Full Text of SB1465 97th General Assembly
SB1465sam001 97TH GENERAL ASSEMBLY | Sen. Kirk W. Dillard Filed: 4/4/2011
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| 1 | | AMENDMENT TO SENATE BILL 1465
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1465 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 1961 is amended by | 5 | | changing Sections 8-4 and 9-1 as follows:
| 6 | | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
| 7 | | Sec. 8-4. Attempt.
| 8 | | (a) Elements of the offense.
| 9 | | A person commits the offense of attempt when, with intent | 10 | | to commit a specific
offense, he or she does any act that | 11 | | constitutes a substantial step toward the
commission of that | 12 | | offense.
| 13 | | (b) Impossibility.
| 14 | | It is not a defense to a charge of attempt that because of | 15 | | a
misapprehension of the circumstances it would have been | 16 | | impossible for
the accused to commit the offense attempted.
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| 1 | | (c) Sentence.
| 2 | | A person convicted of attempt may be fined or imprisoned or | 3 | | both
not to exceed the maximum provided for the offense | 4 | | attempted but, except
for an attempt to commit the offense | 5 | | defined in Section 33A-2 of this Code:
| 6 | | (1) the sentence for attempt to commit first degree | 7 | | murder is the
sentence for a Class X felony, except that
| 8 | | (A) an attempt to commit first
degree murder when | 9 | | at least one of the aggravating factors specified in
| 10 | | paragraphs (1) and , (2) , and (12) of subsection (b) and | 11 | | in paragraphs (1) and (9) of subsection (c) of Section | 12 | | 9-1 is present is
a Class X felony for which the | 13 | | sentence shall be a term of imprisonment of
not less | 14 | | than 20 years and not more than 80 years;
| 15 | | (B) an attempt to commit first degree murder while | 16 | | armed with a
firearm is a Class X felony for which 15 | 17 | | years shall be added to the term of
imprisonment | 18 | | imposed by the court;
| 19 | | (C) an attempt to commit first degree murder during | 20 | | which the person
personally discharged a firearm is a | 21 | | Class X felony for which 20 years
shall be added to the | 22 | | term of imprisonment imposed by the court;
| 23 | | (D) an attempt to commit first degree murder during | 24 | | which the person
personally discharged a firearm that | 25 | | proximately caused great bodily harm,
permanent | 26 | | disability, permanent disfigurement, or death to
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| 1 | | another person is a Class X felony for which 25 years | 2 | | or up to a term of
natural life shall be added to the | 3 | | term of imprisonment imposed by the court; and
| 4 | | (E) if the defendant proves by a preponderance of | 5 | | the evidence at sentencing that, at the time of the | 6 | | attempted murder, he or she was acting under a sudden | 7 | | and intense passion resulting from serious provocation | 8 | | by the individual whom the defendant endeavored to | 9 | | kill, or another, and, had the individual the defendant | 10 | | endeavored to kill died, the defendant would have | 11 | | negligently or accidentally caused that death, then | 12 | | the sentence for the attempted murder is the sentence | 13 | | for a Class 1 felony;
| 14 | | (2) the sentence for attempt to commit a Class X felony | 15 | | is the sentence
for a Class 1 felony;
| 16 | | (3) the sentence for attempt to commit a Class 1 felony | 17 | | is the sentence
for a Class 2 felony;
| 18 | | (4) the sentence for attempt to commit a Class 2 felony | 19 | | is the sentence
for a Class 3 felony; and
| 20 | | (5) the sentence for attempt to commit any felony other | 21 | | than those
specified in items (1), (2), (3), and (4) of | 22 | | this subsection (c) is
the sentence for a Class A | 23 | | misdemeanor.
| 24 | | (Source: P.A. 96-710, eff. 1-1-10.)
| 25 | | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) |
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| 1 | | Sec. 9-1. First degree Murder - Death penalties - | 2 | | Exceptions - Separate
Hearings - Proof - Findings - Appellate | 3 | | procedures - Reversals.
| 4 | | (a) A person who kills an individual without lawful | 5 | | justification commits
first degree murder if, in performing the | 6 | | acts which cause the death:
| 7 | | (1) he either intends to kill or do great bodily harm | 8 | | to that
individual or another, or knows that such acts will | 9 | | cause death to that
individual or another; or
| 10 | | (2) he knows that such acts create a strong probability | 11 | | of death or
great bodily harm to that individual or | 12 | | another; or
| 13 | | (3) he is attempting or committing a forcible felony | 14 | | other than
second degree murder.
