101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2292

 

Introduced 10/28/2019, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/9-1  from Ch. 38, par. 9-1

    Amends the Criminal Code of 2012 concerning first degree murder. Provides that, in addition to other elements of the offense, a person commits first degree murder if he or she: (1) acting alone, commits or attempts to commit a forcible felony other than second degree murder and, in the course of and in furtherance of the crime, he or she personally causes the death of an individual or (2) when acting with one or more participants, commits or attempts to commit a forcible felony other than second degree murder, and in the course of and in furtherance of the offense, another participant in the offense causes the death of an individual, and he or she knew that the other participant would engage in conduct that would result in death or great bodily harm (rather than killing an individual when attempting or committing a forcible felony other than second degree murder).


LRB101 14862 RLC 63841 b

 

 

A BILL FOR

 

SB2292LRB101 14862 RLC 63841 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 9-1 as follows:
 
6    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
7    (Text of Section before amendment by P.A. 101-223)
8    Sec. 9-1. First degree murder; death penalties;
9exceptions; separate hearings; proof; findings; appellate
10procedures; reversals.
11    (a) A person who kills an individual without lawful
12justification commits first degree murder if, in performing the
13acts which cause the death:
14        (1) he either intends to kill or do great bodily harm
15    to that individual or another, or knows that such acts will
16    cause death to that individual or another; or
17        (2) he knows that such acts create a strong probability
18    of death or great bodily harm to that individual or
19    another; or
20        (3) he is attempting or committing a forcible felony
21    other than second degree murder.
22    (b) Aggravating Factors. A defendant who at the time of the
23commission of the offense has attained the age of 18 or more

 

 

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1and who has been found guilty of first degree murder may be
2sentenced to death if:
3        (1) the murdered individual was a peace officer or
4    fireman killed in the course of performing his official
5    duties, to prevent the performance of his official duties,
6    or in retaliation for performing his official duties, and
7    the defendant knew or should have known that the murdered
8    individual was a peace officer or fireman; or
9        (2) the murdered individual was an employee of an
10    institution or facility of the Department of Corrections,
11    or any similar local correctional agency, killed in the
12    course of performing his official duties, to prevent the
13    performance of his official duties, or in retaliation for
14    performing his official duties, or the murdered individual
15    was an inmate at such institution or facility and was
16    killed on the grounds thereof, or the murdered individual
17    was otherwise present in such institution or facility with
18    the knowledge and approval of the chief administrative
19    officer thereof; or
20        (3) the defendant has been convicted of murdering two
21    or more individuals under subsection (a) of this Section or
22    under any law of the United States or of any state which is
23    substantially similar to subsection (a) of this Section
24    regardless of whether the deaths occurred as the result of
25    the same act or of several related or unrelated acts so
26    long as the deaths were the result of either an intent to

 

 

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1    kill more than one person or of separate acts which the
2    defendant knew would cause death or create a strong
3    probability of death or great bodily harm to the murdered
4    individual or another; or
5        (4) the murdered individual was killed as a result of
6    the hijacking of an airplane, train, ship, bus or other
7    public conveyance; or
8        (5) the defendant committed the murder pursuant to a
9    contract, agreement or understanding by which he was to
10    receive money or anything of value in return for committing
11    the murder or procured another to commit the murder for
12    money or anything of value; or
13        (6) the murdered individual was killed in the course of
14    another felony if:
15            (a) the murdered individual:
16                (i) was actually killed by the defendant, or
17                (ii) received physical injuries personally
18            inflicted by the defendant substantially
19            contemporaneously with physical injuries caused by
20            one or more persons for whose conduct the defendant
21            is legally accountable under Section 5-2 of this
22            Code, and the physical injuries inflicted by
23            either the defendant or the other person or persons
24            for whose conduct he is legally accountable caused
25            the death of the murdered individual; and
26            (b) in performing the acts which caused the death

 

 

