IL HB5413

Adds a new affirmative defense to first degree murder charges when the victim had a documented history or pattern of physically abusing the defendant and both parties were family or household members as defined in the Illinois Domestic Violence Act of 1986.

Establishes that conduct meeting the first degree murder definition with the abuse defense present constitutes second degree murder instead.

Adds a new mitigating factor for second degree murder when the defendant had a documented history or pattern of being physically abused by the victim and both parties were family or household members as defined in the Illinois Domestic Violence Act of 1986.

Modifies the second degree murder statute to include the new abuse-related mitigating factor alongside existing factors of sudden and intense passion and unreasonable belief in justifying circumstances.