Illinois General Assembly - Full Text of HB1388
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB1388  103rd General Assembly

HB1388 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1388

 

Introduced 1/31/2023, 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.


LRB103 05218 RJT 50234 b

 

 

A BILL FOR

 

HB1388LRB103 05218 RJT 50234 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    Sec. 110-6.1. Denial of pretrial release.
9    (a) Upon verified petition by the State, the court shall
10hold a hearing and may deny a defendant pretrial release only
11if:
12        (1) the defendant is charged with a felony offense
13    other than a forcible felony for which, based on the
14    charge or the defendant's criminal history, a sentence of
15    imprisonment, without probation, periodic imprisonment or
16    conditional discharge, is required by law upon conviction,
17    and it is alleged that the defendant's pretrial release
18    poses a real and present threat to the safety of any person
19    or persons or the community, based on the specific
20    articulable facts of the case;
21        (1.5) the defendant's pretrial release poses a real
22    and present threat to the safety of any person or persons
23    or the community, based on the specific articulable facts

 

 

HB1388- 2 -LRB103 05218 RJT 50234 b

1    of the case, and the defendant is charged with a forcible
2    felony, which as used in this Section, means treason,
3    first degree murder, second degree murder, predatory
4    criminal sexual assault of a child, aggravated criminal
5    sexual assault, criminal sexual assault, armed robbery,
6    aggravated robbery, robbery, burglary where there is use
7    of force against another person, residential burglary,
8    home invasion, vehicular invasion, aggravated arson,
9    arson, aggravated kidnaping, kidnaping, aggravated battery
10    resulting in great bodily harm or permanent disability or
11    disfigurement or any other felony which involves the
12    threat of or infliction of great bodily harm or permanent
13    disability or disfigurement;
14        (2) the defendant is charged with stalking or
15    aggravated stalking, and it is alleged that the
16    defendant's pre-trial release poses a real and present
17    threat to the safety of a victim of the alleged offense,
18    and denial of release is necessary to prevent fulfillment
19    of the threat upon which the charge is based;
20        (3) the defendant is charged with a violation of an
21    order of protection issued under Section 112A-14 of this
22    Code or Section 214 of the Illinois Domestic Violence Act
23    of 1986, a stalking no contact order under Section 80 of
24    the Stalking No Contact Order Act, or of a civil no contact
25    order under Section 213 of the Civil No Contact Order Act,
26    and it is alleged that the defendant's pretrial release

 

 

HB1388- 3 -LRB103 05218 RJT 50234 b

1    poses a real and present threat to the safety of any person
2    or persons or the community, based on the specific
3    articulable facts of the case;
4        (4) the defendant is charged with domestic battery or
5    aggravated domestic battery under Section 12-3.2 or 12-3.3
6    of the Criminal Code of 2012 and it is alleged that the
7    defendant's pretrial release poses a real and present
8    threat to the safety of any person or persons or the
9    community, based on the specific articulable facts of the
10    case;
11        (5) the defendant is charged with any offense under
12    Article 11 of the Criminal Code of 2012, except for
13    Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
14    11-40, and 11-45 of the Criminal Code of 2012, or similar
15    provisions of the Criminal Code of 1961 and it is alleged
16    that the defendant's pretrial release poses a real and
17    present threat to the safety of any person or persons or
18    the community, based on the specific articulable facts of
19    the case;
20        (6) the defendant is charged with any of the following
21    offenses under the Criminal Code of 2012, and it is
22    alleged that the defendant's pretrial release poses a real
23    and present threat to the safety of any person or persons
24    or the community, based on the specific articulable facts
25    of the case:
26            (A) Section 24-1.2 (aggravated discharge of a

 

 

