State of Illinois
91st General Assembly
Legislation

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91_HB3394

 
                                               LRB9111525RCpk

 1        AN ACT in relation to criminal law.

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

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

 6        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
 7        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
 8    Exceptions - Separate Hearings - Proof - Findings - Appellate
 9    procedures - Reversals.
10        (a)  A person who  kills  an  individual  without  lawful
11    justification  commits  first degree murder if, in performing
12    the acts which cause the death:
13             (1)  he either intends to kill or  do  great  bodily
14        harm  to  that  individual or another, or knows that such
15        acts will cause death to that individual or another; or
16             (2)  he  knows  that  such  acts  create  a   strong
17        probability  of  death  or  great  bodily  harm  to  that
18        individual or another; or
19             (3)  he  is  attempting  or  committing  a  forcible
20        felony other than second degree murder.
21        (b)  Aggravating Factors.  A defendant who at the time of
22    the  commission  of the offense has attained the age of 18 or
23    more and who has been found guilty of first degree murder may
24    be sentenced to death if:
25             (1)  the murdered individual was a peace officer  or
26        fireman  killed  in  the  course of performing his or her
27        official duties, to prevent the performance of his or her
28        official duties, or in retaliation for performing his  or
29        her  official  duties,  and  the defendant knew or should
30        have known that  the  murdered  individual  was  a  peace
31        officer or fireman; or
 
                            -2-                LRB9111525RCpk
 1             (2)  the  murdered  individual was an employee of an
 2        institution or facility of the Department of Corrections,
 3        or any similar local correctional agency, killed  in  the
 4        course  of performing his official duties, to prevent the
 5        performance of his official duties, or in retaliation for
 6        performing  his  official   duties,   or   the   murdered
 7        individual  was an inmate at such institution or facility
 8        and was killed on the grounds thereof,  or  the  murdered
 9        individual  was  otherwise present in such institution or
10        facility with the knowledge and  approval  of  the  chief
11        administrative officer thereof; or
12             (3)  the  defendant  has been convicted of murdering
13        two or more individuals  under  subsection  (a)  of  this
14        Section  or  under any law of the United States or of any
15        state which is substantially similar to subsection (a) of
16        this Section regardless  of whether the  deaths  occurred
17        as  the  result  of the same act or of several related or
18        unrelated acts so long as the deaths were the  result  of
19        either  an  intent  to  kill  more  than one person or of
20        separate acts which the defendant knew would cause  death
21        or  create  a strong probability of death or great bodily
22        harm to the murdered individual or another; or
23             (4)  the murdered individual was killed as a  result
24        of  the  hijacking  of  an  airplane, train, ship, bus or
25        other public conveyance; or
26             (5)  the defendant committed the murder pursuant  to
27        a contract, agreement or understanding by which he was to
28        receive   money  or  anything  of  value  in  return  for
29        committing the murder or procured another to  commit  the
30        murder for money or anything of value; or
31             (6)  the  murdered  individual  was  killed  in  the
32        course of another felony if:
33                  (a)  the murdered individual:
34                       (i)  was actually killed by the defendant,
 
                            -3-                LRB9111525RCpk
 1                  or
 2                       (ii)  received      physical      injuries
 3                  personally    inflicted    by   the   defendant
 4                  substantially contemporaneously  with  physical
 5                  injuries  caused  by  one  or  more persons for
 6                  whose  conduct   the   defendant   is   legally
 7                  accountable under Section 5-2 of this Code, and
 8                  the  physical  injuries inflicted by either the
 9                  defendant or the other person  or  persons  for
10                  whose  conduct he is legally accountable caused
11                  the death of the murdered individual; and
12                  (b)  in performing the acts  which  caused  the
13             death  of  the murdered individual or which resulted
14             in physical injuries  personally  inflicted  by  the
15             defendant  on  the  murdered  individual  under  the
16             circumstances  of  subdivision  (ii) of subparagraph
17             (a) of paragraph  (6)  of  subsection  (b)  of  this
18             Section, the defendant acted with the intent to kill
19             the  murdered  individual or with the knowledge that
20             his acts created a strong probability  of  death  or
21             great  bodily  harm  to  the  murdered individual or
22             another; and
23                  (c)  the other felony was one of the following:
24             armed robbery, armed  violence,  robbery,  predatory
25             criminal  sexual  assault  of  a  child,  aggravated
26             criminal   sexual  assault,  aggravated  kidnapping,
27             aggravated vehicular hijacking, forcible  detention,
28             arson,   aggravated   arson,   aggravated  stalking,
29             burglary,  residential  burglary,   home   invasion,
30             calculated  criminal  drug  conspiracy as defined in
31             Section 405 of the  Illinois  Controlled  Substances
32             Act,  streetgang criminal drug conspiracy as defined
33             in  Section  405.2  of   the   Illinois   Controlled
34             Substances  Act, or the attempt to commit any of the
 
