Illinois General Assembly - Full Text of HB3627
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Full Text of HB3627  102nd General Assembly

HB3627 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3627

 

Introduced 2/22/2021, by Rep. Andrew S. Chesney

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7.5
720 ILCS 5/9-1  from Ch. 38, par. 9-1
725 ILCS 5/113-3  from Ch. 38, par. 113-3
725 ILCS 5/119-1
725 ILCS 105/10  from Ch. 38, par. 208-10

    Amends the Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2021. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3627LRB102 15295 KMF 20650 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Capital Crimes Litigation Act of 2021.
 
6    Section 5. Appointment of trial counsel in death penalty
7cases. If an indigent defendant is charged with an offense for
8which a sentence of death is authorized, and the State's
9Attorney has not, at or before arraignment, filed a
10certificate indicating he or she will not seek the death
11penalty or stated on the record in open court that the death
12penalty will not be sought, the trial court shall immediately
13appoint the Public Defender, or any other qualified attorney
14or attorneys as the Illinois Supreme Court shall by rule
15provide, to represent the defendant as trial counsel. If the
16Public Defender is appointed, he or she shall immediately
17assign the attorney or attorneys who are public defenders to
18represent the defendant. The counsel shall meet the
19qualifications as the Supreme Court shall by rule provide. At
20the request of court appointed counsel in a case in which the
21death penalty is sought, attorneys employed by the State
22Appellate Defender may enter an appearance for the limited
23purpose of assisting counsel appointed under this Section.
 

 

 

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1    Section 10. Court appointed trial counsel; compensation
2and expenses.
3    (a) This Section applies only to compensation and expenses
4of trial counsel appointed by the court as set forth in Section
55, other than public defenders, for the period after
6arraignment and so long as the State's Attorney has not, at any
7time, filed a certificate indicating he or she will not seek
8the death penalty or stated on the record in open court that
9the death penalty will not be sought.
10    (a-5) Litigation budget.
11        (1) In a case in which the State has filed a statement
12    of intent to seek the death penalty, the court shall
13    require appointed counsel, including those appointed in
14    Cook County, after counsel has had adequate time to review
15    the case and prior to engaging trial assistance, to submit
16    a proposed estimated litigation budget for court approval,
17    that will be subject to modification in light of facts and
18    developments that emerge as the case proceeds. Case
19    budgets should be submitted ex parte and filed and
20    maintained under seal in order to protect the defendant's
21    right to effective assistance of counsel, right not to
22    incriminate him or herself and all applicable privileges.
23    Case budgets shall be reviewed and approved by the judge
24    assigned to try the case. As provided under subsection (c)
25    of this Section, petitions for compensation shall be

 

 

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1    reviewed by both the trial judge and the presiding judge
2    or the presiding judge's designee.
3        (2) The litigation budget shall serve purposes
4    comparable to those of private retainer agreements by
5    confirming both the court's and the attorney's
6    expectations regarding fees and expenses. Consideration
7    should be given to employing an ex parte pretrial
8    conference in order to facilitate reaching agreement on a
9    litigation budget at the earliest opportunity.
10        (3) The budget shall be incorporated into a sealed
11    initial pretrial order that reflects the understandings of
12    the court and counsel regarding all matters affecting
13    counsel compensation and reimbursement and payments for
14    investigative, expert and other services, including, but
15    not limited to, the following matters:
16            (A) the hourly rate at which counsel will be
17        compensated;
18            (B) the hourly rate at which private
19        investigators, other than investigators employed by
20        the Office of the State Appellate Defender, will be
21        compensated; and
22            (C) the best preliminary estimate that can be made
23        of the cost of all services, including, but not
24        limited to, counsel, expert, and investigative
25        services, that are likely to be needed through the
26        guilt and penalty phases of the trial. The court shall

 

 

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1        have discretion to require that budgets be prepared
2        for shorter intervals of time.
3        (4) Appointed counsel may obtain, subject to later
4    review, investigative, expert or other services without
5    prior authorization if necessary for an adequate defense.
6    If the services are obtained, the presiding judge or the
7    presiding judge's designee shall consider in an ex parte
8    proceeding that timely procurement of necessary services
9    could not await prior authorization. If an ex parte
10    hearing is requested by defense counsel or deemed
11    necessary by the trial judge prior to modifying a budget,
12    the ex parte hearing shall be before the presiding judge
13    or the presiding judge's designee. The judge may then
14    authorize the services nunc pro tunc. If the presiding
15    judge or the presiding judge's designee finds that the
16    services were not reasonable, payment may be denied.
17        (5) An approved budget shall guide counsel's use of
18    time and resources by indicating the services for which
19    compensation is authorized. The case budget shall be
20    re-evaluated when justified by changed or unexpected
21    circumstances and shall be modified by the court when
22    reasonable and necessary for an adequate defense. If an ex
23    parte hearing is requested by defense counsel or deemed
24    necessary by the trial judge prior to modifying a budget,
25    the ex parte hearing shall be before the presiding judge
26    or the presiding judge's designee.

 

 

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1    (b) Appointed trial counsel shall be compensated upon
2presentment and certification by the circuit court of a claim
3for services detailing the date, activity, and time duration
4for which compensation is sought. Compensation for appointed
5trial counsel may be paid at a reasonable rate not to exceed
6$125 per hour. The court shall not authorize payment of bills
7that are not properly itemized. A request for payment shall be
8presented under seal and reviewed ex parte with a court
9reporter present. Every January 20, the statutory rate
10prescribed in this subsection shall be automatically increased
11or decreased, as applicable, by a percentage equal to the
12percentage change in the consumer price index-u during the
13preceding 12-month calendar year. "Consumer price index-u"
14means the index published by the Bureau of Labor Statistics of
15the United States Department of Labor that measures the
16average change in prices of goods and services purchased by
17all urban consumers, United States city average, all items,
181982-84=100. The new rate resulting from each annual
19adjustment shall be determined by the State Treasurer and made
20available to the chief judge of each judicial circuit.
21    (c) Appointed trial counsel may also petition the court
22for certification of expenses for reasonable and necessary
23capital litigation expenses including, but not limited to,
24investigatory and other assistance, expert, forensic, and
25other witnesses, and mitigation specialists. Each provider of
26proposed services must specify the best preliminary estimate

 

 

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1that can be made in light of information received in the case
2at that point, and the provider must sign this estimate under
3the provisions of Section 1-109 of the Code of Civil
4Procedure. A provider of proposed services must also specify:
5(1) his or her hourly rate; (2) the hourly rate of anyone else
6in his or her employ for whom reimbursement is sought; and (3)
7the hourly rate of any person or entity that may be
8subcontracted to perform these services. Counsel may not
9petition for certification of expenses that may have been
10provided or compensated by the State Appellate Defender under
11item (c)(5.1) of Section 10 of the State Appellate Defender
12Act. The petitions shall be filed under seal and considered ex
13parte but with a court reporter present for all ex parte
14conferences. If the requests are submitted after services have
15been rendered, the requests shall be supported by an invoice
16describing the services rendered, the dates the services were
17performed and the amount of time spent. These petitions shall
18be reviewed by both the trial judge and the presiding judge of
19the circuit court or the presiding judge's designee. The
20petitions and orders shall be kept under seal and shall be
21exempt from Freedom of Information requests until the
22conclusion of the trial, even if the prosecution chooses not
23to pursue the death penalty prior to trial or sentencing. If an
24ex parte hearing is requested by defense counsel or deemed
25necessary by the trial judge, the hearing shall be before the
26presiding judge or the presiding judge's designee.

