100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1465
 
Introduced , by Rep. Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:

  
720 ILCS 5/8-2 from Ch. 38, par. 8-2

 Amends the Criminal Code of 2012. Makes a technical change in a Section
concerning
conspiracy.



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A BILL FOR
 


HB1465LRB100 03289 RLC 13294 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 


4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 8-2 as follows:



6 (720 ILCS 5/8-2) (from Ch. 38, par. 8-2)



7 Sec. 8-2. Conspiracy. 
8 (a) Elements of the
the offense.
A person commits the 
9offense of conspiracy when, with intent that an offense be

10committed, he or she agrees with another to the commission of 
11that offense. No
person may be convicted of conspiracy to 
12commit an offense unless an act in
furtherance of that 
13agreement is alleged and proved to have been committed
by him 
14or her or by a co-conspirator.
15 (b) Co-conspirators. It is not a defense to conspiracy that 
16the person or persons with
whom the accused is alleged to have 
17conspired:

18  (1) have not been prosecuted or convicted,

19  (2) have been convicted of a different offense,

20  (3) are not amenable to justice,

21  (4) have been acquitted, or

22  (5) lacked the capacity to commit an offense.

23 (c) Sentence.

 
 
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1  (1) Except as otherwise provided in this subsection or 
2 Code, a person convicted of conspiracy to commit:
3   (A) a Class X felony shall be sentenced for a Class 
4 1 felony;
5   (B) a Class 1 felony shall be sentenced for a Class 
6 2 felony;
7   (C) a Class 2 felony shall be sentenced for a Class 
8 3 felony;
9   (D) a Class 3 felony shall be sentenced for a Class 
10 4 felony;
11   (E) a Class 4 felony shall be sentenced for a Class 
12 4 felony; and 
13   (F) a misdemeanor may be fined or imprisoned or 
14 both not to exceed the maximum provided for the offense 
15 that is the object of the conspiracy.
16  (2) A person convicted of conspiracy to commit any of 
17 the following offenses shall be sentenced for a Class X 
18 felony:
19   (A) aggravated insurance fraud conspiracy when the 
20 person is an organizer of the conspiracy (720 ILCS 
21 5/46-4); or
22   (B) aggravated governmental entity insurance fraud 
23 conspiracy when the person is an organizer of the 
24 conspiracy (720 ILCS 5/46-4).
25  (3) A person convicted of conspiracy to commit any of 
26 the following offenses shall be sentenced for a Class 1 
 
 
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1 felony:
2   (A) first degree murder (720 ILCS 5/9-1); or
3   (B) aggravated insurance fraud (720 ILCS 5/46-3) 
4 or aggravated governmental insurance fraud (720 ILCS 
5 5/46-3).
6  (4) A person convicted of conspiracy to commit 
7 insurance fraud (720 ILCS 5/46-3) or governmental entity 
8 insurance fraud (720 ILCS 5/46-3) shall be sentenced for a 
9 Class 2 felony.
10  (5) A person convicted of conspiracy to commit any of 
11 the following offenses shall be sentenced for a Class 3 
12 felony:
13   (A) soliciting for a prostitute (720 ILCS 
14 5/11-14.3(a)(1));
15   (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or 
16 5/11-14.3(a)(2)(B));
17   (C) keeping a place of prostitution (720 ILCS 
18 5/11-14.3(a)(1));
19   (D) pimping (720 ILCS 5/11-14.3(a)(2)(C));
20   (E) unlawful use of weapons under Section 
21 24-1(a)(1) (720 ILCS 5/24-1(a)(1));
22   (F) unlawful use of weapons under Section 
23 24-1(a)(7) (720 ILCS 5/24-1(a)(7));
24   (G) gambling (720 ILCS 5/28-1);
25   (H) keeping a gambling place (720 ILCS 5/28-3);
26   (I) registration of federal gambling stamps 
 
 
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1 violation (720 ILCS 5/28-4);
2   (J) look-alike substances violation (720 ILCS 
3 570/404);
4   (K) miscellaneous controlled substance violation 
5 under Section 406(b) (720 ILCS 570/406(b)); or
6   (L) an inchoate offense related to any of the 
7 principal offenses set forth in this item (5). 

8(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11.)