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Full Text of SB2277  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/10/2011, by Sen. Kirk W. Dillard


725 ILCS 5/113-7 new

    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 State's Attorney's decision to seek the death penalty in first degree murder cases. Effective July 1, 2011.

LRB097 08689 RLC 48818 b





SB2277LRB097 08689 RLC 48818 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 113-7 as follows:
6    (725 ILCS 5/113-7 new)
7    Sec. 113-7. Notice of intention to seek or decline the
8death penalty; State Death Penalty Review Committee.
9    (a) State Death Penalty Review Committee. The State's
10Attorney or Attorney General shall provide notice of the
11State's intention to seek or decline the death penalty by
12filing a Notice of Intent to Seek or Decline the Death Penalty
13as soon as practicable. In no event shall the filing of the
14notice be later than 120 days after arraignment, unless, for
15good cause shown, the court directs otherwise. A notice of
16intent to seek the death penalty shall also include all of the
17statutory aggravating factors enumerated in subsection (b) of
18Section 9-1 of the Criminal Code of 1961 which the State
19intends to introduce during the death penalty sentencing
21    (b) The State's Attorney must also submit the decision to
22seek the death penalty to the State Death Penalty Review
23Committee for approval. The State Death Penalty Review



SB2277- 2 -LRB097 08689 RLC 48818 b

1Committee is created effective July 1, 2011. The Review
2Committee shall be composed of 5 voting members consisting of
3the Attorney General or his or her designee, the State's
4Attorney of Cook County or his or her designee, the president
5of the Illinois State's Attorney's Association, a State's
6Attorney appointed by the Governor, and a retired judge
7appointed by the Governor. The Governor may appoint an
8alternate member and shall only participate and vote in the
9event of a tie vote. The retired judge member shall have
10experience in criminal law and preferably appellate review of
11criminal cases. The Attorney General and Cook County State's
12Attorney shall serve during their respective term of office.
13The president of the State's Attorney's Association shall serve
14for one year concurrent with the elected term as president of
15the State's Attorney's Association. The State's Attorney
16appointed by the Governor shall serve for one year and the
17retired judge member shall serve for 4 years. The alternate
18member shall serve at the pleasure of the Governor. In the
19event of a vacancy of a member appointed by the Governor, the
20appointment to fill the vacancy shall be made in the same
21manner as the original appointment. The appointed members shall
22serve until their successor is appointed and qualified. The
23Attorney General or his or designee shall serve as chairman.
24    (c) The State Death Penalty Review Committee must develop
25standards to assist State's Attorneys in the exercise of
26discretion in seeking the death penalty on a first degree



SB2277- 3 -LRB097 08689 RLC 48818 b

1charge. The Review Committee must also approve a State's
2Attorney's decision to seek the death penalty in a first degree
3murder case. The review must include the appropriateness of the
4sentence of death upon conviction and whether the decision is
5consistent with the application of the death penalty in other
6counties. The Review Committee must consider information
7submitted by the State's Attorney and defense counsel that is
8relevant to the review. Information submitted that is not
9otherwise subject to discovery at this stage of the court
10proceedings or for which confidentiality is necessary for
11security of any individual, the submission to the Review
12Committee is confidential and not subject to disclosure outside
13of the Review Committee.
14    (d) The approval shall be pursuant to a vote of 3 members
15of the Committee; however, the Attorney General or a State's
16Attorney must recuse himself or herself from voting on any case
17prosecuted by his or her office. The review and comment is
18confidential and shall only be disclosed to:
19        (1) the submitting State's Attorney;
20        (2) the defendant's attorney; and
21        (3) the Governor, upon request, after the Supreme Court
22    has ordered the final execution date.
23    Section 99. Effective date. This Act takes effect July 1,