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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||||||||
5 | Capital Crimes Litigation Act of 2014.
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6 | Section 5. Appointment of trial counsel in death penalty | ||||||||||||||||||||||||||||||||||
7 | cases. If an indigent defendant is charged with an offense for | ||||||||||||||||||||||||||||||||||
8 | which a sentence of death is authorized, and the State's | ||||||||||||||||||||||||||||||||||
9 | Attorney has not, at or before arraignment, filed a certificate | ||||||||||||||||||||||||||||||||||
10 | indicating he or she will not seek the death penalty or stated | ||||||||||||||||||||||||||||||||||
11 | on the record in open court that the death penalty will not be | ||||||||||||||||||||||||||||||||||
12 | sought, the trial court shall immediately appoint the Public | ||||||||||||||||||||||||||||||||||
13 | Defender, or such other qualified attorney or attorneys as the | ||||||||||||||||||||||||||||||||||
14 | Illinois Supreme Court shall by rule provide, to represent the | ||||||||||||||||||||||||||||||||||
15 | defendant as trial counsel. If the Public Defender is | ||||||||||||||||||||||||||||||||||
16 | appointed, he or she shall immediately assign such attorney or | ||||||||||||||||||||||||||||||||||
17 | attorneys who are public defenders to represent the defendant. | ||||||||||||||||||||||||||||||||||
18 | The counsel shall meet the qualifications as the Supreme Court | ||||||||||||||||||||||||||||||||||
19 | shall by rule provide. At the request of court appointed | ||||||||||||||||||||||||||||||||||
20 | counsel in a case in which the death penalty is sought, | ||||||||||||||||||||||||||||||||||
21 | attorneys employed by the State Appellate Defender may enter an | ||||||||||||||||||||||||||||||||||
22 | appearance for the limited purpose of assisting counsel | ||||||||||||||||||||||||||||||||||
23 | appointed under this Section.
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1 | Section 10. Court appointed trial counsel; compensation | ||||||
2 | and expenses. | ||||||
3 | (a) This Section applies only to compensation and expenses | ||||||
4 | of trial counsel appointed by the court as set forth in Section | ||||||
5 | 5, other than public defenders, for the period after | ||||||
6 | arraignment and so long as the State's Attorney has not, at any | ||||||
7 | time, filed a certificate indicating he or she will not seek | ||||||
8 | the death penalty or stated on the record in open court that | ||||||
9 | the 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 budgets | ||||||
19 | should be submitted ex parte and filed and maintained under | ||||||
20 | seal in order to protect the defendant's right to effective | ||||||
21 | assistance of counsel, right not to incriminate him or | ||||||
22 | herself and all applicable privileges. Case budgets shall | ||||||
23 | be reviewed and approved by the judge assigned to try the | ||||||
24 | case. As provided under subsection (c) of this Section, | ||||||
25 | petitions for compensation shall be reviewed by both the |
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1 | trial judge and the presiding judge or the presiding | ||||||
2 | judge's designee.
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3 | (2) The litigation budget shall serve purposes
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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
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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
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17 | compensated; | ||||||
18 | (B) The hourly rate at which private
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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 limited | ||||||
24 | to, counsel, expert, and investigative services, that | ||||||
25 | are likely to be needed through the guilt and penalty | ||||||
26 | phases of the trial. The court shall have discretion to |
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1 | require that budgets be prepared for shorter intervals | ||||||
2 | of time. | ||||||
3 | (4) Appointed counsel may obtain, subject to later
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4 | review, investigative, expert or other services without | ||||||
5 | prior authorization if necessary for an adequate defense. | ||||||
6 | If such 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 hearing | ||||||
10 | is requested by defense counsel or deemed necessary by the | ||||||
11 | trial judge prior to modifying a budget, the ex parte | ||||||
12 | hearing shall be before the presiding judge or the | ||||||
13 | presiding judge's designee. The judge may then authorize | ||||||
14 | such services nunc pro tunc. If the presiding judge or the | ||||||
15 | presiding judge's designee finds that the services were not | ||||||
16 | reasonable, payment may be denied. | ||||||
17 | (5) An approved budget shall guide counsel's use of
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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 or | ||||||
26 | the presiding judge's designee. |
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1 | (b) Appointed trial counsel shall be compensated upon | ||||||
2 | presentment and certification by the circuit court of a claim | ||||||
3 | for services detailing the date, activity, and time duration | ||||||
4 | for which compensation is sought. Compensation for appointed | ||||||
5 | trial counsel may be paid at a reasonable rate not to exceed | ||||||
6 | $125 per hour. The court shall not authorize payment of bills | ||||||
7 | that are not properly itemized. A request for payment shall be | ||||||
8 | presented under seal and reviewed ex parte with a court | ||||||
9 | reporter present.
Every January 20, the statutory rate | ||||||
10 | prescribed in this subsection shall be automatically increased | ||||||
11 | or decreased, as applicable, by a percentage equal to the | ||||||
12 | percentage change in the consumer price index-u during the | ||||||
13 | preceding 12-month calendar year. "Consumer price index-u" | ||||||
14 | means the index published by the Bureau of Labor Statistics of | ||||||
15 | the United States Department of Labor that measures the average | ||||||
16 | change in prices of goods and services purchased by all urban | ||||||
17 | consumers, United States city average, all items, 1982-84=100. | ||||||
18 | The new rate resulting from each annual adjustment shall be | ||||||
19 | determined by the State Treasurer and made available to the | ||||||
20 | chief judge of each judicial circuit. | ||||||
21 | (c) Appointed trial counsel may also petition the court for | ||||||
22 | certification of expenses for reasonable and necessary capital | ||||||
23 | litigation expenses including, but not limited to, | ||||||
24 | investigatory and other assistance, expert, forensic, and | ||||||
25 | other witnesses, and mitigation specialists. Each provider of | ||||||
26 | proposed services must specify the best preliminary estimate |
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1 | that can be made in light of information received in the case | ||||||
2 | at that point, and the provider must sign this estimate under | ||||||
3 | the provisions of Section 1-109 of the Code of Civil Procedure. | ||||||
4 | A provider of proposed services must also specify (1) his or | ||||||
5 | her hourly rate; (2) the hourly rate of anyone else in his or | ||||||
6 | her employ for whom reimbursement is sought; and (3) the hourly | ||||||
7 | rate of any person or entity that may be subcontracted to | ||||||
8 | perform these services. Counsel may not petition for | ||||||
9 | certification of expenses that may have been provided or | ||||||
10 | compensated by the State Appellate Defender under item (c)(5.1) | ||||||
11 | of Section 10 of the State Appellate Defender Act. The | ||||||
12 | petitions shall be filed under seal and considered ex parte but | ||||||
13 | with a court reporter present for all ex parte conferences. If | ||||||
14 | the requests are submitted after services have been rendered, | ||||||
15 | the requests shall be supported by an invoice describing the | ||||||
16 | services rendered, the dates the services were performed and | ||||||
17 | the amount of time spent. These petitions shall be reviewed by | ||||||
18 | both the trial judge and the presiding judge of the circuit | ||||||
19 | court or the presiding judge's designee. The petitions and | ||||||
20 | orders shall be kept under seal and shall be exempt from | ||||||
21 | Freedom of Information requests until the conclusion of the | ||||||
22 | trial, even if the prosecution chooses not to pursue the death | ||||||
23 | penalty prior to trial or sentencing. If an ex parte hearing is | ||||||
24 | requested by defense counsel or deemed necessary by the trial | ||||||
25 | judge, the hearing shall be before the presiding judge or the | ||||||
26 | presiding judge's designee. |
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1 | (d) Appointed trial counsel shall petition the court for | ||||||
2 | certification of compensation and expenses under this Section | ||||||
3 | periodically during the course of counsel's representation. | ||||||
4 | The petitions shall be supported by itemized bills showing the | ||||||
5 | date, the amount of time spent, the work done and the total | ||||||
6 | being charged for each entry. The court shall not authorize | ||||||
7 | payment of bills that are not properly itemized. The court must | ||||||
8 | certify reasonable and necessary expenses of the petitioner for | ||||||
9 | travel and per diem (lodging, meals, and incidental expenses). | ||||||
10 | These expenses must be paid at the rate as promulgated by the | ||||||
11 | United States General Services Administration for these | ||||||
12 | expenses for the date and location in which they were incurred, | ||||||
13 | unless extraordinary reasons are shown for the difference. The | ||||||
14 | petitions shall be filed under seal and considered ex parte but | ||||||
15 | with a court reporter present for all ex parte conferences. The | ||||||
16 | petitions shall be reviewed by both the trial judge and the | ||||||
17 | presiding judge of the circuit court or the presiding judge's | ||||||
18 | designee. If an ex parte hearing is requested by defense | ||||||
19 | counsel or deemed necessary by the trial judge, the ex parte | ||||||
20 | hearing shall be before the presiding judge or the presiding | ||||||
21 | judge's designee. If the court determines that the compensation | ||||||
22 | and expenses should be paid from the Capital Litigation Trust | ||||||
23 | Fund, the court shall certify, on a form created by the State | ||||||
24 | Treasurer, that all or a designated portion of the amount | ||||||
25 | requested is reasonable, necessary, and appropriate for | ||||||
26 | payment from the Trust Fund. The form must also be signed by |
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1 | lead trial counsel under the provisions of Section 1-109 of the | ||||||
2 | Code of Civil Procedure verifying that the amount requested is | ||||||
3 | reasonable, necessary, and appropriate. Bills submitted for | ||||||
4 | payment by any individual or entity seeking payment from the | ||||||
5 | Capital Litigation Trust Fund must also be accompanied by a | ||||||
6 | form created by the State Treasurer and signed by the | ||||||
7 | individual or responsible agent of the entity under the | ||||||
8 | provisions of Section 1-109 of the Code of Civil Procedure that | ||||||
9 | the amount requested is accurate and truthful and reflects time | ||||||
10 | spent or expenses incurred. Certification of compensation and | ||||||
11 | expenses by a court in any county other than Cook County shall | ||||||
12 | be delivered by the court to the State Treasurer and must be | ||||||
13 | paid by the State Treasurer directly from the Capital | ||||||
14 | Litigation Trust Fund if there are sufficient moneys in the | ||||||
15 | Trust Fund to pay the compensation and expenses. If the State | ||||||
16 | Treasurer finds within 14 days of his or her receipt of a | ||||||
17 | certification that the compensation and expenses to be paid are | ||||||
18 | unreasonable, unnecessary, or inappropriate, he or she may | ||||||
19 | return the certification to the court setting forth in detail | ||||||
20 | the objection or objections with a request for the court to | ||||||
21 | review the objection or objections before resubmitting the | ||||||
22 | certification. The State Treasurer must send the claimant a | ||||||
23 | copy of the objection or objections. The State Treasurer may | ||||||
24 | only seek a review of a specific objection once. The claimant | ||||||
25 | has 7 days from his or her receipt of the objections to file a | ||||||
26 | response with the court. With or without further hearing, the |
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1 | court must promptly rule on the objections. The petitions and | ||||||
2 | orders shall be kept under seal and shall be exempt from | ||||||
3 | Freedom of Information requests until the conclusion of the | ||||||
4 | trial and appeal of the case, even if the prosecution chooses | ||||||
5 | not to pursue the death penalty prior to trial or sentencing. | ||||||
6 | Certification of compensation and expenses by a court in Cook | ||||||
7 | County shall be delivered by the court to the county treasurer | ||||||
8 | and paid by the county treasurer from moneys granted to the | ||||||
9 | county from the Capital Litigation Trust Fund.
