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Public Act 91-0434
HB1321 Enrolled LRB9104836RCks
AN ACT to amend the Criminal Code of 1961 by changing
Sections 9-1, 12-4.2, and 24-1.2.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Sections 9-1, 12-4.2, and 24-1.2 as follows:
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree Murder - Death penalties -
Exceptions - Separate Hearings - Proof - Findings - Appellate
procedures - Reversals.
(a) A person who kills an individual without lawful
justification commits first degree murder if, in performing
the acts which cause the death:
(1) he either intends to kill or do great bodily
harm to that individual or another, or knows that such
acts will cause death to that individual or another; or
(2) he knows that such acts create a strong
probability of death or great bodily harm to that
individual or another; or
(3) he is attempting or committing a forcible
felony other than second degree murder.
(b) Aggravating Factors. A defendant who at the time of
the commission of the offense has attained the age of 18 or
more and who has been found guilty of first degree murder may
be sentenced to death if:
(1) the murdered individual was a peace officer or
fireman killed in the course of performing his official
duties, to prevent the performance of his official
duties, or in retaliation for performing his official
duties, and the defendant knew or should have known that
the murdered individual was a peace officer or fireman;
or
(2) the murdered individual was an employee of an
institution or facility of the Department of Corrections,
or any similar local correctional agency, killed in the
course of performing his official duties, to prevent the
performance of his official duties, or in retaliation for
performing his official duties, or the murdered
individual was an inmate at such institution or facility
and was killed on the grounds thereof, or the murdered
individual was otherwise present in such institution or
facility with the knowledge and approval of the chief
administrative officer thereof; or
(3) the defendant has been convicted of murdering
two or more individuals under subsection (a) of this
Section or under any law of the United States or of any
state which is substantially similar to subsection (a) of
this Section regardless of whether the deaths occurred
as the result of the same act or of several related or
unrelated acts so long as the deaths were the result of
either an intent to kill more than one person or of
separate acts which the defendant knew would cause death
or create a strong probability of death or great bodily
harm to the murdered individual or another; or
(4) the murdered individual was killed as a result
of the hijacking of an airplane, train, ship, bus or
other public conveyance; or
(5) the defendant committed the murder pursuant to
a contract, agreement or understanding by which he was to
receive money or anything of value in return for
committing the murder or procured another to commit the
murder for money or anything of value; or
(6) the murdered individual was killed in the
course of another felony if:
(a) the murdered individual:
(i) was actually killed by the defendant,
or
(ii) received physical injuries
personally inflicted by the defendant
substantially contemporaneously with physical
injuries caused by one or more persons for
whose conduct the defendant is legally
accountable under Section 5-2 of this Code, and
the physical injuries inflicted by either the
defendant or the other person or persons for
whose conduct he is legally accountable caused
the death of the murdered individual; and
(b) in performing the acts which caused the
death of the murdered individual or which resulted
in physical injuries personally inflicted by the
defendant on the murdered individual under the
circumstances of subdivision (ii) of subparagraph
(a) of paragraph (6) of subsection (b) of this
Section, the defendant acted with the intent to kill
the murdered individual or with the knowledge that
his acts created a strong probability of death or
great bodily harm to the murdered individual or
another; and
(c) the other felony was one of the following:
armed robbery, armed violence, robbery, predatory
criminal sexual assault of a child, aggravated
criminal sexual assault, aggravated kidnapping,
aggravated vehicular hijacking, forcible detention,
arson, aggravated arson, aggravated stalking,
burglary, residential burglary, home invasion,
calculated criminal drug conspiracy as defined in
Section 405 of the Illinois Controlled Substances
Act, streetgang criminal drug conspiracy as defined
in Section 405.2 of the Illinois Controlled
Substances Act, or the attempt to commit any of the
felonies listed in this subsection (c); or
(7) the murdered individual was under 12 years of
age and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(8) the defendant committed the murder with intent
to prevent the murdered individual from testifying in any
criminal prosecution or giving material assistance to the
State in any investigation or prosecution, either against
the defendant or another; or the defendant committed the
murder because the murdered individual was a witness in
any prosecution or gave material assistance to the State
in any investigation or prosecution, either against the
defendant or another; or
(9) the defendant, while committing an offense
punishable under Sections 401, 401.1, 401.2, 405, 405.2,
407 or 407.1 or subsection (b) of Section 404 of the
Illinois Controlled Substances Act, or while engaged in a
conspiracy or solicitation to commit such offense,
intentionally killed an individual or counseled,
commanded, induced, procured or caused the intentional
killing of the murdered individual; or
(10) the defendant was incarcerated in an
institution or facility of the Department of Corrections
at the time of the murder, and while committing an
offense punishable as a felony under Illinois law, or
while engaged in a conspiracy or solicitation to commit
such offense, intentionally killed an individual or
counseled, commanded, induced, procured or caused the
intentional killing of the murdered individual; or
(11) the murder was committed in a cold, calculated
and premeditated manner pursuant to a preconceived plan,
scheme or design to take a human life by unlawful means,
and the conduct of the defendant created a reasonable
expectation that the death of a human being would result
therefrom; or
(12) the murdered individual was an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance
