101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2992

 

Introduced 2/5/2020, by Sen. Brian W. Stewart

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7.5
720 ILCS 5/9-1  from Ch. 38, par. 9-1
725 ILCS 5/113-3  from Ch. 38, par. 113-3
725 ILCS 5/119-1
725 ILCS 105/10  from Ch. 38, par. 208-10

    Amends the Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2020. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases.


LRB101 20102 RLC 69635 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2992LRB101 20102 RLC 69635 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Capital Crimes Litigation Act of 2020.
 
6    Section 5. Appointment of trial counsel in death penalty
7cases. If an indigent defendant is charged with an offense for
8which a sentence of death is authorized, and the State's
9Attorney has not, at or before arraignment, filed a certificate
10indicating he or she will not seek the death penalty or stated
11on the record in open court that the death penalty will not be
12sought, the trial court shall immediately appoint the Public
13Defender, or any other qualified attorney or attorneys as the
14Illinois Supreme Court shall by rule provide, to represent the
15defendant as trial counsel. If the Public Defender is
16appointed, he or she shall immediately assign the attorney or
17attorneys who are public defenders to represent the defendant.
18The counsel shall meet the qualifications as the Supreme Court
19shall by rule provide. At the request of court appointed
20counsel in a case in which the death penalty is sought,
21attorneys employed by the State Appellate Defender may enter an
22appearance for the limited purpose of assisting counsel
23appointed under this Section.
 

 

 

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1    Section 10. Court appointed trial counsel; compensation
2and expenses.
3    (a) This Section applies only to compensation and expenses
4of trial counsel appointed by the court as set forth in Section
55, other than public defenders, for the period after
6arraignment and so long as the State's Attorney has not, at any
7time, filed a certificate indicating he or she will not seek
8the death penalty or stated on the record in open court that
9the death penalty will not be sought.
10    (a-5) Litigation budget.
11        (1) In a case in which the State has filed a statement
12    of intent to seek the death penalty, the court shall
13    require appointed counsel, including those appointed in
14    Cook County, after counsel has had adequate time to review
15    the case and prior to engaging trial assistance, to submit
16    a proposed estimated litigation budget for court approval,
17    that will be subject to modification in light of facts and
18    developments that emerge as the case proceeds. Case budgets
19    should be submitted ex parte and filed and maintained under
20    seal in order to protect the defendant's right to effective
21    assistance of counsel, right not to incriminate him or
22    herself and all applicable privileges. Case budgets shall
23    be reviewed and approved by the judge assigned to try the
24    case. As provided under subsection (c) of this Section,
25    petitions for compensation shall be reviewed by both the

 

 

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1    trial judge and the presiding judge or the presiding
2    judge's designee.
3        (2) The litigation budget shall serve purposes
4    comparable to those of private retainer agreements by
5    confirming both the court's and the attorney's
6    expectations regarding fees and expenses. Consideration
7    should be given to employing an ex parte pretrial
8    conference in order to facilitate reaching agreement on a
9    litigation budget at the earliest opportunity.
10        (3) The budget shall be incorporated into a sealed
11    initial pretrial order that reflects the understandings of
12    the court and counsel regarding all matters affecting
13    counsel compensation and reimbursement and payments for
14    investigative, expert and other services, including, but
15    not limited to, the following matters:
16            (A) the hourly rate at which counsel will be
17        compensated;
18            (B) the hourly rate at which private
19        investigators, other than investigators employed by
20        the Office of the State Appellate Defender, will be
21        compensated; and
22            (C) the best preliminary estimate that can be made
23        of the cost of all services, including, but not limited
24        to, counsel, expert, and investigative services that
25        are likely to be needed through the guilt and penalty
26        phases of the trial. The court shall have discretion to

 

 

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1        require that budgets be prepared for shorter intervals
2        of time.
3        (4) Appointed counsel may obtain, subject to later
4    review, investigative, expert, or other services without
5    prior authorization if necessary for an adequate defense.
6    If the services are obtained, the presiding judge or the
7    presiding judge's designee shall consider in an ex parte
8    proceeding that timely procurement of necessary services
9    could not await prior authorization. If an ex parte hearing
10    is requested by defense counsel or deemed necessary by the
11    trial judge prior to modifying a budget, the ex parte
12    hearing shall be before the presiding judge or the
13    presiding judge's designee. The judge may then authorize
14    the services nunc pro tunc. If the presiding judge or the
15    presiding judge's designee finds that the services were not
16    reasonable, payment may be denied.
17        (5) An approved budget shall guide counsel's use of
18    time and resources by indicating the services for which
19    compensation is authorized. The case budget shall be
20    re-evaluated when justified by changed or unexpected
21    circumstances and shall be modified by the court when
22    reasonable and necessary for an adequate defense. If an ex
23    parte hearing is requested by defense counsel or deemed
24    necessary by the trial judge prior to modifying a budget,
25    the ex parte hearing shall be before the presiding judge or
26    the presiding judge's designee.

 

 

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1    (b) Appointed trial counsel shall be compensated upon
2presentment and certification by the circuit court of a claim
3for services detailing the date, activity, and time duration
4for which compensation is sought. Compensation for appointed
5trial counsel may be paid at a reasonable rate not to exceed
6$125 per hour. The court shall not authorize payment of bills
7that are not properly itemized. A request for payment shall be
8presented under seal and reviewed ex parte with a court
9reporter present. Every January 20, the statutory rate
10prescribed in this subsection shall be automatically increased
11or decreased, as applicable, by a percentage equal to the
12percentage change in the consumer price index-u during the
13preceding 12-month calendar year. "Consumer price index-u"
14means the index published by the Bureau of Labor Statistics of
15the United States Department of Labor that measures the average
16change in prices of goods and services purchased by all urban
17consumers, United States city average, all items, 1982-84=100.
18The new rate resulting from each annual adjustment shall be
19determined by the State Treasurer and made available to the
20chief judge of each judicial circuit.
21    (c) Appointed trial counsel may also petition the court for
22certification of expenses for reasonable and necessary capital
23litigation expenses including, but not limited to,
24investigatory and other assistance, expert, forensic, and
25other witnesses, and mitigation specialists. Each provider of
26proposed services must specify the best preliminary estimate

 

 

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1that can be made in light of information received in the case
2at that point, and the provider must sign this estimate under
3the provisions of Section 1-109 of the Code of Civil Procedure.
4A provider of proposed services must also specify: (1) his or
5her hourly rate; (2) the hourly rate of anyone else in his or
6her employ for whom reimbursement is sought; and (3) the hourly
7rate of any person or entity that may be subcontracted to
8perform these services. Counsel may not petition for
9certification of expenses that may have been provided or
10compensated by the State Appellate Defender under item (c)(5.1)
11of Section 10 of the State Appellate Defender Act. The
12petitions shall be filed under seal and considered ex parte but
13with a court reporter present for all ex parte conferences. If
14the requests are submitted after services have been rendered,
15the requests shall be supported by an invoice describing the
16services rendered, the dates the services were performed and
17the amount of time spent. These petitions shall be reviewed by
18both the trial judge and the presiding judge of the circuit
19court or the presiding judge's designee. The petitions and
20orders shall be kept under seal and shall be exempt from
21Freedom of Information requests until the conclusion of the
22trial, even if the prosecution chooses not to pursue the death
23penalty prior to trial or sentencing. If an ex parte hearing is
24requested by defense counsel or deemed necessary by the trial
25judge, the hearing shall be before the presiding judge or the
26presiding judge's designee.

