Bill Text: IL SB2145 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2023. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund which is re-established as a special fund in the State treasury. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence 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 State Finance Act to make conforming changes. Effective January 1, 2024.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-10 - Referred to Assignments [SB2145 Detail]
Download: Illinois-2023-SB2145-Introduced.html
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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 2023.
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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 | |||||||||||||||||||||||||||||||
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.
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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 | ||||||
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
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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
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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 | ||||||
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.
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11 | Section 15. Capital Litigation Trust Fund.
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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 | State's Attorneys Appellate Prosecutor, and the Attorney | ||||||
22 | General shall make annual requests for appropriations from the | ||||||
23 | Trust Fund. | ||||||
24 | (1) The Public Defender in Cook County shall request
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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
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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 State's Attorneys Appellate Prosecutor shall
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21 | request a direct appropriation from the Trust Fund to pay | ||||||
22 | expenses incurred by the State's Attorneys Appellate | ||||||
23 | Prosecutor and an appropriation to the State Treasurer for | ||||||
24 | payments from the Trust Fund for expenses incurred by | ||||||
25 | State's Attorneys in counties other than Cook County. | ||||||
26 | (5) The Attorney General shall request a direct
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1 | appropriation from the Trust Fund to pay expenses incurred | ||||||
2 | by the Attorney General in assisting the State's Attorneys | ||||||
3 | in counties other than Cook County and to pay for expenses | ||||||
4 | incurred by the Attorney General when the Attorney General | ||||||
5 | is ordered by the presiding judge of the Criminal Division | ||||||
6 | of the Circuit Court of Cook County to prosecute or | ||||||
7 | supervise the prosecution of Cook County cases and for | ||||||
8 | expenses incurred by the Attorney General in representing | ||||||
9 | the State in post-conviction proceedings in capital cases | ||||||
10 | under Article 122 of the Code of Criminal Procedure of | ||||||
11 | 1963 and in relation to petitions filed under Section | ||||||
12 | 2-1401 of the Code of Civil Procedure in relation to | ||||||
13 | capital cases.
The Public Defender and State's Attorney in | ||||||
14 | Cook County, the State Appellate Defender, the State's | ||||||
15 | Attorneys Appellate Prosecutor, and the Attorney General | ||||||
16 | may each request supplemental appropriations from the | ||||||
17 | Trust Fund during the fiscal year. | ||||||
18 | (e) Moneys in the Trust Fund shall be expended only as | ||||||
19 | follows: | ||||||
20 | (1) To pay the State Treasurer's costs to administer
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21 | the Trust Fund. The amount for this purpose may not exceed | ||||||
22 | 5% in any one fiscal year of the amount otherwise | ||||||
23 | appropriated from the Trust Fund in the same fiscal year.
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24 | (2) To pay the capital litigation expenses of trial
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25 | defense and post-conviction proceedings in capital cases | ||||||
26 | under Article 122 of the Code of Criminal Procedure of |
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1 | 1963 and in relation to petitions filed under Section | ||||||
2 | 2-1401 of the Code of Civil Procedure in relation to | ||||||
3 | capital cases including, but not limited to, DNA testing, | ||||||
4 | including DNA testing under Section 116-3 of the Code of | ||||||
5 | Criminal Procedure of 1963, analysis, and expert | ||||||
6 | testimony, investigatory and other assistance, expert, | ||||||
7 | forensic, and other witnesses, and mitigation specialists, | ||||||
8 | and grants and aid provided to public defenders, appellate | ||||||
9 | defenders, and any attorney approved by or contracted with | ||||||
10 | the State Appellate Defender representing petitioners in | ||||||
11 | post-conviction proceedings in capital cases under Article | ||||||
12 | 122 of the Code of Criminal Procedure of 1963 and in | ||||||
13 | relation to petitions filed under Section 2-1401 of the | ||||||
14 | Code of Civil Procedure in relation to capital cases or | ||||||
15 | assistance to attorneys who have been appointed by the | ||||||
16 | court to represent defendants who are charged with capital | ||||||
17 | crimes. Reasonable and necessary capital litigation | ||||||
18 | expenses include travel and per diem (lodging, meals, and | ||||||
19 | incidental expenses). | ||||||
20 | (3) To pay the compensation of trial attorneys,
other | ||||||
21 | than public defenders or appellate defenders, who have | ||||||
22 | been appointed by the court to represent defendants who | ||||||
23 | are charged with capital crimes or attorneys approved by | ||||||
24 | or contracted with the State Appellate Defender to | ||||||
25 | represent petitioners in post-conviction proceedings in | ||||||
26 | capital cases under Article 122 of the Code of Criminal |
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1 | Procedure of 1963 and in relation to petitions filed under | ||||||
2 | Section 2-1401 of the Code of Civil Procedure in relation | ||||||
3 | to capital cases. | ||||||
4 | (4) To provide State's Attorneys with funding for
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5 | capital litigation expenses and for expenses of | ||||||
6 | representing the State in post-conviction proceedings in | ||||||
7 | capital cases under Article 122 of the Code of Criminal | ||||||
8 | Procedure of 1963 and in relation to petitions filed under | ||||||
9 | Section 2-1401 of the Code of Civil Procedure in relation | ||||||
10 | to capital cases including, but not limited to, | ||||||
11 | investigatory and other assistance and expert, forensic, | ||||||
12 | and other witnesses necessary to prosecute capital cases. | ||||||
13 | State's Attorneys in any county other than Cook County | ||||||
14 | seeking funding for capital litigation expenses and for | ||||||
15 | expenses of representing the State in post-conviction | ||||||
16 | proceedings in capital cases under Article 122 of the Code | ||||||
17 | of Criminal Procedure of 1963 and in relation to petitions | ||||||
18 | filed under Section 2-1401 of the Code of Civil Procedure | ||||||
19 | in relation to capital cases including, but not limited | ||||||
20 | to, investigatory and other assistance and expert, | ||||||
21 | forensic, or other witnesses under this Section may | ||||||
22 | request that the State's Attorneys Appellate Prosecutor or | ||||||
23 | the Attorney General, as the case may be, certify the | ||||||
24 | expenses as reasonable, necessary, and appropriate for | ||||||
25 | payment from the Trust Fund, on a form created by the State | ||||||
26 | Treasurer. Upon certification of the expenses and delivery |
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1 | of the certification to the State Treasurer, the Treasurer | ||||||
2 | shall pay the expenses directly from the Capital | ||||||
3 | Litigation Trust Fund if there are sufficient moneys in | ||||||
4 | the Trust Fund to pay the expenses. | ||||||
5 | (5) To provide financial support through the
Attorney | ||||||
6 | General under the Attorney General Act for the several | ||||||
7 | county State's Attorneys outside of Cook County, but shall | ||||||
8 | not be used to increase personnel for the Attorney | ||||||
9 | General's Office, except when the Attorney General is | ||||||
10 | ordered by the presiding judge of the Criminal Division of | ||||||
11 | the Circuit Court of Cook County to prosecute or supervise | ||||||
12 | the prosecution of Cook County cases. | ||||||
13 | (6) To provide financial support through the State's
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14 | Attorneys Appellate Prosecutor under the State's Attorneys | ||||||
15 | Appellate Prosecutor's Act for the several county State's | ||||||
16 | Attorneys outside of Cook County, but shall not be used to | ||||||
17 | increase personnel for the State's Attorneys Appellate | ||||||
18 | Prosecutor. | ||||||
19 | (7) To provide financial support to the State
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20 | Appellate Defender under the State Appellate Defender Act.
