Full Text of SB1228 97th General Assembly
SB1228sam001 97TH GENERAL ASSEMBLY | Sen. John J. Millner Filed: 3/15/2011
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| 1 | | AMENDMENT TO SENATE BILL 1228
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1228 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 1961 is amended by | 5 | | changing Sections 8-4 and 10-5 as follows:
| 6 | | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
| 7 | | Sec. 8-4. Attempt.
| 8 | | (a) Elements of the offense.
| 9 | | A person commits the offense of attempt when, with intent | 10 | | to commit a specific
offense, he or she does any act that | 11 | | constitutes a substantial step toward the
commission of that | 12 | | offense.
| 13 | | (b) Impossibility.
| 14 | | It is not a defense to a charge of attempt that because of | 15 | | a
misapprehension of the circumstances it would have been | 16 | | impossible for
the accused to commit the offense attempted.
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| 1 | | (c) Sentence.
| 2 | | A person convicted of attempt may be fined or imprisoned or | 3 | | both
not to exceed the maximum provided for the offense | 4 | | attempted but, except
for an attempt to commit the offense | 5 | | defined in Section 33A-2 of this Code:
| 6 | | (1) the sentence for attempt to commit first degree | 7 | | murder is the
sentence for a Class X felony, except that
| 8 | | (A) an attempt to commit first
degree murder when | 9 | | at least one of the aggravating factors specified in
| 10 | | paragraphs (1), (2), and (12) of subsection (b) of | 11 | | Section 9-1 is present is
a Class X felony for which | 12 | | the sentence shall be a term of imprisonment of
not | 13 | | less than 20 years and not more than 80 years;
| 14 | | (B) an attempt to commit first degree murder while | 15 | | armed with a
firearm is a Class X felony for which 15 | 16 | | years shall be added to the term of
imprisonment | 17 | | imposed by the court;
| 18 | | (C) an attempt to commit first degree murder during | 19 | | which the person
personally discharged a firearm is a | 20 | | Class X felony for which 20 years
shall be added to the | 21 | | term of imprisonment imposed by the court;
| 22 | | (D) an attempt to commit first degree murder during | 23 | | which the person
personally discharged a firearm that | 24 | | proximately caused great bodily harm,
permanent | 25 | | disability, permanent disfigurement, or death to
| 26 | | another person is a Class X felony for which 25 years |
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| 1 | | or up to a term of
natural life shall be added to the | 2 | | term of imprisonment imposed by the court; and
| 3 | | (E) if the defendant proves by a preponderance of | 4 | | the evidence at sentencing that, at the time of the | 5 | | attempted murder, he or she was acting under a sudden | 6 | | and intense passion resulting from serious provocation | 7 | | by the individual whom the defendant endeavored to | 8 | | kill, or another, and, had the individual the defendant | 9 | | endeavored to kill died, the defendant would have | 10 | | negligently or accidentally caused that death, then | 11 | | the sentence for the attempted murder is the sentence | 12 | | for a Class 1 felony; | 13 | | (1.5) the sentence for attempt to commit child | 14 | | abduction under paragraph (10) of subsection (b) of Section | 15 | | 10-5 of this Code is the sentence for a Class 4 felony;
| 16 | | (2) the sentence for attempt to commit a Class X felony | 17 | | is the sentence
for a Class 1 felony;
| 18 | | (3) the sentence for attempt to commit a Class 1 felony | 19 | | is the sentence
for a Class 2 felony;
| 20 | | (4) the sentence for attempt to commit a Class 2 felony | 21 | | is the sentence
for a Class 3 felony; and
| 22 | | (5) the sentence for attempt to commit any felony other | 23 | | than those
specified in items (1), (1.5), (2), (3), and (4) | 24 | | of this subsection (c) is
the sentence for a Class A | 25 | | misdemeanor.
| 26 | | (Source: P.A. 96-710, eff. 1-1-10.)
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| 1 | | (720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
| 2 | | Sec. 10-5. Child abduction.
| 3 | | (a) For purposes of this Section, the following terms have
| 4 | | the following meanings:
| 5 | | (1) "Child" means a person who, at the time the alleged | 6 | | violation occurred, was under the age of 18 or
severely or | 7 | | profoundly mentally retarded.
| 8 | | (2) "Detains" means taking or retaining physical | 9 | | custody of a child,
whether or not the child resists or | 10 | | objects.
| 11 | | (3) "Lawful custodian" means a person or persons | 12 | | granted legal custody
of a child or entitled to physical | 13 | | possession of a child pursuant to a
court order. It is | 14 | | presumed that, when the parties have never been
married to | 15 | | each other, the mother has legal custody of the child | 16 | | unless a
valid court order states otherwise. If an | 17 | | adjudication of paternity has
been completed and the father | 18 | | has been assigned support obligations or
visitation | 19 | | rights, such a paternity order should, for the purposes of | 20 | | this
Section, be considered a valid court order granting | 21 | | custody to the mother.
