Illinois-2023-HB2955-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2955

Introduced , by Rep. Dan Caulkins

SYNOPSIS AS INTRODUCED:

`New Act`
`5 ILCS 140/7.5`
`30 ILCS 105/5.990 new`
`720 ILCS 5/9-1`	`from Ch. 38, par. 9-1`
`725 ILCS 5/113-3`	`from Ch. 38, par. 113-3`
`725 ILCS 5/119-1`
`725 ILCS 105/10`	`from Ch. 38, par. 208-10`

Amends the Code of Criminal Procedure of 1963. Restores the death penalty for the first degree murder of a peace officer killed while performing his or her official duties. Enacts the Capital Crimes Litigation Act of 2023. Provides specified funding and resources for cases in which a sentence of death is an authorized disposition. Creates the Capital Litigation Trust Fund. Provides that all unobligated and unexpended moneys in the Death Penalty Abolition Fund are transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a sentence of death is an authorized

disposition,
the State Appellate Defender shall provide trial counsel with

legal assistance and 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. Provides

that the Office of State Appellate Defender shall
not be appointed to serve

as trial counsel in capital cases. Amends the Freedom of Information Act, the State Finance Act, and the Criminal Code of 2012 to make conforming changes.

LRB103 25549 RLC 51898 b

A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the

5 Capital Crimes Litigation Act of 2023.

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

10 certificate indicating he or she will not seek the death

11 penalty or stated on the record in open court that the death

12 penalty will not be sought, the trial court shall immediately

13 appoint the Public Defender, or any other qualified attorney

14 or attorneys as the Illinois Supreme Court shall by rule

15 provide, to represent the defendant as trial counsel. If the

16 Public Defender is appointed, he or she shall immediately

17 assign the attorney or attorneys who are public defenders to

18 represent the defendant. The counsel shall meet the

19 qualifications as the Supreme Court shall by rule provide. At

20 the request of court appointed counsel in a case in which the

21 death penalty is sought, attorneys employed by the State

22 Appellate Defender may enter an appearance for the limited

23 purpose of assisting counsel 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

19 budgets should be submitted ex parte and filed and

20 maintained under seal in order to protect the defendant's

21 right to effective assistance of counsel, right not to

22 incriminate him or herself and all applicable privileges.

23 Case budgets shall be reviewed and approved by the judge

24 assigned to try the case. As provided under subsection (c)

25 of this Section, petitions for compensation shall be

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1 reviewed by both the trial judge and the presiding judge

2 or the presiding judge's designee.

3 (2) The litigation budget shall serve purposes

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

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

17 compensated;

18 (B) the hourly rate at which private

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

24 limited to, counsel, expert, and investigative

25 services, that are likely to be needed through the

26 guilt and penalty phases of the trial. The court shall

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1 have discretion to require that budgets be prepared

2 for shorter intervals of time.

3 (4) Appointed counsel may obtain, subject to later

4 review, investigative, expert or other services without

5 prior authorization if necessary for an adequate defense.

6 If the 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

10 hearing is requested by defense counsel or deemed

11 necessary by the trial judge prior to modifying a budget,

12 the ex parte hearing shall be before the presiding judge

13 or the presiding judge's designee. The judge may then

14 authorize the services nunc pro tunc. If the presiding

15 judge or the presiding judge's designee finds that the

16 services were not reasonable, payment may be denied.

17 (5) An approved budget shall guide counsel's use of

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

26 or 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

16 average change in prices of goods and services purchased by

17 all urban consumers, United States city average, all items,

18 1982-84=100. The new rate resulting from each annual

19 adjustment shall be determined by the State Treasurer and made

20 available to the chief judge of each judicial circuit.

21 (c) Appointed trial counsel may also petition the court

22 for certification of expenses for reasonable and necessary

23 capital 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

4 Procedure. A provider of proposed services must also specify

5 (1) his or her hourly rate; (2) the hourly rate of anyone else

6 in his or her employ for whom reimbursement is sought; and (3)

7 the hourly rate of any person or entity that may be

8 subcontracted to perform these services. Counsel may not

9 petition for certification of expenses that may have been

10 provided or compensated by the State Appellate Defender under

11 item (c)(5.1) of Section 10 of the State Appellate Defender

12 Act. The petitions shall be filed under seal and considered ex

13 parte but with a court reporter present for all ex parte

14 conferences. If the requests are submitted after services have

15 been rendered, the requests shall be supported by an invoice

16 describing the services rendered, the dates the services were

17 performed and the amount of time spent. These petitions shall

18 be reviewed by both the trial judge and the presiding judge of

19 the circuit court or the presiding judge's designee. The

20 petitions and orders shall be kept under seal and shall be

21 exempt from Freedom of Information requests until the

22 conclusion of the trial, even if the prosecution chooses not

23 to pursue the death penalty prior to trial or sentencing. If an

24 ex parte hearing is requested by defense counsel or deemed

25 necessary by the trial judge, the hearing shall be before the

26 presiding judge or the 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

8 must certify reasonable and necessary expenses of the

9 petitioner for travel and per diem (lodging, meals, and

10 incidental expenses). These expenses must be paid at the rate

11 as promulgated by the United States General Services

12 Administration for these expenses for the date and location in

13 which they were incurred, unless extraordinary reasons are

14 shown for the difference. The petitions shall be filed under

15 seal and considered ex parte but with a court reporter present

16 for all ex parte conferences. The petitions shall be reviewed

17 by both the trial judge and the presiding judge of the circuit

18 court or the presiding judge's designee. If an ex parte

19 hearing is requested by defense counsel or deemed necessary by

20 the trial judge, the ex parte hearing shall be before the

21 presiding judge or the presiding judge's designee. If the

22 court determines that the compensation and expenses should be

23 paid from the Capital Litigation Trust Fund, the court shall

24 certify, on a form created by the State Treasurer, that all or

25 a designated portion of the amount requested is reasonable,

26 necessary, and appropriate for payment from the Trust Fund.

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1 The form must also be signed by lead trial counsel under the

2 provisions of Section 1-109 of the Code of Civil Procedure

3 verifying that the amount requested is reasonable, necessary,

4 and appropriate. Bills submitted for payment by any individual

5 or entity seeking payment from the Capital Litigation Trust

6 Fund must also be accompanied by a form created by the State

7 Treasurer and signed by the individual or responsible agent of

8 the entity under the provisions of Section 1-109 of the Code of

9 Civil Procedure that the amount requested is accurate and

10 truthful and reflects time spent or expenses incurred.

11 Certification of compensation and expenses by a court in any

12 county other than Cook County shall be delivered by the court

13 to the State Treasurer and must be paid by the State Treasurer

14 directly from the Capital Litigation Trust Fund if there are

15 sufficient moneys in the Trust Fund to pay the compensation

16 and expenses. If the State Treasurer finds within 14 days of

17 his or her receipt of a certification that the compensation

18 and expenses to be paid are unreasonable, unnecessary, or

19 inappropriate, he or she may return the certification to the

20 court setting forth in detail the objection or objections with

21 a request for the court to review the objection or objections

22 before resubmitting the certification. The State Treasurer

23 must send the claimant a copy of the objection or objections.

24 The State Treasurer may only seek a review of a specific

25 objection once. The claimant has 7 days from his or her receipt

26 of the objections to file a response with the court. With or

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1 without further hearing, the court must promptly rule on the

2 objections. The petitions and orders shall be kept under seal

3 and shall be exempt from Freedom of Information requests until

4 the conclusion of the trial and appeal of the case, even if the

5 prosecution chooses not to pursue the death penalty prior to

6 trial or sentencing. Certification of compensation and

7 expenses by a court in Cook County shall be delivered by the

8 court to the county treasurer and paid by the county treasurer

9 from moneys granted to the county from the Capital Litigation

10 Trust Fund.

11 Section 15. Capital Litigation Trust Fund.

12 (a) The Capital Litigation Trust Fund is created as a

13 special fund in the State treasury. The Trust Fund shall be

14 administered by the State Treasurer to provide moneys for the

15 appropriations to be made, grants to be awarded, and

16 compensation and expenses to be paid under this Act. All

17 interest earned from the investment or deposit of moneys

18 accumulated in the Trust Fund shall, under Section 4.1 of the

19 State Finance Act, be deposited into the Trust Fund.

20 (b) Moneys deposited into the Trust Fund shall not be

21 considered general revenue of the State of Illinois.

