Illinois General Assembly - Bill Status for HB1738
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 Bill Status of HB1738  97th General Assembly

Short Description:  CRIM CD-FIRST DEGREE MURDER

House Sponsors
Rep. Dennis M. Reboletti - John D. Cavaletto

Last Action
DateChamber Action
  1/8/2013HouseSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/9-1from Ch. 38, par. 9-1


Synopsis As Introduced
Amends the Criminal Code of 1961 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed.

House Committee Amendment No. 1
Eliminates the death penalty for murder for hire and in cases in which the defendant inflicted torture on the victim.

House Committee Amendment No. 2
Adds reference to:
30 ILCS 105/5.786 rep.
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 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.

 Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation)
 No land conveyances are included in this bill.

 Land Conveyance Appraisal Note, House Committee Amendment No. 2 (Dept. of Transportation)
 No land conveyances are included in this bill.

 Balanced Budget Note, House Committee Amendment No. 1 (Office of Management and Budget)
 As amended, HB 1738 does not have any significant fiscal impact to the State. The transfer of unspent and unobligated fund balances is budget neutral. However, should the Death Penalty be reinstated, an additional financial burden may be levied on the State. Such an additional financial burden could not be met by the balance in the Capital Litigation Trust Fund and would need to be borne by the General Revenue Fund. While this potential need is undeterminable at this time, moderate costs could be incurred.

 Balanced Budget Note, House Committee Amendment No. 2 (Office of Management and Budget)
 As amended, HB 1738 does not have any significant fiscal impact to the State. The transfer of unspent and unobligated fund balances is budget neutral. However, should the Death Penalty be reinstated, an additional financial burden may be levied on the State. Such an additional financial burden could not be met by the balance in the Capital Litigation Trust Fund and would need to be borne by the General Revenue Fund. While this potential need is undeterminable at this time, moderate costs could be incurred.

 Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts)
 Would neither increase nor decrease the number of judges needed in the state.

 Judicial Note, House Committee Amendment No. 2 (Admin Office of the Illinois Courts)
 Would neither increase nor decrease the number of judges needed in the state.

 State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
 HB 1738 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 State Debt Impact Note, House Committee Amendment No. 2 (Government Forecasting & Accountability)
 HB 1738 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Pension Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
 HB 1738 (H-AM 1) will have no fiscal impact on any public fund or retirement system in Illinois.

 Pension Note, House Committee Amendment No. 2 (Government Forecasting & Accountability)
 HB 1738 (H-AM 2) will have no fiscal impact on any public fund or retirement system in Illinois.

 Housing Affordability Impact Note, House Committee Amendment No. 1 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Housing Affordability Impact Note, House Committee Amendment No. 2 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Correctional Note, House Committee Amendment No. 1 (Dept of Corrections)
 There is a minimal fiscal impact on the Department of Corrections because death penalty cases involve a longer and more involved appeals process which results in more court writ transfers and associated labor costs. These costs could become greater exponentially over time if Death Row population were to grow; but, again, this would not occur until after ten years had elapsed from the period of enactment as only 18 inmates were given the death penalty from January 2003 through March 2011. There is no correction population impact.

 Correctional Note, House Committee Amendment No. 2 (Dept of Corrections)
 There is a minimal fiscal impact on the Department of Corrections because death penalty cases involve a longer and more involved appeals process which results in more court writ transfers and associated labor costs. These costs could become greater exponentially over time if Death Row population were to grow; but, again, this would not occur until after ten years had elapsed from the period of enactment as only 18 inmates were given the death penalty from January 2003 through March 2011. There is no correction population impact.

 State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 HB 1738 (H-AM 1) does not create a State mandate.

 State Mandates Fiscal Note, House Committee Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 HB 1738 (H-AM 2) does not create a State mandate.

 Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 HB 1738 (H-AM 1) does not pre-empt home rule authority.

 Home Rule Note, House Committee Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 HB 1738 (H-AM 1) does not pre-empt home rule authority.

