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1 | | (c) Sentence.
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2 | | A person convicted of attempt may be fined or imprisoned or |
3 | | both
not to exceed the maximum provided for the offense |
4 | | attempted but, except
for an attempt to commit the offense |
5 | | defined in Section 33A-2 of this Code:
|
6 | | (1) the sentence for attempt to commit first degree |
7 | | murder is the
sentence for a Class X felony, except that
|
8 | | (A) an attempt to commit first
degree murder when |
9 | | at least one of the aggravating factors specified in
|
10 | | paragraphs (1) and , (2) , and (12) of subsection (b) and |
11 | | in paragraphs (1) and (9) of subsection (c) of Section |
12 | | 9-1 is present is
a Class X felony for which the |
13 | | sentence shall be a term of imprisonment of
not less |
14 | | than 20 years and not more than 80 years;
|
15 | | (B) an attempt to commit first degree murder while |
16 | | armed with a
firearm is a Class X felony for which 15 |
17 | | years shall be added to the term of
imprisonment |
18 | | imposed by the court;
|
19 | | (C) an attempt to commit first degree murder during |
20 | | which the person
personally discharged a firearm is a |
21 | | Class X felony for which 20 years
shall be added to the |
22 | | term of imprisonment imposed by the court;
|
23 | | (D) an attempt to commit first degree murder during |
24 | | which the person
personally discharged a firearm that |
25 | | proximately caused great bodily harm,
permanent |
26 | | disability, permanent disfigurement, or death to
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1 | | another person is a Class X felony for which 25 years |
2 | | or up to a term of
natural life shall be added to the |
3 | | term of imprisonment imposed by the court; and
|
4 | | (E) if the defendant proves by a preponderance of |
5 | | the evidence at sentencing that, at the time of the |
6 | | attempted murder, he or she was acting under a sudden |
7 | | and intense passion resulting from serious provocation |
8 | | by the individual whom the defendant endeavored to |
9 | | kill, or another, and, had the individual the defendant |
10 | | endeavored to kill died, the defendant would have |
11 | | negligently or accidentally caused that death, then |
12 | | the sentence for the attempted murder is the sentence |
13 | | for a Class 1 felony;
|
14 | | (2) the sentence for attempt to commit a Class X felony |
15 | | is the sentence
for a Class 1 felony;
|
16 | | (3) the sentence for attempt to commit a Class 1 felony |
17 | | is the sentence
for a Class 2 felony;
|
18 | | (4) the sentence for attempt to commit a Class 2 felony |
19 | | is the sentence
for a Class 3 felony; and
|
20 | | (5) the sentence for attempt to commit any felony other |
21 | | than those
specified in items (1), (2), (3), and (4) of |
22 | | this subsection (c) is
the sentence for a Class A |
23 | | misdemeanor.
|
24 | | (Source: P.A. 96-710, eff. 1-1-10.)
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25 | | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) |
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1 | | Sec. 9-1. First degree Murder - Death penalties - |
2 | | Exceptions - Separate
Hearings - Proof - Findings - Appellate |
3 | | procedures - Reversals.
|
4 | | (a) A person who kills an individual without lawful |
5 | | justification commits
first degree murder if, in performing the |
6 | | acts which cause the death:
|
7 | | (1) he either intends to kill or do great bodily harm |
8 | | to that
individual or another, or knows that such acts will |
9 | | cause death to that
individual or another; or
|
10 | | (2) he knows that such acts create a strong probability |
11 | | of death or
great bodily harm to that individual or |
12 | | another; or
|
13 | | (3) he is attempting or committing a forcible felony |
14 | | other than
second degree murder.