22 (c) Moneys deposited into the Trust Fund shall be used

23 exclusively for the purposes of providing funding for the

24 prosecution and defense of capital cases and for providing

25 funding for post-conviction proceedings in capital cases under

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1 Article 122 of the Code of Criminal Procedure of 1963 and in

2 relation to petitions filed under Section 2-1401 of the Code

3 of Civil Procedure in relation to capital cases as provided in

4 this Act and shall not be appropriated, loaned, or in any

5 manner transferred to the General Revenue Fund of the State of

6 Illinois.

7 (d) Every fiscal year the State Treasurer shall transfer

8 from the General Revenue Fund to the Capital Litigation Trust

9 Fund an amount equal to the full amount of moneys appropriated

10 by the General Assembly (both by original and supplemental

11 appropriation), less any unexpended balance from the previous

12 fiscal year, from the Capital Litigation Trust Fund for the

13 specific purpose of making funding available for the

14 prosecution and defense of capital cases and for the

15 litigation expenses associated with post-conviction

16 proceedings in capital cases under Article 122 of the Code of

17 Criminal Procedure of 1963 and in relation to petitions filed

18 under Section 2-1401 of the Code of Civil Procedure in

19 relation to capital cases. The Public Defender and State's

20 Attorney in Cook County, the State Appellate Defender, the

21 Office of the State's Attorneys Appellate Prosecutor, and the

22 Attorney General shall make annual requests for appropriations

23 from the Trust Fund.

24 (1) The Public Defender in Cook County shall request

25 appropriations to the State Treasurer for expenses

26 incurred by the Public Defender and for funding for

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1 private appointed defense counsel in Cook County.

2 (2) The State's Attorney in Cook County shall request

3 an appropriation to the State Treasurer for expenses

4 incurred by the State's Attorney.

5 (3) The State Appellate Defender shall request a

6 direct appropriation from the Trust Fund for expenses

7 incurred by the State Appellate Defender in providing

8 assistance to trial attorneys under item (c)(5.1) of

9 Section 10 of the State Appellate Defender Act and for

10 expenses incurred by the State Appellate Defender in

11 representing petitioners in capital cases in

12 post-conviction proceedings under Article 122 of the Code

13 of Criminal Procedure of 1963 and in relation to petitions

14 filed under Section 2-1401 of the Code of Civil Procedure

15 in relation to capital cases and for the representation of

16 those petitioners by attorneys approved by or contracted

17 with the State Appellate Defender and an appropriation to

18 the State Treasurer for payments from the Trust Fund for

19 the defense of cases in counties other than Cook County.

20 (4) The Office of the State's Attorneys Appellate

21 Prosecutor shall request a direct appropriation from the

22 Trust Fund to pay expenses incurred by the Office of the

23 State's Attorneys Appellate Prosecutor and an

24 appropriation to the State Treasurer for payments from the

25 Trust Fund for expenses incurred by State's Attorneys in

26 counties other than Cook County.

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1 (5) The Attorney General shall request a direct

2 appropriation from the Trust Fund to pay expenses incurred

3 by the Attorney General in assisting the State's Attorneys

4 in counties other than Cook County and to pay for expenses

5 incurred by the Attorney General when the Attorney General

6 is ordered by the presiding judge of the Criminal Division

7 of the Circuit Court of Cook County to prosecute or

8 supervise the prosecution of Cook County cases and for

9 expenses incurred by the Attorney General in representing

10 the State in post-conviction proceedings in capital cases

11 under Article 122 of the Code of Criminal Procedure of

12 1963 and in relation to petitions filed under Section

13 2-1401 of the Code of Civil Procedure in relation to

14 capital cases. The Public Defender and State's Attorney in

15 Cook County, the State Appellate Defender, the State's

16 Attorneys Appellate Prosecutor, and the Attorney General

17 may each request supplemental appropriations from the

18 Trust Fund during the fiscal year.

19 (e) Moneys in the Trust Fund shall be expended only as

20 follows:

21 (1) To pay the State Treasurer's costs to administer

22 the Trust Fund. The amount for this purpose may not exceed

23 5% in any one fiscal year of the amount otherwise

24 appropriated from the Trust Fund in the same fiscal year.

25 (2) To pay the capital litigation expenses of trial

26 defense and post-conviction proceedings in capital cases

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1 under Article 122 of the Code of Criminal Procedure of

2 1963 and in relation to petitions filed under Section

3 2-1401 of the Code of Civil Procedure in relation to

4 capital cases including, but not limited to, DNA testing,

5 including DNA testing under Section 116-3 of the Code of

6 Criminal Procedure of 1963, analysis, and expert

7 testimony, investigatory and other assistance, expert,

8 forensic, and other witnesses, and mitigation specialists,

9 and grants and aid provided to public defenders, appellate

10 defenders, and any attorney approved by or contracted with

11 the State Appellate Defender representing petitioners in

12 post-conviction proceedings in capital cases under Article

13 122 of the Code of Criminal Procedure of 1963 and in

14 relation to petitions filed under Section 2-1401 of the

15 Code of Civil Procedure in relation to capital cases or

16 assistance to attorneys who have been appointed by the

17 court to represent defendants who are charged with capital

18 crimes. Reasonable and necessary capital litigation

19 expenses include travel and per diem (lodging, meals, and

20 incidental expenses).

21 (3) To pay the compensation of trial attorneys, other

22 than public defenders or appellate defenders, who have

23 been appointed by the court to represent defendants who

24 are charged with capital crimes or attorneys approved by

25 or contracted with the State Appellate Defender to

26 represent petitioners in post-conviction proceedings in

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1 capital cases under Article 122 of the Code of Criminal

2 Procedure of 1963 and in relation to petitions filed under

3 Section 2-1401 of the Code of Civil Procedure in relation

4 to capital cases.

5 (4) To provide State's Attorneys with funding for

6 capital litigation expenses and for expenses of

7 representing the State in post-conviction proceedings in

8 capital cases under Article 122 of the Code of Criminal

9 Procedure of 1963 and in relation to petitions filed under

10 Section 2-1401 of the Code of Civil Procedure in relation

11 to capital cases including, but not limited to,

12 investigatory and other assistance and expert, forensic,

13 and other witnesses necessary to prosecute capital cases.

14 State's Attorneys in any county other than Cook County

15 seeking funding for capital litigation expenses and for

16 expenses of representing the State in post-conviction

17 proceedings in capital cases under Article 122 of the Code

18 of Criminal Procedure of 1963 and in relation to petitions

19 filed under Section 2-1401 of the Code of Civil Procedure

20 in relation to capital cases including, but not limited

21 to, investigatory and other assistance and expert,

22 forensic, or other witnesses under this Section may

23 request that the Office of the State's Attorneys Appellate

24 Prosecutor or the Attorney General, as the case may be,

25 certify the expenses as reasonable, necessary, and

26 appropriate for payment from the Trust Fund, on a form

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1 created by the State Treasurer. Upon certification of the

2 expenses and delivery of the certification to the State

3 Treasurer, the Treasurer shall pay the expenses directly

4 from the Capital Litigation Trust Fund if there are

5 sufficient moneys in the Trust Fund to pay the expenses.

6 (5) To provide financial support through the Attorney

7 General under the Attorney General Act for the several

8 county State's Attorneys outside of Cook County, but shall

9 not be used to increase personnel for the Attorney

10 General's Office, except when the Attorney General is

11 ordered by the presiding judge of the Criminal Division of

12 the Circuit Court of Cook County to prosecute or supervise

13 the prosecution of Cook County cases.

