103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4673

 

Introduced 2/6/2024, 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).


LRB103 35642 RLC 65717 b

 

 

A BILL FOR

 

HB4673LRB103 35642 RLC 65717 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
5changing Section 8-4 as follows:
 
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
11to commit a specific offense, he or she does any act that
12constitutes a substantial step toward the commission of that
13offense.
14    (b) Impossibility.
15    It is not a defense to a charge of attempt that because of
16a misapprehension of the circumstances it would have been
17impossible for the accused to commit the offense attempted.
18    (c) Sentence.
19    A person convicted of attempt may be fined or imprisoned
20or both not to exceed the maximum provided for the offense
21attempted but, except for an attempt to commit the offense
22defined 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.)
 
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
23to commit a specific offense, he or she does any act that
24constitutes a substantial step toward the commission of that
25offense.

 

 

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1    (b) Impossibility.
2    It is not a defense to a charge of attempt that because of
3a misapprehension of the circumstances it would have been
4impossible for the accused to commit the offense attempted.
5    (c) Sentence.
6    A person convicted of attempt may be fined or imprisoned
7or both not to exceed the maximum provided for the offense
8attempted but, except for an attempt to commit the offense
9defined 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

 

 

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1    other than those specified in items (1), (2), (3), and (4)
2    of this subsection (c) is the sentence for a Class A
3    misdemeanor.
4(Source: P.A. 103-51, eff. 1-1-24.)
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.