| 15 | | (b) Aggravating Factors ; Death Penalty . A defendant who at | 16 | | the time of the
commission of the offense has attained the age | 17 | | of 18 or more and who has
been found guilty of first degree | 18 | | murder may be sentenced to death if:
| 19 | | (1) the murdered individual was a peace officer or | 20 | | fireman killed in
the course of performing his or her | 21 | | official duties, to prevent the performance
of his or her | 22 | | official duties, or in retaliation for performing his or | 23 | | her official
duties, and the defendant knew or
should have | 24 | | known that the murdered individual was a peace officer or
| 25 | | fireman ; or
| 26 | | (2) the murdered individual was an employee of an |
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| 1 | | institution or
facility of the Department of Corrections, | 2 | | or any similar local
correctional agency, killed in the | 3 | | course of performing his or her official
duties, to prevent | 4 | | the performance of his or her official duties, or in
| 5 | | retaliation for performing his or her official duties , or | 6 | | the murdered
individual was an inmate at such institution | 7 | | or facility and was killed on the
grounds thereof, or the | 8 | | murdered individual was otherwise present in such
| 9 | | institution or facility with the knowledge and approval of | 10 | | the chief
administrative officer thereof ; or
| 11 | | (3) the defendant has been convicted of murdering 3 two | 12 | | or more
individuals under subsection (a) of this Section or | 13 | | under any law of the
United States or of any state which is | 14 | | substantially similar to
subsection (a) of this Section | 15 | | regardless of whether the deaths
occurred as the result of | 16 | | the same act or of several related or
unrelated acts so | 17 | | long as the deaths were the result of either an intent
to | 18 | | kill more than one person or of separate acts which
the | 19 | | defendant knew would cause death or create a strong | 20 | | probability of
death or great bodily harm to the murdered | 21 | | individual or another; or
| 22 | | (4) the murdered individual was under 12 years of age | 23 | | and the death resulted from exceptionally brutal or heinous | 24 | | behavior indicative of wanton cruelty; or | 25 | | (5) the defendant committed the murder with intent to
| 26 | | prevent the murdered individual from testifying or |
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| 1 | | participating in any
criminal investigation or prosecution
| 2 | | or giving material assistance to the State in any | 3 | | investigation or
prosecution, either against the defendant | 4 | | or another; or the defendant
committed the murder because | 5 | | the murdered individual was a witness in any
prosecution or | 6 | | gave material assistance to the State in any investigation
| 7 | | or prosecution, either against the defendant or another;
| 8 | | for purposes of this paragraph (5), "participating in any | 9 | | criminal
investigation
or prosecution" is intended to | 10 | | include those appearing in the proceedings in
any capacity | 11 | | such as trial judges, prosecutors, defense attorneys,
| 12 | | investigators, witnesses, or jurors. | 13 | | (c) Aggravating Factors; Natural Life Imprisonment. A | 14 | | defendant who at the time of the commission of the offense has | 15 | | attained the age of 18 or more and who has been found guilty of | 16 | | first degree murder may be sentenced to natural life | 17 | | imprisonment if: | 18 | | (1) the murdered individual was an inmate of an | 19 | | institution or facility of the Department of Corrections, | 20 | | or any similar local correctional agency, and was killed on | 21 | | the grounds thereof, or the murdered individual was | 22 | | otherwise present in such institution or facility with the | 23 | | knowledge and approval of the chief administrative officer | 24 | | thereof; or | 25 | | (2) (4) the murdered individual was killed as a result | 26 | | of the
hijacking of an airplane, train, ship, bus or other |
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| 1 | | public conveyance; or
| 2 | | (3) (5) the defendant committed the murder pursuant to | 3 | | a contract,
agreement or understanding by which he was to | 4 | | receive money or anything
of value in return for committing | 5 | | the murder or procured another to
commit the murder for | 6 | | money or anything of value; or
| 7 | | (4) (6) the murdered individual was killed in the | 8 | | course of another felony if:
| 9 | | (a) the murdered individual:
| 10 | | (i) was actually killed by the defendant, or
| 11 | | (ii) received physical injuries personally | 12 | | inflicted by the defendant
substantially | 13 | | contemporaneously with physical injuries caused by | 14 | | one or
more persons for whose conduct the defendant | 15 | | is legally accountable under
Section 5-2 of this | 16 | | Code, and the physical injuries inflicted by | 17 | | either
the defendant or the other person or persons | 18 | | for whose conduct he or she is legally
accountable | 19 | | caused the death of the murdered individual; and
| 20 | | (b) in performing the acts which caused the death | 21 | | of the murdered
individual or which resulted in | 22 | | physical injuries personally inflicted by
the | 23 | | defendant on the murdered individual under the | 24 | | circumstances of
subdivision (ii) of subparagraph (a) | 25 | | of paragraph (4) (6) of subsection (c) (b) of
this | 26 | | Section, the defendant acted with the intent to kill |
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| 1 | | the murdered
individual or with the knowledge that his | 2 | | acts created a strong probability
of death or great | 3 | | bodily harm to the murdered individual or another; and
| 4 | | (c) the other felony was an inherently violent | 5 | | crime
or the attempt to commit an inherently
violent | 6 | | crime.
