| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning criminal law.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Capital Crimes Litigation Act of 2024.
| |||||||||||||||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | reviewed by both the trial judge and the presiding judge | ||||||
2 | or the presiding judge's designee. | ||||||
3 | (2) The litigation budget shall serve purposes | ||||||
4 | comparable to those of private retainer agreements by | ||||||
5 | confirming both the court's and the attorney's | ||||||
6 | expectations regarding fees and expenses. Consideration | ||||||
7 | should be given to employing an ex parte pretrial | ||||||
8 | conference in order to facilitate reaching agreement on a | ||||||
9 | litigation budget at the earliest opportunity. | ||||||
10 | (3) The budget shall be incorporated into a sealed | ||||||
11 | initial pretrial order that reflects the understandings of | ||||||
12 | the court and counsel regarding all matters affecting | ||||||
13 | counsel compensation and reimbursement and payments for | ||||||
14 | investigative, expert and other services, including, but | ||||||
15 | not limited to, the following matters: | ||||||
16 | (A) the hourly rate at which counsel will be | ||||||
17 | compensated; | ||||||
18 | (B) the hourly rate at which private | ||||||
19 | investigators, other than investigators employed by | ||||||
20 | the Office of the State Appellate Defender, will be | ||||||
21 | compensated; and | ||||||
22 | (C) the best preliminary estimate that can be made | ||||||
23 | of the cost of all services, including, but not | ||||||
24 | limited to, counsel, expert, and investigative | ||||||
25 | services that are likely to be needed through the | ||||||
26 | guilt and penalty phases of the trial. The court shall |
| |||||||
| |||||||
1 | have discretion to require that budgets be prepared | ||||||
2 | for shorter intervals of time. | ||||||
3 | (4) Appointed counsel may obtain, subject to later | ||||||
4 | review, investigative, expert, or other services without | ||||||
5 | prior authorization if necessary for an adequate defense. | ||||||
6 | If the services are obtained, the presiding judge or the | ||||||
7 | presiding judge's designee shall consider in an ex parte | ||||||
8 | proceeding that timely procurement of necessary services | ||||||
9 | could not await prior authorization. If an ex parte | ||||||
10 | hearing is requested by defense counsel or deemed | ||||||
11 | necessary by the trial judge prior to modifying a budget, | ||||||
12 | the ex parte hearing shall be before the presiding judge | ||||||
13 | or the presiding judge's designee. The judge may then | ||||||
14 | authorize the services nunc pro tunc. If the presiding | ||||||
15 | judge or the presiding judge's designee finds that the | ||||||
16 | services were not reasonable, payment may be denied. | ||||||
17 | (5) An approved budget shall guide counsel's use of | ||||||
18 | time and resources by indicating the services for which | ||||||
19 | compensation is authorized. The case budget shall be | ||||||
20 | re-evaluated when justified by changed or unexpected | ||||||
21 | circumstances and shall be modified by the court when | ||||||
22 | reasonable and necessary for an adequate defense. If an ex | ||||||
23 | parte hearing is requested by defense counsel or deemed | ||||||
24 | necessary by the trial judge prior to modifying a budget, | ||||||
25 | the ex parte hearing shall be before the presiding judge | ||||||
26 | or the presiding judge's designee. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | without further hearing, the court must promptly rule on the | ||||||
2 | objections. The petitions and orders shall be kept under seal | ||||||
3 | and shall be exempt from Freedom of Information requests until | ||||||
4 | the conclusion of the trial and appeal of the case, even if the | ||||||
5 | prosecution chooses not to pursue the death penalty prior to | ||||||
6 | trial or sentencing. Certification of compensation and | ||||||
7 | expenses by a court in Cook County shall be delivered by the | ||||||
8 | court to the county treasurer and paid by the county treasurer | ||||||
9 | from moneys granted to the county from the Capital Litigation | ||||||
10 | Trust Fund.
| ||||||
11 | Section 15. Capital Litigation Trust Fund. | ||||||
12 | (a) The Capital Litigation Trust Fund is created as a | ||||||
13 | special fund in the State treasury. The Trust Fund shall be | ||||||
14 | administered by the State Treasurer to provide moneys for the | ||||||
15 | appropriations to be made, grants to be awarded, and | ||||||
16 | compensation and expenses to be paid under this Act. All | ||||||
17 | interest earned from the investment or deposit of moneys | ||||||
18 | accumulated in the Trust Fund shall, under Section 4.1 of the | ||||||
19 | State Finance Act, be deposited into the Trust Fund. | ||||||
20 | (b) Moneys deposited into the Trust Fund shall not be | ||||||
21 | considered general revenue of the State of Illinois. | ||||||
22 | (c) Moneys deposited into the Trust Fund shall be used | ||||||
23 | exclusively for the purposes of providing funding for the | ||||||
24 | prosecution and defense of capital cases and for providing | ||||||
25 | funding for post-conviction proceedings in capital cases under |
| |||||||
| |||||||
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 | ||||||
25 | appropriations to the State Treasurer for expenses | ||||||
26 | incurred by the Public Defender and for funding for |
| |||||||
| |||||||
1 | private appointed defense counsel in Cook County. | ||||||
2 | (2) The State's Attorney in Cook County shall request | ||||||
3 | an appropriation to the State Treasurer for expenses | ||||||
4 | incurred by the State's Attorney. | ||||||
5 | (3) The State Appellate Defender shall request a | ||||||
6 | direct appropriation from the Trust Fund for expenses | ||||||
7 | incurred by the State Appellate Defender in providing | ||||||
8 | assistance to trial attorneys under item (c)(5.1) of | ||||||
9 | Section 10 of the State Appellate Defender Act and for | ||||||
10 | expenses incurred by the State Appellate Defender in | ||||||
11 | representing petitioners in capital cases in | ||||||
12 | post-conviction proceedings under Article 122 of the Code | ||||||
13 | of Criminal Procedure of 1963 and in relation to petitions | ||||||
14 | filed under Section 2-1401 of the Code of Civil Procedure | ||||||
15 | in relation to capital cases and for the representation of | ||||||
16 | those petitioners by attorneys approved by or contracted | ||||||
17 | with the State Appellate Defender and an appropriation to | ||||||
18 | the State Treasurer for payments from the Trust Fund for | ||||||
19 | the defense of cases in counties other than Cook County. | ||||||
20 | (4) The State's Attorneys Appellate Prosecutor shall | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
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. | ||||||
24 | (2) To pay the capital litigation expenses of trial | ||||||
25 | defense and post-conviction proceedings in capital cases | ||||||
26 | under Article 122 of the Code of Criminal Procedure of |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
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 | ||||||
20 | Appellate Defender under the State Appellate Defender Act. | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
5 | court-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 900. The Freedom of Information Act is amended by | ||||||
25 | changing Section 7.5 as follows:
|
| |||||||
| |||||||
1 | (5 ILCS 140/7.5) | ||||||
2 | (Text of Section before amendment by P.A. 103-472 ) | ||||||
3 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
4 | by the statutes referenced below, the following shall be | ||||||
5 | exempt from inspection and copying: | ||||||
6 | (a) All information determined to be confidential | ||||||
7 | under Section 4002 of the Technology Advancement and | ||||||
8 | Development Act. | ||||||
9 | (b) Library circulation and order records identifying | ||||||
10 | library users with specific materials under the Library | ||||||
11 | Records Confidentiality Act. | ||||||
12 | (c) Applications, related documents, and medical | ||||||
13 | records received by the Experimental Organ Transplantation | ||||||
14 | Procedures Board and any and all documents or other | ||||||
15 | records prepared by the Experimental Organ Transplantation | ||||||
16 | Procedures Board or its staff relating to applications it | ||||||
17 | has received. | ||||||
18 | (d) Information and records held by the Department of | ||||||
19 | Public Health and its authorized representatives relating | ||||||
20 | to known or suspected cases of sexually transmissible | ||||||
21 | disease or any information the disclosure of which is | ||||||
22 | restricted under the Illinois Sexually Transmissible | ||||||
23 | Disease Control Act. | ||||||
24 | (e) Information the disclosure of which is exempted | ||||||
25 | under Section 30 of the Radon Industry Licensing Act. |
| |||||||
| |||||||
1 | (f) Firm performance evaluations under Section 55 of | ||||||
2 | the Architectural, Engineering, and Land Surveying | ||||||
3 | Qualifications Based Selection Act. | ||||||
4 | (g) Information the disclosure of which is restricted | ||||||
5 | and exempted under Section 50 of the Illinois Prepaid | ||||||
6 | Tuition Act. | ||||||
7 | (h) Information the disclosure of which is exempted | ||||||
8 | under the State Officials and Employees Ethics Act, and | ||||||
9 | records of any lawfully created State or local inspector | ||||||
10 | general's office that would be exempt if created or | ||||||
11 | obtained by an Executive Inspector General's office under | ||||||
12 | that Act. | ||||||
13 | (i) Information contained in a local emergency energy | ||||||
14 | plan submitted to a municipality in accordance with a | ||||||
15 | local emergency energy plan ordinance that is adopted | ||||||
16 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
17 | (j) Information and data concerning the distribution | ||||||
18 | of surcharge moneys collected and remitted by carriers | ||||||
19 | under the Emergency Telephone System Act. | ||||||
20 | (k) Law enforcement officer identification information | ||||||
21 | or driver identification information compiled by a law | ||||||
22 | enforcement agency or the Department of Transportation | ||||||
23 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
24 | (l) Records and information provided to a residential | ||||||
25 | health care facility resident sexual assault and death | ||||||
26 | review team or the Executive Council under the Abuse |