| 22 | | (4) "Putative father" means a man who has a reasonable | 23 | | belief that he is the father of a child born of a woman who | 24 | | is not his wife. | 25 | | (b) A person commits the offense of child abduction when he |
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| 1 | | or she does any one of the following:
| 2 | | (1) Intentionally violates any terms of a valid court | 3 | | order granting
sole or joint custody, care, or possession | 4 | | to another by concealing or
detaining the child or removing | 5 | | the child from the jurisdiction of the
court.
| 6 | | (2) Intentionally violates a court order prohibiting | 7 | | the person from
concealing or detaining the child or | 8 | | removing the child
from the jurisdiction of the court.
| 9 | | (3) Intentionally conceals, detains, or removes the | 10 | | child without the
consent of the mother or lawful custodian | 11 | | of the child if the person is a
putative father and either: | 12 | | (A) the paternity of the child has not been
legally | 13 | | established or (B) the paternity of the child has been | 14 | | legally
established but no orders relating to custody have | 15 | | been entered. Notwithstanding the presumption created by | 16 | | paragraph (3) of subsection (a),
however, a mother commits | 17 | | child abduction when she intentionally conceals or removes
| 18 | | a child, whom she has abandoned or relinquished custody of, | 19 | | from an
unadjudicated father who has provided sole ongoing | 20 | | care and custody of the
child in her absence.
| 21 | | (4) Intentionally conceals or removes the child from a | 22 | | parent after
filing a petition or being served with process | 23 | | in an action affecting
marriage or paternity but prior to | 24 | | the issuance of a temporary or final
order determining | 25 | | custody.
| 26 | | (5) At the expiration of visitation rights outside the |
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| 1 | | State,
intentionally fails or refuses to return or impedes | 2 | | the return of the child
to the lawful custodian in | 3 | | Illinois.
| 4 | | (6) Being a parent of the child, and if the parents of | 5 | | that child
are or have been married and there has been no | 6 | | court order of custody,
knowingly conceals the child for 15 | 7 | | days, and fails to make reasonable attempts
within the | 8 | | 15-day period to notify the other parent as to the specific
| 9 | | whereabouts of the child, including a means by which to | 10 | | contact the child,
or to arrange reasonable visitation or | 11 | | contact with the child. It is not a
violation of this | 12 | | Section for a person fleeing domestic violence to take
the | 13 | | child with him or her to housing provided by a domestic | 14 | | violence program.
| 15 | | (7) Being a parent of the child, and if the parents of | 16 | | the child
are or have been married and there has been no | 17 | | court order of
custody, knowingly conceals, detains, or | 18 | | removes the child with physical force or
threat of physical | 19 | | force.
| 20 | | (8) Knowingly conceals, detains, or removes the child | 21 | | for payment or promise of
payment at the instruction of a | 22 | | person who has no legal right to custody.
| 23 | | (9) Knowingly retains in this State for 30 days a child | 24 | | removed from another state
without the consent of the | 25 | | lawful custodian or in violation of a valid
court order of | 26 | | custody.
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| 1 | | (10) Intentionally lures or attempts to lure a child | 2 | | under the age of 16
into a motor vehicle, building, | 3 | | housetrailer, or dwelling place without the
consent of the | 4 | | child's parent or lawful custodian for other than a lawful | 5 | | purpose. For the purposes of this item (10), the luring
or | 6 | | attempted luring of a child under the age of 16 into a | 7 | | motor vehicle,
building, housetrailer, or dwelling place | 8 | | without the consent of the child's parent
or lawful | 9 | | custodian is prima facie evidence of other
than a lawful | 10 | | purpose.
| 11 | | (11) With the intent to obstruct or prevent efforts to | 12 | | locate the child victim of a child abduction, knowingly | 13 | | destroys, alters, conceals, or disguises physical evidence | 14 | | or furnishes false information. | 15 | | (c) It is an affirmative defense to subsections (b)(1) | 16 | | through (b)(10) of this Section that:
| 17 | | (1) the person had custody of the child pursuant to a | 18 | | court order
granting legal custody or visitation rights | 19 | | that existed at the time of
the alleged violation;
| 20 | | (2) the person had physical custody of the child | 21 | | pursuant to a court
order granting legal custody or | 22 | | visitation rights and failed to return the
child as a | 23 | | result of circumstances beyond his or her control, and the
| 24 | | person notified and disclosed to the other parent or legal | 25 | | custodian the
specific whereabouts of the child and a means | 26 | | by which the child could be
contacted or made a reasonable |
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| 1 | | attempt to notify the other parent or lawful
custodian of | 2 | | the child of those circumstances and made the disclosure
| 3 | | within 24 hours after the visitation period had expired and | 4 | | returned the
child as soon as possible;
| 5 | | (3) the person was fleeing an incidence or pattern of | 6 | | domestic violence; or
| 7 | | (4) the person lured or attempted to lure a child under | 8 | | the age of 16
into a motor vehicle, building, housetrailer, | 9 | | or dwelling place for a
lawful purpose in prosecutions | 10 | | under paragraph (10) of subsection (b).
