Public Act 93-0379

SB277 Enrolled                       LRB093 03714 AMC 03744 b

    AN ACT concerning executions.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.  The Medical Practice Act of 1987 is amended
by changing Section 4 as follows:

    (225 ILCS 60/4) (from Ch. 111, par. 4400-4)
    Sec. 4.  Exemptions.
    (a)  This Act does not apply to the following:
         (1)  persons lawfully carrying on  their  particular
    profession   or   business   under   any  valid  existing
    regulatory Act of this State;
         (2)  persons rendering gratuitous services in  cases
    of emergency; or
         (3)  persons  treating  human  ailments by prayer or
    spiritual means as an exercise or enjoyment of  religious
    freedom.
    (b)  (Blank)  Section  22  of  this Act does not apply to
persons who carry out or assist in the  implementation  of  a
court  order effecting the provisions of Section 119-5 of the
Code of Criminal Procedure of 1963.
(Source: P.A. 89-8, eff. 3-21-95.)

    Section  10.  The Code of Criminal Procedure of  1963  is
amended by changing Section 119-5 as follows:

    (725 ILCS 5/119-5) (from Ch. 38, par. 119-5)
    Sec. 119-5.  Execution of Death Sentence.
    (a)(1)  A  defendant sentenced to death shall be executed
    by an intravenous administration of a lethal quantity  of
    an  ultrashort-acting  barbiturate  in combination with a
    chemical paralytic agent and potassium chloride or  other
    equally  effective  substances  sufficient to cause death
    until death is pronounced by  a  coroner  who  is  not  a
    licensed  physician  according  to  accepted standards of
    medical practice.
         (2)  If the execution of the sentence  of  death  as
    provided   in   paragraph   (1)   is   held   illegal  or
    unconstitutional  by  a  reviewing  court  of   competent
    jurisdiction,  the sentence of death shall be carried out
    by electrocution.
    (b)  In pronouncing the sentence of death the court shall
set the date of the execution which shall be not less than 60
nor more than 90 days from the date sentence is pronounced.
    (c)  A  sentence  of  death  shall  be  executed   at   a
Department of Corrections facility.
    (d)  The  warden of the penitentiary shall supervise such
execution, which shall be conducted  in  the  presence  of  6
witnesses  who  shall  certify the execution of the sentence.
The certification shall be filed with the clerk of the  court
that imposed the sentence.
    (d-5)  The  Department  of Corrections shall not request,
require, or allow a  health  care  practitioner  licensed  in
Illinois, including but not limited to physicians and nurses,
regardless of employment, to participate in an execution.
    (e)  Except as otherwise provided in this subsection (e),
the   identity   of   executioners   and  other  persons  who
participate or perform ancillary functions  in  an  execution
and  information  contained  in  records  that would identify
those persons shall remain confidential, shall not be subject
to disclosure, and shall not be admissible as evidence or  be
discoverable in any action of any kind in any court or before
any  tribunal,  board, agency, or person. In order to protect
the confidentiality of persons participating in an execution,
the Director of Corrections may direct  that  the  Department
make  payments  in  cash  for  such services. In confidential
investigations by the Department of Professional  Regulation,
the  Department  of  Corrections shall disclose the names and
license numbers of health care practitioners participating or
performing  ancillary  functions  in  an  execution  to   the
Department  of  Professional Regulation and the Department of
Professional Regulation shall forward those names and license
numbers to the appropriate disciplinary boards.
    (f)  The amendatory changes to this Section made by  this
amendatory  Act  of  1991 are severable under Section 1.31 of
the Statute on Statutes.
    (g)  (Blank) Notwithstanding any other provision of  law,
assistance, participation in, or the performance of ancillary
or  other  functions  pursuant to this Section, including but
not limited to the administration of the lethal substance  or
substances  required  by this Section, shall not be construed
to constitute the practice of medicine.
    (h)  Notwithstanding any  other  provision  of  law,  any
pharmacist   or  pharmaceutical  supplier  is  authorized  to
dispense drugs to the Director of Corrections or his  or  her
designee,  without  prescription,  in  order to carry out the
provisions of this Section.
    (i)  The amendatory changes to this Section made by  this
amendatory  Act  of  the  93rd General Assembly are severable
under Section 1.31 of the Statute on Statutes.
(Source: P.A. 89-8, eff. 3-21-95.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.