[ Back ] [ Bottom ]
91_SB0574eng
SB574 Engrossed 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. State Appellate Defender trial assistance in
7 capital cases.
8 (a) Whenever the public defender of any county, or
9 another attorney appointed by the court to represent an
10 indigent defendant, believes that a criminal complaint,
11 indictment, or information filed accuses the defendant of a
12 capital crime, he or she may file a petition in the circuit
13 court stating the reasons for his or her belief and
14 requesting that the Office of the State Appellate Defender be
15 appointed to provide assistance in the pre-trial
16 investigation, trial preparation, and trial of the case.
17 (b) If the court finds that the defendant on whose
18 behalf the petition is filed is accused of an offense that
19 may be a capital crime, and the State's Attorney has neither
20 filed a certificate indicating that he or she will not seek
21 the death penalty nor stated on the record and in open court
22 that he or she will not seek the death penalty, the court
23 shall appoint the Office of State Appellate Defender to
24 provide pre-trial investigatory and other pre-trial
25 assistance and trial assistance and aid to the defendant. If
26 ordered by the trial court, the Office of the State Appellate
27 Defender shall provide pre-trial investigatory and other
28 pre-trial and trial assistance to the attorneys who have been
29 appointed to represent an indigent defendant who is charged
30 with a capital crime. Unless the court appoints the public
31 defender to represent the defendant, the court shall
SB574 Engrossed -2- SRS91S0019PWch
1 immediately appoint a qualified attorney, other than the
2 Office of the State Appellate Defender, to represent the
3 defendant as lead counsel and shall appoint the public
4 defender as co-counsel, and by written order specifically
5 designate the attorneys. When the court appoints the public
6 defender as lead counsel, it shall appoint one other
7 qualified attorney, who may be an assistant public defender.
8 (c) Attorneys shall be deemed qualified by experience
9 and competency in these matters according to the criteria set
10 forth in this subsection.
11 (1) Lead counsel. An attorney appointed to serve as
12 lead counsel shall be considered qualified by experience
13 and competency for the representation of indigent
14 defendants in capital cases who: is an experienced and
15 active trial practitioner with at least 5 years of
16 criminal litigation experience, and who has had prior
17 experience as lead or co-counsel in at least 8 felony
18 jury trials which were tried, at least 2 of which were
19 homicide cases and at least 5 of which were conducted as
20 trial counsel to completion; and who has either
21 completed, within 2 years prior to appointment, at least
22 12 hours of training in the defense of capital cases in
23 courses provided by the Office of the State Appellate
24 Defender or participated in by that Office, or has
25 substantial familiarity with and experience in the direct
26 and cross examination of expert and forensic witnesses,
27 and of the presentation and role of medical and
28 scientific evidence, including, but not limited to,
29 evidence relating to the pathology of homicide, violent
30 death, or death occurring through unusual or suspicious
31 circumstances. If the public defender meets the
32 foregoing qualifications, he or she shall be appointed as
33 lead counsel.
34 (2) An attorney appointed to serve as co-counsel
SB574 Engrossed -3- SRS91S0019PWch
1 shall be considered qualified by experience and
2 competency for the representation of indigent defendants
3 in capital cases who:
4 (i) is the public defender or an assistant
5 public defender; or
6 (ii) is an experienced and active trial
7 practitioner with at least 3 years of criminal
8 litigation experience, and who has prior experience
9 as lead counsel in no fewer than 5 felony jury
10 trials that were tried to completion, and who has
11 either completed within 2 years prior to his or her
12 appointment, at least 12 hours of training in the
13 trial defense of capital cases from courses provided
14 by the Office of the State Appellate Defender, or
15 participated in by that Office, or has substantial
16 familiarity with and experience in the direct and
17 cross examination of expert and forensic witnesses,
18 and of the presentation and role of medical and
19 scientific evidence, including, but not limited to,
20 evidence relating to the pathology of homicide.