HB1388- 4 -LRB103 05218 RJT 50234 b

1        firearm);
2            (B) Section 24-2.5 (aggravated discharge of a
3        machine gun or a firearm equipped with a device
4        designed or use for silencing the report of a
5        firearm);
6            (C) Section 24-1.5 (reckless discharge of a
7        firearm);
8            (D) Section 24-1.7 (armed habitual criminal);
9            (E) Section 24-2.2 (manufacture, sale or transfer
10        of bullets or shells represented to be armor piercing
11        bullets, dragon's breath shotgun shells, bolo shells,
12        or flechette shells);
13            (F) Section 24-3 (unlawful sale or delivery of
14        firearms);
15            (G) Section 24-3.3 (unlawful sale or delivery of
16        firearms on the premises of any school);
17            (H) Section 24-34 (unlawful sale of firearms by
18        liquor license);
19            (I) Section 24-3.5 (unlawful purchase of a
20        firearm);
21            (J) Section 24-3A (gunrunning);
22            (K) Section 24-3B (firearms trafficking);
23            (L) Section 10-9 (b) (involuntary servitude);
24            (M) Section 10-9 (c) (involuntary sexual servitude
25        of a minor);
26            (N) Section 10-9(d) (trafficking in persons);

 

 

HB1388- 5 -LRB103 05218 RJT 50234 b

1            (O) Non-probationable violations: (i) unlawful use
2        or possession of weapons by felons or persons in the
3        Custody of the Department of Corrections facilities
4        (Section 24-1.1), (ii) aggravated unlawful use of a
5        weapon (Section 24-1.6), or (iii) aggravated
6        possession of a stolen firearm (Section 24-3.9);
7            (P) Section 9-3 (reckless homicide and involuntary
8        manslaughter);
9            (Q) Section 19-3 (residential burglary);
10            (R) Section 10-5 (child abduction);
11            (S) Felony violations of Section 12C-5 (child
12        endangerment);
13            (T) Section 12-7.1 (hate crime);
14            (U) Section 10-3.1 (aggravated unlawful
15        restraint);
16            (V) Section 12-9 (threatening a public official);
17            (W) Subdivision (f)(1) of Section 12-3.05
18        (aggravated battery with a deadly weapon other than by
19        discharge of a firearm);
20        (6.5) the defendant is charged with any of the
21    following offenses, and it is alleged that the defendant's
22    pretrial release poses a real and present threat to the
23    safety of any person or persons or the community, based on
24    the specific articulable facts of the case:
25            (A) Felony violations of Sections 3.01, 3.02, or
26        3.03 of the Humane Care for Animals Act (cruel

 

 

HB1388- 6 -LRB103 05218 RJT 50234 b

1        treatment, aggravated cruelty, and animal torture);
2            (B) Subdivision (d)(1)(B) of Section 11-501 of the
3        Illinois Vehicle Code (aggravated driving under the
4        influence while operating a school bus with
5        passengers);
6            (C) Subdivision (d)(1)(C) of Section 11-501 of the
7        Illinois Vehicle Code (aggravated driving under the
8        influence causing great bodily harm);
9            (D) Subdivision (d)(1)(D) of Section 11-501 of the
10        Illinois Vehicle Code (aggravated driving under the
11        influence after a previous reckless homicide
12        conviction);
13            (E) Subdivision (d)(1)(F) of Section 11-501 of the
14        Illinois Vehicle Code (aggravated driving under the
15        influence leading to death); or
16            (F) Subdivision (d)(1)(J) of Section 11-501 of the
17        Illinois Vehicle Code (aggravated driving under the
18        influence that resulted in bodily harm to a child
19        under the age of 16);
20        (7) the defendant is charged with an attempt to commit
21    any charge listed in paragraphs (1) through (6.5), and it
22    is alleged that the defendant's pretrial release poses a
23    real and present threat to the safety of any person or
24    persons or the community, based on the specific
25    articulable facts of the case; or
26        (8) the person has a high likelihood of willful flight

 

 

