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90_HB3505
720 ILCS 5/9-1 from Ch. 38, par. 9-1
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
Amends the Criminal Code of 1961. Provides that the
killing of an individual as the result of the intentional
discharge of a machine gun or of a firearm that was equipped
with a silencing device or of the intentional explosion of a
bomb, grenade, bottle, or other container containing an
explosive substance of over one-quarter ounce are aggravating
factors for which the death penalty may be imposed for first
degree murder. Amends the Unified Code of Corrections to
make changes in the circumstances under which the imposition
of a term of natural life imprisonment for first degree
murder is mandatory. Effective immediately.
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1 AN ACT in relation to the penalty for first degree
2 murder, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 9-1 as follows:
7 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
8 Sec. 9-1. First degree Murder - Death penalties -
9 Exceptions - Separate Hearings - Proof - Findings - Appellate
10 procedures - Reversals.
11 (a) A person who kills an individual without lawful
12 justification commits first degree murder if, in performing
13 the acts which cause the death:
14 (1) he either intends to kill or do great bodily
15 harm to that individual or another, or knows that such
16 acts will cause death to that individual or another; or
17 (2) he knows that such acts create a strong
18 probability of death or great bodily harm to that
19 individual or another; or
20 (3) he is attempting or committing a forcible
21 felony other than second degree murder.
22 (b) Aggravating Factors. A defendant who at the time of
23 the commission of the offense has attained the age of 18 or
24 more and who has been found guilty of first degree murder may
25 be sentenced to death if:
26 (1) the murdered individual was a peace officer or
27 fireman killed in the course of performing his official
28 duties, to prevent the performance of his official
29 duties, or in retaliation for performing his official
30 duties, and the defendant knew or should have known that
31 the murdered individual was a peace officer or fireman;
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1 or
2 (2) the murdered individual was an employee of an
3 institution or facility of the Department of Corrections,
4 or any similar local correctional agency, killed in the
5 course of performing his official duties, to prevent the
6 performance of his official duties, or in retaliation for
7 performing his official duties, or the murdered
8 individual was an inmate at such institution or facility
9 and was killed on the grounds thereof, or the murdered
10 individual was otherwise present in such institution or
11 facility with the knowledge and approval of the chief
12 administrative officer thereof; or
13 (3) the defendant has been convicted of murdering
14 two or more individuals under subsection (a) of this
15 Section or under any law of the United States or of any
16 state which is substantially similar to subsection (a) of
17 this Section regardless of whether the deaths occurred
18 as the result of the same act or of several related or
19 unrelated acts so long as the deaths were the result of
20 either an intent to kill more than one person or of
21 separate acts which the defendant knew would cause death
22 or create a strong probability of death or great bodily
23 harm to the murdered individual or another; or
24 (4) the murdered individual was killed as a result
25 of the hijacking of an airplane, train, ship, bus or
26 other public conveyance; or
27 (5) the defendant committed the murder pursuant to
28 a contract, agreement or understanding by which he was to
29 receive money or anything of value in return for
30 committing the murder or procured another to commit the
31 murder for money or anything of value; or
32 (6) the murdered individual was killed in the
33 course of another felony if:
34 (a) the murdered individual:
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1 (i) was actually killed by the defendant,
2 or
3 (ii) received physical injuries
4 personally inflicted by the defendant
5 substantially contemporaneously with physical
6 injuries caused by one or more persons for
7 whose conduct the defendant is legally
8 accountable under Section 5-2 of this Code, and
9 the physical injuries inflicted by either the
10 defendant or the other person or persons for
11 whose conduct he is legally accountable caused
12 the death of the murdered individual; and
13 (b) in performing the acts which caused the
14 death of the murdered individual or which resulted
15 in physical injuries personally inflicted by the
16 defendant on the murdered individual under the
17 circumstances of subdivision (ii) of subparagraph
18 (a) of paragraph (6) of subsection (b) of this
19 Section, the defendant acted with the intent to kill
20 the murdered individual or with the knowledge that
