People v. Sparks
269 Ill. Dec. 309, 335 Ill. App. 3d 249, 780 N.E.2d 781 (2002)
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Rule of Law:
A location qualifies as a 'church' for the purpose of a statutory sentence enhancement if its primary use is for religious worship, regardless of its name, physical appearance, or inclusion within a larger, multi-purpose building. The statutory distance for such enhancements is measured in a straight line from the property boundary, not by pedestrian travel routes.
Facts:
- On July 20, 2000, Kevin Sparks delivered less than one gram of cocaine to Gregory Dahm, an undercover police officer.
- The transaction occurred at the intersection of State and Stephenson Streets in Freeport, Illinois.
- A Salvation Army building was located nearby at the intersection of Galena and Exchange Streets.
- Within this building was a chapel where David Bump, an ordained minister, conducted weekly religious services, including sermons, Bible readings, and singing.
- Bump testified that the chapel was used exclusively for religious services.
- The larger Salvation Army building also contained a soup kitchen, a dining room, a boardroom, and spaces for Sunday school and Bible study.
- Police officers used three different methods—a LIDAR device, a rotary wheel, and an aerial map with a scaled ruler—to measure the distance from the chapel to the drug transaction site.
- All three measurement methods produced a straight-line distance of less than 1,000 feet.
Procedural Posture:
- The State charged Kevin Sparks by information in the circuit court of Stephenson County with unlawful delivery of a controlled substance within 1,000 feet of a church.
- A jury trial was held.
- The jury found Sparks guilty of the charged offense.
- The trial court sentenced Sparks to a term of six years' imprisonment.
- Sparks, as appellant, filed a timely appeal to the Appellate Court of Illinois, Second District, challenging his conviction.
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Issue:
Does a Salvation Army chapel, located within a larger building that also provides social services, qualify as a 'church... or other place used primarily for religious worship' under the Illinois Controlled Substances Act, thereby triggering a sentence enhancement for a drug sale occurring within 1,000 feet?
Opinions:
Majority - Presiding Justice Hutchinson
Yes. A Salvation Army chapel qualifies as a 'church' under the statute because its primary use is for religious worship. The court determined that the legislature intended the term 'church' to mean a 'place used primarily for religious worship,' focusing on the building's function rather than its physical characteristics or name. Because the undisputed evidence showed the chapel's sole purpose was to conduct regular religious services, a jury could reasonably find it was a church. The court also held that the statute's plain language—'within 1,000 feet of the real property'—mandates that the distance be measured in a straight line, not along pedestrian routes.
Dissenting - Justice Bowman
No. The Salvation Army chapel does not qualify as a 'church' because the building housing it is not used primarily for religious worship. The dissent argues that the majority wrongly equates 'chapel' with 'church' and should have analyzed the primary use of the entire building. Given that the building housed a soup kitchen and food pantry and lacked any external religious characteristics, its primary use was social services, not religious worship. The dissent fears that the majority’s broad interpretation would improperly extend the sentence enhancement to any small worship space, such as one in a shopping mall or office building, which was beyond the legislature's intent.
Analysis:
This decision establishes a functional, use-based test for defining a 'church' under Illinois's drug-free zone statute, moving away from a reliance on traditional architectural features or formal titles. By focusing on the 'primary use' of a specific space, the ruling broadens the application of sentence enhancements to facilities like community centers or multi-purpose buildings that contain a dedicated area for worship. Furthermore, the court's clarification that distance must be measured in a straight line ('as the crow flies') creates a bright-line rule for law enforcement, simplifying prosecution but potentially expanding liability in urban areas with indirect pedestrian paths.