HB1388- 7 -LRB103 05218 RJT 50234 b

1    to avoid prosecution and is charged with:
2            (A) Any felony described in subdivisions (a)(1)
3        through (a)(7) of this Section; or
4            (B) A felony offense other than a Class 4 offense;
5        or .
6        (9) the defendant is charged as a habitual
7    misdemeanant offender.
8    (b) If the charged offense is a felony, as part of the
9detention hearing, the court shall determine whether there is
10probable cause the defendant has committed an offense, unless
11a hearing pursuant to Section 109-3 of this Code has already
12been held or a grand jury has returned a true bill of
13indictment against the defendant. If there is a finding of no
14probable cause, the defendant shall be released. No such
15finding is necessary if the defendant is charged with a
16misdemeanor.
17    (c) Timing of petition.
18        (1) A petition may be filed without prior notice to
19    the defendant at the first appearance before a judge, or
20    within the 21 calendar days, except as provided in Section
21    110-6, after arrest and release of the defendant upon
22    reasonable notice to defendant; provided that while such
23    petition is pending before the court, the defendant if
24    previously released shall not be detained.
25        (2) Upon filing, the court shall immediately hold a
26    hearing on the petition unless a continuance is requested.

 

 

HB1388- 8 -LRB103 05218 RJT 50234 b

1    If a continuance is requested and granted, the hearing
2    shall be held within 48 hours of the defendant's first
3    appearance if the defendant is charged with first degree
4    murder or a Class X, Class 1, Class 2, or Class 3 felony,
5    and within 24 hours if the defendant is charged with a
6    Class 4 or misdemeanor offense. The Court may deny or
7    grant the request for continuance. If the court decides to
8    grant the continuance, the Court retains the discretion to
9    detain or release the defendant in the time between the
10    filing of the petition and the hearing.
11    (d) Contents of petition.
12        (1) The petition shall be verified by the State and
13    shall state the grounds upon which it contends the
14    defendant should be denied pretrial release, including the
15    real and present threat to the safety of any person or
16    persons or the community, based on the specific
17    articulable facts or flight risk, as appropriate.
18        (2) If the State seeks to file a second or subsequent
19    petition under this Section, the State shall be required
20    to present a verified application setting forth in detail
21    any new facts not known or obtainable at the time of the
22    filing of the previous petition.
23    (e) Eligibility: All defendants shall be presumed eligible
24for pretrial release, and the State shall bear the burden of
25proving by clear and convincing evidence that:
26        (1) the proof is evident or the presumption great that

 

 

HB1388- 9 -LRB103 05218 RJT 50234 b

1    the defendant has committed an offense listed in
2    subsection (a), and
3        (2) for offenses listed in paragraphs (1) through (7)
4    of subsection (a), the defendant poses a real and present
5    threat to the safety of any person or persons or the
6    community, based on the specific articulable facts of the
7    case, by conduct which may include, but is not limited to,
8    a forcible felony, the obstruction of justice,
9    intimidation, injury, or abuse as defined by paragraph (1)
10    of Section 103 of the Illinois Domestic Violence Act of
11    1986, and
12        (3) no condition or combination of conditions set
13    forth in subsection (b) of Section 110-10 of this Article
14    can mitigate (i) the real and present threat to the safety
15    of any person or persons or the community, based on the
16    specific articulable facts of the case, for offenses
17    listed in paragraphs (1) through (7) of subsection (a), or
18    (ii) the defendant's willful flight for offenses listed in
19    paragraph (8) of subsection (a), and
20        (4) for offenses under subsection (b) of Section 407
21    of the Illinois Controlled Substances Act that are subject
22    to paragraph (1) of subsection (a), no condition or
23    combination of conditions set forth in subsection (b) of
24    Section 110-10 of this Article can mitigate the real and
25    present threat to the safety of any person or persons or
26    the community, based on the specific articulable facts of

 

 

HB1388- 10 -LRB103 05218 RJT 50234 b

1    the case, and the defendant poses a serious risk to not
2    appear in court as required.
3    (f) Conduct of the hearings.
4        (1) Prior to the hearing, the State shall tender to
5    the defendant copies of the defendant's criminal history
6    available, any written or recorded statements, and the
7    substance of any oral statements made by any person, if
8    relied upon by the State in its petition, and any police
9    reports in the prosecutor's possession at the time of the
10    hearing.
11        (2) The State or defendant may present evidence at the
12    hearing by way of proffer based upon reliable information.
13        (3) The defendant has the right to be represented by
14    counsel, and if he or she is indigent, to have counsel
15    appointed for him or her. The defendant shall have the
16    opportunity to testify, to present witnesses on his or her
17    own behalf, and to cross-examine any witnesses that are
18    called by the State. Defense counsel shall be given
19    adequate opportunity to confer with the defendant before
20    any hearing at which conditions of release or the
21    detention of the defendant are to be considered, with an
22    accommodation for a physical condition made to facilitate
23    attorney/client consultation. If defense counsel needs to
24    confer or consult with the defendant during any hearing
25    conducted via a two-way audio-visual communication system,
26    such consultation shall not be recorded and shall be

