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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 1. Short title. This Act may be cited as the | |||||||||||||||||||||||||||||||||
5 | Capital Crimes Litigation Act of 2023. | |||||||||||||||||||||||||||||||||
6 | Section 5. Appointment of trial counsel in capital cases. | |||||||||||||||||||||||||||||||||
7 | If an indigent defendant is charged with an offense that is a | |||||||||||||||||||||||||||||||||
8 | capital offense, and the State's Attorney has not, at or | |||||||||||||||||||||||||||||||||
9 | before arraignment, filed a certificate indicating he or she | |||||||||||||||||||||||||||||||||
10 | will not seek the penalty for a capital offense or stated on | |||||||||||||||||||||||||||||||||
11 | the record in open court that the penalty for a capital offense | |||||||||||||||||||||||||||||||||
12 | will not be sought, the trial court shall immediately appoint | |||||||||||||||||||||||||||||||||
13 | the Public Defender, or any other qualified attorney or | |||||||||||||||||||||||||||||||||
14 | attorneys as the Illinois Supreme Court shall by rule provide, | |||||||||||||||||||||||||||||||||
15 | to represent the defendant as trial counsel. If the Public | |||||||||||||||||||||||||||||||||
16 | Defender is appointed, he or she shall immediately assign the | |||||||||||||||||||||||||||||||||
17 | attorney or attorneys who are public defenders to represent | |||||||||||||||||||||||||||||||||
18 | the defendant. The counsel shall meet the qualifications as | |||||||||||||||||||||||||||||||||
19 | the Supreme Court shall by rule provide. At the request of | |||||||||||||||||||||||||||||||||
20 | court appointed counsel in a capital case, attorneys employed | |||||||||||||||||||||||||||||||||
21 | by the State Appellate Defender may enter an appearance for | |||||||||||||||||||||||||||||||||
22 | the limited purpose of assisting counsel appointed under this | |||||||||||||||||||||||||||||||||
23 | Section.
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1 | Section 10. Court appointed trial counsel; compensation | ||||||
2 | and expenses. | ||||||
3 | (a) This Section applies only to compensation and expenses | ||||||
4 | of trial counsel appointed by the court as set forth in Section | ||||||
5 | 5, other than public defenders, for the period after | ||||||
6 | arraignment and so long as the State's Attorney has not, at any | ||||||
7 | time, filed a certificate indicating he or she will not seek | ||||||
8 | the penalty for a capital offense or stated on the record in | ||||||
9 | open court that the penalty for a capital offense will not be | ||||||
10 | sought. | ||||||
11 | (a-5) Litigation budget. | ||||||
12 | (1) In a case in which the State has filed a
statement | ||||||
13 | of intent to seek the penalty for a capital offense, the | ||||||
14 | court shall require appointed counsel, including those | ||||||
15 | appointed in Cook County, after counsel has had adequate | ||||||
16 | time to review the case and prior to engaging trial | ||||||
17 | assistance, to submit a proposed estimated litigation | ||||||
18 | budget for court approval, that will be subject to | ||||||
19 | modification in light of facts and developments that | ||||||
20 | emerge as the case proceeds. Case budgets should be | ||||||
21 | submitted ex parte and filed and maintained under seal in | ||||||
22 | order to protect the defendant's right to effective | ||||||
23 | assistance of counsel, right not to incriminate him or | ||||||
24 | herself and all applicable privileges. Case budgets shall | ||||||
25 | be reviewed and approved by the judge assigned to try the |
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1 | case. As provided under subsection (c) of this Section, | ||||||
2 | petitions for compensation shall be reviewed by both the | ||||||
3 | trial judge and the presiding judge or the presiding | ||||||
4 | judge's designee.
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5 | (2) The litigation budget shall serve purposes
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6 | comparable to those of private retainer agreements by | ||||||
7 | confirming both the court's and the attorney's | ||||||
8 | expectations regarding fees and expenses. Consideration | ||||||
9 | should be given to employing an ex parte pretrial | ||||||
10 | conference in order to facilitate reaching agreement on a | ||||||
11 | litigation budget at the earliest opportunity. | ||||||
12 | (3) The budget shall be incorporated into a sealed
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13 | initial pretrial order that reflects the understandings of | ||||||
14 | the court and counsel regarding all matters affecting | ||||||
15 | counsel compensation and reimbursement and payments for | ||||||
16 | investigative, expert and other services, including but | ||||||
17 | not limited to the following matters: | ||||||
18 | (A) the hourly rate at which counsel will be
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19 | compensated; | ||||||
20 | (B) the hourly rate at which private
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21 | investigators, other than investigators employed by | ||||||
22 | the Office of the State Appellate Defender, will be | ||||||
23 | compensated; and | ||||||
24 | (C) the best preliminary estimate that can be
made | ||||||
25 | of the cost of all services, including, but not | ||||||
26 | limited to, counsel, expert, and investigative |
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1 | services, that are likely to be needed through the | ||||||
2 | guilt and penalty phases of the trial. The court shall | ||||||
3 | have discretion to require that budgets be prepared | ||||||
4 | for shorter intervals of time. | ||||||
5 | (4) Appointed counsel may obtain, subject to later
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6 | review, investigative, expert or other services without | ||||||
7 | prior authorization if necessary for an adequate defense. | ||||||
8 | If the services are obtained, the presiding judge or the | ||||||
9 | presiding judge's designee shall consider in an ex parte | ||||||
10 | proceeding that timely procurement of necessary services | ||||||
11 | could not await prior authorization. If an ex parte | ||||||
12 | hearing is requested by defense counsel or deemed | ||||||
13 | necessary by the trial judge prior to modifying a budget, | ||||||
14 | the ex parte hearing shall be before the presiding judge | ||||||
15 | or the presiding judge's designee. The judge may then | ||||||
16 | authorize the services nunc pro tunc. If the presiding | ||||||
17 | judge or the presiding judge's designee finds that the | ||||||
18 | services were not reasonable, payment may be denied. | ||||||
19 | (5) An approved budget shall guide counsel's use of
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20 | time and resources by indicating the services for which | ||||||
21 | compensation is authorized. The case budget shall be | ||||||
22 | re-evaluated when justified by changed or unexpected | ||||||
23 | circumstances and shall be modified by the court when | ||||||
24 | reasonable and necessary for an adequate defense. If an ex | ||||||
25 | parte hearing is requested by defense counsel or deemed | ||||||
26 | necessary by the trial judge prior to modifying a budget, |
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1 | the ex parte hearing shall be before the presiding judge | ||||||
2 | or the presiding judge's designee. | ||||||
3 | (b) Appointed trial counsel shall be compensated upon | ||||||
4 | presentment and certification by the circuit court of a claim | ||||||
5 | for services detailing the date, activity, and time duration | ||||||
6 | for which compensation is sought. Compensation for appointed | ||||||
7 | trial counsel may be paid at a reasonable rate not to exceed | ||||||
8 | $125 per hour. The court shall not authorize payment of bills | ||||||
9 | that are not properly itemized. A request for payment shall be | ||||||
10 | presented under seal and reviewed ex parte with a court | ||||||
11 | reporter present.
Every January 20, the statutory rate | ||||||
12 | prescribed in this subsection shall be automatically increased | ||||||
13 | or decreased, as applicable, by a percentage equal to the | ||||||
14 | percentage change in the consumer price index-u during the | ||||||
15 | preceding 12-month calendar year. "Consumer price index-u" | ||||||
16 | means the index published by the Bureau of Labor Statistics of | ||||||
17 | the United States Department of Labor that measures the | ||||||
18 | average change in prices of goods and services purchased by | ||||||
19 | all urban consumers, United States city average, all items, | ||||||
20 | 1982-84=100. The new rate resulting from each annual | ||||||
21 | adjustment shall be determined by the State Treasurer and made | ||||||
22 | available to the chief judge of each judicial circuit. | ||||||
23 | (c) Appointed trial counsel may also petition the court | ||||||
24 | for certification of expenses for reasonable and necessary | ||||||
25 | capital litigation expenses including, but not limited to, | ||||||
26 | investigatory and other assistance, expert, forensic, and |
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1 | other witnesses, and mitigation specialists. Each provider of | ||||||
2 | proposed services must specify the best preliminary estimate | ||||||
3 | that can be made in light of information received in the case | ||||||
4 | at that point, and the provider must sign this estimate under | ||||||
5 | the provisions of Section 1-109 of the Code of Civil | ||||||
6 | Procedure. A provider of proposed services must also specify | ||||||
7 | (1) his or her hourly rate; (2) the hourly rate of anyone else | ||||||
8 | in his or her employ for whom reimbursement is sought; and (3) | ||||||
9 | the hourly rate of any person or entity that may be | ||||||
10 | subcontracted to perform these services. Counsel may not | ||||||
11 | petition for certification of expenses that may have been | ||||||
12 | provided or compensated by the State Appellate Defender under | ||||||
13 | item (c)(5.1) of Section 10 of the State Appellate Defender | ||||||
14 | Act. The petitions shall be filed under seal and considered ex | ||||||
15 | parte but with a court reporter present for all ex parte | ||||||
16 | conferences. If the requests are submitted after services have | ||||||
17 | been rendered, the requests shall be supported by an invoice | ||||||
18 | describing the services rendered, the dates the services were | ||||||
19 | performed and the amount of time spent. These petitions shall | ||||||
20 | be reviewed by both the trial judge and the presiding judge of | ||||||
21 | the circuit court or the presiding judge's designee. The | ||||||
22 | petitions and orders shall be kept under seal and shall be | ||||||
23 | exempt from Freedom of Information requests until the | ||||||
24 | conclusion of the trial, even if the prosecution chooses not | ||||||
25 | to pursue the penalty for a capital offense prior to trial or | ||||||
26 | sentencing. If an ex parte hearing is requested by defense |
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1 | counsel or deemed necessary by the trial judge, the hearing | ||||||
2 | shall be before the presiding judge or the presiding judge's | ||||||
3 | designee. | ||||||
4 | (d) Appointed trial counsel shall petition the court for | ||||||
5 | certification of compensation and expenses under this Section | ||||||
6 | periodically during the course of counsel's representation. | ||||||
7 | The petitions shall be supported by itemized bills showing the | ||||||
8 | date, the amount of time spent, the work done and the total | ||||||
9 | being charged for each entry. The court shall not authorize | ||||||
10 | payment of bills that are not properly itemized. The court | ||||||
11 | must certify reasonable and necessary expenses of the | ||||||
12 | petitioner for travel and per diem (lodging, meals, and | ||||||
13 | incidental expenses). These expenses must be paid at the rate | ||||||
14 | as promulgated by the United States General Services | ||||||
15 | Administration for these expenses for the date and location in | ||||||
16 | which they were incurred, unless extraordinary reasons are | ||||||
17 | shown for the difference. The petitions shall be filed under | ||||||
18 | seal and considered ex parte but with a court reporter present | ||||||
19 | for all ex parte conferences. The petitions shall be reviewed | ||||||
20 | by both the trial judge and the presiding judge of the circuit | ||||||
21 | court or the presiding judge's designee. If an ex parte | ||||||
22 | hearing is requested by defense counsel or deemed necessary by | ||||||
23 | the trial judge, the ex parte hearing shall be before the | ||||||
24 | presiding judge or the presiding judge's designee. If the | ||||||
25 | court determines that the compensation and expenses should be | ||||||
26 | paid from the Capital Litigation Trust Fund, the court shall |
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1 | certify, on a form created by the State Treasurer, that all or | ||||||
2 | a designated portion of the amount requested is reasonable, | ||||||
3 | necessary, and appropriate for payment from the Trust Fund. | ||||||
4 | The form must also be signed by lead trial counsel under the | ||||||
5 | provisions of Section 1-109 of the Code of Civil Procedure | ||||||
6 | verifying that the amount requested is reasonable, necessary, | ||||||
7 | and appropriate. Bills submitted for payment by any individual | ||||||
8 | or entity seeking payment from the Capital Litigation Trust | ||||||
9 | Fund must also be accompanied by a form created by the State | ||||||
10 | Treasurer and signed by the individual or responsible agent of | ||||||
11 | the entity under the provisions of Section 1-109 of the Code of | ||||||
12 | Civil Procedure that the amount requested is accurate and | ||||||
13 | truthful and reflects time spent or expenses incurred. | ||||||
14 | Certification of compensation and expenses by a court in any | ||||||
15 | county other than Cook County shall be delivered by the court | ||||||
16 | to the State Treasurer and must be paid by the State Treasurer | ||||||
17 | directly from the Capital Litigation Trust Fund if there is | ||||||
18 | sufficient money in the Trust Fund to pay the compensation and | ||||||
19 | expenses. If the State Treasurer finds within 14 days of his or | ||||||
20 | her receipt of a certification that the compensation and | ||||||
21 | expenses to be paid are unreasonable, unnecessary, or | ||||||
22 | inappropriate, he or she may return the certification to the | ||||||
23 | court setting forth in detail the objection or objections with | ||||||
24 | a request for the court to review the objection or objections | ||||||
25 | before resubmitting the certification. The State Treasurer | ||||||
26 | must send the claimant a copy of the objection or objections. |
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1 | The State Treasurer may only seek a review of a specific | ||||||
2 | objection once. The claimant has 7 days from his or her receipt | ||||||
3 | of the objections to file a response with the court. With or | ||||||
4 | without further hearing, the court must promptly rule on the | ||||||
5 | objections. The petitions and orders shall be kept under seal | ||||||
6 | and shall be exempt from Freedom of Information requests until | ||||||
7 | the conclusion of the trial and appeal of the case, even if the | ||||||
8 | prosecution chooses not to pursue the penalty for a capital | ||||||
9 | offense prior to trial or sentencing. Certification of | ||||||
10 | compensation and expenses by a court in Cook County shall be | ||||||
11 | delivered by the court to the county treasurer and paid by the | ||||||
12 | county treasurer from money granted to the county from the | ||||||
13 | Capital Litigation Trust Fund. | ||||||
14 | Section 15. Capital Litigation Trust Fund.
