103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1493

 

Introduced 1/31/2023, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 70/1.45 new
5 ILCS 140/7.5
30 ILCS 105/5.990 new
720 ILCS 5/9-1  from Ch. 38, par. 9-1
725 ILCS 5/113-3  from Ch. 38, par. 113-3
725 ILCS 5/119-1
725 ILCS 105/10  from Ch. 38, par. 208-10

    Amends the Code of Criminal Procedure of 1963. Provides that a defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to the penalty for a capital offense if the murdered individual was killed in or on the grounds of a religious institution, public or private school, community college, college, university, child care facility, or a public place. Defines terms. Enacts the Capital Crimes Litigation Act of 2023. Provides specified funding and resources for cases in which a sentence for a capital offense is an authorized disposition. Creates the Capital Litigation Trust Fund. Provides that all unobligated and unexpended money in the Death Penalty Abolition Fund are transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a sentence for a capital offense is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of the State Appellate Defender shall not be appointed to serve as trial counsel in capital cases. Amends the Freedom of Information Act, the State Finance Act, and the Criminal Code of 2012 to make conforming changes.


LRB103 04370 RLC 49376 b

 

 

A BILL FOR

 

HB1493LRB103 04370 RLC 49376 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Capital Crimes Litigation Act of 2023.
 
6    Section 5. Appointment of trial counsel in capital cases.
7If an indigent defendant is charged with an offense that is a
8capital offense, and the State's Attorney has not, at or
9before arraignment, filed a certificate indicating he or she
10will not seek the penalty for a capital offense or stated on
11the record in open court that the penalty for a capital offense
12will not be sought, the trial court shall immediately appoint
13the Public Defender, or any other qualified attorney or
14attorneys as the Illinois Supreme Court shall by rule provide,
15to represent the defendant as trial counsel. If the Public
16Defender is appointed, he or she shall immediately assign the
17attorney or attorneys who are public defenders to represent
18the defendant. The counsel shall meet the qualifications as
19the Supreme Court shall by rule provide. At the request of
20court appointed counsel in a capital case, attorneys employed
21by the State Appellate Defender may enter an appearance for
22the limited purpose of assisting counsel appointed under this
23Section.
 

 

 

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1    Section 10. Court appointed trial counsel; compensation
2and expenses.
3    (a) This Section applies only to compensation and expenses
4of trial counsel appointed by the court as set forth in Section
55, other than public defenders, for the period after
6arraignment and so long as the State's Attorney has not, at any
7time, filed a certificate indicating he or she will not seek
8the penalty for a capital offense or stated on the record in
9open court that the penalty for a capital offense will not be
10sought.
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.
5        (2) The litigation budget shall serve purposes
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
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
19        compensated;
20            (B) the hourly rate at which private
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
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
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
4presentment and certification by the circuit court of a claim
5for services detailing the date, activity, and time duration
6for which compensation is sought. Compensation for appointed
7trial counsel may be paid at a reasonable rate not to exceed
8$125 per hour. The court shall not authorize payment of bills
9that are not properly itemized. A request for payment shall be
10presented under seal and reviewed ex parte with a court
11reporter present. Every January 20, the statutory rate
12prescribed in this subsection shall be automatically increased
13or decreased, as applicable, by a percentage equal to the
14percentage change in the consumer price index-u during the
15preceding 12-month calendar year. "Consumer price index-u"
16means the index published by the Bureau of Labor Statistics of
17the United States Department of Labor that measures the
18average change in prices of goods and services purchased by
19all urban consumers, United States city average, all items,
201982-84=100. The new rate resulting from each annual
21adjustment shall be determined by the State Treasurer and made
22available to the chief judge of each judicial circuit.
23    (c) Appointed trial counsel may also petition the court
24for certification of expenses for reasonable and necessary
25capital litigation expenses including, but not limited to,
26investigatory and other assistance, expert, forensic, and

 

 

