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1 | AN ACT concerning the death penalty.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Counties Code is amended by changing Section | ||||||
5 | 3-9005 as follows:
| ||||||
6 | (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
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7 | Sec. 3-9005. Powers and duties of State's attorney.
| ||||||
8 | (a) The duty of each State's attorney shall be:
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9 | (1) To commence and prosecute all actions, suits, | ||||||
10 | indictments and
prosecutions, civil and criminal, in the | ||||||
11 | circuit court for his county,
in which the people of the | ||||||
12 | State or county may be concerned.
| ||||||
13 | (2) To prosecute all forfeited bonds and | ||||||
14 | recognizances, and all
actions and proceedings for the | ||||||
15 | recovery of debts, revenues, moneys,
fines, penalties and | ||||||
16 | forfeitures accruing to the State or his county, or
to any | ||||||
17 | school district or road district in his county; also, to
| ||||||
18 | prosecute all suits in his county against railroad or | ||||||
19 | transportation
companies, which may be prosecuted in the | ||||||
20 | name of the People of the
State of Illinois.
| ||||||
21 | (3) To commence and prosecute all actions and | ||||||
22 | proceedings brought by
any county officer in his official | ||||||
23 | capacity.
| ||||||
24 | (4) To defend all actions and proceedings brought | ||||||
25 | against his
county, or against any county or State officer, | ||||||
26 | in his official
capacity, within his county.
| ||||||
27 | (5) To attend the examination of all persons brought | ||||||
28 | before any judge
on habeas corpus, when the prosecution is | ||||||
29 | in his county.
| ||||||
30 | (6) To attend before judges and prosecute charges of | ||||||
31 | felony or
misdemeanor, for which the offender is required | ||||||
32 | to be recognized to appear
before the circuit court, when |
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1 | in his power so to do.
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2 | (7) To give his opinion, without fee or reward, to any | ||||||
3 | county officer
in his county, upon any question or law | ||||||
4 | relating to any criminal or other
matter, in which the | ||||||
5 | people or the county may be concerned.
| ||||||
6 | (8) To assist the attorney general whenever it may be | ||||||
7 | necessary, and in
cases of appeal from his county to the | ||||||
8 | Supreme Court, to which it is the
duty of the attorney | ||||||
9 | general to attend, he shall furnish the attorney general
at | ||||||
10 | least 10 days before such is due to be filed, a manuscript | ||||||
11 | of a proposed
statement, brief and argument to be printed | ||||||
12 | and filed on behalf of the people,
prepared in accordance | ||||||
13 | with the rules of the Supreme Court. However, if
such | ||||||
14 | brief, argument or other document is due to be filed by law | ||||||
15 | or order
of court within this 10 day period, then the | ||||||
16 | State's attorney shall furnish
such as soon as may be | ||||||
17 | reasonable.
| ||||||
18 | (9) To pay all moneys received by him in trust, without | ||||||
19 | delay, to the
officer who by law is entitled to the custody | ||||||
20 | thereof.
| ||||||
21 | (10) To notify, by first class mail, complaining | ||||||
22 | witnesses of the ultimate
disposition of the cases arising | ||||||
23 | from an indictment or an information.
| ||||||
24 | (11) To perform such other and further duties as may, | ||||||
25 | from time to time,
be enjoined on him by law.
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26 | (12) To appear in all proceedings by collectors of | ||||||
27 | taxes against
delinquent taxpayers for judgments to sell | ||||||
28 | real estate, and see that all the
necessary preliminary | ||||||
29 | steps have been legally taken to make the judgment legal
| ||||||
30 | and binding.
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31 | (b) The State's Attorney of each county shall have | ||||||
32 | authority to
appoint one or more special investigators to serve | ||||||
33 | subpoenas, make return
of process and conduct investigations | ||||||
34 | which assist the State's Attorney in
the performance of his | ||||||
35 | duties. A special investigator shall not carry
firearms except | ||||||
36 | with permission of the State's Attorney and only while
carrying |
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1 | appropriate identification indicating his employment and in | ||||||
2 | the
performance of his assigned duties.
| ||||||
3 | Subject to the qualifications set forth in this subsection, | ||||||
4 | special
investigators shall be peace officers and shall have | ||||||
5 | all the powers possessed
by investigators under the State's | ||||||
6 | Attorneys Appellate Prosecutor's Act.
| ||||||
7 | No special investigator employed by the State's Attorney | ||||||
8 | shall have peace
officer status or exercise police powers | ||||||
9 | unless he or she successfully
completes the basic police | ||||||
10 | training course mandated and approved by the
Illinois Law | ||||||
11 | Enforcement Training Standards Board or such
board waives the | ||||||
12 | training requirement by reason of the special
investigator's | ||||||
13 | prior law enforcement experience or training or both. Any
| ||||||
14 | State's Attorney appointing a special investigator shall | ||||||
15 | consult with all
affected local police agencies, to the extent | ||||||
16 | consistent with the public
interest, if the special | ||||||
17 | investigator is assigned to areas within that
agency's | ||||||
18 | jurisdiction.
| ||||||
19 | Before a person is appointed as a special investigator, his
| ||||||
20 | fingerprints shall be taken and transmitted to the Department | ||||||
21 | of State
Police. The Department shall examine its records and | ||||||
22 | submit to the State's
Attorney of the county in which the | ||||||
23 | investigator seeks appointment any
conviction information | ||||||
24 | concerning the person on file with the Department.
