People v. Hickman, 644 N.E.2d 1147 (Ill. 1994). · Go Syfert
People v. Hickman, 644 N.E.2d 1147 (Ill. 1994). Cases Citing This Book View Copy Cite
450 citation events (245 in the last 25 years) across 5 distinct courts.
Strongest positive: Greene v. Wood River Trust (illappct, 2013-10-25)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Greene v. Wood River Trust (2×) also: Cited as authority (quoted)
Ill. App. Ct. · 2013 · signal: see · quote attribution · 2 verbatim quotes · confidence high
it must be presumed that the legislature acted with knowledge of the prevailing case law
examined Cited as authority (verbatim quote) Greene v. Wood River Trust (2×) also: Cited as authority (quoted)
Ill. App. Ct. · 2013 · signal: see · quote attribution · 2 verbatim quotes · confidence high
it must be presumed that the legislature acted with knowledge of the prevailing case law
discussed Cited as authority (verbatim quote) Vancura v. Katris
Ill. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
it must be presumed that the legislature acted with knowledge of the prevailing case law
discussed Cited as authority (verbatim quote) Vancura v. Katris
Ill. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
it must be presumed that the legislature acted with knowledge of the prevailing case law
discussed Cited as authority (verbatim quote) Department of Transportation v. Singh
Ill. App. Ct. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
where the language is ambiguous, it is appropriate to examine the legislative history
discussed Cited as authority (verbatim quote) Nationwide Bank & Office Management v. Industrial Commission
Ill. App. Ct. · 2005 · quote attribution · 1 verbatim quote · confidence high
wjhere statutes are enacted after judicial opinions are published, it must be presumed that the legislature acted with knowledge of the prevailing case law
examined Cited as authority (verbatim quote) Schawk, Inc. v. Zehnder (2×) also: Cited as authority (quoted)
Ill. App. Ct. · 2001 · quote attribution · 2 verbatim quotes · confidence high
while a court gives some consideration to statements by the sponsor of a bill, such statements are not controlling
examined Cited as authority (verbatim quote) Schawk v. Zehnder (2×) also: Cited as authority (quoted)
Ill. App. Ct. · 2001 · quote attribution · 2 verbatim quotes · confidence high
while a court gives some consideration to statements by the sponsor of a bill, such statements are not controlling
discussed Cited as authority (rule) Rogers v. BNSF Railway Company
N.D. Ill. · 2022 · confidence medium
Given that "[w]hen statutes are enacted after judicial opinions are published, it must be presumed that the legislature acted with knowledge of the governing case law," People v. Hickman, 163 Ill. 2d 250, 262 , 644 N.E.2d 1147, 1153 (1994), the text of BIPA would preclude vicarious liability only if it "clearly and plainly expressed" the legislature's intent to do so.
cited Cited as authority (rule) People v. Towns
Ill. App. Ct. · 2020 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 262 (1994).
discussed Cited as authority (rule) People v. Buffer
Ill. · 2020 · confidence medium
People v. Espinoza, 2015 IL 118218, ¶ 34 ; People v. Hickman, 163 Ill. 2d 250, 262 (1994). ¶ 36 Relevant to the instant case, the United States Supreme Court decided Miller in 2012, and this court decided Davis in 2014.
discussed Cited as authority (rule) People v. Buffer
Ill. · 2019 · confidence medium
People v. Espinoza, 2015 IL 118218, ¶ 34 ; People v. Hickman, 163 Ill. 2d 250, 262 (1994). ¶ 36 Relevant to the instant case, the United States Supreme Court decided Miller in 2012, and this court decided Davis in 2014.
cited Cited as authority (rule) People v. Cole
Ill. · 2018 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 262 (1994).
discussed Cited as authority (rule) Golden v. Puccinelli
Ill. App. Ct. · 2016 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 262 (1994) (citing People v. Porter, 122 Ill. 2d 64, 81 (1988)). ¶ 30 Here, members of the judicial committee were often speaking at cross-purposes with Representative Lang because they were not correctly informed that the statute of limitations to revive a judgment was 20 years.