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21 | Moneys expended from the Trust Fund shall be in addition | ||||||
22 | to county funding for Public Defenders and State's | ||||||
23 | Attorneys, and shall not be used to supplant or reduce | ||||||
24 | ordinary and customary county funding. | ||||||
25 | (f) Moneys in the Trust Fund shall be appropriated to the | ||||||
26 | State Appellate Defender, the State's Attorneys Appellate |
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1 | Prosecutor, the Attorney General, and the State Treasurer. The | ||||||
2 | State Appellate Defender shall receive an appropriation from | ||||||
3 | the Trust Fund to enable it to provide assistance to appointed | ||||||
4 | defense counsel and attorneys approved by or contracted with | ||||||
5 | the State Appellate Defender to represent petitioners in | ||||||
6 | post-conviction proceedings in capital cases under Article 122 | ||||||
7 | of the Code of Criminal Procedure of 1963 and in relation to | ||||||
8 | petitions filed under Section 2-1401 of the Code of Civil | ||||||
9 | Procedure in relation to capital cases throughout the State | ||||||
10 | and to Public Defenders in counties other than Cook. The | ||||||
11 | State's Attorneys Appellate Prosecutor and the Attorney | ||||||
12 | General shall receive appropriations from the Trust Fund to | ||||||
13 | enable them to provide assistance to State's Attorneys in | ||||||
14 | counties other than Cook County and when the Attorney General | ||||||
15 | is ordered by the presiding judge of the Criminal Division of | ||||||
16 | the Circuit Court of Cook County to prosecute or supervise the | ||||||
17 | prosecution of Cook County cases. Moneys shall be appropriated | ||||||
18 | to the State Treasurer to enable the Treasurer: (i) to make | ||||||
19 | grants to Cook County; (ii) to pay the expenses of Public | ||||||
20 | Defenders, the State Appellate Defender, the Attorney General, | ||||||
21 | the Office of the State's Attorneys Appellate Prosecutor, and | ||||||
22 | State's Attorneys in counties other than Cook County; (iii) to | ||||||
23 | pay the expenses and compensation of appointed defense counsel | ||||||
24 | and attorneys approved by or contracted with the State | ||||||
25 | Appellate Defender to represent petitioners in post-conviction | ||||||
26 | proceedings in capital cases under Article 122 of the Code of |
| |||||||
| |||||||
1 | Criminal Procedure of 1963 and in relation to petitions filed | ||||||
2 | under Section 2-1401 of the Code of Civil Procedure in | ||||||
3 | relation to capital cases in counties other than Cook County; | ||||||
4 | and (iv) to pay the costs of administering the Trust Fund. All | ||||||
5 | expenditures and grants made from the Trust Fund shall be | ||||||
6 | subject to audit by the Auditor General. | ||||||
7 | (g) For Cook County, grants from the Trust Fund shall be | ||||||
8 | made and administered as follows: | ||||||
9 | (1) For each State fiscal year, the State's Attorney
| ||||||
10 | and Public Defender must each make a separate application | ||||||
11 | to the State Treasurer for capital litigation grants. | ||||||
12 | (2) The State Treasurer shall establish rules and
| ||||||
13 | procedures for grant applications. The rules shall require | ||||||
14 | the Cook County Treasurer as the grant recipient to report | ||||||
15 | on a periodic basis to the State Treasurer how much of the | ||||||
16 | grant has been expended, how much of the grant is | ||||||
17 | remaining, and the purposes for which the grant has been | ||||||
18 | used. The rules may also require the Cook County Treasurer | ||||||
19 | to certify on a periodic basis that expenditures of the | ||||||
20 | funds have been made for expenses that are reasonable, | ||||||
21 | necessary, and appropriate for payment from the Trust | ||||||
22 | Fund. | ||||||
23 | (3) The State Treasurer shall make the grants to the
| ||||||
24 | Cook County Treasurer as soon as possible after the | ||||||
25 | beginning of the State fiscal year. | ||||||
26 | (4) The State's Attorney or Public Defender may
apply |
| |||||||
| |||||||
1 | for supplemental grants during the fiscal year. | ||||||
2 | (5) Grant moneys shall be paid to the Cook County
| ||||||
3 | Treasurer in block grants and held in separate accounts | ||||||
4 | for the State's Attorney, the Public Defender, and court | ||||||
5 | appointed defense counsel other than the Cook County | ||||||
6 | Public Defender, respectively, for the designated fiscal | ||||||
7 | year, and are not subject to county appropriation. | ||||||
8 | (6) Expenditure of grant moneys under this
subsection | ||||||
9 | (g) is subject to audit by the Auditor General. | ||||||
10 | (7) The Cook County Treasurer shall immediately make
| ||||||
11 | payment from the appropriate separate account in the | ||||||
12 | county treasury for capital litigation expenses to the | ||||||
13 | State's Attorney, Public Defender, or court appointed | ||||||
14 | defense counsel other than the Public Defender, as the | ||||||
15 | case may be, upon order of the State's Attorney, Public | ||||||
16 | Defender or the court, respectively. | ||||||
17 | (h) If a defendant in a capital case in Cook County is | ||||||
18 | represented by court appointed counsel other than the Cook | ||||||
19 | County Public Defender, the appointed counsel shall petition | ||||||
20 | the court for an order directing the Cook County Treasurer to | ||||||
21 | pay the court appointed counsel's reasonable and necessary | ||||||
22 | compensation and capital litigation expenses from grant moneys | ||||||
23 | provided from the Trust Fund. The petitions shall be supported | ||||||
24 | by itemized bills showing the date, the amount of time spent, | ||||||
25 | the work done and the total being charged for each entry. The | ||||||
26 | court shall not authorize payment of bills that are not |
| |||||||
| |||||||
1 | properly itemized. The petitions shall be filed under seal and | ||||||
2 | considered ex parte but with a court reporter present for all | ||||||
3 | ex parte conferences. The petitions shall be reviewed by both | ||||||
4 | the trial judge and the presiding judge of the circuit court or | ||||||
5 | the presiding judge's designee. The petitions and orders shall | ||||||
6 | be kept under seal and shall be exempt from Freedom of | ||||||
7 | Information requests until the conclusion of the trial and | ||||||
8 | appeal of the case, even if the prosecution chooses not to | ||||||
9 | pursue the death penalty prior to trial or sentencing. Orders | ||||||
10 | denying petitions for compensation or expenses are final. | ||||||
11 | Counsel may not petition for expenses that may have been | ||||||
12 | provided or compensated by the State Appellate Defender under | ||||||
13 | item (c)(5.1) of Section 10 of the State Appellate Defender | ||||||
14 | Act. | ||||||
15 | (i) In counties other than Cook County, and when the | ||||||
16 | Attorney General is ordered by the presiding judge of the | ||||||
17 | Criminal Division of the Circuit Court of Cook County to | ||||||
18 | prosecute or supervise the prosecution of Cook County cases, | ||||||
19 | and excluding capital litigation expenses or services that may | ||||||
20 | have been provided by the State Appellate Defender under item | ||||||
21 | (c)(5.1) of Section 10 of the State Appellate Defender Act: | ||||||
22 | (1) Upon certification by the circuit court, on a
form | ||||||
23 | created by the State Treasurer, that all or a portion of | ||||||
24 | the expenses are reasonable, necessary, and appropriate | ||||||
25 | for payment from the Trust Fund and the court's delivery | ||||||
26 | of the certification to the Treasurer, the Treasurer shall |
| |||||||
| |||||||
1 | pay the certified expenses of Public Defenders and the | ||||||
2 | State Appellate Defender from the money appropriated to | ||||||
3 | the Treasurer for capital litigation expenses of Public | ||||||
4 | Defenders and post-conviction proceeding expenses in | ||||||
5 | capital cases of the State Appellate Defender and expenses | ||||||
6 | in relation to petitions filed under Section 2-1401 of the | ||||||
7 | Code of Civil Procedure in relation to capital cases in | ||||||
8 | any county other than Cook County, if there are sufficient | ||||||
9 | moneys in the Trust Fund to pay the expenses. | ||||||
10 | (2) If a defendant in a capital case is represented
by | ||||||
11 | court appointed counsel other than the Public Defender, | ||||||
12 | the appointed counsel shall petition the court to certify | ||||||
13 | compensation and capital litigation expenses including, | ||||||
14 | but not limited to, investigatory and other assistance, | ||||||
15 | expert, forensic, and other witnesses, and mitigation | ||||||
16 | specialists as reasonable, necessary, and appropriate for | ||||||
17 | payment from the Trust Fund. If a petitioner in a capital | ||||||
18 | case who has filed a petition for post-conviction relief | ||||||
19 | under Article 122 of the Code of Criminal Procedure of | ||||||
20 | 1963 or a petition under Section 2-1401 of the Code of | ||||||
21 | Civil Procedure in relation to capital cases is | ||||||
22 | represented by an attorney approved by or contracted with | ||||||
23 | the State Appellate Defender other than the State | ||||||
24 | Appellate Defender, that attorney shall petition the court | ||||||
25 | to certify compensation and litigation expenses of | ||||||
26 | post-conviction proceedings under Article 122 of the Code |
| |||||||
| |||||||
1 | of Criminal Procedure of 1963 or in relation to petitions | ||||||
2 | filed under Section 2-1401 of the Code of Civil Procedure | ||||||
3 | in relation to capital cases. Upon certification on a form | ||||||
4 | created by the State Treasurer of all or a portion of the | ||||||
5 | compensation and expenses certified as reasonable, | ||||||
6 | necessary, and appropriate for payment from the Trust Fund | ||||||
7 | and the court's delivery of the certification to the | ||||||
8 | Treasurer, the State Treasurer shall pay the certified | ||||||
9 | compensation and expenses from the money appropriated to | ||||||
10 | the Treasurer for that purpose, if there are sufficient | ||||||
11 | moneys in the Trust Fund to make those payments. | ||||||
12 | (3) A petition for capital litigation expenses or
| ||||||
13 | post-conviction proceeding expenses or expenses incurred | ||||||
14 | in filing a petition under Section 2-1401 of the Code of | ||||||
15 | Civil Procedure in relation to capital cases under this | ||||||
16 | subsection shall be considered under seal and reviewed ex | ||||||
17 | parte with a court reporter present. Orders denying | ||||||
18 | petitions for compensation or expenses are final. | ||||||
19 | (j) If the Trust Fund is discontinued or dissolved by an | ||||||
20 | Act of the General Assembly or by operation of law, any balance | ||||||
21 | remaining in the Trust Fund shall be returned to the General | ||||||
22 | Revenue Fund after deduction of administrative costs, any | ||||||
23 | other provision of this Act to the contrary notwithstanding.
