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92_SB1159 LRB9207914REks 1 AN ACT concerning factors in aggravation and mitigation 2 in capital cases. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 9-1 as follows: 7 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) 8 Sec. 9-1. First degree Murder - Death penalties - 9 Exceptions - Separate Hearings - Proof - Findings - Appellate 10 procedures - Reversals. 11 (a) A person who kills an individual without lawful 12 justification commits first degree murder if, in performing 13 the acts which cause the death: 14 (1) he either intends to kill or do great bodily 15 harm to that individual or another, or knows that such 16 acts will cause death to that individual or another; or 17 (2) he knows that such acts create a strong 18 probability of death or great bodily harm to that 19 individual or another; or 20 (3) he is attempting or committing a forcible 21 felony other than second degree murder. 22 (b) Aggravating Factors. A defendant who at the time of 23 the commission of the offense has attained the age of 18 or 24 more and who has been found guilty of first degree murder may 25 be sentenced to death if: 26 (1) the murdered individual was a peace officer or 27 fireman killed in the course of performing his official 28 duties, to prevent the performance of his official 29 duties, or in retaliation for performing his official 30 duties, and the defendant knew or should have known that 31 the murdered individual was a peace officer or fireman; -2- LRB9207914REks 1 or 2 (2) the murdered individual was an employee of an 3 institution or facility of the Department of Corrections, 4 or any similar local correctional agency, killed in the 5 course of performing his official duties, to prevent the 6 performance of his official duties, or in retaliation for 7 performing his official duties, or the murdered 8 individual was an inmate at such institution or facility 9 and was killed on the grounds thereof, or the murdered 10 individual was otherwise present in such institution or 11 facility with the knowledge and approval of the chief 12 administrative officer thereof; or 13 (3) the defendant has been convicted of murdering 14 two or more individuals under subsection (a) of this 15 Section or under any law of the United States or of any 16 state which is substantially similar to subsection (a) of 17 this Section regardless of whether the deaths occurred 18 as the result of the same act or of several related or 19 unrelated acts so long as the deaths were the result of 20 either an intent to kill more than one person or of 21 separate acts which the defendant knew would cause death 22 or create a strong probability of death or great bodily 23 harm to the murdered individual or another; or 24 (4) the murdered individual was killed as a result 25 of the hijacking of an airplane, train, ship, bus or 26 other public conveyance; or 27 (5) the defendant committed the murder pursuant to 28 a contract, agreement or understanding by which he was to 29 receive money or anything of value in return for 30 committing the murder or procured another to commit the 31 murder for money or anything of value; or 32 (6) the murdered individual was killed in the 33 course of another felony if: 34 (a) the murdered individual: -3- LRB9207914REks 1 (i) was actually killed by the defendant, 2 or 3 (ii) received physical injuries 4 personally inflicted by the defendant 5 substantially contemporaneously with physical 6 injuries caused by one or more persons for 7 whose conduct the defendant is legally 8 accountable under Section 5-2 of this Code, and 9 the physical injuries inflicted by either the 10 defendant or the other person or persons for 11 whose conduct he is legally accountable caused 12 the death of the murdered individual; and 13 (b) in performing the acts which caused the 14 death of the murdered individual or which resulted 15 in physical injuries personally inflicted by the 16 defendant on the murdered individual under the 17 circumstances of subdivision (ii) of subparagraph 18 (a) of paragraph (6) of subsection (b) of this 19 Section, the defendant acted with the intent to kill 20 the murdered individual or with the knowledge that 21 his acts created a strong probability of death or 22 great bodily harm to the murdered individual or 23 another; and 24 (c) the other felony was one of the following: 25 armed robbery, armed violence, robbery, predatory 26 criminal sexual assault of a child, aggravated 27 criminal sexual assault, aggravated kidnapping, 28 aggravated vehicular hijacking, forcible detention, 29 arson, aggravated arson, aggravated stalking, 30 burglary, residential burglary, home invasion, 31 calculated criminal drug conspiracy as defined in 32 Section 405 of the Illinois Controlled Substances 33 Act, streetgang criminal drug conspiracy as defined 34 in Section 405.2 of the Illinois Controlled -4- LRB9207914REks 1 Substances Act, or the attempt to commit any of the 2 felonies listed in this subsection (c); or 3 (7) the murdered individual was under 12 years of 4 age and the death resulted from exceptionally brutal or 5 heinous behavior indicative of wanton cruelty; or 6 (8) the defendant committed the murder with intent 7 to prevent the murdered individual from testifying in any 8 criminal prosecution or giving material assistance to the 9 State in any investigation or prosecution, either