093_SB0470sam001

 










                                     LRB093 09673 RLC 12243 a

 1                    AMENDMENT TO SENATE BILL 470

 2        AMENDMENT NO.     .  Amend Senate Bill 470 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section  5.  The Illinois Police Training Act is amended
 6    by changing Section 6.1 as follows:

 7        (50 ILCS 705/6.1)
 8        Sec.  6.1.  Decertification  of  full-time  and part-time
 9    police officers.
10        (a)  The Board must review  police  officer  conduct  and
11    records  to  ensure  that  no  police officer is certified or
12    provided a valid waiver if that police officer has been:
13             (1)  convicted of a felony offense under the laws of
14        this State or any other state which if committed in  this
15        State would be punishable as a felony;.
16             (2)  The  Board  must  also  ensure  that  no police
17        officer is certified or provided a valid waiver  if  that
18        police  officer  has  been  convicted  on  or  after  the
19        effective  date  of  this  amendatory  Act of 1999 of any
20        misdemeanor specified in this Section or if committed  in
21        any  other  state  would be an offense similar to Section
 
                            -2-      LRB093 09673 RLC 12243 a
 1        11-6, 11-9.1, 11-14, 11-17,  11-19,  12-2,  12-15,  16-1,
 2        17-1,  17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
 3        of the Criminal Code of 1961 or to Section 5  or  5.2  of
 4        the Cannabis Control Act; or
 5             (3)  the subject of an administrative determination,
 6        conducted  pursuant  to  the rules and regulations of the
 7        law enforcement agency or department employing the police
 8        officer, of knowingly committing perjury in a criminal or
 9        quasicriminal  proceeding.   For  the  purposes  of  this
10        subsection, "perjury" shall have the meaning as set forth
11        in Section 32-2 of the Criminal Code of 1961.
12        The Board  must  appoint  investigators  to  enforce  the
13    duties conferred upon the Board by this Act.
14        (b)  It is the responsibility of the sheriff or the chief
15    executive  officer  of  every local law enforcement agency or
16    department within this State  to  report  to  the  Board  any
17    arrest,   administrative   determination   of   perjury,   or
18    conviction  of  any officer for an offense identified in this
19    Section.
20        (c)  It is the duty and responsibility of every full-time
21    and part-time police officer in this State to report  to  the
22    Board  within  30  days,  and  the officer's sheriff or chief
23    executive officer,  of  his  or  her  arrest,  administrative
24    determination  of  perjury,  or  conviction  for  an  offense
25    identified in this Section. Any full-time or part-time police
26    officer who knowingly makes, submits, causes to be submitted,
27    or  files a false or untruthful report to the Board must have
28    his or her certificate or waiver immediately  decertified  or
29    revoked.
30        (d)  Any person, or a local or State agency, or the Board
31    is  immune  from  liability  for  submitting,  disclosing, or
32    releasing    information    of    arrests,     administrative
33    determinations  of perjury, or convictions in this Section as
34    long as the information is submitted, disclosed, or  released
 
                            -3-      LRB093 09673 RLC 12243 a
 1    in  good  faith  and  without malice. The Board has qualified
 2    immunity for the release of the information.
 3        (e)  Any full-time or part-time  police  officer  with  a
 4    certificate or waiver issued by the Board who is convicted of
 5    any  offense  described  in  this Section or is subject to an
 6    administrative determination of perjury immediately   becomes
 7    decertified   or   no   longer   has   a  valid  waiver.  The
 8    decertification and invalidity of waivers occurs as a  matter
 9    of  law. Failure of a convicted person to report to the Board
10    his or her conviction as described in  this  Section  or  any
11    continued   law   enforcement   practice  after  receiving  a
12    conviction  is a Class 4 felony.
13        (f)   The Board's investigators are  peace  officers  and
14    have  all  the powers possessed by policemen in cities and by
15    sheriff's, provided that the investigators may exercise those
16    powers  anywhere  in  the  State,  only  after  contact   and
17    cooperation   with  the  appropriate  local  law  enforcement
18    authorities.
19        (g)  The Board must request and receive  information  and
20    assistance  from  any  federal,  state, or local governmental
21    agency  as  part  of  the  authorized   criminal   background
22    investigation.   The Department of State Police must process,
23    retain, and additionally provide and disseminate  information
24    to   the   Board   concerning   criminal   charges,  arrests,
25    convictions, and their  disposition,  that  have  been  filed
26    before,  on,  or  after the effective date of this amendatory
27    Act of the 91st General  Assembly  against  a  basic  academy
28    applicant,  law  enforcement  applicant,  or  law enforcement
29    officer whose fingerprint identification cards are on file or
30    maintained by the Department of State  Police.   The  Federal
31    Bureau  of  Investigation must provide the Board any criminal
32    history record information contained in its files  pertaining
33    to  law  enforcement  officers  or  any  applicant to a Board
34    certified basic law enforcement academy as described in  this
 
                            -4-      LRB093 09673 RLC 12243 a
 1    Act  based on fingerprint identification. The Board must make
 2    payment of fees to the Department of State  Police  for  each
 3    fingerprint   card   submission   in   conformance  with  the
 4    requirements of paragraph 22 of  Section  55a  of  the  Civil
 5    Administrative Code of Illinois.
 6    (Source: P.A. 91-495, eff. 1-1-00.)

 7        Section   10.   The  Criminal  Code of 1961 is amended by
 8    changing Section 9-1 as follows:

 9        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
10        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
11    Exceptions - Separate Hearings - Proof - Findings - Appellate
12    procedures - Reversals.
13        (a)  A person who  kills  an  individual  without  lawful
14    justification  commits  first degree murder if, in performing
15    the acts which cause the death:
16             (1)  he either intends to kill or  do  great  bodily
17        harm  to  that  individual or another, or knows that such
18        acts will cause death to that individual or another; or
19             (2)  he  knows  that  such  acts  create  a   strong
20        probability  of  death  or  great  bodily  harm  to  that
21        individual or another; or
22             (3)  he  is  attempting  or  committing  a  forcible
23        felony other than second degree murder.
24        (b)  Aggravating Factors.  A defendant who at the time of
25    the  commission  of the offense has attained the age of 18 or
26    more and who has been found guilty of first degree murder may
27    be sentenced to death if:
28             (1)  the murdered individual was a peace officer  or
29        fireman  killed  in the course of performing his official
30        duties,  to  prevent  the  performance  of  his  official
31        duties, or in retaliation  for  performing  his  official
32        duties,  and the defendant knew or should have known that
 
                            -5-      LRB093 09673 RLC 12243 a
 1        the murdered individual was a peace officer  or  fireman;
 2        or
 3             (2)  the  murdered  individual was an employee of an
 4        institution or facility of the Department of Corrections,
 5        or any similar local correctional agency, killed  in  the
 6        course  of performing his official duties, to prevent the
 7        performance of his official duties, or in retaliation for
 8        performing  his  official   duties,   or   the   murdered
 9        individual  was an inmate at such institution or facility
10        and was killed on the grounds thereof,  or  the  murdered
11        individual  was  otherwise present in such institution or
12        facility with the knowledge and  approval  of  the  chief
13        administrative officer thereof; or
14             (3)  the  defendant  has been convicted of murdering
15        two or more individuals  under  subsection  (a)  of  this
16        Section  or  under any law of the United States or of any
17        state which is substantially similar to subsection (a) of
18        this Section regardless  of whether the  deaths  occurred
19        as  the  result  of the same act or of several related or
20        unrelated acts so long as the deaths were the  result  of
21        either  an  intent  to  kill  more  than one person or of
22        separate acts which the defendant knew would cause  death
23        or  create  a strong probability of death or great bodily
24        harm to the murdered individual or another; or
25             (4)  the murdered individual was killed as a  result
26        of  the  hijacking  of  an  airplane, train, ship, bus or
27        other public conveyance; or
28             (5)  the defendant committed the murder pursuant  to
29        a contract, agreement or understanding by which he was to
30        receive   money  or  anything  of  value  in  return  for
31        committing the murder or procured another to  commit  the
32        murder for money or anything of value; or
33             (6)  the  murdered  individual  was  killed  in  the
34        course of another felony if:
 
