Full Text of SB2856 94th General Assembly
SB2856 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2856
Introduced 1/20/2006, by Sen. Jeffrey M. Schoenberg 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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SB2856 |
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LRB094 17911 RLC 53214 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, | | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | | 5 |
| 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. | | 8 |
| (a) Elements of the
the offense.
A person commits | | 9 |
| conspiracy when, with intent that an offense be
committed, he | | 10 |
| agrees with another to the commission of that offense. No
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| person may be convicted of conspiracy to commit an offense | | 12 |
| unless an act in
furtherance of such agreement is alleged and | | 13 |
| proved to have been committed
by him or by a co-conspirator. | | 14 |
| (b) Co-conspirators.
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| It shall not be a defense to conspiracy that the person or | | 16 |
| 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 | | 24 |
| or both not
to exceed the maximum provided for the offense | | 25 |
| which is the object of the
conspiracy, except that if the | | 26 |
| object is an offense prohibited by Sections
11-15, 11-16, | | 27 |
| 11-17, 11-19, 24-1(a)(1), 24-1(a)(7), 28-1, 28-3 and 28-4
of | | 28 |
| the "Criminal Code of 1961", approved July 28, 1961, as | | 29 |
| amended, or
prohibited by Sections 404 or 406 (b) of the | | 30 |
| "Illinois
Controlled Substances Act", enacted by the 77th | | 31 |
| General Assembly, or an
inchoate offense related to any of the | | 32 |
| aforesaid principal offenses, the
person convicted may be |
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SB2856 |
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LRB094 17911 RLC 53214 b |
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| sentenced for a Class 3 felony however, conspiracy
to commit | | 2 |
| treason, first degree murder, aggravated kidnapping, | | 3 |
| aggravated criminal sexual assault, or predatory criminal | | 4 |
| sexual assault of a child is a Class 1 felony, and conspiracy | | 5 |
| to commit any offense other
than those specified in this | | 6 |
| subsection, and other than those set forth
in Sections 401, | | 7 |
| 402, or 407 of the Illinois Controlled Substances Act,
shall | | 8 |
| 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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