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91_SB0574enr
SB574 Enrolled SRS91S0019PWch
1 AN ACT in relation to capital litigation.
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.
6 Section 5. Appointment of trial counsel in death penalty
7 cases. If an indigent defendant is charged with an offense
8 for 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 such 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 such 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.
20 Section 10. Court appointed trial counsel; compensation
21 and expenses.
22 (a) This Section applies only to compensation and
23 expenses of trial counsel appointed by the court as set forth
24 in Section 5, other than public defenders, for the period
25 after arraignment and so long as the State's Attorney has
26 not, at any time, filed a certificate indicating he or she
27 will not seek the death penalty or stated on the record in
28 open court that the death penalty will not be sought.
29 (b) Appointed trial counsel shall be compensated upon
30 presentment and certification by the circuit court of a claim
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1 for services detailing the date, activity, and time duration
2 for which compensation is sought. Compensation for appointed
3 trial counsel may be paid at a reasonable rate not to exceed
4 $125 per hour.
5 Beginning in 2001, every January 20, the statutory rate
6 prescribed in this subsection shall be automatically
7 increased or decreased, as applicable, by a percentage equal
8 to the percentage change in the consumer price index-u during
9 the preceding 12-month calendar year. "Consumer price
10 index-u" means the index published by the Bureau of Labor
11 Statistics of the United States Department of Labor that
12 measures the average change in prices of goods and services
13 purchased by all urban consumers, United States city average,
14 all items, 1982-84=100. The new rate resulting from each
15 annual adjustment shall be determined by the State Treasurer
16 and made available to the chief judge of each judicial
17 circuit.
18 (c) Appointed trial counsel may also petition the court
19 for certification of expenses for reasonable and necessary
20 capital litigation expenses including, but not limited to,
21 investigatory and other assistance, expert, forensic, and
22 other witnesses, and mitigation specialists. Counsel may not
23 petition for certification of expenses that may have been
24 provided or compensated by the State Appellate Defender under
25 item (c)(5) of Section 10 of the State Appellate Defender
26 Act.
27 (d) Appointed trial counsel shall petition the court for
28 certification of compensation and expenses under this Section
29 periodically during the course of counsel's representation.
30 If the court determines that the compensation and expenses
31 should be paid from the Capital Litigation Trust Fund, the
32 court shall certify, on a form created by the State
33 Treasurer, that all or a designated portion of the amount
34 requested is reasonable, necessary, and appropriate for
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1 payment from the Trust Fund. Certification of compensation
2 and expenses by a court in any county other than Cook County
3 shall be delivered by the court to the State Treasurer and
4 paid by the State Treasurer directly from the Capital
5 Litigation Trust Fund if there are sufficient moneys in the
6 Trust Fund to pay the compensation and expenses.
7 Certification of compensation and expenses by a court in Cook
8 County shall be delivered by the court to the county
9 treasurer and paid by the county treasurer from moneys
10 granted to the county from the Capital Litigation 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 as provided in this
25 Act and shall not be appropriated, loaned, or in any manner
26 transferred to the General Revenue Fund of the State of
27 Illinois.
28 (d) Every fiscal year the State Treasurer shall transfer
29 from the General Revenue Fund to the Capital Litigation Trust
30 Fund an amount equal to the full amount of moneys
31 appropriated by the General Assembly (both by original and
32 supplemental appropriation), less any unexpended balance from
33 the previous fiscal year, from the Capital Litigation Trust
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1 Fund for the specific purpose of making funding available for
2 the prosecution and defense of capital cases. The Public
3 Defender and State's Attorney in Cook County, the State
4 Appellate Defender, the State's Attorneys Appellate
5 Prosecutor, and the Attorney General shall make annual
6 requests for appropriations from the Trust Fund.
7 (1) The Public Defender in Cook County shall
8 request appropriations to the State Treasurer for
9 expenses incurred by the Public Defender and for funding
10 for private appointed defense counsel in Cook County.
11 (2) The State's Attorney in Cook County shall
12 request an appropriation to the State Treasurer for
13 expenses incurred by the State's Attorney.