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15 | (a) The Capital Litigation Trust Fund is created as a | ||||||
16 | special fund in the State Treasury. The Trust Fund shall be | ||||||
17 | administered by the State Treasurer to provide money for the | ||||||
18 | appropriations to be made, grants to be awarded, and | ||||||
19 | compensation and expenses to be paid under this Act. All | ||||||
20 | interest earned from the investment or deposit of money | ||||||
21 | accumulated in the Trust Fund shall, under Section 4.1 of the | ||||||
22 | State Finance Act, be deposited into the Trust Fund. | ||||||
23 | (b) Money deposited into the Trust Fund shall not be | ||||||
24 | considered general revenue of the State of Illinois. | ||||||
25 | (c) Money deposited into the Trust Fund shall be used |
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1 | exclusively for the purposes of providing funding for the | ||||||
2 | prosecution and defense of capital cases and for providing | ||||||
3 | funding for post-conviction proceedings in capital cases under | ||||||
4 | Article 122 of the Code of Criminal Procedure of 1963 and in | ||||||
5 | relation to petitions filed under Section 2-1401 of the Code | ||||||
6 | of Civil Procedure in relation to capital cases as provided in | ||||||
7 | this Act and shall not be appropriated, loaned, or in any | ||||||
8 | manner transferred to the General Revenue Fund of the State of | ||||||
9 | Illinois. | ||||||
10 | (d) Every fiscal year the State Treasurer shall transfer | ||||||
11 | from the General Revenue Fund to the Capital Litigation Trust | ||||||
12 | Fund an amount equal to the full amount of money appropriated | ||||||
13 | by the General Assembly (both by original and supplemental | ||||||
14 | appropriation), less any unexpended balance from the previous | ||||||
15 | fiscal year, from the Capital Litigation Trust Fund for the | ||||||
16 | specific purpose of making funding available for the | ||||||
17 | prosecution and defense of capital cases and for the | ||||||
18 | litigation expenses associated with post-conviction | ||||||
19 | proceedings in capital cases under Article 122 of the Code of | ||||||
20 | Criminal Procedure of 1963 and in relation to petitions filed | ||||||
21 | under Section 2-1401 of the Code of Civil Procedure in | ||||||
22 | relation to capital cases. The Public Defender and State's | ||||||
23 | Attorney in Cook County, the State Appellate Defender, the | ||||||
24 | Office of the State's Attorneys Appellate Prosecutor, and the | ||||||
25 | Attorney General shall make annual requests for appropriations | ||||||
26 | from the Trust Fund. |
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1 | (1) The Public Defender in Cook County shall request
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2 | appropriations to the State Treasurer for expenses | ||||||
3 | incurred by the Public Defender and for funding for | ||||||
4 | private appointed defense counsel in Cook County. | ||||||
5 | (2) The State's Attorney in Cook County shall
request | ||||||
6 | an appropriation to the State Treasurer for expenses | ||||||
7 | incurred by the State's Attorney. | ||||||
8 | (3) The State Appellate Defender shall request a
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9 | direct appropriation from the Trust Fund for expenses | ||||||
10 | incurred by the State Appellate Defender in providing | ||||||
11 | assistance to trial attorneys under item (c)(5.1) of | ||||||
12 | Section 10 of the State Appellate Defender Act and for | ||||||
13 | expenses incurred by the State Appellate Defender in | ||||||
14 | representing petitioners in capital cases in | ||||||
15 | post-conviction proceedings under Article 122 of the Code | ||||||
16 | of Criminal Procedure of 1963 and in relation to petitions | ||||||
17 | filed under Section 2-1401 of the Code of Civil Procedure | ||||||
18 | in relation to capital cases and for the representation of | ||||||
19 | those petitioners by attorneys approved by or contracted | ||||||
20 | with the State Appellate Defender and an appropriation to | ||||||
21 | the State Treasurer for payments from the Trust Fund for | ||||||
22 | the defense of cases in counties other than Cook County. | ||||||
23 | (4) The Office of the State's Attorneys Appellate | ||||||
24 | Prosecutor shall
request a direct appropriation from the | ||||||
25 | Trust Fund to pay expenses incurred by the Office of the | ||||||
26 | State's Attorneys Appellate Prosecutor and an |
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1 | appropriation to the State Treasurer for payments from the | ||||||
2 | Trust Fund for expenses incurred by State's Attorneys in | ||||||
3 | counties other than Cook County. | ||||||
4 | (5) The Attorney General shall request a direct
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5 | appropriation from the Trust Fund to pay expenses incurred | ||||||
6 | by the Attorney General in assisting the State's Attorneys | ||||||
7 | in counties other than Cook County and to pay for expenses | ||||||
8 | incurred by the Attorney General when the Attorney General | ||||||
9 | is ordered by the presiding judge of the Criminal Division | ||||||
10 | of the Circuit Court of Cook County to prosecute or | ||||||
11 | supervise the prosecution of Cook County cases and for | ||||||
12 | expenses incurred by the Attorney General in representing | ||||||
13 | the State in post-conviction proceedings in capital cases | ||||||
14 | under Article 122 of the Code of Criminal Procedure of | ||||||
15 | 1963 and in relation to petitions filed under Section | ||||||
16 | 2-1401 of the Code of Civil Procedure in relation to | ||||||
17 | capital cases.
The Public Defender and State's Attorney in | ||||||
18 | Cook County, the State Appellate Defender, the State's | ||||||
19 | Attorneys Appellate Prosecutor, and the Attorney General | ||||||
20 | may each request supplemental appropriations from the | ||||||
21 | Trust Fund during the fiscal year. | ||||||
22 | (e) Money in the Trust Fund shall be expended only as | ||||||
23 | follows: | ||||||
24 | (1) To pay the State Treasurer's costs to administer
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25 | the Trust Fund. The amount for this purpose may not exceed | ||||||
26 | 5% in any one fiscal year of the amount otherwise |
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1 | appropriated from the Trust Fund in the same fiscal year.
