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91_HB0735
LRB9100422RCpc
1 AN ACT concerning the death penalty, which may be
2 referred to as the Illinois Death Penalty Moritorium
3 Amendment of 1999.
4 WHEREAS, It is morally incumbent for the State of
5 Illinois to prevent the mistaken execution of any innocent
6 prisoner in the State; and
7 WHEREAS, Facts have emerged that some Illinois prisoners
8 have been wrongfully sentenced to death; therefore
9 Be it enacted by the People of the State of Illinois,
10 represented in the General Assembly:
11 Section 5. The Criminal Code of 1961 is amended by
12 changing Section 9-1 as follows:
13 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
14 Sec. 9-1. First degree Murder - Death penalties -
15 Exceptions - Separate Hearings - Proof - Findings - Appellate
16 procedures - Reversals.
17 (a) A person who kills an individual without lawful
18 justification commits first degree murder if, in performing
19 the acts which cause the death:
20 (1) he either intends to kill or do great bodily
21 harm to that individual or another, or knows that such
22 acts will cause death to that individual or another; or
23 (2) he knows that such acts create a strong
24 probability of death or great bodily harm to that
25 individual or another; or
26 (3) he is attempting or committing a forcible
27 felony other than second degree murder.
28 (b) Aggravating Factors. A defendant who at the time of
29 the commission of the offense has attained the age of 18 or
30 more and who has been found guilty of first degree murder may
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1 be sentenced to death if:
2 (1) the murdered individual was a peace officer or
3 fireman killed in the course of performing his official
4 duties, to prevent the performance of his official
5 duties, or in retaliation for performing his official
6 duties, and the defendant knew or should have known that
7 the murdered individual was a peace officer or fireman;
8 or
9 (2) the murdered individual was an employee of an
10 institution or facility of the Department of Corrections,
11 or any similar local correctional agency, killed in the
12 course of performing his official duties, to prevent the
13 performance of his official duties, or in retaliation for
14 performing his official duties, or the murdered
15 individual was an inmate at such institution or facility
16 and was killed on the grounds thereof, or the murdered
17 individual was otherwise present in such institution or
18 facility with the knowledge and approval of the chief
19 administrative officer thereof; or
20 (3) the defendant has been convicted of murdering
21 two or more individuals under subsection (a) of this
22 Section or under any law of the United States or of any
23 state which is substantially similar to subsection (a) of
24 this Section regardless of whether the deaths occurred
25 as the result of the same act or of several related or
26 unrelated acts so long as the deaths were the result of
27 either an intent to kill more than one person or of
28 separate acts which the defendant knew would cause death
29 or create a strong probability of death or great bodily
30 harm to the murdered individual or another; or
31 (4) the murdered individual was killed as a result
32 of the hijacking of an airplane, train, ship, bus or
33 other public conveyance; or
34 (5) the defendant committed the murder pursuant to
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1 a contract, agreement or understanding by which he was to
2 receive money or anything of value in return for
3 committing the murder or procured another to commit the
4 murder for money or anything of value; or
5 (6) the murdered individual was killed in the
6 course of another felony if:
7 (a) the murdered individual:
8 (i) was actually killed by the defendant,
9 or
10 (ii) received physical injuries
11 personally inflicted by the defendant
12 substantially contemporaneously with physical
13 injuries caused by one or more persons for
14 whose conduct the defendant is legally
15 accountable under Section 5-2 of this Code, and
16 the physical injuries inflicted by either the
17 defendant or the other person or persons for
18 whose conduct he is legally accountable caused
19 the death of the murdered individual; and
20 (b) in performing the acts which caused the
21 death of the murdered individual or which resulted
22 in physical injuries personally inflicted by the
23 defendant on the murdered individual under the
24 circumstances of subdivision (ii) of subparagraph
25 (a) of paragraph (6) of subsection (b) of this
26 Section, the defendant acted with the intent to kill
27 the murdered individual or with the knowledge that
28 his acts created a strong probability of death or
29 great bodily harm to the murdered individual or
30 another; and
31 (c) the other felony was one of the following:
32 armed robbery, armed violence, robbery, predatory
33 criminal sexual assault of a child, aggravated
34 criminal sexual assault, aggravated kidnapping,
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1 aggravated vehicular hijacking, forcible detention,
2 arson, aggravated arson, aggravated stalking,
3 burglary, residential burglary, home invasion,
4 calculated criminal drug conspiracy as defined in
5 Section 405 of the Illinois Controlled Substances
6 Act, streetgang criminal drug conspiracy as defined
7 in Section 405.2 of the Illinois Controlled
8 Substances Act, or the attempt to commit any of the
9 felonies listed in this subsection (c); or
10 (7) the murdered individual was under 12 years of
11 age and the death resulted from exceptionally brutal or