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10 | Section 15. Capital Litigation Trust Fund.
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11 | (a) The Capital Litigation Trust Fund is created as a | ||||||
12 | special fund in the State Treasury. The Trust Fund shall be | ||||||
13 | administered by the State Treasurer to provide moneys for the | ||||||
14 | appropriations to be made, grants to be awarded, and | ||||||
15 | compensation and expenses to be paid under this Act. All | ||||||
16 | interest earned from the investment or deposit of moneys | ||||||
17 | accumulated in the Trust Fund shall, under Section 4.1 of the | ||||||
18 | State Finance Act, be deposited into the Trust Fund. | ||||||
19 | (b) Moneys deposited into the Trust Fund shall not be | ||||||
20 | considered general revenue of the State of Illinois. | ||||||
21 | (c) Moneys deposited into the Trust Fund shall be used | ||||||
22 | exclusively for the purposes of providing funding for the | ||||||
23 | prosecution and defense of capital cases and for providing | ||||||
24 | funding for post-conviction proceedings in capital cases under | ||||||
25 | Article 122 of the Code of Criminal Procedure of 1963 and in |
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1 | relation to petitions filed under Section 2-1401 of the Code of | ||||||
2 | Civil Procedure in relation to capital cases as provided in | ||||||
3 | this Act and shall not be appropriated, loaned, or in any | ||||||
4 | manner transferred to the General Revenue Fund of the State of | ||||||
5 | Illinois. | ||||||
6 | (d) Every fiscal year the State Treasurer shall transfer | ||||||
7 | from the General Revenue Fund to the Capital Litigation Trust | ||||||
8 | Fund an amount equal to the full amount of moneys appropriated | ||||||
9 | by the General Assembly (both by original and supplemental | ||||||
10 | appropriation), less any unexpended balance from the previous | ||||||
11 | fiscal year, from the Capital Litigation Trust Fund for the | ||||||
12 | specific purpose of making funding available for the | ||||||
13 | prosecution and defense of capital cases and for the litigation | ||||||
14 | expenses associated with post-conviction proceedings in | ||||||
15 | capital cases under Article 122 of the Code of Criminal | ||||||
16 | Procedure of 1963 and in relation to petitions filed under | ||||||
17 | Section 2-1401 of the Code of Civil Procedure in relation to | ||||||
18 | capital cases. The Public Defender and State's Attorney in Cook | ||||||
19 | County, the State Appellate Defender, the State's Attorneys | ||||||
20 | Appellate Prosecutor, and the Attorney General shall make | ||||||
21 | annual requests for appropriations from the Trust Fund. | ||||||
22 | (1) The Public Defender in Cook County shall request
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23 | appropriations to the State Treasurer for expenses | ||||||
24 | incurred by the Public Defender and for funding for private | ||||||
25 | appointed defense counsel in Cook County. | ||||||
26 | (2) The State's Attorney in Cook County shall
request |
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1 | an appropriation to the State Treasurer for expenses | ||||||
2 | incurred by the State's Attorney. | ||||||
3 | (3) The State Appellate Defender shall request a
direct | ||||||
4 | appropriation from the Trust Fund for expenses incurred by | ||||||
5 | the State Appellate Defender in providing assistance to | ||||||
6 | trial attorneys under item (c)(5.1) of Section 10 of the | ||||||
7 | State Appellate Defender Act and for expenses incurred by | ||||||
8 | the State Appellate Defender in representing petitioners | ||||||
9 | in capital cases in post-conviction proceedings under | ||||||
10 | Article 122 of the Code of Criminal Procedure of 1963 and | ||||||
11 | in relation to petitions filed under Section 2-1401 of the | ||||||
12 | Code of Civil Procedure in relation to capital cases and | ||||||
13 | for the representation of those petitioners by attorneys | ||||||
14 | approved by or contracted with the State Appellate Defender | ||||||
15 | and an appropriation to the State Treasurer for payments | ||||||
16 | from the Trust Fund for the defense of cases in counties | ||||||
17 | other than Cook County. | ||||||
18 | (4) The State's Attorneys Appellate Prosecutor shall
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19 | request a direct appropriation from the Trust Fund to pay | ||||||
20 | expenses incurred by the State's Attorneys Appellate | ||||||
21 | Prosecutor and an appropriation to the State Treasurer for | ||||||
22 | payments from the Trust Fund for expenses incurred by | ||||||
23 | State's Attorneys in counties other than Cook County. | ||||||
24 | (5) The Attorney General shall request a direct
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25 | appropriation from the Trust Fund to pay expenses incurred | ||||||
26 | by the Attorney General in assisting the State's Attorneys |
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1 | in counties other than Cook County and to pay for expenses | ||||||
2 | incurred by the Attorney General when the Attorney General | ||||||
3 | is ordered by the presiding judge of the Criminal Division | ||||||
4 | of the Circuit Court of Cook County to prosecute or | ||||||
5 | supervise the prosecution of Cook County cases and for | ||||||
6 | expenses incurred by the Attorney General in representing | ||||||
7 | the State in post-conviction proceedings in capital cases | ||||||
8 | under Article 122 of the Code of Criminal Procedure of 1963 | ||||||
9 | and in relation to petitions filed under Section 2-1401 of | ||||||
10 | the Code of Civil Procedure in relation to capital cases.
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11 | The Public Defender and State's Attorney in Cook County, | ||||||
12 | the State Appellate Defender, the State's Attorneys | ||||||
13 | Appellate Prosecutor, and the Attorney General may each | ||||||
14 | request supplemental appropriations from the Trust Fund | ||||||
15 | during the fiscal year. | ||||||
16 | (e) Moneys in the Trust Fund shall be expended only as | ||||||
17 | follows: | ||||||
18 | (1) To pay the State Treasurer's costs to administer
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19 | the Trust Fund. The amount for this purpose may not exceed | ||||||
20 | 5% in any one fiscal year of the amount otherwise | ||||||
21 | appropriated from the Trust Fund in the same fiscal year.
