Cluster 3213986

A party challenging the constitutionality of a statute “carr[ies] the heavy burden of successfully rebutting the strong judicial presumption that statutes are constitutional.” (Internal quotation marks omitted.) People v. Rizzo, 2016 IL 118599, ¶ 23.

People v. McKown, 2022 IL 127683, ¶ 29 . “ ‘Constitutional challenges carry the heavy burden of successfully rebutting the strong judicial presumption that statutes are constitutional.’ ” People v. Rizzo, 2016 IL 118599, ¶ 23 (quoting People v. Patterson, 2014 IL 115102, ¶ 90 ). - 17 - 2026 IL App (2d) 240721-U ¶ 44 The constitutionality of a statute may be challenged either facially or as applied in a particular case.

The State maintains that prohibiting the possession of a dangerous weapon, including a firearm, during the commission of a felony is consistent with our country’s historical regulation of firearms. ¶ 32 “ ‘Constitutional challenges carry the heavy burden of successfully rebutting the strong judicial presumption that statutes are constitutional.’ ” People v. Rizzo, 2016 IL 118599, ¶ 23 (quoting People v. Patterson, 2014 IL 115102, ¶ 90 ).

Our supreme court has stated that “ ‘ “[a] court is not capable of making an ‘as applied’ determination of unconstitutionality when there has been no evidentiary hearing and no findings of fact. [Citation.] Without an evidentiary record, any finding that a statute is unconstitutional ‘as applied’ is premature.” ’ ” Rizzo, 2016 IL 118599, ¶ 26 (quoting People v. Mosley, 2015 IL 115872, ¶ 47 , quoting John M., 212 Ill. 2d at 268 ).

Section 24-1(a)(7)(ii) of the Criminal Code of 2012 provides that a person commits UUW if he knowingly “[s]ells, manufacturers, purchases, possesses or carries *** any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, *** if such a weapon as modified has an overall length of less than 26 inches.” 720 ILCS 5/24-1(a)(7)(ii) (West 2022). ¶9 “ ‘Constitut…

On July 13, 2023, our supreme court granted the motion and directed this court to “treat the notice of appeal *** as a properly perfected appeal from the circuit court’s August 12, 2022, order.” -3- No. 1-22-1455 ¶ 10 “ ‘Constitutional challenges carry the heavy burden of successfully rebutting the strong judicial presumption that statues are constitutional.’ ” People v. Rizzo, 2016 IL 118599, ¶ 23 (quoting People v. Patterson, 2014 IL 115102, ¶ 90 ).

He additionally argues that these statutes are unconstitutional as applied to him because there are no historical analogues for age-based restrictions on the right to bear arms and the facts do not show that he was dangerous at the time of the offense. ¶ 18 “ ‘Constitutional challenges carry the heavy burden of successfully rebutting the strong judicial presumption that statutes are constitutional.’ ” People v. Rizzo, 2016 IL 118599, ¶ 23 (quoting People v. Patterson, 2014 I…

We agree. ¶ 52 “ ‘Constitutional challenges carry the heavy burden of successfully rebutting the strong judicial presumption that statutes are constitutional.’ ” People v. Rizzo, 2016 IL 118599, ¶ 23 (quoting People v. Patterson, 2014 IL 115102, ¶ 90 ).

Oct. 4, 2011) (“[a]ppeals from final judgments of circuit courts shall be taken directly to the Supreme Court *** in cases in which a statute of the United States or of this state has been held invalid”); People v. Fuller, 187 Ill. 2d 1, 9-10 (1999) (a direct appeal to the Illinois Supreme Court is permitted when a law is held unconstitutional as applied). 14 ¶ 32 For purposes of remand, we note the following as indicated by our supreme court: “[O]ne who challenges the const…

Thompson, 2015 IL 118151, ¶ 38 ; see also Harris, 2018 IL 121932, ¶ 39 (defendant’s presentence investigation report did not create a sufficient record to analyze defendant’s as-applied constitutional claim in lieu of an evidentiary hearing); People v. Bingham, 2018 IL 122008, ¶ 22 (the defendant’s “improper track” in raising an as-applied due process challenge for the first time on the appeal made it “difficult if not impossible to adjudicate the claim”); People v. Rizzo, 2…

While we do not focus on the facts of the case at hand (People v. Rizzo, 2016 IL 118599, ¶ 24 (explaining that in a facial challenge, “the specific facts related to the challenging party are irrelevant” (internal quotation marks omitted)), we do note that under -7- No. 1-18-1817 circumstances where there is gang activity directly related to the illegal possession of a firearm, the statute is constitutional.

While our supreme court may relax the forfeiture rule by invoking its supervisory power, this court “is not free, *** to excuse, in the context of postconviction proceedings, an appellate waiver caused by the failure of a defendant to include issues in his or her postconviction petition.” Jones, 213 Ill. 2d at 508 . ¶ 53 In People v. Thompson, 2015 IL 118151 , the supreme court determined that although facial challenges to statutes may be raised at any time, as-applied const…

The whole point of the mandatory, natural life sentence for repeat sex offenders is to protect children by rendering it impossible for the incorrigible offender to reoffend. - 17 - ¶ 43 As this court observed in People v. Rizzo, 2016 IL 118599, ¶ 37 (quoting Miller, 202 Ill. 2d at 339 , quoting People ex rel.

