Bill Text: IL HB4673 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-06 - Referred to Rules Committee [HB4673 Detail]

Download: Illinois-2023-HB4673-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4673 Introduced , 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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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Section 8-4 as follows:
(720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
(Text of Section before amendment by P.A. 103-51)
Sec. 8-4. Attempt.
(a) Elements of the offense.
A person commits the offense of attempt when, with intent
to commit a specific offense, he or she does any act that
constitutes a substantial step toward the commission of that
offense.
(b) Impossibility.
It is not a defense to a charge of attempt that because of
a misapprehension of the circumstances it would have been
impossible for the accused to commit the offense attempted.
(c) Sentence.
A person convicted of attempt may be fined or imprisoned
or both not to exceed the maximum provided for the offense
attempted but, except for an attempt to commit the offense
defined in Section 33A-2 of this Code:
(1) the sentence for attempt to commit first degree

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murder is the sentence for a Class X felony, except that
(A) an attempt to commit first degree murder when
at least one of the aggravating factors specified in
paragraphs (1), (2), and (12) of subsection (b) of
Section 9-1 is present is a Class X felony for which
the sentence shall be a term of imprisonment of not
less than 20 years and not more than 80 years;
(B) an attempt to commit first degree murder while
armed with a firearm is a Class X felony for which 15
years shall be added to the term of imprisonment
imposed by the court;
(C) an attempt to commit first degree murder
during which the person personally discharged a
firearm is a Class X felony for which 20 years shall be
added to the term of imprisonment imposed by the
court;
(D) an attempt to commit first degree murder
during which the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person is a Class X felony for which
25 years or up to a term of natural life shall be added
to the term of imprisonment imposed by the court; and
(E) if the defendant proves by a preponderance of
the evidence at sentencing that, at the time of the
attempted murder, he or she was acting under a sudden

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and intense passion resulting from serious provocation
by the individual whom the defendant endeavored to
kill, or another, and, had the individual the
defendant endeavored to kill died, the defendant would
have negligently or accidentally caused that death,
then the sentence for the attempted murder is the
sentence for a Class 1 felony;
(2) the sentence for attempt to commit a Class X
felony is the sentence for a Class 1 felony;
(3) the sentence for attempt to commit a Class 1
felony is the sentence for a Class 2 felony;
(4) the sentence for attempt to commit a Class 2
felony is the sentence for a Class 3 felony; and
(5) the sentence for attempt to commit any felony
other than those specified in items (1), (2), (3), and (4)
of this subsection (c) is the sentence for a Class A
misdemeanor.
(Source: P.A. 96-710, eff. 1-1-10.)
(Text of Section after amendment by P.A. 103-51)
Sec. 8-4. Attempt.
(a) Elements of the offense.
A person commits the offense of attempt when, with intent
to commit a specific offense, he or she does any act that
constitutes a substantial step toward the commission of that
offense.

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(b) Impossibility.
It is not a defense to a charge of attempt that because of
a misapprehension of the circumstances it would have been
impossible for the accused to commit the offense attempted.
(c) Sentence.
A person convicted of attempt may be fined or imprisoned
or both not to exceed the maximum provided for the offense
attempted but, except for an attempt to commit the offense
defined in Section 33A-2 of this Code:
(1) the sentence for attempt to commit first degree
murder is the sentence for a Class X felony, except that
(A) an attempt to commit first degree murder when
at least one of the aggravating factors specified in
clauses (iii), (iv), and (v) of subsection (a)(1)(c)
of Section 5-8-1 of the Unified Code of Corrections is
present is a Class X felony for which the sentence
shall be a term of imprisonment of not less than 40 20
years and up to a term of natural life not more than 80
years;
(B) an attempt to commit first degree murder while
armed with a firearm is a Class X felony for which 15
years shall be added to the term of imprisonment
imposed by the court;
(C) an attempt to commit first degree murder
during which the person personally discharged a
firearm is a Class X felony for which 20 years shall be

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added to the term of imprisonment imposed by the
court;
(D) an attempt to commit first degree murder
during which the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person is a Class X felony for which
25 years or up to a term of natural life shall be added
to the term of imprisonment imposed by the court; and
(E) if the defendant proves by a preponderance of
the evidence at sentencing that, at the time of the
attempted murder, he or she was acting under a sudden
and intense passion resulting from serious provocation
by the individual whom the defendant endeavored to
kill, or another, and, had the individual the
defendant endeavored to kill died, the defendant would
have negligently or accidentally caused that death,
then the sentence for the attempted murder is the
sentence for a Class 1 felony;
(2) the sentence for attempt to commit a Class X
felony is the sentence for a Class 1 felony;
(3) the sentence for attempt to commit a Class 1
felony is the sentence for a Class 2 felony;
(4) the sentence for attempt to commit a Class 2
felony is the sentence for a Class 3 felony; and
(5) the sentence for attempt to commit any felony

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other than those specified in items (1), (2), (3), and (4)
of this subsection (c) is the sentence for a Class A
misdemeanor.
(Source: P.A. 103-51, eff. 1-1-24.)