HB0043 95TH GENERAL ASSEMBLY

LRB095 03675 RLC 23702 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0043

Introduced 1/19/2007, by Rep. Timothy L. Schmitz

SYNOPSIS AS INTRODUCED:

720 ILCS 5/5-2.1 new

Amends the Criminal Code of 1961. Provides that accountability principles apply when a statute defining an offense or the term of imprisonment for an offense creates an increased penalty if the defendant was armed with a specific type of weapon. Provides that accountability principles do not apply when a statute defining an offense or the term of imprisonment creates an increased penalty if the defendant personally discharged a firearm or personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person. Provides that being armed with a firearm is a lesser included finding of personally discharging a firearm; and both are lesser included findings of personally discharging a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Section 5-2.1 as follows:

(720 ILCS 5/5-2.1 new)

Sec. 5-2.1. Accountability principles on enhanced sentences; lesser included findings.

(a) Accountability principles apply when a statute defining an offense or the term of imprisonment for an offense creates an increased penalty if the defendant was armed with a specific type of weapon.

(b) Accountability principles do not apply when a statute defining an offense or the term of imprisonment creates an increased penalty if the defendant personally discharged a firearm or personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person.

(c) Being armed with a firearm is a lesser included finding of personally discharging a firearm; and both are lesser included findings of personally discharging a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person.