Bill Text: IL HB2741 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: 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).
Spectrum: Bipartisan Bill
Status: (Failed) 2019-01-08 - Session Sine Die [HB2741 Detail]
Download: Illinois-2017-HB2741-Introduced.html
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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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1 | (A) an attempt to commit first
degree murder when | ||||||
2 | at least one of the aggravating factors specified in
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3 | paragraphs (1), (2), and (12) of subsection (b) of | ||||||
4 | Section 9-1 is present is
a Class X felony for which | ||||||
5 | the sentence shall be a term of imprisonment of
not | ||||||
6 | less than 20 years and not more than 80 years;
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7 | (B) an attempt to commit first degree murder, | ||||||
8 | including an attempt to commit first degree murder when
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9 | at least one of the aggravating factors specified in | ||||||
10 | paragraphs (1), (2), and (12) of subsection (b) of | ||||||
11 | Section 9-1 is present, while armed with a
firearm is a | ||||||
12 | Class X felony for which 15 years shall be added to the | ||||||
13 | term of
imprisonment imposed by the court; an attempt | ||||||
14 | to commit first degree murder while armed with a
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15 | firearm is a Class X felony for which 15 years shall be | ||||||
16 | added to the term of
imprisonment imposed by the court;
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17 | (C) an attempt to commit first degree murder, | ||||||
18 | including an attempt to commit first degree murder when
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19 | at least one of the aggravating factors specified in | ||||||
20 | paragraphs (1), (2), and (12) of subsection (b) of | ||||||
21 | Section 9-1 is present, during which the person
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22 | personally discharged a firearm is a Class X felony for | ||||||
23 | which 20 years
shall be added to the term of | ||||||
24 | imprisonment imposed by the court; an attempt to commit | ||||||
25 | first degree murder during which the person
personally | ||||||
26 | discharged a firearm is a Class X felony for which 20 |
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1 | years
shall be added to the term of imprisonment | ||||||
2 | imposed by the court;
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3 | (D) an attempt to commit first degree murder, | ||||||
4 | including an attempt to commit first degree murder when
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5 | at least one of the aggravating factors specified in | ||||||
6 | paragraphs (1), (2), and (12) of subsection (b) of | ||||||
7 | Section 9-1 is present, during which the person
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8 | personally discharged a firearm that proximately | ||||||
9 | caused great bodily harm,
permanent disability, | ||||||
10 | permanent disfigurement, or death to
another person is | ||||||
11 | a Class X felony for which 25 years or up to a term of
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12 | natural life shall be added to the term of imprisonment | ||||||
13 | imposed by the court; an attempt to commit first degree | ||||||
14 | murder during which the person
personally discharged a | ||||||
15 | firearm that proximately caused great bodily harm,
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16 | permanent disability, permanent disfigurement, or | ||||||
17 | death to
another person is a Class X felony for which | ||||||
18 | 25 years or up to a term of
natural life shall be added | ||||||
19 | to the term of imprisonment imposed by the court; and
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20 | (E) if the defendant proves by a preponderance of | ||||||
21 | the evidence at sentencing that, at the time of the | ||||||
22 | attempted murder, he or she was acting under a sudden | ||||||
23 | and intense passion resulting from serious provocation | ||||||
24 | by the individual whom the defendant endeavored to | ||||||
25 | kill, or another, and, had the individual the defendant | ||||||
26 | endeavored to kill died, the defendant would have |
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1 | negligently or accidentally caused that death, then | ||||||
2 | the sentence for the attempted murder is the sentence | ||||||
3 | for a Class 1 felony;
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4 | (2) the sentence for attempt to commit a Class X felony | ||||||
5 | is the sentence
for a Class 1 felony;
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6 | (3) the sentence for attempt to commit a Class 1 felony | ||||||
7 | is the sentence
for a Class 2 felony;
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8 | (4) the sentence for attempt to commit a Class 2 felony | ||||||
9 | is the sentence
for a Class 3 felony; and
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10 | (5) the sentence for attempt to commit any felony other | ||||||
11 | than those
specified in items (1), (2), (3), and (4) of | ||||||
12 | this subsection (c) is
the sentence for a Class A | ||||||
13 | misdemeanor.
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14 | (Source: P.A. 96-710, eff. 1-1-10.)
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