enhancing factors in Illinois

2024See People v. Green, 225 Ill. 2d 612, 619 (2007) (robbery and robbery of a person 60 years or over were not distinct crimes); People v. Robinson, 232 Ill. 2d 98, 108 (2008) (involuntary manslaughter and involuntary manslaughter of a family or household member are not distinct crimes); People v. Van Schoyck, 232 Ill. 2d 330, 337 (2009) (“[T]here is only one offense of driving under the influence. *** The enhancing factors in subsection (c) do not create a new offense, but rather serve only to enhance the punishment.”); People v. Quiqley, 183 Ill. 2d 1, 11-12 (1998) (same).

2023The court relied on the general rule that “where a statute initially sets forth the elements of an offense and separately provides sentencing classifications based on other factors, the enhancing factors do not create a new offense but serve only to enhance the punishment.” Id. ¶ 33, citing People v. Van Schoyck, 232 Ill. 2d 330, 337 (2009).

2024See People v. Green, 225 Ill. 2d 612, 619 (2007) (robbery and robbery of a person 60 years or over were not distinct crimes); People v. Robinson, 232 Ill. 2d 98, 108 (2008) (involuntary manslaughter and involuntary manslaughter of a family or household member are not distinct crimes); People v. Van Schoyck, 232 Ill. 2d 330, 337 (2009) (“[T]here is only one offense of driving under the influence. *** The enhancing factors in subsection (c) do not create a new offense, but rather serve only to enhance the punishment.”); People v. Quiqley, 183 Ill. 2d 1, 11-12 (1998) (same).

2020See People v. Green, 225 Ill. 2d 612, 619-20 (2007) (Illinois has a single offense called “robbery” that is either a Class 1 or a Class 2 felony, depending upon the nature of the victim); People v. Van Schoyck, 232 Ill. 2d 330, 337 (2009) (“Under the plain language of the statute, there is only one offense of driving under the influence. *** The enhancing factors in subsection (c) [(sentencing)] do not create a new offense, but rather serve only to enhance the punishment.”); People v. Robinson, 232 Ill. 2d 98, 112 (2008) (discussing that the involuntary manslaughter statute provides that if th

2024See People v. Green, 225 Ill. 2d 612, 619 (2007) (robbery and robbery of a person 60 years or over were not distinct crimes); People v. Robinson, 232 Ill. 2d 98, 108 (2008) (involuntary manslaughter and involuntary manslaughter of a family or household member are not distinct crimes); People v. Van Schoyck, 232 Ill. 2d 330, 337 (2009) (“[T]here is only one offense of driving under the influence. *** The enhancing factors in subsection (c) do not create a new offense, but rather serve only to enhance the punishment.”); People v. Quiqley, 183 Ill. 2d 1, 11-12 (1998) (same).

2020See People v. Green, 225 Ill. 2d 612, 619-20 (2007) (Illinois has a single offense called “robbery” that is either a Class 1 or a Class 2 felony, depending upon the nature of the victim); People v. Van Schoyck, 232 Ill. 2d 330, 337 (2009) (“Under the plain language of the statute, there is only one offense of driving under the influence. *** The enhancing factors in subsection (c) [(sentencing)] do not create a new offense, but rather serve only to enhance the punishment.”); People v. Robinson, 232 Ill. 2d 98, 112 (2008) (discussing that the involuntary manslaughter statute provides that if th

2024See People v. Green, 225 Ill. 2d 612, 619 (2007) (robbery and robbery of a person 60 years or over were not distinct crimes); People v. Robinson, 232 Ill. 2d 98, 108 (2008) (involuntary manslaughter and involuntary manslaughter of a family or household member are not distinct crimes); People v. Van Schoyck, 232 Ill. 2d 330, 337 (2009) (“[T]here is only one offense of driving under the influence. *** The enhancing factors in subsection (c) do not create a new offense, but rather serve only to enhance the punishment.”); People v. Quiqley, 183 Ill. 2d 1, 11-12 (1998) (same).

2023Id.; People v. Martin, 2011 IL 109102, ¶ 24 (“[A]ggravated DUI is simply misdemeanor DUI with an aggravating factor, which turns the offense into a felony.”); People v. Quigley, 183 Ill. 2d 1, 10 (1998) (“[A]ggravated DUI occurs when an individual commits some form of misdemeanor DUI, in violation of paragraph (a), and other circumstances are present. *** The essential and underlying criminal act, however, remains the same: driving while under the influence.”).

