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91_HB4595
LRB9111704RCpc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 9-1.
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. Except as otherwise provided
23 in subsection (b-5), a defendant who at the time of the
24 commission of the offense has attained the age of 18 or more
25 and who has been found guilty of first degree murder may be
26 sentenced to death if:
27 (1) the murdered individual was a peace officer or
28 fireman killed in the course of performing his official
29 duties, to prevent the performance of his official
30 duties, or in retaliation for performing his official
31 duties, and the defendant knew or should have known that
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1 the murdered individual was a peace officer or fireman;
2 or
3 (2) the murdered individual was an employee of an
4 institution or facility of the Department of Corrections,
5 or any similar local correctional agency, killed in the
6 course of performing his official duties, to prevent the
7 performance of his official duties, or in retaliation for
8 performing his official duties, or the murdered
9 individual was an inmate at such institution or facility
10 and was killed on the grounds thereof, or the murdered
11 individual was otherwise present in such institution or
12 facility with the knowledge and approval of the chief
13 administrative officer thereof; or
14 (3) the defendant has been convicted of murdering
15 two or more individuals under subsection (a) of this
16 Section or under any law of the United States or of any
17 state which is substantially similar to subsection (a) of
18 this Section regardless of whether the deaths occurred
19 as the result of the same act or of several related or
20 unrelated acts so long as the deaths were the result of
21 either an intent to kill more than one person or of
22 separate acts which the defendant knew would cause death
23 or create a strong probability of death or great bodily
24 harm to the murdered individual or another; or
25 (4) the murdered individual was killed as a result
26 of the hijacking of an airplane, train, ship, bus or
27 other public conveyance; or
28 (5) the defendant committed the murder pursuant to
29 a contract, agreement or understanding by which he was to
30 receive money or anything of value in return for
31 committing the murder or procured another to commit the
32 murder for money or anything of value; or
33 (6) the murdered individual was killed in the
34 course of another felony if:
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1 (a) the murdered individual:
2 (i) was actually killed by the defendant,
3 or
4 (ii) received physical injuries
5 personally inflicted by the defendant
6 substantially contemporaneously with physical
7 injuries caused by one or more persons for
8 whose conduct the defendant is legally
9 accountable under Section 5-2 of this Code, and
10 the physical injuries inflicted by either the
11 defendant or the other person or persons for
12 whose conduct he is legally accountable caused
13 the death of the murdered individual; and
14 (b) in performing the acts which caused the
15 death of the murdered individual or which resulted
16 in physical injuries personally inflicted by the
17 defendant on the murdered individual under the
18 circumstances of subdivision (ii) of subparagraph
19 (a) of paragraph (6) of subsection (b) of this
20 Section, the defendant acted with the intent to kill
21 the murdered individual or with the knowledge that
22 his acts created a strong probability of death or
23 great bodily harm to the murdered individual or
24 another; and
25 (c) the other felony was one of the following:
26 armed robbery, armed violence, robbery, predatory
27 criminal sexual assault of a child, aggravated
28 criminal sexual assault, aggravated kidnapping,
29 aggravated vehicular hijacking, forcible detention,
30 arson, aggravated arson, aggravated stalking,
31 burglary, residential burglary, home invasion,
32 calculated criminal drug conspiracy as defined in
33 Section 405 of the Illinois Controlled Substances
34 Act, streetgang criminal drug conspiracy as defined
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1 in Section 405.2 of the Illinois Controlled
2 Substances Act, or the attempt to commit any of the
3 felonies listed in this subsection (c); or
4 (7) the murdered individual was under 12 years of
5 age and the death resulted from exceptionally brutal or
6 heinous behavior indicative of wanton cruelty; or
7 (8) the defendant committed the murder with intent
8 to prevent the murdered individual from testifying in any
9 criminal prosecution or giving material assistance to the
10 State in any investigation or prosecution, either against
11 the defendant or another; or the defendant committed the
12 murder because the murdered individual was a witness in
13 any prosecution or gave material assistance to the State
14 in any investigation or prosecution, either against the
15 defendant or another; or
16 (9) the defendant, while committing an offense
17 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
18 407 or 407.1 or subsection (b) of Section 404 of the
19 Illinois Controlled Substances Act, or while engaged in a
20 conspiracy or solicitation to commit such offense,
21 intentionally killed an individual or counseled,
22 commanded, induced, procured or caused the intentional
23 killing of the murdered individual; or
24 (10) the defendant was incarcerated in an
25 institution or facility of the Department of Corrections
26 at the time of the murder, and while committing an
27 offense punishable as a felony under Illinois law, or
28 while engaged in a conspiracy or solicitation to commit
29 such offense, intentionally killed an individual or
30 counseled, commanded, induced, procured or caused the
31 intentional killing of the murdered individual; or
32 (11) the murder was committed in a cold, calculated
33 and premeditated manner pursuant to a preconceived plan,