 Fiscal Note, House Committee Amendment No. 1 (Dept of Corrections)
 There is a minimal fiscal impact on the Department of Corrections because death penalty cases involve a longer and more involved appeals process which results in more court writ transfers and associated labor costs. These costs could become greater exponentially over time if Death Row population were to grow; but again, this would not occur until after ten years had elapsed from the period of enactment as only 18 inmates were given the death penalty from January 2003 through March 2011.

 Fiscal Note, House Committee Amendment No. 2 (Dept of Corrections)
 There is a minimal fiscal impact on the Department of Corrections because death penalty cases involve a longer and more involved appeals process which results in more court writ transfers and associated labor costs. These costs could become greater exponentially over time if Death Row population were to grow; but again, this would not occur until after ten years had elapsed from the period of enactment as only 18 inmates were given the death penalty from January 2003 through March 2011.

 Fiscal Note (Dept of Corrections)
 There is a minimal fiscal impact on the Department of Corrections because death penalty cases involve a longer and more involved appeals process which results in more court writ transfers and associated labor costs. These costs could become greater exponentially over time if Death Row population were to grow; but, again, this would not occur until after ten years had elapsed from the period of enactment as only 18 inmates were given the death penalty from January 2003 through March 2011.

 Correctional Note (Dept of Corrections)
 There is a minimal fiscal impact on the Department of Corrections because death penalty cases involve a longer and more involved appeals process which results in more court writ transfers and associated labor costs. These costs could become greater exponentially over time if Death Row population were to grow; but, again, this would not occur until after ten years had elapsed from the period of enactment as only 18 inmates were given the death penalty from January 2003 through March 2011.

 Balanced Budget Note (Office of Management and Budget)
 HB 1738 as introduced has an undetermined fiscal impact to the State. Undoubtedly, the State would incur court costs that may be moderate to substantial depending upon how many cases are brought forth each year. Such expenses would become the responsibility of GRF.

 Judicial Note (Admin Office of the Illinois Courts)
 Would neither increase nor decrease the number of judges needed in the state.

 Pension Note (Government Forecasting & Accountability)
 Will not impact any public pension fund or retirement system in Illinois.

 State Debt Impact Note (Government Forecasting & Accountability)
 Would not change the amount of authorization for any type of State-issued or State-supported bond, and therefore would not affect the level of State indebtedness.

 Housing Affordability Impact Note (Housing Development Authority)
 No fiscal effect on a single-family residence.

 Land Conveyance Appraisal Note (Dept. of Transportation)
 No land conveyances are included in this bill.

 Home Rule Note (Dept. of Commerce & Economic Opportunity)
 HB 1738 does not pre-empt home rule authority.

 State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
 HB 1738 does not create a State mandate.

