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91_HB4594
LRB9111705RCpr
1 AN ACT to abolish the death penalty.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Department of State Police Law of the
5 Civil Administrative Code of Illinois is amended by changing
6 Section 2605-40 as follows:
7 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
8 Sec. 2605-40. Division of Forensic Services. The
9 Division of Forensic Services shall exercise the following
10 functions:
11 (1) Exercise the rights, powers, and duties vested
12 by law in the Department by the Criminal Identification
13 Act.
14 (2) Exercise the rights, powers, and duties vested
15 by law in the Department by Section 2605-300 of this Law.
16 (3) Provide assistance to local law enforcement
17 agencies through training, management, and consultant
18 services.
19 (4) Exercise the rights, powers, and duties vested
20 by law in the Department by the Firearm Owners
21 Identification Card Act.
22 (5) Exercise other duties that may be assigned by
23 the Director in order to fulfill the responsibilities and
24 achieve the purposes of the Department.
25 (6) Establish and operate a forensic science
26 laboratory system, including a forensic toxicological
27 laboratory service, for the purpose of testing specimens
28 submitted by coroners and other law enforcement officers
29 in their efforts to determine whether alcohol, drugs, or
30 poisonous or other toxic substances have been involved in
31 deaths, accidents, or illness. Forensic toxicological
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1 laboratories shall be established in Springfield,
2 Chicago, and elsewhere in the State as needed.; and
3 7. Subject to specific appropriations made for
4 these purposes, to establish and coordinate a system for
5 providing accurate and expedited forensic science and
6 other investigative and laboratory services to local law
7 enforcement agencies and local State's Attorneys in aid
8 of the investigation and trial of capital cases.
9 (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00;
10 91-589, eff. 1-1-00; revised 10-26-99.)
11 Section 5. The Criminal Identification Act is amended by
12 changing Section 2.1 as follows:
13 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
14 Sec. 2.1. For the purpose of maintaining complete and
15 accurate criminal records of the Department of State Police,
16 it is necessary for all policing bodies of this State, the
17 clerk of the circuit court, the Illinois Department of
18 Corrections, the sheriff of each county, and State's Attorney
19 of each county to submit certain criminal arrest, charge, and
20 disposition information to the Department for filing at the
21 earliest time possible. Unless otherwise noted herein, it
22 shall be the duty of all policing bodies of this State, the
23 clerk of the circuit court, the Illinois Department of
24 Corrections, the sheriff of each county, and the State's
25 Attorney of each county to report such information as
26 provided in this Section, both in the form and manner
27 required by the Department and within 30 days of the criminal
28 history event. Specifically:
29 (a) Arrest Information. All agencies making arrests for
30 offenses which are required by statute to be collected,
31 maintained or disseminated by the Department of State Police
32 shall be responsible for furnishing daily to the Department
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1 fingerprints, charges and descriptions of all persons who are
2 arrested for such offenses. All such agencies shall also
3 notify the Department of all decisions by the arresting
4 agency not to refer such arrests for prosecution. With
5 approval of the Department, an agency making such arrests may
6 enter into arrangements with other agencies for the purpose
7 of furnishing daily such fingerprints, charges and
8 descriptions to the Department upon its behalf.
9 (b) Charge Information. The State's Attorney of each
10 county shall notify the Department of all charges filed and
11 all petitions filed alleging that a minor is delinquent,
12 including all those added subsequent to the filing of a case,
13 and whether charges were not filed in cases for which the
14 Department has received information required to be reported
15 pursuant to paragraph (a) of this Section. With approval of
16 the Department, the State's Attorney may enter into
17 arrangements with other agencies for the purpose of
18 furnishing the information required by this subsection (b) to
19 the Department upon the State's Attorney's behalf.
20 (c) Disposition Information. The clerk of the circuit
21 court of each county shall furnish the Department, in the
22 form and manner required by the Supreme Court, with all final
23 dispositions of cases for which the Department has received
24 information required to be reported pursuant to paragraph (a)
25 or (d) of this Section. Such information shall include, for
26 each charge, all (1) judgments of not guilty, judgments of
27 guilty including the sentence pronounced by the court,
28 findings that a minor is delinquent and any sentence made
29 based on those findings, discharges and dismissals in the
30 court; (2) reviewing court orders filed with the clerk of the
31 circuit court which reverse or remand a reported conviction
32 or findings that a minor is delinquent or that vacate or
33 modify a sentence or sentence made following a trial that a
34 minor is delinquent; (3) continuances to a date certain in
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1 furtherance of an order of supervision granted under Section
2 5-6-1 of the Unified Code of Corrections or an order of
3 probation granted under Section 10 of the Cannabis Control
4 Act, Section 410 of the Illinois Controlled Substances Act,
5 Section 12-4.3 of the Criminal Code of 1961, Section 10-102
6 of the Illinois Alcoholism and Other Drug Dependency Act,
7 Section 40-10 of the Alcoholism and Other Drug Abuse and
8 Dependency Act, Section 10 of the Steroid Control Act, or
9 Section 5-615 of the Juvenile Court Act of 1987; and (4)
10 judgments or court orders terminating or revoking a sentence
11 to or juvenile disposition of probation, supervision or
12 conditional discharge and any resentencing or new court
13 orders entered by a juvenile court relating to the
14 disposition of a minor's case involving delinquency after
15 such revocation.
16 (d) Fingerprints After Sentencing.
17 (1) After the court pronounces sentence, sentences a
18 minor following a trial in which a minor was found to be
19 delinquent or issues an order of supervision or an order
20 of probation granted under Section 10 of the Cannabis
21 Control Act, Section 410 of the Illinois Controlled
22 Substances Act, Section 12-4.3 of the Criminal Code of
23 1961, Section 10-102 of the Illinois Alcoholism and Other
24 Drug Dependency Act, Section 40-10 of the Alcoholism and
25 Other Drug Abuse and Dependency Act, Section 10 of the
26 Steroid Control Act, or Section 5-615 of the Juvenile
27 Court Act of 1987 for any offense which is required by
28 statute to be collected, maintained, or disseminated by
29 the Department of State Police, the State's Attorney of
30 each county shall ask the court to order a law
31 enforcement agency to fingerprint immediately all persons
32 appearing before the court who have not previously been
33 fingerprinted for the same case. The court shall so order
34 the requested fingerprinting, if it determines that any
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1 such person has not previously been fingerprinted for the
2 same case. The law enforcement agency shall submit such
3 fingerprints to the Department daily.
4 (2) After the court pronounces sentence or makes a
5 disposition of a case following a finding of delinquency
6 for any offense which is not required by statute to be
7 collected, maintained, or disseminated by the Department
8 of State Police, the prosecuting attorney may ask the
9 court to order a law enforcement agency to fingerprint
10 immediately all persons appearing before the court who
11 have not previously been fingerprinted for the same case.
12 The court may so order the requested fingerprinting, if
13 it determines that any so sentenced person has not
14 previously been fingerprinted for the same case. The law
15 enforcement agency may retain such fingerprints in its
16 files.
17 (e) Corrections Information. The Illinois Department of
18 Corrections and the sheriff of each county shall furnish the
19 Department with all information concerning the receipt,
20 escape, execution before the effective date of this
21 amendatory Act of the 91st General Assembly, death, release,
22 pardon, parole, commutation of sentence, granting of
23 executive clemency or discharge of an individual who has been
24 sentenced or committed to the agency's custody for any
25 offenses which are mandated by statute to be collected,
26 maintained or disseminated by the Department of State Police.
27 For an individual who has been charged with any such offense
28 and who escapes from custody or dies while in custody, all
29 information concerning the receipt and escape or death,
30 whichever is appropriate, shall also be so furnished to the
31 Department.
32 (Source: P.A. 90-590, eff. 1-1-00.)
33 (30 ILCS 105/5.490 rep.)
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1 Section 10. The State Finance Act is amended by
2 repealing Section 5.490 (added by Public Act 91-589) on July
3 1, 2002.
4 Section 15. The Counties Code is amended by changing
5 Sections 3-9005 and 3-4011 as follows:
6 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
7 Sec. 3-9005. Powers and duties of State's attorney.
8 (a) The duty of each State's attorney shall be:
9 (1) To commence and prosecute all actions, suits,
10 indictments and prosecutions, civil and criminal, in the
11 circuit court for his county, in which the people of the
12 State or county may be concerned.
13 (2) To prosecute all forfeited bonds and
14 recognizances, and all actions and proceedings for the
15 recovery of debts, revenues, moneys, fines, penalties and
16 forfeitures accruing to the State or his county, or to
17 any school district or road district in his county; also,
18 to prosecute all suits in his county against railroad or
19 transportation companies, which may be prosecuted in the
20 name of the People of the State of Illinois.
21 (3) To commence and prosecute all actions and
22 proceedings brought by any county officer in his official
23 capacity.
24 (4) To defend all actions and proceedings brought
25 against his county, or against any county or State
26 officer, in his official capacity, within his county.
27 (5) To attend the examination of all persons
28 brought before any judge on habeas corpus, when the
29 prosecution is in his county.
30 (6) To attend before judges and prosecute charges
31 of felony or misdemeanor, for which the offender is
32 required to be recognized to appear before the circuit
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1 court, when in his power so to do.
2 (7) To give his opinion, without fee or reward, to
3 any county officer in his county, upon any question or
4 law relating to any criminal or other matter, in which
5 the people or the county may be concerned.
6 (8) To assist the attorney general whenever it may
7 be necessary, and in cases of appeal from his county to
8 the Supreme Court, to which it is the duty of the
9 attorney general to attend, he shall furnish the attorney
10 general at least 10 days before such is due to be filed,
11 a manuscript of a proposed statement, brief and argument
12 to be printed and filed on behalf of the people, prepared
13 in accordance with the rules of the Supreme Court.
14 However, if such brief, argument or other document is due
15 to be filed by law or order of court within this 10 day
16 period, then the State's attorney shall furnish such as
17 soon as may be reasonable.
