Bill > SB1200

This bill reinstates the death penalty in Illinois, creating the Capital Crimes Litigation Act of 2025, which establishes a comprehensive framework for capital punishment cases. The bill creates a Capital Litigation Trust Fund to provide financial support for the prosecution and defense of capital cases, including funding for trial attorneys, expert witnesses, investigators, and post-conviction proceedings. Under the new law, a defendant who is 18 or older and convicted of first-degree murder may be eligible for the death penalty under specific circumstances, such as murdering a peace officer, killing multiple individuals, murdering a child under 12 with exceptionally brutal behavior, or committing murder on school grounds or during a terrorist act. The bill outlines a detailed process for death penalty sentencing, requiring a separate sentencing proceeding where a jury or judge must unanimously find specific aggravating factors and consider mitigating factors. The death sentence is subject to automatic review by the Illinois Supreme Court, which can overturn the sentence if it is found to be fundamentally unjust. The bill also amends various existing laws to support the reintroduction of capital punishment, including modifications to the Freedom of Information Act, State Finance Act, Code of Criminal Procedure, State Appellate Defender Act, and Unified Code of Corrections. The law is set to take effect on January 1, 2026.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1200&GAID=18&DocTypeID=SB&SessionID=114&GA=104