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SB 1788

FIRST AND SECOND DEGREE MURDER

104th Regular Session Introduced by Javier Cervantes and 7 co-sponsors

SB 1788 would end felony-murder as a basis for first-degree murder and reclassify killings during forcible felonies as second-degree murder.

Added as Co-Sponsor Sen. Javier L. Cervantes
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Bill Summary · SB 1788

Summary — SB 1788 (2025): First and Second Degree Murder

Status: Introduced Feb–Mar 2025; filed by Sen. Robert Peters; added co‑sponsors (including Sen. Javier L. Cervantes). Companion: HB 2217. Ultimately indefinitely postponed/withdrawn and died in committee (Regulated Industries) in mid‑2025.

Purpose / Intent

SB 1788 would amend Illinois’s Criminal Code (720 ILCS 5/Sections 9‑1 and 9‑2) to remove the statutory “felony‑murder” rule from the first‑degree murder provision and to treat killings that occur in the course of certain forcible felonies as second‑degree murder instead.

Key provisions and changes

  • Removes the felony‑murder clause from Section 9‑1 (First Degree Murder). In current statutory language, killing that occurs during the commission of a forcible felony can be charged as first‑degree murder. SB 1788 deletes that basis for first‑degree murder.
  • Explicitly provides in Section 9‑2 (Second Degree Murder) that a person commits second‑degree murder when, acting alone or with others, they commit or attempt to commit a forcible felony (other than first‑degree murder) and, in the course of or in furtherance of the crime or flight, they or another participant cause the death of a person (other than one of the participants).
  • Leaves other statutory provisions about intent, mitigating factors, and the definition of second‑degree murder (including the two mitigating circumstances in current 9‑2(a)(2)) intact where shown in the bill text.
  • Retains the statutory designation that second‑degree murder is a Class 1 felony (720 ILCS 5/9‑2(d) as cited).

Who would be affected

  • Defendants charged with killings that occur during the commission of a forcible felony: such conduct would be prosecutable as second‑degree murder under this bill rather than as first‑degree murder.
  • Prosecutors and criminal defense attorneys: charging decisions, plea negotiations, and trial strategies could shift because the statutory degree of murder available would change.
  • Courts and sentencing authorities: case outcomes and sentencing exposures could change because the statutory degree (and thereby applicable sentencing framework) differs between first and second degree murder.
  • Victims’ families and public safety stakeholders: changes could affect perceived accountability and sentencing results for homicides tied to forcible felonies.

Procedural / Timeline notes

  • Introduced and filed in February 2025 by Sen. Robert Peters (first reading and assignment occurred in early February 2025).
  • Referred to multiple committees (Assignments; Criminal Justice; Regulated Industries; Appropriations; Fiscal Policy) and gathered several co‑sponsors in March–April 2025.
  • Legislative actions show the bill was read and considered but then was indefinitely postponed and withdrawn from consideration (May 3, 2025) and later listed as died in the Regulated Industries committee (June 16, 2025). As of those actions, the bill did not advance into law.

Practical effect

If enacted, SB 1788 would effectively end the use of felony‑murder as a basis for first‑degree murder convictions in Illinois and reclassify most felony‑related killings as second‑degree murder under the Criminal Code, altering charging and sentencing dynamics for homicide cases arising from forcible felonies.

Compiled from official sources — confirm details with the bill’s official record.

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