96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1039

 

Introduced 2/6/2009, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 124/5

    Amends the Capital Crimes Litigation Act. Makes a technical change in a Section concerning the appointment of trial counsel in death penalty cases.


LRB096 07103 RLC 17189 b

 

 

A BILL FOR

 

SB1039 LRB096 07103 RLC 17189 b

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 5. The Capital Crimes Litigation Act is amended by
5 changing Section 5 as follows:
 
6     (725 ILCS 124/5)
7     Sec. 5. Appointment of trial counsel in death penalty
8 cases. If an indigent defendant is charged with an offense for
9 which a sentence of death is authorized, and and the State's
10 Attorney has not, at or before arraignment, filed a certificate
11 indicating he or she will not seek the death penalty or stated
12 on the record in open court that the death penalty will not be
13 sought, the trial court shall immediately appoint the Public
14 Defender, or such other qualified attorney or attorneys as the
15 Illinois Supreme Court shall by rule provide, to represent the
16 defendant as trial counsel. If the Public Defender is
17 appointed, he or she shall immediately assign such attorney or
18 attorneys who are public defenders to represent the defendant.
19 The counsel shall meet the qualifications as the Supreme Court
20 shall by rule provide. At the request of court appointed
21 counsel in a case in which the death penalty is sought,
22 attorneys employed by the State Appellate Defender may enter an
23 appearance for the limited purpose of assisting counsel

 

 

SB1039 - 2 - LRB096 07103 RLC 17189 b

1 appointed under this Section.
2 (Source: P.A. 94-340, eff. 1-1-06.)