93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3102


 
Introduced 2/6/2004, by Dale A. Righter
 
SYNOPSIS AS INTRODUCED:
 		













New Act










    Creates the Attorney General Death Sentence Procedural Act.  Provides that within 30 days after the receipt of a final order of a court of last resort, the Attorney General shall petition the Illinois Supreme Court to set a date certain for the execution of the death sentence.  Provides that within 72 hours before the date set by the Illinois Supreme Court for the execution of a death sentence, the Attorney General shall request  the Governor to issue
a death warrant unless a death warrant is then in force.

Effective immediately.
















LRB093 18477 RLC 47266 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB3102

LRB093 18477 RLC 47266 b






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    AN ACT concerning death sentences.

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


 
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    Section 1. Short title. This Act may be cited as the 
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Attorney General Death Sentence Procedural Act.
 
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    Section 5. Definitions. In this Act:
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    "Attorney General" means the Attorney General of the State 
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of Illinois.


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    "Court of last resort" means the United States Supreme 
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Court or any State or federal court, before which is pending a 
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direct appeal; petition for writ of certiorari; 
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post-conviction petition;  motion for rehearing on such an 
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appeal, a writ, or a petition; or other proceeding or pleading 
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that  the Attorney General, in the interests of justice and 
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judicial economy, may by rule prescribe,  the purpose of which 
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is to set aside or otherwise reverse a sentence of death, and 
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from a decision on that question no further appeal is allowed.


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    "Death warrant"  means an order or warrant, signed by the 
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Governor, directing the Director of  Corrections to proceed with 
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the execution of a death sentence.

 
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    "Final order"  means the order of a court of last resort 
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that  upholds or affirms a sentence of death.


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    "Governor" means the Governor of the State of Illinois.



 
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    Section 10. No moratorium on death penalty.  
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    (a)  It is the public policy of the State of Illinois that a 
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sentence of death imposed by a court of competent jurisdiction 
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whose validity has been affirmed by a final order of a court of 
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last resort shall be speedily executed at a time directed by 
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the Illinois Supreme Court.


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    (b) Nothing in this Act shall be deemed or construed to 
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restrict or otherwise intrude upon or interfere with the 
 


 






SB3102
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LRB093 18477 RLC 47266 b




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authority of the Governor to commute, delay, or otherwise 
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impede the execution of a death sentence. 
 
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    Section 15. Petition to set execution date. Within 30 days 
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after the receipt of a final order of a court of last resort, 
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the Attorney General shall petition the Illinois Supreme Court 
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to set a date certain for the execution of the death sentence.
 
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    Section 20. Request by Attorney General for issuance of 
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death warrant.  Within 72 hours before the date set by the 
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Illinois Supreme Court for the execution of a death sentence, 
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the Attorney General shall request  the Governor to issue
a 
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death warrant unless a death warrant is then in force.


 
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    Section 25. Certified copy of final order of  a court of  
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last resort. If  the prosecuting authority for the 
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post-sentencing review of a death sentence is not the Attorney 
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General, that prosecuting authority shall, immediately upon 
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receipt, provide the Attorney General with a certified copy of 
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a final order of a court of last resort.


 
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    Section 30. Rules. Within 90 days after the effective date 
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of this Act, the Attorney General shall adopt rules and 
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establish procedures necessary for its implementation.
 

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