HB 1495

Abstract

Amends the Criminal Code of 1961. Provides that no later than 90 days prior to trial of a defendant charged with first degree murder, the court shall hold a hearing to determine whether there is probable cause to believe that one or more aggravating factors relevant to the imposition of the death penalty exist. Provides that if the court does not find that there is probable cause to believe that one or more aggravating factors exist, the court shall decertify the case as a death penalty case and shall prohibit the State from proceeding to an eligibility hearing in the sentencing phase. Provides that if the court decertifies the case as a death penalty case, the court shall issue a written finding. Provides that the State may pursue its right to appeal decertification pursuant to Supreme Court Rule. Provides that if the court does not decertify the case as a death penalty case, the matter may proceed to the eligibility phase of the sentencing hearing after the defendant has been found guilty. Effective immediately.