97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
Introduced 2/10/2011, by Sen. Kirk W. Dillard
SYNOPSIS AS INTRODUCED:
Amends the Code of Criminal Procedure of 1963.
Creates the State Death
Penalty Review Committee effective July 1, 2011 to
develop standards to
assist State's Attorneys in the exercise of discretion in
seeking the death
penalty on a first degree murder charge and to approve a
decision to seek the death penalty in first degree murder
July 1, 2011.
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Code of Criminal Procedure of 1963 is
amended by adding Section 113-7 as follows:
(725 ILCS 5/113-7 new)
Notice of intention to seek or decline the
death penalty; State
Death Penalty Review Committee.
(a) State Death Penalty Review Committee. The
Attorney or Attorney General shall provide notice of the
intention to seek or decline the death penalty by
Notice of Intent to Seek or Decline the Death Penalty
as soon as practicable.
In no event shall the filing of the
notice be later than 120 days after
arraignment, unless, for
good cause shown, the court directs otherwise.
A notice of
intent to seek the death penalty shall also
include all of the
statutory aggravating factors enumerated in subsection
Section 9-1 of the Criminal Code of 1961 which the State
introduce during the death penalty sentencing
(b) The State's Attorney must also
the death penalty to the State Death Penalty Review
Committee for approval.
The State Death Penalty Review
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Committee is created effective July 1,
Committee shall be composed of 5 voting members consisting of
Attorney General or his or her designee, the State's
Attorney of Cook County
or his or
her designee, the president
of the Illinois State's Attorney's Association, a
Attorney appointed by the Governor, and a retired judge
appointed by the
Governor. The Governor may appoint an
alternate member and shall only
participate and vote in the
event of a tie vote. The
retired judge member shall have
experience in criminal law and preferably
criminal cases. The Attorney General and Cook County State's
serve during their respective term of office.
The president of the State's
Association shall serve
for one year concurrent with the elected term as
State's Attorney's Association. The State's Attorney
appointed by the Governor
serve for one year and the
retired judge member shall serve for 4 years.
member shall serve at the pleasure of the Governor. In the
of a vacancy of a member appointed by the Governor, the
appointment to fill the
vacancy shall be made in the same
manner as the original appointment.
serve until their successor is appointed and qualified. The
General or his or designee shall serve as chairman.
(c) The State Death Penalty Review Committee must develop
State's Attorneys in the exercise of
discretion in seeking the death penalty
on a first
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charge. The Review Committee must also approve a State's
seek the death penalty in a first degree
murder case. The review must include
appropriateness of the
sentence of death upon conviction and whether the
consistent with the application of the death penalty in other
Committee must consider information
submitted by the State's Attorney and
counsel that is
relevant to the review. Information submitted that is not
to discovery at this stage of the court
proceedings or for which
security of any individual, the submission to the Review
confidential and not subject to disclosure outside
of the Review Committee.
(d) The approval shall be pursuant to a vote of 3 members
however, the Attorney General or a State's
Attorney must recuse himself or
voting on any case
prosecuted by his or her office. The review and comment is
and shall only be disclosed to:
(1) the submitting State's Attorney;
(2) the defendant's attorney; and
(3) the Governor, upon request, after the Supreme Court
has ordered the
final execution date.
This Act takes effect July 1,