14 (6) To provide financial support through the State's

15 Attorneys Appellate Prosecutor under the State's Attorneys

16 Appellate Prosecutor's Act for the several county State's

17 Attorneys outside of Cook County, but shall not be used to

18 increase personnel for the Office of the State's Attorneys

19 Appellate Prosecutor.

20 (7) To provide financial support to the State

21 Appellate Defender under the State Appellate Defender Act.

22 Moneys expended from the Trust Fund shall be in addition

23 to county funding for Public Defenders and State's

24 Attorneys, and shall not be used to supplant or reduce

25 ordinary and customary county funding.

26 (f) Moneys in the Trust Fund shall be appropriated to the

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1 State Appellate Defender, the Office of the State's Attorneys

2 Appellate Prosecutor, the Attorney General, and the State

3 Treasurer. The State Appellate Defender shall receive an

4 appropriation from the Trust Fund to enable it to provide

5 assistance to appointed defense counsel and attorneys approved

6 by or contracted with the State Appellate Defender to

7 represent petitioners in post-conviction proceedings in

8 capital cases under Article 122 of the Code of Criminal

9 Procedure of 1963 and in relation to petitions filed under

10 Section 2-1401 of the Code of Civil Procedure in relation to

11 capital cases throughout the State and to Public Defenders in

12 counties other than Cook. The Office of the State's Attorneys

13 Appellate Prosecutor and the Attorney General shall receive

14 appropriations from the Trust Fund to enable them to provide

15 assistance to State's Attorneys in counties other than Cook

16 County and when the Attorney General is ordered by the

17 presiding judge of the Criminal Division of the Circuit Court

18 of Cook County to prosecute or supervise the prosecution of

19 Cook County cases. Moneys shall be appropriated to the State

20 Treasurer to enable the Treasurer (i) to make grants to Cook

21 County, (ii) to pay the expenses of Public Defenders, the

22 State Appellate Defender, the Attorney General, the Office of

23 the State's Attorneys Appellate Prosecutor, and State's

24 Attorneys in counties other than Cook County, (iii) to pay the

25 expenses and compensation of appointed defense counsel and

26 attorneys approved by or contracted with the State Appellate

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1 Defender to represent petitioners in post-conviction

2 proceedings in capital cases under Article 122 of the Code of

3 Criminal Procedure of 1963 and in relation to petitions filed

4 under Section 2-1401 of the Code of Civil Procedure in

5 relation to capital cases in counties other than Cook County,

6 and (iv) to pay the costs of administering the Trust Fund. All

7 expenditures and grants made from the Trust Fund shall be

8 subject to audit by the Auditor General.

9 (g) For Cook County, grants from the Trust Fund shall be

10 made and administered as follows:

11 (1) For each State fiscal year, the State's Attorney

12 and Public Defender must each make a separate application

13 to the State Treasurer for capital litigation grants.

14 (2) The State Treasurer shall establish rules and

15 procedures for grant applications. The rules shall require

16 the Cook County Treasurer as the grant recipient to report

17 on a periodic basis to the State Treasurer how much of the

18 grant has been expended, how much of the grant is

19 remaining, and the purposes for which the grant has been

20 used. The rules may also require the Cook County Treasurer

21 to certify on a periodic basis that expenditures of the

22 funds have been made for expenses that are reasonable,

23 necessary, and appropriate for payment from the Trust

24 Fund.

25 (3) The State Treasurer shall make the grants to the

26 Cook County Treasurer as soon as possible after the

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1 beginning of the State fiscal year.

2 (4) The State's Attorney or Public Defender may apply

3 for supplemental grants during the fiscal year.

4 (5) Grant moneys shall be paid to the Cook County

5 Treasurer in block grants and held in separate accounts

6 for the State's Attorney, the Public Defender, and court

7 appointed defense counsel other than the Cook County

8 Public Defender, respectively, for the designated fiscal

9 year, and are not subject to county appropriation.

10 (6) Expenditure of grant moneys under this subsection

11 (g) is subject to audit by the Auditor General.

12 (7) The Cook County Treasurer shall immediately make

13 payment from the appropriate separate account in the

14 county treasury for capital litigation expenses to the

15 State's Attorney, Public Defender, or court appointed

16 defense counsel other than the Public Defender, as the

17 case may be, upon order of the State's Attorney, Public

18 Defender or the court, respectively.

19 (h) If a defendant in a capital case in Cook County is

20 represented by court appointed counsel other than the Cook

21 County Public Defender, the appointed counsel shall petition

22 the court for an order directing the Cook County Treasurer to

23 pay the court appointed counsel's reasonable and necessary

24 compensation and capital litigation expenses from grant moneys

25 provided from the Trust Fund. The petitions shall be supported

26 by itemized bills showing the date, the amount of time spent,

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1 the work done and the total being charged for each entry. The

2 court shall not authorize payment of bills that are not

3 properly itemized. The petitions shall be filed under seal and

4 considered ex parte but with a court reporter present for all

5 ex parte conferences. The petitions shall be reviewed by both

6 the trial judge and the presiding judge of the circuit court or

7 the presiding judge's designee. The petitions and orders shall

8 be kept under seal and shall be exempt from Freedom of

9 Information requests until the conclusion of the trial and

10 appeal of the case, even if the prosecution chooses not to

11 pursue the death penalty prior to trial or sentencing. Orders

12 denying petitions for compensation or expenses are final.

13 Counsel may not petition for expenses that may have been

14 provided or compensated by the State Appellate Defender under

15 item (c)(5.1) of Section 10 of the State Appellate Defender

16 Act.

17 (i) In counties other than Cook County, and when the

18 Attorney General is ordered by the presiding judge of the

19 Criminal Division of the Circuit Court of Cook County to

20 prosecute or supervise the prosecution of Cook County cases,

21 and excluding capital litigation expenses or services that may

22 have been provided by the State Appellate Defender under item

23 (c)(5.1) of Section 10 of the State Appellate Defender Act:

24 (1) Upon certification by the circuit court, on a form

25 created by the State Treasurer, that all or a portion of

26 the expenses are reasonable, necessary, and appropriate

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1 for payment from the Trust Fund and the court's delivery

2 of the certification to the Treasurer, the Treasurer shall

3 pay the certified expenses of Public Defenders and the

4 State Appellate Defender from the money appropriated to

5 the Treasurer for capital litigation expenses of Public

6 Defenders and post-conviction proceeding expenses in

7 capital cases of the State Appellate Defender and expenses

8 in relation to petitions filed under Section 2-1401 of the

9 Code of Civil Procedure in relation to capital cases in

10 any county other than Cook County, if there are sufficient

11 moneys in the Trust Fund to pay the expenses.

12 (2) If a defendant in a capital case is represented by

13 court appointed counsel other than the Public Defender,

14 the appointed counsel shall petition the court to certify

15 compensation and capital litigation expenses including,

16 but not limited to, investigatory and other assistance,

17 expert, forensic, and other witnesses, and mitigation

18 specialists as reasonable, necessary, and appropriate for

19 payment from the Trust Fund. If a petitioner in a capital

20 case who has filed a petition for post-conviction relief

21 under Article 122 of the Code of Criminal Procedure of

22 1963 or a petition under Section 2-1401 of the Code of

23 Civil Procedure in relation to capital cases is

24 represented by an attorney approved by or contracted with

25 the State Appellate Defender other than the State

26 Appellate Defender, that attorney shall petition the court

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1 to certify compensation and litigation expenses of

2 post-conviction proceedings under Article 122 of the Code

3 of Criminal Procedure of 1963 or in relation to petitions

4 filed under Section 2-1401 of the Code of Civil Procedure

5 in relation to capital cases. Upon certification on a form

6 created by the State Treasurer of all or a portion of the

7 compensation and expenses certified as reasonable,

8 necessary, and appropriate for payment from the Trust Fund

9 and the court's delivery of the certification to the

10 Treasurer, the State Treasurer shall pay the certified

11 compensation and expenses from the money appropriated to

12 the Treasurer for that purpose, if there are sufficient

13 moneys in the Trust Fund to make those payments.

