093_HB3362

 
                                     LRB093 09610 RLC 09848 b

 1        AN ACT in relation to criminal law.

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

 4        Section  5.  The Capital Crimes Litigation Act is amended
 5    by changing Section 15 as follows:

 6        (725 ILCS 124/15)
 7        (Section scheduled to be repealed on July 1, 2004)
 8        Sec. 15.  Capital Litigation Trust Fund.
 9        (a)  The Capital Litigation Trust Fund is  created  as  a
10    special  fund in the State Treasury.  The Trust Fund shall be
11    administered by the State Treasurer to provide moneys for the
12    appropriations  to  be  made,  grants  to  be  awarded,   and
13    compensation  and  expenses  to  be paid under this Act.  All
14    interest earned from the  investment  or  deposit  of  moneys
15    accumulated in the Trust Fund shall, under Section 4.1 of the
16    State Finance Act,  be deposited into the Trust Fund.
17        (b)  Moneys  deposited  into  the Trust Fund shall not be
18    considered general revenue of the State of Illinois.
19        (c)  Moneys deposited into the Trust Fund shall  be  used
20    exclusively  for  the  purposes  of providing funding for the
21    prosecution and defense of capital cases as provided in  this
22    Act  and  shall not be appropriated, loaned, or in any manner
23    transferred to the General  Revenue  Fund  of  the  State  of
24    Illinois.
25        (d)  Every fiscal year the State Treasurer shall transfer
26    from the General Revenue Fund to the Capital Litigation Trust
27    Fund   an   amount   equal  to  the  full  amount  of  moneys
28    appropriated by the General Assembly (both  by  original  and
29    supplemental appropriation), less any unexpended balance from
30    the  previous  fiscal year, from the Capital Litigation Trust
31    Fund for the specific purpose of making funding available for
 
                            -2-      LRB093 09610 RLC 09848 b
 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
 
                            -3-      LRB093 09610 RLC 09848 b
 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, investigatory  and
12        other  assistance, expert, forensic, and other witnesses,
13        and mitigation specialists, and grants and  aid  provided
14        to  public  defenders or assistance to attorneys who have
15        been appointed by the court to represent  defendants  who
16        are charged with capital crimes.
17             (3)  To  pay  the  compensation  of trial attorneys,
18        other than public defenders, who have been  appointed  by
19        the  court  to  represent defendants who are charged with
20        capital crimes.
21             (4)  To provide State's Attorneys with  funding  for
22        capital  litigation  expenses  including, but not limited
23        to,  investigatory  and   other   assistance,   including
24        forensic  testing  under  Section  116-3  of  the Code of
25        Criminal Procedure of 1963,  and  expert,  forensic,  and
26        other  witnesses  necessary  to  prosecute capital cases.
27        State's Attorneys in any county other  than  Cook  County
28        seeking   funding   for   capital   litigation   expenses
29        including,  but  not  limited to, investigatory and other
30        assistance,  including  forensic  testing  under  Section
31        116-3 of the Code of  Criminal  Procedure  of  1963,  and
32        expert,  forensic,  or other witnesses under this Section
33        may  request  that  the   State's   Attorneys   Appellate
34        Prosecutor  or  the Attorney General, as the case may be,
 
                            -4-      LRB093 09610 RLC 09848 b
 1        certify  the  expenses  as  reasonable,  necessary,   and
 2        appropriate  for  payment  from the Trust Fund, on a form
 3        created by the State Treasurer.   Upon  certification  of
 4        the  expenses  and  delivery  of the certification to the
 5        State Treasurer, the Treasurer  shall  pay  the  expenses
 6        directly  from the Capital Litigation Trust Fund if there
 7        are sufficient moneys  in  the  Trust  Fund  to  pay  the
 8        expenses.
 9             (5)  To   provide   financial  support  through  the
10        Attorney General pursuant to the Attorney General Act for
11        the several county  State's  Attorneys  outside  of  Cook
12        County,  but  shall not be used to increase personnel for
13        the Attorney General's Office.
14             (6)  To  provide  financial  support   through   the
15        State's  Attorneys  Appellate  Prosecutor pursuant to the
16        State's Attorneys  Appellate  Prosecutor's  Act  for  the
17        several  county State's Attorneys outside of Cook County,
18        but shall not be  used  to  increase  personnel  for  the
19        State's Attorneys Appellate Prosecutor.
20             (7)  To  provide  financial  support  to  the  State
21        Appellate   Defender  pursuant  to  the  State  Appellate
22        Defender Act.
23        Moneys expended from the Trust Fund shall be in  addition
24    to county funding for Public Defenders and State's Attorneys,
25    and  shall  not  be  used  to supplant or reduce ordinary and
26    customary county funding.
27        (f)  Moneys in the Trust Fund shall  be  appropriated  to
28    the State Appellate Defender, the State's Attorneys Appellate
29    Prosecutor,  the  Attorney  General, and the State Treasurer.
30    The State Appellate Defender shall receive  an  appropriation
31    from  the  Trust  Fund  to enable it to provide assistance to
32    appointed defense counsel throughout the State and to  Public
33    Defenders in counties other than Cook.  The State's Attorneys
34    Appellate  Prosecutor  and the Attorney General shall receive
 