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2 | (2) To pay the capital litigation expenses of trial
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3 | defense and post-conviction proceedings in capital cases | ||||||
4 | under Article 122 of the Code of Criminal Procedure of | ||||||
5 | 1963 and in relation to petitions filed under Section | ||||||
6 | 2-1401 of the Code of Civil Procedure in relation to | ||||||
7 | capital cases including, but not limited to, DNA testing, | ||||||
8 | including DNA testing under Section 116-3 of the Code of | ||||||
9 | Criminal Procedure of 1963, analysis, and expert | ||||||
10 | testimony, investigatory and other assistance, expert, | ||||||
11 | forensic, and other witnesses, and mitigation specialists, | ||||||
12 | and grants and aid provided to public defenders, appellate | ||||||
13 | defenders, and any attorney approved by or contracted with | ||||||
14 | the State Appellate Defender representing petitioners in | ||||||
15 | post-conviction proceedings in capital cases under Article | ||||||
16 | 122 of the Code of Criminal Procedure of 1963 and in | ||||||
17 | relation to petitions filed under Section 2-1401 of the | ||||||
18 | Code of Civil Procedure in relation to capital cases or | ||||||
19 | assistance to attorneys who have been appointed by the | ||||||
20 | court to represent defendants who are charged with capital | ||||||
21 | crimes. Reasonable and necessary capital litigation | ||||||
22 | expenses include travel and per diem (lodging, meals, and | ||||||
23 | incidental expenses). | ||||||
24 | (3) To pay the compensation of trial attorneys,
other | ||||||
25 | than public defenders or appellate defenders, who have | ||||||
26 | been appointed by the court to represent defendants who |
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1 | are charged with capital crimes or attorneys approved by | ||||||
2 | or contracted with the State Appellate Defender to | ||||||
3 | represent petitioners in post-conviction proceedings in | ||||||
4 | capital cases under Article 122 of the Code of Criminal | ||||||
5 | Procedure of 1963 and in relation to petitions filed under | ||||||
6 | Section 2-1401 of the Code of Civil Procedure in relation | ||||||
7 | to capital cases. | ||||||
8 | (4) To provide State's Attorneys with funding for
| ||||||
9 | capital litigation expenses and for expenses of | ||||||
10 | representing the State in post-conviction proceedings in | ||||||
11 | capital cases under Article 122 of the Code of Criminal | ||||||
12 | Procedure of 1963 and in relation to petitions filed under | ||||||
13 | Section 2-1401 of the Code of Civil Procedure in relation | ||||||
14 | to capital cases including, but not limited to, | ||||||
15 | investigatory and other assistance and expert, forensic, | ||||||
16 | and other witnesses necessary to prosecute capital cases. | ||||||
17 | State's Attorneys in any county other than Cook County | ||||||
18 | seeking funding for capital litigation expenses and for | ||||||
19 | expenses of representing the State in post-conviction | ||||||
20 | proceedings in capital cases under Article 122 of the Code | ||||||
21 | of Criminal Procedure of 1963 and in relation to petitions | ||||||
22 | filed under Section 2-1401 of the Code of Civil Procedure | ||||||
23 | in relation to capital cases including, but not limited | ||||||
24 | to, investigatory and other assistance and expert, | ||||||
25 | forensic, or other witnesses under this Section may | ||||||
26 | request that the Office of the State's Attorneys Appellate |
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1 | Prosecutor or the Attorney General, as the case may be, | ||||||
2 | certify the expenses as reasonable, necessary, and | ||||||
3 | appropriate for payment from the Trust Fund, on a form | ||||||
4 | created by the State Treasurer. Upon certification of the | ||||||
5 | expenses and delivery of the certification to the State | ||||||
6 | Treasurer, the Treasurer shall pay the expenses directly | ||||||
7 | from the Capital Litigation Trust Fund if there is | ||||||
8 | sufficient money in the Trust Fund to pay the expenses. | ||||||
9 | (5) To provide financial support through the
Attorney | ||||||
10 | General under the Attorney General Act for the several | ||||||
11 | county State's Attorneys outside of Cook County, but shall | ||||||
12 | not be used to increase personnel for the Attorney | ||||||
13 | General's Office, except when the Attorney General is | ||||||
14 | ordered by the presiding judge of the Criminal Division of | ||||||
15 | the Circuit Court of Cook County to prosecute or supervise | ||||||
16 | the prosecution of Cook County cases. | ||||||
17 | (6) To provide financial support through the State's
| ||||||
18 | Attorneys Appellate Prosecutor under the State's Attorneys | ||||||
19 | Appellate Prosecutor's Act for the several county State's | ||||||
20 | Attorneys outside of Cook County, but shall not be used to | ||||||
21 | increase personnel for the Office of the State's Attorneys | ||||||
22 | Appellate Prosecutor. | ||||||
23 | (7) To provide financial support to the State
| ||||||
24 | Appellate Defender under the State Appellate Defender Act.
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25 | Money expended from the Trust Fund shall be in addition to | ||||||
26 | county funding for Public Defenders and State's Attorneys, |
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1 | and shall not be used to supplant or reduce ordinary and | ||||||
2 | customary county funding. | ||||||
3 | (f) Money in the Trust Fund shall be appropriated to the | ||||||
4 | State Appellate Defender, the Office of the State's Attorneys | ||||||
5 | Appellate Prosecutor, the Attorney General, and the State | ||||||
6 | Treasurer. The State Appellate Defender shall receive an | ||||||
7 | appropriation from the Trust Fund to enable it to provide | ||||||
8 | assistance to appointed defense counsel and attorneys approved | ||||||
9 | by or contracted with the State Appellate Defender to | ||||||
10 | represent petitioners in post-conviction proceedings in | ||||||
11 | capital cases under Article 122 of the Code of Criminal | ||||||
12 | Procedure of 1963 and in relation to petitions filed under | ||||||
13 | Section 2-1401 of the Code of Civil Procedure in relation to | ||||||
14 | capital cases throughout the State and to Public Defenders in | ||||||
15 | counties other than Cook. The Office of the State's Attorneys | ||||||
16 | Appellate Prosecutor and the Attorney General shall receive | ||||||
17 | appropriations from the Trust Fund to enable them to provide | ||||||
18 | assistance to State's Attorneys in counties other than Cook | ||||||
19 | County and when the Attorney General is ordered by the | ||||||
20 | presiding judge of the Criminal Division of the Circuit Court | ||||||
21 | of Cook County to prosecute or supervise the prosecution of | ||||||
22 | Cook County cases. Money shall be appropriated to the State | ||||||
23 | Treasurer to enable the Treasurer (i) to make grants to Cook | ||||||
24 | County, (ii) to pay the expenses of Public Defenders, the | ||||||
25 | State Appellate Defender, the Attorney General, the Office of | ||||||
26 | the State's Attorneys Appellate Prosecutor, and State's |
| |||||||
| |||||||
1 | Attorneys in counties other than Cook County, (iii) to pay the | ||||||
2 | expenses and compensation of appointed defense counsel and | ||||||
3 | attorneys approved by or contracted with the State Appellate | ||||||
4 | Defender to represent petitioners in post-conviction | ||||||
5 | proceedings in capital cases under Article 122 of the Code of | ||||||
6 | Criminal Procedure of 1963 and in relation to petitions filed | ||||||
7 | under Section 2-1401 of the Code of Civil Procedure in | ||||||
8 | relation to capital cases in counties other than Cook County, | ||||||
9 | and (iv) to pay the costs of administering the Trust Fund. All | ||||||
10 | expenditures and grants made from the Trust Fund shall be | ||||||
11 | subject to audit by the Auditor General. | ||||||
12 | (g) For Cook County, grants from the Trust Fund shall be | ||||||
13 | made and administered as follows: | ||||||
14 | (1) For each State fiscal year, the State's Attorney
| ||||||
15 | and Public Defender must each make a separate application | ||||||
16 | to the State Treasurer for capital litigation grants. | ||||||
17 | (2) The State Treasurer shall establish rules and
| ||||||
18 | procedures for grant applications. The rules shall require | ||||||
19 | the Cook County Treasurer as the grant recipient to report | ||||||
20 | on a periodic basis to the State Treasurer how much of the | ||||||
21 | grant has been expended, how much of the grant is | ||||||
22 | remaining, and the purposes for which the grant has been | ||||||
23 | used. The rules may also require the Cook County Treasurer | ||||||
24 | to certify on a periodic basis that expenditures of the | ||||||
25 | funds have been made for expenses that are reasonable, | ||||||
26 | necessary, and appropriate for payment from the Trust |
| |||||||
| |||||||
1 | Fund. | ||||||
2 | (3) The State Treasurer shall make the grants to the
| ||||||
3 | Cook County Treasurer as soon as possible after the | ||||||
4 | beginning of the State fiscal year. | ||||||
5 | (4) The State's Attorney or Public Defender may
apply | ||||||
6 | for supplemental grants during the fiscal year. | ||||||
7 | (5) Grant money shall be paid to the Cook County
| ||||||
8 | Treasurer in block grants and held in separate accounts | ||||||
9 | for the State's Attorney, the Public Defender, and court | ||||||
10 | appointed defense counsel other than the Cook County | ||||||
11 | Public Defender, respectively, for the designated fiscal | ||||||
12 | year, and are not subject to county appropriation. | ||||||
13 | (6) Expenditure of grant money under this
subsection | ||||||
14 | (g) is subject to audit by the Auditor General. | ||||||
15 | (7) The Cook County Treasurer shall immediately make
| ||||||
16 | payment from the appropriate separate account in the | ||||||
17 | county treasury for capital litigation expenses to the | ||||||
18 | State's Attorney, Public Defender, or court appointed | ||||||
19 | defense counsel other than the Public Defender, as the | ||||||
20 | case may be, upon order of the State's Attorney, Public | ||||||
21 | Defender or the court, respectively. | ||||||
22 | (h) If a defendant in a capital case in Cook County is | ||||||
23 | represented by court appointed counsel other than the Cook | ||||||
24 | County Public Defender, the appointed counsel shall petition | ||||||
25 | the court for an order directing the Cook County Treasurer to | ||||||
26 | pay the court appointed counsel's reasonable and necessary |
| |||||||
| |||||||
1 | compensation and capital litigation expenses from grant money | ||||||
2 | provided from the Trust Fund. The petitions shall be supported | ||||||
3 | by itemized bills showing the date, the amount of time spent, | ||||||
4 | the work done and the total being charged for each entry. The | ||||||
5 | court shall not authorize payment of bills that are not | ||||||
6 | properly itemized. The petitions shall be filed under seal and | ||||||
7 | considered ex parte but with a court reporter present for all | ||||||
8 | ex parte conferences. The petitions shall be reviewed by both | ||||||
9 | the trial judge and the presiding judge of the circuit court or | ||||||
10 | the presiding judge's designee. The petitions and orders shall | ||||||
11 | be kept under seal and shall be exempt from Freedom of | ||||||
12 | Information requests until the conclusion of the trial and | ||||||
13 | appeal of the case, even if the prosecution chooses not to | ||||||
14 | pursue the penalty for a capital offense prior to trial or | ||||||
15 | sentencing. Orders denying petitions for compensation or | ||||||
16 | expenses are final. Counsel may not petition for expenses that | ||||||
17 | may have been provided or compensated by the State Appellate | ||||||
18 | Defender under item (c)(5.1) of Section 10 of the State | ||||||
19 | Appellate Defender Act. | ||||||
20 | (i) In counties other than Cook County, and when the | ||||||
21 | Attorney General is ordered by the presiding judge of the | ||||||
22 | Criminal Division of the Circuit Court of Cook County to | ||||||
23 | prosecute or supervise the prosecution of Cook County cases, | ||||||
24 | and excluding capital litigation expenses or services that may | ||||||
25 | have been provided by the State Appellate Defender under item | ||||||
26 | (c)(5.1) of Section 10 of the State Appellate Defender Act: |
| |||||||
| |||||||
1 | (1) Upon certification by the circuit court, on a
form | ||||||
2 | created by the State Treasurer, that all or a portion of | ||||||
3 | the expenses are reasonable, necessary, and appropriate | ||||||
4 | for payment from the Trust Fund and the court's delivery | ||||||
5 | of the certification to the Treasurer, the Treasurer shall | ||||||
6 | pay the certified expenses of Public Defenders and the | ||||||
7 | State Appellate Defender from the money appropriated to | ||||||
8 | the Treasurer for capital litigation expenses of Public | ||||||
9 | Defenders and post-conviction proceeding expenses in | ||||||
10 | capital cases of the State Appellate Defender and expenses | ||||||
11 | in relation to petitions filed under Section 2-1401 of the | ||||||
12 | Code of Civil Procedure in relation to capital cases in | ||||||
13 | any county other than Cook County, if there is sufficient | ||||||
14 | money in the Trust Fund to pay the expenses. | ||||||
15 | (2) If a defendant in a capital case is represented
by | ||||||
16 | court appointed counsel other than the Public Defender, | ||||||
17 | the appointed counsel shall petition the court to certify | ||||||
18 | compensation and capital litigation expenses including, | ||||||
19 | but not limited to, investigatory and other assistance, | ||||||
20 | expert, forensic, and other witnesses, and mitigation | ||||||
21 | specialists as reasonable, necessary, and appropriate for | ||||||
22 | payment from the Trust Fund. If a petitioner in a capital | ||||||
23 | case who has filed a petition for post-conviction relief | ||||||
24 | under Article 122 of the Code of Criminal Procedure of | ||||||
25 | 1963 or a petition under Section 2-1401 of the Code of | ||||||
26 | Civil Procedure in relation to capital cases is |
| |||||||
| |||||||
1 | represented by an attorney approved by or contracted with | ||||||
2 | the State Appellate Defender other than the State | ||||||
3 | Appellate Defender, that attorney shall petition the court | ||||||
4 | to certify compensation and litigation expenses of | ||||||
5 | post-conviction proceedings under Article 122 of the Code | ||||||
6 | of Criminal Procedure of 1963 or in relation to petitions | ||||||
7 | filed under Section 2-1401 of the Code of Civil Procedure | ||||||
8 | in relation to capital cases. Upon certification on a form | ||||||
9 | created by the State Treasurer of all or a portion of the | ||||||
10 | compensation and expenses certified as reasonable, | ||||||
11 | necessary, and appropriate for payment from the Trust Fund | ||||||
12 | and the court's delivery of the certification to the | ||||||
13 | Treasurer, the State Treasurer shall pay the certified | ||||||
14 | compensation and expenses from the money appropriated to | ||||||
15 | the Treasurer for that purpose, if there is sufficient | ||||||
16 | money in the Trust Fund to make those payments. | ||||||
17 | (3) A petition for capital litigation expenses or
| ||||||
18 | post-conviction proceeding expenses or expenses incurred | ||||||
19 | in filing a petition under Section 2-1401 of the Code of | ||||||
20 | Civil Procedure in relation to capital cases under this | ||||||
21 | subsection shall be considered under seal and reviewed ex | ||||||
22 | parte with a court reporter present. Orders denying | ||||||
23 | petitions for compensation or expenses are final. | ||||||
24 | (j) If the Trust Fund is discontinued or dissolved by an | ||||||
25 | Act of the General Assembly or by operation of law, any balance | ||||||
26 | remaining in the Trust Fund shall be returned to the General |
| |||||||
| |||||||
1 | Revenue Fund after deduction of administrative costs, any | ||||||
2 | other provision of this Act to the contrary notwithstanding.