21 his acts created a strong probability of death or
22 great bodily harm to the murdered individual or
23 another; and
24 (c) the other felony was one of the following:
25 armed robbery, armed violence, robbery, predatory
26 criminal sexual assault of a child, aggravated
27 criminal sexual assault, aggravated kidnapping,
28 aggravated vehicular hijacking, forcible detention,
29 arson, aggravated arson, aggravated stalking,
30 burglary, residential burglary, home invasion,
31 calculated criminal drug conspiracy as defined in
32 Section 405 of the Illinois Controlled Substances
33 Act, streetgang criminal drug conspiracy as defined
34 in Section 405.2 of the Illinois Controlled
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1 Substances Act, or the attempt to commit any of the
2 felonies listed in this subsection (c); or
3 (7) the murdered individual was under 12 years of
4 age and the death resulted from exceptionally brutal or
5 heinous behavior indicative of wanton cruelty; or
6 (8) the defendant committed the murder with intent
7 to prevent the murdered individual from testifying in any
8 criminal prosecution or giving material assistance to the
9 State in any investigation or prosecution, either against
10 the defendant or another; or the defendant committed the
11 murder because the murdered individual was a witness in
12 any prosecution or gave material assistance to the State
13 in any investigation or prosecution, either against the
14 defendant or another; or
15 (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 (10) the defendant was incarcerated in an
24 institution or facility of the Department of Corrections
25 at the time of the murder, and while committing an
26 offense punishable as a felony under Illinois law, or
27 while engaged in a conspiracy or solicitation to commit
28 such offense, intentionally killed an individual or
29 counseled, commanded, induced, procured or caused the
30 intentional killing of the murdered individual; or
31 (11) the murder was committed in a cold, calculated
32 and premeditated manner pursuant to a preconceived plan,
33 scheme or design to take a human life by unlawful means,
34 and the conduct of the defendant created a reasonable
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1 expectation that the death of a human being would result
2 therefrom; or
3 (12) the murdered individual was an emergency
4 medical technician - ambulance, emergency medical
5 technician - intermediate, emergency medical technician -
6 paramedic, ambulance driver, or other medical assistance
7 or first aid personnel, employed by a municipality or
8 other governmental unit, killed in the course of
9 performing his official duties, to prevent the
10 performance of his official duties, or in retaliation for
11 performing his official duties, and the defendant knew or
12 should have known that the murdered individual was an
13 emergency medical technician - ambulance, emergency
14 medical technician - intermediate, emergency medical
15 technician - paramedic, ambulance driver, or other
16 medical assistance or first aid personnel; for purposes
17 of this paragraph (12), "emergency medical
18 technician-ambulance", "emergency medical
19 technician-intermediate", "emergency medical
20 technician-paramedic" have the meanings ascribed to them
21 in the Emergency Medical Services (EMS) Systems Act; or
22 (13) the defendant was a principal administrator,
23 organizer, or leader of a calculated criminal drug
24 conspiracy consisting of a hierarchical position of
25 authority superior to that of all other members of the
26 conspiracy, and the defendant counseled, commanded,
27 induced, procured, or caused the intentional killing of
28 the murdered person; or
29 (14) the murder was intentional and involved the
30 infliction of torture. For the purpose of this Section
31 torture means the infliction of or subjection to extreme
32 physical pain, motivated by an intent to increase or
33 prolong the pain, suffering or agony of the victim; or
34 (15) the murder was committed as a result of the
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1 intentional discharge of a firearm by the defendant from
2 a motor vehicle and the victim was not present within the
3 motor vehicle; or
4 (16) the murdered individual was 60 years of age or
5 older and the death resulted from exceptionally brutal or
6 heinous behavior indicative of wanton cruelty; or
7 (17) the murdered individual was a disabled person
8 and the defendant knew or should have known that the
9 murdered individual was disabled. For purposes of this
10 paragraph (17), "disabled person" means a person who
11 suffers from a permanent physical or mental impairment
12 resulting from disease, an injury, a functional disorder,
13 or a congenital condition that renders the person
14 incapable of adequately providing for his or her own
15 health or personal care; or .
16 (18) the murdered individual was killed as the
17 result of the intentional discharge of a machine gun as
18 defined in clause (i) of paragraph (7) of subsection (a)
