Under current law, it is a class 1 felony as it pertains to first degree murder 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:
Moving the crime from first degree murder to second degree murder ;
- Requiring the death be caused by a participant;
- Repealing certain elements of the affirmative defense; and
- Changing the penalty from a class 1 felony to a class 2 felony that is subject to crime of violence sentencing .
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 amendments .
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)