The People of the State of Illinois v. Shane D. Harvey

¶ 26 This court's primary objective in interpreting a statute or ordinance is to ascertain and give effect to the intent of the legislative body. Henderson Square Condominium Ass'n v. LAB Townhomes, LLC , 2015 IL 118139, ¶ 67, 399 Ill.Dec. 387, 46 N.E.3d 706. What was true 64 years ago is still true today: "All laws should receive a sensible interpretation, and [an] * * * ordinance will not be so literally construed as to produce an absurd result which, even though within its letter, is contrary to the obvious legislative intent." Village of Itasca v. Luehring , 4 Ill.2d 426, 429, 123 N.E.2d 312 (1954). We do not believe that the county board intended that service of "civil process" be compensated, under the most recent fee enhancement ordinance, at $40, while "criminal process" and all subpoenas are compensated at $10, the amount set forth in the base statute. It appears to us that the umbrella term, "civil process," is sufficient, as defined in the ordinance, to cover the fees charged here. If it were necessary to read the terms at issue into the ordinance, we would do so using our analogous authority with respect to statutory omission. See People v. Masterson , 207 Ill.2d 305, 329, 278 Ill.Dec. 351, 798 N.E.2d 735 (2003) ("When the intent of the legislature is otherwise clear, the judiciary possesses the authority to read language into a statute which has been omitted through legislative oversight."). People v. Harvey, 2018 IL 122325, 115 N.E.3d 172, 425 Ill.Dec. 617 (Ill., 2018)