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1        of the murdered individual or which resulted in
2        physical injuries personally inflicted by the
3        defendant on the murdered individual under the
4        circumstances of subdivision (ii) of subparagraph (a)
5        of paragraph (6) of subsection (b) of this Section, the
6        defendant acted with the intent to kill the murdered
7        individual or with the knowledge that his acts created
8        a strong probability of death or great bodily harm to
9        the murdered individual or another; and
10            (c) the other felony was an inherently violent
11        crime or the attempt to commit an inherently violent
12        crime. In this subparagraph (c), "inherently violent
13        crime" includes, but is not limited to, armed robbery,
14        robbery, predatory criminal sexual assault of a child,
15        aggravated criminal sexual assault, aggravated
16        kidnapping, aggravated vehicular hijacking, aggravated
17        arson, aggravated stalking, residential burglary, and
18        home invasion; or
19        (7) the murdered individual was under 12 years of age
20    and the death resulted from exceptionally brutal or heinous
21    behavior indicative of wanton cruelty; or
22        (8) the defendant committed the murder with intent to
23    prevent the murdered individual from testifying or
24    participating in any criminal investigation or prosecution
25    or giving material assistance to the State in any
26    investigation or prosecution, either against the defendant

 

 

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1    or another; or the defendant committed the murder because
2    the murdered individual was a witness in any prosecution or
3    gave material assistance to the State in any investigation
4    or prosecution, either against the defendant or another;
5    for purposes of this paragraph (8), "participating in any
6    criminal investigation or prosecution" is intended to
7    include those appearing in the proceedings in any capacity
8    such as trial judges, prosecutors, defense attorneys,
9    investigators, witnesses, or jurors; or
10        (9) the defendant, while committing an offense
11    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
12    407 or 407.1 or subsection (b) of Section 404 of the
13    Illinois Controlled Substances Act, or while engaged in a
14    conspiracy or solicitation to commit such offense,
15    intentionally killed an individual or counseled,
16    commanded, induced, procured or caused the intentional
17    killing of the murdered individual; or
18        (10) the defendant was incarcerated in an institution
19    or facility of the Department of Corrections at the time of
20    the murder, and while committing an offense punishable as a
21    felony under Illinois law, or while engaged in a conspiracy
22    or solicitation to commit such offense, intentionally
23    killed an individual or counseled, commanded, induced,
24    procured or caused the intentional killing of the murdered
25    individual; or
26        (11) the murder was committed in a cold, calculated and

 

 

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1    premeditated manner pursuant to a preconceived plan,
2    scheme or design to take a human life by unlawful means,
3    and the conduct of the defendant created a reasonable
4    expectation that the death of a human being would result
5    therefrom; or
6        (12) the murdered individual was an emergency medical
7    technician - ambulance, emergency medical technician -
8    intermediate, emergency medical technician - paramedic,
9    ambulance driver, or other medical assistance or first aid
10    personnel, employed by a municipality or other
11    governmental unit, killed in the course of performing his
12    official duties, to prevent the performance of his official
13    duties, or in retaliation for performing his official
14    duties, and the defendant knew or should have known that
15    the murdered individual was an emergency medical
16    technician - ambulance, emergency medical technician -
17    intermediate, emergency medical technician - paramedic,
18    ambulance driver, or other medical assistance or first aid
19    personnel; or
20        (13) the defendant was a principal administrator,
21    organizer, or leader of a calculated criminal drug
22    conspiracy consisting of a hierarchical position of
23    authority superior to that of all other members of the
24    conspiracy, and the defendant counseled, commanded,
25    induced, procured, or caused the intentional killing of the
26    murdered person; or

 

 

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1        (14) the murder was intentional and involved the
2    infliction of torture. For the purpose of this Section
3    torture means the infliction of or subjection to extreme
4    physical pain, motivated by an intent to increase or
5    prolong the pain, suffering or agony of the victim; or
6        (15) the murder was committed as a result of the
7    intentional discharge of a firearm by the defendant from a
8    motor vehicle and the victim was not present within the
9    motor vehicle; or
10        (16) the murdered individual was 60 years of age or
11    older and the death resulted from exceptionally brutal or
12    heinous behavior indicative of wanton cruelty; or
13        (17) the murdered individual was a person with a
14    disability and the defendant knew or should have known that
15    the murdered individual was a person with a disability. For
16    purposes of this paragraph (17), "person with a disability"
17    means a person who suffers from a permanent physical or
18    mental impairment resulting from disease, an injury, a
19    functional disorder, or a congenital condition that
20    renders the person incapable of adequately providing for
21    his or her own health or personal care; or
22        (18) the murder was committed by reason of any person's
23    activity as a community policing volunteer or to prevent
24    any person from engaging in activity as a community
25    policing volunteer; or
26        (19) the murdered individual was subject to an order of

 

 