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22 | (2) To pay the capital litigation expenses of trial
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23 | defense and post-conviction proceedings in capital cases | ||||||
24 | under Article 122 of the Code of Criminal Procedure of 1963 | ||||||
25 | and in relation to petitions filed under Section 2-1401 of | ||||||
26 | the Code of Civil Procedure in relation to capital cases |
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1 | including, but not limited to, DNA testing, including DNA | ||||||
2 | testing under Section 116-3 of the Code of Criminal | ||||||
3 | Procedure of 1963, analysis, and expert testimony, | ||||||
4 | investigatory and other assistance, expert, forensic, and | ||||||
5 | other witnesses, and mitigation specialists, and grants | ||||||
6 | and aid provided to public defenders, appellate defenders, | ||||||
7 | and any attorney approved by or contracted with the State | ||||||
8 | Appellate Defender representing petitioners in | ||||||
9 | post-conviction proceedings in capital cases under Article | ||||||
10 | 122 of the Code of Criminal Procedure of 1963 and in | ||||||
11 | relation to petitions filed under Section 2-1401 of the | ||||||
12 | Code of Civil Procedure in relation to capital cases or | ||||||
13 | assistance to attorneys who have been appointed by the | ||||||
14 | court to represent defendants who are charged with capital | ||||||
15 | crimes. Reasonable and necessary capital litigation | ||||||
16 | expenses include travel and per diem (lodging, meals, and | ||||||
17 | incidental expenses). | ||||||
18 | (3) To pay the compensation of trial attorneys,
other | ||||||
19 | than public defenders or appellate defenders, who have been | ||||||
20 | appointed by the court to represent defendants who are | ||||||
21 | charged with capital crimes or attorneys approved by or | ||||||
22 | contracted with the State Appellate Defender to represent | ||||||
23 | petitioners in post-conviction proceedings in capital | ||||||
24 | cases under Article 122 of the Code of Criminal Procedure | ||||||
25 | of 1963 and in relation to petitions filed under Section | ||||||
26 | 2-1401 of the Code of Civil Procedure in relation to |
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1 | capital cases. | ||||||
2 | (4) To provide State's Attorneys with funding for
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3 | capital litigation expenses and for expenses of | ||||||
4 | representing the State in post-conviction proceedings in | ||||||
5 | capital cases under Article 122 of the Code of Criminal | ||||||
6 | Procedure of 1963 and in relation to petitions filed under | ||||||
7 | Section 2-1401 of the Code of Civil Procedure in relation | ||||||
8 | to capital cases including, but not limited to, | ||||||
9 | investigatory and other assistance and expert, forensic, | ||||||
10 | and other witnesses necessary to prosecute capital cases. | ||||||
11 | State's Attorneys in any county other than Cook County | ||||||
12 | seeking funding for capital litigation expenses and for | ||||||
13 | expenses of representing the State in post-conviction | ||||||
14 | proceedings in capital cases under Article 122 of the Code | ||||||
15 | of Criminal Procedure of 1963 and in relation to petitions | ||||||
16 | filed under Section 2-1401 of the Code of Civil Procedure | ||||||
17 | in relation to capital cases including, but not limited to, | ||||||
18 | investigatory and other assistance and expert, forensic, | ||||||
19 | or other witnesses under this Section may request that the | ||||||
20 | State's Attorneys Appellate Prosecutor or the Attorney | ||||||
21 | General, as the case may be, certify the expenses as | ||||||
22 | reasonable, necessary, and appropriate for payment from | ||||||
23 | the Trust Fund, on a form created by the State Treasurer. | ||||||
24 | Upon certification of the expenses and delivery of the | ||||||
25 | certification to the State Treasurer, the Treasurer shall | ||||||
26 | pay the expenses directly from the Capital Litigation Trust |
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1 | Fund if there are sufficient moneys in the Trust Fund to | ||||||
2 | pay the expenses. | ||||||
3 | (5) To provide financial support through the
Attorney | ||||||
4 | General pursuant to the Attorney General Act for the | ||||||
5 | several county State's Attorneys outside of Cook County, | ||||||
6 | but shall not be used to increase personnel for the | ||||||
7 | Attorney General's Office, except when the Attorney | ||||||
8 | General is ordered by the presiding judge of the Criminal | ||||||
9 | Division of the Circuit Court of Cook County to prosecute | ||||||
10 | or supervise the prosecution of Cook County cases. | ||||||
11 | (6) To provide financial support through the State's
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12 | Attorneys Appellate Prosecutor pursuant to the State's | ||||||
13 | Attorneys Appellate Prosecutor's Act for the several | ||||||
14 | county State's Attorneys outside of Cook County, but shall | ||||||
15 | not be used to increase personnel for the State's Attorneys | ||||||
16 | Appellate Prosecutor. | ||||||
17 | (7) To provide financial support to the State
Appellate | ||||||
18 | Defender pursuant to the State Appellate Defender Act.
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19 | Moneys expended from the Trust Fund shall be in addition to | ||||||
20 | county funding for Public Defenders and State's Attorneys, | ||||||
21 | and shall not be used to supplant or reduce ordinary and | ||||||
22 | customary county funding. | ||||||
23 | (f) Moneys in the Trust Fund shall be appropriated to the | ||||||
24 | State Appellate Defender, the State's Attorneys Appellate | ||||||
25 | Prosecutor, the Attorney General, and the State Treasurer. The | ||||||
26 | State Appellate Defender shall receive an appropriation from |
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1 | the Trust Fund to enable it to provide assistance to appointed | ||||||
2 | defense counsel and attorneys approved by or contracted with | ||||||
3 | the State Appellate Defender to represent petitioners in | ||||||
4 | post-conviction proceedings in capital cases under Article 122 | ||||||
5 | of the Code of Criminal Procedure of 1963 and in relation to | ||||||
6 | petitions filed under Section 2-1401 of the Code of Civil | ||||||
7 | Procedure in relation to capital cases throughout the State and | ||||||
8 | to Public Defenders in counties other than Cook. The State's | ||||||
9 | Attorneys Appellate Prosecutor and the Attorney General shall | ||||||
10 | receive appropriations from the Trust Fund to enable them to | ||||||
11 | provide assistance to State's Attorneys in counties other than | ||||||
12 | Cook County and when the Attorney General is ordered by the | ||||||
13 | presiding judge of the Criminal Division of the Circuit Court | ||||||
14 | of Cook County to prosecute or supervise the prosecution of | ||||||
15 | Cook County cases. Moneys shall be appropriated to the State | ||||||
16 | Treasurer to enable the Treasurer (i) to make grants to Cook | ||||||
17 | County, (ii) to pay the expenses of Public Defenders, the State | ||||||
18 | Appellate Defender, the Attorney General, the Office of the | ||||||
19 | State's Attorneys Appellate Prosecutor, and State's Attorneys | ||||||
20 | in counties other than Cook County, (iii) to pay the expenses | ||||||
21 | and compensation of appointed defense counsel and attorneys | ||||||
22 | approved by or contracted with the State Appellate Defender to | ||||||
23 | represent petitioners in post-conviction proceedings in | ||||||
24 | capital cases under Article 122 of the Code of Criminal | ||||||
25 | Procedure of 1963 and in relation to petitions filed under | ||||||
26 | Section 2-1401 of the Code of Civil Procedure in relation to |
| |||||||
| |||||||
1 | capital cases in counties other than Cook County, and (iv) to | ||||||
2 | pay the costs of administering the Trust Fund. All expenditures | ||||||
3 | and grants made from the Trust Fund shall be subject to audit | ||||||
4 | by the Auditor General. | ||||||
5 | (g) For Cook County, grants from the Trust Fund shall be | ||||||
6 | made and administered as follows: | ||||||
7 | (1) For each State fiscal year, the State's Attorney
| ||||||
8 | and Public Defender must each make a separate application | ||||||
9 | to the State Treasurer for capital litigation grants. | ||||||
10 | (2) The State Treasurer shall establish rules and
| ||||||
11 | procedures for grant applications. The rules shall require | ||||||
12 | the Cook County Treasurer as the grant recipient to report | ||||||
13 | on a periodic basis to the State Treasurer how much of the | ||||||
14 | grant has been expended, how much of the grant is | ||||||
15 | remaining, and the purposes for which the grant has been | ||||||
16 | used. The rules may also require the Cook County Treasurer | ||||||
17 | to certify on a periodic basis that expenditures of the | ||||||
18 | funds have been made for expenses that are reasonable, | ||||||
19 | necessary, and appropriate for payment from the Trust Fund. | ||||||
20 | (3) The State Treasurer shall make the grants to the
| ||||||
21 | Cook County Treasurer as soon as possible after the | ||||||
22 | beginning of the State fiscal year. | ||||||
23 | (4) The State's Attorney or Public Defender may
apply | ||||||
24 | for supplemental grants during the fiscal year. | ||||||
25 | (5) Grant moneys shall be paid to the Cook County
| ||||||
26 | Treasurer in block grants and held in separate accounts for |
| |||||||
| |||||||
1 | the State's Attorney, the Public Defender, and court | ||||||
2 | appointed defense counsel other than the Cook County Public | ||||||
3 | Defender, respectively, for the designated fiscal year, | ||||||
4 | and are not subject to county appropriation. | ||||||
5 | (6) Expenditure of grant moneys under this
subsection | ||||||
6 | (g) is subject to audit by the Auditor General. | ||||||
7 | (7) The Cook County Treasurer shall immediately make
| ||||||
8 | payment from the appropriate separate account in the county | ||||||
9 | treasury for capital litigation expenses to the State's | ||||||
10 | Attorney, Public Defender, or court appointed defense | ||||||
11 | counsel other than the Public Defender, as the case may be, | ||||||
12 | upon order of the State's Attorney, Public Defender or the | ||||||
13 | court, respectively. | ||||||
14 | (h) If a defendant in a capital case in Cook County is | ||||||
15 | represented by court appointed counsel other than the Cook | ||||||