discussed Cited as authority (rule) Golden v. Puccinelli
Ill. App. Ct. · 2016 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 262 (1994) (citing People v. Porter, 122 Ill. 2d 64, 81 (1988)). ¶ 30 Here, members of the judicial committee were often speaking at cross-purposes with Representative Lang because they were not correctly informed that the statute of limitations to revive a judgment was 20 years.
discussed Cited as authority (rule) Manago v. The County of Cook
Ill. App. Ct. · 2016 · confidence medium
Pielet v. Pielet, 2012 IL 112064, ¶ 48 (citing Kozak v. Retirement Board of the Firemen’s Annuity & Benefit Fund, 95 Ill. 2d 211, 218 (1983)). “ ‘Where statutes are enacted after judicial opinions are published, it must be presumed that the legislature acted with knowledge of the prevailing case law.’ ” Burrell v. Southern Truss, 176 Ill. 2d 171, 176 (1997) (quoting People v. Hickman, 163 Ill. 2d 250, 262 (1994)).
discussed Cited as authority (rule) U.S. Bank Trust National Association v. Junior
Ill. App. Ct. · 2016 · confidence medium
Pielet v. Pielet, 2012 IL 112064, ¶ 48 (citing Kozak v. Retirement Board of the Firemen’s Annuity & Benefit Fund, 95 Ill. 2d 211, 218 (1983)). “ ‘Where statutes are enacted after judicial opinions are published, it must be presumed that the legislature acted with knowledge of the prevailing case law.’ ” Burrell v. Southern Truss, 176 Ill. 2d 171, 176 (1997) (quoting People v. Hickman, 163 Ill. 2d 250, 262 (1994)).
discussed Cited as authority (rule) People v. Reese
Ill. App. Ct. · 2015 · confidence medium
The rules of statutory construction recognize that we are to presume the legislature was aware of how this language has been construed in the courts, and where the legislature did not modify that language, we presume that it intended to maintain the previously-settled meaning of the term "takes." See, e.g., People v. Young, 2011 IL 111886, ¶ 17 (where a term has a settled legal meaning, we will normally infer the legislature intended to incorporate the established meaning); People v. Hickman, 163 Ill. 2d 250, 262 (1994) (where statutes are enacted after judicial opinions, we presume the legis…
discussed Cited as authority (rule) Guzman v. 7513 West Madison Street, Inc.
Ill. App. Ct. · 2013 · confidence medium
The Fund’s obligation under Section 537.2 shall be reduced by the amount recovered or recoverable, whichever is greater, under such other insurance policy.” (Emphasis added) 215 ILCS 5/546 (West 2010). ¶ 37 We presume the legislature was aware of Kurth when it amended section 546(a): “Where statutes are enacted after judicial opinions are published, it must be presumed that the legislature acted with knowledge of the prevailing case law.” People v. Hickman, 163 Ill. 2d 250, 262 (1994). -7- ¶ 38 In this case, the 1997 amendment to section 546(a) was enacted after Tralmer was filed in …
discussed Cited as authority (rule) People v. Vasquez
Ill. App. Ct. · 2012 · confidence medium
Indeed, we agree with the State that, as trial courts “commonly determine sentences within statutorily defined ranges in the sound exercise of their discretion” (People v. Hickman, 163 Ill. 2d 250, 258 (1994)), section 11-501(d)(2)(G)’s grant of discretionary authority to the trial court to determine if “extraordinary circumstances” in a given case require probation is no different from the trial court’s primary responsibility to fashion an appropriate sentence based upon ordinary circumstances. ¶ 63 Further, we question why a defendant would want this court to specifically define…
cited Cited as authority (rule) Millennium Park Joint Venture, LLC v. Houlihan
Ill. · 2010 · confidence medium
Burrell v. Southern Truss, 176 Ill. 2d 171, 176 (1997), quoting People v. Hickman, 163 Ill. 2d 250, 262 (1994); see also Carle Foundation, 396 Ill.
cited Cited as authority (rule) Millennium Park Joint Venture, LLC v. Houlihan
Ill. · 2010 · confidence medium
Burrell v. Southern Truss, 176 Ill. 2d 171, 176 (1997), quoting People v. Hickman, 163 Ill. 2d 250, 262 (1994); see also Carle Foundation, 396 Ill.
discussed Cited as authority (rule) People v. Craig
Ill. App. Ct. · 2010 · confidence medium
