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90_SB1489
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 and the Code of
Criminal Procedure of 1963. Removes a provision that
provides that the disciplinary action provisions of the
Medical Practice Act do not apply to persons who carry out or
assist in the implementation of a court order effecting the
execution of a death sentence. Provides that the Department
of Corrections shall establish procedures for an execution by
rule (instead of a defendant being executed until death is
pronounced by a licensed physician according to accepted
standards of medical practice). Provides that the Department
of Corrections shall not request, require, or allow any
licensed health care practitioners to participate in an
execution. Provides that in confidential investigations by
the Department of Professional Regulation, the license
numbers of health care practitioners participating or
performing ancillary functions in an execution shall be
disclosed by the Department of Corrections to the Department
of Professional Regulation and shall be forwarded by the
Department of Professional Regulation to the appropriate
disciplinary boards. Removes a provision that provides that
assistance, participation in, or the performance of ancillary
or other functions for an execution shall not be construed to
constitute the practice of medicine. Removes the provision
that allows a pharmacist to dispense drugs to the Department
of Corrections without prescription for an execution.
Effective immediately.
LRB9011273NTsb
LRB9011273NTsb
1 AN ACT concerning executions, 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.
8 (a) This Act does not apply to the 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
-2- LRB9011273NTsb
1 equally effective substances sufficient to cause death.
2 The Department of Corrections shall establish the
3 procedures for an execution by rule until death is
4 pronounced by a licensed physician according to accepted
5 standards of medical practice.
6 (2) If the execution of the sentence of death as
7 provided in paragraph (1) is held illegal or
8 unconstitutional by a reviewing court of competent
9 jurisdiction, the sentence of death shall be carried out
10 by electrocution.
11 (b) In pronouncing the sentence of death the court shall
12 set the date of the execution which shall be not less than 60
13 nor more than 90 days from the date sentence is pronounced.
14 (c) A sentence of death shall be executed at a
15 Department of Corrections facility.
16 (d) The warden of the penitentiary shall supervise such
17 execution, which shall be conducted in the presence of 6
18 witnesses who shall certify the execution of the sentence.
19 The certification shall be filed with the clerk of the court
20 that imposed the sentence.
21 (d-5) The Department of Corrections shall not request,
22 require, or allow any licensed health care practitioners in
23 Illinois, including without limitation physicians and nurses
24 regardless of employment, to participate in any execution.
25 (e) Except as otherwise provided in this subsection (e),
26 the identity of executioners and other persons who
27 participate or perform ancillary functions in an execution
28 and information contained in records that would identify
29 those persons shall remain confidential, shall not be subject
30 to disclosure, and shall not be admissible as evidence or be
31 discoverable in any action of any kind in any court or before
32 any tribunal, board, agency, or person. In order to protect
33 the confidentiality of persons participating in an execution,
34 the Director of Corrections may direct that the Department
-3- LRB9011273NTsb
1 make payments in cash for such services. In confidential
2 investigations by the Department of Professional Regulation,
3 the license numbers of health care practitioners
4 participating or performing ancillary functions in an
5 execution shall be disclosed by the Department of Corrections
6 to the Department of Professional Regulation and shall be
7 forwarded by the Department of Professional Regulation to the
8 appropriate disciplinary boards.
9 (f) The amendatory changes to this Section made by this
10 amendatory Act of 1991 are severable under Section 1.31 of
11 the Statute on Statutes.
12 (g) (Blank). Notwithstanding any other provision of law,
13 assistance, participation in, or the performance of ancillary
14 or other functions pursuant to this Section, including but
15 not limited to the administration of the lethal substance or
16 substances required by this Section, shall not be construed
17 to constitute the practice of medicine.
18 (h) Notwithstanding any other provision of law, a any
19 pharmacist or pharmaceutical supplier is authorized to
20 dispense drugs to the Director of Corrections or his or her
21 designee, without prescription, in order to carry out the
22 provisions of this Section.
23 (i) The amendatory changes to this Section made by this
24 amendatory Act of 1998 are severable under Section 1.31 of
25 the Statute on Statutes.
26 (Source: P.A. 89-8, eff. 3-21-95.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.