Bill Status of HB4505  93rd General Assembly

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Short Description:  CRIM CD-ARMED HABITUAL CRIM

House Sponsors
Rep. James D. Brosnahan - Kevin Joyce - Kevin A. McCarthy - Jim Sacia - Richard T. Bradley, Deborah L. Graham, William Delgado, Harry Osterman, Patricia Bailey, Linda Chapa LaVia, Jack D. Franks, Robert Rita, Charles E. Jefferson, William B. Black, Chapin Rose, Joseph M. Lyons and Karen A. Yarbrough

Senate Sponsors
(Sen. Jacqueline Y. Collins - Edward D. Maloney - M. Maggie Crotty)

Last Action

Date	Chamber	Action
1/11/2005	House	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.

House Committee Amendment No. 1
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.

Correctional Note (Dept of Corrections)

The total impact of House Bill 4505, as amended by House Amendment 1, would result in an increase of 7,677 inmates with additional operating costs of $895,902,600 and construction costs of $428,577,600 over ten years. 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 amended legislation is unknown.

Actions 

Date	Chamber	Action
2/3/2004	House	Filed with the Clerk by Rep. James D. Brosnahan
2/3/2004	House	First Reading
2/3/2004	House	Referred to Rules Committee
2/19/2004	House	Assigned to Judiciary II - Criminal Law Committee
3/4/2004	House	House Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
3/4/2004	House	House Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
3/4/2004	House	Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
3/4/2004	House	Placed on Calendar 2nd Reading - Short Debate
3/4/2004	House	Added Chief Co-Sponsor Rep. Kevin Joyce
3/4/2004	House	Added Chief Co-Sponsor Rep. Kevin A. McCarthy
3/4/2004	House	Added Chief Co-Sponsor Rep. Jim Sacia
3/4/2004	House	Added Co-Sponsor Rep. Deborah L. Graham
3/4/2004	House	Added Chief Co-Sponsor Rep. Richard T. Bradley
3/4/2004	House	Added Co-Sponsor Rep. William Delgado
3/4/2004	House	Added Co-Sponsor Rep. Harry Osterman
3/4/2004	House	Added Co-Sponsor Rep. Patricia Bailey
3/26/2004	House	Added Co-Sponsor Rep. Linda Chapa LaVia
3/26/2004	House	Added Co-Sponsor Rep. Jack D. Franks
3/26/2004	House	Second Reading - Short Debate
3/26/2004	House	Placed on Calendar Order of 3rd Reading - Short Debate
3/26/2004	House	Added Co-Sponsor Rep. Robert Rita
3/26/2004	House	Added Co-Sponsor Rep. Charles E. Jefferson
3/29/2004	House	Added Co-Sponsor Rep. William B. Black
3/29/2004	House	Added Co-Sponsor Rep. Chapin Rose
3/29/2004	House	Added Co-Sponsor Rep. Joseph M. Lyons
3/29/2004	House	Third Reading - Short Debate - Passed 113-000-000
3/30/2004	Senate	Arrive in Senate
3/30/2004	Senate	Placed on Calendar Order of First Reading March 31, 2004
3/30/2004	House	Added Co-Sponsor Rep. Karen A. Yarbrough
3/30/2004	Senate	Chief Senate Sponsor Sen. Jacqueline Y. Collins
3/31/2004	Senate	First Reading
3/31/2004	Senate	Referred to Rules
4/2/2004	Senate	Added as Alternate Co-Sponsor Sen. Edward D. Maloney
4/5/2004	Senate	Correctional Note Filed Corrections Budget and Impact Note as amended by House Amendment No. 1 from the Illinois Department of Corrections.
4/21/2004	Senate	Assigned to Judiciary
4/28/2004	Senate	Do Pass Judiciary; 009-000-000
4/28/2004	Senate	Placed on Calendar Order of 2nd Reading April 29, 2004
4/29/2004	Senate	Sponsor Removed Sen. Edward D. Maloney
4/29/2004	Senate	Added as Alternate Chief Co-Sponsor Sen. Edward D. Maloney
5/12/2004	Senate	Second Reading
5/12/2004	Senate	Placed on Calendar Order of 3rd Reading May 13, 2004
5/13/2004	Senate	Added as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty
5/13/2004	Senate	Third Reading Deadline Extended - Rule 2-10, extended to January 11, 2005.
8/24/2004	Senate	Pursuant to Senate Rule 3-9(b) / Referred to Rules
1/11/2005	House	Session Sine Die