Public Act 93-0127

HB0579 Enrolled                      LRB093 05577 MBS 05669 b

    AN ACT concerning the death penalty.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Capital Crimes Litigation Act is amended
by changing Section 15 as follows:

    (725 ILCS 124/15)
    (Section scheduled to be repealed on July 1, 2004)
    Sec. 15.  Capital Litigation Trust Fund.
    (a)  The Capital Litigation Trust Fund is  created  as  a
special  fund in the State Treasury.  The Trust Fund shall be
administered by the State Treasurer to provide moneys for the
appropriations  to  be  made,  grants  to  be  awarded,   and
compensation  and  expenses  to  be paid under this Act.  All
interest earned from the  investment  or  deposit  of  moneys
accumulated in the Trust Fund shall, under Section 4.1 of the
State Finance Act,  be deposited into the Trust Fund.
    (b)  Moneys  deposited  into  the Trust Fund shall not be
considered general revenue of the State of Illinois.
    (c)  Moneys deposited into the Trust Fund shall  be  used
exclusively  for  the  purposes  of providing funding for the
prosecution and defense of capital cases as provided in  this
Act  and  shall not be appropriated, loaned, or in any manner
transferred to the General  Revenue  Fund  of  the  State  of
Illinois.
    (d)  Every fiscal year the State Treasurer shall transfer
from the General Revenue Fund to the Capital Litigation Trust
Fund   an   amount   equal  to  the  full  amount  of  moneys
appropriated by the General Assembly (both  by  original  and
supplemental appropriation), less any unexpended balance from
the  previous  fiscal year, from the Capital Litigation Trust
Fund for the specific purpose of making funding available for
the prosecution and defense of  capital  cases.   The  Public
Defender  and  State's  Attorney  in  Cook  County, the State
Appellate   Defender,   the   State's   Attorneys   Appellate
Prosecutor,  and  the  Attorney  General  shall  make  annual
requests for appropriations from the Trust Fund.
         (1)  The  Public  Defender  in  Cook  County   shall
    request   appropriations   to  the  State  Treasurer  for
    expenses incurred by the Public Defender and for  funding
    for private appointed defense counsel in Cook  County.
         (2)  The  State's  Attorney  in  Cook  County  shall
    request  an  appropriation  to  the  State  Treasurer for
    expenses incurred by the State's Attorney.
         (3)  The State Appellate Defender  shall  request  a
    direct  appropriation  from  the  Trust Fund for expenses
    incurred by the State  Appellate  Defender  in  providing
    assistance  to  trial  attorneys  under  item  (c)(5)  of
    Section  10  of  the  State Appellate Defender Act and an
    appropriation to the State Treasurer  for  payments  from
    the Trust Fund for the defense of cases in counties other
    than Cook County.
         (4)  The   State's  Attorneys  Appellate  Prosecutor
    shall request a direct appropriation from the Trust  Fund
    to   pay  expenses  incurred  by  the  State's  Attorneys
    Appellate Prosecutor and an appropriation  to  the  State
    Treasurer  for  payments from the Trust Fund for expenses
    incurred by State's Attorneys in counties other than Cook
    County.
         (5)  The Attorney General  shall  request  a  direct
    appropriation   from  the  Trust  Fund  to  pay  expenses
    incurred by the Attorney General in assisting the State's
    Attorneys in counties other than Cook County and  to  pay
    for  expenses  incurred  by the Attorney General when the
    Attorney General is ordered by the presiding judge of the
    Criminal Division of the Circuit Court of Cook County  to
    prosecute  or  supervise  the  prosecution of Cook County
    cases.
    The Public Defender and State's Attorney in Cook  County,
the State Appellate Defender, the State's Attorneys Appellate
Prosecutor,   and  the  Attorney  General  may  each  request
supplemental appropriations from the Trust  Fund  during  the
fiscal year.
    (e)  Moneys  in  the Trust Fund shall be expended only as
follows:
         (1)  To  pay  the   State   Treasurer's   costs   to
    administer  the  Trust Fund.  The amount for this purpose
    may not exceed 5% in any one fiscal year  of  the  amount
    otherwise  appropriated  from  the Trust Fund in the same
    fiscal year.