                            -4-                LRB9111525RCpk
 1             felonies listed in this subsection (c); or
 2             (7)  the murdered individual was under 12  years  of
 3        age  and  the death resulted from exceptionally brutal or
 4        heinous behavior indicative of wanton cruelty; or
 5             (8)  the defendant committed the murder with  intent
 6        to prevent the murdered individual from testifying in any
 7        criminal prosecution or giving material assistance to the
 8        State in any investigation or prosecution, either against
 9        the  defendant or another; or the defendant committed the
10        murder because the murdered individual was a  witness  in
11        any  prosecution or gave material assistance to the State
12        in any investigation or prosecution, either  against  the
13        defendant or another; or
14             (9)  the  defendant,  while  committing  an  offense
15        punishable  under Sections 401, 401.1, 401.2, 405, 405.2,
16        407 or 407.1 or subsection (b)  of  Section  404  of  the
17        Illinois Controlled Substances Act, or while engaged in a
18        conspiracy   or  solicitation  to  commit  such  offense,
19        intentionally  killed   an   individual   or   counseled,
20        commanded,  induced,  procured  or caused the intentional
21        killing of the murdered individual; or
22             (10)  the   defendant   was   incarcerated   in   an
23        institution or facility of the Department of  Corrections
24        at  the  time  of  the  murder,  and  while committing an
25        offense punishable as a felony  under  Illinois  law,  or
26        while  engaged  in a conspiracy or solicitation to commit
27        such  offense,  intentionally  killed  an  individual  or
28        counseled, commanded, induced,  procured  or  caused  the
29        intentional killing of the murdered individual; or
30             (11)  the murder was committed in a cold, calculated
31        and  premeditated manner pursuant to a preconceived plan,
32        scheme or design to take a human life by unlawful  means,
33        and  the  conduct  of  the defendant created a reasonable
34        expectation that the death of a human being would  result
 
                            -5-                LRB9111525RCpk
 1        therefrom; or
 2             (12)  the   murdered  individual  was  an  emergency
 3        medical  technician  -   ambulance,   emergency   medical
 4        technician - intermediate, emergency medical technician -
 5        paramedic,  ambulance driver, or other medical assistance
 6        or first aid personnel, employed  by  a  municipality  or
 7        other   governmental   unit,  killed  in  the  course  of
 8        performing  his   official   duties,   to   prevent   the
 9        performance of his official duties, or in retaliation for
10        performing his official duties, and the defendant knew or
11        should  have  known  that  the murdered individual was an
12        emergency  medical  technician  -  ambulance,   emergency
13        medical  technician  -  intermediate,  emergency  medical
14        technician   -  paramedic,  ambulance  driver,  or  other
15        medical assistance or first aid personnel; or
16             (13)  the defendant was a  principal  administrator,
17        organizer,  or  leader  of  a  calculated  criminal  drug
18        conspiracy  consisting  of  a  hierarchical  position  of
19        authority  superior  to  that of all other members of the
20        conspiracy,  and  the  defendant  counseled,   commanded,
21        induced,  procured,  or caused the intentional killing of
22        the murdered person; or
23             (14)  the murder was intentional  and  involved  the
24        infliction  of  torture.  For the purpose of this Section
25        torture means the infliction of or subjection to  extreme
26        physical  pain,  motivated  by  an  intent to increase or
27        prolong the pain, suffering or agony of the victim; or
28             (15)  the murder was committed as a  result  of  the
29        intentional  discharge of a firearm by the defendant from
30        a motor vehicle and the victim was not present within the
31        motor vehicle; or
32             (16)  the murdered individual was 60 years of age or
33        older and the death resulted from exceptionally brutal or
34        heinous behavior indicative of wanton cruelty; or
 
