093_HB0579enr HB0579 Enrolled LRB093 05577 MBS 05669 b 1 AN ACT concerning the death penalty. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Capital Crimes Litigation Act is amended 5 by changing Section 15 as follows: 6 (725 ILCS 124/15) 7 (Section scheduled to be repealed on July 1, 2004) 8 Sec. 15. Capital Litigation Trust Fund. 9 (a) The Capital Litigation Trust Fund is created as a 10 special fund in the State Treasury. The Trust Fund shall be 11 administered by the State Treasurer to provide moneys for the 12 appropriations to be made, grants to be awarded, and 13 compensation and expenses to be paid under this Act. All 14 interest earned from the investment or deposit of moneys 15 accumulated in the Trust Fund shall, under Section 4.1 of the 16 State Finance Act, be deposited into the Trust Fund. 17 (b) Moneys deposited into the Trust Fund shall not be 18 considered general revenue of the State of Illinois. 19 (c) Moneys deposited into the Trust Fund shall be used 20 exclusively for the purposes of providing funding for the 21 prosecution and defense of capital cases as provided in this 22 Act and shall not be appropriated, loaned, or in any manner 23 transferred to the General Revenue Fund of the State of 24 Illinois. 25 (d) Every fiscal year the State Treasurer shall transfer 26 from the General Revenue Fund to the Capital Litigation Trust 27 Fund an amount equal to the full amount of moneys 28 appropriated by the General Assembly (both by original and 29 supplemental appropriation), less any unexpended balance from 30 the previous fiscal year, from the Capital Litigation Trust 31 Fund for the specific purpose of making funding available for HB0579 Enrolled -2- LRB093 05577 MBS 05669 b 1 the prosecution and defense of capital cases. The Public 2 Defender and State's Attorney in Cook County, the State 3 Appellate Defender, the State's Attorneys Appellate 4 Prosecutor, and the Attorney General shall make annual 5 requests for appropriations from the Trust Fund. 6 (1) The Public Defender in Cook County shall 7 request appropriations to the State Treasurer for 8 expenses incurred by the Public Defender and for funding 9 for private appointed defense counsel in Cook County. 10 (2) The State's Attorney in Cook County shall 11 request an appropriation to the State Treasurer for 12 expenses incurred by the State's Attorney. 13 (3) The State Appellate Defender shall request a 14 direct appropriation from the Trust Fund for expenses 15 incurred by the State Appellate Defender in providing 16 assistance to trial attorneys under item (c)(5) of 17 Section 10 of the State Appellate Defender Act and an 18 appropriation to the State Treasurer for payments from 19 the Trust Fund for the defense of cases in counties other 20 than Cook County. 21 (4) The State's Attorneys Appellate Prosecutor 22 shall request a direct appropriation from the Trust Fund 23 to pay expenses incurred by the State's Attorneys 24 Appellate Prosecutor and an appropriation to the State 25 Treasurer for payments from the Trust Fund for expenses 26 incurred by State's Attorneys in counties other than Cook 27 County. 28 (5) The Attorney General shall request a direct 29 appropriation from the Trust Fund to pay expenses 30 incurred by the Attorney General in assisting the State's 31 Attorneys in counties other than Cook County and to pay 32 for expenses incurred by the Attorney General when the 33 Attorney General is ordered by the presiding judge of the 34 Criminal Division of the Circuit Court of Cook County to HB0579 Enrolled -3- LRB093 05577 MBS 05669 b 1 prosecute or supervise the prosecution of Cook County 2 cases. 3 The Public Defender and State's Attorney in Cook County, 4 the State Appellate Defender, the State's Attorneys Appellate 5 Prosecutor, and the Attorney General may each request 6 supplemental appropriations from the Trust Fund during the 7 fiscal year. 8 (e) Moneys in the Trust Fund shall be expended only as 9 follows: 10 (1) To pay the State Treasurer's costs to 11 administer the Trust Fund. The amount for this purpose 12 may not exceed 5% in any one fiscal year of the amount 13 otherwise appropriated from the Trust Fund in the same 14 fiscal year. 15 (2) To pay the capital litigation expenses of trial 16 defense including, but not limited to, investigatory and 17 other assistance, expert, forensic, and other witnesses, 18 and mitigation specialists, and grants and aid provided 19 to public defenders or assistance to attorneys who have 20 been appointed by the court to represent defendants who 21 are charged with capital crimes. 