Bill Text: IL HB1144 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. In the offense of intentional homicide of an unborn child, eliminates the requirement that the defendant knew that the woman was pregnant.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1144 Detail]

Download: Illinois-2011-HB1144-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1144 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED:
720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2
Amends the Criminal Code of 1961. In the offense of intentional homicide of an unborn child, eliminates the requirement that the defendant knew that the woman was pregnant.
LRB097 05524 RLC 45585 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB1144 LRB097 05524 RLC 45585 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 9-1.2 as follows:
(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
Sec. 9-1.2. Intentional Homicide of an Unborn Child.
(a) A person commits the offense of intentional homicide of
an unborn child if, in performing acts which cause the death of
an unborn child, he without lawful justification:
(1) either intended to cause the death of or do great
bodily harm to the pregnant woman or her unborn child or
knew that such acts would cause death or great bodily harm
to the pregnant woman or her unborn child; or
(2) knew that his acts created a strong probability of
death or great bodily harm to the pregnant woman or her
unborn child. ; and
(3) knew that the woman was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from fertilization
until birth, and (2) "person" shall not include the pregnant
woman whose unborn child is killed.
(c) This Section shall not apply to acts which cause the

HB1144 - 2 - LRB097 05524 RLC 45585 b
death of an unborn child if those acts were committed during
any abortion, as defined in Section 2 of the Illinois Abortion
Law of 1975, as amended, to which the pregnant woman has
consented. This Section shall not apply to acts which were
committed pursuant to usual and customary standards of medical
practice during diagnostic testing or therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an
unborn child shall be the same as for first degree murder,
except that:
(1) the death penalty may not be imposed;
(2) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(4) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(e) The provisions of this Act shall not be construed to
prohibit the prosecution of any person under any other
provision of law.
(Source: P.A. 96-1000, eff. 7-2-10.)