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(725 ILCS 5/119-5) (from Ch. 38, par. 119-5)
Sec. 119-5.
Execution of Death Sentence.
(a)(1) A defendant sentenced to death shall be executed |
| by an intravenous administration of a lethal quantity of an ultrashort-acting barbiturate in combination with a chemical paralytic agent and potassium chloride or other equally effective substances sufficient to cause death until death is pronounced by a coroner who is not a licensed physician.
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(2) If the execution of the sentence of death as
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| provided in paragraph (1) is held illegal or unconstitutional by a reviewing court of competent jurisdiction, the sentence of death shall be carried out by electrocution.
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(b) In pronouncing the sentence of death the court shall set the date of
the execution which shall be not less than 60 nor more than 90 days from
the date sentence is pronounced.
(c) A sentence of death shall be executed at a Department of
Corrections facility.
(d) The warden of the penitentiary shall supervise such execution,
which shall be conducted in the presence of 6 witnesses who shall certify the
execution of the sentence. The certification shall be filed with the clerk of
the court that imposed the sentence.
(d-5) The Department of Corrections shall not request, require, or allow a
health care practitioner licensed in Illinois,
including but not limited to physicians and nurses, regardless of employment,
to participate in an execution.
(e) Except as otherwise provided in this subsection (e), the identity of
executioners and other persons who participate or
perform ancillary functions in an execution and information contained in
records that would identify those persons shall remain confidential,
shall not be subject to disclosure, and shall not be admissible as evidence
or be discoverable in any action of any kind in any court or before any
tribunal, board, agency, or person. In order to protect the confidentiality
of persons participating in an execution, the Director of Corrections may
direct that the Department make payments in cash for such services.
In confidential investigations by the Department of Professional Regulation,
the Department of Corrections shall disclose the
names and license numbers of health care practitioners participating or
performing ancillary functions in an execution to the
Department of Professional Regulation and the Department of Professional
Regulation shall forward those names and license
numbers to the appropriate disciplinary boards.
(f) The amendatory changes to this Section made by this amendatory Act
of 1991 are severable under Section 1.31 of the Statute on Statutes.
(g) (Blank).
(h) Notwithstanding any other provision of law, any
pharmaceutical supplier is authorized to dispense
drugs to the Director of Corrections or his or her designee, without
prescription, in order to carry out the provisions of this Section.
(i) The amendatory changes to this Section made by this amendatory Act of
the 93rd General Assembly are severable
under Section 1.31 of the Statute on Statutes.
(Source: P.A. 93-379, eff. 7-24-03.)
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