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| [ Senate Amendment 001 ] |
90_HB2400
720 ILCS 5/2-3.5 new
720 ILCS 5/9-1 from Ch. 38, par. 9-1
720 ILCS 5/12-4 from Ch. 38, par. 12-4
Amends the Criminal Code of 1961. Defines "community
policing person". Provides that it is an aggravating factor
for which the death penalty may be imposed that the murdered
individual was a community policing person killed in the
course of performing community policing functions or to
prevent the community policing person from performing
community policing functions or in retaliation for performing
community policing functions and that the defendant knew or
should have known that the murdered individual was a
community policing person. Also establishes these factors to
enhance battery to aggravated battery. Makes the enhanced
offense a Class 2 felony (rather than a Class 3 felony) for
which a sentence of imprisonment may be imposed of not less
than 3 nor more than 14 years. Effective immediately.
LRB9007731RCks
LRB9007731RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 9-1 and 12-4 and adding Section 2-3.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 9-1 and 12-4 and adding Section 2-3.5 as
7 follows:
8 (720 ILCS 5/2-3.5 new)
9 Sec. 2-3.5. Community policing person. "Community
10 policing person" means a person performing any work or duties
11 that are prescribed by, guided by, or directed by members of
12 a law enforcement agency under any community policing program
13 established by and conducted under the auspices of a law
14 enforcement agency in which citizens act under the guidance
15 or direction of the law enforcement agency to reduce or
16 prevent crime in a given geographic area.
17 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
18 Sec. 9-1. First degree Murder - Death penalties -
19 Exceptions - Separate Hearings - Proof - Findings - Appellate
20 procedures - Reversals.
21 (a) A person who kills an individual without lawful
22 justification commits first degree murder if, in performing
23 the acts which cause the death:
24 (1) he either intends to kill or do great bodily
25 harm to that individual or another, or knows that such
26 acts will cause death to that individual or another; or
27 (2) he knows that such acts create a strong
28 probability of death or great bodily harm to that
29 individual or another; or
30 (3) he is attempting or committing a forcible
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1 felony other than second degree murder.
2 (b) Aggravating Factors. A defendant who at the time of
3 the commission of the offense has attained the age of 18 or
4 more and who has been found guilty of first degree murder may
5 be sentenced to death if:
6 (1) the murdered individual was a peace officer or
7 fireman killed in the course of performing his official
8 duties, to prevent the performance of his official
9 duties, or in retaliation for performing his official
10 duties, and the defendant knew or should have known that
11 the murdered individual was a peace officer or fireman;
12 or
13 (2) the murdered individual was an employee of an
14 institution or facility of the Department of Corrections,
15 or any similar local correctional agency, killed in the
16 course of performing his official duties, to prevent the
17 performance of his official duties, or in retaliation for
18 performing his official duties, or the murdered
19 individual was an inmate at such institution or facility
20 and was killed on the grounds thereof, or the murdered
21 individual was otherwise present in such institution or
22 facility with the knowledge and approval of the chief
23 administrative officer thereof; or
24 (3) the defendant has been convicted of murdering
25 two or more individuals under subsection (a) of this
26 Section or under any law of the United States or of any
27 state which is substantially similar to subsection (a) of
28 this Section regardless of whether the deaths occurred
29 as the result of the same act or of several related or
30 unrelated acts so long as the deaths were the result of
31 either an intent to kill more than one person or of
32 separate acts which the defendant knew would cause death
33 or create a strong probability of death or great bodily
34 harm to the murdered individual or another; or
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1 (4) the murdered individual was killed as a result
2 of the hijacking of an airplane, train, ship, bus or
3 other public conveyance; or
4 (5) the defendant committed the murder pursuant to
5 a contract, agreement or understanding by which he was to
6 receive money or anything of value in return for
7 committing the murder or procured another to commit the
8 murder for money or anything of value; or
9 (6) the murdered individual was killed in the
10 course of another felony if:
11 (a) the murdered individual:
12 (i) was actually killed by the defendant,
13 or
14 (ii) received physical injuries
15 personally inflicted by the defendant
16 substantially contemporaneously with physical
17 injuries caused by one or more persons for
18 whose conduct the defendant is legally
19 accountable under Section 5-2 of this Code, and
20 the physical injuries inflicted by either the
21 defendant or the other person or persons for
22 whose conduct he is legally accountable caused
23 the death of the murdered individual; and
24 (b) in performing the acts which caused the
25 death of the murdered individual or which resulted
26 in physical injuries personally inflicted by the
27 defendant on the murdered individual under the
28 circumstances of subdivision (ii) of subparagraph
