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Public Act 91-0589
SB574 Enrolled SRS91S0019PWch
AN ACT in relation to capital litigation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Capital Crimes Litigation Act.
Section 5. Appointment of trial counsel in death penalty
cases. If an indigent defendant is charged with an offense
for which a sentence of death is authorized, and the State's
Attorney has not, at or before arraignment, filed a
certificate indicating he or she will not seek the death
penalty or stated on the record in open court that the death
penalty will not be sought, the trial court shall immediately
appoint the Public Defender, or such other qualified attorney
or attorneys as the Illinois Supreme Court shall by rule
provide, to represent the defendant as trial counsel. If the
Public Defender is appointed, he or she shall immediately
assign such attorney or attorneys who are public defenders to
represent the defendant. The counsel shall meet the
qualifications as the Supreme Court shall by rule provide.
Section 10. Court appointed trial counsel; compensation
and expenses.
(a) This Section applies only to compensation and
expenses of trial counsel appointed by the court as set forth
in Section 5, other than public defenders, for the period
after arraignment and so long as the State's Attorney has
not, at any time, filed a certificate indicating he or she
will not seek the death penalty or stated on the record in
open court that the death penalty will not be sought.
(b) Appointed trial counsel shall be compensated upon
presentment and certification by the circuit court of a claim
for services detailing the date, activity, and time duration
for which compensation is sought. Compensation for appointed
trial counsel may be paid at a reasonable rate not to exceed
$125 per hour.
Beginning in 2001, every January 20, the statutory rate
prescribed in this subsection shall be automatically
increased or decreased, as applicable, by a percentage equal
to the percentage change in the consumer price index-u during
the preceding 12-month calendar year. "Consumer price
index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items, 1982-84=100. The new rate resulting from each
annual adjustment shall be determined by the State Treasurer
and made available to the chief judge of each judicial
circuit.
(c) Appointed trial counsel may also petition the court
for certification of expenses for reasonable and necessary
capital litigation expenses including, but not limited to,
investigatory and other assistance, expert, forensic, and
other witnesses, and mitigation specialists. Counsel may not
petition for certification of expenses that may have been
provided or compensated by the State Appellate Defender under
item (c)(5) of Section 10 of the State Appellate Defender
Act.
(d) Appointed trial counsel shall petition the court for
certification of compensation and expenses under this Section
periodically during the course of counsel's representation.
If the court determines that the compensation and expenses
should be paid from the Capital Litigation Trust Fund, the
court shall certify, on a form created by the State
Treasurer, that all or a designated portion of the amount
requested is reasonable, necessary, and appropriate for
payment from the Trust Fund. Certification of compensation
and expenses by a court in any county other than Cook County
shall be delivered by the court to the State Treasurer and
paid by the State Treasurer directly from the Capital
Litigation Trust Fund if there are sufficient moneys in the
Trust Fund to pay the compensation and expenses.
Certification of compensation and expenses by a court in Cook
County shall be delivered by the court to the county
treasurer and paid by the county treasurer from moneys
granted to the county from the Capital Litigation Trust Fund.
Section 15. Capital Litigation Trust Fund.
(a) The Capital Litigation Trust Fund is created as a
special fund in the State Treasury. The Trust Fund shall be
administered by the State Treasurer to provide moneys for the
appropriations to be made, grants to be awarded, and
compensation and expenses to be paid under this Act. All
interest earned from the investment or deposit of moneys
accumulated in the Trust Fund shall, under Section 4.1 of the
State Finance Act, be deposited into the Trust Fund.
(b) Moneys deposited into the Trust Fund shall not be
considered general revenue of the State of Illinois.
(c) Moneys deposited into the Trust Fund shall be used
exclusively for the purposes of providing funding for the
prosecution and defense of capital cases as provided in this
Act and shall not be appropriated, loaned, or in any manner
transferred to the General Revenue Fund of the State of
Illinois.
(d) Every fiscal year the State Treasurer shall transfer
from the General Revenue Fund to the Capital Litigation Trust
Fund an amount equal to the full amount of moneys
appropriated by the General Assembly (both by original and
supplemental appropriation), less any unexpended balance from
the previous fiscal year, from the Capital Litigation Trust
Fund for the specific purpose of making funding available for
the prosecution and defense of capital cases. The Public
Defender and State's Attorney in Cook County, the State
Appellate Defender, the State's Attorneys Appellate
Prosecutor, and the Attorney General shall make annual
requests for appropriations from the Trust Fund.