                            -6-      LRB093 09673 RLC 12243 a
 1                  (a)  the murdered individual:
 2                       (i)  was actually killed by the defendant,
 3                  or
 4                       (ii)  received      physical      injuries
 5                  personally    inflicted    by   the   defendant
 6                  substantially contemporaneously  with  physical
 7                  injuries  caused  by  one  or  more persons for
 8                  whose  conduct   the   defendant   is   legally
 9                  accountable under Section 5-2 of this Code, and
10                  the  physical  injuries inflicted by either the
11                  defendant or the other person  or  persons  for
12                  whose  conduct he is legally accountable caused
13                  the death of the murdered individual; and
14                  (b)  in performing the acts  which  caused  the
15             death  of  the murdered individual or which resulted
16             in physical injuries  personally  inflicted  by  the
17             defendant  on  the  murdered  individual  under  the
18             circumstances  of  subdivision  (ii) of subparagraph
19             (a) of paragraph  (6)  of  subsection  (b)  of  this
20             Section, the defendant acted with the intent to kill
21             the  murdered  individual or with the knowledge that
22             his acts created a strong probability  of  death  or
23             great  bodily  harm  to  the  murdered individual or
24             another; and
25                  (c)  the other felony was an inherently violent
26             crime one of the  following:  armed  robbery,  armed
27             violence, robbery, predatory criminal sexual assault
28             of  a  child,  aggravated  criminal  sexual assault,
29             aggravated    kidnapping,    aggravated    vehicular
30             hijacking,  forcible  detention,  arson,  aggravated
31             arson, aggravated  stalking,  burglary,  residential
32             burglary,  home  invasion,  calculated criminal drug
33             conspiracy as defined in Section 405 of the Illinois
34             Controlled Substances Act, streetgang criminal  drug
 
                            -7-      LRB093 09673 RLC 12243 a
 1             conspiracy  as  defined  in  Section  405.2  of  the
 2             Illinois  Controlled  Substances Act, or the attempt
 3             to commit  an  inherently  violent  crime.  In  this
 4             subparagraph   (c),   "inherently   violent   crime"
 5             includes,  but  is  not  limited  to, armed robbery,
 6             robbery, predatory  criminal  sexual  assault  of  a
 7             child,    aggravated    criminal   sexual   assault,
 8             aggravated    kidnapping,    aggravated    vehicular
 9             hijacking, aggravated  arson,  aggravated  stalking,
10             residential  burglary,  and home invasion any of the
11             felonies listed in this subsection (c); or
12             (7)  the murdered individual was under 12  years  of
13        age  and  the death resulted from exceptionally brutal or
14        heinous behavior indicative of wanton cruelty; or
15             (8)  the defendant committed the murder with  intent
16        to prevent the murdered individual from testifying in any
17        criminal prosecution or giving material assistance to the
18        State in any investigation or prosecution, either against
19        the  defendant or another; or the defendant committed the
20        murder because the murdered individual was a  witness  in
21        any  prosecution or gave material assistance to the State
22        in any investigation or prosecution, either  against  the
23        defendant or another; or
24             (9)  the  defendant,  while  committing  an  offense
25        punishable  under Sections 401, 401.1, 401.2, 405, 405.2,
26        407 or 407.1 or subsection (b)  of  Section  404  of  the
27        Illinois Controlled Substances Act, or while engaged in a
28        conspiracy   or  solicitation  to  commit  such  offense,
29        intentionally  killed   an   individual   or   counseled,
30        commanded,  induced,  procured  or caused the intentional
31        killing of the murdered individual; or
32             (10)  the   defendant   was   incarcerated   in   an
33        institution or facility of the Department of  Corrections
34        at  the  time  of  the  murder,  and  while committing an
 
                            -8-      LRB093 09673 RLC 12243 a
 1        offense punishable as a felony  under  Illinois  law,  or
 2        while  engaged  in a conspiracy or solicitation to commit
 3        such  offense,  intentionally  killed  an  individual  or
 4        counseled, commanded, induced,  procured  or  caused  the
 5        intentional killing of the murdered individual; or
 6             (11)  the murder was committed in a cold, calculated
 7        and  premeditated manner pursuant to a preconceived plan,
 8        scheme or design to take a human life by unlawful  means,
 9        and  the  conduct  of  the defendant created a reasonable
10        expectation that the death of a human being would  result
11        therefrom; or
12             (12)  the   murdered  individual  was  an  emergency
13        medical  technician  -   ambulance,   emergency   medical
14        technician - intermediate, emergency medical technician -
15        paramedic,  ambulance driver, or other medical assistance
16        or first aid personnel, employed  by  a  municipality  or
17        other   governmental   unit,  killed  in  the  course  of
18        performing  his   official   duties,   to   prevent   the
19        performance of his official duties, or in retaliation for
20        performing his official duties, and the defendant knew or
21        should  have  known  that  the murdered individual was an
22        emergency  medical  technician  -  ambulance,   emergency
23        medical  technician  -  intermediate,  emergency  medical
24        technician   -  paramedic,  ambulance  driver,  or  other
25        medical assistance or first aid personnel; or
26             (13)  the defendant was a  principal  administrator,
27        organizer,  or  leader  of  a  calculated  criminal  drug
28        conspiracy  consisting  of  a  hierarchical  position  of
29        authority  superior  to  that of all other members of the
30        conspiracy,  and  the  defendant  counseled,   commanded,
31        induced,  procured,  or caused the intentional killing of
32        the murdered person; or
33             (14)  the murder was intentional  and  involved  the
34        infliction  of  torture.  For the purpose of this Section
 
                            -9-      LRB093 09673 RLC 12243 a
 1        torture means the infliction of or subjection to  extreme
 2        physical  pain,  motivated  by  an  intent to increase or
 3        prolong the pain, suffering or agony of the victim; or
 4             (15)  the murder was committed as a  result  of  the
 5        intentional  discharge of a firearm by the defendant from
 6        a motor vehicle and the victim was not present within the
 7        motor vehicle; or
 8             (16)  the murdered individual was 60 years of age or
 9        older and the death resulted from exceptionally brutal or
10        heinous behavior indicative of wanton cruelty; or
11             (17)  the murdered individual was a disabled  person
12        and  the  defendant  knew  or  should have known that the
13        murdered individual was disabled.  For purposes  of  this
14        paragraph  (17),  "disabled  person"  means  a person who
15        suffers from a permanent physical  or  mental  impairment
16        resulting from disease, an injury, a functional disorder,
17        or   a  congenital  condition  that  renders  the  person
18        incapable of adequately providing  for  his  or  her  own
19        health or personal care; or
20             (18)  the  murder  was  committed  by  reason of any
21        person's activity as a community policing volunteer or to
22        prevent  any  person  from  engaging  in  activity  as  a
23        community policing volunteer; or
24             (19)  the murdered  individual  was  subject  to  an
25        order  of  protection  and  the murder was committed by a
26        person against whom the  same  order  of  protection  was
27        issued  under the Illinois Domestic Violence Act of 1986;
28        or
29             (20)  the  murdered  individual  was  known  by  the
30        defendant to be a teacher or other person employed in any
31        school and the teacher or  other  employee  is  upon  the
32        grounds  of  a school or grounds adjacent to a school, or
33        is in any part of a building used for school purposes; or
34             (21)  the murder was committed by the  defendant  in
 
                            -10-     LRB093 09673 RLC 12243 a
 1        connection  with  or  as  a  result  of  the  offense  of
 2        terrorism as defined in Section 29D-30 of this Code.
 3          (c)  Consideration   of   factors  in  Aggravation  and
 4    Mitigation.
 5        The court shall consider, or shall instruct the  jury  to
 6    consider any aggravating and any mitigating factors which are
 7    relevant to the imposition of the death penalty.  Aggravating
 8    factors  may include but need not be limited to those factors
 9    set forth in subsection (b). Mitigating factors  may  include
10    but need not be limited to the following:
11             (1)  the  defendant  has  no  significant history of
12        prior criminal activity;
13             (2)  the murder was committed  while  the  defendant
14        was  under  the  influence of extreme mental or emotional
15        disturbance, although not such as to constitute a defense
16        to prosecution;
17             (3)  the murdered individual was  a  participant  in
18        the  defendant's  homicidal  conduct  or consented to the
19        homicidal act;
20             (4)  the defendant acted  under  the  compulsion  of
21        threat  or  menace of the imminent infliction of death or
22        great bodily harm;
23             (5)  the defendant was not personally present during
24        commission of the act or acts causing death;.
25             (6)  the defendant's background includes  a  history
26        of extreme emotional or physical abuse;
27             (7)  the  defendant  suffers  from  a reduced mental
28        capacity.
29        (d)  Separate sentencing hearing.
30        Where requested by the State, the court shall  conduct  a
31    separate  sentencing proceeding to determine the existence of
32    factors set forth in  subsection  (b)  and  to  consider  any
33    aggravating  or mitigating factors as indicated in subsection
34    (c).  The proceeding shall be conducted:
 
