Illinois General Assembly - Full Text of HB4808
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Full Text of HB4808  102nd General Assembly

HB4808 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4808

 

Introduced 1/27/2022, by Rep. Jackie Haas

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-6.1  from Ch. 38, par. 110-6.1
725 ILCS 5/111-2.5 new
725 ILCS 5/114-7  from Ch. 38, par. 114-7
730 ILCS 5/5-4.5-95

    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.


LRB102 25013 RLC 34270 b

 

 

A BILL FOR

 

HB4808LRB102 25013 RLC 34270 b

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 Code of Criminal Procedure of 1963 is
5amended by changing Sections 110-6.1 and 114-7 and by adding
6Section 111-2.5 as follows:
 
7    (725 ILCS 5/110-6.1)  (from Ch. 38, par. 110-6.1)
8    (Text of Section before amendment by P.A. 101-652)
9    Sec. 110-6.1. Denial of bail in non-probationable felony
10offenses.
11    (a) Upon verified petition by the State, the court shall
12hold a hearing to determine whether bail should be denied to a
13defendant who is charged with a felony offense for which a
14sentence of imprisonment, without probation, periodic
15imprisonment or conditional discharge, is required by law upon
16conviction, when it is alleged that the defendant's admission
17to bail poses a real and present threat to the physical safety
18of any person or persons.
19        (1) A petition may be filed without prior notice to
20    the defendant at the first appearance before a judge, or
21    within the 21 calendar days, except as provided in Section
22    110-6, after arrest and release of the defendant upon
23    reasonable notice to defendant; provided that while such

 

 

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1    petition is pending before the court, the defendant if
2    previously released shall not be detained.
3        (2) The hearing shall be held immediately upon the
4    defendant's appearance before the court, unless for good
5    cause shown the defendant or the State seeks a
6    continuance. A continuance on motion of the defendant may
7    not exceed 5 calendar days, and a continuance on the
8    motion of the State may not exceed 3 calendar days. The
9    defendant may be held in custody during such continuance.
10    (b) The court may deny bail to the defendant where, after
11the hearing, it is determined that:
12        (1) the proof is evident or the presumption great that
13    the defendant has committed an offense for which a
14    sentence of imprisonment, without probation, periodic
15    imprisonment or conditional discharge, must be imposed by
16    law as a consequence of conviction, and
17        (2) the defendant poses a real and present threat to
18    the physical safety of any person or persons, by conduct
19    which may include, but is not limited to, a forcible
20    felony, the obstruction of justice, intimidation, injury,
21    physical harm, an offense under the Illinois Controlled
22    Substances Act which is a Class X felony, or an offense
23    under the Methamphetamine Control and Community Protection
24    Act which is a Class X felony, and
25        (3) the court finds that no condition or combination
26    of conditions set forth in subsection (b) of Section

 

 

HB4808- 3 -LRB102 25013 RLC 34270 b

1    110-10 of this Article, can reasonably assure the physical
2    safety of any other person or persons.
3    (c) Conduct of the hearings.
4        (1) The hearing on the defendant's culpability and
5    dangerousness shall be conducted in accordance with the
6    following provisions:
7            (A) Information used by the court in its findings
8        or stated in or offered at such hearing may be by way
9        of proffer based upon reliable information offered by
10        the State or by defendant. Defendant has the right to
11        be represented by counsel, and if he is indigent, to
12        have counsel appointed for him. Defendant shall have
13        the opportunity to testify, to present witnesses in
14        his own behalf, and to cross-examine witnesses if any
15        are called by the State. The defendant has the right to
16        present witnesses in his favor. When the ends of
17        justice so require, the court may exercises its
18        discretion and compel the appearance of a complaining
19        witness. The court shall state on the record reasons
20        for granting a defense request to compel the presence
21        of a complaining witness. Cross-examination of a
22        complaining witness at the pretrial detention hearing
23        for the purpose of impeaching the witness' credibility
24        is insufficient reason to compel the presence of the
25        witness. In deciding whether to compel the appearance
26        of a complaining witness, the court shall be