"Where statutes are enacted after judicial opinions are published, it must be presumed that the legislature acted with knowledge of the prevailing case law." People v. Hickman, 163 Ill. 2d 250, 262 , 644 N.E.2d 1147, 1153 (1994).
discussed Cited as authority (rule) People v. Craig
Ill. App. Ct. · 2010 · confidence medium
“Where statutes are enacted after judicial opinions are published, it must be presumed that the legislature acted with knowledge of the prevailing case law.” People v. Hickman, 163 Ill. 2d 250, 262 , 644 N.E.2d 1147, 1153 (1994).
discussed Cited as authority (rule) Carle Foundation v. Illinois Department of Revenue
Ill. App. Ct. · 2009 · confidence medium
Becker Milling Co., 279 Ill. 612, 622 , 117 N.E. 140, 144 (1917). " '[W]e - 15 - give [statutory] language its ordinary meaning, for we start with the presumption that the legislature meant what it said.' " People v. Hickman, 163 Ill. 2d 250, 262 , 644 N.E.2d 1147, 1153 (1994) (overruled on other grounds by People v. Sharpe, 216 Ill. 2d 481, 519 , 839 N.E.2d 492, 515-16 (2005)), quoting People v. Moore, 69 Ill. 2d 520, 524 , 372 N.E.2d 666, 668 (1978).
discussed Cited as authority (rule) Carle Foundation v. ILLINOIS DEPT. REVENUE
Ill. App. Ct. · 2009 · confidence medium
Becker Milling Co., 279 Ill. 612, 622 , 117 N.E. 140, 144 (1917). “ ‘[W]e give [statutory] language its ordinary meaning, for we start with the presumption that the legislature meant what it said.’ ” People v. Hickman, 163 Ill. 2d 250, 262 , 644 N.E.2d 1147, 1153 (1994) (overruled on other grounds by People v. Sharpe, 216 Ill. 2d 481, 519 , 839 N.E.2d 492, 515-16 (2005)), quoting People v. Moore, 69 Ill. 2d 520, 524 , 372 N.E.2d 666, 668 (1978).
cited Cited as authority (rule) People v. Willner
Ill. App. Ct. · 2009 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 259 , 644 N.E.2d 1147, 1151 (1994).
discussed Cited as authority (rule) People v. Winningham
Ill. App. Ct. · 2009 · confidence medium
A sentencing statute may be void for vagueness “if it does not state with sufficient clarity the consequences of violating a given criminal statute.” People v. Hickman, 163 Ill. 2d 250, 256 , 644 N.E.2d 1147, 1150 (1994).
cited Cited as authority (rule) Illinois Campaign for Political Reform v. Illinois State Board of Elections
Ill. App. Ct. · 2008 · confidence medium
App. 3d 918, 922 (2007), quoting Burrell v. Southern Truss, 176 Ill. 2d 171, 176 (1997), quoting People v. Hickman, 163 Ill. 2d 250, 262 (1994).
cited Cited as authority (rule) Illinois Campaign for Political Reform v. Illinois State Board of Elections
Ill. App. Ct. · 2008 · confidence medium
App. 3d 918, 922 (2007), quoting Burrell v. Southern Truss, 176 Ill. 2d 171, 176 (1997), quoting People v. Hickman, 163 Ill. 2d 250, 262 (1994).
cited Cited as authority (rule) People v. Cardamone
Ill. App. Ct. · 2008 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 261 (1994).
cited Cited as authority (rule) People v. Rivera
Ill. App. Ct. · 2008 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 261 (1994).
discussed Cited as authority (rule) Hawkeye Investment Ltd. Partnership v. Lanz
Ill. App. Ct. · 2007 · confidence medium
We also are mindful of the fact that, when statutes are enacted after judicial opinions are published, “ ‘it must be presumed that the legislature acted with knowledge of the prevailing case law.’ ” Fink v. Ryan, 174 Ill. 2d 302, 308 , 673 N.E.2d 281, 285 (1996), quoting People v. Hickman, 163 Ill. 2d 250, 262 (1994).
cited Cited as authority (rule) People v. Christopherson
Ill. App. Ct. · 2007 · confidence medium
Kunkel v. Walton, 179 Ill. 2d 519, 536 (1997), citing People v. Hickman, 163 Ill. 2d 250, 262 (1994).
discussed Cited as authority (rule) People v. Bailey
Ill. App. Ct. · 2007 · confidence medium
“Where statutes are enacted after judicial opinions are published, it must be presumed that the legislature acted with knowledge of the prevailing case law.” People v. Hickman, 163 Ill. 2d 250, 262 (1994).
discussed Cited as authority (rule) People v. Bailey
Ill. App. Ct. · 2007 · confidence medium
"Where statutes are enacted after judicial opinions are published, it must be presumed -7- No. 2--05--1260 that the legislature acted with knowledge of the prevailing case law." People v. Hickman, 163 Ill. 2d 250, 262 (1994).
