Bill > SB1788

This bill amends the Criminal Code of 2012 by eliminating the felony murder provision from the first degree murder statute and modifying the second degree murder statute. Specifically, the bill removes the existing provision that classified a killing during the commission of a forcible felony as first degree murder, and instead incorporates a similar provision into the second degree murder statute. Under the new law, a person commits second degree murder if they commit or attempt to commit a forcible felony (other than first degree murder) and in the course of or furtherance of that crime, they or another participant causes the death of a person who is not a participant in the crime. The bill maintains the existing mitigating factors for second degree murder, which include acting under sudden and intense passion from serious provocation or having an unreasonable belief that the circumstances would justify the killing. The burden of proof for these mitigating factors remains on the defendant, while the state must still prove the elements of first degree murder beyond a reasonable doubt. This change effectively modifies how felony murder is classified and prosecuted in Illinois.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1788&GAID=18&DocTypeID=SB&SessionID=114&GA=104