 

 

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1    (d) Appointed trial counsel shall petition the court for
2certification of compensation and expenses under this Section
3periodically during the course of counsel's representation.
4The petitions shall be supported by itemized bills showing the
5date, the amount of time spent, the work done, and the total
6being charged for each entry. The court shall not authorize
7payment of bills that are not properly itemized. The court must
8certify reasonable and necessary expenses of the petitioner for
9travel and per diem (lodging, meals, and incidental expenses).
10These expenses must be paid at the rate as promulgated by the
11United States General Services Administration for these
12expenses for the date and location in which they were incurred,
13unless extraordinary reasons are shown for the difference. The
14petitions shall be filed under seal and considered ex parte but
15with a court reporter present for all ex parte conferences. The
16petitions shall be reviewed by both the trial judge and the
17presiding judge of the circuit court or the presiding judge's
18designee. If an ex parte hearing is requested by defense
19counsel or deemed necessary by the trial judge, the ex parte
20hearing shall be before the presiding judge or the presiding
21judge's designee. If the court determines that the compensation
22and expenses should be paid from the Capital Litigation Trust
23Fund, the court shall certify, on a form created by the State
24Treasurer, that all or a designated portion of the amount
25requested is reasonable, necessary, and appropriate for
26payment from the Trust Fund. The form must also be signed by

 

 

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1lead trial counsel under the provisions of Section 1-109 of the
2Code of Civil Procedure verifying that the amount requested is
3reasonable, necessary, and appropriate. Bills submitted for
4payment by any individual or entity seeking payment from the
5Capital Litigation Trust Fund must also be accompanied by a
6form created by the State Treasurer and signed by the
7individual or responsible agent of the entity under the
8provisions of Section 1-109 of the Code of Civil Procedure that
9the amount requested is accurate and truthful and reflects time
10spent or expenses incurred. Certification of compensation and
11expenses by a court in any county other than Cook County shall
12be delivered by the court to the State Treasurer and must be
13paid by the State Treasurer directly from the Capital
14Litigation Trust Fund if there are sufficient moneys in the
15Trust Fund to pay the compensation and expenses. If the State
16Treasurer finds within 14 days of his or her receipt of a
17certification that the compensation and expenses to be paid are
18unreasonable, unnecessary, or inappropriate, he or she may
19return the certification to the court setting forth in detail
20the objection or objections with a request for the court to
21review the objection or objections before resubmitting the
22certification. The State Treasurer must send the claimant a
23copy of the objection or objections. The State Treasurer may
24only seek a review of a specific objection once. The claimant
25has 7 days from his or her receipt of the objections to file a
26response with the court. With or without further hearing, the

 

 

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1court must promptly rule on the objections. The petitions and
2orders shall be kept under seal and shall be exempt from
3Freedom of Information requests until the conclusion of the
4trial and appeal of the case, even if the prosecution chooses
5not to pursue the death penalty prior to trial or sentencing.
6Certification of compensation and expenses by a court in Cook
7County shall be delivered by the court to the county treasurer
8and paid by the county treasurer from moneys granted to the
9county from the Capital Litigation Trust Fund.
 
10    Section 15. Capital Litigation Trust Fund.
11    (a) The Capital Litigation Trust Fund is created as a
12special fund in the State Treasury. The Trust Fund shall be
13administered by the State Treasurer to provide moneys for the
14appropriations to be made, grants to be awarded, and
15compensation and expenses to be paid under this Act. All
16interest earned from the investment or deposit of moneys
17accumulated in the Trust Fund shall, under Section 4.1 of the
18State Finance Act, be deposited into the Trust Fund.
19    (b) Moneys deposited into the Trust Fund shall not be
20considered general revenue of the State of Illinois.
21    (c) Moneys deposited into the Trust Fund shall be used
22exclusively for the purposes of providing funding for the
23prosecution and defense of capital cases and for providing
24funding for post-conviction proceedings in capital cases under
25Article 122 of the Code of Criminal Procedure of 1963 and in

 

 

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1relation to petitions filed under Section 2-1401 of the Code of
2Civil Procedure in relation to capital cases as provided in
3this Act and shall not be appropriated, loaned, or in any
4manner transferred to the General Revenue Fund of the State of
5Illinois.
6    (d) Every fiscal year the State Treasurer shall transfer
7from the General Revenue Fund to the Capital Litigation Trust
8Fund an amount equal to the full amount of moneys appropriated
9by the General Assembly (both by original and supplemental
10appropriation), less any unexpended balance from the previous
11fiscal year, from the Capital Litigation Trust Fund for the
12specific purpose of making funding available for the
13prosecution and defense of capital cases and for the litigation
14expenses associated with post-conviction proceedings in
15capital cases under Article 122 of the Code of Criminal
16Procedure of 1963 and in relation to petitions filed under
17Section 2-1401 of the Code of Civil Procedure in relation to
18capital cases. The Public Defender and State's Attorney in Cook
19County, the State Appellate Defender, the State's Attorneys
20Appellate Prosecutor, and the Attorney General shall make
21annual requests for appropriations from the Trust Fund.
22        (1) The Public Defender in Cook County shall request
23    appropriations to the State Treasurer for expenses
24    incurred by the Public Defender and for funding for private
25    appointed defense counsel in Cook County.
26        (2) The State's Attorney in Cook County shall request

 

 

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1    an appropriation to the State Treasurer for expenses
2    incurred by the State's Attorney.
3        (3) The State Appellate Defender shall request a direct
4    appropriation from the Trust Fund for expenses incurred by
5    the State Appellate Defender in providing assistance to
6    trial attorneys under item (c)(5.1) of Section 10 of the
7    State Appellate Defender Act and for expenses incurred by
8    the State Appellate Defender in representing petitioners
9    in capital cases in post-conviction proceedings under
10    Article 122 of the Code of Criminal Procedure of 1963 and
11    in relation to petitions filed under Section 2-1401 of the
12    Code of Civil Procedure in relation to capital cases and
13    for the representation of those petitioners by attorneys
14    approved by or contracted with the State Appellate Defender
15    and an appropriation to the State Treasurer for payments
16    from the Trust Fund for the defense of cases in counties
17    other than Cook County.
18        (4) The State's Attorneys Appellate Prosecutor shall
19    request a direct appropriation from the Trust Fund to pay
20    expenses incurred by the State's Attorneys Appellate
21    Prosecutor and an appropriation to the State Treasurer for
22    payments from the Trust Fund for expenses incurred by
23    State's Attorneys in counties other than Cook County.
24        (5) The Attorney General shall request a direct
25    appropriation from the Trust Fund to pay expenses incurred
26    by the Attorney General in assisting the State's Attorneys

 

 

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1    in counties other than Cook County and to pay for expenses
2    incurred by the Attorney General when the Attorney General
3    is ordered by the presiding judge of the Criminal Division
4    of the Circuit Court of Cook County to prosecute or
5    supervise the prosecution of Cook County cases and for
6    expenses incurred by the Attorney General in representing
7    the State in post-conviction proceedings in capital cases
8    under Article 122 of the Code of Criminal Procedure of 1963
9    and in relation to petitions filed under Section 2-1401 of
10    the Code of Civil Procedure in relation to capital cases.
11    The Public Defender and State's Attorney in Cook County,
12    the State Appellate Defender, the State's Attorneys
13    Appellate Prosecutor, and the Attorney General may each
14    request supplemental appropriations from the Trust Fund
15    during the fiscal year.
16    (e) Moneys in the Trust Fund shall be expended only as
17follows:
18        (1) To pay the State Treasurer's costs to administer
19    the Trust Fund. The amount for this purpose may not exceed
20    5% in any one fiscal year of the amount otherwise
21    appropriated from the Trust Fund in the same fiscal year.
22        (2) To pay the capital litigation expenses of trial
23    defense and post-conviction proceedings in capital cases
24    under Article 122 of the Code of Criminal Procedure of 1963
25    and in relation to petitions filed under Section 2-1401 of
26    the Code of Civil Procedure in relation to capital cases

 

 