In this subparagraph (c), "inherently violent | 7 | | crime" includes, but is not
limited to, armed robbery, | 8 | | robbery, predatory criminal sexual assault of a
child,
| 9 | | aggravated criminal sexual assault, aggravated | 10 | | kidnapping, aggravated vehicular
hijacking,
aggravated | 11 | | arson, aggravated stalking, residential burglary, and | 12 | | home
invasion; or
| 13 | | (7) the murdered individual was under 12 years of age | 14 | | and the
death resulted from exceptionally brutal or heinous | 15 | | behavior indicative of
wanton cruelty; or
| 16 | | (5) the defendant has been convicted of murdering two | 17 | | individuals under subsection (a) of this Section or under | 18 | | any law of the United States or of any state which is | 19 | | substantially similar to subsection (a) of this Section | 20 | | regardless of whether the deaths occurred as the result of | 21 | | the same act or of several related or unrelated acts so | 22 | | long as the deaths were the result of either an intent to | 23 | | kill more than one person or of separate acts which the | 24 | | defendant knew would cause death or create a strong | 25 | | probability of death or great bodily harm to the murdered | 26 | | individual or another; or |
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| 1 | | (8) the defendant committed the murder with intent to
| 2 | | prevent the murdered individual from testifying or | 3 | | participating in any
criminal investigation or prosecution
| 4 | | or giving material assistance to the State in any | 5 | | investigation or
prosecution, either against the defendant | 6 | | or another; or the defendant
committed the murder because | 7 | | the murdered individual was a witness in any
prosecution or | 8 | | gave material assistance to the State in any investigation
| 9 | | or prosecution, either against the defendant or another;
| 10 | | for purposes of this paragraph (8), "participating in any | 11 | | criminal
investigation
or prosecution" is intended to | 12 | | include those appearing in the proceedings in
any capacity | 13 | | such as trial judges, prosecutors, defense attorneys,
| 14 | | investigators, witnesses, or jurors; or
| 15 | | (6) (9) the defendant, while committing an offense | 16 | | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | 17 | | 407 or 407.1 or subsection (b) of
Section
404 of the | 18 | | Illinois Controlled Substances Act, or while engaged in a
| 19 | | conspiracy or solicitation to commit such offense, | 20 | | intentionally killed an
individual or counseled, | 21 | | commanded, induced, procured or caused the
intentional | 22 | | killing of the murdered individual; or
| 23 | | (7) (10) the defendant was incarcerated in an | 24 | | institution or facility of
the Department of Corrections at | 25 | | the time of the murder, and while
committing an offense | 26 | | punishable as a felony under Illinois law, or while
engaged |
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| 1 | | in a conspiracy or solicitation to commit such offense,
| 2 | | intentionally killed an individual or counseled, | 3 | | commanded, induced,
procured or caused the intentional | 4 | | killing of the murdered individual; or
| 5 | | (8) (11) the murder was committed in a cold, calculated | 6 | | and premeditated
manner pursuant to a preconceived plan, | 7 | | scheme or design to take a human
life by unlawful means, | 8 | | and the conduct of the defendant created a
reasonable | 9 | | expectation that the death of a human being would result
| 10 | | therefrom; or
| 11 | | (9) (12) the murdered individual was a fireman or an | 12 | | emergency medical technician -
ambulance, emergency | 13 | | medical technician - intermediate, emergency medical
| 14 | | technician - paramedic, ambulance driver, or
other medical | 15 | | assistance or first aid personnel, employed by a | 16 | | municipality
or other governmental unit, killed in the | 17 | | course of performing his or her official
duties, to prevent | 18 | | the performance of his or her official duties, or in | 19 | | retaliation
for performing his or her official duties, and | 20 | | the defendant knew or should have
known that the murdered | 21 | | individual was a fireman or an emergency medical technician - | 22 | |
ambulance, emergency medical technician - intermediate, | 23 | | emergency medical
technician - paramedic, ambulance | 24 | | driver, or
other medical assistance or first aid personnel ; | 25 | | or
| 26 | | (10) (13) the defendant was a principal administrator, |
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| 1 | | organizer, or leader
of a calculated criminal drug | 2 | | conspiracy consisting of a hierarchical position
of | 3 | | authority superior to that of all other members of the | 4 | | conspiracy, and the
defendant counseled, commanded, | 5 | | induced, procured, or caused the intentional
killing of the | 6 | | murdered person;
or
| 7 | | (11) (14) the murder was intentional and involved the | 8 | | infliction of torture.