against 10 the defendant or another; or the defendant committed the 11 murder because the murdered individual was a witness in 12 any prosecution or gave material assistance to the State 13 in any investigation or prosecution, either against the 14 defendant or another; or 15 (9) the defendant, while committing an offense 16 punishable under Sections 401, 401.1, 401.2, 405, 405.2, 17 407 or 407.1 or subsection (b) of Section 404 of the 18 Illinois Controlled Substances Act, or while engaged in a 19 conspiracy or solicitation to commit such offense, 20 intentionally killed an individual or counseled, 21 commanded, induced, procured or caused the intentional 22 killing of the murdered individual; or 23 (10) the defendant was incarcerated in an 24 institution or facility of the Department of Corrections 25 at the time of the murder, and while committing an 26 offense punishable as a felony under Illinois law, or 27 while engaged in a conspiracy or solicitation to commit 28 such offense, intentionally killed an individual or 29 counseled, commanded, induced, procured or caused the 30 intentional killing of the murdered individual; or 31 (11) the murder was committed in a cold, calculated 32 and premeditated manner pursuant to a preconceived plan, 33 scheme or design to take a human life by unlawful means, 34 and the conduct of the defendant created a reasonable -5- LRB9207914REks 1 expectation that the death of a human being would result 2 therefrom; or 3 (12) the murdered individual was an emergency 4 medical technician - ambulance, emergency medical 5 technician - intermediate, emergency medical technician - 6 paramedic, ambulance driver, or other medical assistance 7 or first aid personnel, employed by a municipality or 8 other governmental unit, killed in the course of 9 performing his official duties, to prevent the 10 performance of his official duties, or in retaliation for 11 performing his official duties, and the defendant knew or 12 should have known that the murdered individual was an 13 emergency medical technician - ambulance, emergency 14 medical technician - intermediate, emergency medical 15 technician - paramedic, ambulance driver, or other 16 medical assistance or first aid personnel; or 17 (13) the defendant was a principal administrator, 18 organizer, or leader of a calculated criminal drug 19 conspiracy consisting of a hierarchical position of 20 authority superior to that of all other members of the 21 conspiracy, and the defendant counseled, commanded, 22 induced, procured, or caused the intentional killing of 23 the murdered person; or 24 (14) the murder was intentional and involved the 25 infliction of torture. For the purpose of this Section 26 torture means the infliction of or subjection to extreme 27 physical pain, motivated by an intent to increase or 28 prolong the pain, suffering or agony of the victim; or 29 (15) the murder was committed as a result of the 30 intentional discharge of a firearm by the defendant from 31 a motor vehicle and the victim was not present within the 32 motor vehicle; or 33 (16) the murdered individual was 60 years of age or 34 older and the death resulted from exceptionally brutal or -6- LRB9207914REks 1 heinous behavior indicative of wanton cruelty; or 2 (17) the murdered individual was a disabled person 3 and the defendant knew or should have known that the 4 murdered individual was disabled. For purposes of this 5 paragraph (17), "disabled person" means a person who 6 suffers from a permanent physical or mental impairment 7 resulting from disease, an injury, a functional disorder, 8 or a congenital condition that renders the person 9 incapable of adequately providing for his or her own 10 health or personal care; or 11 (18) the murder was committed by reason of any 12 person's activity as a community policing volunteer or to 13 prevent any person from engaging in activity as a 14 community policing volunteer; or 15 (19) the murdered individual was subject to an 16 order of protection and the murder was committed by a 17 person against whom the same order of protection was 18 issued under the Illinois Domestic Violence Act of 1986; 19 or 20 (20) the murdered individual was known by the 21 defendant to be a teacher or other person employed in any 22 school and the teacher or other employee is upon the 23 grounds of a school or grounds adjacent to a school, or 24 is in any part of a building used for school purposes. 25 (c) Consideration of factors in Aggravation and 26 Mitigation. 27 The court shall consider, or shall instruct the jury to 28 consider any aggravating and any mitigating factors which are 29 relevant to the imposition of the death penalty. Aggravating 30 factors may include but need not be limited to those factors 31 set forth in subsection (b). Mitigating factors may include 32 but need not be limited to the following: 33 (1) the defendant has no significant history of 34 prior criminal activity; -7- LRB9207914REks 1 (2) the murder was committed while the defendant 2 was under the influence of extreme mental or emotional 3 disturbance, although not such as to constitute a defense 4 to prosecution; 5 (3) the murdered individual was a participant in 6 the defendant's homicidal conduct or consented to the 7 homicidal act; 8 (4) the defendant acted under the compulsion of 9 threat or menace of the imminent infliction of death or 10 great bodily harm; 11 (5) the defendant was not personally present during 12 commission of the act or acts causing death. 