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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4092 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 720 ILCS 5/9-1 | from Ch. 38, par. 9-1 |
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Amends the Criminal Code of 2012. Makes a technical change in a Section
concerning first degree murder.
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| | A BILL FOR |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 2012 is amended by changing |
5 | | Section 9-1 as follows:
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6 | | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) |
7 | | Sec. 9-1. First degree Murder - Death penalties - |
8 | | Exceptions - Separate
Hearings - Proof - Findings - Appellate |
9 | | procedures - Reversals.
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10 | | (a) A person who kills an individual without lawful |
11 | | justification commits
first degree murder if, in performing the
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12 | | the acts which cause the death:
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13 | | (1) he either intends to kill or do great bodily harm |
14 | | to that
individual or another, or knows that such acts will |
15 | | cause death to that
individual or another; or
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16 | | (2) he knows that such acts create a strong probability |
17 | | of death or
great bodily harm to that individual or |
18 | | another; or
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19 | | (3) he is attempting or committing a forcible felony |
20 | | other than
second degree murder.
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21 | | (b) Aggravating Factors. A defendant who at the time of the
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22 | | commission of the offense has attained the age of 18 or more |
23 | | and who has
been found guilty of first degree murder may be |
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1 | | sentenced to death if:
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2 | | (1) the murdered individual was a peace officer or |
3 | | fireman killed in
the course of performing his official |
4 | | duties, to prevent the performance
of his official duties, |
5 | | or in retaliation for performing his official
duties, and |
6 | | the defendant knew or
should have known that the murdered |
7 | | individual was a peace officer or
fireman; or
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8 | | (2) the murdered individual was an employee of an |
9 | | institution or
facility of the Department of Corrections, |
10 | | or any similar local
correctional agency, killed in the |
11 | | course of performing his official
duties, to prevent the |
12 | | performance of his official duties, or in
retaliation for |
13 | | performing his official duties, or the murdered
individual |
14 | | was an inmate at such institution or facility and was |
15 | | killed on the
grounds thereof, or the murdered individual |
16 | | was otherwise present in such
institution or facility with |
17 | | the knowledge and approval of the chief
administrative |
18 | | officer thereof; or
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19 | | (3) the defendant has been convicted of murdering two |
20 | | or more
individuals under subsection (a) of this Section or |
21 | | under any law of the
United States or of any state which is |
22 | | substantially similar to
subsection (a) of this Section |
23 | | regardless of whether the deaths
occurred as the result of |
24 | | the same act or of several related or
unrelated acts so |
25 | | long as the deaths were the result of either an intent
to |
26 | | kill more than one person or of separate acts which
the |
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1 | | defendant knew would cause death or create a strong |
2 | | probability of
death or great bodily harm to the murdered |
3 | | individual or another; or
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4 | | (4) the murdered individual was killed as a result of |
5 | | the
hijacking of an airplane, train, ship, bus or other |
6 | | public conveyance; or
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7 | | (5) the defendant committed the murder pursuant to a |
8 | | contract,
agreement or understanding by which he was to |
9 | | receive money or anything
of value in return for committing |
10 | | the murder or procured another to
commit the murder for |
11 | | money or anything of value; or
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12 | | (6) the murdered individual was killed in the course of |
13 | | another felony if:
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14 | | (a) the murdered individual:
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15 | | (i) was actually killed by the defendant, or
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16 | | (ii) received physical injuries personally |
17 | | inflicted by the defendant
substantially |
18 | | contemporaneously with physical injuries caused by |
19 | | one or
more persons for whose conduct the defendant |
20 | | is legally accountable under
Section 5-2 of this |
21 | | Code, and the physical injuries inflicted by |
22 | | either
the defendant or the other person or persons |
23 | | for whose conduct he is legally
accountable caused |
24 | | the death of the murdered individual; and
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25 | | (b) in performing the acts which caused the death |
26 | | of the murdered
individual or which resulted in |
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1 | | physical injuries personally inflicted by
the |
2 | | defendant on the murdered individual under the |
3 | | circumstances of
subdivision (ii) of subparagraph (a) |
4 | | of paragraph (6) of subsection (b) of
this Section, the |
5 | | defendant acted with the intent to kill the murdered
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6 | | individual or with the knowledge that his acts created |
7 | | a strong probability
of death or great bodily harm to |
8 | | the murdered individual or another; and
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9 | | (c) the other felony was an inherently violent |
10 | | crime
or the attempt to commit an inherently
violent |
11 | | crime.