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1    including, but not limited to, DNA testing, including DNA
2    testing under Section 116-3 of the Code of Criminal
3    Procedure of 1963, analysis, and expert testimony,
4    investigatory and other assistance, expert, forensic, and
5    other witnesses, and mitigation specialists, and grants
6    and aid provided to public defenders, appellate defenders,
7    and any attorney approved by or contracted with the State
8    Appellate Defender representing petitioners in
9    post-conviction proceedings in capital cases under Article
10    122 of the Code of Criminal Procedure of 1963 and in
11    relation to petitions filed under Section 2-1401 of the
12    Code of Civil Procedure in relation to capital cases or
13    assistance to attorneys who have been appointed by the
14    court to represent defendants who are charged with capital
15    crimes. Reasonable and necessary capital litigation
16    expenses include travel and per diem (lodging, meals, and
17    incidental expenses).
18        (3) To pay the compensation of trial attorneys, other
19    than public defenders or appellate defenders, who have been
20    appointed by the court to represent defendants who are
21    charged with capital crimes or attorneys approved by or
22    contracted with the State Appellate Defender to represent
23    petitioners in post-conviction proceedings in capital
24    cases under Article 122 of the Code of Criminal Procedure
25    of 1963 and in relation to petitions filed under Section
26    2-1401 of the Code of Civil Procedure in relation to

 

 

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1    capital cases.
2        (4) To provide State's Attorneys with funding for
3    capital litigation expenses and for expenses of
4    representing the State in post-conviction proceedings in
5    capital cases under Article 122 of the Code of Criminal
6    Procedure of 1963 and in relation to petitions filed under
7    Section 2-1401 of the Code of Civil Procedure in relation
8    to capital cases including, but not limited to,
9    investigatory and other assistance and expert, forensic,
10    and other witnesses necessary to prosecute capital cases.
11    State's Attorneys in any county other than Cook County
12    seeking funding for capital litigation expenses and for
13    expenses of representing the State in post-conviction
14    proceedings in capital cases under Article 122 of the Code
15    of Criminal Procedure of 1963 and in relation to petitions
16    filed under Section 2-1401 of the Code of Civil Procedure
17    in relation to capital cases including, but not limited to,
18    investigatory and other assistance and expert, forensic,
19    or other witnesses under this Section may request that the
20    State's Attorneys Appellate Prosecutor or the Attorney
21    General, as the case may be, certify the expenses as
22    reasonable, necessary, and appropriate for payment from
23    the Trust Fund, on a form created by the State Treasurer.
24    Upon certification of the expenses and delivery of the
25    certification to the State Treasurer, the Treasurer shall
26    pay the expenses directly from the Capital Litigation Trust

 

 

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1    Fund if there are sufficient moneys in the Trust Fund to
2    pay the expenses.
3        (5) To provide financial support through the Attorney
4    General under the Attorney General Act for the several
5    county State's Attorneys outside of Cook County, but shall
6    not be used to increase personnel for the Attorney
7    General's Office, except when the Attorney General is
8    ordered by the presiding judge of the Criminal Division of
9    the Circuit Court of Cook County to prosecute or supervise
10    the prosecution of Cook County cases.
11        (6) To provide financial support through the State's
12    Attorneys Appellate Prosecutor under the State's Attorneys
13    Appellate Prosecutor's Act for the several county State's
14    Attorneys outside of Cook County, but shall not be used to
15    increase personnel for the State's Attorneys Appellate
16    Prosecutor.
17        (7) To provide financial support to the State Appellate
18    Defender under the State Appellate Defender Act. Moneys
19    expended from the Trust Fund shall be in addition to county
20    funding for Public Defenders and State's Attorneys, and
21    shall not be used to supplant or reduce ordinary and
22    customary county funding.
23    (f) Moneys in the Trust Fund shall be appropriated to the
24State Appellate Defender, the State's Attorneys Appellate
25Prosecutor, the Attorney General, and the State Treasurer. The
26State Appellate Defender shall receive an appropriation from

 

 

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1the Trust Fund to enable it to provide assistance to appointed
2defense counsel and attorneys approved by or contracted with
3the State Appellate Defender to represent petitioners in
4post-conviction proceedings in capital cases under Article 122
5of the Code of Criminal Procedure of 1963 and in relation to
6petitions filed under Section 2-1401 of the Code of Civil
7Procedure in relation to capital cases throughout the State and
8to Public Defenders in counties other than Cook. The State's
9Attorneys Appellate Prosecutor and the Attorney General shall
10receive appropriations from the Trust Fund to enable them to
11provide assistance to State's Attorneys in counties other than
12Cook County and when the Attorney General is ordered by the
13presiding judge of the Criminal Division of the Circuit Court
14of Cook County to prosecute or supervise the prosecution of
15Cook County cases. Moneys shall be appropriated to the State
16Treasurer to enable the Treasurer: (i) to make grants to Cook
17County; (ii) to pay the expenses of Public Defenders, the State
18Appellate Defender, the Attorney General, the Office of the
19State's Attorneys Appellate Prosecutor, and State's Attorneys
20in counties other than Cook County; (iii) to pay the expenses
21and compensation of appointed defense counsel and attorneys
22approved by or contracted with the State Appellate Defender to
23represent petitioners in post-conviction proceedings in
24capital cases under Article 122 of the Code of Criminal
25Procedure of 1963 and in relation to petitions filed under
26Section 2-1401 of the Code of Civil Procedure in relation to

 

 

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1capital cases in counties other than Cook County; and (iv) to
2pay the costs of administering the Trust Fund. All expenditures
3and grants made from the Trust Fund shall be subject to audit
4by the Auditor General.
5    (g) For Cook County, grants from the Trust Fund shall be
6made and administered as follows:
7        (1) For each State fiscal year, the State's Attorney
8    and Public Defender must each make a separate application
9    to the State Treasurer for capital litigation grants.
10        (2) The State Treasurer shall establish rules and
11    procedures for grant applications. The rules shall require
12    the Cook County Treasurer as the grant recipient to report
13    on a periodic basis to the State Treasurer how much of the
14    grant has been expended, how much of the grant is
15    remaining, and the purposes for which the grant has been
16    used. The rules may also require the Cook County Treasurer
17    to certify on a periodic basis that expenditures of the
18    funds have been made for expenses that are reasonable,
19    necessary, and appropriate for payment from the Trust Fund.
20        (3) The State Treasurer shall make the grants to the
21    Cook County Treasurer as soon as possible after the
22    beginning of the State fiscal year.
23        (4) The State's Attorney or Public Defender may apply
24    for supplemental grants during the fiscal year.
25        (5) Grant moneys shall be paid to the Cook County
26    Treasurer in block grants and held in separate accounts for

 

 

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1    the State's Attorney, the Public Defender, and court
2    appointed defense counsel other than the Cook County Public
3    Defender, respectively, for the designated fiscal year,
4    and are not subject to county appropriation.
5        (6) Expenditure of grant moneys under this subsection
6    (g) is subject to audit by the Auditor General.
7        (7) The Cook County Treasurer shall immediately make
8    payment from the appropriate separate account in the county
9    treasury for capital litigation expenses to the State's
10    Attorney, Public Defender, or court appointed defense
11    counsel other than the Public Defender, as the case may be,
12    upon order of the State's Attorney, Public Defender or the
13    court, respectively.
14    (h) If a defendant in a capital case in Cook County is
15represented by court appointed counsel other than the Cook
16County Public Defender, the appointed counsel shall petition
17the court for an order directing the Cook County Treasurer to
18pay the court appointed counsel's reasonable and necessary
19compensation and capital litigation expenses from grant moneys
20provided from the Trust Fund. The petitions shall be supported
21by itemized bills showing the date, the amount of time spent,
22the work done, and the total being charged for each entry. The
23court shall not authorize payment of bills that are not
24properly itemized. The petitions shall be filed under seal and
25considered ex parte but with a court reporter present for all
26ex parte conferences. The petitions shall be reviewed by both

 

 

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1the trial judge and the presiding judge of the circuit court or
2the presiding judge's designee. The petitions and orders shall
3be kept under seal and shall be exempt from Freedom of
4Information requests until the conclusion of the trial and
5appeal of the case, even if the prosecution chooses not to
6pursue the death penalty prior to trial or sentencing. Orders
7denying petitions for compensation or expenses are final.
8Counsel may not petition for expenses that may have been
9provided or compensated by the State Appellate Defender under
10item (c)(5.1) of Section 10 of the State Appellate Defender
11Act.
12    (i) In counties other than Cook County, and when the
13Attorney General is ordered by the presiding judge of the
14Criminal Division of the Circuit Court of Cook County to
15prosecute or supervise the prosecution of Cook County cases,
16and excluding capital litigation expenses or services that may
17have been provided by the State Appellate Defender under item
18(c)(5.1) of Section 10 of the State Appellate Defender Act:
19        (1) Upon certification by the circuit court, on a form
20    created by the State Treasurer, that all or a portion of
21    the expenses are reasonable, necessary, and appropriate
22    for payment from the Trust Fund and the court's delivery of
23    the certification to the Treasurer, the Treasurer shall pay
24    the certified expenses of Public Defenders and the State
25    Appellate Defender from the money appropriated to the
26    Treasurer for capital litigation expenses of Public

