Illinois General Assembly - Full Text of SB1948
Illinois General Assembly

Previous General Assemblies

Full Text of SB1948  98th General Assembly

SB1948sam001 98TH GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 4/12/2013

 

 


 

 


 
09800SB1948sam001LRB098 10575 RLC 44027 a

1
AMENDMENT TO SENATE BILL 1948

2    AMENDMENT NO. ______. Amend Senate Bill 1948 by replacing
3the title with the following:
4    "AN ACT concerning criminal law, which may be referred to
5as Chelsea's Law."; and
 
6by replacing everything after the enacting clause with the
7following:
 
8    "Section 5. The Criminal Code of 2012 is amended by
9changing Sections 9-1 and 11-1.40 as follows:
 
10    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
11    Sec. 9-1. First degree Murder - Death penalties -
12Exceptions - Separate Hearings - Proof - Findings - Appellate
13procedures - Reversals.
14    (a) A person who kills an individual without lawful
15justification commits first degree murder if, in performing the

 

 

09800SB1948sam001- 2 -LRB098 10575 RLC 44027 a

1acts which cause the death:
2        (1) he either intends to kill or do great bodily harm
3    to that individual or another, or knows that such acts will
4    cause death to that individual or another; or
5        (2) he knows that such acts create a strong probability
6    of death or great bodily harm to that individual or
7    another; or
8        (3) he is attempting or committing a forcible felony
9    other than second degree murder.
10    (b) Aggravating Factors. A defendant who at the time of the
11commission of the offense has attained the age of 18 or more
12and who has been found guilty of first degree murder may be
13sentenced to death if:
14        (1) the murdered individual was a peace officer or
15    fireman killed in the course of performing his official
16    duties, to prevent the performance of his official duties,
17    or in retaliation for performing his official duties, and
18    the defendant knew or should have known that the murdered
19    individual was a peace officer or fireman; or
20        (2) the murdered individual was an employee of an
21    institution or facility of the Department of Corrections,
22    or any similar local correctional agency, killed in the
23    course of performing his official duties, to prevent the
24    performance of his official duties, or in retaliation for
25    performing his official duties, or the murdered individual
26    was an inmate at such institution or facility and was

 

 

09800SB1948sam001- 3 -LRB098 10575 RLC 44027 a

1    killed on the grounds thereof, or the murdered individual
2    was otherwise present in such institution or facility with
3    the knowledge and approval of the chief administrative
4    officer thereof; or
5        (3) the defendant has been convicted of murdering two
6    or more individuals under subsection (a) of this Section or
7    under any law of the United States or of any state which is
8    substantially similar to subsection (a) of this Section
9    regardless of whether the deaths occurred as the result of
10    the same act or of several related or unrelated acts so
11    long as the deaths were the result of either an intent to
12    kill more than one person or of separate acts which the
13    defendant knew would cause death or create a strong
14    probability of death or great bodily harm to the murdered
15    individual or another; or
16        (4) the murdered individual was killed as a result of
17    the hijacking of an airplane, train, ship, bus or other
18    public conveyance; or
19        (5) the defendant committed the murder pursuant to a
20    contract, agreement or understanding by which he was to
21    receive money or anything of value in return for committing
22    the murder or procured another to commit the murder for
23    money or anything of value; or
24        (6) the murdered individual was killed in the course of
25    another felony if:
26            (a) the murdered individual:

 

 

09800SB1948sam001- 4 -LRB098 10575 RLC 44027 a

1                (i) was actually killed by the defendant, or
2                (ii) received physical injuries personally
3            inflicted by the defendant substantially
4            contemporaneously with physical injuries caused by
5            one or more persons for whose conduct the defendant
6            is legally accountable under Section 5-2 of this
7            Code, and the physical injuries inflicted by
8            either the defendant or the other person or persons
9            for whose conduct he is legally accountable caused
10            the death of the murdered individual; and
11            (b) in performing the acts which caused the death
12        of the murdered individual or which resulted in
13        physical injuries personally inflicted by the
14        defendant on the murdered individual under the
15        circumstances of subdivision (ii) of subparagraph (a)
16        of paragraph (6) of subsection (b) of this Section, the
17        defendant acted with the intent to kill the murdered
18        individual or with the knowledge that his acts created
19        a strong probability of death or great bodily harm to
20        the murdered individual or another; and
21            (c) the other felony was an inherently violent
22        crime or the attempt to commit an inherently violent
23        crime. In this subparagraph (c), "inherently violent
24        crime" includes, but is not limited to, armed robbery,
25        robbery, predatory criminal sexual assault of a child,
26        aggravated criminal sexual assault, criminal sexual