cited Cited as authority (rule) Poindexter v. State of Illinois
Ill. App. Ct. · 2007 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 262 , 644 N.E.2d 1147, 1153 (1994).
discussed Cited as authority (rule) Poindexter v. STATE EX REL. DEPT. (2×)
Ill. App. Ct. · 2007 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 262 , 644 N.E.2d 1147, 1153 (1994).
cited Cited as authority (rule) City of Bloomington v. Illinois Labor Relations Board
Ill. App. Ct. · 2007 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 262 , 644 N.E.2d 1147, 1152 (1994).
discussed Cited as authority (rule) City of Bloomington v. Illinois Labor Relations Board (2×)
Ill. App. Ct. · 2007 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 262 , 644 N.E.2d 1147, 1152 (1994).
cited Cited as authority (rule) People v. Salley
Ill. App. Ct. · 2007 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 261 (1994).
cited Cited as authority (rule) People v. Salley
Ill. App. Ct. · 2007 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 261 (1994).
cited Cited as authority (rule) Phillips v. Dodds
Ill. App. Ct. · 2007 · confidence medium
App. 3d 654, 658 , 818 N.E.2d 898, 903 (2004), quoting People v. Hickman, 163 Ill. 2d 250, 262 , 644 N.E.2d 1147, 1153 (1994).
discussed Cited as authority (rule) Phillips v. Dodds (2×)
Ill. App. Ct. · 2007 · confidence medium
App. 3d 654, 658 , 818 N.E.2d 898, 903 (2004), quoting People v. Hickman, 163 Ill. 2d 250, 262 , 644 N.E.2d 1147, 1153 (1994).
cited Cited as authority (rule) People v. Brady
Ill. App. Ct. · 2007 · confidence medium
Thus, "[w]here the statutory language is clear, it will be given effect without resort to other aids for construction." People v. -8- No. 2--04--1281 Hickman, 163 Ill. 2d 250, 261 (1994).
cited Cited as authority (rule) People v. Brady
Ill. App. Ct. · 2007 · confidence medium
Thus, “[wjhere the statutory language is clear, it will be given effect without resort to other aids for construction.” People v. Hickman, 163 Ill. 2d 250, 261 (1994).
cited Cited as authority (rule) Roth v. Illinois Insurance Guaranty Fund
Ill. App. Ct. · 2006 · confidence medium
App. 3d at 658 , quoting People v. Hickman, 163 Ill. 2d 250, 262 , 644 N.E.2d 1147, 1153 (1994).
discussed Cited as authority (rule) People v. James (2×)
Ill. App. Ct. · 2006 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 256 , 644 N.E.2d 1147, 1150 (1994).
cited Cited as authority (rule) People v. James
Ill. App. Ct. · 2006 · confidence medium
People v. Hickman, 163 Ill. 2d 250, 256 , 644 N.E.2d 1147, 1150 (1994).
discussed Cited as authority (rule) People v. Boand
Ill. App. Ct. · 2005 · confidence medium
Ed. 888, 890 , 59 S. Ct. 618, 619 (1939). “[T]he statute must provide sufficiently definite standards for law enforcement officers and fact finders that its application does not depend merely on their private conceptions.” People v. Hickman, 163 Ill. 2d 250, 256 (1994).
Retrieving the full opinion text from the archive…
The PEOPLE OF THE STATE OF ILLINOIS, Appellant,
v.
DARRICK HICKMAN, Appellee; THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. DOUGLAS HICKMAN, Appellee; THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. PRINCE TURNER, Appellee; THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. SEAN WRIGHT, Appellee; THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. PEDRO MORENO, Appellee
76225 to 76228 and 76751.
Illinois Supreme Court.
Nov 23, 1994.
644 N.E.2d 1147
Roland W. Burris, Attorney General, of Springfield, and David R. Akemann, State’s Attorney, of Geneva (Rosalyn B. Kaplan, Solicitor General, and Arleen C. Anderson and Michael A. Hurst, Assistant Attorneys General, of Chicago, of counsel), for the People., Kevin T. Busch, of Aurora, for appellees Darrick Hickman and Douglas Hickman., G. Joseph Weller, Deputy Defender, and Paul Alexander Rogers, Assistant Defender, of the Office of the State Appellate Defender, of Elgin, for appellee Pedro Moreno.
Freeman.
Cited by 200 opinions  |  Published
2 passages pin-cited by 4 cases
Pinpoint authority: bottom 91%
Citer courts: Appellate Court of Illinois (4)
JUSTICE FREEMAN

