101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5362

 

Introduced , by Rep. Lamont J. Robinson, Jr.

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-4.5-95

    Amends the Unified Code of Corrections. Provides that the habitual criminal statute does not apply unless the first offense was committed when the person was 21 years of age or older. Provides that the third time offender provision concerning being sentenced as a Class X offender does not apply unless all 3 offenses were forcible felonies and the first offense was committed when the person was 21 years of age or older.


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A BILL FOR

 

HB5362LRB101 18464 RLC 67912 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-4.5-95 as follows:
 
6    (730 ILCS 5/5-4.5-95)
7    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
8    (a) HABITUAL CRIMINALS.
9        (1) Every person who has been twice convicted in any
10    state or federal court of an offense that contains the same
11    elements as an offense now (the date of the offense
12    committed after the 2 prior convictions) classified in
13    Illinois as a Class X felony, criminal sexual assault,
14    aggravated kidnapping, or first degree murder, and who is
15    thereafter convicted of a Class X felony, criminal sexual
16    assault, or first degree murder, committed after the 2
17    prior convictions, shall be adjudged an habitual criminal.
18        (2) The 2 prior convictions need not have been for the
19    same offense.
20        (3) Any convictions that result from or are connected
21    with the same transaction, or result from offenses
22    committed at the same time, shall be counted for the
23    purposes of this Section as one conviction.

 

 

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1        (4) This Section does not apply unless each of the
2    following requirements are satisfied:
3            (A) The third offense was committed after July 3,
4        1980.
5            (B) The third offense was committed within 20 years
6        of the date that judgment was entered on the first
7        conviction; provided, however, that time spent in
8        custody shall not be counted.
9            (C) The third offense was committed after
10        conviction on the second offense.
11            (D) The second offense was committed after
12        conviction on the first offense.
13            (E) The first offense was committed when the person
14        was 21 years of age or older.
15        (5) Anyone who, having attained the age of 18 at the
16    time of the third offense, is adjudged an habitual criminal
17    shall be sentenced to a term of natural life imprisonment.
18        (6) A prior conviction shall not be alleged in the
19    indictment, and no evidence or other disclosure of that
20    conviction shall be presented to the court or the jury
21    during the trial of an offense set forth in this Section
22    unless otherwise permitted by the issues properly raised in
23    that trial. After a plea or verdict or finding of guilty
24    and before sentence is imposed, the prosecutor may file
25    with the court a verified written statement signed by the
26    State's Attorney concerning any former conviction of an

 

 

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1    offense set forth in this Section rendered against the
2    defendant. The court shall then cause the defendant to be
3    brought before it; shall inform the defendant of the
4    allegations of the statement so filed, and of his or her
5    right to a hearing before the court on the issue of that
6    former conviction and of his or her right to counsel at
7    that hearing; and unless the defendant admits such
8    conviction, shall hear and determine the issue, and shall
9    make a written finding thereon. If a sentence has
10    previously been imposed, the court may vacate that sentence
11    and impose a new sentence in accordance with this Section.
12        (7) A duly authenticated copy of the record of any
13    alleged former conviction of an offense set forth in this
14    Section shall be prima facie evidence of that former
15    conviction; and a duly authenticated copy of the record of
16    the defendant's final release or discharge from probation
17    granted, or from sentence and parole supervision (if any)
18    imposed pursuant to that former conviction, shall be prima
19    facie evidence of that release or discharge.
20        (8) Any claim that a previous conviction offered by the
21    prosecution is not a former conviction of an offense set
22    forth in this Section because of the existence of any
23    exceptions described in this Section, is waived unless duly
24    raised at the hearing on that conviction, or unless the
25    prosecution's proof shows the existence of the exceptions
26    described in this Section.

 

 

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1        (9) If the person so convicted shows to the
2    satisfaction of the court before whom that conviction was
3    had that he or she was released from imprisonment, upon
4    either of the sentences upon a pardon granted for the
5    reason that he or she was innocent, that conviction and
6    sentence shall not be considered under this Section.
7    (b) When a defendant, over the age of 21 years, is
8convicted of a Class 1 or Class 2 forcible felony, except for
9an offense listed in subsection (c) of this Section, after
10having twice been convicted in any state or federal court of an
11offense that contains the same elements as an offense now (the
12date the Class 1 or Class 2 forcible felony was committed)
13classified in Illinois as a Class 2 or greater Class forcible
14felony, except for an offense listed in subsection (c) of this
15Section, and those charges are separately brought and tried and
16arise out of different series of acts, that defendant shall be
17sentenced as a Class X offender. This subsection does not apply
18unless:
19        (1) the first forcible felony was committed after
20    February 1, 1978 (the effective date of Public Act
21    80-1099);
22        (2) the second forcible felony was committed after
23    conviction on the first; and
24        (3) the third forcible felony was committed after
25    conviction on the second; and
26        (4) the first offense was committed when the person was

 

 

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1    21 years of age or older.
2    (c) (Blank). Subsection (b) of this Section does not apply
3to Class 1 or Class 2 felony convictions for a violation of
4Section 16-1 of the Criminal Code of 2012.
5    A person sentenced as a Class X offender under this
6subsection (b) is not eligible to apply for treatment as a
7condition of probation as provided by Section 40-10 of the
8Substance Use Disorder Act (20 ILCS 301/40-10).
9(Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759,
10eff. 1-1-19.)