Illinois General Assembly - Full Text of Public Act 094-0184
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Public Act 094-0184




Public Act 094-0184
HB0923 Enrolled LRB094 05103 RLC 38283 b

    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 changing
Section 8-2 as follows:
    (720 ILCS 5/8-2)  (from Ch. 38, par. 8-2)
    Sec. 8-2. Conspiracy. (a) Elements of the offense. A person
commits conspiracy when, with intent that an offense be
committed, he agrees with another to the commission of that
offense. No person may be convicted of conspiracy to commit an
offense unless an act in furtherance of such agreement is
alleged and proved to have been committed by him or by a
    (b) Co-conspirators.
    It shall not be a defense to conspiracy that the person or
persons with whom the accused is alleged to have conspired:
    (1) Has not been prosecuted or convicted, or
    (2) Has been convicted of a different offense, or
    (3) Is not amenable to justice, or
    (4) Has been acquitted, or
    (5) Lacked the capacity to commit an offense.
    (c) Sentence.
    A person convicted of conspiracy may be fined or imprisoned
or both not to exceed the maximum provided for the offense
which is the object of the conspiracy, except that if the
object is an offense prohibited by Sections 11-15, 11-16,
11-17, 11-19, 24-1 (a) (1), 24-1 (a) (7), 28-1, 28-3 and 28-4
of the "Criminal Code of 1961", approved July 28, 1961, as
amended, or prohibited by Sections 404 or 406 (b) of the
"Illinois Controlled Substances Act", enacted by the 77th
General Assembly, or an inchoate offense related to any of the
aforesaid principal offenses, the person convicted may be
sentenced for a Class 3 felony however, conspiracy to commit
treason, first degree murder, or aggravated kidnapping,
aggravated criminal sexual assault, or predatory criminal
sexual assault of a child is a Class 1 shall not be sentenced
in excess of a Class 2 felony, and conspiracy to commit any
offense other than those specified in this subsection, and
other than those set forth in Sections 401, 402, or 407 of the
Illinois Controlled Substances Act, shall not be sentenced in
excess of a Class 4 felony.
(Source: P.A. 86-809.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/12/2005