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IL HB5261

IL HB5261
CRIM CD&CD CORR-FELONY MURDER


summary

Introduced
02/05/2026
In Committee
02/10/2026
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Criminal Code of 2012 and the Unified Code of Corrections. Eliminates felony murder as an element of first degree murder. Creates felony murder as a separate class of felony. Provides that a person commits felony murder when he or she, acting alone or with one or more participants, commits or attempts to commit a forcible felony, other than second degree murder, and in the course of or in furtherance of that crime or flight from that crime, he or she or another participant causes the death of a person, other than one of the participants. Provides that the sentence of imprisonment for felony murder shall be a determinate sentence of not less than 8 years and not more than 40 year, subject to the parole review provisions for persons who committed the offense when under 21 years of age. Provides that an extended term sentence for felony murder shall be not less than 16 years and not more than 80 years. Amends various Acts to make conforming changes.

AI Summary

This bill fundamentally alters the legal definition and punishment for felony murder in Illinois by removing it as a basis for first-degree murder and establishing it as a distinct felony offense. Previously, a death occurring during the commission of certain dangerous felonies (forcible felonies) could lead to a first-degree murder charge for those involved, even if they didn't directly cause the death. This bill creates a new crime, "felony murder," which occurs when someone, alone or with others, commits or attempts to commit a forcible felony (excluding second-degree murder) and, in the process or during flight, causes a death to someone other than a participant. The sentencing for this new felony murder offense will be a determinate sentence of 8 to 40 years, with an extended term of 16 to 80 years, and it also introduces specific provisions for probation periods for minors convicted of felony murder. Conforming changes are made across various criminal and correctional codes to reflect this new classification and sentencing structure.

Sponsors (1)

Last Action

Referred to Rules Committee (on 02/10/2026)

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