(1) The Public Defender in Cook County shall
request appropriations to the State Treasurer for
expenses incurred by the Public Defender and for funding
for private appointed defense counsel in Cook County.
(2) The State's Attorney in Cook County shall
request an appropriation to the State Treasurer for
expenses incurred by the State's Attorney.
(3) The State Appellate Defender shall request a
direct appropriation from the Trust Fund for expenses
incurred by the State Appellate Defender in providing
assistance to trial attorneys under item (c)(5) of
Section 10 of the State Appellate Defender Act and an
appropriation to the State Treasurer for payments from
the Trust Fund for the defense of cases in counties other
than Cook County.
(4) The State's Attorneys Appellate Prosecutor
shall request a direct appropriation from the Trust Fund
to pay expenses incurred by the State's Attorneys
Appellate Prosecutor and an appropriation to the State
Treasurer for payments from the Trust Fund for expenses
incurred by State's Attorneys in counties other than Cook
County.
(5) The Attorney General shall request a direct
appropriation from the Trust Fund to pay expenses
incurred by the Attorney General in assisting the State's
Attorneys in counties other than Cook County.
The Public Defender and State's Attorney in Cook County,
the State Appellate Defender, the State's Attorneys Appellate
Prosecutor, and the Attorney General may each request
supplemental appropriations from the Trust Fund during the
fiscal year.
(e) Moneys in the Trust Fund shall be expended only as
follows:
(1) To pay the State Treasurer's costs to
administer the Trust Fund. The amount for this purpose
may not exceed 5% in any one fiscal year of the amount
otherwise appropriated from the Trust Fund in the same
fiscal year.
(2) To pay the capital litigation expenses of trial
defense including, but not limited to, investigatory and
other assistance, expert, forensic, and other witnesses,
and mitigation specialists, and grants and aid provided
to public defenders or assistance to attorneys who have
been appointed by the court to represent defendants who
are charged with capital crimes.
(3) To pay the compensation of trial attorneys,
other than public defenders, who have been appointed by
the court to represent defendants who are charged with
capital crimes.
(4) To provide State's Attorneys with funding for
capital litigation expenses including, but not limited
to, investigatory and other assistance and expert,
forensic, and other witnesses necessary to prosecute
capital cases. State's Attorneys in any county other
than Cook County seeking funding for capital litigation
expenses including, but not limited to, investigatory and
other assistance and expert, forensic, or other witnesses
under this Section may request that the State's Attorneys
Appellate Prosecutor or the Attorney General, as the case
may be, certify the expenses as reasonable, necessary,
and appropriate for payment from the Trust Fund, on a
form created by the State Treasurer. Upon certification
of the expenses and delivery of the certification to the
State Treasurer, the Treasurer shall pay the expenses
directly from the Capital Litigation Trust Fund if there
are sufficient moneys in the Trust Fund to pay the
expenses.
(5) To provide financial support through the
Attorney General pursuant to the Attorney General Act for
the several county State's Attorneys outside of Cook
County, but shall not be used to increase personnel for
the Attorney General's Office.
(6) To provide financial support through the
State's Attorneys Appellate Prosecutor pursuant to the
State's Attorneys Appellate Prosecutor's Act for the
several county State's Attorneys outside of Cook County,
but shall not be used to increase personnel for the
State's Attorneys Appellate Prosecutor.
(7) To provide financial support to the State
Appellate Defender pursuant to the State Appellate
Defender Act.
Moneys expended from the Trust Fund shall be in addition
to county funding for Public Defenders and State's Attorneys,
and shall not be used to supplant or reduce ordinary and
customary county funding.
(f) Moneys in the Trust Fund shall be appropriated to
the State Appellate Defender, the State's Attorneys Appellate
Prosecutor, the Attorney General, and the State Treasurer.
The State Appellate Defender shall receive an appropriation
from the Trust Fund to enable it to provide assistance to
appointed defense counsel throughout the State and to Public
Defenders in counties other than Cook. The State's Attorneys
Appellate Prosecutor and the Attorney General shall receive
appropriations from the Trust Fund to enable them to provide
assistance to State's Attorneys in counties other than Cook
County. Moneys shall be appropriated to the State Treasurer
to enable the Treasurer (i) to make grants to Cook County,
(ii) to pay the expenses of Public Defenders and State's
Attorneys in counties other than Cook County, (iii) to pay
the expenses and compensation of appointed defense counsel in
counties other than Cook County, and (iv) to pay the costs of
administering the Trust Fund. All expenditures and grants
made from the Trust Fund shall be subject to audit by the
Auditor General.
