Full Text of HB5771 97th General Assembly
HB5771ham001 97TH GENERAL ASSEMBLY | Rep. Esther Golar Filed: 3/27/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5771
| 2 | | AMENDMENT NO. ______. Amend House Bill 5771 on page 1, line | 3 | | 6, by inserting "5-5.5-5," after "Sections"; and
| 4 | | on page 1, by inserting immediately below line 6 the following:
| 5 | | "(730 ILCS 5/5-5.5-5)
| 6 | | Sec. 5-5.5-5. Definitions and rules of construction. In | 7 | | this Article:
| 8 | | "Eligible offender" means a person who has been
convicted | 9 | | of a crime in this State or of an offense in any other | 10 | | jurisdiction that does not include any offense or attempted | 11 | | offense that would subject a person to registration under the | 12 | | Sex Offender Registration Act, the Arsonist Registration Act, | 13 | | or the Murderer and Violent Offender Against Youth Registration | 14 | | Act , but who has not been convicted more than twice of a | 15 | | felony . "Eligible offender" does not include a person who has | 16 | | been convicted of committing or attempting to commit a Class X |
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| 1 | | felony, aggravated driving under the influence of alcohol, | 2 | | other drug or drugs, or intoxicating compound or compounds, or | 3 | | any combination thereof, aggravated domestic battery, or a | 4 | | forcible felony.
| 5 | | "Felony" means a conviction of a felony in this State, or
| 6 | | of an offense in any other jurisdiction for which a sentence to | 7 | | a
term of imprisonment in excess of one year, was authorized.
| 8 | | For the purposes of this Article the following rules of | 9 | | construction apply:
| 10 | | (i) two or more convictions of felonies charged in | 11 | | separate counts of one
indictment or information shall be | 12 | | deemed to be one conviction;
| 13 | | (ii) two or more convictions of felonies charged in 2 | 14 | | or more indictments
or informations, filed in the same | 15 | | court prior to entry of judgment under any
of them, shall | 16 | | be deemed to be one conviction; and
| 17 | | (iii) a plea or a verdict of guilty upon which a | 18 | | sentence
of probation, conditional discharge, or | 19 | | supervision
has been imposed shall be deemed to be a | 20 | | conviction.
| 21 | | "Forcible felony" means first degree murder, second degree | 22 | | murder, aggravated arson, arson, aggravated kidnapping, | 23 | | kidnapping, aggravated battery that resulted in great bodily | 24 | | harm or permanent disability, and any other felony which | 25 | | involved the use of physical force or violence against any | 26 | | individual that resulted in great bodily harm or permanent |
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| 1 | | disability. | 2 | | (Source: P.A. 96-852, eff. 1-1-10; 97-154, eff. 1-1-12.)".
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