Illinois General Assembly - Bill Status for SB0472
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 Bill Status of SB0472  93rd General Assembly


Short Description:  CRIM CD-MURDER-TECH

Senate Sponsors
Sen. John J. Cullerton - Barack Obama - Emil Jones, Jr. - Jeffrey M. Schoenberg - Don Harmon, Kirk W. Dillard, Peter J. Roskam, Donne E. Trotter, Mattie Hunter and Jacqueline Y. Collins

House Sponsors
(Rep. Tom Cross - Mary K. O'Brien - Jim Watson - Jim Sacia - Patricia Reid Lindner, James H. Meyer, Eddie Washington, Michael J. Madigan, Paul D. Froehlich, Patricia R. Bellock, Eileen Lyons, JoAnn D. Osmond, Mark H. Beaubien, Jr., Frank Aguilar, Chapin Rose, Sidney H. Mathias, Ruth Munson, Jack D. Franks, Linda Chapa LaVia, Lou Lang, Angelo Saviano and Wyvetter H. Younge)

Last Action
DateChamber Action
  11/25/2003SenatePublic Act . . . . . . . . . 93-0605

Statutes Amended In Order of Appearance
720 ILCS 5/9-1from Ch. 38, par. 9-1


Synopsis As Introduced
Amends the Criminal Code of 1961. Makes a technical change in the statute concerning first degree murder.

Senate Committee Amendment No. 3
Adds reference to:
50 ILCS 705/6.1
725 ILCS 5/107A Art. heading new
725 ILCS 5/107A-5 new
725 ILCS 5/114-13from Ch. 38, par. 114-13
725 ILCS 5/114-15 new
725 ILCS 5/115-21 new
725 ILCS 5/115-22 new
725 ILCS 5/116-3
725 ILCS 5/116-5 new
725 ILCS 5/122-1from Ch. 38, par. 122-1
725 ILCS 5/122-2.1from Ch. 38, par. 122-2.1
725 ILCS 5/122-2.2 new
725 ILCS 124/15
725 ILCS 124/19
730 ILCS 5/5-4-3from Ch. 38, par. 1005-4-3

Deletes all. Amends the Illinois Police Training Act. Provides for the decertification of police officers who were the subject of an administrative determination of knowingly committing perjury in a criminal or quasicriminal proceeding. Amends the Criminal Code of 1961 relating to procedures in capital first degree murder cases. Provides that the jury or court shall weigh the factors in aggravation and mitigation in determining whether death is the appropriate sentence. Limits the imposition of the death penalty for felony murder to those murders committed during certain specified inherently violent crimes. Provides that the defendant's history of extreme emotional or physical abuse or the defendant's reduced mental capacity is a mitigating factor in determining whether a death sentence is appropriate. Provides that if the jury decides that the death penalty is an appropriate sentence and the court disagrees with the sentence, the court shall specify those objections in writing and they shall become part of the record and be available to the defendant on appeal of his or her death sentence. Provides that the Illinois Supreme Court may overturn a death sentence on appeal and order the defendant sentenced to a term of imprisonment if the court finds that the death sentence is fundamentally unjust as applied to the particular case. Amends the Code of Criminal Procedure of 1963. Establishes pre-trial procedures for raising the issue of the defendant's mental retardation that would preclude the imposition of the death penalty. Provides for post-conviction DNA testing that was not available at the time of defendant's trial even if the tests do not completely exonerate the defendant. Provides that in a capital case, the defendant may move to have the DNA databases of law enforcement agencies searched for comparative DNA analysis. Amends the Capital Crimes Litigation Act. Eliminates the July 1, 2004 repeal of the Act. Amends the Unified Code of Corrections relating to the State Police DNA database. Provides that the provisions of the Act are severable. Effective immediately.

Senate Floor Amendment No. 4
Adds reference to:
725 ILCS 5/107A-10 new

Deletes all. Reinserts the provisions of the bill as amended. Makes these changes. In the amendatory changes to the Illinois Police Training Act, provides for decertification of a police officer who in a homicide case has willfully made false statements, under oath, as to a material fact. Establishes hearing procedures on decertification. In the Code of Criminal Procedure of 1963, establishes a pilot program on sequential lineup procedures. Changes procedures for raising the issue of the defendant's mental retardation. Makes other changes. Effective immediately.

Senate Floor Amendment No. 5
Provides that an investigative, law enforcement, or other agency investigating a non-homicide felony shall provide to the authority prosecuting the offense all reports and memoranda (rather than reports, memoranda, and field notes) generated by or in the possession of the investigating agency concerning the offense.