16 | County Public Defender, the appointed counsel shall petition | ||||||
17 | the court for an order directing the Cook County Treasurer to | ||||||
18 | pay the court appointed counsel's reasonable and necessary | ||||||
19 | compensation and capital litigation expenses from grant moneys | ||||||
20 | provided from the Trust Fund. The petitions shall be supported | ||||||
21 | by itemized bills showing the date, the amount of time spent, | ||||||
22 | the work done and the total being charged for each entry. The | ||||||
23 | court shall not authorize payment of bills that are not | ||||||
24 | properly itemized. The petitions shall be filed under seal and | ||||||
25 | considered ex parte but with a court reporter present for all | ||||||
26 | ex parte conferences. The petitions shall be reviewed by both |
| |||||||
| |||||||
1 | the trial judge and the presiding judge of the circuit court or | ||||||
2 | the presiding judge's designee. The petitions and orders shall | ||||||
3 | be kept under seal and shall be exempt from Freedom of | ||||||
4 | Information requests until the conclusion of the trial and | ||||||
5 | appeal of the case, even if the prosecution chooses not to | ||||||
6 | pursue the death penalty prior to trial or sentencing. Orders | ||||||
7 | denying petitions for compensation or expenses are final. | ||||||
8 | Counsel may not petition for expenses that may have been | ||||||
9 | provided or compensated by the State Appellate Defender under | ||||||
10 | item (c)(5.1) of Section 10 of the State Appellate Defender | ||||||
11 | Act. | ||||||
12 | (i) In counties other than Cook County, and when the | ||||||
13 | Attorney General is ordered by the presiding judge of the | ||||||
14 | Criminal Division of the Circuit Court of Cook County to | ||||||
15 | prosecute or supervise the prosecution of Cook County cases, | ||||||
16 | and excluding capital litigation expenses or services that may | ||||||
17 | have been provided by the State Appellate Defender under item | ||||||
18 | (c)(5.1) of Section 10 of the State Appellate Defender Act: | ||||||
19 | (1) Upon certification by the circuit court, on a
form | ||||||
20 | created by the State Treasurer, that all or a portion of | ||||||
21 | the expenses are reasonable, necessary, and appropriate | ||||||
22 | for payment from the Trust Fund and the court's delivery of | ||||||
23 | the certification to the Treasurer, the Treasurer shall pay | ||||||
24 | the certified expenses of Public Defenders and the State | ||||||
25 | Appellate Defender from the money appropriated to the | ||||||
26 | Treasurer for capital litigation expenses of Public |
| |||||||
| |||||||
1 | Defenders and post-conviction proceeding expenses in | ||||||
2 | capital cases of the State Appellate Defender and expenses | ||||||
3 | in relation to petitions filed under Section 2-1401 of the | ||||||
4 | Code of Civil Procedure in relation to capital cases in any | ||||||
5 | county other than Cook County, if there are sufficient | ||||||
6 | moneys in the Trust Fund to pay the expenses. | ||||||
7 | (2) If a defendant in a capital case is represented
by | ||||||
8 | court appointed counsel other than the Public Defender, the | ||||||
9 | appointed counsel shall petition the court to certify | ||||||
10 | compensation and capital litigation expenses including, | ||||||
11 | but not limited to, investigatory and other assistance, | ||||||
12 | expert, forensic, and other witnesses, and mitigation | ||||||
13 | specialists as reasonable, necessary, and appropriate for | ||||||
14 | payment from the Trust Fund. If a petitioner in a capital | ||||||
15 | case who has filed a petition for post-conviction relief | ||||||
16 | under Article 122 of the Code of Criminal Procedure of 1963 | ||||||
17 | or a petition under Section 2-1401 of the Code of Civil | ||||||
18 | Procedure in relation to capital cases is represented by an | ||||||
19 | attorney approved by or contracted with the State Appellate | ||||||
20 | Defender other than the State Appellate Defender, that | ||||||
21 | attorney shall petition the court to certify compensation | ||||||
22 | and litigation expenses of post-conviction proceedings | ||||||
23 | under Article 122 of the Code of Criminal Procedure of 1963 | ||||||
24 | or in relation to petitions filed under Section 2-1401 of | ||||||
25 | the Code of Civil Procedure in relation to capital cases. | ||||||
26 | Upon certification on a form created by the State Treasurer |
| |||||||
| |||||||
1 | of all or a portion of the compensation and expenses | ||||||
2 | certified as reasonable, necessary, and appropriate for | ||||||
3 | payment from the Trust Fund and the court's delivery of the | ||||||
4 | certification to the Treasurer, the State Treasurer shall | ||||||
5 | pay the certified compensation and expenses from the money | ||||||
6 | appropriated to the Treasurer for that purpose, if there | ||||||
7 | are sufficient moneys in the Trust Fund to make those | ||||||
8 | payments. | ||||||
9 | (3) A petition for capital litigation expenses or
| ||||||
10 | post-conviction proceeding expenses or expenses incurred | ||||||
11 | in filing a petition under Section 2-1401 of the Code of | ||||||
12 | Civil Procedure in relation to capital cases under this | ||||||
13 | subsection shall be considered under seal and reviewed ex | ||||||
14 | parte with a court reporter present. Orders denying | ||||||
15 | petitions for compensation or expenses are final. | ||||||
16 | (j) If the Trust Fund is discontinued or dissolved by an | ||||||
17 | Act of the General Assembly or by operation of law, any balance | ||||||
18 | remaining in the Trust Fund shall be returned to the General | ||||||
19 | Revenue Fund after deduction of administrative costs, any other | ||||||
20 | provision of this Act to the contrary notwithstanding.
| ||||||
21 | Section 100. The Freedom of Information Act is amended by | ||||||
22 | changing Section 7.5 as follows:
| ||||||
23 | (5 ILCS 140/7.5) | ||||||
24 | Sec. 7.5. Statutory Exemptions. To the extent provided for |
| |||||||
| |||||||
1 | by the statutes referenced below, the following shall be exempt | ||||||
2 | from inspection and copying: | ||||||
3 | (a) All information determined to be confidential under | ||||||
4 | Section 4002 of the Technology Advancement and Development Act. | ||||||
5 | (b) Library circulation and order records identifying | ||||||
6 | library users with specific materials under the Library Records | ||||||
7 | Confidentiality Act. | ||||||
8 | (c) Applications, related documents, and medical records | ||||||
9 | received by the Experimental Organ Transplantation Procedures | ||||||
10 | Board and any and all documents or other records prepared by | ||||||
11 | the Experimental Organ Transplantation Procedures Board or its | ||||||
12 | staff relating to applications it has received. | ||||||
13 | (d) Information and records held by the Department of | ||||||
14 | Public Health and its authorized representatives relating to | ||||||
15 | known or suspected cases of sexually transmissible disease or | ||||||
16 | any information the disclosure of which is restricted under the | ||||||
17 | Illinois Sexually Transmissible Disease Control Act. | ||||||
18 | (e) Information the disclosure of which is exempted under | ||||||
19 | Section 30 of the Radon Industry Licensing Act. | ||||||
20 | (f) Firm performance evaluations under Section 55 of the | ||||||
21 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
22 | Based Selection Act. | ||||||
23 | (g) Information the disclosure of which is restricted and | ||||||
24 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
25 | (h) Information the disclosure of which is exempted under | ||||||
26 | the State Officials and Employees Ethics Act, and records of |
| |||||||
| |||||||
1 | any lawfully created State or local inspector general's office | ||||||
2 | that would be exempt if created or obtained by an Executive | ||||||
3 | Inspector General's office under that Act. | ||||||
4 | (i) Information contained in a local emergency energy plan | ||||||
5 | submitted to a municipality in accordance with a local | ||||||
6 | emergency energy plan ordinance that is adopted under Section | ||||||
7 | 11-21.5-5 of the Illinois Municipal Code. | ||||||
8 | (j) Information and data concerning the distribution of | ||||||
9 | surcharge moneys collected and remitted by wireless carriers | ||||||
10 | under the Wireless Emergency Telephone Safety Act. | ||||||
11 | (k) Law enforcement officer identification information or | ||||||
12 | driver identification information compiled by a law | ||||||
13 | enforcement agency or the Department of Transportation under | ||||||
14 | Section 11-212 of the Illinois Vehicle Code. | ||||||
15 | (l) Records and information provided to a residential | ||||||
16 | health care facility resident sexual assault and death review | ||||||
17 | team or the Executive Council under the Abuse Prevention Review | ||||||
18 | Team Act. | ||||||
19 | (m) Information provided to the predatory lending database | ||||||
20 | created pursuant to Article 3 of the Residential Real Property | ||||||
21 | Disclosure Act, except to the extent authorized under that | ||||||
22 | Article. | ||||||
23 | (n) Defense budgets and petitions for certification of | ||||||
24 | compensation and expenses for court appointed trial counsel as | ||||||
25 | provided under Sections 10 and 15 of the Capital Crimes | ||||||
26 | Litigation Act of 2014 . This subsection (n) shall apply until |
| |||||||
| |||||||
1 | the conclusion of the trial of the case, even if the | ||||||
2 | prosecution chooses not to pursue the death penalty prior to | ||||||
3 | trial or sentencing. | ||||||
4 | (o) Information that is prohibited from being disclosed | ||||||
5 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
6 | Registry Act. | ||||||
7 | (p) Security portions of system safety program plans, | ||||||
8 | investigation reports, surveys, schedules, lists, data, or | ||||||
9 | information compiled, collected, or prepared by or for the | ||||||
10 | Regional Transportation Authority under Section 2.11 of the | ||||||
11 | Regional Transportation Authority Act or the St. Clair County | ||||||
12 | Transit District under the Bi-State Transit Safety Act. | ||||||
13 | (q) Information prohibited from being disclosed by the | ||||||
14 | Personnel Records Review Act. | ||||||
15 | (r) Information prohibited from being disclosed by the | ||||||
16 | Illinois School Student Records Act. | ||||||
17 | (s) Information the disclosure of which is restricted under | ||||||
18 | Section 5-108 of the Public Utilities Act.