For
the purpose of this Section | 9 | | torture means the infliction of or subjection to
extreme | 10 | | physical pain, motivated by an intent to increase or | 11 | | prolong the pain,
suffering or agony of the victim; or
| 12 | | (12) (15) the murder was committed as a result of the | 13 | | intentional discharge
of a firearm by the defendant from a | 14 | | motor vehicle and the victim was not
present within the | 15 | | motor vehicle; or
| 16 | | (13) (16) the murdered individual was 60 years of age | 17 | | or older and the death
resulted
from exceptionally brutal | 18 | | or heinous behavior indicative of wanton cruelty; or
| 19 | | (14) (17) the murdered individual was a disabled person | 20 | | and the defendant knew
or
should have known that the | 21 | | murdered individual was disabled. For purposes of
this | 22 | | paragraph (17), "disabled person" means a person who | 23 | | suffers from a
permanent physical or mental impairment | 24 | | resulting from disease, an injury,
a functional disorder, | 25 | | or a congenital condition that renders the person
incapable | 26 | | of
adequately providing for his or her own health or |
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| 1 | | personal care ; or
| 2 | | (15) (18) the murder was committed by reason of any | 3 | | person's activity as a
community policing volunteer or to | 4 | | prevent any person from engaging in activity
as a community | 5 | | policing volunteer; or
| 6 | | (16) (19) the murdered individual was subject to an | 7 | | order of protection and the
murder was committed by a | 8 | | person against whom the same order of protection was
issued | 9 | | under the Illinois Domestic Violence Act of 1986; or
| 10 | | (17) (20) the murdered individual was known by the | 11 | | defendant to be a teacher or
other person employed in any | 12 | | school and the teacher or other employee is upon
the | 13 | | grounds of a school or grounds adjacent to a school, or is | 14 | | in any part of a
building used for school purposes; or
| 15 | | (18) (21) the murder was committed by the defendant in | 16 | | connection with or as
a
result of the offense of terrorism | 17 | | as defined in Section 29D-14.9 of this
Code ; or .
| 18 | | (19) (b-5) Aggravating Factor; Natural Life | 19 | | Imprisonment. A defendant who has been found guilty of | 20 | | first degree murder and who at the time of the commission | 21 | | of the offense had attained the age of 18 years or more may | 22 | | be sentenced to natural life imprisonment if
(i) the | 23 | | murdered individual was : (i) a physician, physician | 24 | | assistant, psychologist, nurse, or advanced practice | 25 | | nurse, (ii) a person whom the defendant knew or should have
| 26 | | known that the murdered individual was a physician, |
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| 1 | | physician assistant, psychologist, nurse, or advanced | 2 | | practice nurse, and (iii) the murdered individual was | 3 | | killed in the course of acting in his or her capacity as a | 4 | | physician, physician assistant, psychologist, nurse, or | 5 | | advanced practice nurse, or to prevent him or her from | 6 | | acting in that capacity, or in retaliation
for his or her | 7 | | acting in that capacity. | 8 | | (d) (c) Consideration of factors in Aggravation and | 9 | | Mitigation.
| 10 | | The court shall consider, or shall instruct the jury to | 11 | | consider any
aggravating and any mitigating factors which are | 12 | | relevant to the
imposition of the death penalty. Aggravating | 13 | | factors may include but
need not be limited to those factors | 14 | | set forth in subsection (b).
