Full Text of SB1948 98th General Assembly
SB1948sam001 98TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 4/12/2013
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| 1 | | AMENDMENT TO SENATE BILL 1948
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1948 by replacing | 3 | | the title with the following: | 4 | | "AN ACT concerning criminal law, which may be referred to | 5 | | as Chelsea's Law."; and | 6 | | by replacing everything after the enacting clause with the | 7 | | following:
| 8 | | "Section 5. The Criminal Code of 2012 is amended by | 9 | | changing Sections 9-1 and 11-1.40 as follows: | 10 | | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | 11 | | Sec. 9-1. First degree Murder - Death penalties - | 12 | | Exceptions - Separate
Hearings - Proof - Findings - Appellate | 13 | | procedures - Reversals.
| 14 | | (a) A person who kills an individual without lawful | 15 | | justification commits
first degree murder if, in performing the |
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| 1 | | acts which cause the death:
| 2 | | (1) he either intends to kill or do great bodily harm | 3 | | to that
individual or another, or knows that such acts will | 4 | | cause death to that
individual or another; or
| 5 | | (2) he knows that such acts create a strong probability | 6 | | of death or
great bodily harm to that individual or | 7 | | another; or
| 8 | | (3) he is attempting or committing a forcible felony | 9 | | other than
second degree murder.
| 10 | | (b) Aggravating Factors. A defendant who at the time of the
| 11 | | commission of the offense has attained the age of 18 or more | 12 | | and who has
been found guilty of first degree murder may be | 13 | | sentenced to death if:
| 14 | | (1) the murdered individual was a peace officer or | 15 | | fireman killed in
the course of performing his official | 16 | | duties, to prevent the performance
of his official duties, | 17 | | or in retaliation for performing his official
duties, and | 18 | | the defendant knew or
should have known that the murdered | 19 | | individual was a peace officer or
fireman; or
| 20 | | (2) the murdered individual was an employee of an | 21 | | institution or
facility of the Department of Corrections, | 22 | | or any similar local
correctional agency, killed in the | 23 | | course of performing his official
duties, to prevent the | 24 | | performance of his official duties, or in
retaliation for | 25 | | performing his official duties, or the murdered
individual | 26 | | was an inmate at such institution or facility and was |
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| 1 | | killed on the
grounds thereof, or the murdered individual | 2 | | was otherwise present in such
institution or facility with | 3 | | the knowledge and approval of the chief
administrative | 4 | | officer thereof; or
| 5 | | (3) the defendant has been convicted of murdering two | 6 | | or more
individuals under subsection (a) of this Section or | 7 | | under any law of the
United States or of any state which is | 8 | | substantially similar to
subsection (a) of this Section | 9 | | regardless of whether the deaths
occurred as the result of | 10 | | the same act or of several related or
unrelated acts so | 11 | | long as the deaths were the result of either an intent
to | 12 | | kill more than one person or of separate acts which
the | 13 | | defendant knew would cause death or create a strong | 14 | | probability of
death or great bodily harm to the murdered | 15 | | individual or another; or
| 16 | | (4) the murdered individual was killed as a result of | 17 | | the
hijacking of an airplane, train, ship, bus or other | 18 | | public conveyance; or
| 19 | | (5) the defendant committed the murder pursuant to a | 20 | | contract,
agreement or understanding by which he was to | 21 | | receive money or anything
of value in return for committing | 22 | | the murder or procured another to
commit the murder for | 23 | | money or anything of value; or
| 24 | | (6) the murdered individual was killed in the course of | 25 | | another felony if:
| 26 | | (a) the murdered individual:
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| 1 | | (i) was actually killed by the defendant, or
| 2 | | (ii) received physical injuries personally | 3 | | inflicted by the defendant
substantially | 4 | | contemporaneously with physical injuries caused by | 5 | | one or
more persons for whose conduct the defendant | 6 | | is legally accountable under
Section 5-2 of this | 7 | | Code, and the physical injuries inflicted by | 8 | | either
the defendant or the other person or persons | 9 | | for whose conduct he is legally
accountable caused | 10 | | the death of the murdered individual; and
| 11 | | (b) in performing the acts which caused the death | 12 | | of the murdered
individual or which resulted in | 13 | | physical injuries personally inflicted by
the | 14 | | defendant on the murdered individual under the | 15 | | circumstances of
subdivision (ii) of subparagraph (a) | 16 | | of paragraph (6) of subsection (b) of
this Section, the | 17 | | defendant acted with the intent to kill the murdered
| 18 | | individual or with the knowledge that his acts created | 19 | | a strong probability
of death or great bodily harm to | 20 | | the murdered individual or another; and
| 21 | | (c) the other felony was an inherently violent | 22 | | crime
or the attempt to commit an inherently
violent | 23 | | crime.