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1    protection and the murder was committed by a person against
2    whom the same order of protection was issued under the
3    Illinois Domestic Violence Act of 1986; or
4        (20) the murdered individual was known by the defendant
5    to be a teacher or other person employed in any school and
6    the teacher or other employee is upon the grounds of a
7    school or grounds adjacent to a school, or is in any part
8    of a building used for school purposes; or
9        (21) the murder was committed by the defendant in
10    connection with or as a result of the offense of terrorism
11    as defined in Section 29D-14.9 of this Code.
12    (b-5) Aggravating Factor; Natural Life Imprisonment. A
13defendant who has been found guilty of first degree murder and
14who at the time of the commission of the offense had attained
15the age of 18 years or more may be sentenced to natural life
16imprisonment if (i) the murdered individual was a physician,
17physician assistant, psychologist, nurse, or advanced practice
18registered nurse, (ii) the defendant knew or should have known
19that the murdered individual was a physician, physician
20assistant, psychologist, nurse, or advanced practice
21registered nurse, and (iii) the murdered individual was killed
22in the course of acting in his or her capacity as a physician,
23physician assistant, psychologist, nurse, or advanced practice
24registered nurse, or to prevent him or her from acting in that
25capacity, or in retaliation for his or her acting in that
26capacity.

 

 

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1    (c) Consideration of factors in Aggravation and
2Mitigation.
3    The court shall consider, or shall instruct the jury to
4consider any aggravating and any mitigating factors which are
5relevant to the imposition of the death penalty. Aggravating
6factors may include but need not be limited to those factors
7set forth in subsection (b). Mitigating factors may include but
8need not be limited to the following:
9        (1) the defendant has no significant history of prior
10    criminal activity;
11        (2) the murder was committed while the defendant was
12    under the influence of extreme mental or emotional
13    disturbance, although not such as to constitute a defense
14    to prosecution;
15        (3) the murdered individual was a participant in the
16    defendant's homicidal conduct or consented to the
17    homicidal act;
18        (4) the defendant acted under the compulsion of threat
19    or menace of the imminent infliction of death or great
20    bodily harm;
21        (5) the defendant was not personally present during
22    commission of the act or acts causing death;
23        (6) the defendant's background includes a history of
24    extreme emotional or physical abuse;
25        (7) the defendant suffers from a reduced mental
26    capacity.

 

 

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1    Provided, however, that an action that does not otherwise
2mitigate first degree murder cannot qualify as a mitigating
3factor for first degree murder because of the discovery,
4knowledge, or disclosure of the victim's sexual orientation as
5defined in Section 1-103 of the Illinois Human Rights Act.
6    (d) Separate sentencing hearing.
7    Where requested by the State, the court shall conduct a
8separate sentencing proceeding to determine the existence of
9factors set forth in subsection (b) and to consider any
10aggravating or mitigating factors as indicated in subsection
11(c). The proceeding shall be conducted:
12        (1) before the jury that determined the defendant's
13    guilt; or
14        (2) before a jury impanelled for the purpose of the
15    proceeding if:
16            A. the defendant was convicted upon a plea of
17        guilty; or
18            B. the defendant was convicted after a trial before
19        the court sitting without a jury; or
20            C. the court for good cause shown discharges the
21        jury that determined the defendant's guilt; or
22        (3) before the court alone if the defendant waives a
23    jury for the separate proceeding.
24    (e) Evidence and Argument.
25    During the proceeding any information relevant to any of
26the factors set forth in subsection (b) may be presented by

 

 

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1either the State or the defendant under the rules governing the
2admission of evidence at criminal trials. Any information
3relevant to any additional aggravating factors or any
4mitigating factors indicated in subsection (c) may be presented
5by the State or defendant regardless of its admissibility under
6the rules governing the admission of evidence at criminal
7trials. The State and the defendant shall be given fair
8opportunity to rebut any information received at the hearing.
9    (f) Proof.
10    The burden of proof of establishing the existence of any of
11the factors set forth in subsection (b) is on the State and
12shall not be satisfied unless established beyond a reasonable
13doubt.
14    (g) Procedure - Jury.
15    If at the separate sentencing proceeding the jury finds
16that none of the factors set forth in subsection (b) exists,
17the court shall sentence the defendant to a term of
18imprisonment under Chapter V of the Unified Code of
19Corrections. If there is a unanimous finding by the jury that
20one or more of the factors set forth in subsection (b) exist,
21the jury shall consider aggravating and mitigating factors as
22instructed by the court and shall determine whether the
23sentence of death shall be imposed. If the jury determines
24unanimously, after weighing the factors in aggravation and
25mitigation, that death is the appropriate sentence, the court
26shall sentence the defendant to death. If the court does not