 

 

SB2992- 20 -LRB101 20102 RLC 69635 b

1    Defenders and post-conviction proceeding expenses in
2    capital cases of the State Appellate Defender and expenses
3    in relation to petitions filed under Section 2-1401 of the
4    Code of Civil Procedure in relation to capital cases in any
5    county other than Cook County, if there are sufficient
6    moneys in the Trust Fund to pay the expenses.
7        (2) If a defendant in a capital case is represented by
8    court appointed counsel other than the Public Defender, the
9    appointed counsel shall petition the court to certify
10    compensation and capital litigation expenses including,
11    but not limited to, investigatory and other assistance,
12    expert, forensic, and other witnesses, and mitigation
13    specialists as reasonable, necessary, and appropriate for
14    payment from the Trust Fund. If a petitioner in a capital
15    case who has filed a petition for post-conviction relief
16    under Article 122 of the Code of Criminal Procedure of 1963
17    or a petition under Section 2-1401 of the Code of Civil
18    Procedure in relation to capital cases is represented by an
19    attorney approved by or contracted with the State Appellate
20    Defender other than the State Appellate Defender, that
21    attorney shall petition the court to certify compensation
22    and litigation expenses of post-conviction proceedings
23    under Article 122 of the Code of Criminal Procedure of 1963
24    or in relation to petitions filed under Section 2-1401 of
25    the Code of Civil Procedure in relation to capital cases.
26    Upon certification on a form created by the State Treasurer

 

 

SB2992- 21 -LRB101 20102 RLC 69635 b

1    of all or a portion of the compensation and expenses
2    certified as reasonable, necessary, and appropriate for
3    payment from the Trust Fund and the court's delivery of the
4    certification to the Treasurer, the State Treasurer shall
5    pay the certified compensation and expenses from the money
6    appropriated to the Treasurer for that purpose, if there
7    are sufficient moneys in the Trust Fund to make those
8    payments.
9        (3) A petition for capital litigation expenses or
10    post-conviction proceeding expenses or expenses incurred
11    in filing a petition under Section 2-1401 of the Code of
12    Civil Procedure in relation to capital cases under this
13    subsection shall be considered under seal and reviewed ex
14    parte with a court reporter present. Orders denying
15    petitions for compensation or expenses are final.
16    (j) If the Trust Fund is discontinued or dissolved by an
17Act of the General Assembly or by operation of law, any balance
18remaining in the Trust Fund shall be returned to the General
19Revenue Fund after deduction of administrative costs, any other
20provision of this Act to the contrary notwithstanding.
 
21    Section 100. The Freedom of Information Act is amended by
22changing Section 7.5 as follows:
 
23    (5 ILCS 140/7.5)
24    Sec. 7.5. Statutory exemptions. To the extent provided for

 

 

SB2992- 22 -LRB101 20102 RLC 69635 b

1by the statutes referenced below, the following shall be exempt
2from inspection and copying:
3        (a) All information determined to be confidential
4    under Section 4002 of the Technology Advancement and
5    Development Act.
6        (b) Library circulation and order records identifying
7    library users with specific materials under the Library
8    Records Confidentiality Act.
9        (c) Applications, related documents, and medical
10    records received by the Experimental Organ Transplantation
11    Procedures Board and any and all documents or other records
12    prepared by the Experimental Organ Transplantation
13    Procedures Board or its staff relating to applications it
14    has received.
15        (d) Information and records held by the Department of
16    Public Health and its authorized representatives relating
17    to known or suspected cases of sexually transmissible
18    disease or any information the disclosure of which is
19    restricted under the Illinois Sexually Transmissible
20    Disease Control Act.
21        (e) Information the disclosure of which is exempted
22    under Section 30 of the Radon Industry Licensing Act.
23        (f) Firm performance evaluations under Section 55 of
24    the Architectural, Engineering, and Land Surveying
25    Qualifications Based Selection Act.
26        (g) Information the disclosure of which is restricted

 

 

SB2992- 23 -LRB101 20102 RLC 69635 b

1    and exempted under Section 50 of the Illinois Prepaid
2    Tuition Act.
3        (h) Information the disclosure of which is exempted
4    under the State Officials and Employees Ethics Act, and
5    records of any lawfully created State or local inspector
6    general's office that would be exempt if created or
7    obtained by an Executive Inspector General's office under
8    that Act.
9        (i) Information contained in a local emergency energy
10    plan submitted to a municipality in accordance with a local
11    emergency energy plan ordinance that is adopted under
12    Section 11-21.5-5 of the Illinois Municipal Code.
13        (j) Information and data concerning the distribution
14    of surcharge moneys collected and remitted by carriers
15    under the Emergency Telephone System Act.
16        (k) Law enforcement officer identification information
17    or driver identification information compiled by a law
18    enforcement agency or the Department of Transportation
19    under Section 11-212 of the Illinois Vehicle Code.
20        (l) Records and information provided to a residential
21    health care facility resident sexual assault and death
22    review team or the Executive Council under the Abuse
23    Prevention Review Team Act.
24        (m) Information provided to the predatory lending
25    database created pursuant to Article 3 of the Residential
26    Real Property Disclosure Act, except to the extent

 

 

SB2992- 24 -LRB101 20102 RLC 69635 b

1    authorized under that Article.
2        (n) Defense budgets and petitions for certification of
3    compensation and expenses for court appointed trial
4    counsel as provided under Sections 10 and 15 of the Capital
5    Crimes Litigation Act of 2020. This subsection (n) shall
6    apply until the conclusion of the trial of the case, even
7    if the prosecution chooses not to pursue the death penalty
8    prior to trial or sentencing.
9        (o) Information that is prohibited from being
10    disclosed under Section 4 of the Illinois Health and
11    Hazardous Substances Registry Act.
12        (p) Security portions of system safety program plans,
13    investigation reports, surveys, schedules, lists, data, or
14    information compiled, collected, or prepared by or for the
15    Regional Transportation Authority under Section 2.11 of
16    the Regional Transportation Authority Act or the St. Clair
17    County Transit District under the Bi-State Transit Safety
18    Act.
19        (q) Information prohibited from being disclosed by the
20    Personnel Record Review Act.
21        (r) Information prohibited from being disclosed by the
22    Illinois School Student Records Act.
23        (s) Information the disclosure of which is restricted
24    under Section 5-108 of the Public Utilities Act.
25        (t) All identified or deidentified health information
26    in the form of health data or medical records contained in,

 

 

SB2992- 25 -LRB101 20102 RLC 69635 b

1    stored in, submitted to, transferred by, or released from
2    the Illinois Health Information Exchange, and identified
3    or deidentified health information in the form of health
4    data and medical records of the Illinois Health Information
5    Exchange in the possession of the Illinois Health
6    Information Exchange Authority due to its administration
7    of the Illinois Health Information Exchange. The terms
8    "identified" and "deidentified" shall be given the same
9    meaning as in the Health Insurance Portability and
10    Accountability Act of 1996, Public Law 104-191, or any
11    subsequent amendments thereto, and any regulations
12    promulgated thereunder.
13        (u) Records and information provided to an independent
14    team of experts under the Developmental Disability and
15    Mental Health Safety Act (also known as Brian's Law).
16        (v) Names and information of people who have applied
17    for or received Firearm Owner's Identification Cards under
18    the Firearm Owners Identification Card Act or applied for
19    or received a concealed carry license under the Firearm
20    Concealed Carry Act, unless otherwise authorized by the
21    Firearm Concealed Carry Act; and databases under the
22    Firearm Concealed Carry Act, records of the Concealed Carry
23    Licensing Review Board under the Firearm Concealed Carry
24    Act, and law enforcement agency objections under the
25    Firearm Concealed Carry Act.
26        (w) Personally identifiable information which is