                            -11-     LRB093 09673 RLC 12243 a
 1             (1)  before the jury that determined the defendant's
 2        guilt; or
 3             (2)  before a jury impanelled for the purpose of the
 4        proceeding if:
 5                  A.  the defendant was convicted upon a plea  of
 6             guilty; or
 7                  B.  the  defendant  was convicted after a trial
 8             before the court sitting without a jury; or
 9                  C.  the court for good cause  shown  discharges
10             the jury that determined the defendant's guilt; or
11             (3)  before  the court alone if the defendant waives
12        a jury for the separate proceeding.
13        (e)  Evidence and Argument.
14        During the proceeding any information relevant to any  of
15    the  factors  set forth in subsection (b) may be presented by
16    either the State or the defendant under the  rules  governing
17    the   admission   of   evidence   at  criminal  trials.   Any
18    information relevant to any additional aggravating factors or
19    any mitigating factors indicated in  subsection  (c)  may  be
20    presented  by  the  State  or  defendant  regardless  of  its
21    admissibility  under  the  rules  governing  the admission of
22    evidence at criminal trials.  The  State  and  the  defendant
23    shall  be  given  fair  opportunity  to rebut any information
24    received at the hearing.
25        (f)  Proof.
26        The burden of proof of establishing the existence of  any
27    of  the  factors  set forth in subsection (b) is on the State
28    and shall  not  be  satisfied  unless  established  beyond  a
29    reasonable doubt.
30        (g)  Procedure - Jury.
31        If  at  the separate sentencing proceeding the jury finds
32    that none of the factors set forth in subsection (b)  exists,
33    the   court  shall  sentence  the  defendant  to  a  term  of
34    imprisonment  under  Chapter  V  of  the  Unified   Code   of
 
                            -12-     LRB093 09673 RLC 12243 a
 1    Corrections.   If  there  is  a unanimous finding by the jury
 2    that one or more of the factors set forth in  subsection  (b)
 3    exist,  the  jury  shall  consider aggravating and mitigating
 4    factors as  instructed  by  the  court  and  shall  determine
 5    whether  the sentence of death shall be imposed.  If the jury
 6    determines  unanimously,  after  weighing  the   factors   in
 7    aggravation  and  mitigation,  that  death is the appropriate
 8    sentence that there are no mitigating factors  sufficient  to
 9    preclude  the  imposition  of  the  death sentence, the court
10    shall sentence the defendant to death.  If the court does not
11    concur  with  the  jury  determination  that  death  is   the
12    appropriate  sentence,  the  court shall set forth reasons in
13    writing including  what  facts  or  circumstances  the  court
14    relied   upon,   along  with  any  relevant  documents,  that
15    compelled the court to non-concur  with  the  sentence.  This
16    document  and any attachments shall be part of the record for
17    appellate review.
18        If Unless the jury determines unanimously, after weighing
19    the factors in aggravation and mitigation, that death is  not
20    the  appropriate sentence, finds that there are no mitigating
21    factors sufficient to preclude the imposition  of  the  death
22    sentence  the court shall sentence the defendant to a term of
23    imprisonment  under  Chapter  V  of  the  Unified   Code   of
24    Corrections.
25        (h)  Procedure - No Jury.
26        In  a  proceeding  before  the  court alone, if the court
27    finds that none  of  the  factors  found  in  subsection  (b)
28    exists,  the  court shall sentence the defendant to a term of
29    imprisonment  under  Chapter  V  of   the  Unified  Code   of
30    Corrections.
31        If  the  Court determines that one or more of the factors
32    set forth in subsection (b) exists, the Court shall  consider
33    any  aggravating  and  mitigating  factors  as  indicated  in
34    subsection  (c).  If the Court determines, after weighing the
 
                            -13-     LRB093 09673 RLC 12243 a
 1    factors in aggravation and  mitigation,  that  death  is  the
 2    appropriate  sentence  that  there  are no mitigating factors
 3    sufficient to preclude the imposition of the death  sentence,
 4    the Court shall sentence the defendant to death.
 5        If  Unless  the  court finds that there are no mitigating
 6    factors sufficient to preclude the imposition of the sentence
 7    of death is not the appropriate  sentence,  the  court  shall
 8    sentence  the  defendant  to  a  term  of  imprisonment under
 9    Chapter V of the Unified Code of Corrections.
10        (h-5)  Decertification as a capital case.
11        In a case in which the State seeks the death  penalty  as
12    an appropriate sentence, at the conclusion of all evidence in
13    the case, the court may decertify the case as a death penalty
14    case  if  the  court  makes  a  written finding that the only
15    evidence  supporting  the  defendant's  conviction   is   the
16    uncorroborated  testimony  of an in-custody informant witness
17    concerning the confession or admission of  the  defendant  or
18    that  the  sole  evidence  against  the defendant is a single
19    eyewitness   or   single   accomplice   without   any   other
20    corroborating evidence.
21        (i)  Appellate Procedure.
22        The conviction and sentence of death shall be subject  to
23    automatic  review by the Supreme Court.  Such review shall be
24    in accordance with rules promulgated by  the  Supreme  Court.
25    The  Illinois  Supreme Court may overturn the death sentence,
26    and order the imposition of imprisonment under Chapter  V  of
27    the  Unified  Code of Corrections if the court finds that the
28    death sentence is fundamentally  unjust  as  applied  to  the
29    particular case. If the Illinois Supreme Court finds that the
30    death  sentence  is  fundamentally  unjust  as applied to the
31    particular case, independent of any  procedural  grounds  for
32    relief,  the  Illinois  Supreme  Court  shall issue a written
33    opinion explaining this finding.
34        (j)  Disposition of reversed death sentence.
 
                            -14-     LRB093 09673 RLC 12243 a
 1        In the event that the death penalty in this Act  is  held
 2    to  be  unconstitutional  by  the Supreme Court of the United
 3    States or of the State of Illinois, any person  convicted  of
 4    first degree murder shall be sentenced by the court to a term
 5    of  imprisonment  under  Chapter  V  of  the  Unified Code of
 6    Corrections.
 7        In the event that any  death  sentence  pursuant  to  the
 8    sentencing   provisions   of   this   Section   is   declared
 9    unconstitutional by the Supreme Court of the United States or
10    of  the State of Illinois, the court having jurisdiction over
11    a person  previously  sentenced  to  death  shall  cause  the
12    defendant to be brought before the court, and the court shall
13    sentence the  defendant  to  a  term  of  imprisonment  under
14    Chapter V of the Unified Code of Corrections.
15    (Source: P.A.  91-357,  eff.  7-29-99;  91-434,  eff. 1-1-00;
16    92-854, eff. 12-5-02.)

17        Section 15. The Code of Criminal  Procedure  of  1963  is
18    amended by changing Sections 114-13, 116-3, 122-1 and 122-2.1
19    and  adding  Article 107A and Sections 114-15, 115-22, 116-5,
20    and 122-2.2 as follows:

21        (725 ILCS 5/107A Art. heading new)
22          ARTICLE 107A.  LINEUP AND PHOTO SPREAD PROCEDURE

23        (725 ILCS 5/107A-5 new)
24        Sec. 107A-5.  Lineup and photo spread procedure.
25        (a)  All lineups shall be photographed. These photographs
26    shall be disclosed to the accused  and  his  or  her  defense
27    counsel  during discovery proceedings as provided in Illinois
28    Supreme Court Rules. All photographs of suspects shown to  an
29    eyewitness  during the photo spread shall be disclosed to the
30    accused and his  or  her  defense  counsel  during  discovery
31    proceedings as provided in Illinois Supreme Court Rules.
 
                            -15-     LRB093 09673 RLC 12243 a
 1        (b)  Each  eyewitness  who views a lineup or photo spread
 2    shall sign a form containing the following information:
 3             (1)  The suspect might not be in the lineup or photo
 4        spread and the eyewitness is not  obligated  to  make  an
 5        identification.
 6             (2)  The  eyewitness  should  not  assume  that  the
 7        person  administering  the  lineup  or photo spread knows
 8        which person is the suspect in the case.
 9        (c)  Suspects in a lineup  or  photo  spread  should  not
10    appear  to  be  substantially  different  from  "fillers"  or
11    "distracters"  in  the  lineup  or photo spread, based on the
12    eyewitness' previous description of the perpetrator, or based
13    on other factors that would draw attention to the suspect.