 

 

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1concur with the jury determination that death is the
2appropriate sentence, the court shall set forth reasons in
3writing including what facts or circumstances the court relied
4upon, along with any relevant documents, that compelled the
5court to non-concur with the sentence. This document and any
6attachments shall be part of the record for appellate review.
7The court shall be bound by the jury's sentencing
8determination.
9    If after weighing the factors in aggravation and
10mitigation, one or more jurors determines that death is not the
11appropriate sentence, the court shall sentence the defendant to
12a term of imprisonment under Chapter V of the Unified Code of
13Corrections.
14    (h) Procedure - No Jury.
15    In a proceeding before the court alone, if the court finds
16that none of the factors found in subsection (b) exists, the
17court shall sentence the defendant to a term of imprisonment
18under Chapter V of the Unified Code of Corrections.
19    If the Court determines that one or more of the factors set
20forth in subsection (b) exists, the Court shall consider any
21aggravating and mitigating factors as indicated in subsection
22(c). If the Court determines, after weighing the factors in
23aggravation and mitigation, that death is the appropriate
24sentence, the Court shall sentence the defendant to death.
25    If the court finds that death is not the appropriate
26sentence, the court shall sentence the defendant to a term of

 

 

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1imprisonment under Chapter V of the Unified Code of
2Corrections.
3    (h-5) Decertification as a capital case.
4    In a case in which the defendant has been found guilty of
5first degree murder by a judge or jury, or a case on remand for
6resentencing, and the State seeks the death penalty as an
7appropriate sentence, on the court's own motion or the written
8motion of the defendant, the court may decertify the case as a
9death penalty case if the court finds that the only evidence
10supporting the defendant's conviction is the uncorroborated
11testimony of an informant witness, as defined in Section 115-21
12of the Code of Criminal Procedure of 1963, concerning the
13confession or admission of the defendant or that the sole
14evidence against the defendant is a single eyewitness or single
15accomplice without any other corroborating evidence. If the
16court decertifies the case as a capital case under either of
17the grounds set forth above, the court shall issue a written
18finding. The State may pursue its right to appeal the
19decertification pursuant to Supreme Court Rule 604(a)(1). If
20the court does not decertify the case as a capital case, the
21matter shall proceed to the eligibility phase of the sentencing
22hearing.
23    (i) Appellate Procedure.
24    The conviction and sentence of death shall be subject to
25automatic review by the Supreme Court. Such review shall be in
26accordance with rules promulgated by the Supreme Court. The

 

 

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1Illinois Supreme Court may overturn the death sentence, and
2order the imposition of imprisonment under Chapter V of the
3Unified Code of Corrections if the court finds that the death
4sentence is fundamentally unjust as applied to the particular
5case. If the Illinois Supreme Court finds that the death
6sentence is fundamentally unjust as applied to the particular
7case, independent of any procedural grounds for relief, the
8Illinois Supreme Court shall issue a written opinion explaining
9this finding.
10    (j) Disposition of reversed death sentence.
11    In the event that the death penalty in this Act is held to
12be unconstitutional by the Supreme Court of the United States
13or of the State of Illinois, any person convicted of first
14degree murder shall be sentenced by the court to a term of
15imprisonment under Chapter V of the Unified Code of
16Corrections.
17    In the event that any death sentence pursuant to the
18sentencing provisions of this Section is declared
19unconstitutional by the Supreme Court of the United States or
20of the State of Illinois, the court having jurisdiction over a
21person previously sentenced to death shall cause the defendant
22to be brought before the court, and the court shall sentence
23the defendant to a term of imprisonment under Chapter V of the
24Unified Code of Corrections.
25    (k) Guidelines for seeking the death penalty.
26    The Attorney General and State's Attorneys Association

 

 

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1shall consult on voluntary guidelines for procedures governing
2whether or not to seek the death penalty. The guidelines do not
3have the force of law and are only advisory in nature.
4(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18;
5100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
6    (Text of Section after amendment by P.A. 101-223)
7    Sec. 9-1. First degree murder; death penalties;
8exceptions; separate hearings; proof; findings; appellate
9procedures; reversals.
10    (a) A person who kills an individual without lawful
11justification commits first degree murder if, in performing the
12acts which cause the death:
13        (1) in performing the acts which cause the death, he or
14    she either intends to kill or do great bodily harm to that
15    individual or another, or knows that such acts will cause
16    death to that individual or another; or
17        (2) in performing the acts which cause the death, he or
18    she knows that such acts create a strong probability of
19    death or great bodily harm to that individual or another;
20    or
21        (3) he or she, acting alone, commits or attempts to
22    commit is attempting or committing a forcible felony other
23    than second degree murder and, in the course of and in
24    furtherance of the crime, he or she personally causes the
25    death of an individual; or .

