CULLERTON. 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, during, 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. 00-01-26 S FIRST READING 00-01-26 S REFERRED TO SENATE RULES COMMITTEE RULES 01-01-09 S SESSION SINE DIE END OF INQUIRY Full Text Bill Summary