720 ILCS 5/9-1
2021 Illinois Compiled Statutes|Chapter 720 - CRIMINAL OFFENSES|720 ILCS 5/ - Criminal Code of 2012.|Title III - Specific Offenses

 (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 or she 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 or she knows that such acts create a strong     probability of death or great bodily harm to that individual or another; or(3) he or she, acting alone or with one or more     participants, commits or attempts to commit a forcible felony other than second degree murder, and in the course of or in furtherance of such crime or flight therefrom, he or she or another participant causes the death of a person.(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 or her official duties, or in retaliation for performing his or her 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 or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her 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 or she 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 an inherently violent         crime  or the attempt to commit an inherently violent crime. In this subparagraph (c), "inherently violent crime" includes, but is not limited to, armed robbery, robbery, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnapping, aggravated vehicular hijacking, aggravated arson, aggravated stalking, residential burglary, and home invasion; 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 or participating in any criminal investigation or 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; for purposes of this paragraph (8), "participating in any criminal investigation or prosecution" is intended to include those appearing in the proceedings in any capacity such as trial judges, prosecutors, defense attorneys, investigators, witnesses, or jurors; 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 person with a     disability and the defendant knew or should have known that the murdered individual was a person with a disability.  For purposes of this paragraph (17), "person with a disability" 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) 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; or(21) the murder was committed by the defendant in     connection with or as a result of the offense of terrorism as defined in Section 29D-14.9 of this Code; or(22) the murdered individual was a member of a     congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship.(b-5)  Aggravating Factor; Natural Life Imprisonment.   A defendant who has been found guilty of first degree murder and who at the time of the commission of the offense had attained the age of 18 years or more may be sentenced to natural life imprisonment if          (i) the murdered individual was a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse, (ii) the defendant knew or should have  known that the murdered individual was a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse, and (iii) the murdered individual was killed in the course of  acting in his or her  capacity as a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse, or to prevent him or her from acting in that capacity, or in retaliation  for his or her acting in that capacity.(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;(6) the defendant's background includes a history of     extreme emotional or physical abuse;(7) the defendant suffers from a reduced mental     capacity.Provided, however, that an action that does not otherwise mitigate first degree murder cannot qualify as a mitigating factor for first degree murder because of the discovery, knowledge, or disclosure of the victim's sexual orientation as defined in Section 1-103 of the Illinois Human Rights Act.(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; orB. the defendant was convicted after a trial         before the court sitting without a jury; orC. 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, after weighing the factors in  aggravation and mitigation, that death is the appropriate sentence, the court shall sentence the defendant to death.   If the court does not concur with the jury determination that death is the  appropriate sentence, the court shall set forth reasons in writing  including what facts or circumstances the court relied upon,  along with any relevant  documents, that compelled the court to non-concur with the sentence. This  document and any attachments shall be part of the record for appellate  review. The court shall be bound by the jury's sentencing determination.If after weighing the factors in aggravation and mitigation, one or more  jurors determines that death is not the appropriate 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, after weighing the factors in aggravation and mitigation, that  death is the appropriate sentence, the Court shall sentence the  defendant to death.If   the court finds that death is not the  appropriate sentence, the  court shall sentence the defendant to a term of imprisonment under  Chapter V of the Unified Code of Corrections.(h-5) Decertification as a capital case.In a case in which the defendant has been found guilty of first degree murder  by a judge or jury, or a case on remand for resentencing, and the State seeks  the death penalty as an appropriate  sentence,  on the court's own motion or the written motion of the defendant, the court  may decertify the case as a death penalty case if the court finds that the only  evidence supporting the defendant's conviction is the uncorroborated testimony  of an informant witness, as defined in Section 115-21 of the Code of Criminal  Procedure of 1963, concerning the confession or admission of the defendant or  that the sole evidence against the defendant is a single eyewitness or single  accomplice without any other corroborating evidence.  If the court decertifies the case as a capital case  under either of the grounds set forth above, the court shall issue a  written finding.  The State may pursue its right to appeal the decertification  pursuant to Supreme Court Rule 604(a)(1).  If the court does not  decertify the case as a capital case, the matter shall proceed to the  eligibility phase of the sentencing hearing.(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.  The Illinois Supreme Court may overturn the death sentence, and order the  imposition of imprisonment under Chapter V of the Unified Code of  Corrections if the court finds that the death sentence is fundamentally  unjust as applied to the particular case.  If the Illinois Supreme Court finds that the  death sentence is fundamentally unjust as applied to the particular case,  independent of any procedural grounds for relief, the Illinois Supreme Court  shall issue a written opinion explaining this finding.(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.(k) Guidelines for seeking the death penalty.The Attorney General and  State's Attorneys Association shall consult on voluntary guidelines for  procedures governing whether or not to seek the death penalty.  The guidelines  do not  have the force of law and are only advisory in nature.  (Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff. 7-1-21.)