 

 

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1        (4) he or she, when acting with one or more
2    participants, commits or attempts to commit a forcible
3    felony other than second degree murder, and in the course
4    of and in furtherance of the offense, another participant
5    in the offense causes the death of an individual, and he or
6    she knew that the other participant would engage in conduct
7    that would result in death or great bodily harm.
8    (b) Aggravating Factors. A defendant who at the time of the
9commission of the offense has attained the age of 18 or more
10and who has been found guilty of first degree murder may be
11sentenced to death if:
12        (1) the murdered individual was a peace officer or
13    fireman killed in the course of performing his official
14    duties, to prevent the performance of his or her official
15    duties, or in retaliation for performing his or her
16    official duties, and the defendant knew or should have
17    known that the murdered individual was a peace officer or
18    fireman; or
19        (2) the murdered individual was an employee of an
20    institution or facility of the Department of Corrections,
21    or any similar local correctional agency, killed in the
22    course of performing his or her official duties, to prevent
23    the performance of his or her official duties, or in
24    retaliation for performing his or her official duties, or
25    the murdered individual was an inmate at such institution
26    or facility and was killed on the grounds thereof, or the

 

 

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1    murdered individual was otherwise present in such
2    institution or facility with the knowledge and approval of
3    the chief administrative officer thereof; or
4        (3) the defendant has been convicted of murdering two
5    or more individuals under subsection (a) of this Section or
6    under any law of the United States or of any state which is
7    substantially similar to subsection (a) of this Section
8    regardless of whether the deaths occurred as the result of
9    the same act or of several related or unrelated acts so
10    long as the deaths were the result of either an intent to
11    kill more than one person or of separate acts which the
12    defendant knew would cause death or create a strong
13    probability of death or great bodily harm to the murdered
14    individual or another; or
15        (4) the murdered individual was killed as a result of
16    the hijacking of an airplane, train, ship, bus, or other
17    public conveyance; or
18        (5) the defendant committed the murder pursuant to a
19    contract, agreement, or understanding by which he or she
20    was to receive money or anything of value in return for
21    committing the murder or procured another to commit the
22    murder for money or anything of value; or
23        (6) the murdered individual was killed in the course of
24    another felony if:
25            (a) the murdered individual:
26                (i) was actually killed by the defendant, or

 

 

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1                (ii) received physical injuries personally
2            inflicted by the defendant substantially
3            contemporaneously with physical injuries caused by
4            one or more persons for whose conduct the defendant
5            is legally accountable under Section 5-2 of this
6            Code, and the physical injuries inflicted by
7            either the defendant or the other person or persons
8            for whose conduct he is legally accountable caused
9            the death of the murdered individual; and
10            (b) in performing the acts which caused the death
11        of the murdered individual or which resulted in
12        physical injuries personally inflicted by the
13        defendant on the murdered individual under the
14        circumstances of subdivision (ii) of subparagraph (a)
15        of paragraph (6) of subsection (b) of this Section, the
16        defendant acted with the intent to kill the murdered
17        individual or with the knowledge that his acts created
18        a strong probability of death or great bodily harm to
19        the murdered individual or another; and
20            (c) the other felony was an inherently violent
21        crime or the attempt to commit an inherently violent
22        crime. In this subparagraph (c), "inherently violent
23        crime" includes, but is not limited to, armed robbery,
24        robbery, predatory criminal sexual assault of a child,
25        aggravated criminal sexual assault, aggravated
26        kidnapping, aggravated vehicular hijacking, aggravated

 

 