13 (d) Separate sentencing hearing. 14 Where requested by the State, the court shall conduct a 15 separate sentencing proceeding to determine the existence of 16 factors set forth in subsection (b) and to consider any 17 aggravating or mitigating factors as indicated in subsection 18 (c). The proceeding shall be conducted: 19 (1) before the jury that determined the defendant's 20 guilt; or 21 (2) before a jury impanelled for the purpose of the 22 proceeding if: 23 A. the defendant was convicted upon a plea of 24 guilty; or 25 B. the defendant was convicted after a trial 26 before the court sitting without a jury; or 27 C. the court for good cause shown discharges 28 the jury that determined the defendant's guilt; or 29 (3) before the court alone if the defendant waives 30 a jury for the separate proceeding. 31 (e) Evidence and Argument. 32 During the proceeding any information relevant to any of 33 the factors set forth in subsection (b) may be presented by 34 either the State or the defendant under the rules governing -8- LRB9207914REks 1 the admission of evidence at criminal trials. Any 2 information relevant to any additional aggravating factors or 3 any mitigating factors indicated in subsection (c) may be 4 presented by the State or defendant regardless of its 5 admissibility under the rules governing the admission of 6 evidence at criminal trials. The State and the defendant 7 shall be given fair opportunity to rebut any information 8 received at the hearing. 9 (f) Proof. 10 The burden of proof of establishing the existence of any 11 of the factors set forth in subsection (b) is on the State 12 and shall not be satisfied unless established beyond a 13 reasonable doubt. 14 (g) Procedure - Jury. 15 If at the separate sentencing proceeding the jury finds 16 that none of the factors set forth in subsection (b) exists, 17 the court shall sentence the defendant to a term of 18 imprisonment under Chapter V of the Unified Code of 19 Corrections. If there is a unanimous finding by the jury 20 that one or more of the factors set forth in subsection (b) 21 exist, the jury shall consider aggravating and mitigating 22 factors as instructed by the court and shall determine 23 whether the sentence of death shall be imposed. If the jury 24 determines unanimously, after weighing the factors in 25 aggravation and mitigation, that death is the appropriate 26 sentence
that there are no mitigating factors sufficient to27 preclude the imposition of the death sentence, the court 28 shall sentence the defendant to death. 29 Unless the jury unanimously finds, after weighing the 30 factors in aggravation and mitigation, that death is the 31 appropriate sentence, that there are no mitigating factors32 sufficient to preclude the imposition of the death sentence33 the court shall sentence the defendant to a term of 34 imprisonment under Chapter V of the Unified Code of -9- LRB9207914REks 1 Corrections. 2 (h) Procedure - No Jury. 3 In a proceeding before the court alone, if the court 4 finds that none of the factors found in subsection (b) 5 exists, the court shall sentence the defendant to a term of 6 imprisonment under Chapter V of the Unified Code of 7 Corrections. 8 If the Court determines that one or more of the factors 9 set forth in subsection (b) exists, the Court shall consider 10 any aggravating and mitigating factors as indicated in 11 subsection (c). If the Court determines, after weighing the 12 factors in aggravation and mitigation, that death is the 13 appropriate sentence that there are no mitigating factors14 sufficient to preclude the imposition of the death sentence, 15 the Court shall sentence the defendant to death. 16 Unless the court finds, after weighing the factors in 17 aggravation and mitigation that death is the appropriate 18 sentence that there are no mitigating factors sufficient to19 preclude the imposition of the sentence of death, the court 20 shall sentence the defendant to a term of imprisonment under 21 Chapter V of the Unified Code of Corrections. 22 (i) Appellate Procedure. 23 The conviction and sentence of death shall be subject to 24 automatic review by the Supreme Court. Such review shall be 25 in accordance with rules promulgated by the Supreme Court. 26 (j) Disposition of reversed death sentence. 27 In the event that the death penalty in this Act is held 28 to be unconstitutional by the Supreme Court of the United 29 States or of the State of Illinois, any person convicted of 30 first degree murder shall be sentenced by the court to a term 31 of imprisonment under Chapter V of the Unified Code of 32 Corrections. 33 In the event that any death sentence pursuant to the 34 sentencing provisions of this Section is declared -10- LRB9207914REks 1 unconstitutional by the Supreme Court of the United States or 2 of the State of Illinois, the court having jurisdiction over 3 a person previously sentenced to death shall cause the 4 defendant to be brought before the court, and the court shall 5 sentence the defendant to a term of imprisonment under 6 Chapter V of the Unified Code of Corrections. 7 (Source: P.A. 90-213, eff. 1-1-98; 90-651, eff. 1-1-99; 8 90-668, eff. 1-1-99; 91-357, eff. 7-29-99; 91-434, eff. 9 1-1-00.) 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.
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