HB7291 93RD GENERAL ASSEMBLY

LRB093 21618 RLC 49090 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7291

Introduced 04/09/04, by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

725 ILCS 124/2 new
725 ILCS 124/5
725 ILCS 124/10

Amends the Capital Crimes Litigation Act. Provides that the funding provisions of the Act are available to the State and defense in any case involving an offense for which the sentence of death may be imposed as a consequence of conviction, regardless of whether or not the State's Attorney indicated that he or she would seek the death penalty in that case. Provides that these provisions are retroactive to any capital case that is pending at the time of enactment or that is prosecuted on or after its effective date. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Capital Crimes Litigation Act is amended by changing Sections 5 and 10 and by adding Section 2 as follows:

(725 ILCS 124/2 new)

Sec. 2. Definition. In this Act, "capital case" means any case involving an offense for which the death penalty may be imposed as a consequence of conviction, regardless of whether or not the State's Attorney intends to seek the death penalty in that case.

(725 ILCS 124/5)

Sec. 5. Appointment of trial counsel in death penalty cases. If an indigent defendant is charged with an offense for which a sentence of death is authorized, and the State's Attorney has not, at or before arraignment, filed a certificate indicating he or she will not seek the death penalty or stated on the record in open court that the death penalty will not be sought, the trial court shall immediately appoint the Public Defender, or such other qualified attorney or attorneys as the Illinois Supreme Court shall by rule provide, to represent the defendant as trial counsel. If the Public Defender is appointed, he or she shall immediately assign such attorney or attorneys who are public defenders to represent the defendant. The counsel shall meet the qualifications as the Supreme Court shall by rule provide.

(Source: P.A. 91-589, eff. 1-1-00.)

(725 ILCS 124/10)

Sec. 10. Court appointed trial counsel; compensation and expenses.

(a) This Section applies only to compensation and expenses of trial counsel appointed by the court as set forth in Section 5, other than public defenders, for the period after arraignment and so long as the State's Attorney has not, at any time, filed a certificate indicating he or she will not seek the death penalty or stated on the record in open court that the death penalty will not be sought.

(b) Appointed trial counsel shall be compensated upon presentment and certification by the circuit court of a claim for services detailing the date, activity, and time duration for which compensation is sought. Compensation for appointed trial counsel may be paid at a reasonable rate not to exceed $125 per hour.

Beginning in 2001, every January 20, the statutory rate prescribed in this subsection shall be automatically increased or decreased, as applicable, by a percentage equal to the percentage change in the consumer price index-u during the preceding 12-month calendar year. "Consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84=100. The new rate resulting from each annual adjustment shall be determined by the State Treasurer and made available to the chief judge of each judicial circuit.

(c) Appointed trial counsel may also petition the court for certification of expenses for reasonable and necessary capital litigation expenses including, but not limited to, investigatory and other assistance, expert, forensic, and other witnesses, and mitigation specialists. Counsel may not petition for certification of expenses that may have been provided or compensated by the State Appellate Defender under item (c)(5) of Section 10 of the State Appellate Defender Act.

(d) Appointed trial counsel shall petition the court for certification of compensation and expenses under this Section periodically during the course of counsel's representation. If the court determines that the compensation and expenses should be paid from the Capital Litigation Trust Fund, the court shall certify, on a form created by the State Treasurer, that all or a designated portion of the amount requested is reasonable, necessary, and appropriate for payment from the Trust Fund. Certification of compensation and expenses by a court in any county other than Cook County shall be delivered by the court to the State Treasurer and paid by the State Treasurer directly from the Capital Litigation Trust Fund if there are sufficient moneys in the Trust Fund to pay the compensation and expenses. Certification of compensation and expenses by a court in Cook County shall be delivered by the court to the county treasurer and paid by the county treasurer from moneys granted to the county from the Capital Litigation Trust Fund.

(Source: P.A. 91-589, eff. 1-1-00.)

Section 95. Applicability. This amendatory Act of the 93rd General Assembly is applicable to any capital case pending on its effective date and to capital cases prosecuted on or after its effective date.

Section 99. Effective date. This Act takes effect upon becoming law.