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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1975
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - Constance A. Howard SYNOPSIS AS INTRODUCED:
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720 ILCS 5/8-2 |
from Ch. 38, par. 8-2 |
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Amends the Criminal Code of 1961. Makes a technical change in a Section
concerning
conspiracy.
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A BILL FOR
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HB1975 |
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LRB096 05334 RLC 15400 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 8-2 as follows:
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| (720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
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| Sec. 8-2. Conspiracy. |
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| (a) Elements of the
the offense.
A person commits |
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| conspiracy when, with intent that an offense be
committed, he |
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| agrees with another to the commission of that offense. No
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| person may be convicted of conspiracy to commit an offense |
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| unless an act in
furtherance of such agreement is alleged and |
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| proved to have been committed
by him or by a co-conspirator. |
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| (b) Co-conspirators.
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| It shall not be a defense to conspiracy that the person or |
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| persons with
whom the accused is alleged to have conspired:
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| (1) Has not been prosecuted or convicted, or
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| (2) Has been convicted of a different offense, or
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| (3) Is not amenable to justice, or
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| (4) Has been acquitted, or
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| (5) Lacked the capacity to commit an offense.
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| (c) Sentence.
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| A person convicted of conspiracy may be fined or imprisoned |
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HB1975 |
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LRB096 05334 RLC 15400 b |
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| or both not
to exceed the maximum provided for the offense |
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| which is the object of the
conspiracy, except that if the |
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| object is an offense prohibited by Sections
11-15, 11-16, |
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| 11-17, 11-19, 24-1(a)(1), 24-1(a)(7), 28-1, 28-3 and 28-4
of |
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| the "Criminal Code of 1961", approved July 28, 1961, as |
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| amended, or
prohibited by Sections 404 or 406 (b) of the |
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| "Illinois
Controlled Substances Act", enacted by the 77th |
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| General Assembly, or an
inchoate offense related to any of the |
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| aforesaid principal offenses, the
person convicted may be |
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| sentenced for a Class 3 felony however, conspiracy
to commit |
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| treason, first degree murder, aggravated kidnapping, |
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| aggravated criminal sexual assault, or predatory criminal |
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| sexual assault of a child is a Class 1 felony, and conspiracy |
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| to commit any offense other
than those specified in this |
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| subsection, and other than those set forth
in Sections 401, |
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| 402, or 407 of the Illinois Controlled Substances Act,
shall |
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| not be sentenced in excess of
a Class 4 felony.
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| (Source: P.A. 94-184, eff. 7-12-05.)
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