21 (d) In the appointment of counsel, the nature and volume
22 of the workload of appointed counsel shall be considered to
23 assure that counsel can direct sufficient attention to the
24 defense of a capital case. Public defenders and attorneys
25 accepting appointments under this Section shall provide each
26 client with quality representation in accordance with
27 constitutional and professional standards. Unless the Supreme
28 Court provides otherwise by rule, the court appointing
29 counsel shall not make an appointment of counsel in a capital
30 case without assessing the impact of the appointment on the
31 attorney's workload.
32 (e) Appointed counsel in capital cases, other than
33 public defenders and assistant public defenders, shall be
34 compensated under this Section upon presentment to and
SB574 Engrossed -4- SRS91S0019PWch
1 approval by the court of a claim for services detailing the
2 date, activity, and time duration for which compensation is
3 sought. The court shall order that periodic billing and
4 payment during the course of counsel's representation shall
5 be made.
6 (f) Except for public defenders and assistant public
7 defenders, defense counsel appointed in capital cases shall
8 be compensated for time and services as provided in this Act.
9 Upon the court's determination that the time and services
10 itemized in the petition are reasonable and necessary, it
11 shall order the Office of the State Appellate Defender to pay
12 all or a designated portion of the amount requested in the
13 petition from funds appropriated by the General Assembly
14 specifically for that purpose, at a rate of hourly
15 compensation to be provided by law.
16 (g) Upon a finding of indigence, the trial court
17 imposing a sentence of death shall immediately enter a
18 written order specifically appointing the Office of the State
19 Appellate Defender to represent the defendant in all
20 post-conviction matters presented or heard in the State
21 courts; except that, where appropriate, the court may appoint
22 the public defender for a county having a population in
23 excess of 1,000,000 to represent the defendant in all State
24 post-conviction proceedings. Appointment under this Section
25 shall include assistance for the defendant in securing
26 federal representation if State post-conviction remedies have
27 been exhausted. The rate of compensation for post-conviction
28 services provided by contract with the Office of State
29 Appellate Defender or by the public defender for a county
30 having a population in excess of 1,000,000, shall be as
31 provided by law.
32 The Office of State Appellate Defender shall provide
33 post-conviction counsel in capital cases in which it has been
34 appointed with investigative services, expert witness
SB574 Engrossed -5- SRS91S0019PWch
1 services, and all other services necessary to secure the
2 adequate preparation and presentation of issues related to
3 post-conviction proceedings.
4 Section 10. Capital Litigation Trust Fund.
5 (a) A special fund is created in the State Treasury
6 known as the Capital Litigation Trust Fund, which shall be
7 administered by the Administrative Office of the Illinois
8 Courts. All interest earned from the investment or deposit
9 of moneys accumulated in the Trust Fund shall, under Section
10 4.1 of the State Finance Act, be deposited in the Trust Fund.
11 (b) Money deposited in this Trust Fund shall not be
12 considered general revenue of the State of Illinois.
13 (c) Money deposited in the Trust Fund shall be used only
14 to enhance efforts to effectuate the purposes of this Act and
15 shall not be appropriated, loaned, or in any manner
16 transferred to the General Revenue Fund of the State of
17 Illinois.
18 (d) Before June 1, 1999, and prior to June 1 of each
19 year thereafter, the General Assembly shall appropriate funds
20 for the Trust Fund sufficient to undertake its purposes, and
21 shall authorize the disbursement of those funds to the
22 Administrative Office of the Illinois Courts.
23 (e) Money in the Trust Fund shall be expended as
24 follows:
25 (1) To pay the Administrative Office of the
26 Illinois Courts' costs to administer the Trust Fund, but
27 for this purpose in an amount not to exceed 5% in any one
28 fiscal year of the amount appropriated under paragraph
29 (d) of this Section in that same fiscal year.
30 (2) To achieve the purposes and objectives of this
31 Act, which may include, but are not limited to, the
32 following:
33 (A) To provide financial support through the
SB574 Engrossed -6- SRS91S0019PWch
1 Office of the State Appellate Defender and the
2 Office of the Cook County Public Defender for the
3 defense of capital cases; to provide financial
4 support to the Office of the Cook County State's
5 Attorney for the prosecution of capital cases; to
6 provide financial support through the Office of the
7 State's Attorneys Appellate Prosecutor for the
8 prosecution of capital cases outside of Cook County,
9 and for the training of prosecutors, under the
10 direction of the Office of the State's Attorneys
11 Appellate Prosecutor; and for training of the
12 judiciary for programs designed to improve the
13 administration of the criminal justice system in the
14 administration of the death penalty.