19 of Section 24-1 of this Code; or
20 (19) the murdered individual was killed as the
21 result of the intentional discharge of a firearm that, at
22 the time of the discharge, was equipped with any device
23 or attachment designed or used for silencing the report
24 of the firearm; or
25 (20) the murdered individual was killed as the
26 result of the intentional explosion of a bomb, grenade,
27 bottle, or other container containing an explosive
28 substance of over one-quarter ounce for like purposes,
29 such as, but not limited to black powder bombs and
30 Molotov cocktails or artillery projectiles.
31 (c) Consideration of factors in Aggravation and
32 Mitigation.
33 The court shall consider, or shall instruct the jury to
34 consider any aggravating and any mitigating factors which are
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1 relevant to the imposition of the death penalty. Aggravating
2 factors may include but need not be limited to those factors
3 set forth in subsection (b). Mitigating factors may include
4 but need not be limited to the following:
5 (1) the defendant has no significant history of
6 prior criminal activity;
7 (2) the murder was committed while the defendant
8 was under the influence of extreme mental or emotional
9 disturbance, although not such as to constitute a defense
10 to prosecution;
11 (3) the murdered individual was a participant in
12 the defendant's homicidal conduct or consented to the
13 homicidal act;
14 (4) the defendant acted under the compulsion of
15 threat or menace of the imminent infliction of death or
16 great bodily harm;
17 (5) the defendant was not personally present during
18 commission of the act or acts causing death.
19 (d) Separate sentencing hearing.
20 Where requested by the State, the court shall conduct a
21 separate sentencing proceeding to determine the existence of
22 factors set forth in subsection (b) and to consider any
23 aggravating or mitigating factors as indicated in subsection
24 (c). The proceeding shall be conducted:
25 (1) before the jury that determined the defendant's
26 guilt; or
27 (2) before a jury impanelled for the purpose of the
28 proceeding if:
29 A. the defendant was convicted upon a plea of
30 guilty; or
31 B. the defendant was convicted after a trial
32 before the court sitting without a jury; or
33 C. the court for good cause shown discharges
34 the jury that determined the defendant's guilt; or
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1 (3) before the court alone if the defendant waives
2 a 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
7 the admission of evidence at criminal trials. Any
8 information relevant to any additional aggravating factors or
9 any mitigating factors indicated in subsection (c) may be
10 presented by the State or defendant regardless of its
11 admissibility under the rules governing the admission of
12 evidence at criminal trials. The State and the defendant
13 shall be given fair opportunity to rebut any information
14 received at the hearing.
15 (f) Proof.
16 The burden of proof of establishing the existence of any
17 of the factors set forth in subsection (b) is on the State
18 and shall not be satisfied unless established beyond a
19 reasonable doubt.
20 (g) Procedure - Jury.
21 If at the separate sentencing proceeding the jury finds
22 that none of the factors set forth in subsection (b) exists,
23 the court shall sentence the defendant to a term of
24 imprisonment under Chapter V of the Unified Code of
25 Corrections. If there is a unanimous finding by the jury
26 that one or more of the factors set forth in subsection (b)
27 exist, the jury shall consider aggravating and mitigating
28 factors as instructed by the court and shall determine
29 whether the sentence of death shall be imposed. If the jury
30 determines unanimously that there are no mitigating factors
31 sufficient to preclude the imposition of the death sentence,
32 the court shall sentence the defendant to death.
33 Unless the jury unanimously finds that there are no
34 mitigating factors sufficient to preclude the imposition of
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1 the death sentence the court shall sentence the defendant to
2 a term of imprisonment under Chapter V of the Unified Code of
3 Corrections.
4 (h) Procedure - No Jury.
5 In a proceeding before the court alone, if the court
6 finds that none of the factors found in subsection (b)
7 exists, the court shall sentence the defendant to a term of
8 imprisonment under Chapter V of the Unified Code of
9 Corrections.
10 If the Court determines that one or more of the factors
11 set forth in subsection (b) exists, the Court shall consider
12 any aggravating and mitigating factors as indicated in
13 subsection (c). If the Court determines that there are no
14 mitigating factors sufficient to preclude the imposition of
15 the death sentence, the Court shall sentence the defendant to
16 death.
17 Unless the court finds that there are no mitigating
18 factors sufficient to preclude the imposition of the sentence
19 of death, the court shall sentence the defendant to a term of
20 imprisonment under Chapter V of the Unified Code of
21 Corrections.
22 (i) Appellate Procedure.
23 The conviction and sentence of death shall be subject to
24 automatic review by the Supreme Court. Such review shall be
25 in accordance with rules promulgated by the Supreme Court.
26 (j) Disposition of reversed death sentence.
27 In the event that the death penalty in this Act is held
28 to be unconstitutional by the Supreme Court of the United
29 States or of the State of Illinois, any person convicted of
30 first degree murder shall be sentenced by the court to a term
31 of imprisonment under Chapter V of the Unified Code of
32 Corrections.
33 In the event that any death sentence pursuant to the
34 sentencing provisions of this Section is declared
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1 unconstitutional by the Supreme Court of the United States or
2 of the State of Illinois, the court having jurisdiction over
3 a person previously sentenced to death shall cause the
4 defendant to be brought before the court, and the court shall
5 sentence the defendant to a term of imprisonment under
6 Chapter V of the Unified Code of Corrections.
7 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
8 89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
9 1-1-98.)
