SB1041sam001 97TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 4/11/2011

09700SB1041sam001 LRB097 04766 RLC 54392 a

AMENDMENT TO SENATE BILL 1041

AMENDMENT NO. ______. Amend Senate Bill 1041 by replacing everything after the enacting clause with the following:

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

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

(720 ILCS 5/18-2) (from Ch. 38, par. 18-2)

Sec. 18-2. Armed robbery.

(a) A person commits armed robbery when he or she violates Section 18-1; and

(1) he or she carries on or about his or her person or is otherwise armed with a dangerous weapon other than a firearm; or

(2) he or she carries on or about his or her person or is otherwise armed with a firearm; or

(3) he or she, during the commission of the offense, personally discharges a firearm; or

(4) he or she, during the commission of the offense, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.

(b) Sentence.

Armed robbery in violation of subsection (a)(1) is a Class X felony. A violation of subsection (a)(2) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(3) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(4) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.

(Source: P.A. 91-404, eff. 1-1-00.)

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