(g) For Cook County, grants from the Trust Fund shall be
made and administered as follows:
(1) For each State fiscal year, the State's
Attorney and Public Defender must each make a separate
application to the State Treasurer for capital litigation
grants.
(2) The State Treasurer shall establish rules and
procedures for grant applications. The rules shall
require the Cook County Treasurer as the grant recipient
to report on a periodic basis to the State Treasurer how
much of the grant has been expended, how much of the
grant is remaining, and the purposes for which the grant
has been used. The rules may also require the Cook
County Treasurer to certify on a periodic basis that
expenditures of the funds have been made for expenses
that are reasonable, necessary, and appropriate for
payment from the Trust Fund.
(3) The State Treasurer shall make the grants to
the Cook County Treasurer as soon as possible after the
beginning of the State fiscal year.
(4) The State's Attorney or Public Defender may
apply for supplemental grants during the fiscal year.
(5) Grant moneys shall be paid to the Cook County
Treasurer in block grants and held in separate accounts
for the State's Attorney, the Public Defender, and court
appointed defense counsel other than the Cook County
Public Defender, respectively, for the designated fiscal
year, and are not subject to county appropriation.
(6) Expenditure of grant moneys under this
subsection (g) is subject to audit by the Auditor
General.
(7) The Cook County Treasurer shall immediately
make payment from the appropriate separate account in the
county treasury for capital litigation expenses to the
State's Attorney, Public Defender, or court appointed
defense counsel other than the Public Defender, as the
case may be, upon order of the State's Attorney, Public
Defender or the court, respectively.
(h) If a defendant in a capital case in Cook County is
represented by court appointed counsel other than the Cook
County Public Defender, the appointed counsel shall petition
the court for an order directing the Cook County Treasurer to
pay the court appointed counsel's reasonable and necessary
compensation and capital litigation expenses from grant
moneys provided from the Trust Fund. These petitions shall be
considered in camera. Orders denying petitions for
compensation or expenses are final. Counsel may not petition
for expenses that may have been provided or compensated by
the State Appellate Defender under item (c)(5) of Section 10
of the State Appellate Defender Act.
(i) In counties other than Cook County, and excluding
capital litigation expenses or services that may have been
provided by the State Appellate Defender under item (c)(5) of
Section 10 of the State Appellate Defender Act:
(1) Upon certification by the circuit court, on a
form created by the State Treasurer, that all or a
portion of the expenses are reasonable, necessary, and
appropriate for payment from the Trust Fund and the
court's delivery of the certification to the Treasurer,
the Treasurer shall pay the certified expenses of Public
Defenders from the money appropriated to the Treasurer
for capital litigation expenses of Public Defenders in
any county other than Cook County, if there are
sufficient moneys in the Trust Fund to pay the expenses.
(2) If a defendant in a capital case is represented
by court appointed counsel other than the Public
Defender, the appointed counsel shall petition the court
to certify compensation and capital litigation expenses
including, but not limited to, investigatory and other
assistance, expert, forensic, and other witnesses, and
mitigation specialists as reasonable, necessary, and
appropriate for payment from the Trust Fund. Upon
certification on a form created by the State Treasurer of
all or a portion of the compensation and expenses
certified as reasonable, necessary, and appropriate for
payment from the Trust Fund and the court's delivery of
the certification to the Treasurer, the State Treasurer
shall pay the certified compensation and expenses from
the money appropriated to the Treasurer for that purpose,
if there are sufficient moneys in the Trust Fund to make
those payments.
(3) A petition for capital litigation expenses
under this subsection shall be considered in camera.
Orders denying petitions for compensation or expenses are
final.
(j) If the Trust Fund is discontinued or dissolved by an
Act of the General Assembly or by operation of law, any
balance remaining in the Trust Fund shall be returned to the
General Revenue Fund after deduction of administrative costs,
any other provision of this Act to the contrary
notwithstanding.
Section 19. Report; repeal.
(a) The Cook County Public Defender, the Cook County
State's Attorney, the State Appellate Defender, the State's
Attorneys Appellate Prosecutor, and the Attorney General
shall each report separately to the General Assembly by
January 1, 2004 detailing the amounts of money received by
them through this Act, the uses for which those funds were
expended, the balances then in the Capital Litigation Trust
Fund or county accounts, as the case may be, dedicated to
them for the use and support of Public Defenders, appointed
trial defense counsel, and State's Attorneys, as the case may
be. The report shall describe and discuss the need for
continued funding through the Fund and contain any
suggestions for changes to this Act.
