Judiciary II - Criminal Law Committee

Filed: 03/04/04

 

 


 

 


 
09300HB4790ham001 LRB093 18814 RLC 48476 a

1
AMENDMENT TO HOUSE BILL 4790

2     AMENDMENT NO. ______. Amend House Bill 4790 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Unified Code of Corrections is amended by
5 changing Section 5-8-2 as follows:
 
6     (730 ILCS 5/5-8-2)  (from Ch. 38, par. 1005-8-2)
7     Sec. 5-8-2. Extended Term.
8     (a) A judge shall not sentence an offender to a term of
9 imprisonment in excess of the maximum sentence authorized by
10 Section 5-8-1 for the class of the most serious offense of
11 which the offender was convicted unless the factors in
12 aggravation set forth in paragraph (b) of Section 5-5-3.2 or
13 clause (a)(1)(b) of Section 5-8-1 were found to be present. If
14 the pre-trial and trial proceedings were conducted in
15 compliance with subsection (c-5) of Section 111-3 of the Code
16 of Criminal Procedure of 1963, the judge may sentence an
17 offender to the following:
18         (1) for first degree murder, a term shall be not less
19 than 60 years and not more than 100 years;
20         (2) for a Class X felony, a term shall be not less than
21 30 years and not more than 60 years;
22         (3) for a Class 1 felony, a term shall be not less than
23 15 years and not more than 30 years;
24         (4) for a Class 2 felony, a term shall be not less than

 

 

09300HB4790ham001 - 2 - LRB093 18814 RLC 48476 a

1 7 years and not more than 14 years;
2         (5) for a Class 3 felony, a term shall not be less than
3 5 years and not more than 10 years;
4         (6) for a Class 4 felony, a term shall be not less than
5 3 years and not more than 6 years.
6     (b) If the conviction was by plea, it shall appear on the
7 record that the plea was entered with the defendant's knowledge
8 that a sentence under this Section was a possibility. If it
9 does not so appear on the record, the defendant shall not be
10 subject to such a sentence unless he is first given an
11 opportunity to withdraw his plea without prejudice.
12 (Source: P.A. 91-953, eff. 2-23-01; 92-591, eff. 6-27-02.)".