delivered the opinion of the court:

Section 405.1(c) of the Illinois Controlled Substances Act provides that a person convicted of criminal drug conspiracy may be sentenced "not to exceed the maximum provided for the offense which is the object of the conspiracy.” (720 ILCS 570/405.1(c) (West 1992).) We hold that this provision is not unconstitutionally vague and does not result in an unconstitutionally disproportionate sentencing scheme. We lastly interpret this provision consistent with this court’s decision in People v. Moore (1978), 69 Ill. 2d 520.

BACKGROUND

Defendants Darrick Hickman, Douglas Hickman, Prince Turner, and Sean Wright were ultimately charged in a four-count indictment in the circuit court of Kane County. Each of these defendants was charged with calculated criminal drug conspiracy (720 ILCS 570/ 405 (West 1992)), criminal drug conspiracy (720 ILCS 570/405.1 (West 1992)), attempted possession of a controlled substance with intent to deliver (720 ILCS 5/8 — 4, 570/401 (West 1992)), and attempted possession of a controlled substance (720 ILCS 5/8 — 4, 570/402 (West 1992)).

Defendant Pedro Moreno was charged in a three-count indictment in the same court. Moreno was charged with criminal drug conspiracy, attempted possession of a controlled substance with intent to deliver, and attempted possession of a controlled substance.

Each defendant asked the trial court to dismiss the criminal drug conspiracy charge and declare that the sentencing provision of the statute was unconstitutionally vague. The trial court so ruled.

The State appeals directly to this court. (134 Ill. 2d R. 603.) We consolidated these cases for review, and now reverse the trial court.

DISCUSSION

Section 405.1 of the Controlled Substances Act states in pertinent part:

"§ 405.1. (a) Elements of the offense. A person commits criminal drug conspiracy when, with the intent that an offense set forth in Section 401, Section 402, or Section 407 of this Act be committed, he agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit such an offense unless an act in furtherance of such agreement is alleged and proved to have been committed by him or by a co-conspirator.
* * *
(c) Sentence. A person convicted of criminal drug conspiracy may be fined or imprisoned or both not to exceed the maximum provided for the offense which is the object of the conspiracy.” 720 ILCS 570/405.1 (West 1992).

Vagueness

The trial court found that subsection (c) of the criminal drug conspiracy statute does not provide for a minimum sentence. Rather, the subsection establishes only a maximum sentence, which cannot exceed the maximum sentence for the offense that is the object of the conspiracy. The trial court concluded that this absence of a minimum sentence renders subsection (c) unconstitutionally vague and, therefore, void. U.S. Const., amend. XIV.