| ||||||
24 | Section 95. The Freedom of Information Act is amended by | ||||||
25 | changing Section 7.5 as follows:
|
| |||||||
| |||||||
1 | (5 ILCS 140/7.5)
| ||||||
2 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
3 | by the statutes referenced below, the following shall be | ||||||
4 | exempt from inspection and copying: | ||||||
5 | (a) All information determined to be confidential | ||||||
6 | under Section 4002 of the Technology Advancement and | ||||||
7 | Development Act. | ||||||
8 | (b) Library circulation and order records identifying | ||||||
9 | library users with specific materials under the Library | ||||||
10 | Records Confidentiality Act. | ||||||
11 | (c) Applications, related documents, and medical | ||||||
12 | records received by the Experimental Organ Transplantation | ||||||
13 | Procedures Board and any and all documents or other | ||||||
14 | records prepared by the Experimental Organ Transplantation | ||||||
15 | Procedures Board or its staff relating to applications it | ||||||
16 | has received. | ||||||
17 | (d) Information and records held by the Department of | ||||||
18 | Public Health and its authorized representatives relating | ||||||
19 | to known or suspected cases of sexually transmissible | ||||||
20 | disease or any information the disclosure of which is | ||||||
21 | restricted under the Illinois Sexually Transmissible | ||||||
22 | Disease Control Act. | ||||||
23 | (e) Information the disclosure of which is exempted | ||||||
24 | under Section 30 of the Radon Industry Licensing Act. | ||||||
25 | (f) Firm performance evaluations under Section 55 of |
| |||||||
| |||||||
1 | the Architectural, Engineering, and Land Surveying | ||||||
2 | Qualifications Based Selection Act. | ||||||
3 | (g) Information the disclosure of which is restricted | ||||||
4 | and exempted under Section 50 of the Illinois Prepaid | ||||||
5 | Tuition Act. | ||||||
6 | (h) Information the disclosure of which is exempted | ||||||
7 | under the State Officials and Employees Ethics Act, and | ||||||
8 | records of any lawfully created State or local inspector | ||||||
9 | general's office that would be exempt if created or | ||||||
10 | obtained by an Executive Inspector General's office under | ||||||
11 | that Act. | ||||||
12 | (i) Information contained in a local emergency energy | ||||||
13 | plan submitted to a municipality in accordance with a | ||||||
14 | local emergency energy plan ordinance that is adopted | ||||||
15 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
16 | (j) Information and data concerning the distribution | ||||||
17 | of surcharge moneys collected and remitted by carriers | ||||||
18 | under the Emergency Telephone System Act. | ||||||
19 | (k) Law enforcement officer identification information | ||||||
20 | or driver identification information compiled by a law | ||||||
21 | enforcement agency or the Department of Transportation | ||||||
22 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
23 | (l) Records and information provided to a residential | ||||||
24 | health care facility resident sexual assault and death | ||||||
25 | review team or the Executive Council under the Abuse | ||||||
26 | Prevention Review Team Act. |
| |||||||
| |||||||
1 | (m) Information provided to the predatory lending | ||||||
2 | database created pursuant to Article 3 of the Residential | ||||||
3 | Real Property Disclosure Act, except to the extent | ||||||
4 | authorized under that Article. | ||||||
5 | (n) Defense budgets and petitions for certification of | ||||||
6 | compensation and expenses for court appointed trial | ||||||
7 | counsel as provided under Sections 10 and 15 of the | ||||||
8 | Capital Crimes Litigation Act of 2023 . This subsection (n) | ||||||
9 | shall apply until the conclusion of the trial of the case, | ||||||
10 | even if the prosecution chooses not to pursue the death | ||||||
11 | penalty prior to trial or sentencing. | ||||||
12 | (o) Information that is prohibited from being | ||||||
13 | disclosed under Section 4 of the Illinois Health and | ||||||
14 | Hazardous Substances Registry Act. | ||||||
15 | (p) Security portions of system safety program plans, | ||||||
16 | investigation reports, surveys, schedules, lists, data, or | ||||||
17 | information compiled, collected, or prepared by or for the | ||||||
18 | Department of Transportation under Sections 2705-300 and | ||||||
19 | 2705-616 of the Department of Transportation Law of the | ||||||
20 | Civil Administrative Code of Illinois, the Regional | ||||||
21 | Transportation Authority under Section 2.11 of the | ||||||
22 | Regional Transportation Authority Act, or the St. Clair | ||||||
23 | County Transit District under the Bi-State Transit Safety | ||||||
24 | Act. | ||||||
25 | (q) Information prohibited from being disclosed by the | ||||||
26 | Personnel Record Review Act. |
| |||||||
| |||||||
1 | (r) Information prohibited from being disclosed by the | ||||||
2 | Illinois School Student Records Act. | ||||||
3 | (s) Information the disclosure of which is restricted | ||||||
4 | under Section 5-108 of the Public Utilities Act.