18 (9) To pay all moneys received by him in trust,
19 without delay, to the officer who by law is entitled to
20 the custody thereof.
21 (10) To notify, by first class mail, complaining
22 witnesses of the ultimate disposition of the cases
23 arising from an indictment or an information.
24 (11) To perform such other and further duties as
25 may, from time to time, be enjoined on him by law.
26 (12) To appear in all proceedings by collectors of
27 taxes against delinquent taxpayers for judgments to sell
28 real estate, and see that all the necessary preliminary
29 steps have been legally taken to make the judgment legal
30 and binding.
31 (b) The State's Attorney of each county shall have
32 authority to appoint one or more special investigators to
33 serve subpoenas, make return of process and conduct
34 investigations which assist the State's Attorney in the
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1 performance of his duties. A special investigator shall not
2 carry firearms except with permission of the State's Attorney
3 and only while carrying appropriate identification indicating
4 his employment and in the performance of his assigned duties.
5 Subject to the qualifications set forth in this
6 subsection, special investigators shall be peace officers and
7 shall have all the powers possessed by investigators under
8 the State's Attorneys Appellate Prosecutor's Act.
9 No special investigator employed by the State's Attorney
10 shall have peace officer status or exercise police powers
11 unless he or she successfully completes the basic police
12 training course mandated and approved by the Illinois Law
13 Enforcement Training Standards Board or such board waives the
14 training requirement by reason of the special investigator's
15 prior law enforcement experience or training or both. Any
16 State's Attorney appointing a special investigator shall
17 consult with all affected local police agencies, to the
18 extent consistent with the public interest, if the special
19 investigator is assigned to areas within that agency's
20 jurisdiction.
21 Before a person is appointed as a special investigator,
22 his fingerprints shall be taken and transmitted to the
23 Department of State Police. The Department shall examine its
24 records and submit to the State's Attorney of the county in
25 which the investigator seeks appointment any conviction
26 information concerning the person on file with the
27 Department. No person shall be appointed as a special
28 investigator if he has been convicted of a felony or other
29 offense involving moral turpitude. A special investigator
30 shall be paid a salary and be reimbursed for actual expenses
31 incurred in performing his assigned duties. The county board
32 shall approve the salary and actual expenses and appropriate
33 the salary and expenses in the manner prescribed by law or
34 ordinance.
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1 (c) The State's Attorney may request and receive from
2 employers, labor unions, telephone companies, and utility
3 companies location information concerning putative fathers
4 and noncustodial parents for the purpose of establishing a
5 child's paternity or establishing, enforcing, or modifying a
6 child support obligation. In this subsection, "location
7 information" means information about (i) the physical
8 whereabouts of a putative father or noncustodial parent, (ii)
9 the putative father or noncustodial parent's employer, or
10 (iii) the salary, wages, and other compensation paid and the
11 health insurance coverage provided to the putative father or
12 noncustodial parent by the employer of the putative father or
13 noncustodial parent or by a labor union of which the putative
14 father or noncustodial parent is a member.
15 (d) For each State fiscal year, the State's Attorney of
16 Cook County shall appear before the General Assembly and
17 request appropriations to be made from the Capital Litigation
18 Trust Fund to the State Treasurer for the purpose of
19 providing assistance in the prosecution of capital cases in
20 Cook County. The State's Attorney may appear before the
21 General Assembly at other times during the State's fiscal
22 year to request supplemental appropriations from the Trust
23 Fund to the State Treasurer.
24 (Source: P.A. 91-589, eff. 1-1-00.)
25 (55 ILCS 5/3-4011) (from Ch. 34, par. 3-4011)
26 Sec. 3-4011. Expenses and legal services for indigent
27 defendants in felony cases. It shall be the duty of the
28 county board in counties containing fewer than 500,000
29 inhabitants to appropriate a sufficient sum for the purpose
30 of paying for the legal services necessarily rendered for the
31 defense of indigent persons in felony cases, and for costs,
32 expenses and legal services necessary in the prosecution of
33 an appeal when the sentence is death and the sentence was
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1 imposed before the effective date of this amendatory Act of
2 the 91st General Assembly, which is to be paid upon the
3 orders of a court of competent jurisdiction. It shall
4 likewise be the duty of the county board in counties
5 containing fewer than 500,000 inhabitants to appropriate a
6 sufficient sum for the payment of out of pocket expenses
7 necessarily incurred by appointed counsel in the prosecution
8 of an appeal on behalf of an indigent incarcerated defendant
9 in felony cases. In such cases payment shall be made upon the
10 order of the reviewing court.
11 (Source: P.A. 86-962.)
12 (55 ILCS 5/3-4006.1 rep.)
13 Section 20. The Counties Code is amended by repealing
14 Section 3-4006.1.
15 Section 25. The School Code is amended by changing
16 Section 21-23b as follows:
17 (105 ILCS 5/21-23b) (from Ch. 122, par. 21-23b)
18 Sec. 21-23b. Conviction of felony.
19 (a) Whenever the holder of any certificate issued under
20 this Article is employed by the school board of any school
21 district, including a special charter district or school
22 district organized under Article 34, and is convicted, either
23 after a bench trial, trial by jury, or plea of guilty, of any
24 offense for which a sentence to death or a term of
25 imprisonment in a penitentiary for one year or more is
26 provided, the school board shall promptly notify the State
27 Board of Education in writing of the name of the certificate
28 holder, the fact of the conviction, and the name and location
29 of the court in which the conviction occurred.
30 (b) Whenever the State Board of Education receives
31 notice of a conviction under subsection (a) or otherwise
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1 learns that any person who is a "teacher" as that term is
2 defined in Section 16-106 of the Illinois Pension Code has
3 been convicted, either after a bench trial, trial by jury, or
4 plea of guilty, of any offense for which a sentence to death
5 or a term of imprisonment in a penitentiary for one year or
6 more is provided, the State Board of Education shall promptly
7 notify in writing the board of trustees of the Teachers'
8 Retirement System of the State of Illinois and the board of
9 trustees of the Public School Teachers' Pension and
10 Retirement Fund of the City of Chicago of the name of the
11 certificate holder or teacher, the fact of the conviction,
12 the name and location of the court in which the conviction
13 occurred, and the number assigned in that court to the case
14 in which the conviction occurred.
15 (Source: P.A. 87-1001.)
16 Section 30. The Illinois Public Aid Code is amended by
17 changing Section 1-8 as follows:
18 (305 ILCS 5/1-8)
19 Sec. 1-8. Fugitives ineligible.
20 (a) The following persons are not eligible for aid under
21 this Code, or federal food stamps or federal food stamp
22 benefits:
23 (1) A person who has fled from the jurisdiction of
24 any court of record of this or any other state or of the
25 United States to avoid prosecution for a felony or to
26 avoid giving testimony in any criminal proceeding
27 involving the alleged commission of a felony.
28 (2) A person who has fled to avoid imprisonment in
29 a correctional facility of this or any other state or the
30 United States for having committed a felony.
31 (3) A person who has escaped from a correctional
32 facility of this or any other state or the United States
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1 if the person was incarcerated for having committed a
2 felony.
3 (4) A person who is violating a condition of
4 probation or parole imposed under federal or State law.
5 In this Section, "felony" means a violation of a penal
6 statute of this State for which a sentence to a term of
7 imprisonment in a penitentiary for one year or more is
8 provided or a violation of a penal statute of or any other
9 state or the United States for which a sentence to death or
10 to a term of imprisonment in a penitentiary for one year or
11 more is provided.
12 To implement this Section, the Illinois Department may
13 exchange necessary information with an appropriate law
14 enforcement agency of this or any other state, a political
15 subdivision of this or any other state, or the United States.
16 (b) The Illinois Department shall apply for all waivers
17 of federal law and regulations necessary to implement this
18 Section, and implementation of this Section is contingent on
19 the Illinois Department's receipt of those waivers.
20 (Source: P.A. 89-489, eff. 1-1-97; 90-17, eff. 7-1-97.)
21 Section 35. The Criminal Code of 1961 is amended by
22 changing Sections 2-7, 7-10, 9-1, 9-1.2, 30-1, and 33B-1 as
23 follows:
24 (720 ILCS 5/2-7) (from Ch. 38, par. 2-7)
25 Sec. 2-7. "Felony".
26 "Felony" means an offense for which a sentence to death
27 or to a term of imprisonment in a penitentiary for one year
28 or more is provided.
29 (Source: P.A. 77-2638.)
30 (720 ILCS 5/7-10) (from Ch. 38, par. 7-10)
31 Sec. 7-10. Execution of death sentence.
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1 A public officer who, in the exercise of his official
2 duty, puts a person to death pursuant to a sentence of a
3 court of competent jurisdiction made before the effective
4 date of this amendatory Act of the 91st General Assembly, is
5 justified if he acts in accordance with the sentence
6 pronounced and the law prescribing the procedure for
7 execution of a death sentence.
8 (Source: Laws 1961, p. 1983.)
9 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
10 Sec. 9-1. First degree Murder - Death penalties -
11 Exceptions - Separate Hearings - Proof - Findings - Appellate
12 procedures - Reversals.
13 (a) A person who kills an individual without lawful
14 justification commits first degree murder if, in performing
15 the acts which cause the death:
16 (1) he either intends to kill or do great bodily
17 harm to that individual or another, or knows that such
18 acts will cause death to that individual or another; or
19 (2) he knows that such acts create a strong
20 probability of death or great bodily harm to that
21 individual or another; or
22 (3) he is attempting or committing a forcible
23 felony other than second degree murder.
24 (b) Aggravating Factors. A defendant who at the time of
25 the commission of the offense has attained the age of 18 or
26 more and who has been found guilty of first degree murder may
27 be sentenced to a term of natural life imprisonment death if:
28 (1) the murdered individual was a peace officer or
29 fireman killed in the course of performing his official
30 duties, to prevent the performance of his official
31 duties, or in retaliation for performing his official
32 duties, and the defendant knew or should have known that
33 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
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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) 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) (Blank). Consideration of factors in Aggravation
26 and 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) (Blank). 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) (Blank). 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) (Blank). 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) (Blank). 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) (Blank). 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) (Blank). 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) (Blank). 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.