 

 

HB1388- 11 -LRB103 05218 RJT 50234 b

1    undertaken consistent with constitutional protections.
2        (3.5) A hearing at which pretrial release may be
3    denied must be conducted in person (and not by way of
4    two-way audio visual communication) unless the accused
5    waives the right to be present physically in court, the
6    court determines that the physical health and safety of
7    any person necessary to the proceedings would be
8    endangered by appearing in court, or the chief judge of
9    the circuit orders use of that system due to operational
10    challenges in conducting the hearing in person. Such
11    operational challenges must be documented and approved by
12    the chief judge of the circuit, and a plan to address the
13    challenges through reasonable efforts must be presented
14    and approved by the Administrative Office of the Illinois
15    Courts every 6 months.
16        (4) If the defense seeks to compel the complaining
17    witness to testify as a witness in its favor, it shall
18    petition the court for permission. When the ends of
19    justice so require, the court may exercise its discretion
20    and compel the appearance of a complaining witness. The
21    court shall state on the record reasons for granting a
22    defense request to compel the presence of a complaining
23    witness only on the issue of the defendant's pretrial
24    detention. In making a determination under this Section,
25    the court shall state on the record the reason for
26    granting a defense request to compel the presence of a

 

 

HB1388- 12 -LRB103 05218 RJT 50234 b

1    complaining witness, and only grant the request if the
2    court finds by clear and convincing evidence that the
3    defendant will be materially prejudiced if the complaining
4    witness does not appear. Cross-examination of a
5    complaining witness at the pretrial detention hearing for
6    the purpose of impeaching the witness' credibility is
7    insufficient reason to compel the presence of the witness.
8    In deciding whether to compel the appearance of a
9    complaining witness, the court shall be considerate of the
10    emotional and physical well-being of the witness. The
11    pre-trial detention hearing is not to be used for purposes
12    of discovery, and the post arraignment rules of discovery
13    do not apply. The State shall tender to the defendant,
14    prior to the hearing, copies, if any, of the defendant's
15    criminal history, if available, and any written or
16    recorded statements and the substance of any oral
17    statements made by any person, if in the State's
18    Attorney's possession at the time of the hearing.
19        (5) The rules concerning the admissibility of evidence
20    in criminal trials do not apply to the presentation and
21    consideration of information at the hearing. At the trial
22    concerning the offense for which the hearing was conducted
23    neither the finding of the court nor any transcript or
24    other record of the hearing shall be admissible in the
25    State's case-in-chief, but shall be admissible for
26    impeachment, or as provided in Section 115-10.1 of this

 

 

HB1388- 13 -LRB103 05218 RJT 50234 b

1    Code, or in a perjury proceeding.
2        (6) The defendant may not move to suppress evidence or
3    a confession, however, evidence that proof of the charged
4    crime may have been the result of an unlawful search or
5    seizure, or both, or through improper interrogation, is
6    relevant in assessing the weight of the evidence against
7    the defendant.
8        (7) Decisions regarding release, conditions of
9    release, and detention prior to trial must be
10    individualized, and no single factor or standard may be
11    used exclusively to order detention. Risk assessment tools
12    may not be used as the sole basis to deny pretrial release.
13    (g) Factors to be considered in making a determination of
14dangerousness. The court may, in determining whether the
15defendant poses a real and present threat to the safety of any
16person or persons or the community, based on the specific
17articulable facts of the case, consider, but shall not be
18limited to, evidence or testimony concerning:
19        (1) The nature and circumstances of any offense
20    charged, including whether the offense is a crime of
21    violence, involving a weapon, or a sex offense.
22        (2) The history and characteristics of the defendant
23    including:
24            (A) Any evidence of the defendant's prior criminal
25        history indicative of violent, abusive or assaultive
26        behavior, or lack of such behavior. Such evidence may