 

 

SB2992- 26 -LRB101 20102 RLC 69635 b

1    exempted from disclosure under subsection (g) of Section
2    19.1 of the Toll Highway Act.
3        (x) Information which is exempted from disclosure
4    under Section 5-1014.3 of the Counties Code or Section
5    8-11-21 of the Illinois Municipal Code.
6        (y) Confidential information under the Adult
7    Protective Services Act and its predecessor enabling
8    statute, the Elder Abuse and Neglect Act, including
9    information about the identity and administrative finding
10    against any caregiver of a verified and substantiated
11    decision of abuse, neglect, or financial exploitation of an
12    eligible adult maintained in the Registry established
13    under Section 7.5 of the Adult Protective Services Act.
14        (z) Records and information provided to a fatality
15    review team or the Illinois Fatality Review Team Advisory
16    Council under Section 15 of the Adult Protective Services
17    Act.
18        (aa) Information which is exempted from disclosure
19    under Section 2.37 of the Wildlife Code.
20        (bb) Information which is or was prohibited from
21    disclosure by the Juvenile Court Act of 1987.
22        (cc) Recordings made under the Law Enforcement
23    Officer-Worn Body Camera Act, except to the extent
24    authorized under that Act.
25        (dd) Information that is prohibited from being
26    disclosed under Section 45 of the Condominium and Common

 

 

SB2992- 27 -LRB101 20102 RLC 69635 b

1    Interest Community Ombudsperson Act.
2        (ee) Information that is exempted from disclosure
3    under Section 30.1 of the Pharmacy Practice Act.
4        (ff) Information that is exempted from disclosure
5    under the Revised Uniform Unclaimed Property Act.
6        (gg) Information that is prohibited from being
7    disclosed under Section 7-603.5 of the Illinois Vehicle
8    Code.
9        (hh) Records that are exempt from disclosure under
10    Section 1A-16.7 of the Election Code.
11        (ii) Information which is exempted from disclosure
12    under Section 2505-800 of the Department of Revenue Law of
13    the Civil Administrative Code of Illinois.
14        (jj) Information and reports that are required to be
15    submitted to the Department of Labor by registering day and
16    temporary labor service agencies but are exempt from
17    disclosure under subsection (a-1) of Section 45 of the Day
18    and Temporary Labor Services Act.
19        (kk) Information prohibited from disclosure under the
20    Seizure and Forfeiture Reporting Act.
21        (ll) Information the disclosure of which is restricted
22    and exempted under Section 5-30.8 of the Illinois Public
23    Aid Code.
24        (mm) Records that are exempt from disclosure under
25    Section 4.2 of the Crime Victims Compensation Act.
26        (nn) Information that is exempt from disclosure under

 

 

SB2992- 28 -LRB101 20102 RLC 69635 b

1    Section 70 of the Higher Education Student Assistance Act.
2        (oo) Communications, notes, records, and reports
3    arising out of a peer support counseling session prohibited
4    from disclosure under the First Responders Suicide
5    Prevention Act.
6        (pp) Names and all identifying information relating to
7    an employee of an emergency services provider or law
8    enforcement agency under the First Responders Suicide
9    Prevention Act.
10        (qq) Information and records held by the Department of
11    Public Health and its authorized representatives collected
12    under the Reproductive Health Act.
13        (rr) Information that is exempt from disclosure under
14    the Cannabis Regulation and Tax Act.
15        (ss) Data reported by an employer to the Department of
16    Human Rights pursuant to Section 2-108 of the Illinois
17    Human Rights Act.
18        (tt) Recordings made under the Children's Advocacy
19    Center Act, except to the extent authorized under that Act.
20        (uu) Information that is exempt from disclosure under
21    Section 50 of the Sexual Assault Evidence Submission Act.
22        (vv) Information that is exempt from disclosure under
23    subsections (f) and (j) of Section 5-36 of the Illinois
24    Public Aid Code.
25        (ww) Information that is exempt from disclosure under
26    Section 16.8 of the State Treasurer Act.

 

 

SB2992- 29 -LRB101 20102 RLC 69635 b

1        (xx) Information that is exempt from disclosure or
2    information that shall not be made public under the
3    Illinois Insurance Code.
4        (yy) (oo) Information prohibited from being disclosed
5    under the Illinois Educational Labor Relations Act.
6        (zz) (pp) Information prohibited from being disclosed
7    under the Illinois Public Labor Relations Act.
8        (aaa) (qq) Information prohibited from being disclosed
9    under Section 1-167 of the Illinois Pension Code.
10(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
11100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
128-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
13eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
14100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
156-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
16eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
17101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
181-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised
191-6-20.)
 
20    Section 105. The Criminal Code of 2012 is amended by
21changing Section 9-1 as follows:
 
22    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
23    Sec. 9-1. First degree murder; death penalties;
24exceptions; separate hearings; proof; findings; appellate

 

 

SB2992- 30 -LRB101 20102 RLC 69635 b

1procedures; reversals.
2    (a) A person who kills an individual without lawful
3justification commits first degree murder if, in performing the
4acts which cause the death:
5        (1) he or she either intends to kill or do great bodily
6    harm to that individual or another, or knows that such acts
7    will cause death to that individual or another; or
8        (2) he or she knows that such acts create a strong
9    probability of death or great bodily harm to that
10    individual or another; or
11        (3) he or she is attempting or committing a forcible
12    felony other than second degree murder.
13    (b) Aggravating Factors. A defendant who at the time of the
14commission of the offense has attained the age of 18 or more
15and who has been found guilty of first degree murder may be
16sentenced to death if:
17        (1) the murdered individual was a peace officer,
18    employee of an institution or facility of the Department of
19    Corrections or any similar local correctional agency,
20    emergency medical technician, or fireman killed in the
21    course of performing his or her official duties, to prevent
22    the performance of his or her official duties, or in
23    retaliation for performing his or her official duties, and
24    the defendant knew or should have known that the murdered
25    individual was so employed a peace officer or fireman; or
26        (2) (blank); or the murdered individual was an employee

 

 

SB2992- 31 -LRB101 20102 RLC 69635 b

1    of an institution or facility of the Department of
2    Corrections, or any similar local correctional agency,
3    killed in the course of performing his or her official
4    duties, to prevent the performance of his or her official
5    duties, or in retaliation for performing his or her
6    official duties, or the murdered individual was an inmate
7    at such institution or facility and was killed on the
8    grounds thereof, or the murdered individual was otherwise
9    present in such institution or facility with the knowledge
10    and approval of the chief administrative officer thereof;
11    or
12        (3) the defendant has been convicted of murdering two
13    or more individuals under subsection (a) of this Section or
14    under any law of the United States or of any state which is
15    substantially similar to subsection (a) of this Section
16    regardless of whether the deaths occurred as the result of
17    the same act or of several related or unrelated acts so
18    long as the deaths were the result of either an intent to
19    kill more than one person or of separate acts which the
20    defendant knew would cause death or create a strong
21    probability of death or great bodily harm to the murdered
22    individual or another; or
23        (4) (blank); or the murdered individual was killed as a
24    result of the hijacking of an airplane, train, ship, bus,
25    or other public conveyance; or
26        (5) (blank); or the defendant committed the murder

 

 

SB2992- 32 -LRB101 20102 RLC 69635 b

1    pursuant to a contract, agreement, or understanding by
2    which he or she was to receive money or anything of value
3    in return for committing the murder or procured another to
4    commit the murder for money or anything of value; or
5        (6) (blank); or the murdered individual was killed in
6    the course of another felony if:
7            (a) the murdered individual:
8                (i) was actually killed by the defendant, or
9                (ii) received physical injuries personally
10            inflicted by the defendant substantially
11            contemporaneously with physical injuries caused by
12            one or more persons for whose conduct the defendant
13            is legally accountable under Section 5-2 of this
14            Code, and the physical injuries inflicted by
15            either the defendant or the other person or persons
16            for whose conduct he is legally accountable caused
17            the death of the murdered individual; and
18            (b) in performing the acts which caused the death
19        of the murdered individual or which resulted in
20        physical injuries personally inflicted by the
21        defendant on the murdered individual under the
22        circumstances of subdivision (ii) of subparagraph (a)
23        of paragraph (6) of subsection (b) of this Section, the
24        defendant acted with the intent to kill the murdered
25        individual or with the knowledge that his acts created
26        a strong probability of death or great bodily harm to