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1 (Source: P.A. 90-213, eff. 1-1-98; 90-651, eff. 1-1-99;
2 90-668, eff. 1-1-99; 91-357, eff. 7-29-99; 91-434, eff.
3 1-1-00.)
4 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
5 Sec. 9-1.2. Intentional Homicide of an Unborn Child.
6 (a) A person commits the offense of intentional homicide
7 of an unborn child if, in performing acts which cause the
8 death of an unborn child, he without lawful justification:
9 (1) either intended to cause the death of or do
10 great bodily harm to the pregnant woman or her unborn
11 child or knew that such acts would cause death or great
12 bodily harm to the pregnant woman or her unborn child; or
13 (2) he knew that his acts created a strong
14 probability of death or great bodily harm to the pregnant
15 woman or her unborn child; and
16 (3) he knew that the woman was pregnant.
17 (b) For purposes of this Section, (1) "unborn child"
18 shall mean any individual of the human species from
19 fertilization until birth, and (2) "person" shall not include
20 the pregnant woman whose unborn child is killed.
21 (c) This Section shall not apply to acts which cause the
22 death of an unborn child if those acts were committed during
23 any abortion, as defined in Section 2 of the Illinois
24 Abortion Law of 1975, as amended, to which the pregnant woman
25 has consented. This Section shall not apply to acts which
26 were committed pursuant to usual and customary standards of
27 medical practice during diagnostic testing or therapeutic
28 treatment.
29 (d) Penalty. The sentence for intentional homicide of
30 an unborn child shall be the same as for first degree murder,
31 except that:
32 (1) (Blank); the death penalty may not be imposed;
33 (2) if the person committed the offense while armed
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1 with a firearm, 15 years shall be added to the term of
2 imprisonment imposed by the court;
3 (3) if, during the commission of the offense, the
4 person personally discharged a firearm, 20 years shall be
5 added to the term of imprisonment imposed by the court;
6 (4) if, during the commission of the offense, the
7 person personally discharged a firearm that proximately
8 caused great bodily harm, permanent disability, permanent
9 disfigurement, or death to another person, 25 years or up
10 to a term of natural life shall be added to the term of
11 imprisonment imposed by the court.
12 (e) The provisions of this Act shall not be construed to
13 prohibit the prosecution of any person under any other
14 provision of law.
15 (Source: P.A. 91-404, eff. 1-1-00.)
16 (720 ILCS 5/30-1) (from Ch. 38, par. 30-1)
17 Sec. 30-1. Treason. (a) A person owing allegiance to this
18 State commits treason when he or she knowingly:
19 (1) Levies war against this State; or
20 (2) Adheres to the enemies of this State, giving
21 them aid or comfort.
22 (b) No person may be convicted of treason except on the
23 testimony of 2 witnesses to the same overt act, or on his
24 confession in open court.
25 (c) Sentence. Treason is a Class X felony for which an
26 offender may be sentenced to death under Section 5-5-3 of the
27 Unified Code of Corrections.
28 (Source: P.A. 80-1099.)
29 (720 ILCS 5/33B-1) (from Ch. 38, par. 33B-1)
30 Sec. 33B-1. (a) Every person who has been twice
31 convicted in any state or federal court of an offense that
32 contains the same elements as an offense now classified in
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1 Illinois as a Class X felony, criminal sexual assault,
2 aggravated kidnapping or first degree murder, and is
3 thereafter convicted of a Class X felony, criminal sexual
4 assault or first degree murder, committed after the 2 prior
5 convictions, shall be adjudged an habitual criminal.
6 (b) The 2 prior convictions need not have been for the
7 same offense.
8 (c) Any convictions which result from or are connected
9 with the same transaction, or result from offenses committed
10 at the same time, shall be counted for the purposes of this
11 Section as one conviction.
12 (d) This Article shall not apply unless each of the
13 following requirements are satisfied:
14 (1) the third offense was committed after the
15 effective date of this Act;
16 (2) the third offense was committed within 20 years
17 of the date that judgment was entered on the first
18 conviction, provided, however, that time spent in custody
19 shall not be counted;
20 (3) the third offense was committed after
21 conviction on the second offense;
22 (4) the second offense was committed after
23 conviction on the first offense.
24 (e) Except when the death penalty is imposed, Anyone
25 adjudged an habitual criminal shall be sentenced to life
26 imprisonment.
27 (Source: P.A. 88-677, eff. 12-15-94.)
28 Section 40. The Cannabis Control Act is amended by
29 changing Section 9 as follows:
30 (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
31 Sec. 9. (a) Any person who engages in a calculated
32 criminal cannabis conspiracy, as defined in subsection (b),
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1 is guilty of a Class 3 felony, and fined not more than
2 $200,000 and shall be subject to the forfeitures prescribed
3 in subsection (c); except that, if any person engages in such
4 offense after one or more prior convictions under this
5 Section, Section 4 (d), Section 5 (d), Section 8 (d) or any
6 law of the United States or of any State relating to
7 cannabis, or controlled substances as defined in the Illinois
8 Controlled Substances Act, in addition to the fine and
9 forfeiture authorized above, he shall be guilty of a Class 1
10 felony for which an offender may not be sentenced to death.
11 (b) For purposes of this section, a person engages in a
12 calculated criminal cannabis conspiracy when:
13 (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8
14 (c) or 8 (d) of this Act; and
15 (2) such violation is a part of a conspiracy undertaken
16 or carried on with 2 or more other persons; and
17 (3) he obtains anything of value greater than $500 from,
18 or organizes, directs or finances such violation or
19 conspiracy.
20 (c) Any person who is convicted under this Section of
21 engaging in a calculated criminal cannabis conspiracy shall
22 forfeit to the State of Illinois:
23 (1) the receipts obtained by him in such conspiracy; and
24 (2) any of his interests in, claims against, receipts
25 from, or property or rights of any kind affording a source of
26 influence over, such conspiracy.
27 (d) The circuit court may enter such injunctions,
28 restraining orders, directions, or prohibitions, or take such
29 other actions, including the acceptance of satisfactory
30 performance bonds, in connection with any property, claim,
31 receipt, right or other interest subject to forfeiture under
32 this Section, as it deems proper.
33 (Source: P.A. 84-1233.)
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1 Section 45. The Code of Criminal Procedure of 1963 is
2 amended by changing Sections 104-26, 113-3, 114-5, 115-4,
3 115-4.1, 119-5, 121-13, 122-1, 122-2.1 and 122-4 as follows:
4 (725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
5 Sec. 104-26. Disposition of Defendants suffering
6 disabilities.
7 (a) A defendant convicted following a trial conducted
8 under the provisions of Section 104-22 shall not be sentenced
9 before a written presentence report of investigation is
10 presented to and considered by the court. The presentence
11 report shall be prepared pursuant to Sections 5-3-2, 5-3-3
12 and 5-3-4 of the Unified Code of Corrections, as now or
13 hereafter amended, and shall include a physical and mental
14 examination unless the court finds that the reports of prior
15 physical and mental examinations conducted pursuant to this
16 Article are adequate and recent enough so that additional
17 examinations would be unnecessary.
18 (b) (Blank). A defendant convicted following a trial
19 under Section 104-22 shall not be subject to the death
20 penalty.
21 (c) A defendant convicted following a trial under
22 Section 104-22 shall be sentenced according to the procedures
23 and dispositions authorized under the Unified Code of
24 Corrections, as now or hereafter amended, subject to the
25 following provisions:
26 (1) The court shall not impose a sentence of
27 imprisonment upon the offender if the court believes that
28 because of his disability a sentence of imprisonment
29 would not serve the ends of justice and the interests of
30 society and the offender or that because of his
31 disability a sentence of imprisonment would subject the
32 offender to excessive hardship. In addition to any other
33 conditions of a sentence of conditional discharge or
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1 probation the court may require that the offender undergo
2 treatment appropriate to his mental or physical
3 condition.
4 (2) After imposing a sentence of imprisonment upon
5 an offender who has a mental disability, the court may
6 remand him to the custody of the Department of Human
7 Services and order a hearing to be conducted pursuant to
8 the provisions of the Mental Health and Developmental
9 Disabilities Code, as now or hereafter amended. If the
10 offender is committed following such hearing, he shall be
11 treated in the same manner as any other civilly committed
12 patient for all purposes except as provided in this
13 Section. If the defendant is not committed pursuant to
14 such hearing, he shall be remanded to the sentencing
15 court for disposition according to the sentence imposed.
16 (3) If the court imposes a sentence of imprisonment
17 upon an offender who has a mental disability but does not
18 proceed under subparagraph (2) of paragraph (c) of this
19 Section, it shall order the Department of Corrections to
20 proceed pursuant to Section 3-8-5 of the Unified Code of
21 Corrections, as now or hereafter amended.
22 (4) If the court imposes a sentence of imprisonment
23 upon an offender who has a physical disability, it may
24 authorize the Department of Corrections to place the
25 offender in a public or private facility which is able to
26 provide care or treatment for the offender's disability
27 and which agrees to do so.
28 (5) When an offender is placed with the Department
29 of Human Services or another facility pursuant to
30 subparagraph (2) or (4) of this paragraph (c), the
31 Department or private facility shall not discharge or
32 allow the offender to be at large in the community
33 without prior approval of the court. If the defendant is
34 placed in the custody of the Department of Human
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1 Services, the defendant shall be placed in a secure
2 setting unless the court determines that there are
3 compelling reasons why such placement is not necessary.
4 The offender shall accrue good time and shall be eligible
5 for parole in the same manner as if he were serving his
6 sentence within the Department of Corrections. When the
7 offender no longer requires hospitalization, care, or
8 treatment, the Department of Human Services or the
9 facility shall transfer him, if his sentence has not
10 expired, to the Department of Corrections. If an
11 offender is transferred to the Department of Corrections,
12 the Department of Human Services shall transfer to the
13 Department of Corrections all related records pertaining
14 to length of custody and treatment services provided
15 during the time the offender was held.