 

 

HB1388- 14 -LRB103 05218 RJT 50234 b

1        include testimony or documents received in juvenile
2        proceedings, criminal, quasi-criminal, civil
3        commitment, domestic relations, or other proceedings.
4            (B) Any evidence of the defendant's psychological,
5        psychiatric or other similar social history which
6        tends to indicate a violent, abusive, or assaultive
7        nature, or lack of any such history.
8        (3) The identity of any person or persons to whose
9    safety the defendant is believed to pose a threat, and the
10    nature of the threat.
11        (4) Any statements made by, or attributed to the
12    defendant, together with the circumstances surrounding
13    them.
14        (5) The age and physical condition of the defendant.
15        (6) The age and physical condition of any victim or
16    complaining witness.
17        (7) Whether the defendant is known to possess or have
18    access to any weapon or weapons.
19        (8) Whether, at the time of the current offense or any
20    other offense or arrest, the defendant was on probation,
21    parole, aftercare release, mandatory supervised release or
22    other release from custody pending trial, sentencing,
23    appeal or completion of sentence for an offense under
24    federal or state law.
25        (9) Any other factors, including those listed in
26    Section 110-5 of this Article deemed by the court to have a

 

 

HB1388- 15 -LRB103 05218 RJT 50234 b

1    reasonable bearing upon the defendant's propensity or
2    reputation for violent, abusive, or assaultive behavior,
3    or lack of such behavior.
4    (h) Detention order. The court shall, in any order for
5detention:
6        (1) make a written finding summarizing the court's
7    reasons for concluding that the defendant should be denied
8    pretrial release, including why less restrictive
9    conditions would not avoid a real and present threat to
10    the safety of any person or persons or the community,
11    based on the specific articulable facts of the case, or
12    prevent the defendant's willful flight from prosecution;
13        (2) direct that the defendant be committed to the
14    custody of the sheriff for confinement in the county jail
15    pending trial;
16        (3) direct that the defendant be given a reasonable
17    opportunity for private consultation with counsel, and for
18    communication with others of his or her choice by
19    visitation, mail and telephone; and
20        (4) direct that the sheriff deliver the defendant as
21    required for appearances in connection with court
22    proceedings.
23    (i) Detention. If the court enters an order for the
24detention of the defendant pursuant to subsection (e) of this
25Section, the defendant shall be brought to trial on the
26offense for which he is detained within 90 days after the date

 

 

HB1388- 16 -LRB103 05218 RJT 50234 b

1on which the order for detention was entered. If the defendant
2is not brought to trial within the 90-day period required by
3the preceding sentence, he shall not be denied pretrial
4release. In computing the 90-day period, the court shall omit
5any period of delay resulting from a continuance granted at
6the request of the defendant and any period of delay resulting
7from a continuance granted at the request of the State with
8good cause shown pursuant to Section 103-5.
9    (i-5) At each subsequent appearance of the defendant
10before the court, the judge must find that continued detention
11is necessary to avoid a real and present threat to the safety
12of any person or persons or the community, based on the
13specific articulable facts of the case, or to prevent the
14defendant's willful flight from prosecution.
15    (j) Rights of the defendant. The defendant shall be
16entitled to appeal any order entered under this Section
17denying his or her pretrial release.
18    (k) Appeal. The State may appeal any order entered under
19this Section denying any motion for denial of pretrial
20release.
21    (l) Presumption of innocence. Nothing in this Section
22shall be construed as modifying or limiting in any way the
23defendant's presumption of innocence in further criminal
24proceedings.
25    (m) Interest of victims.
26    (1) Crime victims shall be given notice by the State's

 

 

