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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6882
Introduced 02/09/04, by John J. Millner SYNOPSIS AS INTRODUCED:
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730 ILCS 5/5-8-2 |
from Ch. 38, par. 1005-8-2 |
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Amends the Unified Code of Corrections. Provides that the court may sentence an offender to an extended term sentence for first degree murder if the trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or that any of the aggravating factors listed in first degree murder statute were found to be present.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6882 |
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LRB093 18439 RLC 44148 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,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by |
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| changing Section 5-8-2 as follows:
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| (730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
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| Sec. 5-8-2. Extended Term.
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| (a) A judge shall not sentence an
offender to a term of |
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| imprisonment in excess of the maximum
sentence authorized by |
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| Section 5-8-1 for the class of the most
serious offense of |
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| which the offender was convicted unless the
factors in |
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| aggravation set forth in paragraph (b) of Section
5-5-3.2 or |
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| clause (a)(1)(b) of Section 5-8-1 were found to be present.
If |
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| the pre-trial and trial proceedings were
conducted in |
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| compliance with subsection (c-5) of Section 111-3 of the Code |
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| of
Criminal Procedure of 1963, the judge may sentence an |
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| offender to the
following:
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| (1) for first degree murder, a term shall be not less |
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| than 60 years and
not more than 100 years;
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| (2) for a Class X felony, a term shall be not less than |
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| 30
years and not more than 60 years;
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| (3) for a Class 1 felony, a term shall be not less than |
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| 15
years and not more than 30 years;
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| (4) for a Class 2 felony, a term shall be not less than |
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| 7 years and
not more than 14 years;
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| (5) for a Class 3 felony, a term shall not be less than |
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| 5
years and not more than 10 years;
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| (6) for a Class 4 felony, a term shall be not less than |
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| 3 years and
not more than 6 years.
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| (b) If the conviction was by plea, it shall appear on the
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| record that the plea was entered with the defendant's knowledge
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| that a sentence under this Section was a possibility. If it
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