No person | ||||||
25 | shall be appointed as a special investigator if he has been
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26 | convicted of a felony or other offense involving moral | ||||||
27 | turpitude. A
special investigator shall be paid a salary and be | ||||||
28 | reimbursed for actual
expenses incurred in performing his | ||||||
29 | assigned duties. The county board
shall approve the salary and | ||||||
30 | actual expenses and appropriate the salary
and expenses in the | ||||||
31 | manner prescribed by law or ordinance.
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32 | (c) The State's
Attorney may request and receive from | ||||||
33 | employers, labor unions, telephone
companies, and utility | ||||||
34 | companies
location information concerning putative fathers and | ||||||
35 | noncustodial parents for
the purpose of establishing a child's | ||||||
36 | paternity or establishing, enforcing, or
modifying a child |
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1 | support obligation. In this subsection, "location
information"
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2 | means information about (i) the physical whereabouts of a | ||||||
3 | putative father or
noncustodial parent, (ii) the putative | ||||||
4 | father or noncustodial parent's
employer, or
(iii) the salary, | ||||||
5 | wages, and other
compensation paid and the health insurance | ||||||
6 | coverage provided to the putative
father or noncustodial parent | ||||||
7 | by the employer of the putative father or
noncustodial parent
| ||||||
8 | or by a labor union of which the putative father or | ||||||
9 | noncustodial parent is a
member.
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10 | (d) For each State fiscal year, the
State's Attorney of | ||||||
11 | Cook County shall appear before the General Assembly and
| ||||||
12 | request appropriations to be made from the Capital Litigation | ||||||
13 | Trust Fund to the
State Treasurer for the purpose of providing | ||||||
14 | assistance in the prosecution of
capital cases in Cook County | ||||||
15 | and for the purpose of providing assistance to the State in | ||||||
16 | post-conviction proceedings in capital cases under Article 122 | ||||||
17 | of the Code of Criminal Procedure of 1963 and in relation to | ||||||
18 | petitions filed under Section 2-1401 of the Code of Civil | ||||||
19 | Procedure in relation to capital cases . The State's Attorney | ||||||
20 | may appear before the
General Assembly at other times during | ||||||
21 | the State's fiscal year to request
supplemental appropriations | ||||||
22 | from the Trust Fund to the State Treasurer.
| ||||||
23 | (e) The State's Attorney shall have the authority to enter | ||||||
24 | into a written
agreement with the Department of Revenue for | ||||||
25 | pursuit of civil
liability under Section 17-1a of the Criminal | ||||||
26 | Code of 1961 against persons who
have issued to the Department | ||||||
27 | checks or other orders in violation of the
provisions of | ||||||
28 | paragraph (d) of subsection (B) of Section 17-1 of the Criminal
| ||||||
29 | Code of 1961, with the Department to retain the amount owing | ||||||
30 | upon the
dishonored check or order along with the dishonored | ||||||
31 | check fee imposed under the
Uniform Penalty and Interest Act, | ||||||
32 | with the balance of damages, fees, and costs
collected under | ||||||
33 | Section 17-1a of the Criminal Code of 1961 to be retained by
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34 | the State's Attorney. The agreement shall not affect the | ||||||
35 | allocation of fines
and costs imposed in any criminal | ||||||
36 | prosecution.
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1 | (Source: P.A. 91-589, eff. 1-1-00; 92-492, eff. 1-1-02.)
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2 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
3 | amended by changing Section 122-1 as follows:
| ||||||
4 | (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
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5 | Sec. 122-1. Petition in the trial court.
| ||||||
6 | (a) Any person imprisoned in the penitentiary may institute | ||||||
7 | a proceeding under this Article if the person asserts that: | ||||||
8 | (1) in the
proceedings which resulted in his or her | ||||||
9 | conviction there was a substantial
denial of his or her | ||||||
10 | rights under the Constitution of the United States or
of | ||||||
11 | the State of Illinois or both; or
| ||||||
12 | (2) the death penalty was imposed and there is
newly | ||||||
13 | discovered evidence not available to the person at
the time | ||||||
14 | of the proceeding that resulted in his or her
conviction | ||||||
15 | that establishes a substantial basis to believe that the | ||||||
16 | defendant
is actually innocent by clear and convincing | ||||||
17 | evidence.
| ||||||
18 | (a-5) A proceeding under paragraph (2) of subsection (a)
| ||||||
19 | may be commenced within a reasonable period of time after the | ||||||
20 | person's
conviction
notwithstanding any other provisions of
| ||||||
21 | this Article. In such a proceeding regarding
actual innocence, | ||||||
22 | if the court determines the petition is
frivolous or is | ||||||
23 | patently without merit, it shall dismiss the
petition in a | ||||||
24 | written order, specifying the findings of fact
and conclusions | ||||||
25 | of law it made in reaching its decision.