|
15 | | (b) Aggravating Factors ; Death Penalty . A defendant who at |
16 | | the time of the
commission of the offense has attained the age |
17 | | of 18 or more and who has
been found guilty of first degree |
18 | | murder may be sentenced to death if:
|
19 | | (1) the murdered individual was a peace officer or |
20 | | fireman killed in
the course of performing his or her |
21 | | official duties, to prevent the performance
of his or her |
22 | | official duties, or in retaliation for performing his or |
23 | | her official
duties, and the defendant knew or
should have |
24 | | known that the murdered individual was a peace officer or
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25 | | fireman ; or
|
26 | | (2) the murdered individual was an employee of an |
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1 | | institution or
facility of the Department of Corrections, |
2 | | or any similar local
correctional agency, killed in the |
3 | | course of performing his or her official
duties, to prevent |
4 | | the performance of his or her official duties, or in
|
5 | | retaliation for performing his or her official duties , or |
6 | | the murdered
individual was an inmate at such institution |
7 | | or facility and was killed on the
grounds thereof, or the |
8 | | murdered individual was otherwise present in such
|
9 | | institution or facility with the knowledge and approval of |
10 | | the chief
administrative officer thereof ; or
|
11 | | (3) the defendant has been convicted of murdering 3 two |
12 | | or more
individuals under subsection (a) of this Section or |
13 | | under any law of the
United States or of any state which is |
14 | | substantially similar to
subsection (a) of this Section |
15 | | regardless of whether the deaths
occurred as the result of |
16 | | the same act or of several related or
unrelated acts so |
17 | | long as the deaths were the result of either an intent
to |
18 | | kill more than one person or of separate acts which
the |
19 | | defendant knew would cause death or create a strong |
20 | | probability of
death or great bodily harm to the murdered |
21 | | individual or another; or
|
22 | | (4) the murdered individual was under 12 years of age |
23 | | and the death resulted from exceptionally brutal or heinous |
24 | | behavior indicative of wanton cruelty; or |
25 | | (5) the defendant committed the murder with intent to
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26 | | prevent the murdered individual from testifying or |
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1 | | participating in any
criminal investigation or prosecution
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2 | | or giving material assistance to the State in any |
3 | | investigation or
prosecution, either against the defendant |
4 | | or another; or the defendant
committed the murder because |
5 | | the murdered individual was a witness in any
prosecution or |
6 | | gave material assistance to the State in any investigation
|
7 | | or prosecution, either against the defendant or another;
|
8 | | for purposes of this paragraph (5), "participating in any |
9 | | criminal
investigation
or prosecution" is intended to |
10 | | include those appearing in the proceedings in
any capacity |
11 | | such as trial judges, prosecutors, defense attorneys,
|
12 | | investigators, witnesses, or jurors. |
13 | | (c) Aggravating Factors; Natural Life Imprisonment. A |
14 | | defendant who at the time of the commission of the offense has |
15 | | attained the age of 18 or more and who has been found guilty of |
16 | | first degree murder may be sentenced to natural life |
17 | | imprisonment if: |
18 | | (1) the murdered individual was an inmate of an |
19 | | institution or facility of the Department of Corrections, |
20 | | or any similar local correctional agency, and was killed on |
21 | | the grounds thereof, or the murdered individual was |
22 | | otherwise present in such institution or facility with the |
23 | | knowledge and approval of the chief administrative officer |
24 | | thereof; or |
25 | | (2) (4) the murdered individual was killed as a result |
26 | | of the
hijacking of an airplane, train, ship, bus or other |
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1 | | public conveyance; or
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2 | | (3) (5) the defendant committed the murder pursuant to |
3 | | a contract,
agreement or understanding by which he was to |
4 | | receive money or anything
of value in return for committing |
5 | | the murder or procured another to
commit the murder for |
6 | | money or anything of value; or
|
7 | | (4) (6) the murdered individual was killed in the |
8 | | course of another felony if:
|
9 | | (a) the murdered individual:
|
10 | | (i) was actually killed by the defendant, or
|
11 | | (ii) received physical injuries personally |
12 | | inflicted by the defendant
substantially |
13 | | contemporaneously with physical injuries caused by |
14 | | one or
more persons for whose conduct the defendant |
15 | | is legally accountable under
Section 5-2 of this |
16 | | Code, and the physical injuries inflicted by |
17 | | either
the defendant or the other person or persons |
18 | | for whose conduct he or she is legally
accountable |
19 | | caused the death of the murdered individual; and
|
20 | | (b) in performing the acts which caused the death |
21 | | of the murdered
individual or which resulted in |
22 | | physical injuries personally inflicted by
the |
23 | | defendant on the murdered individual under the |
24 | | circumstances of
subdivision (ii) of subparagraph (a) |
25 | | of paragraph (4) (6) of subsection (c) (b) of
this |
26 | | Section, the defendant acted with the intent to kill |
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1 | | the murdered
individual or with the knowledge that his |
2 | | acts created a strong probability
of death or great |
3 | | bodily harm to the murdered individual or another; and
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4 | | (c) the other felony was an inherently violent |
5 | | crime
or the attempt to commit an inherently
violent |
6 | | crime.