 

 

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1    (d) Appointed trial counsel shall petition the court for
2certification of compensation and expenses under this Section
3periodically during the course of counsel's representation.
4The petitions shall be supported by itemized bills showing the
5date, the amount of time spent, the work done and the total
6being charged for each entry. The court shall not authorize
7payment of bills that are not properly itemized. The court
8must certify reasonable and necessary expenses of the
9petitioner for travel and per diem (lodging, meals, and
10incidental expenses). These expenses must be paid at the rate
11as promulgated by the United States General Services
12Administration for these expenses for the date and location in
13which they were incurred, unless extraordinary reasons are
14shown for the difference. The petitions shall be filed under
15seal and considered ex parte but with a court reporter present
16for all ex parte conferences. The petitions shall be reviewed
17by both the trial judge and the presiding judge of the circuit
18court or the presiding judge's designee. If an ex parte
19hearing is requested by defense counsel or deemed necessary by
20the trial judge, the ex parte hearing shall be before the
21presiding judge or the presiding judge's designee. If the
22court determines that the compensation and expenses should be
23paid from the Capital Litigation Trust Fund, the court shall
24certify, on a form created by the State Treasurer, that all or
25a designated portion of the amount requested is reasonable,
26necessary, and appropriate for payment from the Trust Fund.

 

 

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1The form must also be signed by lead trial counsel under the
2provisions of Section 1-109 of the Code of Civil Procedure
3verifying that the amount requested is reasonable, necessary,
4and appropriate. Bills submitted for payment by any individual
5or entity seeking payment from the Capital Litigation Trust
6Fund must also be accompanied by a form created by the State
7Treasurer and signed by the individual or responsible agent of
8the entity under the provisions of Section 1-109 of the Code of
9Civil Procedure that the amount requested is accurate and
10truthful and reflects time spent or expenses incurred.
11Certification of compensation and expenses by a court in any
12county other than Cook County shall be delivered by the court
13to the State Treasurer and must be paid by the State Treasurer
14directly from the Capital Litigation Trust Fund if there are
15sufficient moneys in the Trust Fund to pay the compensation
16and expenses. If the State Treasurer finds within 14 days of
17his or her receipt of a certification that the compensation
18and expenses to be paid are unreasonable, unnecessary, or
19inappropriate, he or she may return the certification to the
20court setting forth in detail the objection or objections with
21a request for the court to review the objection or objections
22before resubmitting the certification. The State Treasurer
23must send the claimant a copy of the objection or objections.
24The State Treasurer may only seek a review of a specific
25objection once. The claimant has 7 days from his or her receipt
26of the objections to file a response with the court. With or

 

 

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1without further hearing, the court must promptly rule on the
2objections. The petitions and orders shall be kept under seal
3and shall be exempt from Freedom of Information requests until
4the conclusion of the trial and appeal of the case, even if the
5prosecution chooses not to pursue the death penalty prior to
6trial or sentencing. Certification of compensation and
7expenses by a court in Cook County shall be delivered by the
8court to the county treasurer and paid by the county treasurer
9from moneys granted to the county from the Capital Litigation
10Trust Fund.
 
11    Section 15. Capital Litigation Trust Fund.
12    (a) The Capital Litigation Trust Fund is created as a
13special fund in the State Treasury. The Trust Fund shall be
14administered by the State Treasurer to provide moneys for the
15appropriations to be made, grants to be awarded, and
16compensation and expenses to be paid under this Act. All
17interest earned from the investment or deposit of moneys
18accumulated in the Trust Fund shall, under Section 4.1 of the
19State Finance Act, be deposited into the Trust Fund.
20    (b) Moneys deposited into the Trust Fund shall not be
21considered general revenue of the State of Illinois.
22    (c) Moneys deposited into the Trust Fund shall be used
23exclusively for the purposes of providing funding for the
24prosecution and defense of capital cases and for providing
25funding for post-conviction proceedings in capital cases under

 

 

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1Article 122 of the Code of Criminal Procedure of 1963 and in
2relation to petitions filed under Section 2-1401 of the Code
3of Civil Procedure in relation to capital cases as provided in
4this Act and shall not be appropriated, loaned, or in any
5manner transferred to the General Revenue Fund of the State of
6Illinois.
7    (d) Every fiscal year the State Treasurer shall transfer
8from the General Revenue Fund to the Capital Litigation Trust
9Fund an amount equal to the full amount of moneys appropriated
10by the General Assembly (both by original and supplemental
11appropriation), less any unexpended balance from the previous
12fiscal year, from the Capital Litigation Trust Fund for the
13specific purpose of making funding available for the
14prosecution and defense of capital cases and for the
15litigation expenses associated with post-conviction
16proceedings in capital cases under Article 122 of the Code of
17Criminal Procedure of 1963 and in relation to petitions filed
18under Section 2-1401 of the Code of Civil Procedure in
19relation to capital cases. The Public Defender and State's
20Attorney in Cook County, the State Appellate Defender, the
21State's Attorneys Appellate Prosecutor, and the Attorney
22General shall make annual requests for appropriations from the
23Trust Fund.
24        (1) The Public Defender in Cook County shall request
25    appropriations to the State Treasurer for expenses
26    incurred by the Public Defender and for funding for

 

 

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1    private appointed defense counsel in Cook County.
2        (2) The State's Attorney in Cook County shall request
3    an appropriation to the State Treasurer for expenses
4    incurred by the State's Attorney.
5        (3) The State Appellate Defender shall request a
6    direct appropriation from the Trust Fund for expenses
7    incurred by the State Appellate Defender in providing
8    assistance to trial attorneys under item (c)(5.1) of
9    Section 10 of the State Appellate Defender Act and for
10    expenses incurred by the State Appellate Defender in
11    representing petitioners in capital cases in
12    post-conviction proceedings under Article 122 of the Code
13    of Criminal Procedure of 1963 and in relation to petitions
14    filed under Section 2-1401 of the Code of Civil Procedure
15    in relation to capital cases and for the representation of
16    those petitioners by attorneys approved by or contracted
17    with the State Appellate Defender and an appropriation to
18    the State Treasurer for payments from the Trust Fund for
19    the defense of cases in counties other than Cook County.
20        (4) The State's Attorneys Appellate Prosecutor shall
21    request a direct appropriation from the Trust Fund to pay
22    expenses incurred by the State's Attorneys Appellate
23    Prosecutor and an appropriation to the State Treasurer for
24    payments from the Trust Fund for expenses incurred by
25    State's Attorneys in counties other than Cook County.
26        (5) The Attorney General shall request a direct

 

 

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1    appropriation from the Trust Fund to pay expenses incurred
2    by the Attorney General in assisting the State's Attorneys
3    in counties other than Cook County and to pay for expenses
4    incurred by the Attorney General when the Attorney General
5    is ordered by the presiding judge of the Criminal Division
6    of the Circuit Court of Cook County to prosecute or
7    supervise the prosecution of Cook County cases and for
8    expenses incurred by the Attorney General in representing
9    the State in post-conviction proceedings in capital cases
10    under Article 122 of the Code of Criminal Procedure of
11    1963 and in relation to petitions filed under Section
12    2-1401 of the Code of Civil Procedure in relation to
13    capital cases. The Public Defender and State's Attorney in
14    Cook County, the State Appellate Defender, the State's
15    Attorneys Appellate Prosecutor, and the Attorney General
16    may each request supplemental appropriations from the
17    Trust Fund during the fiscal year.
18    (e) Moneys in the Trust Fund shall be expended only as
19follows:
20        (1) To pay the State Treasurer's costs to administer
21    the Trust Fund. The amount for this purpose may not exceed
22    5% in any one fiscal year of the amount otherwise
23    appropriated from the Trust Fund in the same fiscal year.
24        (2) To pay the capital litigation expenses of trial
25    defense and post-conviction proceedings in capital cases
26    under Article 122 of the Code of Criminal Procedure of

 

 

