Full Text of HB4673 103rd General Assembly
HB4673 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4673 Introduced 2/6/2024, by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/8-4 | from Ch. 38, par. 8-4 |
| Amends the Criminal Code of 2012. Provides that an attempt to commit first degree murder when at least one of specified aggravating factors is present is a Class X felony for which the sentence shall be a term of imprisonment of not less than 40 years and up to a term of natural life (rather than not less than 20 years and not more than 80 years). |
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| | A BILL FOR |
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| 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 2012 is amended by | 5 | | changing Section 8-4 as follows: | 6 | | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4) | 7 | | (Text of Section before amendment by P.A. 103-51 ) | 8 | | Sec. 8-4. Attempt. | 9 | | (a) Elements of the offense. | 10 | | A person commits the offense of attempt when, with intent | 11 | | to commit a specific offense, he or she does any act that | 12 | | constitutes a substantial step toward the commission of that | 13 | | offense. | 14 | | (b) Impossibility. | 15 | | It is not a defense to a charge of attempt that because of | 16 | | a misapprehension of the circumstances it would have been | 17 | | impossible for the accused to commit the offense attempted. | 18 | | (c) Sentence. | 19 | | A person convicted of attempt may be fined or imprisoned | 20 | | or both not to exceed the maximum provided for the offense | 21 | | attempted but, except for an attempt to commit the offense | 22 | | defined in Section 33A-2 of this Code: | 23 | | (1) the sentence for attempt to commit first degree |
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| 1 | | murder is the sentence for a Class X felony, except that | 2 | | (A) an attempt to commit first degree murder when | 3 | | at least one of the aggravating factors specified in | 4 | | paragraphs (1), (2), and (12) of subsection (b) of | 5 | | Section 9-1 is present is a Class X felony for which | 6 | | the sentence shall be a term of imprisonment of not | 7 | | less than 20 years and not more than 80 years; | 8 | | (B) an attempt to commit first degree murder while | 9 | | armed with a firearm is a Class X felony for which 15 | 10 | | years shall be added to the term of imprisonment | 11 | | imposed by the court; | 12 | | (C) an attempt to commit first degree murder | 13 | | during which the person personally discharged a | 14 | | firearm is a Class X felony for which 20 years shall be | 15 | | added to the term of imprisonment imposed by the | 16 | | court; | 17 | | (D) an attempt to commit first degree murder | 18 | | during which the person personally discharged a | 19 | | firearm that proximately caused great bodily harm, | 20 | | permanent disability, permanent disfigurement, or | 21 | | death to another person is a Class X felony for which | 22 | | 25 years or up to a term of natural life shall be added | 23 | | to the term of imprisonment imposed by the court; and | 24 | | (E) if the defendant proves by a preponderance of | 25 | | the evidence at sentencing that, at the time of the | 26 | | attempted murder, he or she was acting under a sudden |
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| 1 | | and intense passion resulting from serious provocation | 2 | | by the individual whom the defendant endeavored to | 3 | | kill, or another, and, had the individual the | 4 | | defendant endeavored to kill died, the defendant would | 5 | | have negligently or accidentally caused that death, | 6 | | then the sentence for the attempted murder is the | 7 | | sentence for a Class 1 felony; | 8 | | (2) the sentence for attempt to commit a Class X | 9 | | felony is the sentence for a Class 1 felony; | 10 | | (3) the sentence for attempt to commit a Class 1 | 11 | | felony is the sentence for a Class 2 felony; | 12 | | (4) the sentence for attempt to commit a Class 2 | 13 | | felony is the sentence for a Class 3 felony; and | 14 | | (5) the sentence for attempt to commit any felony | 15 | | other than those specified in items (1), (2), (3), and (4) | 16 | | of this subsection (c) is the sentence for a Class A | 17 | | misdemeanor. | 18 | | (Source: P.A. 96-710, eff. 1-1-10.) | 19 | | (Text of Section after amendment by P.A. 103-51 ) | 20 | | Sec. 8-4. Attempt. | 21 | | (a) Elements of the offense. | 22 | | A person commits the offense of attempt when, with intent | 23 | | to commit a specific offense, he or she does any act that | 24 | | constitutes a substantial step toward the commission of that | 25 | | offense. |
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| 1 | | (b) Impossibility. | 2 | | It is not a defense to a charge of attempt that because of | 3 | | a misapprehension of the circumstances it would have been | 4 | | impossible for the accused to commit the offense attempted. | 5 | | (c) Sentence. | 6 | | A person convicted of attempt may be fined or imprisoned | 7 | | or both not to exceed the maximum provided for the offense | 8 | | attempted but, except for an attempt to commit the offense | 9 | | defined in Section 33A-2 of this Code: | 10 | | (1) the sentence for attempt to commit first degree | 11 | | murder is the sentence for a Class X felony, except that | 12 | | (A) an attempt to commit first degree murder when | 13 | | at least one of the aggravating factors specified in | 14 | | clauses (iii), (iv), and (v) of subsection (a)(1)(c) | 15 | | of Section 5-8-1 of the Unified Code of Corrections is | 16 | | present is a Class X felony for which the sentence | 17 | | shall be a term of imprisonment of not less than 40 20 | 18 | | years and up to a term of natural life not more than 80 | 19 | | years ; | 20 | | (B) an attempt to commit first degree murder while | 21 | | armed with a firearm is a Class X felony for which 15 | 22 | | years shall be added to the term of imprisonment | 23 | | imposed by the court; | 24 | | (C) an attempt to commit first degree murder | 25 | | during which the person personally discharged a | 26 | | firearm is a Class X felony for which 20 years shall be |
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| 1 | | added to the term of imprisonment imposed by the | 2 | | court; | 3 | | (D) an attempt to commit first degree murder | 4 | | during which the person personally discharged a | 5 | | firearm that proximately caused great bodily harm, | 6 | | permanent disability, permanent disfigurement, or | 7 | | death to another person is a Class X felony for which | 8 | | 25 years or up to a term of natural life shall be added | 9 | | to the term of imprisonment imposed by the court; and | 10 | | (E) if the defendant proves by a preponderance of | 11 | | the evidence at sentencing that, at the time of the | 12 | | attempted murder, he or she was acting under a sudden | 13 | | and intense passion resulting from serious provocation | 14 | | by the individual whom the defendant endeavored to | 15 | | kill, or another, and, had the individual the | 16 | | defendant endeavored to kill died, the defendant would | 17 | | have negligently or accidentally caused that death, | 18 | | then the sentence for the attempted murder is the | 19 | | sentence for a Class 1 felony; | 20 | | (2) the sentence for attempt to commit a Class X | 21 | | felony is the sentence for a Class 1 felony; | 22 | | (3) the sentence for attempt to commit a Class 1 | 23 | | felony is the sentence for a Class 2 felony; | 24 | | (4) the sentence for attempt to commit a Class 2 | 25 | | felony is the sentence for a Class 3 felony; and | 26 | | (5) the sentence for attempt to commit any felony |
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| 1 | | other than those specified in items (1), (2), (3), and (4) | 2 | | of this subsection (c) is the sentence for a Class A | 3 | | misdemeanor. | 4 | | (Source: P.A. 103-51, eff. 1-1-24.) | 5 | | Section 95. No acceleration or delay. Where this Act makes | 6 | | changes in a statute that is represented in this Act by text | 7 | | that is not yet or no longer in effect (for example, a Section | 8 | | represented by multiple versions), the use of that text does | 9 | | not accelerate or delay the taking effect of (i) the changes | 10 | | made by this Act or (ii) provisions derived from any other | 11 | | Public Act. |
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