093_HB1281eng

 
HB1281 Engrossed                     LRB093 04396 RLC 04446 b

 1        AN ACT in relation to criminal matters.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1. Short title. This Act  may  be  cited  as  the
 5    Capital Punishment Reform Study Committee Act.

 6        Section 2. Capital Punishment Reform Study Committee.
 7        (a)  There is created the Capital Punishment Reform Study
 8    Committee,   hereinafter   referred   to  as  the  Committee,
 9    consisting of 15 members appointed as follows:
10             (1)  Three members appointed by the President of the
11        Senate;
12             (2)  Two members appointed by the Minority Leader of
13        the Senate;
14             (3)  Three members appointed by the Speaker  of  the
15        House of  Representatives;
16             (4)  Two members appointed by the Minority Leader of
17        the House of   Representatives;
18             (5)  One member appointed by the Attorney General;
19             (6)  One member appointed by the Governor;
20             (7)  One member appointed by the Cook County State's
21        Attorney;
22             (8)  One  member appointed by the Office of the Cook
23        County Public  Defender; and
24             (9)  One member appointed by the Office of the State
25        Appellate Defender.
26        (b)  The Committee shall study the impact of the  various
27    reforms  to the capital punishment system enacted by the 93rd
28    General Assembly and annually report to the General  Assembly
29    on the effects of these reforms. Each report shall include:
30             (1)  The  impact  of  the  reforms  on  the issue of
31        uniformity and proportionality in the application of  the
 
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 1        death penalty including, but not limited to, the tracking
 2        of  data  related  to whether the reforms have eliminated
 3        the statistically significant differences  in  sentencing
 4        related  to  the  geographic location of the homicide and
 5        the race of the victim found by the Governor's Commission
 6        on Capital Punishment in its report issued on  April  15,
 7        2002.
 8             (2)  The  implementation  of  training  for  police,
 9        prosecutors, defense attorneys, and judges as recommended
10        by the Governor's Commission on Capital Punishment.
11             (3)  The  impact  of  the  various  reforms  on  the
12        quality of evidence used during capital prosecutions.
13             (4)  The   quality  of  representation  provided  by
14        defense counsel to defendants in capital prosecutions.
15             (5)  The impact of the various reforms on the  costs
16        associated  with  the      administration of the Illinois
17        capital punishment system.
18        (c)  The Committee shall  hold  hearings  on  a  periodic
19    basis  to  receive  testimony  from  the public regarding the
20    manner in which reforms have impacted the capital  punishment
21    system.
22        (d)  The  Committee  shall submit its final report to the
23    General Assembly no later than 5 years  after  the  effective
24    date of this Act.

25        Section  5. The Illinois Criminal Justice Information Act
26    is amended by adding Section 7.2 as follows:

27        (20 ILCS 3930/7.2 new)
28        Sec. 7.2. Custodial Interview Pilot Program.
29        (a)  Legislative  findings  and   intent.   The   General
30    Assembly  finds  that  technology  has  made  it  possible to
31    electronically record custodial interviews of suspects during
32    first degree  murder  investigations.  This  technology  will
 
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 1    protect  law enforcement agencies against claims of abuse and
 2    coercion by suspects while providing a  memorialized  account
 3    of  interviews  at  police stations. The technology will also
 4    provide a better means for courts to  review  confessions  of
 5    suspects  with direct evidence of demeanor, tone, manner, and
 6    content of statements. The General Assembly intends to create
 7    a Custodial Interview Pilot  Program  to  establish  4  pilot
 8    programs  at  police  stations  in the State of Illinois. For
 9    each program, video and audio experts shall install equipment
10    and  train  participating   law   enforcement   agencies   to
11    electronically   record   custodial   interviews   at   their
12    respective  police  stations.  Participating  law enforcement
13    agencies shall choose how to use the equipment in cooperation
14    with the local State's Attorney's office.  The  participating
15    law  enforcement agencies may choose to electronically record
16    interviews of suspects for offenses other than  first  degree
17    murder  if they adopt local protocols in cooperation with the
18    local State's Attorney's office.
19        (b)  Definitions. In this Section:
20             (1)  "Electronically record" means to memorialize by
21        video and audio electronic equipment.
22             (2)  "Custodial  interviews"  means  interviews   of
23        suspects  during  first  degree  murder investigations or
24        other investigations established by local protocol by law
25        enforcement authorities that take  place  at  the  police
26        station.
27        (c)  Custodial  Interview  Pilot  Program.  The Authority
28    shall,  subject  to  appropriation,  establish  a   Custodial
29    Interview  Pilot  Program  to  operate  4 custodial interview
30    pilot programs. The programs shall be established in a police
31    station in the County of Cook and in 3 other police  stations
32    geographically   distributed   throughout   the  State.  Each
33    participating law enforcement agency must:
34             (1)  Promulgate procedures for  recording  custodial
 
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 1        interviews   of   suspects  during  first  degree  murder
 2        investigations by video and audio means.
 3             (2)  Promulgate  procedures  for   maintaining   and
 4        storing video and audio recordings.
 5        (d)  Each  of  the  4  pilot  programs established by the
 6    Authority shall be in existence for  a  minimum  of  2  years
 7    after its establishment under this Act.
 8        (e)  Report.   No   later   than   one   year  after  the
 9    establishment of  pilot  programs  under  this  Section,  the
10    Authority must report to the General Assembly on the efficacy
11    of the Custodial Interview Pilot Program.
12        (f)  The  Authority shall adopt rules in cooperation with
13    the Illinois Department of State  Police  to  implement  this
14    Section.

15        Section  10.   The  Criminal  Code  of 1961 is amended by
16    changing Sections 9-1 and 14-3 as follows:

17        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
18        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
19    Exceptions - Separate Hearings - Proof - Findings - Appellate
20    procedures - Reversals.
21        (a)  A person who  kills  an  individual  without  lawful
22    justification  commits  first degree murder if, in performing
23    the acts which cause the death:
24             (1)  he either intends to kill or  do  great  bodily
25        harm  to  that  individual or another, or knows that such
26        acts will cause death to that individual or another; or
27             (2)  he  knows  that  such  acts  create  a   strong
28        probability  of  death  or  great  bodily  harm  to  that
29        individual or another; or
30             (3)  he  is  attempting  or  committing  a  forcible
31        felony other than second degree murder.
32        (b)  Aggravating Factors.  A defendant who at the time of
 
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 1    the  commission  of the offense has attained the age of 18 or
 2    more and who has been found guilty of first degree murder may
 3    be sentenced to death if:
 4             (1)  the murdered individual was a peace officer  or
 5        fireman  killed  in the course of performing his official
 6        duties,  to  prevent  the  performance  of  his  official
 7        duties, or in retaliation  for  performing  his  official
 8        duties,  and the defendant knew or should have known that
 9        the murdered individual was a peace officer  or  fireman;
10        or
11             (2)  the  murdered  individual was an employee of an
12        institution or facility of the Department of Corrections,
13        or any similar local correctional agency, killed  in  the
14        course  of performing his official duties, to prevent the
15        performance of his official duties, or in retaliation for
16        performing  his  official   duties,   or   the   murdered
17        individual  was an inmate at such institution or facility
18        and was killed on the grounds thereof,  or  the  murdered
19        individual  was  otherwise present in such institution or
20        facility with the knowledge and  approval  of  the  chief
21        administrative officer thereof; or
22             (3)  the  defendant  has been convicted of murdering
23        two or more individuals  under  subsection  (a)  of  this
24        Section  or  under any law of the United States or of any
25        state which is substantially similar to subsection (a) of
26        this Section regardless  of whether the  deaths  occurred
27        as  the  result  of the same act or of several related or
28        unrelated acts so long as the deaths were the  result  of
29        either  an  intent  to  kill  more  than one person or of
30        separate acts which the defendant knew would cause  death
31        or  create  a strong probability of death or great bodily
32        harm to the murdered individual or another; or
33             (4)  (Blank) the murdered individual was killed as a
34        result of the hijacking of an airplane, train, ship,  bus
 
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 1        or other public conveyance; or
 2             (5)  the  defendant committed the murder pursuant to
 3        a contract, agreement or understanding by which he was to
 4        receive  money  or  anything  of  value  in  return   for
 5        committing  the  murder or procured another to commit the
 6        murder for money or anything of value; or
 7             (6)  the  murdered  individual  was  killed  in  the
 8        course of another felony if:
 9                  (a)  the murdered individual:
10                       (i)  was actually killed by the defendant,
11                  or
12                       (ii)  received      physical      injuries
13                  personally   inflicted   by    the    defendant
14                  substantially  contemporaneously  with physical
15                  injuries caused by  one  or  more  persons  for
16                  whose   conduct   the   defendant   is  legally
17                  accountable under Section 5-2 of this Code, and
18                  the physical injuries inflicted by  either  the
19                  defendant  or  the  other person or persons for
20                  whose conduct he is legally accountable  caused
21                  the death of the murdered individual; and
22                  (b)  in  performing  the  acts which caused the
23             death of the murdered individual or  which  resulted
24             in  physical  injuries  personally  inflicted by the
25             defendant  on  the  murdered  individual  under  the
26             circumstances of subdivision  (ii)  of  subparagraph
27             (a)  of  paragraph  (6)  of  subsection  (b) of this
28             Section, the defendant acted with the intent to kill
29             the murdered individual or with the  knowledge  that
30             his  acts  created  a strong probability of death or
31             great bodily harm  to  the  murdered  individual  or
32             another; and
33                  (c)  the other felony was one of the following:
34             armed  robbery,  armed  violence, robbery, predatory
 