10 Section 10. The Unified Code of Corrections is amended
11 by changing Section 5-8-1 as follows:
12 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
13 Sec. 5-8-1. Sentence of Imprisonment for Felony.
14 (a) Except as otherwise provided in the statute defining
15 the offense, a sentence of imprisonment for a felony shall be
16 a determinate sentence set by the court under this Section,
17 according to the following limitations:
18 (1) for first degree murder,
19 (a) a term shall be not less than 20 years and
20 not more than 60 years, or
21 (b) if the court finds that the murder was
22 accompanied by exceptionally brutal or heinous
23 behavior indicative of wanton cruelty or, except as
24 set forth in subsection (a)(1)(c) of this Section,
25 that any of the aggravating factors listed in
26 subsection (b) of Section 9-1 of the Criminal Code
27 of 1961 are present, the court shall may sentence
28 the defendant to a term of natural life imprisonment
29 if the death penalty is not imposed, or
30 (c) (Blank); the court shall sentence the
31 defendant to a term of natural life imprisonment
32 when the death penalty is not imposed if the
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1 defendant,
2 (i) has previously been convicted of
3 first degree murder under any state or federal
4 law, or
5 (ii) is a person who, at the time of the
6 commission of the murder, had attained the age
7 of 17 or more and is found guilty of murdering
8 an individual under 12 years of age; or,
9 irrespective of the defendant's age at the time
10 of the commission of the offense, is found
11 guilty of murdering more than one victim, or
12 (iii) is found guilty of murdering a
13 peace officer or fireman when the peace officer
14 or fireman was killed in the course of
15 performing his official duties, or to prevent
16 the peace officer or fireman from performing
17 his official duties, or in retaliation for the
18 peace officer or fireman performing his
19 official duties, and the defendant knew or
20 should have known that the murdered individual
21 was a peace officer or fireman, or
22 (iv) is found guilty of murdering an
23 employee of an institution or facility of the
24 Department of Corrections, or any similar local
25 correctional agency, when the employee was
26 killed in the course of performing his official
27 duties, or to prevent the employee from
28 performing his official duties, or in
29 retaliation for the employee performing his
30 official duties, or
31 (v) is found guilty of murdering an
32 emergency medical technician - ambulance,
33 emergency medical technician - intermediate,
34 emergency medical technician - paramedic,
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1 ambulance driver or other medical assistance or
2 first aid person while employed by a
3 municipality or other governmental unit when
4 the person was killed in the course of
5 performing official duties or to prevent the
6 person from performing official duties or in
7 retaliation for performing official duties and
8 the defendant knew or should have known that
9 the murdered individual was an emergency
10 medical technician - ambulance, emergency
11 medical technician - intermediate, emergency
12 medical technician - paramedic, ambulance
13 driver, or other medical assistant or first aid
14 personnel, or
15 (vi) is a person who, at the time of the
16 commission of the murder, had not attained the
17 age of 17, and is found guilty of murdering a
18 person under 12 years of age and the murder is
19 committed during the course of aggravated
20 criminal sexual assault, criminal sexual
21 assault, or aggravated kidnaping.
22 For purposes of clause (v), "emergency medical
23 technician - ambulance", "emergency medical
24 technician - intermediate", "emergency medical
25 technician - paramedic", have the meanings ascribed
26 to them in the Emergency Medical Services (EMS)
27 Systems Act.
28 (1.5) for second degree murder, a term shall be not
29 less than 4 years and not more than 20 years;
30 (2) for a person adjudged a habitual criminal under
31 Article 33B of the Criminal Code of 1961, as amended, the
32 sentence shall be a term of natural life imprisonment;
33 (2.5) for a person convicted under the
34 circumstances described in paragraph (3) of subsection
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1 (b) of Section 12-13, paragraph (2) of subsection (d) of
2 Section 12-14, or paragraph (2) of subsection (b) of
3 Section 12-14.1 of the Criminal Code of 1961, the
4 sentence shall be a term of natural life imprisonment;
5 (3) except as otherwise provided in the statute
6 defining the offense, for a Class X felony, the sentence
7 shall be not less than 6 years and not more than 30
8 years;
9 (4) for a Class 1 felony, other than second degree
10 murder, the sentence shall be not less than 4 years and
11 not more than 15 years;
12 (5) for a Class 2 felony, the sentence shall be not
13 less than 3 years and not more than 7 years;
14 (6) for a Class 3 felony, the sentence shall be not
15 less than 2 years and not more than 5 years;
16 (7) for a Class 4 felony, the sentence shall be not
17 less than 1 year and not more than 3 years.