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1    1963 and in relation to petitions filed under Section
2    2-1401 of the Code of Civil Procedure in relation to
3    capital cases including, but not limited to, DNA testing,
4    including DNA testing under Section 116-3 of the Code of
5    Criminal Procedure of 1963, analysis, and expert
6    testimony, investigatory and other assistance, expert,
7    forensic, and other witnesses, and mitigation specialists,
8    and grants and aid provided to public defenders, appellate
9    defenders, and any attorney approved by or contracted with
10    the State Appellate Defender representing petitioners in
11    post-conviction proceedings in capital cases under Article
12    122 of the Code of Criminal Procedure of 1963 and in
13    relation to petitions filed under Section 2-1401 of the
14    Code of Civil Procedure in relation to capital cases or
15    assistance to attorneys who have been appointed by the
16    court to represent defendants who are charged with capital
17    crimes. Reasonable and necessary capital litigation
18    expenses include travel and per diem (lodging, meals, and
19    incidental expenses).
20        (3) To pay the compensation of trial attorneys, other
21    than public defenders or appellate defenders, who have
22    been appointed by the court to represent defendants who
23    are charged with capital crimes or attorneys approved by
24    or contracted with the State Appellate Defender to
25    represent petitioners in post-conviction proceedings in
26    capital cases under Article 122 of the Code of Criminal

 

 

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1    Procedure of 1963 and in relation to petitions filed under
2    Section 2-1401 of the Code of Civil Procedure in relation
3    to capital cases.
4        (4) To provide State's Attorneys with funding for
5    capital litigation expenses and for expenses of
6    representing the State in post-conviction proceedings in
7    capital cases under Article 122 of the Code of Criminal
8    Procedure of 1963 and in relation to petitions filed under
9    Section 2-1401 of the Code of Civil Procedure in relation
10    to capital cases including, but not limited to,
11    investigatory and other assistance and expert, forensic,
12    and other witnesses necessary to prosecute capital cases.
13    State's Attorneys in any county other than Cook County
14    seeking funding for capital litigation expenses and for
15    expenses of representing the State in post-conviction
16    proceedings in capital cases under Article 122 of the Code
17    of Criminal Procedure of 1963 and in relation to petitions
18    filed under Section 2-1401 of the Code of Civil Procedure
19    in relation to capital cases including, but not limited
20    to, investigatory and other assistance and expert,
21    forensic, or other witnesses under this Section may
22    request that the State's Attorneys Appellate Prosecutor or
23    the Attorney General, as the case may be, certify the
24    expenses as reasonable, necessary, and appropriate for
25    payment from the Trust Fund, on a form created by the State
26    Treasurer. Upon certification of the expenses and delivery

 

 

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1    of the certification to the State Treasurer, the Treasurer
2    shall pay the expenses directly from the Capital
3    Litigation Trust Fund if there are sufficient moneys in
4    the Trust Fund to pay the expenses.
5        (5) To provide financial support through the Attorney
6    General under the Attorney General Act for the several
7    county State's Attorneys outside of Cook County, but shall
8    not be used to increase personnel for the Attorney
9    General's Office, except when the Attorney General is
10    ordered by the presiding judge of the Criminal Division of
11    the Circuit Court of Cook County to prosecute or supervise
12    the prosecution of Cook County cases.
13        (6) To provide financial support through the State's
14    Attorneys Appellate Prosecutor under the State's Attorneys
15    Appellate Prosecutor's Act for the several county State's
16    Attorneys outside of Cook County, but shall not be used to
17    increase personnel for the State's Attorneys Appellate
18    Prosecutor.
19        (7) To provide financial support to the State
20    Appellate Defender under the State Appellate Defender Act.
21    Moneys expended from the Trust Fund shall be in addition
22    to county funding for Public Defenders and State's
23    Attorneys, and shall not be used to supplant or reduce
24    ordinary and customary county funding.
25    (f) Moneys in the Trust Fund shall be appropriated to the
26State Appellate Defender, the State's Attorneys Appellate

 

 

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1Prosecutor, the Attorney General, and the State Treasurer. The
2State Appellate Defender shall receive an appropriation from
3the Trust Fund to enable it to provide assistance to appointed
4defense counsel and attorneys approved by or contracted with
5the State Appellate Defender to represent petitioners in
6post-conviction proceedings in capital cases under Article 122
7of the Code of Criminal Procedure of 1963 and in relation to
8petitions filed under Section 2-1401 of the Code of Civil
9Procedure in relation to capital cases throughout the State
10and to Public Defenders in counties other than Cook. The
11State's Attorneys Appellate Prosecutor and the Attorney
12General shall receive appropriations from the Trust Fund to
13enable them to provide assistance to State's Attorneys in
14counties other than Cook County and when the Attorney General
15is ordered by the presiding judge of the Criminal Division of
16the Circuit Court of Cook County to prosecute or supervise the
17prosecution of Cook County cases. Moneys shall be appropriated
18to the State Treasurer to enable the Treasurer: (i) to make
19grants to Cook County; (ii) to pay the expenses of Public
20Defenders, the State Appellate Defender, the Attorney General,
21the Office of the State's Attorneys Appellate Prosecutor, and
22State's Attorneys in counties other than Cook County; (iii) to
23pay the expenses and compensation of appointed defense counsel
24and attorneys approved by or contracted with the State
25Appellate Defender to represent petitioners in post-conviction
26proceedings in capital cases under Article 122 of the Code of

 

 

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1Criminal Procedure of 1963 and in relation to petitions filed
2under Section 2-1401 of the Code of Civil Procedure in
3relation to capital cases in counties other than Cook County;
4and (iv) to pay the costs of administering the Trust Fund. All
5expenditures and grants made from the Trust Fund shall be
6subject to audit by the Auditor General.
7    (g) For Cook County, grants from the Trust Fund shall be
8made and administered as follows:
9        (1) For each State fiscal year, the State's Attorney
10    and Public Defender must each make a separate application
11    to the State Treasurer for capital litigation grants.
12        (2) The State Treasurer shall establish rules and
13    procedures for grant applications. The rules shall require
14    the Cook County Treasurer as the grant recipient to report
15    on a periodic basis to the State Treasurer how much of the
16    grant has been expended, how much of the grant is
17    remaining, and the purposes for which the grant has been
18    used. The rules may also require the Cook County Treasurer
19    to certify on a periodic basis that expenditures of the
20    funds have been made for expenses that are reasonable,
21    necessary, and appropriate for payment from the Trust
22    Fund.
23        (3) The State Treasurer shall make the grants to the
24    Cook County Treasurer as soon as possible after the
25    beginning of the State fiscal year.
26        (4) The State's Attorney or Public Defender may apply

 

 

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1    for supplemental grants during the fiscal year.
2        (5) Grant moneys shall be paid to the Cook County
3    Treasurer in block grants and held in separate accounts
4    for the State's Attorney, the Public Defender, and court
5    appointed defense counsel other than the Cook County
6    Public Defender, respectively, for the designated fiscal
7    year, and are not subject to county appropriation.
8        (6) Expenditure of grant moneys under this subsection
9    (g) is subject to audit by the Auditor General.
10        (7) The Cook County Treasurer shall immediately make
11    payment from the appropriate separate account in the
12    county treasury for capital litigation expenses to the
13    State's Attorney, Public Defender, or court appointed
14    defense counsel other than the Public Defender, as the
15    case may be, upon order of the State's Attorney, Public
16    Defender or the court, respectively.
17    (h) If a defendant in a capital case in Cook County is
18represented by court appointed counsel other than the Cook
19County Public Defender, the appointed counsel shall petition
20the court for an order directing the Cook County Treasurer to
21pay the court appointed counsel's reasonable and necessary
22compensation and capital litigation expenses from grant moneys
23provided from the Trust Fund. The petitions shall be supported
24by itemized bills showing the date, the amount of time spent,
25the work done and the total being charged for each entry. The
26court shall not authorize payment of bills that are not

 

 