| ||||||
19 | (t) All identified or deidentified health information in | ||||||
20 | the form of health data or medical records contained in, stored | ||||||
21 | in, submitted to, transferred by, or released from the Illinois | ||||||
22 | Health Information Exchange, and identified or deidentified | ||||||
23 | health information in the form of health data and medical | ||||||
24 | records of the Illinois Health Information Exchange in the | ||||||
25 | possession of the Illinois Health Information Exchange | ||||||
26 | Authority due to its administration of the Illinois Health |
| |||||||
| |||||||
1 | Information Exchange. The terms "identified" and | ||||||
2 | "deidentified" shall be given the same meaning as in the Health | ||||||
3 | Insurance Accountability and Portability Act of 1996, Public | ||||||
4 | Law 104-191, or any subsequent amendments thereto, and any | ||||||
5 | regulations promulgated thereunder. | ||||||
6 | (u) Records and information provided to an independent team | ||||||
7 | of experts under Brian's Law. | ||||||
8 | (v) Names and information of people who have applied for or | ||||||
9 | received Firearm Owner's Identification Cards under the | ||||||
10 | Firearm Owners Identification Card Act or applied for or | ||||||
11 | received a concealed carry license under the Firearm Concealed | ||||||
12 | Carry Act, unless otherwise authorized by the Firearm Concealed | ||||||
13 | Carry Act; and databases under the Firearm Concealed Carry Act, | ||||||
14 | records of the Concealed Carry Licensing Review Board under the | ||||||
15 | Firearm Concealed Carry Act, and law enforcement agency | ||||||
16 | objections under the Firearm Concealed Carry Act. | ||||||
17 | (w) Personally identifiable information which is exempted | ||||||
18 | from disclosure under subsection (g) of Section 19.1 of the | ||||||
19 | Toll Highway Act. | ||||||
20 | (x) Information which is exempted from disclosure under | ||||||
21 | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | ||||||
22 | Illinois Municipal Code. | ||||||
23 | (y) Confidential information under the Adult Protective | ||||||
24 | Services Act and its predecessor enabling statute, the Elder | ||||||
25 | Abuse and Neglect Act, including information about the identity | ||||||
26 | and administrative finding against any caregiver of a verified |
| |||||||
| |||||||
1 | and substantiated decision of significant abuse, neglect, or | ||||||
2 | financial exploitation of an eligible adult maintained in the | ||||||
3 | Department of Public Health's Health Care Worker Registry. | ||||||
4 | (z) Records and information provided to an at-risk adult | ||||||
5 | fatality review team or the Illinois At-Risk Adult Fatality | ||||||
6 | Review Team Advisory Council under Section 15 of the Adult | ||||||
7 | Protective Services Act. | ||||||
8 | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, | ||||||
9 | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, | ||||||
10 | eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)
| ||||||
11 | Section 105. The Criminal Code of 2012 is amended by | ||||||
12 | changing Section 9-1 as follows:
| ||||||
13 | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||||
14 | Sec. 9-1. First degree Murder - Death penalties - | ||||||
15 | Exceptions - Separate
Hearings - Proof - Findings - Appellate | ||||||
16 | procedures - Reversals.
| ||||||
17 | (a) A person who kills an individual without lawful | ||||||
18 | justification commits
first degree murder if, in performing the | ||||||
19 | acts which cause the death:
| ||||||
20 | (1) he either intends to kill or do great bodily harm | ||||||
21 | to that
individual or another, or knows that such acts will | ||||||
22 | cause death to that
individual or another; or
| ||||||
23 | (2) he knows that such acts create a strong probability | ||||||
24 | of death or
great bodily harm to that individual or |
| |||||||
| |||||||
1 | another; or
| ||||||
2 | (3) he is attempting or committing a forcible felony | ||||||
3 | other than
second degree murder.
| ||||||
4 | (b) Aggravating Factors. A defendant who at the time of the
| ||||||
5 | commission of the offense has attained the age of 18 or more | ||||||
6 | and who has
been found guilty of first degree murder may be | ||||||
7 | sentenced to death if:
| ||||||
8 | (1) the murdered individual was a peace officer or | ||||||
9 | fireman killed in
the course of performing his official | ||||||
10 | duties, to prevent the performance
of his official duties, | ||||||
11 | or in retaliation for performing his official
duties, and | ||||||
12 | the defendant knew or
should have known that the murdered | ||||||
13 | individual was a peace officer or
fireman; or
| ||||||
14 | (2) the murdered individual was an employee of an | ||||||
15 | institution or
facility of the Department of Corrections, | ||||||
16 | or any similar local
correctional agency, killed in the | ||||||
17 | course of performing his official
duties, to prevent the | ||||||
18 | performance of his official duties, or in
retaliation for | ||||||
19 | performing his official duties, or the murdered
individual | ||||||
20 | was an inmate at such institution or facility and was | ||||||
21 | killed on the
grounds thereof, or the murdered individual | ||||||
22 | was otherwise present in such
institution or facility with | ||||||
23 | the knowledge and approval of the chief
administrative | ||||||
24 | officer thereof; or
| ||||||
25 | (3) the defendant has been convicted of murdering two | ||||||
26 | or more
individuals under subsection (a) of this Section or |
| |||||||
| |||||||
1 | under any law of the
United States or of any state which is | ||||||
2 | substantially similar to
subsection (a) of this Section | ||||||
3 | regardless of whether the deaths
occurred as the result of | ||||||
4 | the same act or of several related or
unrelated acts so | ||||||
5 | long as the deaths were the result of either an intent
to | ||||||
6 | kill more than one person or of separate acts which
the | ||||||
7 | defendant knew would cause death or create a strong | ||||||
8 | probability of
death or great bodily harm to the murdered | ||||||
9 | individual or another; or
| ||||||
10 | (4) the murdered individual was killed as a result of | ||||||
11 | the
hijacking of an airplane, train, ship, bus or other | ||||||
12 | public conveyance; or
| ||||||
13 | (5) the defendant committed the murder pursuant to a | ||||||
14 | contract,
agreement or understanding by which he was to | ||||||
15 | receive money or anything
of value in return for committing | ||||||
16 | the murder or procured another to
commit the murder for | ||||||
17 | money or anything of value; or
| ||||||
18 | (6) the murdered individual was killed in the course of | ||||||
19 | another felony if:
| ||||||
20 | (a) the murdered individual:
| ||||||
21 | (i) was actually killed by the defendant, or
| ||||||
22 | (ii) received physical injuries personally | ||||||
23 | inflicted by the defendant
substantially | ||||||
24 | contemporaneously with physical injuries caused by | ||||||
25 | one or
more persons for whose conduct the defendant | ||||||
26 | is legally accountable under
Section 5-2 of this |
| |||||||
| |||||||
1 | Code, and the physical injuries inflicted by | ||||||
2 | either
the defendant or the other person or persons | ||||||
3 | for whose conduct he is legally
accountable caused | ||||||
4 | the death of the murdered individual; and
| ||||||
5 | (b) in performing the acts which caused the death | ||||||
6 | of the murdered
individual or which resulted in | ||||||
7 | physical injuries personally inflicted by
the | ||||||
8 | defendant on the murdered individual under the | ||||||
9 | circumstances of
subdivision (ii) of subparagraph (a) | ||||||
10 | of paragraph (6) of subsection (b) of
this Section, the | ||||||
11 | defendant acted with the intent to kill the murdered
| ||||||
12 | individual or with the knowledge that his acts created | ||||||
13 | a strong probability
of death or great bodily harm to | ||||||
14 | the murdered individual or another; and
| ||||||
15 | (c) the other felony was an inherently violent | ||||||
16 | crime
or the attempt to commit an inherently
violent | ||||||
17 | crime.
In this subparagraph (c), "inherently violent | ||||||
18 | crime" includes, but is not
limited to, armed robbery, | ||||||
19 | robbery, predatory criminal sexual assault of a
child,
| ||||||
20 | aggravated criminal sexual assault, aggravated | ||||||
21 | kidnapping, aggravated vehicular
hijacking,
aggravated | ||||||
22 | arson, aggravated stalking, residential burglary, and | ||||||
23 | home
invasion; or
| ||||||
24 | (7) the murdered individual was under 12 years of age | ||||||
25 | and the
death resulted from exceptionally brutal or heinous | ||||||
26 | behavior indicative of
wanton cruelty; or
|
| |||||||
| |||||||
1 | (8) the defendant committed the murder with intent to
| ||||||
2 | prevent the murdered individual from testifying or | ||||||
3 | participating in any
criminal investigation or prosecution
| ||||||
4 | or giving material assistance to the State in any | ||||||
5 | investigation or
prosecution, either against the defendant | ||||||
6 | or another; or the defendant
committed the murder because | ||||||
7 | the murdered individual was a witness in any
prosecution or | ||||||
8 | gave material assistance to the State in any investigation
| ||||||
9 | or prosecution, either against the defendant or another;
| ||||||
10 | for purposes of this paragraph (8), "participating in any | ||||||
11 | criminal
investigation
or prosecution" is intended to | ||||||
12 | include those appearing in the proceedings in
any capacity | ||||||
13 | such as trial judges, prosecutors, defense attorneys,
| ||||||
14 | investigators, witnesses, or jurors; or
| ||||||
15 | (9) the defendant, while committing an offense | ||||||
16 | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | ||||||
17 | 407 or 407.1 or subsection (b) of
Section
404 of the | ||||||
18 | Illinois Controlled Substances Act, or while engaged in a
| ||||||
19 | conspiracy or solicitation to commit such offense, | ||||||
20 | intentionally killed an
individual or counseled, | ||||||
21 | commanded, induced, procured or caused the
intentional | ||||||
22 | killing of the murdered individual; or
| ||||||
23 | (10) the defendant was incarcerated in an institution | ||||||
24 | or facility of
the Department of Corrections at the time of | ||||||
25 | the murder, and while
committing an offense punishable as a | ||||||
26 | felony under Illinois law, or while
engaged in a conspiracy |
| |||||||
| |||||||
1 | or solicitation to commit such offense,
intentionally | ||||||
2 | killed an individual or counseled, commanded, induced,
| ||||||
3 | procured or caused the intentional killing of the murdered | ||||||
4 | individual; or
| ||||||
5 | (11) the murder was committed in a cold, calculated and | ||||||
6 | premeditated
manner pursuant to a preconceived plan, | ||||||
7 | scheme or design to take a human
life by unlawful means, | ||||||
8 | and the conduct of the defendant created a
reasonable | ||||||
9 | expectation that the death of a human being would result
| ||||||
10 | therefrom; or
| ||||||
11 | (12) the murdered individual was an emergency medical | ||||||
12 | technician -
ambulance, emergency medical technician - | ||||||
13 | intermediate, emergency medical
technician - paramedic, | ||||||
14 | ambulance driver, or
other medical assistance or first aid | ||||||
15 | personnel, employed by a municipality
or other | ||||||
16 | governmental unit, killed in the course of performing his | ||||||
17 | official
duties, to prevent the performance of his official | ||||||
18 | duties, or in retaliation
for performing his official | ||||||
19 | duties, and the defendant knew or should have
known that | ||||||
20 | the murdered individual was an emergency medical | ||||||
21 | technician -
ambulance, emergency medical technician - | ||||||
22 | intermediate, emergency medical
technician - paramedic, | ||||||
23 | ambulance driver, or
other medical assistance or first aid | ||||||
24 | personnel; or
| ||||||
25 | (13) the defendant was a principal administrator, | ||||||
26 | organizer, or leader
of a calculated criminal drug |
| |||||||
| |||||||
1 | conspiracy consisting of a hierarchical position
of | ||||||
2 | authority superior to that of all other members of the | ||||||
3 | conspiracy, and the
defendant counseled, commanded, | ||||||
4 | induced, procured, or caused the intentional
killing of the | ||||||
5 | murdered person;
or
| ||||||
6 | (14) the murder was intentional and involved the | ||||||
7 | infliction of torture.