| |||||||
| |||||||
1 | Prevention Review Team Act. | ||||||
2 | (m) Information provided to the predatory lending | ||||||
3 | database created pursuant to Article 3 of the Residential | ||||||
4 | Real Property Disclosure Act, except to the extent | ||||||
5 | authorized under that Article. | ||||||
6 | (n) Defense budgets and petitions for certification of | ||||||
7 | compensation and expenses for court appointed trial | ||||||
8 | counsel as provided under Sections 10 and 15 of the | ||||||
9 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
10 | apply until the conclusion of the trial of the case, even | ||||||
11 | if the prosecution chooses not to pursue the death penalty | ||||||
12 | prior to trial or sentencing. | ||||||
13 | (o) Information that is prohibited from being | ||||||
14 | disclosed under Section 4 of the Illinois Health and | ||||||
15 | Hazardous Substances Registry Act. | ||||||
16 | (p) Security portions of system safety program plans, | ||||||
17 | investigation reports, surveys, schedules, lists, data, or | ||||||
18 | information compiled, collected, or prepared by or for the | ||||||
19 | Department of Transportation under Sections 2705-300 and | ||||||
20 | 2705-616 of the Department of Transportation Law of the | ||||||
21 | Civil Administrative Code of Illinois, the Regional | ||||||
22 | Transportation Authority under Section 2.11 of the | ||||||
23 | Regional Transportation Authority Act, or the St. Clair | ||||||
24 | County Transit District under the Bi-State Transit Safety | ||||||
25 | Act (repealed) . | ||||||
26 | (q) Information prohibited from being disclosed by the |
| |||||||
| |||||||
1 | Personnel Record Review Act. | ||||||
2 | (r) Information prohibited from being disclosed by the | ||||||
3 | Illinois School Student Records Act. | ||||||
4 | (s) Information the disclosure of which is restricted | ||||||
5 | under Section 5-108 of the Public Utilities Act. | ||||||
6 | (t) (Blank). | ||||||
7 | (u) Records and information provided to an independent | ||||||
8 | team of experts under the Developmental Disability and | ||||||
9 | Mental Health Safety Act (also known as Brian's Law). | ||||||
10 | (v) Names and information of people who have applied | ||||||
11 | for or received Firearm Owner's Identification Cards under | ||||||
12 | the Firearm Owners Identification Card Act or applied for | ||||||
13 | or received a concealed carry license under the Firearm | ||||||
14 | Concealed Carry Act, unless otherwise authorized by the | ||||||
15 | Firearm Concealed Carry Act; and databases under the | ||||||
16 | Firearm Concealed Carry Act, records of the Concealed | ||||||
17 | Carry Licensing Review Board under the Firearm Concealed | ||||||
18 | Carry Act, and law enforcement agency objections under the | ||||||
19 | Firearm Concealed Carry Act. | ||||||
20 | (v-5) Records of the Firearm Owner's Identification | ||||||
21 | Card Review Board that are exempted from disclosure under | ||||||
22 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
23 | (w) Personally identifiable information which is | ||||||
24 | exempted from disclosure under subsection (g) of Section | ||||||
25 | 19.1 of the Toll Highway Act. | ||||||
26 | (x) Information which is exempted from disclosure |
| |||||||
| |||||||
1 | under Section 5-1014.3 of the Counties Code or Section | ||||||
2 | 8-11-21 of the Illinois Municipal Code. | ||||||
3 | (y) Confidential information under the Adult | ||||||
4 | Protective Services Act and its predecessor enabling | ||||||
5 | statute, the Elder Abuse and Neglect Act, including | ||||||
6 | information about the identity and administrative finding | ||||||
7 | against any caregiver of a verified and substantiated | ||||||
8 | decision of abuse, neglect, or financial exploitation of | ||||||
9 | an eligible adult maintained in the Registry established | ||||||
10 | under Section 7.5 of the Adult Protective Services Act. | ||||||
11 | (z) Records and information provided to a fatality | ||||||
12 | review team or the Illinois Fatality Review Team Advisory | ||||||
13 | Council under Section 15 of the Adult Protective Services | ||||||
14 | Act. | ||||||
15 | (aa) Information which is exempted from disclosure | ||||||
16 | under Section 2.37 of the Wildlife Code. | ||||||
17 | (bb) Information which is or was prohibited from | ||||||
18 | disclosure by the Juvenile Court Act of 1987. | ||||||
19 | (cc) Recordings made under the Law Enforcement | ||||||
20 | Officer-Worn Body Camera Act, except to the extent | ||||||
21 | authorized under that Act. | ||||||
22 | (dd) Information that is prohibited from being | ||||||
23 | disclosed under Section 45 of the Condominium and Common | ||||||
24 | Interest Community Ombudsperson Act. | ||||||
25 | (ee) Information that is exempted from disclosure | ||||||
26 | under Section 30.1 of the Pharmacy Practice Act. |
| |||||||
| |||||||
1 | (ff) Information that is exempted from disclosure | ||||||
2 | under the Revised Uniform Unclaimed Property Act. | ||||||
3 | (gg) Information that is prohibited from being | ||||||
4 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
5 | Code. | ||||||
6 | (hh) Records that are exempt from disclosure under | ||||||
7 | Section 1A-16.7 of the Election Code. | ||||||
8 | (ii) Information which is exempted from disclosure | ||||||
9 | under Section 2505-800 of the Department of Revenue Law of | ||||||
10 | the Civil Administrative Code of Illinois. | ||||||
11 | (jj) Information and reports that are required to be | ||||||
12 | submitted to the Department of Labor by registering day | ||||||
13 | and temporary labor service agencies but are exempt from | ||||||
14 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
15 | and Temporary Labor Services Act. | ||||||
16 | (kk) Information prohibited from disclosure under the | ||||||
17 | Seizure and Forfeiture Reporting Act. | ||||||
18 | (ll) Information the disclosure of which is restricted | ||||||
19 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
20 | Aid Code. | ||||||
21 | (mm) Records that are exempt from disclosure under | ||||||
22 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
23 | (nn) Information that is exempt from disclosure under | ||||||
24 | Section 70 of the Higher Education Student Assistance Act. | ||||||
25 | (oo) Communications, notes, records, and reports | ||||||
26 | arising out of a peer support counseling session |
| |||||||
| |||||||
1 | prohibited from disclosure under the First Responders | ||||||
2 | Suicide Prevention Act. | ||||||
3 | (pp) Names and all identifying information relating to | ||||||
4 | an employee of an emergency services provider or law | ||||||
5 | enforcement agency under the First Responders Suicide | ||||||
6 | Prevention Act. | ||||||
7 | (qq) Information and records held by the Department of | ||||||
8 | Public Health and its authorized representatives collected | ||||||
9 | under the Reproductive Health Act. | ||||||
10 | (rr) Information that is exempt from disclosure under | ||||||
11 | the Cannabis Regulation and Tax Act. | ||||||
12 | (ss) Data reported by an employer to the Department of | ||||||
13 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
14 | Human Rights Act. | ||||||
15 | (tt) Recordings made under the Children's Advocacy | ||||||
16 | Center Act, except to the extent authorized under that | ||||||
17 | Act. | ||||||
18 | (uu) Information that is exempt from disclosure under | ||||||
19 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
20 | (vv) Information that is exempt from disclosure under | ||||||
21 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
22 | Public Aid Code. | ||||||
23 | (ww) Information that is exempt from disclosure under | ||||||
24 | Section 16.8 of the State Treasurer Act. | ||||||
25 | (xx) Information that is exempt from disclosure or | ||||||
26 | information that shall not be made public under the |
| |||||||
| |||||||
1 | Illinois Insurance Code. | ||||||
2 | (yy) Information prohibited from being disclosed under | ||||||
3 | the Illinois Educational Labor Relations Act. | ||||||
4 | (zz) Information prohibited from being disclosed under | ||||||
5 | the Illinois Public Labor Relations Act. | ||||||
6 | (aaa) Information prohibited from being disclosed | ||||||
7 | under Section 1-167 of the Illinois Pension Code. | ||||||
8 | (bbb) Information that is prohibited from disclosure | ||||||
9 | by the Illinois Police Training Act and the Illinois State | ||||||
10 | Police Act. | ||||||
11 | (ccc) Records exempt from disclosure under Section | ||||||
12 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
13 | Administrative Code of Illinois. | ||||||
14 | (ddd) Information prohibited from being disclosed | ||||||
15 | under Section 35 of the Address Confidentiality for | ||||||
16 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
17 | Trafficking, or Stalking Act. | ||||||
18 | (eee) Information prohibited from being disclosed | ||||||
19 | under subsection (b) of Section 75 of the Domestic | ||||||
20 | Violence Fatality Review Act. | ||||||
21 | (fff) Images from cameras under the Expressway Camera | ||||||
22 | Act. This subsection (fff) is inoperative on and after | ||||||
23 | July 1, 2025. | ||||||
24 | (ggg) Information prohibited from disclosure under | ||||||
25 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
26 | Agency Licensing Act. |
| |||||||
| |||||||
1 | (hhh) Information submitted to the Illinois State | ||||||
2 | Police in an affidavit or application for an assault | ||||||
3 | weapon endorsement, assault weapon attachment endorsement, | ||||||
4 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
5 | endorsement under the Firearm Owners Identification Card | ||||||
6 | Act. | ||||||
7 | (iii) Data exempt from disclosure under Section 50 of | ||||||
8 | the School Safety Drill Act. | ||||||
9 | (jjj) (hhh) Information exempt from disclosure under | ||||||
10 | Section 30 of the Insurance Data Security Law. | ||||||
11 | (kkk) (iii) Confidential business information | ||||||
12 | prohibited from disclosure under Section 45 of the Paint | ||||||
13 | Stewardship Act. | ||||||
14 | (lll) (Reserved). | ||||||
15 | (mmm) (iii) Information prohibited from being | ||||||
16 | disclosed under subsection (e) of Section 1-129 of the | ||||||
17 | Illinois Power Agency Act. | ||||||
18 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
19 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
20 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
21 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
22 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
23 | eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; | ||||||
24 | revised 1-2-24.)