15 (B) To provide financial support for plans,
16 programs, and projects designed to achieve the
17 purposes of this Act.
18 (f) In the event the Trust Fund were to be discontinued
19 or the Council were to be dissolved by an Act of the General
20 Assembly or by operation of law, then, notwithstanding the
21 provisions of Section 5 of the State Finance Act, any balance
22 remaining therein shall be returned to the General Revenue
23 Fund after deduction of administrative costs.
24 Section 95. The State Finance Act is amended by adding
25 Section 5.490 as follows:
26 (30 ILCS 105/5.490 new)
27 Sec. 5.490. Capital Litigation Trust Fund.
28 Section 105. The Civil Administrative Code of Illinois
29 is amended by changing Section 55a-4 as follows:
30 (20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
SB574 Engrossed -7- SRS91S0019PWch
1 Sec. 55a-4. The Division of Forensic Services shall
2 exercise the following functions:
3 1. to exercise the rights, powers and duties vested by
4 law in the Department by "An Act in relation to criminal
5 identification and investigation", approved July 2, 1931, as
6 amended;
7 2. to exercise the rights, powers and duties vested by
8 law in the Department by subsection (5) of Section 55a of
9 this Act;
10 3. to provide assistance to local law enforcement
11 agencies through training, management and consultant
12 services;
13 4. to exercise the rights, powers and duties vested by
14 law in the Department by "An Act relating to the
15 acquisition, possession and transfer of firearms and firearm
16 ammunition and to provide a penalty for the violation thereof
17 and to make an appropriation in connection therewith",
18 approved August 3, 1967, as amended;
19 5. to exercise other duties which may be assigned by the
20 Director in order to fulfill the responsibilities and achieve
21 the purposes of the Department; and
22 6. to establish and operate a forensic science
23 laboratory system, including a forensic toxicological
24 laboratory service, for the purpose of testing specimens
25 submitted by coroners and other law enforcement officers in
26 their efforts to determine whether alcohol, drugs or
27 poisonous or other toxic substances have been involved in
28 deaths, accidents or illness. Forensic toxicological
29 laboratories shall be established in Springfield, Chicago and
30 elsewhere in the State as needed; and .
31 7. to establish and coordinate a system for providing
32 accurate and rapid forensic science and other investigative
33 and laboratory services to local law enforcement agencies and
34 to local State's Attorneys in aid of the investigation and
SB574 Engrossed -8- SRS91S0019PWch
1 trial of capital cases. Assistance in the trial of capital
2 cases includes the direct provision of video cameras and
3 video and other recording equipment or video camera or
4 recording equipment services to local law enforcement
5 agencies and to local State's Attorneys.
6 (Source: P.A. 90-130, eff. 1-1-98.)
7 Section 110. The Counties Code is amended by changing
8 Section 3-9005 and adding Section 3-4006.1 as follows:
9 (55 ILCS 5/3-4006.1 new)
10 Sec. 3-4006.1. Duties of public defender in counties
11 over 1,000,000. The public defender in counties with more
12 than 1,000,000 inhabitants shall receive moneys ordered
13 transferred from the Capital Litigation Trust Fund by the
14 Office of the State Appellate Defender that are appropriated
15 by the General Assembly for the investigation and trial of
16 capital cases. These funds shall be expended exclusively for
17 the investigation, trial, and post-conviction proceedings
18 related to capital cases.
19 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
20 Sec. 3-9005. Powers and duties of State's attorney.
21 (a) The duty of each State's attorney shall be:
22 (1) To commence and prosecute all actions, suits,
23 indictments and prosecutions, civil and criminal, in the
24 circuit court for his county, in which the people of the
25 State or county may be concerned.
26 (2) To prosecute all forfeited bonds and
27 recognizances, and all actions and proceedings for the
28 recovery of debts, revenues, moneys, fines, penalties and
29 forfeitures accruing to the State or his county, or to
30 any school district or road district in his county; also,
31 to prosecute all suits in his county against railroad or
SB574 Engrossed -9- SRS91S0019PWch
1 transportation companies, which may be prosecuted in the
2 name of the People of the State of Illinois.