16 (6) The Department of Corrections shall notify the
17 Department of Human Services or a facility in which an
18 offender has been placed pursuant to subparagraph (2) or
19 (4) of paragraph (c) of this Section of the expiration of
20 his sentence. Thereafter, an offender in the Department
21 of Human Services shall continue to be treated pursuant
22 to his commitment order and shall be considered a civilly
23 committed patient for all purposes including discharge.
24 An offender who is in a facility pursuant to subparagraph
25 (4) of paragraph (c) of this Section shall be informed by
26 the facility of the expiration of his sentence, and shall
27 either consent to the continuation of his care or
28 treatment by the facility or shall be discharged.
29 (Source: P.A. 89-507, eff. 7-1-97.)
30 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
31 Sec. 113-3. (a) Every person charged with an offense
32 shall be allowed counsel before pleading to the charge. If
33 the defendant desires counsel and has been unable to obtain
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1 same before arraignment the court shall recess court or
2 continue the cause for a reasonable time to permit defendant
3 to obtain counsel and consult with him before pleading to the
4 charge. If the accused is a dissolved corporation, and is not
5 represented by counsel, the court may, in the interest of
6 justice, appoint as counsel a licensed attorney of this
7 State.
8 (b) In all cases, except where the penalty is a fine
9 only, if the court determines that the defendant is indigent
10 and desires counsel, the Public Defender shall be appointed
11 as counsel. If there is no Public Defender in the county or
12 if the defendant requests counsel other than the Public
13 Defender and the court finds that the rights of the defendant
14 will be prejudiced by the appointment of the Public Defender,
15 the court shall appoint as counsel a licensed attorney at law
16 of this State, except that in a county having a population of
17 2,000,000 1,000,000 or more the Public Defender shall be
18 appointed as counsel in all misdemeanor cases where the
19 defendant is indigent and desires counsel unless the case
20 involves multiple defendants, in which case the court may
21 appoint counsel other than the Public Defender for the
22 additional defendants. The court shall require an affidavit
23 signed by any defendant who requests court-appointed counsel.
24 Such affidavit shall be in the form established by the
25 Supreme Court containing sufficient information to ascertain
26 the assets and liabilities of that defendant. The Court may
27 direct the Clerk of the Circuit Court to assist the defendant
28 in the completion of the affidavit. Any person who knowingly
29 files such affidavit containing false information concerning
30 his assets and liabilities shall be liable to the county
31 where the case, in which such false affidavit is filed, is
32 pending for the reasonable value of the services rendered by
33 the public defender or other court-appointed counsel in the
34 case to the extent that such services were unjustly or
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1 falsely procured.
2 (c) Upon the filing with the court of a verified
3 statement of services rendered the court shall order the
4 county treasurer of the county of trial to pay counsel other
5 than the Public Defender a reasonable fee. The court shall
6 consider all relevant circumstances, including but not
7 limited to the time spent while court is in session, other
8 time spent in representing the defendant, and expenses
9 reasonably incurred by counsel. In counties with a
10 population greater than 2,000,000, the court shall order the
11 county treasurer of the county of trial to pay counsel other
12 than the Public Defender a reasonable fee stated in the order
13 and based upon a rate of compensation of not more than $40
14 for each hour spent while court is in session and not more
15 than $30 for each hour otherwise spent representing a
16 defendant, and such compensation shall not exceed $150 for
17 each defendant represented in misdemeanor cases and $1250 in
18 felony cases, in addition to expenses reasonably incurred as
19 hereinafter in this Section provided, except that, in
20 extraordinary circumstances, payment in excess of the limits
21 herein stated may be made if the trial court certifies that
22 such payment is necessary to provide fair compensation for
23 protracted representation. A trial court may entertain the
24 filing of this verified statement before the termination of
25 the cause, and may order the provisional payment of sums
26 during the pendency of the cause.
27 (d) (Blank). In capital cases, in addition to counsel,
28 if the court determines that the defendant is indigent the
29 court may, upon the filing with the court of a verified
30 statement of services rendered, order the county Treasurer of
31 the county of trial to pay necessary expert witnesses for
32 defendant reasonable compensation stated in the order not to
33 exceed $250 for each defendant.
34 (e) If the court in any county having a population
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1 greater than 2,000,000 1,000,000 determines that the
2 defendant is indigent the court may, upon the filing with the
3 court of a verified statement of such expenses, order the
4 county treasurer of the county of trial, in such counties
5 having a population greater than 2,000,000 1,000,000 to pay
6 the general expenses of the trial incurred by the defendant
7 not to exceed $50 for each defendant.
8 (f) (Blank). The provisions of this Section relating to
9 appointment of counsel, compensation of counsel, and payment
10 of expenses in capital cases apply except when the
11 compensation and expenses are being provided under the
12 Capital Crimes Litigation Act.
13 (Source: P.A. 91-589, eff. 1-1-00.)
14 (725 ILCS 5/114-5) (from Ch. 38, par. 114-5)
15 Sec. 114-5. Substitution of judge.
16 (a) Within 10 days after a cause involving only one
17 defendant has been placed on the trial call of a judge the
18 defendant may move the court in writing for a substitution of
19 that judge on the ground that such judge is so prejudiced
20 against him that he cannot receive a fair trial. Upon the
21 filing of such a motion the court shall proceed no further in
22 the cause but shall transfer it to another judge not named in
23 the motion. The defendant may name only one judge as
24 prejudiced, pursuant to this subsection; provided, however,
25 that in a case in which the offense charged is a Class X
26 felony or may be punished by death or life imprisonment, the
27 defendant may name two judges as prejudiced.
28 (b) Within 24 hours after a motion is made for
29 substitution of judge in a cause with multiple defendants
30 each defendant shall have the right to move in accordance
31 with subsection (a) of this Section for a substitution of one
32 judge. The total number of judges named as prejudiced by all
33 defendants shall not exceed the total number of defendants.
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1 The first motion for substitution of judge in a cause with
2 multiple defendants shall be made within 10 days after the
3 cause has been placed on the trial call of a judge.
4 (c) Within 10 days after a cause has been placed on the
5 trial call of a judge the State may move the court in writing
6 for a substitution of that judge on the ground that such
7 judge is prejudiced against the State. Upon the filing of
8 such a motion the court shall proceed no further in the cause
9 but shall transfer it to another judge not named in the
10 motion. The State may name only one judge as prejudiced,
11 pursuant to this subsection.
12 (d) In addition to the provisions of subsections (a),
13 (b) and (c) of this Section the State or any defendant may
14 move at any time for substitution of judge for cause,
15 supported by affidavit. Upon the filing of such motion a
16 hearing shall be conducted as soon as possible after its
17 filing by a judge not named in the motion; provided, however,
18 that the judge named in the motion need not testify, but may
19 submit an affidavit if the judge wishes. If the motion is
20 allowed, the case shall be assigned to a judge not named in
21 the motion. If the motion is denied the case shall be
22 assigned back to the judge named in the motion.
23 (Source: P.A. 84-1428.)
24 (725 ILCS 5/115-4) (from Ch. 38, par. 115-4)
25 Sec. 115-4. Trial by Court and Jury.) (a) Questions of
26 law shall be decided by the court and questions of fact by
27 the jury.
28 (b) The jury shall consist of 12 members.
29 (c) Upon request the parties shall be furnished with a
30 list of prospective jurors with their addresses if known.
31 (d) Each party may challenge jurors for cause. If a
32 prospective juror has a physical impairment, the court shall
33 consider such prospective juror's ability to perceive and
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1 appreciate the evidence when considering a challenge for
2 cause.
3 (e) A defendant tried alone shall be allowed 20
4 peremptory challenges in a capital case, 10 peremptory
5 challenges in a case in which the punishment may be
6 imprisonment in the penitentiary, and 5 in all other cases;
7 except that, in a single trial of more than one defendant,
8 each defendant shall be allowed 12 peremptory challenges in a
9 capital case, 6 peremptory challenges in a case in which the
10 punishment may be imprisonment in the penitentiary, and 3 in
11 all other cases. If several charges against a defendant or
12 defendants are consolidated for trial, each defendant shall
13 be allowed peremptory challenges upon one charge only, which
14 single charge shall be the charge against that defendant
15 authorizing the greatest maximum penalty. The State shall be
16 allowed the same number of peremptory challenges as all of
17 the defendants.
18 (f) After examination by the court the jurors may be
19 examined, passed upon, accepted and tendered by opposing
20 counsel as provided by Supreme Court rules.
21 (g) After the jury is impaneled and sworn the court may
22 direct the selection of 2 alternate jurors who shall take the
23 same oath as the regular jurors. Each party shall have one
24 additional peremptory challenge for each alternate juror. If
25 before the final submission of a cause a member of the jury
26 dies or is discharged he shall be replaced by an alternate
27 juror in the order of selection.
28 (h) A trial by the court and jury shall be conducted in
29 the presence of the defendant unless he waives the right to
30 be present.
31 (i) After arguments of counsel the court shall instruct
32 the jury as to the law.
