Full Text of SB0903 101st General Assembly
SB0903sam001 101ST GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 4/5/2019
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| 1 | | AMENDMENT TO SENATE BILL 903
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 903 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Capital Crimes Litigation Act of 2019. | 6 | | Section 5. Appointment of trial counsel in death penalty | 7 | | cases. If an indigent defendant is charged with an offense for | 8 | | which a sentence of death is authorized, and the State's | 9 | | Attorney has not, at or before arraignment, filed a certificate | 10 | | indicating he or she will not seek the death penalty or stated | 11 | | on the record in open court that the death penalty will not be | 12 | | sought, the trial court shall immediately appoint the Public | 13 | | Defender, or any other qualified attorney or attorneys as the | 14 | | Illinois Supreme Court shall by rule provide, to represent the | 15 | | defendant as trial counsel. If the Public Defender is | 16 | | appointed, he or she shall immediately assign the attorney or |
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| 1 | | attorneys who are public defenders to represent the defendant. | 2 | | The counsel shall meet the qualifications as the Supreme Court | 3 | | shall by rule provide. At the request of court-appointed | 4 | | counsel in a case in which the death penalty is sought, | 5 | | attorneys employed by the State Appellate Defender may enter an | 6 | | appearance for the limited purpose of assisting counsel | 7 | | appointed under this Section.
| 8 | | Section 10. Court-appointed trial counsel; compensation | 9 | | and expenses. | 10 | | (a) This Section applies only to compensation and expenses | 11 | | of trial counsel appointed by the court as set forth in Section | 12 | | 5, other than public defenders, for the period after | 13 | | arraignment and so long as the State's Attorney has not, at any | 14 | | time, filed a certificate indicating he or she will not seek | 15 | | the death penalty or stated on the record in open court that | 16 | | the death penalty will not be sought. | 17 | | (a-5) Litigation budget. | 18 | | (1) If the State has filed a
statement of intent to | 19 | | seek the death penalty, the court shall require appointed | 20 | | counsel, including those appointed in Cook County, after | 21 | | counsel has had adequate time to review the case and prior | 22 | | to engaging trial assistance, to submit a proposed | 23 | | estimated litigation budget for court approval, that will | 24 | | be subject to modification in light of facts and | 25 | | developments that emerge as the case proceeds. Case budgets |
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| 1 | | should be submitted ex parte and filed and maintained under | 2 | | seal in order to protect the defendant's right to effective | 3 | | assistance of counsel, the defendant's right not to | 4 | | incriminate him or herself, and all applicable privileges. | 5 | | Case budgets shall be reviewed and approved by the judge | 6 | | assigned to try the case. As provided under subsection (c), | 7 | | petitions for compensation shall be reviewed by both the | 8 | | trial judge and the presiding judge or the presiding | 9 | | judge's designee.
| 10 | | (2) The litigation budget shall serve purposes
| 11 | | comparable to those of private retainer agreements by | 12 | | confirming both the court's and the attorney's | 13 | | expectations regarding fees and expenses. Consideration | 14 | | should be given to employing an ex parte pretrial | 15 | | conference in order to facilitate reaching agreement on a | 16 | | litigation budget at the earliest opportunity. | 17 | | (3) The budget shall be incorporated into a sealed
| 18 | | initial pretrial order that reflects the understandings of | 19 | | the court and counsel regarding all matters affecting | 20 | | counsel compensation and reimbursement and payments for | 21 | | investigative, expert, and other services, including, but | 22 | | not limited to, the following matters: | 23 | | (A) the hourly rate at which counsel will be
| 24 | | compensated; | 25 | | (B) the hourly rate at which private
| 26 | | investigators, other than investigators employed by |
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| 1 | | the Office of the State Appellate Defender, will be | 2 | | compensated; and | 3 | | (C) the best preliminary estimate that can be
made | 4 | | of the cost of all services, including, but not limited | 5 | | to, counsel, expert, and investigative services that | 6 | | are likely to be needed through the guilt and penalty | 7 | | phases of the trial. The court shall have discretion to | 8 | | require that budgets be prepared for shorter intervals | 9 | | of time. | 10 | | (4) Appointed counsel may obtain, subject to later
| 11 | | review, investigative, expert, or other services without | 12 | | prior authorization if necessary for an adequate defense. | 13 | | If the services are obtained, the presiding judge or the | 14 | | presiding judge's designee shall consider in an ex parte | 15 | | proceeding that timely procurement of necessary services | 16 | | could not await prior authorization. If an ex parte hearing | 17 | | is requested by defense counsel or deemed necessary by the | 18 | | trial judge prior to modifying a budget, the ex parte | 19 | | hearing shall be before the presiding judge or the | 20 | | presiding judge's designee. The judge may then authorize | 21 | | the services nunc pro tunc. If the presiding judge or the | 22 | | presiding judge's designee finds that the services were not | 23 | | reasonable, payment may be denied. | 24 | | (5) An approved budget shall guide counsel's use of
| 25 | | time and resources by indicating the services for which | 26 | | compensation is authorized. The case budget shall be |
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| 1 | | re-evaluated when justified by changed or unexpected | 2 | | circumstances and shall be modified by the court when | 3 | | reasonable and necessary for an adequate defense. If an ex | 4 | | parte hearing is requested by defense counsel or deemed | 5 | | necessary by the trial judge prior to modifying a budget, | 6 | | the ex parte hearing shall be before the presiding judge or | 7 | | the presiding judge's designee. | 8 | | (b) Appointed trial counsel shall be compensated upon | 9 | | presentment and certification by the circuit court of a claim | 10 | | for services detailing the date, activity, and time duration | 11 | | for which compensation is sought. Compensation for appointed | 12 | | trial counsel may be paid at a reasonable rate not to exceed | 13 | | $125 per hour. The court shall not authorize payment of bills | 14 | | that are not properly itemized. A request for payment shall be | 15 | | presented under seal and reviewed ex parte with a court | 16 | | reporter present.
Every January 20, the statutory rate | 17 | | prescribed in this subsection shall be automatically increased | 18 | | or decreased, as applicable, by a percentage equal to the | 19 | | percentage change in the consumer price index-u during the | 20 | | preceding 12-month calendar year. "Consumer price index-u" | 21 | | means the index published by the Bureau of Labor Statistics of | 22 | | the United States Department of Labor that measures the average | 23 | | change in prices of goods and services purchased by all urban | 24 | | consumers, United States city average, all items, 1982-84=100. | 25 | | The new rate resulting from each annual adjustment shall be | 26 | | determined by the State Treasurer and made available to the |
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| 1 | | chief judge of each judicial circuit. | 2 | | (c) Appointed trial counsel may also petition the court for | 3 | | certification of expenses for reasonable and necessary capital | 4 | | litigation expenses including, but not limited to, | 5 | | investigatory and other assistance, expert, forensic, and | 6 | | other witnesses, and mitigation specialists. Each provider of | 7 | | proposed services must specify the best preliminary estimate | 8 | | that can be made in light of information received in the case | 9 | | at that point, and the provider must sign this estimate under | 10 | | Section 1-109 of the Code of Civil Procedure. A provider of | 11 | | proposed services must also specify: (1) his or her hourly | 12 | | rate; (2) the hourly rate of anyone else in his or her employ | 13 | | for whom reimbursement is sought; and (3) the hourly rate of | 14 | | any person or entity that may be subcontracted to perform these | 15 | | services. Counsel may not petition for certification of | 16 | | expenses that may have been provided or compensated by the | 17 | | State Appellate Defender under item (c)(5.1) of Section 10 of | 18 | | the State Appellate Defender Act. The petitions shall be filed | 19 | | under seal and considered ex parte but with a court reporter | 20 | | present for all ex parte conferences. If the requests are | 21 | | submitted after services have been rendered, the requests shall | 22 | | be supported by an invoice describing the services rendered, | 23 | | the dates the services were performed and the amount of time | 24 | | spent. These petitions shall be reviewed by both the trial | 25 | | judge and the presiding judge of the circuit court or the | 26 | | presiding judge's designee. The petitions and orders shall be |
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| 1 | | kept under seal and shall be exempt from Freedom of Information | 2 | | requests until the conclusion of the trial, even if the | 3 | | prosecution chooses not to pursue the death penalty prior to | 4 | | trial or sentencing. If an ex parte hearing is requested by | 5 | | defense counsel or deemed necessary by the trial judge, the | 6 | | hearing shall be before the presiding judge or the presiding | 7 | | judge's designee. | 8 | | (d) Appointed trial counsel shall petition the court for | 9 | | certification of compensation and expenses under this Section | 10 | | periodically during the course of counsel's representation. | 11 | | The petitions shall be supported by itemized bills showing the | 12 | | date, the amount of time spent, the work done, and the total | 13 | | being charged for each entry. The court shall not authorize | 14 | | payment of bills that are not properly itemized. The court must | 15 | | certify reasonable and necessary expenses of the petitioner for | 16 | | travel and per diem (lodging, meals, and incidental expenses). | 17 | | These expenses must be paid at the rate as promulgated by the | 18 | | United States General Services Administration for these | 19 | | expenses for the date and location in which they were incurred, | 20 | | unless extraordinary reasons are shown for the difference. The | 21 | | petitions shall be filed under seal and considered ex parte but | 22 | | with a court reporter present for all ex parte conferences. The | 23 | | petitions shall be reviewed by both the trial judge and the | 24 | | presiding judge of the circuit court or the presiding judge's | 25 | | designee. If an ex parte hearing is requested by defense | 26 | | counsel or deemed necessary by the trial judge, the ex parte |
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| 1 | | hearing shall be before the presiding judge or the presiding | 2 | | judge's designee. If the court determines that the compensation | 3 | | and expenses should be paid from the Capital Litigation Trust | 4 | | and Death Penalty Abolition Fund, the court shall certify, on a | 5 | | form created by the State Treasurer, that all or a designated | 6 | | portion of the amount requested is reasonable, necessary, and | 7 | | appropriate for payment from the Trust Fund. The form must also | 8 | | be signed by lead trial counsel under Section 1-109 of the Code | 9 | | of Civil Procedure verifying that the amount requested is | 10 | | reasonable, necessary, and appropriate. Bills submitted for | 11 | | payment by any individual or entity seeking payment from the | 12 | | Capital Litigation Trust and Death Penalty Abolition Fund must | 13 | | also be accompanied by a form created by the State Treasurer | 14 | | and signed by the individual or responsible agent of the entity | 15 | | under Section 1-109 of the Code of Civil Procedure that the | 16 | | amount requested is accurate and truthful and reflects time | 17 | | spent or expenses incurred. Certification of compensation and | 18 | | expenses by a court in any county other than Cook County shall | 19 | | be delivered by the court to the State Treasurer and must be | 20 | | paid by the State Treasurer directly from the Capital | 21 | | Litigation Trust and Death Penalty Abolition Fund if there are | 22 | | sufficient moneys in the Trust Fund to pay the compensation and | 23 | | expenses. If the State Treasurer finds within 14 days of his or | 24 | | her receipt of a certification that the compensation and | 25 | | expenses to be paid are unreasonable, unnecessary, or | 26 | | inappropriate, he or she may return the certification to the |
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| 1 | | court setting forth in detail the objection or objections with | 2 | | a request for the court to review the objection or objections | 3 | | before resubmitting the certification. The State Treasurer | 4 | | must send the claimant a copy of the objection or objections. | 5 | | The State Treasurer may only seek a review of a specific | 6 | | objection once. The claimant has 7 days from his or her receipt | 7 | | of the objections to file a response with the court. With or | 8 | | without further hearing, the court must promptly rule on the | 9 | | objections. The petitions and orders shall be kept under seal | 10 | | and shall be exempt from Freedom of Information requests until | 11 | | the conclusion of the trial and appeal of the case, even if the | 12 | | prosecution chooses not to pursue the death penalty prior to | 13 | | trial or sentencing. Certification of compensation and | 14 | | expenses by a court in Cook County shall be delivered by the | 15 | | court to the county treasurer and paid by the county treasurer | 16 | | from moneys granted to the county from the Capital Litigation | 17 | | Trust and Death Penalty Abolition Fund. | 18 | | Section 15. Capital Litigation Trust and Death Penalty | 19 | | Abolition Fund.
