100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4784

 

Introduced , by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/9-1  from Ch. 38, par. 9-1

    Amends the Criminal Code of 2012. Provides that a defendant who has been found guilty of first degree murder and who at the time of the commission of the offense had attained the age of 18 years or more may be sentenced to natural life imprisonment if the murder was committed against a victim who was the parent of a child under 18 years of age at the time of the commission of the offense and the defendant is: (1) the spouse or former spouse of the victim; (2) a person who shares or formerly shared a common dwelling with the victim; or (3) a person who has or allegedly had a child in common with the victim.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4784LRB100 17055 RLC 32206 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 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;
8exceptions; separate hearings; proof; findings; appellate
9procedures; reversals. First degree Murder - Death penalties -
10Exceptions - Separate Hearings - Proof - Findings - Appellate
11procedures - Reversals.
12    (a) A person who kills an individual without lawful
13justification commits first degree murder if, in performing the
14acts which cause the death:
15        (1) he either intends to kill or do great bodily harm
16    to that individual or another, or knows that such acts will
17    cause death to that individual or another; or
18        (2) he knows that such acts create a strong probability
19    of death or great bodily harm to that individual or
20    another; or
21        (3) he is attempting or committing a forcible felony
22    other than second degree murder.
23    (b) Aggravating Factors. A defendant who at the time of the

 

 

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1commission of the offense has attained the age of 18 or more
2and who has been found guilty of first degree murder may be
3sentenced to death if:
4        (1) the murdered individual was a peace officer or
5    fireman killed in the course of performing his official
6    duties, to prevent the performance of his official duties,
7    or in retaliation for performing his official duties, and
8    the defendant knew or should have known that the murdered
9    individual was a peace officer or fireman; or
10        (2) the murdered individual was an employee of an
11    institution or facility of the Department of Corrections,
12    or any similar local correctional agency, killed in the
13    course of performing his official duties, to prevent the
14    performance of his official duties, or in retaliation for
15    performing his official duties, or the murdered individual
16    was an inmate at such institution or facility and was
17    killed on the grounds thereof, or the murdered individual
18    was otherwise present in such institution or facility with
19    the knowledge and approval of the chief administrative
20    officer thereof; or
21        (3) the defendant has been convicted of murdering two
22    or more individuals under subsection (a) of this Section or
23    under any law of the United States or of any state which is
24    substantially similar to subsection (a) of this Section
25    regardless of whether the deaths occurred as the result of
26    the same act or of several related or unrelated acts so

 

 

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1    long as the deaths were the result of either an intent to
2    kill more than one person or of separate acts which the
3    defendant knew would cause death or create a strong
4    probability of death or great bodily harm to the murdered
5    individual or another; or
6        (4) the murdered individual was killed as a result of
7    the hijacking of an airplane, train, ship, bus or other
8    public conveyance; or
9        (5) the defendant committed the murder pursuant to a
10    contract, agreement or understanding by which he was to
11    receive money or anything of value in return for committing
12    the murder or procured another to commit the murder for
13    money or anything of value; or
14        (6) the murdered individual was killed in the course of
15    another felony if:
16            (a) the murdered individual:
17                (i) was actually killed by the defendant, or
18                (ii) received physical injuries personally
19            inflicted by the defendant substantially
20            contemporaneously with physical injuries caused by
21            one or more persons for whose conduct the defendant
22            is legally accountable under Section 5-2 of this
23            Code, and the physical injuries inflicted by
24            either the defendant or the other person or persons
25            for whose conduct he is legally accountable caused
26            the death of the murdered individual; and

 

 

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1            (b) in performing the acts which caused the death
2        of the murdered individual or which resulted in
3        physical injuries personally inflicted by the
4        defendant on the murdered individual under the
5        circumstances of subdivision (ii) of subparagraph (a)
6        of paragraph (6) of subsection (b) of this Section, the
7        defendant acted with the intent to kill the murdered
8        individual or with the knowledge that his acts created
9        a strong probability of death or great bodily harm to
10        the murdered individual or another; and
11            (c) the other felony was an inherently violent
12        crime or the attempt to commit an inherently violent
13        crime. In this subparagraph (c), "inherently violent
14        crime" includes, but is not limited to, armed robbery,
15        robbery, predatory criminal sexual assault of a child,
16        aggravated criminal sexual assault, aggravated
17        kidnapping, aggravated vehicular hijacking, aggravated
18        arson, aggravated stalking, residential burglary, and
19        home invasion; or
20        (7) the murdered individual was under 12 years of age
21    and the death resulted from exceptionally brutal or heinous
22    behavior indicative of wanton cruelty; or
23        (8) the defendant committed the murder with intent to
24    prevent the murdered individual from testifying or
25    participating in any criminal investigation or prosecution
26    or giving material assistance to the State in any