33 (j) Unless the affirmative defense of insanity has been
34 presented during the trial, the jury shall return a general
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1 verdict as to each offense charged. When the affirmative
2 defense of insanity has been presented during the trial, the
3 court shall provide the jury not only with general verdict
4 forms but also with a special verdict form of not guilty by
5 reason of insanity, as to each offense charged, and in such
6 event the court shall separately instruct the jury that a
7 special verdict of not guilty by reason of insanity may be
8 returned instead of a general verdict but such special
9 verdict requires a unanimous finding by the jury that the
10 defendant committed the acts charged but at the time of the
11 commission of those acts the defendant was insane. In the
12 event of a verdict of not guilty by reason of insanity, a
13 hearing shall be held pursuant to the Mental Health and
14 Developmental Disabilities Code to determine whether the
15 defendant is subject to involuntary admission. When the
16 affirmative defense of insanity has been presented during the
17 trial, the court, where warranted by the evidence, shall also
18 provide the jury with a special verdict form of guilty but
19 mentally ill, as to each offense charged and shall separately
20 instruct the jury that a special verdict of guilty but
21 mentally ill may be returned instead of a general verdict,
22 but that such special verdict requires a unanimous finding by
23 the jury that: (1) the State has proven beyond a reasonable
24 doubt that the defendant is guilty of the offense charged;
25 and (2) the defendant has failed to prove his insanity as
26 required in subsection (b) of Section 3-2 of the Criminal
27 Code of 1961, as amended, and subsections (a), (b) and (e) of
28 Section 6-2 of the Criminal Code of 1961, as amended; and (3)
29 the defendant has proven by a preponderance of the evidence
30 that he was mentally ill, as defined in subsections (c) and
31 (d) of Section 6-2 of the Criminal Code of 1961, as amended,
32 at the time of the offense.
33 (k) When, at the close of the State's evidence or at the
34 close of all of the evidence, the evidence is insufficient to
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1 support a finding or verdict of guilty the court may and on
2 motion of the defendant shall make a finding or direct the
3 jury to return a verdict of not guilty, enter a judgment of
4 acquittal and discharge the defendant.
5 (l) When the jury retires to consider its verdict an
6 officer of the court shall be appointed to keep them together
7 and to prevent conversation between the jurors and others;
8 however, if any juror is deaf, the jury may be accompanied by
9 and may communicate with a court-appointed interpreter during
10 its deliberations. Upon agreement between the State and
11 defendant or his counsel the jury may seal and deliver its
12 verdict to the clerk of the court, separate, and then return
13 such verdict in open court at its next session.
14 (m) In the trial of an a capital or other offense, any
15 juror who is a member of a panel or jury which has been
16 impaneled and sworn as a panel or as a jury shall be
17 permitted to separate from other such jurors during every
18 period of adjournment to a later day, until final submission
19 of the cause to the jury for determination, except that no
20 such separation shall be permitted in any trial after the
21 court, upon motion by the defendant or the State or upon its
22 own motion, finds a probability that prejudice to the
23 defendant or to the State will result from such separation.
24 (n) The members of the jury shall be entitled to take
25 notes during the trial, and the sheriff of the county in
26 which the jury is sitting shall provide them with writing
27 materials for this purpose. Such notes shall remain
28 confidential, and shall be destroyed by the sheriff after the
29 verdict has been returned or a mistrial declared.
30 (o) A defendant tried by the court and jury shall only
31 be found guilty, guilty but mentally ill, not guilty or not
32 guilty by reason of insanity, upon the unanimous verdict of
33 the jury.
34 (Source: P.A. 86-392.)
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1 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
2 Sec. 115-4.1. Absence of defendant.
3 (a) When a defendant after arrest and an initial court
4 appearance for a non-capital felony or a misdemeanor, fails
5 to appear for trial, at the request of the State and after
6 the State has affirmatively proven through substantial
7 evidence that the defendant is willfully avoiding trial, the
8 court may commence trial in the absence of the defendant.
9 Absence of a defendant as specified in this Section shall not
10 be a bar to indictment of a defendant, return of information
11 against a defendant, or arraignment of a defendant for the
12 charge for which bail has been granted. If a defendant fails
13 to appear at arraignment, the court may enter a plea of "not
14 guilty" on his behalf. If a defendant absents himself before
15 trial on a capital felony, trial may proceed as specified in
16 this Section provided that the State certifies that it will
17 not seek a death sentence following conviction. Trial in the
18 defendant's absence shall be by jury unless the defendant had
19 previously waived trial by jury. The absent defendant must
20 be represented by retained or appointed counsel. The court,
21 at the conclusion of all of the proceedings, may order the
22 clerk of the circuit court to pay counsel such sum as the
23 court deems reasonable, from any bond monies which were
24 posted by the defendant with the clerk, after the clerk has
25 first deducted all court costs. If trial had previously
26 commenced in the presence of the defendant and the defendant
27 willfully absents himself for two successive court days, the
28 court shall proceed to trial. All procedural rights
29 guaranteed by the United States Constitution, Constitution of
30 the State of Illinois, statutes of the State of Illinois, and
31 rules of court shall apply to the proceedings the same as if
32 the defendant were present in court and had not either
33 forfeited his bail bond or escaped from custody. The court
34 may set the case for a trial which may be conducted under
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1 this Section despite the failure of the defendant to appear
2 at the hearing at which the trial date is set. When such
3 trial date is set the clerk shall send to the defendant, by
4 certified mail at his last known address indicated on his
5 bond slip, notice of the new date which has been set for
6 trial. Such notification shall be required when the
7 defendant was not personally present in open court at the
8 time when the case was set for trial.
9 (b) The absence of a defendant from a trial conducted
10 pursuant to this Section does not operate as a bar to
11 concluding the trial, to a judgment of conviction resulting
12 therefrom, or to a final disposition of the trial in favor of
13 the defendant.
14 (c) Upon a verdict of not guilty, the court shall enter
15 judgment for the defendant. Upon a verdict of guilty, the
16 court shall set a date for the hearing of post-trial motions
17 and shall hear such motion in the absence of the defendant.
18 If post-trial motions are denied, the court shall proceed to
19 conduct a sentencing hearing and to impose a sentence upon
20 the defendant.
21 (d) A defendant who is absent for part of the
22 proceedings of trial, post-trial motions, or sentencing, does
23 not thereby forfeit his right to be present at all remaining
24 proceedings.
25 (e) When a defendant who in his absence has been either
26 convicted or sentenced or both convicted and sentenced
27 appears before the court, he must be granted a new trial or
28 new sentencing hearing if the defendant can establish that
29 his failure to appear in court was both without his fault and
30 due to circumstances beyond his control. A hearing with
31 notice to the State's Attorney on the defendant's request for
32 a new trial or a new sentencing hearing must be held before
33 any such request may be granted. At any such hearing both
34 the defendant and the State may present evidence.
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1 (f) If the court grants only the defendant's request for
2 a new sentencing hearing, then a new sentencing hearing
3 shall be held in accordance with the provisions of the
4 Unified Code of Corrections. At any such hearing, both the
5 defendant and the State may offer evidence of the defendant's
6 conduct during his period of absence from the court. The
7 court may impose any sentence authorized by the Unified Code
8 of Corrections and is not in any way limited or restricted by
9 any sentence previously imposed.
10 (g) A defendant whose motion under paragraph (e) for a
11 new trial or new sentencing hearing has been denied may file
12 a notice of appeal therefrom. Such notice may also include a
13 request for review of the judgment and sentence not vacated
14 by the trial court.
15 (Source: P.A. 90-787, eff. 8-14-98.)
16 (725 ILCS 5/119-5) (from Ch. 38, par. 119-5)
17 Sec. 119-5. Execution of Death Sentence. On or after the
18 effective date of this amendatory Act of the 91st General
19 Assembly no person may be executed in this State.
20 (a) (1) A defendant sentenced to death shall be
21 executed by an intravenous administration of a lethal
22 quantity of an ultrashort-acting barbiturate in
23 combination with a chemical paralytic agent and potassium
24 chloride or other equally effective substances sufficient
25 to cause death until death is pronounced by a licensed
26 physician according to accepted standards of medical
27 practice.
28 (2) If the execution of the sentence of death as
29 provided in paragraph (1) is held illegal or
30 unconstitutional by a reviewing court of competent
31 jurisdiction, the sentence of death shall be carried out
32 by electrocution.
33 (b) In pronouncing the sentence of death the court shall
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1 set the date of the execution which shall be not less than 60
2 nor more than 90 days from the date sentence is pronounced.
3 (c) A sentence of death shall be executed at a
4 Department of Corrections facility.
5 (d) The warden of the penitentiary shall supervise such
6 execution, which shall be conducted in the presence of 6
7 witnesses who shall certify the execution of the sentence.
8 The certification shall be filed with the clerk of the court
9 that imposed the sentence.
10 (e) The identity of executioners and other persons who
11 participate or perform ancillary functions in an execution
12 and information contained in records that would identify
13 those persons shall remain confidential, shall not be subject
14 to disclosure, and shall not be admissible as evidence or be
15 discoverable in any action of any kind in any court or before
16 any tribunal, board, agency, or person. In order to protect
17 the confidentiality of persons participating in an execution,
18 the Director of Corrections may direct that the Department
19 make payments in cash for such services.
20 (f) The amendatory changes to this Section made by this
21 amendatory Act of 1991 are severable under Section 1.31 of
22 the Statute on Statutes.
23 (g) Notwithstanding any other provision of law,
24 assistance, participation in, or the performance of ancillary
25 or other functions pursuant to this Section, including but
26 not limited to the administration of the lethal substance or
27 substances required by this Section, shall not be construed
28 to constitute the practice of medicine.
29 (h) Notwithstanding any other provision of law, any
30 pharmacist or pharmaceutical supplier is authorized to
31 dispense drugs to the Director of Corrections or his or her
32 designee, without prescription, in order to carry out the
33 provisions of this Section.
34 (Source: P.A. 89-8, eff. 3-21-95.)
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1 (725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
2 Sec. 121-13. Pauper Appeals.
3 (a) In any case wherein the defendant was convicted of a
4 felony, if the court determines that the defendant desires
5 counsel on appeal but is indigent the Public Defender or the
6 State Appellate Defender shall be appointed as counsel,
7 unless with the consent of the defendant and for good cause
8 shown, the court may appoint counsel other than the Public
9 Defender or the State Appellate Defender.
10 (b) In any case wherein the defendant was convicted of a
11 felony and a sentence of death was not imposed in the trial
12 court the reviewing court, upon petition of the defendant's
13 counsel made not more frequently than every 60 days after
14 appointment, shall determine a reasonable amount to be
15 allowed an indigent defendant's counsel other than the Public
16 Defender or the State Appellate Defender for compensation and
17 reimbursement of expenditures necessarily incurred in the
18 prosecution of the appeal or review proceedings. The
19 compensation shall not exceed $1500 in each case, except
20 that, in extraordinary circumstances, payment in excess of
21 the limits herein stated may be made if the reviewing court
22 certifies that the payment is necessary to provide fair
23 compensation for protracted representation. The reviewing
24 court shall enter an order directing the county treasurer of
25 the county where the case was tried to pay the amount allowed
26 by the court. The reviewing court may order the provisional
27 payment of sums during the pendency of the cause.