                            -5-      LRB093 09610 RLC 09848 b
 1    appropriations from the Trust Fund to enable them to  provide
 2    assistance  to  State's Attorneys in counties other than Cook
 3    County.  Moneys shall be appropriated to the State  Treasurer
 4    to  enable  the  Treasurer (i) to make grants to Cook County,
 5    (ii) to pay the expenses  of  Public  Defenders  and  State's
 6    Attorneys  in  counties  other than Cook County, (iii) to pay
 7    the expenses and compensation of appointed defense counsel in
 8    counties other than Cook County, and (iv) to pay the costs of
 9    administering the Trust Fund.  All  expenditures  and  grants
10    made  from  the  Trust  Fund shall be subject to audit by the
11    Auditor General.
12        (g)  For Cook County, grants from the Trust Fund shall be
13    made and administered as follows:
14             (1)  For  each  State  fiscal  year,   the   State's
15        Attorney  and  Public  Defender must each make a separate
16        application to the State Treasurer for capital litigation
17        grants.
18             (2)  The State Treasurer shall establish  rules  and
19        procedures  for  grant  applications.   The  rules  shall
20        require  the Cook County Treasurer as the grant recipient
21        to report on a periodic basis to the State Treasurer  how
22        much  of  the  grant  has  been expended, how much of the
23        grant is remaining, and the purposes for which the  grant
24        has  been  used.   The  rules  may  also require the Cook
25        County Treasurer to certify  on  a  periodic  basis  that
26        expenditures  of  the  funds  have been made for expenses
27        that  are  reasonable,  necessary,  and  appropriate  for
28        payment from the Trust Fund.
29             (3)  The State Treasurer shall make  the  grants  to
30        the  Cook  County Treasurer as soon as possible after the
31        beginning of the State fiscal year.
32             (4)  The State's Attorney  or  Public  Defender  may
33        apply for supplemental grants during the fiscal year.
34             (5)  Grant  moneys  shall be paid to the Cook County
 
                            -6-      LRB093 09610 RLC 09848 b
 1        Treasurer in block grants and held in  separate  accounts
 2        for  the State's Attorney, the Public Defender, and court
 3        appointed defense counsel  other  than  the  Cook  County
 4        Public  Defender, respectively, for the designated fiscal
 5        year, and are not subject to county appropriation.
 6             (6)  Expenditure  of   grant   moneys   under   this
 7        subsection  (g)  is  subject  to  audit  by  the  Auditor
 8        General.
 9             (7)  The  Cook  County  Treasurer  shall immediately
10        make payment from the appropriate separate account in the
11        county treasury for capital litigation  expenses  to  the
12        State's  Attorney,  Public  Defender,  or court appointed
13        defense counsel other than the Public  Defender,  as  the
14        case  may  be, upon order of the State's Attorney, Public
15        Defender or the court, respectively.
16        (h)  If a defendant in a capital case in Cook  County  is
17    represented  by  court  appointed counsel other than the Cook
18    County Public Defender, the appointed counsel shall  petition
19    the court for an order directing the Cook County Treasurer to
20    pay  the  court  appointed counsel's reasonable and necessary
21    compensation  and  capital  litigation  expenses  from  grant
22    moneys provided from the Trust Fund. These petitions shall be
23    considered  in  camera.    Orders   denying   petitions   for
24    compensation  or expenses are final. Counsel may not petition
25    for expenses that may have been provided  or  compensated  by
26    the  State Appellate Defender under item (c)(5) of Section 10
27    of the State Appellate Defender Act.
28        (i)  In counties other than Cook  County,  and  excluding
29    capital  litigation  expenses  or services that may have been
30    provided by the State Appellate Defender under item (c)(5) of
31    Section 10 of the State Appellate Defender Act:
32             (1)  Upon certification by the circuit court,  on  a
33        form  created  by  the  State  Treasurer,  that  all or a
34        portion of the expenses are  reasonable,  necessary,  and
 
                            -7-      LRB093 09610 RLC 09848 b
 1        appropriate  for  payment  from  the  Trust  Fund and the
 2        court's delivery of the certification to  the  Treasurer,
 3        the  Treasurer shall pay the certified expenses of Public
 4        Defenders from the money appropriated  to  the  Treasurer
 5        for  capital  litigation  expenses of Public Defenders in
 6        any  county  other  than  Cook  County,  if   there   are
 7        sufficient moneys in the Trust Fund to pay the expenses.
 8             (2)  If a defendant in a capital case is represented
 9        by   court   appointed  counsel  other  than  the  Public
10        Defender, the appointed counsel shall petition the  court
11        to  certify  compensation and capital litigation expenses
12        including, but not limited to,  investigatory  and  other
13        assistance,  expert,  forensic,  and other witnesses, and
14        mitigation  specialists  as  reasonable,  necessary,  and
15        appropriate  for  payment  from  the  Trust  Fund.   Upon
16        certification on a form created by the State Treasurer of
17        all  or  a  portion  of  the  compensation  and  expenses
18        certified as reasonable, necessary, and  appropriate  for
19        payment  from  the Trust Fund and the court's delivery of
20        the certification to the Treasurer, the  State  Treasurer
21        shall  pay  the  certified compensation and expenses from
22        the money appropriated to the Treasurer for that purpose,
23        if there are sufficient moneys in the Trust Fund to  make
24        those payments.
25             (3)  A  petition  for  capital  litigation  expenses
26        under  this  subsection  shall  be  considered in camera.
27        Orders denying petitions for compensation or expenses are
28        final.
29        (j)  If the Trust Fund is discontinued or dissolved by an
30    Act of the General Assembly  or  by  operation  of  law,  any
31    balance  remaining in the Trust Fund shall be returned to the
32    General Revenue Fund after deduction of administrative costs,
33    any  other  provision   of   this   Act   to   the   contrary
34    notwithstanding.
 
                            -8-      LRB093 09610 RLC 09848 b
 1    (Source: P.A. 91-589, eff. 1-1-00.)