People v. Williams

After bench trial conviction, Defendant was sentenced to 5 years imprisonment for aggravated unlawful use of a weapon (AAUW), and was assessed costs totaling $715. AAUW statute does not implicate fundamental right to possess a loaded handgun in the home for self-protection, thus does not violate Second Amendment, which was not intended to permit a convicted felon to possess, on his person and while on a public street, a loaded handgun. Defendant was improperly assessed fees which can only be imposed upon conviction or supervision for traffic violations. Mandatory DNA testing fee is not subject to preincarceration credit, and the number of fees which can be assessed is not limited. A new sample may be required as more sophisticated DNA tests are developed. (O'BRIEN and LAVIN, concurring.)