14 (3) The State Appellate Defender shall request a
15 direct appropriation from the Trust Fund for expenses
16 incurred by the State Appellate Defender in providing
17 assistance to trial attorneys under item (c)(5) of
18 Section 10 of the State Appellate Defender Act and an
19 appropriation to the State Treasurer for payments from
20 the Trust Fund for the defense of cases in counties other
21 than Cook County.
22 (4) The State's Attorneys Appellate Prosecutor
23 shall request a direct appropriation from the Trust Fund
24 to pay expenses incurred by the State's Attorneys
25 Appellate Prosecutor and an appropriation to the State
26 Treasurer for payments from the Trust Fund for expenses
27 incurred by State's Attorneys in counties other than Cook
28 County.
29 (5) The Attorney General shall request a direct
30 appropriation from the Trust Fund to pay expenses
31 incurred by the Attorney General in assisting the State's
32 Attorneys in counties other than Cook County.
33 The Public Defender and State's Attorney in Cook County,
34 the State Appellate Defender, the State's Attorneys Appellate
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1 Prosecutor, and the Attorney General may each request
2 supplemental appropriations from the Trust Fund during the
3 fiscal year.
4 (e) Moneys in the Trust Fund shall be expended only as
5 follows:
6 (1) To pay the State Treasurer's costs to
7 administer the Trust Fund. The amount for this purpose
8 may not exceed 5% in any one fiscal year of the amount
9 otherwise appropriated from the Trust Fund in the same
10 fiscal year.
11 (2) To pay the capital litigation expenses of trial
12 defense including, but not limited to, investigatory and
13 other assistance, expert, forensic, and other witnesses,
14 and mitigation specialists, and grants and aid provided
15 to public defenders or assistance to attorneys who have
16 been appointed by the court to represent defendants who
17 are charged with capital crimes.
18 (3) To pay the compensation of trial attorneys,
19 other than public defenders, who have been appointed by
20 the court to represent defendants who are charged with
21 capital crimes.
22 (4) To provide State's Attorneys with funding for
23 capital litigation expenses including, but not limited
24 to, investigatory and other assistance and expert,
25 forensic, and other witnesses necessary to prosecute
26 capital cases. State's Attorneys in any county other
27 than Cook County seeking funding for capital litigation
28 expenses including, but not limited to, investigatory and
29 other assistance and expert, forensic, or other witnesses
30 under this Section may request that the State's Attorneys
31 Appellate Prosecutor or the Attorney General, as the case
32 may be, certify the expenses as reasonable, necessary,
33 and appropriate for payment from the Trust Fund, on a
34 form created by the State Treasurer. Upon certification
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1 of the expenses and delivery of the certification to the
2 State Treasurer, the Treasurer shall pay the expenses
3 directly from the Capital Litigation Trust Fund if there
4 are sufficient moneys in the Trust Fund to pay the
5 expenses.
6 (5) To provide financial support through the
7 Attorney General pursuant to the Attorney General Act for
8 the several county State's Attorneys outside of Cook
9 County, but shall not be used to increase personnel for
10 the Attorney General's Office.
11 (6) To provide financial support through the
12 State's Attorneys Appellate Prosecutor pursuant to the
13 State's Attorneys Appellate Prosecutor's Act for the
14 several county State's Attorneys outside of Cook County,
15 but shall not be used to increase personnel for the
16 State's Attorneys Appellate Prosecutor.
17 (7) To provide financial support to the State
18 Appellate Defender pursuant to the State Appellate
19 Defender Act.
20 Moneys expended from the Trust Fund shall be in addition
21 to county funding for Public Defenders and State's Attorneys,
22 and shall not be used to supplant or reduce ordinary and
23 customary county funding.
