093_HB1281ham001

 










                                     LRB093 04396 RLC 12825 a

 1                    AMENDMENT TO HOUSE BILL 1281

 2        AMENDMENT NO.     .  Amend House Bill 1281  by  replacing
 3    the title with the following:

 4        "AN ACT in relation to criminal matters."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5. The Illinois Criminal Justice Information Act
 8    is amended by adding Section 7.2 as follows:

 9        (20 ILCS 3930/7.2 new)
10        Sec. 7.2. Custodial Interview Pilot Program.
11        (a)  Legislative  findings  and   intent.   The   General
12    Assembly  finds  that  technology  has  made  it  possible to
13    electronically record custodial interviews of suspects during
14    first degree  murder  investigations.  This  technology  will
15    protect  law enforcement agencies against claims of abuse and
16    coercion by suspects while providing a  memorialized  account
17    of  interviews  at  police stations. The technology will also
18    provide a better means for courts to  review  confessions  of
19    suspects  with direct evidence of demeanor, tone, manner, and
20    content of statements. The General Assembly intends to create
21    a Custodial Interview Pilot  Program  to  establish  4  pilot
 
                            -2-      LRB093 04396 RLC 12825 a
 1    programs  at  police  stations  in the State of Illinois. For
 2    each program, video and audio experts shall install equipment
 3    and  train  participating   law   enforcement   agencies   to
 4    electronically   record   custodial   interviews   at   their
 5    respective  police  stations.  Participating  law enforcement
 6    agencies shall choose how to use the equipment in cooperation
 7    with the local State's Attorney's office.  The  participating
 8    law  enforcement agencies may choose to electronically record
 9    interviews of suspects for offenses other than  first  degree
10    murder  if they adopt local protocols in cooperation with the
11    local State's Attorney's office.
12        (b)  Definitions. In this Section:
13             (1)  "Electronically record" means to memorialize by
14        video and audio electronic equipment.
15             (2)  "Custodial  interviews"  means  interviews   of
16        suspects  during  first  degree  murder investigations or
17        other investigations established by local protocol by law
18        enforcement authorities that take  place  at  the  police
19        station.
20        (c)  Custodial  Interview  Pilot  Program.  The Authority
21    shall,  subject  to  appropriation,  establish  a   Custodial
22    Interview  Pilot  Program  to  operate  4 custodial interview
23    pilot programs. The programs shall be established in a police
24    station in the County of Cook and in 3 other police  stations
25    geographically   distributed   throughout   the  State.  Each
26    participating law enforcement agency must:
27             (1)  Promulgate procedures for  recording  custodial
28        interviews   of   suspects  during  first  degree  murder
29        investigations by video and audio means.
30             (2)  Promulgate  procedures  for   maintaining   and
31        storing video and audio recordings.
32        (d)  Each  of  the  4  pilot  programs established by the
33    Authority shall be in existence for  a  minimum  of  2  years
34    after its establishment under this Act.
 
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 1        (e)  Report.   No   later   than   one   year  after  the
 2    establishment of  pilot  programs  under  this  Section,  the
 3    Authority must report to the General Assembly on the efficacy
 4    of the Custodial Interview Pilot Program.
 5        (f)  The  Authority shall adopt rules in cooperation with
 6    the Illinois Department of State  Police  to  implement  this
 7    Section.

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

10        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
11        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
12    Exceptions - Separate Hearings - Proof - Findings - Appellate
13    procedures - Reversals.
14        (a)  A person who  kills  an  individual  without  lawful
15    justification  commits  first degree murder if, in performing
16    the acts which cause the death:
17             (1)  he either intends to kill or  do  great  bodily
18        harm  to  that  individual or another, or knows that such
19        acts will cause death to that individual or another; or
20             (2)  he  knows  that  such  acts  create  a   strong
21        probability  of  death  or  great  bodily  harm  to  that
22        individual or another; or
23             (3)  he  is  attempting  or  committing  a  forcible
24        felony other than second degree murder.
25        (b)  Aggravating Factors.  A defendant who at the time of
26    the  commission  of the offense has attained the age of 18 or
27    more and who has been found guilty of first degree murder may
28    be sentenced to death if:
29             (1)  the murdered individual was a peace officer  or
30        fireman  killed  in the course of performing his official
31        duties,  to  prevent  the  performance  of  his  official
32        duties, or in retaliation  for  performing  his  official
 