Mitigating factors may include but | 15 | | need not be limited to the following:
| 16 | | (1) the defendant has no significant history of prior | 17 | | criminal
activity;
| 18 | | (2) the murder was committed while the defendant was | 19 | | under
the influence of extreme mental or emotional | 20 | | disturbance, although not such
as to constitute a defense | 21 | | to prosecution;
| 22 | | (3) the murdered individual was a participant in the
| 23 | | defendant's homicidal conduct or consented to the | 24 | | homicidal act;
| 25 | | (4) the defendant acted under the compulsion of threat | 26 | | or
menace of the imminent infliction of death or great |
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| 1 | | bodily harm;
| 2 | | (5) the defendant was not personally present during
| 3 | | commission of the act or acts causing death;
| 4 | | (6) the defendant's background includes a history of | 5 | | extreme emotional
or physical abuse;
| 6 | | (7) the defendant suffers from a reduced mental | 7 | | capacity.
| 8 | | (e) (d) Separate sentencing hearing.
| 9 | | Where requested by the State, the court shall conduct a | 10 | | separate
sentencing proceeding to determine the existence of | 11 | | factors set forth in
subsection (b) and to consider any | 12 | | aggravating or mitigating factors as
indicated in subsection | 13 | | (c). The proceeding shall be conducted:
| 14 | | (1) before the jury that determined the defendant's | 15 | | guilt; or
| 16 | | (2) before a jury impanelled for the purpose of the | 17 | | proceeding if:
| 18 | | A. the defendant was convicted upon a plea of | 19 | | guilty; or
| 20 | | B. the defendant was convicted after a trial before | 21 | | the court
sitting without a jury; or
| 22 | | C. the court for good cause shown discharges the | 23 | | jury that
determined the defendant's guilt; or
| 24 | | (3) before the court alone if the defendant waives a | 25 | | jury
for the separate proceeding.
| 26 | | (f) (e) Evidence and Argument.
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| 1 | | During the proceeding any information relevant to any of | 2 | | the factors
set forth in subsection (b) may be presented by | 3 | | either the State or the
defendant under the rules governing the | 4 | | admission of evidence at
criminal trials. Any information | 5 | | relevant to any additional aggravating
factors or any | 6 | | mitigating factors indicated in subsection (c) may be
presented | 7 | | by the State or defendant regardless of its admissibility
under | 8 | | the rules governing the admission of evidence at criminal | 9 | | trials.
The State and the defendant shall be given fair | 10 | | opportunity to rebut any
information received at the hearing.
| 11 | | (g) (f) Proof.
| 12 | | The burden of proof of establishing the existence of any of | 13 | | the
factors set forth in subsection (b) is on the State and | 14 | | shall not be
satisfied unless established beyond a reasonable | 15 | | doubt.
| 16 | | (h) (g) Procedure - Jury.
| 17 | | If at the separate sentencing proceeding the jury finds | 18 | | that none of
the factors set forth in subsection (b) exists, | 19 | | the court shall sentence
the defendant to a term of | 20 | | imprisonment under Chapter V of the Unified
Code of | 21 | | Corrections. If there is a unanimous finding by the jury that
| 22 | | one or more of the factors set forth in subsection (b) exist, | 23 | | the jury
shall consider aggravating and mitigating factors as | 24 | | instructed by the
court and shall determine whether the | 25 | | sentence of death shall be
imposed. If the jury determines | 26 | | unanimously, after weighing the factors in
aggravation and |
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| 1 | | mitigation, that death is the appropriate sentence, the court | 2 | | shall sentence the defendant to death.
If the court does not | 3 | | concur with the jury determination that death is the
| 4 | | appropriate sentence, the court shall set forth reasons in | 5 | | writing
including what facts or circumstances the court relied | 6 | | upon,
along with any relevant
documents, that compelled the | 7 | | court to non-concur with the sentence. This
document and any | 8 | | attachments shall be part of the record for appellate
review. | 9 | | The court shall be bound by the jury's sentencing | 10 | | determination.
| 11 | | If after weighing the factors in aggravation and | 12 | | mitigation, one or more
jurors determines that death is not the | 13 | | appropriate sentence,
the
court shall sentence the defendant to | 14 | | a term of imprisonment under
Chapter V of the Unified Code of | 15 | | Corrections.
| 16 | | (i) (h) Procedure - No Jury.
| 17 | | In a proceeding before the court alone, if the court finds | 18 | | that none
of the factors found in subsection (b) exists, the | 19 | | court shall sentence
the defendant to a term of imprisonment | 20 | | under Chapter V of the Unified
Code of Corrections.
| 21 | | If the Court determines that one or more of the factors set | 22 | | forth in
subsection (b) exists, the Court shall consider any | 23 | | aggravating and
mitigating factors as indicated in subsection | 24 | | (c). If the Court
determines, after weighing the factors in | 25 | | aggravation and mitigation, that
death is the appropriate | 26 | | sentence, the Court shall sentence the
defendant to death.
