Illinois 94th Regular Session Status: Enacted 1 D cosponsors

SB 319 — CRIM CD-ARMED HABITUAL CRIM

Last action — Public Act . . . . . . . . . 94-0715

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2005. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    0 primary, 8 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

What changed in the latest version

235 added · 353 removed

Plain-language change summary

The amendments to SB 319 primarily involve changes to how sentences are set for certain serious crimes, specifically first-degree murder. The updated legislation establishes that first-degree murder sentences must be a determinate sentence of 20 to 60 years or potentially life imprisonment under specific circumstances. This change is significant because it aims to create more clarity and consistency in sentencing for such serious offenses, potentially influencing public safety and judicial outcomes. Additionally, provisions related to armed habitual criminals were removed, indicating a potential shift in focus from gun-related offenses to a more streamlined approach to murder sentencing.

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SB0319 Engrossed LRB094 03400 RLC 33402 b AN ACT concerning criminal law.
SB0319 Enrolled LRB094 03400 RLC 33402 b AN ACT concerning criminal law.
The Criminal Code of 1961 is amended by adding Section 24-1.7 as follows:
The Unified Code of Corrections is amended by changing Section 5-8-1 as follows:
(720 ILCS 5/24-1.7 new) Sec.
(730 ILCS 5/5-8-1) (from Ch.
24-1.7.
Armed habitual criminal.
(a) 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 as defined in Section 2-8 of this Code;
(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.
(b) Sentence.
Being an armed habitual criminal is a Class X felony.
Section 10.
The Unified Code of Corrections is amended by changing Section 3-6-3 as follows:
(730 ILCS 5/3-6-3) (from Ch.
1003-6-3) Sec.
1005-8-1) Sec.
3-6-3.
5-8-1.
Rules and Regulations for Early Release.
Sentence of Imprisonment for Felony.
(a) (1) The Department of Corrections shall prescribe rules and regulations for the early release on account of SB0319 Engrossed - 2 - LRB094 03400 RLC 33402 b good conduct of persons committed to the Department which shall be subject to review by the Prisoner Review Board.
(a) Except as otherwise provided in the statute defining the offense, a sentence of imprisonment for a felony shall be a determinate sentence set by the court under this Section, according to the following limitations:
(2) The rules and regulations on early release shall provide, with respect to offenses committed on or after June 19, 1998 or with respect to the offense of being an armed habitual criminal committed on or after the effective date of this amendatory Act of the 94th General Assembly, the following:
(1) for first degree murder, (a) a term shall be not less than 20 years and not more than 60 years, or (b) if a trier of fact finds beyond a reasonable doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subsection (b) of Section 9-1 of the Criminal Code of 1961 are present, the court may sentence the defendant to a term of natural life imprisonment, or (c) the court shall sentence the defendant to a term of natural life imprisonment when the death penalty is not imposed if the defendant, (i) has previously been convicted of first degree murder under any state or federal law, or (ii) is a person who, at the time of the commission of the murder, had attained the age of 17 or more and is found guilty of murdering an individual under 12 years of age;
(i) that a prisoner who is serving a term of imprisonment for first degree murder or for the offense of terrorism shall receive no good conduct credit and shall serve the entire sentence imposed by the court;
or, irrespective of the defendant’s age at the time of the SB0319 Enrolled - 2 - LRB094 03400 RLC 33402 b commission of the offense, is found guilty of murdering more than one victim, or (iii) is found guilty of murdering a peace officer, or fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or (iv) is found guilty of murdering an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or (v) is found guilty of murdering an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical SB0319 Enrolled - 3 - LRB094 03400 RLC 33402 b technician - paramedic, ambulance driver, or other medical assistant or first aid personnel, or (vi) is a person who, at the time of the commission of the murder, had not attained the age of 17, and is found guilty of murdering a person under 12 years of age and the murder is committed during the course of aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnaping, or (vii) is found guilty of first degree murder and the murder was committed by reason of any person’s activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer.
(ii) that a prisoner serving a sentence for attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm, heinous battery, being an armed habitual criminal, aggravated battery of a senior citizen, or aggravated battery of a child shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment;
For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 1961.
and (iii) that a prisoner serving a sentence for home invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c-1) of Section 5-4-1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
For purposes of clause (v), "emergency medical technician - ambulance", "emergency medical technician - intermediate", "emergency medical technician - paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.
(2.1) For all offenses, other than those enumerated in SB0319 Engrossed - 3 - LRB094 03400 RLC 33402 b subdivision (a)(2) committed on or after June 19, 1998, and other than the offense of reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 committed on or after January 1, 1999, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of good conduct credit for each day of his or her sentence of imprisonment or recommitment under Section 3-3-9.
(d) (i) if the person committed the offense while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
Each day of good conduct credit shall reduce by one day the prisoner’s period of imprisonment or recommitment under Section 3-3-9.
(ii) if, during the commission of the offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
