093_HB3359 LRB093 09626 RLC 09864 b 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Section 9-1 as follows: 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. 10 (a) A person who kills an individual without lawful 11 justification commits first degree murder if, in performing 12 the acts which cause the death: 13 (1) he either intends to kill or do great bodily 14 harm to that individual or another, or knows that such 15 acts will cause death to that individual or another; or 16 (2) he knows that such acts create a strong 17 probability of death or great bodily harm to that 18 individual or another; or 19 (3) he is attempting or committing a forcible 20 felony other than second degree murder. 21 (a-5) Defendant's statement. In a prosecution for first 22 degree murder tried by a jury, if a statement of the 23 defendant has been admitted into evidence and the statement 24 has not been recorded, the court shall instruct the jury 25 prior to its deliberation on the charge as follows: "You have 26 before you evidence that the defendant made a statement 27 relating to the offense or offenses charged in the 28 indictment. It is for you to determine whether the defendant 29 made the statement and, if so, what weight should be given to 30 the statement. In determining the weight to be given to a 31 statement, you should consider all of the circumstances under -2- LRB093 09626 RLC 09864 b 1 which it was made. You should pay particular attention to 2 whether or not the statement is recorded, and if it is, what 3 method was used to record it. Generally, an electronic 4 recording that contains the defendant's actual voice or a 5 statement written by the defendant is more reliable than a 6 non-recorded summary." 7 (b) Aggravating Factors. A defendant who at the time of 8 the commission of the offense has attained the age of 18 or 9 more and who has been found guilty of first degree murder may 10 be sentenced to death if: 11 (1) the murdered individual was a peace officer or 12 fireman killed in the course of performing his official 13 duties, to prevent the performance of his official 14 duties, or in retaliation for performing his official 15 duties, and the defendant knew or should have known that 16 the murdered individual was a peace officer or fireman; 17 or 18 (2) the murdered individual was an employee of an 19 institution or facility of the Department of Corrections, 20 or any similar local correctional agency, killed in the 21 course of performing his official duties, to prevent the 22 performance of his official duties, or in retaliation for 23 performing his official duties, or the murdered 24 individual was an inmate at such institution or facility 25 and was killed on the grounds thereof, or the murdered 26 individual was otherwise present in such institution or 27 facility with the knowledge and approval of the chief 28 administrative officer thereof; or 29 (3) the defendant has been convicted of murdering 30 two or more individuals under subsection (a) of this 31 Section or under any law of the United States or of any 32 state which is substantially similar to subsection (a) of 33 this Section regardless of whether the deaths occurred 34 as the result of the same act or of several related or -3- LRB093 09626 RLC 09864 b 1 unrelated acts so long as the deaths were the result of 2 either an intent to kill more than one person or of 3 separate acts which the defendant knew would cause death 4 or create a strong probability of death or great bodily 5 harm to the murdered individual or another; or 6 (4) the murdered individual was killed as a result 7 of the hijacking of an airplane, train, ship, bus or 8 other public conveyance; or 9 (5) the defendant committed the murder pursuant to 10 a contract, agreement or understanding by which he was to 11 receive money or anything of value in return for 12 committing the murder or procured another to commit the 13 murder for money or anything of value; or 14 (6) the murdered individual was killed in the 15 course of another felony if: 16 (a) the murdered individual: 17 (i) was actually killed by the defendant, 18 or 19 (ii) received physical injuries 20 personally inflicted by the defendant 21 substantially contemporaneously with physical 22 injuries caused by one or more persons for 23 whose conduct the defendant is legally 24 accountable under Section 5-2 of this Code, and 25 the physical injuries inflicted by either the 26 defendant or the other person or persons for 27 whose conduct he is legally accountable caused 28 the death of the murdered individual; and 29 (b) in performing the acts which caused the 30 death of the murdered individual or which resulted 31 in physical injuries personally inflicted by the 32 defendant on the murdered individual under the 33 circumstances of subdivision (ii) of subparagraph 34 (a) of paragraph (6) of subsection (b) of this -4- LRB093 09626 RLC 09864 b 1 Section, the defendant acted with the intent to kill 2 the murdered individual or with the knowledge that 3 his acts created a strong probability of death or 4 great bodily harm to the murdered individual or 5 another; and 6 (c) the other felony was one of the following: 7 armed robbery, armed violence, robbery, predatory 8 criminal sexual assault of a child, aggravated 9 criminal sexual assault, aggravated kidnapping, 10 aggravated vehicular hijacking, forcible detention, 11 arson, aggravated arson, aggravated stalking, 12 burglary, residential burglary, home