 

 

SB2992- 33 -LRB101 20102 RLC 69635 b

1        the murdered individual or another; and
2            (c) the other felony was an inherently violent
3        crime or the attempt to commit an inherently violent
4        crime. In this subparagraph (c), "inherently violent
5        crime" includes, but is not limited to, armed robbery,
6        robbery, predatory criminal sexual assault of a child,
7        aggravated criminal sexual assault, aggravated
8        kidnapping, aggravated vehicular hijacking, aggravated
9        arson, aggravated stalking, residential burglary, and
10        home invasion; or
11        (6.5) the murdered individual was killed during the
12    commission of, or attempted commission of, a violation of
13    Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
14    the Criminal Code of 2012; or
15        (7) the murdered individual was under 12 years of age
16    and the death resulted from exceptionally brutal or heinous
17    behavior indicative of wanton cruelty; or
18        (8) (blank); or the defendant committed the murder with
19    intent to prevent the murdered individual from testifying
20    or participating in any criminal investigation or
21    prosecution or giving material assistance to the State in
22    any investigation or prosecution, either against the
23    defendant or another; or the defendant committed the murder
24    because the murdered individual was a witness in any
25    prosecution or gave material assistance to the State in any
26    investigation or prosecution, either against the defendant

 

 

SB2992- 34 -LRB101 20102 RLC 69635 b

1    or another; for purposes of this paragraph (8),
2    "participating in any criminal investigation or
3    prosecution" is intended to include those appearing in the
4    proceedings in any capacity such as trial judges,
5    prosecutors, defense attorneys, investigators, witnesses,
6    or jurors; or
7        (9) (blank); or the defendant, while committing an
8    offense punishable under Sections 401, 401.1, 401.2, 405,
9    405.2, 407 or 407.1 or subsection (b) of Section 404 of the
10    Illinois Controlled Substances Act, or while engaged in a
11    conspiracy or solicitation to commit such offense,
12    intentionally killed an individual or counseled,
13    commanded, induced, procured or caused the intentional
14    killing of the murdered individual; or
15        (10) (blank); or the defendant was incarcerated in an
16    institution or facility of the Department of Corrections at
17    the time of the murder, and while committing an offense
18    punishable as a felony under Illinois law, or while engaged
19    in a conspiracy or solicitation to commit such offense,
20    intentionally killed an individual or counseled,
21    commanded, induced, procured or caused the intentional
22    killing of the murdered individual; or
23        (11) (blank); or the murder was committed in a cold,
24    calculated and premeditated manner pursuant to a
25    preconceived plan, scheme or design to take a human life by
26    unlawful means, and the conduct of the defendant created a

 

 

SB2992- 35 -LRB101 20102 RLC 69635 b

1    reasonable expectation that the death of a human being
2    would result therefrom; or
3        (12) (blank); or the murdered individual was an
4    emergency medical technician - ambulance, emergency
5    medical technician - intermediate, emergency medical
6    technician - paramedic, ambulance driver, or other medical
7    assistance or first aid personnel, employed by a
8    municipality or other governmental unit, killed in the
9    course of performing his official duties, to prevent the
10    performance of his official duties, or in retaliation for
11    performing his official duties, and the defendant knew or
12    should have known that the murdered individual was an
13    emergency medical technician - ambulance, emergency
14    medical technician - intermediate, emergency medical
15    technician - paramedic, ambulance driver, or other medical
16    assistance or first aid personnel; or
17        (13) (blank); or the defendant was a principal
18    administrator, organizer, or leader of a calculated
19    criminal drug conspiracy consisting of a hierarchical
20    position of authority superior to that of all other members
21    of the conspiracy, and the defendant counseled, commanded,
22    induced, procured, or caused the intentional killing of the
23    murdered person; or
24        (14) the murder was intentional and involved the
25    infliction of torture. For the purpose of this Section
26    torture means the infliction of or subjection to extreme

 

 

SB2992- 36 -LRB101 20102 RLC 69635 b

1    physical pain, motivated by an intent to increase or
2    prolong the pain, suffering or agony of the victim; or
3        (15) (blank); or the murder was committed as a result
4    of the intentional discharge of a firearm by the defendant
5    from a motor vehicle and the victim was not present within
6    the motor vehicle; or
7        (16) (blank); or the murdered individual was 60 years
8    of age or older and the death resulted from exceptionally
9    brutal or heinous behavior indicative of wanton cruelty; or
10        (17) (blank); or the murdered individual was a person
11    with a disability and the defendant knew or should have
12    known that the murdered individual was a person with a
13    disability. For purposes of this paragraph (17), "person
14    with a disability" means a person who suffers from a
15    permanent physical or mental impairment resulting from
16    disease, an injury, a functional disorder, or a congenital
17    condition that renders the person incapable of adequately
18    providing for his or her own health or personal care; or
19        (18) (blank); or the murder was committed by reason of
20    any person's activity as a community policing volunteer or
21    to prevent any person from engaging in activity as a
22    community policing volunteer; or
23        (19) (blank); or the murdered individual was subject to
24    an order of protection and the murder was committed by a
25    person against whom the same order of protection was issued
26    under the Illinois Domestic Violence Act of 1986; or

 

 

SB2992- 37 -LRB101 20102 RLC 69635 b

1        (20) (blank); or the murdered individual was known by
2    the defendant to be a teacher or other person employed in
3    any school and the teacher or other employee is upon the
4    grounds of a school or grounds adjacent to a school, or is
5    in any part of a building used for school purposes; or
6        (21) the murder was committed by the defendant in
7    connection with or as a result of the offense of terrorism
8    as defined in Section 29D-14.9 of this Code; or
9        (22) the murdered individual was a member of a
10    congregation engaged in prayer or other religious
11    activities at a church, synagogue, mosque, or other
12    building, structure, or place used for religious worship.
13    (b-5) Aggravating Factor; Natural Life Imprisonment. A
14defendant who has been found guilty of first degree murder and
15who at the time of the commission of the offense had attained
16the age of 18 years or more may be sentenced to natural life
17imprisonment if (i) the murdered individual was a physician,
18physician assistant, psychologist, nurse, or advanced practice
19registered nurse, (ii) the defendant knew or should have known
20that the murdered individual was a physician, physician
21assistant, psychologist, nurse, or advanced practice
22registered nurse, and (iii) the murdered individual was killed
23in the course of acting in his or her capacity as a physician,
24physician assistant, psychologist, nurse, or advanced practice
25registered nurse, or to prevent him or her from acting in that
26capacity, or in retaliation for his or her acting in that

 

 

SB2992- 38 -LRB101 20102 RLC 69635 b

1capacity.
2    (c) Consideration of factors in Aggravation and
3Mitigation.
4    The court shall consider, or shall instruct the jury to
5consider any aggravating and any mitigating factors which are
6relevant to the imposition of the death penalty. Aggravating
7factors may include but need not be limited to those factors
8set forth in subsection (b). Mitigating factors may include but
9need not be limited to the following:
10        (1) the defendant has no significant history of prior
11    criminal activity;
12        (2) the murder was committed while the defendant was
13    under the influence of extreme mental or emotional
14    disturbance, although not such as to constitute a defense
15    to prosecution;
16        (3) the murdered individual was a participant in the
17    defendant's homicidal conduct or consented to the
18    homicidal act;
19        (4) the defendant acted under the compulsion of threat
20    or menace of the imminent infliction of death or great
21    bodily harm;
22        (5) the defendant was not personally present during
23    commission of the act or acts causing death;
24        (6) the defendant's background includes a history of
25    extreme emotional or physical abuse;
26        (7) the defendant suffers from a reduced mental