14        (725 ILCS 5/114-13) (from Ch. 38, par. 114-13)
15        Sec. 114-13.  Discovery in criminal cases.
16        (a)  Discovery procedures in criminal cases shall  be  in
17    accordance with Supreme Court Rules.
18        (b)  Any  investigative, law enforcement, or other agency
19    responsible  for  investigating   any   felony   offense   or
20    participating  in  an  investigation  of  any felony offense,
21    other  than  defense  investigators,  shall  provide  to  the
22    authority prosecuting the offense all investigative material,
23    including but not limited to reports, memoranda,  and  notes,
24    that  have been generated by or have come into the possession
25    of the investigating  agency  concerning  the  offense  being
26    investigated.  In  addition,  the  investigating agency shall
27    provide  to  the  prosecuting  authority  any   material   or
28    information  within its possession or control that would tend
29    to negate the guilt of the accused of the offense charged  or
30    reduce   his   or  her  punishment  for  the  offense.  Every
31    investigative and law enforcement agency in this State  shall
32    adopt policies to ensure compliance with these standards.
33    (Source: Laws 1963, p. 2836.)
 
                            -16-     LRB093 09673 RLC 12243 a
 1        (725 ILCS 5/114-15 new)
 2        Sec. 114-15.  Mental retardation.
 3        (a)  In  a  first  degree  murder case in which the State
 4    seeks the death penalty as an appropriate sentence, any party
 5    may raise the issue of the defendant's mental retardation  by
 6    motion.  A defendant wishing to raise the issue of his or her
 7    mental retardation shall provide written notice to the  State
 8    and  the  court  as soon as the defendant reasonably believes
 9    such issue will be raised.
10        (b)  The issue  of  the  defendant's  mental  retardation
11    shall be determined in a pretrial hearing. The court shall be
12    the  fact  finder  on  the  issue  of  the defendant's mental
13    retardation and shall determine the issue by a  preponderance
14    of  evidence  in  which  the  moving  party has the burden of
15    proof. The court may appoint an expert in the field of mental
16    retardation. The defendant and the State  may  offer  experts
17    from  the  field  of  mental  retardation.  The  court  shall
18    determine  admissibility  of evidence and qualification as an
19    expert.
20        (c)  In determining whether  the  defendant  is  mentally
21    retarded,  the mental retardation must have manifested itself
22    by the age of 18. An intelligence  quotient  (IQ)  of  75  or
23    below is presumptive evidence of mental retardation. IQ tests
24    and  psychometric tests administered to the defendant must be
25    the kind and type recognized  by  experts  in  the  field  of
26    mental   retardation.  In  order  for  the  defendant  to  be
27    considered mentally retarded, a low IQ must be accompanied by
28    significant deficits in adaptive behavior in at  least  2  of
29    the  following  skill areas: communication, self-care, social
30    or  interpersonal  skills,   home   living,   self-direction,
31    academics, health and safety, use of community resources, and
32    work.
33        (d)  Evidence  of  mental retardation that did not result
34    in  disqualifying  the  case  as  a  capital  case,  may   be
 
                            -17-     LRB093 09673 RLC 12243 a
 1    introduced   as  evidence  in  mitigation  during  a  capital
 2    sentencing hearing. A failure of the court to determine  that
 3    the  defendant  is  mentally  retarded  does not preclude the
 4    court during trial from allowing evidence relating to  mental
 5    disability should the court deem it appropriate.
 6        (e)  If  the court determines that a capital defendant is
 7    mentally retarded, the case shall no longer be  considered  a
 8    capital  case  and  the procedural guidelines established for
 9    capital cases shall no longer be applicable to the defendant.
10    In that case, the defendant, if convicted, shall be sentenced
11    under the sentencing provisions of Chapter V of  the  Unified
12    Code  of  Corrections.  A  denial  of  such a petition may be
13    appealed to the Illinois Supreme Court.

14        (725 ILCS 115-22 new)
15        Sec.  115-22.  Witness  inducements.   When   the   State
16    intends  to introduce the testimony of a witness in a capital
17    case,  the  State  shall,  before  trial,  disclose  to   the
18    defendant  and  to  his  or her defense counsel the following
19    information, which shall be reduced to writing:
20             (1)  whether  the  witness  has  received  anything,
21        including pay, immunity  from  prosecution,  leniency  in
22        prosecution,  or  personal  advantage,  in  exchange  for
23        testimony;
24             (2)  any  other  case in which the witness testified
25        or offered statements against an individual but  was  not
26        called,  and  whether the statements were admitted in the
27        case, and whether the witness received any deal, promise,
28        inducement, or benefit in exchange for that testimony  or
29        statement;
30             (3)  whether the witness has ever changed his or her
31        testimony;
32             (4)  the criminal history of the witness; and
33             (5)  any  other evidence relevant to the credibility
 
                            -18-     LRB093 09673 RLC 12243 a
 1        of the witness.

 2        (725 ILCS 5/116-3)
 3        Sec. 116-3.  Motion for fingerprint or  forensic  testing
 4    not available at trial regarding actual innocence.
 5        (a)  A defendant may make a motion before the trial court
 6    that  entered  the  judgment of conviction in his or her case
 7    for the performance of fingerprint or forensic  DNA  testing,
 8    including  comparison analysis of genetic marker groupings of
 9    the evidence collected by criminal justice agencies  pursuant
10    to  the  alleged offense, to those of the defendant, to those
11    of other forensic evidence, and  to  those  maintained  under
12    subsection  (f)  of  Section  5-4-3  of  the  Unified Code of
13    Corrections, on evidence that was secured in relation to  the
14    trial  which resulted in his or her conviction, but which was
15    not subject to the testing which is now requested because the
16    technology for the testing was not available at the  time  of
17    trial.   Reasonable notice of the motion shall be served upon
18    the State.
19        (b)  The defendant must present a prima facie case that:
20             (1)  identity was  the  issue  in  the  trial  which
21        resulted in his or her conviction; and
22             (2)  the evidence to be tested has been subject to a
23        chain  of custody sufficient to establish that it has not
24        been substituted, tampered with, replaced, or altered  in
25        any material aspect.
26        (c)  The  trial  court  shall  allow  the  testing  under
27    reasonable   conditions   designed  to  protect  the  State's
28    interests in the integrity of the evidence  and  the  testing
29    process upon a determination that:
30             (1)  the  result  of  the testing has the scientific
31        potential  to   produce   new,   noncumulative   evidence
32        materially  relevant  to  the  defendant's  assertion  of
33        actual   innocence   even  though  the  results  may  not
 
                            -19-     LRB093 09673 RLC 12243 a
 1        completely exonerate the defendant;
 2             (2)  the  testing  requested  employs  a  scientific
 3        method generally accepted within the relevant  scientific
 4        community.
 5    (Source: P.A. 90-141, eff. 1-1-98.)

 6        (725 ILCS 5/116-5 new)
 7        Sec.  116-5.  Motion  for  DNA  database  search (genetic
 8    marker groupings comparison analysis).
 9        (a)  Upon motion by a defendant charged with any  offense
10    where   DNA   evidence   may   be  material  to  the  defense
11    investigation or relevant at trial, a court may order  a  DNA
12    database  search  by  the  Department  of  State Police. Such
13    analysis may include comparing:
14             (1)  the genetic profile from forensic evidence that
15        was secured in relation to the trial against the  genetic
16        profile of the defendant,
17             (2)  the   genetic  profile  of  items  of  forensic
18        evidence secured in relation  to  trial  to  the  genetic
19        profile of other forensic evidence secured in relation to
20        trial, or
21             (3)  the    genetic    profiles   referred   to   in
22        subdivisions (1) and (2) against:
23                  (i)  genetic profiles of  offenders  maintained
24             under subsection (f) of Section 5-4-3 of the Unified
25             Code of Corrections, or
26                  (ii)  genetic   profiles,   including  but  not
27             limited to, profiles from unsolved crimes maintained
28             in state or local DNA databases by  law  enforcement
29             agencies.
30        (b)  If  appropriate  federal criteria are met, the court
31    may order the Department  of  State  Police  to  request  the
32    National  DNA  index system to search its database of genetic
33    profiles.
 
                            -20-     LRB093 09673 RLC 12243 a
 1        (c)  If   requested   by   the   defense,    a    defense
 2    representative  shall  be  allowed to view any genetic marker
 3    grouping  analysis  conducted  by  the  Department  of  State
 4    Police. The defense shall be  provided  with  copies  of  all
 5    documentation,      correspondence,     including     digital
 6    correspondence, notes, memoranda, and  reports  generated  in
 7    relation to the analysis.
 8        (d)  Reasonable notice of the motion shall be served upon
 9    the State.