| 20 | | (a) The Capital Litigation Trust and Death Penalty | 21 | | Abolition Fund shall be administered by the State Treasurer to | 22 | | provide moneys for the appropriations to be made, grants to be | 23 | | awarded, and compensation and expenses to be paid under this | 24 | | Act. All interest earned from the investment or deposit of | 25 | | moneys accumulated in the Trust Fund shall, under Section 4.1 |
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| 1 | | of the State Finance Act, be deposited into the Trust Fund. | 2 | | (b) Moneys deposited into the Trust Fund shall not be | 3 | | considered general revenue of the State of Illinois. | 4 | | (c) Moneys deposited into the Trust Fund shall be used | 5 | | exclusively for the purposes of providing funding for the | 6 | | prosecution and defense of capital cases and for providing | 7 | | funding for post-conviction proceedings in capital cases under | 8 | | Article 122 of the Code of Criminal Procedure of 1963 and in | 9 | | relation to petitions filed under Section 2-1401 of the Code of | 10 | | Civil Procedure in relation to capital cases as provided in | 11 | | this Act and shall not be appropriated, loaned, or in any | 12 | | manner transferred to the General Revenue Fund of the State of | 13 | | Illinois. | 14 | | (d) Every fiscal year the State Treasurer shall transfer | 15 | | from the General Revenue Fund to the Capital Litigation Trust | 16 | | and Death Penalty Abolition Fund an amount equal to the full | 17 | | amount of moneys appropriated by the General Assembly (both by | 18 | | original and supplemental appropriation), less any unexpended | 19 | | balance from the previous fiscal year, from the Capital | 20 | | Litigation Trust and Death Penalty Abolition Fund for the | 21 | | specific purpose of making funding available for the | 22 | | prosecution and defense of capital cases and for the litigation | 23 | | expenses associated with post-conviction proceedings in | 24 | | capital cases under Article 122 of the Code of Criminal | 25 | | Procedure of 1963 and in relation to petitions filed under | 26 | | Section 2-1401 of the Code of Civil Procedure in relation to |
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| 1 | | capital cases. The Public Defender and State's Attorney in Cook | 2 | | County, the State Appellate Defender, the State's Attorneys | 3 | | Appellate Prosecutor, and the Attorney General shall make | 4 | | annual requests for appropriations from the Trust Fund. | 5 | | (1) The Public Defender in Cook County shall request
| 6 | | appropriations to the State Treasurer for expenses | 7 | | incurred by the Public Defender and for funding for private | 8 | | appointed defense counsel in Cook County. | 9 | | (2) The State's Attorney in Cook County shall
request | 10 | | an appropriation to the State Treasurer for expenses | 11 | | incurred by the State's Attorney. | 12 | | (3) The State Appellate Defender shall request a
direct | 13 | | appropriation from the Trust Fund for expenses incurred by | 14 | | the State Appellate Defender in providing assistance to | 15 | | trial attorneys under item (c)(5.1) of Section 10 of the | 16 | | State Appellate Defender Act and for expenses incurred by | 17 | | the State Appellate Defender in representing petitioners | 18 | | in capital cases in post-conviction proceedings under | 19 | | Article 122 of the Code of Criminal Procedure of 1963 and | 20 | | in relation to petitions filed under Section 2-1401 of the | 21 | | Code of Civil Procedure in relation to capital cases and | 22 | | for the representation of those petitioners by attorneys | 23 | | approved by or contracted with the State Appellate Defender | 24 | | and an appropriation to the State Treasurer for payments | 25 | | from the Trust Fund for the defense of cases in counties | 26 | | other than Cook County. |
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| 1 | | (4) The State's Attorneys Appellate Prosecutor shall
| 2 | | request a direct appropriation from the Trust Fund to pay | 3 | | expenses incurred by the State's Attorneys Appellate | 4 | | Prosecutor and an appropriation to the State Treasurer for | 5 | | payments from the Trust Fund for expenses incurred by | 6 | | State's Attorneys in counties other than Cook County. | 7 | | (5) The Attorney General shall request a direct
| 8 | | appropriation from the Trust Fund to pay expenses incurred | 9 | | by the Attorney General in assisting the State's Attorneys | 10 | | in counties other than Cook County and to pay for expenses | 11 | | incurred by the Attorney General when the Attorney General | 12 | | is ordered by the presiding judge of the Criminal Division | 13 | | of the Circuit Court of Cook County to prosecute or | 14 | | supervise the prosecution of Cook County cases and for | 15 | | expenses incurred by the Attorney General in representing | 16 | | the State in post-conviction proceedings in capital cases | 17 | | under Article 122 of the Code of Criminal Procedure of 1963 | 18 | | and in relation to petitions filed under Section 2-1401 of | 19 | | the Code of Civil Procedure in relation to capital cases.
| 20 | | The Public Defender and State's Attorney in Cook County, | 21 | | the State Appellate Defender, the State's Attorneys | 22 | | Appellate Prosecutor, and the Attorney General may each | 23 | | request supplemental appropriations from the Trust Fund | 24 | | during the fiscal year. | 25 | | (e) Moneys in the Trust Fund shall be expended only as | 26 | | follows: |
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| 1 | | (1) To pay the State Treasurer's costs to administer
| 2 | | the Trust Fund. The amount for this purpose may not exceed | 3 | | 5% in any one fiscal year of the amount otherwise | 4 | | appropriated from the Trust Fund in the same fiscal year.
| 5 | | (2) To pay the capital litigation expenses of trial
| 6 | | defense and post-conviction proceedings in capital cases | 7 | | under Article 122 of the Code of Criminal Procedure of 1963 | 8 | | and in relation to petitions filed under Section 2-1401 of | 9 | | the Code of Civil Procedure in relation to capital cases | 10 | | including, but not limited to, DNA testing, including DNA | 11 | | testing under Section 116-3 of the Code of Criminal | 12 | | Procedure of 1963, analysis, and expert testimony, | 13 | | investigatory and other assistance, expert, forensic, and | 14 | | other witnesses, and mitigation specialists, and grants | 15 | | and aid provided to public defenders, appellate defenders, | 16 | | and any attorney approved by or contracted with the State | 17 | | Appellate Defender representing petitioners in | 18 | | post-conviction proceedings in capital cases under Article | 19 | | 122 of the Code of Criminal Procedure of 1963 and in | 20 | | relation to petitions filed under Section 2-1401 of the | 21 | | Code of Civil Procedure in relation to capital cases or | 22 | | assistance to attorneys who have been appointed by the | 23 | | court to represent defendants who are charged with capital | 24 | | crimes. Reasonable and necessary capital litigation | 25 | | expenses include travel and per diem (lodging, meals, and | 26 | | incidental expenses). |
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| 1 | | (3) To pay the compensation of trial attorneys,
other | 2 | | than public defenders or appellate defenders, who have been | 3 | | appointed by the court to represent defendants who are | 4 | | charged with capital crimes or attorneys approved by or | 5 | | contracted with the State Appellate Defender to represent | 6 | | petitioners in post-conviction proceedings in capital | 7 | | cases under Article 122 of the Code of Criminal Procedure | 8 | | of 1963 and in relation to petitions filed under Section | 9 | | 2-1401 of the Code of Civil Procedure in relation to | 10 | | capital cases. | 11 | | (4) To provide State's Attorneys with funding for
| 12 | | capital litigation expenses and for expenses of | 13 | | representing the State in post-conviction proceedings in | 14 | | capital cases under Article 122 of the Code of Criminal | 15 | | Procedure of 1963 and in relation to petitions filed under | 16 | | Section 2-1401 of the Code of Civil Procedure in relation | 17 | | to capital cases including, but not limited to, | 18 | | investigatory and other assistance and expert, forensic, | 19 | | and other witnesses necessary to prosecute capital cases. | 20 | | State's Attorneys in any county other than Cook County | 21 | | seeking funding for capital litigation expenses and for | 22 | | expenses of representing the State in post-conviction | 23 | | proceedings in capital cases under Article 122 of the Code | 24 | | of Criminal Procedure of 1963 and in relation to petitions | 25 | | filed under Section 2-1401 of the Code of Civil Procedure | 26 | | in relation to capital cases including, but not limited to, |
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| 1 | | investigatory and other assistance and expert, forensic, | 2 | | or other witnesses under this Section may request that the | 3 | | State's Attorneys Appellate Prosecutor or the Attorney | 4 | | General, as the case may be, certify the expenses as | 5 | | reasonable, necessary, and appropriate for payment from | 6 | | the Trust Fund, on a form created by the State Treasurer. | 7 | | Upon certification of the expenses and delivery of the | 8 | | certification to the State Treasurer, the Treasurer shall | 9 | | pay the expenses directly from the Capital Litigation Trust | 10 | | and Death Penalty Abolition Fund if there are sufficient | 11 | | moneys in the Trust Fund to pay the expenses. | 12 | | (5) To provide financial support through the
Attorney | 13 | | General under the Attorney General Act for the several | 14 | | county State's Attorneys outside of Cook County, but shall | 15 | | not be used to increase personnel for the Attorney | 16 | | General's Office, except when the Attorney General is | 17 | | ordered by the presiding judge of the Criminal Division of | 18 | | the Circuit Court of Cook County to prosecute or supervise | 19 | | the prosecution of Cook County cases. | 20 | | (6) To provide financial support through the State's
| 21 | | Attorneys Appellate Prosecutor under the State's Attorneys | 22 | | Appellate Prosecutor's Act for the several county State's | 23 | | Attorneys outside of Cook County, but shall not be used to | 24 | | increase personnel for the State's Attorneys Appellate | 25 | | Prosecutor. | 26 | | (7) To provide financial support to the State
Appellate |
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| 1 | | Defender under the State Appellate Defender Act.