(2.2) A prisoner serving a term of natural life imprisonment or a prisoner who has been sentenced to death shall receive no good conduct credit.
(iii) if, during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
(2.3) The rules and regulations on early release shall provide that a prisoner who is serving a sentence for reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 committed on or after January 1, 1999, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
SB0319 Enrolled - 4 - LRB094 03400 RLC 33402 b (1.5) for second degree murder, a term shall be not less than 4 years and not more than 20 years;
(2.4) The rules and regulations on early release shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm or aggravated discharge of a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm, committed on or SB0319 Engrossed - 4 - LRB094 03400 RLC 33402 b after July 15, 1999 (the effective date of Public Act 91-121) this amendatory Act of 1999, that a prisoner serving a sentence for any of these offenses shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
(2) for a person adjudged a habitual criminal under Article 33B of the Criminal Code of 1961, as amended, the sentence shall be a term of natural life imprisonment;
(2.5) The rules and regulations on early release shall provide that a prisoner who is serving a sentence for aggravated arson committed on or after July 27, 2001 (the effective date of Public Act 92-176) this amendatory Act of the 92nd 93rd General Assembly shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
(2.5) for a person convicted under the circumstances described in paragraph (3) of subsection (b) of Section 12-13, paragraph (2) of subsection (d) of Section 12-14, paragraph (1.2) of subsection (b) of Section 12-14.1, or paragraph (2) of subsection (b) of Section 12-14.1 of the Criminal Code of 1961, the sentence shall be a term of natural life imprisonment;
(3) The rules and regulations shall also provide that the Director may award up to 180 days additional good conduct credit for meritorious service in specific instances as the Director deems proper;
(3) except as otherwise provided in the statute defining the offense, for a Class X felony, the sentence shall be not less than 6 years and not more than 30 years;
except that no more than 90 days of good conduct credit for meritorious service shall be awarded to any prisoner who is serving a sentence for conviction of first degree murder, reckless homicide while under the influence of alcohol or any other drug, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, aggravated kidnapping, kidnapping, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, deviate sexual assault, aggravated criminal sexual abuse, aggravated indecent liberties with a child, indecent liberties with a child, child pornography, heinous battery, aggravated battery of a spouse, aggravated battery of a spouse with a firearm, stalking, aggravated stalking, aggravated battery of a child, endangering the life or health of a child, cruelty to a child, or narcotic racketeering.
(4) for a Class 1 felony, other than second degree murder, the sentence shall be not less than 4 years and not more than 15 years;
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Notwithstanding the foregoing, good conduct credit for meritorious service shall not be awarded on a SB0319 Engrossed - 5 - LRB094 03400 RLC 33402 b sentence of imprisonment imposed for conviction of:
(5) for a Class 2 felony, the sentence shall be not less than 3 years and not more than 7 years;
(i) one of the offenses enumerated in subdivision (a)(2) when the offense is committed on or after June 19, 1998, (ii) reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 when the offense is committed on or after January 1, 1999, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, (iii) one of the offenses enumerated in subdivision (a)(2.4) when the offense is committed on or after July 15, 1999 (the effective date of Public Act 91-121) this amendatory Act of 1999, or (iv) aggravated arson when the offense is committed on or after July 27, 2001 (the effective date of Public Act 92-176) this amendatory Act of the 92nd 93rd General Assembly.
(6) for a Class 3 felony, the sentence shall be not less than 2 years and not more than 5 years;
(4) The rules and regulations shall also provide that the good conduct credit accumulated and retained under paragraph (2.1) of subsection (a) of this Section by any inmate during specific periods of time in which such inmate is engaged full-time in substance abuse programs, correctional industry assignments, or educational programs provided by the Department under this paragraph (4) and satisfactorily completes the assigned program as determined by the standards of the Department, shall be multiplied by a factor of 1.25 for program participation before August 11, 1993 and 1.50 for program participation on or after that date.
(7) for a Class 4 felony, the sentence shall be not less than 1 year and not more than 3 years.
However, no inmate shall be eligible for the additional good conduct credit under this paragraph (4) while assigned to a boot camp, mental health unit, or electronic detention, or if convicted of an offense enumerated in paragraph (a)(2) of this Section that is committed on or after June 19, 1998, or if convicted of reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 if the offense is SB0319 Engrossed - 6 - LRB094 03400 RLC 33402 b committed on or after January 1, 1999, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code, or if convicted of an offense enumerated in paragraph (a)(2.4) of this Section that is committed on or after July 15, 1999 (the effective date of Public Act 91-121) this amendatory Act of 1999, or first degree murder, a Class X felony, criminal sexual assault, felony criminal sexual abuse, aggravated criminal sexual abuse, aggravated battery with a firearm, or any predecessor or successor offenses with the same or substantially the same elements, or any inchoate offenses relating to the foregoing offenses.
(b) The sentencing judge in each felony conviction shall set forth his reasons for imposing the particular sentence he enters in the case, as provided in Section 5-4-1 of this Code.