 

 

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1        considerate of the emotional and physical well-being
2        of the witness. The pre-trial detention hearing is not
3        to be used for purposes of discovery, and the post
4        arraignment rules of discovery do not apply. The State
5        shall tender to the defendant, prior to the hearing,
6        copies of defendant's criminal history, if any, if
7        available, and any written or recorded statements and
8        the substance of any oral statements made by any
9        person, if relied upon by the State in its petition.
10        The rules concerning the admissibility of evidence in
11        criminal trials do not apply to the presentation and
12        consideration of information at the hearing. At the
13        trial concerning the offense for which the hearing was
14        conducted neither the finding of the court nor any
15        transcript or other record of the hearing shall be
16        admissible in the State's case in chief, but shall be
17        admissible for impeachment, or as provided in Section
18        115-10.1 of this Code, or in a perjury proceeding.
19            (B) A motion by the defendant to suppress evidence
20        or to suppress a confession shall not be entertained.
21        Evidence that proof may have been obtained as the
22        result of an unlawful search and seizure or through
23        improper interrogation is not relevant to this state
24        of the prosecution.
25        (2) The facts relied upon by the court to support a
26    finding that the defendant poses a real and present threat

 

 

HB4808- 5 -LRB102 25013 RLC 34270 b

1    to the physical safety of any person or persons shall be
2    supported by clear and convincing evidence presented by
3    the State.
4    (d) Factors to be considered in making a determination of
5dangerousness. The court may, in determining whether the
6defendant poses a real and present threat to the physical
7safety of any person or persons, consider but shall not be
8limited to evidence or testimony concerning:
9        (1) The nature and circumstances of any offense
10    charged, including whether the offense is a crime of
11    violence, involving a weapon.
12        (2) The history and characteristics of the defendant
13    including:
14            (A) Any evidence of the defendant's prior criminal
15        history indicative of violent, abusive or assaultive
16        behavior, or lack of such behavior. Such evidence may
17        include testimony or documents received in juvenile
18        proceedings, criminal, quasi-criminal, civil
19        commitment, domestic relations or other proceedings.
20            (B) Any evidence of the defendant's psychological,
21        psychiatric or other similar social history which
22        tends to indicate a violent, abusive, or assaultive
23        nature, or lack of any such history.
24        (3) The identity of any person or persons to whose
25    safety the defendant is believed to pose a threat, and the
26    nature of the threat;

 

 

HB4808- 6 -LRB102 25013 RLC 34270 b

1        (4) Any statements made by, or attributed to the
2    defendant, together with the circumstances surrounding
3    them;
4        (5) The age and physical condition of any person
5    assaulted by the defendant;
6        (6) Whether the defendant is known to possess or have
7    access to any weapon or weapons;
8        (7) Whether, at the time of the current offense or any
9    other offense or arrest, the defendant was on probation,
10    parole, aftercare release, mandatory supervised release or
11    other release from custody pending trial, sentencing,
12    appeal or completion of sentence for an offense under
13    federal or state law;
14        (8) Any other factors, including those listed in
15    Section 110-5 of this Article deemed by the court to have a
16    reasonable bearing upon the defendant's propensity or
17    reputation for violent, abusive or assaultive behavior, or
18    lack of such behavior.
19    (e) Detention order. The court shall, in any order for
20detention:
21        (1) briefly summarize the evidence of the defendant's
22    culpability and its reasons for concluding that the
23    defendant should be held without bail;
24        (2) direct that the defendant be committed to the
25    custody of the sheriff for confinement in the county jail
26    pending trial;

 

 

