093_HB3369

 
                                     LRB093 09636 RLC 09874 b

 1        AN ACT in relation to criminal law.

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


 4        Section 5.  The Unified Code of Corrections is amended by
 5    adding Section 5-2-7 as follows:

 6        (730 ILCS 5/5-2-7 new)
 7        Sec. 5-2-7.  Fitness to be executed.
 8        (a) A person is unfit to be executed  if  the  person  is
 9    mentally   retarded.   For  the  purposes  of  this  Section,
10    "mentally retarded" means:
11             (1)  having   significantly   sub-average    general
12        intellectual  functioning  as  evidenced  by a functional
13        intelligence quotient (I.Q.) of 70 or below; and
14             (2)  having deficits in adaptive behavior.
15        The mental retardation must have been  manifested  during
16    the developmental period, or by 18 years of age.
17        (b)  The question of fitness to be executed may be raised
18    after  pronouncement of the death sentence. The procedure for
19    raising and deciding the question shall be the same  as  that
20    provided  for raising and deciding the question of fitness to
21    stand trial subject to the following specific provisions:
22             (1)  the question shall be raised by motion filed in
23        the sentencing court;
24             (2)  the question shall be decided by the court;
25             (3)  the burden of  proving  that  the  offender  is
26        unfit to be executed is on the offender;
27             (4)  if   the  offender  is  found  to  be  mentally
28        retarded, the  court  must  resentence  the  offender  to
29        natural  life imprisonment under Chapter V of the Unified
30        Code of Corrections.