093_HB3371

 
                                     LRB093 09620 RLC 09858 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  Criminal  Code  of  1961  is amended by
 5    changing Section 9-1 as follows:

 6        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
 7        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
 8    Exceptions - Separate Hearings - Proof - Findings - Appellate
 9    procedures - Reversals.
10        (a)  A person who  kills  an  individual  without  lawful
11    justification  commits  first degree murder if, in performing
12    the acts which cause the death:
13             (1)  he either intends to kill or  do  great  bodily
14        harm  to  that  individual or another, or knows that such
15        acts will cause death to that individual or another; or
16             (2)  he  knows  that  such  acts  create  a   strong
17        probability  of  death  or  great  bodily  harm  to  that
18        individual or another; or
19             (3)  he  is  attempting  or  committing  a  forcible
20        felony other than second degree murder.
21        (b)  Aggravating Factors.  A defendant who at the time of
22    the  commission  of the offense has attained the age of 18 or
23    more and who has been found guilty of first degree murder may
24    be sentenced to death if:
25             (1)  the murdered individual was a peace officer  or
26        fireman  killed  in the course of performing his official
27        duties,  to  prevent  the  performance  of  his  official
28        duties, or in retaliation  for  performing  his  official
29        duties,  and the defendant knew or should have known that
30        the murdered individual was a peace officer  or  fireman;
31        or
 
                            -2-      LRB093 09620 RLC 09858 b
 1             (2)  the  murdered  individual was an employee of an
 2        institution or facility of the Department of Corrections,
 3        or any similar local correctional agency, killed  in  the
 4        course  of performing his official duties, to prevent the
 5        performance of his official duties, or in retaliation for
 6        performing  his  official   duties,   or   the   murdered
 7        individual  was an inmate at such institution or facility
 8        and was killed on the grounds thereof,  or  the  murdered
 9        individual  was  otherwise present in such institution or
10        facility with the knowledge and  approval  of  the  chief
11        administrative officer thereof; or
12             (3)  the  defendant  has been convicted of murdering
13        two or more individuals  under  subsection  (a)  of  this
14        Section  or  under any law of the United States or of any
15        state which is substantially similar to subsection (a) of
16        this Section regardless  of whether the  deaths  occurred
17        as  the  result  of the same act or of several related or
18        unrelated acts so long as the deaths were the  result  of
19        either  an  intent  to  kill  more  than one person or of
20        separate acts which the defendant knew would cause  death
21        or  create  a strong probability of death or great bodily
22        harm to the murdered individual or another; or
23             (4)  the murdered individual was killed as a  result
24        of  the  hijacking  of  an  airplane, train, ship, bus or
25        other public conveyance; or
26             (5)  the defendant committed the murder pursuant  to
27        a contract, agreement or understanding by which he was to
28        receive   money  or  anything  of  value  in  return  for
29        committing the murder or procured another to  commit  the
30        murder for money or anything of value; or
31             (6)  the  murdered  individual  was  killed  in  the
32        course of another felony if:
33                  (a)  the murdered individual:
34                       (i)  was actually killed by the defendant,
 
                            -3-      LRB093 09620 RLC 09858 b
 1                  or
 2                       (ii)  received      physical      injuries
 3                  personally    inflicted    by   the   defendant
 4                  substantially contemporaneously  with  physical
 5                  injuries  caused  by  one  or  more persons for
 6                  whose  conduct   the   defendant   is   legally
 7                  accountable under Section 5-2 of this Code, and
 8                  the  physical  injuries inflicted by either the
 9                  defendant or the other person  or  persons  for
10                  whose  conduct he is legally accountable caused
11                  the death of the murdered individual; and
12                  (b)  in performing the acts  which  caused  the
13             death  of  the murdered individual or which resulted
14             in physical injuries  personally  inflicted  by  the
15             defendant  on  the  murdered  individual  under  the
16             circumstances  of  subdivision  (ii) of subparagraph
17             (a) of paragraph  (6)  of  subsection  (b)  of  this
18             Section, the defendant acted with the intent to kill
19             the  murdered  individual or with the knowledge that
20             his acts created a strong probability  of  death  or
21             great  bodily  harm  to  the  murdered individual or
22             another; and
23                  (c)  the other felony was one of the following:
24             armed robbery, armed  violence,  robbery,  predatory
25             criminal  sexual  assault  of  a  child,  aggravated
26             criminal   sexual  assault,  aggravated  kidnapping,
27             aggravated vehicular hijacking, forcible  detention,
28             arson,   aggravated   arson,   aggravated  stalking,
29             burglary,  residential  burglary,   home   invasion,
30             calculated  criminal  drug  conspiracy as defined in
31             Section 405 of the  Illinois  Controlled  Substances
32             Act,  streetgang criminal drug conspiracy as defined
33             in  Section  405.2  of   the   Illinois   Controlled
34             Substances  Act, or the attempt to commit any of the
 
