HB 4808 Illinois House · 102nd Regular Session

CD CR-HABITUAL MISDEMEANANT

Summary
Amends the Code of Criminal Procedure of 1963. Provides that if a person has 3 or more pending charges for misdemeanor domestic battery, battery, violation of an order of protection, or criminal damage to property when the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986, the defendant may be charged as a habitual misdemeanant offender. Provides that the 3 or more charges alleged do not have to be for the same offense. Provides that any offense that results from or is connected with the same transaction, or results from an offense committed at the same time, shall be counted for the purposes of this provision as one offense. Provides that: (1) the third offense must have occurred after the second offense; (2) the second offense must have occurred after the first offense; and (3) all of the charged offenses must be proved at trial in order for the person to be adjudged a habitual misdemeanant offender. Provides that once a person has been adjudged a habitual misdemeanant offender any of the following charges for domestic battery, battery, violation of an order of protection, or criminal damage to property in which the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986 shall be charged as a Class 4 felony. Provides that a habitual misdemeanant offender shall be sentenced as a Class 4 felony offender for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years. Provides that the court may deny pretrial release to a person charged as a habitual misdemeanant offender. Amends the Unified Code of Corrections to make conforming changes.
Bill status failed 1 of 4 stages cleared
Introduction
Jan 2022
Committee Review
Floor Vote
Governor
Introduced Jan 25, 2022 Last action Jan 10, 2023
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Full legislative history

Actions timeline

Total actions
9
Key actions
0
Committee
3
Feb 18, 2022
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Feb 1, 2022
Committee
Assigned to Judiciary - Criminal Committee
lower
Jan 27, 2022
Committee
Referred to Rules Committee
lower
1 primary · 3 co-sponsors

Sponsors