State of Illinois
92nd General Assembly

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 1        AN ACT concerning criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Code of Criminal Procedure  of  1963  is
 5    amended by changing Section 119-5 as follows:

 6        (725 ILCS 5/119-5) (from Ch. 38, par. 119-5)
 7        Sec. 119-5.  Execution of Death Sentence.
 8        (a)(1)  A  defendant sentenced to death shall be executed
 9        by an intravenous administration of a lethal quantity  of
10        an  ultrashort-acting  barbiturate  in combination with a
11        chemical paralytic agent and potassium chloride or  other
12        equally  effective  substances  sufficient to cause death
13        until  death  is  pronounced  by  a  licensed   physician
14        according to accepted standards of medical practice.
15             (2)  If  the  execution  of the sentence of death as
16        provided  in   paragraph   (1)   is   held   illegal   or
17        unconstitutional   by  a  reviewing  court  of  competent
18        jurisdiction, the sentence of death shall be carried  out
19        by electrocution.
20        (b)  In pronouncing the sentence of death the court shall
21    set the date of the execution which shall be not less than 60
22    nor more than 90 days from the date sentence is pronounced.
23        (c)  A   sentence   of  death  shall  be  executed  at  a
24    Department of Corrections facility.
25        (d)  The warden of the penitentiary shall  supervise  the
26    such execution, which shall be conducted in the presence of 6
27    witnesses  who  shall  certify the execution of the sentence.
28    The certification shall be filed with the clerk of the  court
29    that imposed the sentence.
30        (e)  The  identity  of executioners and other persons who
31    participate or perform ancillary functions  in  an  execution
                            -2-                LRB9201422RCcd
 1    and  information  contained  in  records  that would identify
 2    those persons shall remain confidential, shall not be subject
 3    to disclosure, and shall not be admissible as evidence or  be
 4    discoverable in any action of any kind in any court or before
 5    any  tribunal,  board, agency, or person. In order to protect
 6    the confidentiality of persons participating in an execution,
 7    the Director of Corrections may direct  that  the  Department
 8    make payments in cash for such services.
 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)  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, 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    (Source: P.A. 89-8, eff. 3-21-95.)

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