| 
 |  | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5894   Introduced , by Rep. Barbara Wheeler  SYNOPSIS AS INTRODUCED:
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720 ILCS 5/8-4 |  from Ch. 38, par. 8-4 | 
 
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 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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 |  | HB5894 |  | LRB100 22213 SLF 40784 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,
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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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 |  | HB5894 | - 2 - | LRB100 22213 SLF 40784 b |  
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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 while  | 
| 8 |  |  armed with a
firearm is a Class X felony for which 15  | 
| 9 |  |  years shall be added to the term of
imprisonment  | 
| 10 |  |  imposed by the court;
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| 11 |  |    (C) an attempt to commit first degree murder during  | 
| 12 |  |  which the person
personally discharged a firearm is a  | 
| 13 |  |  Class X felony for which 20 years
shall be added to the  | 
| 14 |  |  term of imprisonment imposed by the court;
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| 15 |  |    (D) an attempt to commit first degree murder during  | 
| 16 |  |  which the person
personally discharged a firearm that  | 
| 17 |  |  proximately caused great bodily harm,
permanent  | 
| 18 |  |  disability, permanent disfigurement, or death to
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| 19 |  |  another person is a Class X felony for which 25 years  | 
| 20 |  |  or up to a term of
natural life shall be added to the  | 
| 21 |  |  term of imprisonment imposed by the court; and
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| 22 |  |    (E) if the defendant proves by a preponderance of  | 
| 23 |  |  the evidence at sentencing that, at the time of the  | 
| 24 |  |  attempted murder, he or she was acting under a sudden  | 
| 25 |  |  and intense passion resulting from serious provocation  | 
| 26 |  |  by the individual whom the defendant endeavored to  | 
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 |  | HB5894 | - 3 - | LRB100 22213 SLF 40784 b |  
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| 1 |  |  kill, or another, and, had the individual the defendant  | 
| 2 |  |  endeavored to kill died, the defendant would have  | 
| 3 |  |  negligently or accidentally caused that death, then  | 
| 4 |  |  the sentence for the attempted murder is the sentence  | 
| 5 |  |  for a Class 1 felony; 
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| 6 |  |   (2) the sentence for attempt to commit a Class X felony  | 
| 7 |  |  is the sentence
for a Class 1 felony;
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| 8 |  |   (3) the sentence for attempt to commit a Class 1 felony  | 
| 9 |  |  is the sentence
for a Class 2 felony;
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| 10 |  |   (4) the sentence for attempt to commit a Class 2 felony  | 
| 11 |  |  is the sentence
for a Class 3 felony; and
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| 12 |  |   (5) the sentence for attempt to commit any felony other  | 
| 13 |  |  than those
specified in items (1), (2), (3), and (4) of  | 
| 14 |  |  this subsection (c) is
the sentence for a Class A  | 
| 15 |  |  misdemeanor; .
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| 16 |  |   (6) the sentence for attempt to commit a Class A  | 
| 17 |  |  misdemeanor is the sentence for a Class B misdemeanor;  | 
| 18 |  |   (7) the sentence for attempt to commit a Class B  | 
| 19 |  |  misdemeanor is the sentence for a Class C misdemeanor; and  | 
| 20 |  |   (8) the sentence for attempt to commit a Class C  | 
| 21 |  |  misdemeanor is a Class C misdemeanor.  | 
| 22 |  | (Source: P.A. 96-710, eff. 1-1-10.)
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