12 heinous behavior indicative of wanton cruelty; or
13 (8) the defendant committed the murder with intent
14 to prevent the murdered individual from testifying in any
15 criminal prosecution or giving material assistance to the
16 State in any investigation or prosecution, either against
17 the defendant or another; or the defendant committed the
18 murder because the murdered individual was a witness in
19 any prosecution or gave material assistance to the State
20 in any investigation or prosecution, either against the
21 defendant or another; or
22 (9) the defendant, while committing an offense
23 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
24 407 or 407.1 or subsection (b) of Section 404 of the
25 Illinois Controlled Substances Act, or while engaged in a
26 conspiracy or solicitation to commit such offense,
27 intentionally killed an individual or counseled,
28 commanded, induced, procured or caused the intentional
29 killing of the murdered individual; or
30 (10) the defendant was incarcerated in an
31 institution or facility of the Department of Corrections
32 at the time of the murder, and while committing an
33 offense punishable as a felony under Illinois law, or
34 while engaged in a conspiracy or solicitation to commit
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1 such offense, intentionally killed an individual or
2 counseled, commanded, induced, procured or caused the
3 intentional killing of the murdered individual; or
4 (11) the murder was committed in a cold, calculated
5 and premeditated manner pursuant to a preconceived plan,
6 scheme or design to take a human life by unlawful means,
7 and the conduct of the defendant created a reasonable
8 expectation that the death of a human being would result
9 therefrom; or
10 (12) the murdered individual was an emergency
11 medical technician - ambulance, emergency medical
12 technician - intermediate, emergency medical technician -
13 paramedic, ambulance driver, or other medical assistance
14 or first aid personnel, employed by a municipality or
15 other governmental unit, killed in the course of
16 performing his official duties, to prevent the
17 performance of his official duties, or in retaliation for
18 performing his official duties, and the defendant knew or
19 should have known that the murdered individual was an
20 emergency medical technician - ambulance, emergency
21 medical technician - intermediate, emergency medical
22 technician - paramedic, ambulance driver, or other
23 medical assistance or first aid personnel; or
24 (13) the defendant was a principal administrator,
25 organizer, or leader of a calculated criminal drug
26 conspiracy consisting of a hierarchical position of
27 authority superior to that of all other members of the
28 conspiracy, and the defendant counseled, commanded,
29 induced, procured, or caused the intentional killing of
30 the murdered person; or
31 (14) the murder was intentional and involved the
32 infliction of torture. For the purpose of this Section
33 torture means the infliction of or subjection to extreme
34 physical pain, motivated by an intent to increase or
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1 prolong the pain, suffering or agony of the victim; or
2 (15) the murder was committed as a result of the
3 intentional discharge of a firearm by the defendant from
4 a motor vehicle and the victim was not present within the
5 motor vehicle; or
6 (16) the murdered individual was 60 years of age or
7 older and the death resulted from exceptionally brutal or
8 heinous behavior indicative of wanton cruelty; or
9 (17) the murdered individual was a disabled person
10 and the defendant knew or should have known that the
11 murdered individual was disabled. For purposes of this
12 paragraph (17), "disabled person" means a person who
13 suffers from a permanent physical or mental impairment
14 resulting from disease, an injury, a functional disorder,
15 or a congenital condition that renders the person
16 incapable of adequately providing for his or her own
17 health or personal care; or
18 (18) the murder was committed by reason of any
19 person's activity as a community policing volunteer or to
20 prevent any person from engaging in activity as a
21 community policing volunteer; or .
22 (19) (18) the murdered individual was subject to an
23 order of protection and the murder was committed by a
24 person against whom the same order of protection was
25 issued under the Illinois Domestic Violence Act of 1986.
26 (c) Consideration of factors in Aggravation and
27 Mitigation.
28 The court shall consider, or shall instruct the jury to
29 consider any aggravating and any mitigating factors which are
30 relevant to the imposition of the death penalty. Aggravating
31 factors may include but need not be limited to those factors
32 set forth in subsection (b). Mitigating factors may include
33 but need not be limited to the following:
34 (1) the defendant has no significant history of
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1 prior criminal activity;
2 (2) the murder was committed while the defendant
3 was under the influence of extreme mental or emotional
4 disturbance, although not such as to constitute a defense
5 to prosecution;
6 (3) the murdered individual was a participant in
7 the defendant's homicidal conduct or consented to the
8 homicidal act;
9 (4) the defendant acted under the compulsion of
10 threat or menace of the imminent infliction of death or
11 great bodily harm;
12 (5) the defendant was not personally present during
13 commission of the act or acts causing death.
14 (d) Separate sentencing hearing.