House Floor Amendment No. 1
Adds reference to:
New Act
20 ILCS 3930/7.2 new
720 ILCS 5/14-3

Deletes all. Reinserts the provisions of the bill as amended. Also Creates the Capital Punishment Reform Study Committee Act. Provides that the Committee shall study the impact of the various reforms to the capital punishment system and annually report to the General Assembly on the effects of these reforms. Amends the Illinois Criminal Justice Information Act. Creates the Custodial Interview Pilot Program. Provides that the Illinois Criminal Justice Information Authority shall establish the program at 4 police stations in this State, one in Cook County and the other 3 in police stations geographically distributed throughout the State. Amends the State Finance Act to create the Illinois Law Enforcement Training Standards Board Costs and Attorney Fees Fund. Effective immediately.

Governor Amendatory Veto Message
Recommends that the amendatory changes to the Illinois Police Training Act, relating to the decertification of a police officer upon a determination of the Illinois Law Enforcement Training Standards Board that the officer, while under oath, has knowingly and willfully made false statements as to a material fact during a homicide proceeding, be deleted from the bill.

Actions 
DateChamber Action
  2/18/2003SenateFiled with Secretary by Sen. John J. Cullerton
  2/18/2003SenateFirst Reading
  2/18/2003SenateReferred to Rules
  2/19/2003SenateAssigned to Judiciary
  2/27/2003SenatePostponed - Judiciary
  2/28/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
  2/28/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  2/28/2003SenateAdded as Chief Co-Sponsor Sen. Barack Obama
  3/3/2003SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
  3/3/2003SenateSenate Committee Amendment No. 2 Referred to Rules
  3/3/2003SenateSenate Committee Amendment No. 3 Filed with Secretary by Sen. John J. Cullerton
  3/3/2003SenateSenate Committee Amendment No. 3 Referred to Rules
  3/4/2003SenateSenate Committee Amendment No. 3 Rules Refers to Judiciary
  3/4/2003SenateAdded as Chief Co-Sponsor Sen. Emil Jones, Jr.
  3/4/2003SenateSenate Committee Amendment No. 3 Adopted
  3/5/2003SenateDo Pass as Amended Judiciary; 010-000-000
  3/5/2003SenatePlaced on Calendar Order of 2nd Reading March 6, 2003
  3/6/2003SenateAdded as Chief Co-Sponsor Sen. Jeffrey M. Schoenberg
  3/6/2003SenateAdded as Co-Sponsor Sen. Kirk W. Dillard
  3/25/2003SenateSecond Reading
  3/25/2003SenatePlaced on Calendar Order of 3rd Reading March 26, 2003
  3/26/2003SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. John J. Cullerton
  3/26/2003SenateSenate Floor Amendment No. 4 Referred to Rules
  3/26/2003SenateSenate Floor Amendment No. 4 Rules Refers to Judiciary
  3/27/2003SenateSenate Floor Amendment No. 4 Be Approved for Consideration Judiciary; 009-000-000
  3/28/2003SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. John J. Cullerton
  3/28/2003SenateSenate Floor Amendment No. 5 Referred to Rules
  4/2/2003SenateSenate Floor Amendment No. 6 Filed with Secretary by Sen. John J. Cullerton
  4/2/2003SenateSenate Floor Amendment No. 6 Referred to Rules
  4/2/2003SenateSenate Floor Amendment No. 7 Filed with Secretary by Sen. John J. Cullerton
  4/2/2003SenateSenate Floor Amendment No. 7 Referred to Rules
  4/2/2003SenateSenate Floor Amendment No. 5 Rules Refers to Judiciary
  4/2/2003SenateSenate Floor Amendment No. 6 Rules Refers to Judiciary
  4/2/2003SenateSenate Floor Amendment No. 7 Rules Refers to Judiciary
  4/2/2003SenateSenate Floor Amendment No. 5 Be Approved for Consideration Judiciary; 010-000-000
  4/2/2003SenateSenate Floor Amendment No. 6 Postponed - Judiciary
  4/2/2003SenateSenate Floor Amendment No. 7 Postponed - Judiciary
  4/2/2003SenateAdded as Chief Co-Sponsor Sen. Don Harmon
  4/2/2003SenateRecalled to Second Reading
  4/2/2003SenateSenate Floor Amendment No. 4 Adopted; Cullerton
  4/2/2003SenateSenate Floor Amendment No. 5 Adopted; Cullerton
  4/2/2003SenatePlaced on Calendar Order of 3rd Reading April 3, 2003
  4/3/2003SenateAdded as Co-Sponsor Sen. Peter J. Roskam
  4/3/2003SenateAdded as Co-Sponsor Sen. Donne E. Trotter
  4/3/2003SenateAdded as Co-Sponsor Sen. Mattie Hunter
  4/3/2003SenateThird Reading - Passed; 057-001-000
