Full Text of SB1289 96th General Assembly
SB1289eng 96TH GENERAL ASSEMBLY
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SB1289 Engrossed |
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LRB096 03761 RLC 13791 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Capital Crimes Litigation Act is amended by | 5 |
| changing Sections 10 and 15 as follows:
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| (725 ILCS 124/10)
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| Sec. 10. Court appointed trial counsel; compensation and | 8 |
| expenses.
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| (a) This Section applies only to compensation and expenses | 10 |
| of trial
counsel appointed by the court as set forth in Section | 11 |
| 5,
other than public defenders, for the period after | 12 |
| arraignment and so long as
the
State's Attorney has not, at any | 13 |
| time, filed a certificate indicating he or she
will not seek | 14 |
| the death penalty or stated on the record in open court that | 15 |
| the
death penalty will not be sought.
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| (a-5) Litigation budget.
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| (1) In a case in which the State has filed a statement | 18 |
| of intent to seek the death penalty, the court shall | 19 |
| require appointed counsel, including those appointed in | 20 |
| Cook County, after counsel has had adequate time to review | 21 |
| the case and prior to engaging trial assistance, to submit | 22 |
| a proposed estimated litigation budget for court approval, | 23 |
| that will be subject to modification in light of facts and |
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LRB096 03761 RLC 13791 b |
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| developments that emerge as the case proceeds. Case budgets | 2 |
| should be submitted ex parte and filed and maintained under | 3 |
| seal in order to protect the defendant's right to effective | 4 |
| assistance of counsel, right not to incriminate him or | 5 |
| herself and all applicable privileges. Case budgets shall | 6 |
| be reviewed and approved by the judge assigned to try the | 7 |
| case. As provided under subsection (c) of this Section, | 8 |
| petitions for compensation shall be reviewed by both the | 9 |
| trial judge and the presiding judge or the presiding | 10 |
| judge's designee.
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| (2) The litigation budget shall serve purposes | 12 |
| comparable to those of private retainer agreements by | 13 |
| confirming both the court's and the attorney's | 14 |
| expectations regarding fees and expenses. Consideration | 15 |
| should be given to employing an ex parte pretrial | 16 |
| conference in order to facilitate reaching agreement on a | 17 |
| litigation budget at the earliest opportunity.
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| (3) The budget shall be incorporated into a sealed | 19 |
| initial pretrial order that reflects the understandings of | 20 |
| the court and counsel regarding all matters affecting | 21 |
| counsel compensation and reimbursement and payments for | 22 |
| investigative, expert and other services, including but | 23 |
| not limited to the following matters:
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| (A) The hourly rate at which counsel will be | 25 |
| compensated;
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| (B) The hourly rate at which private |
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LRB096 03761 RLC 13791 b |
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| investigators, other than investigators employed by | 2 |
| the Office of the State Appellate Defender, will be | 3 |
| compensated; and
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| (C) The best preliminary estimate that can be made | 5 |
| of the cost of all services, including, but not limited | 6 |
| to, counsel, expert, and investigative services, that | 7 |
| are likely to be needed through the guilt and penalty | 8 |
| phases of the trial. The court shall have discretion to | 9 |
| require that budgets be prepared for shorter intervals | 10 |
| of time.
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| (4) Appointed counsel may obtain, subject to later | 12 |
| review, investigative,
expert or other services without | 13 |
| prior authorization if necessary for an adequate defense. | 14 |
| If such services are obtained, the presiding judge or the | 15 |
| presiding judge's designee shall consider in an ex parte | 16 |
| proceeding that timely procurement of necessary services | 17 |
| could not await prior authorization. If an ex parte hearing | 18 |
| is requested by defense counsel or deemed necessary by the | 19 |
| trial judge prior to modifying a budget, the ex parte | 20 |
| hearing shall be before the presiding judge or the | 21 |
| presiding judge's designee. The judge may then authorize | 22 |
| such services nunc pro tunc. If the presiding judge or the | 23 |
| presiding judge's designee finds that the services were not | 24 |
| reasonable, payment may be denied.
