Illinois General Assembly - Full Text of HB1615
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Full Text of HB1615  101st General Assembly

HB1615 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1615

 

Introduced , by Rep. Justin Slaughter

 

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 a person who kills an individual without lawful justification commits first degree murder if he or she 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. Provides that a person who kills an individual without lawful justification commits first degree murder if he or she, 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. Makes technical changes.


LRB101 07790 SLF 52841 b

 

 

A BILL FOR

 

HB1615LRB101 07790 SLF 52841 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    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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1that none of the factors found in subsection (b) exists, the
2court shall sentence the defendant to a term of imprisonment
3under Chapter V of the Unified Code of Corrections.
4    If the Court determines that one or more of the factors set
5forth in subsection (b) exists, the Court shall consider any
6aggravating and mitigating factors as indicated in subsection
7(c). If the Court determines, after weighing the factors in
8aggravation and mitigation, that death is the appropriate
9sentence, the Court shall sentence the defendant to death.
10    If the court finds that death is not the appropriate
11sentence, the court shall sentence the defendant to a term of
12imprisonment under Chapter V of the Unified Code of
13Corrections.
14    (h-5) Decertification as a capital case.
15    In a case in which the defendant has been found guilty of
16first degree murder by a judge or jury, or a case on remand for
17resentencing, and the State seeks the death penalty as an
18appropriate sentence, on the court's own motion or the written
19motion of the defendant, the court may decertify the case as a
20death penalty case if the court finds that the only evidence
21supporting the defendant's conviction is the uncorroborated
22testimony of an informant witness, as defined in Section 115-21
23of the Code of Criminal Procedure of 1963, concerning the
24confession or admission of the defendant or that the sole
25evidence against the defendant is a single eyewitness or single
26accomplice without any other corroborating evidence. If the

 

 

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1court decertifies the case as a capital case under either of
2the grounds set forth above, the court shall issue a written
3finding. The State may pursue its right to appeal the
4decertification pursuant to Supreme Court Rule 604(a)(1). If
5the court does not decertify the case as a capital case, the
6matter shall proceed to the eligibility phase of the sentencing
7hearing.
8    (i) Appellate Procedure.
9    The conviction and sentence of death shall be subject to
10automatic review by the Supreme Court. Such review shall be in
11accordance with rules promulgated by the Supreme Court. The
12Illinois Supreme Court may overturn the death sentence, and
13order the imposition of imprisonment under Chapter V of the
14Unified Code of Corrections if the court finds that the death
15sentence is fundamentally unjust as applied to the particular
16case. If the Illinois Supreme Court finds that the death
17sentence is fundamentally unjust as applied to the particular
18case, independent of any procedural grounds for relief, the
19Illinois Supreme Court shall issue a written opinion explaining
20this finding.
21    (j) Disposition of reversed death sentence.
22    In the event that the death penalty in this Act is held to
23be unconstitutional by the Supreme Court of the United States
24or of the State of Illinois, any person convicted of first
25degree murder shall be sentenced by the court to a term of
26imprisonment under Chapter V of the Unified Code of

 

 

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1Corrections.
2    In the event that any death sentence pursuant to the
3sentencing provisions of this Section is declared
4unconstitutional by the Supreme Court of the United States or
5of the State of Illinois, the court having jurisdiction over a
6person previously sentenced to death shall cause the defendant
7to be brought before the court, and the court shall sentence
8the defendant to a term of imprisonment under Chapter V of the
9Unified Code of Corrections.
10    (k) Guidelines for seeking the death penalty.
11    The Attorney General and State's Attorneys Association
12shall consult on voluntary guidelines for procedures governing
13whether or not to seek the death penalty. The guidelines do not
14have the force of law and are only advisory in nature.
15(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18;
16100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)