28 (c) In any case in which a sentence of death was imposed
29 in the trial court before the effective date of this
30 amendatory Act of the 91st General Assembly, the Supreme
31 Court, upon written petition of the defendant's counsel made
32 not more than every 60 days after appointment, shall
33 determine reasonable compensation for an indigent defendant's
34 attorneys on appeal. The compensation shall not exceed $2,000
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1 in each case, except that, in extraordinary circumstances,
2 payment in excess of the limits herein stated may be made if
3 the reviewing court certifies that the payment is necessary
4 to provide fair compensation for protracted representation.
5 The Supreme Court shall enter an order directing the county
6 treasurer of the county where the case was tried to pay
7 compensation and reimburse expenditures necessarily incurred
8 in the prosecution of the appeal or review proceedings. The
9 Supreme Court may order the provisional payment of sums
10 during the pendency of the cause.
11 (Source: P.A. 86-318; 87-580.)
12 (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
13 Sec. 122-1. Petition in the trial court.
14 (a) Any person imprisoned in the penitentiary who
15 asserts that in the proceedings which resulted in his or her
16 conviction there was a substantial denial of his or her
17 rights under the Constitution of the United States or of the
18 State of Illinois or both may institute a proceeding under
19 this Article.
20 (b) The proceeding shall be commenced by filing with the
21 clerk of the court in which the conviction took place a
22 petition (together with a copy thereof) verified by
23 affidavit. Petitioner shall also serve another copy upon the
24 State's Attorney by any of the methods provided in Rule 7 of
25 the Supreme Court. The clerk shall docket the petition for
26 consideration by the court pursuant to Section 122-2.1 upon
27 his or her receipt thereof and bring the same promptly to the
28 attention of the court.
29 (c) No proceedings under this Article shall be commenced
30 more than 6 months after the denial of a petition for leave
31 to appeal or the date for filing such a petition if none is
32 filed or more than 45 days after the defendant files his or
33 her brief in the appeal of the sentence before the Illinois
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1 Supreme Court (or more than 45 days after the deadline for
2 the filing of the defendant's brief with the Illinois Supreme
3 Court if no brief is filed) or 3 years from the date of
4 conviction, whichever is sooner, unless the petitioner
5 alleges facts showing that the delay was not due to his or
6 her culpable negligence.
7 (d) A person seeking relief by filing a petition under
8 this Section must specify in the petition or its heading that
9 it is filed under this Section. A trial court that has
10 received a petition complaining of a conviction or sentence
11 that fails to specify in the petition or its heading that it
12 is filed under this Section need not evaluate the petition to
13 determine whether it could otherwise have stated some grounds
14 for relief under this Article.
15 (e) (Blank). A proceeding under this Article may not be
16 commenced on behalf of a defendant who has been sentenced to
17 death without the written consent of the defendant, unless
18 the defendant, because of a mental or physical condition, is
19 incapable of asserting his or her own claim.
20 (Source: P.A. 89-284, eff. 1-1-96; 89-609, eff. 1-1-97;
21 89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)
22 (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
23 Sec. 122-2.1. (a) Within 90 days after the filing and
24 docketing of each petition, the court shall examine such
25 petition and enter an order thereon pursuant to this Section.
26 (1) If the petitioner is under sentence of death
27 imposed before the effective date of this amendatory Act
28 of the 91st General Assembly and is without counsel and
29 alleges that he is without means to procure counsel, he
30 shall state whether or not he wishes counsel to be
31 appointed to represent him. If appointment of counsel is
32 so requested, the court shall appoint counsel if
33 satisfied that the petitioner has no means to procure
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1 counsel.
2 (2) If the petitioner is sentenced to imprisonment
3 and the court determines the petition is frivolous or is
4 patently without merit, it shall dismiss the petition in
5 a written order, specifying the findings of fact and
6 conclusions of law it made in reaching its decision.
7 Such order of dismissal is a final judgment and shall be
8 served upon the petitioner by certified mail within 10
9 days of its entry.
10 (b) If the petition is not dismissed pursuant to this
11 Section, the court shall order the petition to be docketed
12 for further consideration in accordance with Sections 122-4
13 through 122-6.
14 (c) In considering a petition pursuant to this Section,
15 the court may examine the court file of the proceeding in
16 which the petitioner was convicted, any action taken by an
17 appellate court in such proceeding and any transcripts of
18 such proceeding.
19 (Source: P.A. 86-655; 87-904.)
20 (725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
21 Sec. 122-4. Pauper Petitions. If the petition is not
22 dismissed pursuant to Section 122-2.1, and alleges that the
23 petitioner is unable to pay the costs of the proceeding, the
24 court may order that the petitioner be permitted to proceed
25 as a poor person and order a transcript of the proceedings
26 delivered to petitioner in accordance with Rule of the
27 Supreme Court. If the petitioner is without counsel and
28 alleges that he is without means to procure counsel, he shall
29 state whether or not he wishes counsel to be appointed to
30 represent him. If appointment of counsel is so requested,
31 and the petition is not dismissed pursuant to Section
32 122-2.1, the court shall appoint counsel if satisfied that
33 the petitioner has no means to procure counsel. A petitioner
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1 who is a prisoner in an Illinois Department of Corrections
2 facility who files a pleading, motion, or other filing that
3 purports to be a legal document seeking post-conviction
4 relief under this Article against the State, the Illinois
5 Department of Corrections, the Prisoner Review Board, or any
6 of their officers or employees in which the court makes a
7 specific finding that the pleading, motion, or other filing
8 that purports to be a legal document is frivolous shall not
9 proceed as a poor person and shall be liable for the full
10 payment of filing fees and actual court costs as provided in
11 Article XXII of the Code of Civil Procedure.
12 A Circuit Court or the Illinois Supreme Court may appoint
13 the State Appellate Defender to provide post-conviction
14 representation in a case in which the defendant was is
15 sentenced to death before the effective date of this
16 amendatory Act of the 91st General Assembly. Any attorney
17 assigned by the Office of the State Appellate Defender to
18 provide post-conviction representation for indigent
19 defendants in cases in which a sentence of death was imposed
20 in the trial court may, from time to time submit bills and
21 time sheets to the Office of the State Appellate Defender for
22 payment of services rendered and the Office of the State
23 Appellate Defender shall pay bills from funds appropriated
24 for this purpose in accordance with rules promulgated by the
25 State Appellate Defender.
26 The court, at the conclusion of the proceedings upon
27 receipt of a petition by the appointed counsel, shall
28 determine a reasonable amount to be allowed an indigent
29 defendant's counsel other than the Public Defender or the
30 State Appellate Defender for compensation and reimbursement
31 of expenditures necessarily incurred in the proceedings. The
32 compensation shall not exceed $500 in each case, except that,
33 in extraordinary circumstances, payment in excess of the
34 limits herein stated may be made if the trial court certifies
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1 that the payment is necessary to provide fair compensation
2 for protracted representation, and the amount is approved by
3 the chief judge of the circuit. The court shall enter an
4 order directing the county treasurer of the county where the
5 case was tried to pay the amount thereby allowed by the
6 court. The court may order the provisional payment of sums
7 during the pendency of the cause.
8 (Source: P.A. 90-505, eff. 8-19-97.)
9 Section 50. The State Appellate Defender Act is amended
10 by changing Sections 10 and 10.5 as follows:
11 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
12 Sec. 10. Powers and duties of State Appellate Defender.
13 (a) The State Appellate Defender shall represent
14 indigent persons on appeal in criminal and delinquent minor
15 proceedings, when appointed to do so by a court under a
16 Supreme Court Rule or law of this State.
17 (b) The State Appellate Defender shall submit a budget
18 for the approval of the State Appellate Defender Commission.
19 (c) The State Appellate Defender may:
20 (1) maintain a panel of private attorneys available
21 to serve as counsel on a case basis;
22 (2) establish programs, alone or in conjunction
23 with law schools, for the purpose of utilizing volunteer
24 law students as legal assistants;
25 (3) cooperate and consult with state agencies,
26 professional associations, and other groups concerning
27 the causes of criminal conduct, the rehabilitation and
28 correction of persons charged with and convicted of
29 crime, the administration of criminal justice, and, in
30 counties of less than 1,000,000 population, study,
31 design, develop and implement model systems for the
32 delivery of trial level defender services, and make an
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1 annual report to the General Assembly;
2 (4) provide investigative services to appointed
3 counsel and county public defenders;
4 (5) (blank). in cases in which a death sentence is
5 an authorized disposition, provide trial counsel with the
6 assistance of expert witnesses, investigators, and
7 mitigation specialists from funds appropriated to the
8 State Appellate Defender specifically for that purpose by
9 the General Assembly. The Office of State Appellate
10 Defender shall not be appointed to serve as trial counsel
11 in capital cases.
12 (d) (Blank). For each State fiscal year, the State
13 Appellate Defender shall appear before the General Assembly
14 and request appropriations to be made from the Capital
15 Litigation Trust Fund to the State Treasurer for the purpose
16 of providing defense assistance in capital cases outside of
17 Cook County. The State Appellate Defender may appear before
18 the General Assembly at other times during the State's fiscal
19 year to request supplemental appropriations from the Trust
20 Fund to the State Treasurer.
21 (e) The requirement for reporting to the General
22 Assembly shall be satisfied by filing copies of the report
23 with the Speaker, the Minority Leader and the Clerk of the
24 House of Representatives and the President, the Minority
25 Leader and the Secretary of the Senate and the Legislative
26 Research Unit, as required by Section 3.1 of the General
27 Assembly Organization Act and filing such additional copies
28 with the State Government Report Distribution Center for the
29 General Assembly as is required under paragraph (t) of
30 Section 7 of the State Library Act.
31 (Source: P.A. 91-589, eff. 1-1-00.)