| ||||||
3 | Section 95. The Statute on Statutes is amended by adding | ||||||
4 | Section 1.45 as follows: | ||||||
5 | (5 ILCS 70/1.45 new) | ||||||
6 | Sec. 1.45. Capital offense; penalty for a capital offense. | ||||||
7 | Whenever there is a reference in any Act to "capital offense" | ||||||
8 | or "penalty for a capital offense", that term means the | ||||||
9 | maximum sentence that could have been imposed for first degree | ||||||
10 | murder before July 1, 2011 (the effective date of Public Act | ||||||
11 | 96-1543). | ||||||
12 | Section 100. The Freedom of Information Act is amended by | ||||||
13 | changing Section 7.5 as follows:
| ||||||
14 | (5 ILCS 140/7.5)
| ||||||
15 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
16 | by the statutes referenced below, the following shall be | ||||||
17 | exempt from inspection and copying: | ||||||
18 | (a) All information determined to be confidential | ||||||
19 | under Section 4002 of the Technology Advancement and | ||||||
20 | Development Act. | ||||||
21 | (b) Library circulation and order records identifying | ||||||
22 | library users with specific materials under the Library |
| |||||||
| |||||||
1 | Records Confidentiality Act. | ||||||
2 | (c) Applications, related documents, and medical | ||||||
3 | records received by the Experimental Organ Transplantation | ||||||
4 | Procedures Board and any and all documents or other | ||||||
5 | records prepared by the Experimental Organ Transplantation | ||||||
6 | Procedures Board or its staff relating to applications it | ||||||
7 | has received. | ||||||
8 | (d) Information and records held by the Department of | ||||||
9 | Public Health and its authorized representatives relating | ||||||
10 | to known or suspected cases of sexually transmissible | ||||||
11 | disease or any information the disclosure of which is | ||||||
12 | restricted under the Illinois Sexually Transmissible | ||||||
13 | Disease Control Act. | ||||||
14 | (e) Information the disclosure of which is exempted | ||||||
15 | under Section 30 of the Radon Industry Licensing Act. | ||||||
16 | (f) Firm performance evaluations under Section 55 of | ||||||
17 | the Architectural, Engineering, and Land Surveying | ||||||
18 | Qualifications Based Selection Act. | ||||||
19 | (g) Information the disclosure of which is restricted | ||||||
20 | and exempted under Section 50 of the Illinois Prepaid | ||||||
21 | Tuition Act. | ||||||
22 | (h) Information the disclosure of which is exempted | ||||||
23 | under the State Officials and Employees Ethics Act, and | ||||||
24 | records of any lawfully created State or local inspector | ||||||
25 | general's office that would be exempt if created or | ||||||
26 | obtained by an Executive Inspector General's office under |
| |||||||
| |||||||
1 | that Act. | ||||||
2 | (i) Information contained in a local emergency energy | ||||||
3 | plan submitted to a municipality in accordance with a | ||||||
4 | local emergency energy plan ordinance that is adopted | ||||||
5 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
6 | (j) Information and data concerning the distribution | ||||||
7 | of surcharge moneys collected and remitted by carriers | ||||||
8 | under the Emergency Telephone System Act. | ||||||
9 | (k) Law enforcement officer identification information | ||||||
10 | or driver identification information compiled by a law | ||||||
11 | enforcement agency or the Department of Transportation | ||||||
12 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
13 | (l) Records and information provided to a residential | ||||||
14 | health care facility resident sexual assault and death | ||||||
15 | review team or the Executive Council under the Abuse | ||||||
16 | Prevention Review Team Act. | ||||||
17 | (m) Information provided to the predatory lending | ||||||
18 | database created pursuant to Article 3 of the Residential | ||||||
19 | Real Property Disclosure Act, except to the extent | ||||||
20 | authorized under that Article. | ||||||
21 | (n) Defense budgets and petitions for certification of | ||||||
22 | compensation and expenses for court appointed trial | ||||||
23 | counsel as provided under Sections 10 and 15 of the | ||||||
24 | Capital Crimes Litigation Act of 2023 . This subsection (n) | ||||||
25 | shall apply until the conclusion of the trial of the case, | ||||||
26 | even if the prosecution chooses not to pursue the death |
| |||||||
| |||||||
1 | penalty for a capital offense prior to trial or | ||||||
2 | sentencing. | ||||||
3 | (o) Information that is prohibited from being | ||||||
4 | disclosed under Section 4 of the Illinois Health and | ||||||
5 | Hazardous Substances Registry Act. | ||||||
6 | (p) Security portions of system safety program plans, | ||||||
7 | investigation reports, surveys, schedules, lists, data, or | ||||||
8 | information compiled, collected, or prepared by or for the | ||||||
9 | Department of Transportation under Sections 2705-300 and | ||||||
10 | 2705-616 of the Department of Transportation Law of the | ||||||
11 | Civil Administrative Code of Illinois, the Regional | ||||||
12 | Transportation Authority under Section 2.11 of the | ||||||
13 | Regional Transportation Authority Act, or the St. Clair | ||||||
14 | County Transit District under the Bi-State Transit Safety | ||||||
15 | Act. | ||||||
16 | (q) Information prohibited from being disclosed by the | ||||||
17 | Personnel Record Review Act. | ||||||
18 | (r) Information prohibited from being disclosed by the | ||||||
19 | Illinois School Student Records Act. | ||||||
20 | (s) Information the disclosure of which is restricted | ||||||
21 | under Section 5-108 of the Public Utilities Act.
| ||||||
22 | (t) All identified or deidentified health information | ||||||
23 | in the form of health data or medical records contained | ||||||
24 | in, stored in, submitted to, transferred by, or released | ||||||
25 | from the Illinois Health Information Exchange, and | ||||||
26 | identified or deidentified health information in the form |
| |||||||
| |||||||
1 | of health data and medical records of the Illinois Health | ||||||
2 | Information Exchange in the possession of the Illinois | ||||||
3 | Health Information Exchange Office due to its | ||||||
4 | administration of the Illinois Health Information | ||||||
5 | Exchange. The terms "identified" and "deidentified" shall | ||||||
6 | be given the same meaning as in the Health Insurance | ||||||
7 | Portability and Accountability Act of 1996, Public Law | ||||||
8 | 104-191, or any subsequent amendments thereto, and any | ||||||
9 | regulations promulgated thereunder. | ||||||
10 | (u) Records and information provided to an independent | ||||||
11 | team of experts under the Developmental Disability and | ||||||
12 | Mental Health Safety Act (also known as Brian's Law). | ||||||
13 | (v) Names and information of people who have applied | ||||||
14 | for or received Firearm Owner's Identification Cards under | ||||||
15 | the Firearm Owners Identification Card Act or applied for | ||||||
16 | or received a concealed carry license under the Firearm | ||||||
17 | Concealed Carry Act, unless otherwise authorized by the | ||||||
18 | Firearm Concealed Carry Act; and databases under the | ||||||
19 | Firearm Concealed Carry Act, records of the Concealed | ||||||
20 | Carry Licensing Review Board under the Firearm Concealed | ||||||
21 | Carry Act, and law enforcement agency objections under the | ||||||
22 | Firearm Concealed Carry Act. | ||||||
23 | (v-5) Records of the Firearm Owner's Identification | ||||||
24 | Card Review Board that are exempted from disclosure under | ||||||
25 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
26 | (w) Personally identifiable information which is |
| |||||||
| |||||||
1 | exempted from disclosure under subsection (g) of Section | ||||||
2 | 19.1 of the Toll Highway Act. | ||||||
3 | (x) Information which is exempted from disclosure | ||||||
4 | under Section 5-1014.3 of the Counties Code or Section | ||||||
5 | 8-11-21 of the Illinois Municipal Code. | ||||||
6 | (y) Confidential information under the Adult | ||||||
7 | Protective Services Act and its predecessor enabling | ||||||
8 | statute, the Elder Abuse and Neglect Act, including | ||||||
9 | information about the identity and administrative finding | ||||||
10 | against any caregiver of a verified and substantiated | ||||||
11 | decision of abuse, neglect, or financial exploitation of | ||||||
12 | an eligible adult maintained in the Registry established | ||||||
13 | under Section 7.5 of the Adult Protective Services Act. | ||||||
14 | (z) Records and information provided to a fatality | ||||||
15 | review team or the Illinois Fatality Review Team Advisory | ||||||
16 | Council under Section 15 of the Adult Protective Services | ||||||
17 | Act. | ||||||
18 | (aa) Information which is exempted from disclosure | ||||||
19 | under Section 2.37 of the Wildlife Code. | ||||||
20 | (bb) Information which is or was prohibited from | ||||||
21 | disclosure by the Juvenile Court Act of 1987. | ||||||
22 | (cc) Recordings made under the Law Enforcement | ||||||
23 | Officer-Worn Body Camera Act, except to the extent | ||||||
24 | authorized under that Act. | ||||||
25 | (dd) Information that is prohibited from being | ||||||
26 | disclosed under Section 45 of the Condominium and Common |
| |||||||
| |||||||
1 | Interest Community Ombudsperson Act. | ||||||
2 | (ee) Information that is exempted from disclosure | ||||||
3 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
4 | (ff) Information that is exempted from disclosure | ||||||
5 | under the Revised Uniform Unclaimed Property Act. | ||||||
6 | (gg) Information that is prohibited from being | ||||||
7 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
8 | Code. | ||||||
9 | (hh) Records that are exempt from disclosure under | ||||||
10 | Section 1A-16.7 of the Election Code. | ||||||
11 | (ii) Information which is exempted from disclosure | ||||||
12 | under Section 2505-800 of the Department of Revenue Law of | ||||||
13 | the Civil Administrative Code of Illinois. | ||||||
14 | (jj) Information and reports that are required to be | ||||||