34 scheme or design to take a human life by unlawful means,
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1 and the conduct of the defendant created a reasonable
2 expectation that the death of a human being would result
3 therefrom; or
4 (12) the murdered individual was an emergency
5 medical technician - ambulance, emergency medical
6 technician - intermediate, emergency medical technician -
7 paramedic, ambulance driver, or other medical assistance
8 or first aid personnel, employed by a municipality or
9 other governmental unit, killed in the course of
10 performing his official duties, to prevent the
11 performance of his official duties, or in retaliation for
12 performing his official duties, and the defendant knew or
13 should have known that the murdered individual was an
14 emergency medical technician - ambulance, emergency
15 medical technician - intermediate, emergency medical
16 technician - paramedic, ambulance driver, or other
17 medical assistance or first aid personnel; or
18 (13) the defendant was a principal administrator,
19 organizer, or leader of a calculated criminal drug
20 conspiracy consisting of a hierarchical position of
21 authority superior to that of all other members of the
22 conspiracy, and the defendant counseled, commanded,
23 induced, procured, or caused the intentional killing of
24 the murdered person; or
25 (14) the murder was intentional and involved the
26 infliction of torture. For the purpose of this Section
27 torture means the infliction of or subjection to extreme
28 physical pain, motivated by an intent to increase or
29 prolong the pain, suffering or agony of the victim; or
30 (15) the murder was committed as a result of the
31 intentional discharge of a firearm by the defendant from
32 a motor vehicle and the victim was not present within the
33 motor vehicle; or
34 (16) the murdered individual was 60 years of age or
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1 older and the death resulted from exceptionally brutal or
2 heinous behavior indicative of wanton cruelty; or
3 (17) the murdered individual was a disabled person
4 and the defendant knew or should have known that the
5 murdered individual was disabled. For purposes of this
6 paragraph (17), "disabled person" means a person who
7 suffers from a permanent physical or mental impairment
8 resulting from disease, an injury, a functional disorder,
9 or a congenital condition that renders the person
10 incapable of adequately providing for his or her own
11 health or personal care; or
12 (18) the murder was committed by reason of any
13 person's activity as a community policing volunteer or to
14 prevent any person from engaging in activity as a
15 community policing volunteer; or
16 (19) the murdered individual was subject to an
17 order of protection and the murder was committed by a
18 person against whom the same order of protection was
19 issued under the Illinois Domestic Violence Act of 1986;
20 or
21 (20) the murdered individual was known by the
22 defendant to be a teacher or other person employed in any
23 school and the teacher or other employee is upon the
24 grounds of a school or grounds adjacent to a school, or
25 is in any part of a building used for school purposes.
26 (b-5) (1) No person shall be subject to or given a
27 sentence of death that was sought on the basis of race.
28 (2) A finding that race was the basis of the
29 decision to seek a death sentence may be established if
30 the court finds that race was a significant factor in
31 decisions to seek the sentence of death in the State at
32 the time the death sentence was sought.
33 (3) Evidence relevant to establish a finding that
34 race was the basis of the decision to seek a death
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1 sentence may include statistical evidence or other
2 evidence, or both, that death sentences were sought
3 significantly more frequently:
4 (i) Upon persons of one race than upon persons
5 of another race; or
6 (ii) As punishment for capital offenses
7 against persons of one race than as punishment for
8 capital offenses against persons of another race.
9 (4) The defendant shall state with particularity
10 how the evidence supports a claim that racial
11 considerations were a significant part in the decision to
12 seek a death sentence in his or her case. The claim
13 shall be raised by the defendant before trial. The court
14 shall schedule a hearing on the claim and shall prescribe
15 a time for the submission of evidence by both parties.
16 If the court finds that race was the basis of the
17 decision to seek the death sentence, the court shall
18 order that a death sentence may not be sought.
19 (5) The defendant has the burden of proving by
20 clear and convincing evidence that race was the basis of
21 the decision to seek the death penalty. The State may
22 offer evidence in rebuttal of the claims or evidence of
23 the defendant.
24 (c) Consideration of factors in Aggravation and
25 Mitigation.
26 The court shall consider, or shall instruct the jury to
27 consider any aggravating and any mitigating factors which are
28 relevant to the imposition of the death penalty. Aggravating
29 factors may include but need not be limited to those factors
30 set forth in subsection (b). Mitigating factors may include
31 but need not be limited to the following:
32 (1) the defendant has no significant history of
33 prior criminal activity;
34 (2) the murder was committed while the defendant
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1 was under the influence of extreme mental or emotional
2 disturbance, although not such as to constitute a defense
3 to prosecution;
4 (3) the murdered individual was a participant in
5 the defendant's homicidal conduct or consented to the
6 homicidal act;
7 (4) the defendant acted under the compulsion of
8 threat or menace of the imminent infliction of death or
9 great bodily harm;
10 (5) the defendant was not personally present during
11 commission of the act or acts causing death.