10        (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
11        Sec. 122-1. Petition in the trial court.
12        (a)  Any   person  imprisoned  in  the  penitentiary  may
13    institute a proceeding under this Article if the  person  who
14    asserts that:
15             (1)  in the proceedings which resulted in his or her
16        conviction  there  was a substantial denial of his or her
17        rights under the Constitution of the United States or  of
18        the  State  of  Illinois  or  both;  or  may  institute a
19        proceeding under this Article.
20             (2)  the death penalty  was  imposed  and  there  is
21        newly  discovered evidence not available to the person at
22        the time of the proceeding that resulted in  his  or  her
23        conviction   that  establishes  a  substantial  basis  to
24        believe that the defendant is actually innocent by  clear
25        and convincing evidence.
26        (a-5)  A proceeding under paragraph (2) of subsection (a)
27    may be commenced within a reasonable period of time after the
28    person's  conviction  notwithstanding any other provisions of
29    this  Article.  In  such  a   proceeding   regarding   actual
30    innocence,  if the court determines the petition is frivolous
31    or is patently without merit, it shall dismiss  the  petition
32    in  a  written  order,  specifying  the  findings of fact and
33    conclusions of law it made in  reaching  its  decision.  Such
 
                            -21-     LRB093 09673 RLC 12243 a
 1    order  of  dismissal  is a final judgment and shall be served
 2    upon the petitioner by certified mail within 10 days  of  its
 3    entry.
 4        (b)  The proceeding shall be commenced by filing with the
 5    clerk  of  the  court  in  which  the conviction took place a
 6    petition  (together  with  a  copy   thereof)   verified   by
 7    affidavit.  Petitioner shall also serve another copy upon the
 8    State's  Attorney by any of the methods provided in Rule 7 of
 9    the Supreme Court.  The clerk shall docket the  petition  for
10    consideration  by  the court pursuant to Section 122-2.1 upon
11    his or her receipt thereof and bring the same promptly to the
12    attention of the court.
13        (c)  Except as otherwise provided in subsection (a-5), if
14    the petitioner is under sentence  of  death,  no  proceedings
15    under  this  Article  shall  be  commenced more than 6 months
16    after the denial of a petition for certiorari to  the  United
17    States  Supreme Court on direct appeal, or more than 6 months
18    from the date for filing such a petition if none is filed.
19        When a defendant has a  sentence  other  than  death,  no
20    proceedings under this Article shall be commenced more than 6
21    months  after  the denial of the Petition for Leave to Appeal
22    to the Illinois Supreme Court, or more than 6 months from the
23    date for filing such a petition if none is filed.
24        This limitation does not apply to a petition advancing  a
25    claim  of actual innocence. no proceedings under this Article
26    shall be commenced more than 6 months after the denial  of  a
27    petition  for  leave  to appeal or the date for filing such a
28    petition if none is filed or more  than  45  days  after  the
29    defendant  files  his  or  her  brief  in  the  appeal of the
30    sentence before the Illinois Supreme Court (or more  than  45
31    days  after  the  deadline  for the filing of the defendant's
32    brief with the Illinois Supreme Court if no brief  is  filed)
33    or  3 years from the date of conviction, whichever is sooner,
34    unless the petitioner alleges facts showing  that  the  delay
 
                            -22-     LRB093 09673 RLC 12243 a
 1    was not due to his or her culpable negligence.
 2        (d)  A  person  seeking relief by filing a petition under
 3    this Section must specify in the petition or its heading that
 4    it is filed under this Section.    A  trial  court  that  has
 5    received  a  petition complaining of a conviction or sentence
 6    that fails to specify in the petition or its heading that  it
 7    is filed under this Section need not evaluate the petition to
 8    determine whether it could otherwise have stated some grounds
 9    for relief under this Article.
10        (e)  A proceeding under this Article may not be commenced
11    on  behalf  of  a  defendant  who has been sentenced to death
12    without the written consent  of  the  defendant,  unless  the
13    defendant,  because  of  a  mental  or physical condition, is
14    incapable of asserting his or her own claim.
15    (Source: P.A.  89-284,  eff.  1-1-96;  89-609,  eff.  1-1-97;
16    89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)

17        (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
18        Sec.  122-2.1.  (a)  Within  90 days after the filing and
19    docketing of each petition,  the  court  shall  examine  such
20    petition and enter an order thereon pursuant to this Section.
21             (1)  If  the  petitioner  is under sentence of death
22        and is without counsel and alleges  that  he  is  without
23        means  to  procure counsel, he shall state whether or not
24        he wishes counsel to be appointed to represent him.    If
25        appointment  of  counsel is so requested, the court shall
26        appoint counsel if satisfied that the petitioner  has  no
27        means to procure counsel.
28             (2)  If  the petitioner is sentenced to imprisonment
29        and the court determines the petition is frivolous or  is
30        patently  without merit, it shall dismiss the petition in
31        a written order, specifying  the  findings  of  fact  and
32        conclusions  of  law  it  made  in reaching its decision.
33        Such order of dismissal is a final judgment and shall  be
 
                            -23-     LRB093 09673 RLC 12243 a
 1        served  upon  the  petitioner by certified mail within 10
 2        days of its entry.
 3        (b)  If the petition is not dismissed  pursuant  to  this
 4    Section,  the  court  shall order the petition to be docketed
 5    for further consideration in accordance with  Sections  122-4
 6    through  122-6. If the petitioner is under sentence of death,
 7    the court shall order the petition to be docketed for further
 8    consideration and hearing within one year of  the  filing  of
 9    the petition.
10        (c)  In  considering a petition pursuant to this Section,
11    the court may examine the court file  of  the  proceeding  in
12    which  the  petitioner  was convicted, any action taken by an
13    appellate court in such proceeding  and  any  transcripts  of
14    such proceeding.
15    (Source: P.A. 86-655; 87-904.)

16        (725 ILCS 5/122-2.2 new)
17        Sec.  122-2.2.  Mental  retardation  and  post-conviction
18    relief.
19        (a)  In  cases in which a defendant has been convicted of
20    first-degree murder, sentenced to death, and  is  in  custody
21    pending  execution  of  the  sentence of death, the following
22    procedures shall apply:
23             (1)  Notwithstanding any other provision of  law  or
24        rule of court, a defendant may seek relief from the death
25        sentence  through  a  petition for post-conviction relief
26        under  this  Article  alleging  that  the  defendant  was
27        mentally retarded at the time the offense was alleged  to
28        have been committed.
29             (2)  The  petition  must be filed within 180 days of
30        the effective date of this amendatory  Act  of  the  93rd
31        General  Assembly  or  within 180 days of the issuance of
32        the mandate by the Illinois  Supreme  Court  setting  the
33        date of execution, whichever is later.
 
                            -24-     LRB093 09673 RLC 12243 a
 1        (3)  All  other  provisions  of  this  Article  governing
 2    petitions   for  post-conviction  relief  shall  apply  to  a
 3    petition   for   post-conviction   relief   alleging   mental
 4    retardation.

 5        Section 20.  The Capital Crimes Litigation Act is amended
 6    by changing Sections 15 and 19 as follows:

 7        (725 ILCS 124/15)
 8        (Section scheduled to be repealed on July 1, 2004)
 9        Sec. 15.  Capital Litigation Trust Fund.
10        (a)  The Capital Litigation Trust Fund is  created  as  a
11    special  fund in the State Treasury.  The Trust Fund shall be
12    administered by the State Treasurer to provide moneys for the
13    appropriations  to  be  made,  grants  to  be  awarded,   and
14    compensation  and  expenses  to  be paid under this Act.  All
15    interest earned from the  investment  or  deposit  of  moneys
16    accumulated in the Trust Fund shall, under Section 4.1 of the
17    State Finance Act,  be deposited into the Trust Fund.
18        (b)  Moneys  deposited  into  the Trust Fund shall not be
19    considered general revenue of the State of Illinois.
20        (c)  Moneys deposited into the Trust Fund shall  be  used
21    exclusively  for  the  purposes  of providing funding for the
22    prosecution and defense of capital cases as provided in  this
23    Act  and  shall not be appropriated, loaned, or in any manner
24    transferred to the General  Revenue  Fund  of  the  State  of
25    Illinois.
26        (d)  Every fiscal year the State Treasurer shall transfer
27    from the General Revenue Fund to the Capital Litigation Trust
28    Fund   an   amount   equal  to  the  full  amount  of  moneys
29    appropriated by the General Assembly (both  by  original  and
30    supplemental appropriation), less any unexpended balance from
31    the  previous  fiscal year, from the Capital Litigation Trust
32    Fund for the specific purpose of making funding available for
 
                            -25-     LRB093 09673 RLC 12243 a
 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.
32        The Public Defender and State's Attorney in Cook  County,
33    the State Appellate Defender, the State's Attorneys Appellate
34    Prosecutor,   and  the  Attorney  General  may  each  request
 