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1other witnesses, and mitigation specialists. Each provider of
2proposed services must specify the best preliminary estimate
3that can be made in light of information received in the case
4at that point, and the provider must sign this estimate under
5the provisions of Section 1-109 of the Code of Civil
6Procedure. A provider of proposed services must also specify
7(1) his or her hourly rate; (2) the hourly rate of anyone else
8in his or her employ for whom reimbursement is sought; and (3)
9the hourly rate of any person or entity that may be
10subcontracted to perform these services. Counsel may not
11petition for certification of expenses that may have been
12provided or compensated by the State Appellate Defender under
13item (c)(5.1) of Section 10 of the State Appellate Defender
14Act. The petitions shall be filed under seal and considered ex
15parte but with a court reporter present for all ex parte
16conferences. If the requests are submitted after services have
17been rendered, the requests shall be supported by an invoice
18describing the services rendered, the dates the services were
19performed and the amount of time spent. These petitions shall
20be reviewed by both the trial judge and the presiding judge of
21the circuit court or the presiding judge's designee. The
22petitions and orders shall be kept under seal and shall be
23exempt from Freedom of Information requests until the
24conclusion of the trial, even if the prosecution chooses not
25to pursue the penalty for a capital offense prior to trial or
26sentencing. If an ex parte hearing is requested by defense

 

 

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1counsel or deemed necessary by the trial judge, the hearing
2shall be before the presiding judge or the presiding judge's
3designee.
4    (d) Appointed trial counsel shall petition the court for
5certification of compensation and expenses under this Section
6periodically during the course of counsel's representation.
7The petitions shall be supported by itemized bills showing the
8date, the amount of time spent, the work done and the total
9being charged for each entry. The court shall not authorize
10payment of bills that are not properly itemized. The court
11must certify reasonable and necessary expenses of the
12petitioner for travel and per diem (lodging, meals, and
13incidental expenses). These expenses must be paid at the rate
14as promulgated by the United States General Services
15Administration for these expenses for the date and location in
16which they were incurred, unless extraordinary reasons are
17shown for the difference. The petitions shall be filed under
18seal and considered ex parte but with a court reporter present
19for all ex parte conferences. The petitions shall be reviewed
20by both the trial judge and the presiding judge of the circuit
21court or the presiding judge's designee. If an ex parte
22hearing is requested by defense counsel or deemed necessary by
23the trial judge, the ex parte hearing shall be before the
24presiding judge or the presiding judge's designee. If the
25court determines that the compensation and expenses should be
26paid from the Capital Litigation Trust Fund, the court shall

 

 

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1certify, on a form created by the State Treasurer, that all or
2a designated portion of the amount requested is reasonable,
3necessary, and appropriate for payment from the Trust Fund.
4The form must also be signed by lead trial counsel under the
5provisions of Section 1-109 of the Code of Civil Procedure
6verifying that the amount requested is reasonable, necessary,
7and appropriate. Bills submitted for payment by any individual
8or entity seeking payment from the Capital Litigation Trust
9Fund must also be accompanied by a form created by the State
10Treasurer and signed by the individual or responsible agent of
11the entity under the provisions of Section 1-109 of the Code of
12Civil Procedure that the amount requested is accurate and
13truthful and reflects time spent or expenses incurred.
14Certification of compensation and expenses by a court in any
15county other than Cook County shall be delivered by the court
16to the State Treasurer and must be paid by the State Treasurer
17directly from the Capital Litigation Trust Fund if there is
18sufficient money in the Trust Fund to pay the compensation and
19expenses. If the State Treasurer finds within 14 days of his or
20her receipt of a certification that the compensation and
21expenses to be paid are unreasonable, unnecessary, or
22inappropriate, he or she may return the certification to the
23court setting forth in detail the objection or objections with
24a request for the court to review the objection or objections
25before resubmitting the certification. The State Treasurer
26must send the claimant a copy of the objection or objections.