HB1388- 17 -LRB103 05218 RJT 50234 b

1Attorney's office of this hearing as required in paragraph (1)
2of subsection (b) of Section 4.5 of the Rights of Crime Victims
3and Witnesses Act and shall be informed of their opportunity
4at this hearing to obtain a protective order.
5    (2) If the defendant is denied pretrial release, the court
6may impose a no contact provision with the victim or other
7interested party that shall be enforced while the defendant
8remains in custody.
9(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
10    (725 ILCS 5/111-2.5 new)
11    Sec. 111-2.5. Habitual misdemeanant offender; charges.
12    (a) If a person has 3 or more pending charges for
13misdemeanor domestic battery, battery, violation of an order
14of protection, or criminal damage to property when the
15property belongs to a family or household member as defined in
16Section 103 of the Illinois Domestic Violence Act of 1986, the
17defendant may be charged as a habitual misdemeanant offender.
18    (b) The 3 or more charges alleged do not have to be for the
19same offense. Any offense that results from or is connected
20with the same transaction, or results from an offense
21committed at the same time, shall be counted for the purposes
22of this Section as one offense.
23    (c) This Section does not apply unless each of the
24following requirements are satisfied:
25        (1) The third offense occurred after the second

 

 

HB1388- 18 -LRB103 05218 RJT 50234 b

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

 

 

HB1388- 19 -LRB103 05218 RJT 50234 b

1misdemeanant offender, all charges needed to adjudicate the
2defendant as a habitual misdemeanant offender shall be tried
3together. The procedure shall be the same as if the
4prosecution were under a single charge.
5(Source: Laws 1963, p. 2836.)
 
6    Section 10. The Unified Code of Corrections is amended by
7changing Section 5-4.5-95 as follows:
 
8    (730 ILCS 5/5-4.5-95)
9    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
10    (a) HABITUAL CRIMINALS.
11        (1) Every person who has been twice convicted in any
12    state or federal court of an offense that contains the
13    same elements as an offense now (the date of the offense
14    committed after the 2 prior convictions) classified in
15    Illinois as a Class X felony, criminal sexual assault,
16    aggravated kidnapping, or first degree murder, and who is
17    thereafter convicted of a Class X felony, criminal sexual
18    assault, or first degree murder, committed after the 2
19    prior convictions, shall be adjudged an habitual criminal.
20        (2) The 2 prior convictions need not have been for the
21    same offense.
22        (3) Any convictions that result from or are connected
23    with the same transaction, or result from offenses
24    committed at the same time, shall be counted for the

 

 

HB1388- 20 -LRB103 05218 RJT 50234 b

1    purposes of this Section as one conviction.
2        (4) This Section does not apply unless each of the
3    following requirements are satisfied:
4            (A) The third offense was committed after July 3,
5        1980.
6            (B) The third offense was committed within 20
7        years of the date that judgment was entered on the
8        first conviction; provided, however, that time spent
9        in custody shall not be counted.
10            (C) The third offense was committed after
11        conviction on the second offense.
12            (D) The second offense was committed after
13        conviction on the first offense.
14            (E) The first offense was committed when the
15        person was 21 years of age or older.
16        (5) Anyone who is adjudged an habitual criminal shall
17    be sentenced to a term of natural life imprisonment.
18        (6) A prior conviction shall not be alleged in the
19    indictment, and no evidence or other disclosure of that
20    conviction shall be presented to the court or the jury
21    during the trial of an offense set forth in this Section
22    unless otherwise permitted by the issues properly raised
23    in that trial. After a plea or verdict or finding of guilty
24    and before sentence is imposed, the prosecutor may file
25    with the court a verified written statement signed by the
26    State's Attorney concerning any former conviction of an

 

 

HB1388- 21 -LRB103 05218 RJT 50234 b

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

 

 

HB1388- 22 -LRB103 05218 RJT 50234 b

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

 

 

HB1388- 23 -LRB103 05218 RJT 50234 b

1    (c) (Blank).
2    A person sentenced as a Class X offender under this
3subsection (b) is not eligible to apply for treatment as a
4condition of probation as provided by Section 40-10 of the
5Substance Use Disorder Act (20 ILCS 301/40-10).
6    (d) A habitual misdemeanant offender as described in
7Section 111-2.5 of the Code of Criminal Procedure of 1963
8shall be sentenced as a Class 4 felony offender for which the
9person shall be sentenced to a term of imprisonment of not less
10than one year and not more than 3 years.
11    
12(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
13101-652, eff. 7-1-21.)