In this subparagraph (c), "inherently violent |
12 | | crime" includes, but is not
limited to, armed robbery, |
13 | | robbery, predatory criminal sexual assault of a
child,
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14 | | aggravated criminal sexual assault, aggravated |
15 | | kidnapping, aggravated vehicular
hijacking,
aggravated |
16 | | arson, aggravated stalking, residential burglary, and |
17 | | home
invasion; or
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18 | | (7) the murdered individual was under 12 years of age |
19 | | and the
death resulted from exceptionally brutal or heinous |
20 | | behavior indicative of
wanton cruelty; or
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21 | | (8) the defendant committed the murder with intent to
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22 | | prevent the murdered individual from testifying or |
23 | | participating in any
criminal investigation or prosecution
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24 | | or giving material assistance to the State in any |
25 | | investigation or
prosecution, either against the defendant |
26 | | or another; or the defendant
committed the murder because |
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1 | | the murdered individual was a witness in any
prosecution or |
2 | | gave material assistance to the State in any investigation
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3 | | or prosecution, either against the defendant or another;
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4 | | for purposes of this paragraph (8), "participating in any |
5 | | criminal
investigation
or prosecution" is intended to |
6 | | include those appearing in the proceedings in
any capacity |
7 | | such as trial judges, prosecutors, defense attorneys,
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8 | | investigators, witnesses, or jurors; or
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9 | | (9) the defendant, while committing an offense |
10 | | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, |
11 | | 407 or 407.1 or subsection (b) of
Section
404 of the |
12 | | Illinois Controlled Substances Act, or while engaged in a
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13 | | conspiracy or solicitation to commit such offense, |
14 | | intentionally killed an
individual or counseled, |
15 | | commanded, induced, procured or caused the
intentional |
16 | | killing of the murdered individual; or
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17 | | (10) the defendant was incarcerated in an institution |
18 | | or facility of
the Department of Corrections at the time of |
19 | | the murder, and while
committing an offense punishable as a |
20 | | felony under Illinois law, or while
engaged in a conspiracy |
21 | | or solicitation to commit such offense,
intentionally |
22 | | killed an individual or counseled, commanded, induced,
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23 | | procured or caused the intentional killing of the murdered |
24 | | individual; or
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25 | | (11) the murder was committed in a cold, calculated and |
26 | | premeditated
manner pursuant to a preconceived plan, |
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1 | | scheme or design to take a human
life by unlawful means, |
2 | | and the conduct of the defendant created a
reasonable |
3 | | expectation that the death of a human being would result
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4 | | therefrom; or
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5 | | (12) the murdered individual was an emergency medical |
6 | | technician -
ambulance, emergency medical technician - |
7 | | intermediate, emergency medical
technician - paramedic, |
8 | | ambulance driver, or
other medical assistance or first aid |
9 | | personnel, employed by a municipality
or other |
10 | | governmental unit, killed in the course of performing his |
11 | | official
duties, to prevent the performance of his official |
12 | | duties, or in retaliation
for performing his official |
13 | | duties, and the defendant knew or should have
known that |
14 | | the murdered individual was an emergency medical |
15 | | technician -
ambulance, emergency medical technician - |
16 | | intermediate, emergency medical
technician - paramedic, |
17 | | ambulance driver, or
other medical assistance or first aid |
18 | | personnel; or
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19 | | (13) the defendant was a principal administrator, |
20 | | organizer, or leader
of a calculated criminal drug |
21 | | conspiracy consisting of a hierarchical position
of |
22 | | authority superior to that of all other members of the |
23 | | conspiracy, and the
defendant counseled, commanded, |
24 | | induced, procured, or caused the intentional
killing of the |
25 | | murdered person;
or
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26 | | (14) the murder was intentional and involved the |
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1 | | infliction of torture.