29 (a) of paragraph (6) of subsection (b) of this
30 Section, the defendant acted with the intent to kill
31 the murdered individual or with the knowledge that
32 his acts created a strong probability of death or
33 great bodily harm to the murdered individual or
34 another; and
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1 (c) the other felony was one of the following:
2 armed robbery, armed violence, robbery, predatory
3 criminal sexual assault of a child, aggravated
4 criminal sexual assault, aggravated kidnapping,
5 aggravated vehicular hijacking, forcible detention,
6 arson, aggravated arson, aggravated stalking,
7 burglary, residential burglary, home invasion,
8 calculated criminal drug conspiracy as defined in
9 Section 405 of the Illinois Controlled Substances
10 Act, streetgang criminal drug conspiracy as defined
11 in Section 405.2 of the Illinois Controlled
12 Substances Act, or the attempt to commit any of the
13 felonies listed in this subsection (c); or
14 (7) the murdered individual was under 12 years of
15 age and the death resulted from exceptionally brutal or
16 heinous behavior indicative of wanton cruelty; or
17 (8) the defendant committed the murder with intent
18 to prevent the murdered individual from testifying in any
19 criminal prosecution or giving material assistance to the
20 State in any investigation or prosecution, either against
21 the defendant or another; or the defendant committed the
22 murder because the murdered individual was a witness in
23 any prosecution or gave material assistance to the State
24 in any investigation or prosecution, either against the
25 defendant or another; or
26 (9) the defendant, while committing an offense
27 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
28 407 or 407.1 or subsection (b) of Section 404 of the
29 Illinois Controlled Substances Act, or while engaged in a
30 conspiracy or solicitation to commit such offense,
31 intentionally killed an individual or counseled,
32 commanded, induced, procured or caused the intentional
33 killing of the murdered individual; or
34 (10) the defendant was incarcerated in an
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1 institution or facility of the Department of Corrections
2 at the time of the murder, and while committing an
3 offense punishable as a felony under Illinois law, or
4 while engaged in a conspiracy or solicitation to commit
5 such offense, intentionally killed an individual or
6 counseled, commanded, induced, procured or caused the
7 intentional killing of the murdered individual; or
8 (11) the murder was committed in a cold, calculated
9 and premeditated manner pursuant to a preconceived plan,
10 scheme or design to take a human life by unlawful means,
11 and the conduct of the defendant created a reasonable
12 expectation that the death of a human being would result
13 therefrom; or
14 (12) the murdered individual was an emergency
15 medical technician - ambulance, emergency medical
16 technician - intermediate, emergency medical technician -
17 paramedic, ambulance driver, or other medical assistance
18 or first aid personnel, employed by a municipality or
19 other governmental unit, killed in the course of
20 performing his official duties, to prevent the
21 performance of his official duties, or in retaliation for
22 performing his official duties, and the defendant knew or
23 should have known that the murdered individual was an
24 emergency medical technician - ambulance, emergency
25 medical technician - intermediate, emergency medical
26 technician - paramedic, ambulance driver, or other
27 medical assistance or first aid personnel; or
28 (13) the defendant was a principal administrator,
29 organizer, or leader of a calculated criminal drug
30 conspiracy consisting of a hierarchical position of
31 authority superior to that of all other members of the
32 conspiracy, and the defendant counseled, commanded,
33 induced, procured, or caused the intentional killing of
34 the murdered person; or
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1 (14) the murder was intentional and involved the
2 infliction of torture. For the purpose of this Section
3 torture means the infliction of or subjection to extreme
4 physical pain, motivated by an intent to increase or
5 prolong the pain, suffering or agony of the victim; or
6 (15) the murder was committed as a result of the
7 intentional discharge of a firearm by the defendant from
8 a motor vehicle and the victim was not present within the
9 motor vehicle; or
10 (16) the murdered individual was 60 years of age or
11 older and the death resulted from exceptionally brutal or
12 heinous behavior indicative of wanton cruelty; or
13 (17) the murdered individual was a disabled person
14 and the defendant knew or should have known that the
15 murdered individual was disabled. For purposes of this
16 paragraph (17), "disabled person" means a person who
17 suffers from a permanent physical or mental impairment
18 resulting from disease, an injury, a functional disorder,
19 or a congenital condition that renders the person
20 incapable of adequately providing for his or her own
21 health or personal care; or .
22 (18) (A) the murdered individual was a community
23 policing person killed: (i) in the course of performing
24 community policing functions; or (ii) to prevent the
25 community policing person from performing community
26 policing functions; or (iii) in retaliation for
27 performing community policing functions; and (B) the
28 defendant knew or should have known that the murdered
29 individual was a community policing person.
