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90_SB0393
225 ILCS 60/4 from Ch. 111, par. 4400-4
725 ILCS 5/119-5 from Ch. 38, par. 119-5
Amends the Medical Practice Act of 1987. Deletes
language exempting persons who carry out executions from
provisions of the Act regarding disciplinary action. Amends
the provisions of the Code of Criminal Procedure of 1963
relating to death sentences and executions. Provides that
death is pronounced by the local coroner and certified by a
physician, instead of a physician pronouncing death.
Provides that health care practitioners may not be required
to participate in an execution. Eliminates the requirement
that the identity of executioners and others remain
confidential. Eliminates the requirement that assistance in
executing a death sentence not be construed to constitute the
practice of medicine. Provides that only a pharmaceutical
supplier, rather than a pharmacist or supplier, is authorized
to dispense drugs without a prescription in order to execute
a death sentence. Effective immediately.
LRB9000259RCkb
LRB9000259RCkb
1 AN ACT concerning criminal law, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Medical Practice Act of 1987 is amended
5 by changing Section 4 as follows:
6 (225 ILCS 60/4) (from Ch. 111, par. 4400-4)
7 Sec. 4. Exemptions. (a) This Act does not apply to the
8 following:
9 (1) persons lawfully carrying on their particular
10 profession or business under any valid existing
11 regulatory Act of this State;
12 (2) persons rendering gratuitous services in cases
13 of emergency;
14 (3) persons treating human ailments by prayer or
15 spiritual means as an exercise or enjoyment of religious
16 freedom.
17 (b) (Blank). Section 22 of this Act does not apply to
18 persons who carry out or assist in the implementation of a
19 court order effecting the provisions of Section 119-5 of the
20 Code of Criminal Procedure of 1963.
21 (Source: P.A. 89-8, eff. 3-21-95.)
22 Section 10. The Code of Criminal Procedure of 1963 is
23 amended by changing Section 119-5 as follows:
24 (725 ILCS 5/119-5) (from Ch. 38, par. 119-5)
25 Sec. 119-5. Execution of Death Sentence.
26 (a)(1) A defendant sentenced to death shall be executed
27 by an intravenous administration of a lethal quantity of
28 an ultrashort-acting barbiturate in combination with a
29 chemical paralytic agent and potassium chloride or other
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1 equally effective substances sufficient to cause death
2 until death is pronounced by the local coroner and
3 certified by a licensed physician according to accepted
4 standards of medical practice.
5 (2) If the execution of the sentence of death as
6 provided in paragraph (1) is held illegal or
7 unconstitutional by a reviewing court of competent
8 jurisdiction, the sentence of death shall be carried out
9 by electrocution.
10 (b) In pronouncing the sentence of death the court shall
11 set the date of the execution which shall be not less than 60
12 nor more than 90 days from the date sentence is pronounced.
13 (c) A sentence of death shall be executed at a
14 Department of Corrections facility.
15 (d) The warden of the penitentiary shall supervise such
16 execution, which shall be conducted in the presence of 6
17 witnesses who shall certify the execution of the sentence.
18 The certification shall be filed with the clerk of the court
19 that imposed the sentence.
20 (d-5) Health care practitioners in Illinois, including
21 but not limited to physicians and nurses regardless of
22 employment, may not be required to participate in any
23 execution.
24 (e) (Blank). The identity of executioners and other
25 persons who participate or perform ancillary functions in an
26 execution and information contained in records that would
27 identify those persons shall remain confidential, shall not
28 be subject to disclosure, and shall not be admissible as
29 evidence or be discoverable in any action of any kind in any
30 court or before any tribunal, board, agency, or person. In
31 order to protect the confidentiality of persons participating
32 in an execution, the Director of Corrections may direct that
33 the Department make payments in cash for such services.
34 (f) The amendatory changes to this Section made by this
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1 amendatory Act of 1991 are severable under Section 1.31 of
2 the Statute on Statutes.
3 (g) (Blank). Notwithstanding any other provision of law,
4 assistance, participation in, or the performance of ancillary
5 or other functions pursuant to this Section, including but
6 not limited to the administration of the lethal substance or
7 substances required by this Section, shall not be construed
8 to constitute the practice of medicine.
9 (h) Notwithstanding any other provision of law, any
10 pharmacist or pharmaceutical supplier is authorized to
11 dispense drugs to the Director of Corrections or his or her
12 designee, without prescription, in order to carry out the
13 provisions of this Section.
14 (i) The amendatory changes to this Section made by this
15 amendatory Act of 1997 are severable under Section 1.31 of
16 the Statute on Statutes.
17 (Source: P.A. 89-8, eff. 3-21-95.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.