100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1467
 
Introduced , by Rep. Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:

720 ILCS 5/9-1 from Ch. 38, par. 9-1

 Amends the Criminal Code of 2012. Makes a technical change in a Section
concerning first degree murder.



LRB100 03291 RLC 13296 b


 
 
A BILL FOR
 


HB1467LRB100 03291 RLC 13296 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.

10 (a) A person who kills an individual without lawful 
11justification commits
first degree murder if, in performing the 
12the acts which cause the death:

13  (1) he either intends to kill or do great bodily harm 
14 to that
individual or another, or knows that such acts will 
15 cause death to that
individual or another; or

16  (2) he knows that such acts create a strong probability 
17 of death or
great bodily harm to that individual or 
18 another; or

19  (3) he is attempting or committing a forcible felony 
20 other than
second degree murder.

21 (b) Aggravating Factors. A defendant who at the time of the

22commission of the offense has attained the age of 18 or more 
23and who has
been found guilty of first degree murder may be 
 
 
HB1467- 2 -LRB100 03291 RLC 13296 b


1sentenced to death if:

2  (1) the murdered individual was a peace officer or 
3 fireman killed in
the course of performing his official 
4 duties, to prevent the performance
of his official duties, 
5 or in retaliation for performing his official
duties, and 
6 the defendant knew or
should have known that the murdered 
7 individual was a peace officer or
fireman; or

8  (2) the murdered individual was an employee of an 
9 institution or
facility of the Department of Corrections, 
10 or any similar local
correctional agency, killed in the 
11 course of performing his official
duties, to prevent the 
12 performance of his official duties, or in
retaliation for 
13 performing his official duties, or the murdered
individual 
14 was an inmate at such institution or facility and was 
15 killed on the
grounds thereof, or the murdered individual 
16 was otherwise present in such
institution or facility with 
17 the knowledge and approval of the chief
administrative 
18 officer thereof; or

19  (3) the defendant has been convicted of murdering two 
20 or more
individuals under subsection (a) of this Section or 
21 under any law of the
United States or of any state which is 
22 substantially similar to
subsection (a) of this Section 
23 regardless of whether the deaths
occurred as the result of 
24 the same act or of several related or
unrelated acts so 
25 long as the deaths were the result of either an intent
to 
26 kill more than one person or of separate acts which
the 
 
 
HB1467- 3 -LRB100 03291 RLC 13296 b


1 defendant knew would cause death or create a strong 
2 probability of
death or great bodily harm to the murdered 
3 individual or another; or

4  (4) the murdered individual was killed as a result of 
5 the
hijacking of an airplane, train, ship, bus or other 
6 public conveyance; or

7  (5) the defendant committed the murder pursuant to a 
8 contract,
agreement or understanding by which he was to 
9 receive money or anything
of value in return for committing 
10 the murder or procured another to
commit the murder for 
11 money or anything of value; or

12  (6) the murdered individual was killed in the course of 
13 another felony if:

14   (a) the murdered individual:

15    (i) was actually killed by the defendant, or

16    (ii) received physical injuries personally 
17 inflicted by the defendant
substantially 
18 contemporaneously with physical injuries caused by 
19 one or
more persons for whose conduct the defendant 
20 is legally accountable under
Section 5-2 of this 
21 Code, and the physical injuries inflicted by 
22 either
the defendant or the other person or persons 
23 for whose conduct he is legally
accountable caused 
24 the death of the murdered individual; and

25   (b) in performing the acts which caused the death 
26 of the murdered
individual or which resulted in 
 
 
HB1467- 4 -LRB100 03291 RLC 13296 b


1 physical injuries personally inflicted by
the 
2 defendant on the murdered individual under the 
3 circumstances of
subdivision (ii) of subparagraph (a) 
4 of paragraph (6) of subsection (b) of
this Section, the 
5 defendant acted with the intent to kill the murdered

6 individual or with the knowledge that his acts created 
7 a strong probability
of death or great bodily harm to 
8 the murdered individual or another; and

9   (c) the other felony was an inherently violent 
10 crime
or the attempt to commit an inherently
violent 
11 crime.
In this subparagraph (c), "inherently violent 
12 crime" includes, but is not
limited to, armed robbery, 
13 robbery, predatory criminal sexual assault of a
child,

14 aggravated criminal sexual assault, aggravated 
15 kidnapping, aggravated vehicular
hijacking,
aggravated 
16 arson, aggravated stalking, residential burglary, and 
17 home
invasion; or

18  (7) the murdered individual was under 12 years of age 
19 and the
death resulted from exceptionally brutal or heinous 
20 behavior indicative of
wanton cruelty; or

