Bill Status of SB 2078   103rd General Assembly


Short Description:  FIRST AND SECOND DEGREE MURDER

Senate Sponsors
Sen. Robert Peters, Mattie Hunter, Napoleon Harris, III and Javier L. Cervantes

Last Action  View All Actions

DateChamber Action
  2/9/2023SenateReferred to Assignments

Statutes Amended In Order of Appearance
720 ILCS 5/9-1from Ch. 38, par. 9-1
720 ILCS 5/9-2from Ch. 38, par. 9-2
735 ILCS 5/2-1401from Ch. 110, par. 2-1401

Synopsis As Introduced
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. Provides that it is an affirmative defense to the charge that the defendant: (1) was not the only participant in the underlying crime; (2) did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid in the commission of the crime; (3) was not armed with a deadly weapon; and (4) did not engage himself or herself in or intend to engage in and had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious bodily injury. Amends the Code of Civil Procedure. Provides for relief from judgment for defendants convicted of first degree murder committed before the effective date of the amendatory Act. Provides that nothing in these provisions prevents a movant from applying for any other relief.

Actions 
DateChamber Action
  2/9/2023SenateFiled with Secretary by Sen. Robert Peters
  2/9/2023SenateFirst Reading
  2/9/2023SenateReferred to Assignments
  2/22/2023SenateAdded as Co-Sponsor Sen. Mattie Hunter
  3/10/2023SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  2/22/2024SenateAdded as Co-Sponsor Sen. Javier L. Cervantes

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