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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5425
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED:
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720 ILCS 5/8-2 |
from Ch. 38, par. 8-2 |
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Amends the Criminal Code of 1961. Makes a technical change to a Section
concerning
conspiracy.
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A BILL FOR
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HB5425 |
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LRB093 17133 RLC 42799 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing
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| Section 8-2 as follows:
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| (720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
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| Sec. 8-2. Conspiracy.
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| (a) Elements of the offense.
A person commits conspiracy |
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| when, with intent that an offense be
committed, he agrees with |
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| another to the commission of that offense. No
person may be |
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| convicted of conspiracy to commit an offense unless an act in
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| furtherance of such agreement is alleged and proved to have |
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| been committed
by him or by a co-conspirator.
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| (b) Co-conspirators.
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| It is
shall not be a defense to conspiracy that the person |
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| or
persons
with
whom the accused is alleged to have conspired:
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| (1) Has not been prosecuted or convicted, or
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| (2) Has been convicted of a different offense, or
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| (3) Is not amenable to justice, or
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| (4) Has been acquitted, or
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| (5) Lacked the capacity to commit an offense.
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| (c) Sentence.
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| A person convicted of conspiracy may be fined or imprisoned |
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| or both not
to exceed the maximum provided for the offense |
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| which is the object of the
conspiracy, except that if the |
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| object is an offense prohibited by Sections
11-15, 11-16, |
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| 11-17, 11-19, 24-1 (a) (1), 24-1 (a) (7), 28-1, 28-3 and 28-4
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| of the "Criminal Code of 1961", approved July 28, 1961, as |
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| amended, or
prohibited by Sections 404 or 406 (b) of the |
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| "Illinois
Controlled Substances Act", enacted by the 77th |
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| General Assembly, or an
inchoate offense related to any of the |
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| aforesaid principal offenses, the
person convicted may be |