State of Illinois
91st General Assembly
Legislation

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91_HB1321enr

 
HB1321 Enrolled                                LRB9104836RCks

 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Sections 9-1, 12-4.2, and 24-1.2.

 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 Sections 9-1, 12-4.2, and 24-1.2 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:
 
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 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
 
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 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
 
HB1321 Enrolled             -6-                LRB9104836RCks
 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        or.
20             (20)  the  murdered  individual  was  known  by  the
21        defendant to be a teacher or other person employed in any
22        school and the teacher or  other  employee  is  upon  the
23        grounds  of  a school or grounds adjacent to a school, or
24        is in any part of a building used for school purposes.
25        (c)  Consideration  of   factors   in   Aggravation   and
26    Mitigation.
27        The  court  shall consider, or shall instruct the jury to
28    consider any aggravating and any mitigating factors which are
29    relevant to the imposition of the death penalty.  Aggravating
30    factors may include but need not be limited to those  factors
31    set  forth  in subsection (b). Mitigating factors may include
32    but need not be limited to the following:
33             (1)  the defendant has  no  significant  history  of
34        prior criminal activity;
 
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 1             (2)  the  murder  was  committed while the defendant
 2        was under the influence of extreme  mental  or  emotional
 3        disturbance, although not such as to constitute a defense
 4        to prosecution;
 5             (3)  the  murdered  individual  was a participant in
 6        the defendant's homicidal conduct  or  consented  to  the
 7        homicidal act;
 8             (4)  the  defendant  acted  under  the compulsion of
 9        threat or menace of the imminent infliction of  death  or
10        great bodily harm;
11             (5)  the defendant was not personally present during
12        commission of the act or acts causing death.
13        (d)  Separate sentencing hearing.
14        Where  requested  by the State, the court shall conduct a
15    separate sentencing proceeding to determine the existence  of
16    factors  set  forth  in  subsection  (b)  and to consider any
17    aggravating or mitigating factors as indicated in  subsection
18    (c).  The proceeding shall be conducted:
19             (1)  before the jury that determined the defendant's
20        guilt; or
21             (2)  before a jury impanelled for the purpose of the
22        proceeding if:
23                  A.  the  defendant was convicted upon a plea of
24             guilty; or
25                  B.  the defendant was convicted after  a  trial
26             before the court sitting without a jury; or
27                  C.  the  court  for good cause shown discharges
28             the jury that determined the defendant's guilt; or
29             (3)  before the court alone if the defendant  waives
30        a jury for the separate proceeding.
31        (e)  Evidence and Argument.
32        During  the proceeding any information relevant to any of
33    the factors set forth in subsection (b) may be  presented  by
34    either  the  State or the defendant under the rules governing
 
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 1    the  admission  of  evidence   at   criminal   trials.    Any
 2    information relevant to any additional aggravating factors or
 3    any  mitigating  factors  indicated  in subsection (c) may be
 4    presented  by  the  State  or  defendant  regardless  of  its
 5    admissibility under the  rules  governing  the  admission  of
 6    evidence  at  criminal  trials.  The  State and the defendant
 7    shall be given fair  opportunity  to  rebut  any  information
 8    received at the hearing.
 9        (f)  Proof.
10        The  burden of proof of establishing the existence of any
11    of the factors set forth in subsection (b) is  on  the  State
12    and  shall  not  be  satisfied  unless  established  beyond a
13    reasonable doubt.
14        (g)  Procedure - Jury.
15        If at the separate sentencing proceeding the  jury  finds
16    that  none of the factors set forth in subsection (b) exists,
17    the  court  shall  sentence  the  defendant  to  a  term   of
18    imprisonment   under   Chapter  V  of  the  Unified  Code  of
19    Corrections.  If there is a unanimous  finding  by  the  jury
20    that  one  or more of the factors set forth in subsection (b)
21    exist, the jury shall  consider  aggravating  and  mitigating
22    factors  as  instructed  by  the  court  and  shall determine
23    whether the sentence of death shall be imposed.  If the  jury
24    determines  unanimously  that there are no mitigating factors
25    sufficient to preclude the imposition of the death  sentence,
26    the court shall sentence the defendant to death.
27        Unless  the  jury  unanimously  finds  that  there are no
28    mitigating factors sufficient to preclude the  imposition  of
29    the  death sentence the court shall sentence the defendant to
30    a term of imprisonment under Chapter V of the Unified Code of
31    Corrections.
32        (h)  Procedure - No Jury.
33        In a proceeding before the  court  alone,  if  the  court
34    finds  that  none  of  the  factors  found  in subsection (b)
 