HB4808- 7 -LRB102 25013 RLC 34270 b

1        (3) direct that the defendant be given a reasonable
2    opportunity for private consultation with counsel, and for
3    communication with others of his choice by visitation,
4    mail and telephone; and
5        (4) direct that the sheriff deliver the defendant as
6    required for appearances in connection with court
7    proceedings.
8    (f) If the court enters an order for the detention of the
9defendant pursuant to subsection (e) of this Section, the
10defendant shall be brought to trial on the offense for which he
11is detained within 90 days after the date on which the order
12for detention was entered. If the defendant is not brought to
13trial within the 90 day period required by the preceding
14sentence, he shall not be held longer without bail. In
15computing the 90 day period, the court shall omit any period of
16delay resulting from a continuance granted at the request of
17the defendant.
18    (g) Rights of the defendant. Any person shall be entitled
19to appeal any order entered under this Section denying bail to
20the defendant.
21    (h) The State may appeal any order entered under this
22Section denying any motion for denial of bail.
23    (i) Nothing in this Section shall be construed as
24modifying or limiting in any way the defendant's presumption
25of innocence in further criminal proceedings.
26(Source: P.A. 98-558, eff. 1-1-14.)
 

 

 

HB4808- 8 -LRB102 25013 RLC 34270 b

1    (Text of Section after amendment by P.A. 101-652)
2    Sec. 110-6.1. Denial of pretrial release.
3    (a) Upon verified petition by the State, the court shall
4hold a hearing and may deny a defendant pretrial release only
5if:
6        (1) the defendant is charged with a forcible felony
7    offense for which a sentence of imprisonment, without
8    probation, periodic imprisonment or conditional discharge,
9    is required by law upon conviction, and it is alleged that
10    the defendant's pretrial release poses a specific, real
11    and present threat to any person or the community.;
12        (2) the defendant is charged with stalking or
13    aggravated stalking and it is alleged that the defendant's
14    pre-trial release poses a real and present threat to the
15    physical safety of a victim of the alleged offense, and
16    denial of release is necessary to prevent fulfillment of
17    the threat upon which the charge is based;
18        (3) the victim of abuse was a family or household
19    member as defined by paragraph (6) of Section 103 of the
20    Illinois Domestic Violence Act of 1986, and the person
21    charged, at the time of the alleged offense, was subject
22    to the terms of an order of protection issued under
23    Section 112A-14 of this Code, or Section 214 of the
24    Illinois Domestic Violence Act of 1986 or previously was
25    convicted of a violation of an order of protection under

 

 

HB4808- 9 -LRB102 25013 RLC 34270 b

1    Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
2    Criminal Code of 2012 or a violent crime if the victim was
3    a family or household member as defined by paragraph (6)
4    of the Illinois Domestic Violence Act of 1986 at the time
5    of the offense or a violation of a substantially similar
6    municipal ordinance or law of this or any other state or
7    the United States if the victim was a family or household
8    member as defined by paragraph (6) of Section 103 of the
9    Illinois Domestic Violence Act of 1986 at the time of the
10    offense, and it is alleged that the defendant's pre-trial
11    release poses a real and present threat to the physical
12    safety of any person or persons;
13        (4) the defendant is charged with domestic battery or
14    aggravated domestic battery under Section 12-3.2 or 12-3.3
15    of the Criminal Code of 2012 and it is alleged that the
16    defendant's pretrial release poses a real and present
17    threat to the physical safety of any person or persons;
18        (5) the defendant is charged with any offense under
19    Article 11 of the Criminal Code of 2012, except for
20    Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal
21    Code of 2012, or similar provisions of the Criminal Code
22    of 1961 and it is alleged that the defendant's pretrial
23    release poses a real and present threat to the physical
24    safety of any person or persons;
25        (6) the defendant is charged with any of these
26    violations under the Criminal Code of 2012 and it is

 

 