| ||||||
25 | (Text of Section after amendment by P.A. 103-472 ) |
| |||||||
| |||||||
1 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
2 | by the statutes referenced below, the following shall be | ||||||
3 | exempt from inspection and copying: | ||||||
4 | (a) All information determined to be confidential | ||||||
5 | under Section 4002 of the Technology Advancement and | ||||||
6 | Development Act. | ||||||
7 | (b) Library circulation and order records identifying | ||||||
8 | library users with specific materials under the Library | ||||||
9 | Records Confidentiality Act. | ||||||
10 | (c) Applications, related documents, and medical | ||||||
11 | records received by the Experimental Organ Transplantation | ||||||
12 | Procedures Board and any and all documents or other | ||||||
13 | records prepared by the Experimental Organ Transplantation | ||||||
14 | Procedures Board or its staff relating to applications it | ||||||
15 | has received. | ||||||
16 | (d) Information and records held by the Department of | ||||||
17 | Public Health and its authorized representatives relating | ||||||
18 | to known or suspected cases of sexually transmissible | ||||||
19 | disease or any information the disclosure of which is | ||||||
20 | restricted under the Illinois Sexually Transmissible | ||||||
21 | Disease Control Act. | ||||||
22 | (e) Information the disclosure of which is exempted | ||||||
23 | under Section 30 of the Radon Industry Licensing Act. | ||||||
24 | (f) Firm performance evaluations under Section 55 of | ||||||
25 | the Architectural, Engineering, and Land Surveying | ||||||
26 | Qualifications Based Selection Act. |
| |||||||
| |||||||
1 | (g) Information the disclosure of which is restricted | ||||||
2 | and exempted under Section 50 of the Illinois Prepaid | ||||||
3 | Tuition Act. | ||||||
4 | (h) Information the disclosure of which is exempted | ||||||
5 | under the State Officials and Employees Ethics Act, and | ||||||
6 | records of any lawfully created State or local inspector | ||||||
7 | general's office that would be exempt if created or | ||||||
8 | obtained by an Executive Inspector General's office under | ||||||
9 | that Act. | ||||||
10 | (i) Information contained in a local emergency energy | ||||||
11 | plan submitted to a municipality in accordance with a | ||||||
12 | local emergency energy plan ordinance that is adopted | ||||||
13 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
14 | (j) Information and data concerning the distribution | ||||||
15 | of surcharge moneys collected and remitted by carriers | ||||||
16 | under the Emergency Telephone System Act. | ||||||
17 | (k) Law enforcement officer identification information | ||||||
18 | or driver identification information compiled by a law | ||||||
19 | enforcement agency or the Department of Transportation | ||||||
20 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
21 | (l) Records and information provided to a residential | ||||||
22 | health care facility resident sexual assault and death | ||||||
23 | review team or the Executive Council under the Abuse | ||||||
24 | Prevention Review Team Act. | ||||||
25 | (m) Information provided to the predatory lending | ||||||
26 | database created pursuant to Article 3 of the Residential |
| |||||||
| |||||||
1 | Real Property Disclosure Act, except to the extent | ||||||
2 | authorized under that Article. | ||||||
3 | (n) Defense budgets and petitions for certification of | ||||||
4 | compensation and expenses for court-appointed court | ||||||
5 | appointed trial counsel as provided under Sections 10 and | ||||||
6 | 15 of the Capital Crimes Litigation Act of 2024 . This | ||||||
7 | subsection (n) shall apply until the conclusion of the | ||||||
8 | trial of the case, even if the prosecution chooses not to | ||||||
9 | pursue the death penalty prior to trial or sentencing. | ||||||
10 | (o) Information that is prohibited from being | ||||||
11 | disclosed under Section 4 of the Illinois Health and | ||||||
12 | Hazardous Substances Registry Act. | ||||||
13 | (p) Security portions of system safety program plans, | ||||||
14 | investigation reports, surveys, schedules, lists, data, or | ||||||
15 | information compiled, collected, or prepared by or for the | ||||||
16 | Department of Transportation under Sections 2705-300 and | ||||||
17 | 2705-616 of the Department of Transportation Law of the | ||||||
18 | Civil Administrative Code of Illinois, the Regional | ||||||
19 | Transportation Authority under Section 2.11 of the | ||||||
20 | Regional Transportation Authority Act, or the St. Clair | ||||||
21 | County Transit District under the Bi-State Transit Safety | ||||||
22 | Act (repealed) . | ||||||
23 | (q) Information prohibited from being disclosed by the | ||||||
24 | Personnel Record Review Act. | ||||||
25 | (r) Information prohibited from being disclosed by the | ||||||
26 | Illinois School Student Records Act. |
| |||||||
| |||||||
1 | (s) Information the disclosure of which is restricted | ||||||
2 | under Section 5-108 of the Public Utilities Act. | ||||||
3 | (t) (Blank). | ||||||
4 | (u) Records and information provided to an independent | ||||||
5 | team of experts under the Developmental Disability and | ||||||
6 | Mental Health Safety Act (also known as Brian's Law). | ||||||
7 | (v) Names and information of people who have applied | ||||||
8 | for or received Firearm Owner's Identification Cards under | ||||||
9 | the Firearm Owners Identification Card Act or applied for | ||||||
10 | or received a concealed carry license under the Firearm | ||||||
11 | Concealed Carry Act, unless otherwise authorized by the | ||||||
12 | Firearm Concealed Carry Act; and databases under the | ||||||
13 | Firearm Concealed Carry Act, records of the Concealed | ||||||
14 | Carry Licensing Review Board under the Firearm Concealed | ||||||
15 | Carry Act, and law enforcement agency objections under the | ||||||
16 | Firearm Concealed Carry Act. | ||||||
17 | (v-5) Records of the Firearm Owner's Identification | ||||||
18 | Card Review Board that are exempted from disclosure under | ||||||
19 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
20 | (w) Personally identifiable information which is | ||||||
21 | exempted from disclosure under subsection (g) of Section | ||||||
22 | 19.1 of the Toll Highway Act. | ||||||
23 | (x) Information which is exempted from disclosure | ||||||
24 | under Section 5-1014.3 of the Counties Code or Section | ||||||
25 | 8-11-21 of the Illinois Municipal Code. | ||||||
26 | (y) Confidential information under the Adult |
| |||||||
| |||||||
1 | Protective Services Act and its predecessor enabling | ||||||
2 | statute, the Elder Abuse and Neglect Act, including | ||||||
3 | information about the identity and administrative finding | ||||||
4 | against any caregiver of a verified and substantiated | ||||||
5 | decision of abuse, neglect, or financial exploitation of | ||||||
6 | an eligible adult maintained in the Registry established | ||||||
7 | under Section 7.5 of the Adult Protective Services Act. | ||||||
8 | (z) Records and information provided to a fatality | ||||||
9 | review team or the Illinois Fatality Review Team Advisory | ||||||
10 | Council under Section 15 of the Adult Protective Services | ||||||
11 | Act. | ||||||
12 | (aa) Information which is exempted from disclosure | ||||||
13 | under Section 2.37 of the Wildlife Code. | ||||||
14 | (bb) Information which is or was prohibited from | ||||||
15 | disclosure by the Juvenile Court Act of 1987. | ||||||
16 | (cc) Recordings made under the Law Enforcement | ||||||
17 | Officer-Worn Body Camera Act, except to the extent | ||||||
18 | authorized under that Act. | ||||||
19 | (dd) Information that is prohibited from being | ||||||
20 | disclosed under Section 45 of the Condominium and Common | ||||||
21 | Interest Community Ombudsperson Act. | ||||||
22 | (ee) Information that is exempted from disclosure | ||||||
23 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
24 | (ff) Information that is exempted from disclosure | ||||||
25 | under the Revised Uniform Unclaimed Property Act. | ||||||
26 | (gg) Information that is prohibited from being |
| |||||||
| |||||||
1 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
2 | Code. | ||||||
3 | (hh) Records that are exempt from disclosure under | ||||||
4 | Section 1A-16.7 of the Election Code. | ||||||
5 | (ii) Information which is exempted from disclosure | ||||||
6 | under Section 2505-800 of the Department of Revenue Law of | ||||||
7 | the Civil Administrative Code of Illinois. | ||||||
8 | (jj) Information and reports that are required to be | ||||||
9 | submitted to the Department of Labor by registering day | ||||||
10 | and temporary labor service agencies but are exempt from | ||||||
11 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
12 | and Temporary Labor Services Act. | ||||||
13 | (kk) Information prohibited from disclosure under the | ||||||
14 | Seizure and Forfeiture Reporting Act. | ||||||
15 | (ll) Information the disclosure of which is restricted | ||||||
16 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
17 | Aid Code. | ||||||
18 | (mm) Records that are exempt from disclosure under | ||||||
19 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
20 | (nn) Information that is exempt from disclosure under | ||||||
21 | Section 70 of the Higher Education Student Assistance Act. | ||||||
22 | (oo) Communications, notes, records, and reports | ||||||
23 | arising out of a peer support counseling session | ||||||
24 | prohibited from disclosure under the First Responders | ||||||
25 | Suicide Prevention Act. | ||||||
26 | (pp) Names and all identifying information relating to |
| |||||||
| |||||||
1 | an employee of an emergency services provider or law | ||||||
2 | enforcement agency under the First Responders Suicide | ||||||
3 | Prevention Act. | ||||||
4 | (qq) Information and records held by the Department of | ||||||
5 | Public Health and its authorized representatives collected | ||||||
6 | under the Reproductive Health Act. | ||||||
7 | (rr) Information that is exempt from disclosure under | ||||||
8 | the Cannabis Regulation and Tax Act. | ||||||
9 | (ss) Data reported by an employer to the Department of | ||||||
10 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
11 | Human Rights Act. | ||||||
12 | (tt) Recordings made under the Children's Advocacy | ||||||
13 | Center Act, except to the extent authorized under that | ||||||
14 | Act. | ||||||
15 | (uu) Information that is exempt from disclosure under | ||||||
16 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
17 | (vv) Information that is exempt from disclosure under | ||||||
18 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
19 | Public Aid Code. | ||||||
20 | (ww) Information that is exempt from disclosure under | ||||||
21 | Section 16.8 of the State Treasurer Act. | ||||||
22 | (xx) Information that is exempt from disclosure or | ||||||
23 | information that shall not be made public under the | ||||||
24 | Illinois Insurance Code. | ||||||
25 | (yy) Information prohibited from being disclosed under | ||||||
26 | the Illinois Educational Labor Relations Act. |
| |||||||
| |||||||
1 | (zz) Information prohibited from being disclosed under | ||||||
2 | the Illinois Public Labor Relations Act. | ||||||
3 | (aaa) Information prohibited from being disclosed | ||||||
4 | under Section 1-167 of the Illinois Pension Code. | ||||||
5 | (bbb) Information that is prohibited from disclosure | ||||||
6 | by the Illinois Police Training Act and the Illinois State | ||||||
7 | Police Act. | ||||||
8 | (ccc) Records exempt from disclosure under Section | ||||||
9 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
10 | Administrative Code of Illinois. | ||||||
11 | (ddd) Information prohibited from being disclosed | ||||||
12 | under Section 35 of the Address Confidentiality for | ||||||
13 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
14 | Trafficking, or Stalking Act. | ||||||
15 | (eee) Information prohibited from being disclosed | ||||||
16 | under subsection (b) of Section 75 of the Domestic | ||||||
17 | Violence Fatality Review Act. | ||||||
18 | (fff) Images from cameras under the Expressway Camera | ||||||
19 | Act. This subsection (fff) is inoperative on and after | ||||||
20 | July 1, 2025. | ||||||
21 | (ggg) Information prohibited from disclosure under | ||||||
22 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
23 | Agency Licensing Act. | ||||||
24 | (hhh) Information submitted to the Illinois State | ||||||
25 | Police in an affidavit or application for an assault | ||||||
26 | weapon endorsement, assault weapon attachment endorsement, |
| |||||||
| |||||||
1 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
2 | endorsement under the Firearm Owners Identification Card | ||||||
3 | Act. | ||||||
4 | (iii) Data exempt from disclosure under Section 50 of | ||||||
5 | the School Safety Drill Act. | ||||||
6 | (jjj) (hhh) Information exempt from disclosure under | ||||||
7 | Section 30 of the Insurance Data Security Law. | ||||||
8 | (kkk) (iii) Confidential business information | ||||||
9 | prohibited from disclosure under Section 45 of the Paint | ||||||
10 | Stewardship Act. | ||||||
11 | (lll) (iii) Data exempt from disclosure under Section | ||||||
12 | 2-3.196 of the School Code. | ||||||
13 | (mmm) (iii) Information prohibited from being | ||||||
14 | disclosed under subsection (e) of Section 1-129 of the | ||||||
15 | Illinois Power Agency Act. | ||||||
16 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
17 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
18 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
19 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
20 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
21 | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||||||
22 | 103-580, eff. 12-8-23; revised 1-2-24.)
