The exercise of that discretion removes sentencing power from the judge, who is required by the statute to impose a sentence of natural life. However, criminal sentencing has been held to be a purely judicial function. The law provides for mandatory life sentences for defendants convicted three or more times of forcible felonies. Each felony conviction must have arisen from a separate transaction, and the second and third offenses must each have been committed after a prior forcible felony conviction. The Illinois Constitution provides for the separation of the legislative, executive, and judicial branches of the government. In various decisions focusing on whether an exercise of executive power infringes on the judicial sentencing function, the Illinois Supreme Court has considered two factors to be of vital importance: the time when the power was exercised and the effect which the exercise of such power has on the sentence ultimately imposed on a convicted defendant. Analysis of the Habitual Offender Act using either or both of these two factors makes it clear that the law violates the separation of powers clause in the Illinois Constitution. The statute gives the prosecutor direct and absolute control over the judicial function of criminal sentencing. Since Illinois courts will undoubtedly eventually strike down the section of the law which violates the constitution, the Illinois legislature should amend the law. The amendments should change the time when the decision to invoke the statute is made and should leave some sentencing discretion with the court. Footnotes are provided. (Author summary modified)