HB4808- 10 -LRB102 25013 RLC 34270 b

1    alleged that the defendant's pretrial releases poses a
2    real and present threat to the physical safety of any
3    specifically identifiable person or persons.
4            (A) Section 24-1.2 (aggravated discharge of a
5        firearm);
6            (B) Section 24-2.5 (aggravated discharge of a
7        machine gun or a firearm equipped with a device
8        designed or use for silencing the report of a
9        firearm);
10            (C) Section 24-1.5 (reckless discharge of a
11        firearm);
12            (D) Section 24-1.7 (armed habitual criminal);
13            (E) Section 24-2.2 2 (manufacture, sale or
14        transfer of bullets or shells represented to be armor
15        piercing bullets, dragon's breath shotgun shells, bolo
16        shells or flechette shells);
17            (F) Section 24-3 (unlawful sale or delivery of
18        firearms);
19            (G) Section 24-3.3 (unlawful sale or delivery of
20        firearms on the premises of any school);
21            (H) Section 24-34 (unlawful sale of firearms by
22        liquor license);
23            (I) Section 24-3.5 {unlawful purchase of a
24        firearm);
25            (J) Section 24-3A (gunrunning); or
26            (K) Section on 24-3B (firearms trafficking );

 

 

HB4808- 11 -LRB102 25013 RLC 34270 b

1            (L) Section 10-9 (b) (involuntary servitude);
2            (M) Section 10-9 (c) (involuntary sexual servitude
3        of a minor);
4            (N) Section 10-9(d) (trafficking in persons);
5            (O) Non-probationable violations: (i) (unlawful
6        use or possession of weapons by felons or persons in
7        the Custody of the Department of Corrections
8        facilities (Section 24-1.1), (ii) aggravated unlawful
9        use of a weapon (Section 24-1.6, or (iii) aggravated
10        possession of a stolen firearm (Section 24-3.9);
11        (7) the person has a high likelihood of willful flight
12    to avoid prosecution and is charged with:
13            (A) Any felony described in Sections (a)(1)
14        through (a)(5) of this Section; or
15            (B) A felony offense other than a Class 4 offense;
16        or
17        (8) the defendant is charged as a habitual
18    misdemeanant offender.
19    (b) If the charged offense is a felony, the Court shall
20hold a hearing pursuant to 109-3 of this Code to determine
21whether there is probable cause the defendant has committed an
22offense, unless a grand jury has returned a true bill of
23indictment against the defendant. If there is a finding of no
24probable cause, the defendant shall be released. No such
25finding is necessary if the defendant is charged with a
26misdemeanor.

 

 

HB4808- 12 -LRB102 25013 RLC 34270 b

1    (c) Timing of petition.
2        (1) A petition may be filed without prior notice to
3    the defendant at the first appearance before a judge, or
4    within the 21 calendar days, except as provided in Section
5    110-6, after arrest and release of the defendant upon
6    reasonable notice to defendant; provided that while such
7    petition is pending before the court, the defendant if
8    previously released shall not be detained.
9        (2) (2) Upon filing, the court shall immediately hold
10    a hearing on the petition unless a continuance is
11    requested. If a continuance is requested, the hearing
12    shall be held within 48 hours of the defendant's first
13    appearance if the defendant is charged with a Class X,
14    Class 1, Class 2, or Class 3 felony, and within 24 hours if
15    the defendant is charged with a Class 4 or misdemeanor
16    offense. The Court may deny and or grant the request for
17    continuance. If the court decides to grant the
18    continuance, the Court retains the discretion to detain or
19    release the defendant in the time between the filing of
20    the petition and the hearing.
21    (d) Contents of petition.
22        (1) The petition shall be verified by the State and
23    shall state the grounds upon which it contends the
24    defendant should be denied pretrial release, including the
25    identity of the specific person or persons the State
26    believes the defendant poses a danger to.

 

 

