People v. Casas
People v. Casas
Opinion
¶ 1 Following the indictment and subsequent superseding information against defendant, Fernando Casas, Jr., for violation of bail bond, the circuit court of Du Page County dismissed the information for failure to comply with the statute of limitations, and the State appealed. The appellate court reversed, holding that the information was timely and that violation of bail bond was a continuing offense pursuant to section 3-8 of the Criminal Code of 2012 ( 720 ILCS 5/3-8 (West 2014) ).
¶ 2 I. BACKGROUND
¶ 3 In 1996, defendant was indicted by the statewide grand jury for the manufacture or delivery of cocaine in excess of 900 grams, a Class X felony. On October 16, 1996, the circuit court of Du Page County admitted defendant to bail in the amount of $750,000; he posted a 10% cash bond of $75,000. Thereafter, defendant regularly appeared in court as required for his case.
¶ 4 On June 9, 1998, however, defendant failed to appear in court, and his bond was forfeited. During the next 30 days, defendant did not surrender himself to authorities, and a bench warrant was issued for his arrest. Also, a judgment was entered in the amount of bail against defendant and for the State. Within the next six months, defendant was tried in absentia , found guilty of the Class X felony, and sentenced to 20 years' imprisonment.
¶ 5 On April 5, 2014, approximately 18 years after defendant was first indicted, the police stopped defendant for a traffic offense in Du Page County. During that stop, defendant gave the police false identification *428 . In subsequent conversations with the police, defendant revealed his true identity and admitted he had used false identities, including one he purchased in Mexico, to avoid apprehension. Subsequently, defendant began serving his 20-year sentence for manufacture or delivery of cocaine.
¶ 6 Based on these facts, defendant was indicted in December 2014 for the violation of his 1996 bail bond. The State's indictment alleged that defendant forfeited his bond by failing to appear in court on June 9, 1998, and by knowingly failing to surrender himself within 30 days of that date. The offense was charged as a Class 1 felony because defendant's underlying cocaine charge was a Class X felony.
¶ 7 Defendant moved to dismiss the indictment, arguing that prosecution for violation of his bail bond was time-barred. More specifically, defendant claimed that, under the general statute of limitations for felonies, the State had three years, or until July 9, 2001, to bring the bail-bond charge against him. Defendant noted that more than three years had passed, and he asserted that the State did not allege any facts in the charging instrument that would toll or extend the three-year limitations period.
¶ 8 In response, the State filed a superseding information, which alleged as follows:
"[O]n or about July 9, 1998, and continuing through and until April 5, 2014, [defendant] committed the offense of VIOLATION OF BAIL BOND, a Class 1 felony, in that * * * defendant, after having been admitted to bail on or about October 16, 1996, for appearance in the Circuit Court of Du Page County * * * in case 96 CF 1920, and on or about June 9, 1998, he incurred a forfeiture of his bail and thereafter knowingly, willfully, and unlawfully failed to surrender himself within 30 days following the date of the forfeiture of the bail, in violation of Chapter 720, Section 5/32-10(a) of the Illinois Compiled Statutes ; and because Violation of Bail Bond should be considered a continuing offense, the statute of limitations did not start running until April 5, 2014, when defendant was apprehended and admitted that he used false identity to evade prosecution."
¶ 9 In a footnote, the State asserted that "[t]his Court is bound by
People v. Grogan
,
¶ 10 The circuit court granted defendant's motion to dismiss, finding that, pursuant to Grogan , the State's prosecution of defendant for violation of bail bond was time-barred. The State appealed.
¶ 11 On appeal, the State argued that violation of bail bond is a continuing offense and that
Grogan
was wrongly decided. The appellate court agreed.
¶ 12 The appellate court observed that Grogan held "[t]he offense of violation of bail bond, unlike the offense of escape of a convicted felon, is * * * not the kind of offense that poses a continuing threat to society, nor can it * * * be defined as a series of related acts constituting a single [course] of conduct, such as conspiracy or embezzlement." (Internal quotation marks omitted.) Id. ¶ 15.
¶ 13 The appellate court determined that the Grogan court was wrong on both points and that it had misapprehended the nature of the offense. Id. ¶ 17. The court *429 further "determin[ed] that the legislature intended that, like escape, violation of bail bond would be treated as a continuing offense. The nature of the offense is that the offender has secured bond and fled. Like escape, wherever else the bail-bond offender is, he is not where he is lawfully supposed to be; he has breached his lawful custody and obstructed justice." Id. ¶ 18.