14 (3) A petition for capital litigation expenses or

15 post-conviction proceeding expenses or expenses incurred

16 in filing a petition under Section 2-1401 of the Code of

17 Civil Procedure in relation to capital cases under this

18 subsection shall be considered under seal and reviewed ex

19 parte with a court reporter present. Orders denying

20 petitions for compensation or expenses are final.

21 (j) If the Trust Fund is discontinued or dissolved by an

22 Act of the General Assembly or by operation of law, any balance

23 remaining in the Trust Fund shall be returned to the General

24 Revenue Fund after deduction of administrative costs, any

25 other provision of this Act to the contrary notwithstanding.

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1 Section 100. The Freedom of Information Act is amended by

2 changing Section 7.5 as follows:

3 (5 ILCS 140/7.5)

4 Sec. 7.5. Statutory exemptions. To the extent provided for

5 by the statutes referenced below, the following shall be

6 exempt from inspection and copying:

7 (a) All information determined to be confidential

8 under Section 4002 of the Technology Advancement and

9 Development Act.

10 (b) Library circulation and order records identifying

11 library users with specific materials under the Library

12 Records Confidentiality Act.

13 (c) Applications, related documents, and medical

14 records received by the Experimental Organ Transplantation

15 Procedures Board and any and all documents or other

16 records prepared by the Experimental Organ Transplantation

17 Procedures Board or its staff relating to applications it

18 has received.

19 (d) Information and records held by the Department of

20 Public Health and its authorized representatives relating

21 to known or suspected cases of sexually transmissible

22 disease or any information the disclosure of which is

23 restricted under the Illinois Sexually Transmissible

24 Disease Control Act.

25 (e) Information the disclosure of which is exempted

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1 under Section 30 of the Radon Industry Licensing Act.

2 (f) Firm performance evaluations under Section 55 of

3 the Architectural, Engineering, and Land Surveying

4 Qualifications Based Selection Act.

5 (g) Information the disclosure of which is restricted

6 and exempted under Section 50 of the Illinois Prepaid

7 Tuition Act.

8 (h) Information the disclosure of which is exempted

9 under the State Officials and Employees Ethics Act, and

10 records of any lawfully created State or local inspector

11 general's office that would be exempt if created or

12 obtained by an Executive Inspector General's office under

13 that Act.

14 (i) Information contained in a local emergency energy

15 plan submitted to a municipality in accordance with a

16 local emergency energy plan ordinance that is adopted

17 under Section 11-21.5-5 of the Illinois Municipal Code.

18 (j) Information and data concerning the distribution

19 of surcharge moneys collected and remitted by carriers

20 under the Emergency Telephone System Act.

21 (k) Law enforcement officer identification information

22 or driver identification information compiled by a law

23 enforcement agency or the Department of Transportation

24 under Section 11-212 of the Illinois Vehicle Code.

25 (l) Records and information provided to a residential

26 health care facility resident sexual assault and death

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1 review team or the Executive Council under the Abuse

2 Prevention Review Team Act.

3 (m) Information provided to the predatory lending

4 database created pursuant to Article 3 of the Residential

5 Real Property Disclosure Act, except to the extent

6 authorized under that Article.

7 (n) Defense budgets and petitions for certification of

8 compensation and expenses for court appointed trial

9 counsel as provided under Sections 10 and 15 of the

10 Capital Crimes Litigation Act or the Capital Crimes

11 Litigation Act of 2023. This subsection (n) shall apply

12 until the conclusion of the trial of the case, even if the

13 prosecution chooses not to pursue the death penalty prior

14 to trial or sentencing.

15 (o) Information that is prohibited from being

16 disclosed under Section 4 of the Illinois Health and

17 Hazardous Substances Registry Act.

18 (p) Security portions of system safety program plans,

19 investigation reports, surveys, schedules, lists, data, or

20 information compiled, collected, or prepared by or for the

21 Department of Transportation under Sections 2705-300 and

22 2705-616 of the Department of Transportation Law of the

23 Civil Administrative Code of Illinois, the Regional

24 Transportation Authority under Section 2.11 of the

25 Regional Transportation Authority Act, or the St. Clair

26 County Transit District under the Bi-State Transit Safety

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1 Act.

2 (q) Information prohibited from being disclosed by the

3 Personnel Record Review Act.

4 (r) Information prohibited from being disclosed by the

5 Illinois School Student Records Act.

6 (s) Information the disclosure of which is restricted

7 under Section 5-108 of the Public Utilities Act.

8 (t) All identified or deidentified health information

9 in the form of health data or medical records contained

10 in, stored in, submitted to, transferred by, or released

11 from the Illinois Health Information Exchange, and

12 identified or deidentified health information in the form

13 of health data and medical records of the Illinois Health

14 Information Exchange in the possession of the Illinois

15 Health Information Exchange Office due to its

16 administration of the Illinois Health Information

17 Exchange. The terms "identified" and "deidentified" shall

18 be given the same meaning as in the Health Insurance

19 Portability and Accountability Act of 1996, Public Law

20 104-191, or any subsequent amendments thereto, and any

21 regulations promulgated thereunder.

22 (u) Records and information provided to an independent

23 team of experts under the Developmental Disability and

24 Mental Health Safety Act (also known as Brian's Law).

25 (v) Names and information of people who have applied

26 for or received Firearm Owner's Identification Cards under

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1 the Firearm Owners Identification Card Act or applied for

2 or received a concealed carry license under the Firearm

3 Concealed Carry Act, unless otherwise authorized by the

4 Firearm Concealed Carry Act; and databases under the

5 Firearm Concealed Carry Act, records of the Concealed

6 Carry Licensing Review Board under the Firearm Concealed

7 Carry Act, and law enforcement agency objections under the

8 Firearm Concealed Carry Act.

9 (v-5) Records of the Firearm Owner's Identification

10 Card Review Board that are exempted from disclosure under

11 Section 10 of the Firearm Owners Identification Card Act.

12 (w) Personally identifiable information which is

13 exempted from disclosure under subsection (g) of Section

14 19.1 of the Toll Highway Act.

15 (x) Information which is exempted from disclosure

16 under Section 5-1014.3 of the Counties Code or Section

17 8-11-21 of the Illinois Municipal Code.

18 (y) Confidential information under the Adult

19 Protective Services Act and its predecessor enabling

20 statute, the Elder Abuse and Neglect Act, including

21 information about the identity and administrative finding

22 against any caregiver of a verified and substantiated

23 decision of abuse, neglect, or financial exploitation of

24 an eligible adult maintained in the Registry established

25 under Section 7.5 of the Adult Protective Services Act.

26 (z) Records and information provided to a fatality

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1 review team or the Illinois Fatality Review Team Advisory

2 Council under Section 15 of the Adult Protective Services

3 Act.

4 (aa) Information which is exempted from disclosure

5 under Section 2.37 of the Wildlife Code.

6 (bb) Information which is or was prohibited from

7 disclosure by the Juvenile Court Act of 1987.

8 (cc) Recordings made under the Law Enforcement

9 Officer-Worn Body Camera Act, except to the extent

10 authorized under that Act.

11 (dd) Information that is prohibited from being

12 disclosed under Section 45 of the Condominium and Common

13 Interest Community Ombudsperson Act.

14 (ee) Information that is exempted from disclosure

15 under Section 30.1 of the Pharmacy Practice Act.

16 (ff) Information that is exempted from disclosure

17 under the Revised Uniform Unclaimed Property Act.

18 (gg) Information that is prohibited from being

19 disclosed under Section 7-603.5 of the Illinois Vehicle

20 Code.

21 (hh) Records that are exempt from disclosure under

22 Section 1A-16.7 of the Election Code.

23 (ii) Information which is exempted from disclosure

24 under Section 2505-800 of the Department of Revenue Law of

25 the Civil Administrative Code of Illinois.