For
the purpose of this Section | ||||||
8 | torture means the infliction of or subjection to
extreme | ||||||
9 | physical pain, motivated by an intent to increase or | ||||||
10 | prolong the pain,
suffering or agony of the victim; or
| ||||||
11 | (15) the murder was committed as a result of the | ||||||
12 | intentional discharge
of a firearm by the defendant from a | ||||||
13 | motor vehicle and the victim was not
present within the | ||||||
14 | motor vehicle; or
| ||||||
15 | (16) (blank); or the murdered individual was 60 years | ||||||
16 | of age or older and the death
resulted
from exceptionally | ||||||
17 | brutal or heinous behavior indicative of wanton cruelty; or
| ||||||
18 | (17) the murdered individual was a disabled person and | ||||||
19 | the defendant knew
or
should have known that the murdered | ||||||
20 | individual was disabled. For purposes of
this paragraph | ||||||
21 | (17), "disabled person" means a person who suffers from a
| ||||||
22 | permanent physical or mental impairment resulting from | ||||||
23 | disease, an injury,
a functional disorder, or a congenital | ||||||
24 | condition that renders the person
incapable of
adequately | ||||||
25 | providing for his or her own health or personal care; or
| ||||||
26 | (18) the murder was committed by reason of any person's |
| |||||||
| |||||||
1 | activity as a
community policing volunteer or to prevent | ||||||
2 | any person from engaging in activity
as a community | ||||||
3 | policing volunteer; or
| ||||||
4 | (19) the murdered individual was subject to an order of | ||||||
5 | protection and the
murder was committed by a person against | ||||||
6 | whom the same order of protection was
issued under the | ||||||
7 | Illinois Domestic Violence Act of 1986; or
| ||||||
8 | (20) the murdered individual was known by the defendant | ||||||
9 | to be a teacher or
other person employed in any school and | ||||||
10 | the teacher or other employee is upon
the grounds of a | ||||||
11 | school or grounds adjacent to a school, or is in any part | ||||||
12 | of a
building used for school purposes; or
| ||||||
13 | (21) the murder was committed by the defendant in | ||||||
14 | connection with or as
a
result of the offense of terrorism | ||||||
15 | as defined in Section 29D-14.9 of this
Code.
| ||||||
16 | (b-5) Aggravating Factor; Natural Life Imprisonment. A | ||||||
17 | defendant who has been found guilty of first degree murder and | ||||||
18 | who at the time of the commission of the offense had attained | ||||||
19 | the age of 18 years or more may be sentenced to natural life | ||||||
20 | imprisonment if
(i) the murdered individual was a physician, | ||||||
21 | physician assistant, psychologist, nurse, or advanced practice | ||||||
22 | nurse, (ii) the defendant knew or should have
known that the | ||||||
23 | murdered individual was a physician, physician assistant, | ||||||
24 | psychologist, nurse, or advanced practice nurse, and (iii) the | ||||||
25 | murdered individual was killed in the course of acting in his | ||||||
26 | or her capacity as a physician, physician assistant, |
| |||||||
| |||||||
1 | psychologist, nurse, or advanced practice nurse, or to prevent | ||||||
2 | him or her from acting in that capacity, or in retaliation
for | ||||||
3 | his or her acting in that capacity. | ||||||
4 | (c) Consideration of factors in Aggravation and | ||||||
5 | Mitigation.
| ||||||
6 | The court shall consider, or shall instruct the jury to | ||||||
7 | consider any
aggravating and any mitigating factors which are | ||||||
8 | relevant to the
imposition of the death penalty. Aggravating | ||||||
9 | factors may include but
need not be limited to those factors | ||||||
10 | set forth in subsection (b).
Mitigating factors may include but | ||||||
11 | need not be limited to the following:
| ||||||
12 | (1) the defendant has no significant history of prior | ||||||
13 | criminal
activity;
| ||||||
14 | (2) the murder was committed while the defendant was | ||||||
15 | under
the influence of extreme mental or emotional | ||||||
16 | disturbance, although not such
as to constitute a defense | ||||||
17 | to prosecution;
| ||||||
18 | (3) the murdered individual was a participant in the
| ||||||
19 | defendant's homicidal conduct or consented to the | ||||||
20 | homicidal act;
| ||||||
21 | (4) the defendant acted under the compulsion of threat | ||||||
22 | or
menace of the imminent infliction of death or great | ||||||
23 | bodily harm;
| ||||||
24 | (5) the defendant was not personally present during
| ||||||
25 | commission of the act or acts causing death;
| ||||||
26 | (6) the defendant's background includes a history of |
| |||||||
| |||||||
1 | extreme emotional
or physical abuse;
| ||||||
2 | (7) the defendant suffers from a reduced mental | ||||||
3 | capacity.
| ||||||
4 | (d) Separate sentencing hearing.
| ||||||
5 | Where requested by the State, the court shall conduct a | ||||||
6 | separate
sentencing proceeding to determine the existence of | ||||||
7 | factors set forth in
subsection (b) and to consider any | ||||||
8 | aggravating or mitigating factors as
indicated in subsection | ||||||
9 | (c). The proceeding shall be conducted:
| ||||||
10 | (1) before the jury that determined the defendant's | ||||||
11 | guilt; or
| ||||||
12 | (2) before a jury impanelled for the purpose of the | ||||||
13 | proceeding if:
| ||||||
14 | A. the defendant was convicted upon a plea of | ||||||
15 | guilty; or
| ||||||
16 | B. the defendant was convicted after a trial before | ||||||
17 | the court
sitting without a jury; or
| ||||||
18 | C. the court for good cause shown discharges the | ||||||
19 | jury that
determined the defendant's guilt; or
| ||||||
20 | (3) before the court alone if the defendant waives a | ||||||
21 | jury
for the separate proceeding.
| ||||||
22 | (e) Evidence and Argument.
| ||||||
23 | During the proceeding any information relevant to any of | ||||||
24 | the factors
set forth in subsection (b) may be presented by | ||||||
25 | either the State or the
defendant under the rules governing the | ||||||
26 | admission of evidence at
criminal trials. Any information |
| |||||||
| |||||||
1 | relevant to any additional aggravating
factors or any | ||||||
2 | mitigating factors indicated in subsection (c) may be
presented | ||||||
3 | by the State or defendant regardless of its admissibility
under | ||||||
4 | the rules governing the admission of evidence at criminal | ||||||
5 | trials.
The State and the defendant shall be given fair | ||||||
6 | opportunity to rebut any
information received at the hearing.
| ||||||
7 | (f) Proof.
| ||||||
8 | The burden of proof of establishing the existence of any of | ||||||
9 | the
factors set forth in subsection (b) is on the State and | ||||||
10 | shall not be
satisfied unless established beyond a reasonable | ||||||
11 | doubt.
| ||||||
12 | (g) Procedure - Jury.
| ||||||
13 | If at the separate sentencing proceeding the jury finds | ||||||
14 | that none of
the factors set forth in subsection (b) exists, | ||||||
15 | the court shall sentence
the defendant to a term of | ||||||
16 | imprisonment under Chapter V of the Unified
Code of | ||||||
17 | Corrections. If there is a unanimous finding by the jury that
| ||||||
18 | one or more of the factors set forth in subsection (b) exist, | ||||||
19 | the jury
shall consider aggravating and mitigating factors as | ||||||
20 | instructed by the
court and shall determine whether the | ||||||
21 | sentence of death shall be
imposed. If the jury determines | ||||||
22 | unanimously, after weighing the factors in
aggravation and | ||||||
23 | mitigation, that death is the appropriate sentence, the court | ||||||
24 | shall sentence the defendant to death.