                            -26-     LRB093 09673 RLC 12243 a
 1    supplemental appropriations from the Trust  Fund  during  the
 2    fiscal year.
 3        (e)  Moneys  in  the Trust Fund shall be expended only as
 4    follows:
 5             (1)  To  pay  the   State   Treasurer's   costs   to
 6        administer  the  Trust Fund.  The amount for this purpose
 7        may not exceed 5% in any one fiscal year  of  the  amount
 8        otherwise  appropriated  from  the Trust Fund in the same
 9        fiscal year.
10             (2)  To pay the capital litigation expenses of trial
11        defense including,  but  not  limited  to,  DNA  testing,
12        including  DNA testing under Section 116-3 of the Code of
13        Criminal  Procedure  of  1963,   analysis,   and   expert
14        testimony,  investigatory  and  other assistance, expert,
15        forensic,   and   other   witnesses,    and    mitigation
16        specialists,  and  grants  and  aid  provided  to  public
17        defenders  or  assistance  to  attorneys  who  have  been
18        appointed  by  the  court to represent defendants who are
19        charged with capital crimes.
20             (3)  To pay the  compensation  of  trial  attorneys,
21        other  than  public defenders, who have been appointed by
22        the court to represent defendants who  are  charged  with
23        capital crimes.
24             (4)  To  provide  State's Attorneys with funding for
25        capital litigation expenses including,  but  not  limited
26        to,   investigatory  and  other  assistance  and  expert,
27        forensic, and other  witnesses  necessary  to   prosecute
28        capital  cases.    State's  Attorneys in any county other
29        than Cook County seeking funding for  capital  litigation
30        expenses including, but not limited to, investigatory and
31        other assistance and expert, forensic, or other witnesses
32        under this Section may request that the State's Attorneys
33        Appellate Prosecutor or the Attorney General, as the case
34        may  be,  certify  the expenses as reasonable, necessary,
 
                            -27-     LRB093 09673 RLC 12243 a
 1        and appropriate for payment from the  Trust  Fund,  on  a
 2        form  created by the State Treasurer.  Upon certification
 3        of the expenses and delivery of the certification to  the
 4        State  Treasurer,  the  Treasurer  shall pay the expenses
 5        directly from the Capital Litigation Trust Fund if  there
 6        are  sufficient  moneys  in  the  Trust  Fund  to pay the
 7        expenses.
 8             (5)  To  provide  financial  support   through   the
 9        Attorney General pursuant to the Attorney General Act for
10        the  several  county  State's  Attorneys  outside of Cook
11        County, but shall not be used to increase  personnel  for
12        the Attorney General's Office.
13             (6)  To   provide   financial  support  through  the
14        State's Attorneys Appellate Prosecutor  pursuant  to  the
15        State's  Attorneys  Appellate  Prosecutor's  Act  for the
16        several county State's Attorneys outside of Cook  County,
17        but  shall  not  be  used  to  increase personnel for the
18        State's Attorneys Appellate Prosecutor.
19             (7)  To  provide  financial  support  to  the  State
20        Appellate  Defender  pursuant  to  the  State   Appellate
21        Defender Act.
22        Moneys  expended from the Trust Fund shall be in addition
23    to county funding for Public Defenders and State's Attorneys,
24    and shall not be used to  supplant  or  reduce  ordinary  and
25    customary county funding.
26        (f)  Moneys  in  the  Trust Fund shall be appropriated to
27    the State Appellate Defender, the State's Attorneys Appellate
28    Prosecutor, the Attorney General, and  the  State  Treasurer.
29    The  State  Appellate Defender shall receive an appropriation
30    from the Trust Fund to enable it  to  provide  assistance  to
31    appointed  defense counsel throughout the State and to Public
32    Defenders in counties other than Cook.  The State's Attorneys
33    Appellate Prosecutor and the Attorney General  shall  receive
34    appropriations  from the Trust Fund to enable them to provide
 
                            -28-     LRB093 09673 RLC 12243 a
 1    assistance to State's Attorneys in counties other  than  Cook
 2    County.   Moneys shall be appropriated to the State Treasurer
 3    to enable the Treasurer (i) to make grants  to  Cook  County,
 4    (ii)  to  pay  the  expenses  of Public Defenders and State's
 5    Attorneys in counties other than Cook County,  (iii)  to  pay
 6    the expenses and compensation of appointed defense counsel in
 7    counties other than Cook County, and (iv) to pay the costs of
 8    administering  the  Trust  Fund.  All expenditures and grants
 9    made from the Trust Fund shall be subject  to  audit  by  the
10    Auditor General.
11        (g)  For Cook County, grants from the Trust Fund shall be
12    made and administered as follows:
13             (1)  For   each   State  fiscal  year,  the  State's
14        Attorney and Public Defender must each  make  a  separate
15        application to the State Treasurer for capital litigation
16        grants.
17             (2)  The  State  Treasurer shall establish rules and
18        procedures  for  grant  applications.   The  rules  shall
19        require the Cook County Treasurer as the grant  recipient
20        to  report on a periodic basis to the State Treasurer how
21        much of the grant has been  expended,  how  much  of  the
22        grant  is remaining, and the purposes for which the grant
23        has been used.  The  rules  may  also  require  the  Cook
24        County  Treasurer  to  certify  on  a periodic basis that
25        expenditures of the funds have  been  made  for  expenses
26        that  are  reasonable,  necessary,  and  appropriate  for
27        payment from the Trust Fund.
28             (3)  The  State  Treasurer  shall make the grants to
29        the Cook County Treasurer as soon as possible  after  the
30        beginning of the State fiscal year.
31             (4)  The  State's  Attorney  or  Public Defender may
32        apply for supplemental grants during the fiscal year.
33             (5)  Grant moneys shall be paid to the  Cook  County
34        Treasurer  in  block grants and held in separate accounts
 
                            -29-     LRB093 09673 RLC 12243 a
 1        for the State's Attorney, the Public Defender, and  court
 2        appointed  defense  counsel  other  than  the Cook County
 3        Public Defender, respectively, for the designated  fiscal
 4        year, and are not subject to county appropriation.
 5             (6)  Expenditure   of   grant   moneys   under  this
 6        subsection  (g)  is  subject  to  audit  by  the  Auditor
 7        General.
 8             (7)  The Cook  County  Treasurer  shall  immediately
 9        make payment from the appropriate separate account in the
10        county  treasury  for  capital litigation expenses to the
11        State's Attorney, Public  Defender,  or  court  appointed
12        defense  counsel  other  than the Public Defender, as the
13        case may be, upon order of the State's  Attorney,  Public
14        Defender or the court, respectively.
15        (h)  If  a  defendant in a capital case in Cook County is
16    represented by court appointed counsel other  than  the  Cook
17    County  Public Defender, the appointed counsel shall petition
18    the court for an order directing the Cook County Treasurer to
19    pay the court appointed counsel's  reasonable  and  necessary
20    compensation  and  capital  litigation  expenses  from  grant
21    moneys provided from the Trust Fund. These petitions shall be
22    considered   in   camera.    Orders   denying  petitions  for
23    compensation or expenses are final. Counsel may not  petition
24    for  expenses  that  may have been provided or compensated by
25    the State Appellate Defender under item (c)(5) of Section  10
26    of the State Appellate Defender Act.
27        (i)  In  counties  other  than Cook County, and excluding
28    capital litigation expenses or services that  may  have  been
29    provided by the State Appellate Defender under item (c)(5) of
30    Section 10 of the State Appellate Defender Act:
31             (1)  Upon  certification  by the circuit court, on a
32        form created by  the  State  Treasurer,  that  all  or  a
33        portion  of  the  expenses are reasonable, necessary, and
34        appropriate for payment  from  the  Trust  Fund  and  the
 
                            -30-     LRB093 09673 RLC 12243 a
 1        court's  delivery  of the certification to the Treasurer,
 2        the Treasurer shall pay the certified expenses of  Public
 3        Defenders  from  the  money appropriated to the Treasurer
 4        for capital litigation expenses of  Public  Defenders  in
 5        any   county   other  than  Cook  County,  if  there  are
 6        sufficient moneys in the Trust Fund to pay the expenses.
 7             (2)  If a defendant in a capital case is represented
 8        by  court  appointed  counsel  other  than   the   Public
 9        Defender,  the appointed counsel shall petition the court
10        to certify compensation and capital  litigation  expenses
11        including,  but  not  limited to, investigatory and other
12        assistance, expert, forensic, and  other  witnesses,  and
13        mitigation  specialists  as  reasonable,  necessary,  and
14        appropriate  for  payment  from  the  Trust  Fund.   Upon
15        certification on a form created by the State Treasurer of
16        all  or  a  portion  of  the  compensation  and  expenses
17        certified  as  reasonable, necessary, and appropriate for
18        payment from the Trust Fund and the court's  delivery  of
19        the  certification  to the Treasurer, the State Treasurer
20        shall pay the certified compensation  and  expenses  from
21        the money appropriated to the Treasurer for that purpose,
22        if  there are sufficient moneys in the Trust Fund to make
23        those payments.
24             (3)  A  petition  for  capital  litigation  expenses
25        under this subsection  shall  be  considered  in  camera.
26        Orders denying petitions for compensation or expenses are
27        final.
28        (j)  If the Trust Fund is discontinued or dissolved by an
29    Act  of  the  General  Assembly  or  by operation of law, any
30    balance remaining in the Trust Fund shall be returned to  the
31    General Revenue Fund after deduction of administrative costs,
32    any   other   provision   of   this   Act   to  the  contrary
33    notwithstanding.
34    (Source: P.A. 91-589, eff. 1-1-00.)
 