24 (f) Moneys in the Trust Fund shall be appropriated to
25 the State Appellate Defender, the State's Attorneys Appellate
26 Prosecutor, the Attorney General, and the State Treasurer.
27 The State Appellate Defender shall receive an appropriation
28 from the Trust Fund to enable it to provide assistance to
29 appointed defense counsel throughout the State and to Public
30 Defenders in counties other than Cook. The State's Attorneys
31 Appellate Prosecutor and the Attorney General shall receive
32 appropriations from the Trust Fund to enable them to provide
33 assistance to State's Attorneys in counties other than Cook
34 County. Moneys shall be appropriated to the State Treasurer
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1 to enable the Treasurer (i) to make grants to Cook County,
2 (ii) to pay the expenses of Public Defenders and State's
3 Attorneys in counties other than Cook County, (iii) to pay
4 the expenses and compensation of appointed defense counsel in
5 counties other than Cook County, and (iv) to pay the costs of
6 administering the Trust Fund. All expenditures and grants
7 made from the Trust Fund shall be subject to audit by the
8 Auditor General.
9 (g) For Cook County, grants from the Trust Fund shall be
10 made and administered as follows:
11 (1) For each State fiscal year, the State's
12 Attorney and Public Defender must each make a separate
13 application to the State Treasurer for capital litigation
14 grants.
15 (2) The State Treasurer shall establish rules and
16 procedures for grant applications. The rules shall
17 require the Cook County Treasurer as the grant recipient
18 to report on a periodic basis to the State Treasurer how
19 much of the grant has been expended, how much of the
20 grant is remaining, and the purposes for which the grant
21 has been used. The rules may also require the Cook
22 County Treasurer to certify on a periodic basis that
23 expenditures of the funds have been made for expenses
24 that are reasonable, necessary, and appropriate for
25 payment from the Trust Fund.
26 (3) The State Treasurer shall make the grants to
27 the Cook County Treasurer as soon as possible after the
28 beginning of the State fiscal year.
29 (4) The State's Attorney or Public Defender may
30 apply for supplemental grants during the fiscal year.
31 (5) Grant moneys shall be paid to the Cook County
32 Treasurer in block grants and held in separate accounts
33 for the State's Attorney, the Public Defender, and court
34 appointed defense counsel other than the Cook County
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1 Public Defender, respectively, for the designated fiscal
2 year, and are not subject to county appropriation.
3 (6) Expenditure of grant moneys under this
4 subsection (g) is subject to audit by the Auditor
5 General.
6 (7) The Cook County Treasurer shall immediately
7 make payment from the appropriate separate account in the
8 county treasury for capital litigation expenses to the
9 State's Attorney, Public Defender, or court appointed
10 defense counsel other than the Public Defender, as the
11 case may be, upon order of the State's Attorney, Public
12 Defender or the court, respectively.
13 (h) If a defendant in a capital case in Cook County is
14 represented by court appointed counsel other than the Cook
15 County Public Defender, the appointed counsel shall petition
16 the court for an order directing the Cook County Treasurer to
17 pay the court appointed counsel's reasonable and necessary
18 compensation and capital litigation expenses from grant
19 moneys provided from the Trust Fund. These petitions shall be
20 considered in camera. Orders denying petitions for
21 compensation or expenses are final. Counsel may not petition
22 for expenses that may have been provided or compensated by
23 the State Appellate Defender under item (c)(5) of Section 10
24 of the State Appellate Defender Act.
25 (i) In counties other than Cook County, and excluding
26 capital litigation expenses or services that may have been
27 provided by the State Appellate Defender under item (c)(5) of
28 Section 10 of the State Appellate Defender Act:
29 (1) Upon certification by the circuit court, on a
30 form created by the State Treasurer, that all or a
31 portion of the expenses are reasonable, necessary, and
32 appropriate for payment from the Trust Fund and the
33 court's delivery of the certification to the Treasurer,
34 the Treasurer shall pay the certified expenses of Public
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1 Defenders from the money appropriated to the Treasurer
2 for capital litigation expenses of Public Defenders in
3 any county other than Cook County, if there are
4 sufficient moneys in the Trust Fund to pay the expenses.
5 (2) If a defendant in a capital case is represented
6 by court appointed counsel other than the Public
7 Defender, the appointed counsel shall petition the court
8 to certify compensation and capital litigation expenses
9 including, but not limited to, investigatory and other
10 assistance, expert, forensic, and other witnesses, and
11 mitigation specialists as reasonable, necessary, and
12 appropriate for payment from the Trust Fund. Upon
13 certification on a form created by the State Treasurer of
14 all or a portion of the compensation and expenses
15 certified as reasonable, necessary, and appropriate for
16 payment from the Trust Fund and the court's delivery of
17 the certification to the Treasurer, the State Treasurer
18 shall pay the certified compensation and expenses from
19 the money appropriated to the Treasurer for that purpose,
20 if there are sufficient moneys in the Trust Fund to make
21 those payments.
