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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1039
Introduced 2/6/2009, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
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Amends the Capital Crimes Litigation Act. Makes a technical change in a
Section concerning the appointment of trial counsel in death penalty cases.
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A BILL FOR
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SB1039 |
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LRB096 07103 RLC 17189 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Capital Crimes Litigation Act is amended by |
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| changing Section 5 as follows:
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| (725 ILCS 124/5)
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| Sec. 5. Appointment of trial counsel in death penalty |
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| cases. If an
indigent defendant
is charged with an offense for |
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| which a sentence of death is authorized, and
and the
State's
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| Attorney has not, at or before arraignment, filed
a certificate |
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| indicating he or she will not seek the
death penalty or
stated |
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| on the record in open court that the death penalty will not be |
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| sought,
the trial court
shall immediately appoint the Public |
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| Defender, or such other qualified attorney
or
attorneys as the |
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| Illinois Supreme Court shall by rule provide, to represent the
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| defendant as trial counsel.
If the Public Defender is |
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| appointed, he or she shall immediately assign such
attorney or
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| attorneys who are public defenders to represent the defendant. |
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| The counsel
shall meet the
qualifications
as the Supreme Court |
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| shall by rule provide. At the request of court appointed |
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| counsel in a case in which the death penalty is sought, |
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| attorneys employed by the State Appellate Defender may enter an |
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| appearance for the limited purpose of assisting counsel |