 

 

SB2992- 39 -LRB101 20102 RLC 69635 b

1    capacity.
2    Provided, however, that an action that does not otherwise
3mitigate first degree murder cannot qualify as a mitigating
4factor for first degree murder because of the discovery,
5knowledge, or disclosure of the victim's sexual orientation as
6defined in Section 1-103 of the Illinois Human Rights Act.
7    (d) Separate sentencing hearing.
8    Where requested by the State, the court shall conduct a
9separate sentencing proceeding to determine the existence of
10factors set forth in subsection (b) and to consider any
11aggravating or mitigating factors as indicated in subsection
12(c). The proceeding shall be conducted:
13        (1) before the jury that determined the defendant's
14    guilt; or
15        (2) before a jury impanelled for the purpose of the
16    proceeding if:
17            A. the defendant was convicted upon a plea of
18        guilty; or
19            B. the defendant was convicted after a trial before
20        the court sitting without a jury; or
21            C. the court for good cause shown discharges the
22        jury that determined the defendant's guilt; or
23        (3) before the court alone if the defendant waives a
24    jury for the separate proceeding.
25    (e) Evidence and Argument.
26    During the proceeding any information relevant to any of

 

 

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1the factors set forth in subsection (b) may be presented by
2either the State or the defendant under the rules governing the
3admission of evidence at criminal trials. Any information
4relevant to any additional aggravating factors or any
5mitigating factors indicated in subsection (c) may be presented
6by the State or defendant regardless of its admissibility under
7the rules governing the admission of evidence at criminal
8trials. The State and the defendant shall be given fair
9opportunity to rebut any information received at the hearing.
10    (f) Proof.
11    The burden of proof of establishing the existence of any of
12the factors set forth in subsection (b) is on the State and
13shall not be satisfied unless established beyond a reasonable
14doubt.
15    (g) Procedure - Jury.
16    If at the separate sentencing proceeding the jury finds
17that none of the factors set forth in subsection (b) exists,
18the court shall sentence the defendant to a term of
19imprisonment under Chapter V of the Unified Code of
20Corrections. If there is a unanimous finding by the jury that
21one or more of the factors set forth in subsection (b) exist,
22the jury shall consider aggravating and mitigating factors as
23instructed by the court and shall determine whether the
24sentence of death shall be imposed. If the jury determines
25unanimously, after weighing the factors in aggravation and
26mitigation, that death is the appropriate sentence, the court

 

 

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1shall sentence the defendant to death. If the court does not
2concur with the jury determination that death is the
3appropriate sentence, the court shall set forth reasons in
4writing including what facts or circumstances the court relied
5upon, along with any relevant documents, that compelled the
6court to non-concur with the sentence. This document and any
7attachments shall be part of the record for appellate review.
8The court shall be bound by the jury's sentencing
9determination.
10    If after weighing the factors in aggravation and
11mitigation, one or more jurors determines that death is not the
12appropriate sentence, the court shall sentence the defendant to
13a term of imprisonment under Chapter V of the Unified Code of
14Corrections.
15    (h) Procedure - No Jury.
16    In a proceeding before the court alone, if the court finds
17that none of the factors found in subsection (b) exists, the
18court shall sentence the defendant to a term of imprisonment
19under Chapter V of the Unified Code of Corrections.
20    If the Court determines that one or more of the factors set
21forth in subsection (b) exists, the Court shall consider any
22aggravating and mitigating factors as indicated in subsection
23(c). If the Court determines, after weighing the factors in
24aggravation and mitigation, that death is the appropriate
25sentence, the Court shall sentence the defendant to death.
26    If the court finds that death is not the appropriate

 

 

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1sentence, the court shall sentence the defendant to a term of
2imprisonment under Chapter V of the Unified Code of
3Corrections.
4    (h-5) Decertification as a capital case.
5    In a case in which the defendant has been found guilty of
6first degree murder by a judge or jury, or a case on remand for
7resentencing, and the State seeks the death penalty as an
8appropriate sentence, on the court's own motion or the written
9motion of the defendant, the court may decertify the case as a
10death penalty case if the court finds that the only evidence
11supporting the defendant's conviction is the uncorroborated
12testimony of an informant witness, as defined in Section 115-21
13of the Code of Criminal Procedure of 1963, concerning the
14confession or admission of the defendant or that the sole
15evidence against the defendant is a single eyewitness or single
16accomplice without any other corroborating evidence. If the
17court decertifies the case as a capital case under either of
18the grounds set forth above, the court shall issue a written
19finding. The State may pursue its right to appeal the
20decertification pursuant to Supreme Court Rule 604(a)(1). If
21the court does not decertify the case as a capital case, the
22matter shall proceed to the eligibility phase of the sentencing
23hearing.
24    (i) Appellate Procedure.
25    The conviction and sentence of death shall be subject to
26automatic review by the Supreme Court. Such review shall be in

 

 

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1accordance with rules promulgated by the Supreme Court. The
2Illinois Supreme Court may overturn the death sentence, and
3order the imposition of imprisonment under Chapter V of the
4Unified Code of Corrections if the court finds that the death
5sentence is fundamentally unjust as applied to the particular
6case. If the Illinois Supreme Court finds that the death
7sentence is fundamentally unjust as applied to the particular
8case, independent of any procedural grounds for relief, the
9Illinois Supreme Court shall issue a written opinion explaining
10this finding.
11    (j) Disposition of reversed death sentence.
12    In the event that the death penalty in this Act is held to
13be unconstitutional by the Supreme Court of the United States
14or of the State of Illinois, any person convicted of first
15degree murder shall be sentenced by the court to a term of
16imprisonment under Chapter V of the Unified Code of
17Corrections.
18    In the event that any death sentence pursuant to the
19sentencing provisions of this Section is declared
20unconstitutional by the Supreme Court of the United States or
21of the State of Illinois, the court having jurisdiction over a
22person previously sentenced to death shall cause the defendant
23to be brought before the court, and the court shall sentence
24the defendant to a term of imprisonment under Chapter V of the
25Unified Code of Corrections.
26    (k) Guidelines for seeking the death penalty.

 

 

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1    The Attorney General and State's Attorneys Association
2shall consult on voluntary guidelines for procedures governing
3whether or not to seek the death penalty. The guidelines do not
4have the force of law and are only advisory in nature.
5(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
6100-863, eff. 8-14-18; 101-223, eff. 1-1-20.)
 
7    Section 110. The Code of Criminal Procedure of 1963 is
8amended by changing Sections 113-3 and 119-1 as follows:
 
9    (725 ILCS 5/113-3)  (from Ch. 38, par. 113-3)
10    Sec. 113-3. (a) Every person charged with an offense shall
11be allowed counsel before pleading to the charge. If the
12defendant desires counsel and has been unable to obtain same
13before arraignment the court shall recess court or continue the
14cause for a reasonable time to permit defendant to obtain
15counsel and consult with him before pleading to the charge. If
16the accused is a dissolved corporation, and is not represented
17by counsel, the court may, in the interest of justice, appoint
18as counsel a licensed attorney of this State.
19    (b) In all cases, except where the penalty is a fine only,
20if the court determines that the defendant is indigent and
21desires counsel, the Public Defender shall be appointed as
22counsel. If there is no Public Defender in the county or if the
23defendant requests counsel other than the Public Defender and
24the court finds that the rights of the defendant will be

 

 

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1prejudiced by the appointment of the Public Defender, the court
2shall appoint as counsel a licensed attorney at law of this
3State, except that in a county having a population of 2,000,000
4or more the Public Defender shall be appointed as counsel in
5all misdemeanor cases where the defendant is indigent and
6desires counsel unless the case involves multiple defendants,
7in which case the court may appoint counsel other than the
8Public Defender for the additional defendants. The court shall
9require an affidavit signed by any defendant who requests
10court-appointed counsel. Such affidavit shall be in the form
11established by the Supreme Court containing sufficient
12information to ascertain the assets and liabilities of that
13defendant. The Court may direct the Clerk of the Circuit Court
14to assist the defendant in the completion of the affidavit. Any
15person who knowingly files such affidavit containing false
16information concerning his assets and liabilities shall be
17liable to the county where the case, in which such false
18affidavit is filed, is pending for the reasonable value of the
19services rendered by the public defender or other
20court-appointed counsel in the case to the extent that such
21services were unjustly or falsely procured.
22    (c) Upon the filing with the court of a verified statement
23of services rendered the court shall order the county treasurer
24of the county of trial to pay counsel other than the Public
25Defender a reasonable fee. The court shall consider all
26relevant circumstances, including but not limited to the time