In this subparagraph (c), "inherently violent | 24 | | crime" includes, but is not
limited to, armed robbery, | 25 | | robbery, predatory criminal sexual assault of a
child,
| 26 | | aggravated criminal sexual assault, criminal sexual |
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| 1 | | abuse, aggravated criminal sexual abuse, aggravated | 2 | | kidnapping, aggravated vehicular
hijacking,
aggravated | 3 | | arson, aggravated stalking, residential burglary, and | 4 | | home
invasion; or
| 5 | | (7) the murdered individual was under 12 years of age | 6 | | and the
death resulted from exceptionally brutal or heinous | 7 | | behavior indicative of
wanton cruelty; or
| 8 | | (8) the defendant committed the murder with intent to
| 9 | | prevent the murdered individual from testifying or | 10 | | participating in any
criminal investigation or prosecution
| 11 | | or giving material assistance to the State in any | 12 | | investigation or
prosecution, either against the defendant | 13 | | or another; or the defendant
committed the murder because | 14 | | the murdered individual was a witness in any
prosecution or | 15 | | gave material assistance to the State in any investigation
| 16 | | or prosecution, either against the defendant or another;
| 17 | | for purposes of this paragraph (8), "participating in any | 18 | | criminal
investigation
or prosecution" is intended to | 19 | | include those appearing in the proceedings in
any capacity | 20 | | such as trial judges, prosecutors, defense attorneys,
| 21 | | investigators, witnesses, or jurors; or
| 22 | | (9) the defendant, while committing an offense | 23 | | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | 24 | | 407 or 407.1 or subsection (b) of
Section
404 of the | 25 | | Illinois Controlled Substances Act, or while engaged in a
| 26 | | conspiracy or solicitation to commit such offense, |
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| 1 | | intentionally killed an
individual or counseled, | 2 | | commanded, induced, procured or caused the
intentional | 3 | | killing of the murdered individual; or
| 4 | | (10) the defendant was incarcerated in an institution | 5 | | or facility of
the Department of Corrections at the time of | 6 | | the murder, and while
committing an offense punishable as a | 7 | | felony under Illinois law, or while
engaged in a conspiracy | 8 | | or solicitation to commit such offense,
intentionally | 9 | | killed an individual or counseled, commanded, induced,
| 10 | | procured or caused the intentional killing of the murdered | 11 | | individual; or
| 12 | | (11) the murder was committed in a cold, calculated and | 13 | | premeditated
manner pursuant to a preconceived plan, | 14 | | scheme or design to take a human
life by unlawful means, | 15 | | and the conduct of the defendant created a
reasonable | 16 | | expectation that the death of a human being would result
| 17 | | therefrom; or
| 18 | | (12) the murdered individual was an emergency medical | 19 | | technician -
ambulance, emergency medical technician - | 20 | | intermediate, emergency medical
technician - paramedic, | 21 | | ambulance driver, or
other medical assistance or first aid | 22 | | personnel, employed by a municipality
or other | 23 | | governmental unit, killed in the course of performing his | 24 | | official
duties, to prevent the performance of his official | 25 | | duties, or in retaliation
for performing his official | 26 | | duties, and the defendant knew or should have
known that |
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| 1 | | the murdered individual was an emergency medical | 2 | | technician -
ambulance, emergency medical technician - | 3 | | intermediate, emergency medical
technician - paramedic, | 4 | | ambulance driver, or
other medical assistance or first aid | 5 | | personnel; or
| 6 | | (13) the defendant was a principal administrator, | 7 | | organizer, or leader
of a calculated criminal drug | 8 | | conspiracy consisting of a hierarchical position
of | 9 | | authority superior to that of all other members of the | 10 | | conspiracy, and the
defendant counseled, commanded, | 11 | | induced, procured, or caused the intentional
killing of the | 12 | | murdered person;
or
| 13 | | (14) the murder was intentional and involved the | 14 | | infliction of torture.
