Changes To Felony Murder

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. The bill:

• Requires the death be caused by a participant;
• Repeals certain elements of the affirmative defense;
• Changes the penalty from a class 1 felony to a class 2 felony;
• Clarifies that a court shall sentence a defendant to a definite sentence within the aggravated range when the court finds certain aggravating circumstances; and
• Provides for a defendant to be subject to a mandatory sentence as a crime of violence if the fact finder makes specific findings of fact.
  (Note: This summary applies to this bill as introduced.)