Illinois Senate Bill SB1788

Illinois 2025-2026 Regular Session

• Introduced: 2/6/25
• Refer: 2/6/25

Caption

FIRST AND SECOND DEGREE MURDER

Summary

SB1788 would revise Illinois homicide law by removing the felony murder rule from the first degree murder statute and moving that conduct into second degree murder. Under the bill, a person who commits or attempts a forcible felony and, during the crime or flight from it, causes a death would no longer be charged under the first degree murder felony-murder provision; instead, that conduct would be treated as second degree murder. The bill keeps the existing first degree murder provisions for intentional killings and killings done with knowledge of a strong probability of death or great bodily harm. The measure also preserves the current second degree murder framework for killings that would otherwise be first degree murder but are mitigated by serious provocation or an unreasonable belief in justification. In effect, SB1788 narrows first degree murder and expands second degree murder to include deaths arising from forcible felonies, while leaving the burden-shifting rules and mitigation defenses in second degree murder largely intact.

Impact

SB1788 would amend Sections 9-1 and 9-2 of the Illinois Criminal Code of 2012. Its main legal effect is to eliminate felony murder as a basis for first degree murder and reclassify that category of homicide as second degree murder when a death occurs during the commission or attempted commission of a forcible felony. This would affect prosecutors, defendants, courts, and sentencing outcomes by changing the offense level associated with deaths tied to underlying felonies such as robbery, burglary, or other forcible felonies.

Sentiment

Based on the bill text and the absence of recorded committee discussion or votes, there is no documented formal sentiment in the provided materials. The bill’s structure suggests a reform-oriented approach to narrowing murder liability, which typically draws support from criminal justice reform advocates and concern from prosecutors or public safety proponents. However, no explicit support or opposition is captured in the available transcript or voting history.

Contention

The central point of contention is the elimination of felony murder from first degree murder and the resulting reduction in charge severity for deaths occurring during forcible felonies. Supporters would likely view this as a fairness reform that limits the harshest murder penalty to intentional or highly culpable killings, while opponents would likely argue it weakens accountability for deaths caused during dangerous felonies and could reduce leverage in prosecuting serious violent crime. No specific stakeholder positions are provided in the available record.