Due process requires that a statute must not be so vague that persons of common intelligence must necessarily guess at its meaning or application. Also, the statute must provide sufficiently definite standards for law enforcement officers and fact finders that its application does not depend merely on their private conceptions. (People v. Fabing (1991), 143 Ill. 2d 48, 53 (and cases cited therein).) A sentencing provision may likewise be void for vagueness if it does not state with sufficient clarity the consequences of violating a given criminal statute. United States v. Batchelder (1979), 442 U.S. 114, 123, 60 L. Ed. 2d 755, 764, 99 S. Ct. 2198, 2204.

However, mathematical certainty in language is not required. (Fabing, 143 Ill. 2d at 53.) A statute satisfies due process so long as: (1) the statute’s prohibitions are sufficiently definite, when measured by common understanding and practices, to give a person of ordinary intelligence fair warning as to what conduct is prohibited, and (2) the statute marks boundaries sufficiently distinct for judges and juries fairly to administer the law in accordance with the intent of the legislature. United States v. Petrillo (1947), 332 U.S. 1, 7-8, 91 L. Ed. 1877, 1883, 67 S. Ct. 1538, 1542; People v. Bales (1985), 108 Ill. 2d 182, 188.

Further, a court presumes that a statute is constitutional. Accordingly, the party challenging the statute has the burden of clearly establishing its constitutional infirmity. A court will construe a statute as constitutional if it can reasonably be done. (Bales, 108 Ill. 2d at 188.) This principle applies also to a sentencing provision. United States v. Evans (1948), 333 U.S. 483, 486, 92 L. Ed. 823, 826, 68 S. Ct. 634, 636.

The trial court concluded that the absence of a minimum sentence renders subsection (c) of section 405.1 void for vagueness. The trial court believed that a minimum sentence was essential to any valid sentencing provision. ("If you create a new offense, you got to know what the minimum [sentence] is.”) Referring to section 405.1(c), the trial court believed that a minimum sentence of zero constituted inadequate notice of the possible penalty, and provided inadequate guidance to a court in determining a minimum sentence.

We disagree. Addressing the requirement of fair notice, we conclude that subsection (c) provides fair warning of the possible penalty. It is established that "[individuals are entitled to fair notice of the criminal consequences of felonious activities — not necessarily letter perfect notice.” United States v. Ferryman (1st Cir. 1990), 897 F.2d 584, 590.

In the present case, subsection (c) of section 405.1 plainly and unambiguously notifies a person of common intelligence that if he or she is convicted of criminal drug conspiracy, that person could be imprisoned or fined or both, from zero (see People v. Moore (1978), 69 Ill. 2d 520) up to the maximum sentence for the offense that is the object of the conspiracy. Of course, subsection (c) could have provided letter-perfect notice had it specified a minimum penalty. However, that is not a constitutional requirement. Due process requires only fair notice, which subsection (c) provides.

Addressing the fair-administration requirement, we conclude that subsection (c) provides sufficiently definite standards for trial courts to fairly administer the law. The plain language of subsection (c) does not create the multiple, conflicting penalties presented to the United States Supreme Court in United States v. Evans (1948), 333 U.S. 483, 92 L. Ed. 823, 68 S. Ct. 634. Rather, subsection (c) plainly and unambiguously establishes a sentencing range "simply between no penalty, at the one extreme, and, at the other, fine plus imprisonment up to the specified maxima” for the object of the conspiracy. (See Evans, 333 U.S. at 484, 92 L. Ed. at 825, 68 S. Ct. at 635.) Trial courts commonly determine sentences within statutorily defined ranges in the sound exercise of their discretion. (See People v. Lambrechts (1977), 69 Ill. 2d 544, 559; People v. Perruquet (1977), 68 Ill. 2d 149, 153.) We hold that subsection (c) is not unconstitutionally vague.

