95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0043


 
Introduced 1/19/2007, by Rep. Timothy L. Schmitz
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/5-2.1 new










    Amends the Criminal Code of 1961.  Provides that accountability principles apply when a statute defining an offense or the term of imprisonment for an offense creates an increased penalty if the defendant was armed with a specific type of weapon.  Provides that accountability principles do not apply when a statute defining an offense or the term of imprisonment creates an increased penalty if the defendant personally discharged a firearm or personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent  disfigurement, or death to another person.  Provides that being armed with a firearm is a lesser included finding of personally discharging a firearm; and both are lesser included findings of personally discharging a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person.
















LRB095 03675 RLC 23702 b

















 


 


A BILL FOR









 











HB0043

LRB095 03675 RLC 23702 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 1961 is amended  by adding 
5
Section 5-2.1 as follows:
 
6
    (720 ILCS 5/5-2.1  new)
7
    Sec. 5-2.1. Accountability principles on enhanced 
8
sentences; lesser included findings.
9
    (a) Accountability principles apply when a statute 
10
defining an offense or the term of imprisonment for an offense 
11
creates an increased penalty if the defendant was armed with a 
12
specific type of weapon.
13
    (b) Accountability principles do not apply when a statute 
14
defining an offense or the term of imprisonment creates an 
15
increased penalty if the defendant personally discharged a 
16
firearm or personally discharged a firearm that proximately 
17
caused great bodily harm, permanent disability, permanent  
18
disfigurement, or death to another person.

19
    (c) Being armed with a firearm is a lesser included finding 
20
of personally discharging a firearm; and both are lesser 
21
included findings of personally discharging a firearm that 
22
proximately caused great bodily harm, permanent disability, 
23
permanent disfigurement, or death to another person.