Moneys | 2 | | expended from the Trust Fund shall be in addition to county | 3 | | funding for Public Defenders and State's Attorneys, and | 4 | | shall not be used to supplant or reduce ordinary and | 5 | | customary county funding. | 6 | | (f) Moneys in the Trust Fund shall be appropriated to the | 7 | | State Appellate Defender, the State's Attorneys Appellate | 8 | | Prosecutor, the Attorney General, and the State Treasurer. The | 9 | | State Appellate Defender shall receive an appropriation from | 10 | | the Trust Fund to enable it to provide assistance to appointed | 11 | | defense counsel and attorneys approved by or contracted with | 12 | | the State Appellate Defender to represent petitioners in | 13 | | post-conviction proceedings in capital cases under Article 122 | 14 | | of the Code of Criminal Procedure of 1963 and in relation to | 15 | | petitions filed under Section 2-1401 of the Code of Civil | 16 | | Procedure in relation to capital cases throughout the State and | 17 | | to Public Defenders in counties other than Cook. The State's | 18 | | Attorneys Appellate Prosecutor and the Attorney General shall | 19 | | receive appropriations from the Trust Fund to enable them to | 20 | | provide assistance to State's Attorneys in counties other than | 21 | | Cook County and when the Attorney General is ordered by the | 22 | | presiding judge of the Criminal Division of the Circuit Court | 23 | | of Cook County to prosecute or supervise the prosecution of | 24 | | Cook County cases. Moneys shall be appropriated to the State | 25 | | Treasurer to enable the Treasurer: (i) to make grants to Cook | 26 | | County; (ii) to pay the expenses of Public Defenders, the State |
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| 1 | | Appellate Defender, the Attorney General, the Office of the | 2 | | State's Attorneys Appellate Prosecutor, and State's Attorneys | 3 | | in counties other than Cook County; (iii) to pay the expenses | 4 | | and compensation of appointed defense counsel and attorneys | 5 | | approved by or contracted with the State Appellate Defender to | 6 | | represent petitioners in post-conviction proceedings in | 7 | | capital cases under Article 122 of the Code of Criminal | 8 | | Procedure of 1963 and in relation to petitions filed under | 9 | | Section 2-1401 of the Code of Civil Procedure in relation to | 10 | | capital cases in counties other than Cook County; and (iv) to | 11 | | pay the costs of administering the Trust Fund. All expenditures | 12 | | and grants made from the Trust Fund shall be subject to audit | 13 | | by the Auditor General. | 14 | | (g) For Cook County, grants from the Trust Fund shall be | 15 | | made and administered as follows: | 16 | | (1) For each State fiscal year, the State's Attorney
| 17 | | and Public Defender must each make a separate application | 18 | | to the State Treasurer for capital litigation grants. | 19 | | (2) The State Treasurer shall establish rules and
| 20 | | procedures for grant applications. The rules shall require | 21 | | the Cook County Treasurer as the grant recipient to report | 22 | | on a periodic basis to the State Treasurer how much of the | 23 | | grant has been expended, how much of the grant is | 24 | | remaining, and the purposes for which the grant has been | 25 | | used. The rules may also require the Cook County Treasurer | 26 | | to certify on a periodic basis that expenditures of the |
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| 1 | | funds have been made for expenses that are reasonable, | 2 | | necessary, and appropriate for payment from the Trust Fund. | 3 | | (3) The State Treasurer shall make the grants to the
| 4 | | Cook County Treasurer as soon as possible after the | 5 | | beginning of the State fiscal year. | 6 | | (4) The State's Attorney or Public Defender may
apply | 7 | | for supplemental grants during the fiscal year. | 8 | | (5) Grant moneys shall be paid to the Cook County
| 9 | | Treasurer in block grants and held in separate accounts for | 10 | | the State's Attorney, the Public Defender, and court | 11 | | appointed defense counsel other than the Cook County Public | 12 | | Defender, respectively, for the designated fiscal year, | 13 | | and are not subject to county appropriation. | 14 | | (6) Expenditure of grant moneys under this
subsection | 15 | | (g) is subject to audit by the Auditor General. | 16 | | (7) The Cook County Treasurer shall immediately make
| 17 | | payment from the appropriate separate account in the county | 18 | | treasury for capital litigation expenses to the State's | 19 | | Attorney, Public Defender, or court-appointed defense | 20 | | counsel other than the Public Defender, as the case may be, | 21 | | upon order of the State's Attorney, Public Defender or the | 22 | | court, respectively. | 23 | | (h) If a defendant in a capital case in Cook County is | 24 | | represented by court-appointed counsel other than the Cook | 25 | | County Public Defender, the appointed counsel shall petition | 26 | | the court for an order directing the Cook County Treasurer to |
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| 1 | | pay the court-appointed counsel's reasonable and necessary | 2 | | compensation and capital litigation expenses from grant moneys | 3 | | provided from the Trust Fund. The petitions shall be supported | 4 | | by itemized bills showing the date, the amount of time spent, | 5 | | the work done, and the total being charged for each entry. The | 6 | | court shall not authorize payment of bills that are not | 7 | | properly itemized. The petitions shall be filed under seal and | 8 | | considered ex parte but with a court reporter present for all | 9 | | ex parte conferences. The petitions shall be reviewed by both | 10 | | the trial judge and the presiding judge of the circuit court or | 11 | | the presiding judge's designee. The petitions and orders shall | 12 | | be kept under seal and shall be exempt from Freedom of | 13 | | Information requests until the conclusion of the trial and | 14 | | appeal of the case, even if the prosecution chooses not to | 15 | | pursue the death penalty prior to trial or sentencing. Orders | 16 | | denying petitions for compensation or expenses are final. | 17 | | Counsel may not petition for expenses that may have been | 18 | | provided or compensated by the State Appellate Defender under | 19 | | item (c)(5.1) of Section 10 of the State Appellate Defender | 20 | | Act. | 21 | | (i) In counties other than Cook County, and when the | 22 | | Attorney General is ordered by the presiding judge of the | 23 | | Criminal Division of the Circuit Court of Cook County to | 24 | | prosecute or supervise the prosecution of Cook County cases, | 25 | | and excluding capital litigation expenses or services that may | 26 | | have been provided by the State Appellate Defender under item |
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| 1 | | (c)(5.1) of Section 10 of the State Appellate Defender Act: | 2 | | (1) Upon certification by the circuit court, on a
form | 3 | | created by the State Treasurer, that all or a portion of | 4 | | the expenses are reasonable, necessary, and appropriate | 5 | | for payment from the Trust Fund and the court's delivery of | 6 | | the certification to the Treasurer, the Treasurer shall pay | 7 | | the certified expenses of Public Defenders and the State | 8 | | Appellate Defender from the money appropriated to the | 9 | | Treasurer for capital litigation expenses of Public | 10 | | Defenders and post-conviction proceeding expenses in | 11 | | capital cases of the State Appellate Defender and expenses | 12 | | in relation to petitions filed under Section 2-1401 of the | 13 | | Code of Civil Procedure in relation to capital cases in any | 14 | | county other than Cook County, if there are sufficient | 15 | | moneys in the Trust Fund to pay the expenses. | 16 | | (2) If a defendant in a capital case is represented
by | 17 | | court-appointed counsel other than the Public Defender, | 18 | | the appointed counsel shall petition the court to certify | 19 | | compensation and capital litigation expenses including, | 20 | | but not limited to, investigatory and other assistance, | 21 | | expert, forensic, and other witnesses, and mitigation | 22 | | specialists as reasonable, necessary, and appropriate for | 23 | | payment from the Trust Fund. If a petitioner in a capital | 24 | | case who has filed a petition for post-conviction relief | 25 | | under Article 122 of the Code of Criminal Procedure of 1963 | 26 | | or a petition under Section 2-1401 of the Code of Civil |
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| 1 | | Procedure in relation to capital cases is represented by an | 2 | | attorney approved by or contracted with the State Appellate | 3 | | Defender other than the State Appellate Defender, that | 4 | | attorney shall petition the court to certify compensation | 5 | | and litigation expenses of post-conviction proceedings | 6 | | under Article 122 of the Code of Criminal Procedure of 1963 | 7 | | or in relation to petitions filed under Section 2-1401 of | 8 | | the Code of Civil Procedure in relation to capital cases. | 9 | | Upon certification on a form created by the State Treasurer | 10 | | of all or a portion of the compensation and expenses | 11 | | certified as reasonable, necessary, and appropriate for | 12 | | payment from the Trust Fund and the court's delivery of the | 13 | | certification to the Treasurer, the State Treasurer shall | 14 | | pay the certified compensation and expenses from the money | 15 | | appropriated to the Treasurer for that purpose, if there | 16 | | are sufficient moneys in the Trust Fund to make those | 17 | | payments. | 18 | | (3) A petition for capital litigation expenses or
| 19 | | post-conviction proceeding expenses or expenses incurred | 20 | | in filing a petition under Section 2-1401 of the Code of | 21 | | Civil Procedure in relation to capital cases under this | 22 | | subsection shall be considered under seal and reviewed ex | 23 | | parte with a court reporter present. Orders denying | 24 | | petitions for compensation or expenses are final. | 25 | | (j) If the Trust Fund is discontinued or dissolved by an | 26 | | Act of the General Assembly or by operation of law, any balance |
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| 1 | | remaining in the Trust Fund shall be returned to the General | 2 | | Revenue Fund after deduction of administrative costs, any other | 3 | | provision of this Act to the contrary notwithstanding.