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 1             criminal  sexual  assault  of  a  child,  aggravated
 2             criminal  sexual  assault,  aggravated   kidnapping,
 3             aggravated  vehicular hijacking, forcible detention,
 4             arson,  aggravated   arson,   aggravated   stalking,
 5             burglary,   residential   burglary,  home  invasion,
 6             calculated criminal drug conspiracy  as  defined  in
 7             Section  405  of  the Illinois Controlled Substances
 8             Act, streetgang criminal drug conspiracy as  defined
 9             in   Section   405.2   of  the  Illinois  Controlled
10             Substances Act, or the attempt to commit any of  the
11             felonies listed in this subsection (c); or
12             (7)  the  murdered  individual was under 12 years of
13        age 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
16        to prevent the murdered  individual  from  testifying  or
17        participating    in   any   criminal   investigation   or
18        prosecution or giving material assistance to the State in
19        any investigation  or  prosecution,  either  against  the
20        defendant  or  another;  or  the  defendant committed the
21        murder because the murdered individual was a  witness  in
22        any  prosecution or gave material assistance to the State
23        in any investigation or prosecution, either  against  the
24        defendant or another; or
25             (9)  (Blank)  the  defendant,  while  committing  an
26        offense punishable under Sections 401, 401.1, 401.2, 405,
27        405.2,  407  or 407.1 or subsection (b) of Section 404 of
28        the Illinois Controlled Substances Act, or while  engaged
29        in  a  conspiracy or solicitation to commit such offense,
30        intentionally  killed   an   individual   or   counseled,
31        commanded,  induced,  procured  or caused the intentional
32        killing of the murdered individual; or
33             (10)  (Blank) the defendant was incarcerated  in  an
34        institution  or facility of the Department of Corrections
 
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 1        at the time  of  the  murder,  and  while  committing  an
 2        offense  punishable  as  a  felony under Illinois law, or
 3        while engaged in a conspiracy or solicitation  to  commit
 4        such  offense,  intentionally  killed  an  individual  or
 5        counseled,  commanded,  induced,  procured  or caused the
 6        intentional killing of the murdered individual; or
 7             (11)  the murder was committed in a cold, calculated
 8        and premeditated manner pursuant to a preconceived  plan,
 9        scheme  or design to take a human life by unlawful means,
10        and the conduct of the  defendant  created  a  reasonable
11        expectation  that the death of a human being would result
12        therefrom; or
13             (12)  the  murdered  individual  was  an   emergency
14        medical   technician   -   ambulance,  emergency  medical
15        technician - intermediate, emergency medical technician -
16        paramedic, ambulance driver, or other medical  assistance
17        or  first  aid  personnel,  employed by a municipality or
18        other  governmental  unit,  killed  in  the   course   of
19        performing   his   official   duties,   to   prevent  the
20        performance of his official duties, or in retaliation for
21        performing his official duties, and the defendant knew or
22        should have known that the  murdered  individual  was  an
23        emergency   medical  technician  -  ambulance,  emergency
24        medical  technician  -  intermediate,  emergency  medical
25        technician  -  paramedic,  ambulance  driver,  or   other
26        medical assistance or first aid personnel; or
27             (13)  (Blank)   the   defendant   was   a  principal
28        administrator,  organizer,  or  leader  of  a  calculated
29        criminal drug conspiracy  consisting  of  a  hierarchical
30        position  of  authority  superior  to  that  of all other
31        members of the conspiracy, and the  defendant  counseled,
32        commanded,  induced,  procured, or caused the intentional
33        killing of the murdered person; or
34             (14)  the murder was intentional  and  involved  the
 
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 1        infliction  of  torture.  For the purpose of this Section
 2        torture means the infliction of or subjection to  extreme
 3        physical  pain,  motivated  by  an  intent to increase or
 4        prolong the pain, suffering or agony of the victim; or
 5             (15)  (Blank) the murder was committed as  a  result
 6        of   the  intentional  discharge  of  a  firearm  by  the
 7        defendant from a motor vehicle and  the  victim  was  not
 8        present within the motor vehicle; or
 9             (16)  the murdered individual was 60 years of age or
10        older and the death resulted from exceptionally brutal or
11        heinous behavior indicative of wanton cruelty; or
12             (17)  the  murdered individual was a disabled person
13        and the defendant knew or  should  have  known  that  the
14        murdered  individual  was disabled.  For purposes of this
15        paragraph (17), "disabled  person"  means  a  person  who
16        suffers  from  a  permanent physical or mental impairment
17        resulting from disease, an injury, a functional disorder,
18        or  a  congenital  condition  that  renders  the   person
19        incapable  of  adequately  providing  for  his or her own
20        health or personal care; or
21             (18)  the murder was  committed  by  reason  of  any
22        person's activity as a community policing volunteer or to
23        prevent  any  person  from  engaging  in  activity  as  a
24        community policing volunteer; or
25             (19)  the  murdered  individual  was  subject  to an
26        order of protection and the murder  was  committed  by  a
27        person  against  whom  the  same  order of protection was
28        issued under the Illinois Domestic Violence Act of  1986;
29        or
30             (20)  the  murdered  individual  was  known  by  the
31        defendant to be a teacher or other person employed in any
32        school  and  the  teacher  or  other employee is upon the
33        grounds of a school or grounds adjacent to a  school,  or
34        is in any part of a building used for school purposes; or
 
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 1             (21)  the  murder  was committed by the defendant in
 2        connection  with  or  as  a  result  of  the  offense  of
 3        terrorism as defined in Section 29D-30 of this Code.
 4        For the purpose of this Section:
 5        "Participating   in   any   criminal   investigation   or
 6    prosecution" is intended to include those  appearing  in  the
 7    proceedings   in   any   capacity,   such  as  trial  judges,
 8    prosecutors, defense attorneys, investigators, witnesses,  or
 9    jurors.
10          (c)  Consideration   of   factors  in  Aggravation  and
11    Mitigation.
12        The court shall consider, or shall instruct the  jury  to
13    consider any aggravating and any mitigating factors which are
14    relevant to the imposition of the death penalty.  Aggravating
15    factors  may include but need not be limited to those factors
16    set forth in subsection (b). Mitigating factors  may  include
17    but need not be limited to the following:
18             (1)  the  defendant  has  no  significant history of
19        prior criminal activity;
20             (2)  the murder was committed  while  the  defendant
21        was  under  the  influence of extreme mental or emotional
22        disturbance, although not such as to constitute a defense
23        to prosecution;
24             (3)  the murdered individual was  a  participant  in
25        the  defendant's  homicidal  conduct  or consented to the
26        homicidal act;
27             (4)  the defendant acted  under  the  compulsion  of
28        threat  or  menace of the imminent infliction of death or
29        great bodily harm;
30             (5)  the defendant was not personally present during
31        commission of the act or acts causing death;.
32             (6)  the defendant's background includes  a  history
33        of extreme emotional or physical abuse;
34             (7)  the  defendant  suffers  from  a reduced mental
 
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 1        capacity.
 2        (d)  Separate sentencing hearing.
 3        Where requested by the State, the court shall  conduct  a
 4    separate  sentencing proceeding to determine the existence of
 5    factors set forth in  subsection  (b)  and  to  consider  any
 6    aggravating  or mitigating factors as indicated in subsection
 7    (c).  The proceeding shall be conducted:
 8             (1)  before the jury that determined the defendant's
 9        guilt; or
10             (2)  before a jury impanelled for the purpose of the
11        proceeding if:
12                  A.  the defendant was convicted upon a plea  of
13             guilty; or
14                  B.  the  defendant  was convicted after a trial
15             before the court sitting without a jury; or
16                  C.  the court for good cause  shown  discharges
17             the jury that determined the defendant's guilt; or
18             (3)  before  the court alone if the defendant waives
19        a jury for the separate proceeding.
20        (e)  Evidence and Argument.
21        During the proceeding any information relevant to any  of
22    the  factors  set forth in subsection (b) may be presented by
23    either the State or the defendant under the  rules  governing
24    the   admission   of   evidence   at  criminal  trials.   Any
25    information relevant to any additional aggravating factors or
26    any mitigating factors indicated in  subsection  (c)  may  be
27    presented  by  the  State  or  defendant  regardless  of  its
28    admissibility  under  the  rules  governing  the admission of
29    evidence at criminal trials.  The  State  and  the  defendant
30    shall  be  given  fair  opportunity  to rebut any information
31    received at the hearing.
32        (f)  Proof.
33        The burden of proof of establishing the existence of  any
34    of  the  factors  set forth in subsection (b) is on the State
 
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 1    and shall  not  be  satisfied  unless  established  beyond  a
 2    reasonable doubt.
 3        (g)  Procedure - Jury.
 4        If  at  the separate sentencing proceeding the jury finds
 5    that none of the factors set forth in subsection (b)  exists,
 6    the   court  shall  sentence  the  defendant  to  a  term  of
 7    imprisonment  under  Chapter  V  of  the  Unified   Code   of
 8    Corrections.   If  there  is  a unanimous finding by the jury
 9    that one or more of the factors set forth in  subsection  (b)
10    exist,  the  jury  shall  consider aggravating and mitigating
11    factors as  instructed  by  the  court  and  shall  determine
12    whether  the sentence of death shall be imposed.  If the jury
13    determines  unanimously,  after  weighing  the   factors   in
14    aggravation  and  mitigation,  that  death is the appropriate
15    sentence that there are no mitigating factors  sufficient  to
16    preclude  the  imposition  of  the death  sentence, the court
17    shall sentence the defendant to death.
18        If Unless the jury determines unanimously, after weighing
19    the factors in aggravation and mitigation, that death is  not
20    the  appropriate sentence, finds that there are no mitigating
21    factors sufficient to preclude the imposition  of  the  death
22    sentence  the court shall sentence the defendant to a term of
23    natural life imprisonment under Chapter V of the Unified Code
24    of Corrections.
25        (h)  Procedure - No Jury.
26        In a proceeding before the  court  alone,  if  the  court
27    finds  that  none  of  the  factors  found  in subsection (b)
28    exists, the court shall sentence the defendant to a  term  of
29    imprisonment   under  Chapter  V  of   the  Unified  Code  of
30    Corrections.
31        If the Court determines, after weighing  the  factors  in
32    aggravation  and  mitigation,  that  death is the appropriate
33    sentence that one  or  more  of  the  factors  set  forth  in
34    subsection   (b)   exists,   the  Court  shall  consider  any
 
