CRIM PRO-ADMISSIBILITY House SponsorsRep. Mary K. O'Brien-William Delgado-Cynthia Soto-James D. Brosnahan, Julie Hamos, Elaine Nekritz, Sara Feigenholtz, Kathleen A. Ryg, Richard T. Bradley, Barbara Flynn Currie and Ricca Slone Senate Sponsors(Sen. John J. Cullerton-Ira I. Silverstein-Kirk W. Dillard) 1/11/2005HouseSession Sine Die 725 ILCS 5/115-10.1from Ch. 38, par. 115-10.1725 ILCS 5/115-10.6 new Amends the Code of Criminal Procedure of 1963. In a criminal case, permits the admissibility of evidence of a statement made by a witness that narrates, describes, or explains a statement made by a defendant of which the witness had personal knowledge. Provides that in a prosecution for an offense involving the use of force by an accused when the accused asserts that he or she was legally justified in the use of force and when there is evidence presented at trial on that issue, the offender may present evidence of the victim's prior violent acts if those prior acts are relevant to the issue of who was the initial aggressor whether or not the offender was aware of those prior acts at the time of occurrence of the incident for which the offender is on trial. Effective immediately.House Amendment No. 1 Deletes reference to:720 ILCS 5/115-10.1720 ILCS 5/115-10.6 newAdds reference to:20 ILCS 3930/7.2 new720 ILCS 5/9-1from Ch. 38, par. 9-1720 ILCS 5/14-3from Ch. 38, par. 14-3725 ILCS 5/113-8 new725 ILCS 5/114-13.5 new725 ILCS 5/114-15 new725 ILCS 5/116-3725 ILCS 5/122-2.1from Ch. 38, par. 122-2.1725 ILCS 124/10725 ILCS 124/15725 ILCS 124/19730 ILCS 5/3-3-13from Ch. 38, par. 1003-3-13730 ILCS 5/5-4-3from Ch. 38, par. 1005-4-3Deletes all. Amends the Illinois Criminal Justice Information Act. Creates the Custodial Interview Pilot Program. Provides that the Illinois Criminal Justice Information Authority shall establish the Program at 4 police stations in this State, one in Cook County and the other 3 in police stations geographically distributed throughout the State. Amends the Criminal Code of 1961. Eliminates several aggravating factors for which the death penalty may be imposed for first degree murder. Provides as mitigating factors in first degree murder cases include that the defendant's background includes a history of extreme emotional or physical abuse or that the defendant suffers from a reduced mental state. Amends the Code of Criminal Procedure of 1963. Provides that a petition for post-conviction relief in a capital case shall be docketed for further consideration and hearing within one year of the filing of the petition. Amends the Capital Crimes Litigation Act. Eliminates the July 1, 2004 repeal of the Act. Amends the Unified Code of Corrections. Makes other changes. Effective immediately.House Amendment No. 4 Adds reference to:New ActCreates the Capital Punishment Reform Study Committee Act. Provides that the Committee shall study the impact of the various reforms to the capital punishment system and annually report to the General Assembly on the effects of these reforms.Senate Committee Amendment No. 1 Deletes reference to:20 ILCS 3930/7.2 new720 ILCS 5/9-1from Ch. 38, par. 9-1720 ILCS 5/14-3from Ch. 38, par. 14-3725 ILCS 5/113-8 new725 ILCS 5/114-13.5 new725 ILCS 5/114-15 new725 ILCS 5/116-3725 ILCS 5/122-2.1from Ch. 38, par. 122-2.1725 ILCS 124/10725 ILCS 124/15725 ILCS 124/19730 ILCS 5/3-3-13from Ch. 38, par. 1003-3-13730 ILCS 5/5-4-3from Ch. 38, par. 1005-4-3Deletes all. Creates the Capital Punishment Reform Study Committee Act. Contains only a short title provision.Senate Floor Amendment No. 5 Adds reference to:20 ILCS 3930/7.2 new50 ILCS 705/6.1720 ILCS 5/9-1from Ch. 38, par. 9-1720 ILCS 5/14-3from Ch. 38, par. 14-3725 ILCS 5/107A Art. heading new725 ILCS 5/107A-5 new725 ILCS 5/107A-10 new725 ILCS 5/114-13from Ch. 38, par. 114-13725 ILCS 5/114-15 new725 ILCS 5/115-21 new725 ILCS 5/115-22 new725 ILCS 5/116-3725 ILCS 5/116-5 new725 ILCS 5/122-1from Ch. 38, par. 122-1725 ILCS 5/122-2.1from Ch. 38, par. 