97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1519

 

Introduced 2/15/2011, by Rep. Dennis M. Reboletti

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.786 rep.
720 ILCS 5/9-1  from Ch. 38, par. 9-1
725 ILCS 5/119-1 rep.

    Amends the State Finance Act, if and only if the provisions of Senate Bill 3539 of the 96th General Assembly become law. Repeals a provision creating the Death Penalty Abolition Fund. Amends the Criminal Code of 1961, if and only if the provisions of Senate Bill 3539 of the 96th General Assembly become law. Limits the number of aggravating factors in which the death penalty may be imposed for first degree murder. Amends the Code of Criminal Procedure of 1963, if and only if the provisions of Senate Bill 3539 of the 96th General Assembly become law. Repeals provision abolishing the death penalty.


LRB097 09193 RLC 49328 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1519LRB097 09193 RLC 49328 b

1    AN ACT concerning the death penalty.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (30 ILCS 105/5.786 rep.)
5    Section 5. If and only if the provisions of Senate Bill
63539 of the 96th General Assembly become law, the State Finance
7Act is amended by repealing Section 5.786 as added by Senate
8Bill 3539 of the 96th General Assembly.
 
9    Section 10. If and only if the provisions of Senate Bill
103539 of the 96th General Assembly become law, the Criminal Code
11of 1961 is amended by changing Section 9-1 as follows:
 
12    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
13    Sec. 9-1. First degree Murder - Death penalties -
14Exceptions - Separate Hearings - Proof - Findings - Appellate
15procedures - Reversals.
16    (a) A person who kills an individual without lawful
17justification commits first degree murder if, in performing the
18acts which cause the death:
19        (1) he either intends to kill or do great bodily harm
20    to that individual or another, or knows that such acts will
21    cause death to that individual or another; or
22        (2) he knows that such acts create a strong probability

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    administrator, organizer, or leader of a calculated
2    criminal drug conspiracy consisting of a hierarchical
3    position of authority superior to that of all other members
4    of the conspiracy, and the defendant counseled, commanded,
5    induced, procured, or caused the intentional killing of the
6    murdered person; or
7        (14) the murder was intentional and involved the
8    infliction of torture. For the purpose of this Section
9    torture means the infliction of or subjection to extreme
10    physical pain, motivated by an intent to increase or
11    prolong the pain, suffering or agony of the victim; or
12        (15) (blank) the murder was committed as a result of
13    the intentional discharge of a firearm by the defendant
14    from a motor vehicle and the victim was not present within
15    the motor vehicle; or
16        (16) (blank) the murdered individual was 60 years of
17    age or older and the death resulted from exceptionally
18    brutal or heinous behavior indicative of wanton cruelty; or
19        (17) (blank) the murdered individual was a disabled
20    person and the defendant knew or should have known that the
21    murdered individual was disabled. For purposes of this
22    paragraph (17), "disabled person" means a person who
23    suffers from a permanent physical or mental impairment
24    resulting from disease, an injury, a functional disorder,
25    or a congenital condition that renders the person incapable
26    of adequately providing for his or her own health or

 

 

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

 

 

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

 

 

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1    commission of the act or acts causing death;
2        (6) the defendant's background includes a history of
3    extreme emotional or physical abuse;
4        (7) the defendant suffers from a reduced mental
5    capacity.
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. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)
 
5    (725 ILCS 5/119-1 rep.)
6    Section 15. If and only if the provisions of Senate Bill
73539 of the 96th General Assembly become law, the Code of
8Criminal Procedure of 1963 is amended by repealing Section
9119-1 as added by Senate Bill 3539 of the 96th General
10Assembly.