Bob Berlin Testifies In Opposition of Decriminalizing Felony Murder

DuPage County State’s Attorney Bob Berlin testifies in a hearing before the Illinois House of Representatives Judiciary Criminal Committee on November 13th.

On November 13 in Springfield, DuPage County State’s Bob Berlin appeared before the Illinois House of Representatives’ Judiciary Criminal Committee in opposition of a bill that essentially seeks to decriminalize “felony murder.” The bill, House Bill 1615, would prevent prosecutors from charging felony murder unless it can be proven that the defendant knew that a co-defendant would engage in conduct that would result in death or great bodily harm to the victim. In effect, this law would result in the abolition of the felony murder rule in Illinois.

For context, felony murder can be charged in a case where defendants commit a forcible felony offense, e.g. armed robbery or aggravated battery with a firearm, and during the commission of that offense, one of the offenders, or any third party, dies. If surviving offenders are apprehended, and the facts support the charge, those offenders can be charged with felony murder related to the death or deaths that occurred as a direct result of their crime or attempted crime.

Bob appeared not only in his capacity as the DuPage County State’s Attorney, but also on behalf of the Illinois State’s Attorney’s Association; representing prosecutors from across the state.

In his testimony, Bob stated the Illinois Supreme Court has long held that it is sound public policy to hold that when a felon’s attempt to commit a forcible felony sets in motion a chain of events which were or should have been contemplated when the motion was initiated, he or she should be held responsible for any death which by direct, and almost inevitable, sequence results from the initial criminal act. Bob reiterated that it is the inherent level of danger of forcible felonies that differentiates them from non-forcible felonies.

If passed, this bill would upend more than 150 years of established Illinois law, and violent criminals will literally get away with murder. The cost to society will be immense, as murders have an enormous social cost to communities. Public safety in Illinois will pay a heavy price if this legislation passes.

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