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| [ House Amendment 002 ] |
90_HB3652ham001
LRB9009727RCksam
1 AMENDMENT TO HOUSE BILL 3652
2 AMENDMENT NO. . Amend House Bill 3652 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Section 9-1."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Section 9-1 as follows:
10 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
11 Sec. 9-1. First degree Murder - Death penalties -
12 Exceptions - Separate Hearings - Proof - Findings - Appellate
13 procedures - Reversals.
14 (a) A person who kills an individual without lawful
15 justification commits first degree murder if, in performing
16 the acts which cause the death:
17 (1) he either intends to kill or do great bodily
18 harm to that individual or another, or knows that such
19 acts will cause death to that individual or another; or
20 (2) he knows that such acts create a strong
21 probability of death or great bodily harm to that
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1 individual or another; or
2 (3) he is attempting or committing a forcible
3 felony other than second degree murder.
4 (b) Aggravating Factors. A defendant who at the time of
5 the commission of the offense has attained the age of 18 or
6 more and who has been found guilty of first degree murder may
7 be sentenced to death if:
8 (1) the murdered individual was a peace officer or
9 fireman killed in the course of performing his official
10 duties, to prevent the performance of his official
11 duties, or in retaliation for performing his official
12 duties, and the defendant knew or should have known that
13 the murdered individual was a peace officer or fireman;
14 or
15 (2) the murdered individual was an employee of an
16 institution or facility of the Department of Corrections,
17 or any similar local correctional agency, killed in the
18 course of performing his official duties, to prevent the
19 performance of his official duties, or in retaliation for
20 performing his official duties, or the murdered
21 individual was an inmate at such institution or facility
22 and was killed on the grounds thereof, or the murdered
23 individual was otherwise present in such institution or
24 facility with the knowledge and approval of the chief
25 administrative officer thereof; or
26 (3) the defendant has been convicted of murdering
27 two or more individuals under subsection (a) of this
28 Section or under any law of the United States or of any
29 state which is substantially similar to subsection (a) of
30 this Section regardless of whether the deaths occurred
31 as the result of the same act or of several related or
32 unrelated acts so long as the deaths were the result of
33 either an intent to kill more than one person or of
34 separate acts which the defendant knew would cause death
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1 or create a strong probability of death or great bodily
2 harm to the murdered individual or another; or
3 (4) the murdered individual was killed as a result
4 of the hijacking of an airplane, train, ship, bus or
5 other public conveyance; or
6 (5) the defendant committed the murder pursuant to
7 a contract, agreement or understanding by which he was to
8 receive money or anything of value in return for
9 committing the murder or procured another to commit the
10 murder for money or anything of value; or
11 (6) the murdered individual was killed in the
12 course of another felony if:
13 (a) the murdered individual:
14 (i) was actually killed by the defendant,
15 or
16 (ii) received physical injuries
17 personally inflicted by the defendant
18 substantially contemporaneously with physical
19 injuries caused by one or more persons for
20 whose conduct the defendant is legally
21 accountable under Section 5-2 of this Code, and
22 the physical injuries inflicted by either the
23 defendant or the other person or persons for
24 whose conduct he is legally accountable caused
25 the death of the murdered individual; and
26 (b) in performing the acts which caused the
27 death of the murdered individual or which resulted
28 in physical injuries personally inflicted by the
29 defendant on the murdered individual under the
30 circumstances of subdivision (ii) of subparagraph
31 (a) of paragraph (6) of subsection (b) of this
32 Section, the defendant acted with the intent to kill
33 the murdered individual or with the knowledge that
34 his acts created a strong probability of death or
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1 great bodily harm to the murdered individual or
2 another; and
3 (c) the other felony was one of the following:
4 armed robbery, armed violence, robbery, predatory
5 criminal sexual assault of a child, aggravated
6 criminal sexual assault, aggravated kidnapping,
7 aggravated vehicular hijacking, forcible detention,
8 arson, aggravated arson, aggravated stalking,
9 burglary, residential burglary, home invasion,
10 calculated criminal drug conspiracy as defined in
11 Section 405 of the Illinois Controlled Substances
12 Act, streetgang criminal drug conspiracy as defined
13 in Section 405.2 of the Illinois Controlled
14 Substances Act, or the attempt to commit any of the
15 felonies listed in this subsection (c); or
16 (7) the murdered individual was under 12 years of
17 age and the death resulted from exceptionally brutal or