26 (jj) Information and reports that are required to be

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1 submitted to the Department of Labor by registering day

2 and temporary labor service agencies but are exempt from

3 disclosure under subsection (a-1) of Section 45 of the Day

4 and Temporary Labor Services Act.

5 (kk) Information prohibited from disclosure under the

6 Seizure and Forfeiture Reporting Act.

7 (ll) Information the disclosure of which is restricted

8 and exempted under Section 5-30.8 of the Illinois Public

9 Aid Code.

10 (mm) Records that are exempt from disclosure under

11 Section 4.2 of the Crime Victims Compensation Act.

12 (nn) Information that is exempt from disclosure under

13 Section 70 of the Higher Education Student Assistance Act.

14 (oo) Communications, notes, records, and reports

15 arising out of a peer support counseling session

16 prohibited from disclosure under the First Responders

17 Suicide Prevention Act.

18 (pp) Names and all identifying information relating to

19 an employee of an emergency services provider or law

20 enforcement agency under the First Responders Suicide

21 Prevention Act.

22 (qq) Information and records held by the Department of

23 Public Health and its authorized representatives collected

24 under the Reproductive Health Act.

25 (rr) Information that is exempt from disclosure under

26 the Cannabis Regulation and Tax Act.

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1 (ss) Data reported by an employer to the Department of

2 Human Rights pursuant to Section 2-108 of the Illinois

3 Human Rights Act.

4 (tt) Recordings made under the Children's Advocacy

5 Center Act, except to the extent authorized under that

6 Act.

7 (uu) Information that is exempt from disclosure under

8 Section 50 of the Sexual Assault Evidence Submission Act.

9 (vv) Information that is exempt from disclosure under

10 subsections (f) and (j) of Section 5-36 of the Illinois

11 Public Aid Code.

12 (ww) Information that is exempt from disclosure under

13 Section 16.8 of the State Treasurer Act.

14 (xx) Information that is exempt from disclosure or

15 information that shall not be made public under the

16 Illinois Insurance Code.

17 (yy) Information prohibited from being disclosed under

18 the Illinois Educational Labor Relations Act.

19 (zz) Information prohibited from being disclosed under

20 the Illinois Public Labor Relations Act.

21 (aaa) Information prohibited from being disclosed

22 under Section 1-167 of the Illinois Pension Code.

23 (bbb) Information that is prohibited from disclosure

24 by the Illinois Police Training Act and the Illinois State

25 Police Act.

26 (ccc) Records exempt from disclosure under Section

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1 2605-304 of the Illinois State Police Law of the Civil

2 Administrative Code of Illinois.

3 (ddd) Information prohibited from being disclosed

4 under Section 35 of the Address Confidentiality for

5 Victims of Domestic Violence, Sexual Assault, Human

6 Trafficking, or Stalking Act.

7 (eee) Information prohibited from being disclosed

8 under subsection (b) of Section 75 of the Domestic

9 Violence Fatality Review Act.

10 (fff) Images from cameras under the Expressway Camera

11 Act. This subsection (fff) is inoperative on and after

12 July 1, 2023.

13 (ggg) Information prohibited from disclosure under

14 paragraph (3) of subsection (a) of Section 14 of the Nurse

15 Agency Licensing Act.

16 (hhh) Information submitted to the Department of State

17 Police in an affidavit or application for an assault

18 weapon endorsement, assault weapon attachment endorsement,

19 .50 caliber rifle endorsement, or .50 caliber cartridge

20 endorsement under the Firearm Owners Identification Card

21 Act.

22 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;

23 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.

24 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,

25 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;

26 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.

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1 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,

2 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;

3 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.

4 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)

5 Section 105. The State Finance Act is amended by adding

6 Section 5.990 as follows:

7 (30 ILCS 105/5.990 new)

8 Sec. 5.990. The Capital Litigation Trust Fund.

9 Section 110. The Criminal Code of 2012 is amended by

10 changing Section 9-1 as follows:

11 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)

12 Sec. 9-1. First degree murder; death penalties;

13 exceptions; separate hearings; proof; findings; appellate

14 procedures; reversals.

15 (a) A person who kills an individual without lawful

16 justification commits first degree murder if, in performing

17 the acts which cause the death:

18 (1) he or she either intends to kill or do great bodily

19 harm to that individual or another, or knows that such

20 acts will cause death to that individual or another; or

21 (2) he or she knows that such acts create a strong

22 probability of death or great bodily harm to that

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1 individual or another; or

2 (3) he or she, acting alone or with one or more

3 participants, commits or attempts to commit a forcible

4 felony other than second degree murder, and in the course

5 of or in furtherance of such crime or flight therefrom, he

6 or she or another participant causes the death of a

7 person.

8 (b) Aggravating Factors. A defendant who at the time of

9 the commission of the offense has attained the age of 18 or

10 more and who has been found guilty of first degree murder may

11 be sentenced to death if:

12 (1) the murdered individual was a peace officer ~~or~~

13 ~~fireman~~killed in the course of performing hisor her

14 official duties, to prevent the performance of his or her

15 official duties, or in retaliation for performing his or

16 her official duties, and the defendant knew or should have

17 known that the murdered individual was a peace officer ~~or~~

18 ~~fireman~~; or

19 (1.5) the murdered individual was a firefighter killed

20 in the course of performing his or her official duties, to

21 prevent the performance of his or her official duties, or

22 in retaliation for performing his or her official duties,

23 and the defendant knew or should have known that the

24 murdered individual was a firefighter; or

25 (2) the murdered individual was an employee of an

26 institution or facility of the Department of Corrections,

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1 or any similar local correctional agency, killed in the

2 course of performing his or her official duties, to

3 prevent the performance of his or her official duties, or

4 in retaliation for performing his or her official duties,

5 or the murdered individual was an inmate at such

6 institution or facility and was killed on the grounds

7 thereof, or the murdered individual was otherwise present

8 in such institution or facility with the knowledge and

9 approval of the chief administrative officer thereof; or

10 (3) the defendant has been convicted of murdering two

11 or more individuals under subsection (a) of this Section

12 or under any law of the United States or of any state which

13 is substantially similar to subsection (a) of this Section

14 regardless of whether the deaths occurred as the result of

15 the same act or of several related or unrelated acts so

16 long as the deaths were the result of either an intent to

17 kill more than one person or of separate acts which the

18 defendant knew would cause death or create a strong

19 probability of death or great bodily harm to the murdered

20 individual or another; or

21 (4) the murdered individual was killed as a result of

22 the hijacking of an airplane, train, ship, bus, or other

23 public conveyance; or

24 (5) the defendant committed the murder pursuant to a

25 contract, agreement, or understanding by which he or she

26 was to receive money or anything of value in return for

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1 committing the murder or procured another to commit the

2 murder for money or anything of value; or

3 (6) the murdered individual was killed in the course

4 of another felony if:

5 (a) the murdered individual:

6 (i) was actually killed by the defendant, or

7 (ii) received physical injuries personally

8 inflicted by the defendant substantially

9 contemporaneously with physical injuries caused by

10 one or more persons for whose conduct the

11 defendant is legally accountable under Section 5-2

12 of this Code, and the physical injuries inflicted

13 by either the defendant or the other person or

14 persons for whose conduct he is legally

15 accountable caused the death of the murdered

16 individual; and

17 (b) in performing the acts which caused the death

18 of the murdered individual or which resulted in

19 physical injuries personally inflicted by the

20 defendant on the murdered individual under the

21 circumstances of subdivision (ii) of subparagraph (a)

22 of paragraph (6) of subsection (b) of this Section,

23 the defendant acted with the intent to kill the

24 murdered individual or with the knowledge that his

25 acts created a strong probability of death or great

26 bodily harm to the murdered individual or another; and

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1 (c) the other felony was an inherently violent