                            -4-      LRB093 04396 RLC 12825 a
 1        duties,  and the defendant knew or should have known that
 2        the murdered individual was a peace officer  or  fireman;
 3        or
 4             (2)  the  murdered  individual was an employee of an
 5        institution or facility of the Department of Corrections,
 6        or any similar local correctional agency, killed  in  the
 7        course  of performing his official duties, to prevent the
 8        performance of his official duties, or in retaliation for
 9        performing  his  official   duties,   or   the   murdered
10        individual  was an inmate at such institution or facility
11        and was killed on the grounds thereof,  or  the  murdered
12        individual  was  otherwise present in such institution or
13        facility with the knowledge and  approval  of  the  chief
14        administrative officer thereof; or
15             (3)  the  defendant  has been convicted of murdering
16        two or more individuals  under  subsection  (a)  of  this
17        Section  or  under any law of the United States or of any
18        state which is substantially similar to subsection (a) of
19        this Section regardless  of whether the  deaths  occurred
20        as  the  result  of the same act or of several related or
21        unrelated acts so long as the deaths were the  result  of
22        either  an  intent  to  kill  more  than one person or of
23        separate acts which the defendant knew would cause  death
24        or  create  a strong probability of death or great bodily
25        harm to the murdered individual or another; or
26             (4)  (Blank) the murdered individual was killed as a
27        result of the hijacking of an airplane, train, ship,  bus
28        or other public conveyance; or
29             (5)  the  defendant committed the murder pursuant to
30        a contract, agreement or understanding by which he was to
31        receive  money  or  anything  of  value  in  return   for
32        committing  the  murder or procured another to commit the
33        murder for money or anything of value; or
34             (6)  the  murdered  individual  was  killed  in  the
 
                            -5-      LRB093 04396 RLC 12825 a
 1        course of another felony if:
 2                  (a)  the murdered individual:
 3                       (i)  was actually killed by the defendant,
 4                  or
 5                       (ii)  received      physical      injuries
 6                  personally   inflicted   by    the    defendant
 7                  substantially  contemporaneously  with physical
 8                  injuries caused by  one  or  more  persons  for
 9                  whose   conduct   the   defendant   is  legally
10                  accountable under Section 5-2 of this Code, and
11                  the physical injuries inflicted by  either  the
12                  defendant  or  the  other person or persons for
13                  whose conduct he is legally accountable  caused
14                  the death of the murdered individual; and
15                  (b)  in  performing  the  acts which caused the
16             death of the murdered individual or  which  resulted
17             in  physical  injuries  personally  inflicted by the
18             defendant  on  the  murdered  individual  under  the
19             circumstances of subdivision  (ii)  of  subparagraph
20             (a)  of  paragraph  (6)  of  subsection  (b) of this
21             Section, the defendant acted with the intent to kill
22             the murdered individual or with the  knowledge  that
23             his  acts  created  a strong probability of death or
24             great bodily harm  to  the  murdered  individual  or
25             another; and
26                  (c)  the other felony was one of the following:
27             armed  robbery,  armed  violence, robbery, predatory
28             criminal  sexual  assault  of  a  child,  aggravated
29             criminal  sexual  assault,  aggravated   kidnapping,
30             aggravated  vehicular hijacking, forcible detention,
31             arson,  aggravated   arson,   aggravated   stalking,
32             burglary,   residential   burglary,  home  invasion,
33             calculated criminal drug conspiracy  as  defined  in
34             Section  405  of  the Illinois Controlled Substances
 
                            -6-      LRB093 04396 RLC 12825 a
 1             Act, streetgang criminal drug conspiracy as  defined
 2             in   Section   405.2   of  the  Illinois  Controlled
 3             Substances Act, or the attempt to commit any of  the
 4             felonies listed in this subsection (c); or
 5             (7)  the  murdered  individual was under 12 years of
 6        age and the death resulted from exceptionally  brutal  or
 7        heinous behavior indicative of wanton cruelty; or
 8             (8)  the  defendant committed the murder with intent
 9        to prevent the murdered  individual  from  testifying  or
10        participating    in   any   criminal   investigation   or
11        prosecution or giving material assistance to the State in
12        any investigation  or  prosecution,  either  against  the
13        defendant  or  another;  or  the  defendant committed the
14        murder because the murdered individual was a  witness  in
15        any  prosecution or gave material assistance to the State
16        in any investigation or prosecution, either  against  the
17        defendant or another; or
18             (9)  (Blank)  the  defendant,  while  committing  an
19        offense punishable under Sections 401, 401.1, 401.2, 405,
20        405.2,  407  or 407.1 or subsection (b) of Section 404 of
21        the Illinois Controlled Substances Act, or while  engaged
22        in  a  conspiracy or solicitation to commit such offense,
23        intentionally  killed   an   individual   or   counseled,
24        commanded,  induced,  procured  or caused the intentional
25        killing of the murdered individual; or
26             (10)  (Blank) the defendant was incarcerated  in  an
27        institution  or facility of the Department of Corrections
28        at the time  of  the  murder,  and  while  committing  an
29        offense  punishable  as  a  felony under Illinois law, or
30        while engaged in a conspiracy or solicitation  to  commit
31        such  offense,  intentionally  killed  an  individual  or
32        counseled,  commanded,  induced,  procured  or caused the
33        intentional killing of the murdered individual; or
34             (11)  the murder was committed in a cold, calculated
 
