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Sen. William R. Haine
Filed: 4/11/2011
| | 09700SB1041sam001 | | LRB097 04766 RLC 54392 a |
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| 1 | | AMENDMENT TO SENATE BILL 1041
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1041 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 1. Intent; purpose. After the finding of the |
| 5 | | Illinois Supreme Court in People v. Hauschild, 226 Ill.2d 63 |
| 6 | | (2007), regarding unconstitutionally disproportionate |
| 7 | | penalties, the General Assembly passed legislation that became |
| 8 | | Public Act 95-688. Among other things, Public Act 95-688 |
| 9 | | amended Sections 33A-2 and 33A-3 of the Criminal Code of 1961 |
| 10 | | with the intention of ensuring the validity of the enhanced |
| 11 | | penalty provisions of Section 18-2 of the Criminal Code of |
| 12 | | 1961. However, in People v. Coleman, 399 Ill.App.3d 1150 |
| 13 | | (2010), the Fourth District Appellate Court found that the |
| 14 | | enhanced penalty provisions of Section 18-2 of the Criminal |
| 15 | | Code of 1961 were void ab initio, notwithstanding Public Act |
| 16 | | 95-688. This Act is an explicit reenactment of Section 18-2 of |
| 17 | | the Criminal Code of 1961.
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| | 09700SB1041sam001 | - 2 - | LRB097 04766 RLC 54392 a |
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| 1 | | Section 5. Section 18-2 of the Criminal Code of 1961 is |
| 2 | | reenacted as follows:
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| 3 | | (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
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| 4 | | Sec. 18-2. Armed robbery.
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| 5 | | (a) A person commits armed robbery when he or she violates |
| 6 | | Section 18-1;
and
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| 7 | | (1) he or she carries on or about his or her person or
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| 8 | | is
otherwise armed with a dangerous weapon other than a |
| 9 | | firearm; or
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| 10 | | (2) he or she carries on or about his or her person or |
| 11 | | is otherwise armed
with a firearm; or
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| 12 | | (3) he or she, during the commission of the offense, |
| 13 | | personally discharges
a firearm; or
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| 14 | | (4) he or she, during the commission of the offense, |
| 15 | | personally discharges
a firearm that proximately causes |
| 16 | | great bodily harm, permanent disability,
permanent |
| 17 | | disfigurement, or death to another person.
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| 18 | | (b) Sentence.
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| 19 | | Armed robbery
in violation of subsection (a)(1)
is a Class |
| 20 | | X felony.
A violation of subsection (a)(2) is a Class X felony |
| 21 | | for which 15 years shall
be added to the term of imprisonment |
| 22 | | imposed by the court. A violation of
subsection (a)(3) is a |
| 23 | | Class X felony for which 20 years shall be added to the
term of |
| 24 | | imprisonment imposed by the court. A violation of subsection |