 

 

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1The State Treasurer may only seek a review of a specific
2objection once. The claimant has 7 days from his or her receipt
3of the objections to file a response with the court. With or
4without further hearing, the court must promptly rule on the
5objections. The petitions and orders shall be kept under seal
6and shall be exempt from Freedom of Information requests until
7the conclusion of the trial and appeal of the case, even if the
8prosecution chooses not to pursue the penalty for a capital
9offense prior to trial or sentencing. Certification of
10compensation and expenses by a court in Cook County shall be
11delivered by the court to the county treasurer and paid by the
12county treasurer from money granted to the county from the
13Capital Litigation Trust Fund.
 
14    Section 15. Capital Litigation Trust Fund.
15    (a) The Capital Litigation Trust Fund is created as a
16special fund in the State Treasury. The Trust Fund shall be
17administered by the State Treasurer to provide money for the
18appropriations to be made, grants to be awarded, and
19compensation and expenses to be paid under this Act. All
20interest earned from the investment or deposit of money
21accumulated in the Trust Fund shall, under Section 4.1 of the
22State Finance Act, be deposited into the Trust Fund.
23    (b) Money deposited into the Trust Fund shall not be
24considered general revenue of the State of Illinois.
25    (c) Money deposited into the Trust Fund shall be used

 

 

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1exclusively for the purposes of providing funding for the
2prosecution and defense of capital cases and for providing
3funding for post-conviction proceedings in capital cases under
4Article 122 of the Code of Criminal Procedure of 1963 and in
5relation to petitions filed under Section 2-1401 of the Code
6of Civil Procedure in relation to capital cases as provided in
7this Act and shall not be appropriated, loaned, or in any
8manner transferred to the General Revenue Fund of the State of
9Illinois.
10    (d) Every fiscal year the State Treasurer shall transfer
11from the General Revenue Fund to the Capital Litigation Trust
12Fund an amount equal to the full amount of money appropriated
13by the General Assembly (both by original and supplemental
14appropriation), less any unexpended balance from the previous
15fiscal year, from the Capital Litigation Trust Fund for the
16specific purpose of making funding available for the
17prosecution and defense of capital cases and for the
18litigation expenses associated with post-conviction
19proceedings in capital cases under Article 122 of the Code of
20Criminal Procedure of 1963 and in relation to petitions filed
21under Section 2-1401 of the Code of Civil Procedure in
22relation to capital cases. The Public Defender and State's
23Attorney in Cook County, the State Appellate Defender, the
24Office of the State's Attorneys Appellate Prosecutor, and the
25Attorney General shall make annual requests for appropriations
26from the Trust Fund.

 

 

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1        (1) The Public Defender in Cook County shall request
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
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
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
23follows:
24        (1) To pay the State Treasurer's costs to administer
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.
2        (2) To pay the capital litigation expenses of trial
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

 

 

HB1493- 14 -LRB103 04370 RLC 49376 b

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.
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
4State Appellate Defender, the Office of the State's Attorneys
5Appellate Prosecutor, the Attorney General, and the State
6Treasurer. The State Appellate Defender shall receive an
7appropriation from the Trust Fund to enable it to provide
8assistance to appointed defense counsel and attorneys approved
9by or contracted with the State Appellate Defender to
10represent petitioners in post-conviction proceedings in
11capital cases under Article 122 of the Code of Criminal
12Procedure of 1963 and in relation to petitions filed under
13Section 2-1401 of the Code of Civil Procedure in relation to
14capital cases throughout the State and to Public Defenders in
15counties other than Cook. The Office of the State's Attorneys
16Appellate Prosecutor and the Attorney General shall receive
17appropriations from the Trust Fund to enable them to provide
18assistance to State's Attorneys in counties other than Cook
19County and when the Attorney General is ordered by the
20presiding judge of the Criminal Division of the Circuit Court
21of Cook County to prosecute or supervise the prosecution of
22Cook County cases. Money shall be appropriated to the State
23Treasurer to enable the Treasurer (i) to make grants to Cook
24County, (ii) to pay the expenses of Public Defenders, the
25State Appellate Defender, the Attorney General, the Office of
26the State's Attorneys Appellate Prosecutor, and State's

 

 

