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

 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
 


HB1102LRB102 03116 RLC 13129 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 


4 Section 5. The Criminal Code of 2012 is amended by 
5changing Section 9-1.2 as follows:




6 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)



7 Sec. 9-1.2. Intentional homicide of an unborn child. 

8 (a) A person
commits the
the offense of intentional 
9homicide of an unborn child if, in
performing acts which cause 
10the 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

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

18  (3) knew that the individual was pregnant.

19 (b) For purposes of this Section, (1) "unborn child" shall 
20mean any
individual of the human species from the implantation 
21of an embryo until birth, and (2)
"person" shall not include 
22the pregnant woman whose unborn child is killed.

23 (c) This Section shall not apply to acts which cause the 
 
 
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1death of an
unborn child if those acts were committed during 
2any abortion, as defined
in Section 1-10 of the Reproductive 
3Health Act, to which the
pregnant individual has consented. 
4This Section shall not apply to acts which
were committed 
5pursuant to usual and customary standards of medical
practice 
6during diagnostic testing or therapeutic treatment.

7 (d) Penalty. The sentence for intentional homicide of an 
8unborn child
shall be the same as for first degree murder, 
9except that:

10  (1) the death penalty may not be imposed;

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;

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;

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

21 to a term of natural life shall be added to the term of 
22 imprisonment imposed by
the court.

23 (e) The provisions of this Act shall not be construed to 
24prohibit the
prosecution of any person under any other 
25provision of law.

26(Source: P.A. 101-13, eff. 6-12-19.)