Full Text of HB5894 100th General Assembly
HB5894 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5894 Introduced , by Rep. Barbara Wheeler SYNOPSIS AS INTRODUCED: |
|
720 ILCS 5/8-4 | from Ch. 38, par. 8-4 |
|
Amends the Criminal Code of 2012 concerning attempt. Adds that the sentence for attempt to commit a Class A misdemeanor is the sentence for a Class B misdemeanor, the sentence for attempt to commit a Class B misdemeanor is the sentence for a Class C misdemeanor, and the sentence for attempt to commit a Class C misdemeanor is a Class C misdemeanor.
|
| |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB5894 | | LRB100 22213 SLF 40784 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 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 8-4 as follows:
| 6 | | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
| 7 | | Sec. 8-4. Attempt.
| 8 | | (a) Elements of the offense.
| 9 | | A person commits the offense of attempt when, with intent | 10 | | to commit a specific
offense, he or she does any act that | 11 | | constitutes a substantial step toward the
commission of that | 12 | | offense.
| 13 | | (b) Impossibility.
| 14 | | It is not a defense to a charge of attempt that because of | 15 | | a
misapprehension of the circumstances it would have been | 16 | | impossible for
the accused to commit the offense attempted.
| 17 | | (c) Sentence.
| 18 | | A person convicted of attempt may be fined or imprisoned or | 19 | | both
not to exceed the maximum provided for the offense | 20 | | attempted but, except
for an attempt to commit the offense | 21 | | defined in Section 33A-2 of this Code:
| 22 | | (1) the sentence for attempt to commit first degree | 23 | | murder is the
sentence for a Class X felony, except that
|
| | | HB5894 | - 2 - | LRB100 22213 SLF 40784 b |
|
| 1 | | (A) an attempt to commit first
degree murder when | 2 | | at least one of the aggravating factors specified in
| 3 | | paragraphs (1), (2), and (12) of subsection (b) of | 4 | | Section 9-1 is present is
a Class X felony for which | 5 | | the sentence shall be a term of imprisonment of
not | 6 | | less than 20 years and not more than 80 years;
| 7 | | (B) an attempt to commit first degree murder while | 8 | | armed with a
firearm is a Class X felony for which 15 | 9 | | years shall be added to the term of
imprisonment | 10 | | imposed by the court;
| 11 | | (C) an attempt to commit first degree murder during | 12 | | which the person
personally discharged a firearm is a | 13 | | Class X felony for which 20 years
shall be added to the | 14 | | term of imprisonment imposed by the court;
| 15 | | (D) an attempt to commit first degree murder during | 16 | | which the person
personally discharged a firearm that | 17 | | proximately caused great bodily harm,
permanent | 18 | | disability, permanent disfigurement, or death to
| 19 | | another person is a Class X felony for which 25 years | 20 | | or up to a term of
natural life shall be added to the | 21 | | term of imprisonment imposed by the court; and
| 22 | | (E) if the defendant proves by a preponderance of | 23 | | the evidence at sentencing that, at the time of the | 24 | | attempted murder, he or she was acting under a sudden | 25 | | and intense passion resulting from serious provocation | 26 | | by the individual whom the defendant endeavored to |
| | | HB5894 | - 3 - | LRB100 22213 SLF 40784 b |
|
| 1 | | kill, or another, and, had the individual the defendant | 2 | | endeavored to kill died, the defendant would have | 3 | | negligently or accidentally caused that death, then | 4 | | the sentence for the attempted murder is the sentence | 5 | | for a Class 1 felony;
| 6 | | (2) the sentence for attempt to commit a Class X felony | 7 | | is the sentence
for a Class 1 felony;
| 8 | | (3) the sentence for attempt to commit a Class 1 felony | 9 | | is the sentence
for a Class 2 felony;
| 10 | | (4) the sentence for attempt to commit a Class 2 felony | 11 | | is the sentence
for a Class 3 felony; and
| 12 | | (5) the sentence for attempt to commit any felony other | 13 | | than those
specified in items (1), (2), (3), and (4) of | 14 | | this subsection (c) is
the sentence for a Class A | 15 | | misdemeanor ; .
| 16 | | (6) the sentence for attempt to commit a Class A | 17 | | misdemeanor is the sentence for a Class B misdemeanor; | 18 | | (7) the sentence for attempt to commit a Class B | 19 | | misdemeanor is the sentence for a Class C misdemeanor; and | 20 | | (8) the sentence for attempt to commit a Class C | 21 | | misdemeanor is a Class C misdemeanor. | 22 | | (Source: P.A. 96-710, eff. 1-1-10.)
|
|