 

 

09800SB1948sam001- 5 -LRB098 10575 RLC 44027 a

1        abuse, aggravated criminal sexual abuse, aggravated
2        kidnapping, aggravated vehicular hijacking, aggravated
3        arson, aggravated stalking, residential burglary, and
4        home invasion; or
5        (7) the murdered individual was under 12 years of age
6    and the death resulted from exceptionally brutal or heinous
7    behavior indicative of wanton cruelty; or
8        (8) the defendant committed the murder with intent to
9    prevent the murdered individual from testifying or
10    participating in any criminal investigation or prosecution
11    or giving material assistance to the State in any
12    investigation or prosecution, either against the defendant
13    or another; or the defendant committed the murder because
14    the murdered individual was a witness in any prosecution or
15    gave material assistance to the State in any investigation
16    or prosecution, either against the defendant or another;
17    for purposes of this paragraph (8), "participating in any
18    criminal investigation or prosecution" is intended to
19    include those appearing in the proceedings in any capacity
20    such as trial judges, prosecutors, defense attorneys,
21    investigators, witnesses, or jurors; or
22        (9) the defendant, while committing an offense
23    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
24    407 or 407.1 or subsection (b) of Section 404 of the
25    Illinois Controlled Substances Act, or while engaged in a
26    conspiracy or solicitation to commit such offense,

 

 

09800SB1948sam001- 6 -LRB098 10575 RLC 44027 a

1    intentionally killed an individual or counseled,
2    commanded, induced, procured or caused the intentional
3    killing of the murdered individual; or
4        (10) the defendant was incarcerated in an institution
5    or facility of the Department of Corrections at the time of
6    the murder, and while committing an offense punishable as a
7    felony under Illinois law, or while engaged in a conspiracy
8    or solicitation to commit such offense, intentionally
9    killed an individual or counseled, commanded, induced,
10    procured or caused the intentional killing of the murdered
11    individual; or
12        (11) the murder was committed in a cold, calculated and
13    premeditated manner pursuant to a preconceived plan,
14    scheme or design to take a human life by unlawful means,
15    and the conduct of the defendant created a reasonable
16    expectation that the death of a human being would result
17    therefrom; or
18        (12) the murdered individual was an emergency medical
19    technician - ambulance, emergency medical technician -
20    intermediate, emergency medical technician - paramedic,
21    ambulance driver, or other medical assistance or first aid
22    personnel, employed by a municipality or other
23    governmental unit, killed in the course of performing his
24    official duties, to prevent the performance of his official
25    duties, or in retaliation for performing his official
26    duties, and the defendant knew or should have known that

 

 

09800SB1948sam001- 7 -LRB098 10575 RLC 44027 a

1    the murdered individual was an emergency medical
2    technician - ambulance, emergency medical technician -
3    intermediate, emergency medical technician - paramedic,
4    ambulance driver, or other medical assistance or first aid
5    personnel; or
6        (13) the defendant was a principal administrator,
7    organizer, or leader of a calculated criminal drug
8    conspiracy consisting of a hierarchical position of
9    authority superior to that of all other members of the
10    conspiracy, and the defendant counseled, commanded,
11    induced, procured, or caused the intentional killing of the
12    murdered person; or
13        (14) the murder was intentional and involved the
14    infliction of torture. For the purpose of this Section
15    torture means the infliction of or subjection to extreme
16    physical pain, motivated by an intent to increase or
17    prolong the pain, suffering or agony of the victim; or
18        (15) the murder was committed as a result of the
19    intentional discharge of a firearm by the defendant from a
20    motor vehicle and the victim was not present within the
21    motor vehicle; or
22        (16) the murdered individual was 60 years of age or
23    older and the death resulted from exceptionally brutal or
24    heinous behavior indicative of wanton cruelty; or
25        (17) the murdered individual was a disabled person and
26    the defendant knew or should have known that the murdered

