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2007 SESSION

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SB 1116 Capital murder; premeditated killing of a judge or a witness, redefinition thereof.

Introduced by: Nick Rerras | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Capital murder of a judge or witness. Provides that the willful, deliberate and premeditated killing of a judge or justice when the killing is for the purpose of interfering with the judge's official duties is punishable as capital murder, a Class 1 felony, and that the willful, deliberate and premeditated killing of any witness under subpoena in a criminal case when the killing is for the purpose of interfering with the person's duties in such case is punishable as capital murder, a Class 1 felony.

SUMMARY AS INTRODUCED:

Capital murder of a judge or witness; triggerman rule. Redefines the "triggerman rule," which currently provides that only the actual perpetrator of a capital murder is eligible for the death penalty and that accessories and principals in the second degree can be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, an accessory before the fact to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree or if he ordered or directed the willful, deliberate, and premeditated killing.

The bill provides that the willful, deliberate and premeditated killing of a judge or justice when the killing is for the purpose of interfering with his official duties is punishable as capital murder, a Class 1 felony, and that the willful, deliberate and premeditated killing of any witness under subpoena in a criminal case when the killing is for the purpose of interfering with the person's duties in such case is punishable as capital murder, a Class 1 felony.