         (2)  To pay the capital litigation expenses of trial
    defense including, but not limited to, investigatory  and
    other  assistance, expert, forensic, and other witnesses,
    and mitigation specialists, and grants and  aid  provided
    to  public  defenders or assistance to attorneys who have
    been appointed by the court to represent  defendants  who
    are charged with capital crimes.
         (3)  To  pay  the  compensation  of trial attorneys,
    other than public defenders, who have been  appointed  by
    the  court  to  represent defendants who are charged with
    capital crimes.
         (4)  To provide State's Attorneys with  funding  for
    capital  litigation  expenses  including, but not limited
    to,  investigatory  and  other  assistance  and   expert,
    forensic,  and  other  witnesses  necessary to  prosecute
    capital cases.  State's Attorneys  in  any  county  other
    than  Cook  County seeking funding for capital litigation
    expenses including, but not limited to, investigatory and
    other assistance and expert, forensic, or other witnesses
    under this Section may request that the State's Attorneys
    Appellate Prosecutor or the Attorney General, as the case
    may be, certify the expenses  as  reasonable,  necessary,
    and  appropriate  for  payment  from the Trust Fund, on a
    form created by the State Treasurer.  Upon  certification
    of  the expenses and delivery of the certification to the
    State Treasurer, the Treasurer  shall  pay  the  expenses
    directly  from the Capital Litigation Trust Fund if there
    are sufficient moneys  in  the  Trust  Fund  to  pay  the
    expenses.
         (5)  To   provide   financial  support  through  the
    Attorney General pursuant to the Attorney General Act for
    the several county  State's  Attorneys  outside  of  Cook
    County,  but  shall not be used to increase personnel for
    the Attorney General's Office, except when  the  Attorney
    General is ordered by the presiding judge of the Criminal
    Division of the Circuit Court of Cook County to prosecute
    or supervise the prosecution of Cook County cases.
         (6)  To   provide   financial  support  through  the
    State's Attorneys Appellate Prosecutor  pursuant  to  the
    State's  Attorneys  Appellate  Prosecutor's  Act  for the
    several county State's Attorneys outside of Cook  County,
    but  shall  not  be  used  to  increase personnel for the
    State's Attorneys Appellate Prosecutor.
         (7)  To  provide  financial  support  to  the  State
    Appellate  Defender  pursuant  to  the  State   Appellate
    Defender Act.
    Moneys  expended from the Trust Fund shall be in addition
to county funding for Public Defenders and State's Attorneys,
and shall not be used to  supplant  or  reduce  ordinary  and
customary county funding.
    (f)  Moneys  in  the  Trust Fund shall be appropriated to
the State Appellate Defender, the State's Attorneys Appellate
Prosecutor, the Attorney General, and  the  State  Treasurer.
The  State  Appellate Defender shall receive an appropriation
from the Trust Fund to enable it  to  provide  assistance  to
appointed  defense counsel throughout the State and to Public
Defenders in counties other than Cook. The State's  Attorneys
Appellate  Prosecutor  and the Attorney General shall receive
appropriations from the Trust Fund to enable them to  provide
assistance  to  State's Attorneys in counties other than Cook
County and when  the  Attorney  General  is  ordered  by  the
presiding judge of the Criminal Division of the Circuit Court
of  Cook  County to prosecute or supervise the prosecution of
Cook County cases. Moneys shall be appropriated to the  State
Treasurer  to enable the Treasurer (i) to make grants to Cook
County, (ii) to pay the  expenses  of  Public  Defenders  and
State's  Attorneys  in counties other than Cook County, (iii)
to pay the expenses and  compensation  of  appointed  defense
counsel  in  counties other than Cook County, and (iv) to pay
the costs of administering the Trust Fund.  All  expenditures
and grants made from the Trust Fund shall be subject to audit
by the Auditor General.
    (g)  For Cook County, grants from the Trust Fund shall be
made and administered as follows:
         (1)  For   each   State  fiscal  year,  the  State's
    Attorney and Public Defender must each  make  a  separate
    application to the State Treasurer for capital litigation
    grants.
         (2)  The  State  Treasurer shall establish rules and
    procedures  for  grant  applications.   The  rules  shall
    require the Cook County Treasurer as the grant  recipient
    to  report on a periodic basis to the State Treasurer how
    much of the grant has been  expended,  how  much  of  the
    grant  is remaining, and the purposes for which the grant
    has been used.  The  rules  may  also  require  the  Cook
    County  Treasurer  to  certify  on  a periodic basis that
    expenditures of the funds have  been  made  for  expenses
    that  are  reasonable,  necessary,  and  appropriate  for
    payment from the Trust Fund.