 

 

09800SB1948sam001- 8 -LRB098 10575 RLC 44027 a

1    individual was disabled. For purposes of this paragraph
2    (17), "disabled person" means a person who suffers from a
3    permanent physical or mental impairment resulting from
4    disease, an injury, a functional disorder, or a congenital
5    condition that renders the person incapable of adequately
6    providing for his or her own health or personal care; or
7        (18) the murder was committed by reason of any person's
8    activity as a community policing volunteer or to prevent
9    any person from engaging in activity as a community
10    policing volunteer; or
11        (19) the murdered individual was subject to an order of
12    protection and the murder was committed by a person against
13    whom the same order of protection was issued under the
14    Illinois Domestic Violence Act of 1986; or
15        (20) the murdered individual was known by the defendant
16    to be a teacher or other person employed in any school and
17    the teacher or other employee is upon the grounds of a
18    school or grounds adjacent to a school, or is in any part
19    of a building used for school purposes; or
20        (21) the murder was committed by the defendant in
21    connection with or as a result of the offense of terrorism
22    as defined in Section 29D-14.9 of this Code.
23    (b-5) Aggravating Factor; Natural Life Imprisonment. A
24defendant who has been found guilty of first degree murder and
25who at the time of the commission of the offense had attained
26the age of 18 years or more may be sentenced to natural life

 

 

09800SB1948sam001- 9 -LRB098 10575 RLC 44027 a

1imprisonment if (i) the murdered individual was a physician,
2physician assistant, psychologist, nurse, or advanced practice
3nurse, (ii) the defendant knew or should have known that the
4murdered individual was a physician, physician assistant,
5psychologist, nurse, or advanced practice nurse, and (iii) the
6murdered individual was killed in the course of acting in his
7or her capacity as a physician, physician assistant,
8psychologist, nurse, or advanced practice nurse, or to prevent
9him or her from acting in that capacity, or in retaliation for
10his or her acting in that capacity.
11     (c) Consideration of factors in Aggravation and
12Mitigation.
13    The court shall consider, or shall instruct the jury to
14consider any aggravating and any mitigating factors which are
15relevant to the imposition of the death penalty. Aggravating
16factors may include but need not be limited to those factors
17set forth in subsection (b). Mitigating factors may include but
18need not be limited to the following:
19        (1) the defendant has no significant history of prior
20    criminal activity;
21        (2) the murder was committed while the defendant was
22    under the influence of extreme mental or emotional
23    disturbance, although not such as to constitute a defense
24    to prosecution;
25        (3) the murdered individual was a participant in the
26    defendant's homicidal conduct or consented to the

 

 

09800SB1948sam001- 10 -LRB098 10575 RLC 44027 a

1    homicidal act;
2        (4) the defendant acted under the compulsion of threat
3    or menace of the imminent infliction of death or great
4    bodily harm;
5        (5) the defendant was not personally present during
6    commission of the act or acts causing death;
7        (6) the defendant's background includes a history of
8    extreme emotional or physical abuse;
9        (7) the defendant suffers from a reduced mental
10    capacity.
11    (d) Separate sentencing hearing.
12    Where requested by the State, the court shall conduct a
13separate sentencing proceeding to determine the existence of
14factors set forth in subsection (b) and to consider any
15aggravating or mitigating factors as indicated in subsection
16(c). The proceeding shall be conducted:
17        (1) before the jury that determined the defendant's
18    guilt; or
19        (2) before a jury impanelled for the purpose of the
20    proceeding if:
21            A. the defendant was convicted upon a plea of
22        guilty; or
23            B. the defendant was convicted after a trial before
24        the court sitting without a jury; or
25            C. the court for good cause shown discharges the
26        jury that determined the defendant's guilt; or

 

 