| ||||||
23 | Section 905. The State Finance Act is amended by adding | ||||||
24 | Section 5.1015 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.1015 new) | ||||||
2 | Sec. 5.1015. The Capital Litigation Trust Fund.
| ||||||
3 | (30 ILCS 105/5.790 rep.) | ||||||
4 | Section 910. The State Finance Act is amended by repealing | ||||||
5 | Section 5.790.
| ||||||
6 | Section 915. The Code of Criminal Procedure of 1963 is | ||||||
7 | amended by changing Sections 113-3 and 119-1 as follows:
| ||||||
8 | (725 ILCS 5/113-3) (from Ch. 38, par. 113-3) | ||||||
9 | Sec. 113-3. (a) Every person charged with an offense shall | ||||||
10 | be allowed counsel before pleading to the charge. If the | ||||||
11 | defendant desires counsel and has been unable to obtain same | ||||||
12 | before arraignment the court shall recess court or continue | ||||||
13 | the cause for a reasonable time to permit defendant to obtain | ||||||
14 | counsel and consult with him before pleading to the charge. If | ||||||
15 | the accused is a dissolved corporation, and is not represented | ||||||
16 | by counsel, the court may, in the interest of justice, appoint | ||||||
17 | as counsel a licensed attorney of this State. | ||||||
18 | (b) In all cases, except where the penalty is a fine only, | ||||||
19 | if the court determines that the defendant is indigent and | ||||||
20 | desires counsel, the Public Defender shall be appointed as | ||||||
21 | counsel. If there is no Public Defender in the county or if the | ||||||
22 | defendant requests counsel other than the Public Defender and | ||||||
23 | the court finds that the rights of the defendant will be |
| |||||||
| |||||||
1 | prejudiced by the appointment of the Public Defender, the | ||||||
2 | court shall appoint as counsel a licensed attorney at law of | ||||||
3 | this State, except that in a county having a population of | ||||||
4 | 2,000,000 or more the Public Defender shall be appointed as | ||||||
5 | counsel in all misdemeanor cases where the defendant is | ||||||
6 | indigent and desires counsel unless the case involves multiple | ||||||
7 | defendants, in which case the court may appoint counsel other | ||||||
8 | than the Public Defender for the additional defendants. The | ||||||
9 | court shall require an affidavit signed by any defendant who | ||||||
10 | requests court-appointed counsel. Such affidavit shall be in | ||||||
11 | the form established by the Supreme Court containing | ||||||
12 | sufficient information to ascertain the assets and liabilities | ||||||
13 | of that defendant. The Court may direct the Clerk of the | ||||||
14 | Circuit Court to assist the defendant in the completion of the | ||||||
15 | affidavit. Any person who knowingly files such affidavit | ||||||
16 | containing false information concerning his assets and | ||||||
17 | liabilities shall be liable to the county where the case, in | ||||||
18 | which such false affidavit is filed, is pending for the | ||||||
19 | reasonable value of the services rendered by the public | ||||||
20 | defender or other court-appointed counsel in the case to the | ||||||
21 | extent that such services were unjustly or falsely procured. | ||||||
22 | (c) Upon the filing with the court of a verified statement | ||||||
23 | of services rendered the court shall order the county | ||||||
24 | treasurer of the county of trial to pay counsel other than the | ||||||
25 | Public Defender a reasonable fee. The court shall consider all | ||||||
26 | relevant circumstances, including but not limited to the time |
| |||||||
| |||||||
1 | spent while court is in session, other time spent in | ||||||
2 | representing the defendant, and expenses reasonably incurred | ||||||
3 | by counsel. In counties with a population greater than | ||||||
4 | 2,000,000, the court shall order the county treasurer of the | ||||||
5 | county of trial to pay counsel other than the Public Defender a | ||||||
6 | reasonable fee stated in the order and based upon a rate of | ||||||
7 | compensation of not more than $40 for each hour spent while | ||||||
8 | court is in session and not more than $30 for each hour | ||||||
9 | otherwise spent representing a defendant, and such | ||||||
10 | compensation shall not exceed $150 for each defendant | ||||||
11 | represented in misdemeanor cases and $1250 in felony cases, in | ||||||
12 | addition to expenses reasonably incurred as hereinafter in | ||||||
13 | this Section provided, except that, in extraordinary | ||||||
14 | circumstances, payment in excess of the limits herein stated | ||||||
15 | may be made if the trial court certifies that such payment is | ||||||
16 | necessary to provide fair compensation for protracted | ||||||
17 | representation. A trial court may entertain the filing of this | ||||||
18 | verified statement before the termination of the cause, and | ||||||
19 | may order the provisional payment of sums during the pendency | ||||||
20 | of the cause. | ||||||
21 | (d) In capital cases, in addition to counsel, if the court | ||||||
22 | determines that the defendant is indigent the court may, upon | ||||||
23 | the filing with the court of a verified statement of services | ||||||
24 | rendered, order the county Treasurer of the county of trial to | ||||||
25 | pay necessary expert witnesses for defendant reasonable | ||||||
26 | compensation stated in the order not to exceed $250 for each |
| |||||||
| |||||||
1 | defendant. | ||||||
2 | (e) If the court in any county having a population greater | ||||||
3 | than 2,000,000 determines that the defendant is indigent the | ||||||
4 | court may, upon the filing with the court of a verified | ||||||
5 | statement of such expenses, order the county treasurer of the | ||||||
6 | county of trial, in such counties having a population greater | ||||||
7 | than 2,000,000 to pay the general expenses of the trial | ||||||
8 | incurred by the defendant not to exceed $50 for each | ||||||
9 | defendant. | ||||||
10 | (f) The provisions of this Section relating to appointment | ||||||
11 | of counsel, compensation of counsel, and payment of expenses | ||||||
12 | in capital cases apply except when the compensation and | ||||||
13 | expenses are being provided under the Capital Crimes | ||||||
14 | Litigation Act of 2024 . | ||||||
15 | (Source: P.A. 91-589, eff. 1-1-00.)
| ||||||
16 | (725 ILCS 5/119-1) | ||||||
17 | Sec. 119-1. Death penalty restored abolished . | ||||||
18 | (a) (Blank). Beginning on the effective date of this | ||||||
19 | amendatory Act of the 96th General Assembly, notwithstanding | ||||||
20 | any other law to the contrary, the death penalty is abolished | ||||||
21 | and a sentence to death may not be imposed. | ||||||
22 | (b) All unobligated and unexpended moneys remaining in the | ||||||
23 | Capital Litigation Trust Fund on the effective date of this | ||||||
24 | amendatory Act of the 96th General Assembly shall be | ||||||
25 | transferred into the Death Penalty Abolition Fund on the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 103rd General | ||||||
2 | Assembly shall be transferred into the Capital Litigation | ||||||
3 | Trust Fund , a special fund in the State treasury, to be | ||||||
4 | expended by the Illinois Criminal Justice Information | ||||||
5 | Authority, for services for families of victims of homicide or | ||||||
6 | murder and for training of law enforcement personnel . | ||||||
7 | (Source: P.A. 96-1543, eff. 7-1-11 .)
