Bill Text: IL HB5894 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012 concerning attempt. Adds that the sentence for attempt to commit a Class A misdemeanor is the sentence for a Class B misdemeanor, the sentence for attempt to commit a Class B misdemeanor is the sentence for a Class C misdemeanor, and the sentence for attempt to commit a Class C misdemeanor is a Class C misdemeanor.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5894 Detail]

Download: Illinois-2017-HB5894-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5894 Introduced , by Rep. Barbara Wheeler SYNOPSIS AS INTRODUCED:
720 ILCS 5/8-4 from Ch. 38, par. 8-4
Amends the Criminal Code of 2012 concerning attempt. Adds that the sentence for attempt to commit a Class A misdemeanor is the sentence for a Class B misdemeanor, the sentence for attempt to commit a Class B misdemeanor is the sentence for a Class C misdemeanor, and the sentence for attempt to commit a Class C misdemeanor is a Class C misdemeanor.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
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)
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
murder is the sentence for a Class X felony, except that

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(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
and intense passion resulting from serious provocation
by the individual whom the defendant endeavored to

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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; .
(6) the sentence for attempt to commit a Class A
misdemeanor is the sentence for a Class B misdemeanor;
(7) the sentence for attempt to commit a Class B
misdemeanor is the sentence for a Class C misdemeanor; and
(8) the sentence for attempt to commit a Class C
misdemeanor is a Class C misdemeanor.
(Source: P.A. 96-710, eff. 1-1-10.)