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IL HB5196
Bill
Status
2/1/2010
Primary Sponsor
Dan Brady
Click for details
AI Summary
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Amends Section 9-1.2 of the Criminal Code of 1961 regarding intentional homicide of an unborn child by eliminating the requirement that the defendant knew the woman was pregnant.
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Removes the third condition that previously required proof the defendant knew of the pregnancy, leaving only two conditions: intent to cause death or great bodily harm, or knowledge that acts created a strong probability of such harm.
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Defines "unborn child" as any individual of the human species from fertilization until birth and excludes the pregnant woman from being considered a "person" under this offense.
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Exempts acts committed during consensual abortion procedures and acts committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
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Penalties remain the same as first degree murder except death penalty is prohibited, with enhanced sentences for crimes committed while armed with or personally discharging a firearm.
Legislative Description
CRIM CD-HOMICIDE UNBORN
Last Action
Rule 19(a) / Re-referred to Rules Committee
3/15/2010