Illinois Senate Bill 2078

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Spectrum: Partisan Bill (Democrat 4-0)
Status: Introduced on February 9 2023 - 25% progression
Action: 2024-02-22 - Added as Co-Sponsor Sen. Javier L. Cervantes
Pending: Senate Assignments Committee
Text: Latest bill text (Introduced) [HTML]

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.

FIRST AND SECOND DEGREE MURDER

Sen. Robert Peters [D]

Sen. Mattie Hunter [D]

Sen. Napoleon Harris [D]

Sen. Javier Cervantes [D]

Date	Chamber	Action
2024-02-22	Senate	Added as Co-Sponsor Sen. Javier L. Cervantes
2023-03-10	Senate	Added as Co-Sponsor Sen. Napoleon Harris, III
2023-02-22	Senate	Added as Co-Sponsor Sen. Mattie Hunter
2023-02-09	Senate	Referred to Assignments
2023-02-09	Senate	First Reading
2023-02-09	Senate	Filed with Secretary by Sen. Robert Peters

Chapter	Article	Section	Citation Type	Statute Text
720	5	9-1	Amended Code	Citation Text
720	5	9-2	Amended Code	Citation Text
735	5	2-1401	Amended Code	Citation Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2078&GAID=17&DocTypeID=SB&SessionID=112&GA=103
Text	https://www.ilga.gov/legislation/103/SB/10300SB2078.htm