For
the purpose of this Section | 15 | | torture means the infliction of or subjection to
extreme | 16 | | physical pain, motivated by an intent to increase or | 17 | | prolong the pain,
suffering or agony of the victim; or
| 18 | | (15) the murder was committed as a result of the | 19 | | intentional discharge
of a firearm by the defendant from a | 20 | | motor vehicle and the victim was not
present within the | 21 | | motor vehicle; or
| 22 | | (16) the murdered individual was 60 years of age or | 23 | | older and the death
resulted
from exceptionally brutal or | 24 | | heinous behavior indicative of wanton cruelty; or
| 25 | | (17) the murdered individual was a disabled person and | 26 | | the defendant knew
or
should have known that the murdered |
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| 1 | | individual was disabled. For purposes of
this paragraph | 2 | | (17), "disabled person" means a person who suffers from a
| 3 | | permanent physical or mental impairment resulting from | 4 | | disease, an injury,
a functional disorder, or a congenital | 5 | | condition that renders the person
incapable of
adequately | 6 | | providing for his or her own health or personal care; or
| 7 | | (18) the murder was committed by reason of any person's | 8 | | activity as a
community policing volunteer or to prevent | 9 | | any person from engaging in activity
as a community | 10 | | policing volunteer; or
| 11 | | (19) the murdered individual was subject to an order of | 12 | | protection and the
murder was committed by a person against | 13 | | whom the same order of protection was
issued under the | 14 | | Illinois Domestic Violence Act of 1986; or
| 15 | | (20) the murdered individual was known by the defendant | 16 | | to be a teacher or
other person employed in any school and | 17 | | the teacher or other employee is upon
the grounds of a | 18 | | school or grounds adjacent to a school, or is in any part | 19 | | of a
building used for school purposes; or
| 20 | | (21) the murder was committed by the defendant in | 21 | | connection with or as
a
result of the offense of terrorism | 22 | | as defined in Section 29D-14.9 of this
Code.
| 23 | | (b-5) Aggravating Factor; Natural Life Imprisonment. A | 24 | | defendant who has been found guilty of first degree murder and | 25 | | who at the time of the commission of the offense had attained | 26 | | the age of 18 years or more may be sentenced to natural life |
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| 1 | | imprisonment if
(i) the murdered individual was a physician, | 2 | | physician assistant, psychologist, nurse, or advanced practice | 3 | | nurse, (ii) the defendant knew or should have
known that the | 4 | | murdered individual was a physician, physician assistant, | 5 | | psychologist, nurse, or advanced practice nurse, and (iii) the | 6 | | murdered individual was killed in the course of acting in his | 7 | | or her capacity as a physician, physician assistant, | 8 | | psychologist, nurse, or advanced practice nurse, or to prevent | 9 | | him or her from acting in that capacity, or in retaliation
for | 10 | | his or her acting in that capacity. | 11 | | (c) Consideration of factors in Aggravation and | 12 | | Mitigation.
| 13 | | The court shall consider, or shall instruct the jury to | 14 | | consider any
aggravating and any mitigating factors which are | 15 | | relevant to the
imposition of the death penalty. Aggravating | 16 | | factors may include but
need not be limited to those factors | 17 | | set forth in subsection (b).
