2005 Illinois 720 ILCS 5/ Criminal Code of 1961. Article 33b - Mandatory Life Sentence; A Third Or Subsequent Forcible Offense
(720 ILCS 5/Art. 33B heading)
MANDATORY LIFE SENTENCE
A THIRD OR SUBSEQUENT FORCIBLE OFFENSE
(720 ILCS 5/33B‑1)
(from Ch. 38, par. 33B‑1)
(a) 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 classified in Illinois as a Class X felony, criminal sexual assault,
or first degree murder, and 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.
(b) The 2 prior convictions need not have been for the same offense.
(c) Any convictions which 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.
(d) This Article shall not apply unless each of the following requirements
(1) the third offense was committed after the
effective date of this Act;
(2) 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;
(3) the third offense was committed after conviction
(4) the second offense was committed after
conviction on the first offense.
(e) Except when the death penalty is imposed, anyone adjudged an habitual
criminal shall be sentenced to life imprisonment.
(Source: P.A. 88‑677, eff. 12‑15‑94.)
(720 ILCS 5/33B‑2)
(from Ch. 38, par. 33B‑2)
(a) A prior conviction shall not be alleged
in the indictment, and no evidence or other disclosure of
such conviction shall be presented to the court or the jury
during the trial of an offense set forth in Section 33B‑1
unless otherwise permitted by the issues properly raised in
such 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 Section 33B‑1 rendered against the
defendant. The court shall then cause the defendant to be
brought before it; shall inform him of the allegations of
the statement so filed, and of his right to a hearing before
the court on the issue of such former conviction and of his
right to counsel at such hearing; and unless the defendant
admits such conviction, the court shall hear and determine
such issue, and shall make a written finding thereon. If a
sentence has previously been imposed, the court may vacate
such sentence and impose a new sentence in accordance with
Section 33B‑1 of this Act.
(b) A duly authenticated copy of the record of any
alleged former conviction of an offense set forth in
Section 33B‑1 shall be prima facie evidence of such
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 such former conviction, shall
be prima facie evidence of such release or discharge.
(c) Any claim that a previous conviction offered by the
prosecution is not a former conviction of an offense set
forth in Section 33B‑1 because of the existence of any
exceptions described in this Act, is waived unless duly
raised at the hearing on such conviction, or unless the
prosecution's proof shows the existence of such exceptions
described in this Act.
(Source: P.A. 80‑1099.)
(720 ILCS 5/33B‑3)
(from Ch. 38, par. 33B‑3)
If the person so convicted shall show to the
satisfaction of the court before whom such conviction was
had that he was released from imprisonment, upon either of
the sentences upon a pardon granted for the reason that he
was innocent, such conviction and sentence shall not be
considered under Section 33B‑1.
(Source: P.A. 80‑1099.)
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