ILCS » Chapter 730 · Act 5

730 ILCS 5/5-5-3

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(730 ILCS 5/5-5-3), when that conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and the charges are separately brought and tried and arise out of different series of acts.
        (1.5) When a defendant is convicted of first degree
    
murder, after having been previously convicted of domestic battery
Notes of Decisions
Cited in 243 cases (30 in the last 5 years), 1993–2026 · leading case: People v. Lee
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People v. Lee (2010) illappct · cites it 9× “Section 5-5-3(a) of the Unified Code (730 ILCS 5/5-5-3(a) (West 2006)) states "every person convicted of an offense shall be sentenced as provided in this [s]ection.”
People v. Ramos (2004) illappct · cites it 4× “In that regard, we find it irrelevant that the circumstances of this offense or any of his previous offenses were nonviolent and non-drug-related. Indeed, section 5-5-3(a)(8) of the Unified Code of Corrections does not require that any offense be violent or drug-related in…”
People v. Douglas (2014) illappct · cites it 9× “Instead, he argues the trial court erred in sentencing him as a Class X offender pursuant to section 5-5-3(c)(8) of the Unified Code of Corrections (Corrections Code) (730 ILCS 5/5-5-3(c)(8) (West 2008)) because he was under 21 when the crime was committed and when he was…”
People v. Pollard (2016) illappct · cites it 3× “4-1 (West 2014)), requiring him to renew his driver's license annually (730 ILCS 5/5-5-3(o) (West 2014)), and precluding him from petitioning for a name change (735 ILCS 5/21- 101 (West 2014)).”
People v. Fretch (2017) illappct · cites it 3× “Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years.”
People v. Stacey (2000) ill · cites it 2× “See 730 ILCS 5/5-5-3(c)(8) (West 1994). A Class X felony carries a statutory sentence of not less than 6 years and not more than 30 years.”
People v. Jernigan (2015) illappct · cites it 6× “” 730 ILCS 5/5-5-3(c)(8) (West 2008). For a Class X felony, the nonextended range was not less than 6 years and not more than 30 years.”
People v. Wallace (2002) illappct · cites it 3× “On appeal, Wallace argues the trial court erred when it: (1) allowed the State to impeach defense witness Michael Hayes with his prior silence, (2) restricted his cross-examination of Officer Creel, (3) denied him a fair trial as a result of prosecutorial comments made during…”
People v. Taylor (2010) ill · cites it 2× “The State noted that, under section 5-5-3(c)(8) of the Unified Code of Corrections (730 ILCS 5/5-5-3(c)(8) (West 2004)), defendant was required to be sentenced as a Class X offender, with a range of 6 to 30 years' imprisonment.”
People v. Palmer (2006) ill · cites it 2× “" 730 ILCS 5/5-5-3 (a) (West 2002). The section further provides that when a defendant is adjudged an habitual criminal under article 33B of the Criminal Code of 1961, the court shall sentence defendant to a term of natural-life imprisonment.”
Illinois v. Keene (1998) illappct · cites it 5× “" 730 ILCS 5/5-5-3(c)(2)(F) (West 1996). When called upon to determine whether the provisions of section 5-5-3(c)(2)(F) applied to prior convictions outside Illinois, this court specifically looked at the provision in section 5-5-3(c)(8), noting its use of the phrase "in…”
Kopf v. Kelly (2024) ill · cites it 3× “(West 2018)), and section 5-5-3(o) of the Unified -3- Code of Corrections (730 ILCS 5/5-5-3(o) (West 2018)), which requires individuals convicted of sex offenses to annually renew their driver’s licenses.”
Show all 243 citing cases →
— 730 ILCS 5/5-5-3(F) — 1 case
People v. Stewart (2024) illappct
— 730 ILCS 5/5-5-3(a) — 4 cases
People v. Lee (2010) illappct “Section 5-5-3(a) of the Unified Code (730 ILCS 5/5-5-3(a) (West 2006)) states "every person convicted of an offense shall be sentenced as provided in this [s]ection.”