12 (d) Separate sentencing hearing.
13 Where requested by the State, the court shall conduct a
14 separate sentencing proceeding to determine the existence of
15 factors set forth in subsection (b) and to consider any
16 aggravating or mitigating factors as indicated in subsection
17 (c). The proceeding shall be conducted:
18 (1) before the jury that determined the defendant's
19 guilt; or
20 (2) before a jury impanelled for the purpose of the
21 proceeding if:
22 A. the defendant was convicted upon a plea of
23 guilty; or
24 B. the defendant was convicted after a trial
25 before the court sitting without a jury; or
26 C. the court for good cause shown discharges
27 the jury that determined the defendant's guilt; or
28 (3) before the court alone if the defendant waives
29 a jury for the separate proceeding.
30 (e) Evidence and Argument.
31 During the proceeding any information relevant to any of
32 the factors set forth in subsection (b) may be presented by
33 either the State or the defendant under the rules governing
34 the admission of evidence at criminal trials. Any
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1 information relevant to any additional aggravating factors or
2 any mitigating factors indicated in subsection (c) may be
3 presented by the State or defendant regardless of its
4 admissibility under the rules governing the admission of
5 evidence at criminal trials. The State and the defendant
6 shall be given fair opportunity to rebut any information
7 received at the hearing.
8 (f) Proof.
9 The burden of proof of establishing the existence of any
10 of the factors set forth in subsection (b) is on the State
11 and shall not be satisfied unless established beyond a
12 reasonable doubt.
13 (g) Procedure - Jury.
14 If at the separate sentencing proceeding the jury finds
15 that none of the factors set forth in subsection (b) exists,
16 the court shall sentence the defendant to a term of
17 imprisonment under Chapter V of the Unified Code of
18 Corrections. If there is a unanimous finding by the jury
19 that one or more of the factors set forth in subsection (b)
20 exist, the jury shall consider aggravating and mitigating
21 factors as instructed by the court and shall determine
22 whether the sentence of death shall be imposed. If the jury
23 determines unanimously that there are no mitigating factors
24 sufficient to preclude the imposition of the death sentence,
25 the court shall sentence the defendant to death.
26 Unless the jury unanimously finds that there are no
27 mitigating factors sufficient to preclude the imposition of
28 the death sentence the court shall sentence the defendant to
29 a term of imprisonment under Chapter V of the Unified Code of
30 Corrections.
31 (h) Procedure - No Jury.
32 In a proceeding before the court alone, if the court
33 finds that none of the factors found in subsection (b)
34 exists, the court shall sentence the defendant to a term of
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1 imprisonment under Chapter V of the Unified Code of
2 Corrections.
3 If the Court determines that one or more of the factors
4 set forth in subsection (b) exists, the Court shall consider
5 any aggravating and mitigating factors as indicated in
6 subsection (c). If the Court determines that there are no
7 mitigating factors sufficient to preclude the imposition of
8 the death sentence, the Court shall sentence the defendant to
9 death.
10 Unless the court finds that there are no mitigating
11 factors sufficient to preclude the imposition of the sentence
12 of death, the court shall sentence the defendant to a term of
13 imprisonment under Chapter V of the Unified Code of
14 Corrections.
15 (i) Appellate Procedure.
16 The conviction and sentence of death shall be subject to
17 automatic review by the Supreme Court. Such review shall be
18 in accordance with rules promulgated by the Supreme Court.
19 (j) Disposition of reversed death sentence.
20 In the event that the death penalty in this Act is held
21 to be unconstitutional by the Supreme Court of the United
22 States or of the State of Illinois, any person convicted of
23 first degree murder shall be sentenced by the court to a term
24 of imprisonment under Chapter V of the Unified Code of
25 Corrections.
26 In the event that any death sentence pursuant to the
27 sentencing provisions of this Section is declared
28 unconstitutional by the Supreme Court of the United States or
29 of the State of Illinois, the court having jurisdiction over
30 a person previously sentenced to death shall cause the
31 defendant to be brought before the court, and the court shall
32 sentence the defendant to a term of imprisonment under
33 Chapter V of the Unified Code of Corrections.
34 (Source: P.A. 90-213, eff. 1-1-98; 90-651, eff. 1-1-99;
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1 90-668, eff. 1-1-99; 91-357, eff. 7-29-99; 91-434, eff.
2 1-1-00.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.