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92_HB4194
LRB9212478RCcdB
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5 changing Section 5-8-2 as follows:
6 (730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
7 Sec. 5-8-2. Extended Term.
8 (a) A judge shall not sentence an offender to a term of
9 imprisonment in excess of the maximum sentence authorized by
10 Section 5-8-1 for the class of the most serious offense of
11 which the offender was convicted unless the factors in
12 aggravation set forth in paragraph (b) of Section 5-5-3.2
13 were found to be present. If the pre-trial and trial
14 proceedings were conducted in compliance with subsection
15 (c-5) of Section 111-3 of the Code of Criminal Procedure of
16 1963. Where a trier of fact finds beyond a reasonable doubt
17 that such factors were present, the judge may sentence an
18 offender to the following:
19 (1) for first degree murder, a term shall be not
20 less than 60 years and not more than 100 years;
21 (2) for a Class X felony, a term shall be not less
22 than 30 years and not more than 60 years;
23 (3) for a Class 1 felony, a term shall be not less
24 than 15 years and not more than 30 years;
25 (4) for a Class 2 felony, a term shall be not less
26 than 7 years and not more than 14 years;
27 (5) for a Class 3 felony, a term shall not be less
28 than 5 years and not more than 10 years;
29 (6) for a Class 4 felony, a term shall be not less
30 than 3 years and not more than 6 years.
31 (b) If the conviction was by plea, it shall appear on
-2- LRB9212478RCcdB
1 the record that the plea was entered with the defendant's
2 knowledge that a sentence under this Section was a
3 possibility. If it does not so appear on the record, the
4 defendant shall not be subject to such a sentence unless he
5 is first given an opportunity to withdraw his plea without
6 prejudice.
7 (Source: P.A. 91-953, eff. 2-23-01.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.