093_SB0550

 
                                     LRB093 04088 RLC 04128 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
 5    by changing Section 5 as follows:

 6        (725 ILCS 124/5)
 7        (Section scheduled to be repealed on July 1, 2004)
 8        Sec.  5.   Appointment  of trial counsel in death penalty
 9    cases. If an indigent defendant is charged  with  an  offense
10    for  which a sentence of death is authorized, and the State's
11    Attorney  has  not,  at  or  before  arraignment,   filed   a
12    certificate  indicating  he  or  she  will not seek the death
13    penalty or stated on the record in open court that the  death
14    penalty will not be sought, the trial court shall immediately
15    appoint the Public Defender, or such other qualified attorney
16    or  attorneys  as  the  Illinois  Supreme Court shall by rule
17    provide, to represent the defendant as trial counsel. If  the
18    Public  Defender  is  appointed,  he or she shall immediately
19    assign an such attorney or attorneys who are public defenders
20    to represent the  defendant.   The  counsel  shall  meet  the
21    qualifications as the Supreme Court shall by rule provide.
22    (Source: P.A. 91-589, eff. 1-1-00.)