97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1962

 

Introduced 2/10/2011, by Sen. John J. Millner

 

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

    Provides that every person who has been twice convicted in any state or federal court of a felony offense that contains the same element of the intentional or knowing infliction of great bodily harm, permanent disability or permanent disfigurement as the felony offense for which the person is now to be sentenced and the current offense was committed after the 2 prior convictions, shall be adjudged an habitual violent offender. Provides that, except when the death penalty is imposed, anyone adjudged a habitual violent offender shall be sentenced to a term of natural life imprisonment.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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        (5) Except when the death penalty is imposed, anyone
14    adjudged an habitual criminal shall be sentenced to a term
15    of natural life imprisonment.
16        (6) A prior conviction shall not be alleged in the
17    indictment, and no evidence or other disclosure of that
18    conviction shall be presented to the court or the jury
19    during the trial of an offense set forth in this Section
20    unless otherwise permitted by the issues properly raised in
21    that trial. After a plea or verdict or finding of guilty
22    and before sentence is imposed, the prosecutor may file
23    with the court a verified written statement signed by the
24    State's Attorney concerning any former conviction of an
25    offense set forth in this Section rendered against the
26    defendant. The court shall then cause the defendant to be

 

 

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

 

 

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1    had that he or she was released from imprisonment, upon
2    either of the sentences upon a pardon granted for the
3    reason that he or she was innocent, that conviction and
4    sentence shall not be considered under this Section.
5    (a-5) HABITUAL VIOLENT OFFENDER.
6        (1) Every person who has been twice convicted in any
7    state or federal court of a felony offense that contains
8    the same element of the intentional or knowing infliction
9    of great bodily harm, permanent disability or permanent
10    disfigurement as the felony offense for which the person is
11    now to be sentenced and the current offense was committed
12    after the 2 prior convictions, shall be adjudged an
13    habitual violent offender.
14        (2) The 2 prior convictions need not have been for the
15    same offense.
16        (3) Any convictions that result from or are connected
17    with the same transaction, or result from offenses
18    committed at the same time, shall be counted for the
19    purposes of this subsection as one conviction.
20        (4) This subsection does not apply unless each of the
21    following requirements are satisfied:
22            (A) The person was sentenced to a term of
23        imprisonment on the first and second offenses.
24            (B) The third offense was committed after December
25        31, 2011.
26            (C) The third offense was committed within 20 years

 

 

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1        of the date that judgment was entered on the first
2        conviction; provided, however, that time spent in
3        custody shall not be counted.
4            (D) The third offense was committed after
5        conviction on the second offense.
6            (E) The second offense was committed after
7        conviction on the first offense.
8        (5) Except when the death penalty is imposed, anyone
9    adjudged a habitual violent offender shall be sentenced to
10    a term of natural life imprisonment.
11        (6) A prior conviction shall not be alleged in the
12    indictment, and no evidence or other disclosure of that
13    conviction shall be presented to the court or the jury
14    during the trial of an offense set forth in this subsection
15    unless otherwise permitted by the issues properly raised in
16    that trial. After a plea or verdict or finding of guilty
17    and before sentence is imposed, the prosecutor may file
18    with the court a verified written statement signed by the
19    State's Attorney concerning any former conviction of an
20    offense set forth in this subsection rendered against the
21    defendant. The court shall then cause the defendant to be
22    brought before it; shall inform the defendant of the
23    allegations of the statement so filed, and of his or her
24    right to a hearing before the court on the issue of that
25    former conviction and of his or her right to counsel at
26    that hearing; and unless the defendant admits such

 

 

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1    conviction, shall hear and determine the issue, and shall
2    make a written finding thereon. If a sentence has
3    previously been imposed, the court may vacate that sentence
4    and impose a new sentence in accordance with this
5    subsection.
6        (7) A duly authenticated copy of the record of any
7    alleged former conviction of an offense set forth in this
8    subsection shall be prima facie evidence of that former
9    conviction; and a duly authenticated copy of the record of
10    the defendant's final release or discharge from probation
11    granted, and from sentence and parole supervision imposed
12    pursuant to that former conviction, shall be prima facie
13    evidence of that release and discharge.
14        (8) Any claim that a previous conviction offered by the
15    prosecution is not a former conviction of an offense set
16    forth in this subsection because of the existence of any
17    exceptions described in this subsection, is waived unless
18    duly raised at the hearing on that conviction, or unless
19    the prosecution's proof shows the existence of the
20    exceptions described in this subsection.
21        (9) If the person so convicted shows to the
22    satisfaction of the court before whom that conviction was
23    had that he or she was released from imprisonment, upon
24    either of the sentences upon a pardon granted for the
25    reason that he or she was innocent, that conviction and
26    sentence shall not be considered under this subsection.

 

 

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1    (b) When a defendant, over the age of 21 years, is
2convicted of a Class 1 or Class 2 felony, after having twice
3been convicted in any state or federal court of an offense that
4contains the same elements as an offense now (the date the
5Class 1 or Class 2 felony was committed) classified in Illinois
6as a Class 2 or greater Class felony and those charges are
7separately brought and tried and arise out of different series
8of acts, that defendant shall be sentenced as a Class X
9offender. This subsection does not apply unless:
10        (1) the first felony was committed after February 1,
11    1978 (the effective date of Public Act 80-1099);
12        (2) the second felony was committed after conviction on
13    the first; and
14        (3) the third felony was committed after conviction on
15    the second.
16    A person sentenced as a Class X offender under this
17subsection (b) is not eligible to apply for treatment as a
18condition of probation as provided by Section 40-10 of the
19Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
20301/40-10).
21(Source: P.A. 95-1052, eff. 7-1-09.)