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 1    aggravating and mitigating factors as indicated in subsection
 2    (c).  If the Court determines that there  are  no  mitigating
 3    factors  sufficient  to  preclude the imposition of the death
 4    sentence, the Court shall sentence the defendant to death.
 5        If Unless the court finds that there  are  no  mitigating
 6    factors sufficient to preclude the imposition of the sentence
 7    of  death  is  not  the appropriate sentence, the court shall
 8    sentence the defendant to a term of natural life imprisonment
 9    under Chapter V of the Unified Code of Corrections.
10        (i)  Appellate Procedure.
11        The conviction and sentence of death shall be subject  to
12    automatic  review by the Supreme Court.  Such review shall be
13    in accordance with rules promulgated by the Supreme Court.
14        (j)  Disposition of reversed death sentence.
15        In the event that the death penalty in this Act  is  held
16    to  be  unconstitutional  by  the Supreme Court of the United
17    States or of the State of Illinois, any person  convicted  of
18    first degree murder shall be sentenced by the court to a term
19    of  imprisonment  under  Chapter  V  of  the  Unified Code of
20    Corrections.
21        In the event that any  death  sentence  pursuant  to  the
22    sentencing   provisions   of   this   Section   is   declared
23    unconstitutional by the Supreme Court of the United States or
24    of  the State of Illinois, the court having jurisdiction over
25    a person  previously  sentenced  to  death  shall  cause  the
26    defendant to be brought before the court, and the court shall
27    sentence the  defendant  to  a  term  of  imprisonment  under
28    Chapter V of the Unified Code of Corrections.
29        (k)  Guidelines  for  seeking  the  death  penalty.   The
30    Attorney  General  and  States  Attorney's  Association shall
31    adopt voluntary guidelines on procedures for deciding whether
32    or not to seek the death penalty.  The guidelines do not have
33    the force of law and are only advisory in nature.
34    (Source: P.A. 91-357,  eff.  7-29-99;  91-434,  eff.  1-1-00;
 
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 1    92-854, eff. 12-5-02.)

 2        (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
 3        Sec.  14-3.   Exemptions.  The following activities shall
 4    be exempt from the provisions of this Article:
 5        (a)  Listening  to   radio,   wireless   and   television
 6    communications of any sort where the same are publicly made;
 7        (b)  Hearing  conversation when heard by employees of any
 8    common carrier by wire incidental to  the  normal  course  of
 9    their  employment  in the operation, maintenance or repair of
10    the equipment of such common carrier by wire so  long  as  no
11    information  obtained  thereby  is  used  or  divulged by the
12    hearer;
13        (c)  Any broadcast  by  radio,  television  or  otherwise
14    whether  it  be  a  broadcast  or recorded for the purpose of
15    later broadcasts of any  function  where  the  public  is  in
16    attendance  and the conversations are overheard incidental to
17    the main purpose for which such  broadcasts  are  then  being
18    made;
19        (d)  Recording or listening with the aid of any device to
20    any  emergency  communication  made  in  the normal course of
21    operations by any federal, state  or  local  law  enforcement
22    agency   or   institutions  dealing  in  emergency  services,
23    including, but not limited to, hospitals, clinics,  ambulance
24    services,   fire   fighting  agencies,  any  public  utility,
25    emergency repair facility, civilian defense establishment  or
26    military installation;
27        (e)  Recording the proceedings of any meeting required to
28    be open by the Open Meetings Act, as amended;
29        (f)  Recording or listening with the aid of any device to
30    incoming  telephone  calls  of phone lines publicly listed or
31    advertised  as  consumer  "hotlines"  by   manufacturers   or
32    retailers of food and drug products.  Such recordings must be
33    destroyed,  erased  or  turned  over to local law enforcement
 
HB1281 Engrossed            -15-     LRB093 04396 RLC 04446 b
 1    authorities within 24 hours from the time of  such  recording
 2    and shall not be otherwise disseminated.  Failure on the part
 3    of the individual or business operating any such recording or
 4    listening  device  to  comply  with  the requirements of this
 5    subsection shall eliminate any  civil  or  criminal  immunity
 6    conferred  upon  that individual or business by the operation
 7    of this Section;
 8        (g)  With prior notification to the State's  Attorney  of
 9    the  county  in  which it is to occur, recording or listening
10    with the aid of any device to any conversation  where  a  law
11    enforcement officer, or any person acting at the direction of
12    law  enforcement,  is  a  party  to  the conversation and has
13    consented  to  it  being  intercepted   or   recorded   under
14    circumstances  where  the  use of the device is necessary for
15    the protection of the law enforcement officer or  any  person
16    acting  at the direction of law enforcement, in the course of
17    an investigation of a forcible felony, a felony violation  of
18    the Illinois Controlled Substances Act, a felony violation of
19    the  Cannabis  Control  Act,  or  any "streetgang related" or
20    "gang-related" felony as  those  terms  are  defined  in  the
21    Illinois  Streetgang  Terrorism  Omnibus  Prevention Act. Any
22    recording or evidence derived as the result of this exemption
23    shall be inadmissible in any proceeding, criminal,  civil  or
24    administrative,  except (i) where a party to the conversation
25    suffers  great  bodily  injury  or  is  killed  during   such
26    conversation,  or  (ii)  when used as direct impeachment of a
27    witness concerning matters contained in the  interception  or
28    recording.   The  Director  of the Department of State Police
29    shall issue regulations as are necessary concerning  the  use
30    of   devices,  retention  of  tape  recordings,  and  reports
31    regarding their use;
32        (g-5)  With approval  of  the  State's  Attorney  of  the
33    county  in  which it is to occur, recording or listening with
34    the aid of  any  device  to  any  conversation  where  a  law
 
HB1281 Engrossed            -16-     LRB093 04396 RLC 04446 b
 1    enforcement officer, or any person acting at the direction of
 2    law  enforcement,  is  a  party  to  the conversation and has
 3    consented to it being intercepted or recorded in  the  course
 4    of  an investigation of any offense defined in Article 29D of
 5    this Code. In all such cases, an  application  for  an  order
 6    approving  the previous or continuing use of an eavesdropping
 7    device must be made within 48 hours of  the  commencement  of
 8    such  use.   In  the  absence  of  such an order, or upon its
 9    denial, any continuing use shall immediately  terminate.  The
10    Director  of  State Police shall issue rules as are necessary
11    concerning the use of devices, retention of tape  recordings,
12    and reports regarding their use.
13        Any  recording  or  evidence  obtained  or derived in the
14    course of an investigation of any offense defined in  Article
15    29D  of  this Code shall, upon motion of the State's Attorney
16    or Attorney General prosecuting any violation of Article 29D,
17    be reviewed in camera with notice to all parties  present  by
18    the  court presiding over the criminal case, and, if ruled by
19    the court to be relevant and otherwise admissible,  it  shall
20    be admissible at the trial of the criminal case.
21        This subsection (g-5) is inoperative on and after January
22    1,  2005.  No conversations recorded or monitored pursuant to
23    this subsection (g-5) shall be inadmissable in a court of law
24    by virtue of the repeal of this subsection (g-5)  on  January
25    1, 2005;.
26        (h)  Recordings   made   simultaneously   with   a  video
27    recording of an oral conversation between  a  peace  officer,
28    who  has  identified  his or her office, and a person stopped
29    for an investigation of an offense under the Illinois Vehicle
30    Code;
31        (i)  Recording of  a  conversation  made  by  or  at  the
32    request  of  a person, not a law enforcement officer or agent
33    of  a  law  enforcement  officer,  who  is  a  party  to  the
34    conversation, under reasonable suspicion that  another  party
 
HB1281 Engrossed            -17-     LRB093 04396 RLC 04446 b
 1    to the conversation is committing, is about to commit, or has
 2    committed  a  criminal offense against the person or a member
 3    of his or her immediate household, and  there  is  reason  to
 4    believe that evidence of the criminal offense may be obtained
 5    by the recording; and
 6        (j)  The  use  of a telephone monitoring device by either
 7    (1)  a  corporation  or  other  business  entity  engaged  in
 8    marketing or opinion research or (2) a corporation  or  other
 9    business entity engaged in telephone solicitation, as defined
10    in  this  subsection,  to  record or listen to oral telephone
11    solicitation conversations or marketing or  opinion  research
12    conversations  by  an  employee  of  the corporation or other
13    business entity when:
14             (i)  the monitoring  is  used  for  the  purpose  of
15        service  quality control of marketing or opinion research
16        or telephone solicitation, the education or  training  of
17        employees  or contractors engaged in marketing or opinion
18        research or telephone solicitation, or internal  research
19        related  to  marketing  or  opinion research or telephone
20        solicitation; and
21             (ii)  the monitoring is used with the consent of  at
22        least  one person who is an active party to the marketing
23        or   opinion   research   conversation    or    telephone
24        solicitation conversation being monitored.
25        No communication or conversation or any part, portion, or
26    aspect  of  the communication or conversation made, acquired,
27    or obtained, directly or  indirectly,  under  this  exemption
28    (j),  may  be,  directly  or indirectly, furnished to any law
29    enforcement officer, agency, or official for any  purpose  or
30    used  in  any  inquiry or investigation, or used, directly or
31    indirectly,  in  any  administrative,  judicial,   or   other
32    proceeding, or divulged to any third party.
33        When recording or listening authorized by this subsection
34    (j) on telephone lines used for marketing or opinion research
 
