State of Illinois
91st General Assembly
Legislation

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91_HB0827

 
                                               LRB9105067RCks

 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 9-1.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Criminal  Code  of  1961 is amended by
 6    changing Section 9-1 as follows:

 7        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
 8        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
 9    Exceptions - Separate Hearings - Proof - Findings - Appellate
10    procedures - Reversals.
11        (a)  A person who  kills  an  individual  without  lawful
12    justification  commits  first degree murder if, in performing
13    the acts which cause the death:
14             (1)  he either intends to kill or  do  great  bodily
15        harm  to  that  individual or another, or knows that such
16        acts will cause death to that individual or another; or
17             (2)  he  knows  that  such  acts  create  a   strong
18        probability  of  death  or  great  bodily  harm  to  that
19        individual or another; or
20             (3)  he  is  attempting  or  committing  a  forcible
21        felony other than second degree murder.
22        (b)  Aggravating Factors.  A defendant who at the time of
23    the  commission  of the offense has attained the age of 18 or
24    more and who has been found guilty of first degree murder may
25    be sentenced to death if:
26             (1)  the murdered individual was a peace officer  or
27        fireman  killed  in the course of performing his official
28        duties,  to  prevent  the  performance  of  his  official
29        duties, or in retaliation  for  performing  his  official
30        duties,  and the defendant knew or should have known that
31        the murdered individual was a peace officer  or  fireman;
 
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 1        or
 2             (2)  the  murdered  individual was an employee of an
 3        institution or facility of the Department of Corrections,
 4        or any similar local correctional agency, killed  in  the
 5        course  of performing his official duties, to prevent the
 6        performance of his official duties, or in retaliation for
 7        performing  his  official   duties,   or   the   murdered
 8        individual  was an inmate at such institution or facility
 9        and was killed on the grounds thereof,  or  the  murdered
10        individual  was  otherwise present in such institution or
11        facility with the knowledge and  approval  of  the  chief
12        administrative officer thereof; or
13             (3)  the  defendant  has been convicted of murdering
14        two or more individuals  under  subsection  (a)  of  this
15        Section  or  under any law of the United States or of any
16        state which is substantially similar to subsection (a) of
17        this Section regardless  of whether the  deaths  occurred
18        as  the  result  of the same act or of several related or
19        unrelated acts so long as the deaths were the  result  of
20        either  an  intent  to  kill  more  than one person or of
21        separate acts which the defendant knew would cause  death
22        or  create  a strong probability of death or great bodily
23        harm to the murdered individual or another; or
24             (4)  the murdered individual was killed as a  result
25        of  the  hijacking  of  an  airplane, train, ship, bus or
26        other public conveyance; or
27             (5)  the defendant committed the murder pursuant  to
28        a contract, agreement or understanding by which he was to
29        receive   money  or  anything  of  value  in  return  for
30        committing the murder or procured another to  commit  the
31        murder for money or anything of value; or
32             (6)  the  murdered  individual  was  killed  in  the
33        course of another felony if:
34                  (a)  the murdered individual:
 
                            -3-                LRB9105067RCks
 1                       (i)  was actually killed by the defendant,
 2                  or
 3                       (ii)  received      physical      injuries
 4                  personally    inflicted    by   the   defendant
 5                  substantially contemporaneously  with  physical
 6                  injuries  caused  by  one  or  more persons for
 7                  whose  conduct   the   defendant   is   legally
 8                  accountable under Section 5-2 of this Code, and
 9                  the  physical  injuries inflicted by either the
10                  defendant or the other person  or  persons  for
11                  whose  conduct he is legally accountable caused
12                  the death of the murdered individual; and
13                  (b)  in performing the acts  which  caused  the
14             death  of  the murdered individual or which resulted
15             in physical injuries  personally  inflicted  by  the
16             defendant  on  the  murdered  individual  under  the
17             circumstances  of  subdivision  (ii) of subparagraph
18             (a) of paragraph  (6)  of  subsection  (b)  of  this
19             Section, the defendant acted with the intent to kill
20             the  murdered  individual or with the knowledge that
21             his acts created a strong probability  of  death  or
22             great  bodily  harm  to  the  murdered individual or
23             another; and
24                  (c)  the other felony was one of the following:
25             armed robbery, armed  violence,  robbery,  predatory
26             criminal  sexual  assault  of  a  child,  aggravated
27             criminal   sexual  assault,  aggravated  kidnapping,
28             aggravated vehicular hijacking, forcible  detention,
29             arson,   aggravated   arson,   aggravated  stalking,
30             burglary,  residential  burglary,   home   invasion,
31             calculated  criminal  drug  conspiracy as defined in
32             Section 405 of the  Illinois  Controlled  Substances
33             Act,  streetgang criminal drug conspiracy as defined
34             in  Section  405.2  of   the   Illinois   Controlled
 