                            -7-      LRB093 04396 RLC 12825 a
 1        and premeditated manner pursuant to a preconceived  plan,
 2        scheme  or design to take a human life by unlawful means,
 3        and the conduct of the  defendant  created  a  reasonable
 4        expectation  that the death of a human being would result
 5        therefrom; or
 6             (12)  the  murdered  individual  was  an   emergency
 7        medical   technician   -   ambulance,  emergency  medical
 8        technician - intermediate, emergency medical technician -
 9        paramedic, ambulance driver, or other medical  assistance
10        or  first  aid  personnel,  employed by a municipality or
11        other  governmental  unit,  killed  in  the   course   of
12        performing   his   official   duties,   to   prevent  the
13        performance of his official duties, or in retaliation for
14        performing his official duties, and the defendant knew or
15        should have known that the  murdered  individual  was  an
16        emergency   medical  technician  -  ambulance,  emergency
17        medical  technician  -  intermediate,  emergency  medical
18        technician  -  paramedic,  ambulance  driver,  or   other
19        medical assistance or first aid personnel; or
20             (13)  (Blank)   the   defendant   was   a  principal
21        administrator,  organizer,  or  leader  of  a  calculated
22        criminal drug conspiracy  consisting  of  a  hierarchical
23        position  of  authority  superior  to  that  of all other
24        members of the conspiracy, and the  defendant  counseled,
25        commanded,  induced,  procured, or caused the intentional
26        killing of the murdered person; or
27             (14)  the murder was intentional  and  involved  the
28        infliction  of  torture.  For the purpose of this Section
29        torture means the infliction of or subjection to  extreme
30        physical  pain,  motivated  by  an  intent to increase or
31        prolong the pain, suffering or agony of the victim; or
32             (15)  (Blank) the murder was committed as  a  result
33        of   the  intentional  discharge  of  a  firearm  by  the
34        defendant from a motor vehicle and  the  victim  was  not
 
                            -8-      LRB093 04396 RLC 12825 a
 1        present within the motor vehicle; or
 2             (16)  the murdered individual was 60 years of age or
 3        older and the death resulted from exceptionally brutal or
 4        heinous behavior indicative of wanton cruelty; or
 5             (17)  the  murdered individual was a disabled person
 6        and the defendant knew or  should  have  known  that  the
 7        murdered  individual  was disabled.  For purposes of this
 8        paragraph (17), "disabled  person"  means  a  person  who
 9        suffers  from  a  permanent physical or mental impairment
10        resulting from disease, an injury, a functional disorder,
11        or  a  congenital  condition  that  renders  the   person
12        incapable  of  adequately  providing  for  his or her own
13        health or personal care; or
14             (18)  the murder was  committed  by  reason  of  any
15        person's activity as a community policing volunteer or to
16        prevent  any  person  from  engaging  in  activity  as  a
17        community policing volunteer; or
18             (19)  the  murdered  individual  was  subject  to an
19        order of protection and the murder  was  committed  by  a
20        person  against  whom  the  same  order of protection was
21        issued under the Illinois Domestic Violence Act of  1986;
22        or
23             (20)  the  murdered  individual  was  known  by  the
24        defendant to be a teacher or other person employed in any
25        school  and  the  teacher  or  other employee is upon the
26        grounds of a school or grounds adjacent to a  school,  or
27        is in any part of a building used for school purposes; or
28             (21)  the  murder  was committed by the defendant in
29        connection  with  or  as  a  result  of  the  offense  of
30        terrorism as defined in Section 29D-30 of this Code.
31        For the purpose of this Section:
32        "Participating   in   any   criminal   investigation   or
33    prosecution" is intended to include those  appearing  in  the
34    proceedings   in   any   capacity,   such  as  trial  judges,
 
