Public Act 093-1011
 		





SB2536 Enrolled
LRB093 18059 RLC 43746 b






    AN ACT concerning the exercise of police powers by State 
employees. 

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


 
    Section  5. The State Appellate Defender Act is amended by 
changing
Section 10 as follows:


 
    (725 ILCS 105/10)  (from Ch. 38, par. 208-10)

    Sec. 10. Powers and duties of State Appellate Defender.


    (a) The State Appellate Defender shall represent indigent 
persons on
appeal in criminal and delinquent minor proceedings, 
when appointed to do so by
a court under a Supreme Court Rule 
or law of this State.


    (b) The State Appellate Defender shall submit a budget for 
the
approval of the State Appellate Defender Commission.


    (c) The State Appellate Defender may:


        (1) maintain a panel of private attorneys available to 
    serve as
counsel on a case basis;


        (2) establish programs, alone or in conjunction with 
    law schools,
for the purpose of utilizing volunteer law 
    students as legal assistants;


        (3) cooperate and consult with state agencies, 
    professional
associations, and other groups concerning the 
    causes of criminal
conduct, the rehabilitation and 
    correction of persons charged with and
convicted of crime, 
    the administration of criminal justice, and, in
counties of 
    less than 1,000,000 population, study, design, develop and

    implement model systems for the delivery of trial level 
    defender
services, and make an annual report to the General 
    Assembly;


        (4) hire investigators to provide investigative 
    services to appointed
counsel and county
public defenders;


        (5) in cases in which a death sentence is an authorized 
    disposition,
provide trial counsel with the assistance of 
    expert witnesses, investigators,
and mitigation 
    specialists from funds appropriated to the State Appellate

    Defender specifically for that
purpose by the General 
    Assembly.  The Office of State Appellate Defender shall
not 
    be appointed to serve as trial counsel in capital cases.


    Investigators employed by the Death Penalty Trial 
Assistance and Capital
Litigation Division of the State 
Appellate Defender shall be authorized to
inquire
through the 
Illinois State Police or local law enforcement with the Law

Enforcement
Agencies Data System (LEADS) under Section 
2605-375 of the Civil Administrative
Code of Illinois to 
ascertain whether their potential witnesses have a criminal

background, including: (i) warrants; (ii) arrests; (iii) 
convictions; and (iv)
officer
safety information. This 
authorization applies only to information held on the
State

level and shall be used only to protect the personal safety of 
the
investigators. Any
information that is obtained through 
this inquiry may not be disclosed by the
investigators.


    (d) For each State fiscal year, the
State Appellate 
Defender shall appear before the General Assembly and request

appropriations to be made from the Capital Litigation Trust 
Fund to the State
Treasurer for the purpose of providing 
defense assistance in capital cases
outside of Cook County.  The 
State Appellate Defender may appear before the
General Assembly 
at other times during the State's fiscal year to request

supplemental appropriations from the Trust Fund to the State 
Treasurer.


    (e) The requirement for reporting to the General Assembly 
shall be
satisfied
by filing copies of the report with the 
Speaker, the Minority Leader and
the Clerk of the House of 
Representatives and the President, the Minority
Leader and the 
Secretary of the Senate and the Legislative Research
Unit, as 
required by Section 3.1 of the General Assembly Organization

Act and filing such additional copies with the State Government 
Report
Distribution Center for
the General Assembly as is 
required under paragraph (t) of Section 7 of the
State Library 
Act.


(Source: P.A. 91-589, eff. 1-1-00.)