30 (c) Consideration of factors in Aggravation and
31 Mitigation.
32 The court shall consider, or shall instruct the jury to
33 consider any aggravating and any mitigating factors which are
34 relevant to the imposition of the death penalty. Aggravating
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1 factors may include but need not be limited to those factors
2 set forth in subsection (b). Mitigating factors may include
3 but need not be limited to the following:
4 (1) the defendant has no significant history of
5 prior criminal activity;
6 (2) the murder was committed while the defendant
7 was under the influence of extreme mental or emotional
8 disturbance, although not such as to constitute a defense
9 to prosecution;
10 (3) the murdered individual was a participant in
11 the defendant's homicidal conduct or consented to the
12 homicidal act;
13 (4) the defendant acted under the compulsion of
14 threat or menace of the imminent infliction of death or
15 great bodily harm;
16 (5) the defendant was not personally present during
17 commission of the act or acts causing death.
18 (d) Separate sentencing hearing.
19 Where requested by the State, the court shall conduct a
20 separate sentencing proceeding to determine the existence of
21 factors set forth in subsection (b) and to consider any
22 aggravating 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
27 proceeding if:
28 A. the defendant was convicted upon a plea of
29 guilty; or
30 B. the defendant was convicted after a trial
31 before the court sitting without a jury; or
32 C. the court for good cause shown discharges
33 the jury that determined the defendant's guilt; or
34 (3) before the court alone if the defendant waives
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1 a jury for the separate proceeding.
2 (e) Evidence and Argument.
3 During the proceeding any information relevant to any of
4 the factors set forth in subsection (b) may be presented by
5 either the State or the defendant under the rules governing
6 the admission of evidence at criminal trials. Any
7 information relevant to any additional aggravating factors or
8 any mitigating factors indicated in subsection (c) may be
9 presented by the State or defendant regardless of its
10 admissibility under the rules governing the admission of
11 evidence at criminal trials. The State and the defendant
12 shall be given fair opportunity to rebut any information
13 received at the hearing.
14 (f) Proof.
15 The burden of proof of establishing the existence of any
16 of the factors set forth in subsection (b) is on the State
17 and shall not be satisfied unless established beyond a
18 reasonable doubt.
19 (g) Procedure - Jury.
20 If at the separate sentencing proceeding the jury finds
21 that none of the factors set forth in subsection (b) exists,
22 the court shall sentence the defendant to a term of
23 imprisonment under Chapter V of the Unified Code of
24 Corrections. If there is a unanimous finding by the jury
25 that one or more of the factors set forth in subsection (b)
26 exist, the jury shall consider aggravating and mitigating
27 factors as instructed by the court and shall determine
28 whether the sentence of death shall be imposed. If the jury
29 determines unanimously that there are no mitigating factors
30 sufficient to preclude the imposition of the death sentence,
31 the court shall sentence the defendant to death.
32 Unless the jury unanimously finds that there are no
33 mitigating factors sufficient to preclude the imposition of
34 the death sentence the court shall sentence the defendant to
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1 a term of imprisonment under Chapter V of the Unified Code of
2 Corrections.
3 (h) Procedure - No Jury.
4 In a proceeding before the court alone, if the court
5 finds that none of the factors found in subsection (b)
6 exists, the court shall sentence the defendant to a term of
7 imprisonment under Chapter V of the Unified Code of
8 Corrections.
9 If the Court determines that one or more of the factors
10 set forth in subsection (b) exists, the Court shall consider
11 any aggravating and mitigating factors as indicated in
12 subsection (c). If the Court determines 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 death.
16 Unless the court finds that there are no mitigating
17 factors sufficient to preclude the imposition of the sentence
18 of death, the court shall sentence the defendant to a term of
19 imprisonment under Chapter V of the Unified Code of
20 Corrections.
21 (i) Appellate Procedure.
22 The conviction and sentence of death shall be subject to
23 automatic review by the Supreme Court. Such review shall be
24 in accordance with rules promulgated by the Supreme Court.
25 (j) Disposition of reversed death sentence.
26 In the event that the death penalty in this Act is held
27 to be unconstitutional by the Supreme Court of the United
28 States or of the State of Illinois, any person convicted of
29 first degree murder shall be sentenced by the court to a term
30 of imprisonment under Chapter V of the Unified Code of
31 Corrections.
32 In the event that any death sentence pursuant to the
33 sentencing provisions of this Section is declared
34 unconstitutional by the Supreme Court of the United States or
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1 of the State of Illinois, the court having jurisdiction over
2 a person previously sentenced to death shall cause the
3 defendant to be brought before the court, and the court shall
4 sentence the defendant to a term of imprisonment under
5 Chapter V of the Unified Code of Corrections.
6 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
7 89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
8 1-1-98.)
9 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
10 Sec. 12-4. Aggravated Battery.
11 (a) A person who, in committing a battery, intentionally
12 or knowingly causes great bodily harm, or permanent
13 disability or disfigurement commits aggravated battery.
