Bill Status of SB 3540   103rd General Assembly

Short Description:  REINSTATE DEATH SENTENCE

Senate Sponsors
Sen. Jason Plummer

Last Action  View All Actions

DateChamber Action
  2/9/2024SenateReferred to Assignments

Statutes Amended In Order of Appearance
New Act
5 ILCS 140/7.5
30 ILCS 105/5.1015 new
30 ILCS 105/5.790 rep.
725 ILCS 5/113-3from Ch. 38, par. 113-3
725 ILCS 5/119-1
725 ILCS 105/10from Ch. 38, par. 208-10
730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1

Synopsis As Introduced
Amends the Unified Code of Corrections relating to the penalties for first degree murder. Provides that a defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if: (1) the murdered individual was a peace officer killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was so employed; (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties; or (3) the murdered individual was a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Establishes aggravating and mitigating factors and procedures by which a court or jury may determine that the defendant is eligible for the death penalty. Amends the State Finance Act. Reinstates the Capital Litigation Trust Fund and abolishes the Death Penalty Abolition Fund. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2024. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases.

Actions 
DateChamber Action
  2/9/2024SenateFiled with Secretary by Sen. Jason Plummer
  2/9/2024SenateFirst Reading
  2/9/2024SenateReferred to Assignments

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