                            -4-      LRB093 09620 RLC 09858 b
 1             felonies listed in this subsection (c); or
 2             (7)  the murdered individual was under 12  years  of
 3        age  and  the death resulted from exceptionally brutal or
 4        heinous behavior indicative of wanton cruelty; or
 5             (8)  the defendant committed the murder with  intent
 6        to prevent the murdered individual from testifying in any
 7        criminal prosecution or giving material assistance to the
 8        State in any investigation or prosecution, either against
 9        the  defendant or another; or the defendant committed the
10        murder because the murdered individual was a  witness  in
11        any  prosecution or gave material assistance to the State
12        in any investigation or prosecution, either  against  the
13        defendant or another; or
14             (9)  the  defendant,  while  committing  an  offense
15        punishable  under Sections 401, 401.1, 401.2, 405, 405.2,
16        407 or 407.1 or subsection (b)  of  Section  404  of  the
17        Illinois Controlled Substances Act, or while engaged in a
18        conspiracy   or  solicitation  to  commit  such  offense,
19        intentionally  killed   an   individual   or   counseled,
20        commanded,  induced,  procured  or caused the intentional
21        killing of the murdered individual; or
22             (10)  the   defendant   was   incarcerated   in   an
23        institution or facility of the Department of  Corrections
24        at  the  time  of  the  murder,  and  while committing an
25        offense punishable as a felony  under  Illinois  law,  or
26        while  engaged  in a conspiracy or solicitation to commit
27        such  offense,  intentionally  killed  an  individual  or
28        counseled, commanded, induced,  procured  or  caused  the
29        intentional killing of the murdered individual; or
30             (11)  the murder was committed in a cold, calculated
31        and  premeditated manner pursuant to a preconceived plan,
32        scheme or design to take a human life by unlawful  means,
33        and  the  conduct  of  the defendant created a reasonable
34        expectation that the death of a human being would  result
 
                            -5-      LRB093 09620 RLC 09858 b
 1        therefrom; or
 2             (12)  the   murdered  individual  was  an  emergency
 3        medical  technician  -   ambulance,   emergency   medical
 4        technician - intermediate, emergency medical technician -
 5        paramedic,  ambulance driver, or other medical assistance
 6        or first aid personnel, employed  by  a  municipality  or
 7        other   governmental   unit,  killed  in  the  course  of
 8        performing  his   official   duties,   to   prevent   the
 9        performance of his official duties, or in retaliation for
10        performing his official duties, and the defendant knew or
11        should  have  known  that  the murdered individual was an
12        emergency  medical  technician  -  ambulance,   emergency
13        medical  technician  -  intermediate,  emergency  medical
14        technician   -  paramedic,  ambulance  driver,  or  other
15        medical assistance or first aid personnel; or
16             (13)  the defendant was a  principal  administrator,
17        organizer,  or  leader  of  a  calculated  criminal  drug
18        conspiracy  consisting  of  a  hierarchical  position  of
19        authority  superior  to  that of all other members of the
20        conspiracy,  and  the  defendant  counseled,   commanded,
21        induced,  procured,  or caused the intentional killing of
22        the murdered person; or
23             (14)  the murder was intentional  and  involved  the
24        infliction  of  torture.  For the purpose of this Section
25        torture means the infliction of or subjection to  extreme
26        physical  pain,  motivated  by  an  intent to increase or
27        prolong the pain, suffering or agony of the victim; or
28             (15)  the murder was committed as a  result  of  the
29        intentional  discharge of a firearm by the defendant from
30        a motor vehicle and the victim was not present within the
31        motor vehicle; or
32             (16)  the murdered individual was 60 years of age or
33        older and the death resulted from exceptionally brutal or
34        heinous behavior indicative of wanton cruelty; or
 