21  (8) the defendant committed the murder with intent to

22 prevent the murdered individual from testifying or 
23 participating in any
criminal investigation or prosecution

24 or giving material assistance to the State in any 
25 investigation or
prosecution, either against the defendant 
26 or another; or the defendant
committed the murder because 
 
 
HB1467- 5 -LRB100 03291 RLC 13296 b


1 the murdered individual was a witness in any
prosecution or 
2 gave material assistance to the State in any investigation

3 or prosecution, either against the defendant or another;

4 for purposes of this paragraph (8), "participating in any 
5 criminal
investigation
or prosecution" is intended to 
6 include those appearing in the proceedings in
any capacity 
7 such as trial judges, prosecutors, defense attorneys,

8 investigators, witnesses, or jurors; or

9  (9) the defendant, while committing an offense 
10 punishable under
Sections 401, 401.1, 401.2, 405, 405.2, 
11 407 or 407.1 or subsection (b) of
Section
404 of the 
12 Illinois Controlled Substances Act, or while engaged in a

13 conspiracy or solicitation to commit such offense, 
14 intentionally killed an
individual or counseled, 
15 commanded, induced, procured or caused the
intentional 
16 killing of the murdered individual; or

17  (10) the defendant was incarcerated in an institution 
18 or facility of
the Department of Corrections at the time of 
19 the murder, and while
committing an offense punishable as a 
20 felony under Illinois law, or while
engaged in a conspiracy 
21 or solicitation to commit such offense,
intentionally 
22 killed an individual or counseled, commanded, induced,

23 procured or caused the intentional killing of the murdered 
24 individual; or

25  (11) the murder was committed in a cold, calculated and 
26 premeditated
manner pursuant to a preconceived plan, 
 
 
HB1467- 6 -LRB100 03291 RLC 13296 b


1 scheme or design to take a human
life by unlawful means, 
2 and the conduct of the defendant created a
reasonable 
3 expectation that the death of a human being would result

4 therefrom; or

5  (12) the murdered individual was an emergency medical 
6 technician -
ambulance, emergency medical technician - 
7 intermediate, emergency medical
technician - paramedic, 
8 ambulance driver, or
other medical assistance or first aid 
9 personnel, employed by a municipality
or other 
10 governmental unit, killed in the course of performing his 
11 official
duties, to prevent the performance of his official 
12 duties, or in retaliation
for performing his official 
13 duties, and the defendant knew or should have
known that 
14 the murdered individual was an emergency medical 
15 technician -
ambulance, emergency medical technician - 
16 intermediate, emergency medical
technician - paramedic, 
17 ambulance driver, or
other medical assistance or first aid 
18 personnel; or

19  (13) the defendant was a principal administrator, 
20 organizer, or leader
of a calculated criminal drug 
21 conspiracy consisting of a hierarchical position
of 
22 authority superior to that of all other members of the 
23 conspiracy, and the
defendant counseled, commanded, 
24 induced, procured, or caused the intentional
killing of the 
25 murdered person;
or

26  (14) the murder was intentional and involved the 
 
 
HB1467- 7 -LRB100 03291 RLC 13296 b


1 infliction of torture.
For
the purpose of this Section 
2 torture means the infliction of or subjection to
extreme 
3 physical pain, motivated by an intent to increase or 
4 prolong the pain,
suffering or agony of the victim; or

5  (15) the murder was committed as a result of the 
6 intentional discharge
of a firearm by the defendant from a 
7 motor vehicle and the victim was not
present within the 
8 motor vehicle; or

9  (16) the murdered individual was 60 years of age or 
10 older and the death
resulted
from exceptionally brutal or 
11 heinous behavior indicative of wanton cruelty; or

12  (17) the murdered individual was a person with a 
13 disability and the defendant knew
or
should have known that 
14 the murdered individual was a person with a disability. For 
15 purposes of
this paragraph (17), "person with a disability" 
16 means a person who suffers from a
permanent physical or 
17 mental impairment resulting from disease, an injury,
a 
18 functional disorder, or a congenital condition that 
19 renders the person
incapable of
adequately providing for 
20 his or her own health or personal care; or

21  (18) the murder was committed by reason of any person's 
22 activity as a
community policing volunteer or to prevent 
23 any person from engaging in activity
as a community 
24 policing volunteer; or

25  (19) the murdered individual was subject to an order of 
26 protection and the
murder was committed by a person against 
 
 
HB1467- 8 -LRB100 03291 RLC 13296 b


1 whom the same order of protection was
issued under the 
2 Illinois Domestic Violence Act of 1986; or

3  (20) the murdered individual was known by the defendant 
4 to be a teacher or
other person employed in any school and 
5 the teacher or other employee is upon
the grounds of a 
6 school or grounds adjacent to a school, or is in any part 
7 of a
building used for school purposes; or

8  (21) the murder was committed by the defendant in 
9 connection with or as
a
result of the offense of terrorism 
10 as defined in Section 29D-14.9 of this
Code.