14 (b) In committing a battery, a person commits aggravated
15 battery if he or she:
16 (1) Uses a deadly weapon other than by the
17 discharge of a firearm;
18 (2) Is hooded, robed or masked, in such manner as
19 to conceal his identity;
20 (3) Knows the individual harmed to be a teacher or
21 other person employed in any school and such teacher or
22 other employee is upon the grounds of a school or grounds
23 adjacent thereto, or is in any part of a building used
24 for school purposes;
25 (4) Knows the individual harmed to be a supervisor,
26 director, instructor or other person employed in any park
27 district and such supervisor, director, instructor or
28 other employee is upon the grounds of the park or grounds
29 adjacent thereto, or is in any part of a building used
30 for park purposes;
31 (5) Knows the individual harmed to be a caseworker,
32 investigator, or other person employed by the State
33 Department of Public Aid, a County Department of Public
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1 Aid, or the Department of Human Services (acting as
2 successor to the Illinois Department of Public Aid under
3 the Department of Human Services Act) and such
4 caseworker, investigator, or other person is upon the
5 grounds of a public aid office or grounds adjacent
6 thereto, or is in any part of a building used for public
7 aid purposes, or upon the grounds of a home of a public
8 aid applicant, recipient, or any other person being
9 interviewed or investigated in the employee's discharge
10 of his duties, or on grounds adjacent thereto, or is in
11 any part of a building in which the applicant, recipient,
12 or other such person resides or is located;
13 (6) Knows the individual harmed to be a peace
14 officer, a person summoned and directed by a peace
15 officer, a correctional institution employee, or a
16 fireman while such officer, employee or fireman is
17 engaged in the execution of any official duties including
18 arrest or attempted arrest, or to prevent the officer,
19 employee or fireman from performing official duties, or
20 in retaliation for the officer, employee or fireman
21 performing official duties, and the battery is committed
22 other than by the discharge of a firearm;
23 (7) Knows the individual harmed to be an emergency
24 medical technician - ambulance, emergency medical
25 technician - intermediate, emergency medical technician -
26 paramedic, ambulance driver or other medical assistance
27 or first aid personnel engaged in the performance of any
28 of his or her official duties, or to prevent the
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 from performing
33 official duties, or in retaliation for performing
34 official duties;
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1 (8) Is, or the person battered is, on or about a
2 public way, public property or public place of
3 accommodation or amusement;
4 (9) Knows the individual harmed to be the driver,
5 operator, employee or passenger of any transportation
6 facility or system engaged in the business of
7 transportation of the public for hire and the individual
8 assaulted is then performing in such capacity or then
9 using such public transportation as a passenger or using
10 any area of any description designated by the
11 transportation facility or system as a vehicle boarding,
12 departure, or transfer location;
13 (10) Knowingly and without legal justification and
14 by any means causes bodily harm to an individual of 60
15 years of age or older;
16 (11) Knows the individual harmed is pregnant;
17 (12) Knows the individual harmed to be a judge whom
18 the person intended to harm as a result of the judge's
19 performance of his or her official duties as a judge;
20 (13) Knows the individual harmed to be an employee
21 of the Illinois Department of Children and Family
22 Services engaged in the performance of his authorized
23 duties as such employee;
24 (14) Knows the individual harmed to be a person who
25 is physically handicapped; or
26 (15) Knowingly and without legal justification and
27 by any means causes bodily harm to a merchant who detains
28 the person for an alleged commission of retail theft
29 under Section 16A-5 of this Code. In this item (15),
30 "merchant" has the meaning ascribed to it in Section
31 16A-2.4 of this Code; or .
32 (16) (A) Knows the individual harmed to be a
33 community policing person; and (B) the offense was
34 committed: (i) while the community policing person was
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1 engaged in the execution of any community policing
2 function; or (ii) to prevent the community policing
3 person from performing any community policing function;
4 or (iii) in retaliation for the community policing person
5 performing any community policing function; and (C) the
6 battery was committed other than by the discharge of a
7 firearm.
8 For the purpose of paragraph (14) of subsection (b) of
9 this Section, a physically handicapped person is a person who
10 suffers from a permanent and disabling physical
11 characteristic, resulting from disease, injury, functional
12 disorder or congenital condition.
13 (c) A person who administers to an individual or causes
14 him to take, without his consent or by threat or deception,
15 and for other than medical purposes, any intoxicating,
16 poisonous, stupefying, narcotic or anesthetic substance
17 commits aggravated battery.
18 (d) A person who knowingly gives to another person any
19 food that contains any substance or object that is intended
20 to cause physical injury if eaten, commits aggravated
21 battery.
22 (e) Sentence.
23 A violation of subsection (a), (c), or (d) or paragraphs
24 (1) through (15) of subsection (b) is a Class 3 felony. A
25 violation of paragraph (16) of subsection (b) is a Class 2
26 felony for which a sentence of imprisonment may be imposed of
27 not less than 3 years and not more than 14 years. Aggravated
28 battery is a Class 3 felony.
29 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.