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| 1 | | If
the court finds that death is not the
appropriate | 2 | | sentence, the
court shall sentence the defendant to a term of | 3 | | imprisonment under
Chapter V of the Unified Code of | 4 | | Corrections.
| 5 | | (j) (h-5) Decertification as a capital case.
| 6 | | In a case in which the defendant has been found guilty of | 7 | | first degree murder
by a judge or jury, or a case on remand for | 8 | | resentencing, and the State seeks
the death penalty as an | 9 | | appropriate
sentence,
on the court's own motion or the written | 10 | | motion of the defendant, the court
may decertify the case as a | 11 | | death penalty case if the court finds that the only
evidence | 12 | | supporting the defendant's conviction is the uncorroborated | 13 | | testimony
of an informant witness, as defined in Section 115-21 | 14 | | of the Code of Criminal
Procedure of 1963, concerning the | 15 | | confession or admission of the defendant or
that the sole | 16 | | evidence against the defendant is a single eyewitness or single
| 17 | | accomplice without any other corroborating evidence.
If the | 18 | | court decertifies the case as a capital case
under either of | 19 | | the grounds set forth above, the court shall issue a
written | 20 | | finding. The State may pursue its right to appeal the | 21 | | decertification
pursuant to Supreme Court Rule 604(a)(1). If | 22 | | the court does not
decertify the case as a capital case, the | 23 | | matter shall proceed to the
eligibility phase of the sentencing | 24 | | hearing.
| 25 | | (k) (i) Appellate Procedure.
| 26 | | The conviction and sentence of death shall be subject to |
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| 1 | | automatic
review by the Supreme Court. Such review shall be in | 2 | | accordance with
rules promulgated by the Supreme Court.
The | 3 | | Illinois Supreme Court may overturn the death sentence, and | 4 | | order the
imposition of imprisonment under Chapter V of the | 5 | | Unified Code of
Corrections if the court finds that the death | 6 | | sentence is fundamentally
unjust as applied to the particular | 7 | | case.
If the Illinois Supreme Court finds that the
death | 8 | | sentence is fundamentally unjust as applied to the particular | 9 | | case,
independent of any procedural grounds for relief, the | 10 | | Illinois Supreme Court
shall issue a written opinion explaining | 11 | | this finding.
| 12 | | (l) (j) Disposition of reversed death sentence.
| 13 | | In the event that the death penalty in this Act is held to | 14 | | be
unconstitutional by the Supreme Court of the United States | 15 | | or of the
State of Illinois, any person convicted of first | 16 | | degree murder shall be
sentenced by the court to a term of | 17 | | imprisonment under Chapter V of the
Unified Code of | 18 | | Corrections.
| 19 | | In the event that any death sentence pursuant to the | 20 | | sentencing
provisions of this Section is declared | 21 | | unconstitutional by the Supreme
Court of the United States or | 22 | | of the State of Illinois, the court having
jurisdiction over a | 23 | | person previously sentenced to death shall cause the
defendant | 24 | | to be brought before the court, and the court shall sentence
| 25 | | the defendant to a term of imprisonment under Chapter V of the
| 26 | | Unified Code of Corrections.
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| 1 | | (m) (k) Guidelines for seeking the death penalty.
| 2 | | The Attorney General and
State's Attorneys Association | 3 | | shall consult on voluntary guidelines for
procedures governing | 4 | | whether or not to seek the death penalty. The guidelines
do not
| 5 | | have the force of law and are only advisory in nature.
| 6 | | (n) For purposes of paragraph (c)(14), "disabled person" | 7 | | means a person who suffers from a permanent physical or mental | 8 | | impairment resulting from disease, an injury, a functional | 9 | | disorder, or a congenital condition that renders the person | 10 | | incapable of adequately providing for his or her own health or | 11 | | personal care. | 12 | | For purposes of paragraph (c)(9), "emergency medical | 13 | | technician" means an emergency medical technician-ambulance, | 14 | | emergency medical technician-intermediate, emergency medical | 15 | | technician-paramedic, ambulance driver, or other medical | 16 | | assistance or first aid personnel, employed by a municipality | 17 | | or other governmental unit. | 18 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.) | 19 | | Section 10. The Unified Code of Corrections is amended by | 20 | | changing Section 5-8-1 as follows:
| 21 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 22 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 23 | | use of a firearm; mandatory supervised release terms.