If the court does not | ||||||
25 | concur with the jury determination that death is the
| ||||||
26 | appropriate sentence, the court shall set forth reasons in |
| |||||||
| |||||||
1 | writing
including what facts or circumstances the court relied | ||||||
2 | upon,
along with any relevant
documents, that compelled the | ||||||
3 | court to non-concur with the sentence. This
document and any | ||||||
4 | attachments shall be part of the record for appellate
review. | ||||||
5 | The court shall be bound by the jury's sentencing | ||||||
6 | determination.
| ||||||
7 | If after weighing the factors in aggravation and | ||||||
8 | mitigation, one or more
jurors determines that death is not the | ||||||
9 | appropriate sentence,
the
court shall sentence the defendant to | ||||||
10 | a term of imprisonment under
Chapter V of the Unified Code of | ||||||
11 | Corrections.
| ||||||
12 | (h) Procedure - No Jury.
| ||||||
13 | In a proceeding before the court alone, if the court finds | ||||||
14 | that none
of the factors found in subsection (b) exists, the | ||||||
15 | court shall sentence
the defendant to a term of imprisonment | ||||||
16 | under Chapter V of the Unified
Code of Corrections.
| ||||||
17 | If the Court determines that one or more of the factors set | ||||||
18 | forth in
subsection (b) exists, the Court shall consider any | ||||||
19 | aggravating and
mitigating factors as indicated in subsection | ||||||
20 | (c). If the Court
determines, after weighing the factors in | ||||||
21 | aggravation and mitigation, that
death is the appropriate | ||||||
22 | sentence, the Court shall sentence the
defendant to death.
| ||||||
23 | If
the court finds that death is not the
appropriate | ||||||
24 | sentence, the
court shall sentence the defendant to a term of | ||||||
25 | imprisonment under
Chapter V of the Unified Code of | ||||||
26 | Corrections.
|
| |||||||
| |||||||
1 | (h-5) Decertification as a capital case.
| ||||||
2 | In a case in which the defendant has been found guilty of | ||||||
3 | first degree murder
by a judge or jury, or a case on remand for | ||||||
4 | resentencing, and the State seeks
the death penalty as an | ||||||
5 | appropriate
sentence,
on the court's own motion or the written | ||||||
6 | motion of the defendant, the court
may decertify the case as a | ||||||
7 | death penalty case if the court finds that the only
evidence | ||||||
8 | supporting the defendant's conviction is the uncorroborated | ||||||
9 | testimony
of an informant witness, as defined in Section 115-21 | ||||||
10 | of the Code of Criminal
Procedure of 1963, concerning the | ||||||
11 | confession or admission of the defendant or
that the sole | ||||||
12 | evidence against the defendant is a single eyewitness or single
| ||||||
13 | accomplice without any other corroborating evidence.
If the | ||||||
14 | court decertifies the case as a capital case
under either of | ||||||
15 | the grounds set forth above, the court shall issue a
written | ||||||
16 | finding. The State may pursue its right to appeal the | ||||||
17 | decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||||||
18 | the court does not
decertify the case as a capital case, the | ||||||
19 | matter shall proceed to the
eligibility phase of the sentencing | ||||||
20 | hearing.
| ||||||
21 | (i) Appellate Procedure.
| ||||||
22 | The conviction and sentence of death shall be subject to | ||||||
23 | automatic
review by the Supreme Court. Such review shall be in | ||||||
24 | accordance with
rules promulgated by the Supreme Court.
The | ||||||
25 | Illinois Supreme Court may overturn the death sentence, and | ||||||
26 | order the
imposition of imprisonment under Chapter V of the |
| |||||||
| |||||||
1 | Unified Code of
Corrections if the court finds that the death | ||||||
2 | sentence is fundamentally
unjust as applied to the particular | ||||||
3 | case.
If the Illinois Supreme Court finds that the
death | ||||||
4 | sentence is fundamentally unjust as applied to the particular | ||||||
5 | case,
independent of any procedural grounds for relief, the | ||||||
6 | Illinois Supreme Court
shall issue a written opinion explaining | ||||||
7 | this finding.
| ||||||
8 | (j) Disposition of reversed death sentence.
| ||||||
9 | In the event that the death penalty in this Act is held to | ||||||
10 | be
unconstitutional by the Supreme Court of the United States | ||||||
11 | or of the
State of Illinois, any person convicted of first | ||||||
12 | degree murder shall be
sentenced by the court to a term of | ||||||
13 | imprisonment under Chapter V of the
Unified Code of | ||||||
14 | Corrections.
| ||||||
15 | In the event that any death sentence pursuant to the | ||||||
16 | sentencing
provisions of this Section is declared | ||||||
17 | unconstitutional by the Supreme
Court of the United States or | ||||||
18 | of the State of Illinois, the court having
jurisdiction over a | ||||||
19 | person previously sentenced to death shall cause the
defendant | ||||||
20 | to be brought before the court, and the court shall sentence
| ||||||
21 | the defendant to a term of imprisonment under Chapter V of the
| ||||||
22 | Unified Code of Corrections.
| ||||||
23 | (k) Guidelines for seeking the death penalty.
| ||||||
24 | The Attorney General and
State's Attorneys Association | ||||||
25 | shall consult on voluntary guidelines for
procedures governing | ||||||
26 | whether or not to seek the death penalty. The guidelines
do not
|
| |||||||
| |||||||
1 | have the force of law and are only advisory in nature.
| ||||||
2 | (Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)
| ||||||
3 | Section 110. The Code of Criminal Procedure of 1963 is | ||||||
4 | amended by changing Sections 113-3 and 119-1 as follows:
| ||||||
5 | (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
| ||||||
6 | Sec. 113-3.
(a) Every person charged with an offense shall | ||||||
7 | be
allowed counsel before pleading to the charge. If the | ||||||
8 | defendant desires
counsel and has been unable to obtain same | ||||||
9 | before arraignment the court
shall recess court or continue the | ||||||
10 | cause for a reasonable time to permit
defendant to obtain | ||||||
11 | counsel and consult with him before pleading to the
charge. If | ||||||
12 | the accused is a dissolved corporation, and is not represented
| ||||||
13 | by counsel, the court may, in the interest of justice, appoint | ||||||
14 | as counsel a
licensed attorney of this State.
| ||||||
15 | (b) In all cases, except where
the penalty is a fine only, | ||||||
16 | if the
court determines that the defendant is indigent and | ||||||
17 | desires counsel, the
Public Defender shall be appointed as | ||||||
18 | counsel. If there is no Public
Defender in the county or if the | ||||||
19 | defendant requests counsel other than
the Public Defender and | ||||||
20 | the court finds that the rights of the defendant
will be | ||||||
21 | prejudiced by the appointment of the Public Defender, the court
| ||||||
22 | shall appoint as counsel a licensed attorney at law of this | ||||||
23 | State,
except that in a county having a population of 2,000,000 | ||||||
24 | or
more the
Public Defender shall be appointed as counsel in |
| |||||||
| |||||||
1 | all misdemeanor cases
where the defendant is indigent and | ||||||
2 | desires counsel unless the case
involves multiple defendants, | ||||||
3 | in which case the court may appoint
counsel other than the | ||||||
4 | Public Defender for the additional defendants.
The court shall | ||||||
5 | require an affidavit signed by any defendant who
requests | ||||||
6 | court-appointed counsel. Such affidavit shall be in the form
| ||||||
7 | established by the Supreme Court containing
sufficient | ||||||
8 | information to ascertain the assets and liabilities of that
| ||||||
9 | defendant. The Court may direct the Clerk of the Circuit Court | ||||||
10 | to
assist the defendant in the completion of the affidavit. Any | ||||||
11 | person who
knowingly files such affidavit containing false | ||||||
12 | information concerning
his assets and liabilities shall be | ||||||
13 | liable to the county where the
case, in which such false | ||||||
14 | affidavit is filed, is pending for the
reasonable value of the | ||||||
15 | services rendered by the public defender or
other | ||||||
16 | court-appointed counsel in the case to the extent that such
| ||||||
17 | services were unjustly or falsely procured.
| ||||||
18 | (c) Upon the filing with the court of a verified statement | ||||||
19 | of
services rendered the court shall order the county treasurer | ||||||
20 | of the
county of trial to pay counsel other than the Public | ||||||
21 | Defender a reasonable fee.