Such order of | ||||||
26 | dismissal is a final judgment and shall be
served upon the | ||||||
27 | petitioner by certified mail within 10 days
of its entry.
| ||||||
28 | (b) The proceeding shall be commenced by filing with the | ||||||
29 | clerk of the court
in which the conviction took place a | ||||||
30 | petition (together with a copy thereof)
verified by affidavit. | ||||||
31 | Petitioner shall also serve another copy upon the
State's | ||||||
32 | Attorney by any of the methods provided in Rule 7 of the | ||||||
33 | Supreme
Court. The clerk shall docket the petition for | ||||||
34 | consideration by the court
pursuant to Section 122-2.1 upon his |
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1 | or her receipt thereof and bring the same
promptly to the | ||||||
2 | attention of the court.
| ||||||
3 | (c) Except as otherwise provided in subsection (a-5), if
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4 | the petitioner is under sentence of death and a petition for | ||||||
5 | writ of certiorari is filed ,
no proceedings under this Article | ||||||
6 | shall be commenced more than 6 months after
the conclusion of | ||||||
7 | proceedings in the United States Supreme Court
denial of a | ||||||
8 | petition for certiorari to the United States Supreme Court on
| ||||||
9 | direct appeal, or more than 6 months from the date for filing | ||||||
10 | such a petition
if none is filed , unless the petitioner alleges | ||||||
11 | facts showing that the delay
was
not due to his or her culpable | ||||||
12 | negligence. If a petition for certiorari is not filed, no | ||||||
13 | proceedings under this Article shall be commenced more than 6 | ||||||
14 | months from the date for filing a certiorari petition, unless | ||||||
15 | the petitioner alleges facts showing that the delay was not due | ||||||
16 | to his or her culpable negligence.
| ||||||
17 | When a defendant has a sentence other than death, no | ||||||
18 | proceedings under this
Article shall be commenced more than 6 | ||||||
19 | months after the conclusion of proceedings in the United States | ||||||
20 | Supreme Court
denial of the Petition
for Leave to Appeal to the | ||||||
21 | Illinois Supreme Court, or more than 6 months from
the date for | ||||||
22 | filing such a petition if none is filed , unless the petitioner
| ||||||
23 | alleges facts showing that the delay was not due to his or her | ||||||
24 | culpable
negligence.
If a petition for certiorari is not filed, | ||||||
25 | no proceedings under this Article shall be commenced more than | ||||||
26 | 6 months from the date for filing a certiorari petition, unless | ||||||
27 | the petitioner alleges facts showing that the delay was not due | ||||||
28 | to his or her culpable negligence. If a defendant does not file | ||||||
29 | a direct appeal, the post-conviction petition shall be filed no | ||||||
30 | later than 3 years from the date of conviction, unless the | ||||||
31 | petitioner alleges facts showing that the delay was not due to | ||||||
32 | his or her culpable negligence.
| ||||||
33 | This limitation does not apply to a petition advancing a | ||||||
34 | claim of actual
innocence. | ||||||
35 | (d) A person seeking relief by filing a petition under this | ||||||
36 | Section must
specify in the petition or its heading that it is |
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1 | filed under this Section.
A trial court that has received a | ||||||
2 | petition complaining of a conviction or
sentence that fails to | ||||||
3 | specify in the petition or its heading that it is
filed under | ||||||
4 | this Section need not evaluate the petition to determine
| ||||||
5 | whether it could otherwise have stated some grounds for relief | ||||||
6 | under
this Article.
| ||||||
7 | (e) A proceeding under this Article may not be commenced on | ||||||
8 | behalf of a
defendant who has been sentenced to death without | ||||||
9 | the written consent of the
defendant, unless the defendant, | ||||||
10 | because of a mental or physical condition, is
incapable of | ||||||
11 | asserting his or her own claim.
| ||||||
12 | (f) Only one petition may be filed by a petitioner under | ||||||
13 | this Article
without leave of the court.
Leave of court may be | ||||||
14 | granted only if a petitioner demonstrates
cause for his or her | ||||||
15 | failure to bring the claim in his or her initial
| ||||||
16 | post-conviction proceedings and prejudice results from that | ||||||
17 | failure. For
purposes
of this subsection (f): (1) a prisoner | ||||||
18 | shows cause by identifying an objective
factor that impeded his | ||||||
19 | or her ability to raise a specific claim during his or
her | ||||||
20 | initial post-conviction proceedings; and (2) a prisoner shows | ||||||
21 | prejudice by
demonstrating that the claim not raised during his | ||||||
22 | or her initial
post-conviction proceedings so infected the | ||||||
23 | trial that the resulting conviction
or
sentence violated due | ||||||
24 | process.
| ||||||
25 | (Source: P.A. 93-493, eff. 1-1-04; 93-605, eff. 11-19-03; | ||||||
26 | revised 12-9-03.)
| ||||||
27 | Section 15. The State Appellate Defender Act is amended by | ||||||
28 | changing Section 10 as follows:
| ||||||
29 | (725 ILCS 105/10) (from Ch. 38, par. 208-10)
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30 | Sec. 10. Powers and duties of State Appellate Defender.
| ||||||
31 | (a) The State Appellate Defender shall represent indigent | ||||||
32 | persons on
appeal in criminal and delinquent minor proceedings, | ||||||
33 | when appointed to do so by
a court under a Supreme Court Rule | ||||||
34 | or law of this State.