| 24 | | (a) Except as otherwise provided in the statute defining |
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| 1 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 2 | | imprisonment for a felony shall be a determinate sentence set | 3 | | by
the court under this Section, according to the following | 4 | | limitations:
| 5 | | (1) for first degree murder,
| 6 | | (a) (blank),
| 7 | | (b) if a trier of fact finds beyond a reasonable
| 8 | | doubt that the murder was accompanied by exceptionally
| 9 | | brutal or heinous behavior indicative of wanton | 10 | | cruelty or, except as set forth
in subsection (a)(1)(c) | 11 | | of this Section, that any of the aggravating factors
| 12 | | listed in subsection (b) or (c) (b-5) of Section 9-1 of | 13 | | the Criminal Code of 1961 are
present, the court may | 14 | | sentence the defendant to a term of natural life
| 15 | | imprisonment, or
| 16 | | (c) the court shall sentence the defendant to a | 17 | | term of natural life
imprisonment when the death | 18 | | penalty is not imposed if the defendant,
| 19 | | (i) has previously been convicted of first | 20 | | degree murder under
any state or federal law, or
| 21 | | (ii) is a person who, at the time of the | 22 | | commission of the murder,
had attained the age of | 23 | | 17 or more and is found guilty of murdering an
| 24 | | individual under 12 years of age; or, irrespective | 25 | | of the defendant's age at
the time of the | 26 | | commission of the offense, is found guilty of |
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| 1 | | murdering more
than one victim, or
| 2 | | (iii) is found guilty of murdering a peace | 3 | | officer, fireman, or emergency management worker | 4 | | when
the peace officer, fireman, or emergency | 5 | | management worker was killed in the course of | 6 | | performing his
or her official duties, or to | 7 | | prevent the peace officer or fireman from
| 8 | | performing his or her official duties, or in | 9 | | retaliation for the peace officer,
fireman, or | 10 | | emergency management worker from performing his or | 11 | | her official duties, and the defendant knew or | 12 | | should
have known that the murdered individual was | 13 | | a peace officer, fireman, or emergency management | 14 | | worker, or
| 15 | | (iv) is found guilty of murdering an employee | 16 | | of an institution or
facility of the Department of | 17 | | Corrections, or any similar local
correctional | 18 | | agency, when the employee was killed in the course | 19 | | of
performing his or her official duties, or to | 20 | | prevent the employee from performing
his or her | 21 | | official duties, or in retaliation for the | 22 | | employee performing his or her
official duties, or
| 23 | | (v) is found guilty of murdering an emergency | 24 | | medical
technician - ambulance, emergency medical | 25 | | technician - intermediate, emergency
medical | 26 | | technician - paramedic, ambulance driver or other |
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| 1 | | medical assistance or
first aid person while | 2 | | employed by a municipality or other governmental | 3 | | unit
when the person was killed in the course of | 4 | | performing official duties or
to prevent the | 5 | | person from performing official duties or in | 6 | | retaliation
for performing official duties and the | 7 | | defendant knew or should have known
that the | 8 | | murdered individual was an emergency medical | 9 | | technician - ambulance,
emergency medical | 10 | | technician - intermediate, emergency medical
| 11 | | technician - paramedic, ambulance driver, or other | 12 | | medical
assistant or first aid personnel, or
| 13 | | (vi) is a person who, at the time of the | 14 | | commission of the murder,
had not attained the age | 15 | | of 17, and is found guilty of murdering a person | 16 | | under
12 years of age and the murder is committed | 17 | | during the course of aggravated
criminal sexual | 18 | | assault, criminal sexual assault, or aggravated | 19 | | kidnaping,
or
| 20 | | (vii) is found guilty of first degree murder | 21 | | and the murder was
committed by reason of any | 22 | | person's activity as a community policing | 23 | | volunteer
or to prevent any person from engaging in | 24 | | activity as a community policing
volunteer. For | 25 | | the purpose of this Section, "community policing | 26 | | volunteer"
has the meaning ascribed to it in |
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| 1 | | Section 2-3.5 of the Criminal Code of 1961.
