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terms, the reviewing court may consider the statute in its entirety, the subject
addressed, and the legislature’s apparent intent. Where the language of a statute
is unambiguous, the court must apply the language as written.
Where terms in a statute have acquired a settled meaning through judicial
construction, such meaning is retained in subsequent amendments of the statute
unless a contrary intention by the legislature is clearly shown.
2. 720 ILCS 570/407(b)(2) creates a Class 1 felony with a fine of up to
$250,000 for committing certain controlled substance offenses “within 1,000 feet
of the real property comprising any school.” Defendant was charged with delivery
of a controlled substance within 443 feet of the “High Mountain Church and
Preschool,” which was not described in the record other than by its name.
The Supreme Court reduced the conviction to simple delivery of a controlled
substance, finding that the settled meaning of the term “school” is limited to a
“public or private elementary or secondary school, community college, or
university.”
(Defendant was represented by Assistant Defender Holly Schroetlin,
Chicago.)
§§48-1, 48-3(a), 48-3(b)
In re M.I., 2011 IL App (1st) 100865 (No. 1-10-0865, 12/23/11)
1. Whether a statutory command is mandatory or directory is a question of
statutory construction. The principal rule of statutory construction is to give effect
of the intent of the legislature. Mandatory and directory provisions are both
couched in obligatory terms, but differ in that non-compliance with a mandatory
provision voids the governmental action in question, while non-compliance with
a directory provision does not have the same effect. In determining whether a
statute is mandatory or directory, the term “shall” is not determinative.
Statutory language creating a procedural command to a government official
is presumed to be directory rather than mandatory. However, this presumption
is overcome by negative language prohibiting further action in the event of non-compliance
with the statute or where the right intended to be protected by the
statute would be injured if the statute was given a directory reading.
