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HB6719 |
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LRB093 18952 RLC 44687 b |
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| disposition,
provide trial counsel with the assistance of |
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| expert witnesses, investigators,
and mitigation |
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| specialists from funds appropriated to the State Appellate
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| Defender specifically for that
purpose by the General |
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| Assembly. The Office of State Appellate Defender shall
not |
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| be appointed to serve as trial counsel in capital cases.
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| Investigators employed by the Death Penalty Trial |
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| Assistance and Capital
Litigation Division of the State |
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| Appellate Defender shall be authorized to
inquire
through the |
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| Illinois State Police or local law enforcement with the Law
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| Enforcement
Agencies Data System (LEADS) under Section |
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| 2605-375 of the Civil Administrative
Code of Illinois to |
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| ascertain whether their potential witnesses have a criminal
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| background, including: (i) warrants; (ii) arrests; (iii) |
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| convictions; and (iv)
officer
safety information. This |
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| authorization applies only to information held on the
State
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| level and shall be used only to protect the personal safety of |
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| the
investigators. Any
information that is obtained through |
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| this inquiry may not be disclosed by the
investigators.
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| (d) For each State fiscal year, the
State Appellate |
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| Defender shall appear before the General Assembly and request
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| appropriations to be made from the Capital Litigation Trust |
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| Fund to the State
Treasurer for the purpose of providing |
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| defense assistance in capital cases
outside of Cook County. The |
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| State Appellate Defender may appear before the
General Assembly |
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| at other times during the State's fiscal year to request
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| supplemental appropriations from the Trust Fund to the State |
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| Treasurer.
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| (e) The requirement for reporting to the General Assembly |
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| shall be
satisfied
by filing copies of the report with the |
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| Speaker, the Minority Leader and
the Clerk of the House of |
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| Representatives and the President, the Minority
Leader and the |
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| Secretary of the Senate and the Legislative Research
Unit, as |
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| required by Section 3.1 of the General Assembly Organization
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| Act and filing such additional copies with the State Government |
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| Report
Distribution Center for
the General Assembly as is |