Illinois General Assembly - Bill Status for HB1281

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.

Deletes 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.

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.

Deletes all. Creates the Capital Punishment Reform Study Committee Act. Contains only a short title provision.

Deletes 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.

×