| ||||||
5 | (t) All identified or deidentified health information | ||||||
6 | in the form of health data or medical records contained | ||||||
7 | in, stored in, submitted to, transferred by, or released | ||||||
8 | from the Illinois Health Information Exchange, and | ||||||
9 | identified or deidentified health information in the form | ||||||
10 | of health data and medical records of the Illinois Health | ||||||
11 | Information Exchange in the possession of the Illinois | ||||||
12 | Health Information Exchange Office due to its | ||||||
13 | administration of the Illinois Health Information | ||||||
14 | Exchange. The terms "identified" and "deidentified" shall | ||||||
15 | be given the same meaning as in the Health Insurance | ||||||
16 | Portability and Accountability Act of 1996, Public Law | ||||||
17 | 104-191, or any subsequent amendments thereto, and any | ||||||
18 | regulations promulgated thereunder. | ||||||
19 | (u) Records and information provided to an independent | ||||||
20 | team of experts under the Developmental Disability and | ||||||
21 | Mental Health Safety Act (also known as Brian's Law). | ||||||
22 | (v) Names and information of people who have applied | ||||||
23 | for or received Firearm Owner's Identification Cards under | ||||||
24 | the Firearm Owners Identification Card Act or applied for | ||||||
25 | or received a concealed carry license under the Firearm | ||||||
26 | Concealed Carry Act, unless otherwise authorized by the |
| |||||||
| |||||||
1 | Firearm Concealed Carry Act; and databases under the | ||||||
2 | Firearm Concealed Carry Act, records of the Concealed | ||||||
3 | Carry Licensing Review Board under the Firearm Concealed | ||||||
4 | Carry Act, and law enforcement agency objections under the | ||||||
5 | Firearm Concealed Carry Act. | ||||||
6 | (v-5) Records of the Firearm Owner's Identification | ||||||
7 | Card Review Board that are exempted from disclosure under | ||||||
8 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
9 | (w) Personally identifiable information which is | ||||||
10 | exempted from disclosure under subsection (g) of Section | ||||||
11 | 19.1 of the Toll Highway Act. | ||||||
12 | (x) Information which is exempted from disclosure | ||||||
13 | under Section 5-1014.3 of the Counties Code or Section | ||||||
14 | 8-11-21 of the Illinois Municipal Code. | ||||||
15 | (y) Confidential information under the Adult | ||||||
16 | Protective Services Act and its predecessor enabling | ||||||
17 | statute, the Elder Abuse and Neglect Act, including | ||||||
18 | information about the identity and administrative finding | ||||||
19 | against any caregiver of a verified and substantiated | ||||||
20 | decision of abuse, neglect, or financial exploitation of | ||||||
21 | an eligible adult maintained in the Registry established | ||||||
22 | under Section 7.5 of the Adult Protective Services Act. | ||||||
23 | (z) Records and information provided to a fatality | ||||||
24 | review team or the Illinois Fatality Review Team Advisory | ||||||
25 | Council under Section 15 of the Adult Protective Services | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (aa) Information which is exempted from disclosure | ||||||
2 | under Section 2.37 of the Wildlife Code. | ||||||
3 | (bb) Information which is or was prohibited from | ||||||
4 | disclosure by the Juvenile Court Act of 1987. | ||||||
5 | (cc) Recordings made under the Law Enforcement | ||||||
6 | Officer-Worn Body Camera Act, except to the extent | ||||||
7 | authorized under that Act. | ||||||
8 | (dd) Information that is prohibited from being | ||||||
9 | disclosed under Section 45 of the Condominium and Common | ||||||
10 | Interest Community Ombudsperson Act. | ||||||
11 | (ee) Information that is exempted from disclosure | ||||||
12 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
13 | (ff) Information that is exempted from disclosure | ||||||
14 | under the Revised Uniform Unclaimed Property Act. | ||||||
15 | (gg) Information that is prohibited from being | ||||||
16 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
17 | Code. | ||||||
18 | (hh) Records that are exempt from disclosure under | ||||||
19 | Section 1A-16.7 of the Election Code. | ||||||
20 | (ii) Information which is exempted from disclosure | ||||||
21 | under Section 2505-800 of the Department of Revenue Law of | ||||||
22 | the Civil Administrative Code of Illinois. | ||||||
23 | (jj) Information and reports that are required to be | ||||||
24 | submitted to the Department of Labor by registering day | ||||||
25 | and temporary labor service agencies but are exempt from | ||||||
26 | disclosure under subsection (a-1) of Section 45 of the Day |
| |||||||
| |||||||
1 | and Temporary Labor Services Act. | ||||||
2 | (kk) Information prohibited from disclosure under the | ||||||
3 | Seizure and Forfeiture Reporting Act. | ||||||
4 | (ll) Information the disclosure of which is restricted | ||||||
5 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
6 | Aid Code. | ||||||
7 | (mm) Records that are exempt from disclosure under | ||||||
8 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
9 | (nn) Information that is exempt from disclosure under | ||||||
10 | Section 70 of the Higher Education Student Assistance Act. | ||||||
11 | (oo) Communications, notes, records, and reports | ||||||
12 | arising out of a peer support counseling session | ||||||
13 | prohibited from disclosure under the First Responders | ||||||
14 | Suicide Prevention Act. | ||||||
15 | (pp) Names and all identifying information relating to | ||||||
16 | an employee of an emergency services provider or law | ||||||
17 | enforcement agency under the First Responders Suicide | ||||||
18 | Prevention Act. | ||||||
19 | (qq) Information and records held by the Department of | ||||||
20 | Public Health and its authorized representatives collected | ||||||
21 | under the Reproductive Health Act. | ||||||
22 | (rr) Information that is exempt from disclosure under | ||||||
23 | the Cannabis Regulation and Tax Act. | ||||||
24 | (ss) Data reported by an employer to the Department of | ||||||
25 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
26 | Human Rights Act. |
| |||||||
| |||||||
1 | (tt) Recordings made under the Children's Advocacy | ||||||
2 | Center Act, except to the extent authorized under that | ||||||
3 | Act. | ||||||
4 | (uu) Information that is exempt from disclosure under | ||||||
5 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
6 | (vv) Information that is exempt from disclosure under | ||||||
7 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
8 | Public Aid Code. | ||||||
9 | (ww) Information that is exempt from disclosure under | ||||||
10 | Section 16.8 of the State Treasurer Act. | ||||||
11 | (xx) Information that is exempt from disclosure or | ||||||
12 | information that shall not be made public under the | ||||||
13 | Illinois Insurance Code. | ||||||
14 | (yy) Information prohibited from being disclosed under | ||||||
15 | the Illinois Educational Labor Relations Act. | ||||||
16 | (zz) Information prohibited from being disclosed under | ||||||
17 | the Illinois Public Labor Relations Act. | ||||||
18 | (aaa) Information prohibited from being disclosed | ||||||
19 | under Section 1-167 of the Illinois Pension Code. | ||||||
20 | (bbb) Information that is prohibited from disclosure | ||||||
21 | by the Illinois Police Training Act and the Illinois State | ||||||
22 | Police Act. | ||||||
23 | (ccc) Records exempt from disclosure under Section
| ||||||
24 | 2605-304 of the Illinois State Police Law of the Civil
| ||||||
25 | Administrative Code of Illinois. | ||||||
26 | (ddd) Information prohibited from being disclosed |
| |||||||
| |||||||
1 | under Section 35 of the Address Confidentiality for | ||||||
2 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
3 | Trafficking, or Stalking Act. | ||||||
4 | (eee) Information prohibited from being disclosed | ||||||
5 | under subsection (b) of Section 75 of the Domestic | ||||||
6 | Violence Fatality Review Act. | ||||||
7 | (fff) Images from cameras under the Expressway Camera | ||||||
8 | Act. This subsection (fff) is inoperative on and after | ||||||
9 | July 1, 2023. | ||||||
10 | (ggg) Information prohibited from disclosure under | ||||||
11 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
12 | Agency Licensing Act. | ||||||
13 | (hhh) Information submitted to the Department of State | ||||||
14 | Police in an affidavit or application for an assault | ||||||
15 | weapon endorsement, assault weapon attachment endorsement, | ||||||
16 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
17 | endorsement under the Firearm Owners Identification Card | ||||||
18 | Act. | ||||||
19 | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | ||||||
20 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
21 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
22 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
23 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
24 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
25 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
26 | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. |
| |||||||
| |||||||
1 | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
| ||||||
2 | Section 100. The State Finance Act is amended by adding | ||||||
3 | Section 5.990 as follows:
| ||||||
4 | (30 ILCS 105/5.990 new) | ||||||
5 | Sec. 5.990. The Capital Litigation Trust Fund.
| ||||||
6 | Section 105. The Criminal Code of 2012 is amended by | ||||||
7 | changing Section 9-1 as follows:
| ||||||
8 | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||||
9 | Sec. 9-1. First degree murder; death penalties; | ||||||
10 | exceptions; separate
hearings; proof; findings; appellate | ||||||
11 | procedures; reversals.
| ||||||
12 | (a) A person who kills an individual without lawful | ||||||
13 | justification commits
first degree murder if, in performing | ||||||
14 | the acts which cause the death:
| ||||||
15 | (1) he or she either intends to kill or do great bodily | ||||||
16 | harm to that
individual or another, or knows that such | ||||||
17 | acts will cause death to that
individual or another; or
| ||||||
18 | (2) he or she knows that such acts create a strong | ||||||
19 | probability of death or
great bodily harm to that | ||||||
20 | individual or another; or
| ||||||
21 | (3) he or she, acting alone or with one or more | ||||||
22 | participants, commits or attempts to commit a forcible |
| |||||||
| |||||||
1 | felony other than second degree murder, and in the course | ||||||
2 | of or in furtherance of such crime or flight therefrom, he | ||||||
3 | or she or another participant causes the death of a | ||||||
4 | person.