                            -6-      LRB093 09620 RLC 09858 b
 1             (17)  the murdered individual was a disabled  person
 2        and  the  defendant  knew  or  should have known that the
 3        murdered individual was disabled.  For purposes  of  this
 4        paragraph  (17),  "disabled  person"  means  a person who
 5        suffers from a permanent physical  or  mental  impairment
 6        resulting from disease, an injury, a functional disorder,
 7        or   a  congenital  condition  that  renders  the  person
 8        incapable of adequately providing  for  his  or  her  own
 9        health or personal care; or
10             (18)  the  murder  was  committed  by  reason of any
11        person's activity as a community policing volunteer or to
12        prevent  any  person  from  engaging  in  activity  as  a
13        community policing volunteer; or
14             (19)  the murdered  individual  was  subject  to  an
15        order  of  protection  and  the murder was committed by a
16        person against whom the  same  order  of  protection  was
17        issued  under the Illinois Domestic Violence Act of 1986;
18        or
19             (20)  the  murdered  individual  was  known  by  the
20        defendant to be a teacher or other person employed in any
21        school and the teacher or  other  employee  is  upon  the
22        grounds  of  a school or grounds adjacent to a school, or
23        is in any part of a building used for school purposes; or
24             (21)  the murder was committed by the  defendant  in
25        connection  with  or  as  a  result  of  the  offense  of
26        terrorism as defined in Section 29D-30 of this Code.
27          (c)  Consideration of accomplice or informant testimony
28    and factors in Aggravation and Mitigation.
29        when  the sentence of death is being sought by the State,
30    the court shall consider,  or  shall  instruct  the  jury  to
31    consider  that the testimony of an accomplice or incarcerated
32    informant who may provide evidence against  a  defendant  for
33    pay,  immunity from punishment, or personal advantage must be
34    examined and weighed with greater care than the testimony  of
 
                            -7-      LRB093 09620 RLC 09858 b
 1    an  ordinary  witness.  Whether the accomplice or informant's
 2    testimony has been affected by interest or prejudice  against
 3    the   defendant   must   be   determined.   In   making   the
 4    determination,   the  jury  must  consider  (i)  whether  the
 5    accomplice or incarcerated informant has  received  anything,
 6    including   pay,   immunity  from  prosecution,  leniency  in
 7    prosecution,  or  personal   advantage,   in   exchange   for
 8    testimony,  (ii)  any  other  case in which the accomplice or
 9    informant  testified  or  offered   statements   against   an
10    individual  but  was  not  called, and whether the statements
11    were admitted in the case,  and  whether  the  accomplice  or
12    informant  received any deal, promise, inducement, or benefit
13    in exchange for that testimony or  statement,  (iii)  whether
14    the  accomplice  or  informant  has  ever  changed his or her
15    testimony, (iv) the criminal history  of  the  accomplice  or
16    informant,  and  (v)  any  other  evidence  relevant  to  the
17    credibility  of  the accomplice or informant. aggravating and
18    any mitigating factors which are relevant to  the  imposition
19    of  the  death  penalty.  Aggravating factors may include but
20    need not be limited to those factors set forth in  subsection
21    (b).  Mitigating  factors may include but need not be limited
22    to the following:
23             (1)  the defendant has  no  significant  history  of
24        prior criminal activity;
25             (2)  the  murder  was  committed while the defendant
26        was under the influence of extreme  mental  or  emotional
27        disturbance, although not such as to constitute a defense
28        to prosecution;
29             (3)  the  murdered  individual  was a participant in
30        the defendant's homicidal conduct  or  consented  to  the
31        homicidal act;
32             (4)  the  defendant  acted  under  the compulsion of
33        threat or menace of the imminent infliction of  death  or
34        great bodily harm;
 