The proportionate penalties clause requires that sentences should be determined “ ‘both according to the seriousness of the offense and with the objective of restoring the offender to useful citizenship.’ ” People v. Rizzo, 2016 IL 118599, ¶ 28 (quoting Ill.

As observed by our supreme court: “ ‘ “A court is not capable of making an ‘as applied’ determination of unconstitutionality when there has been no evidentiary hearing and no findings of fact. [Citation.] Without an evidentiary record, any finding that a statute is unconstitutional ‘as applied’ is premature.” ’ ” Rizzo, 2016 IL 118599, ¶ 26 (quoting People v. Mosley, 2015 IL 115872 , ¶ 47, quoting In re Parentage of John M., 212 Ill. 2d 253, 268 (2004)). ¶ 42 We find our sup…

People v. Rizzo, 2016 IL 118599, ¶ 37 (stating that the legislature’s authorization of a designated sentence must be regarded as reflecting society’s general moral ideas).

See In re J.W., 204 Ill. 2d 50, 72 (2003) (“If there is any conceivable basis for finding a rational relationship, the statute will be upheld.”); Rizzo, 2016 IL 118599, ¶ 45 (“If any state of facts can reasonably be conceived of to justify the enactment, it must be upheld.”). ¶ 68 In reaching the opposite conclusion, the lead opinion announces that “we simply cannot countenance the sacrifice of fundamental legal principles, even when the cause is righteous.” Supra ¶ 38.

Our supreme court has reiterated that: “ ‘ “A court is not capable of making an ‘as applied’ determination of unconstitutionality when there has been no evidentiary hearing and no findings of fact. [Citation.] Without an evidentiary record, any finding that a statute is unconstitutional ‘as applied’ is premature.” ’ ” People v. Rizzo, 2016 IL 118599, ¶ 26 (quoting People v. Mosley, 2015 IL 115872 , ¶ 47, quoting In re Parentage of John M., 212 Ill. 2d 253, 268 (2004)). ¶ 24 …

We have reiterated that “ ‘ “[a] court is not capable of making an ‘as applied’ determination of unconstitutionality when there has been no evidentiary hearing and no findings of fact. [Citation.] Without an evidentiary record, any finding that a statute is unconstitutional ‘as applied’ is premature.” ’ ” Rizzo, 2016 IL 118599, ¶ 26 (quoting People v. Mosley, 2015 IL 115872 , ¶ 47, quoting In re Parentage of John M., 212 Ill. 2d 253, 268 (2004)). ¶ 40 Here, defendant did not…

See In re J.W., 204 Ill. 2d 50, 72 (2003) (“If there is any conceivable basis for finding a rational relationship, the statute will be upheld.”); Rizzo, 2016 IL 118599, ¶ 45 (“If any state of facts can reasonably be conceived of to justify the enactment, it must be upheld.”). ¶ 68 In reaching the opposite conclusion, the lead opinion announces that “we simply cannot countenance the sacrifice of fundamental legal principles, even when the cause is righteous.” Supra ¶ 38.

Hartrich v. 2010 Harley-Davidson, 2018 IL 121636, ¶ 31 ; People v. Rizzo, 2016 IL 118599, ¶ 26 ; People v. Mosley, 2015 IL 115872, ¶ 47 ; In re Parentage of John M., 212 Ill. 2d 253, 268 (2004). “ ‘ “Without an evidentiary record, any finding that a statute is unconstitutional ‘as applied’ is premature.” ’ ” Rizzo, 2016 IL 118599, ¶ 26 (quoting Mosley, 2015 IL 115872, ¶ 47 , quoting John M., 212 Ill. 2d at 268 ).

Our supreme court has reiterated that: “ ‘ “A court is not capable of making an ‘as applied’ determination of unconstitutionality when there has been no evidentiary hearing and no findings of fact. [Citation.] Without an evidentiary record, any finding that a statute is unconstitutional ‘as applied’ is premature.” ’ ” People v. Rizzo, 2016 IL 118599, ¶ 26 (quoting People v. Mosley, 2015 IL 115872 , ¶ 47, quoting In re Parentage of John M., 212 Ill. 2d 253, 268 (2004)). -8­ N…

Rizzo, 2016 IL 118599, ¶ 45 (“When legislation does not affect a fundamental constitutional right, this court, in a due process analysis, applies the rational basis test to determine the legislation’s constitutionality.”).

The proportionate penalties clause requires that sentences should be determined “ ‘both according to the seriousness of the offense and with the objective of restoring the offender to useful citizenship.’ ” People v. Rizzo, 2016 IL 118599, ¶ 28 (quoting Ill.

See Minnis, 2016 IL 119563, ¶ 19 (refusing to consider an as-applied challenge in the absence of an evidentiary hearing); Rizzo, 2016 IL 118599, ¶ 26 (determining that a circuit court cannot make an as-applied constitutional ruling in the absence of an evidentiary hearing); Mosley, 2015 IL 115872, ¶ 46 (same).