¶ 14 The appellate court reversed the circuit court, holding that violation of bail bond is a continuing offense and that the superseding information filed within three years of defendant's 2014 arrest was timely. The appellate court explained that it could not overrule Grogan since it was a court of equal stature; however, it expressed its view that Grogan should no longer be followed. Id. ¶ 23. The court declined to address the State's alternative argument that the statute of limitations had not expired while defendant was a fugitive because he used a false identity and, thus, pursuant to section 3-7(a) of the Criminal Code of 2012, defendant was not usually and publicly resident within the State. 720 ILCS 5/3-7(a) (West 2014). Defendant appeals to this court.
¶ 15 II. ANALYSIS
¶ 16 Before this court, defendant assigns error to the appellate court's determination that the legislature intended violation of bail bond be treated as a continuing offense. Defendant contends, inter alia , that violation of bail bond is not a continuing offense and that the State charged him after the statute of limitations had expired. The State responds that violation of bail bond should be considered a continuing offense and, as such, the limitations period began to run once defendant was apprehended. According to the State, since defendant was charged with the bail-bond offense within three years from the date of his 2014 arrest, the information was timely. Here, we are asked to determine if the criminal charge for violation of bail bond is a continuing offense and, if so, whether the information against defendant was time-barred.
¶ 17 Review of a circuit court's dismissal of an information based on the violation of the statute of limitations involves a legal issue. Thus, our review is
de novo
.
People v. Macon
,
¶ 18 The principles guiding our analysis are well established. The primary objective in construing a statute is to ascertain and give effect to the intent of the legislature. The most reliable indicator of legislative intent is the language of the statute, given its plain and ordinary meaning. A court must view the statute as a whole, construing words and phrases in light of other relevant statutory provisions and not in isolation. Each word, clause, and sentence of a statute must be given a reasonable meaning, if possible, and should not be rendered superfluous. The court may consider the reason for the law, the problems sought to be remedied, the purposes to be achieved, and the consequences of construing the statute one way or another. Also, a court presumes that the General Assembly did not intend to create absurd, inconvenient, or unjust results.
People v. Perez
,
¶ 19 A statute of limitations represents a legislative assessment of the relative interests of the State and the defendant in administering and receiving justice.
Chenoweth
,
¶ 20 The statute of limitations for a felony offense is set forth in section 3-5(b) of the Criminal Code of 1961 (Code), which provides that a prosecution for a felony must be commenced within three years after the commission of the offense. 720 ILCS 5/3-5(b) (West 1998);
1
Chenoweth
,
¶ 21 In the case at bar, defendant contends that section 3-5(b) of the Code applies because violation of bail bond is a completed offense 30 days after the bond forfeiture. 720 ILCS 5/3-5(b) (West 1998). Defendant, relying on Grogan , further contends that violation of bail bond, unlike the offense of escape, is not a series of related acts constituting a single course of conduct. The State responds that violation of bail bond, analogous to the offense of escape, is a single course of conduct and that conduct continues beyond the initial commission of the offense, such that it is a continuing offense.
¶ 22 An offense is continuing if it is defined as such by the statutory language, or a court can find that the nature of the offense is such that the legislature must have intended that it be continuing.
Toussie v. United States
,
¶ 23 Illinois law holds that the continuing offense exception applies in certain instances, such as where the crime is escape from custody (
People v. Miller
,
*431
People ex rel. Chicago Bar Ass'n v. Barasch
,
¶ 24 The plain language of the statute indicates that the offense of violation of bail bond is committed on the thirtieth day after forfeiture, at which time defendant has committed a felony. The statute sets forth the offense as follows:
"(a) Whoever, having been admitted to bail for appearance before any court of this State, incurs a forfeiture of the bail and willfully fails to surrender himself within 30 days following the date of such forfeiture, commits, if the bail was given in connection with a charge of [a] felony * * *, a felony of the next lower Class * * *.
* * *
(d) Nothing in this Section shall interfere with or prevent the exercise by any court of its power [of] punishment for contempt." 720 ILCS 5/32-10(a), (d) (West 1998).
The statute does not state whether it is a continuing offense. Thus, we look to the nature of the offense to determine whether the legislature intended it be continuing.
¶ 25 As with other crimes whose statutes do not state whether they are continuing, we have reasoned that they are continuing because they comprise a series of acts that constitute a single course of conduct, such as conspiracy and embezzlement.
Barrett
,
¶ 26 We find the United States Supreme Court opinion in
Bailey
instructive. In
Bailey
, several prisoners escaped federal custody. After apprehension, during trial, they requested a jury instruction on duress and necessity, claiming the conditions in the jail were deplorable. The court determined that, to be entitled to such an instruction, an escapee must offer evidence justifying his continued absence from custody as well as his initial departure and that an indispensable element of such an offer is testimony of a
bona fide
effort to surrender or return to custody as soon as the claimed duress or necessity had lost its coercive force. The Supreme Court found that escape encompasses not only the defendant's initial departure but his failure to return to custody. The court reasoned that an escaped prisoner poses a continuing threat to society and, thus, " 'the nature of the crime involved is such that Congress must assuredly have intended it be treated as a continuing one.' "
United States v. Bailey
,
¶ 27 Applying that reasoning, our appellate court in
Miller
determined that because an escaped prisoner poses a continuing threat to society it can be inferred from the nature of that crime that the Illinois legislature, like Congress, must have intended it to be a continuing offense.