2 crime or the attempt to commit an inherently violent

3 crime. In this subparagraph (c), "inherently violent

4 crime" includes, but is not limited to, armed robbery,

5 robbery, predatory criminal sexual assault of a child,

6 aggravated criminal sexual assault, aggravated

7 kidnapping, aggravated vehicular hijacking, aggravated

8 arson, aggravated stalking, residential burglary, and

9 home invasion; or

10 (7) the murdered individual was under 12 years of age

11 and the death resulted from exceptionally brutal or

12 heinous behavior indicative of wanton cruelty; or

13 (8) the defendant committed the murder with intent to

14 prevent the murdered individual from testifying or

15 participating in any criminal investigation or prosecution

16 or giving material assistance to the State in any

17 investigation or prosecution, either against the defendant

18 or another; or the defendant committed the murder because

19 the murdered individual was a witness in any prosecution

20 or gave material assistance to the State in any

21 investigation or prosecution, either against the defendant

22 or another; for purposes of this paragraph (8),

23 "participating in any criminal investigation or

24 prosecution" is intended to include those appearing in the

25 proceedings in any capacity such as trial judges,

26 prosecutors, defense attorneys, investigators, witnesses,

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1 or jurors; or

2 (9) the defendant, while committing an offense

3 punishable under Sections 401, 401.1, 401.2, 405, 405.2,

4 407 or 407.1 or subsection (b) of Section 404 of the

5 Illinois Controlled Substances Act, or while engaged in a

6 conspiracy or solicitation to commit such offense,

7 intentionally killed an individual or counseled,

8 commanded, induced, procured or caused the intentional

9 killing of the murdered individual; or

10 (10) the defendant was incarcerated in an institution

11 or facility of the Department of Corrections at the time

12 of the murder, and while committing an offense punishable

13 as a felony under Illinois law, or while engaged in a

14 conspiracy or solicitation to commit such offense,

15 intentionally killed an individual or counseled,

16 commanded, induced, procured or caused the intentional

17 killing of the murdered individual; or

18 (11) the murder was committed in a cold, calculated

19 and premeditated manner pursuant to a preconceived plan,

20 scheme or design to take a human life by unlawful means,

21 and the conduct of the defendant created a reasonable

22 expectation that the death of a human being would result

23 therefrom; or

24 (12) the murdered individual was an emergency medical

25 technician - ambulance, emergency medical technician -

26 intermediate, emergency medical technician - paramedic,

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1 ambulance driver, or other medical assistance or first aid

2 personnel, employed by a municipality or other

3 governmental unit, killed in the course of performing his

4 official duties, to prevent the performance of his

5 official duties, or in retaliation for performing his

6 official duties, and the defendant knew or should have

7 known that the murdered individual was an emergency

8 medical technician - ambulance, emergency medical

9 technician - intermediate, emergency medical technician -

10 paramedic, ambulance driver, or other medical assistance

11 or first aid personnel; or

12 (13) the defendant was a principal administrator,

13 organizer, or leader of a calculated criminal drug

14 conspiracy consisting of a hierarchical position of

15 authority superior to that of all other members of the

16 conspiracy, and the defendant counseled, commanded,

17 induced, procured, or caused the intentional killing of

18 the murdered person; or

19 (14) the murder was intentional and involved the

20 infliction of torture. For the purpose of this Section

21 torture means the infliction of or subjection to extreme

22 physical pain, motivated by an intent to increase or

23 prolong the pain, suffering or agony of the victim; or

24 (15) the murder was committed as a result of the

25 intentional discharge of a firearm by the defendant from a

26 motor vehicle and the victim was not present within the

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1 motor vehicle; or

2 (16) the murdered individual was 60 years of age or

3 older and the death resulted from exceptionally brutal or

4 heinous behavior indicative of wanton cruelty; or

5 (17) the murdered individual was a person with a

6 disability and the defendant knew or should have known

7 that the murdered individual was a person with a

8 disability. For purposes of this paragraph (17), "person

9 with a disability" means a person who suffers from a

10 permanent physical or mental impairment resulting from

11 disease, an injury, a functional disorder, or a congenital

12 condition that renders the person incapable of adequately

13 providing for his or her own health or personal care; or

14 (18) the murder was committed by reason of any

15 person's activity as a community policing volunteer or to

16 prevent any person from engaging in activity as a

17 community policing volunteer; or

18 (19) the murdered individual was subject to an order

19 of protection and the murder was committed by a person

20 against whom the same order of protection was issued under

21 the Illinois Domestic Violence Act of 1986; or

22 (20) the murdered individual was known by the

23 defendant to be a teacher or other person employed in any

24 school and the teacher or other employee is upon the

25 grounds of a school or grounds adjacent to a school, or is

26 in any part of a building used for school purposes; or

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1 (21) the murder was committed by the defendant in

2 connection with or as a result of the offense of terrorism

3 as defined in Section 29D-14.9 of this Code; or

4 (22) the murdered individual was a member of a

5 congregation engaged in prayer or other religious

6 activities at a church, synagogue, mosque, or other

7 building, structure, or place used for religious worship.

8 (b-5) Aggravating Factor; Natural Life Imprisonment. A

9 defendant who has been found guilty of first degree murder and

10 who at the time of the commission of the offense had attained

11 the age of 18 years or more may be sentenced to natural life

12 imprisonment if (i) the murdered individual was a physician,

13 physician assistant, psychologist, nurse, or advanced practice

14 registered nurse, (ii) the defendant knew or should have known

15 that the murdered individual was a physician, physician

16 assistant, psychologist, nurse, or advanced practice

17 registered nurse, and (iii) the murdered individual was killed

18 in the course of acting in his or her capacity as a physician,

19 physician assistant, psychologist, nurse, or advanced practice

20 registered nurse, or to prevent him or her from acting in that

21 capacity, or in retaliation for his or her acting in that

22 capacity.

23 (c) Consideration of factors in Aggravation and

24 Mitigation.

25 The court shall consider, or shall instruct the jury to

26 consider any aggravating and any mitigating factors which are

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1 relevant to the imposition of the death penalty. Aggravating

2 factors may include but need not be limited to those factors

3 set forth in subsection (b). Mitigating factors may include

4 but need not be limited to the following:

5 (1) the defendant has no significant history of prior

6 criminal activity;

7 (2) the murder was committed while the defendant was

8 under the influence of extreme mental or emotional

9 disturbance, although not such as to constitute a defense

10 to prosecution;

11 (3) the murdered individual was a participant in the

12 defendant's homicidal conduct or consented to the

13 homicidal act;

14 (4) the defendant acted under the compulsion of threat

15 or menace of the imminent infliction of death or great

16 bodily harm;

17 (5) the defendant was not personally present during

18 commission of the act or acts causing death;

19 (6) the defendant's background includes a history of

20 extreme emotional or physical abuse;

21 (7) the defendant suffers from a reduced mental

22 capacity.

23 Provided, however, that an action that does not otherwise

24 mitigate first degree murder cannot qualify as a mitigating

25 factor for first degree murder because of the discovery,

26 knowledge, or disclosure of the victim's sexual orientation as

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1 defined in Section 1-103 of the Illinois Human Rights Act.

2 (d) Separate sentencing hearing.

3 Where requested by the State, the court shall conduct a

4 separate sentencing proceeding to determine the existence of

5 factors set forth in subsection (b) and to consider any

6 aggravating or mitigating factors as indicated in subsection

7 (c). The proceeding shall be conducted:

8 (1) before the jury that determined the defendant's

9 guilt; or

10 (2) before a jury impanelled for the purpose of the

11 proceeding if:

12 A. the defendant was convicted upon a plea of

13 guilty; or

14 B. the defendant was convicted after a trial

15 before the court sitting without a jury; or

16 C. the court for good cause shown discharges the

17 jury that determined the defendant's guilt; or

18 (3) before the court alone if the defendant waives a

19 jury for the separate proceeding.

20 (e) Evidence and Argument.