In this subparagraph (c), "inherently violent |
7 | | crime" includes, but is not
limited to, armed robbery, |
8 | | robbery, predatory criminal sexual assault of a
child,
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9 | | aggravated criminal sexual assault, aggravated |
10 | | kidnapping, aggravated vehicular
hijacking,
aggravated |
11 | | arson, aggravated stalking, residential burglary, and |
12 | | home
invasion; or
|
13 | | (7) the murdered individual was under 12 years of age |
14 | | and the
death resulted from exceptionally brutal or heinous |
15 | | behavior indicative of
wanton cruelty; or
|
16 | | (5) the defendant has been convicted of murdering two |
17 | | individuals under subsection (a) of this Section or under |
18 | | any law of the United States or of any state which is |
19 | | substantially similar to subsection (a) of this Section |
20 | | regardless of whether the deaths occurred as the result of |
21 | | the same act or of several related or unrelated acts so |
22 | | long as the deaths were the result of either an intent to |
23 | | kill more than one person or of separate acts which the |
24 | | defendant knew would cause death or create a strong |
25 | | probability of death or great bodily harm to the murdered |
26 | | individual or another; or |
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1 | | (8) the defendant committed the murder with intent to
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2 | | prevent the murdered individual from testifying or |
3 | | participating in any
criminal investigation or prosecution
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4 | | or giving material assistance to the State in any |
5 | | investigation or
prosecution, either against the defendant |
6 | | or another; or the defendant
committed the murder because |
7 | | the murdered individual was a witness in any
prosecution or |
8 | | gave material assistance to the State in any investigation
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9 | | or prosecution, either against the defendant or another;
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10 | | for purposes of this paragraph (8), "participating in any |
11 | | criminal
investigation
or prosecution" is intended to |
12 | | include those appearing in the proceedings in
any capacity |
13 | | such as trial judges, prosecutors, defense attorneys,
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14 | | investigators, witnesses, or jurors; or
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15 | | (6) (9) the defendant, while committing an offense |
16 | | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, |
17 | | 407 or 407.1 or subsection (b) of
Section
404 of the |
18 | | Illinois Controlled Substances Act, or while engaged in a
|
19 | | conspiracy or solicitation to commit such offense, |
20 | | intentionally killed an
individual or counseled, |
21 | | commanded, induced, procured or caused the
intentional |
22 | | killing of the murdered individual; or
|
23 | | (7) (10) the defendant was incarcerated in an |
24 | | institution or facility of
the Department of Corrections at |
25 | | the time of the murder, and while
committing an offense |
26 | | punishable as a felony under Illinois law, or while
engaged |
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1 | | in a conspiracy or solicitation to commit such offense,
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2 | | intentionally killed an individual or counseled, |
3 | | commanded, induced,
procured or caused the intentional |
4 | | killing of the murdered individual; or
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5 | | (8) (11) the murder was committed in a cold, calculated |
6 | | and premeditated
manner pursuant to a preconceived plan, |
7 | | scheme or design to take a human
life by unlawful means, |
8 | | and the conduct of the defendant created a
reasonable |
9 | | expectation that the death of a human being would result
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10 | | therefrom; or
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11 | | (9) (12) the murdered individual was a fireman or an |
12 | | emergency medical technician -
ambulance, emergency |
13 | | medical technician - intermediate, emergency medical
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14 | | technician - paramedic, ambulance driver, or
other medical |
15 | | assistance or first aid personnel, employed by a |
16 | | municipality
or other governmental unit, killed in the |
17 | | course of performing his or her official
duties, to prevent |
18 | | the performance of his or her official duties, or in |
19 | | retaliation
for performing his or her official duties, and |
20 | | the defendant knew or should have
known that the murdered |
21 | | individual was a fireman or an emergency medical technician - |
22 | |
ambulance, emergency medical technician - intermediate, |
23 | | emergency medical
technician - paramedic, ambulance |
24 | | driver, or
other medical assistance or first aid personnel ; |
25 | | or
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26 | | (10) (13) the defendant was a principal administrator, |
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1 | | organizer, or leader
of a calculated criminal drug |
2 | | conspiracy consisting of a hierarchical position
of |
3 | | authority superior to that of all other members of the |
4 | | conspiracy, and the
defendant counseled, commanded, |
5 | | induced, procured, or caused the intentional
killing of the |
6 | | murdered person;
or
|
7 | | (11) (14) the murder was intentional and involved the |
8 | | infliction of torture.