For
the purpose of this Section |
2 | | torture means the infliction of or subjection to
extreme |
3 | | physical pain, motivated by an intent to increase or |
4 | | prolong the pain,
suffering or agony of the victim; or
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5 | | (15) the murder was committed as a result of the |
6 | | intentional discharge
of a firearm by the defendant from a |
7 | | motor vehicle and the victim was not
present within the |
8 | | motor vehicle; or
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9 | | (16) the murdered individual was 60 years of age or |
10 | | older and the death
resulted
from exceptionally brutal or |
11 | | heinous behavior indicative of wanton cruelty; or
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12 | | (17) the murdered individual was a disabled person and |
13 | | the defendant knew
or
should have known that the murdered |
14 | | individual was disabled. For purposes of
this paragraph |
15 | | (17), "disabled person" means a person who suffers from a
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16 | | permanent physical or mental impairment resulting from |
17 | | disease, an injury,
a functional disorder, or a congenital |
18 | | condition that renders the person
incapable of
adequately |
19 | | providing for his or her own health or personal care; or
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20 | | (18) the murder was committed by reason of any person's |
21 | | activity as a
community policing volunteer or to prevent |
22 | | any person from engaging in activity
as a community |
23 | | policing volunteer; or
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24 | | (19) the murdered individual was subject to an order of |
25 | | protection and the
murder was committed by a person against |
26 | | whom the same order of protection was
issued under the |
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1 | | Illinois Domestic Violence Act of 1986; or
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2 | | (20) the murdered individual was known by the defendant |
3 | | to be a teacher or
other person employed in any school and |
4 | | the teacher or other employee is upon
the grounds of a |
5 | | school or grounds adjacent to a school, or is in any part |
6 | | of a
building used for school purposes; or
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7 | | (21) the murder was committed by the defendant in |
8 | | connection with or as
a
result of the offense of terrorism |
9 | | as defined in Section 29D-14.9 of this
Code.
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10 | | (b-5) Aggravating Factor; Natural Life Imprisonment. A |
11 | | defendant who has been found guilty of first degree murder and |
12 | | who at the time of the commission of the offense had attained |
13 | | the age of 18 years or more may be sentenced to natural life |
14 | | imprisonment if
(i) the murdered individual was a physician, |
15 | | physician assistant, psychologist, nurse, or advanced practice |
16 | | nurse, (ii) the defendant knew or should have
known that the |
17 | | murdered individual was a physician, physician assistant, |
18 | | psychologist, nurse, or advanced practice nurse, and (iii) the |
19 | | murdered individual was killed in the course of acting in his |
20 | | or her capacity as a physician, physician assistant, |
21 | | psychologist, nurse, or advanced practice nurse, or to prevent |
22 | | him or her from acting in that capacity, or in retaliation
for |
23 | | his or her acting in that capacity. |
24 | | (c) Consideration of factors in Aggravation and |
25 | | Mitigation.
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26 | | The court shall consider, or shall instruct the jury to |
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1 | | consider any
aggravating and any mitigating factors which are |
2 | | relevant to the
imposition of the death penalty. Aggravating |
3 | | factors may include but
need not be limited to those factors |
4 | | set forth in subsection (b).
