95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0044

 

Introduced 1/19/2007, by Rep. Timothy L. Schmitz

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/115-4   from Ch. 38, par. 115-4

    Amends the Code of Criminal Procedure of 1963. Provides that in all cases to be tried by jury in which the defendant is charged with first degree murder, the court shall inform the jury venire as to whether the State is seeking the death penalty on any first degree murder count.


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A BILL FOR

 

HB0044 LRB095 03676 RLC 23703 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 115-4 as follows:
 
6     (725 ILCS 5/115-4)  (from Ch. 38, par. 115-4)
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.
10     (b) The jury shall consist of 12 members.
11     (c) Upon request the parties shall be furnished with a list
12 of prospective jurors with their addresses if known.
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.
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.
21     (e) A defendant tried alone shall be allowed 20 peremptory
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
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.
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.
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.
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.
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
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
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
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
6 subsections (c) and (d) of Section 6-2 of the Criminal Code of
7 1961, as amended, at the time of the offense.
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.
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
21 verdict to the clerk of the court, separate, and then return
22 such verdict in open court at its next session.
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
5 probability that prejudice to the defendant or to the State
6 will result from such separation.
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.
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.
16 (Source: P.A. 86-392.)