22 (3) A petition for capital litigation expenses
23 under this subsection shall be considered in camera.
24 Orders denying petitions for compensation or expenses are
25 final.
26 (j) If the Trust Fund is discontinued or dissolved by an
27 Act of the General Assembly or by operation of law, any
28 balance remaining in the Trust Fund shall be returned to the
29 General Revenue Fund after deduction of administrative costs,
30 any other provision of this Act to the contrary
31 notwithstanding.
32 Section 19. Report; repeal.
33 (a) The Cook County Public Defender, the Cook County
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1 State's Attorney, the State Appellate Defender, the State's
2 Attorneys Appellate Prosecutor, and the Attorney General
3 shall each report separately to the General Assembly by
4 January 1, 2004 detailing the amounts of money received by
5 them through this Act, the uses for which those funds were
6 expended, the balances then in the Capital Litigation Trust
7 Fund or county accounts, as the case may be, dedicated to
8 them for the use and support of Public Defenders, appointed
9 trial defense counsel, and State's Attorneys, as the case may
10 be. The report shall describe and discuss the need for
11 continued funding through the Fund and contain any
12 suggestions for changes to this Act.
13 (b) Unless the General Assembly provides otherwise, this
14 Act is repealed on July 1, 2004.
15 Section 20. The Civil Administrative Code of Illinois is
16 amended by changing Section 55a-4 as follows:
17 (20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
18 Sec. 55a-4. The Division of Forensic Services shall
19 exercise the following functions:
20 1. to exercise the rights, powers and duties vested by
21 law in the Department by "An Act in relation to criminal
22 identification and investigation", approved July 2, 1931, as
23 amended;
24 2. to exercise the rights, powers and duties vested by
25 law in the Department by subsection (5) of Section 55a of
26 this Act;
27 3. to provide assistance to local law enforcement
28 agencies through training, management and consultant
29 services;
30 4. to exercise the rights, powers and duties vested by
31 law in the Department by "An Act relating to the
32 acquisition, possession and transfer of firearms and firearm
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1 ammunition and to provide a penalty for the violation thereof
2 and to make an appropriation in connection therewith",
3 approved August 3, 1967, as amended;
4 5. to exercise other duties which may be assigned by the
5 Director in order to fulfill the responsibilities and achieve
6 the purposes of the Department; and
7 6. to establish and operate a forensic science
8 laboratory system, including a forensic toxicological
9 laboratory service, for the purpose of testing specimens
10 submitted by coroners and other law enforcement officers in
11 their efforts to determine whether alcohol, drugs or
12 poisonous or other toxic substances have been involved in
13 deaths, accidents or illness. Forensic toxicological
14 laboratories shall be established in Springfield, Chicago and
15 elsewhere in the State as needed; and.
16 7. subject to specific appropriations made for these
17 purposes, to establish and coordinate a system for providing
18 accurate and expedited forensic science and other
19 investigative and laboratory services to local law
20 enforcement agencies and local State's Attorneys in aid of
21 the investigation and trial of capital cases.
22 (Source: P.A. 90-130, eff. 1-1-98.)
23 Section 23. The State Finance Act is amended by adding
24 Section 5.490 as follows:
25 (30 ILCS 105/5.490 new)
26 Sec. 5.490. Capital Litigation Trust Fund.
27 Section 25. The Counties Code is amended by changing
28 Section 3-9005 and adding Section 3-4006.1 as follows:
29 (55 ILCS 5/3-4006.1 new)
30 Sec. 3-4006.1. Powers and Duties of the Cook County
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1 Public Defender. For each State fiscal year, the Cook County
2 Public Defender shall appear before the General Assembly and
3 request appropriations to be made from the Capital Litigation
4 Trust Fund to the State Treasurer for the purpose of
5 providing trial defense assistance in capital cases. The
6 Public Defender may appear before the General Assembly at
7 other times during the State's fiscal year to request
8 supplemental appropriations be made from the Trust Fund to
9 the State Treasurer.