         (3)  The  State  Treasurer  shall make the grants to
    the Cook County Treasurer as soon as possible  after  the
    beginning of the State fiscal year.
         (4)  The  State's  Attorney  or  Public Defender may
    apply for supplemental grants during the fiscal year.
         (5)  Grant moneys shall be paid to the  Cook  County
    Treasurer  in  block grants and held in separate accounts
    for the State's Attorney, the Public Defender, and  court
    appointed  defense  counsel  other  than  the Cook County
    Public Defender, respectively, for the designated  fiscal
    year, and are not subject to county appropriation.
         (6)  Expenditure   of   grant   moneys   under  this
    subsection  (g)  is  subject  to  audit  by  the  Auditor
    General.
         (7)  The Cook  County  Treasurer  shall  immediately
    make payment from the appropriate separate account in the
    county  treasury  for  capital litigation expenses to the
    State's Attorney, Public  Defender,  or  court  appointed
    defense  counsel  other  than the Public Defender, as the
    case may be, upon order of the State's  Attorney,  Public
    Defender or the court, respectively.
    (h)  If  a  defendant in a capital case in Cook County is
represented by court appointed counsel other  than  the  Cook
County  Public Defender, the appointed counsel shall petition
the court for an order directing the Cook County Treasurer to
pay the court appointed counsel's  reasonable  and  necessary
compensation  and  capital  litigation  expenses  from  grant
moneys provided from the Trust Fund. These petitions shall be
considered   in   camera.    Orders   denying  petitions  for
compensation or expenses are final. Counsel may not  petition
for  expenses  that  may have been provided or compensated by
the State Appellate Defender under item (c)(5) of Section  10
of the State Appellate Defender Act.
    (i)  In  counties  other  than  Cook County, and when the
Attorney General is ordered by the  presiding  judge  of  the
Criminal  Division  of  the  Circuit  Court of Cook County to
prosecute or supervise the prosecution of Cook County  cases,
and  excluding  capital  litigation expenses or services that
may have been provided by the State Appellate Defender  under
item  (c)(5)  of  Section  10 of the State Appellate Defender
Act:
         (1)  Upon certification by the circuit court,  on  a
    form  created  by  the  State  Treasurer,  that  all or a
    portion of the expenses are  reasonable,  necessary,  and
    appropriate  for  payment  from  the  Trust  Fund and the
    court's delivery of the certification to  the  Treasurer,
    the  Treasurer shall pay the certified expenses of Public
    Defenders from the money appropriated  to  the  Treasurer
    for  capital  litigation  expenses of Public Defenders in
    any  county  other  than  Cook  County,  if   there   are
    sufficient moneys in the Trust Fund to pay the expenses.
         (2)  If a defendant in a capital case is represented
    by   court   appointed  counsel  other  than  the  Public
    Defender, the appointed counsel shall petition the  court
    to  certify  compensation and capital litigation expenses
    including, but not limited to,  investigatory  and  other
    assistance,  expert,  forensic,  and other witnesses, and
    mitigation  specialists  as  reasonable,  necessary,  and
    appropriate  for  payment  from  the  Trust  Fund.   Upon
    certification on a form created by the State Treasurer of
    all  or  a  portion  of  the  compensation  and  expenses
    certified as reasonable, necessary, and  appropriate  for
    payment  from  the Trust Fund and the court's delivery of
    the certification to the Treasurer, the  State  Treasurer
    shall  pay  the  certified compensation and expenses from
    the money appropriated to the Treasurer for that purpose,
    if there are sufficient moneys in the Trust Fund to  make
    those payments.
         (3)  A  petition  for  capital  litigation  expenses
    under  this  subsection  shall  be  considered in camera.
    Orders denying petitions for compensation or expenses are
    final.
    (j)  If the Trust Fund is discontinued or dissolved by an
Act of the General Assembly  or  by  operation  of  law,  any
balance  remaining in the Trust Fund shall be returned to the
General Revenue Fund after deduction of administrative costs,
any  other  provision   of   this   Act   to   the   contrary
notwithstanding.
(Source: P.A. 91-589, eff. 1-1-00.)