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1properly itemized. The petitions shall be filed under seal and
2considered ex parte but with a court reporter present for all
3ex parte conferences. The petitions shall be reviewed by both
4the trial judge and the presiding judge of the circuit court or
5the presiding judge's designee. The petitions and orders shall
6be kept under seal and shall be exempt from Freedom of
7Information requests until the conclusion of the trial and
8appeal of the case, even if the prosecution chooses not to
9pursue the death penalty prior to trial or sentencing. Orders
10denying petitions for compensation or expenses are final.
11Counsel may not petition for expenses that may have been
12provided or compensated by the State Appellate Defender under
13item (c)(5.1) of Section 10 of the State Appellate Defender
14Act.
15    (i) In counties other than Cook County, and when the
16Attorney General is ordered by the presiding judge of the
17Criminal Division of the Circuit Court of Cook County to
18prosecute or supervise the prosecution of Cook County cases,
19and excluding capital litigation expenses or services that may
20have been provided by the State Appellate Defender under item
21(c)(5.1) of Section 10 of the State Appellate Defender Act:
22        (1) Upon certification by the circuit court, on a form
23    created by the State Treasurer, that all or a portion of
24    the expenses are reasonable, necessary, and appropriate
25    for payment from the Trust Fund and the court's delivery
26    of the certification to the Treasurer, the Treasurer shall

 

 

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1    pay the certified expenses of Public Defenders and the
2    State Appellate Defender from the money appropriated to
3    the Treasurer for capital litigation expenses of Public
4    Defenders and post-conviction proceeding expenses in
5    capital cases of the State Appellate Defender and expenses
6    in relation to petitions filed under Section 2-1401 of the
7    Code of Civil Procedure in relation to capital cases in
8    any county other than Cook County, if there are sufficient
9    moneys in the Trust Fund to pay the expenses.
10        (2) If a defendant in a capital case is represented by
11    court appointed counsel other than the Public Defender,
12    the appointed counsel shall petition the court to certify
13    compensation and capital litigation expenses including,
14    but not limited to, investigatory and other assistance,
15    expert, forensic, and other witnesses, and mitigation
16    specialists as reasonable, necessary, and appropriate for
17    payment from the Trust Fund. If a petitioner in a capital
18    case who has filed a petition for post-conviction relief
19    under Article 122 of the Code of Criminal Procedure of
20    1963 or a petition under Section 2-1401 of the Code of
21    Civil Procedure in relation to capital cases is
22    represented by an attorney approved by or contracted with
23    the State Appellate Defender other than the State
24    Appellate Defender, that attorney shall petition the court
25    to certify compensation and litigation expenses of
26    post-conviction proceedings under Article 122 of the Code

 

 

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1    of Criminal Procedure of 1963 or in relation to petitions
2    filed under Section 2-1401 of the Code of Civil Procedure
3    in relation to capital cases. Upon certification on a form
4    created by the State Treasurer of all or a portion of the
5    compensation and expenses certified as reasonable,
6    necessary, and appropriate for payment from the Trust Fund
7    and the court's delivery of the certification to the
8    Treasurer, the State Treasurer shall pay the certified
9    compensation and expenses from the money appropriated to
10    the Treasurer for that purpose, if there are sufficient
11    moneys in the Trust Fund to make those payments.
12        (3) A petition for capital litigation expenses or
13    post-conviction proceeding expenses or expenses incurred
14    in filing a petition under Section 2-1401 of the Code of
15    Civil Procedure in relation to capital cases under this
16    subsection shall be considered under seal and reviewed ex
17    parte with a court reporter present. Orders denying
18    petitions for compensation or expenses are final.
19    (j) If the Trust Fund is discontinued or dissolved by an
20Act of the General Assembly or by operation of law, any balance
21remaining in the Trust Fund shall be returned to the General
22Revenue Fund after deduction of administrative costs, any
23other provision of this Act to the contrary notwithstanding.
 
24    Section 100. The Freedom of Information Act is amended by
25changing Section 7.5 as follows:
 

 

 

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1    (5 ILCS 140/7.5)
2    Sec. 7.5. Statutory exemptions. To the extent provided for
3by the statutes referenced below, the following shall be
4exempt from inspection and copying:
5        (a) All information determined to be confidential
6    under Section 4002 of the Technology Advancement and
7    Development Act.
8        (b) Library circulation and order records identifying
9    library users with specific materials under the Library
10    Records Confidentiality Act.
11        (c) Applications, related documents, and medical
12    records received by the Experimental Organ Transplantation
13    Procedures Board and any and all documents or other
14    records prepared by the Experimental Organ Transplantation
15    Procedures Board or its staff relating to applications it
16    has received.
17        (d) Information and records held by the Department of
18    Public Health and its authorized representatives relating
19    to known or suspected cases of sexually transmissible
20    disease or any information the disclosure of which is
21    restricted under the Illinois Sexually Transmissible
22    Disease Control Act.
23        (e) Information the disclosure of which is exempted
24    under Section 30 of the Radon Industry Licensing Act.
25        (f) Firm performance evaluations under Section 55 of

 

 

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1    the Architectural, Engineering, and Land Surveying
2    Qualifications Based Selection Act.
3        (g) Information the disclosure of which is restricted
4    and exempted under Section 50 of the Illinois Prepaid
5    Tuition Act.
6        (h) Information the disclosure of which is exempted
7    under the State Officials and Employees Ethics Act, and
8    records of any lawfully created State or local inspector
9    general's office that would be exempt if created or
10    obtained by an Executive Inspector General's office under
11    that Act.
12        (i) Information contained in a local emergency energy
13    plan submitted to a municipality in accordance with a
14    local emergency energy plan ordinance that is adopted
15    under Section 11-21.5-5 of the Illinois Municipal Code.
16        (j) Information and data concerning the distribution
17    of surcharge moneys collected and remitted by carriers
18    under the Emergency Telephone System Act.
19        (k) Law enforcement officer identification information
20    or driver identification information compiled by a law
21    enforcement agency or the Department of Transportation
22    under Section 11-212 of the Illinois Vehicle Code.
23        (l) Records and information provided to a residential
24    health care facility resident sexual assault and death
25    review team or the Executive Council under the Abuse
26    Prevention Review Team Act.

 

 

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1        (m) Information provided to the predatory lending
2    database created pursuant to Article 3 of the Residential
3    Real Property Disclosure Act, except to the extent
4    authorized under that Article.
5        (n) Defense budgets and petitions for certification of
6    compensation and expenses for court appointed trial
7    counsel as provided under Sections 10 and 15 of the
8    Capital Crimes Litigation Act of 2021. This subsection (n)
9    shall apply until the conclusion of the trial of the case,
10    even if the prosecution chooses not to pursue the death
11    penalty prior to trial or sentencing.
12        (o) Information that is prohibited from being
13    disclosed under Section 4 of the Illinois Health and
14    Hazardous Substances Registry Act.
15        (p) Security portions of system safety program plans,
16    investigation reports, surveys, schedules, lists, data, or
17    information compiled, collected, or prepared by or for the
18    Regional Transportation Authority under Section 2.11 of
19    the Regional Transportation Authority Act or the St. Clair
20    County Transit District under the Bi-State Transit Safety
21    Act.
22        (q) Information prohibited from being disclosed by the
23    Personnel Record Review Act.
24        (r) Information prohibited from being disclosed by the
25    Illinois School Student Records Act.
26        (s) Information the disclosure of which is restricted

 

 

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1    under Section 5-108 of the Public Utilities Act.
2        (t) All identified or deidentified health information
3    in the form of health data or medical records contained
4    in, stored in, submitted to, transferred by, or released
5    from the Illinois Health Information Exchange, and
6    identified or deidentified health information in the form
7    of health data and medical records of the Illinois Health
8    Information Exchange in the possession of the Illinois
9    Health Information Exchange Office due to its
10    administration of the Illinois Health Information
11    Exchange. The terms "identified" and "deidentified" shall
12    be given the same meaning as in the Health Insurance
13    Portability and Accountability Act of 1996, Public Law
14    104-191, or any subsequent amendments thereto, and any
15    regulations promulgated thereunder.
16        (u) Records and information provided to an independent
17    team of experts under the Developmental Disability and
18    Mental Health Safety Act (also known as Brian's Law).
19        (v) Names and information of people who have applied
20    for or received Firearm Owner's Identification Cards under
21    the Firearm Owners Identification Card Act or applied for
22    or received a concealed carry license under the Firearm
23    Concealed Carry Act, unless otherwise authorized by the
24    Firearm Concealed Carry Act; and databases under the
25    Firearm Concealed Carry Act, records of the Concealed
26    Carry Licensing Review Board under the Firearm Concealed