No inmate shall be eligible for the additional good conduct credit under this paragraph (4) who (i) has previously received increased good conduct credit under this paragraph (4) and has subsequently been convicted of a felony, or (ii) has previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
Those reasons may include any mitigating or aggravating factors specified in this Code, or the lack of any such circumstances, as well as any other such factors as the judge shall set forth on the record that are consistent with the purposes and principles of sentencing set out in this Code.
Educational, vocational, substance abuse and correctional industry programs under which good conduct credit may be increased under this paragraph (4) shall be evaluated by the Department on the basis of documented standards.
(c) A motion to reduce a sentence may be made, or the court may reduce a sentence without motion, within 30 days after the sentence is imposed.
The Department shall report the results of these evaluations to the Governor and the General Assembly by September 30th of each year.
A defendant’s challenge to the correctness of a sentence or to any aspect of the sentencing hearing shall SB0319 Enrolled - 5 - LRB094 03400 RLC 33402 b be made by a written motion filed within 30 days following the imposition of sentence.
The reports shall include data relating to the recidivism rate among program participants.
However, the court may not increase a sentence once it is imposed.
Availability of these programs shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes.
If a motion filed pursuant to this subsection is timely filed within 30 days after the sentence is imposed, the proponent of the motion shall exercise due diligence in seeking a determination on the motion and the court shall thereafter decide such motion within a reasonable time.
Eligible inmates who are denied immediate admission shall be placed on a waiting list under criteria established by the Department.
If a motion filed pursuant to this subsection is timely filed within 30 days after the sentence is imposed, then for purposes of perfecting an appeal, a final judgment shall not be considered to have been entered until the motion to reduce a sentence has been decided by order entered by the trial court.
The SB0319 Engrossed - 7 - LRB094 03400 RLC 33402 b inability of any inmate to become engaged in any such programs by reason of insufficient program resources or for any other reason established under the rules and regulations of the Department shall not be deemed a cause of action under which the Department or any employee or agent of the Department shall be liable for damages to the inmate.
A motion filed pursuant to this subsection shall not be considered to have been timely filed unless it is filed with the circuit court clerk within 30 days after the sentence is imposed together with a notice of motion, which notice of motion shall set the motion on the court’s calendar on a date certain within a reasonable time after the date of filing.
(4.5) The rules and regulations on early release shall also provide that a prisoner who is serving a sentence for a crime committed as a result of the use of, abuse of, or addiction to alcohol or a controlled substance and the crime was committed on or after September 1, 2003 (the effective date of Public Act 93-354) this Amendatory Act of the 93rd General Assembly shall receive no good conduct credit until he or she participates in and completes a substance abuse treatment program.
(d) Except where a term of natural life is imposed, every sentence shall include as though written therein a term in addition to the term of imprisonment.
Good conduct credit awarded under clauses (2), (3), and (4) of this subsection (a) for crimes committed on or after September 1, 2003 the effective date of this amendatory Act of the 93rd General Assembly is subject to the provisions of this clause (4.5).
For those sentenced under the law in effect prior to February 1, 1978, such term shall be identified as a parole term.
If the prisoner completes a substance abuse treatment program, the Department may award good conduct credit for the time spent in treatment.
For those sentenced on or after February 1, 1978, such term shall be identified as a mandatory supervised release term.
Availability of substance abuse treatment shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes.
Subject to earlier termination under Section 3-3-8, the parole or mandatory supervised release term shall be as follows:
If treatment is not available, the prisoner shall be placed on a waiting list under criteria established by the Department.
(1) for first degree murder or a Class X felony except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed convicted on or after the effective date of this amendatory Act of the 94th General Assembly July 1, 2005, 3 years;
The Department may require a prisoner placed on a waiting list to attend a substance abuse education class or attend substance abuse self-help meetings.
(2) for a Class 1 felony or a Class 2 felony except for the offense of criminal sexual assault if committed SB0319 Enrolled - 6 - LRB094 03400 RLC 33402 b convicted on or after the effective date of this amendatory Act of the 94th General Assembly July 1, 2005, 2 years;
A prisoner may not lose good conduct credit as a result of being placed on a waiting list.
(3) for a Class 3 felony or a Class 4 felony, 1 year;
A prisoner placed on a waiting list remains eligible for increased good conduct credit for participation in an educational, vocational, or correctional industry program under clause (4) of subsection (a) of this Section.
(4) for defendants who commit the offense convicted of predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault, on or after the effective date of this amendatory Act of the 94th General Assembly July 1, 2005, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant;
SB0319 Engrossed - 8 - LRB094 03400 RLC 33402 b (5) Whenever the Department is to release any inmate earlier than it otherwise would because of a grant of good conduct credit for meritorious service given at any time during the term, the Department shall give reasonable advance notice of the impending release to the State’s Attorney of the county where the prosecution of the inmate took place.