11 (b-5) Aggravating Factor; Natural Life Imprisonment. A 
12defendant who has been found guilty of first degree murder and 
13who at the time of the commission of the offense had attained 
14the age of 18 years or more may be sentenced to natural life 
15imprisonment if
(i) the murdered individual was a physician, 
16physician assistant, psychologist, nurse, or advanced practice 
17nurse, (ii) the defendant knew or should have
known that the 
18murdered individual was a physician, physician assistant, 
19psychologist, nurse, or advanced practice nurse, and (iii) the 
20murdered individual was killed in the course of acting in his 
21or her capacity as a physician, physician assistant, 
22psychologist, nurse, or advanced practice nurse, or to prevent 
23him or her from acting in that capacity, or in retaliation
for 
24his or her acting in that capacity. 
25  (c) Consideration of factors in Aggravation and 
26Mitigation.

 
 
HB1467- 9 -LRB100 03291 RLC 13296 b


1 The court shall consider, or shall instruct the jury to 
2consider any
aggravating and any mitigating factors which are 
3relevant to the
imposition of the death penalty. Aggravating 
4factors may include but
need not be limited to those factors 
5set forth in subsection (b).
Mitigating factors may include but 
6need not be limited to the following:

7  (1) the defendant has no significant history of prior 
8 criminal
activity;

9  (2) the murder was committed while the defendant was 
10 under
the influence of extreme mental or emotional 
11 disturbance, although not such
as to constitute a defense 
12 to prosecution;

13  (3) the murdered individual was a participant in the

14 defendant's homicidal conduct or consented to the 
15 homicidal act;

16  (4) the defendant acted under the compulsion of threat 
17 or
menace of the imminent infliction of death or great 
18 bodily harm;

19  (5) the defendant was not personally present during

20 commission of the act or acts causing death;

21  (6) the defendant's background includes a history of 
22 extreme emotional
or physical abuse;

23  (7) the defendant suffers from a reduced mental 
24 capacity.

25 (d) Separate sentencing hearing.

26 Where requested by the State, the court shall conduct a 
 
 
HB1467- 10 -LRB100 03291 RLC 13296 b


1separate
sentencing proceeding to determine the existence of 
2factors set forth in
subsection (b) and to consider any 
3aggravating or mitigating factors as
indicated in subsection 
4(c). The proceeding shall be conducted:

5  (1) before the jury that determined the defendant's 
6 guilt; or

7  (2) before a jury impanelled for the purpose of the 
8 proceeding if:

9   A. the defendant was convicted upon a plea of 
10 guilty; or

11   B. the defendant was convicted after a trial before 
12 the court
sitting without a jury; or

13   C. the court for good cause shown discharges the 
14 jury that
determined the defendant's guilt; or

15  (3) before the court alone if the defendant waives a 
16 jury
for the separate proceeding.

17 (e) Evidence and Argument.

18 During the proceeding any information relevant to any of 
19the factors
set forth in subsection (b) may be presented by 
20either the State or the
defendant under the rules governing the 
21admission of evidence at
criminal trials. Any information 
22relevant to any additional aggravating
factors or any 
23mitigating factors indicated in subsection (c) may be
presented 
24by the State or defendant regardless of its admissibility
under 
25the rules governing the admission of evidence at criminal 
26trials.
The State and the defendant shall be given fair 
 
 
HB1467- 11 -LRB100 03291 RLC 13296 b


1opportunity to rebut any
information received at the hearing.

2 (f) Proof.

3 The burden of proof of establishing the existence of any of 
4the
factors set forth in subsection (b) is on the State and 
5shall not be
satisfied unless established beyond a reasonable 
6doubt.

7 (g) Procedure - Jury.