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1Attorneys in counties other than Cook County, (iii) to pay the
2expenses and compensation of appointed defense counsel and
3attorneys approved by or contracted with the State Appellate
4Defender to represent petitioners in post-conviction
5proceedings in capital cases under Article 122 of the Code of
6Criminal Procedure of 1963 and in relation to petitions filed
7under Section 2-1401 of the Code of Civil Procedure in
8relation to capital cases in counties other than Cook County,
9and (iv) to pay the costs of administering the Trust Fund. All
10expenditures and grants made from the Trust Fund shall be
11subject to audit by the Auditor General.
12    (g) For Cook County, grants from the Trust Fund shall be
13made 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

 

 

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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
23represented by court appointed counsel other than the Cook
24County Public Defender, the appointed counsel shall petition
25the court for an order directing the Cook County Treasurer to
26pay the court appointed counsel's reasonable and necessary

 

 

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1compensation and capital litigation expenses from grant money
2provided from the Trust Fund. The petitions shall be supported
3by itemized bills showing the date, the amount of time spent,
4the work done and the total being charged for each entry. The
5court shall not authorize payment of bills that are not
6properly itemized. The petitions shall be filed under seal and
7considered ex parte but with a court reporter present for all
8ex parte conferences. The petitions shall be reviewed by both
9the trial judge and the presiding judge of the circuit court or
10the presiding judge's designee. The petitions and orders shall
11be kept under seal and shall be exempt from Freedom of
12Information requests until the conclusion of the trial and
13appeal of the case, even if the prosecution chooses not to
14pursue the penalty for a capital offense prior to trial or
15sentencing. Orders denying petitions for compensation or
16expenses are final. Counsel may not petition for expenses that
17may have been provided or compensated by the State Appellate
18Defender under item (c)(5.1) of Section 10 of the State
19Appellate Defender Act.
20    (i) In counties other than Cook County, and when the
21Attorney General is ordered by the presiding judge of the
22Criminal Division of the Circuit Court of Cook County to
23prosecute or supervise the prosecution of Cook County cases,
24and excluding capital litigation expenses or services that may
25have been provided by the State Appellate Defender under item
26(c)(5.1) of Section 10 of the State Appellate Defender Act:

 

 

HB1493- 20 -LRB103 04370 RLC 49376 b

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

 

 

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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
25Act of the General Assembly or by operation of law, any balance
26remaining in the Trust Fund shall be returned to the General

 

 

HB1493- 22 -LRB103 04370 RLC 49376 b

1Revenue Fund after deduction of administrative costs, any
2other provision of this Act to the contrary notwithstanding.
 
3    Section 95. The Statute on Statutes is amended by adding
4Section 1.45 as follows:
 
5    (5 ILCS 70/1.45 new)
6    Sec. 1.45. Capital offense; penalty for a capital offense.
7Whenever there is a reference in any Act to "capital offense"
8or "penalty for a capital offense", that term means the
9maximum sentence that could have been imposed for first degree
10murder before July 1, 2011 (the effective date of Public Act
1196-1543).
 
12    Section 100. The Freedom of Information Act is amended by
13changing Section 7.5 as follows:
 
14    (5 ILCS 140/7.5)
15    Sec. 7.5. Statutory exemptions. To the extent provided for
16by the statutes referenced below, the following shall be
17exempt 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

 

 

HB1493- 23 -LRB103 04370 RLC 49376 b

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

 

 

HB1493- 24 -LRB103 04370 RLC 49376 b

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

 

 

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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

 

 

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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

 

 

HB1493- 27 -LRB103 04370 RLC 49376 b

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

 

 

HB1493- 28 -LRB103 04370 RLC 49376 b

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

 

 

HB1493- 29 -LRB103 04370 RLC 49376 b

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

 

 

HB1493- 30 -LRB103 04370 RLC 49376 b

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.

 

 

HB1493- 31 -LRB103 04370 RLC 49376 b

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;
5101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
61-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
7eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
8101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
91-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
10eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
11102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
127-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.)
 