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 1    exists, the court shall sentence the defendant to a  term  of
 2    imprisonment   under  Chapter  V  of   the  Unified  Code  of
 3    Corrections.
 4        If the Court determines that one or more of  the  factors
 5    set  forth in subsection (b) exists, the Court shall consider
 6    any  aggravating  and  mitigating  factors  as  indicated  in
 7    subsection (c).  If the Court determines that  there  are  no
 8    mitigating  factors  sufficient to preclude the imposition of
 9    the death sentence, the Court shall sentence the defendant to
10    death.
11        Unless the court  finds  that  there  are  no  mitigating
12    factors sufficient to preclude the imposition of the sentence
13    of death, the court shall sentence the defendant to a term of
14    imprisonment   under   Chapter  V  of  the  Unified  Code  of
15    Corrections.
16        (i)  Appellate Procedure.
17        The conviction and sentence of death shall be subject  to
18    automatic  review by the Supreme Court.  Such review shall be
19    in accordance with rules promulgated by the Supreme Court.
20        (j)  Disposition of reversed death sentence.
21        In the event that the death penalty in this Act  is  held
22    to  be  unconstitutional  by  the Supreme Court of the United
23    States or of the State of Illinois, any person  convicted  of
24    first degree murder shall be sentenced by the court to a term
25    of  imprisonment  under  Chapter  V  of  the  Unified Code of
26    Corrections.
27        In the event that any  death  sentence  pursuant  to  the
28    sentencing   provisions   of   this   Section   is   declared
29    unconstitutional by the Supreme Court of the United States or
30    of  the State of Illinois, the court having jurisdiction over
31    a person  previously  sentenced  to  death  shall  cause  the
32    defendant to be brought before the court, and the court shall
33    sentence the  defendant  to  a  term  of  imprisonment  under
34    Chapter V of the Unified Code of Corrections.
 
HB1321 Enrolled             -10-               LRB9104836RCks
 1    (Source: P.A.  89-235,  eff.  8-4-95;  89-428, eff. 12-13-95;
 2    89-462, eff. 5-29-96;  89-498,  eff.  6-27-96;  90-213,  eff.
 3    1-1-98;  90-651,  eff.  1-1-99;  90-668, eff. 1-1-99; revised
 4    9-16-98.)

 5        (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
 6        Sec. 12-4.2.  Aggravated Battery with a firearm.
 7        (a)  A person commits aggravated battery with  a  firearm
 8    when  he, in committing a battery, knowingly or intentionally
 9    by means of the discharging  of  a  firearm  (1)  causes  any
10    injury  to  another  person,  or  (2)  causes any injury to a
11    person he knows to be a peace officer, a  community  policing
12    volunteer,  a  correctional institution employee or a fireman
13    while the  officer, volunteer, employee or fireman is engaged
14    in the execution of any of his official duties, or to prevent
15    the officer, volunteer, employee or fireman  from  performing
16    his  official  duties,  or  in  retaliation  for the officer,
17    volunteer,  employee  or  fireman  performing  his   official
18    duties,  or  (3) causes any injury to a person he knows to be
19    an  emergency  medical  technician  -  ambulance,   emergency
20    medical   technician   -   intermediate,   emergency  medical
21    technician - paramedic, ambulance driver,  or  other  medical
22    assistance or first aid personnel, employed by a municipality
23    or  other  governmental  unit,  while  the  emergency medical
24    technician  -  ambulance,  emergency  medical  technician   -
25    intermediate,   emergency  medical  technician  -  paramedic,
26    ambulance driver, or other medical assistance  or  first  aid
27    personnel  is engaged in the execution of any of his official
28    duties, or to prevent  the  emergency  medical  technician  -
29    ambulance,   emergency  medical  technician  -  intermediate,
30    emergency medical technician - paramedic,  ambulance  driver,
31    or  other  medical  assistance  or  first  aid personnel from
32    performing his official duties, or  in  retaliation  for  the
33    emergency  medical  technician - ambulance, emergency medical
 
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 1    technician - intermediate,  emergency  medical  technician  -
 2    paramedic,  ambulance  driver, or other medical assistance or
 3    first aid personnel performing his official  duties,  or  (4)
 4    causes any injury to a person he or she knows to be a teacher
 5    or other person employed in a school and the teacher or other
 6    employee is upon grounds of a school or grounds adjacent to a
 7    school,  or  is  in  any  part  of a building used for school
 8    purposes.
 9        (b)  A violation of subsection (a) (1) of this Section is
10    a Class X felony.  A violation  of  subsection  (a)  (2),  or
11    subsection  (a) (3), or subsection (a)(4)  of this Section is
12    a Class X felony for which the sentence shall be  a  term  of
13    imprisonment  of  no  less  than 15 years and no more than 60
14    years.
15        (c)  For purposes of this Section, "firearm"  is  defined
16    as  in  "An  Act  relating to the acquisition, possession and
17    transfer of firearms and firearm  ammunition,  to  provide  a
18    penalty   for   the   violation   thereof   and  to  make  an
19    appropriation in connection therewith",  approved  August  1,
20    1967, as amended.
21    (Source: P.A. 90-651, eff. 1-1-99.)