21 During the proceeding any information relevant to any of

22 the factors set forth in subsection (b) may be presented by

23 either the State or the defendant under the rules governing

24 the admission of evidence at criminal trials. Any information

25 relevant to any additional aggravating factors or any

26 mitigating factors indicated in subsection (c) may be

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1 presented by the State or defendant regardless of its

2 admissibility under the rules governing the admission of

3 evidence at criminal trials. The State and the defendant shall

4 be given fair opportunity to rebut any information received at

5 the hearing.

6 (f) Proof.

7 The burden of proof of establishing the existence of any

8 of the factors set forth in subsection (b) is on the State and

9 shall not be satisfied unless established beyond a reasonable

10 doubt.

11 (g) Procedure - Jury.

12 If at the separate sentencing proceeding the jury finds

13 that none of the factors set forth in subsection (b) exists,

14 the court shall sentence the defendant to a term of

15 imprisonment under Chapter V of the Unified Code of

16 Corrections. If there is a unanimous finding by the jury that

17 one or more of the factors set forth in subsection (b) exist,

18 the jury shall consider aggravating and mitigating factors as

19 instructed by the court and shall determine whether the

20 sentence of death shall be imposed. If the jury determines

21 unanimously, after weighing the factors in aggravation and

22 mitigation, that death is the appropriate sentence, the court

23 shall sentence the defendant to death. If the court does not

24 concur with the jury determination that death is the

25 appropriate sentence, the court shall set forth reasons in

26 writing including what facts or circumstances the court relied

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1 upon, along with any relevant documents, that compelled the

2 court to non-concur with the sentence. This document and any

3 attachments shall be part of the record for appellate review.

4 The court shall be bound by the jury's sentencing

5 determination.

6 If after weighing the factors in aggravation and

7 mitigation, one or more jurors determines that death is not

8 the appropriate sentence, the court shall sentence the

9 defendant to a term of imprisonment under Chapter V of the

10 Unified Code of Corrections.

11 (h) Procedure - No Jury.

12 In a proceeding before the court alone, if the court finds

13 that none of the factors found in subsection (b) exists, the

14 court shall sentence the defendant to a term of imprisonment

15 under Chapter V of the Unified Code of Corrections.

16 If the Court determines that one or more of the factors set

17 forth in subsection (b) exists, the Court shall consider any

18 aggravating and mitigating factors as indicated in subsection

19 (c). If the Court determines, after weighing the factors in

20 aggravation and mitigation, that death is the appropriate

21 sentence, the Court shall sentence the defendant to death.

22 If the court finds that death is not the appropriate

23 sentence, the court shall sentence the defendant to a term of

24 imprisonment under Chapter V of the Unified Code of

25 Corrections.

26 (h-5) Decertification as a capital case.

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1 In a case in which the defendant has been found guilty of

2 first degree murder by a judge or jury, or a case on remand for

3 resentencing, and the State seeks the death penalty as an

4 appropriate sentence, on the court's own motion or the written

5 motion of the defendant, the court may decertify the case as a

6 death penalty case if the court finds that the only evidence

7 supporting the defendant's conviction is the uncorroborated

8 testimony of an informant witness, as defined in Section

9 115-21 of the Code of Criminal Procedure of 1963, concerning

10 the confession or admission of the defendant or that the sole

11 evidence against the defendant is a single eyewitness or

12 single accomplice without any other corroborating evidence. If

13 the court decertifies the case as a capital case under either

14 of the grounds set forth above, the court shall issue a written

15 finding. The State may pursue its right to appeal the

16 decertification pursuant to Supreme Court Rule 604(a)(1). If

17 the court does not decertify the case as a capital case, the

18 matter shall proceed to the eligibility phase of the

19 sentencing hearing.

20 (i) Appellate Procedure.

21 The conviction and sentence of death shall be subject to

22 automatic review by the Supreme Court. Such review shall be in

23 accordance with rules promulgated by the Supreme Court. The

24 Illinois Supreme Court may overturn the death sentence, and

25 order the imposition of imprisonment under Chapter V of the

26 Unified Code of Corrections if the court finds that the death

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1 sentence is fundamentally unjust as applied to the particular

2 case. If the Illinois Supreme Court finds that the death

3 sentence is fundamentally unjust as applied to the particular

4 case, independent of any procedural grounds for relief, the

5 Illinois Supreme Court shall issue a written opinion

6 explaining this finding.

7 (j) Disposition of reversed death sentence.

8 In the event that the death penalty in this Act is held to

9 be unconstitutional by the Supreme Court of the United States

10 or of the State of Illinois, any person convicted of first

11 degree murder shall be sentenced by the court to a term of

12 imprisonment under Chapter V of the Unified Code of

13 Corrections.

14 In the event that any death sentence pursuant to the

15 sentencing provisions of this Section is declared

16 unconstitutional by the Supreme Court of the United States or

17 of the State of Illinois, the court having jurisdiction over a

18 person previously sentenced to death shall cause the defendant

19 to be brought before the court, and the court shall sentence

20 the defendant to a term of imprisonment under Chapter V of the

21 Unified Code of Corrections.

22 (k) Guidelines for seeking the death penalty.

23 The Attorney General and State's Attorneys Association

24 shall consult on voluntary guidelines for procedures governing

25 whether or not to seek the death penalty. The guidelines do not

26 have the force of law and are only advisory in nature.

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1 (Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;

2 100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.

3 7-1-21.)

4 Section 115. The Code of Criminal Procedure of 1963 is

5 amended by changing Sections 113-3 and 119-1 as follows:

6 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)

7 Sec. 113-3. (a) Every person charged with an offense shall

8 be allowed counsel before pleading to the charge. If the

9 defendant desires counsel and has been unable to obtain same

10 before arraignment the court shall recess court or continue

11 the cause for a reasonable time to permit defendant to obtain

12 counsel and consult with him before pleading to the charge. If

13 the accused is a dissolved corporation, and is not represented

14 by counsel, the court may, in the interest of justice, appoint

15 as counsel a licensed attorney of this State.

16 (b) In all cases, except where the penalty is a fine only,

17 if the court determines that the defendant is indigent and

18 desires counsel, the Public Defender shall be appointed as

19 counsel. If there is no Public Defender in the county or if the

20 defendant requests counsel other than the Public Defender and

21 the court finds that the rights of the defendant will be

22 prejudiced by the appointment of the Public Defender, the

23 court shall appoint as counsel a licensed attorney at law of

24 this State, except that in a county having a population of

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1 2,000,000 or more the Public Defender shall be appointed as

2 counsel in all misdemeanor cases where the defendant is

3 indigent and desires counsel unless the case involves multiple

4 defendants, in which case the court may appoint counsel other

5 than the Public Defender for the additional defendants. The

6 court shall require an affidavit signed by any defendant who

7 requests court-appointed counsel. Such affidavit shall be in

8 the form established by the Supreme Court containing

9 sufficient information to ascertain the assets and liabilities

10 of that defendant. The Court may direct the Clerk of the

11 Circuit Court to assist the defendant in the completion of the

12 affidavit. Any person who knowingly files such affidavit

13 containing false information concerning his assets and

14 liabilities shall be liable to the county where the case, in

15 which such false affidavit is filed, is pending for the

16 reasonable value of the services rendered by the public

17 defender or other court-appointed counsel in the case to the

18 extent that such services were unjustly or falsely procured.

19 (c) Upon the filing with the court of a verified statement

20 of services rendered the court shall order the county

21 treasurer of the county of trial to pay counsel other than the

22 Public Defender a reasonable fee. The court shall consider all

23 relevant circumstances, including but not limited to the time

24 spent while court is in session, other time spent in

25 representing the defendant, and expenses reasonably incurred

26 by counsel. In counties with a population greater than

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1 2,000,000, the court shall order the county treasurer of the

2 county of trial to pay counsel other than the Public Defender a

3 reasonable fee stated in the order and based upon a rate of

4 compensation of not more than $40 for each hour spent while

5 court is in session and not more than $30 for each hour

6 otherwise spent representing a defendant, and such

7 compensation shall not exceed $150 for each defendant

8 represented in misdemeanor cases and $1250 in felony cases, in

9 addition to expenses reasonably incurred as hereinafter in

10 this Section provided, except that, in extraordinary

11 circumstances, payment in excess of the limits herein stated

12 may be made if the trial court certifies that such payment is

13 necessary to provide fair compensation for protracted

14 representation. A trial court may entertain the filing of this

15 verified statement before the termination of the cause, and

16 may order the provisional payment of sums during the pendency

17 of the cause.