HB1281 Engrossed            -18-     LRB093 04396 RLC 04446 b
 1    or  telephone  solicitation  purposes results in recording or
 2    listening to a conversation that does not relate to marketing
 3    or opinion research or  telephone  solicitation;  the  person
 4    recording  or  listening  shall, immediately upon determining
 5    that the conversation does not relate to marketing or opinion
 6    research or telephone solicitation, terminate  the  recording
 7    or  listening  and  destroy  any such recording as soon as is
 8    practicable.
 9        Business entities that  use  a  telephone  monitoring  or
10    telephone  recording  system  pursuant  to this exemption (j)
11    shall provide current and prospective employees  with  notice
12    that the monitoring or recordings may occur during the course
13    of  their  employment.   The  notice  shall include prominent
14    signage notification within the workplace.
15        Business entities that  use  a  telephone  monitoring  or
16    telephone  recording  system  pursuant  to this exemption (j)
17    shall provide  their  employees  or  agents  with  access  to
18    personal-only  telephone  lines  which may be pay telephones,
19    that are not subject to  telephone  monitoring  or  telephone
20    recording.
21        For  the  purposes  of  this  subsection  (j), "telephone
22    solicitation" means a communication  through  the  use  of  a
23    telephone by live operators:
24             (i)  soliciting the sale of goods or services;
25             (ii)  receiving  orders  for  the  sale  of goods or
26        services;
27             (iii)  assisting in the use of goods or services; or
28             (iv)  engaging in the solicitation,  administration,
29        or collection of bank or retail credit accounts.
30        For  the  purposes  of this subsection (j), "marketing or
31    opinion research"  means  a  marketing  or  opinion  research
32    interview  conducted  by a live telephone interviewer engaged
33    by a corporation or other  business  entity  whose  principal
34    business  is  the  design, conduct, and analysis of polls and
 
HB1281 Engrossed            -19-     LRB093 04396 RLC 04446 b
 1    surveys measuring the opinions, attitudes, and  responses  of
 2    respondents  toward  products  and  services,  or  social  or
 3    political issues, or both; and
 4        (k)  Recording  the  interview or statement of any person
 5    when the person knows that the interview is  being  conducted
 6    by  a law enforcement officer or prosecutor and the interview
 7    takes  place  at  a  police   station   that   is   currently
 8    participating   in  the  Custodial  Interview  Pilot  Program
 9    established under the Illinois Criminal  Justice  Information
10    Act.
11    (Source: P.A. 91-357, eff. 7-29-99; 92-854, eff. 12-5-02.)

12        Section  15.  The  Code  of Criminal Procedure of 1963 is
13    amended by changing Sections 116-3 and 122-2.1 and by  adding
14    Sections 113-8, 114-13.5, and 114-15 as follows:

15        (725 ILCS 5/113-8 new)
16        Sec.  113-8.  Notice  of intention to seek or decline the
17    death penalty.
18        The State's Attorney or Attorney  General  shall  provide
19    notice  of the State's intention to seek or decline the death
20    penalty by filing a Notice of Intent to Seek or  Decline  the
21    Death  Penalty  as soon as practicable. In no event shall the
22    filing  of  the  notice  be  later  than   120   days   after
23    arraignment,  unless, for good cause shown, the court directs
24    otherwise. A notice of intent to seek the death penalty shall
25    also  include  all  of  the  statutory  aggravating   factors
26    enumerated  in  subsection (b) of Section 9-1 of the Criminal
27    Code of 1961 that the State intends to introduce  during  the
28    death penalty sentencing hearing.

29        (725 ILCS 5/114-13.5 new)
30        Sec. 114-13.5.  Investigative reports. Any investigative,
31    law    enforcement,   or   other   agency   responsible   for
 
HB1281 Engrossed            -20-     LRB093 04396 RLC 04446 b
 1    investigating any  felony  offense  or  participating  in  an
 2    investigation  of  any  felony  offense,  other  than defense
 3    investigators, shall provide to the authority prosecuting the
 4    offense all investigative material, including but not limited
 5    to reports and memoranda that have been generated by or  have
 6    come   into   the  possession  of  the  investigating  agency
 7    concerning the offense being investigated. In  addition,  the
 8    investigating   agency   shall  provide  to  the  prosecuting
 9    authority any material or information within  its  possession
10    or control that would tend to negate the guilt of the accused
11    of  the  offense  charged or reduce his or her punishment for
12    the offense. Every investigative and law  enforcement  agency
13    in  this State shall adopt policies to ensure compliance with
14    these standards.

15        (725 ILCS 5/114-15 new)
16        Sec.  114-15.  Motion  for   genetic   marker   groupings
17    comparison analysis.
18        (a)  A  defendant  may  make  a  motion for a court order
19    before trial for comparison analysis  by  the  Department  of
20    State  Police  with those genetic marker groupings maintained
21    under subsection (f) of Section 5-4-3 of the Unified Code  of
22    Corrections  if  the  defendant  meets  all  of the following
23    requirements:
24             (1)  The defendant shows good cause.
25             (2)  The defendant is charged with any offense.
26             (3)  The defendant seeks for the Department of State
27        Police to identify genetic marker groupings from evidence
28        collected by criminal justice agencies  pursuant  to  the
29        alleged offense.
30             (4)  The  defendant  seeks  comparison  analysis  of
31        genetic   marker   groupings   of   the   evidence  under
32        subdivision (3) to those of the defendant,  to  those  of
33        other  forensic  evidence,  and to those maintained under
 
HB1281 Engrossed            -21-     LRB093 04396 RLC 04446 b
 1        subsection (f) of Section 5-4-3 of the  Unified  Code  of
 2        Corrections.
 3             (5)  Genetic   marker   grouping  analysis  must  be
 4        performed by a  laboratory  compliant  with  the  quality
 5        assurance  standards  required by the Department of State
 6        Police for genetic marker grouping analysis comparisons.
 7             (6)  Reasonable notice of the motion shall be served
 8        upon the State.
 9        (b)  The Department of State Police may promulgate  rules
10    for  the  types  of  comparisons  performed  and  the quality
11    assurance standards required for submission of genetic marker
12    groupings.  The provisions of the Administrative  Review  Law
13    shall   apply  to  all  actions  taken  under  the  rules  so
14    promulgated.

15        (725 ILCS 5/116-3)
16        Sec. 116-3.  Motion for fingerprint or  forensic  testing
17    not available at trial regarding actual innocence.
18        (a)  A defendant may make a motion before the trial court
19    that  entered  the  judgment of conviction in his or her case
20    for the performance of fingerprint or forensic  DNA  testing,
21    including  comparison analysis of genetic marker groupings of
22    the evidence collected by criminal justice agencies  pursuant
23    to  the  alleged offense, to those of the defendant, to those
24    of other forensic evidence, and  to  those  maintained  under
25    subsection  (f)  of  Section  5-4-3  of  the  Unified Code of
26    Corrections, on evidence that was secured in relation to  the
27    trial  which resulted in his or her conviction, but which was
28    not subject to the testing which is now requested because the
29    technology for the testing was not available at the  time  of
30    trial.   Reasonable notice of the motion shall be served upon
31    the State.
32        (b)  The defendant must present a prima facie case that:
33             (1)  identity was  the  issue  in  the  trial  which
 
HB1281 Engrossed            -22-     LRB093 04396 RLC 04446 b
 1        resulted in his or her conviction; and
 2             (2)  the evidence to be tested has been subject to a
 3        chain  of custody sufficient to establish that it has not
 4        been substituted, tampered with, replaced, or altered  in
 5        any material aspect.
 6        (c)  The  trial  court  shall  allow  the  testing  under
 7    reasonable   conditions   designed  to  protect  the  State's
 8    interests in the integrity of the evidence  and  the  testing
 9    process upon a determination that:
10             (1)  the  result  of  the testing has the scientific
11        potential  to   produce   new,   noncumulative   evidence
12        materially  relevant  to  the  defendant's  assertion  of
13        actual   innocence   that   significantly   advances  the
14        defendant's claim of innocence;
15             (2)  the  testing  requested  employs  a  scientific
16        method generally accepted within the relevant  scientific
17        community.
18    (Source: P.A. 90-141, eff. 1-1-98.)