18 heinous behavior indicative of wanton cruelty; or
19 (8) the defendant committed the murder with intent
20 to prevent the murdered individual from testifying in any
21 criminal prosecution or giving material assistance to the
22 State in any investigation or prosecution, either against
23 the defendant or another; or the defendant committed the
24 murder because the murdered individual was a witness in
25 any prosecution or gave material assistance to the State
26 in any investigation or prosecution, either against the
27 defendant or another; or
28 (9) the defendant, while committing an offense
29 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
30 407 or 407.1 or subsection (b) of Section 404 of the
31 Illinois Controlled Substances Act, or while engaged in a
32 conspiracy or solicitation to commit such offense,
33 intentionally killed an individual or counseled,
34 commanded, induced, procured or caused the intentional
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1 killing of the murdered individual; or
2 (10) the defendant was incarcerated in an
3 institution or facility of the Department of Corrections
4 at the time of the murder, and while committing an
5 offense punishable as a felony under Illinois law, or
6 while engaged in a conspiracy or solicitation to commit
7 such offense, intentionally killed an individual or
8 counseled, commanded, induced, procured or caused the
9 intentional killing of the murdered individual; or
10 (11) the murder was committed in a cold, calculated
11 and premeditated manner pursuant to a preconceived plan,
12 scheme or design to take a human life by unlawful means,
13 and the conduct of the defendant created a reasonable
14 expectation that the death of a human being would result
15 therefrom; or
16 (12) the murdered individual was an emergency
17 medical technician - ambulance, emergency medical
18 technician - intermediate, emergency medical technician -
19 paramedic, ambulance driver, or other medical assistance
20 or first aid personnel, employed by a municipality or
21 other governmental unit, killed in the course of
22 performing his official duties, to prevent the
23 performance of his official duties, or in retaliation for
24 performing his official duties, and the defendant knew or
25 should have known that the murdered individual was an
26 emergency medical technician - ambulance, emergency
27 medical technician - intermediate, emergency medical
28 technician - paramedic, ambulance driver, or other
29 medical assistance or first aid personnel; or
30 (13) the defendant was a principal administrator,
31 organizer, or leader of a calculated criminal drug
32 conspiracy consisting of a hierarchical position of
33 authority superior to that of all other members of the
34 conspiracy, and the defendant counseled, commanded,
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1 induced, procured, or caused the intentional killing of
2 the murdered person; or
3 (14) the murder was intentional and involved the
4 infliction of torture. For the purpose of this Section
5 torture means the infliction of or subjection to extreme
6 physical pain, motivated by an intent to increase or
7 prolong the pain, suffering or agony of the victim; or
8 (15) the murder was committed as a result of the
9 intentional discharge of a firearm by the defendant from
10 a motor vehicle and the victim was not present within the
11 motor vehicle; or
12 (16) the murdered individual was 60 years of age or
13 older and the death resulted from exceptionally brutal or
14 heinous behavior indicative of wanton cruelty; or
15 (17) the murdered individual was a disabled person
16 and the defendant knew or should have known that the
17 murdered individual was disabled. For purposes of this
18 paragraph (17), "disabled person" means a person who
19 suffers from a permanent physical or mental impairment
20 resulting from disease, an injury, a functional disorder,
21 or a congenital condition that renders the person
22 incapable of adequately providing for his or her own
23 health or personal care; or .
24 (18) the murdered individual was subject to an
25 order of protection and the murder was committed by a
26 person against whom an order of protection was issued
27 under the Illinois Domestic Violence Act of 1986.
28 (c) Consideration of factors in Aggravation and
29 Mitigation.
30 The court shall consider, or shall instruct the jury to
31 consider any aggravating and any mitigating factors which are
32 relevant to the imposition of the death penalty. Aggravating
33 factors may include but need not be limited to those factors
34 set forth in subsection (b). Mitigating factors may include
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1 but need not be limited to the following:
2 (1) the defendant has no significant history of
3 prior criminal activity;
4 (2) the murder was committed while the defendant
5 was under the influence of extreme mental or emotional
6 disturbance, although not such as to constitute a defense
7 to prosecution;
8 (3) the murdered individual was a participant in
9 the defendant's homicidal conduct or consented to the
10 homicidal act;
11 (4) the defendant acted under the compulsion of
12 threat or menace of the imminent infliction of death or
13 great bodily harm;
14 (5) the defendant was not personally present during
15 commission of the act or acts causing death.