For
the purpose of this Section |
9 | | torture means the infliction of or subjection to
extreme |
10 | | physical pain, motivated by an intent to increase or |
11 | | prolong the pain,
suffering or agony of the victim; or
|
12 | | (12) (15) the murder was committed as a result of the |
13 | | intentional discharge
of a firearm by the defendant from a |
14 | | motor vehicle and the victim was not
present within the |
15 | | motor vehicle; or
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16 | | (13) (16) the murdered individual was 60 years of age |
17 | | or older and the death
resulted
from exceptionally brutal |
18 | | or heinous behavior indicative of wanton cruelty; or
|
19 | | (14) (17) the murdered individual was a disabled person |
20 | | and the defendant knew
or
should have known that the |
21 | | murdered individual was disabled. For purposes of
this |
22 | | paragraph (17), "disabled person" means a person who |
23 | | suffers from a
permanent physical or mental impairment |
24 | | resulting from disease, an injury,
a functional disorder, |
25 | | or a congenital condition that renders the person
incapable |
26 | | of
adequately providing for his or her own health or |
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1 | | personal care ; or
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2 | | (15) (18) the murder was committed by reason of any |
3 | | person's activity as a
community policing volunteer or to |
4 | | prevent any person from engaging in activity
as a community |
5 | | policing volunteer; or
|
6 | | (16) (19) the murdered individual was subject to an |
7 | | order of protection and the
murder was committed by a |
8 | | person against whom the same order of protection was
issued |
9 | | under the Illinois Domestic Violence Act of 1986; or
|
10 | | (17) (20) the murdered individual was known by the |
11 | | defendant to be a teacher or
other person employed in any |
12 | | school and the teacher or other employee is upon
the |
13 | | grounds of a school or grounds adjacent to a school, or is |
14 | | in any part of a
building used for school purposes; or
|
15 | | (18) (21) the murder was committed by the defendant in |
16 | | connection with or as
a
result of the offense of terrorism |
17 | | as defined in Section 29D-14.9 of this
Code ; or .
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18 | | (19) (b-5) Aggravating Factor; Natural Life |
19 | | Imprisonment. A defendant who has been found guilty of |
20 | | first degree murder and who at the time of the commission |
21 | | of the offense had attained the age of 18 years or more may |
22 | | be sentenced to natural life imprisonment if
(i) the |
23 | | murdered individual was : (i) a physician, physician |
24 | | assistant, psychologist, nurse, or advanced practice |
25 | | nurse, (ii) a person whom the defendant knew or should have
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26 | | known that the murdered individual was a physician, |
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1 | | physician assistant, psychologist, nurse, or advanced |
2 | | practice nurse, and (iii) the murdered individual was |
3 | | killed in the course of acting in his or her capacity as a |
4 | | physician, physician assistant, psychologist, nurse, or |
5 | | advanced practice nurse, or to prevent him or her from |
6 | | acting in that capacity, or in retaliation
for his or her |
7 | | acting in that capacity. |
8 | | (d) (c) Consideration of factors in Aggravation and |
9 | | Mitigation.
|
10 | | The court shall consider, or shall instruct the jury to |
11 | | consider any
aggravating and any mitigating factors which are |
12 | | relevant to the
imposition of the death penalty. Aggravating |
13 | | factors may include but
need not be limited to those factors |
14 | | set forth in subsection (b).
Mitigating factors may include but |
15 | | need not be limited to the following:
|
16 | | (1) the defendant has no significant history of prior |
17 | | criminal
activity;
|
18 | | (2) the murder was committed while the defendant was |
19 | | under
the influence of extreme mental or emotional |
20 | | disturbance, although not such
as to constitute a defense |
21 | | to prosecution;
|
22 | | (3) the murdered individual was a participant in the
|
23 | | defendant's homicidal conduct or consented to the |
24 | | homicidal act;
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25 | | (4) the defendant acted under the compulsion of threat |
26 | | or
menace of the imminent infliction of death or great |
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1 | | bodily harm;
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2 | | (5) the defendant was not personally present during
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3 | | commission of the act or acts causing death;
|
4 | | (6) the defendant's background includes a history of |
5 | | extreme emotional
or physical abuse;
|
6 | | (7) the defendant suffers from a reduced mental |
7 | | capacity.