invasion, 13 calculated criminal drug conspiracy as defined in 14 Section 405 of the Illinois Controlled Substances 15 Act, streetgang criminal drug conspiracy as defined 16 in Section 405.2 of the Illinois Controlled 17 Substances Act, or the attempt to commit any of the 18 felonies listed in this subsection (c); or 19 (7) the murdered individual was under 12 years of 20 age and the death resulted from exceptionally brutal or 21 heinous behavior indicative of wanton cruelty; or 22 (8) the defendant committed the murder with intent 23 to prevent the murdered individual from testifying in any 24 criminal prosecution or giving material assistance to the 25 State in any investigation or prosecution, either against 26 the defendant or another; or the defendant committed the 27 murder because the murdered individual was a witness in 28 any prosecution or gave material assistance to the State 29 in any investigation or prosecution, either against the 30 defendant or another; or 31 (9) the defendant, while committing an offense 32 punishable under Sections 401, 401.1, 401.2, 405, 405.2, 33 407 or 407.1 or subsection (b) of Section 404 of the 34 Illinois Controlled Substances Act, or while engaged in a -5- LRB093 09626 RLC 09864 b 1 conspiracy or solicitation to commit such offense, 2 intentionally killed an individual or counseled, 3 commanded, induced, procured or caused the intentional 4 killing of the murdered individual; or 5 (10) the defendant was incarcerated in an 6 institution or facility of the Department of Corrections 7 at the time of the murder, and while committing an 8 offense punishable as a felony under Illinois law, or 9 while engaged in a conspiracy or solicitation to commit 10 such offense, intentionally killed an individual or 11 counseled, commanded, induced, procured or caused the 12 intentional killing of the murdered individual; or 13 (11) the murder was committed in a cold, calculated 14 and premeditated manner pursuant to a preconceived plan, 15 scheme or design to take a human life by unlawful means, 16 and the conduct of the defendant created a reasonable 17 expectation that the death of a human being would result 18 therefrom; or 19 (12) the murdered individual was an emergency 20 medical technician - ambulance, emergency medical 21 technician - intermediate, emergency medical technician - 22 paramedic, ambulance driver, or other medical assistance 23 or first aid personnel, employed by a municipality or 24 other governmental unit, killed in the course of 25 performing his official duties, to prevent the 26 performance of his official duties, or in retaliation for 27 performing his official duties, and the defendant knew or 28 should have known that the murdered individual was an 29 emergency medical technician - ambulance, emergency 30 medical technician - intermediate, emergency medical 31 technician - paramedic, ambulance driver, or other 32 medical assistance or first aid personnel; or 33 (13) the defendant was a principal administrator, 34 organizer, or leader of a calculated criminal drug -6- LRB093 09626 RLC 09864 b 1 conspiracy consisting of a hierarchical position of 2 authority superior to that of all other members of the 3 conspiracy, and the defendant counseled, commanded, 4 induced, procured, or caused the intentional killing of 5 the murdered person; or 6 (14) the murder was intentional and involved the 7 infliction of torture. For the purpose of this Section 8 torture means the infliction of or subjection to extreme 9 physical pain, motivated by an intent to increase or 10 prolong the pain, suffering or agony of the victim; or 11 (15) the murder was committed as a result of the 12 intentional discharge of a firearm by the defendant from 13 a motor vehicle and the victim was not present within the 14 motor vehicle; or 15 (16) the murdered individual was 60 years of age or 16 older and the death resulted from exceptionally brutal or 17 heinous behavior indicative of wanton cruelty; or 18 (17) the murdered individual was a disabled person 19 and the defendant knew or should have known that the 20 murdered individual was disabled. For purposes of this 21 paragraph (17), "disabled person" means a person who 22 suffers from a permanent physical or mental impairment 23 resulting from disease, an injury, a functional disorder, 24 or a congenital condition that renders the person 25 incapable of adequately providing for his or her own 26 health or personal care; or 27 (18) the murder was committed by reason of any 28 person's activity as a community policing volunteer or to 29 prevent any person from engaging in activity as a 30 community policing volunteer; or 31 (19) the murdered individual was subject to an 32 order of protection and the murder was committed by a 33 person against whom the same order of protection was 34 issued under the Illinois Domestic Violence Act of 1986; -7- LRB093 09626 RLC 09864 b 1 or 2 (20) the murdered individual was known by the 3 defendant to be a teacher or other person employed in any 4 school and the teacher or other employee is upon the 5 grounds of a school or grounds adjacent to a school, or 6 is in any part of a building used for school purposes; or 7 (21) the murder was committed by the defendant in 8 connection with or as a result of the offense of 9 terrorism as defined in Section 29D-30 of this Code. 10 (c) Consideration of factors in Aggravation and 11 Mitigation. 