| 2 | | For purposes of clause (v), "emergency medical | 3 | | technician - ambulance",
"emergency medical technician - | 4 | | intermediate", "emergency medical technician -
| 5 | | paramedic", have the meanings ascribed to them in the | 6 | | Emergency Medical
Services (EMS) Systems Act.
| 7 | | (d) (i) if the person committed the offense while | 8 | | armed with a
firearm, 15 years shall be added to | 9 | | the term of imprisonment imposed by the
court;
| 10 | | (ii) if, during the commission of the offense, | 11 | | the person
personally discharged a firearm, 20 | 12 | | years shall be added to the term of
imprisonment | 13 | | imposed by the court;
| 14 | | (iii) if, during the commission of the | 15 | | offense, the person
personally discharged a | 16 | | firearm that proximately caused great bodily harm,
| 17 | | permanent disability, permanent disfigurement, or | 18 | | death to another person, 25
years or up to a term | 19 | | of natural life shall be added to the term of
| 20 | | imprisonment imposed by the court.
| 21 | | (2) (blank);
| 22 | | (2.5) for a person convicted under the circumstances | 23 | | described in
paragraph (3) of subsection (b) of Section | 24 | | 12-13, paragraph (2) of subsection
(d) of Section 12-14, | 25 | | paragraph (1.2) of subsection (b) of
Section 12-14.1, or | 26 | | paragraph (2) of subsection (b) of Section 12-14.1
of the |
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| 1 | | Criminal Code of 1961, the sentence shall be a term of | 2 | | natural life
imprisonment.
| 3 | | (b) (Blank).
| 4 | | (c) (Blank).
| 5 | | (d) Subject to
earlier termination under Section 3-3-8, the | 6 | | parole or mandatory
supervised release term shall be as | 7 | | follows:
| 8 | | (1) for first degree murder or a Class X felony except | 9 | | for the offenses of predatory criminal sexual assault of a | 10 | | child, aggravated criminal sexual assault, and criminal | 11 | | sexual assault if committed on or after the effective date | 12 | | of this amendatory Act of the 94th General Assembly and | 13 | | except for the offense of aggravated child pornography | 14 | | under Section 11-20.3 of the Criminal Code of 1961, if | 15 | | committed on or after January 1, 2009, 3 years;
| 16 | | (2) for a Class 1 felony or a Class 2 felony except for | 17 | | the offense of criminal sexual assault if committed on or | 18 | | after the effective date of this amendatory Act of the 94th | 19 | | General Assembly and except for the offenses of manufacture | 20 | | and dissemination of child pornography under clauses | 21 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 22 | | of 1961, if committed on or after January 1, 2009, 2 years;
| 23 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 24 | | (4) for defendants who commit the offense of predatory | 25 | | criminal sexual assault of a child, aggravated criminal | 26 | | sexual assault, or criminal sexual assault, on or after the |
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| 1 | | effective date of this amendatory Act of the 94th General | 2 | | Assembly, or who commit the offense of aggravated child | 3 | | pornography, manufacture of child pornography, or | 4 | | dissemination of child pornography after January 1, 2009, | 5 | | the term of mandatory supervised release shall range from a | 6 | | minimum of 3 years to a maximum of the natural life of the | 7 | | defendant;
| 8 | | (5) if the victim is under 18 years of age, for a | 9 | | second or subsequent
offense of aggravated criminal sexual | 10 | | abuse or felony criminal sexual abuse,
4 years, at least | 11 | | the first 2 years of which the defendant shall serve in an
| 12 | | electronic home detention program under Article 8A of | 13 | | Chapter V of this Code;
| 14 | | (6) for a felony domestic battery, aggravated domestic | 15 | | battery, stalking, aggravated stalking, and a felony | 16 | | violation of an order of protection, 4 years. | 17 | | (e) (Blank).
| 18 | | (f) (Blank).
| 19 | | (Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09; | 20 | | 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1200, eff. | 21 | | 7-22-10; 96-1475, eff. 1-1-11; revised 9-16-10.)
| 22 | | (725 ILCS 5/119-1 rep.) | 23 | | Section 15. The Code of Criminal Procedure of 1963 is | 24 | | amended by repealing Section 119-1 as added by Public Act | 25 | | 96-1543. |
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| 1 | | (P.A. 96-1543, Sec. 15 rep.) | 2 | | Section 20. "An Act concerning criminal law", approved | 3 | | March 9, 2011, Public Act 96-1543, is amended by repealing | 4 | | Section 15.
| 5 | | Section 99. Effective date. This Act takes effect July 1, | 6 | | 2011.".
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