093_HB1487

 
                                     LRB093 07664 AMC 07844 b

 1        AN ACT concerning executions.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Medical Practice Act of 1987 is  amended
 5    by changing Section 4 as follows:

 6        (225 ILCS 60/4) (from Ch. 111, par. 4400-4)
 7        Sec. 4.  Exemptions.
 8        (a)  This Act does not apply to the following:
 9             (1)  persons  lawfully  carrying on their particular
10        profession  or  business   under   any   valid   existing
11        regulatory Act of this State;
12             (2)  persons  rendering gratuitous services in cases
13        of emergency; or
14             (3)  persons treating human ailments  by  prayer  or
15        spiritual  means as an exercise or enjoyment of religious
16        freedom.
17        (b)  (Blank) Section 22 of this Act  does  not  apply  to
18    persons  who  carry  out or assist in the implementation of a
19    court order effecting the provisions of Section 119-5 of  the
20    Code of Criminal Procedure of 1963.
21    (Source: P.A. 89-8, eff. 3-21-95.)

22        Section   10.   The Code of Criminal Procedure of 1963 is
23    amended by changing Section 119-5 as follows:

24        (725 ILCS 5/119-5) (from Ch. 38, par. 119-5)
25        Sec. 119-5.  Execution of Death Sentence.
26        (a)(1) A defendant sentenced to death shall  be  executed
27        by  an intravenous administration of a lethal quantity of
28        an ultrashort-acting barbiturate in  combination  with  a
29        chemical  paralytic agent and potassium chloride or other
 
                            -2-      LRB093 07664 AMC 07844 b
 1        equally effective substances sufficient  to  cause  death
 2        until  death  is  pronounced  by  a  coroner who is not a
 3        licensed physician according  to  accepted  standards  of
 4        medical practice.
 5             (2)  If  the  execution  of the sentence of death as
 6        provided  in   paragraph   (1)   is   held   illegal   or
 7        unconstitutional   by  a  reviewing  court  of  competent
 8        jurisdiction, the sentence of death shall be carried  out
 9        by electrocution.
10        (b)  In pronouncing the sentence of death the court shall
11    set the date of the execution which shall be not less than 60
12    nor more than 90 days from the date sentence is pronounced.
13        (c)  A   sentence   of  death  shall  be  executed  at  a
14    Department of Corrections facility.
15        (d)  The warden of the penitentiary shall supervise  such
16    execution,  which  shall  be  conducted  in the presence of 6
17    witnesses who shall certify the execution  of  the  sentence.
18    The  certification shall be filed with the clerk of the court
19    that imposed the sentence.
20        (d-5) The Department of Corrections  shall  not  request,
21    require,  or  allow  a  health  care practitioner licensed in
22    Illinois, including but not limited to physicians and nurses,
23    regardless of employment, to participate in an execution.
24        (e)  Except as otherwise provided in this subsection (e),
25    the  identity  of  executioners   and   other   persons   who
26    participate  or  perform  ancillary functions in an execution
27    and information contained  in  records  that  would  identify
28    those persons shall remain confidential, shall not be subject
29    to  disclosure, and shall not be admissible as evidence or be
30    discoverable in any action of any kind in any court or before
31    any tribunal, board, agency, or person. In order  to  protect
32    the confidentiality of persons participating in an execution,
33    the  Director  of  Corrections may direct that the Department
34    make payments in cash  for  such  services.  In  confidential
 
                            -3-      LRB093 07664 AMC 07844 b
 1    investigations  by the Department of Professional Regulation,
 2    the Department of Corrections shall disclose  the  names  and
 3    license numbers of health care practitioners participating or
 4    performing   ancillary  functions  in  an  execution  to  the
 5    Department of Professional Regulation and the  Department  of
 6    Professional Regulation shall forward those names and license
 7    numbers to the appropriate disciplinary boards.
 8        (f)  The  amendatory changes to this Section made by this
 9    amendatory Act of 1991 are severable under  Section  1.31  of
10    the Statute on Statutes.
11        (g)  (Blank)  Notwithstanding any other provision of law,
12    assistance, participation in, or the performance of ancillary
13    or other functions pursuant to this  Section,  including  but
14    not  limited to the administration of the lethal substance or
15    substances required by this Section, shall not  be  construed
16    to constitute the practice of medicine.
17        (h)  Notwithstanding  any  other  provision  of  law, any
18    pharmacist  or  pharmaceutical  supplier  is  authorized   to
19    dispense  drugs  to the Director of Corrections or his or her
20    designee, without prescription, in order  to  carry  out  the
21    provisions of this Section.
22        (i)  The  amendatory changes to this Section made by this
23    amendatory Act of the 93rd  General  Assembly  are  severable
24    under Section 1.31 of the Statute on Statutes.
25    (Source: P.A. 89-8, eff. 3-21-95.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.