13    Section 105. The State Finance Act is amended by adding
14Section 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
18changing 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
21capital offense; exceptions; separate hearings; proof;
22findings; appellate procedures; reversals.

 

 

HB1493- 32 -LRB103 04370 RLC 49376 b

1    (a) A person who kills an individual without lawful
2justification commits first degree murder if, in performing
3the 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
17the commission of the offense has attained the age of 18 or
18more and who has been found guilty of first degree murder may
19be 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

 

 

HB1493- 33 -LRB103 04370 RLC 49376 b

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

 

 

HB1493- 34 -LRB103 04370 RLC 49376 b

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

 

 

HB1493- 35 -LRB103 04370 RLC 49376 b

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

 

 

HB1493- 36 -LRB103 04370 RLC 49376 b

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

 

 

HB1493- 37 -LRB103 04370 RLC 49376 b

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

 

 

HB1493- 38 -LRB103 04370 RLC 49376 b

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

 

 

HB1493- 39 -LRB103 04370 RLC 49376 b

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
11offense has attained the age of 18 or more and who has been
12found guilty of first degree murder may be sentenced to the
13penalty for a capital offense if the murdered individual was
14killed in or on the grounds of a religious institution, public
15or private school, community college, college, university,
16child 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

 

 

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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
5defendant who has been found guilty of first degree murder and
6who at the time of the commission of the offense had attained
7the age of 18 years or more may be sentenced to natural life
8imprisonment if (i) the murdered individual was a physician,
9physician assistant, psychologist, nurse, or advanced practice
10registered nurse, (ii) the defendant knew or should have known
11that the murdered individual was a physician, physician
12assistant, psychologist, nurse, or advanced practice
13registered nurse, and (iii) the murdered individual was killed
14in the course of acting in his or her capacity as a physician,
15physician assistant, psychologist, nurse, or advanced practice
16registered nurse, or to prevent him or her from acting in that
17capacity, or in retaliation for his or her acting in that
18capacity.
19    (c) Consideration of factors in Aggravation and
20Mitigation.
21    The court shall consider, or shall instruct the jury to
22consider any aggravating and any mitigating factors which are
23relevant to the imposition of the death penalty for a capital
24offense. Aggravating factors may include but need not be
25limited to those factors set forth in subsection (b).
26Mitigating factors may include but need not be limited to the

 

 

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1following:
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
21mitigate first degree murder cannot qualify as a mitigating
22factor for first degree murder because of the discovery,
23knowledge, or disclosure of the victim's sexual orientation as
24defined 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

 

 

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1separate sentencing proceeding to determine the existence of
2factors set forth in subsection (b) and to consider any
3aggravating 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
19the factors set forth in subsection (b) may be presented by
20either the State or the defendant under the rules governing
21the admission of evidence at criminal trials. Any information
22relevant to any additional aggravating factors or any
23mitigating factors indicated in subsection (c) may be
24presented by the State or defendant regardless of its
25admissibility under the rules governing the admission of
26evidence at criminal trials. The State and the defendant shall

 

 

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1be given fair opportunity to rebut any information received at
2the hearing.
3    (f) Proof.
4    The burden of proof of establishing the existence of any
5of the factors set forth in subsection (b) is on the State and
6shall not be satisfied unless established beyond a reasonable
7doubt.
8    (g) Procedure - Jury.
9    If at the separate sentencing proceeding the jury finds
10that none of the factors set forth in subsection (b) exists,
11the court shall sentence the defendant to a term of
12imprisonment under Chapter V of the Unified Code of
13Corrections. If there is a unanimous finding by the jury that
14one or more of the factors set forth in subsection (b) exist,
15the jury shall consider aggravating and mitigating factors as
16instructed by the court and shall determine whether the
17sentence for a capital offense of death shall be imposed. If
18the jury determines unanimously, after weighing the factors in
19aggravation and mitigation, that the penalty for a capital
20offense death is the appropriate sentence, the court shall
21sentence the defendant to the penalty for a capital offense
22death. If the court does not concur with the jury
23determination that the penalty for a capital offense death is
24the appropriate sentence, the court shall set forth reasons in
25writing including what facts or circumstances the court relied
26upon, along with any relevant documents, that compelled the

