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(a) The district attorney, in the district attorneys discretion, may charge a Person as a <br />status offender Pursuant to this Article. To sustain a conviction of a Person as a status offender, <br />the Person must be charged separately for the Principal firearm- related felony and for the status <br />offense of armed habitual felon. The indictment charging the defendant as a status offender <br />shall be separate from the indictment charging the person with the principal firearm- related <br />felony. <br />An indictment that charges a person with being a status offender must set forth all of <br />the following information regarding the prior firearm- related felony_ <br />The date the offense was committed. <br />The name of the state or other sovereign against whom the offense was <br />committed. <br />The dates that the plea of guilty was entered into or conviction returned in <br />the offense. <br />The identity of the court in which the plea or conviction took place. <br />(c) No defendant charged with being a status offender in a bill of indictment shall be <br />required to go to trial on the charge within 20 days of the finding of a true bill by the grand <br />jury_provided, the defendant may waive this 20- day_period. <br />" 14 -7.39. Evidence of prior convictions of firearm- related felonies. <br />In all cases in which a person is charged under the provisions of this Article with being a <br />status offender, the record of prior conviction of the firearm - related felony shall be admissible <br />in evidence, but only for the purpose of proving that the person has been convicted of a former <br />firearm- related felony. A prior conviction may be proved by stipulation of the parties or by the <br />orijzinal or a certified copy of the court record of the prior conviction. The original or certified <br />copy of the court record, bearing the same name as that by which the defendant is charged, <br />shall be Prima facie evidence that the defendant named therein is the same as the defendant <br />before the court and shall be prima facie evidence of the facts set out therein. <br />" 14 -7.40. Verdict and judgment. <br />(a) When an indictment charges a person with a firearm- related felony as provided by <br />this Article and an indictment also charges that the person is a status offender, the defendant <br />shall be tried for the principal firearm- related felony as provided by law. The indictment that <br />the person is a status offender shall not be revealed to the jury unless the jury shall find that the <br />defendant is guilty of the principal firearm- related felony with which the defendant is charged. <br />If the jury finds the defendant guilty of the principal firearm- related felony, and it is <br />found as provided in this section that (i) the person committed the felony y using, displaying, _ <br />or threatening the use or display of a firearm or deadly weapon and (ii) the person actually <br />possessed the firearm or deadly we4pon about his or her person, the bill of indictment charging <br />the defendant as a status offender may be presented to the same jury. Except that the same jury <br />may be used, the proceedings shall be as if the issue of status offender were a principal charge. <br />(c) If the jury finds that the defendant is a status offender, the trial judge shall enter <br />judgment according � provisions of this Article. If the jury finds that the defendant is not a <br />status offender, the trial judge shall pronounce judgment on the principal firearm- related felony <br />offense as provided by law. <br />114-7.41. Sentencing of armed habitual felon. <br />A person who is convicted of a firearm- related felony and is also convicted of the <br />status offense must, upon conviction or plea of guilty under indictment as provided in this <br />Article, be sentenced as a Class C felon (except where the felon has been sentenced as a Class <br />A, B1, or B2 felon). However, in no case shall the person receive a minimum term of <br />imprisonment of less than 120 months. The court may not suspend the sentence and may not <br />place the person sentenced on probation. <br />In determining the prior record level, any conviction used to establish a person's <br />status as an armed habitual felon shall not be used. Sentences imposed under this Article shall <br />Attachment number 3 <br />Page 16 Session Law 2013 -369 House Bill 937- Ratified <br />G -2 Page 131 <br />