| 11 | | (d) Other than a person convicted for a violation of | 12 | | paragraph (10) of subsection (b), a A person convicted of child | 13 | | abduction under this Section is guilty of
a Class 4 felony. A | 14 | | person convicted of a violation of paragraph (10) of subsection | 15 | | (b) of this Section is guilty of a Class 3 felony. A person | 16 | | convicted of a second or subsequent violation of
paragraph (10) | 17 | | of subsection (b) of this Section is guilty of a Class 2 3
| 18 | | felony. It is a factor in aggravation under subsections (b)(1) | 19 | | through (b)(10) of this Section for which a court
may impose a | 20 | | more severe sentence under Section 5-8-1 (730 ILCS 5/5-8-1) or | 21 | | Article 4.5 of Chapter V of the Unified Code
of Corrections if, | 22 | | upon sentencing, the court finds evidence of any of the
| 23 | | following aggravating factors:
| 24 | | (1) that the defendant abused or neglected the child | 25 | | following the
concealment, detention, or removal of the | 26 | | child;
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| 1 | | (2) that the defendant inflicted or threatened to | 2 | | inflict physical harm
on a parent or lawful custodian of | 3 | | the child or on the child with intent to
cause that parent | 4 | | or lawful custodian to discontinue criminal prosecution
of | 5 | | the defendant under this Section;
| 6 | | (3) that the defendant demanded payment in exchange for | 7 | | return of the
child or demanded that he or she be relieved | 8 | | of the financial or legal
obligation to support the child | 9 | | in exchange for return of the child;
| 10 | | (4) that the defendant has previously been convicted of | 11 | | child abduction;
| 12 | | (5) that the defendant committed the abduction while | 13 | | armed with a deadly
weapon or the taking of the child | 14 | | resulted in serious bodily injury to
another; or
| 15 | | (6) that the defendant committed the abduction while in | 16 | | a school,
regardless of the time of day or time of year; in | 17 | | a playground; on any
conveyance owned,
leased, or | 18 | | contracted by a school to transport students to or from | 19 | | school or a
school related activity; on the real property | 20 | | of a school;
or on a
public way within 1,000 feet of the | 21 | | real property comprising any school or
playground. For | 22 | | purposes of this paragraph (6), "playground" means a piece
| 23 | | of land owned or controlled by a unit of local government | 24 | | that is designated by
the unit of local government for use | 25 | | solely or primarily for children's
recreation;
and | 26 | | "school" means a public or private
elementary or secondary |
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| 1 | | school, community college, college, or university.
| 2 | | (e) The court may order the child to be returned to the | 3 | | parent or lawful
custodian from whom the child was concealed, | 4 | | detained, or removed. In
addition to any sentence imposed, the | 5 | | court may assess any reasonable
expense incurred in searching | 6 | | for or returning the child against any
person convicted of | 7 | | violating this Section.
| 8 | | (f) Nothing contained in this Section shall be construed to | 9 | | limit the
court's contempt power.
| 10 | | (g) Every law enforcement officer investigating an alleged | 11 | | incident of
child abduction shall make a written police report | 12 | | of any bona fide
allegation and the disposition of that | 13 | | investigation. Every police report
completed pursuant to this | 14 | | Section shall be compiled and recorded within
the meaning of | 15 | | Section 5.1 of the Criminal Identification Act.
| 16 | | (h) Whenever a law enforcement officer has reasons to | 17 | | believe a child
abduction has occurred, she or he shall provide | 18 | | the lawful custodian a summary of
her or his rights under this | 19 | | Code, including the procedures and relief
available to her or | 20 | | him.
| 21 | | (i) If during the course of an investigation under this
| 22 | | Section the child is found in the physical custody of the | 23 | | defendant or
another, the law enforcement officer shall return | 24 | | the child to the parent
or lawful custodian from whom the child | 25 | | was concealed, detained, or removed,
unless there is good cause | 26 | | for the law enforcement officer or the
Department of Children |
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| 1 | | and Family Services to retain temporary protective
custody of | 2 | | the child pursuant to the Abused and Neglected Child Reporting
| 3 | | Act.
| 4 | | (Source: P.A. 95-1052, eff. 7-1-09; 96-710, eff. 1-1-10; | 5 | | 96-1000, eff. 7-2-10.)".
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