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Synopsis As Introduced Amends the Criminal Code of 1961. Creates the offense of being an armed habitual criminal. Provides that a person commits the offense of being an armed habitual criminal if he or she receives, sells, possesses, or transfers any firearm after having been convicted a total of 3 or more times of any of the following offenses: first degree murder; aggravated battery; aggravated battery with a firearm; unlawful use of a weapon by a felon; robbery; armed robbery; residential burglary; home invasion; vehicular hijacking; gunrunning; intimidation; armed violence; criminal sexual assault; aggravated criminal sexual assault; predatory criminal sexual assault of a child; aggravated domestic battery; or any violation of the Illinois Controlled Substances Act or the Cannabis Control Act that is punishable as a Class 3 felony or higher. Provides that a violation is a Class X felony. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for being an armed habitual criminal shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment. Effective immediately.
Senate Committee Amendment No. 1 Provides that a person also commits the offense of being an armed habitual criminal if he or she receives, sells, possesses, or transfers a firearm after having been convicted a total of 3 or more times of aggravated battery with a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm, aggravated battery of a child, aggravated intimidation, or aggravated vehicular hijacking.
Senate Floor Amendment No. 3 Changes the new offense of being an armed habitual criminal. Provides that a person commits the offense of being an armed habitual criminal if he or she receives, sells, possesses, or transfers any firearm after having been convicted a total of 2 or more times of any combination of the following offenses: (1) a forcible felony; (2) unlawful use of a weapon by a felon; aggravated unlawful use of a weapon; aggravated discharge of a firearm; vehicular hijacking; aggravated vehicular hijacking; aggravated battery of a child; intimidation; aggravated intimidation; gunrunning; home invasion; or aggravated battery with a firearm; or (3) any violation of the Illinois Controlled Substances Act or the Cannabis Control Act that is punishable as a Class 3 felony or higher. Provides that a violation is a Class X felony.
Fiscal Note (Dept of Corrections)
This legislation would increase the length of stay for the offenders currently sentenced to prison for receiving, selling, possessing, or transferring a firearm, plus add offenders who currently receive probation or another community sanction under the current statutes. These enhancements would result in an increase of 1,423 inmates with $245,455,700 in additional costs over the first ten years after enactment. However, these calculations are based on limited accessible data. Increasing the penalty to a mandatory prison sentence may result in a greater number of plea bargains to avoid a prison sentence. Estimates may vary depending on how cases are prosecuted and plea bargained. Therefore, the full impact of this legislation is unknown.
Correctional Note (Dept of Corrections)
SB2578, as amended by SA3, would result in an increase of 7,677 inmates with $1,324,460,200 in additional costs over the first ten years after enactment. However, these calculations are based on limited accessible data. Increasing the penalty to a mandatory prison sentence may result in a greater number of plea bargains to avoid a prison sentence. Estimates may vary depending on how cases are prosecuted and plea bargained. Therefore, full impact of this amended legislation is unknown.
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