Judiciary II - Criminal Law Committee
Filed: 03/04/04
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1 | AMENDMENT TO HOUSE BILL 4790
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2 | AMENDMENT NO. ______. Amend House Bill 4790 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-8-2 as follows:
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6 | (730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
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7 | Sec. 5-8-2. Extended Term.
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8 | (a) A judge shall not sentence an
offender to a term of | ||||||
9 | imprisonment in excess of the maximum
sentence authorized by | ||||||
10 | Section 5-8-1 for the class of the most
serious offense of | ||||||
11 | which the offender was convicted unless the
factors in | ||||||
12 | aggravation set forth in paragraph (b) of Section
5-5-3.2 or | ||||||
13 | clause (a)(1)(b) of Section 5-8-1 were found to be present.
If | ||||||
14 | the pre-trial and trial proceedings were
conducted in | ||||||
15 | compliance with subsection (c-5) of Section 111-3 of the Code | ||||||
16 | of
Criminal Procedure of 1963, the judge may sentence an | ||||||
17 | offender to the
following:
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18 | (1) for first degree murder, a term shall be not less | ||||||
19 | than 60 years and
not more than 100 years;
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20 | (2) for a Class X felony, a term shall be not less than | ||||||
21 | 30
years and not more than 60 years;
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22 | (3) for a Class 1 felony, a term shall be not less than | ||||||
23 | 15
years and not more than 30 years;
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24 | (4) for a Class 2 felony, a term shall be not less than |
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1 | 7 years and
not more than 14 years;
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2 | (5) for a Class 3 felony, a term shall not be less than | ||||||
3 | 5
years and not more than 10 years;
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4 | (6) for a Class 4 felony, a term shall be not less than | ||||||
5 | 3 years and
not more than 6 years.
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6 | (b) If the conviction was by plea, it shall appear on the
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7 | record that the plea was entered with the defendant's knowledge
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8 | that a sentence under this Section was a possibility. If it
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9 | does not so appear on the record, the defendant shall not be
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10 | subject to such a sentence unless he is first given an
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11 | opportunity to withdraw his plea without prejudice.
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12 | (Source: P.A. 91-953, eff. 2-23-01; 92-591, eff. 6-27-02.)".
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