Bill Text: IL SB1041 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2013-01-08 - Session Sine Die [SB1041 Detail]
Download: Illinois-2011-SB1041-Amended.html
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| 1 | AMENDMENT TO SENATE BILL 1041
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1041 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 1. Intent; purpose. After the finding of the | ||||||
| 5 | Illinois Supreme Court in People v. Hauschild, 226 Ill.2d 63 | ||||||
| 6 | (2007), regarding unconstitutionally disproportionate | ||||||
| 7 | penalties, the General Assembly passed legislation that became | ||||||
| 8 | Public Act 95-688. Among other things, Public Act 95-688 | ||||||
| 9 | amended Sections 33A-2 and 33A-3 of the Criminal Code of 1961 | ||||||
| 10 | with the intention of ensuring the validity of the enhanced | ||||||
| 11 | penalty provisions of Section 18-2 of the Criminal Code of | ||||||
| 12 | 1961. However, in People v. Coleman, 399 Ill.App.3d 1150 | ||||||
| 13 | (2010), the Fourth District Appellate Court found that the | ||||||
| 14 | enhanced penalty provisions of Section 18-2 of the Criminal | ||||||
| 15 | Code of 1961 were void ab initio, notwithstanding Public Act | ||||||
| 16 | 95-688. This Act is an explicit reenactment of Section 18-2 of | ||||||
| 17 | the Criminal Code of 1961.
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| 1 | Section 5. Section 18-2 of the Criminal Code of 1961 is | ||||||
| 2 | reenacted as follows:
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| 3 | (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
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| 4 | Sec. 18-2. Armed robbery.
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| 5 | (a) A person commits armed robbery when he or she violates | ||||||
| 6 | Section 18-1;
and
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| 7 | (1) he or she carries on or about his or her person or
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| 8 | is
otherwise armed with a dangerous weapon other than a | ||||||
| 9 | firearm; or
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| 10 | (2) he or she carries on or about his or her person or | ||||||
| 11 | is otherwise armed
with a firearm; or
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| 12 | (3) he or she, during the commission of the offense, | ||||||
| 13 | personally discharges
a firearm; or
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| 14 | (4) he or she, during the commission of the offense, | ||||||
| 15 | personally discharges
a firearm that proximately causes | ||||||
| 16 | great bodily harm, permanent disability,
permanent | ||||||
| 17 | disfigurement, or death to another person.
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| 18 | (b) Sentence.
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| 19 | Armed robbery
in violation of subsection (a)(1)
is a Class | ||||||
| 20 | X felony.
A violation of subsection (a)(2) is a Class X felony | ||||||
| 21 | for which 15 years shall
be added to the term of imprisonment | ||||||
| 22 | imposed by the court. A violation of
subsection (a)(3) is a | ||||||
| 23 | Class X felony for which 20 years shall be added to the
term of | ||||||
| 24 | imprisonment imposed by the court. A violation of subsection | ||||||
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| 1 | (a)(4) is
a Class X felony for which 25 years or up to a term of | ||||||
| 2 | natural life shall be
added to the term of imprisonment imposed | ||||||
| 3 | by the court.
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| 4 | (Source: P.A. 91-404, eff. 1-1-00.)
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| 5 | Section 99. Effective date. This Act takes effect upon | ||||||
| 6 | becoming law.".
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