19        (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
20        Sec.  122-2.1.  (a)  Within  90 days after the filing and
21    docketing of each petition,  the  court  shall  examine  such
22    petition and enter an order thereon pursuant to this Section.
23             (1)  If  the  petitioner  is under sentence of death
24        and is without counsel and alleges  that  he  is  without
25        means  to  procure counsel, he shall state whether or not
26        he wishes counsel to be appointed to represent him.    If
27        appointment  of  counsel is so requested, the court shall
28        appoint counsel if satisfied that the petitioner  has  no
29        means to procure counsel.
30             (2)  If  the petitioner is sentenced to imprisonment
31        and the court determines the petition is frivolous or  is
32        patently  without merit, it shall dismiss the petition in
33        a written order, specifying  the  findings  of  fact  and
 
HB1281 Engrossed            -23-     LRB093 04396 RLC 04446 b
 1        conclusions  of  law  it  made  in reaching its decision.
 2        Such order of dismissal is a final judgment and shall  be
 3        served  upon  the  petitioner by certified mail within 10
 4        days of its entry.
 5        (b)  If the petition is not dismissed  pursuant  to  this
 6    Section,  the  court  shall order the petition to be docketed
 7    for further consideration in accordance with  Sections  122-4
 8    through  122-6. If the petitioner is under sentence of death,
 9    the court shall order the petition to be docketed for further
10    consideration and hearing within one year of  the  filing  of
11    the petition.
12        (c)  In  considering a petition pursuant to this Section,
13    the court may examine the court file  of  the  proceeding  in
14    which  the  petitioner  was convicted, any action taken by an
15    appellate court in such proceeding  and  any  transcripts  of
16    such proceeding.
17    (Source: P.A. 86-655; 87-904.)

18        Section   20.   The  Capital  Crimes  Litigation  Act  is
19    amended by changing Sections 10, 15, and 19 as follows:

20        (725 ILCS 124/10)
21        (Section scheduled to be repealed on July 1, 2004)
22        Sec. 10.  Court appointed trial counsel; compensation and
23    expenses.
24        (a)  This   Section  applies  only  to  compensation  and
25    expenses of trial counsel appointed by the court as set forth
26    in Section 5, other than public  defenders,  for  the  period
27    after  arraignment  and  so  long as the State's Attorney has
28    not, at any time, filed a certificate indicating  he  or  she
29    will  not  seek  the death penalty or stated on the record in
30    open court that the death penalty will not be sought.
31        (b)  Appointed trial counsel shall  be  compensated  upon
32    presentment and certification by the circuit court of a claim
 
HB1281 Engrossed            -24-     LRB093 04396 RLC 04446 b
 1    for  services detailing the date, activity, and time duration
 2    for which compensation is sought. Compensation for  appointed
 3    trial  counsel may be paid at a reasonable rate not to exceed
 4    $125 per hour.
 5        Beginning in 2001, every January 20, the  statutory  rate
 6    prescribed   in   this   subsection  shall  be  automatically
 7    increased or decreased, as applicable, by a percentage  equal
 8    to the percentage change in the consumer price index-u during
 9    the   preceding   12-month  calendar  year.  "Consumer  price
10    index-u" means the index published by  the  Bureau  of  Labor
11    Statistics  of  the  United  States  Department of Labor that
12    measures the average change in prices of goods  and  services
13    purchased by all urban consumers, United States city average,
14    all  items,   1982-84=100.   The new rate resulting from each
15    annual adjustment shall be determined by the State  Treasurer
16    and  made  available  to  the  chief  judge  of each judicial
17    circuit. Payment in excess of the limitations stated in  this
18    subsection  (b) may be made if the trial court certifies that
19    such payment is necessary to provide  fair  compensation  for
20    representation  based  upon customary charges in the relevant
21    legal market for attorneys of similar skill, background,  and
22    experience.   A  trial court may entertain the filing of this
23    verified statement before the termination of  the  cause  and
24    may order the provisional payment of sums during the pendency
25    of the cause.
26        (c)  Appointed  trial counsel may also petition the court
27    for certification of expenses for  reasonable  and  necessary
28    capital  litigation  expenses  including, but not limited to,
29    investigatory and other  assistance,  expert,  forensic,  and
30    other  witnesses, and mitigation specialists. Counsel may not
31    petition for certification of expenses  that  may  have  been
32    provided or compensated by the State Appellate Defender under
33    item  (c)(5)  of  Section  10 of the State Appellate Defender
34    Act.
 
HB1281 Engrossed            -25-     LRB093 04396 RLC 04446 b
 1        (d)  Appointed trial counsel shall petition the court for
 2    certification of compensation and expenses under this Section
 3    periodically during the course of  counsel's  representation.
 4    If  the  court  determines that the compensation and expenses
 5    should be paid from the Capital Litigation  Trust  Fund,  the
 6    court   shall  certify,  on  a  form  created  by  the  State
 7    Treasurer, that all or a designated  portion  of  the  amount
 8    requested  is  reasonable,  necessary,  and  appropriate  for
 9    payment  from  the Trust Fund.  Certification of compensation
10    and expenses by a court in any county other than Cook  County
11    shall  be  delivered  by the court to the State Treasurer and
12    paid  by  the  State  Treasurer  directly  from  the  Capital
13    Litigation Trust Fund if there are sufficient moneys  in  the
14    Trust   Fund   to   pay   the   compensation   and  expenses.
15    Certification of compensation and expenses by a court in Cook
16    County  shall  be  delivered  by  the  court  to  the  county
17    treasurer and  paid  by  the  county  treasurer  from  moneys
18    granted to the county from the Capital Litigation Trust Fund.
19    (Source: P.A. 91-589, eff. 1-1-00.)

20        (725 ILCS 124/15)
21        (Section scheduled to be repealed on July 1, 2004)
22        Sec. 15.  Capital Litigation Trust Fund.
23        (a)  The  Capital  Litigation  Trust Fund is created as a
24    special fund in the State Treasury.  The Trust Fund shall  be
25    administered by the State Treasurer to provide moneys for the
26    appropriations   to  be  made,  grants  to  be  awarded,  and
27    compensation and expenses to be paid under  this  Act.    All
28    interest  earned  from  the  investment  or deposit of moneys
29    accumulated in the Trust Fund shall, under Section 4.1 of the
30    State Finance Act,  be deposited into the Trust Fund.
31        (b)  Moneys deposited into the Trust Fund  shall  not  be
32    considered general revenue of the State of Illinois.
33        (c)  Moneys  deposited  into the Trust Fund shall be used
 
HB1281 Engrossed            -26-     LRB093 04396 RLC 04446 b
 1    exclusively for the purposes of  providing  funding  for  the
 2    prosecution  and defense of capital cases as provided in this
 3    Act and shall not be appropriated, loaned, or in  any  manner
 4    transferred  to  the  General  Revenue  Fund  of the State of
 5    Illinois.
 6        (d)  Every fiscal year the State Treasurer shall transfer
 7    from the General Revenue Fund to the Capital Litigation Trust
 8    Fund  an  amount  equal  to  the  full   amount   of   moneys
 9    appropriated  by  the  General Assembly (both by original and
10    supplemental appropriation), less any unexpended balance from
11    the previous fiscal year, from the Capital  Litigation  Trust
12    Fund for the specific purpose of making funding available for
13    the  prosecution  and  defense  of capital cases.  The Public
14    Defender and State's  Attorney  in  Cook  County,  the  State
15    Appellate   Defender,   the   State's   Attorneys   Appellate
16    Prosecutor,  and  the  Attorney  General  shall  make  annual
17    requests for appropriations from the Trust Fund.
18             (1)  The   Public  Defender  in  Cook  County  shall
19        request  appropriations  to  the  State   Treasurer   for
20        expenses  incurred by the Public Defender and for funding
21        for private appointed defense counsel in Cook  County.
22             (2)  The  State's  Attorney  in  Cook  County  shall
23        request an  appropriation  to  the  State  Treasurer  for
24        expenses incurred by the State's Attorney.
25             (3)  The  State  Appellate  Defender shall request a
26        direct appropriation from the  Trust  Fund  for  expenses
27        incurred  by  the  State  Appellate Defender in providing
28        assistance  to  trial  attorneys  under  item  (c)(5)  of
29        Section 10 of the State Appellate  Defender  Act  and  an
30        appropriation  to  the  State Treasurer for payments from
31        the Trust Fund for the defense of cases in counties other
32        than Cook County.
33             (4)  The  State's  Attorneys  Appellate   Prosecutor
34        shall  request a direct appropriation from the Trust Fund
 
HB1281 Engrossed            -27-     LRB093 04396 RLC 04446 b
 1        to  pay  expenses  incurred  by  the  State's   Attorneys
 2        Appellate  Prosecutor  and  an appropriation to the State
 3        Treasurer for payments from the Trust Fund  for  expenses
 4        incurred by State's Attorneys in counties other than Cook
 5        County.
 6             (5)  The  Attorney  General  shall  request a direct
 7        appropriation  from  the  Trust  Fund  to  pay   expenses
 8        incurred by the Attorney General in assisting the State's
 9        Attorneys in counties other than Cook County.
10        The  Public Defender and State's Attorney in Cook County,
11    the State Appellate Defender, the State's Attorneys Appellate
12    Prosecutor,  and  the  Attorney  General  may  each   request
13    supplemental  appropriations  from  the Trust Fund during the
14    fiscal year.
15        (e)  Moneys in the Trust Fund shall be expended  only  as
16    follows:
17             (1)  To   pay   the   State   Treasurer's  costs  to
18        administer the Trust Fund.  The amount for  this  purpose
19        may  not  exceed  5% in any one fiscal year of the amount
20        otherwise appropriated from the Trust Fund  in  the  same
21        fiscal year.
22             (2)  To pay the capital litigation expenses of trial
23        defense  including, but not limited to, investigatory and
24        other assistance, expert, forensic, and other  witnesses,
25        and   mitigation   specialists,  including  forensic  DNA
26        testing under Section  116-3  of  the  Code  of  Criminal
27        Procedure  of 1963, and grants and aid provided to public
28        defenders  or  assistance  to  attorneys  who  have  been
29        appointed by the court to represent  defendants  who  are
30        charged with capital crimes.
31             (3)  To  pay  the  compensation  of trial attorneys,
32        other than public defenders, who have been  appointed  by
33        the  court  to  represent defendants who are charged with
34        capital crimes.
 
