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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2741 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
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720 ILCS 5/8-4 | from Ch. 38, par. 8-4 |
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Amends the Criminal Code of 2012. Provides that the enhanced penalties for an attempt to commit first degree murder while armed with a
firearm, during which the person
personally discharged a firearm, or during which the person
personally discharged a firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or death to
another person apply to an attempt to commit first degree murder of a peace officer, fireman, correctional institution or facility employee, EMT, ambulance driver, or medical assistance or first aid personnel employed by a governmental unit attempted to be killed in the performance of his or her official duties, to prevent the performance of his or her official duties, or in retaliation for the performance of his or her official duties, or an attempt to commit first degree murder of an inmate of a correctional institution or facility on the grounds of the institution or facility, or of a person present in the institution or facility with the knowledge of the chief administrative officer of the institution or facility. Reenacts the provisions of the attempted murder statute held unconstitutional as violating the proportionate penalties clause of the Illinois Constitution in People v. Morgan, 203 Ill. 2d 994 (2003) before the Supreme Court changed its proportionality review in People v. Sharpe, 216 Ill. 2d 481 (2005).
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB2741 | | LRB100 05299 RLC 15310 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 2012 is amended by changing |
5 | | Section 8-4 as follows:
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6 | | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
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7 | | Sec. 8-4. Attempt.
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8 | | (a) Elements of the offense.
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9 | | A person commits the offense of attempt when, with intent |
10 | | to commit a specific
offense, he or she does any act that |
11 | | constitutes a substantial step toward the
commission of that |
12 | | offense.
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13 | | (b) Impossibility.
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14 | | It is not a defense to a charge of attempt that because of |
15 | | a
misapprehension of the circumstances it would have been |
16 | | impossible for
the accused to commit the offense attempted.
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17 | | (c) Sentence.
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18 | | A person convicted of attempt may be fined or imprisoned or |
19 | | both
not to exceed the maximum provided for the offense |
20 | | attempted but, except
for an attempt to commit the offense |
21 | | defined in Section 33A-2 of this Code:
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22 | | (1) the sentence for attempt to commit first degree |
23 | | murder is the
sentence for a Class X felony, except that
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