 

 

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1court to non-concur with the sentence. This document and any
2attachments shall be part of the record for appellate review.
3The court shall be bound by the jury's sentencing
4determination.
5    If after weighing the factors in aggravation and
6mitigation, one or more jurors determines that the penalty for
7a capital offense death is not the appropriate sentence, the
8court shall sentence the defendant to a term of imprisonment
9under 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
12that none of the factors found in subsection (b) exists, the
13court shall sentence the defendant to a term of imprisonment
14under Chapter V of the Unified Code of Corrections.
15    If the Court determines that one or more of the factors set
16forth in subsection (b) exists, the Court shall consider any
17aggravating and mitigating factors as indicated in subsection
18(c). If the Court determines, after weighing the factors in
19aggravation and mitigation, that the penalty for a capital
20offense death is the appropriate sentence, the Court shall
21sentence the defendant to the penalty for a capital offense
22death.
23    If the court finds that the penalty for a capital offense
24death is not the appropriate sentence, the court shall
25sentence the defendant to a term of imprisonment under Chapter
26V of the Unified Code of Corrections.

 

 

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1    (h-5) Decertification as a capital case.
2    In a case in which the defendant has been found guilty of
3first degree murder by a judge or jury, or a case on remand for
4resentencing, and the State seeks the death penalty for a
5capital offense as an appropriate sentence, on the court's own
6motion or the written motion of the defendant, the court may
7decertify the case as a capital death penalty case if the court
8finds that the only evidence supporting the defendant's
9conviction is the uncorroborated testimony of an informant
10witness, as defined in Section 115-21 of the Code of Criminal
11Procedure of 1963, concerning the confession or admission of
12the defendant or that the sole evidence against the defendant
13is a single eyewitness or single accomplice without any other
14corroborating evidence. If the court decertifies the case as a
15capital case under either of the grounds set forth above, the
16court shall issue a written finding. The State may pursue its
17right to appeal the decertification pursuant to Supreme Court
18Rule 604(a)(1). If the court does not decertify the case as a
19capital case, the matter shall proceed to the eligibility
20phase of the sentencing hearing.
21    (i) Appellate Procedure.
22    The conviction and sentence of the penalty for a capital
23offense death shall be subject to automatic review by the
24Supreme Court. Such review shall be in accordance with rules
25promulgated by the Supreme Court. The Illinois Supreme Court
26may overturn the penalty for a capital offense death sentence,

 

 

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1and order the imposition of imprisonment under Chapter V of
2the Unified Code of Corrections if the court finds that the
3penalty for a capital offense death sentence is fundamentally
4unjust as applied to the particular case. If the Illinois
5Supreme Court finds that the penalty for a capital offense
6death sentence is fundamentally unjust as applied to the
7particular case, independent of any procedural grounds for
8relief, the Illinois Supreme Court shall issue a written
9opinion explaining this finding.
10    (j) Disposition of reversed capital death sentence.
11    In the event that the death penalty for a capital offense
12in this Act is held to be unconstitutional by the Supreme Court
13of the United States or of the State of Illinois, any person
14convicted of first degree murder shall be sentenced by the
15court to a term of imprisonment under Chapter V of the Unified
16Code of Corrections.
17    In the event that any death sentence for a capital offense
18pursuant to the sentencing provisions of this Section is
19declared unconstitutional by the Supreme Court of the United
20States or of the State of Illinois, the court having
21jurisdiction over a person previously sentenced to the penalty
22for a capital offense death shall cause the defendant to be
23brought before the court, and the court shall sentence the
24defendant to a term of imprisonment under Chapter V of the
25Unified Code of Corrections.
26    (k) Guidelines for seeking the death penalty for a capital

 

 

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1offense.
2    The Attorney General and State's Attorneys Association
3shall consult on voluntary guidelines for procedures governing
4whether or not to seek the death penalty for a capital offense.
5The guidelines do not have the force of law and are only
6advisory in nature.
7(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
8100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.
97-1-21.)
 