122-2.1725 ILCS 5/122-2.2 new725 ILCS 124/15725 ILCS 124/19730 ILCS 5/5-4-3from Ch. 38, par. 1005-4-330 ILCS 105/5.595 newDeletes all. Creates the Capital Punishment Reform Study Committee Act. Provides that the Committee shall study the impact of the various reforms to the capital punishment system and annually report to the General Assembly on the effects of these reforms. Amends the Illinois Police Training Act. Establishes procedures for the decertification of police officers who knowingly and willfully made false statements during homicide proceedings, under oath, as to a material fact within those proceedings. Amends the Illinois Criminal Justice Information Act. Creates the Custodial Interview Pilot Program. Provides that the Illinois Criminal Justice Information Authority shall establish the program at 4 police stations in this State, one in Cook County and the other 3 in police stations geographically distributed throughout the State. Amends the Criminal Code of 1961 relating to procedures in capital first degree murder cases. Provides that the jury or court shall weigh the factors in aggravation and mitigation in determining whether death is the appropriate sentence. Limits the imposition of the death penalty for felony murder to those murders committed during certain specified inherently violent crimes. Provides that the defendant's history of extreme emotional or physical abuse or the defendant's reduced mental capacity is a mitigating factor in determining whether a death sentence is appropriate. Provides that if the jury decides that the death penalty is an appropriate sentence and the court disagrees with the sentence, the court shall specify those objections in writing and they shall become part of the record and available to the defendant on appeal of his or her death sentence. Provides that the Illinois Supreme Court may overturn a death sentence on appeal and order the defendant sentenced to a term of imprisonment if the court finds that the death sentence is fundamentally unjust as applied to the particular case. Amends the Code of Criminal Procedure of 1963. Establishes pre-trial procedures for raising the issue of the defendant's mental retardation that would preclude the imposition of the death penalty. Provides for post-conviction DNA testing that was not available at the time of defendant's trial even if the tests do not completely exonerate the defendant. Provides that in a capital case, the defendant may move to have the DNA databases of law enforcement agencies searched for comparative DNA analysis. Amends the Capital Crimes Litigation Act. Eliminates the July 1, 2004 repeal of the Act. Amends the Unified Code of Corrections relating to the State Police DNA database. Amends the State Finance Act to create the Illinois Law Enforcement Training Standards Board Costs and Attorney Fees Fund. Provides that the provisions of the Act are severable. Effective immediately. 2/5/2003HouseFiled with the Clerk by Rep. James D. Brosnahan 2/5/2003HouseFirst Reading 2/5/2003HouseReferred to Rules Committee 2/6/2003HouseAssigned to Judiciary II - Criminal Law Committee 3/13/2003HouseChief Sponsor Changed to Rep. Timothy L. Schmitz 3/13/2003HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee 3/13/2003HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote 3/13/2003HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 010-002-000 3/13/2003HousePlaced on Calendar 2nd Reading - Short Debate 3/13/2003HouseAdded Chief Co-Sponsor Rep. James D. Brosnahan 3/18/2003HouseChief Sponsor Changed to Rep. Mary K. O'Brien 4/1/2003HouseHouse Amendment No. 2 Filed with Clerk by Rep. Mary K. O'Brien 4/1/2003HouseHouse Amendment No. 2 Referred to Rules Committee 4/2/2003HouseHouse Amendment No. 3 Filed with Clerk by Rep. Arthur L. Turner 4/2/2003HouseHouse Amendment No. 3 Referred to Rules Committee 4/2/2003HouseHouse Amendment No. 4 Filed with Clerk by Rep. Arthur L. Turner 4/2/2003HouseHouse Amendment No. 4 Referred