32 (725 ILCS 105/10.5)
33 Sec. 10.5. Competitive bidding for appellate services.
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1 (a) The State Appellate Defender may, to the extent
2 necessary to dispose of its backlog of indigent criminal
3 appeals, institute a competitive bidding program under which
4 contracts for the services of attorneys in non-death penalty
5 criminal appeals are awarded to the lowest responsible
6 bidder.
7 (b) The State Appellate Defender, before letting out
8 bids for contracts for the services of attorneys to represent
9 indigent defendants on appeal in criminal cases, shall
10 advertise the letting of the bids in a publication or
11 publications of the Illinois State Bar Association, the
12 Chicago Daily Law Bulletin, and the Chicago Lawyer. The
13 State Appellate Defender shall also advertise the letting of
14 the bids in newspapers of general circulation in major
15 municipalities to be determined by the State Appellate
16 Defender. The State Appellate Defender shall mail notices of
17 the letting of the bids to county and local bar associations.
18 (c) Bids may be let in packages of one to 5, appeals.
19 Additional cases may be assigned, in the discretion of the
20 State Appellate Defender, after a successful bidder completes
21 work on existing packages.
22 (d) A bid for services of an attorney under this Section
23 shall be let only to an attorney licensed to practice law in
24 Illinois who has prior criminal appellate experience or to an
25 attorney who is a member or employee of a law firm which has
26 at least one member with that experience. Prospective bidders
27 must furnish legal writing samples that are deemed acceptable
28 to the State Appellate Defender.
29 (e) An attorney who is awarded a contract under this
30 Section shall communicate with each of his or her clients and
31 shall file each initial brief before the due date established
32 by Supreme Court Rule or by the Appellate Court. The State
33 Appellate Defender may rescind the contract for attorney
34 services and may require the return of the record on appeal
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1 if the contracted attorney fails to make satisfactory
2 progress, in the opinion of the State Appellate Defender,
3 toward filing a brief.
4 (f) Gross compensation for completing of a case shall be
5 $40 per hour but shall not exceed $2,000 per case. The
6 contract shall specify the manner of payment.
7 (g) (Blank).
8 (h) (Blank).
9 (Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)
10 (725 ILCS 124/Act rep.)
11 Section 55. The Capital Crimes Litigation Act is
12 repealed on July 1, 2002.
13 Section 60. The Uniform Criminal Extradiction Act is
14 amended by changing Section 5 as follows:
15 (725 ILCS 235/5) (from Ch. 38, par. 157-5)
16 Sec. 5. Exceptions.
17 This act does not apply to any person in this State
18 confined as mentally ill or, in need of mental treatment, or
19 under sentence of death.
20 (Source: Laws 1963, p. 2171.)
21 Section 65. The Unified Code of Corrections is amended
22 by changing Sections 3-3-13, 3-8-10, 3-6-3, 5-1-9, 5-4-1,
23 5-5-3, 5-8-1, 5-8-4, and 5-8-5 as follows:
24 (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
25 Sec. 3-3-13. Procedure for Executive Clemency.
26 (a) Petitions seeking pardon, commutation, or reprieve
27 shall be addressed to the Governor and filed with the
28 Prisoner Review Board. The petition shall be in writing and
29 signed by the person under conviction or by a person on his
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1 behalf. It shall contain a brief history of the case, the
2 reasons for seeking executive clemency, and other relevant
3 information the Board may require.
4 (a-5) After a petition has been denied by the Governor,
5 the Board may not accept a repeat petition for executive
6 clemency for the same person until one full year has elapsed
7 from the date of the denial. The Chairman of the Board may
8 waive the one-year requirement if the petitioner offers in
9 writing new information that was unavailable to the
10 petitioner at the time of the filing of the prior petition
11 and which the Chairman determines to be significant. The
12 Chairman also may waive the one-year waiting period if the
13 petitioner can show that a change in circumstances of a
14 compelling humanitarian nature has arisen since the denial of
15 the prior petition.
16 (b) Notice of the proposed application shall be given by
17 the Board to the committing court and the state's attorney of
18 the county where the conviction was had.
19 (c) The Board shall, if requested and upon due notice,
20 give a hearing to each application, allowing representation
21 by counsel, if desired, after which it shall confidentially
22 advise the Governor by a written report of its
23 recommendations which shall be determined by majority vote.
24 The Board shall meet to consider such petitions no less than
25 4 times each year.
26 Application for executive clemency under this Section may
27 not be commenced on behalf of a person who has been sentenced
28 to death without the written consent of the defendant, unless
29 the defendant, because of a mental or physical condition, is
30 incapable of asserting his or her own claim.
31 (d) The Governor shall decide each application and
32 communicate his decision to the Board which shall notify the
33 petitioner.
34 In the event a petitioner who has been convicted of a
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1 Class X felony is granted a release, after the Governor has
2 communicated such decision to the Board, the Board shall give
3 written notice to the Sheriff of the county from which the
4 offender was sentenced if such sheriff has requested that
5 such notice be given on a continuing basis. In cases where
6 arrest of the offender or the commission of the offense took
7 place in any municipality with a population of more than
8 10,000 persons, the Board shall also give written notice to
9 the proper law enforcement agency for said municipality which
10 has requested notice on a continuing basis.
11 (e) Nothing in this Section shall be construed to limit
12 the power of the Governor under the constitution to grant a
13 reprieve, commutation of sentence, or pardon.
14 (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
15 (730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10)
16 Sec. 3-8-10. Intrastate Detainers. Except for persons
17 sentenced to death, Subsection (b), (c) and (e) of Section
18 103-5 of the Code of Criminal Procedure of 1963 shall also
19 apply to persons committed to any institution or facility or
20 program of the Illinois Department of Corrections who have
21 untried complaints, charges or indictments pending in any
22 county of this State, and such person shall include in the
23 demand under subsection (b), a statement of the place of
24 present commitment, the term, and length of the remaining
25 term, the charges pending against him or her to be tried and
26 the county of the charges, and the demand shall be addressed
27 to the state's attorney of the county where he or she is
28 charged with a copy to the clerk of that court and a copy to
29 the chief administrative officer of the Department of
30 Corrections institution or facility to which he or she is
31 committed. The state's attorney shall then procure the
32 presence of the defendant for trial in his county by habeas
33 corpus. Additional time may be granted by the court for the
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1 process of bringing and serving an order of habeas corpus ad
2 prosequendum. In the event that the person is not brought to
3 trial within the allotted time, then the charge for which he
4 or she has requested a speedy trial shall be dismissed.
5 (Source: P.A. 83-346.)
6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
7 Sec. 3-6-3. Rules and Regulations for Early Release.
8 (a) (1) The Department of Corrections shall
9 prescribe rules and regulations for the early release on
10 account of good conduct of persons committed to the
11 Department which shall be subject to review by the
12 Prisoner Review Board.
13 (2) The rules and regulations on early release
14 shall provide, with respect to offenses committed on or
15 after June 19, 1998, the following:
16 (i) that a prisoner who is serving a term of
17 imprisonment for first degree murder shall receive
18 no good conduct credit and shall serve the entire
19 sentence imposed by the court;
20 (ii) that a prisoner serving a sentence for
21 attempt to commit first degree murder, solicitation
22 of murder, solicitation of murder for hire,
23 intentional homicide of an unborn child, predatory
24 criminal sexual assault of a child, aggravated
25 criminal sexual assault, criminal sexual assault,
26 aggravated kidnapping, aggravated battery with a
27 firearm, heinous battery, aggravated battery of a
28 senior citizen, or aggravated battery of a child
29 shall receive no more than 4.5 days of good conduct
30 credit for each month of his or her sentence of
31 imprisonment; and
32 (iii) that a prisoner serving a sentence for
33 home invasion, armed robbery, aggravated vehicular
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1 hijacking, aggravated discharge of a firearm, or
2 armed violence with a category I weapon or category
3 II weapon, when the court has made and entered a
4 finding, pursuant to subsection (c-1) of Section
5 5-4-1 of this Code, that the conduct leading to
6 conviction for the enumerated offense resulted in
7 great bodily harm to a victim, shall receive no more
8 than 4.5 days of good conduct credit for each month
9 of his or her sentence of imprisonment.
10 (2.1) For all offenses, other than those enumerated
11 in subdivision (a)(2) committed on or after June 19,
12 1998, and other than the offense of reckless homicide as
13 defined in subsection (e) of Section 9-3 of the Criminal
14 Code of 1961 committed on or after January 1, 1999, the
15 rules and regulations shall provide that a prisoner who
16 is serving a term of imprisonment shall receive one day
17 of good conduct credit for each day of his or her
18 sentence of imprisonment or recommitment under Section
19 3-3-9. Each day of good conduct credit shall reduce by
20 one day the prisoner's period of imprisonment or
21 recommitment under Section 3-3-9.
22 (2.2) A prisoner serving a term of natural life
23 imprisonment or a prisoner who has been sentenced to
24 death shall receive no good conduct credit.
25 (2.3) The rules and regulations on early release
26 shall provide that a prisoner who is serving a sentence
27 for reckless homicide as defined in subsection (e) of
28 Section 9-3 of the Criminal Code of 1961 committed on or
29 after January 1, 1999 shall receive no more than 4.5 days
30 of good conduct credit for each month of his or her
31 sentence of imprisonment.
32 (2.4) The rules and regulations on early release
33 shall provide with respect to the offenses of aggravated
34 battery with a machine gun or a firearm equipped with any
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1 device or attachment designed or used for silencing the
2 report of a firearm or aggravated discharge of a machine
3 gun or a firearm equipped with any device or attachment
4 designed or used for silencing the report of a firearm,
5 committed on or after the effective date of this
6 amendatory Act of 1999, that a prisoner serving a
7 sentence for any of these offenses shall receive no more
8 than 4.5 days of good conduct credit for each month of
9 his or her sentence of imprisonment.