HB4808- 13 -LRB102 25013 RLC 34270 b

1        (2) Only one petition may be filed under this Section.
2    (e) Eligibility: All defendants shall be presumed eligible
3for pretrial release, and the State shall bear the burden of
4proving by clear and convincing evidence that:
5        (1) the proof is evident or the presumption great that
6    the defendant has committed an offense listed in
7    paragraphs (1) through (6) of subsection (a), and
8        (2) the defendant poses a real and present threat to
9    the safety of a specific, identifiable person or persons,
10    by conduct which may include, but is not limited to, a
11    forcible felony, the obstruction of justice, intimidation,
12    injury, or abuse as defined by paragraph (1) of Section
13    103 of the Illinois Domestic Violence Act of 1986, and
14        (3) no condition or combination of conditions set
15    forth in subsection (b) of Section 110-10 of this Article
16    can mitigate the real and present threat to the safety of
17    any person or persons or the defendant's willful flight.
18    (f) Conduct of the hearings.
19        (1) Prior to the hearing the State shall tender to the
20    defendant copies of defendant's criminal history
21    available, any written or recorded statements, and the
22    substance of any oral statements made by any person, if
23    relied upon by the State in its petition, and any police
24    reports in the State's Attorney's possession at the time
25    of the hearing that are required to be disclosed to the
26    defense under Illinois Supreme Court rules.

 

 

HB4808- 14 -LRB102 25013 RLC 34270 b

1        (2) The State or defendant may present evidence at the
2    hearing by way of proffer based upon reliable information.
3        (3) The defendant has the right to be represented by
4    counsel, and if he or she is indigent, to have counsel
5    appointed for him or her. The defendant shall have the
6    opportunity to testify, to present witnesses on his or her
7    own behalf, and to cross-examine any witnesses that are
8    called by the State.
9        (4) If the defense seeks to call the complaining
10    witness as a witness in its favor, it shall petition the
11    court for permission. When the ends of justice so require,
12    the court may exercise its discretion and compel the
13    appearance of a complaining witness. The court shall state
14    on the record reasons for granting a defense request to
15    compel the presence of a complaining witness. In making a
16    determination under this section, the court shall state on
17    the record the reason for granting a defense request to
18    compel the presence of a complaining witness, and only
19    grant the request if the court finds by clear and
20    convincing evidence that the defendant will be materially
21    prejudiced if the complaining witness does not appear.
22    Cross-examination of a complaining witness at the pretrial
23    detention hearing for the purpose of impeaching the
24    witness' credibility is insufficient reason to compel the
25    presence of the witness. In deciding whether to compel the
26    appearance of a complaining witness, the court shall be

 

 

HB4808- 15 -LRB102 25013 RLC 34270 b

1    considerate of the emotional and physical well-being of
2    the witness. The pre-trial detention hearing is not to be
3    used for purposes of discovery, and the post arraignment
4    rules of discovery do not apply.
5        (5) The rules concerning the admissibility of evidence
6    in criminal trials do not apply to the presentation and
7    consideration of information at the hearing. At the trial
8    concerning the offense for which the hearing was conducted
9    neither the finding of the court nor any transcript or
10    other record of the hearing shall be admissible in the
11    State's case in chief, but shall be admissible for
12    impeachment, or as provided in Section 115-10.1 of this
13    Code, or in a perjury proceeding.
14        (6) The defendant may not move to suppress evidence or
15    a confession, however, evidence that proof of the charged
16    crime may have been the result of an unlawful search or
17    seizure, or both, or through improper interrogation, is
18    relevant in assessing the weight of the evidence against
19    the defendant.
20        (7) Decisions regarding release, conditions of release
21    and detention prior trial should be individualized, and no
22    single factor or standard should be used exclusively to
23    make a condition or detention decision.
24    (g) Factors to be considered in making a determination of
25dangerousness. The court may, in determining whether the
26defendant poses a specific, imminent threat of serious

 

 

HB4808- 16 -LRB102 25013 RLC 34270 b

1physical harm to an identifiable person or persons, consider
2but shall not be limited to evidence or testimony concerning:
3        (1) The nature and circumstances of any offense
4    charged, including whether the offense is a crime of
5    violence, involving a weapon, or a sex offense.
6        (2) The history and characteristics of the defendant
7    including:
8            (A) Any evidence of the defendant's prior criminal
9        history indicative of violent, abusive or assaultive
10        behavior, or lack of such behavior. Such evidence may
11        include testimony or documents received in juvenile
12        proceedings, criminal, quasi-criminal, civil
13        commitment, domestic relations or other proceedings.
14            (B) Any evidence of the defendant's psychological,
15        psychiatric or other similar social history which
16        tends to indicate a violent, abusive, or assaultive
17        nature, or lack of any such history.
18        (3) The identity of any person or persons to whose
19    safety the defendant is believed to pose a threat, and the
20    nature of the threat;
21        (4) Any statements made by, or attributed to the
22    defendant, together with the circumstances surrounding
23    them;
24        (5) The age and physical condition of the defendant;
25        (6) The age and physical condition of any victim or
26    complaining witness;

