State of Illinois
Public Acts
92^nd General Assembly

Public Act 92-0591

HB4194 Enrolled                               LRB9212478RCcdB

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Unified Code of Corrections is amended by
changing Section 5-8-2 as follows:

    (730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
    Sec. 5-8-2.  Extended Term.
    (a)  A  judge shall not sentence an offender to a term of
imprisonment in excess of the maximum sentence authorized  by
Section  5-8-1  for  the class of the most serious offense of
which the  offender  was  convicted  unless  the  factors  in
aggravation  set  forth  in  paragraph (b) of Section 5-5-3.2
were  found  to  be  present.  If  the  pre-trial  and  trial
proceedings were  conducted  in  compliance  with  subsection
(c-5)  of  Section 111-3 of the Code of Criminal Procedure of
1963. Where a trier of fact finds beyond a  reasonable  doubt
that  such  factors  were present,  the judge may sentence an
offender to the following:
         (1)  for first degree murder, a term  shall  be  not
    less than 60 years and not more than 100 years;
         (2)  for  a Class X felony, a term shall be not less
    than 30 years and not more than 60 years;
         (3)  for a Class 1 felony, a term shall be not  less
    than 15 years and not more than 30 years;
         (4)  for  a Class 2 felony, a term shall be not less
    than 7 years and not more than 14 years;
         (5)  for a Class 3 felony, a term shall not be  less
    than 5 years and not more than 10 years;
         (6)  for  a Class 4 felony, a term shall be not less
    than 3 years and not more than 6 years.
    (b)  If the conviction was by plea, it  shall  appear  on
the  record  that  the  plea was entered with the defendant's
knowledge  that  a  sentence  under  this   Section   was   a
possibility.  If  it  does  not  so appear on the record, the
defendant shall not be subject to such a sentence  unless  he
is  first  given  an opportunity to withdraw his plea without
prejudice.
(Source: P.A. 91-953, eff. 2-23-01.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly April 24, 2002.
    Approved June 27, 2002.
    Effective June 27, 2002.