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 1             Substances  Act, or the attempt to commit any of the
 2             felonies listed in this subsection (c); or
 3             (7)  the murdered individual was under 12  years  of
 4        age  and  the death resulted from exceptionally brutal or
 5        heinous behavior indicative of wanton cruelty; or
 6             (8)  the defendant committed the murder with  intent
 7        to prevent the murdered individual from testifying in any
 8        criminal prosecution or giving material assistance to the
 9        State in any investigation or prosecution, either against
10        the  defendant or another; or the defendant committed the
11        murder because the murdered individual was a  witness  in
12        any  prosecution or gave material assistance to the State
13        in any investigation or prosecution, either  against  the
14        defendant or another; or
15             (9)  the  defendant,  while  committing  an  offense
16        punishable  under Sections 401, 401.1, 401.2, 405, 405.2,
17        407 or 407.1 or subsection (b)  of  Section  404  of  the
18        Illinois Controlled Substances Act, or while engaged in a
19        conspiracy   or  solicitation  to  commit  such  offense,
20        intentionally  killed   an   individual   or   counseled,
21        commanded,  induced,  procured  or caused the intentional
22        killing of the murdered individual; or
23             (10)  the   defendant   was   incarcerated   in   an
24        institution or facility of the Department of  Corrections
25        at  the  time  of  the  murder,  and  while committing an
26        offense punishable as a felony  under  Illinois  law,  or
27        while  engaged  in a conspiracy or solicitation to commit
28        such  offense,  intentionally  killed  an  individual  or
29        counseled, commanded, induced,  procured  or  caused  the
30        intentional killing of the murdered individual; or
31             (11)  the murder was committed in a cold, calculated
32        and  premeditated manner pursuant to a preconceived plan,
33        scheme or design to take a human life by unlawful  means,
34        and  the  conduct  of  the defendant created a reasonable
 
                            -5-                LRB9105067RCks
 1        expectation that the death of a human being would  result
 2        therefrom; or
 3             (12)  the   murdered  individual  was  an  emergency
 4        medical  technician  -   ambulance,   emergency   medical
 5        technician - intermediate, emergency medical technician -
 6        paramedic,  ambulance driver, or other medical assistance
 7        or first aid personnel, employed  by  a  municipality  or
 8        other   governmental   unit,  killed  in  the  course  of
 9        performing  his   official   duties,   to   prevent   the
10        performance of his official duties, or in retaliation for
11        performing his official duties, and the defendant knew or
12        should  have  known  that  the murdered individual was an
13        emergency  medical  technician  -  ambulance,   emergency
14        medical  technician  -  intermediate,  emergency  medical
15        technician   -  paramedic,  ambulance  driver,  or  other
16        medical assistance or first aid personnel; or
17             (13)  the defendant was a  principal  administrator,
18        organizer,  or  leader  of  a  calculated  criminal  drug
19        conspiracy  consisting  of  a  hierarchical  position  of
20        authority  superior  to  that of all other members of the
21        conspiracy,  and  the  defendant  counseled,   commanded,
22        induced,  procured,  or caused the intentional killing of
23        the murdered person; or
24             (14)  the murder was intentional  and  involved  the
25        infliction  of  torture.  For the purpose of this Section
26        torture means the infliction of or subjection to  extreme
27        physical  pain,  motivated  by  an  intent to increase or
28        prolong the pain, suffering or agony of the victim; or
29             (15)  the murder was committed as a  result  of  the
30        intentional  discharge of a firearm by the defendant from
31        a motor vehicle and the victim was not present within the
32        motor vehicle; or
33             (16)  the murdered individual was 60 years of age or
34        older and the death resulted from exceptionally brutal or
 