15 | submitted to the Department of Labor by registering day | ||||||
16 | and temporary labor service agencies but are exempt from | ||||||
17 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
18 | and Temporary Labor Services Act. | ||||||
19 | (kk) Information prohibited from disclosure under the | ||||||
20 | Seizure and Forfeiture Reporting Act. | ||||||
21 | (ll) Information the disclosure of which is restricted | ||||||
22 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
23 | Aid Code. | ||||||
24 | (mm) Records that are exempt from disclosure under | ||||||
25 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
26 | (nn) Information that is exempt from disclosure under |
| |||||||
| |||||||
1 | Section 70 of the Higher Education Student Assistance Act. | ||||||
2 | (oo) Communications, notes, records, and reports | ||||||
3 | arising out of a peer support counseling session | ||||||
4 | prohibited from disclosure under the First Responders | ||||||
5 | Suicide Prevention Act. | ||||||
6 | (pp) Names and all identifying information relating to | ||||||
7 | an employee of an emergency services provider or law | ||||||
8 | enforcement agency under the First Responders Suicide | ||||||
9 | Prevention Act. | ||||||
10 | (qq) Information and records held by the Department of | ||||||
11 | Public Health and its authorized representatives collected | ||||||
12 | under the Reproductive Health Act. | ||||||
13 | (rr) Information that is exempt from disclosure under | ||||||
14 | the Cannabis Regulation and Tax Act. | ||||||
15 | (ss) Data reported by an employer to the Department of | ||||||
16 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
17 | Human Rights Act. | ||||||
18 | (tt) Recordings made under the Children's Advocacy | ||||||
19 | Center Act, except to the extent authorized under that | ||||||
20 | Act. | ||||||
21 | (uu) Information that is exempt from disclosure under | ||||||
22 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
23 | (vv) Information that is exempt from disclosure under | ||||||
24 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
25 | Public Aid Code. | ||||||
26 | (ww) Information that is exempt from disclosure under |
| |||||||
| |||||||
1 | Section 16.8 of the State Treasurer Act. | ||||||
2 | (xx) Information that is exempt from disclosure or | ||||||
3 | information that shall not be made public under the | ||||||
4 | Illinois Insurance Code. | ||||||
5 | (yy) Information prohibited from being disclosed under | ||||||
6 | the Illinois Educational Labor Relations Act. | ||||||
7 | (zz) Information prohibited from being disclosed under | ||||||
8 | the Illinois Public Labor Relations Act. | ||||||
9 | (aaa) Information prohibited from being disclosed | ||||||
10 | under Section 1-167 of the Illinois Pension Code. | ||||||
11 | (bbb) Information that is prohibited from disclosure | ||||||
12 | by the Illinois Police Training Act and the Illinois State | ||||||
13 | Police Act. | ||||||
14 | (ccc) Records exempt from disclosure under Section
| ||||||
15 | 2605-304 of the Illinois State Police Law of the Civil
| ||||||
16 | Administrative Code of Illinois. | ||||||
17 | (ddd) Information prohibited from being disclosed | ||||||
18 | under Section 35 of the Address Confidentiality for | ||||||
19 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
20 | Trafficking, or Stalking Act. | ||||||
21 | (eee) Information prohibited from being disclosed | ||||||
22 | under subsection (b) of Section 75 of the Domestic | ||||||
23 | Violence Fatality Review Act. | ||||||
24 | (fff) Images from cameras under the Expressway Camera | ||||||
25 | Act. This subsection (fff) is inoperative on and after | ||||||
26 | July 1, 2023. |
| |||||||
| |||||||
1 | (ggg) (fff) Information prohibited from disclosure | ||||||
2 | under paragraph (3) of subsection (a) of Section 14 of the | ||||||
3 | Nurse Agency Licensing Act. | ||||||
4 | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | ||||||
5 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
6 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
7 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
8 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
9 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
10 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
11 | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | ||||||
12 | 7-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.) | ||||||
13 | Section 105. The State Finance Act is amended by adding | ||||||
14 | Section 5.990 as follows: | ||||||
15 | (30 ILCS 105/5.990 new) | ||||||
16 | Sec. 5.990. The Capital Litigation Trust Fund.
| ||||||
17 | Section 110. The Criminal Code of 2012 is amended by | ||||||
18 | changing Section 9-1 as follows: | ||||||
19 | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||||
20 | Sec. 9-1. First degree murder; death penalties for a | ||||||
21 | capital offense ; exceptions; separate
hearings; proof; | ||||||
22 | findings; appellate procedures; reversals.
|
| |||||||
| |||||||
1 | (a) A person who kills an individual without lawful | ||||||
2 | justification commits
first degree murder if, in performing | ||||||
3 | the acts which cause the death:
| ||||||
4 | (1) he or she either intends to kill or do great bodily | ||||||
5 | harm to that
individual or another, or knows that such | ||||||
6 | acts will cause death to that
individual or another; or
| ||||||
7 | (2) he or she knows that such acts create a strong | ||||||
8 | probability of death or
great bodily harm to that | ||||||
9 | individual or another; or
| ||||||
10 | (3) he or she, acting alone or with one or more | ||||||
11 | participants, commits or attempts to commit a forcible | ||||||
12 | felony other than second degree murder, and in the course | ||||||
13 | of or in furtherance of such crime or flight therefrom, he | ||||||
14 | or she or another participant causes the death of a | ||||||
15 | person.
| ||||||
16 | (b) Aggravating Factors. A defendant who at the time of | ||||||
17 | the
commission of the offense has attained the age of 18 or | ||||||
18 | more and who has
been found guilty of first degree murder may | ||||||
19 | be sentenced to natural life imprisonment death if:
| ||||||
20 | (1) the murdered individual was a peace officer or | ||||||
21 | fireman killed in
the course of performing his official | ||||||
22 | duties, to prevent the performance
of his or her official | ||||||
23 | duties, or in retaliation for performing his or her | ||||||
24 | official
duties, and the defendant knew or
should have | ||||||
25 | known that the murdered individual was a peace officer or
| ||||||
26 | fireman; or
|
| |||||||
| |||||||
1 | (2) the murdered individual was an employee of an | ||||||
2 | institution or
facility of the Department of Corrections, | ||||||
3 | or any similar local
correctional agency, killed in the | ||||||
4 | course of performing his or her official
duties, to | ||||||
5 | prevent the performance of his or her official duties, or | ||||||
6 | in
retaliation for performing his or her official duties, | ||||||
7 | or the murdered
individual was an inmate at such | ||||||
8 | institution or facility and was killed on the
grounds | ||||||
9 | thereof, or the murdered individual was otherwise present | ||||||
10 | in such
institution or facility with the knowledge and | ||||||
11 | approval of the chief
administrative officer thereof; or
| ||||||
12 | (3) the defendant has been convicted of murdering two | ||||||
13 | or more
individuals under subsection (a) of this Section | ||||||
14 | or under any law of the
United States or of any state which | ||||||
15 | is substantially similar to
subsection (a) of this Section | ||||||
16 | regardless of whether the deaths
occurred as the result of | ||||||
17 | the same act or of several related or
unrelated acts so | ||||||
18 | long as the deaths were the result of either an intent
to | ||||||
19 | kill more than one person or of separate acts which
the | ||||||
20 | defendant knew would cause death or create a strong | ||||||
21 | probability of
death or great bodily harm to the murdered | ||||||
22 | individual or another; or
| ||||||
23 | (4) the murdered individual was killed as a result of | ||||||
24 | the
hijacking of an airplane, train, ship, bus, or other | ||||||
25 | public conveyance; or
| ||||||
26 | (5) the defendant committed the murder pursuant to a |
| |||||||
| |||||||
1 | contract,
agreement, or understanding by which he or she | ||||||
2 | was to receive money or anything
of value in return for | ||||||
3 | committing the murder or procured another to
commit the | ||||||
4 | murder for money or anything of value; or
| ||||||
5 | (6) the murdered individual was killed in the course | ||||||
6 | of another felony if:
| ||||||
7 | (A) (a) the murdered individual:
| ||||||
8 | (i) was actually killed by the defendant, or
| ||||||
9 | (ii) received physical injuries personally | ||||||
10 | inflicted by the defendant
substantially | ||||||
11 | contemporaneously with physical injuries caused by | ||||||
12 | one or
more persons for whose conduct the | ||||||
13 | defendant is legally accountable under
Section 5-2 | ||||||
14 | of this Code, and the physical injuries inflicted | ||||||
15 | by either
the defendant or the other person or | ||||||
16 | persons for whose conduct he is legally
| ||||||
17 | accountable caused the death of the murdered | ||||||
18 | individual; and
| ||||||
19 | (B) (b) in performing the acts which caused the | ||||||
20 | death of the murdered
individual or which resulted in | ||||||
21 | physical injuries personally inflicted by
the | ||||||
22 | defendant on the murdered individual under the | ||||||
23 | circumstances of
subdivision (ii) of subparagraph (A) | ||||||
24 | (a) of paragraph (6) of subsection (b) of
this | ||||||
25 | Section, the defendant acted with the intent to kill | ||||||
26 | the murdered
individual or with the knowledge that his |
| |||||||
| |||||||
1 | acts created a strong probability
of death or great | ||||||
2 | bodily harm to the murdered individual or another; and
| ||||||
3 | (C) (c) the other felony was an inherently violent | ||||||
4 | crime
or the attempt to commit an inherently
violent | ||||||
5 | crime.
