Full Text of SB0469 94th General Assembly
SB0469enr 94TH GENERAL ASSEMBLY
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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 Section 5 as follows:
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| (725 ILCS 124/5)
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| Sec. 5. Appointment of trial counsel in death penalty | 8 |
| cases. If an
indigent defendant
is charged with an offense for | 9 |
| which a sentence of death is authorized, and the
State's
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| Attorney has not, at or before arraignment, filed
a certificate | 11 |
| indicating he or she will not seek the
death penalty or
stated | 12 |
| on the record in open court that the death penalty will not be | 13 |
| sought,
the trial court
shall immediately appoint the Public | 14 |
| Defender, or such other qualified attorney
or
attorneys as the | 15 |
| Illinois Supreme Court shall by rule provide, to represent the
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| defendant as trial counsel.
If the Public Defender is | 17 |
| appointed, he or she shall immediately assign such
attorney or
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| attorneys who are public defenders to represent the defendant. | 19 |
| The counsel
shall meet the
qualifications
as the Supreme Court | 20 |
| shall by rule provide. At the request of court appointed | 21 |
| counsel in a case in which the death penalty is sought, | 22 |
| attorneys employed by the State Appellate Defender may enter an | 23 |
| appearance for the limited purpose of assisting counsel | 24 |
| appointed under this Section.
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| (Source: P.A. 91-589, eff. 1-1-00 .)
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| Section 10. The State Appellate Defender Act is amended by | 27 |
| changing Section 10 as follows:
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| (725 ILCS 105/10) (from Ch. 38, par. 208-10)
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| Sec. 10. Powers and duties of State Appellate Defender.
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| (a) The State Appellate Defender shall represent indigent |
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| persons on
appeal in criminal and delinquent minor proceedings, | 2 |
| when appointed to do so by
a court under a Supreme Court Rule | 3 |
| or law of this State.
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| (b) The State Appellate Defender shall submit a budget for | 5 |
| the
approval of the State Appellate Defender Commission.
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| (c) The State Appellate Defender may:
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| (1) maintain a panel of private attorneys available to | 8 |
| serve as
counsel on a case basis;
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| (2) establish programs, alone or in conjunction with | 10 |
| law schools,
for the purpose of utilizing volunteer law | 11 |
| students as legal assistants;
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| (3) cooperate and consult with state agencies, | 13 |
| professional
associations, and other groups concerning the | 14 |
| causes of criminal
conduct, the rehabilitation and | 15 |
| correction of persons charged with and
convicted of crime, | 16 |
| the administration of criminal justice, and, in
counties of | 17 |
| less than 1,000,000 population, study, design, develop and
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| implement model systems for the delivery of trial level | 19 |
| defender
services, and make an annual report to the General | 20 |
| Assembly;
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| (4) hire investigators to provide investigative | 22 |
| services to appointed counsel and county
public defenders;
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| (5) in cases in which a death sentence is an authorized | 24 |
| disposition,
provide trial counsel with legal advice and | 25 |
| the assistance of expert witnesses, investigators,
and | 26 |
| mitigation specialists from funds appropriated to the | 27 |
| State Appellate
Defender specifically for that
purpose by | 28 |
| the General Assembly. The Office of State Appellate | 29 |
| Defender shall
not be appointed to serve as trial counsel | 30 |
| in capital cases.
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| Investigators employed by the Death Penalty Trial | 32 |
| Assistance and Capital
Litigation Division of the State | 33 |
| Appellate Defender shall be authorized to
inquire
through the | 34 |
| Illinois State Police or local law enforcement with the Law
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| Enforcement
Agencies Data System (LEADS) under Section | 36 |
| 2605-375 of the Civil Administrative
Code of Illinois to |
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| ascertain whether their potential witnesses have a criminal
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| background, including: (i) warrants; (ii) arrests; (iii) | 3 |
| convictions; and (iv)
officer
safety information. This | 4 |
| authorization applies only to information held on the
State
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| level and shall be used only to protect the personal safety of | 6 |
| the
investigators. Any
information that is obtained through | 7 |
| this inquiry may not be disclosed by the
investigators.
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| (d) For each State fiscal year, the
State Appellate | 9 |
| Defender shall appear before the General Assembly and request
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| appropriations to be made from the Capital Litigation Trust | 11 |
| Fund to the State
Treasurer for the purpose of providing | 12 |
| defense assistance in capital cases
outside of Cook County and | 13 |
| for expenses incurred by the the State Appellate Defender in | 14 |
| representing petitioners in capital cases in post-conviction | 15 |
| proceedings under Article 122 of the Code of Criminal Procedure | 16 |
| of 1963 and in relation to petitions filed under Section 2-1401 | 17 |
| of the Code of Civil Procedure in relation to capital cases and | 18 |
| for the representation of those petitioners by attorneys | 19 |
| approved by or contracted with the State Appellate Defender. | 20 |
| The State Appellate Defender may appear before the
General | 21 |
| Assembly at other times during the State's fiscal year to | 22 |
| request
supplemental appropriations from the Trust Fund to the | 23 |
| State Treasurer.
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| (e) The requirement for reporting to the General Assembly | 25 |
| shall be
satisfied
by filing copies of the report with the | 26 |
| Speaker, the Minority Leader and
the Clerk of the House of | 27 |
| Representatives and the President, the Minority
Leader and the | 28 |
| Secretary of the Senate and the Legislative Research
Unit, as | 29 |
| required by Section 3.1 of the General Assembly Organization
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| Act and filing such additional copies with the State Government | 31 |
| Report
Distribution Center for
the General Assembly as is | 32 |
| required under paragraph (t) of Section 7 of the
State Library | 33 |
| Act.
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| (Source: P.A. 93-972, eff. 8-20-04; 93-1011, eff. 1-1-05; | 35 |
| revised 10-14-04.)
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