15 Where requested by the State, the court shall conduct a
16 separate sentencing proceeding to determine the existence of
17 factors set forth in subsection (b) and to consider any
18 aggravating or mitigating factors as indicated in subsection
19 (c). The proceeding shall be conducted:
20 (1) before the jury that determined the defendant's
21 guilt; or
22 (2) before a jury impanelled for the purpose of the
23 proceeding if:
24 A. the defendant was convicted upon a plea of
25 guilty; or
26 B. the defendant was convicted after a trial
27 before the court sitting without a jury; or
28 C. the court for good cause shown discharges
29 the jury that determined the defendant's guilt; or
30 (3) before the court alone if the defendant waives
31 a jury for the separate proceeding.
32 (e) Evidence and Argument.
33 During the proceeding any information relevant to any of
34 the factors set forth in subsection (b) may be presented by
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1 either the State or the defendant under the rules governing
2 the admission of evidence at criminal trials. Any
3 information relevant to any additional aggravating factors or
4 any mitigating factors indicated in subsection (c) may be
5 presented by the State or defendant regardless of its
6 admissibility under the rules governing the admission of
7 evidence at criminal trials. The State and the defendant
8 shall be given fair opportunity to rebut any information
9 received at the hearing.
10 (f) Proof.
11 The burden of proof of establishing the existence of any
12 of the factors set forth in subsection (b) is on the State
13 and shall not be satisfied unless established beyond a
14 reasonable doubt.
15 (g) Procedure - Jury.
16 If at the separate sentencing proceeding the jury finds
17 that none of the factors set forth in subsection (b) exists,
18 the court shall sentence the defendant to a term of
19 imprisonment under Chapter V of the Unified Code of
20 Corrections. If there is a unanimous finding by the jury
21 that one or more of the factors set forth in subsection (b)
22 exist, the jury shall consider aggravating and mitigating
23 factors as instructed by the court and shall determine
24 whether the sentence of death shall be imposed. If the jury
25 determines unanimously that there are no mitigating factors
26 sufficient to preclude the imposition of the death sentence,
27 the court shall sentence the defendant to death.
28 Unless the jury unanimously finds that there are no
29 mitigating factors sufficient to preclude the imposition of
30 the death sentence the court shall sentence the defendant to
31 a term of imprisonment under Chapter V of the Unified Code of
32 Corrections.
33 (h) Procedure - No Jury.
34 In a proceeding before the court alone, if the court
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1 finds that none of the factors found in subsection (b)
2 exists, the court shall sentence the defendant to a term of
3 imprisonment under Chapter V of the Unified Code of
4 Corrections.
5 If the Court determines that one or more of the factors
6 set forth in subsection (b) exists, the Court shall consider
7 any aggravating and mitigating factors as indicated in
8 subsection (c). If the Court determines that there are no
9 mitigating factors sufficient to preclude the imposition of
10 the death sentence, the Court shall sentence the defendant to
11 death.
12 Unless the court finds that there are no mitigating
13 factors sufficient to preclude the imposition of the sentence
14 of death, the court shall sentence the defendant to a term of
15 imprisonment under Chapter V of the Unified Code of
16 Corrections.
17 (i) Appellate Procedure.
18 The conviction and sentence of death shall be subject to
19 automatic review by the Supreme Court. Such review shall be
20 in accordance with rules promulgated by the Supreme Court.
21 (j) Disposition of reversed death sentence.
22 In the event that the death penalty in this Act is held
23 to be unconstitutional by the Supreme Court of the United
24 States or of the State of Illinois, any person convicted of
25 first degree murder shall be sentenced by the court to a term
26 of imprisonment under Chapter V of the Unified Code of
27 Corrections.
28 In the event that any death sentence pursuant to the
29 sentencing provisions of this Section is declared
30 unconstitutional by the Supreme Court of the United States or
31 of the State of Illinois, the court having jurisdiction over
32 a person previously sentenced to death shall cause the
33 defendant to be brought before the court, and the court shall
34 sentence the defendant to a term of imprisonment under
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1 Chapter V of the Unified Code of Corrections.
2 (k) Temporary suspension of death penalty.
3 No execution of a defendant may take place for 6 months
4 from the effective date of this amendatory Act of 1999.
5 A commission on the death penalty is created to study the
6 law that provides for the death penalty and the
7 administration of the death penalty. The commission shall
8 make recommendations for amendments to the death penalty law
9 to provide assurances that defendants who are sentenced to
10 death are in fact guilty of first degree murder. The
11 commission shall report to the General Assembly within 4
12 months from the effective date of this amendatory Act of
13 1999.
14 The commission shall consist of 8 members as follows: 2
15 members appointed by the Speaker of the House of
16 Representatives, 2 members appointed by the Minority Leader
17 of the House of Representatives, 2 members appointed by the
18 President of the Senate, and 2 members appointed by the
19 Minority Leader of the Senate.
20 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
21 89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
22 1-1-98; 90-651, eff. 1-1-99; 90-668, eff. 1-1-99; revised
23 9-16-98.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.