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| (5) An approved budget shall guide counsel's use of | 26 |
| time and resources by indicating the services for which |
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LRB096 03761 RLC 13791 b |
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| compensation is authorized. The case budget shall be | 2 |
| re-evaluated when justified by changed or unexpected | 3 |
| circumstances and shall be modified by the court when | 4 |
| reasonable and necessary for an adequate defense. If an ex | 5 |
| parte hearing is requested by defense counsel or deemed | 6 |
| necessary by the trial judge prior to modifying a budget, | 7 |
| the ex parte hearing shall be before the presiding judge or | 8 |
| the presiding judge's designee.
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| (b) Appointed trial counsel
shall be compensated upon | 10 |
| presentment and
certification by the
circuit court of a claim | 11 |
| for services detailing the date, activity, and time
duration | 12 |
| for
which compensation is sought. Compensation for appointed | 13 |
| trial counsel may be
paid at
a reasonable rate
not to exceed | 14 |
| $125 per hour. The court shall not authorize payment of bills | 15 |
| that are not properly itemized. A request for payment shall be | 16 |
| presented under seal and reviewed ex parte with a court | 17 |
| reporter present.
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| Beginning in 2001, every January 20, the statutory rate | 19 |
| prescribed in this
subsection shall
be automatically increased | 20 |
| or decreased, as applicable, by a percentage equal
to the
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| percentage change in the consumer price index-u during the | 22 |
| preceding 12-month
calendar
year. "Consumer price index-u" | 23 |
| means the index published by the Bureau of Labor
Statistics of | 24 |
| the United States Department of Labor that measures the average
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| change in
prices of goods and services purchased by all urban | 26 |
| consumers, United States
city
average, all items, 1982-84=100. |
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LRB096 03761 RLC 13791 b |
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| The new rate resulting from each annual
adjustment
shall be | 2 |
| determined by the State Treasurer and made available to the | 3 |
| chief
judge of
each
judicial circuit.
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| (c) Appointed trial counsel may also petition the court for | 5 |
| certification of
expenses for
reasonable and necessary capital | 6 |
| litigation expenses including, but not limited
to, | 7 |
| investigatory and other assistance, expert, forensic, and | 8 |
| other
witnesses, and mitigation specialists.
Each provider of | 9 |
| proposed services must specify the best preliminary estimate | 10 |
| that can be made in light of information received in the case | 11 |
| at that point, and the provider must sign this estimate under | 12 |
| the provisions of Section 1-109 of the Code of Civil Procedure. | 13 |
| A provider of proposed services must also specify (1) his or | 14 |
| her hourly rate; (2) the hourly rate of anyone else in his or | 15 |
| her employ for whom reimbursement is sought; and (3) the hourly | 16 |
| rate of any person or entity that may be subcontracted to | 17 |
| perform these services. Counsel may not petition for | 18 |
| certification of expenses that may have been
provided or | 19 |
| compensated by the State Appellate Defender under item (c)(5) | 20 |
| of
Section 10 of the State
Appellate
Defender Act. The | 21 |
| petitions shall be filed under seal and considered ex parte but | 22 |
| with a court reporter present for all ex parte conferences. If | 23 |
| the requests are submitted after services have been rendered, | 24 |
| the requests shall be supported by an invoice describing the | 25 |
| services rendered, the dates the services were performed and | 26 |
| the amount of time spent. These petitions shall be reviewed by |
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| both the trial judge and the presiding judge of the circuit | 2 |
| court or the presiding judge's designee. The petitions and | 3 |
| orders shall be kept under seal and shall be exempt from | 4 |
| Freedom of Information requests until the conclusion of the | 5 |
| trial, even if the prosecution chooses not to pursue the death | 6 |
| penalty prior to trial or sentencing. If an ex parte hearing is | 7 |
| requested by defense counsel or deemed necessary by the trial | 8 |
| judge, the hearing shall be before the presiding judge or the | 9 |
| presiding judge's designee.
