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

HB1102- 2 -LRB102 03116 RLC 13129 b
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.)