                            -8-      LRB093 09620 RLC 09858 b
 1             (5)  the defendant was not personally present during
 2        commission of the act or acts causing death.
 3        (d)  Separate sentencing hearing.
 4        Where  requested  by the State, the court shall conduct a
 5    separate sentencing proceeding to determine the existence  of
 6    factors  set  forth  in  subsection  (b)  and to consider any
 7    aggravating or mitigating factors as indicated in  subsection
 8    (c).  The proceeding shall be conducted:
 9             (1)  before the jury that determined the defendant's
10        guilt; or
11             (2)  before a jury impanelled for the purpose of the
12        proceeding if:
13                  A.  the  defendant was convicted upon a plea of
14             guilty; or
15                  B.  the defendant was convicted after  a  trial
16             before the court sitting without a jury; or
17                  C.  the  court  for good cause shown discharges
18             the jury that determined the defendant's guilt; or
19             (3)  before the court alone if the defendant  waives
20        a jury for the separate proceeding.
21        (e)  Evidence and Argument.
22        During  the proceeding any information relevant to any of
23    the factors set forth in subsection (b) may be  presented  by
24    either  the  State or the defendant under the rules governing
25    the  admission  of  evidence   at   criminal   trials.    Any
26    information relevant to any additional aggravating factors or
27    any  mitigating  factors  indicated  in subsection (c) may be
28    presented  by  the  State  or  defendant  regardless  of  its
29    admissibility under the  rules  governing  the  admission  of
30    evidence  at  criminal  trials.  The  State and the defendant
31    shall be given fair  opportunity  to  rebut  any  information
32    received at the hearing.
33        (f)  Proof.
34        The  burden of proof of establishing the existence of any
 
                            -9-      LRB093 09620 RLC 09858 b
 1    of the factors set forth in subsection (b) is  on  the  State
 2    and  shall  not  be  satisfied  unless  established  beyond a
 3    reasonable doubt.
 4        (g)  Procedure - Jury.
 5        If at the separate sentencing proceeding the  jury  finds
 6    that  none of the factors set forth in subsection (b) exists,
 7    the  court  shall  sentence  the  defendant  to  a  term   of
 8    imprisonment   under   Chapter  V  of  the  Unified  Code  of
 9    Corrections.  If there is a unanimous  finding  by  the  jury
10    that  one  or more of the factors set forth in subsection (b)
11    exist, the jury shall  consider  aggravating  and  mitigating
12    factors  as  instructed  by  the  court  and  shall determine
13    whether the sentence of death shall be imposed.  If the  jury
14    determines  unanimously  that there are no mitigating factors
15    sufficient to preclude the imposition of the death  sentence,
16    the court shall sentence the defendant to death.
17        Unless  the  jury  unanimously  finds  that  there are no
18    mitigating factors sufficient to preclude the  imposition  of
19    the  death sentence the court shall sentence the defendant to
20    a term of imprisonment under Chapter V of the Unified Code of
21    Corrections.
22        (h)  Procedure - No Jury.
23        In a proceeding before the  court  alone,  if  the  court
24    finds  that  none  of  the  factors  found  in subsection (b)
25    exists, the court shall sentence the defendant to a  term  of
26    imprisonment   under  Chapter  V  of   the  Unified  Code  of
27    Corrections.
28        If the Court determines that one or more of  the  factors
29    set  forth in subsection (b) exists, the Court shall consider
30    any  aggravating  and  mitigating  factors  as  indicated  in
31    subsection (c).  If the Court determines that  there  are  no
32    mitigating  factors  sufficient to preclude the imposition of
33    the death sentence, the Court shall sentence the defendant to
34    death.
 
                            -10-     LRB093 09620 RLC 09858 b
 1        Unless the court  finds  that  there  are  no  mitigating
 2    factors sufficient to preclude the imposition of the sentence
 3    of death, the court shall sentence the defendant to a term of
 4    imprisonment   under   Chapter  V  of  the  Unified  Code  of
 5    Corrections.
 6        (i)  Appellate Procedure.
 7        The conviction and sentence of death shall be subject  to
 8    automatic  review by the Supreme Court.  Such review shall be
 9    in accordance with rules promulgated by the Supreme Court.
10        (j)  Disposition of reversed death sentence.
11        In the event that the death penalty in this Act  is  held
12    to  be  unconstitutional  by  the Supreme Court of the United
13    States or of the State of Illinois, any person  convicted  of
14    first degree murder shall be sentenced by the court to a term
15    of  imprisonment  under  Chapter  V  of  the  Unified Code of
16    Corrections.
17        In the event that any  death  sentence  pursuant  to  the
18    sentencing   provisions   of   this   Section   is   declared
19    unconstitutional by the Supreme Court of the United States or
20    of  the State of Illinois, the court having jurisdiction over
21    a person  previously  sentenced  to  death  shall  cause  the
22    defendant to be brought before the court, and the court shall
23    sentence the  defendant  to  a  term  of  imprisonment  under
24    Chapter V of the Unified Code of Corrections.
25    (Source: P.A.  91-357,  eff.  7-29-99;  91-434,  eff. 1-1-00;
26    92-854, eff. 12-5-02.)