| ||||||
5 | (b) Aggravating Factors. A defendant who at the time of | ||||||
6 | the
commission of the offense has attained the age of 18 or | ||||||
7 | more and who has
been found guilty of first degree murder may | ||||||
8 | be sentenced to death if:
| ||||||
9 | (1) the murdered individual was a peace officer , | ||||||
10 | employee of an institution or facility of the Department | ||||||
11 | of Corrections or any similar local correctional agency, | ||||||
12 | or fireman killed in
the course of performing his official | ||||||
13 | duties, to prevent the performance
of his or her official | ||||||
14 | duties, or in retaliation for performing his or her | ||||||
15 | official
duties, and the defendant knew or
should have | ||||||
16 | known that the murdered individual was so employed a peace | ||||||
17 | officer or
fireman ; or
| ||||||
18 | (2) (blank); or the murdered individual was an | ||||||
19 | employee of an institution or
facility of the Department | ||||||
20 | of Corrections, or any similar local
correctional agency, | ||||||
21 | killed in the course of performing his or her official
| ||||||
22 | duties, to prevent the performance of his or her official | ||||||
23 | duties, or in
retaliation for performing his or her | ||||||
24 | official duties, or the murdered
individual was an inmate | ||||||
25 | at such institution or facility and was killed on the
| ||||||
26 | grounds thereof, or the murdered individual was otherwise |
| |||||||
| |||||||
1 | present in such
institution or facility with the knowledge | ||||||
2 | and approval of the chief
administrative officer thereof; | ||||||
3 | or
| ||||||
4 | (3) the defendant has been convicted of murdering two | ||||||
5 | or more
individuals under subsection (a) of this Section | ||||||
6 | or under any law of the
United States or of any state which | ||||||
7 | is substantially similar to
subsection (a) of this Section | ||||||
8 | regardless of whether the deaths
occurred as the result of | ||||||
9 | the same act or of several related or
unrelated acts so | ||||||
10 | long as the deaths were the result of either an intent
to | ||||||
11 | kill more than one person or of separate acts which
the | ||||||
12 | defendant knew would cause death or create a strong | ||||||
13 | probability of
death or great bodily harm to the murdered | ||||||
14 | individual or another; or
| ||||||
15 | (4) (blank); or the murdered individual was killed as | ||||||
16 | a result of the
hijacking of an airplane, train, ship, | ||||||
17 | bus, or other public conveyance; or
| ||||||
18 | (5) (blank); or the defendant committed the murder | ||||||
19 | pursuant to a contract,
agreement, or understanding by | ||||||
20 | which he or she was to receive money or anything
of value | ||||||
21 | in return for committing the murder or procured another to
| ||||||
22 | commit the murder for money or anything of value; or
| ||||||
23 | (6) (blank); or the murdered individual was killed in | ||||||
24 | the course of another felony if:
| ||||||
25 | (a) the murdered individual:
| ||||||
26 | (i) was actually killed by the defendant, or
|
| |||||||
| |||||||
1 | (ii) received physical injuries personally | ||||||
2 | inflicted by the defendant
substantially | ||||||
3 | contemporaneously with physical injuries caused by | ||||||
4 | one or
more persons for whose conduct the | ||||||
5 | defendant is legally accountable under
Section 5-2 | ||||||
6 | of this Code, and the physical injuries inflicted | ||||||
7 | by either
the defendant or the other person or | ||||||
8 | persons for whose conduct he is legally
| ||||||
9 | accountable caused the death of the murdered | ||||||
10 | individual; and
| ||||||
11 | (b) in performing the acts which caused the death | ||||||
12 | of the murdered
individual or which resulted in | ||||||
13 | physical injuries personally inflicted by
the | ||||||
14 | defendant on the murdered individual under the | ||||||
15 | circumstances of
subdivision (ii) of subparagraph (a) | ||||||
16 | of paragraph (6) of subsection (b) of
this Section, | ||||||
17 | the defendant acted with the intent to kill the | ||||||
18 | murdered
individual or with the knowledge that his | ||||||
19 | acts created a strong probability
of death or great | ||||||
20 | bodily harm to the murdered individual or another; and
| ||||||
21 | (c) the other felony was an inherently violent | ||||||
22 | crime
or the attempt to commit an inherently
violent | ||||||
23 | crime.
In this subparagraph (c), "inherently violent | ||||||
24 | crime" includes, but is not
limited to, armed robbery, | ||||||
25 | robbery, predatory criminal sexual assault of a
child,
| ||||||
26 | aggravated criminal sexual assault, aggravated |
| |||||||
| |||||||
1 | kidnapping, aggravated vehicular
hijacking,
aggravated | ||||||
2 | arson, aggravated stalking, residential burglary, and | ||||||
3 | home
invasion; or
| ||||||
4 | (7) the murdered individual was under 12 years of age | ||||||
5 | and the
death resulted from exceptionally brutal or | ||||||
6 | heinous behavior indicative of
wanton cruelty; or
| ||||||
7 | (8) (blank); or the defendant committed the murder | ||||||
8 | with intent to
prevent the murdered individual from | ||||||
9 | testifying or participating in any
criminal investigation | ||||||
10 | or prosecution
or giving material assistance to the State | ||||||
11 | in any investigation or
prosecution, either against the | ||||||
12 | defendant or another; or the defendant
committed the | ||||||
13 | murder because the murdered individual was a witness in | ||||||
14 | any
prosecution or gave material assistance to the State | ||||||
15 | in any investigation
or prosecution, either against the | ||||||
16 | defendant or another;
for purposes of this paragraph (8), | ||||||
17 | "participating in any criminal
investigation
or | ||||||
18 | prosecution" is intended to include those appearing in the | ||||||
19 | proceedings in
any capacity such as trial judges, | ||||||
20 | prosecutors, defense attorneys,
investigators, witnesses, | ||||||
21 | or jurors; or
| ||||||
22 | (9) (blank); or the defendant, while committing an | ||||||
23 | offense punishable under
Sections 401, 401.1, 401.2, 405, | ||||||
24 | 405.2, 407 or 407.1 or subsection (b) of
Section
404 of the | ||||||
25 | Illinois Controlled Substances Act, or while engaged in a
| ||||||
26 | conspiracy or solicitation to commit such offense, |
| |||||||
| |||||||
1 | intentionally killed an
individual or counseled, | ||||||
2 | commanded, induced, procured or caused the
intentional | ||||||
3 | killing of the murdered individual; or
| ||||||
4 | (10) (blank); or the defendant was incarcerated in an | ||||||
5 | institution or facility of
the Department of Corrections | ||||||
6 | at the time of the murder, and while
committing an offense | ||||||
7 | punishable as a felony under Illinois law, or while
| ||||||
8 | engaged in a conspiracy or solicitation to commit such | ||||||
9 | offense,
intentionally killed an individual or counseled, | ||||||
10 | commanded, induced,
procured or caused the intentional | ||||||
11 | killing of the murdered individual; or
| ||||||
12 | (11) (blank); or the murder was committed in a cold, | ||||||
13 | calculated and premeditated
manner pursuant to a | ||||||
14 | preconceived plan, scheme or design to take a human
life | ||||||
15 | by unlawful means, and the conduct of the defendant | ||||||
16 | created a
reasonable expectation that the death of a human | ||||||
17 | being would result
therefrom; or
| ||||||
18 | (12) (blank); or the murdered individual was an | ||||||
19 | emergency medical technician -
ambulance, emergency | ||||||
20 | medical technician - intermediate, emergency medical
| ||||||
21 | technician - paramedic, ambulance driver, or
other medical | ||||||
22 | assistance or first aid personnel, employed by a | ||||||
23 | municipality
or other governmental unit, killed in the | ||||||
24 | course of performing his official
duties, to prevent the | ||||||
25 | performance of his official duties, or in retaliation
for | ||||||
26 | performing his official duties, and the defendant knew or |
| |||||||
| |||||||
1 | should have
known that the murdered individual was an | ||||||
2 | emergency medical technician -
ambulance, emergency | ||||||
3 | medical technician - intermediate, emergency medical
| ||||||
4 | technician - paramedic, ambulance driver, or
other medical | ||||||
5 | assistance or first aid personnel; or
| ||||||
6 | (13) (blank); or the defendant was a principal | ||||||
7 | administrator, organizer, or leader
of a calculated | ||||||
8 | criminal drug conspiracy consisting of a hierarchical | ||||||
9 | position
of authority superior to that of all other | ||||||
10 | members of the conspiracy, and the
defendant counseled, | ||||||
11 | commanded, induced, procured, or caused the intentional
| ||||||
12 | killing of the murdered person;
or
| ||||||
13 | (14) (blank); or the murder was intentional and | ||||||
14 | involved the infliction of torture.