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8 | | (e) (d) Separate sentencing hearing.
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9 | | Where requested by the State, the court shall conduct a |
10 | | separate
sentencing proceeding to determine the existence of |
11 | | factors set forth in
subsection (b) and to consider any |
12 | | aggravating or mitigating factors as
indicated in subsection |
13 | | (c). The proceeding shall be conducted:
|
14 | | (1) before the jury that determined the defendant's |
15 | | guilt; or
|
16 | | (2) before a jury impanelled for the purpose of the |
17 | | proceeding if:
|
18 | | A. the defendant was convicted upon a plea of |
19 | | guilty; or
|
20 | | B. the defendant was convicted after a trial before |
21 | | the court
sitting without a jury; or
|
22 | | C. the court for good cause shown discharges the |
23 | | jury that
determined the defendant's guilt; or
|
24 | | (3) before the court alone if the defendant waives a |
25 | | jury
for the separate proceeding.
|
26 | | (f) (e) Evidence and Argument.
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1 | | During the proceeding any information relevant to any of |
2 | | the factors
set forth in subsection (b) may be presented by |
3 | | either the State or the
defendant under the rules governing the |
4 | | admission of evidence at
criminal trials. Any information |
5 | | relevant to any additional aggravating
factors or any |
6 | | mitigating factors indicated in subsection (c) may be
presented |
7 | | by the State or defendant regardless of its admissibility
under |
8 | | the rules governing the admission of evidence at criminal |
9 | | trials.
The State and the defendant shall be given fair |
10 | | opportunity to rebut any
information received at the hearing.
|
11 | | (g) (f) Proof.
|
12 | | The burden of proof of establishing the existence of any of |
13 | | the
factors set forth in subsection (b) is on the State and |
14 | | shall not be
satisfied unless established beyond a reasonable |
15 | | doubt.
|
16 | | (h) (g) Procedure - Jury.
|
17 | | If at the separate sentencing proceeding the jury finds |
18 | | that none of
the factors set forth in subsection (b) exists, |
19 | | the court shall sentence
the defendant to a term of |
20 | | imprisonment under Chapter V of the Unified
Code of |
21 | | Corrections. If there is a unanimous finding by the jury that
|
22 | | one or more of the factors set forth in subsection (b) exist, |
23 | | the jury
shall consider aggravating and mitigating factors as |
24 | | instructed by the
court and shall determine whether the |
25 | | sentence of death shall be
imposed. If the jury determines |
26 | | unanimously, after weighing the factors in
aggravation and |
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1 | | mitigation, that death is the appropriate sentence, the court |
2 | | shall sentence the defendant to death.
If the court does not |
3 | | concur with the jury determination that death is the
|
4 | | appropriate sentence, the court shall set forth reasons in |
5 | | writing
including what facts or circumstances the court relied |
6 | | upon,
along with any relevant
documents, that compelled the |
7 | | court to non-concur with the sentence. This
document and any |
8 | | attachments shall be part of the record for appellate
review. |
9 | | The court shall be bound by the jury's sentencing |
10 | | determination.
|
11 | | If after weighing the factors in aggravation and |
12 | | mitigation, one or more
jurors determines that death is not the |
13 | | appropriate sentence,
the
court shall sentence the defendant to |
14 | | a term of imprisonment under
Chapter V of the Unified Code of |
15 | | Corrections.
|
16 | | (i) (h) Procedure - No Jury.
|
17 | | In a proceeding before the court alone, if the court finds |
18 | | that none
of the factors found in subsection (b) exists, the |
19 | | court shall sentence
the defendant to a term of imprisonment |
20 | | under Chapter V of the Unified
Code of Corrections.
|
21 | | If the Court determines that one or more of the factors set |
22 | | forth in
subsection (b) exists, the Court shall consider any |
23 | | aggravating and
mitigating factors as indicated in subsection |
24 | | (c). If the Court
determines, after weighing the factors in |
25 | | aggravation and mitigation, that
death is the appropriate |
26 | | sentence, the Court shall sentence the
defendant to death.