Mitigating factors may include but |
5 | | need not be limited to the following:
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6 | | (1) the defendant has no significant history of prior |
7 | | criminal
activity;
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8 | | (2) the murder was committed while the defendant was |
9 | | under
the influence of extreme mental or emotional |
10 | | disturbance, although not such
as to constitute a defense |
11 | | to prosecution;
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12 | | (3) the murdered individual was a participant in the
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13 | | defendant's homicidal conduct or consented to the |
14 | | homicidal act;
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15 | | (4) the defendant acted under the compulsion of threat |
16 | | or
menace of the imminent infliction of death or great |
17 | | bodily harm;
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18 | | (5) the defendant was not personally present during
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19 | | commission of the act or acts causing death;
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20 | | (6) the defendant's background includes a history of |
21 | | extreme emotional
or physical abuse;
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22 | | (7) the defendant suffers from a reduced mental |
23 | | capacity.
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24 | | (d) Separate sentencing hearing.
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25 | | Where requested by the State, the court shall conduct a |
26 | | separate
sentencing proceeding to determine the existence of |
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1 | | factors set forth in
subsection (b) and to consider any |
2 | | aggravating or mitigating factors as
indicated in subsection |
3 | | (c). The proceeding shall be conducted:
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4 | | (1) before the jury that determined the defendant's |
5 | | guilt; or
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6 | | (2) before a jury impanelled for the purpose of the |
7 | | proceeding if:
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8 | | A. the defendant was convicted upon a plea of |
9 | | guilty; or
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10 | | B. the defendant was convicted after a trial before |
11 | | the court
sitting without a jury; or
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12 | | C. the court for good cause shown discharges the |
13 | | jury that
determined the defendant's guilt; or
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14 | | (3) before the court alone if the defendant waives a |
15 | | jury
for the separate proceeding.
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16 | | (e) Evidence and Argument.
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17 | | During the proceeding any information relevant to any of |
18 | | the factors
set forth in subsection (b) may be presented by |
19 | | either the State or the
defendant under the rules governing the |
20 | | admission of evidence at
criminal trials. Any information |
21 | | relevant to any additional aggravating
factors or any |
22 | | mitigating factors indicated in subsection (c) may be
presented |
23 | | by the State or defendant regardless of its admissibility
under |
24 | | the rules governing the admission of evidence at criminal |
25 | | trials.
The State and the defendant shall be given fair |
26 | | opportunity to rebut any
information received at the hearing.
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1 | | (f) Proof.
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2 | | The burden of proof of establishing the existence of any of |
3 | | the
factors set forth in subsection (b) is on the State and |
4 | | shall not be
satisfied unless established beyond a reasonable |
5 | | doubt.
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6 | | (g) Procedure - Jury.
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7 | | If at the separate sentencing proceeding the jury finds |
8 | | that none of
the factors set forth in subsection (b) exists, |
9 | | the court shall sentence
the defendant to a term of |
10 | | imprisonment under Chapter V of the Unified
Code of |
11 | | Corrections. If there is a unanimous finding by the jury that
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12 | | one or more of the factors set forth in subsection (b) exist, |
13 | | the jury
shall consider aggravating and mitigating factors as |
14 | | instructed by the
court and shall determine whether the |
15 | | sentence of death shall be
imposed. If the jury determines |
16 | | unanimously, after weighing the factors in
aggravation and |
17 | | mitigation, that death is the appropriate sentence, the court |
18 | | shall sentence the defendant to death.
If the court does not |
19 | | concur with the jury determination that death is the
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20 | | appropriate sentence, the court shall set forth reasons in |
21 | | writing
including what facts or circumstances the court relied |
22 | | upon,
along with any relevant
documents, that compelled the |
23 | | court to non-concur with the sentence. This
document and any |
24 | | attachments shall be part of the record for appellate
review. |
25 | | The court shall be bound by the jury's sentencing |
26 | | determination.
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1 | | If after weighing the factors in aggravation and |
2 | | mitigation, one or more
jurors determines that death is not the |
3 | | appropriate sentence,
the
court shall sentence the defendant to |
4 | | a term of imprisonment under
Chapter V of the Unified Code of |
5 | | Corrections.
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6 | | (h) Procedure - No Jury.