| ||||||
8 | Section 920. The State Appellate Defender Act is amended | ||||||
9 | by changing Section 10 as follows:
| ||||||
10 | (725 ILCS 105/10) (from Ch. 38, par. 208-10) | ||||||
11 | Sec. 10. Powers and duties of State Appellate Defender. | ||||||
12 | (a) The State Appellate Defender shall represent indigent | ||||||
13 | persons on appeal in criminal and delinquent minor | ||||||
14 | proceedings, when appointed to do so by a court under a Supreme | ||||||
15 | Court Rule or law of this State. | ||||||
16 | (b) The State Appellate Defender shall submit a budget for | ||||||
17 | the approval of the State Appellate Defender Commission. | ||||||
18 | (c) The State Appellate Defender may: | ||||||
19 | (1) maintain a panel of private attorneys available to | ||||||
20 | serve as counsel on a case basis; | ||||||
21 | (2) establish programs, alone or in conjunction with | ||||||
22 | law schools, for the purpose of utilizing volunteer law | ||||||
23 | students as legal assistants; | ||||||
24 | (3) cooperate and consult with state agencies, |
| |||||||
| |||||||
1 | professional associations, and other groups concerning the | ||||||
2 | causes of criminal conduct, the rehabilitation and | ||||||
3 | correction of persons charged with and convicted of crime, | ||||||
4 | the administration of criminal justice, and, in counties | ||||||
5 | of less than 1,000,000 population, study, design, develop | ||||||
6 | and implement model systems for the delivery of trial | ||||||
7 | level defender services, and make an annual report to the | ||||||
8 | General Assembly; | ||||||
9 | (4) hire investigators to provide investigative | ||||||
10 | services to appointed counsel and county public defenders; | ||||||
11 | (5) (blank); | ||||||
12 | (5.1) in cases in which a death sentence is an | ||||||
13 | authorized disposition, provide trial counsel with legal | ||||||
14 | assistance and the assistance of expert witnesses, | ||||||
15 | investigators, and mitigation specialists from funds | ||||||
16 | appropriated to the State Appellate Defender specifically | ||||||
17 | for that purpose by the General Assembly. The Office of | ||||||
18 | State Appellate Defender shall not be appointed to serve | ||||||
19 | as trial counsel in capital cases; | ||||||
20 | (5.5) provide training to county public defenders; | ||||||
21 | (5.7) provide county public defenders with the | ||||||
22 | assistance of expert witnesses and investigators from | ||||||
23 | funds appropriated to the State Appellate Defender | ||||||
24 | specifically for that purpose by the General Assembly. The | ||||||
25 | Office of the State Appellate Defender shall not be | ||||||
26 | appointed to act as trial counsel; |
| |||||||
| |||||||
1 | (6) develop a Juvenile Defender Resource Center to: | ||||||
2 | (i) study, design, develop, and implement model systems | ||||||
3 | for the delivery of trial level defender services for | ||||||
4 | juveniles in the justice system; (ii) in cases in which a | ||||||
5 | sentence of incarceration or an adult sentence, or both, | ||||||
6 | is an authorized disposition, provide trial counsel with | ||||||
7 | legal advice and the assistance of expert witnesses and | ||||||
8 | investigators from funds appropriated to the Office of the | ||||||
9 | State Appellate Defender by the General Assembly | ||||||
10 | specifically for that purpose; (iii) develop and provide | ||||||
11 | training to public defenders on juvenile justice issues, | ||||||
12 | utilizing resources including the State and local bar | ||||||
13 | associations, the Illinois Public Defender Association, | ||||||
14 | law schools, the Midwest Juvenile Defender Center, and pro | ||||||
15 | bono efforts by law firms; and (iv) make an annual report | ||||||
16 | to the General Assembly. | ||||||
17 | Investigators employed by the Capital Trial Assistance | ||||||
18 | Unit and Capital Post Conviction Unit of the State Appellate | ||||||
19 | Defender shall be authorized to inquire through the Illinois | ||||||
20 | State Police or local law enforcement with the Law Enforcement | ||||||
21 | Agencies Data System (LEADS) under Section 2605-375 of the | ||||||
22 | Civil Administrative Code of Illinois to ascertain whether | ||||||
23 | their potential witnesses have a criminal background, | ||||||
24 | including, but not limited to: (i) warrants; (ii) arrests; | ||||||
25 | (iii) convictions; and (iv) officer safety information. This | ||||||
26 | authorization applies only to information held on the State |
| |||||||
| |||||||
1 | level and shall be used only to protect the personal safety of | ||||||
2 | the investigators. Any information that is obtained through | ||||||
3 | this inquiry may not be disclosed by the investigators. | ||||||
4 | (c-5) For each State fiscal year, the State Appellate | ||||||
5 | Defender shall request a direct appropriation from the Capital | ||||||
6 | Litigation Trust Fund for expenses incurred by the State | ||||||
7 | Appellate Defender in providing assistance to trial attorneys | ||||||
8 | under paragraph (5.1) of subsection (c) and for expenses | ||||||
9 | incurred by the State Appellate Defender in representing | ||||||
10 | petitioners in capital cases in post-conviction proceedings | ||||||
11 | under Article 122 of the Code of Criminal Procedure of 1963 and | ||||||
12 | in relation to petitions filed under Section 2-1401 of the | ||||||
13 | Code of Civil Procedure in relation to capital cases and for | ||||||
14 | the representation of those petitioners by attorneys approved | ||||||
15 | by or contracted with the State Appellate Defender and an | ||||||
16 | appropriation to the State Treasurer for payments from the | ||||||
17 | Trust Fund for the defense of cases in counties other than Cook | ||||||
18 | County. The State Appellate Defender may appear before the | ||||||
19 | General Assembly at other times during the State's fiscal year | ||||||
20 | to request supplemental appropriations from the Trust Fund to | ||||||
21 | the State Treasurer. | ||||||
22 | (d) (Blank). | ||||||
23 | (e) The requirement for reporting to the General Assembly | ||||||
24 | shall be satisfied by filing copies of the report as required | ||||||
25 | by Section 3.1 of the General Assembly Organization Act and | ||||||
26 | filing such additional copies with the State Government Report |
| |||||||
| |||||||
1 | Distribution Center for the General Assembly as is required | ||||||
2 | under paragraph (t) of Section 7 of the State Library Act. | ||||||
3 | (Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)
| ||||||
4 | Section 925. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-8-1 as follows:
| ||||||
6 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) | ||||||
7 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
8 | use of a firearm; mandatory supervised release terms. | ||||||
9 | (a) Except as otherwise provided in the statute defining | ||||||
10 | the offense or in Article 4.5 of Chapter V, a sentence of | ||||||
11 | imprisonment for a felony shall be a determinate sentence set | ||||||
12 | by the court under this Section, subject to Section 5-4.5-115 | ||||||
13 | of this Code, according to the following limitations: | ||||||
14 | (1) for first degree murder, | ||||||
15 | (a) (blank), | ||||||
16 | (a-1) if the defendant had at the time of the | ||||||
17 | commission of the offense attained 18 years of age or | ||||||
18 | more, the court may sentence the defendant to death | ||||||
19 | under the procedures described in subsections (a-2) | ||||||
20 | through (a-11) if: | ||||||
21 | (1) the murdered individual was a peace | ||||||
22 | officer killed in the course of performing his or | ||||||
23 | her official duties, to prevent the performance of | ||||||
24 | his or her official duties, or in retaliation for |
| |||||||
| |||||||
1 | performing his or her official duties, and the | ||||||
2 | defendant knew or should have known that the | ||||||
3 | murdered individual was so employed; | ||||||
4 | (2) the murdered individual was an employee of | ||||||
5 | an institution or facility of the Department of | ||||||
6 | Corrections, or any similar local correctional | ||||||
7 | agency, killed in the course of performing his or | ||||||
8 | her official duties, to prevent the performance of | ||||||
9 | his or her official duties, or in retaliation for | ||||||
10 | performing his or her official duties; or | ||||||
11 | (3) the murdered individual was a member of a | ||||||
12 | congregation engaged in prayer or other religious | ||||||
13 | activities at a church, synagogue, mosque, or | ||||||
14 | other building, structure, or place used for | ||||||
15 | religious worship. | ||||||
16 | (a-2) The court shall consider, or shall instruct | ||||||
17 | the jury to consider, any aggravating and any | ||||||
18 | mitigating factors which are relevant to the | ||||||
19 | imposition of the death penalty. Aggravating factors | ||||||
20 | may include, but need not be limited to, those factors | ||||||
21 | set forth in subsections (b) and (b-5). Mitigating | ||||||
22 | factors may include but need not be limited to the | ||||||
23 | following: | ||||||
24 | (1) the defendant has no significant history | ||||||
25 | of prior criminal activity; | ||||||
26 | (2) the murder was committed while the |
| |||||||
| |||||||
1 | defendant was under the influence of extreme | ||||||
2 | mental or emotional disturbance, although not such | ||||||
3 | as to constitute a defense to prosecution; | ||||||
4 | (3) the murdered individual was a participant | ||||||
5 | in the defendant's homicidal conduct or consented | ||||||
6 | to the homicidal act; | ||||||
7 | (4) the defendant acted under the compulsion | ||||||
8 | of threat or menace of the imminent infliction of | ||||||
9 | death or great bodily harm; | ||||||
10 | (5) the defendant was not personally present | ||||||
11 | during commission of the act or acts causing | ||||||
12 | death; | ||||||
13 | (6) the defendant's background includes a | ||||||
14 | history of extreme emotional or physical abuse; | ||||||
15 | (7) the defendant suffers from a reduced | ||||||
16 | mental capacity. Provided, however, that an action | ||||||
17 | that does not otherwise mitigate first degree | ||||||
18 | murder cannot qualify as a mitigating factor for | ||||||
19 | first degree murder because of the discovery, | ||||||
20 | knowledge, or disclosure of the victim's sexual | ||||||
