96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6007


 
Introduced 2/10/2010, by Rep. Chapin Rose - Dennis M. Reboletti
 
SYNOPSIS AS INTRODUCED:
 		













New Act










    Creates the Death Sentence Procedural Act.  Provides that within 72 hours of receipt of the certified copy of the final order of a court of last resort that  upholds or affirms a sentence of death, the Governor shall issue
a death warrant setting a date certain for execution, unless a death warrant is then in force.

Effective immediately.
















LRB096 18205 RLC 35821 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB6007

LRB096 18205 RLC 35821 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 Death 
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Sentence Procedural Act.
 
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    Section 5. Definitions. In this Act:
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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  Office of the State's Attorneys Appellate Prosecutor 
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or State's Attorney, in the interests of justice and judicial 
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economy, may by rule prescribe,  the purpose of which is to set 
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aside or otherwise reverse a sentence of death, and from a 
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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.



 
 


 






HB6007
- 2 -
LRB096 18205 RLC 35821 b




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    Section 10. Governor to issue death warrant. 
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    (a)  The prosecuting attorney shall, immediately upon 
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receipt of the final order, provide the Governor with a 
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certified copy of the final order.

 
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    (b) Within 72 hours of receipt of the certified copy of the 
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final order, the Governor shall issue
a death warrant setting a 
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date certain for execution, unless a death warrant is then in 
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force.


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    (c)  Nothing in this Act shall be deemed or construed to 
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restrict or otherwise intrude upon or interfere with the 
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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 99. Effective date. This Act takes effect upon 
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becoming law.