Changes To Felony Murder
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 act changes the current law by:
- Moving the crime from first degree murder to second degree murder and changing the penalty from a class 1 felony to a class 2 felony that is subject to crime of violence sentencing;
- Requiring the death be caused by a participant; and
- Repealing certain elements of the affirmative defense.
(Note: This summary applies to this bill as enacted.)