10    Section 115. The Code of Criminal Procedure of 1963 is
11amended 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
14be allowed counsel before pleading to the charge. If the
15defendant desires counsel and has been unable to obtain same
16before arraignment the court shall recess court or continue
17the cause for a reasonable time to permit defendant to obtain
18counsel and consult with him before pleading to the charge. If
19the accused is a dissolved corporation, and is not represented
20by counsel, the court may, in the interest of justice, appoint
21as counsel a licensed attorney of this State.
22    (b) In all cases, except where the penalty is a fine only,
23if the court determines that the defendant is indigent and
24desires counsel, the Public Defender shall be appointed as

 

 

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1counsel. If there is no Public Defender in the county or if the
2defendant requests counsel other than the Public Defender and
3the court finds that the rights of the defendant will be
4prejudiced by the appointment of the Public Defender, the
5court shall appoint as counsel a licensed attorney at law of
6this State, except that in a county having a population of
72,000,000 or more the Public Defender shall be appointed as
8counsel in all misdemeanor cases where the defendant is
9indigent and desires counsel unless the case involves multiple
10defendants, in which case the court may appoint counsel other
11than the Public Defender for the additional defendants. The
12court shall require an affidavit signed by any defendant who
13requests court-appointed counsel. Such affidavit shall be in
14the form established by the Supreme Court containing
15sufficient information to ascertain the assets and liabilities
16of that defendant. The Court may direct the Clerk of the
17Circuit Court to assist the defendant in the completion of the
18affidavit. Any person who knowingly files such affidavit
19containing false information concerning his assets and
20liabilities shall be liable to the county where the case, in
21which such false affidavit is filed, is pending for the
22reasonable value of the services rendered by the public
23defender or other court-appointed counsel in the case to the
24extent that such services were unjustly or falsely procured.
25    (c) Upon the filing with the court of a verified statement
26of services rendered the court shall order the county

 

 

HB1493- 49 -LRB103 04370 RLC 49376 b

1treasurer of the county of trial to pay counsel other than the
2Public Defender a reasonable fee. The court shall consider all
3relevant circumstances, including but not limited to the time
4spent while court is in session, other time spent in
5representing the defendant, and expenses reasonably incurred
6by counsel. In counties with a population greater than
72,000,000, the court shall order the county treasurer of the
8county of trial to pay counsel other than the Public Defender a
9reasonable fee stated in the order and based upon a rate of
10compensation of not more than $40 for each hour spent while
11court is in session and not more than $30 for each hour
12otherwise spent representing a defendant, and such
13compensation shall not exceed $150 for each defendant
14represented in misdemeanor cases and $1250 in felony cases, in
15addition to expenses reasonably incurred as hereinafter in
16this Section provided, except that, in extraordinary
17circumstances, payment in excess of the limits herein stated
18may be made if the trial court certifies that such payment is
19necessary to provide fair compensation for protracted
20representation. A trial court may entertain the filing of this
21verified statement before the termination of the cause, and
22may order the provisional payment of sums during the pendency
23of the cause.
24    (d) In capital cases, in addition to counsel, if the court
25determines that the defendant is indigent the court may, upon
26the filing with the court of a verified statement of services

 

 

HB1493- 50 -LRB103 04370 RLC 49376 b

1rendered, order the county Treasurer of the county of trial to
2pay necessary expert witnesses for defendant reasonable
3compensation stated in the order not to exceed $250 for each
4defendant.
5    (e) If the court in any county having a population greater
6than 2,000,000 determines that the defendant is indigent the
7court may, upon the filing with the court of a verified
8statement of such expenses, order the county treasurer of the
9county of trial, in such counties having a population greater
10than 2,000,000 to pay the general expenses of the trial
11incurred by the defendant not to exceed $50 for each
12defendant.
13    (f) The provisions of this Section relating to appointment
14of counsel, compensation of counsel, and payment of expenses
15in capital cases apply except when the compensation and
16expenses are being provided under the Capital Crimes
17Litigation 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;
21partially restored.
22    (a) Except as otherwise provided in this Section,
23beginning on July 1, 2011 (the effective date of Public Act
2496-1543) and Beginning on the effective date of this
25amendatory Act of the 96th General Assembly, notwithstanding

