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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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