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1 | | If
the court finds that death is not the
appropriate |
2 | | sentence, the
court shall sentence the defendant to a term of |
3 | | imprisonment under
Chapter V of the Unified Code of |
4 | | Corrections.
|
5 | | (j) (h-5) Decertification as a capital case.
|
6 | | In a case in which the defendant has been found guilty of |
7 | | first degree murder
by a judge or jury, or a case on remand for |
8 | | resentencing, and the State seeks
the death penalty as an |
9 | | appropriate
sentence,
on the court's own motion or the written |
10 | | motion of the defendant, the court
may decertify the case as a |
11 | | death penalty case if the court finds that the only
evidence |
12 | | supporting the defendant's conviction is the uncorroborated |
13 | | testimony
of an informant witness, as defined in Section 115-21 |
14 | | of the Code of Criminal
Procedure of 1963, concerning the |
15 | | confession or admission of the defendant or
that the sole |
16 | | evidence against the defendant is a single eyewitness or single
|
17 | | accomplice without any other corroborating evidence.
If the |
18 | | court decertifies the case as a capital case
under either of |
19 | | the grounds set forth above, the court shall issue a
written |
20 | | finding. The State may pursue its right to appeal the |
21 | | decertification
pursuant to Supreme Court Rule 604(a)(1). If |
22 | | the court does not
decertify the case as a capital case, the |
23 | | matter shall proceed to the
eligibility phase of the sentencing |
24 | | hearing.
|
25 | | (k) (i) Appellate Procedure.
|
26 | | The conviction and sentence of death shall be subject to |
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1 | | automatic
review by the Supreme Court. Such review shall be in |
2 | | accordance with
rules promulgated by the Supreme Court.
The |
3 | | Illinois Supreme Court may overturn the death sentence, and |
4 | | order the
imposition of imprisonment under Chapter V of the |
5 | | Unified Code of
Corrections if the court finds that the death |
6 | | sentence is fundamentally
unjust as applied to the particular |
7 | | case.
If the Illinois Supreme Court finds that the
death |
8 | | sentence is fundamentally unjust as applied to the particular |
9 | | case,
independent of any procedural grounds for relief, the |
10 | | Illinois Supreme Court
shall issue a written opinion explaining |
11 | | this finding.
|
12 | | (l) (j) Disposition of reversed death sentence.
|
13 | | In the event that the death penalty in this Act is held to |
14 | | be
unconstitutional by the Supreme Court of the United States |
15 | | or of the
State of Illinois, any person convicted of first |
16 | | degree murder shall be
sentenced by the court to a term of |
17 | | imprisonment under Chapter V of the
Unified Code of |
18 | | Corrections.
|
19 | | In the event that any death sentence pursuant to the |
20 | | sentencing
provisions of this Section is declared |
21 | | unconstitutional by the Supreme
Court of the United States or |
22 | | of the State of Illinois, the court having
jurisdiction over a |
23 | | person previously sentenced to death shall cause the
defendant |
24 | | to be brought before the court, and the court shall sentence
|
25 | | the defendant to a term of imprisonment under Chapter V of the
|
26 | | Unified Code of Corrections.
|
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1 | | (m) (k) Guidelines for seeking the death penalty.
|
2 | | The Attorney General and
State's Attorneys Association |
3 | | shall consult on voluntary guidelines for
procedures governing |
4 | | whether or not to seek the death penalty. The guidelines
do not
|
5 | | have the force of law and are only advisory in nature.
|
6 | | (n) For purposes of paragraph (c)(14), "disabled person" |
7 | | means a person who suffers from a permanent physical or mental |
8 | | impairment resulting from disease, an injury, a functional |
9 | | disorder, or a congenital condition that renders the person |
10 | | incapable of adequately providing for his or her own health or |
11 | | personal care. |
12 | | For purposes of paragraph (c)(9), "emergency medical |
13 | | technician" means an emergency medical technician-ambulance, |
14 | | emergency medical technician-intermediate, emergency medical |
15 | | technician-paramedic, ambulance driver, or other medical |
16 | | assistance or first aid personnel, employed by a municipality |
17 | | or other governmental unit. |
18 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.) |
19 | | Section 10. The Unified Code of Corrections is amended by |
20 | | changing Section 5-8-1 as follows:
|
21 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
|
22 | | Sec. 5-8-1. Natural life imprisonment; enhancements for |
23 | | use of a firearm; mandatory supervised release terms.