3 (3) To commence and prosecute all actions and
4 proceedings brought by any county officer in his official
5 capacity.
6 (4) To defend all actions and proceedings brought
7 against his county, or against any county or State
8 officer, in his official capacity, within his county.
9 (5) To attend the examination of all persons
10 brought before any judge on habeas corpus, when the
11 prosecution is in his county.
12 (6) To attend before judges and prosecute charges
13 of felony or misdemeanor, for which the offender is
14 required to be recognized to appear before the circuit
15 court, when in his power so to do.
16 (7) To give his opinion, without fee or reward, to
17 any county officer in his county, upon any question or
18 law relating to any criminal or other matter, in which
19 the people or the county may be concerned.
20 (8) To assist the attorney general whenever it may
21 be necessary, and in cases of appeal from his county to
22 the Supreme Court, to which it is the duty of the
23 attorney general to attend, he shall furnish the attorney
24 general at least 10 days before such is due to be filed,
25 a manuscript of a proposed statement, brief and argument
26 to be printed and filed on behalf of the people, prepared
27 in accordance with the rules of the Supreme Court.
28 However, if such brief, argument or other document is due
29 to be filed by law or order of court within this 10 day
30 period, then the State's attorney shall furnish such as
31 soon as may be reasonable.
32 (9) To pay all moneys received by him in trust,
33 without delay, to the officer who by law is entitled to
34 the custody thereof.
SB574 Engrossed -10- SRS91S0019PWch
1 (10) To notify, by first class mail, complaining
2 witnesses of the ultimate disposition of the cases
3 arising from an indictment or an information.
4 (11) To perform such other and further duties as
5 may, from time to time, be enjoined on him by law.
6 (12) To appear in all proceedings by collectors of
7 taxes against delinquent taxpayers for judgments to sell
8 real estate, and see that all the necessary preliminary
9 steps have been legally taken to make the judgment legal
10 and binding.
11 (b) The State's Attorney of each county shall have
12 authority to appoint one or more special investigators to
13 serve subpoenas, make return of process and conduct
14 investigations which assist the State's Attorney in the
15 performance of his duties. A special investigator shall not
16 carry firearms except with permission of the State's Attorney
17 and only while carrying appropriate identification indicating
18 his employment and in the performance of his assigned duties.
19 Subject to the qualifications set forth in this
20 subsection, special investigators shall be peace officers and
21 shall have all the powers possessed by investigators under
22 the State's Attorneys Appellate Prosecutor's Act.
23 No special investigator employed by the State's Attorney
24 shall have peace officer status or exercise police powers
25 unless he or she successfully completes the basic police
26 training course mandated and approved by the Illinois Law
27 Enforcement Training Standards Board or such board waives the
28 training requirement by reason of the special investigator's
29 prior law enforcement experience or training or both. Any
30 State's Attorney appointing a special investigator shall
31 consult with all affected local police agencies, to the
32 extent consistent with the public interest, if the special
33 investigator is assigned to areas within that agency's
34 jurisdiction.
SB574 Engrossed -11- SRS91S0019PWch
1 Before a person is appointed as a special investigator,
2 his fingerprints shall be taken and transmitted to the
3 Department of State Police. The Department shall examine its
4 records and submit to the State's Attorney of the county in
5 which the investigator seeks appointment any conviction
6 information concerning the person on file with the
7 Department. No person shall be appointed as a special
8 investigator if he has been convicted of a felony or other
9 offense involving moral turpitude. A special investigator
10 shall be paid a salary and be reimbursed for actual expenses
11 incurred in performing his assigned duties. The county board
12 shall approve the salary and actual expenses and appropriate
13 the salary and expenses in the manner prescribed by law or
14 ordinance.
