Prosecutors Critical of Bill Ending "Habitual Criminal" Statute
McHenry County State’s Attorney Patrick Kenneally answers media questions in 2019. (Photo: Chicago Tribune)
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Legislation in the House to end the state’s “Habitual Criminal” and “Armed Habitual Criminal” statutes is being criticized by current and former prosecutors.
HB1053, sponsored by Rep. Rita Mayfield (D-Gurnee), was advanced by the House Judiciary-Criminal committee last week that would eliminate the penalty enhancements.
Under the Habitual Criminal statute, if a person is convicted twice of murder, criminal sexual assault, aggravated kidnapping, or any another Class X felony can receive an automatic life sentence if they’re convicted of a third Class X felony.
“Armed Habitual Criminal” adds an extended prison term for three convictions of multiple weapons felonies.
Numerous law enforcement groups are opposed to the legislation.
Rep. Patrick Windhorst (R-Metropolis), the top ranking Republican on the House Judiciary-Criminal committee and a former State’s Attorney in Massac County in southern Illinois, says the habitual criminal statute only impacts violent, repeat offenders.
“These are designed to deal with people who have shown themselves to be dangerous and continue to commit crimes,” Windhorst said. “We’re talking about repeat offenders who have been given both a second and a third chance. These keep bad, often violent offenders off the street.”
McHenry County State’s Attorney Patrick Kenneally was harshly critical of the legislation, saying it goes far beyond the typical goals of criminal justice reform.
“It takes a significant amount of effort where you’re even in a position to be charged as a habitual criminal,” he said. “You have to be a committed, significant, habitual criminal to get to a point where you can even charge this. This is an extra penalty for those who cannot and will not conform themselves to the reasonable restrictions that we all have to operate under the law.”
Kenneally called the idea of reducing penalties on the habitual offenders “mind boggling.”
He called Democratic efforts to reduce criminal penalties on multiple time violent offenders “absurd.”
“There seems to be this complete lack of recognition that there are people out there who want to do bad things to other people,” he said. “I’ll concede it’s a small portion of people, but they exist. When they engage in this behavior, it demands a robust response.”
Mayfield did not return a message from The Illinoize. But she said in committee last week she would hold the bill for an amendment. What will be in that amendment isn’t yet clear.