|
24 | | (a) Except as otherwise provided in the statute defining |
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1 | | the offense or in Article 4.5 of Chapter V, a
sentence of |
2 | | imprisonment for a felony shall be a determinate sentence set |
3 | | by
the court under this Section, according to the following |
4 | | limitations:
|
5 | | (1) for first degree murder,
|
6 | | (a) (blank),
|
7 | | (b) if a trier of fact finds beyond a reasonable
|
8 | | doubt that the murder was accompanied by exceptionally
|
9 | | brutal or heinous behavior indicative of wanton |
10 | | cruelty or, except as set forth
in subsection (a)(1)(c) |
11 | | of this Section, that any of the aggravating factors
|
12 | | listed in subsection (b) or (c) (b-5) of Section 9-1 of |
13 | | the Criminal Code of 1961 are
present, the court may |
14 | | sentence the defendant to a term of natural life
|
15 | | imprisonment, or
|
16 | | (c) the court shall sentence the defendant to a |
17 | | term of natural life
imprisonment when the death |
18 | | penalty is not imposed if the defendant,
|
19 | | (i) has previously been convicted of first |
20 | | degree murder under
any state or federal law, or
|
21 | | (ii) is a person who, at the time of the |
22 | | commission of the murder,
had attained the age of |
23 | | 17 or more and is found guilty of murdering an
|
24 | | individual under 12 years of age; or, irrespective |
25 | | of the defendant's age at
the time of the |
26 | | commission of the offense, is found guilty of |
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1 | | murdering more
than one victim, or
|
2 | | (iii) is found guilty of murdering a peace |
3 | | officer, fireman, or emergency management worker |
4 | | when
the peace officer, fireman, or emergency |
5 | | management worker was killed in the course of |
6 | | performing his
or her official duties, or to |
7 | | prevent the peace officer or fireman from
|
8 | | performing his or her official duties, or in |
9 | | retaliation for the peace officer,
fireman, or |
10 | | emergency management worker from performing his or |
11 | | her official duties, and the defendant knew or |
12 | | should
have known that the murdered individual was |
13 | | a peace officer, fireman, or emergency management |
14 | | worker, or
|
15 | | (iv) is found guilty of murdering an employee |
16 | | of an institution or
facility of the Department of |
17 | | Corrections, or any similar local
correctional |
18 | | agency, when the employee was killed in the course |
19 | | of
performing his or her official duties, or to |
20 | | prevent the employee from performing
his or her |
21 | | official duties, or in retaliation for the |
22 | | employee performing his or her
official duties, or
|
23 | | (v) is found guilty of murdering an emergency |
24 | | medical
technician - ambulance, emergency medical |
25 | | technician - intermediate, emergency
medical |
26 | | technician - paramedic, ambulance driver or other |
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1 | | medical assistance or
first aid person while |
2 | | employed by a municipality or other governmental |
3 | | unit
when the person was killed in the course of |
4 | | performing official duties or
to prevent the |
5 | | person from performing official duties or in |
6 | | retaliation
for performing official duties and the |
7 | | defendant knew or should have known
that the |
8 | | murdered individual was an emergency medical |
9 | | technician - ambulance,
emergency medical |
10 | | technician - intermediate, emergency medical
|
11 | | technician - paramedic, ambulance driver, or other |
12 | | medical
assistant or first aid personnel, or
|
13 | | (vi) is a person who, at the time of the |
14 | | commission of the murder,
had not attained the age |
15 | | of 17, and is found guilty of murdering a person |
16 | | under
12 years of age and the murder is committed |
17 | | during the course of aggravated
criminal sexual |
18 | | assault, criminal sexual assault, or aggravated |
19 | | kidnaping,
or
|
20 | | (vii) is found guilty of first degree murder |
21 | | and the murder was
committed by reason of any |
22 | | person's activity as a community policing |
23 | | volunteer
or to prevent any person from engaging in |
24 | | activity as a community policing
volunteer. For |
25 | | the purpose of this Section, "community policing |
26 | | volunteer"
has the meaning ascribed to it in |
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1 | | Section 2-3.5 of the Criminal Code of 1961.