HB1281 Engrossed            -28-     LRB093 04396 RLC 04446 b
 1             (4)  To provide State's Attorneys with  funding  for
 2        capital  litigation  expenses  including, but not limited
 3        to,  investigatory  and  other  assistance  and   expert,
 4        forensic,  and  other  witnesses  necessary to  prosecute
 5        capital cases.  State's Attorneys  in  any  county  other
 6        than  Cook  County seeking funding for capital litigation
 7        expenses including, but not limited to, investigatory and
 8        other assistance and expert, forensic, or other witnesses
 9        under this Section may request that the State's Attorneys
10        Appellate Prosecutor or the Attorney General, as the case
11        may be, certify the expenses  as  reasonable,  necessary,
12        and  appropriate  for  payment  from the Trust Fund, on a
13        form created by the State Treasurer.  Upon  certification
14        of  the expenses and delivery of the certification to the
15        State Treasurer, the Treasurer  shall  pay  the  expenses
16        directly  from the Capital Litigation Trust Fund if there
17        are sufficient moneys  in  the  Trust  Fund  to  pay  the
18        expenses.
19             (5)  To   provide   financial  support  through  the
20        Attorney General pursuant to the Attorney General Act for
21        the several county  State's  Attorneys  outside  of  Cook
22        County,  but  shall not be used to increase personnel for
23        the Attorney General's Office.
24             (6)  To  provide  financial  support   through   the
25        State's  Attorneys  Appellate  Prosecutor pursuant to the
26        State's Attorneys  Appellate  Prosecutor's  Act  for  the
27        several  county State's Attorneys outside of Cook County,
28        but shall not be  used  to  increase  personnel  for  the
29        State's Attorneys Appellate Prosecutor.
30             (7)  To  provide  financial  support  to  the  State
31        Appellate   Defender  pursuant  to  the  State  Appellate
32        Defender Act.
33        Moneys expended from the Trust Fund shall be in  addition
34    to county funding for Public Defenders and State's Attorneys,
 
HB1281 Engrossed            -29-     LRB093 04396 RLC 04446 b
 1    and  shall  not  be  used  to supplant or reduce ordinary and
 2    customary county funding.
 3        (f)  Moneys in the Trust Fund shall  be  appropriated  to
 4    the State Appellate Defender, the State's Attorneys Appellate
 5    Prosecutor,  the  Attorney  General, and the State Treasurer.
 6    The State Appellate Defender shall receive  an  appropriation
 7    from  the  Trust  Fund  to enable it to provide assistance to
 8    appointed defense counsel throughout the State and to  Public
 9    Defenders in counties other than Cook.  The State's Attorneys
10    Appellate  Prosecutor  and the Attorney General shall receive
11    appropriations from the Trust Fund to enable them to  provide
12    assistance  to  State's Attorneys in counties other than Cook
13    County.  Moneys shall be appropriated to the State  Treasurer
14    to  enable  the  Treasurer (i) to make grants to Cook County,
15    (ii) to pay the expenses  of  Public  Defenders  and  State's
16    Attorneys  in  counties  other than Cook County, (iii) to pay
17    the expenses and compensation of appointed defense counsel in
18    counties other than Cook County, and (iv) to pay the costs of
19    administering the Trust Fund.  All  expenditures  and  grants
20    made  from  the  Trust  Fund shall be subject to audit by the
21    Auditor General.
22        (g)  For Cook County, grants from the Trust Fund shall be
23    made and administered as follows:
24             (1)  For  each  State  fiscal  year,   the   State's
25        Attorney  and  Public  Defender must each make a separate
26        application to the State Treasurer for capital litigation
27        grants.
28             (2)  The State Treasurer shall establish  rules  and
29        procedures  for  grant  applications.   The  rules  shall
30        require  the Cook County Treasurer as the grant recipient
31        to report on a periodic basis to the State Treasurer  how
32        much  of  the  grant  has  been expended, how much of the
33        grant is remaining, and the purposes for which the  grant
34        has  been  used.   The  rules  may  also require the Cook
 
HB1281 Engrossed            -30-     LRB093 04396 RLC 04446 b
 1        County Treasurer to certify  on  a  periodic  basis  that
 2        expenditures  of  the  funds  have been made for expenses
 3        that  are  reasonable,  necessary,  and  appropriate  for
 4        payment from the Trust Fund.
 5             (3)  The State Treasurer shall make  the  grants  to
 6        the  Cook  County Treasurer as soon as possible after the
 7        beginning of the State fiscal year.
 8             (4)  The State's Attorney  or  Public  Defender  may
 9        apply for supplemental grants during the fiscal year.
10             (5)  Grant  moneys  shall be paid to the Cook County
11        Treasurer in block grants and held in  separate  accounts
12        for  the State's Attorney, the Public Defender, and court
13        appointed defense counsel  other  than  the  Cook  County
14        Public  Defender, respectively, for the designated fiscal
15        year, and are not subject to county appropriation.
16             (6)  Expenditure  of   grant   moneys   under   this
17        subsection  (g)  is  subject  to  audit  by  the  Auditor
18        General.
19             (7)  The  Cook  County  Treasurer  shall immediately
20        make payment from the appropriate separate account in the
21        county treasury for capital litigation  expenses  to  the
22        State's  Attorney,  Public  Defender,  or court appointed
23        defense counsel other than the Public  Defender,  as  the
24        case  may  be, upon order of the State's Attorney, Public
25        Defender or the court, respectively.
26        (h)  If a defendant in a capital case in Cook  County  is
27    represented  by  court  appointed counsel other than the Cook
28    County Public Defender, the appointed counsel shall  petition
29    the court for an order directing the Cook County Treasurer to
30    pay  the  court  appointed counsel's reasonable and necessary
31    compensation  and  capital  litigation  expenses  from  grant
32    moneys provided from the Trust Fund. These petitions shall be
33    considered  in  camera.    Orders   denying   petitions   for
34    compensation  or expenses are final. Counsel may not petition
 
HB1281 Engrossed            -31-     LRB093 04396 RLC 04446 b
 1    for expenses that may have been provided  or  compensated  by
 2    the  State Appellate Defender under item (c)(5) of Section 10
 3    of the State Appellate Defender Act.
 4        (i)  In counties other than Cook  County,  and  excluding
 5    capital  litigation  expenses  or services that may have been
 6    provided by the State Appellate Defender under item (c)(5) of
 7    Section 10 of the State Appellate Defender Act:
 8             (1)  Upon certification by the circuit court,  on  a
 9        form  created  by  the  State  Treasurer,  that  all or a
10        portion of the expenses are  reasonable,  necessary,  and
11        appropriate  for  payment  from  the  Trust  Fund and the
12        court's delivery of the certification to  the  Treasurer,
13        the  Treasurer shall pay the certified expenses of Public
14        Defenders from the money appropriated  to  the  Treasurer
15        for  capital  litigation  expenses of Public Defenders in
16        any  county  other  than  Cook  County,  if   there   are
17        sufficient moneys in the Trust Fund to pay the expenses.
18             (2)  If a defendant in a capital case is represented
19        by   court   appointed  counsel  other  than  the  Public
20        Defender, the appointed counsel shall petition the  court
21        to  certify  compensation and capital litigation expenses
22        including, but not limited to,  investigatory  and  other
23        assistance,  expert,  forensic,  and other witnesses, and
24        mitigation  specialists  as  reasonable,  necessary,  and
25        appropriate  for  payment  from  the  Trust  Fund.   Upon
26        certification on a form created by the State Treasurer of
27        all  or  a  portion  of  the  compensation  and  expenses
28        certified as reasonable, necessary, and  appropriate  for
29        payment  from  the Trust Fund and the court's delivery of
30        the certification to the Treasurer, the  State  Treasurer
31        shall  pay  the  certified compensation and expenses from
32        the money appropriated to the Treasurer for that purpose,
33        if there are sufficient moneys in the Trust Fund to  make
34        those payments.
 
HB1281 Engrossed            -32-     LRB093 04396 RLC 04446 b
 1             (3)  A  petition  for  capital  litigation  expenses
 2        under  this  subsection  shall  be  considered in camera.
 3        Orders denying petitions for compensation or expenses are
 4        final.
 5        (j)  If the Trust Fund is discontinued or dissolved by an
 6    Act of the General Assembly  or  by  operation  of  law,  any
 7    balance  remaining in the Trust Fund shall be returned to the
 8    General Revenue Fund after deduction of administrative costs,
 9    any  other  provision   of   this   Act   to   the   contrary
10    notwithstanding.
11    (Source: P.A. 91-589, eff. 1-1-00.)

12        (725 ILCS 124/19)
13        (Section scheduled to be repealed on July 1, 2004)
14        Sec. 19.  Report; repeal.
15        (a)  The  Cook  County  Public  Defender, the Cook County
16    State's Attorney, the State Appellate Defender,  the  State's
17    Attorneys  Appellate  Prosecutor,  and  the  Attorney General
18    shall each report  separately  to  the  General  Assembly  by
19    January  1,  2004  detailing the amounts of money received by
20    them through this Act, the uses for which  those  funds  were
21    expended,  the  balances then in the Capital Litigation Trust
22    Fund  or county accounts, as the case may  be,  dedicated  to
23    them  for  the use and support of Public Defenders, appointed
24    trial defense counsel, and State's Attorneys, as the case may
25    be.  The report shall  describe  and  discuss  the  need  for
26    continued   funding   through   the   Fund  and  contain  any
27    suggestions for changes to this Act.
28        (b)  (Blank)  Unless  the   General   Assembly   provides
29    otherwise, this Act is repealed on July 1, 2004.
30    (Source: P.A. 91-589, eff. 1-1-00.)

