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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Appellate Defender Act is amended by | ||||||
5 | changing Sections 9.1 and 10 as follows:
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6 | (725 ILCS 105/9.1) (from Ch. 38, par. 208-9.1)
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7 | Sec. 9.1. Individuals Two individuals may share one | ||||||
8 | attorney or staff position.
For purposes of this Section, | ||||||
9 | "shared position" means a position in which
2 individuals share | ||||||
10 | the salary and employee benefits. For purposes of seniority,
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11 | each individual shall receive credit at a rate equal to the | ||||||
12 | percentage of
time employed in a shared position. Attorneys | ||||||
13 | sharing a position may not
engage in the private practice of | ||||||
14 | law.
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15 | (Source: P.A. 83-771.)
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16 | (725 ILCS 105/10) (from Ch. 38, par. 208-10)
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17 | Sec. 10. Powers and duties of State Appellate Defender.
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18 | (a) The State Appellate Defender shall represent indigent | ||||||
19 | persons on
appeal in criminal and delinquent minor proceedings, | ||||||
20 | when appointed to do so by
a court under a Supreme Court Rule | ||||||
21 | or law of this State.
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22 | (b) The State Appellate Defender shall submit a budget for |
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1 | the
approval of the State Appellate Defender Commission.
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2 | (c) The State Appellate Defender may:
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3 | (1) maintain a panel of private attorneys available to | ||||||
4 | serve as
counsel on a case basis;
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5 | (2) establish programs, alone or in conjunction with | ||||||
6 | law schools,
for the purpose of utilizing volunteer law | ||||||
7 | students as legal assistants;
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8 | (3) cooperate and consult with state agencies, | ||||||
9 | professional
associations, and other groups concerning the | ||||||
10 | causes of criminal
conduct, the rehabilitation and | ||||||
11 | correction of persons charged with and
convicted of crime, | ||||||
12 | the administration of criminal justice, and, in
counties of | ||||||
13 | less than 1,000,000 population, study, design, develop and
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14 | implement model systems for the delivery of trial level | ||||||
15 | defender
services, and make an annual report to the General | ||||||
16 | Assembly;
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17 | (4) hire investigators to provide investigative | ||||||
18 | services to appointed counsel and county
public defenders;
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19 | (5) in cases in which a death sentence is an authorized | ||||||
20 | disposition,
provide trial counsel with legal assistance | ||||||
21 | advice and the assistance of expert witnesses, | ||||||
22 | investigators,
and mitigation specialists from funds | ||||||
23 | appropriated to the State Appellate
Defender specifically | ||||||
24 | for that
purpose by the General Assembly. The Office of | ||||||
25 | State Appellate Defender shall
not be appointed to serve as | ||||||
26 | trial counsel in capital cases;
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1 | (6) develop a Juvenile Defender Resource Center to:
(i) | ||||||
2 | study, design, develop, and implement model systems for the | ||||||
3 | delivery of trial level defender services for juveniles in | ||||||
4 | the justice system; (ii) in cases in which a sentence of | ||||||
5 | incarceration or an adult sentence, or both, is an | ||||||
6 | authorized disposition, provide trial counsel with legal | ||||||
7 | advice and the assistance of expert witnesses and | ||||||
8 | investigators from funds appropriated to the Office of the | ||||||
9 | State Appellate Defender by the General Assembly | ||||||
10 | specifically for that purpose; (iii) develop and provide | ||||||
11 | training to public defenders on juvenile justice issues, | ||||||
12 | utilizing resources including the State and local bar | ||||||
13 | associations, the Illinois Public Defender Association, | ||||||
14 | law schools, the Midwest Juvenile Defender Center, and pro | ||||||
15 | bono efforts by law firms; and
(iv) make an annual report | ||||||
16 | to the General Assembly.
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17 | Investigators employed by the Capital Trial Assistance | ||||||
18 | Unit Death Penalty Trial Assistance and Capital Post Conviction | ||||||
19 | Unit Capital
Litigation Division of the State Appellate | ||||||
20 | Defender shall be authorized to
inquire
through the Illinois | ||||||
21 | State Police or local law enforcement with the Law
Enforcement
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22 | Agencies Data System (LEADS) under Section 2605-375 of the | ||||||
23 | Civil Administrative
Code of Illinois to ascertain whether | ||||||
24 | their potential witnesses have a criminal
background, | ||||||
25 | including: (i) warrants; (ii) arrests; (iii) convictions; and | ||||||
26 | (iv)
officer
safety information. This authorization applies |
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1 | only to information held on the
State
level and shall be used | ||||||
2 | only to protect the personal safety of the
investigators. Any
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3 | information that is obtained through this inquiry may not be | ||||||
4 | disclosed by the
investigators.
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5 | (d) For each State fiscal year, the State Appellate | ||||||
6 | Defender shall request a direct appropriation from the Capital | ||||||
7 | Litigation Trust Fund for expenses incurred by the State | ||||||
8 | Appellate Defender in providing assistance to trial attorneys | ||||||
9 | under item (c)(5) of this Section and for expenses incurred by | ||||||
10 | the State Appellate Defender in representing petitioners in | ||||||
11 | capital cases in post-conviction proceedings under Article 122 | ||||||
12 | of the Code of Criminal Procedure of 1963 and in relation to | ||||||
13 | petitions filed under Section 2-1401 of the Code of Civil | ||||||
14 | Procedure in relation to capital cases and for the | ||||||
15 | representation of those petitioners by attorneys approved by or | ||||||
16 | contracted with the State Appellate Defender and an | ||||||
17 | appropriation to the State Treasurer for payments from the | ||||||
18 | Trust Fund for the defense of cases in counties other than Cook | ||||||
19 | County
State Appellate Defender shall appear before the General | ||||||
20 | Assembly and request
appropriations to be made from the Capital | ||||||
21 | Litigation Trust Fund to the State
Treasurer for the purpose of | ||||||
22 | providing defense assistance in capital cases
outside of Cook | ||||||
23 | County and for expenses incurred by the State Appellate | ||||||
24 | Defender in representing petitioners in capital cases in | ||||||
25 | post-conviction proceedings under Article 122 of the Code of | ||||||
26 | Criminal Procedure of 1963 and in relation to petitions filed |
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1 | under Section 2-1401 of the Code of Civil Procedure in relation | ||||||
2 | to capital cases and for the representation of those | ||||||
3 | petitioners by attorneys approved by or contracted with the | ||||||
4 | State Appellate Defender . The State Appellate Defender may | ||||||
5 | appear before the
General Assembly at other times during the | ||||||
6 | State's fiscal year to request
supplemental appropriations | ||||||
7 | from the Trust Fund to the State Treasurer.
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8 | (e) The requirement for reporting to the General Assembly | ||||||
9 | shall be
satisfied
by filing copies of the report with the | ||||||
10 | Speaker, the Minority Leader and
the Clerk of the House of | ||||||
11 | Representatives and the President, the Minority
Leader and the | ||||||
12 | Secretary of the Senate and the Legislative Research
Unit, as | ||||||
13 | required by Section 3.1 of the General Assembly Organization
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14 | Act and filing such additional copies with the State Government | ||||||
15 | Report
Distribution Center for
the General Assembly as is | ||||||
16 | required under paragraph (t) of Section 7 of the
State Library | ||||||
17 | Act.
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18 | (Source: P.A. 94-340, eff. 1-1-06; 95-376, eff. 1-1-08.)
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
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