093_HB0568eng

 
HB0568 Engrossed                     LRB093 05566 MBS 05658 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
 5    changing Section 8-2 as follows:

 6        (720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
 7        Sec. 8-2.  Conspiracy.
 8        (a)  Elements of the offense. A person commits conspiracy
 9    when,  with  intent  that  an offense be committed, he agrees
10    with another to the commission of that offense. No person may
11    be convicted of conspiracy to commit an offense unless an act
12    in furtherance of such agreement is  alleged  and  proved  to
13    have been committed by him or by a co-conspirator.
14        (b)  Co-conspirators.
15        It  is  shall  not  be  a  defense to conspiracy that the
16    person or persons with whom the accused is  alleged  to  have
17    conspired:
18        (1)  Has not been prosecuted or convicted, or
19        (2)  Has been convicted of a different offense, or
20        (3)  Is not amenable to justice, or
21        (4)  Has been acquitted, or
22        (5)  Lacked the capacity to commit an offense.
23        (c)  Sentence.
24        A   person  convicted  of  conspiracy  may  be  fined  or
25    imprisoned or both not to exceed the maximum provided for the
26    offense which is the object of the conspiracy, except that if
27    the object is an offense prohibited by Sections 11-15, 11-16,
28    11-17, 11-19, 24-1 (a) (1), 24-1 (a) (7), 28-1, 28-3 and 28-4
29    of the "Criminal Code of 1961", approved July  28,  1961,  as
30    amended,  or  prohibited  by  Sections  404 or 406 (b) of the
31    "Illinois Controlled Substances Act",  enacted  by  the  77th
 
HB0568 Engrossed            -2-      LRB093 05566 MBS 05658 b
 1    General  Assembly,  or  an inchoate offense related to any of
 2    the aforesaid principal offenses, the person convicted may be
 3    sentenced for a Class 3 felony however, conspiracy to  commit
 4    treason,  first degree murder, or aggravated kidnapping shall
 5    not  be  sentenced  in  excess  of  a  Class  2  felony,  and
 6    conspiracy to commit any offense other than  those  specified
 7    in  this  subsection,  and  other  than  those  set  forth in
 8    Sections  401,  402,  or  407  of  the  Illinois   Controlled
 9    Substances Act, shall not be sentenced in excess of a Class 4
10    felony.
11    (Source: P.A. 86-809.)