10 (3) The rules and regulations shall also provide
11 that the Director may award up to 180 days additional
12 good conduct credit for meritorious service in specific
13 instances as the Director deems proper; except that no
14 more than 90 days of good conduct credit for meritorious
15 service shall be awarded to any prisoner who is serving a
16 sentence for conviction of first degree murder, reckless
17 homicide while under the influence of alcohol or any
18 other drug, aggravated kidnapping, kidnapping, predatory
19 criminal sexual assault of a child, aggravated criminal
20 sexual assault, criminal sexual assault, deviate sexual
21 assault, aggravated criminal sexual abuse, aggravated
22 indecent liberties with a child, indecent liberties with
23 a child, child pornography, heinous battery, aggravated
24 battery of a spouse, aggravated battery of a spouse with
25 a firearm, stalking, aggravated stalking, aggravated
26 battery of a child, endangering the life or health of a
27 child, cruelty to a child, or narcotic racketeering.
28 Notwithstanding the foregoing, good conduct credit for
29 meritorious service shall not be awarded on a sentence of
30 imprisonment imposed for conviction of: (i) one of the
31 offenses enumerated in subdivision (a)(2) when the
32 offense is committed on or after June 19, 1998, (ii)
33 reckless homicide as defined in subsection (e) of Section
34 9-3 of the Criminal Code of 1961 when the offense is
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1 committed on or after January 1, 1999, or (iii) for
2 conviction of one of the offenses enumerated in
3 subdivision (a)(2.4) when the offense is committed on or
4 after the effective date of this amendatory Act of 1999.
5 (4) The rules and regulations shall also provide
6 that the good conduct credit accumulated and retained
7 under paragraph (2.1) of subsection (a) of this Section
8 by any inmate during specific periods of time in which
9 such inmate is engaged full-time in substance abuse
10 programs, correctional industry assignments, or
11 educational programs provided by the Department under
12 this paragraph (4) and satisfactorily completes the
13 assigned program as determined by the standards of the
14 Department, shall be multiplied by a factor of 1.25 for
15 program participation before August 11, 1993 and 1.50 for
16 program participation on or after that date. However, no
17 inmate shall be eligible for the additional good conduct
18 credit under this paragraph (4) while assigned to a boot
19 camp, mental health unit, or electronic detention, or if
20 convicted of an offense enumerated in paragraph (a)(2) of
21 this Section that is committed on or after June 19, 1998,
22 or if convicted of reckless homicide as defined in
23 subsection (e) of Section 9-3 of the Criminal Code of
24 1961 if the offense is committed on or after January 1,
25 1999, or if convicted of an offense enumerated in
26 paragraph (a)(2.4) of this Section that is committed on
27 or after the effective date of this amendatory Act of
28 1999, or first degree murder, a Class X felony, criminal
29 sexual assault, felony criminal sexual abuse, aggravated
30 criminal sexual abuse, aggravated battery with a firearm,
31 or any predecessor or successor offenses with the same or
32 substantially the same elements, or any inchoate offenses
33 relating to the foregoing offenses. No inmate shall be
34 eligible for the additional good conduct credit under
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1 this paragraph (4) who (i) has previously received
2 increased good conduct credit under this paragraph (4)
3 and has subsequently been convicted of a felony, or (ii)
4 has previously served more than one prior sentence of
5 imprisonment for a felony in an adult correctional
6 facility.
7 Educational, vocational, substance abuse and
8 correctional industry programs under which good conduct
9 credit may be increased under this paragraph (4) shall be
10 evaluated by the Department on the basis of documented
11 standards. The Department shall report the results of
12 these evaluations to the Governor and the General
13 Assembly by September 30th of each year. The reports
14 shall include data relating to the recidivism rate among
15 program participants.
16 Availability of these programs shall be subject to
17 the limits of fiscal resources appropriated by the
18 General Assembly for these purposes. Eligible inmates
19 who are denied immediate admission shall be placed on a
20 waiting list under criteria established by the
21 Department. The inability of any inmate to become
22 engaged in any such programs by reason of insufficient
23 program resources or for any other reason established
24 under the rules and regulations of the Department shall
25 not be deemed a cause of action under which the
26 Department or any employee or agent of the Department
27 shall be liable for damages to the inmate.
28 (5) Whenever the Department is to release any
29 inmate earlier than it otherwise would because of a grant
30 of good conduct credit for meritorious service given at
31 any time during the term, the Department shall give
32 reasonable advance notice of the impending release to the
33 State's Attorney of the county where the prosecution of
34 the inmate took place.
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1 (b) Whenever a person is or has been committed under
2 several convictions, with separate sentences, the sentences
3 shall be construed under Section 5-8-4 in granting and
4 forfeiting of good time.
5 (c) The Department shall prescribe rules and regulations
6 for revoking good conduct credit, or suspending or reducing
7 the rate of accumulation of good conduct credit for specific
8 rule violations, during imprisonment. These rules and
9 regulations shall provide that no inmate may be penalized
10 more than one year of good conduct credit for any one
11 infraction.
12 When the Department seeks to revoke, suspend or reduce
13 the rate of accumulation of any good conduct credits for an
14 alleged infraction of its rules, it shall bring charges
15 therefor against the prisoner sought to be so deprived of
16 good conduct credits before the Prisoner Review Board as
17 provided in subparagraph (a)(4) of Section 3-3-2 of this
18 Code, if the amount of credit at issue exceeds 30 days or
19 when during any 12 month period, the cumulative amount of
20 credit revoked exceeds 30 days except where the infraction is
21 committed or discovered within 60 days of scheduled release.
22 In those cases, the Department of Corrections may revoke up
23 to 30 days of good conduct credit. The Board may subsequently
24 approve the revocation of additional good conduct credit, if
25 the Department seeks to revoke good conduct credit in excess
26 of 30 days. However, the Board shall not be empowered to
27 review the Department's decision with respect to the loss of
28 30 days of good conduct credit within any calendar year for
29 any prisoner or to increase any penalty beyond the length
30 requested by the Department.
31 The Director of the Department of Corrections, in
32 appropriate cases, may restore up to 30 days good conduct
33 credits which have been revoked, suspended or reduced. Any
34 restoration of good conduct credits in excess of 30 days
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1 shall be subject to review by the Prisoner Review Board.
2 However, the Board may not restore good conduct credit in
3 excess of the amount requested by the Director.
4 Nothing contained in this Section shall prohibit the
5 Prisoner Review Board from ordering, pursuant to Section
6 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
7 the sentence imposed by the court that was not served due to
8 the accumulation of good conduct credit.
9 (d) If a lawsuit is filed by a prisoner in an Illinois
10 or federal court against the State, the Department of
11 Corrections, or the Prisoner Review Board, or against any of
12 their officers or employees, and the court makes a specific
13 finding that a pleading, motion, or other paper filed by the
14 prisoner is frivolous, the Department of Corrections shall
15 conduct a hearing to revoke up to 180 days of good conduct
16 credit by bringing charges against the prisoner sought to be
17 deprived of the good conduct credits before the Prisoner
18 Review Board as provided in subparagraph (a)(8) of Section
19 3-3-2 of this Code. If the prisoner has not accumulated 180
20 days of good conduct credit at the time of the finding, then
21 the Prisoner Review Board may revoke all good conduct credit
22 accumulated by the prisoner.
23 For purposes of this subsection (d):
24 (1) "Frivolous" means that a pleading, motion, or
25 other filing which purports to be a legal document filed
26 by a prisoner in his or her lawsuit meets any or all of
27 the following criteria:
28 (A) it lacks an arguable basis either in law
29 or in fact;
30 (B) it is being presented for any improper
31 purpose, such as to harass or to cause unnecessary
32 delay or needless increase in the cost of
33 litigation;
34 (C) the claims, defenses, and other legal
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1 contentions therein are not warranted by existing
2 law or by a nonfrivolous argument for the extension,
3 modification, or reversal of existing law or the
4 establishment of new law;
5 (D) the allegations and other factual
6 contentions do not have evidentiary support or, if
7 specifically so identified, are not likely to have
8 evidentiary support after a reasonable opportunity
9 for further investigation or discovery; or
10 (E) the denials of factual contentions are not
11 warranted on the evidence, or if specifically so
12 identified, are not reasonably based on a lack of
13 information or belief.
14 (2) "Lawsuit" means a petition for post-conviction
15 relief under Article 122 of the Code of Criminal
16 Procedure of 1963, a motion pursuant to Section 116-3 of
17 the Code of Criminal Procedure of 1963, a habeas corpus
18 action under Article X of the Code of Civil Procedure or
19 under federal law (28 U.S.C. 2254), a petition for claim
20 under the Court of Claims Act or an action under the
21 federal Civil Rights Act (42 U.S.C. 1983).
22 (e) Nothing in this amendatory Act of 1998 affects the
23 validity of Public Act 89-404.
24 (Source: P.A. 90-141, eff. 1-1-98; 90-505, eff. 8-19-97;
25 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-655, eff.
26 7-30-98; 90-740, eff. 1-1-99; 91-121, eff. 7-15-99; 91-357,
27 eff. 7-29-99.)
28 (730 ILCS 5/5-1-9) (from Ch. 38, par. 1005-1-9)
29 Sec. 5-1-9. Felony.
30 "Felony" means an offense for which a sentence to death
31 or to a term of imprisonment in a penitentiary for one year
32 or more is provided.
33 (Source: P.A. 77-2097.)
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1 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
2 Sec. 5-4-1. Sentencing Hearing.
3 (a) Except when the death penalty is sought under
4 hearing procedures otherwise specified, After a determination
5 of guilt, a hearing shall be held to impose the sentence.
6 However, prior to the imposition of sentence on an individual
7 being sentenced for an offense based upon a charge for a
8 violation of Section 11-501 of the Illinois Vehicle Code or a
9 similar provision of a local ordinance, the indi