 

 

HB4808- 17 -LRB102 25013 RLC 34270 b

1        (7) Whether the defendant is known to possess or have
2    access to any weapon or weapons;
3        (8) Whether, at the time of the current offense or any
4    other offense or arrest, the defendant was on probation,
5    parole, aftercare release, mandatory supervised release or
6    other release from custody pending trial, sentencing,
7    appeal or completion of sentence for an offense under
8    federal or state law;
9        (9) Any other factors, including those listed in
10    Section 110-5 of this Article deemed by the court to have a
11    reasonable bearing upon the defendant's propensity or
12    reputation for violent, abusive or assaultive behavior, or
13    lack of such behavior.
14    (h) Detention order. The court shall, in any order for
15detention:
16        (1) briefly summarize the evidence of the defendant's
17    guilt or innocence, and the court's reasons for concluding
18    that the defendant should be denied pretrial release;
19        (2) direct that the defendant be committed to the
20    custody of the sheriff for confinement in the county jail
21    pending trial;
22        (3) direct that the defendant be given a reasonable
23    opportunity for private consultation with counsel, and for
24    communication with others of his or her choice by
25    visitation, mail and telephone; and
26        (4) direct that the sheriff deliver the defendant as

 

 

HB4808- 18 -LRB102 25013 RLC 34270 b

1    required for appearances in connection with court
2    proceedings.
3    (i) Detention. If the court enters an order for the
4detention of the defendant pursuant to subsection (e) of this
5Section, the defendant shall be brought to trial on the
6offense for which he is detained within 90 days after the date
7on which the order for detention was entered. If the defendant
8is not brought to trial within the 90 day period required by
9the preceding sentence, he shall not be denied pretrial
10release. In computing the 90 day period, the court shall omit
11any period of delay resulting from a continuance granted at
12the request of the defendant.
13    (j) Rights of the defendant. Any person shall be entitled
14to appeal any order entered under this Section denying
15pretrial release to the defendant.
16    (k) Appeal. The State may appeal any order entered under
17this Section denying any motion for denial of pretrial
18release.
19    (l) Presumption of innocence. Nothing in this Section
20shall be construed as modifying or limiting in any way the
21defendant's presumption of innocence in further criminal
22proceedings.
23    (m) Victim notice.
24        (1) Crime victims shall be given notice by the State's
25    Attorney's office of this hearing as required in paragraph
26    (1) of subsection (b) of Section 4.5 of the Rights of Crime

 

 

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1    Victims and Witnesses Act and shall be informed of their
2    opportunity at this hearing to obtain an order of
3    protection under Article 112A of this Code.
4(Source: P.A. 101-652, eff. 1-1-23.)
 
5    (725 ILCS 5/111-2.5 new)
6    Sec. 111-2.5. Habitual misdemeanant offender; charges.
7    (a) If a person has 3 or more pending charges for
8misdemeanor domestic battery, battery, violation of an order
9of protection, or criminal damage to property when the
10property belongs to a family or household member as defined in
11Section 103 of the Illinois Domestic Violence Act of 1986, the
12defendant may be charged as a habitual misdemeanant offender.
13    (b) The 3 or more charges alleged do not have to be for the
14same offense. Any offense that results from or is connected
15with the same transaction, or results from an offense
16committed at the same time, shall be counted for the purposes
17of this Section as one offense.
18    (c) This Section does not apply unless each of the
19following requirements are satisfied:
20        (1) The third offense occurred after the second
21    offense.
22        (2) The second offense occurred after the first
23    offense.
24        (3) All of the charged offenses must be proved at
25    trial in order for the person to be adjudged a habitual