12 The court shall consider, or shall instruct the jury to 13 consider any aggravating and any mitigating factors which are 14 relevant to the imposition of the death penalty. Aggravating 15 factors may include but need not be limited to those factors 16 set forth in subsection (b). Mitigating factors may include 17 but need not be limited to the following: 18 (1) the defendant has no significant history of 19 prior criminal activity; 20 (2) the murder was committed while the defendant 21 was under the influence of extreme mental or emotional 22 disturbance, although not such as to constitute a defense 23 to prosecution; 24 (3) the murdered individual was a participant in 25 the defendant's homicidal conduct or consented to the 26 homicidal act; 27 (4) the defendant acted under the compulsion of 28 threat or menace of the imminent infliction of death or 29 great bodily harm; 30 (5) the defendant was not personally present during 31 commission of the act or acts causing death. 32 (d) Separate sentencing hearing. 33 Where requested by the State, the court shall conduct a 34 separate sentencing proceeding to determine the existence of -8- LRB093 09626 RLC 09864 b 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: 4 (1) before the jury that determined the defendant's 5 guilt; or 6 (2) before a jury impanelled for the purpose of the 7 proceeding if: 8 A. the defendant was convicted upon a plea of 9 guilty; or 10 B. the defendant was convicted after a trial 11 before the court sitting without a jury; or 12 C. the court for good cause shown discharges 13 the jury that determined the defendant's guilt; or 14 (3) before the court alone if the defendant waives 15 a jury for the separate proceeding. 16 (e) Evidence and Argument. 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 20 the admission of evidence at criminal trials. Any 21 information relevant to any additional aggravating factors or 22 any mitigating factors indicated in subsection (c) may be 23 presented by the State or defendant regardless of its 24 admissibility under the rules governing the admission of 25 evidence at criminal trials. The State and the defendant 26 shall be given fair opportunity to rebut any information 27 received at the hearing. 28 (f) Proof. 29 The burden of proof of establishing the existence of any 30 of the factors set forth in subsection (b) is on the State 31 and shall not be satisfied unless established beyond a 32 reasonable doubt. 33 (g) Procedure - Jury. 34 If at the separate sentencing proceeding the jury finds -9- LRB093 09626 RLC 09864 b 1 that none of the factors set forth in subsection (b) exists, 2 the court shall sentence the defendant to a term of 3 imprisonment under Chapter V of the Unified Code of 4 Corrections. If there is a unanimous finding by the jury 5 that one or more of the factors set forth in subsection (b) 6 exist, the jury shall consider aggravating and mitigating 7 factors as instructed by the court and shall determine 8 whether the sentence of death shall be imposed. If the jury 9 determines unanimously that there are no mitigating factors 10 sufficient to preclude the imposition of the death sentence, 11 the court shall sentence the defendant to death. 12 Unless the jury unanimously finds that there are no 13 mitigating factors sufficient to preclude the imposition of 14 the death sentence the court shall sentence the defendant to 15 a term of imprisonment under Chapter V of the Unified Code of 16 Corrections. 17 (h) Procedure - No Jury. 18 In a proceeding before the court alone, if the court 19 finds that none of the factors found in subsection (b) 20 exists, the court shall sentence the defendant to a term of 21 imprisonment under Chapter V of the Unified Code of 22 Corrections. 23 If the Court determines that one or more of the factors 24 set forth in subsection (b) exists, the Court shall consider 25 any aggravating and mitigating factors as indicated in 26 subsection (c). If the Court determines that there are no 27 mitigating factors sufficient to preclude the imposition of 28 the death sentence, the Court shall sentence the defendant to 29 death. 30 Unless the court finds that there are no mitigating 31 factors sufficient to preclude the imposition of the sentence 32 of death, the court shall sentence the defendant to a term of 33 imprisonment under Chapter V of the Unified Code of 34 Corrections. -10- LRB093 09626 RLC 09864 b 1 (i) Appellate Procedure. 2 The conviction and sentence of death shall be subject to 3 automatic review by the Supreme Court. Such review shall be 4 in accordance with rules promulgated by the Supreme Court. 5 (j) Disposition of reversed death sentence. 6 In the event that the death penalty in this Act is held 7 to be unconstitutional by the Supreme Court of the United 8 States or of the State of Illinois, any person convicted of 9 first degree murder shall be sentenced by the court to a term 10 of imprisonment under Chapter V of the Unified Code of 11 Corrections. 12 In the event that any death sentence pursuant to the 13 sentencing provisions of this Section is declared 14 unconstitutional by the Supreme Court of the United States or 15 of the State of Illinois, the court having jurisdiction over 16 a person previously sentenced to death shall cause the 17 defendant to be brought before the court, and the court shall 18 sentence the defendant to a term of imprisonment under 19 Chapter V of the Unified Code of Corrections. 20 (Source: P.A. 91-357, eff. 7-29-99; 91-434, eff. 1-1-00; 21 92-854, eff. 12-5-02.)