 

 

HB1493- 51 -LRB103 04370 RLC 49376 b

1any other law to the contrary, the death penalty for a capital
2offense is abolished and a sentence to the penalty for a
3capital offense death may not be imposed.
4    (a-5) Notwithstanding subsection (a), a defendant who at
5the time of the commission of the offense has attained the age
6of 18 or more years and who has been found guilty of first
7degree murder under subsection (b-1) of Section 9-1 of the
8Criminal Code of 2012 may be sentenced to the penalty for a
9capital offense.
10    (b) All unobligated and unexpended moneys remaining in the
11Capital Litigation Trust Fund on the effective date of this
12amendatory Act of the 96th General Assembly shall be
13transferred into the Death Penalty Abolition Fund on the
14effective date of this amendatory Act of the 103rd General
15Assembly shall be transferred into the Capital Litigation
16Trust Fund, together with any money the Death Penalty
17Abolition Fund may receive thereafter , a special fund in the
18State treasury, to be expended by the Illinois Criminal
19Justice Information Authority, for services for families of
20victims of homicide or murder and for training of law
21enforcement personnel.
22(Source: P.A. 96-1543, eff. 7-1-11.)
 
23    Section 120. The State Appellate Defender Act is amended
24by changing Section 10 as follows:
 

 

 

HB1493- 52 -LRB103 04370 RLC 49376 b

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
4persons on appeal in criminal and delinquent minor
5proceedings, when appointed to do so by a court under a Supreme
6Court Rule or law of this State.
7    (b) The State Appellate Defender shall submit a budget for
8the 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);

 

 

HB1493- 53 -LRB103 04370 RLC 49376 b

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,

 

 

HB1493- 54 -LRB103 04370 RLC 49376 b

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
7Unit and Capital Post Conviction Unit of the State Appellate
8Defender shall be authorized to inquire through the Illinois
9State Police or local law enforcement with the Law Enforcement
10Agencies Data System (LEADS) under Section 2605-375 of the
11Illinois State Police Law of the Civil Administrative Code of
12Illinois to ascertain whether their potential witnesses have a
13criminal background, including, but not limited to: (i)
14warrants; (ii) arrests; (iii) convictions; and (iv) officer
15safety information. This authorization applies only to
16information held on the State level and shall be used only to
17protect the personal safety of the investigators. Any
18information that is obtained through this inquiry may not be
19disclosed by the investigators.
20    (c-5) For each State fiscal year, the State Appellate
21Defender shall request a direct appropriation from the Capital
22Litigation Trust Fund for expenses incurred by the State
23Appellate Defender in providing assistance to trial attorneys
24under paragraph (5.1) of subsection (c) of this Section and
25for expenses incurred by the State Appellate Defender in
26representing petitioners in capital cases in post-conviction

 

 

HB1493- 55 -LRB103 04370 RLC 49376 b

1proceedings under Article 122 of the Code of Criminal
2Procedure of 1963 and in relation to petitions filed under
3Section 2-1401 of the Code of Civil Procedure in relation to
4capital cases and for the representation of those petitioners
5by attorneys approved by or contracted with the State
6Appellate Defender and an appropriation to the State Treasurer
7for payments from the Trust Fund for the defense of cases in
8counties other than Cook County. The State Appellate Defender
9may appear before the General Assembly at other times during
10the State's fiscal year to request supplemental appropriations
11from the Trust Fund to the State Treasurer.
12    (d) (Blank).
13    (e) The requirement for reporting to the General Assembly
14shall be satisfied by filing copies of the report as required
15by Section 3.1 of the General Assembly Organization Act and
16filing such additional copies with the State Government Report
17Distribution Center for the General Assembly as is required
18under 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.)