(5) if the victim is under 18 years of age, for a second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, at least the first 2 years of which the defendant shall serve in an electronic home detention program under Article 8A of Chapter V of this Code.
(b) Whenever a person is or has been committed under several convictions, with separate sentences, the sentences shall be construed under Section 5-8-4 in granting and forfeiting of good time.
(e) A defendant who has a previous and unexpired sentence of imprisonment imposed by another state or by any district court of the United States and who, after sentence for a crime in Illinois, must return to serve the unexpired prior sentence may have his sentence by the Illinois court ordered to be concurrent with the prior sentence in the other state.
(c) The Department shall prescribe rules and regulations for revoking good conduct credit, or suspending or reducing the rate of accumulation of good conduct credit for specific rule violations, during imprisonment.
The court may order that any time served on the unexpired portion of the sentence in the other state, prior to his return to Illinois, shall be credited on his Illinois sentence.
These rules and regulations shall provide that no inmate may be penalized more than one year of good conduct credit for any one infraction.
The other state shall be furnished with a copy of the order imposing sentence which shall provide that, when the offender is released from confinement of the other state, whether by parole or by termination of sentence, the offender shall be transferred by the Sheriff of the committing county to the Illinois Department of Corrections.
When the Department seeks to revoke, suspend or reduce the rate of accumulation of any good conduct credits for an alleged infraction of its rules, it shall bring charges therefor against the prisoner sought to be so deprived of good conduct credits before the Prisoner Review Board as provided in subparagraph (a)(4) of Section 3-3-2 of this Code, if the amount of credit at issue exceeds 30 days or when during any 12 month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release.
The court shall cause the Department of Corrections to be notified of such sentence at the time of commitment and to be provided with copies of all records regarding the sentence.
In those cases, the Department of Corrections may revoke up to 30 days of good conduct credit.
(f) A defendant who has a previous and unexpired sentence of imprisonment imposed by an Illinois circuit court for a SB0319 Enrolled - 7 - LRB094 03400 RLC 33402 b crime in this State and who is subsequently sentenced to a term of imprisonment by another state or by any district court of the United States and who has served a term of imprisonment imposed by the other state or district court of the United States, and must return to serve the unexpired prior sentence imposed by the Illinois Circuit Court may apply to the court which imposed sentence to have his sentence reduced.
The Board may subsequently approve the revocation of additional good conduct credit, if the Department seeks to revoke good conduct credit in excess of 30 days.
The circuit court may order that any time served on the sentence imposed by the other state or district court of the United States be credited on his Illinois sentence.
However, the Board shall not be empowered to review the Department’s decision with respect to the loss of 30 days of good conduct credit within any calendar year for any prisoner or to increase any penalty beyond the length requested by the Department.
Such application for reduction of a sentence under this subsection (f) shall be made within 30 days after the defendant has completed the sentence imposed by the other state or district court of the United States.
SB0319 Engrossed - 9 - LRB094 03400 RLC 33402 b The Director of the Department of Corrections, in appropriate cases, may restore up to 30 days good conduct credits which have been revoked, suspended or reduced.
Any restoration of good conduct credits in excess of 30 days shall be subject to review by the Prisoner Review Board.
However, the Board may not restore good conduct credit in excess of the amount requested by the Director.
Nothing contained in this Section shall prohibit the Prisoner Review Board from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the sentence imposed by the court that was not served due to the accumulation of good conduct credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or federal court against the State, the Department of Corrections, or the Prisoner Review Board, or against any of their officers or employees, and the court makes a specific finding that a pleading, motion, or other paper filed by the prisoner is frivolous, the Department of Corrections shall conduct a hearing to revoke up to 180 days of good conduct credit by bringing charges against the prisoner sought to be deprived of the good conduct credits before the Prisoner Review Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of good conduct credit at the time of the finding, then the Prisoner Review Board may revoke all good conduct credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:
(A) it lacks an arguable basis either in law or in fact;
(B) it is being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
SB0319 Engrossed - 10 - LRB094 03400 RLC 33402 b (C) the claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(D) the allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery;
or (E) the denials of factual contentions are not warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.
(2) "Lawsuit" means a petition for post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963, a motion pursuant to Section 116-3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C.
2254), a petition for claim under the Court of Claims Act or an action under the federal Civil Rights Act (42 U.S.C.
1983).
(e) Nothing in Public Act 90-592 or 90-593 this amendatory Act of 1998 affects the validity of Public Act 89-404.
92-176, eff.
94-165, eff.
7-27-01;
7-11-05;
92-854, eff.
94-243, eff.
12-5-02;
1-1-06;
93-213, eff.
revised 8-19-05.) Section 99.
7-18-03;
93-354, eff.
9-1-03;
revised 10-15-03.) Section 99.
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Action History

