Bill Status of SB 2082   94th General Assembly

Short Description:  CRIM PRO-CAP LIT BUDGET

Senate Sponsors
Sen. John J. Cullerton-John O. Jones and Gary Forby

House Sponsors
(Rep. Kurt M. Granberg-Paul D. Froehlich-John A. Fritchey-Arthur L. Turner)


Last Action  View All Actions

DateChamber Action
  8/22/2005SenatePublic Act . . . . . . . . . 94-0664

Statutes Amended In Order of Appearance
725 ILCS 124/10
725 ILCS 124/15

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that in a case in which the State has filed a statement of intent to seek the death penalty, the court shall require appointed counsel, after counsel has had adequate time to review the case, to submit a proposed estimated litigation budget for court approval that will be subject to modification in light of facts and developments that emerge as the case proceeds. Provides that the budget shall be incorporated into a sealed initial pretrial order that reflects the understandings of the court and counsel regarding all matters affecting counsel compensation and reimbursement and payments for investigative, expert and other services. Provides that the court shall not authorize payment of bills to appointed trial counsel that are not properly itemized.

House Amendment No. 1
Adds reference to:
5 ILCS 140/7from Ch. 116, par. 207

Further amends the Capital Crimes Litigation Act. Provides that case budgets shall be reviewed and approved by the judge assigned to try the case. Provides that petitions for compensation shall be reviewed by both the trial judge and the presiding judge or the presiding judge's designee. Provides that if an ex parte hearing is requested by defense counsel or deemed necessary by the trial judge prior to modifying a budget, the ex parte hearing shall be before the presiding judge or the presiding judge's designee. Provides that if the presiding judge or the presiding judge's designee finds that the services were not reasonable, payment may be denied. Provides that in a case in which the State has filed a statement of intent to seek the death penalty, the court shall require appointed counsel, including those appointed in Cook County (instead of appointed counsel), to submit a proposed estimated litigation budget for court approval. Makes other technical changes. Amends the Freedom of Information Act. Provides that defense budgets and petitions for certification and expenses for court appointed trial counsel shall be exempt from inspection and copying under the Act. Provides that this exemption shall apply until the conclusion of the trial, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

Actions 
DateChamber Action
  2/25/2005SenateFiled with Secretary by Sen. John J. Cullerton
  2/25/2005SenateFirst Reading
  2/25/2005SenateReferred to Rules
  3/2/2005SenateAssigned to Judiciary
  3/9/2005SenatePostponed - Judiciary
  3/16/2005SenateDo Pass Judiciary; 010-000-000
  3/16/2005SenatePlaced on Calendar Order of 2nd Reading March 17, 2005
  4/6/2005SenateSecond Reading
  4/6/2005SenatePlaced on Calendar Order of 3rd Reading April 7, 2005
  4/13/2005SenateAdded as Co-Sponsor Sen. John O. Jones
  4/13/2005SenateSponsor Removed Sen. John O. Jones
  4/14/2005SenateThird Reading - Passed; 057-000-000
  4/14/2005HouseArrived in House
  4/14/2005HousePlaced on Calendar Order of First Reading
  4/14/2005HouseChief House Sponsor Rep. John A. Fritchey
  4/14/2005HouseAdded Alternate Chief Co-Sponsor Rep. Paul D. Froehlich
  4/14/2005HouseAlternate Chief Sponsor Changed to Rep. Kurt M. Granberg
  4/14/2005HouseAdded Alternate Chief Co-Sponsor Rep. John A. Fritchey
  4/14/2005HouseFirst Reading
  4/14/2005HouseReferred to Rules Committee
  4/20/2005HouseAssigned to Executive Committee
  5/13/2005HouseRule 19(a) / Re-referred to Rules Committee
  5/16/2005HouseCommittee/Final Action Deadline Extended-9(b) May 31, 2005
  5/16/2005HouseAssigned to Judiciary II - Criminal Law Committee
  5/17/2005HouseMotion to Suspend Rule 25 - Prevailed
  5/18/2005HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  5/18/2005HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  5/18/2005HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 011-000-000
  5/18/2005HousePlaced on Calendar 2nd Reading - Short Debate
  5/25/2005HouseSecond Reading - Short Debate
  5/25/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/26/2005HouseAdded Alternate Chief Co-Sponsor Rep. Arthur L. Turner
  5/26/2005HouseThird Reading - Short Debate - Passed 114-002-000
  5/26/2005SenateSecretary's Desk - Concurrence House Amendment(s) 01
  5/26/2005SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-May 27, 2005.
  5/26/2005SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton
  5/26/2005SenateHouse Amendment No. 1 Motion to Concur Referred to Rules
  5/27/2005SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Judiciary
  5/27/2005SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000
  5/27/2005SenateAdded as Chief Co-Sponsor Sen. John O. Jones
  5/27/2005SenateHouse Amendment No. 1 Senate Concurs 059-000-000
  5/27/2005SenateAdded as Co-Sponsor Sen. Gary Forby
  5/27/2005SenatePassed Both Houses
  6/24/2005SenateSent to the Governor
  8/22/2005SenateGovernor Approved
  8/22/2005SenateEffective Date January 1, 2006
  8/22/2005SenatePublic Act . . . . . . . . . 94-0664

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