Under current law, it is a class 1 felony if a person commits or attempts to commit certain specified felonies and the death of a person, other than one of the participants, is caused by anyone during the crime. The bill changes the current law by:
- Requiring the death be caused by a participant;
- Repealing certain elements of the affirmative defense;
- Changing the penalty from a class 1 felony to a class 2 felony;
- Clarifying that a court shall sentence a defendant to a definite sentence within the aggravated range when the court finds certain aggravating circumstances; and
- Requiring the fact finder to make specific findings of fact in order for the defendant to be subject to a mandatory sentence as a crime of violence.
The bill makes conforming changes to sentencing provisions for felony murder committed by a juvenile who was convicted as an adult.
- Became law (04/26/2021)