Actions 
DateChamber Action
  2/16/2011HouseFiled with the Clerk by Rep. Dennis M. Reboletti
  2/16/2011HouseFirst Reading
  2/16/2011HouseReferred to Rules Committee
  2/22/2011HouseAssigned to Judiciary II - Criminal Law Committee
  3/10/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Dennis M. Reboletti
  3/10/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/10/2011HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Dennis M. Reboletti
  3/10/2011HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/15/2011HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee
  3/15/2011HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee
  3/17/2011HouseFiscal Note Requested by Rep. Karen A. Yarbrough
  3/17/2011HouseState Mandates Fiscal Note Requested by Rep. Karen A. Yarbrough
  3/17/2011HouseBalanced Budget Note Requested by Rep. Karen A. Yarbrough
  3/17/2011HouseCorrectional Note Requested by Rep. Karen A. Yarbrough
  3/17/2011HouseHome Rule Note Requested by Rep. Karen A. Yarbrough
  3/17/2011HouseHousing Affordability Impact Note Requested by Rep. Karen A. Yarbrough
  3/17/2011HouseJudicial Note Requested by Rep. Karen A. Yarbrough
  3/17/2011HouseLand Conveyance Appraisal Note Requested by Rep. Karen A. Yarbrough
  3/17/2011HousePension Note Requested by Rep. Karen A. Yarbrough
  3/17/2011HouseState Debt Impact Note Requested by Rep. Karen A. Yarbrough
  3/17/2011HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/17/2011HouseHouse Committee Amendment No. 2 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/17/2011HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 004-001-001
  3/17/2011HousePlaced on Calendar 2nd Reading - Short Debate
  3/29/2011HouseHouse Committee Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended
  3/29/2011HouseHouse Committee Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended
  3/30/2011HouseHouse Committee Amendment No. 1 Balanced Budget Note Filed as Amended
  3/30/2011HouseHouse Committee Amendment No. 2 Balanced Budget Note Filed as Amended
  4/1/2011HouseHouse Committee Amendment No. 1 Judicial Note Filed as Amended
  4/1/2011HouseHouse Committee Amendment No. 2 Judicial Note Filed as Amended
  4/1/2011HouseHouse Committee Amendment No. 1 State Debt Impact Note Filed as Amended
  4/1/2011HouseHouse Committee Amendment No. 2 State Debt Impact Note Filed as Amended
  4/4/2011HouseHouse Committee Amendment No. 1 Pension Note Filed as Amended
  4/4/2011HouseHouse Committee Amendment No. 2 Pension Note Filed as Amended
  4/4/2011HouseHouse Committee Amendment No. 1 Housing Affordability Impact Note Filed as Amended
  4/4/2011HouseHouse Committee Amendment No. 2 Housing Affordability Impact Note Filed as Amended
  4/5/2011HouseHouse Committee Amendment No. 1 Correctional Note Filed as Amended
  4/5/2011HouseHouse Committee Amendment No. 2 Correctional Note Filed as Amended
  4/6/2011HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  4/6/2011HouseHouse Committee Amendment No. 2 State Mandates Fiscal Note Filed as Amended
  4/6/2011HouseHouse Committee Amendment No. 1 Home Rule Note Filed as Amended
  4/6/2011HouseHouse Committee Amendment No. 2 Home Rule Note Filed as Amended
  4/7/2011HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  4/7/2011HouseHouse Committee Amendment No. 2 Fiscal Note Filed as Amended
  4/14/2011HouseSecond Reading - Short Debate
  4/14/2011HouseHeld on Calendar Order of Second Reading - Short Debate
  4/15/2011HouseAdded Chief Co-Sponsor Rep. John D. Cavaletto
  4/15/2011HouseFinal Action Deadline Extended-9(b) May 6, 2011
  4/21/2011HouseFiscal Note Filed
  4/21/2011HouseCorrectional Note Filed
  4/21/2011HouseBalanced Budget Note Filed
  4/21/2011HouseJudicial Note Filed
  4/25/2011HousePension Note Filed
  4/25/2011HouseState Debt Impact Note Filed
  4/25/2011HouseHousing Affordability Impact Note Filed
  4/27/2011HouseLand Conveyance Appraisal Note Filed
  4/27/2011HouseHome Rule Note Filed
  4/27/2011HouseState Mandates Fiscal Note Filed
  4/27/2011HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Karen A. Yarbrough
  4/27/2011HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/6/2011HouseFinal Action Deadline Extended-9(b) May 20, 2011
  5/20/2011HouseFinal Action Deadline Extended-9(b) May 27, 2011
  5/26/2011HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Karen A. Yarbrough
  5/26/2011HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  5/27/2011HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-000-000
  5/27/2011HouseHouse Floor Amendment No. 4 Fiscal Note Requested as Amended by Rep. Elaine Nekritz
  5/27/2011HouseHouse Floor Amendment No. 4 Housing Affordability Impact Note Requested as Amended by Rep. Elaine Nekritz
  5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011
  5/29/2011HouseHouse Floor Amendment No. 4 State Mandates Fiscal Note Requested as Amended by Rep. Elaine Nekritz
  5/29/2011HouseHouse Floor Amendment No. 4 Judicial Note Requested as Amended by Rep. Elaine Nekritz
  5/31/2011HouseRule 19(a) / Re-referred to Rules Committee
  1/8/2013HouseSession Sine Die

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