| 4 | | Section 90. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | from inspection and copying: | 10 | | (a) All information determined to be confidential | 11 | | under Section 4002 of the Technology Advancement and | 12 | | Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library | 15 | | Records Confidentiality Act. | 16 | | (c) Applications, related documents, and medical | 17 | | records received by the Experimental Organ Transplantation | 18 | | Procedures Board and any and all documents or other records | 19 | | prepared by the Experimental Organ Transplantation | 20 | | Procedures Board or its staff relating to applications it | 21 | | has received. | 22 | | (d) Information and records held by the Department of | 23 | | Public Health and its authorized representatives relating | 24 | | to known or suspected cases of sexually transmissible |
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| 1 | | disease or any information the disclosure of which is | 2 | | restricted under the Illinois Sexually Transmissible | 3 | | Disease Control Act. | 4 | | (e) Information the disclosure of which is exempted | 5 | | under Section 30 of the Radon Industry Licensing Act. | 6 | | (f) Firm performance evaluations under Section 55 of | 7 | | the Architectural, Engineering, and Land Surveying | 8 | | Qualifications Based Selection Act. | 9 | | (g) Information the disclosure of which is restricted | 10 | | and exempted under Section 50 of the Illinois Prepaid | 11 | | Tuition Act. | 12 | | (h) Information the disclosure of which is exempted | 13 | | under the State Officials and Employees Ethics Act, and | 14 | | records of any lawfully created State or local inspector | 15 | | general's office that would be exempt if created or | 16 | | obtained by an Executive Inspector General's office under | 17 | | that Act. | 18 | | (i) Information contained in a local emergency energy | 19 | | plan submitted to a municipality in accordance with a local | 20 | | emergency energy plan ordinance that is adopted under | 21 | | Section 11-21.5-5 of the Illinois Municipal Code. | 22 | | (j) Information and data concerning the distribution | 23 | | of surcharge moneys collected and remitted by carriers | 24 | | under the Emergency Telephone System Act. | 25 | | (k) Law enforcement officer identification information | 26 | | or driver identification information compiled by a law |
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| 1 | | enforcement agency or the Department of Transportation | 2 | | under Section 11-212 of the Illinois Vehicle Code. | 3 | | (l) Records and information provided to a residential | 4 | | health care facility resident sexual assault and death | 5 | | review team or the Executive Council under the Abuse | 6 | | Prevention Review Team Act. | 7 | | (m) Information provided to the predatory lending | 8 | | database created pursuant to Article 3 of the Residential | 9 | | Real Property Disclosure Act, except to the extent | 10 | | authorized under that Article. | 11 | | (n) Defense budgets and petitions for certification of | 12 | | compensation and expenses for court appointed trial | 13 | | counsel as provided under Sections 10 and 15 of the Capital | 14 | | Crimes Litigation Act of 2019 . This subsection (n) shall | 15 | | apply until the conclusion of the trial of the case, even | 16 | | if the prosecution chooses not to pursue the death penalty | 17 | | prior to trial or sentencing. | 18 | | (o) Information that is prohibited from being | 19 | | disclosed under Section 4 of the Illinois Health and | 20 | | Hazardous Substances Registry Act. | 21 | | (p) Security portions of system safety program plans, | 22 | | investigation reports, surveys, schedules, lists, data, or | 23 | | information compiled, collected, or prepared by or for the | 24 | | Regional Transportation Authority under Section 2.11 of | 25 | | the Regional Transportation Authority Act or the St. Clair | 26 | | County Transit District under the Bi-State Transit Safety |
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| 1 | | Act. | 2 | | (q) Information prohibited from being disclosed by the | 3 | | Personnel Record Records Review Act. | 4 | | (r) Information prohibited from being disclosed by the | 5 | | Illinois School Student Records Act. | 6 | | (s) Information the disclosure of which is restricted | 7 | | under Section 5-108 of the Public Utilities Act.
| 8 | | (t) All identified or deidentified health information | 9 | | in the form of health data or medical records contained in, | 10 | | stored in, submitted to, transferred by, or released from | 11 | | the Illinois Health Information Exchange, and identified | 12 | | or deidentified health information in the form of health | 13 | | data and medical records of the Illinois Health Information | 14 | | Exchange in the possession of the Illinois Health | 15 | | Information Exchange Authority due to its administration | 16 | | of the Illinois Health Information Exchange. The terms | 17 | | "identified" and "deidentified" shall be given the same | 18 | | meaning as in the Health Insurance Portability and | 19 | | Accountability Act of 1996, Public Law 104-191, or any | 20 | | subsequent amendments thereto, and any regulations | 21 | | promulgated thereunder. | 22 | | (u) Records and information provided to an independent | 23 | | team of experts under the Developmental Disability and | 24 | | Mental Health Safety Act (also known as Brian's Law ) . | 25 | | (v) Names and information of people who have applied | 26 | | for or received Firearm Owner's Identification Cards under |
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| 1 | | the Firearm Owners Identification Card Act or applied for | 2 | | or received a concealed carry license under the Firearm | 3 | | Concealed Carry Act, unless otherwise authorized by the | 4 | | Firearm Concealed Carry Act; and databases under the | 5 | | Firearm Concealed Carry Act, records of the Concealed Carry | 6 | | Licensing Review Board under the Firearm Concealed Carry | 7 | | Act, and law enforcement agency objections under the | 8 | | Firearm Concealed Carry Act. | 9 | | (w) Personally identifiable information which is | 10 | | exempted from disclosure under subsection (g) of Section | 11 | | 19.1 of the Toll Highway Act. | 12 | | (x) Information which is exempted from disclosure | 13 | | under Section 5-1014.3 of the Counties Code or Section | 14 | | 8-11-21 of the Illinois Municipal Code. | 15 | | (y) Confidential information under the Adult | 16 | | Protective Services Act and its predecessor enabling | 17 | | statute, the Elder Abuse and Neglect Act, including | 18 | | information about the identity and administrative finding | 19 | | against any caregiver of a verified and substantiated | 20 | | decision of abuse, neglect, or financial exploitation of an | 21 | | eligible adult maintained in the Registry established | 22 | | under Section 7.5 of the Adult Protective Services Act. | 23 | | (z) Records and information provided to a fatality | 24 | | review team or the Illinois Fatality Review Team Advisory | 25 | | Council under Section 15 of the Adult Protective Services | 26 | | Act. |
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| 1 | | (aa) Information which is exempted from disclosure | 2 | | under Section 2.37 of the Wildlife Code. | 3 | | (bb) Information which is or was prohibited from | 4 | | disclosure by the Juvenile Court Act of 1987. | 5 | | (cc) Recordings made under the Law Enforcement | 6 | | Officer-Worn Body Camera Act, except to the extent | 7 | | authorized under that Act. | 8 | | (dd) Information that is prohibited from being | 9 | | disclosed under Section 45 of the Condominium and Common | 10 | | Interest Community Ombudsperson Act. | 11 | | (ee) Information that is exempted from disclosure | 12 | | under Section 30.1 of the Pharmacy Practice Act. | 13 | | (ff) Information that is exempted from disclosure | 14 | | under the Revised Uniform Unclaimed Property Act. | 15 | | (gg) Information that is prohibited from being | 16 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 17 | | Code. | 18 | | (hh) Records that are exempt from disclosure under | 19 | | Section 1A-16.7 of the Election Code. | 20 | | (ii) Information which is exempted from disclosure | 21 | | under Section 2505-800 of the Department of Revenue Law of | 22 | | the Civil Administrative Code of Illinois. | 23 | | (jj) Information and reports that are required to be | 24 | | submitted to the Department of Labor by registering day and | 25 | | temporary labor service agencies but are exempt from | 26 | | disclosure under subsection (a-1) of Section 45 of the Day |
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| 1 | | and Temporary Labor Services Act. | 2 | | (kk) Information prohibited from disclosure under the | 3 | | Seizure and Forfeiture Reporting Act. | 4 | | (ll) Information the disclosure of which is restricted | 5 | | and exempted under Section 5-30.8 of the Illinois Public | 6 | | Aid Code. | 7 | | (mm) (ll) Records that are exempt from disclosure under | 8 | | Section 4.2 of the Crime Victims Compensation Act. | 9 | | (nn) (ll) Information that is exempt from disclosure | 10 | | under Section 70 of the Higher Education Student Assistance | 11 | | Act. | 12 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 13 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 14 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 15 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 16 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 17 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | 18 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | 19 | | 10-12-18.) | 20 | | Section 95. The State Finance Act is amended by changing | 21 | | Section 5.790 as follows:
| 22 | | (30 ILCS 105/5.790)
| 23 | | Sec. 5.790. The Capital Litigation Trust and Death Penalty | 24 | | Abolition Fund. |
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| 1 | | (Source: P.A. 96-1543, eff. 7-1-11; 97-813, eff. 7-13-12.)
| 2 | | (30 ILCS 105/5.518 rep.) | 3 | | Section 100. The State Finance Act is amended by repealing | 4 | | Section 5.518. | 5 | | Section 105. The Counties Code is amended by changing | 6 | | Sections 3-4006.1 and 3-9005 as follows:
| 7 | | (55 ILCS 5/3-4006.1)
| 8 | | Sec. 3-4006.1. Powers and Duties of the Cook County Public | 9 | | Defender.