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1        arson, aggravated stalking, residential burglary, and
2        home invasion; or
3        (7) the murdered individual was under 12 years of age
4    and the death resulted from exceptionally brutal or heinous
5    behavior indicative of wanton cruelty; or
6        (8) the defendant committed the murder with intent to
7    prevent the murdered individual from testifying or
8    participating in any criminal investigation or prosecution
9    or giving material assistance to the State in any
10    investigation or prosecution, either against the defendant
11    or another; or the defendant committed the murder because
12    the murdered individual was a witness in any prosecution or
13    gave material assistance to the State in any investigation
14    or prosecution, either against the defendant or another;
15    for purposes of this paragraph (8), "participating in any
16    criminal investigation or prosecution" is intended to
17    include those appearing in the proceedings in any capacity
18    such as trial judges, prosecutors, defense attorneys,
19    investigators, witnesses, or jurors; or
20        (9) the defendant, while committing an offense
21    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
22    407 or 407.1 or subsection (b) of Section 404 of the
23    Illinois Controlled Substances Act, or while engaged in a
24    conspiracy or solicitation to commit such offense,
25    intentionally killed an individual or counseled,
26    commanded, induced, procured or caused the intentional

 

 

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1    killing of the murdered individual; or
2        (10) the defendant was incarcerated in an institution
3    or facility of the Department of Corrections at the time of
4    the murder, and while committing an offense punishable as a
5    felony under Illinois law, or while engaged in a conspiracy
6    or solicitation to commit such offense, intentionally
7    killed an individual or counseled, commanded, induced,
8    procured or caused the intentional killing of the murdered
9    individual; or
10        (11) the murder was committed in a cold, calculated and
11    premeditated manner pursuant to a preconceived plan,
12    scheme or design to take a human life by unlawful means,
13    and the conduct of the defendant created a reasonable
14    expectation that the death of a human being would result
15    therefrom; or
16        (12) the murdered individual was an emergency medical
17    technician - ambulance, emergency medical technician -
18    intermediate, emergency medical technician - paramedic,
19    ambulance driver, or other medical assistance or first aid
20    personnel, employed by a municipality or other
21    governmental unit, killed in the course of performing his
22    official duties, to prevent the performance of his official
23    duties, or in retaliation for performing his official
24    duties, and the defendant knew or should have known that
25    the murdered individual was an emergency medical
26    technician - ambulance, emergency medical technician -

 

 

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1    intermediate, emergency medical technician - paramedic,
2    ambulance driver, or other medical assistance or first aid
3    personnel; or
4        (13) the defendant was a principal administrator,
5    organizer, or leader of a calculated criminal drug
6    conspiracy consisting of a hierarchical position of
7    authority superior to that of all other members of the
8    conspiracy, and the defendant counseled, commanded,
9    induced, procured, or caused the intentional killing of the
10    murdered person; or
11        (14) the murder was intentional and involved the
12    infliction of torture. For the purpose of this Section
13    torture means the infliction of or subjection to extreme
14    physical pain, motivated by an intent to increase or
15    prolong the pain, suffering or agony of the victim; or
16        (15) the murder was committed as a result of the
17    intentional discharge of a firearm by the defendant from a
18    motor vehicle and the victim was not present within the
19    motor vehicle; or
20        (16) the murdered individual was 60 years of age or
21    older and the death resulted from exceptionally brutal or
22    heinous behavior indicative of wanton cruelty; or
23        (17) the murdered individual was a person with a
24    disability and the defendant knew or should have known that
25    the murdered individual was a person with a disability. For
26    purposes of this paragraph (17), "person with a disability"

 

 

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1    means a person who suffers from a permanent physical or
2    mental impairment resulting from disease, an injury, a
3    functional disorder, or a congenital condition that
4    renders the person incapable of adequately providing for
5    his or her own health or personal care; or
6        (18) the murder was committed by reason of any person's
7    activity as a community policing volunteer or to prevent
8    any person from engaging in activity as a community
9    policing volunteer; or
10        (19) the murdered individual was subject to an order of
11    protection and the murder was committed by a person against
12    whom the same order of protection was issued under the
13    Illinois Domestic Violence Act of 1986; or
14        (20) the murdered individual was known by the defendant
15    to be a teacher or other person employed in any school and
16    the teacher or other employee is upon the grounds of a
17    school or grounds adjacent to a school, or is in any part
18    of a building used for school purposes; or
19        (21) the murder was committed by the defendant in
20    connection with or as a result of the offense of terrorism
21    as defined in Section 29D-14.9 of this Code; or
22        (22) the murdered individual was a member of a
23    congregation engaged in prayer or other religious
24    activities at a church, synagogue, mosque, or other
25    building, structure, or place used for religious worship.
26    (b-5) Aggravating Factor; Natural Life Imprisonment. A

