Full Text of SB2225 093rd General Assembly
SB2225eng 93RD GENERAL ASSEMBLY
|
|
|
SB2225 Engrossed |
|
LRB093 15855 RCE 41472 b |
|
| 1 |
| AN ACT concerning criminal law.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Criminal Code of 1961 is amended by changing
| 5 |
| Section 8-2 as follows:
| 6 |
| (720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
| 7 |
| Sec. 8-2. Conspiracy.
| 8 |
| (a) Elements of the offense.
A person commits conspiracy | 9 |
| when, with intent that an offense be
committed, he agrees with | 10 |
| another to the commission of that offense. No
person may be | 11 |
| convicted of conspiracy to commit an offense unless an act in
| 12 |
| furtherance of such agreement is alleged and proved to have | 13 |
| been committed
by him or by a co-conspirator.
| 14 |
| (b) Co-conspirators.
| 15 |
| It is
shall not be a defense to conspiracy that the person | 16 |
| or
persons
with
whom the accused is alleged to have conspired:
| 17 |
| (1) Has not been prosecuted or convicted, or
| 18 |
| (2) Has been convicted of a different offense, or
| 19 |
| (3) Is not amenable to justice, or
| 20 |
| (4) Has been acquitted, or
| 21 |
| (5) Lacked the capacity to commit an offense.
| 22 |
| (c) Sentence.
| 23 |
| A person convicted of conspiracy may be fined or imprisoned | 24 |
| or both not
to exceed the maximum provided for the offense | 25 |
| which is the object of the
conspiracy, except that if the | 26 |
| object is an offense prohibited by Sections
11-15, 11-16, | 27 |
| 11-17, 11-19, 24-1 (a) (1), 24-1 (a) (7), 28-1, 28-3 and 28-4
| 28 |
| of the "Criminal Code of 1961", approved July 28, 1961, as | 29 |
| amended, or
prohibited by Sections 404 or 406 (b) of the | 30 |
| "Illinois
Controlled Substances Act", enacted by the 77th | 31 |
| General Assembly, or an
inchoate offense related to any of the | 32 |
| aforesaid principal offenses, the
person convicted may be |
|
|
|
SB2225 Engrossed |
- 2 - |
LRB093 15855 RCE 41472 b |
|
| 1 |
| sentenced for a Class 3 felony however, conspiracy
to commit | 2 |
| treason, first degree murder, or aggravated kidnapping shall
| 3 |
| not be sentenced
in excess of a Class 2 felony, and conspiracy | 4 |
| to commit any offense other
than those specified in this | 5 |
| subsection, and other than those set forth
in Sections 401, | 6 |
| 402, or 407 of the Illinois Controlled Substances Act,
shall | 7 |
| not be sentenced in excess of
a Class 4 felony.
| 8 |
| (Source: P.A. 86-809.)
|
|