Mitigating factors may include but | 18 | | need not be limited to the following:
| 19 | | (1) the defendant has no significant history of prior | 20 | | criminal
activity;
| 21 | | (2) the murder was committed while the defendant was | 22 | | under
the influence of extreme mental or emotional | 23 | | disturbance, although not such
as to constitute a defense | 24 | | to prosecution;
| 25 | | (3) the murdered individual was a participant in the
| 26 | | defendant's homicidal conduct or consented to the |
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| 1 | | homicidal act;
| 2 | | (4) the defendant acted under the compulsion of threat | 3 | | or
menace of the imminent infliction of death or great | 4 | | bodily harm;
| 5 | | (5) the defendant was not personally present during
| 6 | | commission of the act or acts causing death;
| 7 | | (6) the defendant's background includes a history of | 8 | | extreme emotional
or physical abuse;
| 9 | | (7) the defendant suffers from a reduced mental | 10 | | capacity.
| 11 | | (d) Separate sentencing hearing.
| 12 | | Where requested by the State, the court shall conduct a | 13 | | separate
sentencing proceeding to determine the existence of | 14 | | factors set forth in
subsection (b) and to consider any | 15 | | aggravating or mitigating factors as
indicated in subsection | 16 | | (c). The proceeding shall be conducted:
| 17 | | (1) before the jury that determined the defendant's | 18 | | guilt; or
| 19 | | (2) before a jury impanelled for the purpose of the | 20 | | proceeding if:
| 21 | | A. the defendant was convicted upon a plea of | 22 | | guilty; or
| 23 | | B. the defendant was convicted after a trial before | 24 | | the court
sitting without a jury; or
| 25 | | C. the court for good cause shown discharges the | 26 | | jury that
determined the defendant's guilt; or
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| 1 | | (3) before the court alone if the defendant waives a | 2 | | jury
for the separate proceeding.
| 3 | | (e) Evidence and Argument.
| 4 | | During the proceeding any information relevant to any of | 5 | | the factors
set forth in subsection (b) may be presented by | 6 | | either the State or the
defendant under the rules governing the | 7 | | admission of evidence at
criminal trials. Any information | 8 | | relevant to any additional aggravating
factors or any | 9 | | mitigating factors indicated in subsection (c) may be
presented | 10 | | by the State or defendant regardless of its admissibility
under | 11 | | the rules governing the admission of evidence at criminal | 12 | | trials.
The State and the defendant shall be given fair | 13 | | opportunity to rebut any
information received at the hearing.
| 14 | | (f) Proof.
| 15 | | The burden of proof of establishing the existence of any of | 16 | | the
factors set forth in subsection (b) is on the State and | 17 | | shall not be
satisfied unless established beyond a reasonable | 18 | | 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 that
| 25 | | one or more of the factors set forth in subsection (b) exist, | 26 | | the jury
shall consider aggravating and mitigating factors as |
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| 1 | | instructed by the
court and shall determine whether the | 2 | | sentence of death shall be
imposed. If the jury determines | 3 | | unanimously, after weighing the factors in
aggravation and | 4 | | mitigation, that death is the appropriate sentence, the court | 5 | | shall sentence the defendant to death.
If the court does not | 6 | | concur with the jury determination that death is the
| 7 | | appropriate sentence, the court shall set forth reasons in | 8 | | writing
including what facts or circumstances the court relied | 9 | | upon,
along with any relevant
documents, that compelled the | 10 | | court to non-concur with the sentence. This
document and any | 11 | | attachments shall be part of the record for appellate
review. | 12 | | The court shall be bound by the jury's sentencing | 13 | | determination.
| 14 | | If after weighing the factors in aggravation and | 15 | | mitigation, one or more
jurors determines that death is not the | 16 | | appropriate sentence,
the
court shall sentence the defendant to | 17 | | a term of imprisonment under
Chapter V of the Unified Code of | 18 | | Corrections.
