093_HB3369
LRB093 09636 RLC 09874 b
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5 adding Section 5-2-7 as follows:
6 (730 ILCS 5/5-2-7 new)
7 Sec. 5-2-7. Fitness to be executed.
8 (a) A person is unfit to be executed if the person is
9 mentally retarded. For the purposes of this Section,
10 "mentally retarded" means:
11 (1) having significantly sub-average general
12 intellectual functioning as evidenced by a functional
13 intelligence quotient (I.Q.) of 70 or below; and
14 (2) having deficits in adaptive behavior.
15 The mental retardation must have been manifested during
16 the developmental period, or by 18 years of age.
17 (b) The question of fitness to be executed may be raised
18 after pronouncement of the death sentence. The procedure for
19 raising and deciding the question shall be the same as that
20 provided for raising and deciding the question of fitness to
21 stand trial subject to the following specific provisions:
22 (1) the question shall be raised by motion filed in
23 the sentencing court;
24 (2) the question shall be decided by the court;
25 (3) the burden of proving that the offender is
26 unfit to be executed is on the offender;
27 (4) if the offender is found to be mentally
28 retarded, the court must resentence the offender to
29 natural life imprisonment under Chapter V of the Unified
30 Code of Corrections.