                            -6-                LRB9111525RCpk
 1             (17)  the murdered individual was a disabled  person
 2        and  the  defendant  knew  or  should have known that the
 3        murdered individual was disabled.  For purposes  of  this
 4        paragraph  (17),  "disabled  person"  means  a person who
 5        suffers from a permanent physical  or  mental  impairment
 6        resulting from disease, an injury, a functional disorder,
 7        or   a  congenital  condition  that  renders  the  person
 8        incapable of adequately providing  for  his  or  her  own
 9        health or personal care; or
10             (18)  the  murder  was  committed  by  reason of any
11        person's activity as a community policing volunteer or to
12        prevent  any  person  from  engaging  in  activity  as  a
13        community policing volunteer; or
14             (19)  the murdered  individual  was  subject  to  an
15        order  of  protection  and  the murder was committed by a
16        person against whom the  same  order  of  protection  was
17        issued  under the Illinois Domestic Violence Act of 1986;
18        or
19             (20)  the  murdered  individual  was  known  by  the
20        defendant to be a teacher or other person employed in any
21        school and the teacher or  other  employee  is  upon  the
22        grounds  of  a school or grounds adjacent to a school, or
23        is in any part of a building used for school purposes.
24          (c)  Consideration  of  factors  in   Aggravation   and
25    Mitigation.
26        The  court  shall consider, or shall instruct the jury to
27    consider any aggravating and any mitigating factors which are
28    relevant to the imposition of the death penalty.  Aggravating
29    factors may include but need not be limited to those  factors
30    set  forth  in subsection (b). Mitigating factors may include
31    but need not be limited to the following:
32             (1)  the defendant has  no  significant  history  of
33        prior criminal activity;
34             (2)  the  murder  was  committed while the defendant
 
                            -7-                LRB9111525RCpk
 1        was under the influence of extreme  mental  or  emotional
 2        disturbance, although not such as to constitute a defense
 3        to prosecution;
 4             (3)  the  murdered  individual  was a participant in
 5        the defendant's homicidal conduct  or  consented  to  the
 6        homicidal act;
 7             (4)  the  defendant  acted  under  the compulsion of
 8        threat or menace of the imminent infliction of  death  or
 9        great bodily harm;
10             (5)  the defendant was not personally present during
11        commission of the act or acts causing death.
12        (d)  Separate sentencing hearing.
13        Where  requested  by the State, the court shall conduct a
14    separate sentencing proceeding to determine the existence  of
15    factors  set  forth  in  subsection  (b)  and to consider any
16    aggravating or mitigating factors as indicated in  subsection
17    (c).  The proceeding shall be conducted:
18             (1)  before the jury that determined the defendant's
19        guilt; or
20             (2)  before a jury impanelled for the purpose of the
21        proceeding if:
22                  A.  the  defendant was convicted upon a plea of
23             guilty; or
24                  B.  the defendant was convicted after  a  trial
25             before the court sitting without a jury; or
26                  C.  the  court  for good cause shown discharges
27             the jury that determined the defendant's guilt; or
28             (3)  before the court alone if the defendant  waives
29        a jury for the separate proceeding.
30        (e)  Evidence and Argument.
31        During  the proceeding any information relevant to any of
32    the factors set forth in subsection (b) may be  presented  by
33    either  the  State or the defendant under the rules governing
34    the  admission  of  evidence   at   criminal   trials.    Any
 
