Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1788 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1788 Introduced 2/5/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: 720 ILCS 5/9-1 from Ch. 38, par. 9-1720 ILCS 5/9-2 from Ch. 38, par. 9-2 Amends the Criminal Code of 2012. Eliminates the felony murder provisions from the first degree murder statute. Provides that a person commits second degree murder when he or she, acting alone or with one or more participants, commits or attempts to commit a forcible felony, other than first degree murder, and in the course of or in furtherance of the crime or flight from the crime, he or she or another participant causes the death of a person, other than one of the participants. LRB104 04656 RLC 19303 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1788 Introduced 2/5/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: 720 ILCS 5/9-1 from Ch. 38, par. 9-1720 ILCS 5/9-2 from Ch. 38, par. 9-2 720 ILCS 5/9-1 from Ch. 38, par. 9-1 720 ILCS 5/9-2 from Ch. 38, par. 9-2 Amends the Criminal Code of 2012. Eliminates the felony murder provisions from the first degree murder statute. Provides that a person commits second degree murder when he or she, acting alone or with one or more participants, commits or attempts to commit a forcible felony, other than first degree murder, and in the course of or in furtherance of the crime or flight from the crime, he or she or another participant causes the death of a person, other than one of the participants. LRB104 04656 RLC 19303 b LRB104 04656 RLC 19303 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1788 Introduced 2/5/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/9-1 from Ch. 38, par. 9-1720 ILCS 5/9-2 from Ch. 38, par. 9-2 720 ILCS 5/9-1 from Ch. 38, par. 9-1 720 ILCS 5/9-2 from Ch. 38, par. 9-2
4	4	720 ILCS 5/9-1 from Ch. 38, par. 9-1
5	5	720 ILCS 5/9-2 from Ch. 38, par. 9-2
6	6	Amends the Criminal Code of 2012. Eliminates the felony murder provisions from the first degree murder statute. Provides that a person commits second degree murder when he or she, acting alone or with one or more participants, commits or attempts to commit a forcible felony, other than first degree murder, and in the course of or in furtherance of the crime or flight from the crime, he or she or another participant causes the death of a person, other than one of the participants.
7	7	LRB104 04656 RLC 19303 b LRB104 04656 RLC 19303 b
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9	9	A BILL FOR
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12	12	1 AN ACT concerning criminal law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Criminal Code of 2012 is amended by
16	16	5 changing Sections 9-1 and 9-2 as follows:
17	17	6 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
18	18	7 Sec. 9-1. First degree murder.
19	19	8 (a) A person who kills an individual without lawful
20	20	9 justification commits first degree murder if, in performing
21	21	10 the acts which cause the death:
22	22	11 (1) he or she either intends to kill or do great bodily
23	23	12 harm to that individual or another, or knows that such
24	24	13 acts will cause death to that individual or another; or
25	25	14 (2) he or she knows that such acts create a strong
26	26	15 probability of death or great bodily harm to that
27	27	16 individual or another; or
28	28	17 (3) (blank). he or she, acting alone or with one or
29	29	18 more participants, commits or attempts to commit a
30	30	19 forcible felony other than second degree murder, and in
31	31	20 the course of or in furtherance of such crime or flight
32	32	21 therefrom, he or she or another participant causes the
33	33	22 death of a person.
34	34	23 (b) (Blank).
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1788 Introduced 2/5/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
39	39	720 ILCS 5/9-1 from Ch. 38, par. 9-1720 ILCS 5/9-2 from Ch. 38, par. 9-2 720 ILCS 5/9-1 from Ch. 38, par. 9-1 720 ILCS 5/9-2 from Ch. 38, par. 9-2
40	40	720 ILCS 5/9-1 from Ch. 38, par. 9-1
41	41	720 ILCS 5/9-2 from Ch. 38, par. 9-2
42	42	Amends the Criminal Code of 2012. Eliminates the felony murder provisions from the first degree murder statute. Provides that a person commits second degree murder when he or she, acting alone or with one or more participants, commits or attempts to commit a forcible felony, other than first degree murder, and in the course of or in furtherance of the crime or flight from the crime, he or she or another participant causes the death of a person, other than one of the participants.
43	43	LRB104 04656 RLC 19303 b LRB104 04656 RLC 19303 b
44	44	LRB104 04656 RLC 19303 b
45	45	A BILL FOR
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51	51	720 ILCS 5/9-1 from Ch. 38, par. 9-1
52	52	720 ILCS 5/9-2 from Ch. 38, par. 9-2
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71	71	1 (b-5) (Blank).
72	72	2 (c) (Blank).
73	73	3 (d) (Blank).
74	74	4 (e) (Blank).
75	75	5 (f) (Blank).
76	76	6 (g) (Blank).
77	77	7 (h) (Blank).
78	78	8 (h-5) (Blank).
79	79	9 (i) (Blank).
80	80	10 (j) (Blank).
81	81	11 (k) (Blank).
82	82	12 (Source: P.A. 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.)
83	83	13 (720 ILCS 5/9-2) (from Ch. 38, par. 9-2)
84	84	14 Sec. 9-2. Second degree murder.
85	85	15 (a) A person commits the offense of second degree murder
86	86	16 when:
87	87	17 (1) he or she, acting alone or with one or more
88	88	18 participants, commits or attempts to commit a forcible
89	89	19 felony, other than first degree murder, and in the course
90	90	20 of or in furtherance of the crime or flight from the crime,
91	91	21 he or she or another participant causes the death of a
92	92	22 person, other than one of the participants; or
93	93	23 (2) he or she commits the offense of first degree
94	94	24 murder as defined in paragraph (1) or (2) of subsection
95	95	25 (a) of Section 9-1 of this Code and either of the following
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106	106	1 mitigating factors are present:
107	107	2 (A) (1) at the time of the killing he or she is
108	108	3 acting under a sudden and intense passion resulting
109	109	4 from serious provocation by the individual killed or
110	110	5 another whom the offender endeavors to kill, but he or
111	111	6 she negligently or accidentally causes the death of
112	112	7 the individual killed; or
113	113	8 (B) (2) at the time of the killing he or she
114	114	9 believes the circumstances to be such that, if they
115	115	10 existed, would justify or exonerate the killing under
116	116	11 the principles stated in Article 7 of this Code, but
117	117	12 his or her belief is unreasonable.
118	118	13 (b) Serious provocation is conduct sufficient to excite an
119	119	14 intense passion in a reasonable person provided, however, that
120	120	15 an action that does not otherwise constitute serious
121	121	16 provocation cannot qualify as serious provocation because of
122	122	17 the discovery, knowledge, or disclosure of the victim's sexual
123	123	18 orientation as defined in Section 1-103 of the Illinois Human
124	124	19 Rights Act.
125	125	20 (c) When evidence of either of the mitigating factors
126	126	21 defined in subsection (a) of this Section has been presented,
127	127	22 the burden of proof is on the defendant to prove either
128	128	23 mitigating factor by a preponderance of the evidence before
129	129	24 the defendant can be found guilty of second degree murder. The
130	130	25 burden of proof, however, remains on the State to prove beyond
131	131	26 a reasonable doubt each of the elements of first degree murder
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