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| (d) Appointed trial counsel shall petition the court for | 11 |
| certification of
compensation and expenses under this Section | 12 |
| periodically during the course of
counsel's representation. | 13 |
| The petitions shall be supported by itemized bills showing the | 14 |
| date, the amount of time spent, the work done and the total | 15 |
| being charged for each entry. The court shall not authorize | 16 |
| payment of bills that are not properly itemized. The court must | 17 |
| certify reasonable and necessary expenses of the petitioner for | 18 |
| travel and per diem (lodging, meals, and incidental expenses). | 19 |
| These expenses must be paid at the rate as promulgated by the | 20 |
| United States General Services Administration for these | 21 |
| expenses for the date and location in which they were incurred, | 22 |
| unless extraordinary reasons are shown for the difference. The | 23 |
| petitions shall be filed under seal and considered ex parte but | 24 |
| with a court reporter present for all ex parte conferences. The | 25 |
| petitions shall be reviewed by both the trial judge and the | 26 |
| presiding judge of the circuit court or the presiding judge's |
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LRB096 03761 RLC 13791 b |
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| designee. If an ex parte hearing is requested by defense | 2 |
| counsel or deemed necessary by the trial judge, the ex parte | 3 |
| hearing shall be before the presiding judge or the presiding | 4 |
| judge's designee. If
the court determines that the compensation | 5 |
| and expenses should be paid from the
Capital
Litigation Trust | 6 |
| Fund, the court shall certify, on a form created by the State
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| Treasurer, that all or a designated portion of the amount | 8 |
| requested is
reasonable, necessary, and appropriate for | 9 |
| payment from the Trust Fund.
The form must also be signed by | 10 |
| lead trial counsel under the provisions of Section 1-109 of the | 11 |
| Code of Civil Procedure verifying that the amount requested is | 12 |
| reasonable, necessary, and appropriate. Bills submitted for | 13 |
| payment by any individual or entity seeking payment from the | 14 |
| Capital Litigation Trust Fund must also be accompanied by a | 15 |
| form created by the State Treasurer and signed by the | 16 |
| individual or responsible agent of the entity under the | 17 |
| provisions of Section 1-109 of the Code of Civil Procedure that | 18 |
| the amount requested is accurate and truthful and reflects time | 19 |
| spent or expenses incurred. Certification of compensation and | 20 |
| expenses by a court in any county other than
Cook County shall
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| be delivered by the court to the State Treasurer and must be | 22 |
| paid by the State
Treasurer
directly from the Capital | 23 |
| Litigation Trust Fund if there are sufficient moneys
in the | 24 |
| Trust Fund to pay the compensation and expenses. If the State | 25 |
| Treasurer finds within 14 days of his or her receipt of a | 26 |
| certification that the compensation and expenses to be paid are |
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LRB096 03761 RLC 13791 b |
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| unreasonable, unnecessary, or inappropriate, he or she may | 2 |
| return the certification to the court setting forth in detail | 3 |
| the objection or objections with a request for the court to | 4 |
| review the objection or objections before resubmitting the | 5 |
| certification. The State Treasurer must send the claimant a | 6 |
| copy of the objection or objections. The State Treasurer may | 7 |
| only seek a review of a specific objection once. The claimant | 8 |
| has 7 days from his or her receipt of the objections to file a | 9 |
| response with the court. With or without further hearing, the | 10 |
| court must promptly rule on the objections. The petitions and | 11 |
| orders shall be kept under seal and shall be exempt from | 12 |
| Freedom of Information requests until the conclusion of the | 13 |
| trial and appeal of the case, even if the prosecution chooses | 14 |
| not to pursue the death penalty prior to trial or sentencing.
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| Certification of
compensation and expenses by a court in
Cook
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| County shall be delivered by the court to the county treasurer | 17 |
| and paid by the
county treasurer from moneys granted to the | 18 |
| county from the Capital Litigation
Trust Fund.
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| (Source: P.A. 94-664, eff. 1-1-06.)
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| (725 ILCS 124/15)
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| Sec. 15. Capital Litigation Trust Fund.
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| (a) The Capital Litigation
Trust Fund is
created as a | 23 |
| special fund in the State Treasury. The Trust Fund shall be
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| administered by
the State
Treasurer to provide moneys for the | 25 |
| appropriations to be made, grants to
be awarded, and |
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LRB096 03761 RLC 13791 b |
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| compensation and expenses to be paid under this Act.
All | 2 |
| interest earned from the investment or deposit of moneys | 3 |
| accumulated in the
Trust Fund shall, under Section 4.1 of the | 4 |
| State Finance Act, be deposited
into the Trust Fund.
