GILES-FLOWERS-FEIGENHOLTZ-CURRIE-DAVIS,MONIQUE, DELGADO, SILVA, MCKEON, BOLAND, HAMOS, FRANKS, SCULLY AND SHARP. (LIGHTFORD) 720 ILCS 5/9-1 from Ch. 38, par. 9-1 Amends the Criminal Code of 1961 relating to the imposition of the death penalty for first degree murder. Prohibits the imposition of the death penalty upon a mentally retarded person. Provides that the issue of the defendant's mental retardation may be raised by the defense, the State, or the court at any appropriate time before a plea is entered or before, during, or after trial. Provides that the court shall hold a hearing upon a motion that the death penalty be precluded because the convicted person is mentally retarded. Provides that if the court finds, by a preponderance of the evidence, that the defendant is mentally retarded, the death sentence may not be imposed. Effective immediately. HOUSE AMENDMENT NO. 1. Replaces the definition and presumption of mental retardation with the definition of mental retardation in the Mental Health and Developmental Disabilities Code that defines mental retardation as significantly subaverage general intellectual functioning that exists concurrently with impairment in adaptive behavior and that originates before the age of 18 years. HOUSE AMENDMENT NO. 2. Deletes the provision that permits the issue of the defendant's mental retardation to be raised during trial. FISCAL NOTE, H-AM 1 (Dept. of Corrections) There would be no corrections population or fiscal impact. CORRECTIONAL NOTE, H-AM 1 (Dept. of Corrections) Same as DOC fiscal note. 00-01-27 H FIRST READING 00-01-27 H REFERRED TO HOUSE RULES COMMITTEE RULES 00-02-08 H ASSIGNED TO COMMITTEE JUD-CRIMINAL 00-02-10 H ADDED AS A JOINT SPONSOR FLOWERS 00-02-16 H ADDED AS A JOINT SPONSOR FEIGENHOLTZ 00-02-17 H AMENDMENT NO. 01-JUD-CRIMINAL H 00-02-17 H ADOPTED 00-02-17 H DO PASS AMENDED/SHORT DEBATE 013-000-000 HJUB 00-02-17 H PLACED CALENDAR 2ND READING-SHORT DEBATE 00-02-17 H ADDED AS A CO-SPONSOR JONES,LOU 00-02-17 H ADDED AS A CO-SPONSOR DELGADO 00-02-17 H ADDED AS A CO-SPONSOR SILVA 00-02-22 H FISCAL NOTE REQUESTED AS AMENDED TENHOUSE 00-02-22 H CALENDAR ORDER 2ND READING-SHORT DEBATE 00-02-22 H ADDED AS A JOINT SPONSOR CURRIE 00-02-22 H ADDED AS A JOINT SPONSOR DAVIS,MONIQUE 00-02-23 H AMENDMENT NO. 02-GILES 00-02-23 H AMENDMENT REFERRED TO HRUL 00-02-23 H CALENDAR ORDER 2ND READING-SHORT DEBATE 00-02-24 H AMENDMENT NO. 02-GILES 00-02-24 H RECOMMENDS BE ADOPTED HRUL/004-000-000 00-02-24 H SECOND READING-SHORT DEBATE 00-02-24 H AMENDMENT NO. 02-GILES 00-02-24 H ADOPTED 00-02-24 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 00-02-28 H FISCAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 00-02-28 H CORRECTIONAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 00-02-28 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 00-03-01 H ADDED AS A CO-SPONSOR MCKEON 00-03-01 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 00-03-02 H ADDED AS A CO-SPONSOR BOLAND 00-03-02 H ADDED AS A CO-SPONSOR HAMOS 00-03-02 H ADDED AS A CO-SPONSOR FRANKS 00-03-02 H ADDED AS A CO-SPONSOR SCOTT 00-03-02 H ADDED AS A CO-SPONSOR SCULLY 00-03-02 H THIRD READING/SHORT DEBATE/PASSED 117-001-000 00-03-02 H ADDED AS A CO-SPONSOR SHARP 00-03-06 S ARRIVE IN SENATE 00-03-06 S PLACED CALENDAR ORDER OF FIRST READING 00-03-07 00-03-07 S CHIEF SPONSOR LIGHTFORD 00-03-08 S FIRST READING 00-03-08 S REFERRED TO SENATE RULES COMMITTEE RULES 01-01-09 H SESSION SINE DIE END OF INQUIRY Full Text Bill Summary