Miller
,
¶ 28 Here, we find that the analogous offense of violation of bail bond also encompasses the initial departure and failure to return to court when ordered to. Accordingly, the nature of the crime supports the conclusion that the offense of violation of bail bond is continuing.
¶ 29 Defendant contends that this case is controlled by
Grogan
, which is factually similar. In
Grogan
, the defendant was found guilty of violation of bail bond.
Grogan
,
¶ 30 Defendant's argument lacks merit. A condition of bail bond includes defendant's submission to "the orders and process of the court," pursuant to section 110-10(a)(2) of the Code of Criminal Procedure of 1963. 725 ILCS 5/110-10(a)(2) (West 1998). Also of significance is another condition of bail bond, which is to "[a]ppear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court." 725 ILCS 5/110-10(a)(1) (West 1998). Thus, defendant's duty did not end on the thirtieth day following his scheduled court date but continued until discharge or final order in his case. These conditions of a bail-bond offense proscribe an act that is not static or an instantaneous occurrence temporally. Accordingly, we find that defendant had a continuing duty to appear before the court, further affirming our conclusion that violation of bail bond should be treated as a continuing offense.
¶ 31 As the United States Court of Appeals for the Second Circuit explained in
United States v. Lopez
,
"The explicit language of the failure to appear statute does not indicate whether it is a continuing offense. However, the nature of the crime involved supports the conclusion that the offense is continuing. The crime of failure to appear is designed to deter those who would obstruct law enforcement by failing knowingly to appear for trial or other judicial appearances and to punish those who *433 indeed fail to appear." (Internal quotation marks omitted.)
Further, in
United States v. Gray
,
¶ 32 Here, the appellate court noted that violation of bail bond, like escape, encompasses not only the initial violation but the continuing failure to return. The court noted that, as with escape, "there is no separate crime in Illinois for not turning oneself in
after
the violation of his bail bond, so as to distinguish between an initial and a continuing violation." (Emphasis in original.)
¶ 33 Defendant next contends that there is no evidence that the legislature intended that a violation of bail bond be a continuing offense. Defendant argues that the legislature acquiesced to Grogan . According to defendant, despite amendments to the violation of bail-bond statute after Grogan , the legislature has never indicated that the offense should be considered a crime with an extended limitations period.
¶ 34 Defendant's contention is unpersuasive because of other legislative action pointing to the opposite conclusion. Indeed, the legislature has shown that it views violation of bail bond and escape as similar offenses and has enacted statutory procedures to deal with escapees and bail-bond violators. The legislature enacted trials in absentia to deal with both offenses. Section 115-4.1 of the Code of Criminal Procedure of 1963 allows a defendant who, after arrest and an initial court appearance, fails to appear for trial, to be tried in his absence. The statute makes clear that it is dealing specifically with defendants who either escape or violate their bail bond: "All procedural rights guaranteed by the United States Constitution, Constitution of the State of Illinois, statutes of the State of Illinois, and rules of court shall apply to the proceedings the same as if the defendant were present in court and had not either forfeited his bail or escaped from custody ." (Emphasis added.) 725 ILCS 5/115-4.1(a) (West 1998).
¶ 35 This court has repeatedly explained that section 115-4.1 is part of a larger statutory scheme, along with section 113-4(e) of the Code of Criminal Procedure of 1963, that provides how a court should proceed when a defendant willfully absents himself from trial. See
People v. Eppinger
,
"If a defendant pleads not guilty, the court shall advise him at that time or at any later court date on which he is present that if he escapes from custody or is released on bond and fails to appear in court when required by the court that his failure to appear would constitute a waiver of his right to confront the witnesses against him and trial could proceed in his absence." (Emphasis added.) 725 ILCS 5/113-4(e) (West 1998).
Thus, the legislature has recognized that escape and violation of bail bond should be treated similarly and has enacted procedures applicable to these offenses.