or first aid personnel, employed by a municipality or
other governmental unit, killed in the course of
performing his official duties, to prevent the
performance of his official duties, or in retaliation for
performing his official duties, and the defendant knew or
should have known that the murdered individual was an
emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistance or first aid personnel; or
(13) the defendant was a principal administrator,
organizer, or leader of a calculated criminal drug
conspiracy consisting of a hierarchical position of
authority superior to that of all other members of the
conspiracy, and the defendant counseled, commanded,
induced, procured, or caused the intentional killing of
the murdered person; or
(14) the murder was intentional and involved the
infliction of torture. For the purpose of this Section
torture means the infliction of or subjection to extreme
physical pain, motivated by an intent to increase or
prolong the pain, suffering or agony of the victim; or
(15) the murder was committed as a result of the
intentional discharge of a firearm by the defendant from
a motor vehicle and the victim was not present within the
motor vehicle; or
(16) the murdered individual was 60 years of age or
older and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(17) the murdered individual was a disabled person
and the defendant knew or should have known that the
murdered individual was disabled. For purposes of this
paragraph (17), "disabled person" means a person who
suffers from a permanent physical or mental impairment
resulting from disease, an injury, a functional disorder,
or a congenital condition that renders the person
incapable of adequately providing for his or her own
health or personal care; or
(18) the murder was committed by reason of any
person's activity as a community policing volunteer or to
prevent any person from engaging in activity as a
community policing volunteer; or.
(19) (18) the murdered individual was subject to an
order of protection and the murder was committed by a
person against whom the same order of protection was
issued under the Illinois Domestic Violence Act of 1986;
or.
(20) the murdered individual was known by the
defendant to be a teacher or other person employed in any
school and the teacher or other employee is upon the
grounds of a school or grounds adjacent to a school, or
is in any part of a building used for school purposes.
(c) Consideration of factors in Aggravation and
Mitigation.
The court shall consider, or shall instruct the jury to
consider any aggravating and any mitigating factors which are
relevant to the imposition of the death penalty. Aggravating
factors may include but need not be limited to those factors
set forth in subsection (b). Mitigating factors may include
but need not be limited to the following:
(1) the defendant has no significant history of
prior criminal activity;
(2) the murder was committed while the defendant
was under the influence of extreme mental or emotional
disturbance, although not such as to constitute a defense
to prosecution;
(3) the murdered individual was a participant in
the defendant's homicidal conduct or consented to the
homicidal act;
(4) the defendant acted under the compulsion of
threat or menace of the imminent infliction of death or
great bodily harm;
(5) the defendant was not personally present during
commission of the act or acts causing death.
(d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a
separate sentencing proceeding to determine the existence of
factors set forth in subsection (b) and to consider any
aggravating or mitigating factors as indicated in subsection
(c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's
guilt; or
(2) before a jury impanelled for the purpose of the
proceeding if:
A. the defendant was convicted upon a plea of
guilty; or
B. the defendant was convicted after a trial
before the court sitting without a jury; or
C. the court for good cause shown discharges
the jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives
a jury for the separate proceeding.
(e) Evidence and Argument.
During the proceeding any information relevant to any of
the factors set forth in subsection (b) may be presented by
either the State or the defendant under the rules governing
the admission of evidence at criminal trials. Any
information relevant to any additional aggravating factors or
any mitigating factors indicated in subsection (c) may be
presented by the State or defendant regardless of its
admissibility under the rules governing the admission of
evidence at criminal trials. The State and the defendant
shall be given fair opportunity to rebut any information
received at the hearing.
(f) Proof.
The burden of proof of establishing the existence of any
of the factors set forth in subsection (b) is on the State
and shall not be satisfied unless established beyond a
reasonable doubt.
(g) Procedure - Jury.
If at the separate sentencing proceeding the jury finds
that none of the factors set forth in subsection (b) exists,
the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections. If there is a unanimous finding by the jury
that one or more of the factors set forth in subsection (b)
exist, the jury shall consider aggravating and mitigating
factors as instructed by the court and shall determine
whether the sentence of death shall be imposed. If the jury
determines unanimously that there are no mitigating factors
sufficient to preclude the imposition of the death sentence,
the court shall sentence the defendant to death.
Unless the jury unanimously finds that there are no
mitigating factors sufficient to preclude the imposition of
the death sentence the court shall sentence the defendant to
a term of imprisonment under Chapter V of the Unified Code of
Corrections.
(h) Procedure - No Jury.
In a proceeding before the court alone, if the court
finds that none of the factors found in subsection (b)
exists, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
If the Court determines that one or more of the factors
set forth in subsection (b) exists, the Court shall consider
any aggravating and mitigating factors as indicated in
subsection (c). If the Court determines that there are no
mitigating factors sufficient to preclude the imposition of
the death sentence, the Court shall sentence the defendant to
death.
Unless the court finds that there are no mitigating
factors sufficient to preclude the imposition of the sentence
of death, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
(i) Appellate Procedure.