|
2 | | For purposes of clause (v), "emergency medical |
3 | | technician - ambulance",
"emergency medical technician - |
4 | | intermediate", "emergency medical technician -
|
5 | | paramedic", have the meanings ascribed to them in the |
6 | | Emergency Medical
Services (EMS) Systems Act.
|
7 | | (d) (i) if the person committed the offense while |
8 | | armed with a
firearm, 15 years shall be added to |
9 | | the term of imprisonment imposed by the
court;
|
10 | | (ii) if, during the commission of the offense, |
11 | | the person
personally discharged a firearm, 20 |
12 | | years shall be added to the term of
imprisonment |
13 | | imposed by the court;
|
14 | | (iii) if, during the commission of the |
15 | | offense, the person
personally discharged a |
16 | | firearm that proximately caused great bodily harm,
|
17 | | permanent disability, permanent disfigurement, or |
18 | | death to another person, 25
years or up to a term |
19 | | of natural life shall be added to the term of
|
20 | | imprisonment imposed by the court.
|
21 | | (2) (blank);
|
22 | | (2.5) for a person convicted under the circumstances |
23 | | described in
paragraph (3) of subsection (b) of Section |
24 | | 12-13, paragraph (2) of subsection
(d) of Section 12-14, |
25 | | paragraph (1.2) of subsection (b) of
Section 12-14.1, or |
26 | | paragraph (2) of subsection (b) of Section 12-14.1
of the |
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1 | | Criminal Code of 1961, the sentence shall be a term of |
2 | | natural life
imprisonment.
|
3 | | (b) (Blank).
|
4 | | (c) (Blank).
|
5 | | (d) Subject to
earlier termination under Section 3-3-8, the |
6 | | parole or mandatory
supervised release term shall be as |
7 | | follows:
|
8 | | (1) for first degree murder or a Class X felony except |
9 | | for the offenses of predatory criminal sexual assault of a |
10 | | child, aggravated criminal sexual assault, and criminal |
11 | | sexual assault if committed on or after the effective date |
12 | | of this amendatory Act of the 94th General Assembly and |
13 | | except for the offense of aggravated child pornography |
14 | | under Section 11-20.3 of the Criminal Code of 1961, if |
15 | | committed on or after January 1, 2009, 3 years;
|
16 | | (2) for a Class 1 felony or a Class 2 felony except for |
17 | | the offense of criminal sexual assault if committed on or |
18 | | after the effective date of this amendatory Act of the 94th |
19 | | General Assembly and except for the offenses of manufacture |
20 | | and dissemination of child pornography under clauses |
21 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code |
22 | | of 1961, if committed on or after January 1, 2009, 2 years;
|
23 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
|
24 | | (4) for defendants who commit the offense of predatory |
25 | | criminal sexual assault of a child, aggravated criminal |
26 | | sexual assault, or criminal sexual assault, on or after the |
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1 | | effective date of this amendatory Act of the 94th General |
2 | | Assembly, or who commit the offense of aggravated child |
3 | | pornography, manufacture of child pornography, or |
4 | | dissemination of child pornography after January 1, 2009, |
5 | | the term of mandatory supervised release shall range from a |
6 | | minimum of 3 years to a maximum of the natural life of the |
7 | | defendant;
|
8 | | (5) if the victim is under 18 years of age, for a |
9 | | second or subsequent
offense of aggravated criminal sexual |
10 | | abuse or felony criminal sexual abuse,
4 years, at least |
11 | | the first 2 years of which the defendant shall serve in an
|
12 | | electronic home detention program under Article 8A of |
13 | | Chapter V of this Code;
|
14 | | (6) for a felony domestic battery, aggravated domestic |
15 | | battery, stalking, aggravated stalking, and a felony |
16 | | violation of an order of protection, 4 years. |
17 | | (e) (Blank).
|
18 | | (f) (Blank).
|
19 | | (Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09; |
20 | | 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1200, eff. |
21 | | 7-22-10; 96-1475, eff. 1-1-11; revised 9-16-10.)
|
22 | | (725 ILCS 5/119-1 rep.) |
23 | | Section 15. The Code of Criminal Procedure of 1963 is |
24 | | amended by repealing Section 119-1 as added by Public Act |
25 | | 96-1543. |