BROSNAHAN-CURRIE. 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 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. JUDICIAL NOTE (Office of Illinois Courts) HB 5788 would increase judicial workloads, however, the bill would not increase the number of judges in the State. FEB-07-2002 H FILED WITH CLERK FEB-07-2002 H FIRST READING FEB-07-2002 H REFERRED TO HOUSE RULES COMMITTEE RULES FEB-13-2002 H ASSIGNED TO COMMITTEE JUD-CRIMINAL FEB-22-2002 H DO PASS/SHORT DEBATE 013-000-000 HJUB FEB-22-2002 H PLACED CALENDAR 2ND READING-SHORT DEBATE FEB-27-2002 H JUDICIAL NOTE FILED FEB-27-2002 H CALENDAR ORDER 2ND READING-SHORT DEBATE MAR-14-2002 H ADDED AS A JOINT SPONSOR CURRIE MAR-22-2002 H SECOND READING-SHORT DEBATE MAR-22-2002 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE APR-05-2002 H RE-REFERRED TO RULES COMM/RULE 19(A) RULES HRUL JAN-07-2003 H SESSION SINE DIE END OF INQUIRY Full Text Bill Summary