HB3882ham001 93RD GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 02/20/04

09300HB3882ham001 LRB093 13560 RLC 47735 a

AMENDMENT TO HOUSE BILL 3882

AMENDMENT NO. ______. Amend House Bill 3882 by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 1961 is amended by changing Section 2-8 and by adding Sections 20-1.4 and 20-1.5 as follows:

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

Sec. 2-8. "Forcible felony". "Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, controlled substance manufacturing arson, aggravated controlled substance manufacturing arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.

(Source: P.A. 88-277; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)

(720 ILCS 5/20-1.4 new)

Sec. 20-1.4. Controlled substance manufacturing arson.

(a) A person commits the offense of controlled substance manufacturing arson when he or she knowingly manufactures or attempts to manufacture a substance in violation of the Illinois Controlled Substances Act and that act is a contributing cause of damage to any property of another by fire or explosion.

(b) Sentence. Controlled substance manufacturing arson is a Class 1 felony.

(720 ILCS 5/20-1.5 new)

Sec. 20-1.5. Aggravated controlled substance manufacturing arson.

(a) A person commits the offense of aggravated controlled substance manufacturing arson when he or she knowingly manufactures or attempts to manufacture a substance in violation of the Illinois Controlled Substances Act and that act is a contributing cause of damage to any building or structure and:

(1) he or she knows or reasonably should know that one or more persons are present in the building or structure; or

(2) any person suffers bodily harm; or

(3) the building or structure is the dwelling place of another.

(b) Sentence. Aggravated controlled substance manufacturing arson is a Class X felony for which the defendant shall be sentenced to a term of imprisonment of not less than 15 years and not more than 50 years.".