100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1733

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/119-5  from Ch. 38, par. 119-5

    Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning to the execution of a death sentence.


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A BILL FOR

 

HB1733LRB100 03319 SLF 13324 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 119-5 as follows:
 
6    (725 ILCS 5/119-5)  (from Ch. 38, par. 119-5)
7    Sec. 119-5. Execution of Death Sentence.
8    (a)(1) A defendant sentenced to death shall be executed by
9    an intravenous administration of a lethal quantity of an
10    ultrashort-acting barbiturate in combination with a
11    chemical paralytic agent and and potassium chloride or
12    other equally effective substances sufficient to cause
13    death until death is pronounced by a coroner who is not a
14    licensed physician.
15        (2) If the execution of the sentence of death as
16    provided in paragraph (1) is held illegal or
17    unconstitutional by a reviewing court of competent
18    jurisdiction, the sentence of death shall be carried out by
19    electrocution.
20    (b) In pronouncing the sentence of death the court shall
21set the date of the execution which shall be not less than 60
22nor more than 90 days from the date sentence is pronounced.
23    (c) A sentence of death shall be executed at a Department

 

 

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1of Corrections facility.
2    (d) The warden of the penitentiary shall supervise such
3execution, which shall be conducted in the presence of 6
4witnesses who shall certify the execution of the sentence. The
5certification shall be filed with the clerk of the court that
6imposed the sentence.
7    (d-5) The Department of Corrections shall not request,
8require, or allow a health care practitioner licensed in
9Illinois, including but not limited to physicians and nurses,
10regardless of employment, to participate in an execution.
11    (e) Except as otherwise provided in this subsection (e),
12the identity of executioners and other persons who participate
13or perform ancillary functions in an execution and information
14contained in records that would identify those persons shall
15remain confidential, shall not be subject to disclosure, and
16shall not be admissible as evidence or be discoverable in any
17action of any kind in any court or before any tribunal, board,
18agency, or person. In order to protect the confidentiality of
19persons participating in an execution, the Director of
20Corrections may direct that the Department make payments in
21cash for such services. In confidential investigations by the
22Department of Professional Regulation, the Department of
23Corrections shall disclose the names and license numbers of
24health care practitioners participating or performing
25ancillary functions in an execution to the Department of
26Professional Regulation and the Department of Professional

 

 

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1Regulation shall forward those names and license numbers to the
2appropriate disciplinary boards.
3    (f) The amendatory changes to this Section made by this
4amendatory Act of 1991 are severable under Section 1.31 of the
5Statute on Statutes.
6    (g) (Blank).
7    (h) Notwithstanding any other provision of law, any
8pharmaceutical supplier is authorized to dispense drugs to the
9Director of Corrections or his or her designee, without
10prescription, in order to carry out the provisions of this
11Section.
12    (i) The amendatory changes to this Section made by this
13amendatory Act of the 93rd General Assembly are severable under
14Section 1.31 of the Statute on Statutes.
15(Source: P.A. 93-379, eff. 7-24-03.)