People v. Washington (2003) illappct
People v. Fields (2008) illappct
People v. McKinney (2012) illappct
— 730 ILCS 5/5-5-3(a)(8) — 2 cases
People v. Ramos (2004) illappct “In that regard, we find it irrelevant that the circumstances of this offense or any of his previous offenses were nonviolent and non-drug-related. Indeed, section 5-5-3(a)(8) of the Unified Code of Corrections does not require that any offense be violent or drug-related in…”
People v. Ramos (2004) illappct
— 730 ILCS 5/5-5-3(b) — 10 cases
People v. Butler (2004) illappct
Vaca-Tellez, Jose M. v. Mukasey, Michael B. (2008) ca7
People v. Bruer (2002) illappct
People v. Schlabach (2012) illappct
People v. Fox (1998) illappct
— 730 ILCS 5/5-5-3(b)(1) — 5 cases
People v. Williams (1997) ill
People v. Billups (2016) illappct
People v. Bruer (2002) illappct
People v. Graves (2002) illappct
People v. Pettigrew (2020) illappct
— 730 ILCS 5/5-5-3(b)(7) — 1 case
People v. Fox (1998) illappct
— 730 ILCS 5/5-5-3(c) — 1 case
People v. Scarbrough (2015) illappct
— 730 ILCS 5/5-5-3(c)(1) — 1 case
People v. Morgan (2007) illappct
— 730 ILCS 5/5-5-3(c)(2) — 9 cases
People v. Fuller (2002) ill
People v. Fretch (2017) illappct “Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years.”
People v. Bruer (2002) illappct
People v. Tainter (1998) illappct
People v. Fuller (1999) ill
— 730 ILCS 5/5-5-3(c)(2)(B) — 1 case
People v. Lopez (1995) ill
— 730 ILCS 5/5-5-3(c)(2)(C) — 3 cases
People v. Rich (2011) illappct
People v. McKinney (2012) illappct
People v. Rich (2011) illappct
— 730 ILCS 5/5-5-3(c)(2)(D) — 3 cases
People v. Jenkins (1993) illappct
People v. Phillips (2001) illappct
People v. Davis (1993) illappct
— 730 ILCS 5/5-5-3(c)(2)(F) — 19 cases
People v. Bailey (1995) ill
People v. Prather (2022) illappct
People v. Merrick (2012) illappct
Illinois v. Keene (1998) illappct “" 730 ILCS 5/5-5-3(c)(2)(F) (West 1996). When called upon to determine whether the provisions of section 5-5-3(c)(2)(F) applied to prior convictions outside Illinois, this court specifically looked at the provision in section 5-5-3(c)(8), noting its use of the phrase "in…”
People v. King (2023) illappct
— 730 ILCS 5/5-5-3(c)(2)(G) — 1 case
People v. Vasquez (2012) illappct
— 730 ILCS 5/5-5-3(c)(2)(H) — 6 cases
People v. Johnson (2017) illappct
People v. Johnson (2017) illappct
People v. Lloyd (2011) illappct
People v. Guerrero (2011) illappct
People v. Winters (2022) illappct
— 730 ILCS 5/5-5-3(c)(2)(I) — 2 cases
People v. Edmondson (2025) illappct
People v. O'Brien (2021) illappct
— 730 ILCS 5/5-5-3(c)(2)(K) — 2 cases
People v. Reese (2015) illappct
People v. Monroe (2024) illappct
— 730 ILCS 5/5-5-3(c)(2)(N) — 6 cases
People v. Davis (1997) ill
People v. Reed (2023) illappct
People v. Fields (2024) illappct
People v. Fields (2022) illappct
In Re MT (2004) illappct
— 730 ILCS 5/5-5-3(c)(2)(Z) — 2 cases
People v. Bagby (2026) illappct
People v. Bagby (2026) illappct
— 730 ILCS 5/5-5-3(c)(7) — 2 cases
People v. Palmer (2006) ill “" 730 ILCS 5/5-5-3 (a) (West 2002). The section further provides that when a defendant is adjudged an habitual criminal under article 33B of the Criminal Code of 1961, the court shall sentence defendant to a term of natural-life imprisonment.”
