ILLINOIS AHEAD

Where England failed, Illinois. has succeeded. In the first major revision of its criminal code since 1874, the Illinois State Legislature in general assembly approved a revised code which went into effect the first of this year. Signed by Gov. Otto Kerner the revised code which was drafted by an 18-member joint committee of the Illinois and Chicago Bar associations, will bring criminal law in Illinois up to date. The new code required more than six years of work. Apparently starting long before Wolfenden was even thought of (and Wolfenden after all the talk ended up as so much hot air), and carrying its revisions farther than either Wolfenden or The American Law Institute, the Illinois Commission deserves much credit for its mature attitude toward morality and crime.

The revisions will immediately bring the state's laws more nearly into conformity with educated attitudes on crime and punishment and will eliminate inconsistencies embodied previously in 148 chapters and 832 sections of the statute book.

For example: under the old laws the minimum penalty for horse theft was 3 years in jail while the maximum sentence for auto theft was 1 year.

A booklet outlining the new code has been prepared for Chicago police by Claude R. Sowle, assistant professor at the Northwestern University law school. Hearkening to the report of The Church of England Moral Welfare Council Mr. Sowle commented on his work, "The law should not be cluttered with matters of morality so long as they do not endanger the community. Morality should be left to the church, community and the in-

dividual's own conscience."

Intelligently reflecting this view the new code no longer makes it a crime to possess a book or other material which has been ruled obscene. It will also be lawful to give such material away if it is given to a personal associate who is at least 18.

Of major significance to readers of ONE is that portion of the new code that provides that it is not unlawful for homosexuals or persons of the same sex to engage in sexual relations in private so long as the participants are adults and force has not been used (see editorial).

The new code has no such crime as statutory rape, which forbade sexual relations with a girl under 16. The revision has two statutes which can be applied in these cases, however. One, a felony called indecent liberty with a child, the other, a misdemeanor called contributing to the sexual delinquency of a child.

Also under the revised code juries no longer will be able to set the sentence of a convicted man, though they can recommend the death penalty where applicable. The judge will decide the penalties, and a life sentence will not be among them. All sentences are indeterminate terms such as 1 to 10 years, 14 to 25 years, depending on the crime.

Many other laws were affected: prostitution, gambling, procuring, bribery, parole eligibility, etc. In nearly every case the revisions were beneficial. Other states should heed the example of Illinois and bring themselves abreast of current attitudes.

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