People v. Villareal

Petitioner pleaded guilty in the circuit court to unlawful possession of a firearm by a gang member and was sentenced to four years in prison. Defendant argued on appeal that section 24-1.8(a)(1) of the Code of Criminal Conduct was unconstitutional because it impermissibly criminalized his status as a gang member and violated substantive due process. The appellate court affirmed his conviction, and the supreme court granted his petition for leave to appeal. The Illinois Supreme Court affirmed, finding that the statute is constitutional and comports with both the 8th and 14th amendments to the U.S. Constitution. (THEIS, NEVILLE and OVERSTREET, concurring. CUNNINGHAM, ROCHFORD, and O’BRIEN took no part in the decision.)