09800SB1948sam001- 11 -LRB098 10575 RLC 44027 a

1        (3) before the court alone if the defendant waives a
2    jury for the separate proceeding.
3    (e) Evidence and Argument.
4    During the proceeding any information relevant to any of
5the factors set forth in subsection (b) may be presented by
6either the State or the defendant under the rules governing the
7admission of evidence at criminal trials. Any information
8relevant to any additional aggravating factors or any
9mitigating factors indicated in subsection (c) may be presented
10by the State or defendant regardless of its admissibility under
11the rules governing the admission of evidence at criminal
12trials. The State and the defendant shall be given fair
13opportunity to rebut any information received at the hearing.
14    (f) Proof.
15    The burden of proof of establishing the existence of any of
16the factors set forth in subsection (b) is on the State and
17shall not be satisfied unless established beyond a reasonable
18doubt.
19    (g) Procedure - Jury.
20    If at the separate sentencing proceeding the jury finds
21that none of the factors set forth in subsection (b) exists,
22the court shall sentence the defendant to a term of
23imprisonment under Chapter V of the Unified Code of
24Corrections. If there is a unanimous finding by the jury that
25one or more of the factors set forth in subsection (b) exist,
26the jury shall consider aggravating and mitigating factors as

 

 

09800SB1948sam001- 12 -LRB098 10575 RLC 44027 a

1instructed by the court and shall determine whether the
2sentence of death shall be imposed. If the jury determines
3unanimously, after weighing the factors in aggravation and
4mitigation, that death is the appropriate sentence, the court
5shall sentence the defendant to death. If the court does not
6concur with the jury determination that death is the
7appropriate sentence, the court shall set forth reasons in
8writing including what facts or circumstances the court relied
9upon, along with any relevant documents, that compelled the
10court to non-concur with the sentence. This document and any
11attachments shall be part of the record for appellate review.
12The court shall be bound by the jury's sentencing
13determination.
14    If after weighing the factors in aggravation and
15mitigation, one or more jurors determines that death is not the
16appropriate sentence, the court shall sentence the defendant to
17a term of imprisonment under Chapter V of the Unified Code of
18Corrections.
19    (h) Procedure - No Jury.
20    In a proceeding before the court alone, if the court finds
21that none of the factors found in subsection (b) exists, the
22court shall sentence the defendant to a term of imprisonment
23under Chapter V of the Unified Code of Corrections.
24    If the Court determines that one or more of the factors set
25forth in subsection (b) exists, the Court shall consider any
26aggravating and mitigating factors as indicated in subsection

 

 

09800SB1948sam001- 13 -LRB098 10575 RLC 44027 a

1(c). If the Court determines, after weighing the factors in
2aggravation and mitigation, that death is the appropriate
3sentence, the Court shall sentence the defendant to death.
4    If the court finds that death is not the appropriate
5sentence, the court shall sentence the defendant to a term of
6imprisonment under Chapter V of the Unified Code of
7Corrections.
8    (h-5) Decertification as a capital case.
9    In a case in which the defendant has been found guilty of
10first degree murder by a judge or jury, or a case on remand for
11resentencing, and the State seeks the death penalty as an
12appropriate sentence, on the court's own motion or the written
13motion of the defendant, the court may decertify the case as a
14death penalty case if the court finds that the only evidence
15supporting the defendant's conviction is the uncorroborated
16testimony of an informant witness, as defined in Section 115-21
17of the Code of Criminal Procedure of 1963, concerning the
18confession or admission of the defendant or that the sole
19evidence against the defendant is a single eyewitness or single
20accomplice without any other corroborating evidence. If the
21court decertifies the case as a capital case under either of
22the grounds set forth above, the court shall issue a written
23finding. The State may pursue its right to appeal the
24decertification pursuant to Supreme Court Rule 604(a)(1). If
25the court does not decertify the case as a capital case, the
26matter shall proceed to the eligibility phase of the sentencing

 

 

09800SB1948sam001- 14 -LRB098 10575 RLC 44027 a

1hearing.
2    (i) Appellate Procedure.
3    The conviction and sentence of death shall be subject to
4automatic review by the Supreme Court. Such review shall be in
5accordance with rules promulgated by the Supreme Court. The
6Illinois Supreme Court may overturn the death sentence, and
7order the imposition of imprisonment under Chapter V of the
8Unified Code of Corrections if the court finds that the death
9sentence is fundamentally unjust as applied to the particular
10case. If the Illinois Supreme Court finds that the death
11sentence is fundamentally unjust as applied to the particular
12case, independent of any procedural grounds for relief, the
13Illinois Supreme Court shall issue a written opinion explaining
14this finding.
15    (j) Disposition of reversed death sentence.
16    In the event that the death penalty in this Act is held to
17be unconstitutional by the Supreme Court of the United States
18or of the State of Illinois, any person convicted of first
19degree murder shall be sentenced by the court to a term of
20imprisonment under Chapter V of the Unified Code of
21Corrections.
22    In the event that any death sentence pursuant to the
23sentencing provisions of this Section is declared
24unconstitutional by the Supreme Court of the United States or
25of the State of Illinois, the court having jurisdiction over a
26person previously sentenced to death shall cause the defendant

