Illinois General Assembly - Full Text of SB1041

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Full Text of SB1041 97th General Assembly

Introduced Engrossed
Senate Amendment 001
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SB1041eng 97TH GENERAL ASSEMBLY

SB1041 Engrossed LRB097 04766 RLC 44805 b

1     AN ACT concerning criminal law.

2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:

4     Section 1. Intent; purpose. After the finding of the
5 Illinois Supreme Court in People v. Hauschild, 226 Ill.2d 63
6 (2007), regarding unconstitutionally disproportionate
7 penalties, the General Assembly passed legislation that became
8 Public Act 95-688. Among other things, Public Act 95-688
9 amended Sections 33A-2 and 33A-3 of the Criminal Code of 1961
10 with the intention of ensuring the validity of the enhanced
11 penalty provisions of Section 18-2 of the Criminal Code of
12 1961. However, in People v. Coleman, 399 Ill.App.3d 1150
13 (2010), the Fourth District Appellate Court found that the
14 enhanced penalty provisions of Section 18-2 of the Criminal
15 Code of 1961 were void ab initio, notwithstanding Public Act
16 95-688. This Act is an explicit reenactment of Section 18-2 of
17 the Criminal Code of 1961.

18     Section 5. Section 18-2 of the Criminal Code of 1961 is
19 reenacted as follows:

20     (720 ILCS 5/18-2)  (from Ch. 38, par. 18-2)
21     Sec. 18-2. Armed robbery.
22     (a) A person commits armed robbery when he or she violates

SB1041 Engrossed - 2 - LRB097 04766 RLC 44805 b

1 Section 18-1; and
2         (1) he or she carries on or about his or her person or
3     is otherwise armed with a dangerous weapon other than a
4     firearm; or
5         (2) he or she carries on or about his or her person or
6     is otherwise armed with a firearm; or
7         (3) he or she, during the commission of the offense,
8     personally discharges a firearm; or
9         (4) he or she, during the commission of the offense,
10     personally discharges a firearm that proximately causes
11     great bodily harm, permanent disability, permanent
12     disfigurement, or death to another person.
13     (b) Sentence.
14     Armed robbery in violation of subsection (a)(1) is a Class
15 X felony. A violation of subsection (a)(2) is a Class X felony
16 for which 15 years shall be added to the term of imprisonment
17 imposed by the court. A violation of subsection (a)(3) is a
18 Class X felony for which 20 years shall be added to the term of
19 imprisonment imposed by the court. A violation of subsection
20 (a)(4) is a Class X felony for which 25 years or up to a term of
21 natural life shall be added to the term of imprisonment imposed
22 by the court.
23 (Source: P.A. 91-404, eff. 1-1-00.)

24     Section 99. Effective date. This Act takes effect upon
25 becoming law.

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