For
the purpose of | ||||||
15 | this Section torture means the infliction of or subjection | ||||||
16 | to
extreme physical pain, motivated by an intent to | ||||||
17 | increase or prolong the pain,
suffering or agony of the | ||||||
18 | victim; or
| ||||||
19 | (15) (blank); or the murder was committed as a result | ||||||
20 | of the intentional discharge
of a firearm by the defendant | ||||||
21 | from a motor vehicle and the victim was not
present within | ||||||
22 | the motor vehicle; or
| ||||||
23 | (16) (blank); or the murdered individual was 60 years | ||||||
24 | of age or older and the death
resulted
from exceptionally | ||||||
25 | brutal or heinous behavior indicative of wanton cruelty; | ||||||
26 | or
|
| |||||||
| |||||||
1 | (17) (blank); or the murdered individual was a person | ||||||
2 | with a disability and the defendant knew
or
should have | ||||||
3 | known that the murdered individual was a person with a | ||||||
4 | disability. For purposes of
this paragraph (17), "person | ||||||
5 | with a disability" means a person who suffers from a
| ||||||
6 | permanent physical or mental impairment resulting from | ||||||
7 | disease, an injury,
a functional disorder, or a congenital | ||||||
8 | condition that renders the person
incapable of
adequately | ||||||
9 | providing for his or her own health or personal care; or
| ||||||
10 | (18) (blank); or the murder was committed by reason of | ||||||
11 | any person's activity as a
community policing volunteer or | ||||||
12 | to prevent any person from engaging in activity
as a | ||||||
13 | community policing volunteer; or
| ||||||
14 | (19) (blank); or the murdered individual was subject | ||||||
15 | to an order of protection and the
murder was committed by a | ||||||
16 | person against whom the same order of protection was
| ||||||
17 | issued under the Illinois Domestic Violence Act of 1986; | ||||||
18 | or
| ||||||
19 | (20) murder was committed by the defendant the | ||||||
20 | murdered individual was known by the defendant to be a | ||||||
21 | teacher or
other person employed in any school and the | ||||||
22 | teacher or other employee is upon
the grounds of a school | ||||||
23 | or grounds adjacent to a school, or is in any part of a
| ||||||
24 | building used for school purposes; or
| ||||||
25 | (21) the murder was committed by the defendant in | ||||||
26 | connection with or as
a
result of the offense of terrorism |
| |||||||
| |||||||
1 | as defined in Section 29D-14.9 of this
Code; or
| ||||||
2 | (22) the murdered individual was a member of a | ||||||
3 | congregation engaged in prayer or other religious | ||||||
4 | activities at a church, synagogue, mosque, or other | ||||||
5 | building, structure, or place used for religious worship. | ||||||
6 | (b-5) Aggravating Factor; Natural Life Imprisonment. A | ||||||
7 | defendant who has been found guilty of first degree murder and | ||||||
8 | who at the time of the commission of the offense had attained | ||||||
9 | the age of 18 years or more may be sentenced to natural life | ||||||
10 | imprisonment if
(i) the murdered individual was a physician, | ||||||
11 | physician assistant, psychologist, nurse, or advanced practice | ||||||
12 | registered nurse, (ii) the defendant knew or should have
known | ||||||
13 | that the murdered individual was a physician, physician | ||||||
14 | assistant, psychologist, nurse, or advanced practice | ||||||
15 | registered nurse, and (iii) the murdered individual was killed | ||||||
16 | in the course of acting in his or her capacity as a physician, | ||||||
17 | physician assistant, psychologist, nurse, or advanced practice | ||||||
18 | registered nurse, or to prevent him or her from acting in that | ||||||
19 | capacity, or in retaliation
for his or her acting in that | ||||||
20 | capacity. | ||||||
21 | (c) Consideration of factors in Aggravation and | ||||||
22 | Mitigation.
| ||||||
23 | The court shall consider, or shall instruct the jury to | ||||||
24 | consider any
aggravating and any mitigating factors which are | ||||||
25 | relevant to the
imposition of the death penalty. Aggravating | ||||||
26 | factors may include but
need not be limited to those factors |
| |||||||
| |||||||
1 | set forth in subsection (b).
Mitigating factors may include | ||||||
2 | but need not be limited to the following:
| ||||||
3 | (1) the defendant has no significant history of prior | ||||||
4 | criminal
activity;
| ||||||
5 | (2) the murder was committed while the defendant was | ||||||
6 | under
the influence of extreme mental or emotional | ||||||
7 | disturbance, although not such
as to constitute a defense | ||||||
8 | to prosecution;
| ||||||
9 | (3) the murdered individual was a participant in the
| ||||||
10 | defendant's homicidal conduct or consented to the | ||||||
11 | homicidal act;
| ||||||
12 | (4) the defendant acted under the compulsion of threat | ||||||
13 | or
menace of the imminent infliction of death or great | ||||||
14 | bodily harm;
| ||||||
15 | (5) the defendant was not personally present during
| ||||||
16 | commission of the act or acts causing death;
| ||||||
17 | (6) the defendant's background includes a history of | ||||||
18 | extreme emotional
or physical abuse;
| ||||||
19 | (7) the defendant suffers from a reduced mental | ||||||
20 | capacity.
| ||||||
21 | Provided, however, that an action that does not otherwise | ||||||
22 | mitigate first degree murder cannot qualify as a mitigating | ||||||
23 | factor for first degree murder because of the discovery, | ||||||
24 | knowledge, or disclosure of the victim's sexual orientation as | ||||||
25 | defined in Section 1-103 of the Illinois Human Rights Act. | ||||||
26 | (d) Separate sentencing hearing.
|
| |||||||
| |||||||
1 | Where requested by the State, the court shall conduct a | ||||||
2 | separate
sentencing proceeding to determine the existence of | ||||||
3 | factors set forth in
subsection (b) and to consider any | ||||||
4 | aggravating or mitigating factors as
indicated in subsection | ||||||
5 | (c). The proceeding shall be conducted:
| ||||||
6 | (1) before the jury that determined the defendant's | ||||||
7 | guilt; or
| ||||||
8 | (2) before a jury impanelled for the purpose of the | ||||||
9 | proceeding if:
| ||||||
10 | A. the defendant was convicted upon a plea of | ||||||
11 | guilty; or
| ||||||
12 | B. the defendant was convicted after a trial | ||||||
13 | before the court
sitting without a jury; or
| ||||||
14 | C. the court for good cause shown discharges the | ||||||
15 | jury that
determined the defendant's guilt; or
| ||||||
16 | (3) before the court alone if the defendant waives a | ||||||
17 | jury
for the separate proceeding.
| ||||||
18 | (e) Evidence and Argument.
| ||||||
19 | During the proceeding any information relevant to any of | ||||||
20 | the factors
set forth in subsection (b) may be presented by | ||||||
21 | either the State or the
defendant under the rules governing | ||||||
22 | the admission of evidence at
criminal trials. Any information | ||||||
23 | relevant to any additional aggravating
factors or any | ||||||
24 | mitigating factors indicated in subsection (c) may be
| ||||||
25 | presented by the State or defendant regardless of its | ||||||
26 | admissibility
under the rules governing the admission of |
| |||||||
| |||||||
1 | evidence at criminal trials.
The State and the defendant shall | ||||||
2 | be given fair opportunity to rebut any
information received at | ||||||
3 | the hearing.
| ||||||
4 | (f) Proof.
| ||||||
5 | The burden of proof of establishing the existence of any | ||||||
6 | of the
factors set forth in subsection (b) is on the State and | ||||||
7 | shall not be
satisfied unless established beyond a reasonable | ||||||
8 | doubt.
| ||||||
9 | (g) Procedure - Jury.
| ||||||
10 | If at the separate sentencing proceeding the jury finds | ||||||
11 | that none of
the factors set forth in subsection (b) exists, | ||||||
12 | the court shall sentence
the defendant to a term of | ||||||
13 | imprisonment under Chapter V of the Unified
Code of | ||||||
14 | Corrections. If there is a unanimous finding by the jury that
| ||||||
15 | one or more of the factors set forth in subsection (b) exist, | ||||||
16 | the jury
shall consider aggravating and mitigating factors as | ||||||
17 | instructed by the
court and shall determine whether the | ||||||
18 | sentence of death shall be
imposed. If the jury determines | ||||||
19 | unanimously, after weighing the factors in
aggravation and | ||||||
20 | mitigation, that death is the appropriate sentence, the court | ||||||
21 | shall sentence the defendant to death.