In this subparagraph (C) (c) , "inherently | ||||||
6 | violent crime" includes, but is not
limited to, armed | ||||||
7 | robbery, robbery, predatory criminal sexual assault of | ||||||
8 | a
child,
aggravated criminal sexual assault, | ||||||
9 | aggravated kidnapping, aggravated vehicular
hijacking,
| ||||||
10 | aggravated arson, aggravated stalking, residential | ||||||
11 | burglary, and home
invasion; or
| ||||||
12 | (7) the murdered individual was under 12 years of age | ||||||
13 | and the
death resulted from exceptionally brutal or | ||||||
14 | heinous behavior indicative of
wanton cruelty; or
| ||||||
15 | (8) the defendant committed the murder with intent to
| ||||||
16 | prevent the murdered individual from testifying or | ||||||
17 | participating in any
criminal investigation or prosecution
| ||||||
18 | or giving material assistance to the State in any | ||||||
19 | investigation or
prosecution, either against the defendant | ||||||
20 | or another; or the defendant
committed the murder because | ||||||
21 | the murdered individual was a witness in any
prosecution | ||||||
22 | or gave material assistance to the State in any | ||||||
23 | investigation
or prosecution, either against the defendant | ||||||
24 | or another;
for purposes of this paragraph (8), | ||||||
25 | "participating in any criminal
investigation
or | ||||||
26 | prosecution" is intended to include those appearing in the |
| |||||||
| |||||||
1 | proceedings in
any capacity such as trial judges, | ||||||
2 | prosecutors, defense attorneys,
investigators, witnesses, | ||||||
3 | or jurors; or
| ||||||
4 | (9) the defendant, while committing an offense | ||||||
5 | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | ||||||
6 | 407 or 407.1 or subsection (b) of
Section
404 of the | ||||||
7 | Illinois Controlled Substances Act, or while engaged in a
| ||||||
8 | conspiracy or solicitation to commit such offense, | ||||||
9 | intentionally killed an
individual or counseled, | ||||||
10 | commanded, induced, procured or caused the
intentional | ||||||
11 | killing of the murdered individual; or
| ||||||
12 | (10) the defendant was incarcerated in an institution | ||||||
13 | or facility of
the Department of Corrections at the time | ||||||
14 | of the murder, and while
committing an offense punishable | ||||||
15 | as a felony under Illinois law, or while
engaged in a | ||||||
16 | conspiracy or solicitation to commit such offense,
| ||||||
17 | intentionally killed an individual or counseled, | ||||||
18 | commanded, induced,
procured or caused the intentional | ||||||
19 | killing of the murdered individual; or
| ||||||
20 | (11) the murder was committed in a cold, calculated | ||||||
21 | and premeditated
manner pursuant to a preconceived plan, | ||||||
22 | scheme or design to take a human
life by unlawful means, | ||||||
23 | and the conduct of the defendant created a
reasonable | ||||||
24 | expectation that the death of a human being would result
| ||||||
25 | therefrom; or
| ||||||
26 | (12) the murdered individual was an emergency medical |
| |||||||
| |||||||
1 | technician -
ambulance, emergency medical technician - | ||||||
2 | intermediate, emergency medical
technician - paramedic, | ||||||
3 | ambulance driver, or
other medical assistance or first aid | ||||||
4 | personnel, employed by a municipality
or other | ||||||
5 | governmental unit, killed in the course of performing his | ||||||
6 | official
duties, to prevent the performance of his | ||||||
7 | official duties, or in retaliation
for performing his | ||||||
8 | official duties, and the defendant knew or should have
| ||||||
9 | known that the murdered individual was an emergency | ||||||
10 | medical technician -
ambulance, emergency medical | ||||||
11 | technician - intermediate, emergency medical
technician - | ||||||
12 | paramedic, ambulance driver, or
other medical assistance | ||||||
13 | or first aid personnel; or
| ||||||
14 | (13) the defendant was a principal administrator, | ||||||
15 | organizer, or leader
of a calculated criminal drug | ||||||
16 | conspiracy consisting of a hierarchical position
of | ||||||
17 | authority superior to that of all other members of the | ||||||
18 | conspiracy, and the
defendant counseled, commanded, | ||||||
19 | induced, procured, or caused the intentional
killing of | ||||||
20 | the murdered person;
or
| ||||||
21 | (14) the murder was intentional and involved the | ||||||
22 | infliction of torture.
For
the purpose of this Section | ||||||
23 | torture means the infliction of or subjection to
extreme | ||||||
24 | physical pain, motivated by an intent to increase or | ||||||
25 | prolong the pain,
suffering or agony of the victim; or
| ||||||
26 | (15) the murder was committed as a result of the |
| |||||||
| |||||||
1 | intentional discharge
of a firearm by the defendant from a | ||||||
2 | motor vehicle and the victim was not
present within the | ||||||
3 | motor vehicle; or
| ||||||
4 | (16) the murdered individual was 60 years of age or | ||||||
5 | older and the death
resulted
from exceptionally brutal or | ||||||
6 | heinous behavior indicative of wanton cruelty; or
| ||||||
7 | (17) the murdered individual was a person with a | ||||||
8 | disability and the defendant knew
or
should have known | ||||||
9 | that the murdered individual was a person with a | ||||||
10 | disability. For purposes of
this paragraph (17), "person | ||||||
11 | with a disability" means a person who suffers from a
| ||||||
12 | permanent physical or mental impairment resulting from | ||||||
13 | disease, an injury,
a functional disorder, or a congenital | ||||||
14 | condition that renders the person
incapable of
adequately | ||||||
15 | providing for his or her own health or personal care; or
| ||||||
16 | (18) the murder was committed by reason of any | ||||||
17 | person's activity as a
community policing volunteer or to | ||||||
18 | prevent any person from engaging in activity
as a | ||||||
19 | community policing volunteer; or
| ||||||
20 | (19) the murdered individual was subject to an order | ||||||
21 | of protection and the
murder was committed by a person | ||||||
22 | against whom the same order of protection was
issued under | ||||||
23 | the Illinois Domestic Violence Act of 1986; or
| ||||||
24 | (20) the murdered individual was known by the | ||||||
25 | defendant to be a teacher or
other person employed in any | ||||||
26 | school and the teacher or other employee is upon
the |
| |||||||
| |||||||
1 | grounds of a school or grounds adjacent to a school, or is | ||||||
2 | in any part of a
building used for school purposes; or
| ||||||
3 | (21) the murder was committed by the defendant in | ||||||
4 | connection with or as
a
result of the offense of terrorism | ||||||
5 | as defined in Section 29D-14.9 of this
Code; or
| ||||||
6 | (22) the murdered individual was a member of a | ||||||
7 | congregation engaged in prayer or other religious | ||||||
8 | activities at a church, synagogue, mosque, or other | ||||||
9 | building, structure, or place used for religious worship. | ||||||
10 | (b-1) A defendant who at the time of the
commission of the | ||||||
11 | offense has attained the age of 18 or more and who has
been | ||||||
12 | found guilty of first degree murder may be sentenced to the | ||||||
13 | penalty for a capital offense if the murdered individual was | ||||||
14 | killed in or on the grounds of a religious institution, public | ||||||
15 | or private school, community college, college, university, | ||||||
16 | child care facility, or public place. In this subsection | ||||||
17 | (b-1): | ||||||
18 | "Child care facility" has the meaning ascribed to it | ||||||
19 | in Section 2.05 of the Child Care Act of 1969. | ||||||
20 | "Public place" means any place to which the public or | ||||||
21 | a substantial group of the public has access and includes, | ||||||
22 | but is not limited to, streets, highways, and the common | ||||||
23 | areas of schools, hospitals, apartment houses, office | ||||||
24 | buildings, transport facilities, and shops. | ||||||
25 | "Religious institution" means a church,
synagogue, | ||||||
26 | mosque, temple, or other building, structure, or place |
| |||||||
| |||||||
1 | identified or associated with a particular religion or | ||||||
2 | used for religious worship or other religious purpose. | ||||||
3 | "School" includes a prekindergarten school program. | ||||||
4 | (b-5) Aggravating Factor; Natural Life Imprisonment. A | ||||||
5 | defendant who has been found guilty of first degree murder and | ||||||
6 | who at the time of the commission of the offense had attained | ||||||
7 | the age of 18 years or more may be sentenced to natural life | ||||||
8 | imprisonment if
(i) the murdered individual was a physician, | ||||||
9 | physician assistant, psychologist, nurse, or advanced practice | ||||||
10 | registered nurse, (ii) the defendant knew or should have
known | ||||||
11 | that the murdered individual was a physician, physician | ||||||
12 | assistant, psychologist, nurse, or advanced practice | ||||||
13 | registered nurse, and (iii) the murdered individual was killed | ||||||
14 | in the course of acting in his or her capacity as a physician, | ||||||
15 | physician assistant, psychologist, nurse, or advanced practice | ||||||
16 | registered nurse, or to prevent him or her from acting in that | ||||||
17 | capacity, or in retaliation
for his or her acting in that | ||||||
18 | capacity. | ||||||
19 | (c) Consideration of factors in Aggravation and | ||||||
20 | Mitigation.
| ||||||
21 | The court shall consider, or shall instruct the jury to | ||||||
22 | consider any
aggravating and any mitigating factors which are | ||||||
23 | relevant to the
imposition of the death penalty for a capital | ||||||
24 | offense . Aggravating factors may include but
need not be | ||||||
25 | limited to those factors set forth in subsection (b).
| ||||||
26 | Mitigating factors may include but need not be limited to the |
| |||||||
| |||||||
1 | following:
| ||||||
2 | (1) the defendant has no significant history of prior | ||||||
3 | criminal
activity;
| ||||||
4 | (2) the murder was committed while the defendant was | ||||||
5 | under
the influence of extreme mental or emotional | ||||||
6 | disturbance, although not such
as to constitute a defense | ||||||
7 | to prosecution;
| ||||||
8 | (3) the murdered individual was a participant in the
| ||||||
9 | defendant's homicidal conduct or consented to the | ||||||
10 | homicidal act;
| ||||||
11 | (4) the defendant acted under the compulsion of threat | ||||||
12 | or
menace of the imminent infliction of death or great | ||||||
13 | bodily harm;
| ||||||
14 | (5) the defendant was not personally present during
| ||||||
15 | commission of the act or acts causing death;
| ||||||
16 | (6) the defendant's background includes a history of | ||||||
17 | extreme emotional
or physical abuse;
| ||||||
18 | (7) the defendant suffers from a reduced mental | ||||||
19 | capacity.
| ||||||
20 | Provided, however, that an action that does not otherwise | ||||||
21 | mitigate first degree murder cannot qualify as a mitigating | ||||||
22 | factor for first degree murder because of the discovery, | ||||||
23 | knowledge, or disclosure of the victim's sexual orientation as | ||||||
24 | defined in Section 1-103 of the Illinois Human Rights Act. | ||||||
25 | (d) Separate sentencing hearing.
| ||||||
26 | Where requested by the State, the court shall conduct a |
| |||||||
| |||||||
1 | separate
sentencing proceeding to determine the existence of | ||||||
2 | factors set forth in
subsection (b) and to consider any | ||||||
3 | aggravating or mitigating factors as
indicated in subsection | ||||||
4 | (c). The proceeding shall be conducted:
| ||||||
5 | (1) before the jury that determined the defendant's | ||||||
6 | guilt; or
| ||||||
7 | (2) before a jury impanelled for the purpose of the | ||||||
8 | proceeding if:
| ||||||
9 | A. the defendant was convicted upon a plea of | ||||||
10 | guilty; or
| ||||||
11 | B. the defendant was convicted after a trial | ||||||
12 | before the court
sitting without a jury; or
| ||||||
13 | C. the court for good cause shown discharges the | ||||||
14 | jury that
determined the defendant's guilt; or
| ||||||
15 | (3) before the court alone if the defendant waives a | ||||||
16 | jury
for the separate proceeding.
| ||||||
17 | (e) Evidence and Argument.
| ||||||
18 | During the proceeding any information relevant to any of | ||||||
19 | the factors
set forth in subsection (b) may be presented by | ||||||
20 | either the State or the
defendant under the rules governing | ||||||
21 | the admission of evidence at
criminal trials. Any information | ||||||
22 | relevant to any additional aggravating
factors or any | ||||||
23 | mitigating factors indicated in subsection (c) may be
| ||||||
24 | presented by the State or defendant regardless of its | ||||||
25 | admissibility
under the rules governing the admission of | ||||||
26 | evidence at criminal trials.