10 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
11 Sec. 3-9005. Powers and duties of State's attorney.
12 (a) The duty of each State's attorney shall be:
13 (1) To commence and prosecute all actions, suits,
14 indictments and prosecutions, civil and criminal, in the
15 circuit court for his county, in which the people of the
16 State or county may be concerned.
17 (2) To prosecute all forfeited bonds and
18 recognizances, and all actions and proceedings for the
19 recovery of debts, revenues, moneys, fines, penalties and
20 forfeitures accruing to the State or his county, or to
21 any school district or road district in his county; also,
22 to prosecute all suits in his county against railroad or
23 transportation companies, which may be prosecuted in the
24 name of the People of the State of Illinois.
25 (3) To commence and prosecute all actions and
26 proceedings brought by any county officer in his official
27 capacity.
28 (4) To defend all actions and proceedings brought
29 against his county, or against any county or State
30 officer, in his official capacity, within his county.
31 (5) To attend the examination of all persons
32 brought before any judge on habeas corpus, when the
33 prosecution is in his county.
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1 (6) To attend before judges and prosecute charges
2 of felony or misdemeanor, for which the offender is
3 required to be recognized to appear before the circuit
4 court, when in his power so to do.
5 (7) To give his opinion, without fee or reward, to
6 any county officer in his county, upon any question or
7 law relating to any criminal or other matter, in which
8 the people or the county may be concerned.
9 (8) To assist the attorney general whenever it may
10 be necessary, and in cases of appeal from his county to
11 the Supreme Court, to which it is the duty of the
12 attorney general to attend, he shall furnish the attorney
13 general at least 10 days before such is due to be filed,
14 a manuscript of a proposed statement, brief and argument
15 to be printed and filed on behalf of the people, prepared
16 in accordance with the rules of the Supreme Court.
17 However, if such brief, argument or other document is due
18 to be filed by law or order of court within this 10 day
19 period, then the State's attorney shall furnish such as
20 soon as may be reasonable.
21 (9) To pay all moneys received by him in trust,
22 without delay, to the officer who by law is entitled to
23 the custody thereof.
24 (10) To notify, by first class mail, complaining
25 witnesses of the ultimate disposition of the cases
26 arising from an indictment or an information.
27 (11) To perform such other and further duties as
28 may, from time to time, be enjoined on him by law.
29 (12) To appear in all proceedings by collectors of
30 taxes against delinquent taxpayers for judgments to sell
31 real estate, and see that all the necessary preliminary
32 steps have been legally taken to make the judgment legal
33 and binding.
34 (b) The State's Attorney of each county shall have
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1 authority to appoint one or more special investigators to
2 serve subpoenas, make return of process and conduct
3 investigations which assist the State's Attorney in the
4 performance of his duties. A special investigator shall not
5 carry firearms except with permission of the State's Attorney
6 and only while carrying appropriate identification indicating
7 his employment and in the performance of his assigned duties.
8 Subject to the qualifications set forth in this
9 subsection, special investigators shall be peace officers and
10 shall have all the powers possessed by investigators under
11 the State's Attorneys Appellate Prosecutor's Act.
12 No special investigator employed by the State's Attorney
13 shall have peace officer status or exercise police powers
14 unless he or she successfully completes the basic police
15 training course mandated and approved by the Illinois Law
16 Enforcement Training Standards Board or such board waives the
17 training requirement by reason of the special investigator's
18 prior law enforcement experience or training or both. Any
19 State's Attorney appointing a special investigator shall
20 consult with all affected local police agencies, to the
21 extent consistent with the public interest, if the special
22 investigator is assigned to areas within that agency's
23 jurisdiction.
24 Before a person is appointed as a special investigator,
25 his fingerprints shall be taken and transmitted to the
26 Department of State Police. The Department shall examine its
27 records and submit to the State's Attorney of the county in
28 which the investigator seeks appointment any conviction
29 information concerning the person on file with the
30 Department. No person shall be appointed as a special
31 investigator if he has been convicted of a felony or other
32 offense involving moral turpitude. A special investigator
33 shall be paid a salary and be reimbursed for actual expenses
34 incurred in performing his assigned duties. The county board
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1 shall approve the salary and actual expenses and appropriate
2 the salary and expenses in the manner prescribed by law or
3 ordinance.