16 (d) Separate sentencing hearing.
17 Where requested by the State, the court shall conduct a
18 separate sentencing proceeding to determine the existence of
19 factors set forth in subsection (b) and to consider any
20 aggravating or mitigating factors as indicated in subsection
21 (c). The proceeding shall be conducted:
22 (1) before the jury that determined the defendant's
23 guilt; or
24 (2) before a jury impanelled for the purpose of the
25 proceeding if:
26 A. the defendant was convicted upon a plea of
27 guilty; or
28 B. the defendant was convicted after a trial
29 before the court sitting without a jury; or
30 C. the court for good cause shown discharges
31 the jury that determined the defendant's guilt; or
32 (3) before the court alone if the defendant waives
33 a jury for the separate proceeding.
34 (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
4 the admission of evidence at criminal trials. Any
5 information relevant to any additional aggravating factors or
6 any mitigating factors indicated in subsection (c) may be
7 presented by the State or defendant regardless of its
8 admissibility under the rules governing the admission of
9 evidence at criminal trials. The State and the defendant
10 shall be given fair opportunity to rebut any information
11 received at the hearing.
12 (f) Proof.
13 The burden of proof of establishing the existence of any
14 of the factors set forth in subsection (b) is on the State
15 and shall not be satisfied unless established beyond a
16 reasonable doubt.
17 (g) Procedure - Jury.
18 If at the separate sentencing proceeding the jury finds
19 that none of the factors set forth in subsection (b) exists,
20 the court shall sentence the defendant to a term of
21 imprisonment under Chapter V of the Unified Code of
22 Corrections. If there is a unanimous finding by the jury
23 that one or more of the factors set forth in subsection (b)
24 exist, the jury shall consider aggravating and mitigating
25 factors as instructed by the court and shall determine
26 whether the sentence of death shall be imposed. If the jury
27 determines unanimously that there are no mitigating factors
28 sufficient to preclude the imposition of the death sentence,
29 the court shall sentence the defendant to death.
30 Unless the jury unanimously finds that there are no
31 mitigating factors sufficient to preclude the imposition of
32 the death sentence the court shall sentence the defendant to
33 a term of imprisonment under Chapter V of the Unified Code of
34 Corrections.
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1 (h) Procedure - No Jury.
2 In a proceeding before the court alone, if the court
3 finds that none of the factors found in subsection (b)
4 exists, the court shall sentence the defendant to a term of
5 imprisonment under Chapter V of the Unified Code of
6 Corrections.
7 If the Court determines that one or more of the factors
8 set forth in subsection (b) exists, the Court shall consider
9 any aggravating and mitigating factors as indicated in
10 subsection (c). If the Court determines that there are no
11 mitigating factors sufficient to preclude the imposition of
12 the death sentence, the Court shall sentence the defendant to
13 death.
14 Unless the court finds that there are no mitigating
15 factors sufficient to preclude the imposition of the sentence
16 of death, the court shall sentence the defendant to a term of
17 imprisonment under Chapter V of the Unified Code of
18 Corrections.
19 (i) Appellate Procedure.
20 The conviction and sentence of death shall be subject to
21 automatic review by the Supreme Court. Such review shall be
22 in accordance with rules promulgated by the Supreme Court.
23 (j) Disposition of reversed death sentence.
24 In the event that the death penalty in this Act is held
25 to be unconstitutional by the Supreme Court of the United
26 States or of the State of Illinois, any person convicted of
27 first degree murder shall be sentenced by the court to a term
28 of imprisonment under Chapter V of the Unified Code of
29 Corrections.
30 In the event that any death sentence pursuant to the
31 sentencing provisions of this Section is declared
32 unconstitutional by the Supreme Court of the United States or
33 of the State of Illinois, the court having jurisdiction over
34 a person previously sentenced to death shall cause the
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1 defendant to be brought before the court, and the court shall
2 sentence the defendant to a term of imprisonment under
3 Chapter V of the Unified Code of Corrections.
4 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
5 89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
6 1-1-98.)".