Bill Text: IL SB3347 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that every person who has been twice convicted in any state or federal court of a felony offense that contains the same element of the intentional or knowing infliction of great bodily harm, permanent disability, or permanent disfigurement as the felony offense for which the person is now to be sentenced and the current offense was committed after the 2 prior convictions, shall be adjudged an habitual violent offender. Provides that, except when the death penalty is imposed, anyone adjudged an habitual violent offender shall be sentenced to a term of natural life imprisonment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3347 Detail]

Download: Illinois-2011-SB3347-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3347 Introduced 2/7/2012, by Sen. John J. Millner SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-4.5-95
Provides that every person who has been twice convicted in any state or federal court of a felony offense that contains the same element of the intentional or knowing infliction of great bodily harm, permanent disability, or permanent disfigurement as the felony offense for which the person is now to be sentenced and the current offense was committed after the 2 prior convictions, shall be adjudged an habitual violent offender. Provides that, except when the death penalty is imposed, anyone adjudged an habitual violent offender shall be sentenced to a term of natural life imprisonment.
LRB097 19726 RLC 64985 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
SB3347 LRB097 19726 RLC 64985 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 5-4.5-95 as follows:
(730 ILCS 5/5-4.5-95)
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
(a) HABITUAL CRIMINALS.
(1) Every person who has been twice convicted in any
state or federal court of an offense that contains the same
elements as an offense now (the date of the offense
committed after the 2 prior convictions) classified in
Illinois as a Class X felony, criminal sexual assault,
aggravated kidnapping, or first degree murder, and who is
thereafter convicted of a Class X felony, criminal sexual
assault, or first degree murder, committed after the 2
prior convictions, shall be adjudged an habitual criminal.
(2) The 2 prior convictions need not have been for the
same offense.
(3) Any convictions that result from or are connected
with the same transaction, or result from offenses
committed at the same time, shall be counted for the
purposes of this Section as one conviction.

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(4) This Section does not apply unless each of the
following requirements are satisfied:
(A) The third offense was committed after July 3,
1980.
(B) The third offense was committed within 20 years
of the date that judgment was entered on the first
conviction; provided, however, that time spent in
custody shall not be counted.
(C) The third offense was committed after
conviction on the second offense.
(D) The second offense was committed after
conviction on the first offense.
(5) Except when the death penalty is imposed, anyone
adjudged an habitual criminal shall be sentenced to a term
of natural life imprisonment.
(6) A prior conviction shall not be alleged in the
indictment, and no evidence or other disclosure of that
conviction shall be presented to the court or the jury
during the trial of an offense set forth in this Section
unless otherwise permitted by the issues properly raised in
that trial. After a plea or verdict or finding of guilty
and before sentence is imposed, the prosecutor may file
with the court a verified written statement signed by the
State's Attorney concerning any former conviction of an
offense set forth in this Section rendered against the
defendant. The court shall then cause the defendant to be

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brought before it; shall inform the defendant of the
allegations of the statement so filed, and of his or her
right to a hearing before the court on the issue of that
former conviction and of his or her right to counsel at
that hearing; and unless the defendant admits such
conviction, shall hear and determine the issue, and shall
make a written finding thereon. If a sentence has
previously been imposed, the court may vacate that sentence
and impose a new sentence in accordance with this Section.
(7) A duly authenticated copy of the record of any
alleged former conviction of an offense set forth in this
Section shall be prima facie evidence of that former
conviction; and a duly authenticated copy of the record of
the defendant's final release or discharge from probation
granted, or from sentence and parole supervision (if any)
imposed pursuant to that former conviction, shall be prima
facie evidence of that release or discharge.
(8) Any claim that a previous conviction offered by the
prosecution is not a former conviction of an offense set
forth in this Section because of the existence of any
exceptions described in this Section, is waived unless duly
raised at the hearing on that conviction, or unless the
prosecution's proof shows the existence of the exceptions
described in this Section.
(9) If the person so convicted shows to the
satisfaction of the court before whom that conviction was

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had that he or she was released from imprisonment, upon
either of the sentences upon a pardon granted for the
reason that he or she was innocent, that conviction and
sentence shall not be considered under this Section.
(a-5) HABITUAL VIOLENT OFFENDER.
(1) Every person who has been twice convicted in any
state or federal court of a felony offense that contains
the same element of the intentional or knowing infliction
of great bodily harm, permanent disability, or permanent
disfigurement as the felony offense for which the person is
now (the date of the sentence for the offense committed
after the 2 prior convictions) to be sentenced and the
current offense was committed after the 2 prior
convictions, shall be adjudged an habitual violent
offender.
(2) The 2 prior convictions need not have been for the
same offense.
(3) Any convictions that result from or are connected
with the same transaction, or result from offenses
committed at the same time, shall be counted for the
purposes of this subsection as one conviction.
(4) This subsection does not apply unless each of the
following requirements are satisfied:
(A) The person was sentenced to a term of
imprisonment on the first and second offenses.
(B) The third offense was committed after December

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31, 2012.
(C) The third offense was committed within 20 years
of the date that judgment was entered on the first
conviction; provided, however, that time spent in
custody shall not be counted.
(D) The third offense was committed after
conviction on the second offense.
(E) The second offense was committed after
conviction on the first offense.
(5) Except when the death penalty is imposed, anyone
adjudged a habitual violent offender shall be sentenced to
a term of natural life imprisonment.
(6) A prior conviction shall not be alleged in the
indictment, and no evidence or other disclosure of that
conviction shall be presented to the court or the jury
during the trial of an offense set forth in this subsection
unless otherwise permitted by the issues properly raised in
that trial. After a plea or verdict or finding of guilty
and before sentence is imposed, the prosecutor may file
with the court a verified written statement signed by the
State's Attorney concerning any former conviction of an
offense set forth in this subsection rendered against the
defendant. The court shall then cause the defendant to be
brought before it; shall inform the defendant of the
allegations of the statement so filed, and of his or her
right to a hearing before the court on the issue of that

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

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reason that he or she was innocent, that conviction and
sentence shall not be considered under this subsection.
(b) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having twice
been convicted in any state or federal court of an offense that
contains the same elements as an offense now (the date the
Class 1 or Class 2 felony was committed) classified in Illinois
as a Class 2 or greater Class felony and those charges are
separately brought and tried and arise out of different series
of acts, that defendant shall be sentenced as a Class X
offender. This subsection does not apply unless:
(1) the first felony was committed after February 1,
1978 (the effective date of Public Act 80-1099);
(2) the second felony was committed after conviction on
the first; and
(3) the third felony was committed after conviction on
the second.
A person sentenced as a Class X offender under this
subsection (b) is not eligible to apply for treatment as a
condition of probation as provided by Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
301/40-10).
(Source: P.A. 95-1052, eff. 7-1-09.)