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PEOPLE v. SCHAEFER

Nos. 72884, 72946 and 72996.

609 N.E.2d 329 (1993)

154 Ill.2d 250

182 Ill.Dec. 26

The PEOPLE of the State of Illinois, Appellee, v. Harold SCHAEFER, Appellant. The PEOPLE of the State of Illinois, Appellee, v. Robert Michael HILL, Appellant. The PEOPLE of the State of Illinois, Appellant, v. Jack E. PUCKETT, Appellee.

Supreme Court of Illinois.

February 25, 1993.

Attorney(s) appearing for the Case

Stephen M. Komie and Marco A. Raimondi, Komie and Associates, Chicago, for appellant in No. 72884.

Roland W. Burris, Atty. Gen., Springfield, and Jack O'Malley, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Renee Goldfarb, Randall E. Roberts, Theodore Fotios Burtzos and David J. Stabrawa, Asst. State's Attys., of counsel), for the People in Nos. 72884 & 72946.

Richard H. Parsons and Kevin F. Sullivan, Peoria, for amicus curiae Illinois Attorneys for Criminal Justice in Nos. 72884, 72946 & 72996.

Rex L. Reu, of Thomson & Weintraub, Bloomington, for appellant in No. 72946.

Roland W. Burris, Atty. Gen., Springfield, Marshall E. Douglas, State's Atty., Rock Island, and Jack O'Malley, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, Renee Goldfarb, Randall E. Roberts, Theodore Fotios Burtzos and David J. Stabrawa, Asst. State's Attys., and Kenneth R. Boyle, John X. Breslin and Terry A. Mertel, of the Office of the State's Attys. Appellate Pros., Ottawa, of counsel), for the People in No. 72996.

Mark A. Appleton and Gregory J. McHugh, of Appleton & McHugh, Aledo, for appellee.

Justice BILANDIC delivered the opinion of the court:

In these consolidated appeals, we are asked to decide when the statutory 30-day period within which a hearing must be held on a defendant's petition to rescind the summary suspension of driving privileges commences to run.

In each of the cases, it is undisputed that the defendant's challenge to the summary suspension of driving privileges must be heard within the statutory 30-day period, unless the delay...

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