21 | orientation as defined in Section 1-103 of the | ||||||
22 | Illinois Human Rights Act. | ||||||
23 | (a-3) If requested by the State, the court shall | ||||||
24 | conduct a separate sentencing proceeding to determine | ||||||
25 | the existence of factors set forth in subsections (b) | ||||||
26 | and (b-5) and to consider any aggravating or |
| |||||||
| |||||||
1 | mitigating factors as indicated in this subsection | ||||||
2 | (a-2). The proceeding shall be conducted: | ||||||
3 | (1) before the jury that determined the | ||||||
4 | defendant's guilt; or | ||||||
5 | (2) before a jury impanelled for the purpose | ||||||
6 | of the proceeding if: | ||||||
7 | (A) the defendant was convicted upon a | ||||||
8 | plea of guilty; or | ||||||
9 | (B) the defendant was convicted after a | ||||||
10 | trial before the court sitting without a jury; | ||||||
11 | or | ||||||
12 | (C) the court for good cause shown | ||||||
13 | discharges the jury that determined the | ||||||
14 | defendant's guilt; or | ||||||
15 | (3) before the court alone if the defendant | ||||||
16 | waives a jury for the separate proceeding. | ||||||
17 | (a-4) During the proceeding any information | ||||||
18 | relevant to any of the factors set forth in | ||||||
19 | subsections (b) and (b-5) may be presented by either | ||||||
20 | the State or the defendant under the rules governing | ||||||
21 | the admission of evidence at criminal trials. Any | ||||||
22 | information relevant to any additional aggravating | ||||||
23 | factors or any mitigating factors indicated in | ||||||
24 | subsection (a-2) may be presented by the State or | ||||||
25 | defendant regardless of its admissibility under the | ||||||
26 | rules governing the admission of evidence at criminal |
| |||||||
| |||||||
1 | trials. The State and the defendant shall be given | ||||||
2 | fair opportunity to rebut any information received at | ||||||
3 | the hearing. | ||||||
4 | (a-5) The burden of proof of establishing the | ||||||
5 | existence of any of the factors set forth in | ||||||
6 | subsections (b) and (b-5) is on the State and shall not | ||||||
7 | be satisfied unless established beyond a reasonable | ||||||
8 | doubt. | ||||||
9 | (a-6) If at the separate sentencing proceeding the | ||||||
10 | jury finds that none of the factors set forth in | ||||||
11 | subsections (b) and (b-5) exists, the court shall | ||||||
12 | sentence the defendant to a term of imprisonment under | ||||||
13 | Chapter V. If there is a unanimous finding by the jury | ||||||
14 | that one or more of the factors set forth in | ||||||
15 | subsections (b) and (b-5) exist, the jury shall | ||||||
16 | consider aggravating and mitigating factors as | ||||||
17 | instructed by the court and shall determine whether | ||||||
18 | the sentence of death shall be imposed. If the jury | ||||||
19 | determines unanimously, after weighing the factors in | ||||||
20 | aggravation and mitigation, that death is the | ||||||
21 | appropriate sentence, the court shall sentence the | ||||||
22 | defendant to death. If the court does not concur with | ||||||
23 | the jury determination that death is the appropriate | ||||||
24 | sentence, the court shall set forth reasons in writing | ||||||
25 | including what facts or circumstances the court relied | ||||||
26 | upon, along with any relevant documents, that |
| |||||||
| |||||||
1 | compelled the court to non-concur with the sentence. | ||||||
2 | This document and any attachments shall be part of the | ||||||
3 | record for appellate review. The court shall be bound | ||||||
4 | by the jury's sentencing determination. If after | ||||||
5 | weighing the factors in aggravation and mitigation, | ||||||
6 | one or more jurors determines that death is not the | ||||||
7 | appropriate sentence, the court shall sentence the | ||||||
8 | defendant to a term of imprisonment under Chapter V of | ||||||
9 | the Unified Code of Corrections. | ||||||
10 | (a-7) In a proceeding before the court alone, if | ||||||
11 | the court finds that none of the factors found in | ||||||
12 | subsections (b) and (b-5) exists, the court shall | ||||||
13 | sentence the defendant to a term of imprisonment under | ||||||
14 | Chapter V of the Unified Code of Corrections. If the | ||||||
15 | Court determines that one or more of the factors set | ||||||
16 | forth in subsections (b) and (b-5) exists, the court | ||||||
17 | shall consider any aggravating and mitigating factors | ||||||
18 | as indicated in subsection (a-2). If the court | ||||||
19 | determines, after weighing the factors in aggravation | ||||||
20 | and mitigation, that death is the appropriate | ||||||
21 | sentence, the Court shall sentence the defendant to | ||||||
22 | death. If the court finds that death is not the | ||||||
23 | appropriate sentence, the court shall sentence the | ||||||
24 | defendant to a term of imprisonment under Chapter V of | ||||||
25 | the Unified Code of Corrections. | ||||||
26 | (a-8) In a case in which the defendant has been |
| |||||||
| |||||||
1 | found guilty of first degree murder by a judge or jury, | ||||||
2 | or a case on remand for resentencing, and the State | ||||||
3 | seeks the death penalty as an appropriate sentence, on | ||||||
4 | the court's own motion or the written motion of the | ||||||
5 | defendant, the court may decertify the case as a death | ||||||
6 | penalty case if the court finds that the only evidence | ||||||
7 | supporting the defendant's conviction is the | ||||||
8 | uncorroborated testimony of an informant witness, as | ||||||
9 | defined in Section 115-21 of the Code of Criminal | ||||||
10 | Procedure of 1963, concerning the confession or | ||||||
11 | admission of the defendant or that the sole evidence | ||||||
12 | against the defendant is a single eyewitness or single | ||||||
13 | accomplice without any other corroborating evidence. | ||||||
14 | If the court decertifies the case as a capital case | ||||||
15 | under either of the grounds set forth above, the court | ||||||
16 | shall issue a written finding. The State may pursue | ||||||
17 | its right to appeal the decertification pursuant to | ||||||
18 | Supreme Court Rule 604(a)(1). If the court does not | ||||||
19 | decertify the case as a capital case, the matter shall | ||||||
20 | proceed to the eligibility phase of the sentencing | ||||||
21 | hearing. | ||||||
22 | (a-9) The conviction and sentence of death shall | ||||||
23 | be subject to automatic review by the Supreme Court. | ||||||
24 | Such review shall be in accordance with rules | ||||||
25 | promulgated by the Supreme Court. The Illinois Supreme | ||||||
26 | Court may overturn the death sentence, and order the |
| |||||||
| |||||||
1 | imposition of imprisonment under Chapter V if the | ||||||
2 | court finds that the death sentence is fundamentally | ||||||
3 | unjust as applied to the particular case. If the | ||||||
4 | Illinois Supreme Court finds that the death sentence | ||||||
5 | is fundamentally unjust as applied to the particular | ||||||
6 | case, independent of any procedural grounds for | ||||||
7 | relief, the Illinois Supreme Court shall issue a | ||||||
8 | written opinion explaining this finding. | ||||||
9 | (a-10) If the death penalty in this amendatory Act | ||||||
10 | of the 103rd General Assembly is held to be | ||||||
11 | unconstitutional by the Supreme Court of the United | ||||||
12 | States or of the State of Illinois, any person | ||||||
13 | convicted of first degree murder shall be sentenced by | ||||||
14 | the court to a term of imprisonment under Chapter V. If | ||||||
15 | any death sentence pursuant to the sentencing | ||||||
16 | provisions of this Section is declared | ||||||
17 | unconstitutional by the Supreme Court of the United | ||||||
18 | States or of the State of Illinois, the court having | ||||||
19 | jurisdiction over a person previously sentenced to | ||||||
20 | death shall cause the defendant to be brought before | ||||||
21 | the court, and the court shall sentence the defendant | ||||||
22 | to a term of imprisonment under Chapter V. | ||||||
23 | (a-11) The Attorney General and State's Attorneys | ||||||
24 | Association shall consult on voluntary guidelines for | ||||||
25 | procedures governing whether or not to seek the death | ||||||
26 | penalty. The guidelines do not have the force of law |
| |||||||
| |||||||
1 | and are only advisory in nature, or | ||||||
2 | (b) if a trier of fact finds beyond a reasonable | ||||||
3 | doubt that the murder was accompanied by exceptionally | ||||||
4 | brutal or heinous behavior indicative of wanton | ||||||
5 | cruelty or, except as set forth in subsection | ||||||
6 | (a)(1)(c) of this Section, that any of the aggravating | ||||||
7 | factors listed in subparagraph (b-5) are present, the | ||||||
8 | court may sentence the defendant, subject to Section | ||||||
9 | 5-4.5-105, to a term of natural life imprisonment, or | ||||||
10 | (b-5) A defendant who at the time of the | ||||||
11 | commission of the offense has attained the age of 18 or | ||||||
12 | more and who has been found guilty of first degree | ||||||
13 | murder for which the death penalty has not been | ||||||
14 | imposed by the court may be sentenced to a term of | ||||||
15 | natural life imprisonment if: | ||||||
16 | (1) the murdered individual was an inmate at | ||||||
17 | an institution or facility of the Department of | ||||||
18 | Corrections, or any similar local correctional | ||||||
19 | agency and was killed on the grounds thereof, or | ||||||
20 | the murdered individual was otherwise present in | ||||||
21 | such institution or facility with the knowledge | ||||||
22 | and approval of the chief administrative officer | ||||||
23 | thereof; | ||||||
24 | (2) the murdered individual was killed as a | ||||||
25 | result of the hijacking of an airplane, train, | ||||||
26 | ship, bus, or other public conveyance; |
| |||||||
| |||||||
1 | (3) the defendant committed the murder | ||||||
2 | pursuant to a contract, agreement, or | ||||||
3 | understanding by which he or she was to receive | ||||||
4 | money or anything of value in return for | ||||||
5 | committing the murder or procured another to | ||||||
6 | commit the murder for money or anything of value; | ||||||
7 | (4) the murdered individual was killed in the | ||||||
8 | course of another felony if: | ||||||
9 | (A) the murdered individual: | ||||||
