Vote Smart's Synopsis:

Vote to pass a bill that rescinds the death penalty; also known as capital punishment.

Highlights:

• Classifies the following felonies after the effective date of this act (Sec. 2-2):

• A category A felony is a felony for which a sentence of imprisonment in the state prison for life with or without the possibility of parole is imposed;

• A category B felony is a felony for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years;

• A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years;

• A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year; and

• A category E felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years.

• Requires a person guilty of a class A felony to be punished in the following ways (Sec. 4-4):

• Imprisonment for life without the possibility of parole;

• Imprisonment for life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; and

• Imprisonment For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.

• Authorizes a magistrate who presides over a preliminary hearing in a justice court to employ a certified court reporter to take down all the testimony and the proceedings on the hearing or appoint a person to use sound recording equipment to record all the testimony and the proceedings on a hearing (Sec. 8-2).

• Authorizes testimony to be taken (Sec. 8-7):

• By the defendant; or

• By the state, if the defendant was represented by counsel or affirmatively waived his or her right to counsel.

• Requires a defendant who pleads not guilty to the charge of murder of the first degree must be tried by a jury (Sec. 10-1).

• Specifies if the indictment or information is for murder of the first degree, two counsel on each side may argue the case to the jury, but in such case, as well as in all others, the counsel for the state must open and conclude the argument (Sec. 12).

• Specifies if the offense is murder of the first degree, two counsel must be heard on each side, if they require it (Sec. 25).

• Establishes a hearing concerning the parole of a prisoner or any decision on an issue involving a person must be conducted by at least 3 members of the Board of Pardons Commissioners and the action may be taken only with the concurrence of at least 4 members if that person (Sec. 36-6):

• Is serving a sentence of imprisonment for life;

• Has been convicted of a sexual offense involving the use or threat of use of force or violence;

• Is a habitual criminal;

• Has their sentence commuted by the state Board of Pardons Commissioners.

Full Bill Text