31        Section   25.  The Unified Code of Corrections is amended
32    by changing Sections 3-3-13 and 5-4-3 as follows:
 
HB1281 Engrossed            -33-     LRB093 04396 RLC 04446 b
 1        (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
 2        Sec. 3-3-13.  Procedure for Executive Clemency.
 3        (a)  Petitions seeking pardon, commutation,  or  reprieve
 4    shall  be  addressed  to  the  Governor  and  filed  with the
 5    Prisoner Review Board.  The petition shall be in writing  and
 6    signed  by  the person under conviction or by a person on his
 7    behalf. It shall contain a brief history  of  the  case,  the
 8    reasons  for  seeking  executive clemency, and other relevant
 9    information the Board may require.
10        (a-5)  After a petition has been denied by the  Governor,
11    the  Board  may  not  accept  a repeat petition for executive
12    clemency for the same person until one full year has  elapsed
13    from  the  date of the denial.  The Chairman of the Board may
14    waive the one-year requirement if the  petitioner  offers  in
15    writing   new   information   that  was  unavailable  to  the
16    petitioner at the time of the filing of  the  prior  petition
17    and  which  the  Chairman  determines to be significant.  The
18    Chairman also may waive the one-year waiting  period  if  the
19    petitioner  can  show  that  a  change  in circumstances of a
20    compelling humanitarian nature has arisen since the denial of
21    the prior petition.
22        (b)  Notice of the proposed application shall be given by
23    the Board to the committing court and the state's attorney of
24    the county where the conviction was had.
25        (c)  The Board shall, if requested and upon  due  notice,
26    give  a  hearing to each application, allowing representation
27    by counsel, if desired, after which it  shall  confidentially
28    advise   the   Governor   by   a   written   report   of  its
29    recommendations which shall be determined by  majority  vote.
30    The  Board shall meet to consider such petitions no less than
31    4 times each year.
32        Application for executive clemency under this Section may
33    not be commenced on behalf of a person who has been sentenced
34    to death without the written consent of the defendant, unless
 
HB1281 Engrossed            -34-     LRB093 04396 RLC 04446 b
 1    the defendant, because of a mental or physical condition,  is
 2    incapable of asserting his or her own claim.
 3        All  petitions  for  executive  clemency  on  behalf of a
 4    person who is sentenced to  death  must  be  filed  with  the
 5    Prisoner  Review  Board within 30 days from the date that the
 6    Supreme Court has issued a final order setting the  execution
 7    date.  The  Governor  or  the Chairman of the Prisoner Review
 8    Board may waive the 30-day requirement if the petitioner  has
 9    just cause for not filing the petition within the appropriate
10    time limitations.
11        (d)  The  Governor  shall  decide  each  application  and
12    communicate  his decision to the Board which shall notify the
13    petitioner.
14        In the event a petitioner who has  been  convicted  of  a
15    Class  X  felony is granted a release, after the Governor has
16    communicated such decision to the Board, the Board shall give
17    written notice to the Sheriff of the county  from  which  the
18    offender  was  sentenced  if  such sheriff has requested that
19    such notice be given on a continuing basis.  In  cases  where
20    arrest  of the offender or the commission of the offense took
21    place in any municipality with  a  population  of  more  than
22    10,000  persons,  the Board shall also give written notice to
23    the proper law enforcement agency for said municipality which
24    has requested notice on a continuing basis.
25        (e)  Nothing in this Section shall be construed to  limit
26    the  power  of the Governor under the constitution to grant a
27    reprieve, commutation of sentence, or pardon.
28    (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)

29        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
30        Sec. 5-4-3.  Persons convicted of,  or  found  delinquent
31    for,   certain  offenses  or  institutionalized  as  sexually
32    dangerous; specimens; genetic marker groups.
33        (a)  Any person convicted  of,  found  guilty  under  the
 
HB1281 Engrossed            -35-     LRB093 04396 RLC 04446 b
 1    Juvenile Court Act of 1987 for, or who received a disposition
 2    of  court supervision for, a qualifying offense or attempt of
 3    a qualifying  offense,  convicted  or  found  guilty  of  any
 4    offense  classified  as  a  felony  under Illinois law, found
 5    guilty or given supervision for any offense classified  as  a
 6    felony   under   the   Juvenile   Court   Act   of  1987,  or
 7    institutionalized as a sexually dangerous  person  under  the
 8    Sexually  Dangerous  Persons  Act, or committed as a sexually
 9    violent person under the Sexually Violent Persons  Commitment
10    Act shall, regardless of the sentence or disposition imposed,
11    be  required  to submit specimens of blood, saliva, or tissue
12    to the Illinois Department of State Police in accordance with
13    the provisions of this Section, provided such person is:
14             (1)  convicted of a qualifying offense or attempt of
15        a qualifying  offense  on  or  after  July  1,  1990  the
16        effective  date  of  this  amendatory  Act  of  1989, and
17        sentenced   to   a   term   of   imprisonment,   periodic
18        imprisonment, fine, probation, conditional  discharge  or
19        any  other  form  of  sentence, or given a disposition of
20        court supervision for the offense;, or
21             (1.5)  found guilty or given supervision  under  the
22        Juvenile  Court  Act  of 1987 for a qualifying offense or
23        attempt of a qualifying offense on or  after  January  1,
24        1997;  the effective date of this amendatory Act of 1996,
25        or
26             (2)  ordered   institutionalized   as   a   sexually
27        dangerous person on or after July 1, 1990; the  effective
28        date of this amendatory Act of 1989, or
29             (3)  convicted of a qualifying offense or attempt of
30        a  qualifying  offense  before July 1, 1990 the effective
31        date of this amendatory Act  of  1989  and  is  presently
32        confined  as  a  result  of  such conviction in any State
33        correctional facility or  county  jail  or  is  presently
34        serving a sentence of probation, conditional discharge or
 
HB1281 Engrossed            -36-     LRB093 04396 RLC 04446 b
 1        periodic imprisonment as a result of such conviction;, or
 2             (3.5)  convicted  or  found  guilty  of  any offense
 3        classified as a felony under Illinois law or found guilty
 4        or given  supervision  for  such  an  offense  under  the
 5        Juvenile  Court  Act of 1987 on or after August 22, 2002;
 6        the effective date  of this amendatory Act  of  the  92nd
 7        General Assembly, or
 8             (4)  presently   institutionalized   as  a  sexually
 9        dangerous person  or  presently  institutionalized  as  a
10        person  found guilty but mentally ill of a sexual offense
11        or attempt to commit a sexual offense; or
12             (4.5)  ordered  committed  as  a  sexually   violent
13        person  on  or  after  the effective date of the Sexually
14        Violent Persons Commitment Act; or
15             (5)  seeking transfer to or  residency  in  Illinois
16        under  Sections 3-3-11.05 through 3-3-11.5 of the Unified
17        Code of Corrections and the Interstate Compact for  Adult
18        Offender  Supervision  or  the  Interstate  Agreements on
19        Sexually Dangerous Persons Act.
20        Notwithstanding other provisions  of  this  Section,  any
21    person  incarcerated in a facility of the Illinois Department
22    of Corrections on or after August 22, 2002 the effective date
23    of this amendatory Act of the 92nd General Assembly shall  be
24    required  to  submit  a  specimen of blood, saliva, or tissue
25    prior to his or her release on parole or mandatory supervised
26    release, as a condition of his or  her  parole  or  mandatory
27    supervised release.
28        (a-5)  Any  person  who  was  otherwise  convicted  of or
29    received a disposition of court  supervision  for  any  other
30    offense  under  the  Criminal  Code  of 1961 or who was found
31    guilty or given supervision for such a  violation  under  the
32    Juvenile  Court  Act of 1987, may, regardless of the sentence
33    imposed, be required by an  order  of  the  court  to  submit
34    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
 
HB1281 Engrossed            -37-     LRB093 04396 RLC 04446 b
 1    Department  of State Police in accordance with the provisions
 2    of this Section.
 3        (b)  Any person required by paragraphs (a)(1),  (a)(1.5),
 4    (a)(2),  (a)(3.5),  and  (a-5) to provide specimens of blood,
 5    saliva, or tissue shall provide specimens of  blood,  saliva,
 6    or tissue within 45 days after sentencing or disposition at a
 7    collection  site  designated  by  the  Illinois Department of
 8    State Police.
 9        (c)  Any person required by  paragraphs  (a)(3),  (a)(4),
10    and (a)(4.5) to provide specimens of blood, saliva, or tissue
11    shall  be  required  to  provide  such samples prior to final
12    discharge, parole, or release at a collection site designated
13    by the Illinois Department of State Police.
14        (c-5)  Any person required by paragraph (a)(5) to provide
15    specimens of blood, saliva, or tissue shall, where  feasible,
16    be  required  to  provide the specimens before being accepted
17    for conditioned residency in Illinois  under  the  interstate
18    compact or agreement, but no later than 45 days after arrival
19    in this State.
20        (c-6)  The   Illinois  Department  of  State  Police  may
21    determine which type of specimen or specimens, blood, saliva,
22    or tissue, is acceptable for submission to  the  Division  of
23    Forensic Services for analysis.
24        (d)  The   Illinois  Department  of  State  Police  shall
25    provide all equipment  and  instructions  necessary  for  the
26    collection of blood samples.  The collection of samples shall
27    be   performed  in  a  medically  approved  manner.   Only  a
28    physician authorized to practice medicine, a registered nurse
29    or  other  qualified  person  trained  in  venipuncture   may
30    withdraw  blood  for  the  purposes of this Act.  The samples
31    shall thereafter be forwarded to the Illinois  Department  of
32    State Police, Division of Forensic Services, for analysis and
33    categorizing into genetic marker groupings.
34        (d-1)  The  Illinois  Department  of  State  Police shall
 