For each State fiscal year,
the Cook County Public | 10 | | Defender shall appear before the General Assembly and
request | 11 | | appropriations to be made
from the Capital Litigation Trust and | 12 | | Death Penalty Abolition Fund to the State Treasurer for the | 13 | | purpose
of providing trial defense assistance in capital cases. | 14 | | The Public Defender
may appear before the General Assembly at | 15 | | other times during the State's fiscal
year to request | 16 | | supplemental appropriations be made from the Trust Fund to the
| 17 | | State Treasurer.
| 18 | | (Source: P.A. 91-589, eff. 1-1-00.)
| 19 | | (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
| 20 | | Sec. 3-9005. Powers and duties of State's attorney.
| 21 | | (a) The duty of each State's attorney shall be:
| 22 | | (1) To commence and prosecute all actions, suits, |
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| 1 | | indictments and
prosecutions, civil and criminal, in the | 2 | | circuit court for his county,
in which the people of the | 3 | | State or county may be concerned.
| 4 | | (2) To prosecute all forfeited bonds and | 5 | | recognizances, and all
actions and proceedings for the | 6 | | recovery of debts, revenues, moneys,
fines, penalties and | 7 | | forfeitures accruing to the State or his county, or
to any | 8 | | school district or road district in his county; also, to
| 9 | | prosecute all suits in his county against railroad or | 10 | | transportation
companies, which may be prosecuted in the | 11 | | name of the People of the
State of Illinois.
| 12 | | (3) To commence and prosecute all actions and | 13 | | proceedings brought by
any county officer in his official | 14 | | capacity.
| 15 | | (4) To defend all actions and proceedings brought | 16 | | against his
county, or against any county or State officer, | 17 | | in his official
capacity, within his county.
| 18 | | (5) To attend the examination of all persons brought | 19 | | before any judge
on habeas corpus, when the prosecution is | 20 | | in his county.
| 21 | | (6) To attend before judges and prosecute charges of | 22 | | felony or
misdemeanor, for which the offender is required | 23 | | to be recognized to appear
before the circuit court, when | 24 | | in his power so to do.
| 25 | | (7) To give his opinion, without fee or reward, to any | 26 | | county officer
in his county, upon any question or law |
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| 1 | | relating to any criminal or other
matter, in which the | 2 | | people or the county may be concerned.
| 3 | | (8) To assist the attorney general whenever it may be | 4 | | necessary, and in
cases of appeal from his county to the | 5 | | Supreme Court, to which it is the
duty of the attorney | 6 | | general to attend, he shall furnish the attorney general
at | 7 | | least 10 days before such is due to be filed, a manuscript | 8 | | of a proposed
statement, brief and argument to be printed | 9 | | and filed on behalf of the people,
prepared in accordance | 10 | | with the rules of the Supreme Court. However, if
such | 11 | | brief, argument or other document is due to be filed by law | 12 | | or order
of court within this 10-day period, then the | 13 | | State's attorney shall furnish
such as soon as may be | 14 | | reasonable.
| 15 | | (9) To pay all moneys received by him in trust, without | 16 | | delay, to the
officer who by law is entitled to the custody | 17 | | thereof.
| 18 | | (10) To notify, by first class mail, complaining | 19 | | witnesses of the ultimate
disposition of the cases arising | 20 | | from an indictment or an information.
| 21 | | (11) To perform such other and further duties as may, | 22 | | from time to time,
be enjoined on him by law.
| 23 | | (12) To appear in all proceedings by collectors of | 24 | | taxes against
delinquent taxpayers for judgments to sell | 25 | | real estate, and see that all the
necessary preliminary | 26 | | steps have been legally taken to make the judgment legal
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| 1 | | and binding.
| 2 | | (13) To notify, by first-class mail, the State | 3 | | Superintendent of Education, the applicable regional | 4 | | superintendent of schools, and the superintendent of the | 5 | | employing school district or the chief school | 6 | | administrator of the employing nonpublic school, if any, | 7 | | upon the conviction of any individual known to possess a | 8 | | certificate or license issued pursuant to Article 21 or | 9 | | 21B, respectively, of the School Code of any offense set | 10 | | forth in Section 21B-80 of the School Code or any other | 11 | | felony conviction, providing the name of the certificate | 12 | | holder, the fact of the conviction, and the name and | 13 | | location of the court where the conviction occurred. The | 14 | | certificate holder must also be contemporaneously sent a | 15 | | copy of the notice. | 16 | | (b) The State's Attorney of each county shall have | 17 | | authority to
appoint one or more special investigators to serve | 18 | | subpoenas and summonses, make return
of process, and conduct | 19 | | investigations which assist the State's Attorney in
the | 20 | | performance of his duties. In counties of the first and second | 21 | | class, the fees for service of subpoenas and summonses are | 22 | | allowed by this Section and shall be consistent with those set | 23 | | forth in Section 4-5001 of this Act, except when increased by | 24 | | county ordinance as provided for in Section 4-5001. In counties | 25 | | of the third class, the fees for service of subpoenas and | 26 | | summonses are allowed by this Section and shall be consistent |
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| 1 | | with those set forth in Section 4-12001 of this Act. A special | 2 | | investigator shall not carry
firearms except with permission of | 3 | | the State's Attorney and only while
carrying appropriate | 4 | | identification indicating his employment and in the
| 5 | | performance of his assigned duties.
| 6 | | Subject to the qualifications set forth in this subsection, | 7 | | special
investigators shall be peace officers and shall have | 8 | | all the powers possessed
by investigators under the State's | 9 | | Attorneys Appellate Prosecutor's Act.
| 10 | | No special investigator employed by the State's Attorney | 11 | | shall have peace
officer status or exercise police powers | 12 | | unless he or she successfully
completes the basic police | 13 | | training course mandated and approved by the
Illinois Law | 14 | | Enforcement Training Standards Board or such
board waives the | 15 | | training requirement by reason of the special
investigator's | 16 | | prior law enforcement experience or training or both. Any
| 17 | | State's Attorney appointing a special investigator shall | 18 | | consult with all
affected local police agencies, to the extent | 19 | | consistent with the public
interest, if the special | 20 | | investigator is assigned to areas within that
agency's | 21 | | jurisdiction.
| 22 | | Before a person is appointed as a special investigator, his
| 23 | | fingerprints shall be taken and transmitted to the Department | 24 | | of State
Police. The Department shall examine its records and | 25 | | submit to the State's
Attorney of the county in which the | 26 | | investigator seeks appointment any
conviction information |
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| 1 | | concerning the person on file with the Department.
No person | 2 | | shall be appointed as a special investigator if he has been
| 3 | | convicted of a felony or other offense involving moral | 4 | | turpitude. A
special investigator shall be paid a salary and be | 5 | | reimbursed for actual
expenses incurred in performing his | 6 | | assigned duties. The county board
shall approve the salary and | 7 | | actual expenses and appropriate the salary
and expenses in the | 8 | | manner prescribed by law or ordinance.
| 9 | | (c) The State's
Attorney may request and receive from | 10 | | employers, labor unions, telephone
companies, and utility | 11 | | companies
location information concerning putative fathers and | 12 | | noncustodial parents for
the purpose of establishing a child's | 13 | | paternity or establishing, enforcing, or
modifying a child | 14 | | support obligation. In this subsection, "location
information"
| 15 | | means information about (i) the physical whereabouts of a | 16 | | putative father or
noncustodial parent, (ii) the putative | 17 | | father or noncustodial parent's
employer, or
(iii) the salary, | 18 | | wages, and other
compensation paid and the health insurance | 19 | | coverage provided to the putative
father or noncustodial parent | 20 | | by the employer of the putative father or
noncustodial parent
| 21 | | or by a labor union of which the putative father or | 22 | | noncustodial parent is a
member.
| 23 | | (d) For each State fiscal year, the
State's Attorney of | 24 | | Cook County shall appear before the General Assembly and
| 25 | | request appropriations to be made from the Capital Litigation | 26 | | Trust and Death Penalty Abolition Fund to the
State Treasurer |
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| 1 | | for the purpose of providing assistance in the prosecution of
| 2 | | capital cases in Cook County and for the purpose of providing | 3 | | assistance to the State in post-conviction proceedings in | 4 | | capital cases under Article 122 of the Code of Criminal | 5 | | Procedure of 1963 and in relation to petitions filed under | 6 | | Section 2-1401 of the Code of Civil Procedure in relation to | 7 | | capital cases. The State's Attorney may appear before the
| 8 | | General Assembly at other times during the State's fiscal year | 9 | | to request
supplemental appropriations from the Trust Fund to | 10 | | the State Treasurer.
| 11 | | (e) The State's Attorney shall have the authority to enter | 12 | | into a written
agreement with the Department of Revenue for | 13 | | pursuit of civil
liability under subsection (E) of Section 17-1 | 14 | | of the Criminal Code of 2012 against persons who
have issued to | 15 | | the Department checks or other orders in violation of the
| 16 | | provisions of paragraph (1) of subsection (B) of Section 17-1 | 17 | | of the Criminal
Code of 2012, with the Department to retain the | 18 | | amount owing upon the
dishonored check or order along with the | 19 | | dishonored check fee imposed under the
Uniform Penalty and | 20 | | Interest Act, with the balance of damages, fees, and costs
| 21 | | collected under subsection (E) of Section 17-1 of the Criminal | 22 | | Code of 2012 or under Section 17-1a of that Code to be retained | 23 | | by
the State's Attorney. The agreement shall not affect the | 24 | | allocation of fines
and costs imposed in any criminal | 25 | | prosecution.
| 26 | | (Source: P.A. 99-169, eff. 7-28-15; 99-642, eff. 7-28-16.)