Disproportionality

Defendant Moreno concedes that section 405.1(c) of the Controlled Substances Act is not unconstitutionally' vague. However, Moreno contends that subsection (c) violates due process (U.S. Const., amend. XIV; Ill. Const. 1970, art. I, § 2) and the proportionate penalties clause of the Illinois Constitution (Ill. Const. 1970, art. I, § 11). Moreno argues that a person convicted of criminal drug conspiracy could receive under subsection (c) a sentence greater than if convicted of what he describes as the "more serious” offense of calculated criminal drug conspiracy, depending on the amount of drugs that is the subject of the conspiracy.

Initially, we note that Moreno and the State disagree whether this issue is waived for review. However, we need not address this waiver issue because we conclude that subsection (c) does not violate these constitutional guarantees. See People v. Wade (1989), 131 Ill. 2d 370, 374-76.

Due process requires that the legislature reasonably design penalty provisions to remedy the particular evil which the legislature has selected for treatment under the statute in question. (People v. Steppan (1985), 105 Ill. 2d 310, 319.) The proportionate penalties clause in our constitution requires that the legislature, in defining crimes and their penalties, consider, inter alia, the seriousness of the offense. A sentencing scheme violates the proportionate penalties clause where conduct that creates a less serious threat to the public health and safety than other conduct is punished more harshly. People v. Johns (1992), 153 Ill. 2d 436, 447.

Our constitution empowers the legislature to declare and define criminal conduct and to determine the type and extent of punishment for it. The legislature, as an institution, is more aware than the courts of the evils confronting our society and, therefore, is more capable of gauging the seriousness of various offenses. Accordingly, although sections 2 and 11 of our constitution’s bill of rights restrain somewhat the powers of the legislature to establish criminal penalties, courts are reluctant to invalidate penalties that the legislature has prescribed. Steppan, 105 Ill. 2d at 319.

Thus, regarding due process, a court requires only that the penalty prescribed for a particular crime be reasonably designed to remedy the evils that the legislature has determined to be a threat to the public health, safety, and general welfare. (Steppan, 105 Ill. 2d at 319.) Under the proportionate penalties clause of our constitution, the standard of review is whether the penalty is cruel or degrading, or so disproportionate to the offense committed as to shock the moral sense of the community. Steppan, 105 Ill. 2d at 320.

Applying these principles to subsection (c), we reject Moreno’s constitutional challenges. We agree with the State that criminal drug conspiracy is not a "less serious” offense than calculated criminal drug conspiracy. Rather, both offenses are serious. The plain language of the Controlled Substances Act expresses different reasons for punishing each offense severely.

Each statute targets a particular evil that the legislature has identified. The offense of criminal drug conspiracy focuses on the amount of drugs that is the object of the conspiracy. (720 ILCS 570/405.1 (West 1992).) This offense reflects the legislative goal of punishing more severely "large-scale, unlawful purveyors and traffickers of controlled substances.” (720 ILCS 570/100 (West 1992).) In contrast, the offense of calculated criminal drug conspiracy focuses on the organizer of the conspiracy. The offense punishes the organizer of the conspiracy more severely than the other, less culpable members thereof, without regard to the amount of drugs that is the object of the conspiracy. 720 ILCS 570/405 (West 1992); see People v. Lucas (1975), 33 Ill. App. 3d 309, 314-15.

Accordingly, Moreno’s due process challenge fails. The legislature reasonably designed section 405.1(c) to remedy an identified evil. The availability of different punishments for separate offenses based on the same acts does not offend due process. (Wade, 131 Ill. 2d at 379.) Moreno’s challenge based on the proportionate penalties clause of our constitution also fails. The penalty that subsection (c) imposes is not cruel or degrading, and is not so disproportionate to the offense as to shock the moral sense of the community. (See Steppan, 105 Ill. 2d at 320.) We hold that subsection (c) is not disproportionate.

Statutory Interpretation

Moreno alternatively asks us to construe subsection (c) so that it does not provide for a minimum sentence. We reach this conclusion based on the plain and unambiguous language of subsection (c).