10 | (i) was actually killed by the | ||||||
11 | defendant, or | ||||||
12 | (ii) received physical injuries | ||||||
13 | personally inflicted by the defendant | ||||||
14 | substantially contemporaneously with | ||||||
15 | physical injuries caused by one or more | ||||||
16 | persons for whose conduct the defendant is | ||||||
17 | legally accountable under Section 5-2 of | ||||||
18 | this Code, and the physical injuries | ||||||
19 | inflicted by either the defendant or the | ||||||
20 | other person or persons for whose conduct | ||||||
21 | he is legally accountable caused the death | ||||||
22 | of the murdered individual; and (B) in | ||||||
23 | performing the acts which caused the death | ||||||
24 | of the murdered individual or which | ||||||
25 | resulted in physical injuries personally | ||||||
26 | inflicted by the defendant on the murdered |
| |||||||
| |||||||
1 | individual under the circumstances of | ||||||
2 | subdivision (ii) of clause (A) of this | ||||||
3 | clause (4), the defendant acted with the | ||||||
4 | intent to kill the murdered individual or | ||||||
5 | with the knowledge that his or her acts | ||||||
6 | created a strong probability of death or | ||||||
7 | great bodily harm to the murdered | ||||||
8 | individual or another; and | ||||||
9 | (B) in performing the acts which caused | ||||||
10 | the death of the murdered individual or which | ||||||
11 | resulted in physical injuries personally | ||||||
12 | inflicted by the defendant on the murdered | ||||||
13 | individual under the circumstances of | ||||||
14 | subdivision (ii) of clause (A) of this clause | ||||||
15 | (4), the defendant acted with the intent to | ||||||
16 | kill the murdered individual or with the | ||||||
17 | knowledge that his or her acts created a | ||||||
18 | strong probability of death or great bodily | ||||||
19 | harm to the murdered individual or another; | ||||||
20 | and | ||||||
21 | (C) the other felony was an inherently | ||||||
22 | violent crime or the attempt to commit an | ||||||
23 | inherently violent crime. In this clause (C), | ||||||
24 | "inherently violent crime" includes, but is | ||||||
25 | not limited to, armed robbery, robbery, | ||||||
26 | predatory criminal sexual assault of a child, |
| |||||||
| |||||||
1 | aggravated criminal sexual assault, aggravated | ||||||
2 | kidnapping, aggravated vehicular hijacking, | ||||||
3 | aggravated arson, aggravated stalking, | ||||||
4 | residential burglary, and home invasion; | ||||||
5 | (5) the defendant committed the murder with | ||||||
6 | intent to prevent the murdered individual from | ||||||
7 | testifying or participating in any criminal | ||||||
8 | investigation or prosecution or giving material | ||||||
9 | assistance to the State in any investigation or | ||||||
10 | prosecution, either against the defendant or | ||||||
11 | another; or the defendant committed the murder | ||||||
12 | because the murdered individual was a witness in | ||||||
13 | any prosecution or gave material assistance to the | ||||||
14 | State in any investigation or prosecution, either | ||||||
15 | against the defendant or another; for purposes of | ||||||
16 | this clause (5), "participating in any criminal | ||||||
17 | investigation or prosecution" is intended to | ||||||
18 | include those appearing in the proceedings in any | ||||||
19 | capacity such as trial judges, prosecutors, | ||||||
20 | defense attorneys, investigators, witnesses, or | ||||||
21 | jurors; | ||||||
22 | (6) the defendant, while committing an offense | ||||||
23 | punishable under Section 401, 401.1, 401.2, 405, | ||||||
24 | 405.2, 407 or 407.1 or subsection (b) of Section | ||||||
25 | 404 of the Illinois Controlled Substances Act, or | ||||||
26 | while engaged in a conspiracy or solicitation to |
| |||||||
| |||||||
1 | commit such offense, intentionally killed an | ||||||
2 | individual or counseled, commanded, induced, | ||||||
3 | procured or caused the intentional killing of the | ||||||
4 | murdered individual; | ||||||
5 | (7) the defendant was incarcerated in an | ||||||
6 | institution or facility of the Department of | ||||||
7 | Corrections at the time of the murder, and while | ||||||
8 | committing an offense punishable as a felony under | ||||||
9 | Illinois law, or while engaged in a conspiracy or | ||||||
10 | solicitation to commit such offense, intentionally | ||||||
11 | killed an individual or counseled, commanded, | ||||||
12 | induced, procured or caused the intentional | ||||||
13 | killing of the murdered individual; | ||||||
14 | (8) the murder was committed in a cold, | ||||||
15 | calculated and premeditated manner pursuant to a | ||||||
16 | preconceived plan, scheme or design to take a | ||||||
17 | human life by unlawful means, and the conduct of | ||||||
18 | the defendant created a reasonable expectation | ||||||
19 | that the death of a human being would result | ||||||
20 | therefrom; | ||||||
21 | (9) the defendant was a principal | ||||||
22 | administrator, organizer, or leader of a | ||||||
23 | calculated criminal drug conspiracy consisting of | ||||||
24 | a hierarchical position of authority superior to | ||||||
25 | that of all other members of the conspiracy, and | ||||||
26 | the defendant counseled, commanded, induced, |
| |||||||
| |||||||
1 | procured, or caused the intentional killing of the | ||||||
2 | murdered person; | ||||||
3 | (10) the murder was intentional and involved | ||||||
4 | the infliction of torture. For the purpose of this | ||||||
5 | clause (10), torture means the infliction of or | ||||||
6 | subjection to extreme physical pain, motivated by | ||||||
7 | an intent to increase or prolong the pain, | ||||||
8 | suffering or agony of the victim; | ||||||
9 | (11) the murder was committed as a result of | ||||||
10 | the intentional discharge of a firearm by the | ||||||
11 | defendant from a motor vehicle and the victim was | ||||||
12 | not present within the motor vehicle; | ||||||
13 | (12) the murdered individual was a person with | ||||||
14 | a disability and the defendant knew or should have | ||||||
15 | known that the murdered individual was a person | ||||||
16 | with a disability. For purposes of this clause | ||||||
17 | (12), "person with a disability" means a person | ||||||
18 | who suffers from a permanent physical or mental | ||||||
19 | impairment resulting from disease, an injury, a | ||||||
20 | functional disorder, or a congenital condition | ||||||
21 | that renders the person incapable of adequately | ||||||
22 | providing for his or her own health or personal | ||||||
23 | care; | ||||||
24 | (13) the murdered individual was subject to an | ||||||
25 | order of protection and the murder was committed | ||||||
26 | by a person against whom the same order of |
| |||||||
| |||||||
1 | protection was issued under the Illinois Domestic | ||||||
2 | Violence Act of 1986; | ||||||
3 | (14) the murdered individual was known by the | ||||||
4 | defendant to be a teacher or other person employed | ||||||
5 | in any school and the teacher or other employee is | ||||||
6 | upon the grounds of a school or grounds adjacent | ||||||
7 | to a school, or is in any part of a building used | ||||||
8 | for school purposes; | ||||||
9 | (15) the murder was committed by the defendant | ||||||
10 | in connection with or as a result of the offense of | ||||||
11 | terrorism as defined in Section 29D-14.9 of this | ||||||
12 | Code; | ||||||
13 | (16) the murdered individual was a member of a | ||||||
14 | congregation engaged in prayer or other religious | ||||||
15 | activities at a church, synagogue, mosque, or | ||||||
16 | other building, structure, or place used for | ||||||
17 | religious worship; or | ||||||
18 | (17)(i) the murdered individual was a | ||||||
19 | physician, physician assistant, psychologist, | ||||||
20 | nurse, or advanced practice registered nurse; | ||||||
21 | (ii) the defendant knew or should have known | ||||||
22 | that the murdered individual was a physician, | ||||||
23 | physician assistant, psychologist, nurse, or | ||||||
24 | advanced practice registered nurse; and | ||||||
25 | (iii) the murdered individual was killed in | ||||||
26 | the course of acting in his or her capacity as a |
| |||||||
| |||||||
1 | physician, physician assistant, psychologist, | ||||||
2 | nurse, or advanced practice registered nurse, or | ||||||
3 | to prevent him or her from acting in that | ||||||
4 | capacity, or in retaliation for his or her acting | ||||||
5 | in that capacity. | ||||||
6 | (c) if the court does not impose the death | ||||||
7 | penalty, the court shall sentence the defendant to a | ||||||
8 | term of natural life imprisonment if the defendant, at | ||||||
9 | the time of the commission of the murder, had attained | ||||||
10 | the age of 18, and: | ||||||
11 | (i) has previously been convicted of first | ||||||
12 | degree murder under any state or federal law, or | ||||||
13 | (ii) is found guilty of murdering more than | ||||||
14 | one victim, or | ||||||
15 | (iii) is found guilty of murdering a peace | ||||||
16 | officer, fireman, or emergency management worker | ||||||
17 | when the peace officer, fireman, or emergency | ||||||
18 | management worker was killed in the course of | ||||||
19 | performing his official duties, or to prevent the | ||||||
20 | peace officer or fireman from performing his | ||||||
21 | official duties, or in retaliation for the peace | ||||||
22 | officer, fireman, or emergency management worker | ||||||
23 | from performing his official duties, and the | ||||||
24 | defendant knew or should have known that the | ||||||
25 | murdered individual was a peace officer, fireman, | ||||||
26 | or emergency management worker, or |
| |||||||
| |||||||
1 | (iv) is found guilty of murdering an employee | ||||||
2 | of an institution or facility of the Department of | ||||||
3 | Corrections, or any similar local correctional | ||||||
4 | agency, when the employee was killed in the course | ||||||
5 | of performing his official duties, or to prevent | ||||||
6 | the employee from performing his official duties, | ||||||
7 | or in retaliation for the employee performing his | ||||||
8 | official duties, or | ||||||
9 | (v) is found guilty of murdering an emergency | ||||||
10 | medical technician - ambulance, emergency medical | ||||||
11 | technician - intermediate, emergency medical | ||||||
