ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/119-1 (2026)

Death penalty abolished

✓ current as of May 2026
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(725 ILCS 5/119-1)
    Sec. 119-1. Death penalty abolished.
    (a) Beginning on July 1, 2011 (the effective date of Public Act 96-1543), notwithstanding any other law to the contrary, the death penalty is abolished and a sentence to death may not be imposed.
    (b) The Death Penalty Abolition Fund, a special fund in the State treasury, shall be expended by the Illinois Criminal Justice Information Authority for services for families of victims of homicide or murder and for training of law enforcement personnel.
(Source: P.A. 104-2, eff. 6-16-25.)

    
Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 2011–2024 · leading case: Brockman v. State, 739 S.E.2d 332 (Ga. 2013).
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Brockman v. State, 739 S.E.2d 332 (Ga. 2013). “Although the Illinois General Assembly recently abolished the death penalty, see 725 ILCS 5/119-1, we still find Walker relevant in that it shows how another court construed a statute similar to OCGA § 17-10-30 (b) (2) to allow certain attempted felonies to constitute statutory…”
People v. Brown, 967 N.E.2d 1004 (Ill. App. Ct. 2012). “July 1, 2011) (adding 725 ILCS 5/119-1). [7] The constitutionality of life sentences without the possibility of parole for juveniles convicted of murder is a question now pending before the United States Supreme Court.”
People v. Bailey, 2013 IL 113690 (Ill. 2013). “1 The death penalty was abolished in Illinois by Public Act 96-1543, § 10, effective July 1, 2011, codified at 725 ILCS 5/119-1 (West 2010). -6- ¶ 30 The State argues that although the trial court at the eligibility hearing did not expressly state that the murder was…”
People v. Simms, 2018 IL 122378 (Ill. 2018). “Obviously, from the timing of the filing and the content of the petition itself, petitioner's "duress," or "cause," for not refiling or seeking reinstatement earlier-the possibility of being retried and again sentenced to death-was removed after the abolition of the death…”
People v. Alvarez, 970 N.E.2d 516 (Ill. App. Ct. 2012). “July 1, 2011) (adding 725 ILCS 5/119-1). Accordingly, it is a question that is not likely to recur, and our determination of what this now-superseded rule requires is not necessary.”
People v. Gay, 2011 IL App (4th) 100009 (Ill. App. Ct. 2011). “July 1, 2011) (amending 725 ILCS 5/119-1 (West 2010)) (abolishing the death penalty)), life without parole is reserved for only serious offenders and offenses–those who, by their extreme recidivism or their culpability in a single act, signal to the sentencing court that they…”
People v. Simms, 2018 IL 122378 (Ill. 2019). “July 1, 2011) (adding 725 ILCS 5/119-1). A little over three months later, petitioner filed his section 2-1401 petition seeking reinstatement of his withdrawn postconviction petition.”
People v. Gay, 960 N.E.2d 1272 (Ill. App. Ct. 2011). “July 1, 2011) (amending 725 ILCS 5/119-1 (West 2010)) (abolishing the death penalty)), life without parole is reserved for only serious offenders and offenses—those who, by their extreme recidivism or their culpability in a single act, signal to the sentencing court that they…”
People v. Gomez, 959 N.E.2d 1178 (Ill. App. Ct. 2011). “July 1, 2011) (adding 725 ILCS 5/119-1).”
People v. Alfonso, 2016 IL App (2d) 130568 (Ill. App. Ct. 2016). “Defendant recognizes that the death penalty has been abolished (725 ILCS 5/119-1(a) (West 2014)), so the State could not actually seek it.”
People v. Alfonso, 2016 IL App (2d) 130568 (Ill. App. Ct. 2016). “Defendant recognizes that the death penalty has been abolished (725 ILCS 5/119-1(a) (West 2014)), so the State could not actually seek it.”
People v. Hill, 961 N.E.2d 773 (Ill. 2011). “July 1, 2011) (adding 725 ILCS 5/119-1). Accordingly, it is a question that is not likely to recur, and our determination of what this now-superseded rule requires is not necessary.”
Show all 19 citing cases →
— 725 ILCS 5/119-1(a) — 3 cases
People v. Alfonso, 2016 IL App (2d) 130568 (Ill. App. Ct. 2016). “Defendant recognizes that the death penalty has been abolished (725 ILCS 5/119-1(a) (West 2014)), so the State could not actually seek it.”
People v. Alfonso, 2016 IL App (2d) 130568 (Ill. App. Ct. 2016). “Defendant recognizes that the death penalty has been abolished (725 ILCS 5/119-1(a) (West 2014)), so the State could not actually seek it.”
People v. English, 2024 IL App (1st) 201016 (Ill. App. Ct. 2024).
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