Under the felony murder rule, a person can be convicted of first-degree murder if they participate in a forcible felony, such as robbery, that results in another person’s death. Typical cases involve multiple people, and those with minimal roles in the underlying offense, such as getaway drivers, are charged and punished as if they actually caused the death. This bill curtails excessive sentencing by reclassifying felony murder from first-degree to second-degree murder.

• The felony murder rule does not differentiate between accomplices and principals. It is used extensively against accomplices such as lookouts or getaway drivers, despite their minimal involvement in the underlying offense.

• There is currently no mechanism for prosecutors to charge accomplices involved in felony murder cases differently than those who actually killed another person.

• S.B. 2078/HB 3381 aligns Illinois with a growing number of jurisdictions addressing the harm of the felony murder rule by shifting it from first to second-degree murder.

• Under SB 2078/HB 3381, prosecutors can consider the extent of a person’s involvement when making charging decisions. They may charge an accomplice with second-degree murder while retaining their right to charge principals with first-degree murder.

• Each of the hundreds of people convicted under the current law are over-incarcerated, collectively and unnecessarily costing Illinois hundreds of millions of dollars.