 

 

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1    investigation or prosecution, either against the defendant
2    or another; or the defendant committed the murder because
3    the murdered individual was a witness in any prosecution or
4    gave material assistance to the State in any investigation
5    or prosecution, either against the defendant or another;
6    for purposes of this paragraph (8), "participating in any
7    criminal investigation or prosecution" is intended to
8    include those appearing in the proceedings in any capacity
9    such as trial judges, prosecutors, defense attorneys,
10    investigators, witnesses, or jurors; or
11        (9) the defendant, while committing an offense
12    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
13    407 or 407.1 or subsection (b) of Section 404 of the
14    Illinois Controlled Substances Act, or while engaged in a
15    conspiracy or solicitation to commit such offense,
16    intentionally killed an individual or counseled,
17    commanded, induced, procured or caused the intentional
18    killing of the murdered individual; or
19        (10) the defendant was incarcerated in an institution
20    or facility of the Department of Corrections at the time of
21    the murder, and while committing an offense punishable as a
22    felony under Illinois law, or while engaged in a conspiracy
23    or solicitation to commit such offense, intentionally
24    killed an individual or counseled, commanded, induced,
25    procured or caused the intentional killing of the murdered
26    individual; or

 

 

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1        (11) the murder was committed in a cold, calculated and
2    premeditated manner pursuant to a preconceived plan,
3    scheme or design to take a human life by unlawful means,
4    and the conduct of the defendant created a reasonable
5    expectation that the death of a human being would result
6    therefrom; or
7        (12) the murdered individual was an emergency medical
8    technician - ambulance, emergency medical technician -
9    intermediate, emergency medical technician - paramedic,
10    ambulance driver, or other medical assistance or first aid
11    personnel, employed by a municipality or other
12    governmental unit, killed in the course of performing his
13    official 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 an emergency medical
17    technician - ambulance, emergency medical technician -
18    intermediate, emergency medical technician - paramedic,
19    ambulance driver, or other medical assistance or first aid
20    personnel; or
21        (13) the defendant was a principal administrator,
22    organizer, or leader of a calculated criminal drug
23    conspiracy consisting of a hierarchical position of
24    authority superior to that of all other members of the
25    conspiracy, and the defendant counseled, commanded,
26    induced, procured, or caused the intentional killing of the

 

 

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1    murdered person; or
2        (14) the murder was intentional and involved the
3    infliction of torture. For the purpose of this Section
4    torture means the infliction of or subjection to extreme
5    physical pain, motivated by an intent to increase or
6    prolong the pain, suffering or agony of the victim; or
7        (15) the murder was committed as a result of the
8    intentional discharge of a firearm by the defendant from a
9    motor vehicle and the victim was not present within the
10    motor vehicle; or
11        (16) the murdered individual was 60 years of age or
12    older and the death resulted from exceptionally brutal or
13    heinous behavior indicative of wanton cruelty; or
14        (17) the murdered individual was a person with a
15    disability and the defendant knew or should have known that
16    the murdered individual was a person with a disability. For
17    purposes of this paragraph (17), "person with a disability"
18    means a person who suffers from a permanent physical or
19    mental impairment resulting from disease, an injury, a
20    functional disorder, or a congenital condition that
21    renders the person incapable of adequately providing for
22    his or her own health or personal care; or
23        (18) the murder was committed by reason of any person's
24    activity as a community policing volunteer or to prevent
25    any person from engaging in activity as a community
26    policing volunteer; or

 

 