                            -31-     LRB093 09673 RLC 12243 a
 1        (725 ILCS 124/19)
 2        (Section scheduled to be repealed on July 1, 2004)
 3        Sec. 19.  Report; repeal.
 4        (a)  The Cook County Public  Defender,  the  Cook  County
 5    State's  Attorney,  the State Appellate Defender, the State's
 6    Attorneys Appellate  Prosecutor,  and  the  Attorney  General
 7    shall  each  report  separately  to  the  General Assembly by
 8    January 1, 2004 detailing the amounts of  money  received  by
 9    them  through  this  Act, the uses for which those funds were
10    expended, the balances then in the Capital  Litigation  Trust
11    Fund   or  county  accounts, as the case may be, dedicated to
12    them for the use and support of Public  Defenders,  appointed
13    trial defense counsel, and State's Attorneys, as the case may
14    be.   The  report  shall  describe  and  discuss the need for
15    continued  funding  through  the   Fund   and   contain   any
16    suggestions for changes to this Act.
17        (b)  (Blank).   Unless   the  General  Assembly  provides
18    otherwise, this Act is repealed on July 1, 2004.
19    (Source: P.A. 91-589, eff. 1-1-00.)

20        Section 25.  The Unified Code of Corrections  is  amended
21    by changing Section 5-4-3 as follows:

22        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
23        Sec.  5-4-3.  Persons  convicted  of, or found delinquent
24    for,  certain  offenses  or  institutionalized  as   sexually
25    dangerous; specimens; genetic marker groups.
26        (a)  Any  person  convicted  of,  found  guilty under the
27    Juvenile Court Act of 1987 for, or who received a disposition
28    of court supervision for, a qualifying offense or attempt  of
29    a  qualifying  offense,  convicted  or  found  guilty  of any
30    offense classified as a  felony  under  Illinois  law,  found
31    guilty  or  given supervision for any offense classified as a
32    felony  under  the   Juvenile   Court   Act   of   1987,   or
 
                            -32-     LRB093 09673 RLC 12243 a
 1    institutionalized  as  a  sexually dangerous person under the
 2    Sexually Dangerous Persons Act, or committed  as  a  sexually
 3    violent  person under the Sexually Violent Persons Commitment
 4    Act shall, regardless of the sentence or disposition imposed,
 5    be required to submit specimens of blood, saliva,  or  tissue
 6    to the Illinois Department of State Police in accordance with
 7    the provisions of this Section, provided such person is:
 8             (1)  convicted of a qualifying offense or attempt of
 9        a  qualifying  offense  on  or  after  July  1,  1990 the
10        effective date  of  this  amendatory  Act  of  1989,  and
11        sentenced   to   a   term   of   imprisonment,   periodic
12        imprisonment,  fine,  probation, conditional discharge or
13        any other form of sentence, or  given  a  disposition  of
14        court supervision for the offense;, or
15             (1.5)  found  guilty  or given supervision under the
16        Juvenile Court Act of 1987 for a  qualifying  offense  or
17        attempt  of  a  qualifying offense on or after January 1,
18        1997; the effective date of this amendatory Act of  1996,
19        or
20             (2)  ordered   institutionalized   as   a   sexually
21        dangerous  person on or after July 1, 1990; the effective
22        date of this amendatory Act of 1989, or
23             (3)  convicted of a qualifying offense or attempt of
24        a qualifying offense before July 1,  1990  the  effective
25        date  of  this  amendatory  Act  of 1989 and is presently
26        confined as a result of  such  conviction  in  any  State
27        correctional  facility  or  county  jail  or is presently
28        serving a sentence of probation, conditional discharge or
29        periodic imprisonment as a result of such conviction;, or
30             (3.5)  convicted or  found  guilty  of  any  offense
31        classified as a felony under Illinois law or found guilty
32        or  given  supervision  for  such  an  offense  under the
33        Juvenile Court Act of 1987 on or after August  22,  2002;
34        the  effective  date   of this amendatory Act of the 92nd
 
                            -33-     LRB093 09673 RLC 12243 a
 1        General Assembly, or
 2             (4)  presently  institutionalized  as   a   sexually
 3        dangerous  person  or  presently  institutionalized  as a
 4        person found guilty but mentally ill of a sexual  offense
 5        or attempt to commit a sexual offense; or
 6             (4.5)  ordered   committed  as  a  sexually  violent
 7        person on or after the effective  date  of  the  Sexually
 8        Violent Persons Commitment Act; or
 9             (5)  seeking  transfer  to  or residency in Illinois
10        under Sections 3-3-11.05 through 3-3-11.5 of the  Unified
11        Code  of Corrections and the Interstate Compact for Adult
12        Offender Supervision  or  the  Interstate  Agreements  on
13        Sexually Dangerous Persons Act.
14        Notwithstanding  other  provisions  of  this Section, any
15    person incarcerated in a facility of the Illinois  Department
16    of Corrections on or after August 22, 2002 the effective date
17    of  this amendatory Act of the 92nd General Assembly shall be
18    required to submit a specimen of  blood,  saliva,  or  tissue
19    prior to his or her release on parole or mandatory supervised
20    release,  as  a  condition  of his or her parole or mandatory
21    supervised release.
22        (a-5)  Any person  who  was  otherwise  convicted  of  or
23    received  a  disposition  of  court supervision for any other
24    offense under the Criminal Code of  1961  or  who  was  found
25    guilty  or  given  supervision for such a violation under the
26    Juvenile Court Act of 1987, may, regardless of  the  sentence
27    imposed,  be  required  by  an  order  of the court to submit
28    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
29    Department of State Police in accordance with the  provisions
30    of this Section.
31        (b)  Any  person required by paragraphs (a)(1), (a)(1.5),
32    (a)(2), (a)(3.5), and (a-5) to provide  specimens  of  blood,
33    saliva,  or  tissue shall provide specimens of blood, saliva,
34    or tissue within 45 days after sentencing or disposition at a
 
                            -34-     LRB093 09673 RLC 12243 a
 1    collection site designated  by  the  Illinois  Department  of
 2    State Police.
 3        (c)  Any  person  required  by paragraphs (a)(3), (a)(4),
 4    and (a)(4.5) to provide specimens of blood, saliva, or tissue
 5    shall be required to provide  such  samples  prior  to  final
 6    discharge, parole, or release at a collection site designated
 7    by the Illinois Department of State Police.
 8        (c-5)  Any person required by paragraph (a)(5) to provide
 9    specimens  of blood, saliva, or tissue shall, where feasible,
10    be required to provide the specimens  before  being  accepted
11    for  conditioned  residency  in Illinois under the interstate
12    compact or agreement, but no later than 45 days after arrival
13    in this State.
14        (c-6)  The  Illinois  Department  of  State  Police   may
15    determine which type of specimen or specimens, blood, saliva,
16    or  tissue,  is  acceptable for submission to the Division of
17    Forensic Services for analysis.
18        (d)  The  Illinois  Department  of  State  Police   shall
19    provide  all  equipment  and  instructions  necessary for the
20    collection of blood samples.  The collection of samples shall
21    be  performed  in  a  medically  approved  manner.   Only   a
22    physician authorized to practice medicine, a registered nurse
23    or   other  qualified  person  trained  in  venipuncture  may
24    withdraw blood for the purposes of  this  Act.   The  samples
25    shall  thereafter  be forwarded to the Illinois Department of
26    State Police, Division of Forensic Services, for analysis and
27    categorizing into genetic marker groupings.
28        (d-1)  The Illinois  Department  of  State  Police  shall
29    provide  all  equipment  and  instructions  necessary for the
30    collection of  saliva  samples.   The  collection  of  saliva
31    samples  shall  be  performed in a medically approved manner.
32    Only a person trained in the instructions promulgated by  the
33    Illinois State Police on collecting saliva may collect saliva
34    for   the  purposes  of  this  Section.   The  samples  shall
 
