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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1102 Introduced , by Rep. Emanuel Chris Welch 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 2012. Makes a technical change in a Section
concerning intentional homicide of an unborn child.
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| | A BILL FOR |
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| | HB1102 | | LRB102 03116 RLC 13129 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Section 9-1.2 as follows:
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| 6 | | (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
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| 7 | | Sec. 9-1.2. Intentional homicide of an unborn child.
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| 8 | | (a) A person
commits the
the offense of intentional |
| 9 | | homicide of an unborn child if, in
performing acts which cause |
| 10 | | the death of 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 individual or unborn child or |
| 13 | | knew that such acts would cause death
or great bodily harm |
| 14 | | to the pregnant individual or unborn child; or
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| 15 | | (2) knew that his acts created a strong probability of |
| 16 | | death or great
bodily harm to the pregnant individual or |
| 17 | | unborn child; and
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| 18 | | (3) knew that the individual was pregnant.
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| 19 | | (b) For purposes of this Section, (1) "unborn child" shall |
| 20 | | mean any
individual of the human species from the implantation |
| 21 | | of an embryo until birth, and (2)
"person" shall not include |
| 22 | | the pregnant woman whose unborn child is killed.
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| 23 | | (c) This Section shall not apply to acts which cause the |
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| | HB1102 | - 2 - | LRB102 03116 RLC 13129 b |
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| 1 | | death of an
unborn child if those acts were committed during |
| 2 | | any abortion, as defined
in Section 1-10 of the Reproductive |
| 3 | | Health Act, to which the
pregnant individual has consented. |
| 4 | | This Section shall not apply to acts which
were committed |
| 5 | | pursuant to usual and customary standards of medical
practice |
| 6 | | during diagnostic testing or therapeutic treatment.
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| 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:
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| 10 | | (1) the death penalty may not be imposed;
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| 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;
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| 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;
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| 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
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| 21 | | to a term of natural life shall be added to the term of |
| 22 | | imprisonment imposed by
the court.
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| 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.
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| 26 | | (Source: P.A. 101-13, eff. 6-12-19.)
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