People v. Miller

Defendant, Heather K. Miller, was charged by information in the circuit court of Boone County with concealing a fugitive in violation of section 31 — 5 of the Criminal Code of 1961 (720 ILCS 5/31 — 5 (West 1994)). Defendant filed a motion to dismiss the information. The circuit court granted the motion, holding that the concealment statute was unconstitutional under the proportionate penalties clause of the Illinois Constitution (Ill. Const. 1970, art. I, § 11). The State appealed directly to this court. 134 Ill. 2d R. 603.

BACKGROUND

The facts may be briefly stated. Rick D. Goodwin stole one…