94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2856


 
Introduced 1/20/2006, by Sen. Jeffrey M. Schoenberg
 
SYNOPSIS AS INTRODUCED:
 		













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







    Amends the Criminal Code of 1961.  Makes a technical change in a Section
concerning
conspiracy.
















LRB094 17911 RLC 53214 b

















 


 


A BILL FOR









 











SB2856

LRB094 17911 RLC 53214 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
the offense.
A person commits 
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conspiracy when, with intent that an offense be
committed, he 
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agrees with another to the commission of that offense. No

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person may be convicted of conspiracy to commit an offense 
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unless an act in
furtherance of such agreement is alleged and 
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proved to have been committed
by him or by a co-conspirator.
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    (b) Co-conspirators.

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    It shall not be a defense to conspiracy that the person or 
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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
of 
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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 
 


 






SB2856
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LRB094 17911 RLC 53214 b




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sentenced for a Class 3 felony however, conspiracy
to commit 
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treason, first degree murder, aggravated kidnapping, 
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aggravated criminal sexual assault, or predatory criminal 
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sexual assault of a child is a Class 1 felony, and conspiracy 
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to commit any offense other
than those specified in this 
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subsection, and other than those set forth
in Sections 401, 
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402, or 407 of the Illinois Controlled Substances Act,
shall 
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not be sentenced in excess of
a Class 4 felony.

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(Source: P.A. 94-184, eff. 7-12-05.)