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| (b) Moneys deposited into the Trust Fund shall not be | 6 |
| considered general
revenue of the State of Illinois.
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| (c) Moneys deposited into the Trust Fund shall be used | 8 |
| exclusively for the
purposes of
providing funding for the
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| prosecution
and defense of capital cases and for providing | 10 |
| funding for post-conviction proceedings in capital cases under | 11 |
| Article 122 of the Code of Criminal Procedure of 1963 and in | 12 |
| relation to petitions filed under Section 2-1401 of the Code of | 13 |
| Civil Procedure in relation to capital cases as provided in | 14 |
| this Act and shall not be
appropriated, loaned, or in any
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| manner
transferred to the General Revenue Fund of the State of | 16 |
| Illinois.
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| (d) Every fiscal year the State Treasurer shall transfer | 18 |
| from the General
Revenue Fund to the Capital Litigation Trust | 19 |
| Fund an amount equal to the full
amount of moneys appropriated | 20 |
| by the General Assembly (both by original and
supplemental
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| appropriation), less any unexpended balance from the previous | 22 |
| fiscal year, from
the Capital Litigation Trust Fund for the | 23 |
| specific
purpose of making funding available for the
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| prosecution and defense of capital cases and for the litigation | 25 |
| expenses associated with post-conviction proceedings in | 26 |
| capital cases under Article 122 of the Code of Criminal |
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SB1289 Engrossed |
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LRB096 03761 RLC 13791 b |
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| Procedure of 1963 and in relation to petitions filed under | 2 |
| Section 2-1401 of the Code of Civil Procedure in relation to | 3 |
| capital cases. The Public Defender and State's
Attorney in Cook | 4 |
| County, the State Appellate Defender, the State's Attorneys
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| Appellate Prosecutor, and the Attorney General shall make | 6 |
| annual requests for
appropriations from the Trust Fund.
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| (1) The Public Defender in Cook County shall
request | 8 |
| appropriations to the State Treasurer for expenses | 9 |
| incurred by
the Public Defender
and for funding for private | 10 |
| appointed defense counsel in Cook
County.
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| (2) The State's Attorney in Cook County
shall request | 12 |
| an appropriation to the State Treasurer for expenses | 13 |
| incurred
by the State's
Attorney.
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| (3) The State Appellate Defender shall request a direct | 15 |
| appropriation
from the Trust Fund for expenses incurred by | 16 |
| the State Appellate Defender in
providing assistance to | 17 |
| trial attorneys under item (c)(5) of Section 10 of the
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| State Appellate Defender Act and for expenses incurred by | 19 |
| the State Appellate Defender in representing petitioners | 20 |
| in capital cases in post-conviction proceedings under | 21 |
| Article 122 of the Code of Criminal Procedure of 1963 and | 22 |
| in relation to petitions filed under Section 2-1401 of the | 23 |
| Code of Civil Procedure in relation to capital cases and | 24 |
| for the representation of those petitioners by attorneys | 25 |
| approved by or contracted with the State Appellate Defender
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| and
an appropriation to the State Treasurer for payments |
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LRB096 03761 RLC 13791 b |
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| from the Trust Fund for
the defense of cases in
counties | 2 |
| other than Cook County.
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| (4) The State's Attorneys Appellate Prosecutor
shall | 4 |
| request a direct appropriation from the Trust Fund to pay | 5 |
| expenses
incurred by the State's Attorneys Appellate | 6 |
| Prosecutor and an appropriation to
the State Treasurer
for | 7 |
| payments from the Trust Fund for expenses incurred by | 8 |
| State's Attorneys in
counties other than Cook County.
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| (5) The Attorney General shall request a direct
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| appropriation from the Trust Fund to pay expenses incurred | 11 |
| by the Attorney
General in assisting
the State's Attorneys | 12 |
| in counties other than Cook
County and to pay for expenses | 13 |
| incurred by the Attorney General when the
Attorney General | 14 |
| is ordered by the presiding judge of the Criminal Division | 15 |
| of
the Circuit Court of Cook County to prosecute or | 16 |
| supervise the prosecution of
Cook County cases and for | 17 |
| expenses incurred by the Attorney General in representing | 18 |
| the State in post-conviction proceedings in capital cases | 19 |
| under Article 122 of the Code of Criminal Procedure of 1963 | 20 |
| and in relation to petitions filed under Section 2-1401 of | 21 |
| the Code of Civil Procedure in relation to capital cases.
