|
|
Public Act 094-0184
|
| HB0923 Enrolled |
LRB094 05103 RLC 38283 b |
|
|
AN ACT concerning criminal law.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Criminal Code of 1961 is amended by changing |
Section 8-2 as follows:
|
(720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
|
Sec. 8-2. Conspiracy. (a) Elements of the offense.
A person |
commits conspiracy when, with intent that an offense be
|
committed, he agrees with another to the commission of that |
offense. No
person may be convicted of conspiracy to commit an |
offense unless an act in
furtherance of such agreement is |
alleged and proved to have been committed
by him or by a |
co-conspirator.
|
(b) Co-conspirators.
|
It shall not be a defense to conspiracy that the person or |
persons with
whom the accused is alleged to have conspired:
|
(1) Has not been prosecuted or convicted, or
|
(2) Has been convicted of a different offense, or
|
(3) Is not amenable to justice, or
|
(4) Has been acquitted, or
|
(5) Lacked the capacity to commit an offense.
|
(c) Sentence.
|
A person convicted of conspiracy may be fined or imprisoned |
or both not
to exceed the maximum provided for the offense |
which is the object of the
conspiracy, except that if the |
object is an offense prohibited by Sections
11-15, 11-16, |
11-17, 11-19, 24-1 (a) (1), 24-1 (a) (7), 28-1, 28-3 and 28-4
|
of the "Criminal Code of 1961", approved July 28, 1961, as |
amended, or
prohibited by Sections 404 or 406 (b) of the |
"Illinois
Controlled Substances Act", enacted by the 77th |
General Assembly, or an
inchoate offense related to any of the |
aforesaid principal offenses, the
person convicted may be |