 

 

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1defendant who has been found guilty of first degree murder and
2who at the time of the commission of the offense had attained
3the age of 18 years or more may be sentenced to natural life
4imprisonment if (i) the murdered individual was a physician,
5physician assistant, psychologist, nurse, or advanced practice
6registered nurse, (ii) the defendant knew or should have known
7that the murdered individual was a physician, physician
8assistant, psychologist, nurse, or advanced practice
9registered nurse, and (iii) the murdered individual was killed
10in the course of acting in his or her capacity as a physician,
11physician assistant, psychologist, nurse, or advanced practice
12registered nurse, or to prevent him or her from acting in that
13capacity, or in retaliation for his or her acting in that
14capacity.
15    (c) Consideration of factors in Aggravation and
16Mitigation.
17    The court shall consider, or shall instruct the jury to
18consider any aggravating and any mitigating factors which are
19relevant to the imposition of the death penalty. Aggravating
20factors may include but need not be limited to those factors
21set forth in subsection (b). Mitigating factors may include but
22need not be limited to the following:
23        (1) the defendant has no significant history of prior
24    criminal activity;
25        (2) the murder was committed while the defendant was
26    under the influence of extreme mental or emotional

 

 

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1    disturbance, although not such as to constitute a defense
2    to prosecution;
3        (3) the murdered individual was a participant in the
4    defendant's homicidal conduct or consented to the
5    homicidal act;
6        (4) the defendant acted under the compulsion of threat
7    or menace of the imminent infliction of death or great
8    bodily harm;
9        (5) the defendant was not personally present during
10    commission of the act or acts causing death;
11        (6) the defendant's background includes a history of
12    extreme emotional or physical abuse;
13        (7) the defendant suffers from a reduced mental
14    capacity.
15    Provided, however, that an action that does not otherwise
16mitigate first degree murder cannot qualify as a mitigating
17factor for first degree murder because of the discovery,
18knowledge, or disclosure of the victim's sexual orientation as
19defined in Section 1-103 of the Illinois Human Rights Act.
20    (d) Separate sentencing hearing.
21    Where requested by the State, the court shall conduct a
22separate sentencing proceeding to determine the existence of
23factors set forth in subsection (b) and to consider any
24aggravating or mitigating factors as indicated in subsection
25(c). The proceeding shall be conducted:
26        (1) before the jury that determined the defendant's

 

 

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1    guilt; or
2        (2) before a jury impanelled for the purpose of the
3    proceeding if:
4            A. the defendant was convicted upon a plea of
5        guilty; or
6            B. the defendant was convicted after a trial before
7        the court sitting without a jury; or
8            C. the court for good cause shown discharges the
9        jury that determined the defendant's guilt; or
10        (3) before the court alone if the defendant waives a
11    jury for the separate proceeding.
12    (e) Evidence and Argument.
13    During the proceeding any information relevant to any of
14the factors set forth in subsection (b) may be presented by
15either the State or the defendant under the rules governing the
16admission of evidence at criminal trials. Any information
17relevant to any additional aggravating factors or any
18mitigating factors indicated in subsection (c) may be presented
19by the State or defendant regardless of its admissibility under
20the rules governing the admission of evidence at criminal
21trials. The State and the defendant shall be given fair
22opportunity to rebut any information received at the hearing.
23    (f) Proof.
24    The burden of proof of establishing the existence of any of
25the factors set forth in subsection (b) is on the State and
26shall not be satisfied unless established beyond a reasonable

 

 

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1doubt.
2    (g) Procedure - Jury.
3    If at the separate sentencing proceeding the jury finds
4that none of the factors set forth in subsection (b) exists,
5the court shall sentence the defendant to a term of
6imprisonment under Chapter V of the Unified Code of
7Corrections. If there is a unanimous finding by the jury that
8one or more of the factors set forth in subsection (b) exist,
9the jury shall consider aggravating and mitigating factors as
10instructed by the court and shall determine whether the
11sentence of death shall be imposed. If the jury determines
12unanimously, after weighing the factors in aggravation and
13mitigation, that death is the appropriate sentence, the court
14shall sentence the defendant to death. If the court does not
15concur with the jury determination that death is the
16appropriate sentence, the court shall set forth reasons in
17writing including what facts or circumstances the court relied
18upon, along with any relevant documents, that compelled the
19court to non-concur with the sentence. This document and any
20attachments shall be part of the record for appellate review.
21The court shall be bound by the jury's sentencing
22determination.
23    If after weighing the factors in aggravation and
24mitigation, one or more jurors determines that death is not the
25appropriate sentence, the court shall sentence the defendant to
26a term of imprisonment under Chapter V of the Unified Code of

