101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3164

 

Introduced , by Rep. Jerry Costello, II

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 2012. Reinstates the death penalty if at the time of the commission of the offense the person was 18 years of age or older and the person purposely caused the death of 2 or more human beings without lawful justification or the victim was a peace officer or firefighter killed in the course of performing his or her official duties, either to prevent the performance of the person's duties or in retaliation for the performance of the person's duties, and the person knew that the victim was a peace officer or firefighter. Provides a person is legally accountable for the conduct of another in the commission of death penalty murder only when: (1) having the purpose to cause the death of another human being without lawful justification, the person commands, induces, procures, or causes another to perform the conduct; or (2) the person agrees with one or more other persons to engage in conduct for the common purpose of causing the death of another human being without lawful justification, in which case all parties to the agreement shall be criminally liable for acts of other parties to the agreement committed during and in furtherance of the agreement. Amends the Code of Criminal Procedure of 1963 and Unified Code of Corrections to make conforming changes. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3164LRB101 08104 SLF 53169 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 5-1 and by adding Sections 4-4.5, 5-2.5, and 9-1.5 as
6follows:
 
7    (720 ILCS 5/4-4.5 new)
8    Sec. 4-4.5. Purposely or purpose. In Section 5-2.5 and
99-1.5, a person acts purposely or with the purpose when his or
10her conscious objective is to cause the death of another human
11being.
 
12    (720 ILCS 5/5-1)  (from Ch. 38, par. 5-1)
13    Sec. 5-1. Accountability for conduct of another. Except as
14provided in Section 5-2.5, a A person is responsible for
15conduct which is an element of an offense if the conduct is
16either that of the person himself, or that of another and he is
17legally accountable for such conduct as provided in Section
185-2, or both.
19(Source: Laws 1961, p. 1983.)
 
20    (720 ILCS 5/5-2.5 new)
21    Sec. 5-2.5. Death penalty murder; accountability for acts

 

 

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1of others. A person is legally accountable for the conduct of
2another in the commission of death penalty murder only when:
3        (1) having the purpose to cause the death of another
4    human being without lawful justification, the person
5    commands, induces, procures, or causes another to perform
6    the conduct; or
7        (2) the person agrees with one or more other persons to
8    engage in conduct for the common purpose of causing the
9    death of another human being without lawful justification,
10    in which case all parties to the agreement shall be
11    criminally liable for acts of other parties to the
12    agreement committed during and in furtherance of the
13    agreement.
 
14    (720 ILCS 5/9-1.5 new)
15    Sec. 9-1.5. Death penalty murder.
16    (a) In this Section, "human being" means a person who has
17been born and is alive.
18    (b) A person commits death penalty murder when at the time
19of the commission of the offense he or she has attained the age
20of 18 or more and he or she purposely causes the death of
21another human being without lawful justification if:
22        (1) at the time of the offense, the person caused the
23    death of 2 or more other human beings without lawful
24    justification; or
25        (2) the victim was a peace officer, as defined by

 

 

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1    Section 2-13 or firefighter, killed in the course of
2    performing his or her official duties, either to prevent
3    the performance of the person's duties or in retaliation
4    for the performance of the person's duties, and the person
5    knew that the victim was a peace officer or firefighter.
6    (c) The trier of fact regarding the charge of death penalty
7murder shall resolve any doubt regarding identification or any
8element of the offense in favor of the defendant. A defendant
9shall not be found guilty of the offense of death penalty
10murder unless each and every element of the offense is
11established beyond any doubt. If the trial is by jury, before
12the trial commences and again before jury deliberations
13commence, the jury shall be instructed that the penalty for
14death penalty murder is death.
15    (d) A defendant, who has been found guilty of death penalty
16murder, may, at a separate sentencing hearing, present evidence
17of mitigating circumstances not rising to the level of legal
18justification, including but not limited to evidence of
19intellectual disability as provided in Section 114-15 of the
20Code of Criminal Procedure of 1963. The prosecution may present
21rebuttal evidence. The hearing shall be before the trial judge.
22The judge shall sentence the defendant to death, unless he or
23she finds that the defendant has, by a preponderance of the
24evidence, presented sufficiently substantial evidence to prove
25intellectual disability or that imposition of the death penalty
26would result in a manifest miscarriage of justice, in which

