Bill Status of SB2578  93rd General Assembly

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Short Description:  CRIM CD-ARMED HABITUAL CRIM

Senate Sponsors
Sen. John J. Cullerton - Dave Sullivan - Jacqueline Y. Collins - Iris Y. Martinez and Kirk W. Dillard

House Sponsors
(Rep. James D. Brosnahan - Paul D. Froehlich - William Delgado - John A. Fritchey - Careen Gordon, Patricia R. Bellock, Harry Osterman, Marlow H. Colvin, Kevin A. McCarthy, Kevin Joyce, Deborah L. Graham, Elaine Nekritz, Joseph M. Lyons, Patricia Bailey, Michael K. Smith, Karen A. Yarbrough, William J. Grunloh, Lisa M. Dugan and Frank Aguilar)

Last Action

Date	Chamber	Action
1/11/2005	Senate	Session Sine Die

Statutes Amended In Order of Appearance

720 ILCS 5/24-1.7 new

730 ILCS 5/3-6-3

from Ch. 38, par. 1003-6-3

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.

Actions 

Date	Chamber	Action
2/4/2004	Senate	Filed with Secretary by Sen. John J. Cullerton
2/4/2004	Senate	First Reading
2/4/2004	Senate	Referred to Rules
2/10/2004	Senate	Assigned to Judiciary
2/19/2004	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
2/19/2004	Senate	Senate Committee Amendment No. 1 Referred to Rules
2/19/2004	Senate	Senate Committee Amendment No. 1 Rules Refers to Judiciary
2/19/2004	Senate	Senate Committee Amendment No. 1 Adopted
2/19/2004	Senate	Do Pass as Amended Judiciary; 009-000-000
2/19/2004	Senate	Placed on Calendar Order of 2nd Reading February 20, 2004
2/19/2004	Senate	Added as Chief Co-Sponsor Sen. Dave Sullivan
2/20/2004	Senate	Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
2/20/2004	Senate	Senate Floor Amendment No. 2 Referred to Rules
2/20/2004	Senate	Added as Co-Sponsor Sen. Kirk W. Dillard
2/24/2004	Senate	Second Reading
2/24/2004	Senate	Placed on Calendar Order of 3rd Reading February 25, 2004
2/24/2004	Senate	Senate Floor Amendment No. 3 Filed with Secretary by Sen. John J. Cullerton
2/24/2004	Senate	Senate Floor Amendment No. 3 Referred to Rules
3/16/2004	Senate	Fiscal Note Filed from the Illinois Department of Corrections
3/23/2004	Senate	Senate Floor Amendment No. 3 Rules Refers to Judiciary
3/24/2004	Senate	Senate Floor Amendment No. 3 Be Adopted Judiciary; 009-000-000
3/25/2004	Senate	Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins
3/25/2004	Senate	Added as Chief Co-Sponsor Sen. Iris Y. Martinez
3/25/2004	Senate	Recalled to Second Reading
3/25/2004	Senate	Senate Floor Amendment No. 3 Adopted; Cullerton
3/25/2004	Senate	Placed on Calendar Order of 3rd Reading
3/25/2004	Senate	Correctional Note Filed Corrections Budget and Impact Note, as amended by Senate Amendment No. 3, from the Illinois Department of Corrections.
3/25/2004	Senate	Third Reading - Passed; 056-000-000
3/25/2004	Senate	Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
3/26/2004	House	Arrived in House
3/26/2004	House	Placed on Calendar Order of First Reading
3/29/2004	House	Chief House Sponsor Rep. Paul D. Froehlich
3/29/2004	House	First Reading
3/29/2004	House	Referred to Rules Committee
3/30/2004	House	Added Alternate Chief Co-Sponsor Rep. William Delgado
3/30/2004	House	Added Alternate Chief Co-Sponsor Rep. James D. Brosnahan
3/30/2004	House	Added Alternate Chief Co-Sponsor Rep. John A. Fritchey
3/30/2004	House	Added Alternate Chief Co-Sponsor Rep. Careen Gordon
3/30/2004	House	Added Alternate Co-Sponsor Rep. Patricia R. Bellock
3/30/2004	House	Added Alternate Co-Sponsor Rep. Harry Osterman
3/30/2004	House	Added Alternate Co-Sponsor Rep. Marlow H. Colvin
4/2/2004	House	Alternate Chief Sponsor Changed to Rep. James D. Brosnahan
4/2/2004	House	Sponsor Removed Rep. James D. Brosnahan
4/2/2004	House	Added Alternate Chief Co-Sponsor Rep. Paul D. Froehlich
4/2/2004	House	Added Alternate Co-Sponsor Rep. Kevin A. McCarthy
4/20/2004	House	Assigned to Judiciary II - Criminal Law Committee
4/22/2004	House	Added Alternate Co-Sponsor Rep. Kevin Joyce
4/22/2004	House	Added Alternate Co-Sponsor Rep. Deborah L. Graham
4/22/2004	House	Added Alternate Co-Sponsor Rep. Elaine Nekritz
4/22/2004	House	Added Alternate Co-Sponsor Rep. Joseph M. Lyons
4/29/2004	House	Do Pass / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
4/29/2004	House	Placed on Calendar 2nd Reading - Short Debate
4/29/2004	House	Added Alternate Co-Sponsor Rep. Patricia Bailey
5/4/2004	House	Added Alternate Co-Sponsor Rep. Michael K. Smith
5/5/2004	House	Added Alternate Co-Sponsor Rep. Karen A. Yarbrough
5/11/2004	House	Added Alternate Co-Sponsor Rep. William J. Grunloh
5/11/2004	House	Added Alternate Co-Sponsor Rep. Lisa M. Dugan
5/11/2004	House	Added Alternate Co-Sponsor Rep. Frank Aguilar
5/14/2004	House	Committee/3rd Reading Deadline Extended-Rule 9(b) May 31, 2004
5/27/2004	House	Second Reading - Short Debate
5/27/2004	House	Held on Calendar Order of Second Reading - Short Debate
6/1/2004	House	Rule 19(a) / Re-referred to Rules Committee
1/11/2005	Senate	Session Sine Die