 

 

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1    misdemeanant offender.
2    (d) Once a person has been adjudged a habitual
3misdemeanant offender any of the following charges for
4domestic battery, battery, violation of an order of
5protection, or criminal damage to property in which the
6property belongs to a family or household member as defined in
7Section 103 of the Illinois Domestic Violence Act of 1986
8shall be charged as a Class 4 felony.
9    (e) All of the charged offenses must be proved at trial in
10order for the person to be adjudged a habitual misdemeanant
11offender.
12    (f) Sentence. A habitual misdemeanant offender shall be
13sentenced as a Class 4 felony offender for which the person
14shall be sentenced to a term of imprisonment of not less than
15one year and not more than 3 years.
 
16    (725 ILCS 5/114-7)  (from Ch. 38, par. 114-7)
17    Sec. 114-7. Joinder of related prosecutions.
18    The court may order 2 or more charges to be tried together
19if the offenses and the defendants could have been joined in a
20single charge. If a person is charged as a habitual
21misdemeanant offender, all charges needed to adjudicate the
22defendant as a habitual misdemeanant offender shall be tried
23together. The procedure shall be the same as if the
24prosecution were under a single charge.
25(Source: Laws 1963, p. 2836.)
 

 

 

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1    Section 10. The Unified Code of Corrections is amended by
2changing Section 5-4.5-95 as follows:
 
3    (730 ILCS 5/5-4.5-95)
4    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
5    (a) HABITUAL CRIMINALS.
6        (1) Every person who has been twice convicted in any
7    state or federal court of an offense that contains the
8    same elements as an offense now (the date of the offense
9    committed after the 2 prior convictions) classified in
10    Illinois as a Class X felony, criminal sexual assault,
11    aggravated kidnapping, or first degree murder, and who is
12    thereafter convicted of a Class X felony, criminal sexual
13    assault, or first degree murder, committed after the 2
14    prior convictions, shall be adjudged an habitual criminal.
15        (2) The 2 prior convictions need not have been for the
16    same offense.
17        (3) Any convictions that result from or are connected
18    with the same transaction, or result from offenses
19    committed at the same time, shall be counted for the
20    purposes of this Section as one conviction.
21        (4) This Section does not apply unless each of the
22    following requirements are satisfied:
23            (A) The third offense was committed after July 3,
24        1980.

 

 

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

 

 

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

 

 

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1    reason that he or she was innocent, that conviction and
2    sentence shall not be considered under this Section.
3            
4    (b) When a defendant, over the age of 21 years, is
5convicted of a Class 1 or Class 2 forcible felony after having
6twice been convicted in any state or federal court of an
7offense that contains the same elements as an offense now (the
8date the Class 1 or Class 2 forcible felony was committed)
9classified in Illinois as a Class 2 or greater Class forcible
10felony and those charges are separately brought and tried and
11arise out of different series of acts, that defendant shall be
12sentenced as a Class X offender. This subsection does not
13apply unless:
14        (1) the first forcible felony was committed after
15    February 1, 1978 (the effective date of Public Act
16    80-1099);
17        (2) the second forcible felony was committed after
18    conviction on the first;
19        (3) the third forcible felony was committed after
20    conviction on the second; and
21        (4) the first offense was committed when the person
22    was 21 years of age or older.
23    (c) (Blank).
24    A person sentenced as a Class X offender under this
25subsection (b) is not eligible to apply for treatment as a
26condition of probation as provided by Section 40-10 of the

 

 

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1Substance Use Disorder Act (20 ILCS 301/40-10).
2    (d) A habitual misdemeanant offender as described in
3Section 111-2.5 of the Code of Criminal Procedure of 1963
4shall be sentenced as a Class 4 felony offender for which the
5person shall be sentenced to a term of imprisonment of not less
6than one year and not more than 3 years.
7    
8(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
9101-652, eff. 7-1-21.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.