Judiciary II - Criminal Law Committee
Filed: 03/04/04
 
 

 




 

 		












09300HB4790ham001

LRB093 18814 RLC 48476 a






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AMENDMENT TO HOUSE BILL 4790 




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

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



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



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    Sec. 5-8-2. Extended Term. 

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


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


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


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


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        (4) for a Class 2 felony, a term shall be not less than 
 


 






09300HB4790ham001
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LRB093 18814 RLC 48476 a




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7 years and
not more than 14 years;


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


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

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    (b) If the conviction was by plea, it shall appear on the

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record that the plea was entered with the defendant's knowledge

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that a sentence under this Section was a possibility. If it

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does not so appear on the record, the defendant shall not be

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subject to such a sentence unless he is first given an

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opportunity to withdraw his plea without prejudice.

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