22        (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
23        Sec. 24-1.2.  Aggravated discharge of a firearm.
24        (a)  A  person  commits aggravated discharge of a firearm
25    when he knowingly or intentionally:
26             (1)  Discharges a firearm at or into a  building  he
27        knows to be occupied and the firearm is discharged from a
28        place or position outside that building;
29             (2)  Discharges   a  firearm  in  the  direction  of
30        another person or in the direction of a vehicle he  knows
31        to be occupied;
32             (3)  Discharges  a  firearm  in  the  direction of a
33        person he knows  to  be  a  peace  officer,  a  community
 
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 1        policing  volunteer, a correctional institution employee,
 2        or a fireman while the officer,  volunteer,  employee  or
 3        fireman  is  engaged  in  the  execution  of  any  of his
 4        official duties, or to prevent  the  officer,  volunteer,
 5        employee  or fireman from performing his official duties,
 6        or in retaliation for the officer, volunteer, employee or
 7        fireman performing his official duties;
 8             (4)  Discharges a firearm  in  the  direction  of  a
 9        vehicle  he  knows  to  be occupied by a peace officer, a
10        person  summoned  or  directed  by  a  peace  officer,  a
11        correctional institution employee or a fireman while  the
12        officer,  employee or fireman is engaged in the execution
13        of any of his official duties, or to prevent the officer,
14        employee or fireman from performing his official  duties,
15        or  in  retaliation  for the officer, employee or fireman
16        performing his official duties;
17             (5)  Discharges a firearm  in  the  direction  of  a
18        person  he  knows to be an emergency medical technician -
19        ambulance, emergency medical technician  -  intermediate,
20        emergency   medical  technician  -  paramedic,  ambulance
21        driver,  or  other  medical  assistance  or   first   aid
22        personnel,   employed   by   a   municipality   or  other
23        governmental unit, while the emergency medical technician
24        - ambulance, emergency medical technician - intermediate,
25        emergency  medical  technician  -  paramedic,   ambulance
26        driver,   or   other  medical  assistance  or  first  aid
27        personnel is engaged in  the  execution  of  any  of  his
28        official  duties,  or  to  prevent  the emergency medical
29        technician - ambulance, emergency  medical  technician  -
30        intermediate,  emergency  medical technician - paramedic,
31        ambulance driver, or other medical  assistance  or  first
32        aid  personnel from performing his official duties, or in
33        retaliation  for  the  emergency  medical  technician   -
34        ambulance,  emergency  medical technician - intermediate,
 
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 1        emergency  medical  technician  -  paramedic,   ambulance
 2        driver,   or   other  medical  assistance  or  first  aid
 3        personnel performing his official duties; or
 4             (6)  Discharges a firearm  in  the  direction  of  a
 5        vehicle  he  knows to be occupied by an emergency medical
 6        technician - ambulance, emergency  medical  technician  -
 7        intermediate,  emergency medical technician - paramedic,,
 8        ambulance driver, or other medical  assistance  or  first
 9        aid  personnel,  employed  by  a  municipality  or  other
10        governmental unit, while the emergency medical technician
11        - ambulance, emergency medical technician - intermediate,
12        emergency   medical  technician  -  paramedic,  ambulance
13        driver,  or  other  medical  assistance  or   first   aid
14        personnel  is  engaged  in  the  execution  of any of his
15        official duties, or  to  prevent  the  emergency  medical
16        technician  -  ambulance,  emergency medical technician -
17        intermediate, emergency medical technician  -  paramedic,
18        ambulance  driver,  or  other medical assistance or first
19        aid personnel from performing his official duties, or  in
20        retaliation   for  the  emergency  medical  technician  -
21        ambulance, emergency medical technician  -  intermediate,
22        emergency   medical  technician  -  paramedic,  ambulance
23        driver,  or  other  medical  assistance  or   first   aid
24        personnel performing his official duties; or.
25             (7)  Discharges  a  firearm  in  the  direction of a
26        person he or she knows to be a teacher  or  other  person
27        employed  in any school and the teacher or other employee
28        is upon the grounds of a school or grounds adjacent to  a
29        school,  or  is in any part of a building used for school
30        purposes.
31        (b)  A violation  of  subsection  (a)(1)  or   subsection
32    (a)(2)  of  this Section is a Class 1 felony.  A violation of
33    subsection (a)(3), (a)(4), (a)(5), or (a)(6),  or  (a)(7)  of
34    this Section is a Class X felony for which the sentence shall
 
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 1    be  a  term  of imprisonment of no less than 10 years and not
 2    more than 45 years.
 3    (Source: P.A. 90-651, eff. 1-1-99; revised 10-31-98.)

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