| 19 | | (h) Procedure - No Jury.
| 20 | | In a proceeding before the court alone, if the court finds | 21 | | that none
of the factors found in subsection (b) exists, the | 22 | | court shall sentence
the defendant to a term of imprisonment | 23 | | under Chapter V of the Unified
Code of Corrections.
| 24 | | If the Court determines that one or more of the factors set | 25 | | forth in
subsection (b) exists, the Court shall consider any | 26 | | aggravating and
mitigating factors as indicated in subsection |
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| 1 | | (c). If the Court
determines, after weighing the factors in | 2 | | aggravation and mitigation, that
death is the appropriate | 3 | | sentence, the Court shall sentence the
defendant to death.
| 4 | | If
the court finds that death is not the
appropriate | 5 | | sentence, the
court shall sentence the defendant to a term of | 6 | | imprisonment under
Chapter V of the Unified Code of | 7 | | Corrections.
| 8 | | (h-5) Decertification as a capital case.
| 9 | | In a case in which the defendant has been found guilty of | 10 | | first degree murder
by a judge or jury, or a case on remand for | 11 | | resentencing, and the State seeks
the death penalty as an | 12 | | appropriate
sentence,
on the court's own motion or the written | 13 | | motion of the defendant, the court
may decertify the case as a | 14 | | death penalty case if the court finds that the only
evidence | 15 | | supporting the defendant's conviction is the uncorroborated | 16 | | testimony
of an informant witness, as defined in Section 115-21 | 17 | | of the Code of Criminal
Procedure of 1963, concerning the | 18 | | confession or admission of the defendant or
that the sole | 19 | | evidence against the defendant is a single eyewitness or single
| 20 | | accomplice without any other corroborating evidence.
If the | 21 | | court decertifies the case as a capital case
under either of | 22 | | the grounds set forth above, the court shall issue a
written | 23 | | finding. The State may pursue its right to appeal the | 24 | | decertification
pursuant to Supreme Court Rule 604(a)(1). If | 25 | | the court does not
decertify the case as a capital case, the | 26 | | matter shall proceed to the
eligibility phase of the sentencing |
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| 1 | | hearing.
| 2 | | (i) Appellate Procedure.
| 3 | | The conviction and sentence of death shall be subject to | 4 | | automatic
review by the Supreme Court. Such review shall be in | 5 | | accordance with
rules promulgated by the Supreme Court.
The | 6 | | Illinois Supreme Court may overturn the death sentence, and | 7 | | order the
imposition of imprisonment under Chapter V of the | 8 | | Unified Code of
Corrections if the court finds that the death | 9 | | sentence is fundamentally
unjust as applied to the particular | 10 | | case.
If the Illinois Supreme Court finds that the
death | 11 | | sentence is fundamentally unjust as applied to the particular | 12 | | case,
independent of any procedural grounds for relief, the | 13 | | Illinois Supreme Court
shall issue a written opinion explaining | 14 | | this finding.
| 15 | | (j) Disposition of reversed death sentence.
| 16 | | In the event that the death penalty in this Act is held to | 17 | | be
unconstitutional by the Supreme Court of the United States | 18 | | or of the
State of Illinois, any person convicted of first | 19 | | degree murder shall be
sentenced by the court to a term of | 20 | | imprisonment under Chapter V of the
Unified Code of | 21 | | Corrections.
| 22 | | In the event that any death sentence pursuant to the | 23 | | sentencing
provisions of this Section is declared | 24 | | unconstitutional by the Supreme
Court of the United States or | 25 | | of the State of Illinois, the court having
jurisdiction over a | 26 | | person previously sentenced to death shall cause the
defendant |
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| 1 | | to be brought before the court, and the court shall sentence
| 2 | | the defendant to a term of imprisonment under Chapter V of the
| 3 | | Unified Code of Corrections.
| 4 | | (k) Guidelines for seeking the death penalty.
