Bill Status of HB1388  103rd General Assembly

Short Description:  CD CR-HABITUAL MISDEMEANANT

House Sponsors
Rep. Jackie Haas, Dennis Tipsword, Jr., Kevin Schmidt and Martin McLaughlin

Last Action
DateChamber Action
  4/5/2024HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
725 ILCS 5/110-6.1from Ch. 38, par. 110-6.1
725 ILCS 5/111-2.5 new
725 ILCS 5/114-7from Ch. 38, par. 114-7
730 ILCS 5/5-4.5-95


Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that, if a person has 3 or more pending charges for misdemeanor domestic battery, battery, violation of an order of protection, or criminal damage to property when the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986, the defendant may be charged as a habitual misdemeanant offender. Provides that the 3 or more charges alleged do not have to be for the same offense. Provides that any offense that results from or is connected with the same transaction, or results from an offense committed at the same time, shall be counted for the purposes of this provision as one offense. Provides that: (1) the third offense must have occurred after the second offense; (2) the second offense must have occurred after the first offense; and (3) all of the charged offenses must be proved at trial in order for the person to be adjudged a habitual misdemeanant offender. Provides that, once a person has been adjudged a habitual misdemeanant offender, any of the following charges for domestic battery, battery, violation of an order of protection, or criminal damage to property in which the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986 shall be charged as a Class 4 felony. Provides that a habitual misdemeanant offender shall be sentenced as a Class 4 felony offender for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years. Provides that the court may deny pretrial release to a person charged as a habitual misdemeanant offender. Amends the Unified Code of Corrections to make conforming changes.

Actions 
DateChamber Action
  1/24/2023HouseFiled with the Clerk by Rep. Jackie Haas
  1/31/2023HouseFirst Reading
  1/31/2023HouseReferred to Rules Committee
  2/28/2023HouseAssigned to Judiciary - Criminal Committee
  3/10/2023HouseRule 19(a) / Re-referred to Rules Committee
  4/27/2023HouseAdded Co-Sponsor Rep. Dennis Tipsword, Jr.
  4/27/2023HouseAdded Co-Sponsor Rep. Kevin Schmidt
  5/3/2023HouseAdded Co-Sponsor Rep. Martin McLaughlin
  2/14/2024HouseAssigned to Judiciary - Criminal Committee
  4/5/2024HouseRule 19(a) / Re-referred to Rules Committee