HB3882 Engrossed LRB093 13560 RLC 18918 b

1     AN ACT in relation to criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 2-8 and by adding Sections 20-1.4 and 20-1.5 as
6 follows:
 
7     (720 ILCS 5/2-8)  (from Ch. 38, par. 2-8)
8     Sec. 2-8. "Forcible felony". "Forcible felony" means
9 treason, first degree murder, second degree murder, predatory
10 criminal sexual assault of a child, aggravated criminal sexual
11 assault, criminal sexual assault, robbery, burglary,
12 residential burglary, aggravated arson, arson, controlled
13 substance manufacturing arson, aggravated controlled substance
14 manufacturing arson, aggravated kidnaping, kidnaping,
15 aggravated battery resulting in great bodily harm or permanent
16 disability or disfigurement and any other felony which involves
17 the use or threat of physical force or violence against any
18 individual.
19 (Source: P.A. 88-277; 89-428, eff. 12-13-95; 89-462, eff.
20 5-29-96.)
 
21     (720 ILCS 5/20-1.4 new)
22     Sec. 20-1.4. Controlled substance manufacturing arson.
23     (a) A person commits the offense of controlled substance
24 manufacturing arson when he or she knowingly manufactures or
25 attempts to manufacture a substance in violation of the
26 Illinois Controlled Substances Act and that act is a
27 contributing cause of damage to any property of another by fire
28 or explosion.
29     (b) Sentence. Controlled substance manufacturing arson is
30 a Class 1 felony.
 

 

 

HB3882 Engrossed - 2 - LRB093 13560 RLC 18918 b

1     (720 ILCS 5/20-1.5 new)
2     Sec. 20-1.5. Aggravated controlled substance manufacturing
3 arson.
4     (a) A person commits the offense of aggravated controlled
5 substance manufacturing arson when he or she knowingly
6 manufactures or attempts to manufacture a substance in
7 violation of the Illinois Controlled Substances Act and that
8 act is a contributing cause of damage to any building or
9 structure and:
10         (1) he or she knows or reasonably should know that one
11 or more persons are present in the building or structure;
12 or
13         (2) any person suffers bodily harm; or
14         (3) the building or structure is the dwelling place of
15 another.
16     (b) Sentence. Aggravated controlled substance
17 manufacturing arson is a Class X felony for which the defendant
18 shall be sentenced to a term of imprisonment of not less than
19 15 years and not more than 50 years.