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7 | | In a proceeding before the court alone, if the court finds |
8 | | that none
of the factors found in subsection (b) exists, the |
9 | | court shall sentence
the defendant to a term of imprisonment |
10 | | under Chapter V of the Unified
Code of Corrections.
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11 | | If the Court determines that one or more of the factors set |
12 | | forth in
subsection (b) exists, the Court shall consider any |
13 | | aggravating and
mitigating factors as indicated in subsection |
14 | | (c). If the Court
determines, after weighing the factors in |
15 | | aggravation and mitigation, that
death is the appropriate |
16 | | sentence, the Court shall sentence the
defendant to death.
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17 | | If
the court finds that death is not the
appropriate |
18 | | sentence, the
court shall sentence the defendant to a term of |
19 | | imprisonment under
Chapter V of the Unified Code of |
20 | | Corrections.
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21 | | (h-5) Decertification as a capital case.
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22 | | In a case in which the defendant has been found guilty of |
23 | | first degree murder
by a judge or jury, or a case on remand for |
24 | | resentencing, and the State seeks
the death penalty as an |
25 | | appropriate
sentence,
on the court's own motion or the written |
26 | | motion of the defendant, the court
may decertify the case as a |
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1 | | death penalty case if the court finds that the only
evidence |
2 | | supporting the defendant's conviction is the uncorroborated |
3 | | testimony
of an informant witness, as defined in Section 115-21 |
4 | | of the Code of Criminal
Procedure of 1963, concerning the |
5 | | confession or admission of the defendant or
that the sole |
6 | | evidence against the defendant is a single eyewitness or single
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7 | | accomplice without any other corroborating evidence.
If the |
8 | | court decertifies the case as a capital case
under either of |
9 | | the grounds set forth above, the court shall issue a
written |
10 | | finding. The State may pursue its right to appeal the |
11 | | decertification
pursuant to Supreme Court Rule 604(a)(1). If |
12 | | the court does not
decertify the case as a capital case, the |
13 | | matter shall proceed to the
eligibility phase of the sentencing |
14 | | hearing.
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15 | | (i) Appellate Procedure.
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16 | | The conviction and sentence of death shall be subject to |
17 | | automatic
review by the Supreme Court. Such review shall be in |
18 | | accordance with
rules promulgated by the Supreme Court.
The |
19 | | Illinois Supreme Court may overturn the death sentence, and |
20 | | order the
imposition of imprisonment under Chapter V of the |
21 | | Unified Code of
Corrections if the court finds that the death |
22 | | sentence is fundamentally
unjust as applied to the particular |
23 | | case.
If the Illinois Supreme Court finds that the
death |
24 | | sentence is fundamentally unjust as applied to the particular |
25 | | case,
independent of any procedural grounds for relief, the |
26 | | Illinois Supreme Court
shall issue a written opinion explaining |
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1 | | this finding.
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2 | | (j) Disposition of reversed death sentence.
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3 | | In the event that the death penalty in this Act is held to |
4 | | be
unconstitutional by the Supreme Court of the United States |
5 | | or of the
State of Illinois, any person convicted of first |
6 | | degree murder shall be
sentenced by the court to a term of |
7 | | imprisonment under Chapter V of the
Unified Code of |
8 | | Corrections.
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9 | | In the event that any death sentence pursuant to the |
10 | | sentencing
provisions of this Section is declared |
11 | | unconstitutional by the Supreme
Court of the United States or |
12 | | of the State of Illinois, the court having
jurisdiction over a |
13 | | person previously sentenced to death shall cause the
defendant |
14 | | to be brought before the court, and the court shall sentence
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15 | | the defendant to a term of imprisonment under Chapter V of the
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16 | | Unified Code of Corrections.
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17 | | (k) Guidelines for seeking the death penalty.
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18 | | The Attorney General and
State's Attorneys Association |
19 | | shall consult on voluntary guidelines for
procedures governing |
20 | | whether or not to seek the death penalty. The guidelines
do not
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21 | | have the force of law and are only advisory in nature.
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