If the court does not | ||||||
22 | concur with the jury determination that death is the
| ||||||
23 | appropriate sentence, the court shall set forth reasons in | ||||||
24 | writing
including what facts or circumstances the court relied | ||||||
25 | upon,
along with any relevant
documents, that compelled the | ||||||
26 | court to non-concur with the sentence. This
document and any |
| |||||||
| |||||||
1 | attachments shall be part of the record for appellate
review. | ||||||
2 | The court shall be bound by the jury's sentencing | ||||||
3 | determination.
| ||||||
4 | If after weighing the factors in aggravation and | ||||||
5 | mitigation, one or more
jurors determines that death is not | ||||||
6 | the appropriate sentence,
the
court shall sentence the | ||||||
7 | defendant to a term of imprisonment under
Chapter V of the | ||||||
8 | Unified Code of Corrections.
| ||||||
9 | (h) Procedure - No Jury.
| ||||||
10 | In a proceeding before the court alone, if the court finds | ||||||
11 | that none
of the factors found in subsection (b) exists, the | ||||||
12 | court shall sentence
the defendant to a term of imprisonment | ||||||
13 | under Chapter V of the Unified
Code of Corrections.
| ||||||
14 | If the Court determines that one or more of the factors set | ||||||
15 | forth in
subsection (b) exists, the Court shall consider any | ||||||
16 | aggravating and
mitigating factors as indicated in subsection | ||||||
17 | (c). If the Court
determines, after weighing the factors in | ||||||
18 | aggravation and mitigation, that
death is the appropriate | ||||||
19 | sentence, the Court shall sentence the
defendant to death.
| ||||||
20 | If
the court finds that death is not the
appropriate | ||||||
21 | sentence, the
court shall sentence the defendant to a term of | ||||||
22 | imprisonment under
Chapter V of the Unified Code of | ||||||
23 | Corrections.
| ||||||
24 | (h-5) Decertification as a capital case.
| ||||||
25 | In a case in which the defendant has been found guilty of | ||||||
26 | first degree murder
by a judge or jury, or a case on remand for |
| |||||||
| |||||||
1 | resentencing, and the State seeks
the death penalty as an | ||||||
2 | appropriate
sentence,
on the court's own motion or the written | ||||||
3 | motion of the defendant, the court
may decertify the case as a | ||||||
4 | death penalty case if the court finds that the only
evidence | ||||||
5 | supporting the defendant's conviction is the uncorroborated | ||||||
6 | testimony
of an informant witness, as defined in Section | ||||||
7 | 115-21 of the Code of Criminal
Procedure of 1963, concerning | ||||||
8 | the confession or admission of the defendant or
that the sole | ||||||
9 | evidence against the defendant is a single eyewitness or | ||||||
10 | single
accomplice without any other corroborating evidence.
If | ||||||
11 | the court decertifies the case as a capital case
under either | ||||||
12 | of the grounds set forth above, the court shall issue a
written | ||||||
13 | finding. The State may pursue its right to appeal the | ||||||
14 | decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||||||
15 | the court does not
decertify the case as a capital case, the | ||||||
16 | matter shall proceed to the
eligibility phase of the | ||||||
17 | sentencing hearing.
| ||||||
18 | (i) Appellate Procedure.
| ||||||
19 | The conviction and sentence of death shall be subject to | ||||||
20 | automatic
review by the Supreme Court. Such review shall be in | ||||||
21 | accordance with
rules promulgated by the Supreme Court.
The | ||||||
22 | Illinois Supreme Court may overturn the death sentence, and | ||||||
23 | order the
imposition of imprisonment under Chapter V of the | ||||||
24 | Unified Code of
Corrections if the court finds that the death | ||||||
25 | sentence is fundamentally
unjust as applied to the particular | ||||||
26 | case.
If the Illinois Supreme Court finds that the
death |
| |||||||
| |||||||
1 | sentence is fundamentally unjust as applied to the particular | ||||||
2 | case,
independent of any procedural grounds for relief, the | ||||||
3 | Illinois Supreme Court
shall issue a written opinion | ||||||
4 | explaining this finding.
| ||||||
5 | (j) Disposition of reversed death sentence.
| ||||||
6 | In the event that the death penalty in this Act is held to | ||||||
7 | be
unconstitutional by the Supreme Court of the United States | ||||||
8 | or of the
State of Illinois, any person convicted of first | ||||||
9 | degree murder shall be
sentenced by the court to a term of | ||||||
10 | imprisonment under Chapter V of the
Unified Code of | ||||||
11 | Corrections.
| ||||||
12 | In the event that any death sentence pursuant to the | ||||||
13 | sentencing
provisions of this Section is declared | ||||||
14 | unconstitutional by the Supreme
Court of the United States or | ||||||
15 | of the State of Illinois, the court having
jurisdiction over a | ||||||
16 | person previously sentenced to death shall cause the
defendant | ||||||
17 | to be brought before the court, and the court shall sentence
| ||||||
18 | the defendant to a term of imprisonment under Chapter V of the
| ||||||
19 | Unified Code of Corrections.
| ||||||
20 | (k) Guidelines for seeking the death penalty.
| ||||||
21 | The Attorney General and
State's Attorneys Association | ||||||
22 | shall consult on voluntary guidelines for
procedures governing | ||||||
23 | whether or not to seek the death penalty. The guidelines
do not
| ||||||
24 | have the force of law and are only advisory in nature.
| ||||||
25 | (Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18; | ||||||
26 | 100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff. |
| |||||||
| |||||||
1 | 7-1-21 .)
| ||||||
2 | Section 110. The Code of Criminal Procedure of 1963 is | ||||||
3 | amended by changing Sections 113-3 and 119-1 as follows:
| ||||||
4 | (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
| ||||||
5 | Sec. 113-3.
(a) Every person charged with an offense shall | ||||||
6 | be
allowed counsel before pleading to the charge. If the | ||||||
7 | defendant desires
counsel and has been unable to obtain same | ||||||
8 | before arraignment the court
shall recess court or continue | ||||||
9 | the cause for a reasonable time to permit
defendant to obtain | ||||||
10 | counsel and consult with him before pleading to the
charge. If | ||||||
11 | the accused is a dissolved corporation, and is not represented
| ||||||
12 | by counsel, the court may, in the interest of justice, appoint | ||||||
13 | as counsel a
licensed attorney of this State.
| ||||||
14 | (b) In all cases, except where
the penalty is a fine only, | ||||||
15 | if the
court determines that the defendant is indigent and | ||||||
16 | desires counsel, the
Public Defender shall be appointed as | ||||||
17 | counsel. If there is no Public
Defender in the county or if the | ||||||
18 | defendant requests counsel other than
the Public Defender and | ||||||
19 | the court finds that the rights of the defendant
will be | ||||||
20 | prejudiced by the appointment of the Public Defender, the | ||||||
21 | court
shall appoint as counsel a licensed attorney at law of | ||||||
22 | this State,
except that in a county having a population of | ||||||
23 | 2,000,000 or
more the
Public Defender shall be appointed as | ||||||
24 | counsel in all misdemeanor cases
where the defendant is |
| |||||||
| |||||||
1 | indigent and desires counsel unless the case
involves multiple | ||||||
2 | defendants, in which case the court may appoint
counsel other | ||||||
3 | than the Public Defender for the additional defendants.
The | ||||||
4 | court shall require an affidavit signed by any defendant who
| ||||||
5 | requests court-appointed counsel. Such affidavit shall be in | ||||||
6 | the form
established by the Supreme Court containing
| ||||||
7 | sufficient information to ascertain the assets and liabilities | ||||||
8 | of that
defendant. The Court may direct the Clerk of the | ||||||
9 | Circuit Court to
assist the defendant in the completion of the | ||||||
10 | affidavit. Any person who
knowingly files such affidavit | ||||||
11 | containing false information concerning
his assets and | ||||||
12 | liabilities shall be liable to the county where the
case, in | ||||||
13 | which such false affidavit is filed, is pending for the
| ||||||
14 | reasonable value of the services rendered by the public | ||||||
15 | defender or
other court-appointed counsel in the case to the | ||||||
16 | extent that such
services were unjustly or falsely procured.
| ||||||
17 | (c) Upon the filing with the court of a verified statement | ||||||
18 | of
services rendered the court shall order the county | ||||||
19 | treasurer of the
county of trial to pay counsel other than the | ||||||
20 | Public Defender a reasonable fee.