2020See People v. Green, 225 Ill. 2d 612, 619-20 (2007) (Illinois has a single offense called “robbery” that is either a Class 1 or a Class 2 felony, depending upon the nature of the victim); People v. Van Schoyck, 232 Ill. 2d 330, 337 (2009) (“Under the plain language of the statute, there is only one offense of driving under the influence. *** The enhancing factors in subsection (c) [(sentencing)] do not create a new offense, but rather serve only to enhance the punishment.”); People v. Robinson, 232 Ill. 2d 98, 112 (2008) (discussing that the involuntary manslaughter statute provides that if th

2016Nor does making the sentence for a violation of the statute a Class 4 felony or a Class 2 felony transform the offense of AUUW into a different “form.” See People v. Van Schoyck, 232 Ill. 2d 330, 337 (2009) (“Under the plain language of the statute, there is only one offense of driving under the influence. *** The enhancing factors in subsection (c) do not create a new offense, but rather serve only to enhance the punishment.”); People v. Robinson, 232 Ill. 2d 98, 112 (2008) (involuntary manslaughter statute, providing that if the victim was a family or household member then the offense is a C

2023The court also looked to our supreme court’s decision in People v. Lucas, 231 Ill. 2d 169, 181 (2008), where the court analyzed the provisions of the Vehicle Code and Code of Criminal Procedure discussed above and concluded that the “prior convictions are not elements of the offense that the State must prove to the trier of fact.” Id. ¶ 34.

2020Consequently, the prior convictions set forth in section 6-303(d) “are not elements of the offense [of DWLR] that the State must prove to the trier of fact.” People v. Lucas, 231 Ill. 2d 169, 181 , 897 N.E.2d 778, 785 (2008); see also 725 ILCS 5/111-3(c) (West 2016) ([T]he fact of such prior conviction and the State’s intention to seek an enhanced sentence are not elements of the offense and may not be disclosed to the jury during trial unless otherwise - 14 - permitted by issues properly raised during such trial.”).

2023Id.; People v. Martin, 2011 IL 109102, ¶ 24 (“[A]ggravated DUI is simply misdemeanor DUI with an aggravating factor, which turns the offense into a felony.”); People v. Quigley, 183 Ill. 2d 1, 10 (1998) (“[A]ggravated DUI occurs when an individual commits some form of misdemeanor DUI, in violation of paragraph (a), and other circumstances are present. *** The essential and underlying criminal act, however, remains the same: driving while under the influence.”).

2021The court concluded that “[s]ection 11-501 therefore operates just as any other statute which initially sets forth the elements of the offense and then, in a separate action, provides sentencing classifications based on other factors.” Id.; see also People v. Martin, 2011 IL 109102, ¶ 24 (noting that “aggravated DUI is simply misdemeanor DUI with an aggravating factor, which turns the offense into a felony”). ¶ 17 More recently, in People ex rel.

2021People v. Maggette, 195 Ill. 2d 336, 348 (2001). ¶ 19 Generally, where a statute initially sets forth the elements of an offense and then provides sentencing classifications based on other factors, the enhancing factors do not create a new offense but serve only to enhance the punishment.

2021People v. Maggette, 195 Ill. 2d 336, 348 (2001). ¶ 19 Generally, where a statute initially sets forth the elements of an offense and then provides sentencing classifications based on other factors, the enhancing factors do not create a new offense but serve only to enhance the punishment.

2016Nor does making the sentence for a violation of the statute a Class 4 felony or a Class 2 felony transform the offense of AUUW into a different “form.” See People v. Van Schoyck, 232 Ill. 2d 330, 337 (2009) (“Under the plain language of the statute, there is only one offense of driving under the influence. *** The enhancing factors in subsection (c) do not create a new offense, but rather serve only to enhance the punishment.”); People v. Robinson, 232 Ill. 2d 98, 112 (2008) (involuntary manslaughter statute, providing that if the victim was a family or household member then the offense is a C

2015Nor does making the sentence for a violation of the -7- statute a Class 4 felony or a Class 2 felony transform the offense of AUUW into a different “form.” See People v. Van Schoyck, 232 Ill. 2d 330, 337 (2009) (“Under the plain language of the statute, there is only one offense of driving under the influence. *** The enhancing factors in subsection (c) do not create a new offense, but rather serve only to enhance the punishment.”); People v. Robinson, 232 Ill. 2d 98, 112 (2008) (involuntary manslaughter statute, providing that if the victim was a family or household member then the offense is

2002See Jackson, 199 Ill. 2d at 296-97 .

2002See Jackson , 199 Ill. 2d at 296-97 .