The controlling principles are familiar. The cardinal rule of statutory construction, to which all other rules are subordinate, is to ascertain and give effect to the true intent of the legislature. In determining the legislative intent, a court should first consider the statutory language. This is the best means of expounding the legislative intent. Where the statutory language is clear, it will be given effect without resort to other aids for construction. However, where the language is ambiguous, it is appropriate to examine the legislative history. People v. Boykin (1983), 94 Ill. 2d 138,141; People v. Moore (1978), 69 Ill. 2d 520, 523, quoting Franzese v. Trinko (1977), 66 Ill. 2d 136, 139-40.

In Moore, this court applied these principles to a similar sentencing provision. At the time of that decision, section 8 — 4(c)(1) of the Criminal Code of 1961 provided that "the sentence for attempt to commit murder shall not exceed the sentence for a Class 1 felony.” (Emphasis added.) (Ill. Rev. Stat. 1973, ch. 38, par. 8 — 4(c)(1).) The minimum prison term for a Class 1 felony was four years. Ill. Rev. Stat. 1973, ch. 38, pars. 1005 — 8—1(b)(2), (c)(2).

This court noted in Moore that section 8 — 4(c)(1) referred only to the maximum sentence and did not set out a minimum sentence. The court concluded that the plain language of that sentencing provision was not ambiguous. Therefore, the court gave effect to the literal meaning of the provision, holding that the provision set out only a maximum sentence. Moore, 69 Ill. 2d at 522-23.

The State attempts to distinguish Moore from the facts of this case. The State invokes the principle that where the legislature clearly expresses its intent in enacting a law, a court is not bound by literal statutory language that would defeat the obvious legislative intent. When such obvious legislative intent is clearly set forth, a court may modify, alter, or add statutory language so as to construe the statute according to the otherwise clear legislative intent. People v. McCoy (1976), 63 Ill. 2d 40, 45, quoting Continental Illinois National Bank & Trust Co. v. Illinois State Toll Highway Comm’n (1969), 42 Ill. 2d 385, 395.

The State contends that the legislative history of section 405.1(c) clearly expresses the obvious legislative intent that the minimum sentence for criminal drug conspiracy be the same as the sentence for the crime that is the object of the conspiracy. The State relies on a few statements by the sponsor of the bill that created the statute. 86th Ill. Gen. Assem., House Proceedings, May 12, 1989, at 50-51 (statements of Representative Santiago).

Although these comments support the State’s contention, they do not constitute such a clear expression of obvious legislative intent as to allow us to ignore the unambiguous statutory language. "Once again, we give [statutory] language its ordinary meaning, for we start with the presumption that the legislature meant what it said.” Moore, 69 Ill. 2d at 524.

The legislative debates on section 405.1 occurred in 1989, approximately 11 years subsequent to this court’s decision in Moore. Where statutes are enacted after judicial opinions are published, it must be presumed that the legislature acted with knowledge of the prevailing case law. (Illinois Power Co. v. City of Jacksonville (1960), 18 Ill. 2d 618, 622; Heineman v. Hermann (1943), 385 Ill. 191, 196.) Also, while a court gives some consideration to statements by the sponsor of a bill, such statements are not controlling. People v. Porter (1988), 122 Ill. 2d 64, 81.

Thus, we return to the plain language of subsection (c). We presume that the legislature, especially with knowledge of Moore, meant what it said in the unambiguous language of the provision.

We note that, regarding the statute in Moore, the legislature subsequently amended section 8 — 4(c)(1) to tie a sentence under the attempt statute to a specific grade of crime committed. The legislature accomplished this by simply substituting the word "is” for the phrase "shall not exceed.” Compare Ill. Rev. Stat. 1973, ch. 38, par. 8 — 4(c)(1), with 720 ILCS 5/8 — 4(c)(1) (West 1992).

We lastly and importantly note that a trial court, in its sound discretion, can impose a minimum sentence for criminal drug conspiracy in accordance with the minimum sentence for the crime that is the object of the conspiracy. See Moore, 69 Ill. 2d at 524.

For the foregoing reasons, the judgments of the circuit court of Kane County are reversed, and the causes remanded for further proceedings.

Judgments reversed; causes remanded.