4 (c) The State's Attorney may request and receive from
5 employers, labor unions, telephone companies, and utility
6 companies location information concerning putative fathers
7 and noncustodial parents for the purpose of establishing a
8 child's paternity or establishing, enforcing, or modifying a
9 child support obligation. In this subsection, "location
10 information" means information about (i) the physical
11 whereabouts of a putative father or noncustodial parent, (ii)
12 the putative father or noncustodial parent's employer, or
13 (iii) the salary, wages, and other compensation paid and the
14 health insurance coverage provided to the putative father or
15 noncustodial parent by the employer of the putative father or
16 noncustodial parent or by a labor union of which the putative
17 father or noncustodial parent is a member.
18 (d) For each State fiscal year, the State's Attorney of
19 Cook County shall appear before the General Assembly and
20 request appropriations to be made from the Capital Litigation
21 Trust Fund to the State Treasurer for the purpose of
22 providing assistance in the prosecution of capital cases in
23 Cook County. The State's Attorney may appear before the
24 General Assembly at other times during the State's fiscal
25 year to request supplemental appropriations from the Trust
26 Fund to the State Treasurer.
27 (Source: P.A. 88-586, eff. 8-12-94; 89-395, eff. 1-1-96.)
28 Section 30. The Code of Criminal Procedure of 1963 is
29 amended by changing Section 113-3 as follows:
30 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
31 Sec. 113-3. (a) Every person charged with an offense
32 shall be allowed counsel before pleading to the charge. If
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1 the defendant desires counsel and has been unable to obtain
2 same before arraignment the court shall recess court or
3 continue the cause for a reasonable time to permit defendant
4 to obtain counsel and consult with him before pleading to the
5 charge. If the accused is a dissolved corporation, and is not
6 represented by counsel, the court may, in the interest of
7 justice, appoint as counsel a licensed attorney of this
8 State.
9 (b) In all cases, except where the penalty is a fine
10 only, if the court determines that the defendant is indigent
11 and desires counsel, the Public Defender shall be appointed
12 as counsel. If there is no Public Defender in the county or
13 if the defendant requests counsel other than the Public
14 Defender and the court finds that the rights of the defendant
15 will be prejudiced by the appointment of the Public Defender,
16 the court shall appoint as counsel a licensed attorney at law
17 of this State, except that in a county having a population of
18 2,000,000 1,000,000 or more the Public Defender shall be
19 appointed as counsel in all misdemeanor cases where the
20 defendant is indigent and desires counsel unless the case
21 involves multiple defendants, in which case the court may
22 appoint counsel other than the Public Defender for the
23 additional defendants. The court shall require an affidavit
24 signed by any defendant who requests court-appointed counsel.
25 Such affidavit shall be in the form established by the
26 Supreme Court containing sufficient information to ascertain
27 the assets and liabilities of that defendant. The Court may
28 direct the Clerk of the Circuit Court to assist the defendant
29 in the completion of the affidavit. Any person who knowingly
30 files such affidavit containing false information concerning
31 his assets and liabilities shall be liable to the county
32 where the case, in which such false affidavit is filed, is
33 pending for the reasonable value of the services rendered by
34 the public defender or other court-appointed counsel in the
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1 case to the extent that such services were unjustly or
2 falsely procured.
3 (c) Upon the filing with the court of a verified
4 statement of services rendered the court shall order the
5 county treasurer of the county of trial to pay counsel other
6 than the Public Defender a reasonable fee. The court shall
7 consider all relevant circumstances, including but not
8 limited to the time spent while court is in session, other
9 time spent in representing the defendant, and expenses
10 reasonably incurred by counsel. In counties with a
11 population greater than 2,000,000, the court shall order the
12 county treasurer of the county of trial to pay counsel other
13 than the Public Defender a reasonable fee stated in the order
14 and based upon a rate of compensation of not more than $40
15 for each hour spent while court is in session and not more
16 than $30 for each hour otherwise spent representing a
17 defendant, and such compensation shall not exceed $150 for
18 each defendant represented in misdemeanor cases and $1250 in
19 felony cases, in addition to expenses reasonably incurred as
20 hereinafter in this Section provided, except that, in
21 extraordinary circumstances, payment in excess of the limits
22 herein stated may be made if the trial court certifies that
23 such payment is necessary to provide fair compensation for
24 protracted representation. A trial court may entertain the
25 filing of this verified statement before the termination of
26 the cause, and may order the provisional payment of sums
27 during the pendency of the cause.
