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Rep. Esther Golar
Filed: 3/27/2012
| | 09700HB5771ham001 | | LRB097 19180 RLC 68176 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5771
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| 2 | | AMENDMENT NO. ______. Amend House Bill 5771 on page 1, line |
| 3 | | 6, by inserting "5-5.5-5," after "Sections"; and
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| 4 | | on page 1, by inserting immediately below line 6 the following:
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| 5 | | "(730 ILCS 5/5-5.5-5)
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| 6 | | Sec. 5-5.5-5. Definitions and rules of construction. In |
| 7 | | this Article:
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| 8 | | "Eligible offender" means a person who has been
convicted |
| 9 | | of a crime in this State or of an offense in any other |
| 10 | | jurisdiction that does not include any offense or attempted |
| 11 | | offense that would subject a person to registration under the |
| 12 | | Sex Offender Registration Act, the Arsonist Registration Act, |
| 13 | | or the Murderer and Violent Offender Against Youth Registration |
| 14 | | Act, but who has not been convicted more than twice of a |
| 15 | | felony. "Eligible offender" does not include a person who has |
| 16 | | been convicted of committing or attempting to commit a Class X |
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| | 09700HB5771ham001 | - 2 - | LRB097 19180 RLC 68176 a |
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| 1 | | felony, aggravated driving under the influence of alcohol, |
| 2 | | other drug or drugs, or intoxicating compound or compounds, or |
| 3 | | any combination thereof, aggravated domestic battery, or a |
| 4 | | forcible felony.
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| 5 | | "Felony" means a conviction of a felony in this State, or
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| 6 | | of an offense in any other jurisdiction for which a sentence to |
| 7 | | a
term of imprisonment in excess of one year, was authorized.
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| 8 | | For the purposes of this Article the following rules of |
| 9 | | construction apply:
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| 10 | | (i) two or more convictions of felonies charged in |
| 11 | | separate counts of one
indictment or information shall be |
| 12 | | deemed to be one conviction;
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| 13 | | (ii) two or more convictions of felonies charged in 2 |
| 14 | | or more indictments
or informations, filed in the same |
| 15 | | court prior to entry of judgment under any
of them, shall |
| 16 | | be deemed to be one conviction; and
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| 17 | | (iii) a plea or a verdict of guilty upon which a |
| 18 | | sentence
of probation, conditional discharge, or |
| 19 | | supervision
has been imposed shall be deemed to be a |
| 20 | | conviction.
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| 21 | | "Forcible felony" means first degree murder, second degree |
| 22 | | murder, aggravated arson, arson, aggravated kidnapping, |
| 23 | | kidnapping, aggravated battery that resulted in great bodily |
| 24 | | harm or permanent disability, and any other felony which |
| 25 | | involved the use of physical force or violence against any |
| 26 | | individual that resulted in great bodily harm or permanent |