 

 

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1Corrections.
2    (h) Procedure - No Jury.
3    In a proceeding before the court alone, if the court finds
4that none of the factors found in subsection (b) exists, the
5court shall sentence the defendant to a term of imprisonment
6under Chapter V of the Unified Code of Corrections.
7    If the Court determines that one or more of the factors set
8forth in subsection (b) exists, the Court shall consider any
9aggravating and mitigating factors as indicated in subsection
10(c). If the Court determines, after weighing the factors in
11aggravation and mitigation, that death is the appropriate
12sentence, the Court shall sentence the defendant to death.
13    If the court finds that death is not the appropriate
14sentence, the court shall sentence the defendant to a term of
15imprisonment under Chapter V of the Unified Code of
16Corrections.
17    (h-5) Decertification as a capital case.
18    In a case in which the defendant has been found guilty of
19first degree murder by a judge or jury, or a case on remand for
20resentencing, and the State seeks the death penalty as an
21appropriate sentence, on the court's own motion or the written
22motion of the defendant, the court may decertify the case as a
23death penalty case if the court finds that the only evidence
24supporting the defendant's conviction is the uncorroborated
25testimony of an informant witness, as defined in Section 115-21
26of the Code of Criminal Procedure of 1963, concerning the

 

 

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1confession or admission of the defendant or that the sole
2evidence against the defendant is a single eyewitness or single
3accomplice without any other corroborating evidence. If the
4court decertifies the case as a capital case under either of
5the grounds set forth above, the court shall issue a written
6finding. The State may pursue its right to appeal the
7decertification pursuant to Supreme Court Rule 604(a)(1). If
8the court does not decertify the case as a capital case, the
9matter shall proceed to the eligibility phase of the sentencing
10hearing.
11    (i) Appellate Procedure.
12    The conviction and sentence of death shall be subject to
13automatic review by the Supreme Court. Such review shall be in
14accordance with rules promulgated by the Supreme Court. The
15Illinois Supreme Court may overturn the death sentence, and
16order the imposition of imprisonment under Chapter V of the
17Unified Code of Corrections if the court finds that the death
18sentence is fundamentally unjust as applied to the particular
19case. If the Illinois Supreme Court finds that the death
20sentence is fundamentally unjust as applied to the particular
21case, independent of any procedural grounds for relief, the
22Illinois Supreme Court shall issue a written opinion explaining
23this finding.
24    (j) Disposition of reversed death sentence.
25    In the event that the death penalty in this Act is held to
26be unconstitutional by the Supreme Court of the United States

 

 

SB2292- 29 -LRB101 14862 RLC 63841 b

1or of the State of Illinois, any person convicted of first
2degree murder shall be sentenced by the court to a term of
3imprisonment under Chapter V of the Unified Code of
4Corrections.
5    In the event that any death sentence pursuant to the
6sentencing provisions of this Section is declared
7unconstitutional by the Supreme Court of the United States or
8of the State of Illinois, the court having jurisdiction over a
9person previously sentenced to death shall cause the defendant
10to be brought before the court, and the court shall sentence
11the defendant to a term of imprisonment under Chapter V of the
12Unified Code of Corrections.
13    (k) Guidelines for seeking the death penalty.
14    The Attorney General and State's Attorneys Association
15shall consult on voluntary guidelines for procedures governing
16whether or not to seek the death penalty. The guidelines do not
17have the force of law and are only advisory in nature.
18(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
19100-863, eff. 8-14-18; 101-223, eff. 1-1-20.)
 
20    Section 95. No acceleration or delay. Where this Act makes
21changes in a statute that is represented in this Act by text
22that is not yet or no longer in effect (for example, a Section
23represented by multiple versions), the use of that text does
24not accelerate or delay the taking effect of (i) the changes
25made by this Act or (ii) provisions derived from any other

 

 

SB2292- 30 -LRB101 14862 RLC 63841 b

1Public Act.