 

 

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1    Carry Act, and law enforcement agency objections under the
2    Firearm Concealed Carry Act.
3        (w) Personally identifiable information which is
4    exempted from disclosure under subsection (g) of Section
5    19.1 of the Toll Highway Act.
6        (x) Information which is exempted from disclosure
7    under Section 5-1014.3 of the Counties Code or Section
8    8-11-21 of the Illinois Municipal Code.
9        (y) Confidential information under the Adult
10    Protective Services Act and its predecessor enabling
11    statute, the Elder Abuse and Neglect Act, including
12    information about the identity and administrative finding
13    against any caregiver of a verified and substantiated
14    decision of abuse, neglect, or financial exploitation of
15    an eligible adult maintained in the Registry established
16    under Section 7.5 of the Adult Protective Services Act.
17        (z) Records and information provided to a fatality
18    review team or the Illinois Fatality Review Team Advisory
19    Council under Section 15 of the Adult Protective Services
20    Act.
21        (aa) Information which is exempted from disclosure
22    under Section 2.37 of the Wildlife Code.
23        (bb) Information which is or was prohibited from
24    disclosure by the Juvenile Court Act of 1987.
25        (cc) Recordings made under the Law Enforcement
26    Officer-Worn Body Camera Act, except to the extent

 

 

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1    authorized under that Act.
2        (dd) Information that is prohibited from being
3    disclosed under Section 45 of the Condominium and Common
4    Interest Community Ombudsperson Act.
5        (ee) Information that is exempted from disclosure
6    under Section 30.1 of the Pharmacy Practice Act.
7        (ff) Information that is exempted from disclosure
8    under the Revised Uniform Unclaimed Property Act.
9        (gg) Information that is prohibited from being
10    disclosed under Section 7-603.5 of the Illinois Vehicle
11    Code.
12        (hh) Records that are exempt from disclosure under
13    Section 1A-16.7 of the Election Code.
14        (ii) Information which is exempted from disclosure
15    under Section 2505-800 of the Department of Revenue Law of
16    the Civil Administrative Code of Illinois.
17        (jj) Information and reports that are required to be
18    submitted to the Department of Labor by registering day
19    and temporary labor service agencies but are exempt from
20    disclosure under subsection (a-1) of Section 45 of the Day
21    and Temporary Labor Services Act.
22        (kk) Information prohibited from disclosure under the
23    Seizure and Forfeiture Reporting Act.
24        (ll) Information the disclosure of which is restricted
25    and exempted under Section 5-30.8 of the Illinois Public
26    Aid Code.

 

 

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1        (mm) Records that are exempt from disclosure under
2    Section 4.2 of the Crime Victims Compensation Act.
3        (nn) Information that is exempt from disclosure under
4    Section 70 of the Higher Education Student Assistance Act.
5        (oo) Communications, notes, records, and reports
6    arising out of a peer support counseling session
7    prohibited from disclosure under the First Responders
8    Suicide Prevention Act.
9        (pp) Names and all identifying information relating to
10    an employee of an emergency services provider or law
11    enforcement agency under the First Responders Suicide
12    Prevention Act.
13        (qq) Information and records held by the Department of
14    Public Health and its authorized representatives collected
15    under the Reproductive Health Act.
16        (rr) Information that is exempt from disclosure under
17    the Cannabis Regulation and Tax Act.
18        (ss) Data reported by an employer to the Department of
19    Human Rights pursuant to Section 2-108 of the Illinois
20    Human Rights Act.
21        (tt) Recordings made under the Children's Advocacy
22    Center Act, except to the extent authorized under that
23    Act.
24        (uu) Information that is exempt from disclosure under
25    Section 50 of the Sexual Assault Evidence Submission Act.
26        (vv) Information that is exempt from disclosure under

 

 

HB3627- 29 -LRB102 15295 KMF 20650 b

1    subsections (f) and (j) of Section 5-36 of the Illinois
2    Public Aid Code.
3        (ww) Information that is exempt from disclosure under
4    Section 16.8 of the State Treasurer Act.
5        (xx) Information that is exempt from disclosure or
6    information that shall not be made public under the
7    Illinois Insurance Code.
8        (yy) Information prohibited from being disclosed under
9    the Illinois Educational Labor Relations Act.
10        (zz) Information prohibited from being disclosed under
11    the Illinois Public Labor Relations Act.
12        (aaa) Information prohibited from being disclosed
13    under Section 1-167 of the Illinois Pension Code.
14(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
15100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
168-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
17eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
18100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
196-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
20eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
21101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
221-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
23eff. 7-7-20.)
 
24    Section 105. The Criminal Code of 2012 is amended by
25changing Section 9-1 as follows:
 

 

 

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1    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
2    Sec. 9-1. First degree murder; death penalties;
3exceptions; separate hearings; proof; findings; appellate
4procedures; reversals.
5    (a) A person who kills an individual without lawful
6justification commits first degree murder if, in performing
7the acts which cause the death:
8        (1) he or she either intends to kill or do great bodily
9    harm to that individual or another, or knows that such
10    acts will cause death to that individual or another; or
11        (2) he or she knows that such acts create a strong
12    probability of death or great bodily harm to that
13    individual or another; or
14        (3) he or she is attempting or committing a forcible
15    felony other than second degree murder.
16    (b) Aggravating Factors. A defendant who at the time of
17the commission of the offense has attained the age of 18 or
18more and who has been found guilty of first degree murder may
19be sentenced to death if:
20        (1) the murdered individual was a peace officer,
21    employee of an institution or facility of the Department
22    of Corrections or any similar local correctional agency,
23    or fireman killed in the course of performing his official
24    duties, to prevent the performance of his or her official
25    duties, or in retaliation for performing his or her

 

 

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1    official duties, and the defendant knew or should have
2    known that the murdered individual was so employed a peace
3    officer or fireman; or
4        (2) (blank); or the murdered individual was an
5    employee of an institution or facility of the Department
6    of Corrections, or any similar local correctional agency,
7    killed in the course of performing his or her official
8    duties, to prevent the performance of his or her official
9    duties, or in retaliation for performing his or her
10    official duties, or the murdered individual was an inmate
11    at such institution or facility and was killed on the
12    grounds thereof, or the murdered individual was otherwise
13    present in such institution or facility with the knowledge
14    and approval of the chief administrative officer thereof;
15    or
16        (3) the defendant has been convicted of murdering two
17    or more individuals under subsection (a) of this Section
18    or under any law of the United States or of any state which
19    is substantially similar to subsection (a) of this Section
20    regardless of whether the deaths occurred as the result of
21    the same act or of several related or unrelated acts so
22    long as the deaths were the result of either an intent to
23    kill more than one person or of separate acts which the
24    defendant knew would cause death or create a strong
25    probability of death or great bodily harm to the murdered
26    individual or another; or

 

 

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1        (4) (blank); or the murdered individual was killed as
2    a result of the hijacking of an airplane, train, ship,
3    bus, or other public conveyance; or
4        (5) (blank); or the defendant committed the murder
5    pursuant to a contract, agreement, or understanding by
6    which he or she was to receive money or anything of value
7    in return for committing the murder or procured another to
8    commit the murder for money or anything of value; or
9        (6) (blank); or the murdered individual was killed in
10    the course of another felony if:
11            (a) the murdered individual:
12                (i) was actually killed by the defendant, or
13                (ii) received physical injuries personally
14            inflicted by the defendant substantially
15            contemporaneously with physical injuries caused by
16            one or more persons for whose conduct the
17            defendant is legally accountable under Section 5-2
18            of this Code, and the physical injuries inflicted
19            by either the defendant or the other person or
20            persons for whose conduct he is legally
21            accountable caused the death of the murdered
22            individual; and
23            (b) in performing the acts which caused the death
24        of the murdered individual or which resulted in
25        physical injuries personally inflicted by the
26        defendant on the murdered individual under the

