SB 2078 Illinois Senate · 103rd Regular Session

FIRST AND SECOND DEGREE MURDER

Summary
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.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Floor Vote
Governor
Introduced Feb 9, 2023 Last action Feb 22, 2024
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
6
Key actions
0
Committee
1
Feb 9, 2023
Committee
Referred to Assignments
lower
1 primary · 3 co-sponsors

Sponsors