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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB2905
Introduced 2/26/2007, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/119-5 |
from Ch. 38, par. 119-5 |
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Amends the Code of Criminal Procedure of 1963. Makes a technical change in a
Section concerning to the execution of a death sentence.
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A BILL FOR
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HB2905 |
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LRB095 06124 RLC 26217 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by changing Section 119-5 as follows:
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| (725 ILCS 5/119-5) (from Ch. 38, par. 119-5)
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| Sec. 119-5. Execution of Death Sentence.
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| (a)(1) A defendant sentenced to death shall be executed by |
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| an
intravenous administration of a lethal quantity of an |
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| ultrashort-acting
barbiturate in combination with a |
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| chemical paralytic agent and
and potassium
chloride or |
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| other equally effective substances sufficient to cause |
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| death
until death is pronounced by a coroner who is not a |
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| licensed physician.
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| (2) If the execution of the sentence of death as |
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| provided in paragraph
(1) is held illegal or |
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| unconstitutional by a reviewing court of competent
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| jurisdiction, the sentence of death shall be carried out by |
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| electrocution.
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| (b) In pronouncing the sentence of death the court shall |
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| set the date of
the execution which shall be not less than 60 |
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| nor more than 90 days from
the date sentence is pronounced.
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| (c) A sentence of death shall be executed at a Department |
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HB2905 |
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LRB095 06124 RLC 26217 b |
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| of
Corrections facility.
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| (d) The warden of the penitentiary shall supervise such |
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| execution,
which shall be conducted in the presence of 6 |
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| witnesses who shall certify the
execution of the sentence. The |
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| certification shall be filed with the clerk of
the court that |
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| imposed the sentence.
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| (d-5) The Department of Corrections shall not request, |
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| require, or allow a
health care practitioner licensed in |
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| Illinois,
including but not limited to physicians and nurses, |
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| regardless of employment,
to participate in an execution.
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| (e) Except as otherwise provided in this subsection (e), |
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| the identity of
executioners and other persons who participate |
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| or
perform ancillary functions in an execution and information |
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| contained in
records that would identify those persons shall |
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| remain confidential,
shall not be subject to disclosure, and |
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| shall not be admissible as evidence
or be discoverable in any |
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| action of any kind in any court or before any
tribunal, board, |
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| agency, or person. In order to protect the confidentiality
of |
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| persons participating in an execution, the Director of |
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| Corrections may
direct that the Department make payments in |
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| cash for such services.
In confidential investigations by the |
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| Department of Professional Regulation,
the Department of |
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| Corrections shall disclose the
names and license numbers of |
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| health care practitioners participating or
performing |
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| ancillary functions in an execution to the
Department of |
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| Professional Regulation and the Department of Professional
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HB2905 |
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LRB095 06124 RLC 26217 b |
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| Regulation shall forward those names and license
numbers to the |
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| appropriate disciplinary boards.
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| (f) The amendatory changes to this Section made by this |
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| amendatory Act
of 1991 are severable under Section 1.31 of the |
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| Statute on Statutes.
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| (g) (Blank).
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| (h) Notwithstanding any other provision of law, any
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| pharmaceutical supplier is authorized to dispense
drugs to the |
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| Director of Corrections or his or her designee, without
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| prescription, in order to carry out the provisions of this |
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| Section.
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| (i) The amendatory changes to this Section made by this |
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| amendatory Act of
the 93rd General Assembly are severable
under |
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| Section 1.31 of the Statute on Statutes.
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| (Source: P.A. 93-379, eff. 7-24-03.)
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