to Rules Committee 4/3/2003HouseHouse Amendment No. 4 Rules Refers to Judiciary II - Criminal Law Committee 4/3/2003HouseSecond Reading - Short Debate 4/3/2003HouseHeld on Calendar Order of Second Reading - Short Debate 4/4/2003HouseHouse Amendment No. 4 Recommends Be Adopted - Lost Judiciary II - Criminal Law Committee; 005-003-000 4/4/2003HouseHouse Amendment No. 4 Remains in Judiciary II - Criminal Law Committee 4/4/2003HouseHouse Amendment No. 4 Recommends Be Adopted Judiciary II - Criminal Law Committee; 008-000-000 4/4/2003HouseAdded Chief Co-Sponsor Rep. William Delgado 4/4/2003HouseAdded Chief Co-Sponsor Rep. Cynthia Soto 4/4/2003HouseAdded Co-Sponsor Rep. Julie Hamos 4/4/2003HouseAdded Co-Sponsor Rep. Elaine Nekritz 4/4/2003HouseAdded Co-Sponsor Rep. Sara Feigenholtz 4/4/2003HouseAdded Co-Sponsor Rep. Kathleen A. Ryg 4/4/2003HouseAdded Co-Sponsor Rep. Richard T. Bradley 4/4/2003HouseHouse Amendment No. 4 Adopted by Voice Vote 4/4/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate 4/4/2003HouseHouse Amendment No. 2 Tabled Pursuant to Rule 40(a) 4/4/2003HouseHouse Amendment No. 3 Tabled Pursuant to Rule 40(a) 4/4/2003HouseThird Reading - Short Debate - Passed 112-006-000 4/4/2003HouseAdded Co-Sponsor Rep. Barbara Flynn Currie 4/4/2003HouseAdded Co-Sponsor Rep. Ricca Slone 4/8/2003SenateArrive in Senate 4/8/2003SenatePlaced on Calendar Order of First Reading April 9, 2003 4/9/2003SenateChief Senate Sponsor Sen. Ira I. Silverstein 4/10/2003SenateFirst Reading 4/10/2003SenateReferred to Rules 4/15/2003SenateAlternate Chief Sponsor Changed to Sen. John J. Cullerton 4/15/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Ira I. Silverstein 4/16/2003SenateAssigned to Judiciary 4/28/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton 4/28/2003SenateSenate Committee Amendment No. 1 Referred to Rules 4/29/2003SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary 4/29/2003SenateSenate Committee Amendment No. 1 Adopted 5/1/2003SenateDo Pass as Amended Judiciary; 010-000-000 5/1/2003SenatePlaced on Calendar Order of 2nd Reading May 6, 2003 5/8/2003SenateSecond Reading 5/8/2003SenatePlaced on Calendar Order of 3rd Reading May 9, 2003 5/13/2003SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton 5/13/2003SenateSenate Floor Amendment No. 2 Referred to Rules 5/14/2003SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. John J. Cullerton 5/14/2003SenateSenate Floor Amendment No. 3 Referred to Rules 5/15/2003SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. John J. Cullerton 5/15/2003SenateSenate Floor Amendment No. 4 Referred to Rules 5/15/2003SenateSenate Floor Amendment No. 4 Rules Refers to Judiciary 5/15/2003SenateSenate Floor Amendment No. 4 Postponed - Judiciary 5/15/2003SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. John J. Cullerton 5/15/2003SenateSenate Floor Amendment No. 5 Referred to Rules 5/15/2003SenateSenate Floor Amendment No. 5 Rules Refers to Judiciary 5/16/2003SenateSenate Floor Amendment No. 5 Be Approved for Consideration Judiciary; 009-000-000 5/16/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Kirk W. Dillard 5/16/2003SenateRecalled to Second Reading 5/16/2003SenateSenate Floor Amendment No. 5 Adopted; Cullerton 5/16/2003SenatePlaced on Calendar Order of 3rd Reading May 19, 2003 5/16/2003SenateThird Reading - Passed; 054-004-000 5/16/2003SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a) 5/16/2003SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a) 5/16/2003SenateSenate Floor Amendment No. 4 Tabled Pursuant to Rule 5-4(a) 5/16/2003HouseArrived in House 5/16/2003HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 5 5/21/2003HouseSenate Floor Amendment No. 5 Motion Filed Concur Rep. Mary K. O'Brien; Motion #1 5/21/2003HouseSenate Floor Amendment No. 5 Motion to Concur Referred to Rules Committee 5/23/2003HouseFinal Action Deadline Extended-9(b) May 31, 2003 6/1/2003HouseRule 19(a) / Re-referred to Rules Committee 1/11/2005HouseSession Sine Die