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.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5894LRB100 22213 SLF 40784 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 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
10to commit a specific offense, he or she does any act that
11constitutes a substantial step toward the commission of that
12offense.
13    (b) Impossibility.
14    It is not a defense to a charge of attempt that because of
15a misapprehension of the circumstances it would have been
16impossible for the accused to commit the offense attempted.
17    (c) Sentence.
18    A person convicted of attempt may be fined or imprisoned or
19both not to exceed the maximum provided for the offense
20attempted but, except for an attempt to commit the offense
21defined 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

 

 

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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

 

 

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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;
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.)