Petitioner was convicted of a Class A misdemeanor for displaying an unauthorized license plate on a vehicle under section 4-104(a) of the Illinois Vehicle Code and filed a petition under section 2-1401 of the Code of Civil Procedure asserting that his conviction violated the Illinois proportionate penalties clause. Petitioner argued that section 3-703 of the Vehicle Code created a Class C misdemeanor covering the same conduct, but imposed a lesser penalty and that neither provision contained an express mental state requirement. The appellate court concluded that section 4-104(a)(4) had an implied mental state of knowledge and section 3-703 created an absolute liability offense and, because the mental state requirements were not identical, no proportionate penalties clause violation occurred. The Supreme Court affirmed the appellate court’s judgment. (ANNE M. BURKE, GARMAN, THEIS, NEVILLE, MICHAEL J. BURKE and OVERSTREET, concurring)
Illinois Supreme Court
Criminal Court
Illinois Vehicle Code