  1. Public Act . . . . . . . . . 94-0715

  2. Effective Date December 13, 2005

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 059-000-000

  7. Added Alternate Co-Sponsor Rep. Cynthia Soto

  8. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 008-000-000

  9. Added Alternate Co-Sponsor Rep. William Delgado

  10. Added Alternate Co-Sponsor Rep. Susana A Mendoza

  11. House Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary

  12. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  13. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Don Harmon

  14. Placed on Calendar Order of Concurrence House Amendment(s) 01-November 2, 2005

  15. Secretary's Desk - Concurrence House Amendment(s) 01

  16. Third Reading - Short Debate - Passed 117-000-000

  17. 3/5 Vote Required

  18. Added Alternate Co-Sponsor Rep. Jack D. Franks

  19. Placed on Calendar Order of 3rd Reading - Short Debate

  20. Held on Calendar Order of Second Reading - Short Debate

  21. Second Reading - Short Debate

  22. Placed on Calendar 2nd Reading - Short Debate

  23. Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 016-000-000

  24. House Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote

  25. House Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee

  26. Chief Sponsor Changed to Sen. Don Harmon

  27. Chief House Sponsor Rep. Careen M Gordon

  28. Assigned to Judiciary II - Criminal Law Committee

  29. Final Action Deadline Extended-9(b) January 11, 2006

  30. Rule 19(a) / Re-referred to Rules Committee

  31. Alternate Chief Sponsor Removed Rep. James D. Brosnahan

  32. Alternate Chief Sponsor Changed to Rep. James D. Brosnahan

  33. Added Alternate Co-Sponsor Rep. Michelle Chavez

  34. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  35. Added Alternate Co-Sponsor Rep. Edward J. Acevedo