                            -35-     LRB093 09673 RLC 12243 a
 1    thereafter be forwarded to the Illinois Department  of  State
 2    Police,  Division  of  Forensic  Services,  for  analysis and
 3    categorizing into genetic marker groupings.
 4        (d-2)  The Illinois  Department  of  State  Police  shall
 5    provide  all  equipment  and  instructions  necessary for the
 6    collection of  tissue  samples.   The  collection  of  tissue
 7    samples  shall  be  performed in a medically approved manner.
 8    Only a person trained in the instructions promulgated by  the
 9    Illinois State Police on collecting tissue may collect tissue
10    for   the  purposes  of  this  Section.   The  samples  shall
11    thereafter be forwarded to the Illinois Department  of  State
12    Police,  Division  of  Forensic  Services,  for  analysis and
13    categorizing into genetic marker groupings.
14        (d-5)  To  the  extent  that  funds  are  available,  the
15    Illinois Department  of  State  Police  shall  contract  with
16    qualified   personnel  and  certified  laboratories  for  the
17    collection, analysis, and categorization of known samples.
18        (e)  The genetic marker groupings shall be maintained  by
19    the Illinois Department of State Police, Division of Forensic
20    Services.
21        (f)  The  genetic  marker  grouping  analysis information
22    obtained pursuant to this Act shall be confidential and shall
23    be released only to peace officers of the United  States,  of
24    other  states  or  territories, of the insular possessions of
25    the United States, of foreign countries  duly  authorized  to
26    receive  the  same,  to  all  peace  officers of the State of
27    Illinois and to all prosecutorial agencies,  and  to  defense
28    counsel  as provided by Section 116-5 of the Code of Criminal
29    Procedure of 1963.   The  genetic  marker  grouping  analysis
30    information  obtained pursuant to this Act shall be used only
31    for (i) valid law enforcement identification purposes and  as
32    required   by   the   Federal  Bureau  of  Investigation  for
33    participation in the National DNA database or (ii) technology
34    validation purposes or (iii) assisting in the defense of  the
 
                            -36-     LRB093 09673 RLC 12243 a
 1    criminally  accused  pursuant to Section 116-5 of the Code of
 2    Criminal  Procedure  of  1963.   Notwithstanding  any   other
 3    statutory provision to the contrary, all information obtained
 4    under this Section shall be maintained in a single State data
 5    base,  which  may  be  uploaded into a national database, and
 6    which information may be subject to expungement only  as  set
 7    forth in subsection (f-1).
 8        (f-1)  Upon  receipt  of  notification of a reversal of a
 9    conviction based on actual innocence, or of the granting of a
10    pardon pursuant to Section 12 of Article V  of  the  Illinois
11    Constitution,  if  that  pardon  document specifically states
12    that the reason for the pardon is the actual innocence of  an
13    individual  whose  DNA record has been stored in the State or
14    national DNA identification index  in  accordance  with  this
15    Section  by  the Illinois Department of State Police, the DNA
16    record shall be expunged from the DNA  identification  index,
17    and  the  Department  shall  by  rule prescribe procedures to
18    ensure that the record and any samples,  analyses,  or  other
19    documents  relating to such record, whether in the possession
20    of the Department or any law enforcement or police agency, or
21    any forensic DNA  laboratory,  including  any  duplicates  or
22    copies  thereof,  are  destroyed  and a letter is sent to the
23    court verifying the expungement is completed.
24        (f-5)  Any person who intentionally uses  genetic  marker
25    grouping  analysis  information,  or  any  other  information
26    derived  from  a  DNA  sample,  beyond the authorized uses as
27    provided under this Section, or any other  Illinois  law,  is
28    guilty of a Class 4 felony, and shall be subject to a fine of
29    not less than $5,000.
30        (g)  For   the  purposes  of  this  Section,  "qualifying
31    offense" means any of the following:
32             (1)  any violation or inchoate violation of  Section
33        11-6,  11-9.1,  11-11,  11-18.1,  12-15,  or 12-16 of the
34        Criminal Code of 1961;, or
 
                            -37-     LRB093 09673 RLC 12243 a
 1             (1.1)  any  violation  or  inchoate   violation   of
 2        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
 3        18-3,  18-4,  19-1,  or 19-2 of the Criminal Code of 1961
 4        for which persons are  convicted  on  or  after  July  1,
 5        2001;, or
 6             (2)  any  former statute of this State which defined
 7        a felony sexual offense;, or
 8             (3)  (blank);, or
 9             (4)  any  inchoate  violation  of   Section   9-3.1,
10        11-9.3,  12-7.3, or 12-7.4 of the Criminal Code of 1961;,
11        or
12             (5)  any violation or inchoate violation of  Article
13        29D of the Criminal Code of 1961.
14        (g-5)  (Blank).
15        (h)  The Illinois Department of State Police shall be the
16    State  central  repository  for  all  genetic marker grouping
17    analysis information obtained  pursuant  to  this  Act.   The
18    Illinois  Department of State Police may promulgate rules for
19    the form and manner of the collection of  blood,  saliva,  or
20    tissue samples and other procedures for the operation of this
21    Act.   The  provisions of the Administrative Review Law shall
22    apply to all actions taken under the rules so promulgated.
23        (i)  A person required to provide  a  blood,  saliva,  or
24    tissue  specimen  shall  cooperate with the collection of the
25    specimen and any deliberate act by that  person  intended  to
26    impede, delay or stop the collection of the blood, saliva, or
27    tissue specimen is a Class A misdemeanor.
28        (j)  Any  person  required  by  subsection  (a) to submit
29    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
30    Department of State Police for  analysis  and  categorization
31    into  genetic  marker  grouping,  in  addition  to  any other
32    disposition, penalty, or fine imposed, shall pay an  analysis
33    fee  of $200.  If the analysis fee is not paid at the time of
34    sentencing, the court shall establish a fee schedule by which
 
                            -38-     LRB093 09673 RLC 12243 a
 1    the entire amount of the analysis fee shall be paid in  full,
 2    such  schedule  not  to  exceed  24  months  from the time of
 3    conviction.  The inability to pay this analysis fee shall not
 4    be the sole ground to incarcerate the person.
 5        (k)  All analysis and categorization fees provided for by
 6    subsection (j) shall be regulated as follows:
 7             (1)  The State Offender  DNA  Identification  System
 8        Fund  is  hereby  created  as a special fund in the State
 9        Treasury.
10             (2)  All fees shall be collected by the clerk of the
11        court  and  forwarded   to   the   State   Offender   DNA
12        Identification System Fund for deposit.  The clerk of the
13        circuit  court  may  retain  the  amount of $10 from each
14        collected analysis fee  to  offset  administrative  costs
15        incurred  in  carrying  out  the clerk's responsibilities
16        under this Section.
17             (3)  Fees deposited  into  the  State  Offender  DNA
18        Identification  System  Fund  shall  be  used by Illinois
19        State Police crime  laboratories  as  designated  by  the
20        Director  of  State  Police.   These  funds  shall  be in
21        addition to any allocations  made  pursuant  to  existing
22        laws  and  shall  be  designated for the exclusive use of
23        State crime laboratories.  These uses  may  include,  but
24        are not limited to, the following:
25                  (A)  Costs  incurred  in providing analysis and
26             genetic  marker  categorization   as   required   by
27             subsection (d).
28                  (B)  Costs   incurred  in  maintaining  genetic
29             marker groupings as required by subsection (e).
30                  (C)  Costs  incurred  in   the   purchase   and
31             maintenance  of  equipment  for  use  in  performing
32             analyses.
33                  (D)  Costs  incurred in continuing research and
34             development  of  new  techniques  for  analysis  and
 
                            -39-     LRB093 09673 RLC 12243 a
 1             genetic marker categorization.
 2                  (E)  Costs incurred  in  continuing  education,
 3             training,  and  professional development of forensic
 4             scientists regularly employed by these laboratories.
 5        (l)  The failure of a person to provide a specimen, or of
 6    any person or agency to collect a specimen, within the 45 day
 7    period shall in no way alter the obligation of the person  to
 8    submit  such  specimen,  or  the  authority  of  the Illinois
 9    Department of State  Police  or  persons  designated  by  the
10    Department  to  collect the specimen, or the authority of the
11    Illinois Department of State Police to  accept,  analyze  and
12    maintain  the  specimen  or  to maintain or upload results of
13    genetic marker grouping analysis information into a State  or
14    national database.
15    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
16    92-40,  eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600, eff.
17    6-28-02; 92-829, eff. 8-22-02; 92-854, eff. 12-5-02;  revised
18    1-20-03.)

19        Section  95.  Severability.   The  provisions of this Act
20    are severable under Section 1.31 of the Statute on Statutes.

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