Illinois General Assembly - Bill Status for SB3292

Amends the Unified Code of Corrections. Provides that for a person to be adjudged a habitual criminal, the first offense must have been committed when the person was 21 years of age or older. Provides that when a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 forcible felony (rather than 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 forcible felony (rather than felony) was committed) classified in Illinois as a Class 2 or greater Class forcible felony (rather than 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. Provides that a period of probation, a term of periodic imprisonment or conditional discharge may be imposed for a person convicted of residential burglary. Provides that a period of probation, a term of periodic imprisonment or conditional discharge may not be imposed for controlled substance trafficking or delivery in certain specified places of more than 5 grams of a substance containing heroin, cocaine, fentanyl, or an analog thereof (rather than any manufacture, delivery, or possession with intent to manufacture or deliver these quantities of substances or 3 or more grams with respect to heroin or an analog thereof).

Replaces everything after the enacting clause. Reinserts the provisions of the bill. Amends the Illinois Controlled Substances Act. Provides that any person who knowingly possesses not more than 1 gram of a controlled substance other than methamphetamine or counterfeit substance not set forth in the possession provisions is guilty of a Class A misdemeanor (rather than a Class 4 felony). Amends the Methamphetamine Control and Community Protection Act. Provides that the fine for a violation punishable under this provision shall not be more than $2,500. Further amends the Unified Code of Corrections. Deletes provision that a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for a Class 2 or greater felony if the offender had been convicted of a Class 2 or greater felony, including any state or federal conviction for an offense that contained, at the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 2 or greater felony) classified as a Class 2 or greater felony, within 10 years of the date on which the offender committed the offense for which he or she is being sentenced. Deletes provision that a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for controlled substance trafficking or delivery of controlled substances in certain places which relates to more than 5 grams of a substance containing cocaine, fentanyl, or an analog thereof.

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