(b) Unless the General Assembly provides otherwise, this
Act is repealed on July 1, 2004.
Section 20. The Civil Administrative Code of Illinois is
amended by changing Section 55a-4 as follows:
(20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
Sec. 55a-4. The Division of Forensic Services shall
exercise the following functions:
1. to exercise the rights, powers and duties vested by
law in the Department by "An Act in relation to criminal
identification and investigation", approved July 2, 1931, as
amended;
2. to exercise the rights, powers and duties vested by
law in the Department by subsection (5) of Section 55a of
this Act;
3. to provide assistance to local law enforcement
agencies through training, management and consultant
services;
4. to exercise the rights, powers and duties vested by
law in the Department by "An Act relating to the
acquisition, possession and transfer of firearms and firearm
ammunition and to provide a penalty for the violation thereof
and to make an appropriation in connection therewith",
approved August 3, 1967, as amended;
5. to exercise other duties which may be assigned by the
Director in order to fulfill the responsibilities and achieve
the purposes of the Department; and
6. to establish and operate a forensic science
laboratory system, including a forensic toxicological
laboratory service, for the purpose of testing specimens
submitted by coroners and other law enforcement officers in
their efforts to determine whether alcohol, drugs or
poisonous or other toxic substances have been involved in
deaths, accidents or illness. Forensic toxicological
laboratories shall be established in Springfield, Chicago and
elsewhere in the State as needed; and.
7. subject to specific appropriations made for these
purposes, to establish and coordinate a system for providing
accurate and expedited forensic science and other
investigative and laboratory services to local law
enforcement agencies and local State's Attorneys in aid of
the investigation and trial of capital cases.
(Source: P.A. 90-130, eff. 1-1-98.)
Section 23. The State Finance Act is amended by adding
Section 5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. Capital Litigation Trust Fund.
Section 25. The Counties Code is amended by changing
Section 3-9005 and adding Section 3-4006.1 as follows:
(55 ILCS 5/3-4006.1 new)
Sec. 3-4006.1. Powers and Duties of the Cook County
Public Defender. For each State fiscal year, the Cook County
Public Defender shall appear before the General Assembly and
request appropriations to be made from the Capital Litigation
Trust Fund to the State Treasurer for the purpose of
providing trial defense assistance in capital cases. The
Public Defender may appear before the General Assembly at
other times during the State's fiscal year to request
supplemental appropriations be made from the Trust Fund to
the State Treasurer.
(55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
Sec. 3-9005. Powers and duties of State's attorney.
(a) The duty of each State's attorney shall be:
(1) To commence and prosecute all actions, suits,
indictments and prosecutions, civil and criminal, in the
circuit court for his county, in which the people of the
State or county may be concerned.
(2) To prosecute all forfeited bonds and
recognizances, and all actions and proceedings for the
recovery of debts, revenues, moneys, fines, penalties and
forfeitures accruing to the State or his county, or to
any school district or road district in his county; also,
to prosecute all suits in his county against railroad or
transportation companies, which may be prosecuted in the
name of the People of the State of Illinois.
(3) To commence and prosecute all actions and
proceedings brought by any county officer in his official
capacity.
(4) To defend all actions and proceedings brought
against his county, or against any county or State
officer, in his official capacity, within his county.
(5) To attend the examination of all persons
brought before any judge on habeas corpus, when the
prosecution is in his county.
(6) To attend before judges and prosecute charges
of felony or misdemeanor, for which the offender is
required to be recognized to appear before the circuit
court, when in his power so to do.
(7) To give his opinion, without fee or reward, to
any county officer in his county, upon any question or
law relating to any criminal or other matter, in which
the people or the county may be concerned.
(8) To assist the attorney general whenever it may
be necessary, and in cases of appeal from his county to
the Supreme Court, to which it is the duty of the
attorney general to attend, he shall furnish the attorney
general at least 10 days before such is due to be filed,
a manuscript of a proposed statement, brief and argument
to be printed and filed on behalf of the people, prepared
in accordance with the rules of the Supreme Court.
However, if such brief, argument or other document is due
to be filed by law or order of court within this 10 day
period, then the State's attorney shall furnish such as
soon as may be reasonable.
(9) To pay all moneys received by him in trust,
without delay, to the officer who by law is entitled to
the custody thereof.
(10) To notify, by first class mail, complaining
witnesses of the ultimate disposition of the cases
arising from an indictment or an information.