Illinois v. Keene (1998) illappct “" 730 ILCS 5/5-5-3(c)(2)(F) (West 1996). When called upon to determine whether the provisions of section 5-5-3(c)(2)(F) applied to prior convictions outside Illinois, this court specifically looked at the provision in section 5-5-3(c)(8), noting its use of the phrase "in…”
— 730 ILCS 5/5-5-3(c)(8) — 112 cases
People v. Lee (2010) illappct “Section 5-5-3(a) of the Unified Code (730 ILCS 5/5-5-3(a) (West 2006)) states "every person convicted of an offense shall be sentenced as provided in this [s]ection.”
People v. Douglas (2014) illappct “Instead, he argues the trial court erred in sentencing him as a Class X offender pursuant to section 5-5-3(c)(8) of the Unified Code of Corrections (Corrections Code) (730 ILCS 5/5-5-3(c)(8) (West 2008)) because he was under 21 when the crime was committed and when he was…”
People v. Ramos (2004) illappct “In that regard, we find it irrelevant that the circumstances of this offense or any of his previous offenses were nonviolent and non-drug-related. Indeed, section 5-5-3(a)(8) of the Unified Code of Corrections does not require that any offense be violent or drug-related in…”
People v. Stacey (2000) ill “See 730 ILCS 5/5-5-3(c)(8) (West 1994). A Class X felony carries a statutory sentence of not less than 6 years and not more than 30 years.”
People v. Jernigan (2015) illappct “” 730 ILCS 5/5-5-3(c)(8) (West 2008). For a Class X felony, the nonextended range was not less than 6 years and not more than 30 years.”
— 730 ILCS 5/5-5-3(cX2)(D) — 1 case
People v. Jenkins (1993) illappct
— 730 ILCS 5/5-5-3(d) — 13 cases
People v. Stephens (2012) illappct
People v. Meyer (1997) ill
People v. Moore (2005) illappct
People v. Stephens (2017) illappct
People v. Stephens (2018) illappct
— 730 ILCS 5/5-5-3(e) — 1 case
People v. Johnson (2025) illappct
— 730 ILCS 5/5-5-3(e)(1)(B) — 1 case
People v. Roberts (2003) illappct
— 730 ILCS 5/5-5-3(g) — 5 cases
The Hope Clinic for Women, Ltd. v. Flores (2013) ill
People v. Hunter (2005) illappct
People v. Smith (2014) illappct
People v. Woodrum (2004) illappct
People v. Woodrum (2004) illappct
— 730 ILCS 5/5-5-3(h) — 1 case
People v. Williams (2013) illappct
— 730 ILCS 5/5-5-3(l) — 1 case
People v. Hamilton (2011) illappct
— 730 ILCS 5/5-5-3(l)(A) — 1 case
People v. Hamilton (2011) illappct
— 730 ILCS 5/5-5-3(l)(C) — 1 case
People v. Hamilton (2011) illappct
— 730 ILCS 5/5-5-3(o) — 21 cases
People v. Pollard (2016) illappct “4-1 (West 2014)), requiring him to renew his driver's license annually (730 ILCS 5/5-5-3(o) (West 2014)), and precluding him from petitioning for a name change (735 ILCS 5/21- 101 (West 2014)).”
Kopf v. Kelly (2024) ill “(West 2018)), and section 5-5-3(o) of the Unified -3- Code of Corrections (730 ILCS 5/5-5-3(o) (West 2018)), which requires individuals convicted of sex offenses to annually renew their driver’s licenses.”
People v. Avila-Briones (2015) illappct
People v. Kochevar (2018) illappct
People v. Jackson (2017) illappct
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