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1 | (b) The State Appellate Defender shall submit a budget for | ||||||
2 | the
approval of the State Appellate Defender Commission.
| ||||||
3 | (c) The State Appellate Defender may:
| ||||||
4 | (1) maintain a panel of private attorneys available to | ||||||
5 | serve as
counsel on a case basis;
| ||||||
6 | (2) establish programs, alone or in conjunction with | ||||||
7 | law schools,
for the purpose of utilizing volunteer law | ||||||
8 | students as legal assistants;
| ||||||
9 | (3) cooperate and consult with state agencies, | ||||||
10 | professional
associations, and other groups concerning the | ||||||
11 | causes of criminal
conduct, the rehabilitation and | ||||||
12 | correction of persons charged with and
convicted of crime, | ||||||
13 | the administration of criminal justice, and, in
counties of | ||||||
14 | less than 1,000,000 population, study, design, develop and
| ||||||
15 | implement model systems for the delivery of trial level | ||||||
16 | defender
services, and make an annual report to the General | ||||||
17 | Assembly;
| ||||||
18 | (4) provide investigative services to appointed | ||||||
19 | counsel and county
public defenders;
| ||||||
20 | (5) in cases in which a death sentence is an authorized | ||||||
21 | disposition,
provide trial counsel with the assistance of | ||||||
22 | expert witnesses, investigators,
and mitigation | ||||||
23 | specialists from funds appropriated to the State Appellate
| ||||||
24 | Defender specifically for that
purpose by the General | ||||||
25 | Assembly. The Office of State Appellate Defender shall
not | ||||||
26 | be appointed to serve as trial counsel in capital cases.
| ||||||
27 | (d) For each State fiscal year, the
State Appellate | ||||||
28 | Defender shall appear before the General Assembly and request
| ||||||
29 | appropriations to be made from the Capital Litigation Trust | ||||||
30 | Fund to the State
Treasurer for the purpose of providing | ||||||
31 | defense assistance in capital cases
outside of Cook County and | ||||||
32 | for expenses incurred by the the State Appellate Defender in | ||||||
33 | representing petitioners in capital cases in post-conviction | ||||||
34 | proceedings under Article 122 of the Code of Criminal Procedure | ||||||
35 | of 1963 and in relation to petitions filed under Section 2-1401 | ||||||
36 | of the Code of Civil Procedure in relation to capital cases and |
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| |||||||
1 | for the representation of those petitioners by attorneys | ||||||
2 | approved by or contracted with the State Appellate Defender . | ||||||
3 | The State Appellate Defender may appear before the
General | ||||||
4 | Assembly at other times during the State's fiscal year to | ||||||
5 | request
supplemental appropriations from the Trust Fund to the | ||||||
6 | State Treasurer.
| ||||||
7 | (e) The requirement for reporting to the General Assembly | ||||||
8 | shall be
satisfied
by filing copies of the report with the | ||||||
9 | Speaker, the Minority Leader and
the Clerk of the House of | ||||||
10 | Representatives and the President, the Minority
Leader and the | ||||||
11 | Secretary of the Senate and the Legislative Research
Unit, as | ||||||
12 | required by Section 3.1 of the General Assembly Organization
| ||||||
13 | Act and filing such additional copies with the State Government | ||||||
14 | Report
Distribution Center for
the General Assembly as is | ||||||
15 | required under paragraph (t) of Section 7 of the
State Library | ||||||
16 | Act.
| ||||||
17 | (Source: P.A. 91-589, eff. 1-1-00.)
| ||||||
18 | Section 20. The Capital Crimes Litigation Act is amended by | ||||||
19 | changing Section 15 as follows:
| ||||||
20 | (725 ILCS 124/15)
| ||||||
21 | Sec. 15. Capital Litigation Trust Fund.
| ||||||
22 | (a) The Capital Litigation
Trust Fund is
created as a | ||||||
23 | special fund in the State Treasury. The Trust Fund shall be
| ||||||
24 | administered by
the State
Treasurer to provide moneys for the | ||||||
25 | appropriations to be made, grants to
be awarded, and | ||||||
26 | compensation and expenses to be paid under this Act.