 

 

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1case the judge shall sentence the defendant to life
2imprisonment without the possibility of parole.
3    (e) On appeal from a conviction of death penalty murder,
4review of the facts shall be de novo. In conducting its de novo
5review of the trial evidence, the appellate court shall resolve
6all doubt regarding identification and guilt in favor of the
7defendant. The appellate court shall conduct an independent
8review of the evidence without giving deference to the judgment
9of the trier of fact at trial.
10    (f) Sentence. The sentence for death penalty murder is
11death.
 
12    Section 10. The Code of Criminal Procedure of 1963 is
13amended by changing Sections 114-15, 119-1, and 122-2.2 as
14follows:
 
15    (725 ILCS 5/114-15)
16    Sec. 114-15. Intellectual disability.
17    (a) In a first degree murder case in which the State seeks
18the death penalty as an appropriate sentence or in a death
19penalty murder case, any party may raise the issue of the
20defendant's intellectual disabilities by motion. A defendant
21wishing to raise the issue of his or her intellectual
22disabilities shall provide written notice to the State and the
23court as soon as the defendant reasonably believes such issue
24will be raised.

 

 

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1    (b) The issue of the defendant's intellectual disabilities
2shall be determined in a pretrial hearing. The court shall be
3the fact finder on the issue of the defendant's intellectual
4disabilities and shall determine the issue by a preponderance
5of evidence in which the moving party has the burden of proof.
6The court may appoint an expert in the field of intellectual
7disabilities. The defendant and the State may offer experts
8from the field of intellectual disabilities. The court shall
9determine admissibility of evidence and qualification as an
10expert.
11    (c) If after a plea of guilty to first degree murder or
12death penalty murder, or a finding of guilty of first degree
13murder or death penalty murder in a bench trial, or a verdict
14of guilty for first degree murder or death penalty murder in a
15jury trial, or on a matter remanded from the Supreme Court for
16sentencing for first degree murder or death penalty murder, and
17the State seeks the death penalty as an appropriate sentence,
18the defendant may raise the issue of defendant's intellectual
19disabilities not at eligibility but at aggravation and
20mitigation. The defendant and the State may offer experts from
21the field of intellectual disabilities. The court shall
22determine admissibility of evidence and qualification as an
23expert.
24    (d) In determining whether the defendant is a person with
25an intellectual disability, the intellectual disability must
26have manifested itself by the age of 18. IQ tests and

 

 

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1psychometric tests administered to the defendant must be the
2kind and type recognized by experts in the field of
3intellectual disabilities. In order for the defendant to be
4considered a person with an intellectual disability, a low IQ
5must be accompanied by significant deficits in adaptive
6behavior in at least 2 of the following skill areas:
7communication, self-care, social or interpersonal skills, home
8living, self-direction, academics, health and safety, use of
9community resources, and work. An intelligence quotient (IQ) of
1075 or below is presumptive evidence of an intellectual
11disability.
12    (e) Evidence of an intellectual disability that did not
13result in disqualifying the case as a capital case, may be
14introduced as evidence in mitigation during a capital
15sentencing hearing. A failure of the court to determine that
16the defendant is a person with an intellectual disability does
17not preclude the court during trial from allowing evidence
18relating to mental disability should the court deem it
19appropriate.
20    (f) If the court determines at a pretrial hearing or after
21remand that a capital defendant is a person with an
22intellectual disability, and the State does not appeal pursuant
23to Supreme Court Rule 604, the case shall no longer be
24considered a capital case and the procedural guidelines
25established for capital cases shall no longer be applicable to
26the defendant. In that case, the defendant shall be sentenced

 

 

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1under the sentencing provisions of Chapter V of the Unified
2Code of Corrections.
3(Source: P.A. 99-143, eff. 7-27-15.)
 