22 (3) To pay the compensation of trial attorneys, 23 other than public defenders, who have been appointed by 24 the court to represent defendants who are charged with 25 capital crimes. 26 (4) To provide State's Attorneys with funding for 27 capital litigation expenses including, but not limited 28 to, investigatory and other assistance and expert, 29 forensic, and other witnesses necessary to prosecute 30 capital cases. State's Attorneys in any county other 31 than Cook County seeking funding for capital litigation 32 expenses including, but not limited to, investigatory and 33 other assistance and expert, forensic, or other witnesses 34 under this Section may request that the State's Attorneys HB0579 Enrolled -4- LRB093 05577 MBS 05669 b 1 Appellate Prosecutor or the Attorney General, as the case 2 may be, certify the expenses as reasonable, necessary, 3 and appropriate for payment from the Trust Fund, on a 4 form created by the State Treasurer. Upon certification 5 of the expenses and delivery of the certification to the 6 State Treasurer, the Treasurer shall pay the expenses 7 directly from the Capital Litigation Trust Fund if there 8 are sufficient moneys in the Trust Fund to pay the 9 expenses. 10 (5) To provide financial support through the 11 Attorney General pursuant to the Attorney General Act for 12 the several county State's Attorneys outside of Cook 13 County, but shall not be used to increase personnel for 14 the Attorney General's Office, except when the Attorney 15 General is ordered by the presiding judge of the Criminal 16 Division of the Circuit Court of Cook County to prosecute 17 or supervise the prosecution of Cook County cases. 18 (6) To provide financial support through the 19 State's Attorneys Appellate Prosecutor pursuant to the 20 State's Attorneys Appellate Prosecutor's Act for the 21 several county State's Attorneys outside of Cook County, 22 but shall not be used to increase personnel for the 23 State's Attorneys Appellate Prosecutor. 24 (7) To provide financial support to the State 25 Appellate Defender pursuant to the State Appellate 26 Defender Act. 27 Moneys expended from the Trust Fund shall be in addition 28 to county funding for Public Defenders and State's Attorneys, 29 and shall not be used to supplant or reduce ordinary and 30 customary county funding. 31 (f) Moneys in the Trust Fund shall be appropriated to 32 the State Appellate Defender, the State's Attorneys Appellate 33 Prosecutor, the Attorney General, and the State Treasurer. 34 The State Appellate Defender shall receive an appropriation HB0579 Enrolled -5- LRB093 05577 MBS 05669 b 1 from the Trust Fund to enable it to provide assistance to 2 appointed defense counsel throughout the State and to Public 3 Defenders in counties other than Cook. The State's Attorneys 4 Appellate Prosecutor and the Attorney General shall receive 5 appropriations from the Trust Fund to enable them to provide 6 assistance to State's Attorneys in counties other than Cook 7 County and when the Attorney General is ordered by the 8 presiding judge of the Criminal Division of the Circuit Court 9 of Cook County to prosecute or supervise the prosecution of 10 Cook County cases. Moneys shall be appropriated to the State 11 Treasurer to enable the Treasurer (i) to make grants to Cook 12 County, (ii) to pay the expenses of Public Defenders and 13 State's Attorneys in counties other than Cook County, (iii) 14 to pay the expenses and compensation of appointed defense 15 counsel in counties other than Cook County, and (iv) to pay 16 the costs of administering the Trust Fund. All expenditures 17 and grants made from the Trust Fund shall be subject to audit 18 by the Auditor General. 19 (g) For Cook County, grants from the Trust Fund shall be 20 made and administered as follows: 21 (1) For each State fiscal year, the State's 22 Attorney and Public Defender must each make a separate 23 application to the State Treasurer for capital litigation 24 grants. 