All | ||||||
27 | interest earned from the investment or deposit of moneys | ||||||
28 | accumulated in the
Trust Fund shall, under Section 4.1 of the | ||||||
29 | State Finance Act, be deposited
into the Trust Fund.
| ||||||
30 | (b) Moneys deposited into the Trust Fund shall not be | ||||||
31 | considered general
revenue of the State of Illinois.
| ||||||
32 | (c) Moneys deposited into the Trust Fund shall be used | ||||||
33 | exclusively for the
purposes of
providing funding for the
| ||||||
34 | prosecution
and defense of capital cases and for providing |
| |||||||
| |||||||
1 | funding for post-conviction proceedings in capital cases under | ||||||
2 | Article 122 of the Code of Criminal Procedure of 1963 and in | ||||||
3 | relation to petitions filed under Section 2-1401 of the Code of | ||||||
4 | Civil Procedure in relation to capital cases as provided in | ||||||
5 | this Act and shall not be
appropriated, loaned, or in any
| ||||||
6 | manner
transferred to the General Revenue Fund of the State of | ||||||
7 | Illinois.
| ||||||
8 | (d) Every fiscal year the State Treasurer shall transfer | ||||||
9 | from the General
Revenue Fund to the Capital Litigation Trust | ||||||
10 | Fund an amount equal to the full
amount of moneys appropriated | ||||||
11 | by the General Assembly (both by original and
supplemental
| ||||||
12 | appropriation), less any unexpended balance from the previous | ||||||
13 | fiscal year, from
the Capital Litigation Trust Fund for the | ||||||
14 | specific
purpose of making funding available for the
| ||||||
15 | prosecution and defense of capital cases and for the litigation | ||||||
16 | expenses associated with post-conviction proceedings in | ||||||
17 | capital cases under Article 122 of the Code of Criminal | ||||||
18 | Procedure of 1963 and in relation to petitions filed under | ||||||
19 | Section 2-1401 of the Code of Civil Procedure in relation to | ||||||
20 | capital cases . The Public Defender and State's
Attorney in Cook | ||||||
21 | County, the State Appellate Defender, the State's Attorneys
| ||||||
22 | Appellate Prosecutor, and the Attorney General shall make | ||||||
23 | annual requests for
appropriations from the Trust Fund.
| ||||||
24 | (1) The Public Defender in Cook County shall
request | ||||||
25 | appropriations to the State Treasurer for expenses | ||||||
26 | incurred by
the Public Defender
and for funding for private | ||||||
27 | appointed defense counsel in Cook
County.
| ||||||
28 | (2) The State's Attorney in Cook County
shall request | ||||||
29 | an appropriation to the State Treasurer for expenses | ||||||
30 | incurred
by the State's
Attorney.
| ||||||
31 | (3) The State Appellate Defender shall request a direct | ||||||
32 | appropriation
from the Trust Fund for expenses incurred by | ||||||
33 | the State Appellate Defender in
providing assistance to | ||||||
34 | trial attorneys under item (c)(5) of Section 10 of the
| ||||||
35 | State Appellate Defender Act and for expenses incurred by | ||||||
36 | the State Appellate Defender in representing petitioners |
| |||||||
| |||||||
1 | in capital cases in post-conviction proceedings under | ||||||
2 | Article 122 of the Code of Criminal Procedure of 1963 and | ||||||
3 | in relation to petitions filed under Section 2-1401 of the | ||||||
4 | Code of Civil Procedure in relation to capital cases and | ||||||
5 | for the representation of those petitioners by attorneys | ||||||
6 | approved by or contracted with the State Appellate Defender
| ||||||
7 | and
an appropriation to the State Treasurer for payments | ||||||
8 | from the Trust Fund for
the defense of cases in
counties | ||||||
9 | other than Cook County.
| ||||||
10 | (4) The State's Attorneys Appellate Prosecutor
shall | ||||||
11 | request a direct appropriation from the Trust Fund to pay | ||||||
12 | expenses
incurred by the State's Attorneys Appellate | ||||||
13 | Prosecutor and an appropriation to
the State Treasurer
for | ||||||
14 | payments from the Trust Fund for expenses incurred by | ||||||
15 | State's Attorneys in
counties other than Cook County.
| ||||||
16 | (5) The Attorney General shall request a direct
| ||||||
17 | appropriation from the Trust Fund to pay expenses incurred | ||||||
18 | by the Attorney
General in assisting
the State's Attorneys | ||||||
19 | in counties other than Cook
County and to pay for expenses | ||||||
20 | incurred by the Attorney General when the
Attorney General | ||||||
21 | is ordered by the presiding judge of the Criminal Division | ||||||
22 | of
the Circuit Court of Cook County to prosecute or | ||||||
23 | supervise the prosecution of
Cook County cases and for | ||||||
24 | expenses incurred by the Attorney General in representing | ||||||
25 | the State in post-conviction proceedings in capital cases | ||||||
26 | under Article 122 of the Code of Criminal Procedure of 1963 | ||||||
27 | and in relation to petitions filed under Section 2-1401 of | ||||||
28 | the Code of Civil Procedure in relation to capital cases .
| ||||||
29 | The Public Defender and State's Attorney in Cook County, | ||||||
30 | the State Appellate
Defender, the State's Attorneys Appellate | ||||||
31 | Prosecutor, and the Attorney General
may each request | ||||||
32 | supplemental appropriations from the Trust Fund during the
| ||||||
33 | fiscal
year.
| ||||||
34 | (e) Moneys in the Trust Fund shall be expended only as | ||||||
35 | follows:
| ||||||
36 | (1) To pay the State Treasurer's costs to administer |
| |||||||
| |||||||
1 | the Trust Fund. The
amount
for this purpose may not exceed | ||||||
2 | 5% in any one fiscal year of the
amount otherwise | ||||||
3 | appropriated from the Trust Fund in the same
fiscal year.