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| The Public Defender and State's Attorney in Cook County, | 23 |
| the State Appellate
Defender, the State's Attorneys Appellate | 24 |
| Prosecutor, and the Attorney General
may each request | 25 |
| supplemental appropriations from the Trust Fund during the
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| fiscal
year.
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LRB096 03761 RLC 13791 b |
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| (e) Moneys in the Trust Fund shall be expended only as | 2 |
| follows:
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| (1) To pay the State Treasurer's costs to administer | 4 |
| the Trust Fund. The
amount
for this purpose may not exceed | 5 |
| 5% in any one fiscal year of the
amount otherwise | 6 |
| appropriated from the Trust Fund in the same
fiscal year.
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| (2) To pay the capital litigation
expenses of trial | 8 |
| defense and post-conviction proceedings in capital cases | 9 |
| under Article 122 of the Code of Criminal Procedure of 1963 | 10 |
| and in relation to petitions filed under Section 2-1401 of | 11 |
| the Code of Civil Procedure in relation to capital cases
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| including, but not limited
to, DNA testing, including DNA | 13 |
| testing under Section 116-3 of the Code of
Criminal | 14 |
| Procedure of 1963, analysis, and expert testimony, | 15 |
| investigatory and
other assistance, expert, forensic, and | 16 |
| other witnesses,
and mitigation specialists,
and grants | 17 |
| and aid
provided to public
defenders, appellate defenders, | 18 |
| and any attorney approved by or contracted with the State | 19 |
| Appellate Defender representing petitioners in | 20 |
| post-conviction proceedings in capital cases under Article | 21 |
| 122 of the Code of Criminal Procedure of 1963 and in | 22 |
| relation to petitions filed under Section 2-1401 of the | 23 |
| Code of Civil Procedure in relation to capital cases or | 24 |
| assistance to attorneys who have been appointed by the | 25 |
| court to
represent
defendants who are charged with capital | 26 |
| crimes. Reasonable and necessary capital litigation
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SB1289 Engrossed |
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LRB096 03761 RLC 13791 b |
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| expenses include travel and per diem (lodging, meals, and | 2 |
| incidental expenses).
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| (3) To pay the compensation of trial attorneys, other | 4 |
| than public
defenders or appellate defenders, who
have
been | 5 |
| appointed by the court to represent defendants who are | 6 |
| charged with
capital crimes or attorneys approved by or | 7 |
| contracted with the State Appellate Defender to represent | 8 |
| petitioners in post-conviction proceedings in capital | 9 |
| cases under Article 122 of the Code of Criminal Procedure | 10 |
| of 1963 and in relation to petitions filed under Section | 11 |
| 2-1401 of the Code of Civil Procedure in relation to | 12 |
| capital cases.
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| (4) To provide State's Attorneys with funding for | 14 |
| capital
litigation expenses and for expenses of | 15 |
| representing the State in post-conviction proceedings in | 16 |
| capital cases under Article 122 of the Code of Criminal | 17 |
| Procedure of 1963 and in relation to petitions filed under | 18 |
| Section 2-1401 of the Code of Civil Procedure in relation | 19 |
| to capital cases including, but not limited to, | 20 |
| investigatory and other
assistance and expert,
forensic, | 21 |
| and other
witnesses necessary to prosecute capital cases.
| 22 |
| State's Attorneys
in any county other than Cook County | 23 |
| seeking funding for
capital litigation expenses and for | 24 |
| expenses of representing the State in post-conviction | 25 |
| proceedings in capital cases under Article 122 of the Code | 26 |
| of Criminal Procedure of 1963 and in relation to petitions |
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SB1289 Engrossed |
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LRB096 03761 RLC 13791 b |
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| filed under Section 2-1401 of the Code of Civil Procedure | 2 |
| in relation to capital cases including, but not limited to,
| 3 |
| investigatory and other assistance
and expert, forensic, | 4 |
| or other witnesses under this
Section may request that
the | 5 |
| State's Attorneys Appellate Prosecutor or the Attorney | 6 |
| General, as the case
may be, certify the expenses as | 7 |
| reasonable,
necessary, and appropriate for payment from | 8 |
| the Trust Fund, on a form created
by the State Treasurer. | 9 |
| Upon certification of the expenses and delivery of the
| 10 |
| certification to the State Treasurer, the Treasurer shall | 11 |
| pay the expenses
directly from the Capital Litigation Trust | 12 |
| Fund if there are sufficient moneys
in the Trust Fund to | 13 |
| pay the expenses.