 

 

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1        circumstances of subdivision (ii) of subparagraph (a)
2        of paragraph (6) of subsection (b) of this Section,
3        the defendant acted with the intent to kill the
4        murdered individual or with the knowledge that his
5        acts created a strong probability of death or great
6        bodily harm to the murdered individual or another; and
7            (c) the other felony was an inherently violent
8        crime or the attempt to commit an inherently violent
9        crime. In this subparagraph (c), "inherently violent
10        crime" includes, but is not limited to, armed robbery,
11        robbery, predatory criminal sexual assault of a child,
12        aggravated criminal sexual assault, aggravated
13        kidnapping, aggravated vehicular hijacking, aggravated
14        arson, aggravated stalking, residential burglary, and
15        home invasion; or
16        (7) the murdered individual was under 12 years of age
17    and the death resulted from exceptionally brutal or
18    heinous behavior indicative of wanton cruelty; or
19        (8) (blank); or the defendant committed the murder
20    with intent to prevent the murdered individual from
21    testifying or participating in any criminal investigation
22    or prosecution or giving material assistance to the State
23    in any investigation or prosecution, either against the
24    defendant or another; or the defendant committed the
25    murder because the murdered individual was a witness in
26    any prosecution or gave material assistance to the State

 

 

HB3627- 34 -LRB102 15295 KMF 20650 b

1    in any investigation or prosecution, either against the
2    defendant or another; for purposes of this paragraph (8),
3    "participating in any criminal investigation or
4    prosecution" is intended to include those appearing in the
5    proceedings in any capacity such as trial judges,
6    prosecutors, defense attorneys, investigators, witnesses,
7    or jurors; or
8        (9) (blank); or the defendant, while committing an
9    offense punishable under Sections 401, 401.1, 401.2, 405,
10    405.2, 407 or 407.1 or subsection (b) of Section 404 of the
11    Illinois Controlled Substances Act, or while engaged in a
12    conspiracy or solicitation to commit such offense,
13    intentionally killed an individual or counseled,
14    commanded, induced, procured or caused the intentional
15    killing of the murdered individual; or
16        (10) (blank); or the defendant was incarcerated in an
17    institution or facility of the Department of Corrections
18    at the time of the murder, and while committing an offense
19    punishable as a felony under Illinois law, or while
20    engaged in a conspiracy or solicitation to commit such
21    offense, intentionally killed an individual or counseled,
22    commanded, induced, procured or caused the intentional
23    killing of the murdered individual; or
24        (11) (blank); or the murder was committed in a cold,
25    calculated and premeditated manner pursuant to a
26    preconceived plan, scheme or design to take a human life

 

 

HB3627- 35 -LRB102 15295 KMF 20650 b

1    by unlawful means, and the conduct of the defendant
2    created a reasonable expectation that the death of a human
3    being would result therefrom; or
4        (12) (blank); or the murdered individual was an
5    emergency medical technician - ambulance, emergency
6    medical technician - intermediate, emergency medical
7    technician - paramedic, ambulance driver, or other medical
8    assistance or first aid personnel, employed by a
9    municipality or other governmental unit, killed in the
10    course of performing his official duties, to prevent the
11    performance of his official duties, or in retaliation for
12    performing his official duties, and the defendant knew or
13    should have known that the murdered individual was an
14    emergency medical technician - ambulance, emergency
15    medical technician - intermediate, emergency medical
16    technician - paramedic, ambulance driver, or other medical
17    assistance or first aid personnel; or
18        (13) (blank); or the defendant was a principal
19    administrator, organizer, or leader of a calculated
20    criminal drug conspiracy consisting of a hierarchical
21    position of authority superior to that of all other
22    members of the conspiracy, and the defendant counseled,
23    commanded, induced, procured, or caused the intentional
24    killing of the murdered person; or
25        (14) (blank); or the murder was intentional and
26    involved the infliction of torture. For the purpose of

 

 

HB3627- 36 -LRB102 15295 KMF 20650 b

1    this Section torture means the infliction of or subjection
2    to extreme physical pain, motivated by an intent to
3    increase or prolong the pain, suffering or agony of the
4    victim; or
5        (15) (blank); or the murder was committed as a result
6    of the intentional discharge of a firearm by the defendant
7    from a motor vehicle and the victim was not present within
8    the motor vehicle; or
9        (16) (blank); or the murdered individual was 60 years
10    of age or older and the death resulted from exceptionally
11    brutal or heinous behavior indicative of wanton cruelty;
12    or
13        (17) (blank); or the murdered individual was a person
14    with a disability and the defendant knew or should have
15    known that the murdered individual was a person with a
16    disability. For purposes of this paragraph (17), "person
17    with a disability" means a person who suffers from a
18    permanent physical or mental impairment resulting from
19    disease, an injury, a functional disorder, or a congenital
20    condition that renders the person incapable of adequately
21    providing for his or her own health or personal care; or
22        (18) (blank); or the murder was committed by reason of
23    any person's activity as a community policing volunteer or
24    to prevent any person from engaging in activity as a
25    community policing volunteer; or
26        (19) (blank); or the murdered individual was subject

 

 

HB3627- 37 -LRB102 15295 KMF 20650 b

1    to an order of protection and the murder was committed by a
2    person against whom the same order of protection was
3    issued under the Illinois Domestic Violence Act of 1986;
4    or
5        (20) murder was committed by the defendant the
6    murdered individual was known by the defendant to be a
7    teacher or other person employed in any school and the
8    teacher or other employee is upon the grounds of a school
9    or grounds adjacent to a school, or is in any part of a
10    building used for school purposes; or
11        (21) the murder was committed by the defendant in
12    connection with or as a result of the offense of terrorism
13    as defined in Section 29D-14.9 of this Code; or
14        (22) the murdered individual was a member of a
15    congregation engaged in prayer or other religious
16    activities at a church, synagogue, mosque, or other
17    building, structure, or place used for religious worship.
18    (b-5) Aggravating Factor; Natural Life Imprisonment. A
19defendant who has been found guilty of first degree murder and
20who at the time of the commission of the offense had attained
21the age of 18 years or more may be sentenced to natural life
22imprisonment if (i) the murdered individual was a physician,
23physician assistant, psychologist, nurse, or advanced practice
24registered nurse, (ii) the defendant knew or should have known
25that the murdered individual was a physician, physician
26assistant, psychologist, nurse, or advanced practice

 

 

HB3627- 38 -LRB102 15295 KMF 20650 b

1registered nurse, and (iii) the murdered individual was killed
2in the course of acting in his or her capacity as a physician,
3physician assistant, psychologist, nurse, or advanced practice
4registered nurse, or to prevent him or her from acting in that
5capacity, or in retaliation for his or her acting in that
6capacity.
7    (c) Consideration of factors in Aggravation and
8Mitigation.
9    The court shall consider, or shall instruct the jury to
10consider any aggravating and any mitigating factors which are
11relevant to the imposition of the death penalty. Aggravating
12factors may include but need not be limited to those factors
13set forth in subsection (b). Mitigating factors may include
14but need not be limited to the following:
15        (1) the defendant has no significant history of prior
16    criminal activity;
17        (2) the murder was committed while the defendant was
18    under the influence of extreme mental or emotional
19    disturbance, although not such as to constitute a defense
20    to prosecution;
21        (3) the murdered individual was a participant in the
22    defendant's homicidal conduct or consented to the
23    homicidal act;
24        (4) the defendant acted under the compulsion of threat
25    or menace of the imminent infliction of death or great
26    bodily harm;

 

 