See People v. Rizzo, 2016 IL 118599, ¶ 23 .

I, § 2) both provide that no person shall be deprived of life, liberty, or property without due process of law.” Pepitone, 2018 IL 122034, ¶ 13 . ¶ 32 “[T]he standard of a proper exercise of the police power is whether the statute is reasonably designed to remedy the evils which the legislature has determined to be a threat to the - 12 - public health, safety and general welfare.” (Internal quotation marks omitted.) Bradley, 79 Ill. 2d at 417 ; see Rizzo, 2016 IL 118599, ¶ 4…

See People v. Rizzo, 2016 IL 118599, ¶ 24 ; People v. Davis, 2014 IL 115595 , ¶ 25.

See People v. Rizzo, 2016 IL 118599, ¶ 23 , 61 N.E.3d 92 . ¶ 74 Defendant’s arguments involve not only the proportionate-penalties clause of the Illinois Constitution (Ill.

See Rizzo, 2016 IL 118599, ¶ 45 . ¶ 45 Equal Protection ¶ 46 The fourteenth amendment to the United States Constitution (U.S. Const., amend.

See Rizzo, 2016 IL 118599, ¶ 45 . ¶ 46 Equal Protection ¶ 47 The fourteenth amendment to the United States Constitution (U.S. Const., amend.

See Coty, 2020 IL 123972, ¶ 43 (The legislative judgment “ ‘itself says something about the “general moral ideas of the people.” ’ ” (Emphasis in original.) (quoting People v. Rizzo, 2016 IL 118599 , ¶ 37, quoting People v. Miller, 202 Ill. 2d 328, 339 (2002), quoting People ex rel.

See People v. Rizzo, 2016 IL 118599, ¶ 48 , 61 N.E.3d 92 .

See Rizzo , 2016 IL 118599 , ¶ 26, 406 Ill.Dec. 488 , 61 N.E.3d 92 . ¶ 47 Finally, defendant asserts that if this court determines further development of the record is necessary to address his constitutional claim we should remand to the trial court for an evidentiary hearing while retaining jurisdiction.

See People v. Rizzo , 2016 IL 118599 , ¶ 48, 406 Ill.Dec. 488 , 61 N.E.3d 92 .

The defendant refers to that alternative version and insists that it presents a three-part test where the court must determine whether there is a legitimate state interest, whether there is a reasonable relationship between that interest and the statute, and whether "the means adopted are a reasonable method of accomplishing the desired objective." People v. Adams , 144 Ill. 2d 381 , 390, 163 Ill.Dec. 483 , 581 N.E.2d 637 (1991) ; accord Rizzo , 2016 IL 118599 , ¶ 45, 406 Il…

See People v. Rizzo, 2016 IL 118599, ¶ 25 (Rule 18 order lacked a sufficient discussion or analysis); People v. Schweihs, 2015 IL 117789, ¶ 17 (same); Mosley, 2015 IL 115872, ¶ 11 (discrepancy as to which section of the aggravated UUW (AUUW) statute the circuit court actually found unconstitutional).

See People v. Rizzo , 2016 IL 118599 , ¶ 25, 406 Ill.Dec. 488 , 61 N.E.3d 92 ( Rule 18 order lacked a sufficient discussion or analysis); People v. Schweihs , 2015 IL 117789 , ¶ 17, 398 Ill.Dec. 69 , 43 N.E.3d 979 (same); Mosley , 2015 IL 115872 , ¶ 11, 392 Ill.Dec. 588 , 33 N.E.3d 137 (discrepancy as to which section of the aggravated UUW (AUUW) statute the circuit court actually found unconstitutional).

See People v. Rizzo , 2016 IL 118599 , ¶ 24, 406 Ill.Dec. 488 , 61 N.E.3d 92 . ¶ 28 We review de novo the grant of a motion to dismiss.

See Rizzo, 2016 IL 118599 , ¶ 37 (and cases cited therein). ¶ 30 Defendant’s 80-year sentence includes two mandatory firearm enhancements imposed pursuant to section 5-8-1(a)(1)(d) of the Unified Code of Corrections (the Unified Code) (730 ILCS 5/5-8-1(a)(1)(d) (West 2010)).

See Rizzo, 2016 IL 118599 , ¶ 37 (and cases cited therein). ¶ 30 Defendant’s 80-year sentence includes two mandatory firearm enhancements imposed pursuant to section 5-8-1(a)(1)(d) of the Unified Code of Corrections (the Unified Code) (730 ILCS 5/5-8-1(a)(1)(d) (West 2010)).

See also People v. Rizzo, 2016 IL 118599, ¶ 26 (“A court is not capable of making an ‘as applied’ determination of unconstitutionality when there has been no evidentiary hearing and no findings of fact. [Citation.] Without an evidentiary record, any finding that a statute is unconstitutional 'as applied' is premature.”) (quoting People v. Mosley, 2015 IL 115872, ¶ 47 ).