| 14 |
| (5) To provide financial support through the
Attorney | 15 |
| General pursuant to the Attorney General Act for the
| 16 |
| several county State's Attorneys outside of Cook County, | 17 |
| but shall not be used
to increase personnel for the | 18 |
| Attorney General's Office, except when the
Attorney | 19 |
| General is ordered by the presiding judge of the Criminal | 20 |
| Division of
the Circuit Court of Cook County to prosecute | 21 |
| or supervise the prosecution of
Cook County cases.
| 22 |
| (6) To provide financial support through the State's | 23 |
| Attorneys Appellate
Prosecutor pursuant to the State's | 24 |
| Attorneys Appellate Prosecutor's
Act for the several | 25 |
| county State's Attorneys outside of Cook County, but shall
| 26 |
| not be used to increase personnel for the State's Attorneys |
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SB1289 Engrossed |
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LRB096 03761 RLC 13791 b |
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| Appellate
Prosecutor.
| 2 |
| (7) To provide financial support to the State Appellate | 3 |
| Defender pursuant
to
the State Appellate Defender Act.
| 4 |
| Moneys expended from the Trust Fund shall be in addition to | 5 |
| county
funding for Public Defenders and State's Attorneys, and | 6 |
| shall not be used to
supplant or reduce ordinary and customary | 7 |
| county funding.
| 8 |
| (f) Moneys in the Trust Fund shall be appropriated to the | 9 |
| State Appellate
Defender, the State's Attorneys Appellate | 10 |
| Prosecutor, the Attorney General,
and
the State Treasurer. The | 11 |
| State Appellate Defender shall receive an
appropriation from | 12 |
| the Trust Fund to enable it to provide assistance to
appointed | 13 |
| defense counsel and attorneys approved by or contracted with | 14 |
| the State Appellate Defender to represent petitioners in | 15 |
| post-conviction proceedings in capital cases under Article 122 | 16 |
| of the Code of Criminal Procedure of 1963 and in relation to | 17 |
| petitions filed under Section 2-1401 of the Code of Civil | 18 |
| Procedure in relation to capital cases throughout the State and | 19 |
| to Public Defenders in
counties other than Cook.
The State's
| 20 |
| Attorneys Appellate Prosecutor and the Attorney General shall | 21 |
| receive
appropriations from the Trust Fund to enable them to | 22 |
| provide assistance to
State's Attorneys in counties other than | 23 |
| Cook County and when the Attorney
General is ordered by the
| 24 |
| presiding judge of the Criminal Division of the Circuit Court | 25 |
| of Cook County to
prosecute or supervise the prosecution of | 26 |
| Cook County cases.
Moneys shall be appropriated to the State |
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SB1289 Engrossed |
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LRB096 03761 RLC 13791 b |
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| Treasurer to enable the Treasurer (i)
to make grants
to
Cook | 2 |
| County, (ii) to pay the expenses of Public Defenders, the State | 3 |
| Appellate Defender, the Attorney General, the Office of the | 4 |
| State's Attorneys Appellate Prosecutor, and State's
Attorneys | 5 |
| in counties other than Cook County, (iii) to pay the expenses | 6 |
| and
compensation of appointed defense counsel and attorneys | 7 |
| approved by or contracted with the State Appellate Defender to | 8 |
| represent petitioners in post-conviction proceedings in | 9 |
| capital cases under Article 122 of the Code of Criminal | 10 |
| Procedure of 1963 and in relation to petitions filed under | 11 |
| Section 2-1401 of the Code of Civil Procedure in relation to | 12 |
| capital cases in counties other than Cook County,
and (iv) to | 13 |
| pay
the
costs of
administering the Trust Fund. All expenditures | 14 |
| and grants made from the Trust
Fund shall be subject to audit | 15 |
| by the Auditor General.
