TOUGHER PENALTIES FOR DRUG CRIMES CLOSE TO CHURCHES ARE TESTED

SPRINGFIELD, ILL. - When Marzeal Marshall and Gabriella Falbe were pulled
over by a police officer in Centralia, Ill., last year, they likely knew
they were in trouble. They had what court documents describe as "a large
amount of cocaine" with them at the time.

What they probably didn't know was that the officer's decision to pull them
over in front of a church -- instead of doing it a few blocks earlier or
later -- meant they could face twice as much prison time as they might
otherwise have faced.

The Illinois Supreme Court this week will consider whether an Illinois law
creating "enhanced penalties" for drug offenses committed within 1,000 feet
of a church or synagogue is an unconstitutional government endorsement of
religion.

The defendants' lawyers also will argue that the law gives police too much
power, allowing them to arbitrarily double a suspect's sentence just by
deciding where to make the arrest.

If the court agrees, it could have ramifications on a slew of Illinois laws
passed in recent years that create tougher penalties for drug offenses
committed near schools, nursing homes, public housing and other "safety
zones."

"It gives police an authority on penalties that isn't rightly theirs," said
Ed Yohnka of the American Civil Liberties Union. The ACLU isn't involved in
the current case but in the past has opposed the concept of "safety zones"
in Illinois public housing. "The penalties increase . . . depending on
which street corner you pull them over at," Yohnka said.

The state, supporting the law, will argue that the police officer's
decision to pull the two suspects over in a church "safety zone" was
coincidental, without any "sinister motives" by the officer, and so the
enhanced penalties should stand.

Among those who are unsure about that is the law's original sponsor. "This
wasn't my intention," said state Rep. John O. Jones, R-Mount Vernon, who
co-sponsored the bill that created the law in 1996.

According to court documents, police received information on April 3, 1998,
that Marshall and Falbe had cocaine in a home near Centralia. One officer
watched the home while others went to secure a search warrant.

While the other officers were gone, Marshall and Falbe got into a car and
drove off, and the remaining officer - who knew about the drug tip -
followed. He pulled them over for speeding, found the cocaine in their
possession and arrested them.

The officer pulled them over near Eternity Baptist Church in Centralia.
Because of that, the potential sentence was "enhanced," meaning that
instead of facing a possible maximum sentence of 15 years, they could have
faced up to 30.

Missouri has just two types of "safety zones": within 2,000 feet of schools
or within 1,000 feet of public housing.

Illinois has a long list of them, including schools, public housing, public
parks, places of worship, nursing homes and related facilities, truck stops
and public rest areas.

Jones said Friday that the Marshall-Falbe arrest isn't what he had in mind
when he sponsored the law. "My intention was (to create enhanced penalties)
if someone was standing on a street corner near a church, selling drugs. It
wasn't for someone who happens to get pulled over" in front of a church.

A circuit court in Marion County agreed. It rejected the enhanced charges
against Marshall and Falbe. The state appealed to the Illinois Supreme Court.

The defense claims that in addition to being open to arbitrary enforcement
by police, the law is an unconstitutional establishment of religion by the
state. "By implication, the statute suggests that the government finds
certain property to be sacred (and) requires special government
protection," claims the defense brief.

The state's brief counters: "It is not beyond the ken of the Legislature to
recognize that religious organizations comprise an essential component of
the community."

The twin hot-button issues of drugs and religion are part of what helped
the law pass the Legislature unanimously in 1996. Rep. Lou Lang, D-Skokie,
expressed sarcasm during the 1996 floor debate, according to a transcript
included in the court briefs.

"Is this really a problem in Illinois?" Lang asked Jones, the co-sponsor.
"I've been to my synagogue a number of times in the last couple months and
I haven't seen any crack deals going on."

The defense brief cites Lang's comments, and others like it, as proof that
even lawmakers understood that the law was for political appeasement rather
than a response to any real need in law enforcement.

Lang, who voted for the bill, said last week that he didn't specifically
recall the debate but supports the concept of enhanced "safety zone"
penalties.

Though the original 1998 case against Marshall and Falbe was suspended
pending the Supreme Court appeal, both were arrested and convicted in a
subsequent cocaine bust this year. Marshall is serving an eight-year
sentence at Robinson Correctional Center - a sentence that was enhanced
because his crime occurred within 1,000 feet of a school. Falbe is on
probation. She couldn't be reached for comment last week.

The Supreme Court will hear oral arguments in the case Thursday.