12 | technician - paramedic, ambulance driver or other | ||||||
13 | medical assistance or first aid person while | ||||||
14 | employed by a municipality or other governmental | ||||||
15 | unit when the person was killed in the course of | ||||||
16 | performing official duties or to prevent the | ||||||
17 | person from performing official duties or in | ||||||
18 | retaliation for performing official duties and the | ||||||
19 | defendant knew or should have known that the | ||||||
20 | murdered individual was an emergency medical | ||||||
21 | technician - ambulance, emergency medical | ||||||
22 | technician - intermediate, emergency medical | ||||||
23 | technician - paramedic, ambulance driver, or other | ||||||
24 | medical assistant or first aid personnel, or | ||||||
25 | (vi) (blank), or | ||||||
26 | (vii) is found guilty of first degree murder |
| |||||||
| |||||||
1 | and the murder was committed by reason of any | ||||||
2 | person's activity as a community policing | ||||||
3 | volunteer or to prevent any person from engaging | ||||||
4 | in activity as a community policing volunteer. For | ||||||
5 | the purpose of this Section, "community policing | ||||||
6 | volunteer" has the meaning ascribed to it in | ||||||
7 | Section 2-3.5 of the Criminal Code of 2012. | ||||||
8 | For purposes of clause (v), "emergency medical | ||||||
9 | technician - ambulance", "emergency medical technician - | ||||||
10 | intermediate", "emergency medical technician - | ||||||
11 | paramedic", have the meanings ascribed to them in the | ||||||
12 | Emergency Medical Services (EMS) Systems Act. | ||||||
13 | (d)(i) if the person committed the offense while | ||||||
14 | armed with a firearm, 15 years shall be added to | ||||||
15 | the term of imprisonment imposed by the court; | ||||||
16 | (ii) if, during the commission of the offense, the | ||||||
17 | person personally discharged a firearm, 20 years shall | ||||||
18 | be added to the term of imprisonment imposed by the | ||||||
19 | court; | ||||||
20 | (iii) if, during the commission of the offense, | ||||||
21 | the person personally discharged a firearm that | ||||||
22 | proximately caused great bodily harm, permanent | ||||||
23 | disability, permanent disfigurement, or death to | ||||||
24 | another person, 25 years or up to a term of natural | ||||||
25 | life shall be added to the term of imprisonment | ||||||
26 | imposed by the court. |
| |||||||
| |||||||
1 | (2) (blank); | ||||||
2 | (2.5) for a person who has attained the age of 18 years | ||||||
3 | at the time of the commission of the offense and who is | ||||||
4 | convicted under the circumstances described in subdivision | ||||||
5 | (b)(1)(B) of Section 11-1.20 or paragraph (3) of | ||||||
6 | subsection (b) of Section 12-13, subdivision (d)(2) of | ||||||
7 | Section 11-1.30 or paragraph (2) of subsection (d) of | ||||||
8 | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | ||||||
9 | paragraph (1.2) of subsection (b) of Section 12-14.1, | ||||||
10 | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | ||||||
11 | subsection (b) of Section 12-14.1 of the Criminal Code of | ||||||
12 | 1961 or the Criminal Code of 2012, the sentence shall be a | ||||||
13 | term of natural life imprisonment. | ||||||
14 | (b) (Blank). | ||||||
15 | (c) (Blank). | ||||||
16 | (d) Subject to earlier termination under Section 3-3-8, | ||||||
17 | the parole or mandatory supervised release term shall be | ||||||
18 | written as part of the sentencing order and shall be as | ||||||
19 | follows: | ||||||
20 | (1) for first degree murder or for the offenses of | ||||||
21 | predatory criminal sexual assault of a child, aggravated | ||||||
22 | criminal sexual assault, and criminal sexual assault if | ||||||
23 | committed on or before December 12, 2005, 3 years; | ||||||
24 | (1.5) except as provided in paragraph (7) of this | ||||||
25 | subsection (d), for a Class X felony except for the | ||||||
26 | offenses of predatory criminal sexual assault of a child, |
| |||||||
| |||||||
1 | aggravated criminal sexual assault, and criminal sexual | ||||||
2 | assault if committed on or after December 13, 2005 (the | ||||||
3 | effective date of Public Act 94-715) and except for the | ||||||
4 | offense of aggravated child pornography under Section | ||||||
5 | 11-20.1B, 11-20.3, or 11-20.1 with sentencing under | ||||||
6 | subsection (c-5) of Section 11-20.1 of the Criminal Code | ||||||
7 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
8 | after January 1, 2009, 18 months; | ||||||
9 | (2) except as provided in paragraph (7) of this | ||||||
10 | subsection (d), for a Class 1 felony or a Class 2 felony | ||||||
11 | except for the offense of criminal sexual assault if | ||||||
12 | committed on or after December 13, 2005 (the effective | ||||||
13 | date of Public Act 94-715) and except for the offenses of | ||||||
14 | manufacture and dissemination of child pornography under | ||||||
15 | clauses (a)(1) and (a)(2) of Section 11-20.1 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
17 | committed on or after January 1, 2009, 12 months; | ||||||
18 | (3) except as provided in paragraph (4), (6), or (7) | ||||||
19 | of this subsection (d), for a Class 3 felony or a Class 4 | ||||||
20 | felony, 6 months; no later than 45 days after the onset of | ||||||
21 | the term of mandatory supervised release, the Prisoner | ||||||
22 | Review Board shall conduct a discretionary discharge | ||||||
23 | review pursuant to the provisions of Section 3-3-8, which | ||||||
24 | shall include the results of a standardized risk and needs | ||||||
25 | assessment tool administered by the Department of | ||||||
26 | Corrections; the changes to this paragraph (3) made by |
| |||||||
| |||||||
1 | this amendatory Act of the 102nd General Assembly apply to | ||||||
2 | all individuals released on mandatory supervised release | ||||||
3 | on or after the effective date of this amendatory Act of | ||||||
4 | the 102nd General Assembly, including those individuals | ||||||
5 | whose sentences were imposed prior to the effective date | ||||||
6 | of this amendatory Act of the 102nd General Assembly; | ||||||
7 | (4) for defendants who commit the offense of predatory | ||||||
8 | criminal sexual assault of a child, aggravated criminal | ||||||
9 | sexual assault, or criminal sexual assault, on or after | ||||||
10 | December 13, 2005 (the effective date of Public Act | ||||||
11 | 94-715), or who commit the offense of aggravated child | ||||||
12 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
13 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
14 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
15 | manufacture of child pornography, or dissemination of | ||||||
16 | child pornography after January 1, 2009, the term of | ||||||
17 | mandatory supervised release shall range from a minimum of | ||||||
18 | 3 years to a maximum of the natural life of the defendant; | ||||||
19 | (5) if the victim is under 18 years of age, for a | ||||||
20 | second or subsequent offense of aggravated criminal sexual | ||||||
21 | abuse or felony criminal sexual abuse, 4 years, at least | ||||||
22 | the first 2 years of which the defendant shall serve in an | ||||||
23 | electronic monitoring or home detention program under | ||||||
24 | Article 8A of Chapter V of this Code; | ||||||
25 | (6) for a felony domestic battery, aggravated domestic | ||||||
26 | battery, stalking, aggravated stalking, and a felony |
| |||||||
| |||||||
1 | violation of an order of protection, 4 years; | ||||||
2 | (7) for any felony described in paragraph (a)(2)(ii), | ||||||
3 | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), | ||||||
4 | (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section | ||||||
5 | 3-6-3 of the Unified Code of Corrections requiring an | ||||||
6 | inmate to serve a minimum of 85% of their court-imposed | ||||||
7 | sentence, except for the offenses of predatory criminal | ||||||
8 | sexual assault of a child, aggravated criminal sexual | ||||||
9 | assault, and criminal sexual assault if committed on or | ||||||
10 | after December 13, 2005 (the effective date of Public Act | ||||||
11 | 94-715) and except for the offense of aggravated child | ||||||
12 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
13 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
14 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
15 | if committed on or after January 1, 2009 and except as | ||||||
16 | provided in paragraph (4) or paragraph (6) of this | ||||||
17 | subsection (d), the term of mandatory supervised release | ||||||
18 | shall be as follows: | ||||||
19 | (A) Class X felony, 3 years; | ||||||
20 | (B) Class 1 or Class 2 felonies, 2 years; | ||||||
21 | (C) Class 3 or Class 4 felonies, 1 year. | ||||||
22 | (e) (Blank). | ||||||
23 | (f) (Blank). | ||||||
24 | (g) Notwithstanding any other provisions of this Act and | ||||||
25 | of Public Act 101-652: (i) the provisions of paragraph (3) of | ||||||
26 | subsection (d) are effective on July 1, 2022 and shall apply to |
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | all individuals convicted on or after the effective date of | |||||||||||||||||||||||||
2 | paragraph (3) of subsection (d); and (ii) the provisions of | |||||||||||||||||||||||||
3 | paragraphs (1.5) and (2) of subsection (d) are effective on | |||||||||||||||||||||||||
4 | July 1, 2021 and shall apply to all individuals convicted on or | |||||||||||||||||||||||||
5 | after the effective date of paragraphs (1.5) and (2) of | |||||||||||||||||||||||||
6 | subsection (d). | |||||||||||||||||||||||||
7 | (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; | |||||||||||||||||||||||||
8 | 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff. | |||||||||||||||||||||||||
9 | 1-1-24 .)
| |||||||||||||||||||||||||
10 | Section 995. No acceleration or delay. Where this Act | |||||||||||||||||||||||||
11 | makes changes in a statute that is represented in this Act by | |||||||||||||||||||||||||
12 | text that is not yet or no longer in effect (for example, a | |||||||||||||||||||||||||
13 | Section represented by multiple versions), the use of that | |||||||||||||||||||||||||
14 | text does not accelerate or delay the taking effect of (i) the | |||||||||||||||||||||||||
15 | changes made by this Act or (ii) provisions derived from any | |||||||||||||||||||||||||
16 | other Public Act. | |||||||||||||||||||||||||
|