                            -6-                LRB9105067RCks
 1        heinous behavior indicative of wanton cruelty; or
 2             (17)  the murdered individual was a disabled  person
 3        and  the  defendant  knew  or  should have known that the
 4        murdered individual was disabled.  For purposes  of  this
 5        paragraph  (17),  "disabled  person"  means  a person who
 6        suffers from a permanent physical  or  mental  impairment
 7        resulting from disease, an injury, a functional disorder,
 8        or   a  congenital  condition  that  renders  the  person
 9        incapable of adequately providing  for  his  or  her  own
10        health or personal care; or
11             (18)  the  murder  was  committed  by  reason of any
12        person's activity as a community policing volunteer or to
13        prevent  any  person  from  engaging  in  activity  as  a
14        community policing volunteer; or .
15             (19) (18)  the murdered individual was subject to an
16        order of protection and the murder  was  committed  by  a
17        person  against  whom  the  same  order of protection was
18        issued under the Illinois Domestic Violence Act of 1986.
19        (c)  Consideration  of   factors   in   Aggravation   and
20    Mitigation.
21        The  court  shall consider, or shall instruct the jury to
22    consider any aggravating  and  any  mitigating  factors  that
23    which  are  relevant  to the imposition of the death penalty.
24    Aggravating factors may include but need not  be  limited  to
25    those factors set forth in subsection (b). Mitigating factors
26    may include but need not be limited to the following:
27             (1)  the  defendant  has  no  significant history of
28        prior criminal activity;
29             (2)  the murder was committed  while  the  defendant
30        was  under  the  influence of extreme mental or emotional
31        disturbance, although not such as to constitute a defense
32        to prosecution;
33             (3)  the murdered individual was  a  participant  in
34        the  defendant's  homicidal  conduct  or consented to the
 
                            -7-                LRB9105067RCks
 1        homicidal act;
 2             (4)  the defendant acted  under  the  compulsion  of
 3        threat  or  menace of the imminent infliction of death or
 4        great bodily harm;
 5             (5)  the defendant was not personally present during
 6        commission of the act or acts causing death.
 7        (d)  Separate sentencing hearing.
 8        Where requested by the State, the court shall  conduct  a
 9    separate  sentencing proceeding to determine the existence of
10    factors set forth in  subsection  (b)  and  to  consider  any
11    aggravating  or mitigating factors as indicated in subsection
12    (c).  The proceeding shall be conducted:
13             (1)  before the jury that determined the defendant's
14        guilt; or
15             (2)  before a jury impanelled for the purpose of the
16        proceeding if:
17                  A.  the defendant was convicted upon a plea  of
18             guilty; or
19                  B.  the  defendant  was convicted after a trial
20             before the court sitting without a jury; or
21                  C.  the court for good cause  shown  discharges
22             the jury that determined the defendant's guilt; or
23             (3)  before  the court alone if the defendant waives
24        a jury for the separate proceeding.
25        (e)  Evidence and Argument.
26        During the proceeding any information relevant to any  of
27    the  factors  set forth in subsection (b) may be presented by
28    either the State or the defendant under the  rules  governing
29    the   admission   of   evidence   at  criminal  trials.   Any
30    information relevant to any additional aggravating factors or
31    any mitigating factors indicated in  subsection  (c)  may  be
32    presented  by  the  State  or  defendant  regardless  of  its
33    admissibility  under  the  rules  governing  the admission of
34    evidence at criminal trials.  The  State  and  the  defendant
 
