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91_HB1096
LRB9104146RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 9-2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 9-2 as follows:
7 (720 ILCS 5/9-2) (from Ch. 38, par. 9-2)
8 Sec. 9-2. Second Degree Murder. (a) A person commits the
9 offense of second degree murder when he or she commits the
10 offense of first degree murder as defined in paragraphs (1)
11 or (2) of subsection (a) of Section 9-1 of this Code and
12 either of the following mitigating factors are present:
13 (1) At the time of the killing he is acting under a
14 sudden and intense passion resulting from serious provocation
15 by the individual killed or another whom the offender
16 endeavors to kill, but he negligently or accidentally causes
17 the death of the individual killed; or
18 (2) At the time of the killing he believes the
19 circumstances to be such that, if they existed, would justify
20 or exonerate the killing under the principles stated in
21 Article 7 of this Code, but his belief is unreasonable.
22 (b) Serious provocation is conduct sufficient to excite
23 an intense passion in a reasonable person.
24 (c) When a defendant is on trial for first degree murder
25 and evidence of either of the mitigating factors defined in
26 subsection (a) of this Section has been presented, the burden
27 of proof is on the defendant to prove either mitigating
28 factor by a preponderance of the evidence before the
29 defendant can be found guilty of second degree murder.
30 However, the burden of proof remains on the State to prove
31 beyond a reasonable doubt each of the elements of first
-2- LRB9104146RCks
1 degree murder and, when appropriately raised, the absence of
2 circumstances at the time of the killing that would justify
3 or exonerate the killing under the principles stated in
4 Article 7 of this Code. In a jury trial for first degree
5 murder in which evidence of either of the mitigating factors
6 defined in subsection (a) of this Section has been presented
7 and the defendant has requested that the jury be given the
8 option of finding the defendant guilty of second degree
9 murder, the jury must be instructed that it may not consider
10 whether the defendant has met his burden of proof with regard
11 to second degree murder until and unless it has first
12 determined that the State has proven beyond a reasonable
13 doubt each of the elements of first degree murder.
14 (d) Sentence.
15 Second Degree Murder is a Class 1 felony.
16 (Source: P.A. 84-1450.)