place in that town.  Finally, Illinois Secretary of State Jesse White testified in support of the measures and praised State’s Attorney Birkett for his leadership and vision.  

The four (4) pieces of legislation were designed to address the ongoing mission of ensuring safer highways in Illinois by addressing chronic offenders, as well as closing loopholes in the law.  With these objectives in mind, State’s Attorney Birkett and his staff drafted proposals and testified in Springfield yesterday on the following bills: 

1.      House Bill 888 

Enhancing Penalties for Driving While License Revoked.  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 public.  The only way to truly accomplish this objective is to lock these defendants 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.   

2.      House Bill # 887

Municipal Prosecutions & Felony Review of DUIs.  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. 

3.      House Bill # 885

No Statute of Limitation for Leaving Scene of an Accident Resulting in Personal Injury or Death.    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. 

In addition to State’s Attorney Birkett, Patrick Leahy’s mother and brother also testified on behalf of this bill before the Illinois Senate Judiciary Committee.  The Leahy’s both asked the Committee for approval of the bill so that other families suffering a similar loss are not denied their day in court. 

4.      House Bill # 892

Prevention of Return of Weapons to Persons Convicted of Domestic Battery.  

House Bill 886 deletes a provision allowing legally possessed firearms to be returned to a person that completes a sentence for a conviction on a misdemeanor domestic battery charge. 

“I am grateful to Secretary of State Jesse White who has been a very effective partner in the effort to keep drunk and revoked drivers off of our roads,” commented State’s Attorney Birkett.  “We both recognize that this package of legislation will not win the battle against drunk driving.  But we do know that with these new tools, lives will be saved and justice will be served.”

All of the above listed bills were introduced in early February.  All four were passed by the Illinois Senate Judiciary Committee yesterday and were placed on the Calendar for April 21st for Second Reading.