| 16 |
| (g) For Cook County, grants from the Trust Fund shall be
| 17 |
| made and administered as follows:
| 18 |
| (1) For each State fiscal year, the
State's Attorney | 19 |
| and Public Defender must each make a separate application | 20 |
| to
the State Treasurer for capital litigation grants.
| 21 |
| (2) The State Treasurer shall establish rules and | 22 |
| procedures for grant
applications. The rules shall require | 23 |
| the Cook County Treasurer as the grant
recipient to report | 24 |
| on a
periodic basis to the State Treasurer how much of the | 25 |
| grant has been
expended, how much of the grant is | 26 |
| remaining, and the purposes for which the
grant has been |
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SB1289 Engrossed |
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LRB096 03761 RLC 13791 b |
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| used. The rules may also require the Cook County Treasurer | 2 |
| to
certify on
a periodic basis that expenditures of the | 3 |
| funds have been made for expenses
that are reasonable, | 4 |
| necessary, and appropriate for payment from the Trust
Fund.
| 5 |
| (3) The State Treasurer shall make the grants to the | 6 |
| Cook County Treasurer
as soon as possible after the | 7 |
| beginning of the State fiscal year.
| 8 |
| (4) The State's Attorney or Public Defender may apply | 9 |
| for supplemental
grants during the fiscal year.
| 10 |
| (5) Grant moneys shall be paid to the Cook County | 11 |
| Treasurer in block
grants and
held in separate accounts for
| 12 |
| the State's Attorney, the Public Defender, and court | 13 |
| appointed defense counsel
other than the Cook County Public | 14 |
| Defender, respectively, for the designated
fiscal year, | 15 |
| and are not subject to county appropriation.
| 16 |
| (6) Expenditure of grant moneys under this subsection | 17 |
| (g) is subject to
audit by the Auditor General.
| 18 |
| (7) The Cook County Treasurer shall immediately make | 19 |
| payment from the
appropriate separate account in the county | 20 |
| treasury for capital litigation
expenses to the State's | 21 |
| Attorney, Public Defender, or court appointed defense
| 22 |
| counsel other than the Public Defender, as the case may be, | 23 |
| upon
order of the State's Attorney, Public Defender or the | 24 |
| court, respectively.
| 25 |
| (h) If a defendant in a capital case in Cook County is | 26 |
| represented by
court appointed counsel other than the Cook |
|
|
|
SB1289 Engrossed |
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LRB096 03761 RLC 13791 b |
|
| 1 |
| County Public Defender, the
appointed counsel shall petition | 2 |
| the court for an order directing the Cook
County Treasurer to | 3 |
| pay the court appointed counsel's reasonable and necessary
| 4 |
| compensation and capital
litigation expenses from grant moneys | 5 |
| provided from the Trust Fund.
The petitions shall be supported | 6 |
| by itemized bills showing the date, the amount of time spent, | 7 |
| the work done and the total being charged for each entry. The | 8 |
| court shall not authorize payment of bills that are not | 9 |
| properly itemized. The petitions shall be filed under seal and | 10 |
| considered ex parte but with a court reporter present for all | 11 |
| ex parte conferences. The petitions shall be reviewed by both | 12 |
| the trial judge and the presiding judge of the circuit court or | 13 |
| the presiding judge's designee. The petitions and orders shall | 14 |
| be kept under seal and shall be exempt from Freedom of | 15 |
| Information requests until the conclusion of the trial and | 16 |
| appeal of the case, even if the prosecution chooses not to | 17 |
| pursue the death penalty prior to trial or sentencing. Orders | 18 |
| denying petitions for
compensation or expenses are final.
| 19 |
| Counsel may not petition for expenses that may have been | 20 |
| provided or
compensated by the State
Appellate Defender under | 21 |
| item (c)(5) of Section 10 of the State Appellate
Defender Act.