HB3627- 39 -LRB102 15295 KMF 20650 b

1        (5) the defendant was not personally present during
2    commission of the act or acts causing death;
3        (6) the defendant's background includes a history of
4    extreme emotional or physical abuse;
5        (7) the defendant suffers from a reduced mental
6    capacity.
7    Provided, however, that an action that does not otherwise
8mitigate first degree murder cannot qualify as a mitigating
9factor for first degree murder because of the discovery,
10knowledge, or disclosure of the victim's sexual orientation as
11defined in Section 1-103 of the Illinois Human Rights Act.
12    (d) Separate sentencing hearing.
13    Where requested by the State, the court shall conduct a
14separate sentencing proceeding to determine the existence of
15factors set forth in subsection (b) and to consider any
16aggravating or mitigating factors as indicated in subsection
17(c). The proceeding shall be conducted:
18        (1) before the jury that determined the defendant's
19    guilt; or
20        (2) before a jury impanelled for the purpose of the
21    proceeding if:
22            A. the defendant was convicted upon a plea of
23        guilty; or
24            B. the defendant was convicted after a trial
25        before the court sitting without a jury; or
26            C. the court for good cause shown discharges the

 

 

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1        jury that determined the defendant's guilt; or
2        (3) before the court alone if the defendant waives a
3    jury for the separate proceeding.
4    (e) Evidence and Argument.
5    During the proceeding any information relevant to any of
6the factors set forth in subsection (b) may be presented by
7either the State or the defendant under the rules governing
8the admission of evidence at criminal trials. Any information
9relevant to any additional aggravating factors or any
10mitigating factors indicated in subsection (c) may be
11presented by the State or defendant regardless of its
12admissibility under the rules governing the admission of
13evidence at criminal trials. The State and the defendant shall
14be given fair opportunity to rebut any information received at
15the hearing.
16    (f) Proof.
17    The burden of proof of establishing the existence of any
18of the factors set forth in subsection (b) is on the State and
19shall not be satisfied unless established beyond a reasonable
20doubt.
21    (g) Procedure - Jury.
22    If at the separate sentencing proceeding the jury finds
23that none of the factors set forth in subsection (b) exists,
24the court shall sentence the defendant to a term of
25imprisonment under Chapter V of the Unified Code of
26Corrections. If there is a unanimous finding by the jury that

 

 

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1one or more of the factors set forth in subsection (b) exist,
2the jury shall consider aggravating and mitigating factors as
3instructed by the court and shall determine whether the
4sentence of death shall be imposed. If the jury determines
5unanimously, after weighing the factors in aggravation and
6mitigation, that death is the appropriate sentence, the court
7shall sentence the defendant to death. If the court does not
8concur with the jury determination that death is the
9appropriate sentence, the court shall set forth reasons in
10writing including what facts or circumstances the court relied
11upon, along with any relevant documents, that compelled the
12court to non-concur with the sentence. This document and any
13attachments shall be part of the record for appellate review.
14The court shall be bound by the jury's sentencing
15determination.
16    If after weighing the factors in aggravation and
17mitigation, one or more jurors determines that death is not
18the appropriate sentence, the court shall sentence the
19defendant to a term of imprisonment under Chapter V of the
20Unified Code of Corrections.
21    (h) Procedure - No Jury.
22    In a proceeding before the court alone, if the court finds
23that none of the factors found in subsection (b) exists, the
24court shall sentence the defendant to a term of imprisonment
25under Chapter V of the Unified Code of Corrections.
26    If the Court determines that one or more of the factors set

 

 

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1forth in subsection (b) exists, the Court shall consider any
2aggravating and mitigating factors as indicated in subsection
3(c). If the Court determines, after weighing the factors in
4aggravation and mitigation, that death is the appropriate
5sentence, the Court shall sentence the defendant to death.
6    If the court finds that death is not the appropriate
7sentence, the court shall sentence the defendant to a term of
8imprisonment under Chapter V of the Unified Code of
9Corrections.
10    (h-5) Decertification as a capital case.
11    In a case in which the defendant has been found guilty of
12first degree murder by a judge or jury, or a case on remand for
13resentencing, and the State seeks the death penalty as an
14appropriate sentence, on the court's own motion or the written
15motion of the defendant, the court may decertify the case as a
16death penalty case if the court finds that the only evidence
17supporting the defendant's conviction is the uncorroborated
18testimony of an informant witness, as defined in Section
19115-21 of the Code of Criminal Procedure of 1963, concerning
20the confession or admission of the defendant or that the sole
21evidence against the defendant is a single eyewitness or
22single accomplice without any other corroborating evidence. If
23the court decertifies the case as a capital case under either
24of the grounds set forth above, the court shall issue a written
25finding. The State may pursue its right to appeal the
26decertification pursuant to Supreme Court Rule 604(a)(1). If

 

 

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1the court does not decertify the case as a capital case, the
2matter shall proceed to the eligibility phase of the
3sentencing hearing.
4    (i) Appellate Procedure.
5    The conviction and sentence of death shall be subject to
6automatic review by the Supreme Court. Such review shall be in
7accordance with rules promulgated by the Supreme Court. The
8Illinois Supreme Court may overturn the death sentence, and
9order the imposition of imprisonment under Chapter V of the
10Unified Code of Corrections if the court finds that the death
11sentence is fundamentally unjust as applied to the particular
12case. If the Illinois Supreme Court finds that the death
13sentence is fundamentally unjust as applied to the particular
14case, independent of any procedural grounds for relief, the
15Illinois Supreme Court shall issue a written opinion
16explaining this finding.
17    (j) Disposition of reversed death sentence.
18    In the event that the death penalty in this Act is held to
19be unconstitutional by the Supreme Court of the United States
20or of the State of Illinois, any person convicted of first
21degree murder shall be sentenced by the court to a term of
22imprisonment under Chapter V of the Unified Code of
23Corrections.
24    In the event that any death sentence pursuant to the
25sentencing provisions of this Section is declared
26unconstitutional by the Supreme Court of the United States or

 

 

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1of the State of Illinois, the court having jurisdiction over a
2person previously sentenced to death shall cause the defendant
3to be brought before the court, and the court shall sentence
4the defendant to a term of imprisonment under Chapter V of the
5Unified Code of Corrections.
6    (k) Guidelines for seeking the death penalty.
7    The Attorney General and State's Attorneys Association
8shall consult on voluntary guidelines for procedures governing
9whether or not to seek the death penalty. The guidelines do not
10have the force of law and are only advisory in nature.
11(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
12100-863, eff. 8-14-18; 101-223, eff. 1-1-20.)
 
13    Section 110. The Code of Criminal Procedure of 1963 is
14amended by changing Sections 113-3 and 119-1 as follows:
 
15    (725 ILCS 5/113-3)  (from Ch. 38, par. 113-3)
16    Sec. 113-3. (a) Every person charged with an offense shall
17be allowed counsel before pleading to the charge. If the
18defendant desires counsel and has been unable to obtain same
19before arraignment the court shall recess court or continue
20the cause for a reasonable time to permit defendant to obtain
21counsel and consult with him before pleading to the charge. If
22the accused is a dissolved corporation, and is not represented
23by counsel, the court may, in the interest of justice, appoint
24as counsel a licensed attorney of this State.

