Full Text of HB0923 94th General Assembly
HB0923enr 94TH GENERAL ASSEMBLY
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HB0923 Enrolled |
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LRB094 05103 RLC 38283 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 | 5 |
| 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. (a) Elements of the offense.
A person | 8 |
| commits conspiracy when, with intent that an offense be
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| committed, he agrees with another to the commission of that | 10 |
| offense. No
person may be convicted of conspiracy to commit an | 11 |
| offense unless an act in
furtherance of such agreement is | 12 |
| alleged and proved to have been committed
by him or by a | 13 |
| 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 | 16 |
| 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 | 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
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| 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 |
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HB0923 Enrolled |
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LRB094 05103 RLC 38283 b |
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| sentenced for a Class 3 felony however, conspiracy
to commit | 2 |
| treason, first degree murder, or aggravated kidnapping , | 3 |
| aggravated criminal sexual assault, or predatory criminal | 4 |
| sexual assault of a child is a Class 1
shall
not be sentenced
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| in excess of a Class 2 felony, and conspiracy to commit any | 6 |
| offense other
than those specified in this subsection, and | 7 |
| other than those set forth
in Sections 401, 402, or 407 of the | 8 |
| Illinois Controlled Substances Act,
shall not be sentenced in | 9 |
| excess of
a Class 4 felony.
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| (Source: P.A. 86-809.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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