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| 1 | | Section 110. The Criminal Code of 2012 is amended by | 2 | | changing Section 9-1 as follows: | 3 | | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | 4 | | Sec. 9-1. First degree murder; death penalties; | 5 | | exceptions; separate
hearings; proof; findings; appellate | 6 | | procedures; reversals.
| 7 | | (a) A person who kills an individual without lawful | 8 | | justification commits
first degree murder if, in performing the | 9 | | acts which cause the death:
| 10 | | (1) he either intends to kill or do great bodily harm | 11 | | to that
individual or another, or knows that such acts will | 12 | | cause death to that
individual or another; or
| 13 | | (2) he knows that such acts create a strong probability | 14 | | of death or
great bodily harm to that individual or | 15 | | another; or
| 16 | | (3) he is attempting or committing a forcible felony | 17 | | other than
second degree murder.
| 18 | | (a-5) Aggravating factors; death. A defendant who at the | 19 | | time of the
commission of the offense has attained the age of | 20 | | 18 or more and who has
been found guilty of first degree murder | 21 | | may be sentenced to death if: | 22 | | (1) the defendant has been convicted of murdering 2 or | 23 | | more
individuals by use of a firearm under subsection (a) | 24 | | of this Section and the deaths
occurred as the result of |
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| 1 | | the same act; or | 2 | | (2) the defendant has been convicted of murdering an | 3 | | individual by use of a firearm under subsection (a) of this | 4 | | Section and one or more other individuals suffered bodily | 5 | | injury during the commission of the murder. | 6 | | (b) Aggravating factors; natural life imprisonment | 7 | | Factors . A defendant who at the time of the
commission of the | 8 | | offense has attained the age of 18 or more and who has
been | 9 | | found guilty of first degree murder may be sentenced to natural | 10 | | life imprisonment death if:
| 11 | | (1) the murdered individual was a peace officer or | 12 | | fireman killed in
the course of performing his official | 13 | | duties, to prevent the performance
of his official duties, | 14 | | or in retaliation for performing his official
duties, and | 15 | | the defendant knew or
should have known that the murdered | 16 | | individual was a peace officer or
fireman; or
| 17 | | (2) the murdered individual was an employee of an | 18 | | institution or
facility of the Department of Corrections, | 19 | | or any similar local
correctional agency, killed in the | 20 | | course of performing his official
duties, to prevent the | 21 | | performance of his official duties, or in
retaliation for | 22 | | performing his official duties, or the murdered
individual | 23 | | was an inmate at such institution or facility and was | 24 | | killed on the
grounds thereof, or the murdered individual | 25 | | was otherwise present in such
institution or facility with | 26 | | the knowledge and approval of the chief
administrative |
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| 1 | | officer thereof; or
| 2 | | (3) the defendant has been convicted of murdering two | 3 | | or more
individuals under subsection (a) of this Section or | 4 | | under any law of the
United States or of any state which is | 5 | | substantially similar to
subsection (a) of this Section | 6 | | regardless of whether the deaths
occurred as the result of | 7 | | the same act or of several related or
unrelated acts so | 8 | | long as the deaths were the result of either an intent
to | 9 | | kill more than one person or of separate acts which
the | 10 | | defendant knew would cause death or create a strong | 11 | | probability of
death or great bodily harm to the murdered | 12 | | individual or another; or
| 13 | | (4) the murdered individual was killed as a result of | 14 | | the
hijacking of an airplane, train, ship, bus or other | 15 | | public conveyance; or
| 16 | | (5) the defendant committed the murder pursuant to a | 17 | | contract,
agreement or understanding by which he was to | 18 | | receive money or anything
of value in return for committing | 19 | | the murder or procured another to
commit the murder for | 20 | | money or anything of value; or
| 21 | | (6) the murdered individual was killed in the course of | 22 | | another felony if:
| 23 | | (a) the murdered individual:
| 24 | | (i) was actually killed by the defendant, or
| 25 | | (ii) received physical injuries personally | 26 | | inflicted by the defendant
substantially |
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| 1 | | contemporaneously with physical injuries caused by | 2 | | one or
more persons for whose conduct the defendant | 3 | | is legally accountable under
Section 5-2 of this | 4 | | Code, and the physical injuries inflicted by | 5 | | either
the defendant or the other person or persons | 6 | | for whose conduct he is legally
accountable caused | 7 | | the death of the murdered individual; and
| 8 | | (b) in performing the acts which caused the death | 9 | | of the murdered
individual or which resulted in | 10 | | physical injuries personally inflicted by
the | 11 | | defendant on the murdered individual under the | 12 | | circumstances of
subdivision (ii) of subparagraph (a) | 13 | | of paragraph (6) of subsection (b) of
this Section, the | 14 | | defendant acted with the intent to kill the murdered
| 15 | | individual or with the knowledge that his acts created | 16 | | a strong probability
of death or great bodily harm to | 17 | | the murdered individual or another; and
| 18 | | (c) the other felony was an inherently violent | 19 | | crime
or the attempt to commit an inherently
violent | 20 | | crime.
In this subparagraph (c), "inherently violent | 21 | | crime" includes, but is not
limited to, armed robbery, | 22 | | robbery, predatory criminal sexual assault of a
child,
| 23 | | aggravated criminal sexual assault, aggravated | 24 | | kidnapping, aggravated vehicular
hijacking,
aggravated | 25 | | arson, aggravated stalking, residential burglary, and | 26 | | home
invasion; or
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| 1 | | (7) the murdered individual was under 12 years of age | 2 | | and the
death resulted from exceptionally brutal or heinous | 3 | | behavior indicative of
wanton cruelty; or
| 4 | | (8) the defendant committed the murder with intent to
| 5 | | prevent the murdered individual from testifying or | 6 | | participating in any
criminal investigation or prosecution
| 7 | | or giving material assistance to the State in any | 8 | | investigation or
prosecution, either against the defendant | 9 | | or another; or the defendant
committed the murder because | 10 | | the murdered individual was a witness in any
prosecution or | 11 | | gave material assistance to the State in any investigation
| 12 | | or prosecution, either against the defendant or another;
| 13 | | for purposes of this paragraph (8), "participating in any | 14 | | criminal
investigation
or prosecution" is intended to | 15 | | include those appearing in the proceedings in
any capacity | 16 | | such as trial judges, prosecutors, defense attorneys,
| 17 | | investigators, witnesses, or jurors; or
| 18 | | (9) the defendant, while committing an offense | 19 | | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | 20 | | 407 or 407.1 or subsection (b) of
Section
404 of the | 21 | | Illinois Controlled Substances Act, or while engaged in a
| 22 | | conspiracy or solicitation to commit such offense, | 23 | | intentionally killed an
individual or counseled, | 24 | | commanded, induced, procured or caused the
intentional | 25 | | killing of the murdered individual; or
| 26 | | (10) the defendant was incarcerated in an institution |
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| 1 | | or facility of
the Department of Corrections at the time of | 2 | | the murder, and while
committing an offense punishable as a | 3 | | felony under Illinois law, or while
engaged in a conspiracy | 4 | | or solicitation to commit such offense,
intentionally | 5 | | killed an individual or counseled, commanded, induced,
| 6 | | procured or caused the intentional killing of the murdered | 7 | | individual; or
| 8 | | (11) the murder was committed in a cold, calculated and | 9 | | premeditated
manner pursuant to a preconceived plan, | 10 | | scheme or design to take a human
life by unlawful means, | 11 | | and the conduct of the defendant created a
reasonable | 12 | | expectation that the death of a human being would result
| 13 | | therefrom; or
| 14 | | (12) the murdered individual was an emergency medical | 15 | | technician -
ambulance, emergency medical technician - | 16 | | intermediate, emergency medical
technician - paramedic, | 17 | | ambulance driver, or
other medical assistance or first aid | 18 | | personnel, employed by a municipality
or other | 19 | | governmental unit, killed in the course of performing his | 20 | | official
duties, to prevent the performance of his official | 21 | | duties, or in retaliation
for performing his official | 22 | | duties, and the defendant knew or should have
known that | 23 | | the murdered individual was an emergency medical | 24 | | technician -
ambulance, emergency medical technician - | 25 | | intermediate, emergency medical
technician - paramedic, | 26 | | ambulance driver, or
other medical assistance or first aid |
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| 1 | | personnel; or
| 2 | | (13) the defendant was a principal administrator, | 3 | | organizer, or leader
of a calculated criminal drug | 4 | | conspiracy consisting of a hierarchical position
of | 5 | | authority superior to that of all other members of the | 6 | | conspiracy, and the
defendant counseled, commanded, | 7 | | induced, procured, or caused the intentional
killing of the | 8 | | murdered person;
or
| 9 | | (14) the murder was intentional and involved the | 10 | | infliction of torture.
For
the purpose of this Section | 11 | | torture means the infliction of or subjection to
extreme | 12 | | physical pain, motivated by an intent to increase or | 13 | | prolong the pain,
suffering or agony of the victim; or
| 14 | | (15) the murder was committed as a result of the | 15 | | intentional discharge
of a firearm by the defendant from a | 16 | | motor vehicle and the victim was not
present within the | 17 | | motor vehicle; or
| 18 | | (16) the murdered individual was 60 years of age or | 19 | | older and the death
resulted
from exceptionally brutal or | 20 | | heinous behavior indicative of wanton cruelty; or
| 21 | | (17) the murdered individual was a person with a | 22 | | disability and the defendant knew
or
should have known that | 23 | | the murdered individual was a person with a disability. For | 24 | | purposes of
this paragraph (17), "person with a disability" | 25 | | means a person who suffers from a
permanent physical or | 26 | | mental impairment resulting from disease, an injury,
a |
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| 1 | | functional disorder, or a congenital condition that | 2 | | renders the person
incapable of
adequately providing for | 3 | | his or her own health or personal care; or
| 4 | | (18) the murder was committed by reason of any person's | 5 | | activity as a
community policing volunteer or to prevent | 6 | | any person from engaging in activity
as a community | 7 | | policing volunteer; or
| 8 | | (19) the murdered individual was subject to an order of | 9 | | protection and the
murder was committed by a person against | 10 | | whom the same order of protection was
issued under the | 11 | | Illinois Domestic Violence Act of 1986; or
| 12 | | (20) the murdered individual was known by the defendant | 13 | | to be a teacher or
other person employed in any school and | 14 | | the teacher or other employee is upon
the grounds of a | 15 | | school or grounds adjacent to a school, or is in any part | 16 | | of a
building used for school purposes; or
| 17 | | (21) the murder was committed by the defendant in | 18 | | connection with or as
a
result of the offense of terrorism | 19 | | as defined in Section 29D-14.9 of this
Code.