18 (b) The sentencing judge in each felony conviction shall
19 set forth his reasons for imposing the particular sentence he
20 enters in the case, as provided in Section 5-4-1 of this
21 Code. Those reasons may include any mitigating or
22 aggravating factors specified in this Code, or the lack of
23 any such circumstances, as well as any other such factors as
24 the judge shall set forth on the record that are consistent
25 with the purposes and principles of sentencing set out in
26 this Code.
27 (c) A motion to reduce a sentence may be made, or the
28 court may reduce a sentence without motion, within 30 days
29 after the sentence is imposed. A defendant's challenge to
30 the correctness of a sentence or to any aspect of the
31 sentencing hearing shall be made by a written motion filed
32 within 30 days following the imposition of sentence.
33 However, the court may not increase a sentence once it is
34 imposed.
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1 If a motion filed pursuant to this subsection is timely
2 filed within 30 days after the sentence is imposed, the
3 proponent of the motion shall exercise due diligence in
4 seeking a determination on the motion and the court shall
5 thereafter decide such motion within a reasonable time.
6 If a motion filed pursuant to this subsection is timely
7 filed within 30 days after the sentence is imposed, then for
8 purposes of perfecting an appeal, a final judgment shall not
9 be considered to have been entered until the motion to reduce
10 a sentence has been decided by order entered by the trial
11 court.
12 A motion filed pursuant to this subsection shall not be
13 considered to have been timely filed unless it is filed with
14 the circuit court clerk within 30 days after the sentence is
15 imposed together with a notice of motion, which notice of
16 motion shall set the motion on the court's calendar on a date
17 certain within a reasonable time after the date of filing.
18 (d) Except where a term of natural life is imposed,
19 every sentence shall include as though written therein a term
20 in addition to the term of imprisonment. For those sentenced
21 under the law in effect prior to February 1, 1978, such term
22 shall be identified as a parole term. For those sentenced on
23 or after February 1, 1978, such term shall be identified as a
24 mandatory supervised release term. Subject to earlier
25 termination under Section 3-3-8, the parole or mandatory
26 supervised release term shall be as follows:
27 (1) for first degree murder or a Class X felony, 3
28 years;
29 (2) for a Class 1 felony or a Class 2 felony, 2
30 years;
31 (3) for a Class 3 felony or a Class 4 felony, 1
32 year.
33 (e) A defendant who has a previous and unexpired
34 sentence of imprisonment imposed by another state or by any
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1 district court of the United States and who, after sentence
2 for a crime in Illinois, must return to serve the unexpired
3 prior sentence may have his sentence by the Illinois court
4 ordered to be concurrent with the prior sentence in the other
5 state. The court may order that any time served on the
6 unexpired portion of the sentence in the other state, prior
7 to his return to Illinois, shall be credited on his Illinois
8 sentence. The other state shall be furnished with a copy of
9 the order imposing sentence which shall provide that, when
10 the offender is released from confinement of the other state,
11 whether by parole or by termination of sentence, the offender
12 shall be transferred by the Sheriff of the committing county
13 to the Illinois Department of Corrections. The court shall
14 cause the Department of Corrections to be notified of such
15 sentence at the time of commitment and to be provided with
16 copies of all records regarding the sentence.
17 (f) A defendant who has a previous and unexpired
18 sentence of imprisonment imposed by an Illinois circuit court
19 for a crime in this State and who is subsequently sentenced
20 to a term of imprisonment by another state or by any district
21 court of the United States and who has served a term of
22 imprisonment imposed by the other state or district court of
23 the United States, and must return to serve the unexpired
24 prior sentence imposed by the Illinois Circuit Court may
25 apply to the court which imposed sentence to have his
26 sentence reduced.
27 The circuit court may order that any time served on the
28 sentence imposed by the other state or district court of the
29 United States be credited on his Illinois sentence. Such
30 application for reduction of a sentence under this
31 subsection (f) shall be made within 30 days after the
32 defendant has completed the sentence imposed by the other
33 state or district court of the United States.
34 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
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1 89-462, eff. 5-29-96; 90-396, eff. 1-1-98.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.