[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB0732
LRB9105068KSdv
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 119-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 119-5 as follows:
7 (725 ILCS 5/119-5) (from Ch. 38, par. 119-5)
8 Sec. 119-5. Execution of Death Sentence.
9 (a)(1) A defendant sentenced to death shall be executed
10 by an intravenous administration of a lethal quantity of
11 an ultrashort-acting barbiturate in combination with a
12 chemical paralytic agent and potassium chloride or other
13 equally effective substances sufficient to cause death
14 until death is pronounced by a licensed physician
15 according to accepted standards of medical practice.
16 (2) If the execution of the sentence of death as
17 provided in paragraph (1) is held illegal or
18 unconstitutional by a reviewing court of competent
19 jurisdiction, the sentence of death shall be carried out
20 by electrocution.
21 (b) In pronouncing the sentence of death the court shall
22 set the date of the execution which shall be not less than 60
23 nor more than 90 days from the date sentence is pronounced.
24 (c) A sentence of death shall be executed at a
25 Department of Corrections facility.
26 (d) The warden of the penitentiary shall supervise the
27 such execution, which shall be conducted in the presence of 6
28 witnesses who shall certify the execution of the sentence.
29 The certification shall be filed with the clerk of the court
30 that imposed the sentence.
31 (e) The identity of executioners and other persons who
-2- LRB9105068KSdv
1 participate or perform ancillary functions in an execution
2 and information contained in records that would identify
3 those persons shall remain confidential, shall not be subject
4 to disclosure, and shall not be admissible as evidence or be
5 discoverable in any action of any kind in any court or before
6 any tribunal, board, agency, or person. In order to protect
7 the confidentiality of persons participating in an execution,
8 the Director of Corrections may direct that the Department
9 make payments in cash for such services.
10 (f) The amendatory changes to this Section made by this
11 amendatory Act of 1991 are severable under Section 1.31 of
12 the Statute on Statutes.
13 (g) Notwithstanding any other provision of law,
14 assistance, participation in, or the performance of ancillary
15 or other functions pursuant to this Section, including but
16 not limited to the administration of the lethal substance or
17 substances required by this Section, shall not be construed
18 to constitute the practice of medicine.
19 (h) Notwithstanding any other provision of law, any
20 pharmacist or pharmaceutical supplier is authorized to
21 dispense drugs to the Director of Corrections or his or her
22 designee, without prescription, in order to carry out the
23 provisions of this Section.
24 (Source: P.A. 89-8, eff. 3-21-95.)