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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5894 Introduced , by Rep. Barbara Wheeler SYNOPSIS AS INTRODUCED:
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720 ILCS 5/8-4 | from Ch. 38, par. 8-4 |
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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.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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| | HB5894 | | LRB100 22213 SLF 40784 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Section 8-4 as follows:
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| 6 | | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
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| 7 | | Sec. 8-4. Attempt.
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| 8 | | (a) Elements of the offense.
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| 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.
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| 13 | | (b) Impossibility.
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| 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.
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| 17 | | (c) Sentence.
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| 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:
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| 22 | | (1) the sentence for attempt to commit first degree |
| 23 | | murder is the
sentence for a Class X felony, except that
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| | HB5894 | - 2 - | LRB100 22213 SLF 40784 b |
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| 1 | | (A) an attempt to commit first
degree murder when |
| 2 | | at least one of the aggravating factors specified in
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| 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;
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| 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;
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| 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;
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| 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
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| 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
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| 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 |
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| | HB5894 | - 3 - | LRB100 22213 SLF 40784 b |
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| 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;
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| 6 | | (2) the sentence for attempt to commit a Class X felony |
| 7 | | is the sentence
for a Class 1 felony;
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| 8 | | (3) the sentence for attempt to commit a Class 1 felony |
| 9 | | is the sentence
for a Class 2 felony;
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| 10 | | (4) the sentence for attempt to commit a Class 2 felony |
| 11 | | is the sentence
for a Class 3 felony; and
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| 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; .
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| 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.)
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