House Sponsors: BROSNAHAN-CURRIE. Short description: CRIM CD-DEATH PENALTY-RETARDED Synopsis of Bill as introduced: Amends the Criminal Code of 1961 relating to the imposition of the death penalty for first degree murder. Prohibits the imposition of the death penalty upon a mentally retarded person. Provides that the issue of the defendant's mental retardation may be raised by the defense, the State, or the court at any appropriate time before a plea is entered or before or after trial. Provides that the court shall hold a hearing upon a motion that the death penalty be precluded because the convicted person is mentally retarded. Provides that if the court finds, by a preponderance of the evidence, that the defendant is mentally retarded, the death sentence may not be imposed. Effective immediately. JUDICIAL NOTE (Office of Illinois Courts) HB 5788 would increase judicial workloads, however, the bill would not increase the number of judges in the State. Last action on Bill: SESSION SINE DIE Last action date: JAN-07-2003 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 0 END OF INQUIRY Full Text Bill Status