 

 

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1    (b) In all cases, except where the penalty is a fine only,
2if the court determines that the defendant is indigent and
3desires counsel, the Public Defender shall be appointed as
4counsel. If there is no Public Defender in the county or if the
5defendant requests counsel other than the Public Defender and
6the court finds that the rights of the defendant will be
7prejudiced by the appointment of the Public Defender, the
8court shall appoint as counsel a licensed attorney at law of
9this State, except that in a county having a population of
102,000,000 or more the Public Defender shall be appointed as
11counsel in all misdemeanor cases where the defendant is
12indigent and desires counsel unless the case involves multiple
13defendants, in which case the court may appoint counsel other
14than the Public Defender for the additional defendants. The
15court shall require an affidavit signed by any defendant who
16requests court-appointed counsel. Such affidavit shall be in
17the form established by the Supreme Court containing
18sufficient information to ascertain the assets and liabilities
19of that defendant. The Court may direct the Clerk of the
20Circuit Court to assist the defendant in the completion of the
21affidavit. Any person who knowingly files such affidavit
22containing false information concerning his assets and
23liabilities shall be liable to the county where the case, in
24which such false affidavit is filed, is pending for the
25reasonable value of the services rendered by the public
26defender or other court-appointed counsel in the case to the

 

 

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1extent that such services were unjustly or falsely procured.
2    (c) Upon the filing with the court of a verified statement
3of services rendered the court shall order the county
4treasurer of the county of trial to pay counsel other than the
5Public Defender a reasonable fee. The court shall consider all
6relevant circumstances, including but not limited to the time
7spent while court is in session, other time spent in
8representing the defendant, and expenses reasonably incurred
9by counsel. In counties with a population greater than
102,000,000, the court shall order the county treasurer of the
11county of trial to pay counsel other than the Public Defender a
12reasonable fee stated in the order and based upon a rate of
13compensation of not more than $40 for each hour spent while
14court is in session and not more than $30 for each hour
15otherwise spent representing a defendant, and such
16compensation shall not exceed $150 for each defendant
17represented in misdemeanor cases and $1250 in felony cases, in
18addition to expenses reasonably incurred as hereinafter in
19this Section provided, except that, in extraordinary
20circumstances, payment in excess of the limits herein stated
21may be made if the trial court certifies that such payment is
22necessary to provide fair compensation for protracted
23representation. A trial court may entertain the filing of this
24verified statement before the termination of the cause, and
25may order the provisional payment of sums during the pendency
26of the cause.

 

 

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1    (d) In capital cases, in addition to counsel, if the court
2determines that the defendant is indigent the court may, upon
3the filing with the court of a verified statement of services
4rendered, order the county Treasurer of the county of trial to
5pay necessary expert witnesses for defendant reasonable
6compensation stated in the order not to exceed $250 for each
7defendant.
8    (e) If the court in any county having a population greater
9than 2,000,000 determines that the defendant is indigent the
10court may, upon the filing with the court of a verified
11statement of such expenses, order the county treasurer of the
12county of trial, in such counties having a population greater
13than 2,000,000 to pay the general expenses of the trial
14incurred by the defendant not to exceed $50 for each
15defendant.
16    (f) The provisions of this Section relating to appointment
17of counsel, compensation of counsel, and payment of expenses
18in capital cases apply except when the compensation and
19expenses are being provided under the Capital Crimes
20Litigation Act of 2021.
21(Source: P.A. 91-589, eff. 1-1-00.)
 
22    (725 ILCS 5/119-1)
23    Sec. 119-1. Death penalty restored abolished.
24    (a) (Blank). Beginning on the effective date of this
25amendatory Act of the 96th General Assembly, notwithstanding

 

 

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1any other law to the contrary, the death penalty is abolished
2and a sentence to death may not be imposed.
3    (b) All unobligated and unexpended moneys remaining in the
4Capital Litigation Trust Fund on the effective date of this
5amendatory Act of the 96th General Assembly shall be
6transferred into the Death Penalty Abolition Fund on the
7effective date of this amendatory Act of the 102nd General
8Assembly shall be transferred into the Capital Litigation
9Trust Fund , a special fund in the State treasury, to be
10expended by the Illinois Criminal Justice Information
11Authority, for services for families of victims of homicide or
12murder and for training of law enforcement personnel.
13(Source: P.A. 96-1543, eff. 7-1-11.)
 
14    Section 115. The State Appellate Defender Act is amended
15by changing Section 10 as follows:
 
16    (725 ILCS 105/10)  (from Ch. 38, par. 208-10)
17    Sec. 10. Powers and duties of State Appellate Defender.
18    (a) The State Appellate Defender shall represent indigent
19persons on appeal in criminal and delinquent minor
20proceedings, when appointed to do so by a court under a Supreme
21Court Rule or law of this State.
22    (b) The State Appellate Defender shall submit a budget for
23the approval of the State Appellate Defender Commission.
24    (c) The State Appellate Defender may:

 

 

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1        (1) maintain a panel of private attorneys available to
2    serve as counsel on a case basis;
3        (2) establish programs, alone or in conjunction with
4    law schools, for the purpose of utilizing volunteer law
5    students as legal assistants;
6        (3) cooperate and consult with state agencies,
7    professional associations, and other groups concerning the
8    causes of criminal conduct, the rehabilitation and
9    correction of persons charged with and convicted of crime,
10    the administration of criminal justice, and, in counties
11    of less than 1,000,000 population, study, design, develop
12    and implement model systems for the delivery of trial
13    level defender services, and make an annual report to the
14    General Assembly;
15        (4) hire investigators to provide investigative
16    services to appointed counsel and county public defenders;
17        (5) (blank);
18        (5.1) in cases in which a death sentence is an
19    authorized disposition, provide trial counsel with legal
20    assistance and the assistance of expert witnesses,
21    investigators, and mitigation specialists from funds
22    appropriated to the State Appellate Defender specifically
23    for that purpose by the General Assembly. The Office of
24    State Appellate Defender shall not be appointed to serve
25    as trial counsel in capital cases;
26        (5.5) provide training to county public defenders;

 

 

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1        (5.7) provide county public defenders with the
2    assistance of expert witnesses and investigators from
3    funds appropriated to the State Appellate Defender
4    specifically for that purpose by the General Assembly. The
5    Office of the State Appellate Defender shall not be
6    appointed to act as trial counsel;
7        (6) develop a Juvenile Defender Resource Center to:
8    (i) study, design, develop, and implement model systems
9    for the delivery of trial level defender services for
10    juveniles in the justice system; (ii) in cases in which a
11    sentence of incarceration or an adult sentence, or both,
12    is an authorized disposition, provide trial counsel with
13    legal advice and the assistance of expert witnesses and
14    investigators from funds appropriated to the Office of the
15    State Appellate Defender by the General Assembly
16    specifically for that purpose; (iii) develop and provide
17    training to public defenders on juvenile justice issues,
18    utilizing resources including the State and local bar
19    associations, the Illinois Public Defender Association,
20    law schools, the Midwest Juvenile Defender Center, and pro
21    bono efforts by law firms; and (iv) make an annual report
22    to the General Assembly.
23    Investigators employed by the Capital Trial Assistance
24Unit and Capital Post Conviction Unit of the State Appellate
25Defender shall be authorized to inquire through the Illinois
26State Police or local law enforcement with the Law Enforcement

 

 

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1Agencies Data System (LEADS) under Section 2605-375 of the
2Civil Administrative Code of Illinois to ascertain whether
3their potential witnesses have a criminal background,
4including, but not limited to: (i) warrants; (ii) arrests;
5(iii) convictions; and (iv) officer safety information. This
6authorization applies only to information held on the State
7level and shall be used only to protect the personal safety of
8the investigators. Any information that is obtained through
9this inquiry may not be disclosed by the investigators.
10    (c-5) For each State fiscal year, the State Appellate
11Defender shall request a direct appropriation from the Capital
12Litigation Trust Fund for expenses incurred by the State
13Appellate Defender in providing assistance to trial attorneys
14under paragraph (5.1) of subsection (c) of this Section and
15for expenses incurred by the State Appellate Defender in
16representing petitioners in capital cases in post-conviction
17proceedings under Article 122 of the Code of Criminal
18Procedure of 1963 and in relation to petitions filed under
19Section 2-1401 of the Code of Civil Procedure in relation to
20capital cases and for the representation of those petitioners
21by attorneys approved by or contracted with the State
22Appellate Defender and an appropriation to the State Treasurer
23for payments from the Trust Fund for the defense of cases in
24counties other than Cook County. The State Appellate Defender
25may appear before the General Assembly at other times during
26the State's fiscal year to request supplemental appropriations

 

 

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1from the Trust Fund to the State Treasurer.
2    (d) (Blank).
3    (e) The requirement for reporting to the General Assembly
4shall be satisfied by filing copies of the report as required
5by Section 3.1 of the General Assembly Organization Act and
6filing such additional copies with the State Government Report
7Distribution Center for the General Assembly as is required
8under paragraph (t) of Section 7 of the State Library Act.
9(Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)