HB4790ham001 93RD GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 03/04/04

09300HB4790ham001 LRB093 18814 RLC 48476 a

AMENDMENT TO HOUSE BILL 4790

AMENDMENT NO. ______. Amend House Bill 4790 by replacing everything after the enacting clause with the following:

"Section 5. The Unified Code of Corrections is amended by changing Section 5-8-2 as follows:

(730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)

Sec. 5-8-2. Extended Term.

(a) A judge shall not sentence an offender to a term of imprisonment in excess of the maximum sentence authorized by Section 5-8-1 for the class of the most serious offense of which the offender was convicted unless the factors in aggravation set forth in paragraph (b) of Section 5-5-3.2 or clause (a)(1)(b) of Section 5-8-1 were found to be present. If the pre-trial and trial proceedings were conducted in compliance with subsection (c-5) of Section 111-3 of the Code of Criminal Procedure of 1963, the judge may sentence an offender to the following:

(1) for first degree murder, a term shall be not less than 60 years and not more than 100 years;

(2) for a Class X felony, a term shall be not less than 30 years and not more than 60 years;

(3) for a Class 1 felony, a term shall be not less than 15 years and not more than 30 years;

(4) for a Class 2 felony, a term shall be not less than 7 years and not more than 14 years;

(5) for a Class 3 felony, a term shall not be less than 5 years and not more than 10 years;

(6) for a Class 4 felony, a term shall be not less than 3 years and not more than 6 years.

(b) If the conviction was by plea, it shall appear on the record that the plea was entered with the defendant's knowledge that a sentence under this Section was a possibility. If it does not so appear on the record, the defendant shall not be subject to such a sentence unless he is first given an opportunity to withdraw his plea without prejudice.

(Source: P.A. 91-953, eff. 2-23-01; 92-591, eff. 6-27-02.)".