| ||||||
4 | (2) To pay the capital litigation
expenses of trial | ||||||
5 | defense and post-conviction proceedings in capital cases | ||||||
6 | under Article 122 of the Code of Criminal Procedure of 1963 | ||||||
7 | and in relation to petitions filed under Section 2-1401 of | ||||||
8 | the Code of Civil Procedure in relation to capital cases
| ||||||
9 | including, but not limited
to, DNA testing, including DNA | ||||||
10 | testing under Section 116-3 of the Code of
Criminal | ||||||
11 | Procedure of 1963, analysis, and expert testimony, | ||||||
12 | investigatory and
other assistance, expert, forensic, and | ||||||
13 | other witnesses,
and mitigation specialists,
and grants | ||||||
14 | and aid
provided to public
defenders , appellate defenders, | ||||||
15 | and any attorney approved by or contracted with the State | ||||||
16 | Appellate Defender representing petitioners in | ||||||
17 | post-conviction proceedings in capital cases under Article | ||||||
18 | 122 of the Code of Criminal Procedure of 1963 and in | ||||||
19 | relation to petitions filed under Section 2-1401 of the | ||||||
20 | Code of Civil Procedure in relation to capital cases or | ||||||
21 | assistance to attorneys who have been appointed by the | ||||||
22 | court to
represent
defendants who are charged with capital | ||||||
23 | crimes.
| ||||||
24 | (3) To pay the compensation of trial attorneys, other | ||||||
25 | than public
defenders or appellate defenders , who
have
been | ||||||
26 | appointed by the court to represent defendants who are | ||||||
27 | charged with
capital crimes or attorneys approved by or | ||||||
28 | contracted with the State Appellate Defender to represent | ||||||
29 | petitioners in post-conviction proceedings in capital | ||||||
30 | cases under Article 122 of the Code of Criminal Procedure | ||||||
31 | of 1963 and in relation to petitions filed under Section | ||||||
32 | 2-1401 of the Code of Civil Procedure in relation to | ||||||
33 | capital cases .
| ||||||
34 | (4) To provide State's Attorneys with funding for | ||||||
35 | capital
litigation expenses and for expenses of | ||||||
36 | representing the State in post-conviction proceedings in |
| |||||||
| |||||||
1 | capital cases under Article 122 of the Code of Criminal | ||||||
2 | Procedure of 1963 and in relation to petitions filed under | ||||||
3 | Section 2-1401 of the Code of Civil Procedure in relation | ||||||
4 | to capital cases including, but not limited to, | ||||||
5 | investigatory and other
assistance and expert,
forensic, | ||||||
6 | and other
witnesses necessary to prosecute capital cases.
| ||||||
7 | State's Attorneys
in any county other than Cook County | ||||||
8 | seeking funding for
capital litigation expenses and for | ||||||
9 | expenses of representing the State in post-conviction | ||||||
10 | proceedings in capital cases under Article 122 of the Code | ||||||
11 | of Criminal Procedure of 1963 and in relation to petitions | ||||||
12 | filed under Section 2-1401 of the Code of Civil Procedure | ||||||
13 | in relation to capital cases including, but not limited to,
| ||||||
14 | investigatory and other assistance
and expert, forensic, | ||||||
15 | or other witnesses under this
Section may request that
the | ||||||
16 | State's Attorneys Appellate Prosecutor or the Attorney | ||||||
17 | General, as the case
may be, certify the expenses as | ||||||
18 | reasonable,
necessary, and appropriate for payment from | ||||||
19 | the Trust Fund, on a form created
by the State Treasurer. | ||||||
20 | Upon certification of the expenses and delivery of the
| ||||||
21 | certification to the State Treasurer, the Treasurer shall | ||||||
22 | pay the expenses
directly from the Capital Litigation Trust | ||||||
23 | Fund if there are sufficient moneys
in the Trust Fund to | ||||||
24 | pay the expenses.
| ||||||
25 | (5) To provide financial support through the
Attorney | ||||||
26 | General pursuant to the Attorney General Act for the
| ||||||
27 | several county State's Attorneys outside of Cook County, | ||||||
28 | but shall not be used
to increase personnel for the | ||||||
29 | Attorney General's Office, except when the
Attorney | ||||||
30 | General is ordered by the presiding judge of the Criminal | ||||||
31 | Division of
the Circuit Court of Cook County to prosecute | ||||||
32 | or supervise the prosecution of
Cook County cases.
| ||||||
33 | (6) To provide financial support through the State's | ||||||
34 | Attorneys Appellate
Prosecutor pursuant to the State's | ||||||
35 | Attorneys Appellate Prosecutor's
Act for the several | ||||||
36 | county State's Attorneys outside of Cook County, but shall
|
| |||||||
| |||||||
1 | not be used to increase personnel for the State's Attorneys | ||||||
2 | Appellate
Prosecutor.
| ||||||
3 | (7) To provide financial support to the State Appellate | ||||||
4 | Defender pursuant
to
the State Appellate Defender Act.