| 22 |
| (i) In counties other than Cook County, and when the | 23 |
| Attorney General is
ordered by the presiding judge of the | 24 |
| Criminal Division of the Circuit Court of
Cook County to | 25 |
| prosecute or supervise the prosecution of Cook County cases,
| 26 |
| and excluding capital litigation
expenses or services that may |
|
|
|
SB1289 Engrossed |
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LRB096 03761 RLC 13791 b |
|
| 1 |
| have been provided by the State Appellate
Defender under item | 2 |
| (c)(5) of
Section 10 of the State Appellate Defender Act:
| 3 |
| (1) Upon certification by the circuit court, on a form | 4 |
| created by the
State Treasurer, that all or a portion of | 5 |
| the
expenses are reasonable, necessary, and appropriate | 6 |
| for payment from the Trust
Fund and the court's delivery of | 7 |
| the
certification to the Treasurer, the Treasurer shall pay | 8 |
| the certified
expenses of Public Defenders and the State | 9 |
| Appellate Defender from the money appropriated to the | 10 |
| Treasurer for
capital litigation
expenses of Public | 11 |
| Defenders and post-conviction proceeding expenses in | 12 |
| capital cases of the State Appellate Defender and expenses | 13 |
| in relation to petitions filed under Section 2-1401 of the | 14 |
| Code of Civil Procedure in relation to capital cases in any | 15 |
| county other than Cook County, if there are
sufficient | 16 |
| moneys in the Trust Fund to pay the expenses.
| 17 |
| (2) If a defendant in a capital case is represented by | 18 |
| court appointed
counsel other than the Public Defender, the | 19 |
| appointed counsel shall petition
the court to certify | 20 |
| compensation and capital litigation expenses including,
| 21 |
| but not limited to, investigatory and other assistance, | 22 |
| expert, forensic, and
other witnesses, and mitigation | 23 |
| specialists as reasonable, necessary, and
appropriate for
| 24 |
| payment from the Trust Fund. If a petitioner in a capital | 25 |
| case who has filed a petition for post-conviction relief | 26 |
| under Article 122 of the Code of Criminal Procedure of 1963 |
|
|
|
SB1289 Engrossed |
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LRB096 03761 RLC 13791 b |
|
| 1 |
| or a petition under Section 2-1401 of the Code of Civil | 2 |
| Procedure in relation to capital cases is represented by an | 3 |
| attorney approved by or contracted with the State Appellate | 4 |
| Defender other than the State Appellate Defender, that | 5 |
| attorney shall petition
the court to certify compensation | 6 |
| and litigation expenses of post-conviction proceedings | 7 |
| under Article 122 of the Code of Criminal Procedure of 1963 | 8 |
| or in relation to petitions filed under Section 2-1401 of | 9 |
| the Code of Civil Procedure in relation to capital cases.
| 10 |
| Upon certification
on a form created by the State Treasurer | 11 |
| of all or a portion of the
compensation and expenses | 12 |
| certified as reasonable, necessary, and appropriate
for | 13 |
| payment
from the Trust
Fund and the court's delivery of the | 14 |
| certification to the
Treasurer, the State Treasurer shall | 15 |
| pay the certified compensation and
expenses from the money
| 16 |
| appropriated to the Treasurer for that purpose, if there | 17 |
| are sufficient
moneys in the Trust Fund to make those | 18 |
| payments.
| 19 |
| (3) A petition for capital litigation expenses or | 20 |
| post-conviction proceeding expenses or expenses incurred | 21 |
| in filing a petition under Section 2-1401 of the Code of | 22 |
| Civil Procedure in relation to capital cases under this | 23 |
| subsection shall
be considered under seal and reviewed ex | 24 |
| parte with a court reporter present. Orders denying | 25 |
| petitions for compensation or expenses
are final.
| 26 |
| (j) If the Trust Fund is discontinued or dissolved by an |
|
|
|
SB1289 Engrossed |
- 21 - |
LRB096 03761 RLC 13791 b |
|
| 1 |
| Act of the General
Assembly or by operation of law, any balance | 2 |
| remaining in the Trust Fund shall
be returned to the General | 3 |
| Revenue Fund after deduction of administrative
costs, any other | 4 |
| provision of this Act to the contrary notwithstanding.
| 5 |
| (Source: P.A. 93-127, eff. 1-1-04; 93-605, eff. 11-19-03; | 6 |
| 93-972, eff. 8-20-04; 94-664, eff. 1-1-06.)
|
|