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90_SB0381ccr001
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1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 381
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 4 to Senate Bill 381, recommend the following:
11 (1) that the Senate concur in House Amendment No. 4; and
12 (2) that Senate Bill 381, AS AMENDED, be further amended
13 as follows:
14 by replacing the title with the following:
15 "AN ACT in relation to courts and appeals."; and
16 by inserting after the last line of Sec. 122-4 of Section 15
17 the following:
18 "Section 16. The State Appellate Defender Act is amended
19 by changing Section 10.5 as follows:
20 (725 ILCS 105/10.5)
21 Sec. 10.5. Competitive bidding for appellate services.
22 (a) To the extent necessary to dispose of the State
23 Appellate Defender's backlog of indigent criminal appeals,
24 The State Appellate Defender may, to the extent necessary to
25 dispose of its backlog of indigent criminal appeals,
26 institute a competitive bidding program under which shall
27 provide that contracts for the services of attorneys
28 representing indigent defendants on appeal in non-death
29 penalty criminal appeals are cases shall be awarded under a
30 competitive selection procedure which shall provide that
31 those contracts be awarded to the lowest responsible bidder.
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1 (b) The State Appellate Defender, before letting out
2 bids for contracts for the services of attorneys to represent
3 indigent defendants on appeal in criminal cases, shall
4 advertise the letting of the bids in a publication or
5 publications of the Illinois State Bar Association, the
6 Chicago Daily Law Bulletin, and the Chicago Lawyer. The
7 State Appellate Defender shall also advertise the letting of
8 the bids in newspapers of general circulation in major
9 municipalities to be determined by the State Appellate
10 Defender. The State Appellate Defender shall mail notices of
11 the letting of the bids to county and local bar associations.
12 (c) Bids may shall be let in packages of one to , 5, 10,
13 and 20 appeals. Additional cases may be assigned, in the
14 discretion of the State Appellate Defender, after a
15 successful bidder completes work on existing packages.
16 (d) A bid for services of an attorney under this Section
17 shall be let only to an attorney licensed to practice law in
18 Illinois who has prior criminal appellate experience or to an
19 attorney who is a member or employee of a law firm which has
20 at least one member with that who has prior appellate
21 experience. Prospective bidders must furnish legal writing
22 samples that are deemed acceptable to the State Appellate
23 Defender.
24 (e) An attorney who is awarded a contract under this
25 Section shall communicate with each of his or her clients and
26 shall file each initial brief before the due date established
27 by Supreme Court Rule or by the Appellate Court. The State
28 Appellate Defender may rescind the contract for attorney
29 services and may require the return of the record on appeal
30 if the contracted attorney fails to make satisfactory
31 progress, in the opinion of the State Appellate Defender,
32 toward filing a brief.
33 (f) Gross compensation for completing of a case shall be
34 $40 per hour but shall not exceed $2,000 per case. The
35 contract shall specify the manner of payment.
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1 (g) (Blank) On the effective date of this amendatory Act
2 of 1996, the State Appellate Defender shall segregate the
3 backlog of appeals not yet processed by staff attorneys
4 employed by the State Appellate Defender.
5 (h) (Blank) Contracted attorneys under this Section
6 shall represent only indigent defendants from the backlog of
7 appeals. Upon completion of the backlog, no contract shall
8 be let for attorney services by competitive bid.
9 (Source: P.A. 89-689, eff. 12-31-96.)"; and
10 in subsection (a) of Sec. 22-105 of Section 30, by replacing
11 "of actual court costs" with "of filing fees and actual court
12 costs"; and
13 in subsection (a) of Sec. 22-105 of Section 30 by replacing
14 "payment of 20%. Thereafter 20%" with "50% of the average
15 monthly balance of the prisoner's trust fund account for the
16 past 6 months. Thereafter 50%"; and
17 in subsection (a) of Sec. 22-105 of Section 30 by deleting
18 "annually"; and
19 in subsection (a) of Sec. 22-105 of Section 30 by deleting
20 "before January 31".
21 Submitted on , 1997.
22 ______________________________ _____________________________
23 Senator Fawell Representative Scully
24 ______________________________ _____________________________
25 Senator Hawkinson Representative Gash
26 ______________________________ _____________________________
27 Senator Dillard Representative Hannig
28 ______________________________ _____________________________
29 Senator Cullerton Representative Churchill
30 ______________________________ _____________________________
31 Senator Shaw Representative Roskam
32 Committee for the Senate Committee for the House