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1        (19) the murdered individual was subject to an order of
2    protection and the murder was committed by a person against
3    whom the same order of protection was issued under the
4    Illinois Domestic Violence Act of 1986; or
5        (20) the murdered individual was known by the defendant
6    to be a teacher or other person employed in any school and
7    the teacher or other employee is upon the grounds of a
8    school or grounds adjacent to a school, or is in any part
9    of a building used for school purposes; or
10        (21) the murder was committed by the defendant in
11    connection with or as a result of the offense of terrorism
12    as defined in Section 29D-14.9 of this Code.
13    (b-5) Aggravating Factor; Natural Life Imprisonment. A
14defendant who has been found guilty of first degree murder and
15who at the time of the commission of the offense had attained
16the age of 18 years or more may be sentenced to natural life
17imprisonment if:
18        (1) (i) the murdered individual was a physician,
19    physician assistant, psychologist, nurse, or advanced
20    practice registered nurse when:
21            (A) , (ii) the defendant knew or should have known
22        that the murdered individual was a physician,
23        physician assistant, psychologist, nurse, or advanced
24        practice registered nurse, and
25            (B) (iii) the murdered individual was killed in the
26        course of acting in his or her capacity as a physician,

 

 

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1        physician assistant, psychologist, nurse, or advanced
2        practice registered nurse, or to prevent him or her
3        from acting in that capacity, or in retaliation for his
4        or her acting in that capacity; or
5        (2) the murder was committed against a victim who was
6    the parent of a child under 18 years of age at the time of
7    the commission of the offense and the defendant is:
8            (A) the spouse or former spouse of the victim;
9            (B) a person who shares or formerly shared a common
10        dwelling with the victim; or
11            (C) a person who has or allegedly had a child in
12        common with the victim.
13     (c) Consideration of factors in Aggravation and
14Mitigation.
15    The court shall consider, or shall instruct the jury to
16consider any aggravating and any mitigating factors which are
17relevant to the imposition of the death penalty. Aggravating
18factors may include but need not be limited to those factors
19set forth in subsection (b). Mitigating factors may include but
20need not be limited to the following:
21        (1) the defendant has no significant history of prior
22    criminal activity;
23        (2) the murder was committed while the defendant was
24    under the influence of extreme mental or emotional
25    disturbance, although not such as to constitute a defense
26    to prosecution;

 

 

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1        (3) the murdered individual was a participant in the
2    defendant's homicidal conduct or consented to the
3    homicidal act;
4        (4) the defendant acted under the compulsion of threat
5    or menace of the imminent infliction of death or great
6    bodily harm;
7        (5) the defendant was not personally present during
8    commission of the act or acts causing death;
9        (6) the defendant's background includes a history of
10    extreme emotional or physical abuse;
11        (7) the defendant suffers from a reduced mental
12    capacity.
13    Provided, however, that an action that does not otherwise
14mitigate first degree murder cannot qualify as a mitigating
15factor for first degree murder because of the discovery,
16knowledge, or disclosure of the victim's sexual orientation as
17defined in Section 1-103 of the Illinois Human Rights Act.
18    (d) Separate sentencing hearing.
19    Where requested by the State, the court shall conduct a
20separate sentencing proceeding to determine the existence of
21factors set forth in subsection (b) and to consider any
22aggravating or mitigating factors as indicated in subsection
23(c). The proceeding shall be conducted:
24        (1) before the jury that determined the defendant's
25    guilt; or
26        (2) before a jury impanelled for the purpose of the

 

 

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1    proceeding if:
2            A. the defendant was convicted upon a plea of
3        guilty; or
4            B. the defendant was convicted after a trial before
5        the court sitting without a jury; or
6            C. the court for good cause shown discharges the
7        jury that determined the defendant's guilt; or
8        (3) before the court alone if the defendant waives a
9    jury for the separate proceeding.
10    (e) Evidence and Argument.
11    During the proceeding any information relevant to any of
12the factors set forth in subsection (b) may be presented by
13either the State or the defendant under the rules governing the
14admission of evidence at criminal trials. Any information
15relevant to any additional aggravating factors or any
16mitigating factors indicated in subsection (c) may be presented
17by the State or defendant regardless of its admissibility under
18the rules governing the admission of evidence at criminal
19trials. The State and the defendant shall be given fair
20opportunity to rebut any information received at the hearing.
21    (f) Proof.
22    The burden of proof of establishing the existence of any of
23the factors set forth in subsection (b) is on the State and
24shall not be satisfied unless established beyond a reasonable
25doubt.
26    (g) Procedure - Jury.