28 (d) In capital cases, in addition to counsel, if the
29 court determines that the defendant is indigent the court
30 may, upon the filing with the court of a verified statement
31 of services rendered, order the county Treasurer of the
32 county of trial to pay necessary expert witnesses for
33 defendant reasonable compensation stated in the order not to
34 exceed $250 for each defendant.
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1 (e) If the court in any county having a population
2 greater than 2,000,000 1,000,000 determines that the
3 defendant is indigent the court may, upon the filing with the
4 court of a verified statement of such expenses, order the
5 county treasurer of the county of trial, in such counties
6 having a population greater than 2,000,000 1,000,000 to pay
7 the general expenses of the trial incurred by the defendant
8 not to exceed $50 for each defendant.
9 (f) The provisions of this Section relating to
10 appointment of counsel, compensation of counsel, and payment
11 of expenses in capital cases apply except when the
12 compensation and expenses are being provided under the
13 Capital Crimes Litigation Act.
14 (Source: P.A. 85-1344.)
15 Section 35. The State Appellate Defender Act is amended
16 by changing Section 10 as follows:
17 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
18 Sec. 10. Powers and duties of State Appellate Defender.
19 (a) The State Appellate Defender shall represent
20 indigent persons on appeal in criminal and delinquent minor
21 proceedings, when appointed to do so by a court under a
22 Supreme Court Rule or law of this State.
23 (b) The State Appellate Defender shall submit a budget
24 for the approval of the State Appellate Defender Commission.
25 (c) The State Appellate Defender may:
26 (1) maintain a panel of private attorneys available
27 to serve as counsel on a case basis;
28 (2) establish programs, alone or in conjunction
29 with law schools, for the purpose of utilizing volunteer
30 law students as legal assistants;
31 (3) cooperate and consult with state agencies,
32 professional associations, and other groups concerning
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1 the causes of criminal conduct, the rehabilitation and
2 correction of persons charged with and convicted of
3 crime, the administration of criminal justice, and, in
4 counties of less than 1,000,000 population, study,
5 design, develop and implement model systems for the
6 delivery of trial level defender services, and make an
7 annual report to the General Assembly;
8 (4) provide investigative services to appointed
9 counsel and county public defenders;.
10 (5) in cases in which a death sentence is an
11 authorized disposition, provide trial counsel with the
12 assistance of expert witnesses, investigators, and
13 mitigation specialists from funds appropriated to the
14 State Appellate Defender specifically for that purpose by
15 the General Assembly. The Office of State Appellate
16 Defender shall not be appointed to serve as trial counsel
17 in capital cases.
18 (d) For each State fiscal year, the State Appellate
19 Defender shall appear before the General Assembly and request
20 appropriations to be made from the Capital Litigation Trust
21 Fund to the State Treasurer for the purpose of providing
22 defense assistance in capital cases outside of Cook County.
23 The State Appellate Defender may appear before the General
24 Assembly at other times during the State's fiscal year to
25 request supplemental appropriations from the Trust Fund to
26 the State Treasurer.
27 (e) The requirement for reporting to the General
28 Assembly shall be satisfied by filing copies of the report
29 with the Speaker, the Minority Leader and the Clerk of the
30 House of Representatives and the President, the Minority
31 Leader and the Secretary of the Senate and the Legislative
32 Research Unit, as required by Section 3.1 of the General
33 Assembly Organization Act and filing such additional copies
34 with the State Government Report Distribution Center for the
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1 General Assembly as is required under paragraph (t) of
2 Section 7 of the State Library Act.
3 (Source: P.A. 86-1210; 87-435; 87-580; 87-614.)
4 Section 99. Effective date. This Act takes effect on
5 January 1, 2000.
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