State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

92_HB0376eng

 
HB0376 Engrossed                               LRB9200936ACcd

 1        AN ACT concerning executions.

 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; or
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
 
HB0376 Engrossed            -2-                LRB9200936ACcd
 1        equally  effective  substances  sufficient to cause death
 2        until death is pronounced by  a  coroner  who  is  not  a
 3        licensed  physician  according  to  accepted standards of
 4        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)  The  Department  of Corrections shall not request,
21    require, or allow a  health  care  practitioner  licensed  in
22    Illinois, including but not limited to physicians and nurses,
23    regardless of employment, to participate in an execution.
24        (e)  Except as otherwise provided in this subsection (e),
25    the   identity   of   executioners   and  other  persons  who
26    participate or perform ancillary functions  in  an  execution
27    and  information  contained  in  records  that would identify
28    those persons shall remain confidential, shall not be subject
29    to disclosure, and shall not be admissible as evidence or  be
30    discoverable in any action of any kind in any court or before
31    any  tribunal,  board, agency, or person. In order to protect
32    the confidentiality of persons participating in an execution,
33    the Director of Corrections may direct  that  the  Department
34    make  payments  in  cash  for  such services. In confidential
 
HB0376 Engrossed            -3-                LRB9200936ACcd
 1    investigations by the Department of Professional  Regulation,
 2    the  Department  of  Corrections shall disclose the names and
 3    license numbers of health care practitioners participating or
 4    performing  ancillary  functions  in  an  execution  to   the
 5    Department  of  Professional Regulation and the Department of
 6    Professional Regulation shall forward those names and license
 7    numbers to the appropriate disciplinary boards.
 8        (f)  The amendatory changes to this Section made by  this
 9    amendatory  Act  of  1991 are severable under Section 1.31 of
10    the Statute on Statutes.
11        (g)  (Blank) Notwithstanding any other provision of  law,
12    assistance, participation in, or the performance of ancillary
13    or  other  functions  pursuant to this Section, including but
14    not limited to the administration of the lethal substance  or
15    substances  required  by this Section, shall not be construed
16    to constitute the practice of medicine.
17        (h)  Notwithstanding any  other  provision  of  law,  any
18    pharmacist   or  pharmaceutical  supplier  is  authorized  to
19    dispense drugs to the Director of Corrections or his  or  her
20    designee,  without  prescription,  in  order to carry out the
21    provisions of this Section.
22        (i) The amendatory changes to this Section made  by  this
23    amendatory  Act  of  the  92nd General Assembly are severable
24    under Section 1.31 of the Statute on Statutes.
25    (Source: P.A. 89-8, eff. 3-21-95.)

26        Section 99.  Effective date.  This Act takes effect  upon
27    becoming law.

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