  4/3/2003SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  4/3/2003SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  4/3/2003SenateSenate Floor Amendment No. 6 Tabled Pursuant to Rule 5-4(a)
  4/3/2003SenateSenate Floor Amendment No. 7 Tabled Pursuant to Rule 5-4(a)
  4/4/2003HouseArrived in House
  4/4/2003HouseChief House Sponsor Rep. Tom Cross
  4/4/2003HouseFirst Reading
  4/4/2003HouseReferred to Rules Committee
  4/8/2003HouseAssigned to Executive Committee
  4/14/2003HouseAdded Alternate Chief Co-Sponsor Rep. Jim Watson
  4/14/2003HouseAdded Alternate Chief Co-Sponsor Rep. Jim Sacia
  4/14/2003HouseAdded Alternate Chief Co-Sponsor Rep. James H. Meyer
  4/15/2003HouseRe-assigned to Judiciary II - Criminal Law Committee
  4/16/2003SenateAdded as Co-Sponsor Sen. Jacqueline Y. Collins
  5/1/2003HouseDo Pass / Standard Debate Judiciary II - Criminal Law Committee; 007-004-000
  5/1/2003HousePlaced on Calendar 2nd Reading - Standard Debate
  5/1/2003HouseAdded Alternate Chief Co-Sponsor Rep. Patricia Reid Lindner
  5/15/2003HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Tom Cross
  5/15/2003HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/16/2003HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee
  5/16/2003HouseCommittee/3rd Reading Deadline Extended-Rule 9(b); May 23, 2003
  5/21/2003HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary II - Criminal Law Committee; 011-000-000
  5/21/2003HouseAdded Alternate Chief Co-Sponsor Rep. Mary K. O'Brien
  5/21/2003HouseSponsor Removed Rep. James H. Meyer
  5/21/2003HouseAdded Alternate Co-Sponsor Rep. James H. Meyer
  5/21/2003HouseAdded Alternate Co-Sponsor Rep. Eddie Washington
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Michael J. Madigan
  5/22/2003HouseSecond Reading - Standard Debate
  5/22/2003HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  5/22/2003HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Paul D. Froehlich
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Patricia R. Bellock
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Eileen Lyons
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. JoAnn D. Osmond
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Mark H. Beaubien, Jr.
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Frank Aguilar
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Chapin Rose
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Sidney H. Mathias
  5/22/2003HouseAdded Alternate Co-Sponsor Rep. Ruth Munson
  5/23/2003HouseThird Reading - Short Debate - Passed 117-000-000
  5/23/2003HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  5/23/2003HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/23/2003HouseAdded Alternate Co-Sponsor Rep. Lou Lang
  5/23/2003HouseAdded Alternate Co-Sponsor Rep. Angelo Saviano
  5/27/2003HouseAdded Alternate Co-Sponsor Rep. Wyvetter H. Younge
  5/27/2003SenateSecretary's Desk - Concurrence House Amendment(s) 01
  5/27/2003SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01 - May 28, 2003.
  5/27/2003SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton
  5/27/2003SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Rules
  5/28/2003SenateHouse Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary
  5/28/2003SenateHouse Floor Amendment No. 1 Motion to Concur Be Approved for Consideration Judiciary; 007-000-000
  5/29/2003SenateHouse Floor Amendment No. 1 Senate Concurs 056-003-000
  5/29/2003SenatePassed Both Houses
  5/30/2003SenateSent to the Governor
  7/29/2003SenateGovernor Amendatory Veto
  10/23/2003SenatePlaced on Calendar Amendatory Veto November 4, 2003
  11/4/2003SenateMotion Filed Override Amendatory Veto Sen. John J. Cullerton
  11/5/2003Senate3/5 Vote Required
  11/5/2003SenateOverride Amendatory Veto - Senate Passed 058-000-000
  11/6/2003HousePlaced on Calendar Amendatory Veto November 18, 2003
  11/14/2003HouseMotion Filed Override Amendatory Veto Rep. Tom Cross
  11/19/2003House3/5 Vote Required
  11/19/2003HouseOverride Amendatory Veto - House Passed 115-000-000
  11/19/2003SenateAmendatory Veto Overridden Both Houses
  11/25/2003SenateEffective Date November 19, 2003
  11/25/2003SenatePublic Act . . . . . . . . . 93-0605

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