The State and the defendant shall |
| |||||||
| |||||||
1 | be given fair opportunity to rebut any
information received at | ||||||
2 | the hearing.
| ||||||
3 | (f) Proof.
| ||||||
4 | The burden of proof of establishing the existence of any | ||||||
5 | of the
factors set forth in subsection (b) is on the State and | ||||||
6 | shall not be
satisfied unless established beyond a reasonable | ||||||
7 | doubt.
| ||||||
8 | (g) Procedure - Jury.
| ||||||
9 | If at the separate sentencing proceeding the jury finds | ||||||
10 | that none of
the factors set forth in subsection (b) exists, | ||||||
11 | the court shall sentence
the defendant to a term of | ||||||
12 | imprisonment under Chapter V of the Unified
Code of | ||||||
13 | Corrections. If there is a unanimous finding by the jury that
| ||||||
14 | one or more of the factors set forth in subsection (b) exist, | ||||||
15 | the jury
shall consider aggravating and mitigating factors as | ||||||
16 | instructed by the
court and shall determine whether the | ||||||
17 | sentence for a capital offense of death shall be
imposed. If | ||||||
18 | the jury determines unanimously, after weighing the factors in
| ||||||
19 | aggravation and mitigation, that the penalty for a capital | ||||||
20 | offense death is the appropriate sentence, the court shall | ||||||
21 | sentence the defendant to the penalty for a capital offense | ||||||
22 | death .
If the court does not concur with the jury | ||||||
23 | determination that the penalty for a capital offense death is | ||||||
24 | the
appropriate sentence, the court shall set forth reasons in | ||||||
25 | writing
including what facts or circumstances the court relied | ||||||
26 | upon,
along with any relevant
documents, that compelled the |
| |||||||
| |||||||
1 | court to non-concur with the sentence. This
document and any | ||||||
2 | attachments shall be part of the record for appellate
review. | ||||||
3 | The court shall be bound by the jury's sentencing | ||||||
4 | determination.
| ||||||
5 | If after weighing the factors in aggravation and | ||||||
6 | mitigation, one or more
jurors determines that the penalty for | ||||||
7 | a capital offense death is not the appropriate sentence,
the
| ||||||
8 | court shall sentence the defendant to a term of imprisonment | ||||||
9 | under
Chapter V of the Unified Code of Corrections.
| ||||||
10 | (h) Procedure - No Jury.
| ||||||
11 | In a proceeding before the court alone, if the court finds | ||||||
12 | that none
of the factors found in subsection (b) exists, the | ||||||
13 | court shall sentence
the defendant to a term of imprisonment | ||||||
14 | under Chapter V of the Unified
Code of Corrections.
| ||||||
15 | If the Court determines that one or more of the factors set | ||||||
16 | forth in
subsection (b) exists, the Court shall consider any | ||||||
17 | aggravating and
mitigating factors as indicated in subsection | ||||||
18 | (c). If the Court
determines, after weighing the factors in | ||||||
19 | aggravation and mitigation, that the penalty for a capital | ||||||
20 | offense
death is the appropriate sentence, the Court shall | ||||||
21 | sentence the
defendant to the penalty for a capital offense | ||||||
22 | death .
| ||||||
23 | If
the court finds that the penalty for a capital offense | ||||||
24 | death is not the
appropriate sentence, the
court shall | ||||||
25 | sentence the defendant to a term of imprisonment under
Chapter | ||||||
26 | V of the Unified Code of Corrections.
|
| |||||||
| |||||||
1 | (h-5) Decertification as a capital case.
| ||||||
2 | In a case in which the defendant has been found guilty of | ||||||
3 | first degree murder
by a judge or jury, or a case on remand for | ||||||
4 | resentencing, and the State seeks
the death penalty for a | ||||||
5 | capital offense as an appropriate
sentence,
on the court's own | ||||||
6 | motion or the written motion of the defendant, the court
may | ||||||
7 | decertify the case as a capital death penalty case if the court | ||||||
8 | finds that the only
evidence supporting the defendant's | ||||||
9 | conviction is the uncorroborated testimony
of an informant | ||||||
10 | witness, as defined in Section 115-21 of the Code of Criminal
| ||||||
11 | Procedure of 1963, concerning the confession or admission of | ||||||
12 | the defendant or
that the sole evidence against the defendant | ||||||
13 | is a single eyewitness or single
accomplice without any other | ||||||
14 | corroborating evidence.
If the court decertifies the case as a | ||||||
15 | capital case
under either of the grounds set forth above, the | ||||||
16 | court shall issue a
written finding. The State may pursue its | ||||||
17 | right to appeal the decertification
pursuant to Supreme Court | ||||||
18 | Rule 604(a)(1). If the court does not
decertify the case as a | ||||||
19 | capital case, the matter shall proceed to the
eligibility | ||||||
20 | phase of the sentencing hearing.
| ||||||
21 | (i) Appellate Procedure.
| ||||||
22 | The conviction and sentence of the penalty for a capital | ||||||
23 | offense death shall be subject to automatic
review by the | ||||||
24 | Supreme Court. Such review shall be in accordance with
rules | ||||||
25 | promulgated by the Supreme Court.
The Illinois Supreme Court | ||||||
26 | may overturn the penalty for a capital offense death sentence , |
| |||||||
| |||||||
1 | and order the
imposition of imprisonment under Chapter V of | ||||||
2 | the Unified Code of
Corrections if the court finds that the | ||||||
3 | penalty for a capital offense death sentence is fundamentally
| ||||||
4 | unjust as applied to the particular case.
If the Illinois | ||||||
5 | Supreme Court finds that the penalty for a capital offense
| ||||||
6 | death sentence is fundamentally unjust as applied to the | ||||||
7 | particular case,
independent of any procedural grounds for | ||||||
8 | relief, the Illinois Supreme Court
shall issue a written | ||||||
9 | opinion explaining this finding.
| ||||||
10 | (j) Disposition of reversed capital death sentence.
| ||||||
11 | In the event that the death penalty for a capital offense | ||||||
12 | in this Act is held to be
unconstitutional by the Supreme Court | ||||||
13 | of the United States or of the
State of Illinois, any person | ||||||
14 | convicted of first degree murder shall be
sentenced by the | ||||||
15 | court to a term of imprisonment under Chapter V of the
Unified | ||||||
16 | Code of Corrections.
| ||||||
17 | In the event that any death sentence for a capital offense | ||||||
18 | pursuant to the sentencing
provisions of this Section is | ||||||
19 | declared unconstitutional by the Supreme
Court of the United | ||||||
20 | States or of the State of Illinois, the court having
| ||||||
21 | jurisdiction over a person previously sentenced to the penalty | ||||||
22 | for a capital offense death shall cause the
defendant to be | ||||||
23 | brought before the court, and the court shall sentence
the | ||||||
24 | defendant to a term of imprisonment under Chapter V of the
| ||||||
25 | Unified Code of Corrections.
| ||||||
26 | (k) Guidelines for seeking the death penalty for a capital |
| |||||||
| |||||||
1 | offense .
| ||||||
2 | The Attorney General and
State's Attorneys Association | ||||||
3 | shall consult on voluntary guidelines for
procedures governing | ||||||
4 | whether or not to seek the death penalty for a capital offense . | ||||||
5 | The guidelines
do not
have the force of law and are only | ||||||
6 | advisory in nature.
| ||||||
7 | (Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18; | ||||||
8 | 100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff. | ||||||
9 | 7-1-21 .) | ||||||
10 | Section 115. The Code of Criminal Procedure of 1963 is | ||||||
11 | amended by changing Sections 113-3 and 119-1 as follows:
| ||||||
12 | (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
| ||||||
13 | Sec. 113-3.
(a) Every person charged with an offense shall | ||||||
14 | be
allowed counsel before pleading to the charge. If the | ||||||
15 | defendant desires
counsel and has been unable to obtain same | ||||||
16 | before arraignment the court
shall recess court or continue | ||||||
17 | the cause for a reasonable time to permit
defendant to obtain | ||||||
18 | counsel and consult with him before pleading to the
charge. If | ||||||
19 | the accused is a dissolved corporation, and is not represented
| ||||||
20 | by counsel, the court may, in the interest of justice, appoint | ||||||
21 | as counsel a
licensed attorney of this State.
| ||||||
22 | (b) In all cases, except where
the penalty is a fine only, | ||||||
23 | if the
court determines that the defendant is indigent and | ||||||
24 | desires counsel, the
Public Defender shall be appointed as |
| |||||||
| |||||||
1 | counsel. If there is no Public
Defender in the county or if the | ||||||
2 | defendant requests counsel other than
the Public Defender and | ||||||
3 | the court finds that the rights of the defendant
will be | ||||||
4 | prejudiced by the appointment of the Public Defender, the | ||||||
5 | court
shall appoint as counsel a licensed attorney at law of | ||||||
6 | this State,
except that in a county having a population of | ||||||
7 | 2,000,000 or
more the
Public Defender shall be appointed as | ||||||
8 | counsel in all misdemeanor cases
where the defendant is | ||||||
9 | indigent and desires counsel unless the case
involves multiple | ||||||
10 | defendants, in which case the court may appoint
counsel other | ||||||
11 | than the Public Defender for the additional defendants.
The | ||||||
12 | court shall require an affidavit signed by any defendant who
| ||||||
13 | requests court-appointed counsel. Such affidavit shall be in | ||||||
14 | the form
established by the Supreme Court containing
| ||||||
15 | sufficient information to ascertain the assets and liabilities | ||||||
16 | of that
defendant. The Court may direct the Clerk of the | ||||||
17 | Circuit Court to
assist the defendant in the completion of the | ||||||
18 | affidavit. Any person who
knowingly files such affidavit | ||||||
19 | containing false information concerning
his assets and | ||||||
20 | liabilities shall be liable to the county where the
case, in | ||||||
21 | which such false affidavit is filed, is pending for the
| ||||||
22 | reasonable value of the services rendered by the public | ||||||
23 | defender or
other court-appointed counsel in the case to the | ||||||
24 | extent that such
services were unjustly or falsely procured.
| ||||||
25 | (c) Upon the filing with the court of a verified statement | ||||||
26 | of
services rendered the court shall order the county |
| |||||||
| |||||||
1 | treasurer of the
county of trial to pay counsel other than the | ||||||
2 | Public Defender a reasonable fee.