 

 

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1spent while court is in session, other time spent in
2representing the defendant, and expenses reasonably incurred
3by counsel. In counties with a population greater than
42,000,000, the court shall order the county treasurer of the
5county of trial to pay counsel other than the Public Defender a
6reasonable fee stated in the order and based upon a rate of
7compensation of not more than $40 for each hour spent while
8court is in session and not more than $30 for each hour
9otherwise spent representing a defendant, and such
10compensation shall not exceed $150 for each defendant
11represented in misdemeanor cases and $1250 in felony cases, in
12addition to expenses reasonably incurred as hereinafter in this
13Section provided, except that, in extraordinary circumstances,
14payment in excess of the limits herein stated may be made if
15the trial court certifies that such payment is necessary to
16provide fair compensation for protracted representation. A
17trial court may entertain the filing of this verified statement
18before the termination of the cause, and may order the
19provisional payment of sums during the pendency of the cause.
20    (d) In capital cases, in addition to counsel, if the court
21determines that the defendant is indigent the court may, upon
22the filing with the court of a verified statement of services
23rendered, order the county Treasurer of the county of trial to
24pay necessary expert witnesses for defendant reasonable
25compensation stated in the order not to exceed $250 for each
26defendant.

 

 

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1    (e) If the court in any county having a population greater
2than 2,000,000 determines that the defendant is indigent the
3court may, upon the filing with the court of a verified
4statement of such expenses, order the county treasurer of the
5county of trial, in such counties having a population greater
6than 2,000,000 to pay the general expenses of the trial
7incurred by the defendant not to exceed $50 for each defendant.
8    (f) The provisions of this Section relating to appointment
9of counsel, compensation of counsel, and payment of expenses in
10capital cases apply except when the compensation and expenses
11are being provided under the Capital Crimes Litigation Act of
122020.
13(Source: P.A. 91-589, eff. 1-1-00.)
 
14    (725 ILCS 5/119-1)
15    Sec. 119-1. Death penalty restored abolished.
16    (a) (Blank). Beginning on the effective date of this
17amendatory Act of the 96th General Assembly, notwithstanding
18any other law to the contrary, the death penalty is abolished
19and a sentence to death may not be imposed.
20    (b) All unobligated and unexpended moneys remaining in the
21Capital Litigation Trust Fund on the effective date of this
22amendatory Act of the 96th General Assembly shall be
23transferred into the Death Penalty Abolition Fund on the
24effective date of this amendatory Act of the 101st General
25Assembly shall be transferred into the Capital Litigation Trust

 

 

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1Fund , a special fund in the State treasury, to be expended by
2the Illinois Criminal Justice Information Authority, for
3services for families of victims of homicide or murder and for
4training of law enforcement personnel.
5(Source: P.A. 96-1543, eff. 7-1-11.)
 
6    Section 115. The State Appellate Defender Act is amended by
7changing Section 10 as follows:
 
8    (725 ILCS 105/10)  (from Ch. 38, par. 208-10)
9    Sec. 10. Powers and duties of State Appellate Defender.
10    (a) The State Appellate Defender shall represent indigent
11persons on appeal in criminal and delinquent minor proceedings,
12when appointed to do so by a court under a Supreme Court Rule
13or law of this State.
14    (b) The State Appellate Defender shall submit a budget for
15the approval of the State Appellate Defender Commission.
16    (c) The State Appellate Defender may:
17        (1) maintain a panel of private attorneys available to
18    serve as counsel on a case basis;
19        (2) establish programs, alone or in conjunction with
20    law schools, for the purpose of utilizing volunteer law
21    students as legal assistants;
22        (3) cooperate and consult with state agencies,
23    professional associations, and other groups concerning the
24    causes of criminal conduct, the rehabilitation and

 

 

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1    correction of persons charged with and convicted of crime,
2    the administration of criminal justice, and, in counties of
3    less than 1,000,000 population, study, design, develop and
4    implement model systems for the delivery of trial level
5    defender services, and make an annual report to the General
6    Assembly;
7        (4) hire investigators to provide investigative
8    services to appointed counsel and county public defenders;
9        (5) (blank);
10        (5.1) in cases in which a death sentence is an
11    authorized disposition, provide trial counsel with legal
12    assistance and the assistance of expert witnesses,
13    investigators, and mitigation specialists from funds
14    appropriated to the State Appellate Defender specifically
15    for that purpose by the General Assembly. The Office of
16    State Appellate Defender shall not be appointed to serve as
17    trial counsel in capital cases;
18        (5.5) provide training to county public defenders;
19        (5.7) provide county public defenders with the
20    assistance of expert witnesses and investigators from
21    funds appropriated to the State Appellate Defender
22    specifically for that purpose by the General Assembly. The
23    Office of the State Appellate Defender shall not be
24    appointed to act as trial counsel;
25        (6) develop a Juvenile Defender Resource Center to: (i)
26    study, design, develop, and implement model systems for the

 

 

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1    delivery of trial level defender services for juveniles in
2    the justice system; (ii) in cases in which a sentence of
3    incarceration or an adult sentence, or both, is an
4    authorized disposition, provide trial counsel with legal
5    advice and the assistance of expert witnesses and
6    investigators from funds appropriated to the Office of the
7    State Appellate Defender by the General Assembly
8    specifically for that purpose; (iii) develop and provide
9    training to public defenders on juvenile justice issues,
10    utilizing resources including the State and local bar
11    associations, the Illinois Public Defender Association,
12    law schools, the Midwest Juvenile Defender Center, and pro
13    bono efforts by law firms; and (iv) make an annual report
14    to the General Assembly.
15    Investigators employed by the Capital Trial Assistance
16Unit and Capital Post Conviction Unit of the State Appellate
17Defender shall be authorized to inquire through the Illinois
18State Police or local law enforcement with the Law Enforcement
19Agencies Data System (LEADS) under Section 2605-375 of the
20Civil Administrative Code of Illinois to ascertain whether
21their potential witnesses have a criminal background,
22including, but not limited to: (i) warrants; (ii) arrests;
23(iii) convictions; and (iv) officer safety information. This
24authorization applies only to information held on the State
25level and shall be used only to protect the personal safety of
26the investigators. Any information that is obtained through

 

 

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1this inquiry may not be disclosed by the investigators.
2    (c-5) For each State fiscal year, the State Appellate
3Defender shall request a direct appropriation from the Capital
4Litigation Trust Fund for expenses incurred by the State
5Appellate Defender in providing assistance to trial attorneys
6under paragraph (5.1) of subsection (c) of this Section and for
7expenses incurred by the State Appellate Defender in
8representing petitioners in capital cases in post-conviction
9proceedings under Article 122 of the Code of Criminal Procedure
10of 1963 and in relation to petitions filed under Section 2-1401
11of the Code of Civil Procedure in relation to capital cases and
12for the representation of those petitioners by attorneys
13approved by or contracted with the State Appellate Defender and
14an appropriation to the State Treasurer for payments from the
15Trust Fund for the defense of cases in counties other than Cook
16County. The State Appellate Defender may appear before the
17General Assembly at other times during the State's fiscal year
18to request supplemental appropriations from the Trust Fund to
19the State Treasurer.
20    (d) (Blank).
21    (e) The requirement for reporting to the General Assembly
22shall be satisfied by filing copies of the report as required
23by Section 3.1 of the General Assembly Organization Act and
24filing such additional copies with the State Government Report
25Distribution Center for the General Assembly as is required
26under paragraph (t) of Section 7 of the State Library Act.

 

 

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1(Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)