| 5 | | The Attorney General and
State's Attorneys Association | 6 | | shall consult on voluntary guidelines for
procedures governing | 7 | | whether or not to seek the death penalty. The guidelines
do not
| 8 | | have the force of law and are only advisory in nature.
| 9 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)
| 10 | | (720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
| 11 | | Sec. 11-1.40. Predatory criminal sexual assault of a child.
| 12 | | (a) A person commits predatory criminal sexual assault of a | 13 | | child if that person commits an act of sexual penetration, is | 14 | | 17 years of age or older, and: | 15 | | (1) the victim is under 14 13 years of age; or | 16 | | (2) the victim is under 14 13 years of age and that | 17 | | person: | 18 | | (A) is armed with a firearm; | 19 | | (B) (blank); personally discharges a firearm | 20 | | during the commission of the offense; | 21 | | (C) causes great bodily harm to the victim that: | 22 | | (i) results in permanent disability; or | 23 | | (ii) is life threatening; or | 24 | | (D) delivers (by injection, inhalation, ingestion, | 25 | | transfer of possession, or any other means) any |
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| 1 | | controlled substance to the victim without the | 2 | | victim's consent or by threat or deception, for other | 3 | | than medical purposes.
| 4 | | (b) Sentence.
| 5 | | (1) A person convicted of a violation of subsection | 6 | | (a)(1)
commits a Class X felony, for which the person shall | 7 | | be sentenced to a term of imprisonment of not less than 10 | 8 | | 6 years and not more than 60 years unless the offense is | 9 | | committed against a child who was under 10 years of age at | 10 | | the time of the commission of the offense in which case the | 11 | | person shall be sentenced to a term of natural life | 12 | | imprisonment .
A person convicted of a violation of | 13 | | subsection (a)(2)(A) commits a Class X
felony for which 15 | 14 | | years shall be added to the term of imprisonment imposed by
| 15 | | the court. A person convicted of a violation of subsection | 16 | | (a)(2)(B) commits a
Class X felony for which 20 years shall | 17 | | be added to the term of imprisonment
imposed by the court. | 18 | | A person convicted of a violation of subsection (a)(2) | 19 | | (a)(2)(C)
commits a Class X felony for which the person | 20 | | shall be sentenced to a term of
imprisonment of not less | 21 | | than 50 years or up to a term of natural life
imprisonment.
| 22 | | (1.1) (Blank). A person convicted of a violation of | 23 | | subsection (a)(2)(D) commits a
Class X felony for which the | 24 | | person
shall be
sentenced to a
term of imprisonment of not | 25 | | less than 50 years and not more than 60 years.
| 26 | | (1.2) A person convicted of predatory criminal sexual |
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| 1 | | assault of a child
committed
against 2 or more persons | 2 | | regardless of whether the offenses occurred as the
result | 3 | | of the same act or of several related or unrelated acts | 4 | | shall be
sentenced to a term of natural life imprisonment.
| 5 | | (2) A person who is convicted of a second or subsequent | 6 | | offense of
predatory criminal sexual assault of a child, or | 7 | | who is convicted of the
offense of
predatory criminal | 8 | | sexual assault of a child after having previously been
| 9 | | convicted of the offense of criminal sexual assault or the | 10 | | offense of
aggravated criminal sexual assault, or who is | 11 | | convicted of the offense of
predatory criminal sexual | 12 | | assault of a child after having previously been
convicted | 13 | | under the laws of this State
or any other state of an | 14 | | offense that is substantially equivalent to the
offense
of | 15 | | predatory criminal sexual assault of a child, the offense | 16 | | of aggravated
criminal sexual assault or the offense of | 17 | | criminal sexual assault, shall be
sentenced to a term of | 18 | | natural life imprisonment.
The commission of the second or | 19 | | subsequent offense is required to have been
after the | 20 | | initial conviction for this paragraph (2) to apply.
| 21 | | (Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11 .)".
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