15 (c) The State's Attorney may request and receive from
16 employers, labor unions, telephone companies, and utility
17 companies location information concerning putative fathers
18 and noncustodial parents for the purpose of establishing a
19 child's paternity or establishing, enforcing, or modifying a
20 child support obligation. In this subsection, "location
21 information" means information about (i) the physical
22 whereabouts of a putative father or noncustodial parent, (ii)
23 the putative father or noncustodial parent's employer, or
24 (iii) the salary, wages, and other compensation paid and the
25 health insurance coverage provided to the putative father or
26 noncustodial parent by the employer of the putative father or
27 noncustodial parent or by a labor union of which the putative
28 father or noncustodial parent is a member.
29 (d) In counties with more than 1,000,000 inhabitants,
30 the State's Attorney shall receive moneys ordered transferred
31 from the Capital Litigation Trust Fund by the Director of the
32 Office of the State's Attorneys Appellate Prosecutor that are
33 appropriated by the General Assembly for the investigation
34 and trial of capital cases. These funds shall be used
SB574 Engrossed -12- SRS91S0019PWch
1 exclusively for the investigation, trial, and post-conviction
2 proceedings related to capital cases.
3 (Source: P.A. 88-586, eff. 8-12-94; 89-395, eff. 1-1-96.)
4 Section 115. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 113-3 as follows:
6 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
7 Sec. 113-3. (a) Every person charged with an offense
8 shall be allowed counsel before pleading to the charge. If
9 the defendant desires counsel and has been unable to obtain
10 same before arraignment the court shall recess court or
11 continue the cause for a reasonable time to permit defendant
12 to obtain counsel and consult with him before pleading to the
13 charge. If the accused is a dissolved corporation, and is not
14 represented by counsel, the court may, in the interest of
15 justice, appoint as counsel a licensed attorney of this
16 State.
17 (b) In all cases, except where the penalty is a fine
18 only, if the court determines that the defendant is indigent
19 and desires counsel, the Public Defender shall be appointed
20 as counsel. If there is no Public Defender in the county or
21 if the defendant requests counsel other than the Public
22 Defender and the court finds that the rights of the defendant
23 will be prejudiced by the appointment of the Public Defender,
24 the court shall appoint as counsel a licensed attorney at law
25 of this State, except that in a county having a population of
26 1,000,000 or more the Public Defender shall be appointed as
27 counsel in all misdemeanor cases where the defendant is
28 indigent and desires counsel unless the case involves
29 multiple defendants, in which case the court may appoint
30 counsel other than the Public Defender for the additional
31 defendants. The court shall require an affidavit signed by
32 any defendant who requests court-appointed counsel. Such
SB574 Engrossed -13- SRS91S0019PWch
1 affidavit shall be in the form established by the Supreme
2 Court containing sufficient information to ascertain the
3 assets and liabilities of that defendant. The Court may
4 direct the Clerk of the Circuit Court to assist the defendant
5 in the completion of the affidavit. Any person who knowingly
6 files such affidavit containing false information concerning
7 his assets and liabilities shall be liable to the county
8 where the case, in which such false affidavit is filed, is
9 pending for the reasonable value of the services rendered by
10 the public defender or other court-appointed counsel in the
11 case to the extent that such services were unjustly or
12 falsely procured.
13 (c) Upon the filing with the court of a verified
14 statement of services rendered the court shall order the
15 county treasurer of the county of trial to pay counsel other
16 than the Public Defender a reasonable fee. The court shall
17 consider all relevant circumstances, including but not
18 limited to the time spent while court is in session, other
19 time spent in representing the defendant, and expenses
20 reasonably incurred by counsel. In counties with a
21 population greater than 2,000,000, the court shall order the
22 county treasurer of the county of trial to pay counsel other
23 than the Public Defender a reasonable fee stated in the order
24 and based upon a rate of compensation of not more than $40
25 for each hour spent while court is in session and not more
26 than $30 for each hour otherwise spent representing a
27 defendant, and such compensation shall not exceed $150 for
28 each defendant represented in misdemeanor cases and $1250 in
29 felony cases, in addition to expenses reasonably incurred as
30 hereinafter in this Section provided, except that, in
31 extraordinary circumstances, payment in excess of the limits
32 herein stated may be made if the trial court certifies that
33 such payment is necessary to provide fair compensation for
34 protracted representation. A trial court may entertain the
SB574 Engrossed -14- SRS91S0019PWch
1 filing of this verified statement before the termination of
2 the cause, and may order the provisional payment of sums
3 during the pendency of the cause. In capital cases, upon the
4 filing with the court of a verified statement of services
5 rendered, the court may order the State Appellate Defender to
6 pay counsel other than the public defender a reasonable fee
7 from funds specifically appropriated by the General Assembly
8 for that purpose.
