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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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| | HB4673 | | LRB103 35642 RLC 65717 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, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Section 8-4 as follows:
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| 6 | | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4) |
| 7 | | (Text of Section before amendment by P.A. 103-51) |
| 8 | | Sec. 8-4. Attempt. |
| 9 | | (a) Elements of the offense. |
| 10 | | A person commits the offense of attempt when, with intent |
| 11 | | to commit a specific offense, he or she does any act that |
| 12 | | constitutes a substantial step toward the commission of that |
| 13 | | offense. |
| 14 | | (b) Impossibility. |
| 15 | | It is not a defense to a charge of attempt that because of |
| 16 | | a misapprehension of the circumstances it would have been |
| 17 | | impossible for the accused to commit the offense attempted. |
| 18 | | (c) Sentence. |
| 19 | | A person convicted of attempt may be fined or imprisoned |
| 20 | | or both not to exceed the maximum provided for the offense |
| 21 | | attempted but, except for an attempt to commit the offense |
| 22 | | defined in Section 33A-2 of this Code: |
| 23 | | (1) the sentence for attempt to commit first degree |
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| 1 | | murder is the sentence for a Class X felony, except that |
| 2 | | (A) an attempt to commit first degree murder when |
| 3 | | at least one of the aggravating factors specified in |
| 4 | | paragraphs (1), (2), and (12) of subsection (b) of |
| 5 | | Section 9-1 is present is a Class X felony for which |
| 6 | | the sentence shall be a term of imprisonment of not |
| 7 | | less than 20 years and not more than 80 years; |
| 8 | | (B) an attempt to commit first degree murder while |
| 9 | | armed with a firearm is a Class X felony for which 15 |
| 10 | | years shall be added to the term of imprisonment |
| 11 | | imposed by the court; |
| 12 | | (C) an attempt to commit first degree murder |
| 13 | | during which the person personally discharged a |
| 14 | | firearm is a Class X felony for which 20 years shall be |
| 15 | | added to the term of imprisonment imposed by the |
| 16 | | court; |
| 17 | | (D) an attempt to commit first degree murder |
| 18 | | during which the person personally discharged a |
| 19 | | firearm that proximately caused great bodily harm, |
| 20 | | permanent disability, permanent disfigurement, or |
| 21 | | death to another person is a Class X felony for which |
| 22 | | 25 years or up to a term of natural life shall be added |
| 23 | | to the term of imprisonment imposed by the court; and |
| 24 | | (E) if the defendant proves by a preponderance of |
| 25 | | the evidence at sentencing that, at the time of the |
| 26 | | attempted murder, he or she was acting under a sudden |
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| 1 | | and intense passion resulting from serious provocation |
| 2 | | by the individual whom the defendant endeavored to |
| 3 | | kill, or another, and, had the individual the |
| 4 | | defendant endeavored to kill died, the defendant would |
| 5 | | have negligently or accidentally caused that death, |
| 6 | | then the sentence for the attempted murder is the |
| 7 | | sentence for a Class 1 felony; |
| 8 | | (2) the sentence for attempt to commit a Class X |
| 9 | | felony is the sentence for a Class 1 felony; |
| 10 | | (3) the sentence for attempt to commit a Class 1 |
| 11 | | felony is the sentence for a Class 2 felony; |
| 12 | | (4) the sentence for attempt to commit a Class 2 |
| 13 | | felony is the sentence for a Class 3 felony; and |
| 14 | | (5) the sentence for attempt to commit any felony |
| 15 | | other than those specified in items (1), (2), (3), and (4) |
| 16 | | of this subsection (c) is the sentence for a Class A |
| 17 | | misdemeanor. |
| 18 | | (Source: P.A. 96-710, eff. 1-1-10.)
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| 19 | | (Text of Section after amendment by P.A. 103-51) |
| 20 | | Sec. 8-4. Attempt. |
| 21 | | (a) Elements of the offense. |
| 22 | | A person commits the offense of attempt when, with intent |
| 23 | | to commit a specific offense, he or she does any act that |
| 24 | | constitutes a substantial step toward the commission of that |
| 25 | | offense. |
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| 1 | | (b) Impossibility. |
| 2 | | It is not a defense to a charge of attempt that because of |
| 3 | | a misapprehension of the circumstances it would have been |
| 4 | | impossible for the accused to commit the offense attempted. |
| 5 | | (c) Sentence. |
| 6 | | A person convicted of attempt may be fined or imprisoned |
| 7 | | or both not to exceed the maximum provided for the offense |
| 8 | | attempted but, except for an attempt to commit the offense |
| 9 | | defined in Section 33A-2 of this Code: |
| 10 | | (1) the sentence for attempt to commit first degree |
| 11 | | murder is the sentence for a Class X felony, except that |
| 12 | | (A) an attempt to commit first degree murder when |
| 13 | | at least one of the aggravating factors specified in |
| 14 | | clauses (iii), (iv), and (v) of subsection (a)(1)(c) |
| 15 | | of Section 5-8-1 of the Unified Code of Corrections is |
| 16 | | present is a Class X felony for which the sentence |
| 17 | | shall be a term of imprisonment of not less than 40 20 |
| 18 | | years and up to a term of natural life not more than 80 |
| 19 | | years; |
| 20 | | (B) an attempt to commit first degree murder while |
| 21 | | armed with a firearm is a Class X felony for which 15 |
| 22 | | years shall be added to the term of imprisonment |
| 23 | | imposed by the court; |
| 24 | | (C) an attempt to commit first degree murder |
| 25 | | during which the person personally discharged a |
| 26 | | firearm is a Class X felony for which 20 years shall be |
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| 1 | | added to the term of imprisonment imposed by the |
| 2 | | court; |
| 3 | | (D) an attempt to commit first degree murder |
| 4 | | during which the person personally discharged a |
| 5 | | firearm that proximately caused great bodily harm, |
| 6 | | permanent disability, permanent disfigurement, or |
| 7 | | death to another person is a Class X felony for which |
| 8 | | 25 years or up to a term of natural life shall be added |
| 9 | | to the term of imprisonment imposed by the court; and |
| 10 | | (E) if the defendant proves by a preponderance of |
| 11 | | the evidence at sentencing that, at the time of the |
| 12 | | attempted murder, he or she was acting under a sudden |
| 13 | | and intense passion resulting from serious provocation |
| 14 | | by the individual whom the defendant endeavored to |
| 15 | | kill, or another, and, had the individual the |
| 16 | | defendant endeavored to kill died, the defendant would |
| 17 | | have negligently or accidentally caused that death, |
| 18 | | then the sentence for the attempted murder is the |
| 19 | | sentence for a Class 1 felony; |
| 20 | | (2) the sentence for attempt to commit a Class X |
| 21 | | felony is the sentence for a Class 1 felony; |
| 22 | | (3) the sentence for attempt to commit a Class 1 |
| 23 | | felony is the sentence for a Class 2 felony; |
| 24 | | (4) the sentence for attempt to commit a Class 2 |
| 25 | | felony is the sentence for a Class 3 felony; and |
| 26 | | (5) the sentence for attempt to commit any felony |