| 20 | | (b-5) Aggravating factors; natural life imprisonment; | 21 | | physician, physician assistant, psychologist, nurse, or | 22 | | advanced practice registered nurse Factor; Natural Life | 23 | | Imprisonment . A defendant who has been found guilty of first | 24 | | degree murder and who at the time of the commission of the | 25 | | offense had attained the age of 18 years or more may be | 26 | | sentenced to natural life imprisonment if
(i) the murdered |
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| 1 | | individual was a physician, physician assistant, psychologist, | 2 | | nurse, or advanced practice registered nurse, (ii) the | 3 | | defendant knew or should have
known that the murdered | 4 | | individual was a physician, physician assistant, psychologist, | 5 | | nurse, or advanced practice registered nurse, and (iii) the | 6 | | murdered individual was killed in the course of acting in his | 7 | | or her capacity as a physician, physician assistant, | 8 | | psychologist, nurse, or advanced practice registered nurse, or | 9 | | to prevent him or her from acting in that capacity, or in | 10 | | retaliation
for his or her acting in that capacity. | 11 | | (c) Consideration of factors in Aggravation and | 12 | | Mitigation.
| 13 | | The court shall consider, or shall instruct the jury to | 14 | | consider any
aggravating and any mitigating factors which are | 15 | | relevant to the
imposition of the death penalty. Aggravating | 16 | | factors may include but
need not be limited to those factors | 17 | | set forth in subsection (a-5) (b) .
Mitigating factors may | 18 | | include but need not be limited to the following:
| 19 | | (1) the defendant has no significant history of prior | 20 | | criminal
activity;
| 21 | | (2) the murder was committed while the defendant was | 22 | | under
the influence of extreme mental or emotional | 23 | | disturbance, although not such
as to constitute a defense | 24 | | to prosecution;
| 25 | | (3) the murdered individual was a participant in the
| 26 | | defendant's homicidal conduct or consented to the |
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| 1 | | homicidal act;
| 2 | | (4) the defendant acted under the compulsion of threat | 3 | | or
menace of the imminent infliction of death or great | 4 | | bodily harm;
| 5 | | (5) the defendant was not personally present during
| 6 | | commission of the act or acts causing death;
| 7 | | (6) the defendant's background includes a history of | 8 | | extreme emotional
or physical abuse;
| 9 | | (7) the defendant suffers from a reduced mental | 10 | | capacity.
| 11 | | Provided, however, that an action that does not otherwise | 12 | | mitigate first degree murder cannot qualify as a mitigating | 13 | | factor for first degree murder because of the discovery, | 14 | | knowledge, or disclosure of the victim's sexual orientation as | 15 | | defined in Section 1-103 of the Illinois Human Rights Act. | 16 | | (d) Separate sentencing hearing.
| 17 | | Where requested by the State, the court shall conduct a | 18 | | separate
sentencing proceeding to determine the existence of | 19 | | factors set forth in
subsection (a-5) (b) and to consider any | 20 | | aggravating or mitigating factors as
indicated in subsection | 21 | | (c). The proceeding shall be conducted:
| 22 | | (1) before the jury that determined the defendant's | 23 | | guilt; or
| 24 | | (2) before a jury impanelled for the purpose of the | 25 | | proceeding if:
| 26 | | A. the defendant was convicted upon a plea of |
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| 1 | | guilty; or
| 2 | | B. the defendant was convicted after a trial before | 3 | | the court
sitting without a jury; or
| 4 | | C. the court for good cause shown discharges the | 5 | | jury that
determined the defendant's guilt; or
| 6 | | (3) before the court alone if the defendant waives a | 7 | | jury
for the separate proceeding.
| 8 | | (e) Evidence and Argument.
| 9 | | During the proceeding any information relevant to any of | 10 | | the factors
set forth in subsection (a-5) (b) may be presented | 11 | | by either the State or the
defendant under the rules governing | 12 | | the admission of evidence at
criminal trials. Any information | 13 | | relevant to any additional aggravating
factors or any | 14 | | mitigating factors indicated in subsection (c) may be
presented | 15 | | by the State or defendant regardless of its admissibility
under | 16 | | the rules governing the admission of evidence at criminal | 17 | | trials.
The State and the defendant shall be given fair | 18 | | opportunity to rebut any
information received at the hearing.
| 19 | | (f) Proof.
| 20 | | The burden of proof of establishing the existence of any of | 21 | | the
factors set forth in subsection (b) is on the State and | 22 | | shall not be
satisfied unless established beyond a reasonable | 23 | | doubt.
| 24 | | (g) Procedure - Jury.
| 25 | | If at the separate sentencing proceeding the jury finds | 26 | | that none of
the factors set forth in subsection (a-5) (b) |
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| 1 | | exists, the court shall sentence
the defendant to a term of | 2 | | imprisonment under Chapter V of the Unified
Code of | 3 | | Corrections. If there is a unanimous finding by the jury that
| 4 | | one or more of the factors set forth in subsection (a-5) (b) | 5 | | exist, the jury
shall consider aggravating and mitigating | 6 | | factors as instructed by the
court and shall determine whether | 7 | | the sentence of death shall be
imposed. If the jury determines | 8 | | unanimously, after weighing the factors in
aggravation and | 9 | | mitigation, that death is the appropriate sentence, the court | 10 | | shall sentence the defendant to death.
If the court does not | 11 | | concur with the jury determination that death is the
| 12 | | appropriate sentence, the court shall set forth reasons in | 13 | | writing
including what facts or circumstances the court relied | 14 | | upon,
along with any relevant
documents, that compelled the | 15 | | court to non-concur with the sentence. This
document and any | 16 | | attachments shall be part of the record for appellate
review. | 17 | | The court shall be bound by the jury's sentencing | 18 | | determination.
| 19 | | If after weighing the factors in aggravation and | 20 | | mitigation, one or more
jurors determines that death is not the | 21 | | appropriate sentence,
the
court shall sentence the defendant to | 22 | | a term of imprisonment under
Chapter V of the Unified Code of | 23 | | Corrections.
| 24 | | (h) Procedure - No Jury.
| 25 | | In a proceeding before the court alone, if the court finds | 26 | | that none
of the factors found in subsection (a-5) (b) exists, |
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| 1 | | the court shall sentence
the defendant to a term of | 2 | | imprisonment under Chapter V of the Unified
Code of | 3 | | Corrections.
| 4 | | If the Court determines that one or more of the factors set | 5 | | forth in
subsection (a-5) (b) exists, the Court shall consider | 6 | | any aggravating and
mitigating factors as indicated in | 7 | | subsection (c). If the Court
determines, after weighing the | 8 | | factors in aggravation and mitigation, that
death is the | 9 | | appropriate sentence, the Court shall sentence the
defendant to | 10 | | death.
| 11 | | If
the court finds that death is not the
appropriate | 12 | | sentence, the
court shall sentence the defendant to a term of | 13 | | imprisonment under
Chapter V of the Unified Code of | 14 | | Corrections.
| 15 | | (h-5) Decertification as a capital case.
| 16 | | In a case in which the defendant has been found guilty of | 17 | | first degree murder
by a judge or jury, or a case on remand for | 18 | | resentencing, and the State seeks
the death penalty as an | 19 | | appropriate
sentence,
on the court's own motion or the written | 20 | | motion of the defendant, the court
may decertify the case as a | 21 | | death penalty case if the court finds that the only
evidence | 22 | | supporting the defendant's conviction is the uncorroborated | 23 | | testimony
of an informant witness, as defined in Section 115-21 | 24 | | of the Code of Criminal
Procedure of 1963, concerning the | 25 | | confession or admission of the defendant or
that the sole | 26 | | evidence against the defendant is a single eyewitness or single
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| 1 | | accomplice without any other corroborating evidence.
If the | 2 | | court decertifies the case as a capital case
under either of | 3 | | the grounds set forth above, the court shall issue a
written | 4 | | finding. The State may pursue its right to appeal the | 5 | | decertification
pursuant to Supreme Court Rule 604(a)(1). If | 6 | | the court does not
decertify the case as a capital case, the | 7 | | matter shall proceed to the
eligibility phase of the sentencing | 8 | | hearing.
| 9 | | (i) Appellate Procedure.
| 10 | | The conviction and sentence of death shall be subject to | 11 | | automatic
review by the Supreme Court. Such review shall be in | 12 | | accordance with
rules promulgated by the Supreme Court.
The | 13 | | Illinois Supreme Court may overturn the death sentence, and | 14 | | order the
imposition of imprisonment under Chapter V of the | 15 | | Unified Code of
Corrections if the court finds that the death | 16 | | sentence is fundamentally
unjust as applied to the particular | 17 | | case.
If the Illinois Supreme Court finds that the
death | 18 | | sentence is fundamentally unjust as applied to the particular | 19 | | case,
independent of any procedural grounds for relief, the | 20 | | Illinois Supreme Court
shall issue a written opinion explaining | 21 | | this finding.
| 22 | | (j) Disposition of reversed death sentence.
| 23 | | In the event that the death penalty in this Act is held to | 24 | | be
unconstitutional by the Supreme Court of the United States | 25 | | or of the
State of Illinois, any person convicted of first | 26 | | degree murder shall be
sentenced by the court to a term of |
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| 1 | | imprisonment under Chapter V of the
Unified Code of | 2 | | Corrections.
| 3 | | In the event that any death sentence pursuant to the | 4 | | sentencing
provisions of this Section is declared | 5 | | unconstitutional by the Supreme
Court of the United States or | 6 | | of the State of Illinois, the court having
jurisdiction over a | 7 | | person previously sentenced to death shall cause the
defendant | 8 | | to be brought before the court, and the court shall sentence
| 9 | | the defendant to a term of imprisonment under Chapter V of the
| 10 | | Unified Code of Corrections.
| 11 | | (k) Guidelines for seeking the death penalty.
| 12 | | The Attorney General and
State's Attorneys Association | 13 | | shall consult on voluntary guidelines for
procedures governing | 14 | | whether or not to seek the death penalty. The guidelines
do not
| 15 | | have the force of law and are only advisory in nature.
| 16 | | (Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18; | 17 | | 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
| 18 | | Section 115. The Code of Criminal Procedure of 1963 is | 19 | | amended by changing Sections 113-3 and 119-1 as follows:
| 20 | | (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
| 21 | | Sec. 113-3.
