Bill Text: IL HB5362 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5362 Detail]

Download: Illinois-2019-HB5362-Introduced.html

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

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

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

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

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