SB3102 93RD GENERAL ASSEMBLY

LRB093 18477 RLC 47266 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning death sentences.

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

Section 1. Short title. This Act may be cited as the Attorney General Death Sentence Procedural Act.

Section 5. Definitions. In this Act:

"Attorney General" means the Attorney General of the State of Illinois.

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

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

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

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

Section 10. No moratorium on death penalty.

(a) It is the public policy of the State of Illinois that a sentence of death imposed by a court of competent jurisdiction whose validity has been affirmed by a final order of a court of last resort shall be speedily executed at a time directed by the Illinois Supreme Court.

(b) Nothing in this Act shall be deemed or construed to restrict or otherwise intrude upon or interfere with the authority of the Governor to commute, delay, or otherwise impede the execution of a death sentence.

Section 15. Petition to set execution date. 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.

Section 20. Request by Attorney General for issuance of death warrant. 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.

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

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

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