18 (d) In capital cases, in addition to counsel, if the court

19 determines that the defendant is indigent the court may, upon

20 the filing with the court of a verified statement of services

21 rendered, order the county Treasurer of the county of trial to

22 pay necessary expert witnesses for defendant reasonable

23 compensation stated in the order not to exceed $250 for each

24 defendant.

25 (e) If the court in any county having a population greater

26 than 2,000,000 determines that the defendant is indigent the

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1 court may, upon the filing with the court of a verified

2 statement of such expenses, order the county treasurer of the

3 county of trial, in such counties having a population greater

4 than 2,000,000 to pay the general expenses of the trial

5 incurred by the defendant not to exceed $50 for each

6 defendant.

7 (f) The provisions of this Section relating to appointment

8 of counsel, compensation of counsel, and payment of expenses

9 in capital cases apply except when the compensation and

10 expenses are being provided under the Capital Crimes

11 Litigation Act of 2023.

12 (Source: P.A. 91-589, eff. 1-1-00.)

13 (725 ILCS 5/119-1)

14 Sec. 119-1. Death penalty abolished; partially restored.

15 (a) Except as otherwise provided in this Section,

16 beginning on July 1, 2011 (the effective date of Public Act

17 96-1543) and ~~Beginning on the effective date of this~~

18 ~~amendatory Act of the 96th General Assembly,~~ notwithstanding

19 any other law to the contrary, the death penalty is abolished

20 and a sentence to death may not be imposed.

21 (a-5) Notwithstanding subsection (a), a defendant who at

22 the time of the commission of the offense has attained the age

23 of 18 or more years and who has been found guilty of first

24 degree murder under paragraph (1) of subsection (b) of Section

25 9-1 of the Criminal Code of 2012 may be sentenced to death.

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1 (b) All unobligated and unexpended moneys remaining in ~~the~~

2 ~~Capital Litigation Trust Fund on the effective date of this~~

3 ~~amendatory Act of the 96th General Assembly shall be~~

4 ~~transferred into~~ the Death Penalty Abolition Fund on the

5 effective date of this amendatory Act of the 103rd General

6 Assembly shall be transferred into the Capital Litigation

7 Trust Fund, together with any moneys the Death Penalty

8 Abolition Fund may receive thereafter ~~, a special fund in the~~

9 ~~State treasury, to be expended by the Illinois Criminal~~

10 ~~Justice Information Authority, for services for families of~~

11 ~~victims of homicide or murder and for training of law~~

12 ~~enforcement personnel~~.

13 (Source: P.A. 96-1543, eff. 7-1-11.)

14 Section 120. The State Appellate Defender Act is amended

15 by changing Section 10 as follows:

16 (725 ILCS 105/10) (from Ch. 38, par. 208-10)

17 Sec. 10. Powers and duties of State Appellate Defender.

18 (a) The State Appellate Defender shall represent indigent

19 persons on appeal in criminal and delinquent minor

20 proceedings, when appointed to do so by a court under a Supreme

21 Court Rule or law of this State.

22 (b) The State Appellate Defender shall submit a budget for

23 the approval of the State Appellate Defender Commission.

24 (c) The State Appellate Defender may:

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1 (1) maintain a panel of private attorneys available to

2 serve as counsel on a case basis;

3 (2) establish programs, alone or in conjunction with

4 law schools, for the purpose of utilizing volunteer law

5 students as legal assistants;

6 (3) cooperate and consult with state agencies,

7 professional associations, and other groups concerning the

8 causes of criminal conduct, the rehabilitation and

9 correction of persons charged with and convicted of crime,

10 the administration of criminal justice, and, in counties

11 of less than 1,000,000 population, study, design, develop

12 and implement model systems for the delivery of trial

13 level defender services, and make an annual report to the

14 General Assembly;

15 (4) hire investigators to provide investigative

16 services to appointed counsel and county public defenders;

17 (5) (blank);

18 (5.1) in cases in which a death sentence is an

19 authorized disposition, provide trial counsel with legal

20 assistance and the assistance of expert witnesses,

21 investigators, and mitigation specialists from funds

22 appropriated to the State Appellate Defender specifically

23 for that purpose by the General Assembly. The Office of

24 State Appellate Defender shall not be appointed to serve

25 as trial counsel in capital cases;

26 (5.5) provide training to county public defenders;

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1 (5.7) provide county public defenders with the

2 assistance of expert witnesses and investigators from

3 funds appropriated to the State Appellate Defender

4 specifically for that purpose by the General Assembly. The

5 Office of the State Appellate Defender shall not be

6 appointed to act as trial counsel;

7 (6) develop a Juvenile Defender Resource Center to:

8 (i) study, design, develop, and implement model systems

9 for the delivery of trial level defender services for

10 juveniles in the justice system; (ii) in cases in which a

11 sentence of incarceration or an adult sentence, or both,

12 is an authorized disposition, provide trial counsel with

13 legal advice and the assistance of expert witnesses and

14 investigators from funds appropriated to the Office of the

15 State Appellate Defender by the General Assembly

16 specifically for that purpose; (iii) develop and provide

17 training to public defenders on juvenile justice issues,

18 utilizing resources including the State and local bar

19 associations, the Illinois Public Defender Association,

20 law schools, the Midwest Juvenile Defender Center, and pro

21 bono efforts by law firms; and (iv) make an annual report

22 to the General Assembly.

23 Investigators employed by the Capital Trial Assistance

24 Unit and Capital Post Conviction Unit of the State Appellate

25 Defender shall be authorized to inquire through the Illinois

26 State Police or local law enforcement with the Law Enforcement

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1 Agencies Data System (LEADS) under Section 2605-375 of the

2 Department of State Police Law of the Civil Administrative

3 Code of Illinois to ascertain whether their potential

4 witnesses have a criminal background, including, but not

5 limited to: (i) warrants; (ii) arrests; (iii) convictions; and

6 (iv) officer safety information. This authorization applies

7 only to information held on the State level and shall be used

8 only to protect the personal safety of the investigators. Any

9 information that is obtained through this inquiry may not be

10 disclosed by the investigators.

11 (c-5) For each State fiscal year, the State Appellate

12 Defender shall request a direct appropriation from the Capital

13 Litigation Trust Fund for expenses incurred by the State

14 Appellate Defender in providing assistance to trial attorneys

15 under paragraph (5.1) of subsection (c) of this Section and

16 for expenses incurred by the State Appellate Defender in

17 representing petitioners in capital cases in post-conviction

18 proceedings under Article 122 of the Code of Criminal

19 Procedure of 1963 and in relation to petitions filed under

20 Section 2-1401 of the Code of Civil Procedure in relation to

21 capital cases and for the representation of those petitioners

22 by attorneys approved by or contracted with the State

23 Appellate Defender and an appropriation to the State Treasurer

24 for payments from the Trust Fund for the defense of cases in

25 counties other than Cook County. The State Appellate Defender

26 may appear before the General Assembly at other times during

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1 the State's fiscal year to request supplemental appropriations

2 from the Trust Fund to the State Treasurer.

3 (d) (Blank).

4 (e) The requirement for reporting to the General Assembly

5 shall be satisfied by filing copies of the report as required

6 by Section 3.1 of the General Assembly Organization Act and

7 filing such additional copies with the State Government Report

8 Distribution Center for the General Assembly as is required

9 under paragraph (t) of Section 7 of the State Library Act.

10 (Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)