Full Text of HB5425 93rd General Assembly
HB5425 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5425
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED:
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720 ILCS 5/8-2 |
from Ch. 38, par. 8-2 |
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Amends the Criminal Code of 1961. Makes a technical change to a Section
concerning
conspiracy.
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A BILL FOR
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HB5425 |
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LRB093 17133 RLC 42799 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, | | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing
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| Section 8-2 as follows:
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| (720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
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| Sec. 8-2. Conspiracy.
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| (a) Elements of the offense.
A person commits conspiracy | | 9 |
| when, with intent that an offense be
committed, he agrees with | | 10 |
| another to the commission of that offense. No
person may be | | 11 |
| convicted of conspiracy to commit an offense unless an act in
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| furtherance of such agreement is alleged and proved to have | | 13 |
| been committed
by him or by a co-conspirator.
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| (b) Co-conspirators.
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| It is
shall not be a defense to conspiracy that the person | | 16 |
| or
persons
with
whom the accused is alleged to have conspired:
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| (1) Has not been prosecuted or convicted, or
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| (2) Has been convicted of a different offense, or
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| (3) Is not amenable to justice, or
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| (4) Has been acquitted, or
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| (5) Lacked the capacity to commit an offense.
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| (c) Sentence.
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| A person convicted of conspiracy may be fined or imprisoned | | 24 |
| or both not
to exceed the maximum provided for the offense | | 25 |
| which is the object of the
conspiracy, except that if the | | 26 |
| object is an offense prohibited by Sections
11-15, 11-16, | | 27 |
| 11-17, 11-19, 24-1 (a) (1), 24-1 (a) (7), 28-1, 28-3 and 28-4
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| of the "Criminal Code of 1961", approved July 28, 1961, as | | 29 |
| amended, or
prohibited by Sections 404 or 406 (b) of the | | 30 |
| "Illinois
Controlled Substances Act", enacted by the 77th | | 31 |
| General Assembly, or an
inchoate offense related to any of the | | 32 |
| aforesaid principal offenses, the
person convicted may be |
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HB5425 |
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LRB093 17133 RLC 42799 b |
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| sentenced for a Class 3 felony however, conspiracy
to commit | | 2 |
| treason, first degree murder, or aggravated kidnapping shall
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| not be sentenced
in excess of a Class 2 felony, and conspiracy | | 4 |
| to commit any offense other
than those specified in this | | 5 |
| subsection, and other than those set forth
in Sections 401, | | 6 |
| 402, or 407 of the Illinois Controlled Substances Act,
shall | | 7 |
| not be sentenced in excess of
a Class 4 felony.
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| (Source: P.A. 86-809.)
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