Summary
The Supreme Court of Illinois held that section 21-6 of the Illinois Criminal Code, prohibiting unauthorized possession or storage of specified weapons on public property, was not unconstitutionally vague as applied to Jerry Izzo. The court also rejected Izzo’s separation-of-powers challenge, concluding that the statute did not transfer prosecutorial authority from the State’s Attorney to a chief security officer. The court reversed the circuit court’s dismissal of the complaint and remanded for further proceedings.
Holdings
- Section 21-6 is not unconstitutionally vague on its face because it does not affect First Amendment rights and is capable of valid application. The statute also provided a person of ordinary intelligence, including Izzo in the circumstances presented, sufficient notice of the prohibited conduct and of the need to obtain advance written permission before possessing the knife at school.
- Section 21-6 does not violate the separation-of-powers provision of the Illinois Constitution. The statute authorizes a chief security officer to grant permission to possess or store a weapon on public property, but it does not authorize that officer to decide whether criminal charges should be brought, modified, or dismissed. Prosecutorial authority remains with the State's Attorney.
Questions Presented
- Whether section 21-6 of the Criminal Code of 1961 is unconstitutionally vague because it does not define the term "chief security officer" with sufficient specificity.
- Whether section 21-6 violates the separation-of-powers provision of the Illinois Constitution by allowing a chief security officer to authorize possession of a weapon and thereby allegedly affect the State's Attorney's prosecutorial authority.
Disposition
reversed_and_remanded
Cases Cited (13)
- People v. Bales, 108 Ill. 2d 182, 188, 91 Ill. Dec. 171, 483 N.E.2d 517 (1985)(applied)
- People v. Bossie, 108 Ill. 2d 236, 91 Ill. Dec. 634, 483 N.E.2d 1269 (1985)(distinguished)
- People v. Wawczak, 109 Ill. 2d 244, 249, 93 Ill. Dec. 378, 486 N.E.2d 911 (1985)(applied)
- In re C.E., 161 Ill. 2d 200, 210-11, 204 Ill. Dec. 121, 641 N.E.2d 345 (1994)(applied)
- Russell v. Department of Natural Resources, 183 Ill. 2d 434, 442, 233 Ill. Dec. 782, 701 N.E.2d 1056 (1998)(applied)
- People v. Anderson, 148 Ill. 2d 15, 28, 169 Ill. Dec. 288, 591 N.E.2d 461 (1992)(applied)
- People v. Jihan, 127 Ill. 2d 379, 385-86, 130 Ill. Dec. 422, 537 N.E.2d 751 (1989)(applied)
- East St. Louis Federation of Teachers, Local 1220 v. East St. Louis School District No. 189 Financial Oversight Panel, 178 Ill. 2d 399, 425, 227 Ill. Dec. 568, 687 N.E.2d 1050 (1997)(applied)
- People v. Secor, 279 Ill. App. 3d 389, 396, 216 Ill. Dec. 126, 664 N.E.2d 1054 (1996)(applied)
- Granite City Division of National Steel Co. v. Pollution Control Board, 221 Ill. App. 3d 68, 75, 163 Ill. Dec. 549, 581 N.E.2d 703 (1991), aff'd, 155 Ill. 2d 149, 184 Ill. Dec. 402, 613 N.E.2d 719 (1993)(applied)
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