9 (d) In capital cases, in addition to counsel, if the
10 court determines that the defendant is indigent the court
11 may, upon the filing with the court of a verified statement
12 of services rendered, order the State Appellate Defender
13 county treasurer of the county of trial to pay necessary
14 expert witness fees from funds specifically appropriated by
15 the General Assembly for that purpose witnesses for defendant
16 reasonable compensation stated in the order not to exceed
17 $250 for each defendant.
18 (e) If the court in any county having a population
19 greater than 1,000,000 determines that the defendant is
20 indigent the court may, upon the filing with the court of a
21 verified statement of such expenses, order the county
22 treasurer of the county of trial, in such counties having a
23 population greater than 1,000,000 to pay the general expenses
24 of the trial incurred by the defendant not to exceed $50 for
25 each defendant.
26 (Source: P.A. 85-1344.)
27 Section 120. The State Appellate Defender Act is amended
28 by changing Section 10 as follows:
29 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
30 Sec. 10. Powers and duties of State Appellate Defender.
31 (a) The State Appellate Defender shall represent
32 indigent persons on appeal in criminal and delinquent minor
SB574 Engrossed -15- SRS91S0019PWch
1 proceedings, when appointed to do so by a court under a
2 Supreme Court Rule or law of this State.
3 (b) The State Appellate Defender shall submit a budget
4 for the approval of the State Appellate Defender Commission.
5 (c) The State Appellate Defender may:
6 (1) maintain a panel of private attorneys available
7 to serve as counsel on a case basis;
8 (2) establish programs, alone or in conjunction
9 with law schools, for the purpose of utilizing volunteer
10 law students as legal assistants;
11 (3) cooperate and consult with state agencies,
12 professional associations, and other groups concerning
13 the causes of criminal conduct, the rehabilitation and
14 correction of persons charged with and convicted of
15 crime, the administration of criminal justice, and, in
16 counties of less than 1,000,000 population, study,
17 design, develop and implement model systems for the
18 delivery of trial level defender services, and make an
19 annual report to the General Assembly;
20 (4) (Blank) provide investigative services to
21 appointed counsel and county public defenders.
22 (d) The State Appellate Defender shall, in and for the
23 trial of capital cases:
24 (1) Maintain a panel of qualified private attorneys
25 and expert witnesses available to serve as trial counsel
26 or provide scientific testing and testimony on a case by
27 case basis and provide a regularly updated list of those
28 attorneys to the Administrative Office of the Illinois
29 Courts. The State Appellate Defender shall not itself,
30 nor its attorneys, be appointed to serve as trial counsel
31 in capital cases.
32 (2) Seek funding from the General Assembly, and
33 from funds appropriated by the General Assembly to the
34 Capital Litigation Trust Fund, to provide public defender
SB574 Engrossed -16- SRS91S0019PWch
1 offices in counties having a population of 1,000,000 or
2 more with annual grants to be used by the county public
3 defender exclusively for the investigation, trial, and
4 post-conviction review of capital cases.
5 The requirement for reporting to the General Assembly
6 shall be satisfied by filing copies of the report with the
7 Speaker, the Minority Leader and the Clerk of the House of
8 Representatives and the President, the Minority Leader and
9 the Secretary of the Senate and the Legislative Research
10 Unit, as required by Section 3.1 of the General Assembly
11 Organization Act and filing such additional copies with the
12 State Government Report Distribution Center for the General
13 Assembly as is required under paragraph (t) of Section 7 of
14 the State Library Act.