8 If at the separate sentencing proceeding the jury finds 
9that none of
the factors set forth in subsection (b) exists, 
10the court shall sentence
the defendant to a term of 
11imprisonment under Chapter V of the Unified
Code of 
12Corrections. If there is a unanimous finding by the jury that

13one or more of the factors set forth in subsection (b) exist, 
14the jury
shall consider aggravating and mitigating factors as 
15instructed by the
court and shall determine whether the 
16sentence of death shall be
imposed. If the jury determines 
17unanimously, after weighing the factors in
aggravation and 
18mitigation, that death is the appropriate sentence, the court 
19shall sentence the defendant to death.
If the court does not 
20concur with the jury determination that death is the

21appropriate sentence, the court shall set forth reasons in 
22writing
including what facts or circumstances the court relied 
23upon,
along with any relevant
documents, that compelled the 
24court to non-concur with the sentence. This
document and any 
25attachments shall be part of the record for appellate
review. 
26The court shall be bound by the jury's sentencing 
 
 
HB1467- 12 -LRB100 03291 RLC 13296 b


1determination.

2 If after weighing the factors in aggravation and 
3mitigation, one or more
jurors determines that death is not the 
4appropriate sentence,
the
court shall sentence the defendant to 
5a term of imprisonment under
Chapter V of the Unified Code of 
6Corrections.

7 (h) Procedure - No Jury.

8 In a proceeding before the court alone, if the court finds 
9that none
of the factors found in subsection (b) exists, the 
10court shall sentence
the defendant to a term of imprisonment 
11under Chapter V of the Unified
Code of Corrections.

12 If the Court determines that one or more of the factors set 
13forth in
subsection (b) exists, the Court shall consider any 
14aggravating and
mitigating factors as indicated in subsection 
15(c). If the Court
determines, after weighing the factors in 
16aggravation and mitigation, that
death is the appropriate 
17sentence, the Court shall sentence the
defendant to death.

18 If
the court finds that death is not the
appropriate 
19sentence, the
court shall sentence the defendant to a term of 
20imprisonment under
Chapter V of the Unified Code of 
21Corrections.

22 (h-5) Decertification as a capital case.

23 In a case in which the defendant has been found guilty of 
24first degree murder
by a judge or jury, or a case on remand for 
25resentencing, and the State seeks
the death penalty as an 
26appropriate
sentence,
on the court's own motion or the written 
 
 
HB1467- 13 -LRB100 03291 RLC 13296 b


1motion of the defendant, the court
may decertify the case as a 
2death penalty case if the court finds that the only
evidence 
3supporting the defendant's conviction is the uncorroborated 
4testimony
of an informant witness, as defined in Section 115-21 
5of the Code of Criminal
Procedure of 1963, concerning the 
6confession or admission of the defendant or
that the sole 
7evidence against the defendant is a single eyewitness or single

8accomplice without any other corroborating evidence.
If the 
9court decertifies the case as a capital case
under either of 
10the grounds set forth above, the court shall issue a
written 
11finding. The State may pursue its right to appeal the 
12decertification
pursuant to Supreme Court Rule 604(a)(1). If 
13the court does not
decertify the case as a capital case, the 
14matter shall proceed to the
eligibility phase of the sentencing 
15hearing.

16 (i) Appellate Procedure.

17 The conviction and sentence of death shall be subject to 
18automatic
review by the Supreme Court. Such review shall be in 
19accordance with
rules promulgated by the Supreme Court.
The 
20Illinois Supreme Court may overturn the death sentence, and 
21order the
imposition of imprisonment under Chapter V of the 
22Unified Code of
Corrections if the court finds that the death 
23sentence is fundamentally
unjust as applied to the particular 
24case.
If the Illinois Supreme Court finds that the
death 
25sentence is fundamentally unjust as applied to the particular 
26case,
independent of any procedural grounds for relief, the 
 
 
HB1467- 14 -LRB100 03291 RLC 13296 b


1Illinois Supreme Court
shall issue a written opinion explaining 
2this finding.

3 (j) Disposition of reversed death sentence.

4 In the event that the death penalty in this Act is held to 
5be
unconstitutional by the Supreme Court of the United States 
6or of the
State of Illinois, any person convicted of first 
7degree murder shall be
sentenced by the court to a term of 
8imprisonment under Chapter V of the
Unified Code of 
9Corrections.

10 In the event that any death sentence pursuant to the 
11sentencing
provisions of this Section is declared 
12unconstitutional by the Supreme
Court of the United States or 
13of the State of Illinois, the court having
jurisdiction over a 
14person previously sentenced to death shall cause the
defendant 
15to be brought before the court, and the court shall sentence

16the defendant to a term of imprisonment under Chapter V of the

17Unified Code of Corrections.

18 (k) Guidelines for seeking the death penalty.

19 The Attorney General and
State's Attorneys Association 
20shall consult on voluntary guidelines for
procedures governing 
21whether or not to seek the death penalty. The guidelines
do not

22have the force of law and are only advisory in nature.