 

 

09800SB1948sam001- 15 -LRB098 10575 RLC 44027 a

1to be brought before the court, and the court shall sentence
2the defendant to a term of imprisonment under Chapter V of the
3Unified Code of Corrections.
4    (k) Guidelines for seeking the death penalty.
5    The Attorney General and State's Attorneys Association
6shall consult on voluntary guidelines for procedures governing
7whether or not to seek the death penalty. The guidelines do not
8have the force of law and are only advisory in nature.
9(Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)
 
10    (720 ILCS 5/11-1.40)   (was 720 ILCS 5/12-14.1)
11    Sec. 11-1.40. Predatory criminal sexual assault of a child.
12    (a) A person commits predatory criminal sexual assault of a
13child if that person commits an act of sexual penetration, is
1417 years of age or older, and:
15        (1) the victim is under 14 13 years of age; or
16        (2) the victim is under 14 13 years of age and that
17    person:
18            (A) is armed with a firearm;
19            (B) (blank); personally discharges a firearm
20        during the commission of the offense;
21            (C) causes great bodily harm to the victim that:
22                (i) results in permanent disability; or
23                (ii) is life threatening; or
24            (D) delivers (by injection, inhalation, ingestion,
25        transfer of possession, or any other means) any

 

 

09800SB1948sam001- 16 -LRB098 10575 RLC 44027 a

1        controlled substance to the victim without the
2        victim's consent or by threat or deception, for other
3        than medical purposes.
4    (b) Sentence.
5        (1) A person convicted of a violation of subsection
6    (a)(1) commits a Class X felony, for which the person shall
7    be sentenced to a term of imprisonment of not less than 10
8    6 years and not more than 60 years unless the offense is
9    committed against a child who was under 10 years of age at
10    the time of the commission of the offense in which case the
11    person shall be sentenced to a term of natural life
12    imprisonment. A person convicted of a violation of
13    subsection (a)(2)(A) commits a Class X felony for which 15
14    years shall be added to the term of imprisonment imposed by
15    the court. A person convicted of a violation of subsection
16    (a)(2)(B) commits a Class X felony for which 20 years shall
17    be added to the term of imprisonment imposed by the court.
18    A person convicted of a violation of subsection (a)(2)
19    (a)(2)(C) commits a Class X felony for which the person
20    shall be sentenced to a term of imprisonment of not less
21    than 50 years or up to a term of natural life imprisonment.
22        (1.1) (Blank). A person convicted of a violation of
23    subsection (a)(2)(D) commits a Class X felony for which the
24    person shall be sentenced to a term of imprisonment of not
25    less than 50 years and not more than 60 years.
26        (1.2) A person convicted of predatory criminal sexual

 

 

09800SB1948sam001- 17 -LRB098 10575 RLC 44027 a

1    assault of a child committed against 2 or more persons
2    regardless of whether the offenses occurred as the result
3    of the same act or of several related or unrelated acts
4    shall be sentenced to a term of natural life imprisonment.
5        (2) A person who is convicted of a second or subsequent
6    offense of predatory criminal sexual assault of a child, or
7    who is convicted of the offense of predatory criminal
8    sexual assault of a child after having previously been
9    convicted of the offense of criminal sexual assault or the
10    offense of aggravated criminal sexual assault, or who is
11    convicted of the offense of predatory criminal sexual
12    assault of a child after having previously been convicted
13    under the laws of this State or any other state of an
14    offense that is substantially equivalent to the offense of
15    predatory criminal sexual assault of a child, the offense
16    of aggravated criminal sexual assault or the offense of
17    criminal sexual assault, shall be sentenced to a term of
18    natural life imprisonment. The commission of the second or
19    subsequent offense is required to have been after the
20    initial conviction for this paragraph (2) to apply.
21(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)".