Full Text of HB1144 97th General Assembly
HB1144 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1144 Introduced 02/07/11, by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
| 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 | |
| | A BILL FOR |
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| | | HB1144 | | LRB097 05524 RLC 45585 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Section 9-1.2 as follows:
| 6 | | (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
| 7 | | Sec. 9-1.2. Intentional Homicide of an Unborn Child.
| 8 | | (a) A person
commits the offense of intentional homicide of | 9 | | an unborn child if, in
performing acts which cause the death of | 10 | | an unborn child, he without lawful
justification:
| 11 | | (1) either intended to cause the death of or do great | 12 | | bodily harm to the
pregnant woman or her unborn child or | 13 | | knew that such acts would cause death
or great bodily harm | 14 | | to the pregnant woman or her unborn child; or
| 15 | | (2) knew that his acts created a strong probability of | 16 | | death or great
bodily harm to the pregnant woman or her | 17 | | unborn child . ; and
| 18 | | (3) knew that the woman was pregnant.
| 19 | | (b) For purposes of this Section, (1) "unborn child" shall | 20 | | mean any
individual of the human species from fertilization | 21 | | until birth, and (2)
"person" shall not include the pregnant | 22 | | woman whose unborn child is killed.
| 23 | | (c) This Section shall not apply to acts which cause the |
| | | HB1144 | - 2 - | LRB097 05524 RLC 45585 b |
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| 1 | | death of an
unborn child if those acts were committed during | 2 | | any abortion, as defined
in Section 2 of the Illinois Abortion | 3 | | Law of 1975, as amended, to which the
pregnant woman has | 4 | | consented. This Section shall not apply to acts which
were | 5 | | committed pursuant to usual and customary standards of medical
| 6 | | practice during diagnostic testing or therapeutic treatment.
| 7 | | (d) Penalty. The sentence for intentional homicide of an | 8 | | unborn child
shall be the same as for first degree murder, | 9 | | except that:
| 10 | | (1) the death penalty may not be imposed;
| 11 | | (2) if the person committed the offense while armed | 12 | | with a firearm, 15
years shall be added to the term of | 13 | | imprisonment imposed by the court;
| 14 | | (3) if, during the commission of the offense, the | 15 | | person personally
discharged a firearm, 20 years shall be | 16 | | added to the term of imprisonment
imposed by the court;
| 17 | | (4) if, during the commission of the offense, the | 18 | | person personally
discharged a firearm that proximately | 19 | | caused great bodily harm, permanent
disability, permanent | 20 | | disfigurement, or death to another person, 25 years or up
| 21 | | to a term of natural life shall be added to the term of | 22 | | imprisonment imposed by
the court.
| 23 | | (e) The provisions of this Act shall not be construed to | 24 | | prohibit the
prosecution of any person under any other | 25 | | provision of law.
| 26 | | (Source: P.A. 96-1000, eff. 7-2-10.)
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