(11) To perform such other and further duties as
may, from time to time, be enjoined on him by law.
(12) To appear in all proceedings by collectors of
taxes against delinquent taxpayers for judgments to sell
real estate, and see that all the necessary preliminary
steps have been legally taken to make the judgment legal
and binding.
(b) The State's Attorney of each county shall have
authority to appoint one or more special investigators to
serve subpoenas, make return of process and conduct
investigations which assist the State's Attorney in the
performance of his duties. A special investigator shall not
carry firearms except with permission of the State's Attorney
and only while carrying appropriate identification indicating
his employment and in the performance of his assigned duties.
Subject to the qualifications set forth in this
subsection, special investigators shall be peace officers and
shall have all the powers possessed by investigators under
the State's Attorneys Appellate Prosecutor's Act.
No special investigator employed by the State's Attorney
shall have peace officer status or exercise police powers
unless he or she successfully completes the basic police
training course mandated and approved by the Illinois Law
Enforcement Training Standards Board or such board waives the
training requirement by reason of the special investigator's
prior law enforcement experience or training or both. Any
State's Attorney appointing a special investigator shall
consult with all affected local police agencies, to the
extent consistent with the public interest, if the special
investigator is assigned to areas within that agency's
jurisdiction.
Before a person is appointed as a special investigator,
his fingerprints shall be taken and transmitted to the
Department of State Police. The Department shall examine its
records and submit to the State's Attorney of the county in
which the investigator seeks appointment any conviction
information concerning the person on file with the
Department. No person shall be appointed as a special
investigator if he has been convicted of a felony or other
offense involving moral turpitude. A special investigator
shall be paid a salary and be reimbursed for actual expenses
incurred in performing his assigned duties. The county board
shall approve the salary and actual expenses and appropriate
the salary and expenses in the manner prescribed by law or
ordinance.
(c) The State's Attorney may request and receive from
employers, labor unions, telephone companies, and utility
companies location information concerning putative fathers
and noncustodial parents for the purpose of establishing a
child's paternity or establishing, enforcing, or modifying a
child support obligation. In this subsection, "location
information" means information about (i) the physical
whereabouts of a putative father or noncustodial parent, (ii)
the putative father or noncustodial parent's employer, or
(iii) the salary, wages, and other compensation paid and the
health insurance coverage provided to the putative father or
noncustodial parent by the employer of the putative father or
noncustodial parent or by a labor union of which the putative
father or noncustodial parent is a member.
(d) For each State fiscal year, the State's Attorney of
Cook County shall appear before the General Assembly and
request appropriations to be made from the Capital Litigation
Trust Fund to the State Treasurer for the purpose of
providing assistance in the prosecution of capital cases in
Cook County. The State's Attorney may appear before the
General Assembly at other times during the State's fiscal
year to request supplemental appropriations from the Trust
Fund to the State Treasurer.
(Source: P.A. 88-586, eff. 8-12-94; 89-395, eff. 1-1-96.)
Section 30. The Code of Criminal Procedure of 1963 is
amended by changing Section 113-3 as follows:
(725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
Sec. 113-3. (a) Every person charged with an offense
shall be allowed counsel before pleading to the charge. If
the defendant desires counsel and has been unable to obtain
same before arraignment the court shall recess court or
continue the cause for a reasonable time to permit defendant
to obtain counsel and consult with him before pleading to the
charge. If the accused is a dissolved corporation, and is not
represented by counsel, the court may, in the interest of
justice, appoint as counsel a licensed attorney of this
State.
(b) In all cases, except where the penalty is a fine
only, if the court determines that the defendant is indigent
and desires counsel, the Public Defender shall be appointed
as counsel. If there is no Public Defender in the county or
if the defendant requests counsel other than the Public
Defender and the court finds that the rights of the defendant
will be prejudiced by the appointment of the Public Defender,
the court shall appoint as counsel a licensed attorney at law
of this State, except that in a county having a population of
2,000,000 1,000,000 or more the Public Defender shall be
appointed as counsel in all misdemeanor cases where the
defendant is indigent and desires counsel unless the case
involves multiple defendants, in which case the court may
appoint counsel other than the Public Defender for the
additional defendants. The court shall require an affidavit
signed by any defendant who requests court-appointed counsel.
