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posted on 5/22/21

Illinois recently passed one of the most significant criminal justice reform laws in the country. The law, which is nearly 764 pages long, revamps the entire Illinois pre-trial system. This comprehensive reform law is a combination of three different bills that have been pending since 2019. The law changes nearly every aspect of the criminal justice system, from pretrial detention and sentencing to police accountability. The law also redefines what it means to be a “habitual criminal.”

How Does the New Law Change the Definition of a “Habitual Criminal”?

Under Illinois law, repeat criminal offenders are given a more severe punishment if they have had previous criminal convictions and are considered a “habitual criminal.” Illinois’ new criminal justice reform law has amended Illinois law to change the definition of a habitual criminal. Under the new law, a defendant can only be considered a habitual criminal when his or her first offense was committed when he or she was 21 years of age or older. Legislators who favored the change wanted to acknowledge that committing a crime as a 19-year-old is different from committing a crime as a 30-year-old.

Class X Felony Charges

A Class X felony is among the most serious types of felony offenses in Illinois. When an Illinois court convicts a defendant of a Class X felony, the defendant cannot receive a probation sentence. Instead, the judge must sentence the defendant to a minimum of six years in jail. The defendant must meet certain requirements to be tried for a Class X felony. Until recently, the prosecution would need to prove that the defendant had been previously convicted of any forcible felony, unlawful use of a weapon, or possession of a controlled substance.

The new law also adds the word “forcible” to provisions related to charging defendants as Class X offenders, restricting who can be considered a Class X offender. Previously, a defendant convicted of Class 1 or 2 felonies after two convictions of Class 1 or 2 felony would be considered a habitual criminal. Now, procurers must demonstrate that the defendant committed “forcible” felonies to classify them as a Class X offender. As a result, under Illinois habitual criminal statute, the defendant must be sentenced as a Class X offender when:

  • The defendant is over the age of 21 years
  • The defendant is convicted of Class 1 or 2 forcible felony
  • After two prior convictions of Class 1 or Class 2 forcible felony

When a defendant can avoid being classified as a Class X felony, he or she has a better chance of securing probation instead of jail time. The punishment for a Class X felony is typically a mandatory sentence of three to 60 years in prison with additional penalties and fines.

Contact a Cook County Criminal Defense Lawyer Today

At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. You can see defense attorney Thomas Glasgow on local Chicago news when he fought to get a former police officer’s conviction vacated. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights.