HB3882 93rd General Assembly

093_HB3882

 
                                     LRB093 13560 RLC 18918 b

 1        AN ACT in relation to criminal law.

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

 4        Section   5.  The  Criminal  Code  of  1961 is amended by
 5    changing Section 9-1 as follows:

 6        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
 7        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
 8    Exceptions - Separate Hearings - Proof - Findings - Appellate
 9    procedures - Reversals.
10        (a)  A person who  kills  an  individual  without  lawful
11    justification  commits  first degree murder if, in performing
12    the acts which cause the death:
13             (1)  he either intends to kill or  do  great  bodily
14        harm  to  that  individual or another, or knows that such
15        acts will cause death to that individual or another; or
16             (2)  he  knows  that  such  acts  create  a   strong
17        probability  of  death  or  great  bodily  harm  to  that
18        individual or another; or
19             (3)  he  is  attempting  or  committing  a  forcible
20        felony other than second degree murder; or.
21             (4)  he    is   manufacturing   or   attempting   to
22        manufacture a controlled substance in  violation  of  the
23        Illinois Controlled Substances Act.
24        (b)  Aggravating Factors.  A defendant who at the time of
25    the  commission  of the offense has attained the age of 18 or
26    more and who has been found guilty of first degree murder may
27    be sentenced to death if:
28             (1)  the murdered individual was a peace officer  or
29        fireman  killed  in the course of performing his official
30        duties,  to  prevent  the  performance  of  his  official
31        duties, or in retaliation  for  performing  his  official
 
                            -2-      LRB093 13560 RLC 18918 b
 1        duties,  and the defendant knew or should have known that
 2        the murdered individual was a peace officer  or  fireman;
 3        or
 4             (2)  the  murdered  individual was an employee of an
 5        institution or facility of the Department of Corrections,
 6        or any similar local correctional agency, killed  in  the
 7        course  of performing his official duties, to prevent the
 8        performance of his official duties, or in retaliation for
 9        performing  his  official   duties,   or   the   murdered
10        individual  was an inmate at such institution or facility
11        and was killed on the grounds thereof,  or  the  murdered
12        individual  was  otherwise present in such institution or
13        facility with the knowledge and  approval  of  the  chief
14        administrative officer thereof; or
15             (3)  the  defendant  has been convicted of murdering
16        two or more individuals  under  subsection  (a)  of  this
17        Section  or  under any law of the United States or of any
18        state which is substantially similar to subsection (a) of
19        this Section regardless  of whether the  deaths  occurred
20        as  the  result  of the same act or of several related or
21        unrelated acts so long as the deaths were the  result  of
22        either  an  intent  to  kill  more  than one person or of
23        separate acts which the defendant knew would cause  death
24        or  create  a strong probability of death or great bodily
25        harm to the murdered individual or another; or
26             (4)  the murdered individual was killed as a  result
27        of  the  hijacking  of  an  airplane, train, ship, bus or
28        other public conveyance; or
29             (5)  the defendant committed the murder pursuant  to
30        a contract, agreement or understanding by which he was to
31        receive   money  or  anything  of  value  in  return  for
32        committing the murder or procured another to  commit  the
33        murder for money or anything of value; or
34             (6)  the  murdered  individual  was  killed  in  the
 
                            -3-      LRB093 13560 RLC 18918 b
 1        course of another felony if:
 2                  (a)  the murdered individual:
 3                       (i)  was actually killed by the defendant,
 4                  or
 5                       (ii)  received      physical      injuries
 6                  personally    inflicted    by   the   defendant
 7                  substantially contemporaneously  with  physical
 8                  injuries  caused  by  one  or  more persons for
 9                  whose  conduct   the   defendant   is   legally
10                  accountable under Section 5-2 of this Code, and
11                  the  physical  injuries inflicted by either the
12                  defendant or the other person  or  persons  for
13                  whose  conduct he is legally accountable caused
14                  the death of the murdered individual; and
15                  (b)  in performing the acts  which  caused  the
16             death  of  the murdered individual or which resulted
17             in physical injuries  personally  inflicted  by  the
18             defendant  on  the  murdered  individual  under  the
19             circumstances  of  subdivision  (ii) of subparagraph
20             (a) of paragraph  (6)  of  subsection  (b)  of  this
21             Section, the defendant acted with the intent to kill
22             the  murdered  individual or with the knowledge that
23             his acts created a strong probability  of  death  or
24             great  bodily  harm  to  the  murdered individual or
25             another; and
26                  (c)  the other felony was one of the following:
27             armed robbery, armed  violence,  robbery,  predatory
28             criminal  sexual  assault  of  a  child,  aggravated
29             criminal   sexual  assault,  aggravated  kidnapping,
30             aggravated vehicular hijacking, forcible  detention,
31             arson,   aggravated   arson,   aggravated  stalking,
32             burglary,  residential  burglary,   home   invasion,
33             calculated  criminal  drug  conspiracy as defined in
34             Section 405 of the  Illinois  Controlled  Substances
 
                            -4-      LRB093 13560 RLC 18918 b
 1             Act,  streetgang criminal drug conspiracy as defined
 2             in  Section  405.2  of   the   Illinois   Controlled
 3             Substances  Act, or the attempt to commit any of the
 4             felonies listed in this subsection (c); or
 5             (7)  the murdered individual was under 12  years  of
 6        age  and  the death resulted from exceptionally brutal or
 7        heinous behavior indicative of wanton cruelty; or
 8             (8)  the defendant committed the murder with  intent
 9        to prevent the murdered individual from testifying in any
10        criminal prosecution or giving material assistance to the
11        State in any investigation or prosecution, either against
12        the  defendant or another; or the defendant committed the
13        murder because the murdered individual was a  witness  in
14        any  prosecution or gave material assistance to the State
15        in any investigation or prosecution, either  against  the
16        defendant or another; or
17             (9)  the  defendant,  while  committing  an  offense
18        punishable  under Sections 401, 401.1, 401.2, 405, 405.2,
19        407 or 407.1 or subsection (b)  of  Section  404  of  the
20        Illinois Controlled Substances Act, or while engaged in a
21        conspiracy   or  solicitation  to  commit  such  offense,
22        intentionally  killed   an   individual   or   counseled,
23        commanded,  induced,  procured  or caused the intentional
24        killing of the murdered individual; or
25             (10)  the   defendant   was   incarcerated   in   an
26        institution or facility of the Department of  Corrections
27        at  the  time  of  the  murder,  and  while committing an
28        offense punishable as a felony  under  Illinois  law,  or
29        while  engaged  in a conspiracy or solicitation to commit
30        such  offense,  intentionally  killed  an  individual  or
31        counseled, commanded, induced,  procured  or  caused  the
32        intentional killing of the murdered individual; or
33             (11)  the murder was committed in a cold, calculated
34        and  premeditated manner pursuant to a preconceived plan,
 
                            -5-      LRB093 13560 RLC 18918 b
 1        scheme or design to take a human life by unlawful  means,
 2        and  the  conduct  of  the defendant created a reasonable
 3        expectation that the death of a human being would  result
 4        therefrom; or
 5             (12)  the   murdered  individual  was  an  emergency
 6        medical  technician  -   ambulance,   emergency   medical
 7        technician - intermediate, emergency medical technician -
 8        paramedic,  ambulance driver, or other medical assistance
 9        or first aid personnel, employed  by  a  municipality  or
10        other   governmental   unit,  killed  in  the  course  of
11        performing  his   official   duties,   to   prevent   the
12        performance of his official duties, or in retaliation for
13        performing his official duties, and the defendant knew or
14        should  have  known  that  the murdered individual was an
15        emergency  medical  technician  -  ambulance,   emergency
16        medical  technician  -  intermediate,  emergency  medical
17        technician   -  paramedic,  ambulance  driver,  or  other
18        medical assistance or first aid personnel; or
19             (13)  the defendant was a  principal  administrator,
20        organizer,  or  leader  of  a  calculated  criminal  drug
21        conspiracy  consisting  of  a  hierarchical  position  of
22        authority  superior  to  that of all other members of the
23        conspiracy,  and  the  defendant  counseled,   commanded,
24        induced,  procured,  or caused the intentional killing of
25        the murdered person; or
26             (14)  the murder was intentional  and  involved  the
27        infliction  of  torture.  For the purpose of this Section
28        torture means the infliction of or subjection to  extreme
29        physical  pain,  motivated  by  an  intent to increase or
30        prolong the pain, suffering or agony of the victim; or
31             (15)  the murder was committed as a  result  of  the
32        intentional  discharge of a firearm by the defendant from
33        a motor vehicle and the victim was not present within the
34        motor vehicle; or
 
                            -6-      LRB093 13560 RLC 18918 b
 1             (16)  the murdered individual was 60 years of age or
 2        older and the death resulted from exceptionally brutal or
 3        heinous behavior indicative of wanton cruelty; or
 4             (17)  the murdered individual was a disabled  person
 5        and  the  defendant  knew  or  should have known that the
 6        murdered individual was disabled.  For purposes  of  this
 7        paragraph  (17),  "disabled  person"  means  a person who
 8        suffers from a permanent physical  or  mental  impairment
 9        resulting from disease, an injury, a functional disorder,
10        or   a  congenital  condition  that  renders  the  person
11        incapable of adequately providing  for  his  or  her  own
12        health or personal care; or
13             (18)  the  murder  was  committed  by  reason of any
14        person's activity as a community policing volunteer or to
15        prevent  any  person  from  engaging  in  activity  as  a
16        community policing volunteer; or
17             (19)  the murdered  individual  was  subject  to  an
18        order  of  protection  and  the murder was committed by a
19        person against whom the  same  order  of  protection  was
20        issued  under the Illinois Domestic Violence Act of 1986;
21        or
22             (20)  the  murdered  individual  was  known  by  the
23        defendant to be a teacher or other person employed in any
24        school and the teacher or  other  employee  is  upon  the
25        grounds  of  a school or grounds adjacent to a school, or
26        is in any part of a building used for school purposes; or
27             (21)  the murder was committed by the  defendant  in
28        connection  with  or  as  a  result  of  the  offense  of
29        terrorism as defined in Section 29D-30 of this Code.
30          (c)  Consideration   of   factors  in  Aggravation  and
31    Mitigation.
32        The court shall consider, or shall instruct the  jury  to
33    consider any aggravating and any mitigating factors which are
34    relevant to the imposition of the death penalty.  Aggravating
 
                            -7-      LRB093 13560 RLC 18918 b
 1    factors  may include but need not be limited to those factors
 2    set forth in subsection (b). Mitigating factors  may  include
 3    but need not be limited to the following:
 4             (1)  the  defendant  has  no  significant history of
 5        prior criminal activity;
 6             (2)  the murder was committed  while  the  defendant
 7        was  under  the  influence of extreme mental or emotional
 8        disturbance, although not such as to constitute a defense
 9        to prosecution;
10             (3)  the murdered individual was  a  participant  in
11        the  defendant's  homicidal  conduct  or consented to the
12        homicidal act;
13             (4)  the defendant acted  under  the  compulsion  of
14        threat  or  menace of the imminent infliction of death or
15        great bodily harm;
16             (5)  the defendant was not personally present during
17        commission of the act or acts causing death.
18        (d)  Separate sentencing hearing.
19        Where requested by the State, the court shall  conduct  a
20    separate  sentencing proceeding to determine the existence of
21    factors set forth in  subsection  (b)  and  to  consider  any
22    aggravating  or mitigating factors as indicated in subsection
23    (c).  The proceeding shall be conducted:
24             (1)  before the jury that determined the defendant's
25        guilt; or
26             (2)  before a jury impanelled for the purpose of the
27        proceeding if:
28                  A.  the defendant was convicted upon a plea  of
29             guilty; or
30                  B.  the  defendant  was convicted after a trial
31             before the court sitting without a jury; or
32                  C.  the court for good cause  shown  discharges
33             the jury that determined the defendant's guilt; or
34             (3)  before  the court alone if the defendant waives
 
                            -8-      LRB093 13560 RLC 18918 b
 1        a jury for the separate proceeding.
 2        (e)  Evidence and Argument.
 3        During the proceeding any information relevant to any  of
 4    the  factors  set forth in subsection (b) may be presented by
 5    either the State or the defendant under the  rules  governing
 6    the   admission   of   evidence   at  criminal  trials.   Any
 7    information relevant to any additional aggravating factors or
 8    any mitigating factors indicated in  subsection  (c)  may  be
 9    presented  by  the  State  or  defendant  regardless  of  its
10    admissibility  under  the  rules  governing  the admission of
11    evidence at criminal trials.  The  State  and  the  defendant
12    shall  be  given  fair  opportunity  to rebut any information
13    received at the hearing.
14        (f)  Proof.
15        The burden of proof of establishing the existence of  any
16    of  the  factors  set forth in subsection (b) is on the State
17    and shall  not  be  satisfied  unless  established  beyond  a
18    reasonable doubt.
19        (g)  Procedure - Jury.
20        If  at  the separate sentencing proceeding the jury finds
21    that none of the factors set forth in subsection (b)  exists,
22    the   court  shall  sentence  the  defendant  to  a  term  of
23    imprisonment  under  Chapter  V  of  the  Unified   Code   of
24    Corrections.   If  there  is  a unanimous finding by the jury
25    that one or more of the factors set forth in  subsection  (b)
26    exist,  the  jury  shall  consider aggravating and mitigating
27    factors as  instructed  by  the  court  and  shall  determine
28    whether  the sentence of death shall be imposed.  If the jury
29    determines unanimously that there are no  mitigating  factors
30    sufficient  to preclude the imposition of the death sentence,
31    the court shall sentence the defendant to death.
32        Unless the jury  unanimously  finds  that  there  are  no
33    mitigating  factors  sufficient to preclude the imposition of
34    the death sentence the court shall sentence the defendant  to
 
                            -9-      LRB093 13560 RLC 18918 b
 1    a term of imprisonment under Chapter V of the Unified Code of
 2    Corrections.
 3        (h)  Procedure - No Jury.
 4        In  a  proceeding  before  the  court alone, if the court
 5    finds that none  of  the  factors  found  in  subsection  (b)
 6    exists,  the  court shall sentence the defendant to a term of
 7    imprisonment  under  Chapter  V  of   the  Unified  Code   of
 8    Corrections.
 9        If  the  Court determines that one or more of the factors
10    set forth in subsection (b) exists, the Court shall  consider
11    any  aggravating  and  mitigating  factors  as  indicated  in
12    subsection  (c).   If  the Court determines that there are no
13    mitigating factors sufficient to preclude the  imposition  of
14    the death sentence, the Court shall sentence the defendant to
15    death.
16        Unless  the  court  finds  that  there  are no mitigating
17    factors sufficient to preclude the imposition of the sentence
18    of death, the court shall sentence the defendant to a term of
19    imprisonment  under  Chapter  V  of  the  Unified   Code   of
20    Corrections.
21        (i)  Appellate Procedure.
22        The  conviction and sentence of death shall be subject to
23    automatic review by the Supreme Court.  Such review shall  be
24    in accordance with rules promulgated by the Supreme Court.
25        (j)  Disposition of reversed death sentence.
26        In  the  event that the death penalty in this Act is held
27    to be unconstitutional by the Supreme  Court  of  the  United
28    States  or  of the State of Illinois, any person convicted of
29    first degree murder shall be sentenced by the court to a term
30    of imprisonment under  Chapter  V  of  the  Unified  Code  of
31    Corrections.
32        In  the  event  that  any  death sentence pursuant to the
33    sentencing   provisions   of   this   Section   is   declared
34    unconstitutional by the Supreme Court of the United States or
 
                            -10-     LRB093 13560 RLC 18918 b
 1    of the State of Illinois, the court having jurisdiction  over
 2    a  person  previously  sentenced  to  death  shall  cause the
 3    defendant to be brought before the court, and the court shall
 4    sentence the  defendant  to  a  term  of  imprisonment  under
 5    Chapter V of the Unified Code of Corrections.
 6    (Source: P.A. 91-357,  eff.  7-29-99;  91-434,  eff.  1-1-00;
 7    92-854, eff. 12-5-02.)