                            -8-                LRB9105067RCks
 1    shall  be  given  fair  opportunity  to rebut any information
 2    received at the hearing.
 3        (f)  Proof.
 4        The burden of proof of establishing the existence of  any
 5    of  the  factors  set forth in subsection (b) is on the State
 6    and shall  not  be  satisfied  unless  established  beyond  a
 7    reasonable doubt.
 8        (g)  Procedure - Jury.
 9        If  at  the separate sentencing proceeding the jury finds
10    that none of the factors set forth in subsection (b)  exists,
11    the   court  shall  sentence  the  defendant  to  a  term  of
12    imprisonment  under  Chapter  V  of  the  Unified   Code   of
13    Corrections.   If  there  is  a unanimous finding by the jury
14    that one or more of the factors set forth in  subsection  (b)
15    exist,  the  jury  shall  consider aggravating and mitigating
16    factors as  instructed  by  the  court  and  shall  determine
17    whether  the sentence of death shall be imposed.  If the jury
18    determines unanimously that there are no  mitigating  factors
19    sufficient  to preclude the imposition of the death sentence,
20    the court shall sentence the defendant to death.
21        Unless the jury  unanimously  finds  that  there  are  no
22    mitigating  factors  sufficient to preclude the imposition of
23    the death sentence the court shall sentence the defendant  to
24    a term of imprisonment under Chapter V of the Unified Code of
25    Corrections.
26        (h)  Procedure - No Jury.
27        In  a  proceeding  before  the  court alone, if the court
28    finds that none  of  the  factors  found  in  subsection  (b)
29    exists,  the  court shall sentence the defendant to a term of
30    imprisonment  under  Chapter  V  of   the  Unified  Code   of
31    Corrections.
32        If  the  Court determines that one or more of the factors
33    set forth in subsection (b) exists, the Court shall  consider
34    any  aggravating  and  mitigating  factors  as  indicated  in
 
                            -9-                LRB9105067RCks
 1    subsection  (c).   If  the Court determines that there are no
 2    mitigating factors sufficient to preclude the  imposition  of
 3    the death sentence, the Court shall sentence the defendant to
 4    death.
 5        Unless  the  court  finds  that  there  are no mitigating
 6    factors sufficient to preclude the imposition of the sentence
 7    of death, the court shall sentence the defendant to a term of
 8    imprisonment  under  Chapter  V  of  the  Unified   Code   of
 9    Corrections.
10        (i)  Appellate Procedure.
11        The  conviction and sentence of death shall be subject to
12    automatic review by the Supreme Court.  Such review shall  be
13    in accordance with rules promulgated by the Supreme Court.
14        (j)  Disposition of reversed death sentence.
15        In  the  event that the death penalty in this Act is held
16    to be unconstitutional by the Supreme  Court  of  the  United
17    States  or  of the State of Illinois, any person convicted of
18    first degree murder shall be sentenced by the court to a term
19    of imprisonment under  Chapter  V  of  the  Unified  Code  of
20    Corrections.
21        In  the  event  that  any  death sentence pursuant to the
22    sentencing   provisions   of   this   Section   is   declared
23    unconstitutional by the Supreme Court of the United States or
24    of the State of Illinois, the court having jurisdiction  over
25    a  person  previously  sentenced  to  death  shall  cause the
26    defendant to be brought before the court, and the court shall
27    sentence the  defendant  to  a  term  of  imprisonment  under
28    Chapter V of the Unified Code of Corrections.
29    (Source: P.A. 89-235, eff.  8-4-95;  89-428,  eff.  12-13-95;
30    89-462,  eff.  5-29-96;  89-498,  eff.  6-27-96; 90-213, eff.
31    1-1-98; 90-651, eff. 1-1-99;  90-668,  eff.  1-1-99;  revised
32    9-16-98.)

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