 

 

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1    If at the separate sentencing proceeding the jury finds
2that none of the factors set forth in subsection (b) exists,
3the court shall sentence the defendant to a term of
4imprisonment under Chapter V of the Unified Code of
5Corrections. If there is a unanimous finding by the jury that
6one or more of the factors set forth in subsection (b) exist,
7the jury shall consider aggravating and mitigating factors as
8instructed by the court and shall determine whether the
9sentence of death shall be imposed. If the jury determines
10unanimously, after weighing the factors in aggravation and
11mitigation, that death is the appropriate sentence, the court
12shall sentence the defendant to death. If the court does not
13concur with the jury determination that death is the
14appropriate sentence, the court shall set forth reasons in
15writing including what facts or circumstances the court relied
16upon, along with any relevant documents, that compelled the
17court to non-concur with the sentence. This document and any
18attachments shall be part of the record for appellate review.
19The court shall be bound by the jury's sentencing
20determination.
21    If after weighing the factors in aggravation and
22mitigation, one or more jurors determines that death is not the
23appropriate sentence, the court shall sentence the defendant to
24a term of imprisonment under Chapter V of the Unified Code of
25Corrections.
26    (h) Procedure - No Jury.

 

 

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1    In a proceeding before the court alone, if the court finds
2that none of the factors found in subsection (b) exists, the
3court shall sentence the defendant to a term of imprisonment
4under Chapter V of the Unified Code of Corrections.
5    If the Court determines that one or more of the factors set
6forth in subsection (b) exists, the Court shall consider any
7aggravating and mitigating factors as indicated in subsection
8(c). If the Court determines, after weighing the factors in
9aggravation and mitigation, that death is the appropriate
10sentence, the Court shall sentence the defendant to death.
11    If the court finds that death is not the appropriate
12sentence, the court shall sentence the defendant to a term of
13imprisonment under Chapter V of the Unified Code of
14Corrections.
15    (h-5) Decertification as a capital case.
16    In a case in which the defendant has been found guilty of
17first degree murder by a judge or jury, or a case on remand for
18resentencing, and the State seeks the death penalty as an
19appropriate sentence, on the court's own motion or the written
20motion of the defendant, the court may decertify the case as a
21death penalty case if the court finds that the only evidence
22supporting the defendant's conviction is the uncorroborated
23testimony of an informant witness, as defined in Section 115-21
24of the Code of Criminal Procedure of 1963, concerning the
25confession or admission of the defendant or that the sole
26evidence against the defendant is a single eyewitness or single

 

 

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1accomplice without any other corroborating evidence. If the
2court decertifies the case as a capital case under either of
3the grounds set forth above, the court shall issue a written
4finding. The State may pursue its right to appeal the
5decertification pursuant to Supreme Court Rule 604(a)(1). If
6the court does not decertify the case as a capital case, the
7matter shall proceed to the eligibility phase of the sentencing
8hearing.
9    (i) Appellate Procedure.
10    The conviction and sentence of death shall be subject to
11automatic review by the Supreme Court. Such review shall be in
12accordance with rules promulgated by the Supreme Court. The
13Illinois Supreme Court may overturn the death sentence, and
14order the imposition of imprisonment under Chapter V of the
15Unified Code of Corrections if the court finds that the death
16sentence is fundamentally unjust as applied to the particular
17case. If the Illinois Supreme Court finds that the death
18sentence is fundamentally unjust as applied to the particular
19case, independent of any procedural grounds for relief, the
20Illinois Supreme Court shall issue a written opinion explaining
21this finding.
22    (j) Disposition of reversed death sentence.
23    In the event that the death penalty in this Act is held to
24be unconstitutional by the Supreme Court of the United States
25or of the State of Illinois, any person convicted of first
26degree murder shall be sentenced by the court to a term of

 

 

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1imprisonment under Chapter V of the Unified Code of
2Corrections.
3    In the event that any death sentence pursuant to the
4sentencing provisions of this Section is declared
5unconstitutional by the Supreme Court of the United States or
6of the State of Illinois, the court having jurisdiction over a
7person previously sentenced to death shall cause the defendant
8to be brought before the court, and the court shall sentence
9the defendant to a term of imprisonment under Chapter V of the
10Unified Code of Corrections.
11    (k) Guidelines for seeking the death penalty.
12    The Attorney General and State's Attorneys Association
13shall consult on voluntary guidelines for procedures governing
14whether or not to seek the death penalty. The guidelines do not
15have the force of law and are only advisory in nature.
16(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18;
17100-513, eff. 1-1-18; revised 10-5-17.)