                            -8-                LRB9111525RCpk
 1    information relevant to any additional aggravating factors or
 2    any  mitigating  factors  indicated  in subsection (c) may be
 3    presented  by  the  State  or  defendant  regardless  of  its
 4    admissibility under the  rules  governing  the  admission  of
 5    evidence  at  criminal  trials.  The  State and the defendant
 6    shall be given fair  opportunity  to  rebut  any  information
 7    received at the hearing.
 8        (f)  Proof.
 9        The  burden of proof of establishing the existence of any
10    of the factors set forth in subsection (b) is  on  the  State
11    and  shall  not  be  satisfied  unless  established  beyond a
12    reasonable doubt.
13        (g)  Procedure - Jury.
14        If at the separate sentencing proceeding the  jury  finds
15    that  none of the factors set forth in subsection (b) exists,
16    the  court  shall  sentence  the  defendant  to  a  term   of
17    imprisonment   under   Chapter  V  of  the  Unified  Code  of
18    Corrections.  If there is a unanimous  finding  by  the  jury
19    that  one  or more of the factors set forth in subsection (b)
20    exist, the jury shall  consider  aggravating  and  mitigating
21    factors  as  instructed  by  the  court  and  shall determine
22    whether the sentence of death shall be imposed.  If the  jury
23    determines  unanimously  that there are no mitigating factors
24    sufficient to preclude the imposition of the death  sentence,
25    the court shall sentence the defendant to death.
26        Unless  the  jury  unanimously  finds  that  there are no
27    mitigating factors sufficient to preclude the  imposition  of
28    the  death sentence the court shall sentence the defendant to
29    a term of imprisonment under Chapter V of the Unified Code of
30    Corrections.
31        (h)  Procedure - No Jury.
32        In a proceeding before the  court  alone,  if  the  court
33    finds  that  none  of  the  factors  found  in subsection (b)
34    exists, the court shall sentence the defendant to a  term  of
 
                            -9-                LRB9111525RCpk
 1    imprisonment   under  Chapter  V  of   the  Unified  Code  of
 2    Corrections.
 3        If the Court determines that one or more of  the  factors
 4    set  forth in subsection (b) exists, the Court shall consider
 5    any  aggravating  and  mitigating  factors  as  indicated  in
 6    subsection (c).  If the Court determines that  there  are  no
 7    mitigating  factors  sufficient to preclude the imposition of
 8    the death sentence, the Court shall sentence the defendant to
 9    death.
10        Unless the court  finds  that  there  are  no  mitigating
11    factors sufficient to preclude the imposition of the sentence
12    of death, the court shall sentence the defendant to a term of
13    imprisonment   under   Chapter  V  of  the  Unified  Code  of
14    Corrections.
15        (i)  Appellate Procedure.
16        The conviction and sentence of death shall be subject  to
17    automatic  review by the Supreme Court.  Such review shall be
18    in accordance with rules promulgated by the Supreme Court.
19        (j)  Disposition of reversed death sentence.
20        In the event that the death penalty in this Act  is  held
21    to  be  unconstitutional  by  the Supreme Court of the United
22    States or of the State of Illinois, any person  convicted  of
23    first degree murder shall be sentenced by the court to a term
24    of  imprisonment  under  Chapter  V  of  the  Unified Code of
25    Corrections.
26        In the event that any  death  sentence  pursuant  to  the
27    sentencing   provisions   of   this   Section   is   declared
28    unconstitutional by the Supreme Court of the United States or
29    of  the State of Illinois, the court having jurisdiction over
30    a person  previously  sentenced  to  death  shall  cause  the
31    defendant to be brought before the court, and the court shall
32    sentence the  defendant  to  a  term  of  imprisonment  under
33    Chapter V of the Unified Code of Corrections.
34    (Source: P.A.  90-213,  eff.  1-1-98;  90-651,  eff.  1-1-99;
 
                            -10-               LRB9111525RCpk
 1    90-668,  eff.  1-1-99;  91-357,  eff.  7-29-99;  91-434, eff.
 2    1-1-00.)

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