HB1281 Engrossed            -38-     LRB093 04396 RLC 04446 b
 1    provide all equipment  and  instructions  necessary  for  the
 2    collection  of  saliva  samples.   The  collection  of saliva
 3    samples shall be performed in a  medically  approved  manner.
 4    Only  a person trained in the instructions promulgated by the
 5    Illinois State Police on collecting saliva may collect saliva
 6    for  the  purposes  of  this  Section.   The  samples   shall
 7    thereafter  be  forwarded to the Illinois Department of State
 8    Police, Division  of  Forensic  Services,  for  analysis  and
 9    categorizing into genetic marker groupings.
10        (d-2)  The  Illinois  Department  of  State  Police shall
11    provide all equipment  and  instructions  necessary  for  the
12    collection  of  tissue  samples.   The  collection  of tissue
13    samples shall be performed in a  medically  approved  manner.
14    Only  a person trained in the instructions promulgated by the
15    Illinois State Police on collecting tissue may collect tissue
16    for  the  purposes  of  this  Section.   The  samples   shall
17    thereafter  be  forwarded to the Illinois Department of State
18    Police, Division  of  Forensic  Services,  for  analysis  and
19    categorizing into genetic marker groupings.
20        (d-5)  To  the  extent  that  funds  are  available,  the
21    Illinois  Department  of  State  Police  shall  contract with
22    qualified  personnel  and  certified  laboratories  for   the
23    collection, analysis, and categorization of known samples.
24        (e)  The  genetic marker groupings shall be maintained by
25    the Illinois Department of State Police, Division of Forensic
26    Services.
27        (f)  The genetic  marker  grouping  analysis  information
28    obtained pursuant to this Act shall be confidential and shall
29    be  released  only to peace officers of the United States, of
30    other states or territories, of the  insular  possessions  of
31    the  United  States,  of foreign countries duly authorized to
32    receive the same, to all  peace  officers  of  the  State  of
33    Illinois  and to all prosecutorial agencies.  Notwithstanding
34    the limits on disclosure stated by this subsection  (f),  the
 
HB1281 Engrossed            -39-     LRB093 04396 RLC 04446 b
 1    genetic  marker  grouping analysis information obtained under
 2    this Act also may be released by court order  pursuant  to  a
 3    motion under Section 114-15 of the Code of Criminal Procedure
 4    of  1963  to  a  defendant  who meets all of the requirements
 5    under that Section.  The  genetic  marker  grouping  analysis
 6    information  obtained pursuant to this Act shall be used only
 7    for (i) valid law enforcement identification purposes and  as
 8    required   by   the   Federal  Bureau  of  Investigation  for
 9    participation in the National DNA database or (ii) technology
10    validation purposes.   Notwithstanding  any  other  statutory
11    provision  to  the  contrary,  all information obtained under
12    this Section shall be maintained in a single State data base,
13    which may be uploaded into a  national  database,  and  which
14    information  may  be subject to expungement only as set forth
15    in subsection (f-1).
16        (f-1)  Upon receipt of notification of a  reversal  of  a
17    conviction based on actual innocence, or of the granting of a
18    pardon  pursuant  to  Section 12 of Article V of the Illinois
19    Constitution, if that  pardon  document  specifically  states
20    that  the reason for the pardon is the actual innocence of an
21    individual whose DNA record has been stored in the  State  or
22    national  DNA  identification  index  in accordance with this
23    Section by the Illinois Department of State Police,  the  DNA
24    record  shall  be expunged from the DNA identification index,
25    and the Department shall  by  rule  prescribe  procedures  to
26    ensure  that  the  record and any samples, analyses, or other
27    documents relating to such record, whether in the  possession
28    of the Department or any law enforcement or police agency, or
29    any  forensic  DNA  laboratory,  including  any duplicates or
30    copies thereof, are destroyed and a letter  is  sent  to  the
31    court verifying the expungement is completed.
32        (f-5)  Any  person  who intentionally uses genetic marker
33    grouping  analysis  information,  or  any  other  information
34    derived from a DNA sample,  beyond  the  authorized  uses  as
 
HB1281 Engrossed            -40-     LRB093 04396 RLC 04446 b
 1    provided  under  this  Section, or any other Illinois law, is
 2    guilty of a Class 4 felony, and shall be subject to a fine of
 3    not less than $5,000.
 4        (g)  For  the  purposes  of  this  Section,   "qualifying
 5    offense" means any of the following:
 6             (1)  any  violation or inchoate violation of Section
 7        11-6, 11-9.1, 11-11, 11-18.1,  12-15,  or  12-16  of  the
 8        Criminal Code of 1961;, or
 9             (1.1)  any   violation   or  inchoate  violation  of
10        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
11        18-3, 18-4, 19-1, or 19-2 of the Criminal  Code  of  1961
12        for  which  persons  are  convicted  on  or after July 1,
13        2001;, or
14             (2)  any former statute of this State which  defined
15        a felony sexual offense;, or
16             (3)  (blank);, or
17             (4)  any   inchoate   violation  of  Section  9-3.1,
18        11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of  1961;,
19        or
20             (5)  any  violation or inchoate violation of Article
21        29D of the Criminal Code of 1961.
22        (g-5)  (Blank).
23        (h)  The Illinois Department of State Police shall be the
24    State central repository  for  all  genetic  marker  grouping
25    analysis  information  obtained  pursuant  to  this Act.  The
26    Illinois Department of State Police may promulgate rules  for
27    the  form  and  manner of the collection of blood, saliva, or
28    tissue samples and other procedures for the operation of this
29    Act.  The provisions of the Administrative Review  Law  shall
30    apply to all actions taken under the rules so promulgated.
31        (i)  A  person  required  to  provide a blood, saliva, or
32    tissue specimen shall cooperate with the  collection  of  the
33    specimen  and  any  deliberate act by that person intended to
34    impede, delay or stop the collection of the blood, saliva, or
 
HB1281 Engrossed            -41-     LRB093 04396 RLC 04446 b
 1    tissue specimen is a Class A misdemeanor.
 2        (j)  Any person required  by  subsection  (a)  to  submit
 3    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
 4    Department  of  State  Police for analysis and categorization
 5    into genetic  marker  grouping,  in  addition  to  any  other
 6    disposition,  penalty, or fine imposed, shall pay an analysis
 7    fee of $200.  If the analysis fee is not paid at the time  of
 8    sentencing, the court shall establish a fee schedule by which
 9    the  entire amount of the analysis fee shall be paid in full,
10    such schedule not to  exceed  24  months  from  the  time  of
11    conviction.  The inability to pay this analysis fee shall not
12    be the sole ground to incarcerate the person.
13        (k)  All analysis and categorization fees provided for by
14    subsection (j) shall be regulated as follows:
15             (1)  The  State  Offender  DNA Identification System
16        Fund is hereby created as a special  fund  in  the  State
17        Treasury.
18             (2)  All fees shall be collected by the clerk of the
19        court   and   forwarded   to   the   State  Offender  DNA
20        Identification System Fund for deposit.  The clerk of the
21        circuit court may retain the  amount  of  $10  from  each
22        collected  analysis  fee  to  offset administrative costs
23        incurred in carrying  out  the  clerk's  responsibilities
24        under this Section.
25             (3)  Fees  deposited  into  the  State  Offender DNA
26        Identification System Fund  shall  be  used  by  Illinois
27        State  Police  crime  laboratories  as  designated by the
28        Director of  State  Police.   These  funds  shall  be  in
29        addition  to  any  allocations  made pursuant to existing
30        laws and shall be designated for  the  exclusive  use  of
31        State  crime  laboratories.   These uses may include, but
32        are not limited to, the following:
33                  (A)  Costs incurred in providing  analysis  and
34             genetic   marker   categorization   as  required  by
 
HB1281 Engrossed            -42-     LRB093 04396 RLC 04446 b
 1             subsection (d).
 2                  (B)  Costs  incurred  in  maintaining   genetic
 3             marker groupings as required by subsection (e).
 4                  (C)  Costs   incurred   in   the  purchase  and
 5             maintenance  of  equipment  for  use  in  performing
 6             analyses.
 7                  (D)  Costs incurred in continuing research  and
 8             development  of  new  techniques  for  analysis  and
 9             genetic marker categorization.
10                  (E)  Costs  incurred  in  continuing education,
11             training, and professional development  of  forensic
12             scientists regularly employed by these laboratories.
13        (l)  The failure of a person to provide a specimen, or of
14    any person or agency to collect a specimen, within the 45 day
15    period  shall in no way alter the obligation of the person to
16    submit such  specimen,  or  the  authority  of  the  Illinois
17    Department  of  State  Police  or  persons  designated by the
18    Department to collect the specimen, or the authority  of  the
19    Illinois  Department  of  State Police to accept, analyze and
20    maintain the specimen or to maintain  or  upload  results  of
21    genetic  marker grouping analysis information into a State or
22    national database.
23    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
24    92-40, eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600,  eff.
25    6-28-02;  92-829, eff. 8-22-02; 92-854, eff. 12-5-02; revised
26    1-20-03.)

27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.