| ||||||
5 | Moneys expended from the Trust Fund shall be in addition to | ||||||
6 | county
funding for Public Defenders and State's Attorneys, and | ||||||
7 | shall not be used to
supplant or reduce ordinary and customary | ||||||
8 | county funding.
| ||||||
9 | (f) Moneys in the Trust Fund shall be appropriated to the | ||||||
10 | State Appellate
Defender, the State's Attorneys Appellate | ||||||
11 | Prosecutor, the Attorney General,
and
the State Treasurer. The | ||||||
12 | State Appellate Defender shall receive an
appropriation from | ||||||
13 | the Trust Fund to enable it to provide assistance to
appointed | ||||||
14 | defense counsel and attorneys approved by or contracted with | ||||||
15 | the State Appellate Defender to represent petitioners in | ||||||
16 | post-conviction proceedings in capital cases under Article 122 | ||||||
17 | of the Code of Criminal Procedure of 1963 and in relation to | ||||||
18 | petitions filed under Section 2-1401 of the Code of Civil | ||||||
19 | Procedure in relation to capital cases throughout the State and | ||||||
20 | to Public Defenders in
counties other than Cook.
The State's
| ||||||
21 | Attorneys Appellate Prosecutor and the Attorney General shall | ||||||
22 | receive
appropriations from the Trust Fund to enable them to | ||||||
23 | provide assistance to
State's Attorneys in counties other than | ||||||
24 | Cook County and when the Attorney
General is ordered by the
| ||||||
25 | presiding judge of the Criminal Division of the Circuit Court | ||||||
26 | of Cook County to
prosecute or supervise the prosecution of | ||||||
27 | Cook County cases.
Moneys shall be appropriated to the State | ||||||
28 | Treasurer to enable the Treasurer (i)
to make grants
to
Cook | ||||||
29 | County, (ii) to pay the expenses of Public Defenders , the State | ||||||
30 | Appellate Defender, the Attorney General, the Office of the | ||||||
31 | State's Attorneys Appellate Prosecutor, and State's
Attorneys | ||||||
32 | in counties other than Cook County, (iii) to pay the expenses | ||||||
33 | and
compensation of appointed defense counsel and attorneys | ||||||
34 | approved by or contracted with the State Appellate Defender to | ||||||
35 | represent petitioners in post-conviction proceedings in | ||||||
36 | capital cases under Article 122 of the Code of Criminal |
| |||||||
| |||||||
1 | Procedure of 1963 and in relation to petitions filed under | ||||||
2 | Section 2-1401 of the Code of Civil Procedure in relation to | ||||||
3 | capital cases in counties other than Cook County,
and (iv) to | ||||||
4 | pay
the
costs of
administering the Trust Fund. All expenditures | ||||||
5 | and grants made from the Trust
Fund shall be subject to audit | ||||||
6 | by the Auditor General.
| ||||||
7 | (g) For Cook County, grants from the Trust Fund shall be
| ||||||
8 | made and administered as follows:
| ||||||
9 | (1) For each State fiscal year, the
State's Attorney | ||||||
10 | and Public Defender must each make a separate application | ||||||
11 | to
the State Treasurer for capital litigation grants.
| ||||||
12 | (2) The State Treasurer shall establish rules and | ||||||
13 | procedures for grant
applications. The rules shall require | ||||||
14 | the Cook County Treasurer as the grant
recipient to report | ||||||
15 | on a
periodic basis to the State Treasurer how much of the | ||||||
16 | grant has been
expended, how much of the grant is | ||||||
17 | remaining, and the purposes for which the
grant has been | ||||||
18 | used. The rules may also require the Cook County Treasurer | ||||||
19 | to
certify on
a periodic basis that expenditures of the | ||||||
20 | funds have been made for expenses
that are reasonable, | ||||||
21 | necessary, and appropriate for payment from the Trust
Fund.
| ||||||
22 | (3) The State Treasurer shall make the grants to the | ||||||
23 | Cook County Treasurer
as soon as possible after the | ||||||
24 | beginning of the State fiscal year.
| ||||||
25 | (4) The State's Attorney or Public Defender may apply | ||||||
26 | for supplemental
grants during the fiscal year.
| ||||||
27 | (5) Grant moneys shall be paid to the Cook County | ||||||
28 | Treasurer in block
grants and
held in separate accounts for
| ||||||
29 | the State's Attorney, the Public Defender, and court | ||||||
30 | appointed defense counsel
other than the Cook County Public | ||||||
31 | Defender, respectively, for the designated
fiscal year, | ||||||
32 | and are not subject to county appropriation.
| ||||||
33 | (6) Expenditure of grant moneys under this subsection | ||||||
34 | (g) is subject to
audit by the Auditor General.
| ||||||
35 | (7) The Cook County Treasurer shall immediately make | ||||||
36 | payment from the
appropriate separate account in the county |
| |||||||
| |||||||
1 | treasury for capital litigation
expenses to the State's | ||||||
2 | Attorney, Public Defender, or court appointed defense
| ||||||
3 | counsel other than the Public Defender, as the case may be, | ||||||
4 | upon
order of the State's Attorney, Public Defender or the | ||||||
5 | court, respectively.
| ||||||
6 | (h) If a defendant in a capital case in Cook County is | ||||||
7 | represented by
court appointed counsel other than the Cook | ||||||
8 | County Public Defender, the
appointed counsel shall petition | ||||||
9 | the court for an order directing the Cook
County Treasurer to | ||||||
10 | pay the court appointed counsel's reasonable and necessary
| ||||||
11 | compensation and capital
litigation expenses from grant moneys | ||||||
12 | provided from the Trust Fund.
