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92_SB1514gms
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
August 23, 2001
To the Honorable Members of
The Illinois Senate
92nd General Assembly
Pursuant to Article IV, Section 9(b) of the Illinois
Constitution of 1970, I hereby veto Senate Bill 1514 entitled
"AN ACT in relation to the operation of motor vehicles."
Senate Bill 1514 would amend the Illinois Vehicle Code to
create the specific offense of theft of motor fuel as a Class
A misdemeanor punishable by a minimum fine of $250 or 30
hours of community service. The bill provides that a person
commits the offense when he or she knowingly operates a
vehicle so as to cause it to leave the premises of an
establishment at which motor fuel offered for retail sale was
dispensed into the fuel tank of the vehicle unless that
person or some other person has paid for or charged the price
of the dispensed motor fuel. The bill also provides that a
second violation shall cause the person's driver's license to
be suspended for 6 months and that a third or subsequent
violation shall result in a one-year suspension.
I understand that the intent of Senate Bill 1514 is to
address the growing problem of drivers leaving gas stations
without paying for the gas that they dispensed. However,
while this bill would establish Class A misdemeanor Vehicle
Code penalties with mandatory minimum for this new offense,
current law provides that the theft of retail goods worth
less than $300 is a Class A misdemeanor punishable by up to
364 days jail time and/or a maximum fine of $2,500 and repeat
offenders are subject to a Class 4 felony charge. I do not
see a valid public policy reason for setting out mandatory
minimum penalties for retail theft based solely upon the type
of retail item stolen. In fact, such disproportionate
penalties would likely raise constitutional concerns
regarding equal protection under the law.
Senate Bill 1514 also would provide that a second or
subsequent offense is a misdemeanor, whereas current law
provides that a second or subsequent theft or retail theft
conviction would be a Class 4 felony. The bill also makes a
second offense result in a six-month driver's license
suspension and a third and subsequent offense would result in
a one-year license suspension. The Illinois Vehicle Code
already provides for a minimum one-year driver's license
revocation for any driver convicted of a felony if a motor
vehicle is used during the commission of the offense.
Accordingly, current law would provide for more severe
criminal penalties and driver's license sanctions for repeat
offenders than would be provided with enactment of this bill.
I do not support reducing these sanctions.
For these reasons, I hereby veto and return Senate Bill
1514.
Sincerely,
George H. Ryan
GOVERNOR