Such affidavit shall be in the form established by the
Supreme Court containing sufficient information to ascertain
the assets and liabilities of that defendant. The Court may
direct the Clerk of the Circuit Court to assist the defendant
in the completion of the affidavit. Any person who knowingly
files such affidavit containing false information concerning
his assets and liabilities shall be liable to the county
where the case, in which such false affidavit is filed, is
pending for the reasonable value of the services rendered by
the public defender or other court-appointed counsel in the
case to the extent that such services were unjustly or
falsely procured.
(c) Upon the filing with the court of a verified
statement of services rendered the court shall order the
county treasurer of the county of trial to pay counsel other
than the Public Defender a reasonable fee. The court shall
consider all relevant circumstances, including but not
limited to the time spent while court is in session, other
time spent in representing the defendant, and expenses
reasonably incurred by counsel. In counties with a
population greater than 2,000,000, the court shall order the
county treasurer of the county of trial to pay counsel other
than the Public Defender a reasonable fee stated in the order
and based upon a rate of compensation of not more than $40
for each hour spent while court is in session and not more
than $30 for each hour otherwise spent representing a
defendant, and such compensation shall not exceed $150 for
each defendant represented in misdemeanor cases and $1250 in
felony cases, in addition to expenses reasonably incurred as
hereinafter in this Section provided, except that, in
extraordinary circumstances, payment in excess of the limits
herein stated may be made if the trial court certifies that
such payment is necessary to provide fair compensation for
protracted representation. A trial court may entertain the
filing of this verified statement before the termination of
the cause, and may order the provisional payment of sums
during the pendency of the cause.
(d) In capital cases, in addition to counsel, if the
court determines that the defendant is indigent the court
may, upon the filing with the court of a verified statement
of services rendered, order the county Treasurer of the
county of trial to pay necessary expert witnesses for
defendant reasonable compensation stated in the order not to
exceed $250 for each defendant.
(e) If the court in any county having a population
greater than 2,000,000 1,000,000 determines that the
defendant is indigent the court may, upon the filing with the
court of a verified statement of such expenses, order the
county treasurer of the county of trial, in such counties
having a population greater than 2,000,000 1,000,000 to pay
the general expenses of the trial incurred by the defendant
not to exceed $50 for each defendant.
(f) The provisions of this Section relating to
appointment of counsel, compensation of counsel, and payment
of expenses in capital cases apply except when the
compensation and expenses are being provided under the
Capital Crimes Litigation Act.
(Source: P.A. 85-1344.)
Section 35. The State Appellate Defender Act is amended
by changing Section 10 as follows:
(725 ILCS 105/10) (from Ch. 38, par. 208-10)
Sec. 10. Powers and duties of State Appellate Defender.
(a) The State Appellate Defender shall represent
indigent persons on appeal in criminal and delinquent minor
proceedings, when appointed to do so by a court under a
Supreme Court Rule or law of this State.
(b) The State Appellate Defender shall submit a budget
for the approval of the State Appellate Defender Commission.
(c) The State Appellate Defender may:
(1) maintain a panel of private attorneys available
to serve as counsel on a case basis;
(2) establish programs, alone or in conjunction
with law schools, for the purpose of utilizing volunteer
law students as legal assistants;
(3) cooperate and consult with state agencies,
professional associations, and other groups concerning
the causes of criminal conduct, the rehabilitation and
correction of persons charged with and convicted of
crime, the administration of criminal justice, and, in
counties of less than 1,000,000 population, study,
design, develop and implement model systems for the
delivery of trial level defender services, and make an
annual report to the General Assembly;
(4) provide investigative services to appointed
counsel and county public defenders;.
(5) in cases in which a death sentence is an
authorized disposition, provide trial counsel with 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. The Office of State Appellate
Defender shall not be appointed to serve as trial counsel
in capital cases.
(d) For each State fiscal year, the State Appellate
Defender shall appear before the General Assembly and request
appropriations to be made from the Capital Litigation Trust
Fund to the State Treasurer for the purpose of providing
defense assistance in capital cases outside of Cook County.
The State Appellate Defender may appear before the General
Assembly at other times during the State's fiscal year to
request supplemental appropriations from the Trust Fund to
the State Treasurer.
(e) The requirement for reporting to the General
Assembly shall be satisfied by filing copies of the report
with the Speaker, the Minority Leader and the Clerk of the
House of Representatives and the President, the Minority
Leader and the Secretary of the Senate and the Legislative
Research Unit, as required by Section 3.1 of the General
Assembly Organization Act and filing such additional copies
with the State Government Report Distribution Center for the
General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act.
(Source: P.A. 86-1210; 87-435; 87-580; 87-614.)
Section 99. Effective date. This Act takes effect on
January 1, 2000.
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