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90_HB1370
720 ILCS 5/33B-1 from Ch. 38, par. 33B-1
Amends the Criminal Code of 1961 relating to habitual
criminals. Provides that a person who had been twice
convicted of a felony sex offense committed against a person
who was under 18 years of age at the time of the commission
of the offense and is thereafter convicted of a third such
offense shall be adjudged an habitual criminal and sentenced
to life imprisonment.
LRB9004438RCcd
LRB9004438RCcd
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 33B-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 33B-1 as follows:
7 (720 ILCS 5/33B-1) (from Ch. 38, par. 33B-1)
8 Sec. 33B-1. (a) Every person who has been twice
9 convicted in any state or federal court of an offense that
10 contains the same elements as an offense now classified in
11 Illinois as a Class X felony, criminal sexual assault,
12 aggravated kidnapping or first degree murder, and is
13 thereafter convicted of a Class X felony, criminal sexual
14 assault or first degree murder, committed after the 2 prior
15 convictions, shall be adjudged an habitual criminal.
16 (a-5) Every person who has been twice convicted in any
17 state or federal court of an offense that contains the same
18 elements as an offense now classified in Illinois as a felony
19 sex offense committed against a person who was under 18 years
20 of age at the time of the commission of the offense and is
21 thereafter convicted of a felony sex offense committed
22 against a person who was under 18 years of age at the time of
23 the commission of the offense after the 2 prior convictions,
24 shall be adjudged an habitual criminal. As used in this
25 subsection (a-5), "felony sex offense" means a felony sex
26 offense listed in paragraph (1) of subsection (B) of Section
27 2 of the Sex Offender Registration Act.
28 (b) The 2 prior convictions need not have been for the
29 same offense.
30 (c) Any convictions which result from or are connected
31 with the same transaction, or result from offenses committed
-2- LRB9004438RCcd
1 at the same time, shall be counted for the purposes of this
2 Section as one conviction.
3 (d) This Article shall not apply unless each of the
4 following requirements are satisfied:
5 (1) the third offense was committed after the
6 effective date of this Act;
7 (2) the third offense was committed within 20 years
8 of the date that judgment was entered on the first
9 conviction, provided, however, that time spent in custody
10 shall not be counted;
11 (3) the third offense was committed after
12 conviction on the second offense;
13 (4) the second offense was committed after
14 conviction on the first offense.
15 (e) Except when the death penalty is imposed, anyone
16 adjudged an habitual criminal shall be sentenced to life
17 imprisonment.
18 (Source: P.A. 88-677, eff. 12-15-94.)