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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5016

Introduced 2/10/2026, by Rep. Tony M. McCombie - John M. Cabello

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-4.5-95

Amends the Unified Code of Corrections. Restores the general
recidivism provisions of the Code before the effective date of Public Act
101-652. Provides that the third-time offender provisions resulting in a
sentence of natural life imprisonment apply when the defendant has
attained the age of 18 at the time of the third offense (rather than 21
years of age or older when the first offense was committed). In the
provision that when a defendant, over the age of 21 years, is convicted of
a Class 1 or Class 2 forcible 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 was
committed) classified in Illinois as a Class 2 or greater Class forcible
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 the 3 offenses may be felonies rather than
forcible felonies. Provides that the Class X sentencing provision does not
apply to Class 1 or Class 2 felony convictions for theft.
LRB104 15429 RLC 28584 b

A BILL FOR

HB5016
LRB104 15429 RLC 28584 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Unified Code of Corrections is amended by
5
changing Section 5-4.5-95 as follows:

6

(730 ILCS 5/5-4.5-95)
7

Sec. 5-4.5-95.
GENERAL RECIDIVISM PROVISIONS.
8

(a) HABITUAL CRIMINALS.
9

(1) Every person who has been twice convicted in any
10

state or federal court of an offense that contains the
11

same elements as an offense now (the date of the offense
12

committed after the 2 prior convictions) classified in
13

Illinois as a Class X felony, criminal sexual assault,
14

aggravated kidnapping, or first degree murder, and who is
15

thereafter convicted of a Class X felony, criminal sexual
16

assault, or first degree murder, committed after the 2
17

prior convictions, shall be adjudged an habitual criminal.
18

(2) The 2 prior convictions need not have been for the
19

same offense.
20

(3) Any convictions that result from or are connected
21

with the same transaction, or result from offenses
22

committed at the same time, shall be counted for the
23

purposes of this Section as one conviction.

HB5016
- 2 -
LRB104 15429 RLC 28584 b
1

(4) This Section does not apply unless each of the
2

following requirements are satisfied:
3

(A) The third offense was committed after July 3,
4

1980.
5

(B) The third offense was committed within 20
6

years of the date that judgment was entered on the
7

first conviction; provided, however, that time spent
8

in custody shall not be counted.
9

(C) The third offense was committed after
10

conviction on the second offense.
11

(D) The second offense was committed after
12

conviction on the first offense.
13

(E)
(Blank).

The first offense was committed when
14

the person was 21 years of age or older.

15

(5) Anyone who
, having attained the age of 18 at the
16

time of the third offense,
is adjudged an habitual
17

criminal shall be sentenced to a term of natural life
18

imprisonment.
19

(6) A prior conviction shall not be alleged in the
20

indictment, and no evidence or other disclosure of that
21

conviction shall be presented to the court or the jury
22

during the trial of an offense set forth in this Section
23

unless otherwise permitted by the issues properly raised
24

in that trial. After a plea or verdict or finding of guilty
25

and before sentence is imposed, the prosecutor may file
26

with the court a verified written statement signed by the

HB5016
- 3 -
LRB104 15429 RLC 28584 b
1

State's Attorney concerning any former conviction of an
2

offense set forth in this Section rendered against the
3

defendant. The court shall then cause the defendant to be
4

brought before it; shall inform the defendant of the
5

allegations of the statement so filed, and of his or her
6

right to a hearing before the court on the issue of that
7

former conviction and of his or her right to counsel at
8

that hearing; and unless the defendant admits such
9

conviction, shall hear and determine the issue, and shall
10

make a written finding thereon. If a sentence has
11

previously been imposed, the court may vacate that
12

sentence and impose a new sentence in accordance with this
13

Section.
14

(7) A duly authenticated copy of the record of any
15

alleged former conviction of an offense set forth in this
16

Section shall be prima facie evidence of that former
17

conviction; and a duly authenticated copy of the record of
18

the defendant's final release or discharge from probation
19

granted, or from sentence and parole supervision (if any)
20

imposed pursuant to that former conviction, shall be prima
21

facie evidence of that release or discharge.
22

(8) Any claim that a previous conviction offered by
23

the prosecution is not a former conviction of an offense
24

set forth in this Section because of the existence of any
25

exceptions described in this Section, is waived unless
26

duly raised at the hearing on that conviction, or unless

HB5016
- 4 -
LRB104 15429 RLC 28584 b
1

the prosecution's proof shows the existence of the
2

exceptions described in this Section.
3

(9) If the person so convicted shows to the
4

satisfaction of the court before whom that conviction was
5

had that he or she was released from imprisonment, upon
6

either of the sentences upon a pardon granted for the
7

reason that he or she was innocent, that conviction and
8

sentence shall not be considered under this Section.
9

(b) When a defendant, over the age of 21 years, is
10
convicted of a Class 1 or Class 2
forcible
felony
, except for
11
an offense listed in subsection (c-1) of this Section,
after
12
having twice been convicted in any state or federal court of an
13
offense that contains the same elements as an offense now (the
14
date the Class 1 or Class 2
forcible
felony was committed)
15
classified in Illinois as a Class 2 or greater Class
forcible

16
felony
, except for an offense listed in subsection (c-1) of
17
this Section,
and those charges are separately brought and
18
tried and arise out of different series of acts, that
19
defendant shall be sentenced as a Class X offender. This
20
subsection does not apply unless:
21

(1) the first
forcible
felony was committed after
22

February 1, 1978 (the effective date of Public Act
23

80-1099);
24

(2) the second
forcible
felony was committed after
25

conviction on the first;
and

26

(3) the third
forcible
felony was committed after

HB5016
- 5 -
LRB104 15429 RLC 28584 b
1

conviction on the second
.

; and
2

(4) the first offense was committed when the person
3

was 21 years of age or older.
4

(c) (Blank).
5

(c-1) Subsection (b) of this Section does not apply to
6
Class 1 or Class 2 felony convictions for a violation of
7
Section 16-1 of the Criminal Code of 2012.

8

A person sentenced as a Class X offender under this
9
subsection (b) is not eligible to apply for treatment as a
10
condition of probation as provided by Section 40-10 of the
11
Substance Use Disorder Act (20 ILCS 301/40-10).
12
(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
13
101-652, eff. 7-1-21
.)

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