92nd General Assembly
Summary of HB5788
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House Sponsors:

Short description: 
CRIM CD-DEATH PENALTY-RETARDED                                             

Synopsis of Bill as introduced:
        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.                
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   0


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