15 (Source: P.A. 86-1210; 87-435; 87-580; 87-614.)
16 Section 125. The State's Attorneys Appellate
17 Prosecutor's Act is amended by changing Sections 6, 7.05, and
18 7.06 and adding Section 7.07 as follows:
19 (725 ILCS 210/6) (from Ch. 14, par. 206)
20 Sec. 6. The Office is to be organized in the following
21 manner:
22 (a) The staff of the Office of the State's Attorneys
23 Appellate Prosecutor shall consist of a Director, 4 Deputy
24 Directors, Staff Attorneys and such other administrative,
25 secretarial and clerical employees as may be necessary. The
26 State's Attorneys Appellate Prosecutor staff shall include a
27 capital crimes litigation division which shall provide trial
28 attorneys and support to State's Attorneys in the
29 investigation and trial of capital cases. At least 2 of the
30 staff attorneys shall be skilled in the direct and cross
31 examination of forensic and scientific witnesses and in the
32 use of scientific evidence.
SB574 Engrossed -17- SRS91S0019PWch
1 (b) The Director and all Office Attorneys must be
2 licensed to practice law in the State of Illinois. Staff
3 Attorneys and Deputy Directors hired by the Director, with
4 the concurrence of the board, shall devote full time to their
5 duties and may not engage in the private practice of law,
6 except as provided in Section 7.02.
7 (c) The Director and such other employees as may be
8 hired hereunder shall not be subject to the provisions of the
9 Illinois Personnel Code.
10 (Source: P.A. 84-1062.)
11 (725 ILCS 210/7.05) (from Ch. 14, par. 207.05)
12 Sec. 7.05. The Director shall submit an annual budget
13 for the approval of the board. The budget request shall
14 include a request for funding, through the Capital Litigation
15 Trust Fund, to provide State's Attorneys' offices in counties
16 having a population of 1,000,000 or more with annual grants
17 to be used by the county State's Attorney exclusively for the
18 investigation, trial, and post-conviction review of capital
19 cases.
20 (Source: P.A. 84-1062.)
21 (725 ILCS 210/7.06) (from Ch. 14, par. 207.06)
22 Sec. 7.06. The Director may hire no more than 6
23 investigators to provide investigative services in the trial
24 of capital cases, and in post-conviction proceedings in
25 capital cases, and no more than 12 investigators to provide
26 investigative services in non-capital criminal cases and tax
27 objection cases for staff counsel and county state's
28 attorneys. Investigators may be authorized by the board to
29 carry tear gas gun projectors or bombs, pistols, revolvers,
30 stun guns, tasers or other firearms.
31 Subject to the qualifications set forth below,
32 investigators shall be peace officers and shall have all the
SB574 Engrossed -18- SRS91S0019PWch
1 powers possessed by policemen in cities and by sheriffs;
2 provided, that investigators shall exercise such powers
3 anywhere in the State only after contact and in cooperation
4 with the appropriate local law enforcement agencies.
5 No investigator shall have peace officer status or
6 exercise police powers unless he or she successfully
7 completes the basic police training course mandated and
8 approved by the Illinois Law Enforcement Training Standards
9 Board or such board waives the training requirement by reason
10 of the investigator's prior law enforcement experience or
11 training or both.
12 The board shall not waive the training requirement unless
13 the investigator has had a minimum of 5 years experience as a
14 sworn officer of a local, state or federal law enforcement
15 agency, 2 of which shall have been in an investigatory
16 capacity.
17 (Source: P.A. 87-677; 88-586, eff. 8-12-94.)
18 (725 ILCS 210/7.07 new)
19 Sec. 7.07. The Director shall create a databank for, and
20 provide State's Attorneys and law enforcement agencies with,
21 investigative and trial access to expert witnesses and
22 scientific testing in capital cases, including witnesses in
23 rebuttal to mitigation witnesses, sign language and foreign
24 language interpreters, and attorneys skilled in the direct
25 and cross examination of expert witnesses and in the use of
26 scientific evidence testimony.
27 Section 999. Effective date. This Act takes effect June
28 1, 1999.
[ Top ]