The court shall consider all | ||||||
3 | relevant circumstances, including but not limited
to the time | ||||||
4 | spent while court is in session, other time spent in | ||||||
5 | representing
the defendant, and expenses reasonably incurred | ||||||
6 | by counsel. In counties
with a population greater than | ||||||
7 | 2,000,000,
the court shall order the county
treasurer of the | ||||||
8 | county of trial to pay counsel other than the Public Defender
a | ||||||
9 | reasonable fee stated in the order and based upon a rate of | ||||||
10 | compensation
of not more than $40 for each hour spent while | ||||||
11 | court is in session and
not more than $30 for each hour | ||||||
12 | otherwise spent representing a
defendant, and such | ||||||
13 | compensation shall not exceed $150 for each
defendant | ||||||
14 | represented in misdemeanor cases and $1250 in felony cases, in
| ||||||
15 | addition to expenses reasonably incurred as hereinafter in | ||||||
16 | this Section
provided, except that, in extraordinary | ||||||
17 | circumstances, payment in excess
of the limits herein stated | ||||||
18 | may be made if the trial court certifies
that such payment is | ||||||
19 | necessary to provide fair compensation for
protracted | ||||||
20 | representation. A trial court may entertain the filing of this
| ||||||
21 | verified statement before the termination of the cause, and | ||||||
22 | may order the
provisional payment of sums during the pendency | ||||||
23 | of the cause.
| ||||||
24 | (d) In capital cases, in addition to counsel, if the court
| ||||||
25 | determines that the defendant is indigent the court may, upon | ||||||
26 | the filing
with the court of a verified statement of services |
| |||||||
| |||||||
1 | rendered, order the
county Treasurer of the county of trial to | ||||||
2 | pay necessary expert
witnesses for defendant reasonable | ||||||
3 | compensation stated in the order not
to exceed $250 for each | ||||||
4 | defendant.
| ||||||
5 | (e) If the court in any county having a population greater | ||||||
6 | than
2,000,000 determines that the defendant is indigent the | ||||||
7 | court
may, upon the filing with the court of a verified | ||||||
8 | statement of such expenses,
order the county treasurer of the | ||||||
9 | county of trial, in such counties
having a population greater | ||||||
10 | than 2,000,000 to pay the general
expenses of the trial | ||||||
11 | incurred by the defendant not to exceed $50 for each
| ||||||
12 | defendant.
| ||||||
13 | (f) The provisions of this Section relating to appointment | ||||||
14 | of counsel,
compensation of counsel, and payment of expenses
| ||||||
15 | in capital cases apply except when the compensation and | ||||||
16 | expenses are being
provided under the Capital Crimes | ||||||
17 | Litigation Act of 2023 .
| ||||||
18 | (Source: P.A. 91-589, eff. 1-1-00.)
| ||||||
19 | (725 ILCS 5/119-1) | ||||||
20 | Sec. 119-1. Capital offense Death penalty abolished ; | ||||||
21 | partially restored . | ||||||
22 | (a) Except as otherwise provided in this Section, | ||||||
23 | beginning on July 1, 2011 (the effective date of Public Act | ||||||
24 | 96-1543) and Beginning on the effective date of this | ||||||
25 | amendatory Act of the 96th General Assembly, notwithstanding |
| |||||||
| |||||||
1 | any other law to the contrary, the death penalty for a capital | ||||||
2 | offense is abolished and a sentence to the penalty for a | ||||||
3 | capital offense death may not be imposed. | ||||||
4 | (a-5) Notwithstanding subsection (a), a defendant who at | ||||||
5 | the time of the
commission of the offense has attained the age | ||||||
6 | of 18 or more years and who has
been found guilty of first | ||||||
7 | degree murder under subsection (b-1) of Section 9-1 of the | ||||||
8 | Criminal Code of 2012 may be sentenced to the penalty for a | ||||||
9 | capital offense. | ||||||
10 | (b) All unobligated and unexpended moneys remaining in the | ||||||
11 | Capital Litigation Trust Fund on the effective date of this | ||||||
12 | amendatory Act of the 96th General Assembly shall be | ||||||
13 | transferred into the Death Penalty Abolition Fund on the | ||||||
14 | effective date of this amendatory Act of the 103rd General | ||||||
15 | Assembly shall be transferred into the Capital Litigation | ||||||
16 | Trust Fund, together with any money the Death Penalty | ||||||
17 | Abolition Fund may receive thereafter , a special fund in the | ||||||
18 | State treasury, to be expended by the Illinois Criminal | ||||||
19 | Justice Information Authority, for services for families of | ||||||
20 | victims of homicide or murder and for training of law | ||||||
21 | enforcement personnel .
| ||||||
22 | (Source: P.A. 96-1543, eff. 7-1-11 .) | ||||||
23 | Section 120. The State Appellate Defender Act is amended | ||||||
24 | by changing Section 10 as follows:
|
| |||||||
| |||||||
1 | (725 ILCS 105/10) (from Ch. 38, par. 208-10)
| ||||||
2 | Sec. 10. Powers and duties of State Appellate Defender.
| ||||||
3 | (a) The State Appellate Defender shall represent indigent | ||||||
4 | persons on
appeal in criminal and delinquent minor | ||||||
5 | proceedings, when appointed to do so by
a court under a Supreme | ||||||
6 | Court Rule or law of this State.
| ||||||
7 | (b) The State Appellate Defender shall submit a budget for | ||||||
8 | the
approval of the State Appellate Defender Commission.
| ||||||
9 | (c) The State Appellate Defender may:
| ||||||
10 | (1) maintain a panel of private attorneys available to | ||||||
11 | serve as
counsel on a case basis;
| ||||||
12 | (2) establish programs, alone or in conjunction with | ||||||
13 | law schools,
for the purpose of utilizing volunteer law | ||||||
14 | students as legal assistants;
| ||||||
15 | (3) cooperate and consult with state agencies, | ||||||
16 | professional
associations, and other groups concerning the | ||||||
17 | causes of criminal
conduct, the rehabilitation and | ||||||
18 | correction of persons charged with and
convicted of crime, | ||||||
19 | the administration of criminal justice, and, in
counties | ||||||
20 | of less than 1,000,000 population, study, design, develop | ||||||
21 | and
implement model systems for the delivery of trial | ||||||
22 | level defender
services, and make an annual report to the | ||||||
23 | General Assembly;
| ||||||
24 | (4) hire investigators to provide investigative | ||||||
25 | services to appointed counsel and county
public defenders;
| ||||||
26 | (5) (blank);
|
| |||||||
| |||||||
1 | (5.1) in cases in which a sentence for a capital | ||||||
2 | offense is an authorized disposition,
provide trial | ||||||
3 | counsel with legal assistance and the assistance of expert | ||||||
4 | witnesses, investigators,
and mitigation specialists from | ||||||
5 | funds appropriated to the State Appellate
Defender | ||||||
6 | specifically for that
purpose by the General Assembly. The | ||||||
7 | Office of State Appellate Defender shall
not be appointed | ||||||
8 | to serve as trial counsel in capital cases; | ||||||
9 | (5.5) provide training to county public defenders; | ||||||
10 | (5.7) provide county public defenders with the | ||||||
11 | assistance of expert witnesses and investigators from | ||||||
12 | funds appropriated to the State Appellate Defender | ||||||
13 | specifically for that purpose by the General Assembly. The | ||||||
14 | Office of the State Appellate Defender shall not be | ||||||
15 | appointed to act as trial counsel; | ||||||
16 | (6) develop a Juvenile Defender Resource Center to:
| ||||||
17 | (i) study, design, develop, and implement model systems | ||||||
18 | for the delivery of trial level defender services for | ||||||
19 | juveniles in the justice system; (ii) in cases in which a | ||||||
20 | sentence of incarceration or an adult sentence, or both, | ||||||
21 | is an authorized disposition, provide trial counsel with | ||||||
22 | legal advice and the assistance of expert witnesses and | ||||||
23 | investigators from funds appropriated to the Office of the | ||||||
24 | State Appellate Defender by the General Assembly | ||||||
25 | specifically for that purpose; (iii) develop and provide | ||||||
26 | training to public defenders on juvenile justice issues, |
| |||||||
| |||||||
1 | utilizing resources including the State and local bar | ||||||
2 | associations, the Illinois Public Defender Association, | ||||||
3 | law schools, the Midwest Juvenile Defender Center, and pro | ||||||
4 | bono efforts by law firms; and
(iv) make an annual report | ||||||
5 | to the General Assembly. | ||||||
6 | Investigators employed by the Capital Trial Assistance | ||||||
7 | Unit and Capital Post Conviction Unit of the State Appellate | ||||||
8 | Defender shall be authorized to
inquire
through the Illinois | ||||||
9 | State Police or local law enforcement with the Law
Enforcement
| ||||||
10 | Agencies Data System (LEADS) under Section 2605-375 of the | ||||||
11 | Illinois State Police Law of the Civil Administrative
Code of | ||||||
12 | Illinois to ascertain whether their potential witnesses have a | ||||||
13 | criminal
background, including, but not limited to: (i) | ||||||
14 | warrants; (ii) arrests; (iii) convictions; and (iv)
officer
| ||||||
15 | safety information. This authorization applies only to | ||||||
16 | information held on the
State
level and shall be used only to | ||||||
17 | protect the personal safety of the
investigators. Any
| ||||||
18 | information that is obtained through this inquiry may not be | ||||||
19 | disclosed by the
investigators. | ||||||
20 | (c-5) For each State fiscal year, the State Appellate | ||||||
21 | Defender shall request a direct appropriation from the Capital | ||||||
22 | Litigation Trust Fund for expenses incurred by the State | ||||||
23 | Appellate Defender in providing assistance to trial attorneys | ||||||
24 | under paragraph (5.1) of subsection (c) of this Section and | ||||||
25 | for expenses incurred by the State Appellate Defender in | ||||||
26 | representing petitioners in capital cases in post-conviction |
| |||||||
| |||||||
1 | proceedings under Article 122 of the Code of Criminal | ||||||
2 | Procedure of 1963 and in relation to petitions filed under | ||||||
3 | Section 2-1401 of the Code of Civil Procedure in relation to | ||||||
4 | capital cases and for the representation of those petitioners | ||||||
5 | by attorneys approved by or contracted with the State | ||||||
6 | Appellate Defender and an appropriation to the State Treasurer | ||||||
7 | for payments from the Trust Fund for the defense of cases in | ||||||
8 | counties other than Cook County. The State Appellate Defender | ||||||
9 | may appear before the
General Assembly at other times during | ||||||
10 | the State's fiscal year to request
supplemental appropriations | ||||||
11 | from the Trust Fund to the State Treasurer. | ||||||
12 | (d) (Blank).
| ||||||
13 | (e) The requirement for reporting to the General Assembly | ||||||
14 | shall be
satisfied
by filing copies of the report as required | ||||||
15 | by Section 3.1 of the General Assembly Organization
Act and | ||||||
16 | filing such additional copies with the State Government Report
| ||||||
17 | Distribution Center for
the General Assembly as is required | ||||||
18 | under paragraph (t) of Section 7 of the
State Library Act.
| ||||||
19 | (Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)
|