  36. Assigned to Executive Committee

  37. Referred to Rules Committee

  38. First Reading

  39. Chief House Sponsor Rep. Paul D. Froehlich

  40. Placed on Calendar Order of First Reading

  41. Arrived in House

  42. Third Reading - Passed; 055-000-000

  43. Placed on Calendar Order of 3rd Reading

  44. Senate Floor Amendment No. 1 Adopted; Cullerton

  45. Recalled to Second Reading

  46. Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 010-000-000

  47. Placed on Calendar Order of 3rd Reading April 12, 2005

  48. Second Reading

  49. Senate Floor Amendment No. 1 Postponed - Judiciary

  50. Senate Floor Amendment No. 1 Rules Refers to Judiciary

  51. Added as Co-Sponsor Sen. Martin A. Sandoval

  52. Senate Floor Amendment No. 1 Referred to Rules

  53. Senate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

  54. Placed on Calendar Order of 2nd Reading March 1, 2005

  55. Do Pass Judiciary; 010-000-000

  56. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  57. Assigned to Judiciary

  58. Referred to Rules

  59. First Reading

  60. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • Don Harmon · Cosponsor
  • Edward J. Acevedo · Cosponsor
  • Michelle Chavez · Cosponsor
  • Jack D. Franks · Cosponsor
  • Susana A Mendoza · Cosponsor
  • William Delgado · Cosponsor
  • Cynthia Soto · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 8 co-sponsors · 175 not signed on

Sponsors (0)

None.

Co-sponsors (8)

  • Don Harmon Democrat
  • Edward J. Acevedo
  • Michelle Chavez
  • Jack D. Franks
  • Susana A Mendoza
  • William Delgado
  • Cynthia Soto
  • Chapa LaVia

Not signed on (175)

175 members have not signed on to this bill.

Show all 175 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 53000
Democrat 5000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Silverstein — Yea
Lauzen — Yea
Luechtefeld — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Geo-Karis — Yea
Halvorson — Yea
Meeks — Yea
Millner — Yea
Peterson — Yea
Rutherford — Yea
Brady — Yea
Munoz — Yea
Sullivan, J. — Yea
Clayborne — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Petka — Yea
Jacobs — Yea
Link — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Demuzio — Yea
Radogno — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Pankau — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 117 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 105001
Democrat 9000
Republican 3000
Total 117001
% of votes cast 99%0%0%1%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Scully — Yea
Sommer — Yea
Lang — Yea
Leitch — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Moffitt — Yea
Froehlich — Yea
Munson — Yea
Graham — Yea
Hassert — Yea
Hultgren — Yea
Jefferson — Yea
Jenisch — Yea
Osmond — Yea
Lindner — Yea
Poe — Yea
Lyons, Eileen — Yea
Reitz — Yea
Lyons, Joseph — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
McAuliffe — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Meyer — Yea
Molaro — Yea
McGuire — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Parke — Yea
Brady — Yea
Soto — Yea
Tenhouse — Yea
Mitchell, Bill — Yea
Tryon — Yea
Turner — Yea
Mitchell, Jerry — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Howard — Yea
Watson — Yea
Jones — Yea
Chavez — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Giles — Yea
Gordon — Yea
Granberg — Yea
Hamos — Yea
Holbrook — Yea
Jakobsson — Yea
Krause — Yea
Davis, Monique — Yea
Bailey — Not Voting
Madigan — Yea
Phelps — Yea
Pihos — Yea
Younge — Yea
D'Amico — Yea
Daniels — Yea
Kosel — Yea
Osterman — Yea
Patterson — Yea
Pritchard — Yea
Ramey — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 49004
Democrat 5000
Republican 1000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Silverstein — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Cronin — Yea
Halvorson — Yea
Meeks — Yea
Pankau — Yea
Peterson — Yea
Schoenberg — Yea
Shadid — Yea
Trotter — Yea
Munoz — Yea
Brady — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Clayborne — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Lauzen — Yea
Demuzio — Yea
Link — Yea
Petka — Not Voting
Jones, W. — Not Voting
Maloney — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Not Voting
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Not Voting
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 319 do?
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.
Who sponsors SB 319?
SB 319 is sponsored by Don Harmon (Democrat), Edward J. Acevedo, Michelle Chavez, Jack D. Franks, Susana A Mendoza, William Delgado, Cynthia Soto, and Chapa LaVia.
What is the current status of SB 319?
This bill has been enacted into law. Introduced February 15, 2005. Enacted.
Where can I track SB 319?
Track SB 319 free on One Click Politics — get push/email alerts when it moves.

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