(a) Every person charged with an offense shall | 22 | | be
allowed counsel before pleading to the charge. If the | 23 | | defendant desires
counsel and has been unable to obtain same | 24 | | before arraignment the court
shall recess court or continue the |
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| 1 | | cause for a reasonable time to permit
defendant to obtain | 2 | | counsel and consult with him before pleading to the
charge. If | 3 | | the accused is a dissolved corporation, and is not represented
| 4 | | by counsel, the court may, in the interest of justice, appoint | 5 | | as counsel a
licensed attorney of this State.
| 6 | | (b) In all cases, except where
the penalty is a fine only, | 7 | | if the
court determines that the defendant is indigent and | 8 | | desires counsel, the
Public Defender shall be appointed as | 9 | | counsel. If there is no Public
Defender in the county or if the | 10 | | defendant requests counsel other than
the Public Defender and | 11 | | the court finds that the rights of the defendant
will be | 12 | | prejudiced by the appointment of the Public Defender, the court
| 13 | | shall appoint as counsel a licensed attorney at law of this | 14 | | State,
except that in a county having a population of 2,000,000 | 15 | | or
more the
Public Defender shall be appointed as counsel in | 16 | | all misdemeanor cases
where the defendant is indigent and | 17 | | desires counsel unless the case
involves multiple defendants, | 18 | | in which case the court may appoint
counsel other than the | 19 | | Public Defender for the additional defendants.
The court shall | 20 | | require an affidavit signed by any defendant who
requests | 21 | | court-appointed counsel. Such affidavit shall be in the form
| 22 | | established by the Supreme Court containing
sufficient | 23 | | information to ascertain the assets and liabilities of that
| 24 | | defendant. The Court may direct the Clerk of the Circuit Court | 25 | | to
assist the defendant in the completion of the affidavit. Any | 26 | | person who
knowingly files such affidavit containing false |
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| 1 | | information concerning
his assets and liabilities shall be | 2 | | liable to the county where the
case, in which such false | 3 | | affidavit is filed, is pending for the
reasonable value of the | 4 | | services rendered by the public defender or
other | 5 | | court-appointed counsel in the case to the extent that such
| 6 | | services were unjustly or falsely procured.
| 7 | | (c) Upon the filing with the court of a verified statement | 8 | | of
services rendered the court shall order the county treasurer | 9 | | of the
county of trial to pay counsel other than the Public | 10 | | Defender a reasonable fee.
The court shall consider all | 11 | | relevant circumstances, including but not limited
to the time | 12 | | spent while court is in session, other time spent in | 13 | | representing
the defendant, and expenses reasonably incurred | 14 | | by counsel. In counties
with a population greater than | 15 | | 2,000,000,
the court shall order the county
treasurer of the | 16 | | county of trial to pay counsel other than the Public Defender
a | 17 | | reasonable fee stated in the order and based upon a rate of | 18 | | compensation
of not more than $40 for each hour spent while | 19 | | court is in session and
not more than $30 for each hour | 20 | | otherwise spent representing a
defendant, and such | 21 | | compensation shall not exceed $150 for each
defendant | 22 | | represented in misdemeanor cases and $1250 in felony cases, in
| 23 | | addition to expenses reasonably incurred as hereinafter in this | 24 | | Section
provided, except that, in extraordinary circumstances, | 25 | | payment in excess
of the limits herein stated may be made if | 26 | | the trial court certifies
that such payment is necessary to |
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| 1 | | provide fair compensation for
protracted representation. A | 2 | | trial court may entertain the filing of this
verified statement | 3 | | before the termination of the cause, and may order the
| 4 | | provisional payment of sums during the pendency of the cause.
| 5 | | (d) In capital cases, in addition to counsel, if the court
| 6 | | determines that the defendant is indigent the court may, upon | 7 | | the filing
with the court of a verified statement of services | 8 | | rendered, order the
county Treasurer of the county of trial to | 9 | | pay necessary expert
witnesses for defendant reasonable | 10 | | compensation stated in the order not
to exceed $250 for each | 11 | | defendant.
| 12 | | (e) If the court in any county having a population greater | 13 | | than
2,000,000 determines that the defendant is indigent the | 14 | | court
may, upon the filing with the court of a verified | 15 | | statement of such expenses,
order the county treasurer of the | 16 | | county of trial, in such counties
having a population greater | 17 | | than 2,000,000 to pay the general
expenses of the trial | 18 | | incurred by the defendant not to exceed $50 for each
defendant.
| 19 | | (f) The provisions of this Section relating to appointment | 20 | | of counsel,
compensation of counsel, and payment of expenses
in | 21 | | capital cases apply except when the compensation and expenses | 22 | | are being
provided under the Capital Crimes Litigation Act of | 23 | | 2019 .
| 24 | | (Source: P.A. 91-589, eff. 1-1-00.)
| 25 | | (725 ILCS 5/119-1) |
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| 1 | | Sec. 119-1. Death penalty abolished. | 2 | | (a) Beginning on the effective date of this amendatory Act | 3 | | of the 96th General Assembly, notwithstanding any other law to | 4 | | the contrary, the death penalty is abolished and a sentence to | 5 | | death may not be imposed. | 6 | | (a-5) Notwithstanding subsection (a), beginning on the | 7 | | effective date of this amendatory Act of the 101st General | 8 | | Assembly, the death penalty may be imposed as provided in | 9 | | subsection (a-5) of Section 9-1 of the Criminal Code of 2012. | 10 | | (b) All unobligated and unexpended moneys remaining in the | 11 | | Capital Litigation Trust Fund on the effective date of this | 12 | | amendatory Act of the 96th General Assembly shall be | 13 | | transferred into the Capital Litigation Trust and Death Penalty | 14 | | Abolition Fund, a special fund in the State treasury, to be | 15 | | expended by the Illinois Criminal Justice Information | 16 | | Authority, for services for families of victims of homicide or | 17 | | murder and for training of law enforcement personnel and for | 18 | | expenses authorized by the Capital Crimes Litigation Act of | 19 | | 2019 .
| 20 | | (Source: P.A. 96-1543, eff. 7-1-11 .) | 21 | | Section 120. The State Appellate Defender Act is amended by | 22 | | changing Section 10 as follows:
| 23 | | (725 ILCS 105/10) (from Ch. 38, par. 208-10)
| 24 | | Sec. 10. Powers and duties of State Appellate Defender.
|
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| 1 | | (a) The State Appellate Defender shall represent indigent | 2 | | persons on
appeal in criminal and delinquent minor proceedings, | 3 | | when appointed to do so by
a court under a Supreme Court Rule | 4 | | or law of this State.
| 5 | | (b) The State Appellate Defender shall submit a budget for | 6 | | the
approval of the State Appellate Defender Commission.
| 7 | | (c) The State Appellate Defender may:
| 8 | | (1) maintain a panel of private attorneys available to | 9 | | serve as
counsel on a case basis;
| 10 | | (2) establish programs, alone or in conjunction with | 11 | | law schools,
for the purpose of utilizing volunteer law | 12 | | students as legal assistants;
| 13 | | (3) cooperate and consult with state agencies, | 14 | | professional
associations, and other groups concerning the | 15 | | causes of criminal
conduct, the rehabilitation and | 16 | | correction of persons charged with and
convicted of crime, | 17 | | the administration of criminal justice, and, in
counties of | 18 | | less than 1,000,000 population, study, design, develop and
| 19 | | implement model systems for the delivery of trial level | 20 | | defender
services, and make an annual report to the General | 21 | | Assembly;
| 22 | | (4) hire investigators to provide investigative | 23 | | services to appointed counsel and county
public defenders;
| 24 | | (5) (blank);
| 25 | | (5.1) in cases in which a death sentence is an | 26 | | authorized disposition,
provide trial counsel with legal |
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| 1 | | assistance and the assistance of expert witnesses, | 2 | | investigators,
and mitigation specialists from funds | 3 | | appropriated to the State Appellate
Defender specifically | 4 | | for that
purpose by the General Assembly. The Office of the | 5 | | State Appellate Defender shall
not be appointed to serve as | 6 | | trial counsel in capital cases; | 7 | | (5.5) provide training to county public defenders; | 8 | | (5.7) provide county public defenders with the | 9 | | assistance of expert witnesses and investigators from | 10 | | funds appropriated to the State Appellate Defender | 11 | | specifically for that purpose by the General Assembly. The | 12 | | Office of the State Appellate Defender shall not be | 13 | | appointed to act as trial counsel; | 14 | | (6) develop a Juvenile Defender Resource Center to:
(i) | 15 | | study, design, develop, and implement model systems for the | 16 | | delivery of trial level defender services for juveniles in | 17 | | the justice system; (ii) in cases in which a sentence of | 18 | | incarceration or an adult sentence, or both, is an | 19 | | authorized disposition, provide trial counsel with legal | 20 | | advice and the assistance of expert witnesses and | 21 | | investigators from funds appropriated to the Office of the | 22 | | State Appellate Defender by the General Assembly | 23 | | specifically for that purpose; (iii) develop and provide | 24 | | training to public defenders on juvenile justice issues, | 25 | | utilizing resources including the State and local bar | 26 | | associations, the Illinois Public Defender Association, |
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| 1 | | law schools, the Midwest Juvenile Defender Center, and pro | 2 | | bono efforts by law firms; and
(iv) make an annual report | 3 | | to the General Assembly. | 4 | | (d) (Blank).
| 5 | | (e) The requirement for reporting to the General Assembly | 6 | | shall be
satisfied
by filing copies of the report as required | 7 | | by Section 3.1 of the General Assembly Organization
Act and | 8 | | filing such additional copies with the State Government Report
| 9 | | Distribution Center for
the General Assembly as is required | 10 | | under paragraph (t) of Section 7 of the
State Library Act.
| 11 | | (Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)".
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