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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5196
Introduced 2/1/2010, by Rep. Dan Brady SYNOPSIS AS INTRODUCED:
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720 ILCS 5/9-1.2 |
from Ch. 38, par. 9-1.2 |
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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.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5196 |
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LRB096 16198 RLC 31453 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 9-1.2 as follows:
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| (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
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| Sec. 9-1.2. Intentional Homicide of an Unborn Child.
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| (a) A person
commits the offense of intentional homicide of |
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| an unborn child if, in
performing acts which cause the death of |
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| an unborn child, he without lawful
justification:
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| (1) either intended to cause the death of or do great |
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| bodily harm to the
pregnant woman or her unborn child or |
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| knew that such acts would cause death
or great bodily harm |
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| to the pregnant woman or her unborn child; or
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| (2) he knew that his acts created a strong probability |
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| of death or great
bodily harm to the pregnant woman or her |
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| unborn child. ; and
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| (3) he knew that the woman was pregnant.
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| (b) For purposes of this Section, (1) "unborn child" shall |
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| mean any
individual of the human species from fertilization |
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| until birth, and (2)
"person" shall not include the pregnant |
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| woman whose unborn child is killed.
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| (c) This Section shall not apply to acts which cause the |
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HB5196 |
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LRB096 16198 RLC 31453 b |
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| death of an
unborn child if those acts were committed during |
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| any abortion, as defined
in Section 2 of the Illinois Abortion |
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| Law of 1975, as amended, to which the
pregnant woman has |
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| consented. This Section shall not apply to acts which
were |
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| committed pursuant to usual and customary standards of medical
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| practice during diagnostic testing or therapeutic treatment.
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| (d) Penalty. The sentence for intentional homicide of an |
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| unborn child
shall be the same as for first degree murder, |
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| except that:
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| (1) the death penalty may not be imposed;
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| (2) if the person committed the offense while armed |
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| with a firearm, 15
years shall be added to the term of |
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| imprisonment imposed by the court;
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| (3) if, during the commission of the offense, the |
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| person personally
discharged a firearm, 20 years shall be |
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| added to the term of imprisonment
imposed by the court;
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| (4) if, during the commission of the offense, the |
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| person personally
discharged a firearm that proximately |
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| caused great bodily harm, permanent
disability, permanent |
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| disfigurement, or death to another person, 25 years or up
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| to a term of natural life shall be added to the term of |
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| imprisonment imposed by
the court.
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| (e) The provisions of this Act shall not be construed to |
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| prohibit the
prosecution of any person under any other |
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| provision of law.
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| (Source: P.A. 91-404, eff. 1-1-00; revised 11-4-09.)
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