¶ 36 Furthermore, as the appellate court stated: "Like escape, wherever else the bail-bond offender is, he is not where he is
*434
lawfully supposed to be; he has breached his lawful custody and obstructed justice. Such acts 'pose[ ] a threat to the integrity and authority of the court.' "
¶ 37 Defendant argues that the offenses are not analogous and should not be treated similarly because, unlike an escapee, a violator of bail bond is not breaching lawful custody and therefore not every violator of bail bond creates a threat to the public or to the court. Defendant contends that an escape is defined as the intentional and unauthorized absence of a committed person from the custody of the Department of Corrections, whereas bail bond is the release from custody.
¶ 38 Although this may technically be true, this does not convince us that the offenses should be treated differently. We find that it is reasonable for a court to recognize that there is a threat to public safety by those who violate their bail bond. As the appellate court stated:
"To be sure, a defendant's release on bail does reflect the trial court's initial impression that the defendant does 'not pose a danger to any person or [to] the community' ( 725 ILCS 5/110-2 (West 2014) (listing conditions of bond)); however, it also reflects the court's assessment that the defendant will 'comply with all conditions of bond' ( id. ). Once the defendant refutes this latter prediction, we see absolutely no reason why he should remain presumptively clothed in the former."2016 IL App (2d) 150456 , ¶ 16,406 Ill.Dec. 7 ,59 N.E.3d 785 .
¶ 39 Moreover, even if the threat to public safety is less in the case of a bail-bond violator than an escapee, the threat to the authority and integrity of the court is the same. In
United States v. Merino
,
"As in Gray and Merino , Camacho's failure to appear 'poses a threat to the integrity and authority of the court.' Gray ,876 F.2d at 1419 . The reasoning in Gray therefore applies as strongly to a defendant whose failure to appear begins before his conviction as to a defendant who fails to appear only for sentencing." Id. at 797.
¶ 40 Furthermore, the legislature has implemented mandatory consecutive sentencing for felonies committed by defendants out on bond. See 730 ILCS 5/5-8-4(i) (West 1998) (recodified at 730 ILCS 5/5-8-4(d)(9) (West 2014)). This was done in recognition of " 'the threat posed by persons who commit crimes while on bond.' "
¶ 41 Finally, we acknowledge that other jurisdictions have taken different approaches as to whether their respective statutes relating to violation of bail bond are continuing offenses. We agree with the appellate court, which found that the better approach is the one taken by those jurisdictions that view it as a continuing offense (see
Gray
,
"Bail is a privileged release from custody. To allow [the defendant] to avoid prosecution for [the bail-bond violation] simply because he eluded arrest long enough to surpass the three year statute of limitations is contrary to the purposes of [the violation-of-bail-bond statute] in particular and bail in general. Therefore, based on the fact that [the statute] is intended to punish those on bail who violate the conditions of their bail by failing to appear before the court when commanded, we conclude that [violation of a bail bond] is a continuing offense * * *."Id.
Similarly, federal courts have held that analogous offenses are continuing. See
United States v. McIntosh
,
¶ 42 Based on all of the above, we hold that violation of bail bond must be considered a continuing offense. Consequently, Grogan is hereby overruled.
¶ 43 Since we have found that violation of bail bond is a continuing offense, we must now determine whether the State's information against defendant was time-barred. The State contends that the nature of the crime is such that the statute of limitations did not start to run for defendant's violation of bail bond until he was apprehended and, therefore, the information was timely filed. As noted above, defendant's duty under the bond was to "[a]ppear to answer the charge in the court having jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court." 725 ILCS 5/110-10(a)(1) (West 1998). Within six months of the forfeiture judgment, there was a trial
in absentia
, a final order of guilt against defendant for the underlying charge, and a sentence imposed of 20 years' incarceration. See 725 ILCS 5/113-4(e) (West 1998);
People v. Phillips
,
¶ 44 We conclude that the circuit court did not err in finding the State's information for violation of bail bond was filed after the limitations period had expired.
People v. Morris
,
¶ 45 Finally, before the appellate court, the State additionally contended that its reference to defendant's use of a false identification in the information qualified as an exception to the limitations period applicable when a criminal defendant "is not usually and publicly resident within this State." 720 ILCS 5/3-7(a) (West 2014). However, the appellate court did not address this issue because the court considered its decision on the limitations issue to be dispositive.
¶ 46 III. CONCLUSION
¶ 47 For the foregoing reasons, the judgment of the appellate court is reversed, and the cause is remanded to the appellate court to consider the State's additional contention.
¶ 48 Reversed and remanded.
Chief Justice Karmeier and Justices Thomas, Kilbride, Garman, Burke, and Theis concurred in the judgment and opinion.
Here, we have cited the version of the statute in effect at the time defendant first failed to appear. The statutes cited are unchanged in all respects relevant to this offense.
Reference
- Full Case Name
- The PEOPLE of the State of Illinois, Appellee, v. Fernando CASAS, Jr., Appellant.
- Cited By
- 25 cases
- Status
- Published