The conviction and sentence of death shall be subject to
automatic review by the Supreme Court. Such review shall be
in accordance with rules promulgated by the Supreme Court.
(j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held
to be unconstitutional by the Supreme Court of the United
States or of the State of Illinois, any person convicted of
first degree murder shall be sentenced by the court to a term
of imprisonment under Chapter V of the Unified Code of
Corrections.
In the event that any death sentence pursuant to the
sentencing provisions of this Section is declared
unconstitutional by the Supreme Court of the United States or
of the State of Illinois, the court having jurisdiction over
a person previously sentenced to death shall cause the
defendant to be brought before the court, and the court shall
sentence the defendant to a term of imprisonment under
Chapter V of the Unified Code of Corrections.
(Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
1-1-98; 90-651, eff. 1-1-99; 90-668, eff. 1-1-99; revised
9-16-98.)
(720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
Sec. 12-4.2. Aggravated Battery with a firearm.
(a) A person commits aggravated battery with a firearm
when he, in committing a battery, knowingly or intentionally
by means of the discharging of a firearm (1) causes any
injury to another person, or (2) causes any injury to a
person he knows to be a peace officer, a community policing
volunteer, a correctional institution employee or a fireman
while the officer, volunteer, employee or fireman is engaged
in the execution of any of his official duties, or to prevent
the officer, volunteer, employee or fireman from performing
his official duties, or in retaliation for the officer,
volunteer, employee or fireman performing his official
duties, or (3) causes any injury to a person he knows to be
an emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical
assistance or first aid personnel, employed by a municipality
or other governmental unit, while the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel is engaged in the execution of any of his official
duties, or to prevent the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver,
or other medical assistance or first aid personnel from
performing his official duties, or in retaliation for the
emergency medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance or
first aid personnel performing his official duties, or (4)
causes any injury to a person he or she knows to be a teacher
or other person employed in a school and the teacher or other
employee is upon grounds of a school or grounds adjacent to a
school, or is in any part of a building used for school
purposes.
(b) A violation of subsection (a) (1) of this Section is
a Class X felony. A violation of subsection (a) (2), or
subsection (a) (3), or subsection (a)(4) of this Section is
a Class X felony for which the sentence shall be a term of
imprisonment of no less than 15 years and no more than 60
years.
(c) For purposes of this Section, "firearm" is defined
as in "An Act relating to the acquisition, possession and
transfer of firearms and firearm ammunition, to provide a
penalty for the violation thereof and to make an
appropriation in connection therewith", approved August 1,
1967, as amended.
(Source: P.A. 90-651, eff. 1-1-99.)
(720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
Sec. 24-1.2. Aggravated discharge of a firearm.
(a) A person commits aggravated discharge of a firearm
when he knowingly or intentionally:
(1) Discharges a firearm at or into a building he
knows to be occupied and the firearm is discharged from a
place or position outside that building;
(2) Discharges a firearm in the direction of
another person or in the direction of a vehicle he knows
to be occupied;
(3) Discharges a firearm in the direction of a
person he knows to be a peace officer, a community
policing volunteer, a correctional institution employee,
or a fireman while the officer, volunteer, employee or
fireman is engaged in the execution of any of his
official duties, or to prevent the officer, volunteer,
employee or fireman from performing his official duties,
or in retaliation for the officer, volunteer, employee or
fireman performing his official duties;
(4) Discharges a firearm in the direction of a
vehicle he knows to be occupied by a peace officer, a
person summoned or directed by a peace officer, a
correctional institution employee or a fireman while the
officer, employee or fireman is engaged in the execution
of any of his official duties, or to prevent the officer,
employee or fireman from performing his official duties,
or in retaliation for the officer, employee or fireman
performing his official duties;
(5) Discharges a firearm in the direction of a
person he knows to be an emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel, employed by a municipality or other
governmental unit, while the emergency medical technician
- ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel is engaged in the execution of any of his
official duties, or to prevent the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first
aid personnel from performing his official duties, or in
retaliation for the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel performing his official duties; or
(6) Discharges a firearm in the direction of a
vehicle he knows to be occupied by an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,,
ambulance driver, or other medical assistance or first
aid personnel, employed by a municipality or other
governmental unit, while the emergency medical technician
- ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel is engaged in the execution of any of his
official duties, or to prevent the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first
aid personnel from performing his official duties, or in
retaliation for the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel performing his official duties; or.
(7) Discharges a firearm in the direction of a
person he or she knows to be a teacher or other person
employed in any school and the teacher or other employee
is upon the grounds of a school or grounds adjacent to a
school, or is in any part of a building used for school
purposes.
(b) A violation of subsection (a)(1) or subsection
(a)(2) of this Section is a Class 1 felony. A violation of
subsection (a)(3), (a)(4), (a)(5), or (a)(6), or (a)(7) of
this Section is a Class X felony for which the sentence shall
be a term of imprisonment of no less than 10 years and not
more than 45 years.
(Source: P.A. 90-651, eff. 1-1-99; revised 10-31-98.)
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