4    (725 ILCS 5/119-1)
5    Sec. 119-1. Death penalty abolished.
6    (a) Except as otherwise provided in subsection (a-5),
7beginning Beginning on the effective date of this amendatory
8Act of the 96th General Assembly, notwithstanding any other law
9to the contrary, the death penalty is abolished and a sentence
10to death may not be imposed.
11    (a-5) A sentence of death shall be imposed for death
12penalty murder.
13    (b) All unobligated and unexpended moneys remaining in the
14Capital Litigation Trust Fund on the effective date of this
15amendatory Act of the 96th General Assembly shall be
16transferred into the Death Penalty Abolition Fund, a special
17fund in the State treasury, to be expended by the Illinois
18Criminal Justice Information Authority, for services for
19families of victims of homicide or murder and for training of
20law enforcement personnel.
21(Source: P.A. 96-1543, eff. 7-1-11.)
 
22    (725 ILCS 5/122-2.2)
23    Sec. 122-2.2. Intellectual disability and post-conviction
24relief.

 

 

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1    (a) In cases where no determination of an intellectual
2disability was made and a defendant has been convicted of
3first-degree murder or death penalty murder, sentenced to
4death, and is in custody pending execution of the sentence of
5death, the following procedures shall apply:
6        (1) Notwithstanding any other provision of law or rule
7    of court, a defendant may seek relief from the death
8    sentence through a petition for post-conviction relief
9    under this Article alleging that the defendant was a person
10    with an intellectual disability as defined in Section
11    114-15 at the time the offense was alleged to have been
12    committed.
13        (2) The petition must be filed within 180 days of the
14    effective date of this amendatory Act of the 93rd General
15    Assembly or within 180 days of the issuance of the mandate
16    by the Illinois Supreme Court setting the date of
17    execution, whichever is later.
18    (b) All other provisions of this Article governing
19petitions for post-conviction relief shall apply to a petition
20for post-conviction relief alleging an intellectual
21disability.
22(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15.)
 
23    Section 15. The Unified Code of Corrections is amended by
24changing Section 5-4.5-10 and by adding Section 5-4.5-20.5 as
25follows:
 

 

 

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1    (730 ILCS 5/5-4.5-10)
2    Sec. 5-4.5-10. OFFENSE CLASSIFICATIONS.
3    (a) FELONY CLASSIFICATIONS. Felonies are classified, for
4the purpose of sentencing, as follows:
5        (1) First degree murder (as a separate class of
6    felony).
7        (1.5) Death penalty murder (as a separate class of
8    felony).
9        (2) Class X felonies.
10        (3) Class 1 felonies.
11        (4) Class 2 felonies.
12        (5) Class 3 felonies.
13        (6) Class 4 felonies.
14    (b) MISDEMEANOR CLASSIFICATIONS. Misdemeanors are
15classified, for the purpose of sentencing, as follows:
16        (1) Class A misdemeanors.
17        (2) Class B misdemeanors.
18        (3) Class C misdemeanors.
19    (c) PETTY AND BUSINESS OFFENSES. Petty offenses and
20business offenses are not classified.
21(Source: P.A. 95-1052, eff. 7-1-09.)
 
22    (730 ILCS 5/5-4.5-20.5 new)
23    Sec. 5-4.5-20.5. DEATH PENALTY MURDER; SENTENCE. For death
24penalty murder, the defendant shall be sentenced to death,

 

 

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1unless the trial judge finds that the defendant has, by a
2preponderance of the evidence, presented sufficiently
3substantial evidence to outweigh the circumstances of the
4offense and the evidence presented by the prosecution at the
5sentencing hearing, in which case the judge shall sentence the
6defendant to life imprisonment without the possibility of
7parole.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 5/4-4.5 new
4    720 ILCS 5/5-1from Ch. 38, par. 5-1
5    720 ILCS 5/5-2.5 new
6    720 ILCS 5/9-1.5 new
7    725 ILCS 5/114-15
8    725 ILCS 5/119-1
9    725 ILCS 5/122-2.2
10    730 ILCS 5/5-4.5-10
11    730 ILCS 5/5-4.5-20.5 new