These petitions shall be | ||||||
13 | considered in camera. Orders denying petitions for
| ||||||
14 | compensation or expenses are final.
Counsel may not petition | ||||||
15 | for expenses that may have been provided or
compensated by the | ||||||
16 | State
Appellate Defender under item (c)(5) of Section 10 of the | ||||||
17 | State Appellate
Defender Act.
| ||||||
18 | (i) In counties other than Cook County, and when the | ||||||
19 | Attorney General is
ordered by the presiding judge of the | ||||||
20 | Criminal Division of the Circuit Court of
Cook County to | ||||||
21 | prosecute or supervise the prosecution of Cook County cases,
| ||||||
22 | and excluding capital litigation
expenses or services that may | ||||||
23 | have been provided by the State Appellate
Defender under item | ||||||
24 | (c)(5) of
Section 10 of the State Appellate Defender Act:
| ||||||
25 | (1) Upon certification by the circuit court, on a form | ||||||
26 | created by the
State Treasurer, that all or a portion of | ||||||
27 | the
expenses are reasonable, necessary, and appropriate | ||||||
28 | for payment from the Trust
Fund and the court's delivery of | ||||||
29 | the
certification to the Treasurer, the Treasurer shall pay | ||||||
30 | the certified
expenses of Public Defenders and the State | ||||||
31 | Appellate Defender from the money appropriated to the | ||||||
32 | Treasurer for
capital litigation
expenses of Public | ||||||
33 | Defenders and post-conviction proceeding expenses in | ||||||
34 | capital cases of the State Appellate Defender and expenses | ||||||
35 | in relation to petitions filed under Section 2-1401 of the | ||||||
36 | Code of Civil Procedure in relation to capital cases in any |
| |||||||
| |||||||
1 | county other than Cook County, if there are
sufficient | ||||||
2 | moneys in the Trust Fund to pay the expenses.
| ||||||
3 | (2) If a defendant in a capital case is represented by | ||||||
4 | court appointed
counsel other than the Public Defender, the | ||||||
5 | appointed counsel shall petition
the court to certify | ||||||
6 | compensation and capital litigation expenses including,
| ||||||
7 | but not limited to, investigatory and other assistance, | ||||||
8 | expert, forensic, and
other witnesses, and mitigation | ||||||
9 | specialists as reasonable, necessary, and
appropriate for
| ||||||
10 | payment from the Trust Fund. If a petitioner in a capital | ||||||
11 | case who has filed a petition for post-conviction relief | ||||||
12 | under Article 122 of the Code of Criminal Procedure of 1963 | ||||||
13 | or a petition under Section 2-1401 of the Code of Civil | ||||||
14 | Procedure in relation to capital cases is represented by an | ||||||
15 | attorney approved by or contracted with the State Appellate | ||||||
16 | Defender other than the State Appellate Defender, that | ||||||
17 | attorney shall petition
the court to certify compensation | ||||||
18 | and litigation expenses of post-conviction proceedings | ||||||
19 | under Article 122 of the Code of Criminal Procedure of 1963 | ||||||
20 | or in relation to petitions filed under Section 2-1401 of | ||||||
21 | the Code of Civil Procedure in relation to capital cases.
| ||||||
22 | Upon certification
on a form created by the State Treasurer | ||||||
23 | of all or a portion of the
compensation and expenses | ||||||
24 | certified as reasonable, necessary, and appropriate
for | ||||||
25 | payment
from the Trust
Fund and the court's delivery of the | ||||||
26 | certification to the
Treasurer, the State Treasurer shall | ||||||
27 | pay the certified compensation and
expenses from the money
| ||||||
28 | appropriated to the Treasurer for that purpose, if there | ||||||
29 | are sufficient
moneys in the Trust Fund to make those | ||||||
30 | payments.
| ||||||
31 | (3) A petition for capital litigation expenses or | ||||||
32 | post-conviction proceeding expenses or expenses incurred | ||||||
33 | in filing a petition under Section 2-1401 of the Code of | ||||||
34 | Civil Procedure in relation to capital cases under this | ||||||
35 | subsection shall
be considered in camera. Orders denying | ||||||
36 | petitions for compensation or expenses
are final.
|
| |||||||
| |||||||
1 | (j) If the Trust Fund is discontinued or dissolved by an | ||||||
2 | Act of the General
Assembly or by operation of law, any balance | ||||||
3 | remaining in the Trust Fund shall
be returned to the General | ||||||
4 | Revenue Fund after deduction of administrative
costs, any other | ||||||
5 | provision of this Act to the contrary notwithstanding.
| ||||||
6 | (Source: P.A. 93-127, eff. 1-1-04; 93-605, eff. 11-19-03; | ||||||
7 | revised 12-9-03.)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
|