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SB0469 Engrossed |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Capital Crimes Litigation Act is amended by |
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| changing Section 5 as follows:
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| (725 ILCS 124/5)
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| Sec. 5. Appointment of trial counsel in death penalty |
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| cases. If an
indigent defendant
is charged with an offense for |
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| which a sentence of death is authorized, and the
State's
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| Attorney has not, at or before arraignment, filed
a certificate |
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| indicating he or she will not seek the
death penalty or
stated |
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| on the record in open court that the death penalty will not be |
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| sought,
the trial court
shall immediately appoint the Public |
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| Defender, or such other qualified attorney
or
attorneys as the |
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| Illinois Supreme Court shall by rule provide, to represent the
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| defendant as trial counsel.
If the Public Defender is |
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| appointed, he or she shall immediately assign such
attorney or
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| attorneys who are public defenders to represent the defendant. |
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| The counsel
shall meet the
qualifications
as the Supreme Court |
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| shall by rule provide. At the request of court appointed |
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| counsel in a case in which the death penalty is sought, |
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| attorneys employed by the State Appellate Defender may enter an |
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| appearance for the limited purpose of assisting counsel |
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| appointed under this Section.
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| (Source: P.A. 91-589, eff. 1-1-00 .)
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| Section 10. The State Appellate Defender Act is amended by |
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| changing Section 10 as follows:
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| (725 ILCS 105/10) (from Ch. 38, par. 208-10)
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| Sec. 10. Powers and duties of State Appellate Defender.
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| (a) The State Appellate Defender shall represent indigent |
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| persons on
appeal in criminal and delinquent minor proceedings, |
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| when appointed to do so by
a court under a Supreme Court Rule |
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| or law of this State.
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| (b) The State Appellate Defender shall submit a budget for |
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| the
approval of the State Appellate Defender Commission.
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| (c) The State Appellate Defender may:
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| (1) maintain a panel of private attorneys available to |
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| serve as
counsel on a case basis;
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| (2) establish programs, alone or in conjunction with |
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| law schools,
for the purpose of utilizing volunteer law |
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| students as legal assistants;
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| (3) cooperate and consult with state agencies, |
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| professional
associations, and other groups concerning the |
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| causes of criminal
conduct, the rehabilitation and |
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| correction of persons charged with and
convicted of crime, |
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| the administration of criminal justice, and, in
counties of |
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| less than 1,000,000 population, study, design, develop and
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| implement model systems for the delivery of trial level |
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| defender
services, and make an annual report to the General |
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| Assembly;
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| (4) hire investigators to provide investigative |
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| services to appointed counsel and county
public defenders;
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| (5) in cases in which a death sentence is an authorized |
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| disposition,
provide trial counsel with legal advice and |
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| the assistance of expert witnesses, investigators,
and |
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| mitigation specialists from funds appropriated to the |
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| State Appellate
Defender specifically for that
purpose by |
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| the General Assembly. The Office of State Appellate |
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| Defender shall
not be appointed to serve as trial counsel |
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| in capital cases.
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| Investigators employed by the Death Penalty Trial |
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| Assistance and Capital
Litigation Division of the State |
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| Appellate Defender shall be authorized to
inquire
through the |
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| Illinois State Police or local law enforcement with the Law
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| Enforcement
Agencies Data System (LEADS) under Section |
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| 2605-375 of the Civil Administrative
Code of Illinois to |
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| ascertain whether their potential witnesses have a criminal
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| background, including: (i) warrants; (ii) arrests; (iii) |
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| convictions; and (iv)
officer
safety information. This |
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| authorization applies only to information held on the
State
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| level and shall be used only to protect the personal safety of |
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| the
investigators. Any
information that is obtained through |
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| this inquiry may not be disclosed by the
investigators.
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| (d) For each State fiscal year, the
State Appellate |
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| Defender shall appear before the General Assembly and request
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| appropriations to be made from the Capital Litigation Trust |
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| Fund to the State
Treasurer for the purpose of providing |
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| defense assistance in capital cases
outside of Cook County and |
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| for expenses incurred by the the State Appellate Defender in |
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| representing petitioners in capital cases in post-conviction |
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| proceedings under Article 122 of the Code of Criminal Procedure |
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| of 1963 and in relation to petitions filed under Section 2-1401 |
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| of the Code of Civil Procedure in relation to capital cases and |
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| for the representation of those petitioners by attorneys |
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| approved by or contracted with the State Appellate Defender. |
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| The State Appellate Defender may appear before the
General |
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| Assembly at other times during the State's fiscal year to |
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| request
supplemental appropriations from the Trust Fund to the |
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| State Treasurer.
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| (e) The requirement for reporting to the General Assembly |
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| shall be
satisfied
by filing copies of the report with the |
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| Speaker, the Minority Leader and
the Clerk of the House of |
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| Representatives and the President, the Minority
Leader and the |
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| Secretary of the Senate and the Legislative Research
Unit, as |
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| required by Section 3.1 of the General Assembly Organization
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| Act and filing such additional copies with the State Government |
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| Report
Distribution Center for
the General Assembly as is |
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| required under paragraph (t) of Section 7 of the
State Library |
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| Act.
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| (Source: P.A. 93-972, eff. 8-20-04; 93-1011, eff. 1-1-05; |
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| revised 10-14-04.)
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