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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | |||||||||||||||||||
5 | amended by changing Section 115-4 as follows:
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6 | (725 ILCS 5/115-4) (from Ch. 38, par. 115-4)
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7 | Sec. 115-4. Trial by Court and Jury.) (a) Questions of law | |||||||||||||||||||
8 | shall be
decided by the court and questions of fact by the | |||||||||||||||||||
9 | jury.
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10 | (b) The jury shall consist of 12 members.
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11 | (c) Upon request the parties shall be furnished with a list | |||||||||||||||||||
12 | of
prospective jurors with their addresses if known.
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13 | (c-5) In all cases to be tried by jury in which the | |||||||||||||||||||
14 | defendant is charged with first degree murder, the court shall | |||||||||||||||||||
15 | inform the jury venire as to whether the State is seeking the | |||||||||||||||||||
16 | death penalty on any first degree murder count.
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17 | (d) Each party may challenge jurors for cause.
If a | |||||||||||||||||||
18 | prospective juror has a physical impairment, the court shall | |||||||||||||||||||
19 | consider
such prospective juror's ability to perceive and | |||||||||||||||||||
20 | appreciate the evidence
when considering a challenge for cause.
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21 | (e) A defendant tried alone shall be allowed 20 peremptory
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22 | challenges in a capital case, 10 in a case in which the | |||||||||||||||||||
23 | punishment may
be imprisonment in the penitentiary, and 5 in |
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1 | all other cases; except
that, in a single trial of more than | ||||||
2 | one defendant, each defendant shall
be allowed 12 peremptory | ||||||
3 | challenges in a capital case, 6 in a case in
which the | ||||||
4 | punishment may be imprisonment in the penitentiary, and 3 in
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5 | all other cases. If several charges against a defendant or | ||||||
6 | defendants
are consolidated for trial, each defendant shall be | ||||||
7 | allowed peremptory
challenges upon one charge only, which | ||||||
8 | single charge shall be the charge
against that defendant | ||||||
9 | authorizing the greatest maximum penalty. The
State shall be | ||||||
10 | allowed the same number of peremptory challenges as all
of the | ||||||
11 | defendants.
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12 | (f) After examination by the court the jurors may be | ||||||
13 | examined,
passed upon, accepted and tendered by opposing | ||||||
14 | counsel as provided by
Supreme Court rules.
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15 | (g) After the jury is impaneled and sworn the court may | ||||||
16 | direct the
selection of 2 alternate jurors who shall take the | ||||||
17 | same oath as the
regular jurors. Each party shall have one | ||||||
18 | additional peremptory
challenge for each alternate juror. If | ||||||
19 | before the final submission of a
cause a member of the jury | ||||||
20 | dies or is discharged he shall be replaced by
an alternate | ||||||
21 | juror in the order of selection.
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22 | (h) A trial by the court and jury shall be conducted in the | ||||||
23 | presence
of the defendant unless he waives the right to be | ||||||
24 | present.
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25 | (i) After arguments of counsel the court shall instruct the | ||||||
26 | jury as
to the law.
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1 | (j) Unless the affirmative defense of insanity has been | ||||||
2 | presented
during the trial, the jury shall return a general | ||||||
3 | verdict as to each
offense charged. When the affirmative | ||||||
4 | defense of insanity has been
presented during the trial, the | ||||||
5 | court shall provide the jury not only
with general verdict | ||||||
6 | forms but also with a special verdict form of not
guilty by | ||||||
7 | reason of insanity, as to each offense charged, and in such
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8 | event the court shall separately instruct the jury that a | ||||||
9 | special verdict
of not guilty by reason of insanity may be | ||||||
10 | returned instead of a general
verdict but such special verdict | ||||||
11 | requires a unanimous finding by the jury
that the defendant | ||||||
12 | committed the acts charged but at the time of the
commission of | ||||||
13 | those acts the defendant was insane. In the event of a
verdict | ||||||
14 | of not guilty by reason of insanity, a hearing shall be held
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15 | pursuant to the Mental Health and Developmental Disabilities | ||||||
16 | Code to
determine whether the defendant is subject to | ||||||
17 | involuntary admission.
When the affirmative defense of | ||||||
18 | insanity has been presented during the trial,
the court, where | ||||||
19 | warranted by the evidence, shall also provide the jury
with a | ||||||
20 | special verdict form of guilty but mentally ill, as to each | ||||||
21 | offense
charged and shall separately instruct the jury that a | ||||||
22 | special verdict of
guilty but mentally ill may be returned | ||||||
23 | instead of a general verdict, but
that such special verdict | ||||||
24 | requires a unanimous finding by the jury that:
(1) the State | ||||||
25 | has proven beyond a reasonable doubt that the defendant is
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26 | guilty of the offense charged; and (2) the defendant has failed |
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1 | to prove
his insanity as required in subsection (b) of Section | ||||||
2 | 3-2 of the Criminal
Code of 1961, as amended, and subsections | ||||||
3 | (a), (b) and (e) of Section 6-2
of the Criminal Code of 1961, | ||||||
4 | as amended; and (3) the defendant has proven
by a preponderance | ||||||
5 | of the evidence that he was mentally ill, as defined in
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6 | subsections (c) and (d) of Section 6-2 of the Criminal Code of | ||||||
7 | 1961, as
amended, at the time of the offense.
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8 | (k) When, at the close of the State's evidence or at the | ||||||
9 | close of
all of the evidence, the evidence is insufficient to | ||||||
10 | support a finding
or verdict of guilty the court may and on | ||||||
11 | motion of the defendant shall
make a finding or direct the jury | ||||||
12 | to return a verdict of not guilty,
enter a judgment of | ||||||
13 | acquittal and discharge the defendant.
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14 | (l) When the jury retires to consider its verdict an | ||||||
15 | officer of the
court shall be appointed to keep them together | ||||||
16 | and to prevent
conversation between the jurors and others; | ||||||
17 | however, if any juror is deaf,
the jury may be accompanied by | ||||||
18 | and may communicate with a court-appointed
interpreter during | ||||||
19 | its deliberations. Upon agreement between the
State and | ||||||
20 | defendant or his counsel the jury may seal and deliver its
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21 | verdict to the clerk of the court, separate, and then return | ||||||
22 | such
verdict in open court at its next session.
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23 | (m) In the trial of a capital or other offense, any juror | ||||||
24 | who is a
member of a panel or jury which has been impaneled and | ||||||
25 | sworn as a panel
or as a jury shall be permitted to separate | ||||||
26 | from other such jurors
during every period of adjournment to a |
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1 | later day, until final
submission of the cause to the jury for | ||||||
2 | determination, except that no
such separation shall be | ||||||
3 | permitted in any trial after the court, upon
motion by the | ||||||
4 | defendant or the State or upon its own motion, finds a
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5 | probability that prejudice to the defendant or to the State | ||||||
6 | will result
from such separation.
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7 | (n) The members of the jury shall be entitled to take notes | ||||||
8 | during the
trial, and the sheriff of the county in which the | ||||||
9 | jury is sitting shall
provide them with writing materials for | ||||||
10 | this purpose. Such notes shall
remain confidential, and shall | ||||||
11 | be destroyed by the sheriff after the verdict
has been returned | ||||||
12 | or a mistrial declared.
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13 | (o) A defendant tried by the court and jury shall only be | ||||||
14 | found guilty,
guilty but mentally ill, not guilty or not guilty | ||||||
15 | by reason of insanity,
upon the unanimous verdict of the jury.
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16 | (Source: P.A. 86-392.)
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