The court shall consider all | ||||||
22 | relevant circumstances, including but not limited
to the time | ||||||
23 | spent while court is in session, other time spent in | ||||||
24 | representing
the defendant, and expenses reasonably incurred | ||||||
25 | by counsel. In counties
with a population greater than | ||||||
26 | 2,000,000,
the court shall order the county
treasurer of the |
| |||||||
| |||||||
1 | county of trial to pay counsel other than the Public Defender
a | ||||||
2 | reasonable fee stated in the order and based upon a rate of | ||||||
3 | compensation
of not more than $40 for each hour spent while | ||||||
4 | court is in session and
not more than $30 for each hour | ||||||
5 | otherwise spent representing a
defendant, and such | ||||||
6 | compensation shall not exceed $150 for each
defendant | ||||||
7 | represented in misdemeanor cases and $1250 in felony cases, in
| ||||||
8 | addition to expenses reasonably incurred as hereinafter in this | ||||||
9 | Section
provided, except that, in extraordinary circumstances, | ||||||
10 | payment in excess
of the limits herein stated may be made if | ||||||
11 | the trial court certifies
that such payment is necessary to | ||||||
12 | provide fair compensation for
protracted representation. A | ||||||
13 | trial court may entertain the filing of this
verified statement | ||||||
14 | before the termination of the cause, and may order the
| ||||||
15 | provisional payment of sums during the pendency of the cause.
| ||||||
16 | (d) In capital cases, in addition to counsel, if the court
| ||||||
17 | determines that the defendant is indigent the court may, upon | ||||||
18 | the filing
with the court of a verified statement of services | ||||||
19 | rendered, order the
county Treasurer of the county of trial to | ||||||
20 | pay necessary expert
witnesses for defendant reasonable | ||||||
21 | compensation stated in the order not
to exceed $250 for each | ||||||
22 | defendant.
| ||||||
23 | (e) If the court in any county having a population greater | ||||||
24 | than
2,000,000 determines that the defendant is indigent the | ||||||
25 | court
may, upon the filing with the court of a verified | ||||||
26 | statement of such expenses,
order the county treasurer of the |
| |||||||
| |||||||
1 | county of trial, in such counties
having a population greater | ||||||
2 | than 2,000,000 to pay the general
expenses of the trial | ||||||
3 | incurred by the defendant not to exceed $50 for each
defendant.
| ||||||
4 | (f) The provisions of this Section relating to appointment | ||||||
5 | of counsel,
compensation of counsel, and payment of expenses
in | ||||||
6 | capital cases apply except when the compensation and expenses | ||||||
7 | are being
provided under the Capital Crimes Litigation Act of | ||||||
8 | 2014 .
| ||||||
9 | (Source: P.A. 91-589, eff. 1-1-00.)
| ||||||
10 | (725 ILCS 5/119-1) | ||||||
11 | Sec. 119-1. Death penalty restored abolished . | ||||||
12 | (a) (Blank). Beginning on the effective date of this | ||||||
13 | amendatory Act of the 96th General Assembly, notwithstanding | ||||||
14 | any other law to the contrary, the death penalty is abolished | ||||||
15 | and a sentence to death may not be imposed. | ||||||
16 | (b) All unobligated and unexpended moneys remaining in the | ||||||
17 | Capital Litigation Trust Fund on the effective date of this | ||||||
18 | amendatory Act of the 96th General Assembly shall be | ||||||
19 | transferred into the Death Penalty Abolition Fund on the | ||||||
20 | effective date of this amendatory Act of the 98th General | ||||||
21 | Assembly shall be transferred into the Capital Litigation Trust | ||||||
22 | Fund , a special fund in the State treasury, to be expended by | ||||||
23 | the Illinois Criminal Justice Information Authority, for | ||||||
24 | services for families of victims of homicide or murder and for | ||||||
25 | training of law enforcement personnel .
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1543, eff. 7-1-11 .)
| ||||||
2 | Section 115. The State Appellate Defender Act is amended by | ||||||
3 | changing Section 10 as follows:
| ||||||
4 | (725 ILCS 105/10) (from Ch. 38, par. 208-10)
| ||||||
5 | Sec. 10. Powers and duties of State Appellate Defender.
| ||||||
6 | (a) The State Appellate Defender shall represent indigent | ||||||
7 | persons on
appeal in criminal and delinquent minor proceedings, | ||||||
8 | when appointed to do so by
a court under a Supreme Court Rule | ||||||
9 | or law of this State.
| ||||||
10 | (b) The State Appellate Defender shall submit a budget for | ||||||
11 | the
approval of the State Appellate Defender Commission.
| ||||||
12 | (c) The State Appellate Defender may:
| ||||||
13 | (1) maintain a panel of private attorneys available to | ||||||
14 | serve as
counsel on a case basis;
| ||||||
15 | (2) establish programs, alone or in conjunction with | ||||||
16 | law schools,
for the purpose of utilizing volunteer law | ||||||
17 | students as legal assistants;
| ||||||
18 | (3) cooperate and consult with state agencies, | ||||||
19 | professional
associations, and other groups concerning the | ||||||
20 | causes of criminal
conduct, the rehabilitation and | ||||||
21 | correction of persons charged with and
convicted of crime, | ||||||
22 | the administration of criminal justice, and, in
counties of | ||||||
23 | less than 1,000,000 population, study, design, develop and
| ||||||
24 | implement model systems for the delivery of trial level |
| |||||||
| |||||||
1 | defender
services, and make an annual report to the General | ||||||
2 | Assembly;
| ||||||
3 | (4) hire investigators to provide investigative | ||||||
4 | services to appointed counsel and county
public defenders;
| ||||||
5 | (5) (Blank.)
| ||||||
6 | (5.1) in cases in which a death sentence is an | ||||||
7 | authorized disposition,
provide trial counsel with legal | ||||||
8 | assistance and the assistance of expert witnesses, | ||||||
9 | investigators,
and mitigation specialists from funds | ||||||
10 | appropriated to the State Appellate
Defender specifically | ||||||
11 | for that
purpose by the General Assembly. The Office of | ||||||
12 | State Appellate Defender shall
not be appointed to serve as | ||||||
13 | trial counsel in capital cases; | ||||||
14 | (5.5) provide training to county public defenders; | ||||||
15 | (5.7) provide county public defenders with the | ||||||
16 | assistance of expert witnesses and investigators from | ||||||
17 | funds appropriated to the State Appellate Defender | ||||||
18 | specifically for that purpose by the General Assembly. The | ||||||
19 | Office of the State Appellate Defender shall not be | ||||||
20 | appointed to act as trial counsel; | ||||||
21 | (6) develop a Juvenile Defender Resource Center to:
(i) | ||||||
22 | study, design, develop, and implement model systems for the | ||||||
23 | delivery of trial level defender services for juveniles in | ||||||
24 | the justice system; (ii) in cases in which a sentence of | ||||||
25 | incarceration or an adult sentence, or both, is an | ||||||
26 | authorized disposition, provide trial counsel with legal |
| |||||||
| |||||||
1 | advice and the assistance of expert witnesses and | ||||||
2 | investigators from funds appropriated to the Office of the | ||||||
3 | State Appellate Defender by the General Assembly | ||||||
4 | specifically for that purpose; (iii) develop and provide | ||||||
5 | training to public defenders on juvenile justice issues, | ||||||
6 | utilizing resources including the State and local bar | ||||||
7 | associations, the Illinois Public Defender Association, | ||||||
8 | law schools, the Midwest Juvenile Defender Center, and pro | ||||||
9 | bono efforts by law firms; and
(iv) make an annual report | ||||||
10 | to the General Assembly. | ||||||
11 | Investigators employed by the Capital Trial Assistance | ||||||
12 | Unit and Capital Post Conviction Unit of the State Appellate | ||||||
13 | Defender shall be authorized to
inquire
through the Illinois | ||||||
14 | State Police or local law enforcement with the Law
Enforcement
| ||||||
15 | Agencies Data System (LEADS) under Section 2605-375 of the | ||||||
16 | Civil Administrative
Code of Illinois to ascertain whether | ||||||
17 | their potential witnesses have a criminal
background, | ||||||
18 | including: (i) warrants; (ii) arrests; (iii) convictions; and | ||||||
19 | (iv)
officer
safety information. This authorization applies | ||||||
20 | only to information held on the
State
level and shall be used | ||||||
21 | only to protect the personal safety of the
investigators. Any
| ||||||
22 | information that is obtained through this inquiry may not be | ||||||
23 | disclosed by the
investigators. | ||||||
24 | (c-5) For each State fiscal year, the State Appellate | ||||||
25 | Defender shall request a direct appropriation from the Capital | ||||||
26 | Litigation Trust Fund for expenses incurred by the State |
| |||||||
| |||||||
1 | Appellate Defender in providing assistance to trial attorneys | ||||||
2 | under item (c)(5.1) of this Section and for expenses incurred | ||||||
3 | by the State Appellate Defender in representing petitioners in | ||||||
4 | capital cases in post-conviction proceedings under Article 122 | ||||||
5 | of the Code of Criminal Procedure of 1963 and in relation to | ||||||
6 | petitions filed under Section 2-1401 of the Code of Civil | ||||||
7 | Procedure in relation to capital cases and for the | ||||||
8 | representation of those petitioners by attorneys approved by or | ||||||
9 | contracted with the State Appellate Defender and an | ||||||
10 | appropriation to the State Treasurer for payments from the | ||||||
11 | Trust Fund for the defense of cases in counties other than Cook | ||||||
12 | County. The State Appellate Defender may appear before the
| ||||||
13 | General Assembly at other times during the State's fiscal year | ||||||
14 | to request
supplemental appropriations from the Trust Fund to | ||||||
15 | the State Treasurer. | ||||||
16 | (d) (Blank.)
| ||||||
17 | (e) The requirement for reporting to the General Assembly | ||||||
18 | shall be
satisfied
by filing copies of the report with the | ||||||
19 | Speaker, the Minority Leader and
the Clerk of the House of | ||||||
20 | Representatives and the President, the Minority
Leader and the | ||||||
21 | Secretary of the Senate and the Legislative Research
Unit, as | ||||||
22 | required by Section 3.1 of the General Assembly Organization
| ||||||
23 | Act and filing such additional copies with the State Government | ||||||
24 | Report
Distribution Center for
the General Assembly as is | ||||||
25 | required under paragraph (t) of Section 7 of the
State Library | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1148, eff. 7-21-10; 97-1003, eff. 8-17-12.)
|