The court shall consider all | ||||||
21 | relevant circumstances, including but not limited
to the time | ||||||
22 | spent while court is in session, other time spent in | ||||||
23 | representing
the defendant, and expenses reasonably incurred | ||||||
24 | by counsel. In counties
with a population greater than | ||||||
25 | 2,000,000,
the court shall order the county
treasurer of the | ||||||
26 | county of trial to pay counsel other than the Public Defender
a |
| |||||||
| |||||||
1 | reasonable fee stated in the order and based upon a rate of | ||||||
2 | compensation
of not more than $40 for each hour spent while | ||||||
3 | court is in session and
not more than $30 for each hour | ||||||
4 | otherwise spent representing a
defendant, and such | ||||||
5 | compensation shall not exceed $150 for each
defendant | ||||||
6 | represented in misdemeanor cases and $1250 in felony cases, in
| ||||||
7 | addition to expenses reasonably incurred as hereinafter in | ||||||
8 | this Section
provided, except that, in extraordinary | ||||||
9 | circumstances, payment in excess
of the limits herein stated | ||||||
10 | may be made if the trial court certifies
that such payment is | ||||||
11 | necessary to provide fair compensation for
protracted | ||||||
12 | representation. A trial court may entertain the filing of this
| ||||||
13 | verified statement before the termination of the cause, and | ||||||
14 | may order the
provisional payment of sums during the pendency | ||||||
15 | 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
| ||||||
4 | defendant.
| ||||||
5 | (f) The provisions of this Section relating to appointment | ||||||
6 | of counsel,
compensation of counsel, and payment of expenses
| ||||||
7 | in capital cases apply except when the compensation and | ||||||
8 | expenses are being
provided under the Capital Crimes | ||||||
9 | Litigation Act of 2023 .
| ||||||
10 | (Source: P.A. 91-589, eff. 1-1-00.)
| ||||||
11 | (725 ILCS 5/119-1) | ||||||
12 | Sec. 119-1. Death penalty restored abolished . | ||||||
13 | (a) (Blank). Beginning on the effective date of this | ||||||
14 | amendatory Act of the 96th General Assembly, notwithstanding | ||||||
15 | any other law to the contrary, the death penalty is abolished | ||||||
16 | and a sentence to death may not be imposed. | ||||||
17 | (b) All unobligated and unexpended moneys remaining in the | ||||||
18 | Capital Litigation Trust Fund on the effective date of this | ||||||
19 | amendatory Act of the 96th General Assembly shall be | ||||||
20 | transferred into the Death Penalty Abolition Fund on the | ||||||
21 | effective date of this amendatory Act of the 103rd General | ||||||
22 | Assembly shall be transferred into the Capital Litigation | ||||||
23 | Trust Fund , a special fund in the State treasury, to be | ||||||
24 | expended by the Illinois Criminal Justice Information | ||||||
25 | Authority, for services for families of victims of homicide or |
| |||||||
| |||||||
1 | murder and for training of law enforcement personnel .
| ||||||
2 | (Source: P.A. 96-1543, eff. 7-1-11 .)
| ||||||
3 | Section 115. The State Appellate Defender Act is amended | ||||||
4 | by changing Section 10 as follows:
| ||||||
5 | (725 ILCS 105/10) (from Ch. 38, par. 208-10)
| ||||||
6 | Sec. 10. Powers and duties of State Appellate Defender.
| ||||||
7 | (a) The State Appellate Defender shall represent indigent | ||||||
8 | persons on
appeal in criminal and delinquent minor | ||||||
9 | proceedings, when appointed to do so by
a court under a Supreme | ||||||
10 | Court Rule or law of this State.
| ||||||
11 | (b) The State Appellate Defender shall submit a budget for | ||||||
12 | the
approval of the State Appellate Defender Commission.
| ||||||
13 | (c) The State Appellate Defender may:
| ||||||
14 | (1) maintain a panel of private attorneys available to | ||||||
15 | serve as
counsel on a case basis;
| ||||||
16 | (2) establish programs, alone or in conjunction with | ||||||
17 | law schools,
for the purpose of utilizing volunteer law | ||||||
18 | students as legal assistants;
| ||||||
19 | (3) cooperate and consult with state agencies, | ||||||
20 | professional
associations, and other groups concerning the | ||||||
21 | causes of criminal
conduct, the rehabilitation and | ||||||
22 | correction of persons charged with and
convicted of crime, | ||||||
23 | the administration of criminal justice, and, in
counties | ||||||
24 | of less than 1,000,000 population, study, design, develop |
| |||||||
| |||||||
1 | and
implement model systems for the delivery of trial | ||||||
2 | level defender
services, and make an annual report to the | ||||||
3 | General Assembly;
| ||||||
4 | (4) hire investigators to provide investigative | ||||||
5 | services to appointed counsel and county
public defenders;
| ||||||
6 | (5) (blank);
| ||||||
7 | (5.1) in cases in which a death sentence is an | ||||||
8 | authorized disposition,
provide trial counsel with legal | ||||||
9 | assistance and the assistance of expert witnesses, | ||||||
10 | investigators,
and mitigation specialists from funds | ||||||
11 | appropriated to the State Appellate
Defender specifically | ||||||
12 | for that
purpose by the General Assembly. The Office of | ||||||
13 | State Appellate Defender shall
not be appointed to serve | ||||||
14 | as trial counsel in capital cases; | ||||||
15 | (5.5) provide training to county public defenders; | ||||||
16 | (5.7) provide county public defenders with the | ||||||
17 | assistance of expert witnesses and investigators from | ||||||
18 | funds appropriated to the State Appellate Defender | ||||||
19 | specifically for that purpose by the General Assembly. The | ||||||
20 | Office of the State Appellate Defender shall not be | ||||||
21 | appointed to act as trial counsel; | ||||||
22 | (6) develop a Juvenile Defender Resource Center to:
| ||||||
23 | (i) study, design, develop, and implement model systems | ||||||
24 | for the delivery of trial level defender services for | ||||||
25 | juveniles in the justice system; (ii) in cases in which a | ||||||
26 | sentence of incarceration or an adult sentence, or both, |
| |||||||
| |||||||
1 | is an authorized disposition, provide trial counsel with | ||||||
2 | legal advice and the assistance of expert witnesses and | ||||||
3 | investigators from funds appropriated to the Office of the | ||||||
4 | State Appellate Defender by the General Assembly | ||||||
5 | specifically for that purpose; (iii) develop and provide | ||||||
6 | training to public defenders on juvenile justice issues, | ||||||
7 | utilizing resources including the State and local bar | ||||||
8 | associations, the Illinois Public Defender Association, | ||||||
9 | law schools, the Midwest Juvenile Defender Center, and pro | ||||||
10 | bono efforts by law firms; and
(iv) make an annual report | ||||||
11 | to the General Assembly. | ||||||
12 | Investigators employed by the Capital Trial Assistance | ||||||
13 | Unit and Capital Post Conviction Unit of the State Appellate | ||||||
14 | Defender shall be authorized to
inquire
through the Illinois | ||||||
15 | State Police or local law enforcement with the Law
Enforcement
| ||||||
16 | Agencies Data System (LEADS) under Section 2605-375 of the | ||||||
17 | Civil Administrative
Code of Illinois to ascertain whether | ||||||
18 | their potential witnesses have a criminal
background, | ||||||
19 | including, but not limited to: (i) warrants; (ii) arrests; | ||||||
20 | (iii) convictions; and (iv)
officer
safety information. This | ||||||
21 | authorization applies only to information held on the
State
| ||||||
22 | level and shall be used only to protect the personal safety of | ||||||
23 | the
investigators. Any
information that is obtained through | ||||||
24 | this inquiry may not be disclosed by the
investigators. | ||||||
25 | (c-5) For each State fiscal year, the State Appellate | ||||||
26 | Defender shall request a direct appropriation from the Capital |
| |||||||
| |||||||
1 | Litigation Trust Fund for expenses incurred by the State | ||||||
2 | Appellate Defender in providing assistance to trial attorneys | ||||||
3 | under paragraph (5.1) of subsection (c) of this Section and | ||||||
4 | for expenses incurred by the State Appellate Defender in | ||||||
5 | representing petitioners in capital cases in post-conviction | ||||||
6 | proceedings under Article 122 of the Code of Criminal | ||||||
7 | Procedure of 1963 and in relation to petitions filed under | ||||||
8 | Section 2-1401 of the Code of Civil Procedure in relation to | ||||||
9 | capital cases and for the representation of those petitioners | ||||||
10 | by attorneys approved by or contracted with the State | ||||||
11 | Appellate Defender and an appropriation to the State Treasurer | ||||||
12 | for payments from the Trust Fund for the defense of cases in | ||||||
13 | counties other than Cook County. The State Appellate Defender | ||||||
14 | may appear before the
General Assembly at other times during | ||||||
15 | the State's fiscal year to request
supplemental appropriations | ||||||
16 | from the Trust Fund to the State Treasurer. | ||||||
17 | (d) (Blank).
| ||||||
18 | (e) The requirement for reporting to the General Assembly | ||||||
19 | shall be
satisfied
by filing copies of the report as required | ||||||
20 | by Section 3.1 of the General Assembly Organization
Act and | ||||||
21 | filing such additional copies with the State Government Report
| ||||||
22 | Distribution Center for
the General Assembly as is required | ||||||
23 | under paragraph (t) of Section 7 of the
State Library Act.
| ||||||
24 | (Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)
| ||||||
25 | Section 999. Effective date. This Act takes effect January | ||||||
26 | 1, 2024.
|