25 (2) The State Treasurer shall establish rules and 26 procedures for grant applications. The rules shall 27 require the Cook County Treasurer as the grant recipient 28 to report on a periodic basis to the State Treasurer how 29 much of the grant has been expended, how much of the 30 grant is remaining, and the purposes for which the grant 31 has been used. The rules may also require the Cook 32 County Treasurer to certify on a periodic basis that 33 expenditures of the funds have been made for expenses 34 that are reasonable, necessary, and appropriate for HB0579 Enrolled -6- LRB093 05577 MBS 05669 b 1 payment from the Trust Fund. 2 (3) The State Treasurer shall make the grants to 3 the Cook County Treasurer as soon as possible after the 4 beginning of the State fiscal year. 5 (4) The State's Attorney or Public Defender may 6 apply for supplemental grants during the fiscal year. 7 (5) Grant moneys shall be paid to the Cook County 8 Treasurer in block grants and held in separate accounts 9 for the State's Attorney, the Public Defender, and court 10 appointed defense counsel other than the Cook County 11 Public Defender, respectively, for the designated fiscal 12 year, and are not subject to county appropriation. 13 (6) Expenditure of grant moneys under this 14 subsection (g) is subject to audit by the Auditor 15 General. 16 (7) The Cook County Treasurer shall immediately 17 make payment from the appropriate separate account in the 18 county treasury for capital litigation expenses to the 19 State's Attorney, Public Defender, or court appointed 20 defense counsel other than the Public Defender, as the 21 case may be, upon order of the State's Attorney, Public 22 Defender or the court, respectively. 23 (h) If a defendant in a capital case in Cook County is 24 represented by court appointed counsel other than the Cook 25 County Public Defender, the appointed counsel shall petition 26 the court for an order directing the Cook County Treasurer to 27 pay the court appointed counsel's reasonable and necessary 28 compensation and capital litigation expenses from grant 29 moneys provided from the Trust Fund. These petitions shall be 30 considered in camera. Orders denying petitions for 31 compensation or expenses are final. Counsel may not petition 32 for expenses that may have been provided or compensated by 33 the State Appellate Defender under item (c)(5) of Section 10 34 of the State Appellate Defender Act. HB0579 Enrolled -7- LRB093 05577 MBS 05669 b 1 (i) In counties other than Cook County, and when the 2 Attorney General is ordered by the presiding judge of the 3 Criminal Division of the Circuit Court of Cook County to 4 prosecute or supervise the prosecution of Cook County cases, 5 and excluding capital litigation expenses or services that 6 may have been provided by the State Appellate Defender under 7 item (c)(5) of Section 10 of the State Appellate Defender 8 Act: 9 (1) Upon certification by the circuit court, on a 10 form created by the State Treasurer, that all or a 11 portion of the expenses are reasonable, necessary, and 12 appropriate for payment from the Trust Fund and the 13 court's delivery of the certification to the Treasurer, 14 the Treasurer shall pay the certified expenses of Public 15 Defenders from the money appropriated to the Treasurer 16 for capital litigation expenses of Public Defenders in 17 any county other than Cook County, if there are 18 sufficient moneys in the Trust Fund to pay the expenses. 19 (2) If a defendant in a capital case is represented 20 by court appointed counsel other than the Public 21 Defender, the appointed counsel shall petition the court 22 to certify compensation and capital litigation expenses 23 including, but not limited to, investigatory and other 24 assistance, expert, forensic, and other witnesses, and 25 mitigation specialists as reasonable, necessary, and 26 appropriate for payment from the Trust Fund. Upon 27 certification on a form created by the State Treasurer of 28 all or a portion of the compensation and expenses 29 certified as reasonable, necessary, and appropriate for 30 payment from the Trust Fund and the court's delivery of 31 the certification to the Treasurer, the State Treasurer 32 shall pay the certified compensation and expenses from 33 the money appropriated to the Treasurer for that purpose, 34 if there are sufficient moneys in the Trust Fund to make HB0579 Enrolled -8- LRB093 05577 MBS 05669 b 1 those payments. 2 (3) A petition for capital litigation expenses 3 under this subsection shall be considered in camera. 4 Orders denying petitions for compensation or expenses are 5 final. 6 (j) If the Trust Fund is discontinued or dissolved by an 7 Act of the General Assembly or by operation of law, any 8 balance remaining in the Trust Fund shall be returned to the 9 General Revenue Fund after deduction of administrative costs, 10 any other provision of this Act to the contrary 11 notwithstanding. 12 (Source: P.A. 91-589, eff. 1-1-00.)