Bill Text: IL SB1380 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1380 Detail]

Download: Illinois-2019-SB1380-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1380 Introduced 2/13/2019, by Sen. John G. Mulroe SYNOPSIS AS INTRODUCED:
720 ILCS 5/9-2 from Ch. 38, par. 9-2
Amends the Criminal Code of 2012. Provides that a person commits the offense of second degree murder when he or she commits any criminal act that causes or results in responsive actions by a first responder and that first responder is killed as a proximate cause of responding to that criminal act.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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 2012 is amended by changing
Section 9-2 as follows:
(720 ILCS 5/9-2) (from Ch. 38, par. 9-2)
Sec. 9-2. Second degree murder.
(a) A person commits the offense of second degree murder
when he or she commits the offense of first degree murder as
defined in paragraph (1) or (2) of subsection (a) of Section
9-1 of this Code and either of the following mitigating factors
are present:
(1) at the time of the killing he or she is acting
under a sudden and intense passion resulting from serious
provocation by the individual killed or another whom the
offender endeavors to kill, but he or she negligently or
accidentally causes the death of the individual killed; or
(2) at the time of the killing he or she believes the
circumstances to be such that, if they existed, would
justify or exonerate the killing under the principles
stated in Article 7 of this Code, but his or her belief is
unreasonable.
(a-5) A person commits the offense of second degree murder

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when he or she commits any criminal act that causes or results
in responsive actions by a first responder and that first
responder is killed as a proximate cause of responding to that
criminal act.
(b) Serious provocation is conduct sufficient to excite an
intense passion in a reasonable person provided, however, that
an action that does not otherwise constitute serious
provocation cannot qualify as serious provocation because of
the discovery, knowledge, or disclosure of the victim's sexual
orientation as defined in Section 1-103 of the Illinois Human
Rights Act.
(c) When evidence of either of the mitigating factors
defined in subsection (a) of this Section has been presented,
the burden of proof is on the defendant to prove either
mitigating factor by a preponderance of the evidence before the
defendant can be found guilty of second degree murder. The
burden of proof, however, remains on the State to prove beyond
a reasonable doubt each of the elements of first degree murder
and, when appropriately raised, the absence of circumstances at
the time of the killing that would justify or exonerate the
killing under the principles stated in Article 7 of this Code.
(d) Sentence. Second degree murder is a Class 1 felony.
(Source: P.A. 100-460, eff. 1-1-18.)