                            -9-      LRB093 04396 RLC 12825 a
 1    prosecutors, defense attorneys, investigators, witnesses,  or
 2    jurors.
 3          (c)  Consideration   of   factors  in  Aggravation  and
 4    Mitigation.
 5        The court shall consider, or shall instruct the  jury  to
 6    consider any aggravating and any mitigating factors which are
 7    relevant to the imposition of the death penalty.  Aggravating
 8    factors  may include but need not be limited to those factors
 9    set forth in subsection (b). Mitigating factors  may  include
10    but need not be limited to the following:
11             (1)  the  defendant  has  no  significant history of
12        prior criminal activity;
13             (2)  the murder was committed  while  the  defendant
14        was  under  the  influence of extreme mental or emotional
15        disturbance, although not such as to constitute a defense
16        to prosecution;
17             (3)  the murdered individual was  a  participant  in
18        the  defendant's  homicidal  conduct  or consented to the
19        homicidal act;
20             (4)  the defendant acted  under  the  compulsion  of
21        threat  or  menace of the imminent infliction of death or
22        great bodily harm;
23             (5)  the defendant was not personally present during
24        commission of the act or acts causing death;.
25             (6)  the defendant's background includes  a  history
26        of extreme emotional or physical abuse;
27             (7)  the  defendant  suffers  from  a reduced mental
28        capacity.
29        (d)  Separate sentencing hearing.
30        Where requested by the State, the court shall  conduct  a
31    separate  sentencing proceeding to determine the existence of
32    factors set forth in  subsection  (b)  and  to  consider  any
33    aggravating  or mitigating factors as indicated in subsection
34    (c).  The proceeding shall be conducted:
 
                            -10-     LRB093 04396 RLC 12825 a
 1             (1)  before the jury that determined the defendant's
 2        guilt; or
 3             (2)  before a jury impanelled for the purpose of the
 4        proceeding if:
 5                  A.  the defendant was convicted upon a plea  of
 6             guilty; or
 7                  B.  the  defendant  was convicted after a trial
 8             before the court sitting without a jury; or
 9                  C.  the court for good cause  shown  discharges
10             the jury that determined the defendant's guilt; or
11             (3)  before  the court alone if the defendant waives
12        a jury for the separate proceeding.
13        (e)  Evidence and Argument.
14        During the proceeding any information relevant to any  of
15    the  factors  set forth in subsection (b) may be presented by
16    either the State or the defendant under the  rules  governing
17    the   admission   of   evidence   at  criminal  trials.   Any
18    information relevant to any additional aggravating factors or
19    any mitigating factors indicated in  subsection  (c)  may  be
20    presented  by  the  State  or  defendant  regardless  of  its
21    admissibility  under  the  rules  governing  the admission of
22    evidence at criminal trials.  The  State  and  the  defendant
23    shall  be  given  fair  opportunity  to rebut any information
24    received at the hearing.
25        (f)  Proof.
26        The burden of proof of establishing the existence of  any
27    of  the  factors  set forth in subsection (b) is on the State
28    and shall  not  be  satisfied  unless  established  beyond  a
29    reasonable doubt.
30        (g)  Procedure - Jury.
31        If  at  the separate sentencing proceeding the jury finds
32    that none of the factors set forth in subsection (b)  exists,
33    the   court  shall  sentence  the  defendant  to  a  term  of
34    imprisonment  under  Chapter  V  of  the  Unified   Code   of
 
                            -11-     LRB093 04396 RLC 12825 a
 1    Corrections.   If  there  is  a unanimous finding by the jury
 2    that one or more of the factors set forth in  subsection  (b)
 3    exist,  the  jury  shall  consider aggravating and mitigating
 4    factors as  instructed  by  the  court  and  shall  determine
 5    whether  the sentence of death shall be imposed.  If the jury
 6    determines  unanimously,  after  weighing  the   factors   in
 7    aggravation  and  mitigation,  that  death is the appropriate
 8    sentence that there are no mitigating factors  sufficient  to
 9    preclude  the  imposition  of  the death  sentence, the court
10    shall sentence the defendant to death.
11        If Unless the jury determines unanimously, after weighing
12    the factors in aggravation and mitigation, that death is  not
13    the  appropriate sentence, finds that there are no mitigating
14    factors sufficient to preclude the imposition  of  the  death
15    sentence  the court shall sentence the defendant to a term of
16    natural life imprisonment under Chapter V of the Unified Code
17    of Corrections.
18        (h)  Procedure - No Jury.
19        In a proceeding before the  court  alone,  if  the  court
20    finds  that  none  of  the  factors  found  in subsection (b)
21    exists, the court shall sentence the defendant to a  term  of
22    imprisonment   under  Chapter  V  of   the  Unified  Code  of
23    Corrections.
24        If the Court determines, after weighing  the  factors  in
25    aggravation  and  mitigation,  that  death is the appropriate
26    sentence that one  or  more  of  the  factors  set  forth  in
27    subsection   (b)   exists,   the  Court  shall  consider  any
28    aggravating and mitigating factors as indicated in subsection
29    (c).  If the Court determines that there  are  no  mitigating
30    factors  sufficient  to  preclude the imposition of the death
31    sentence, the Court shall sentence the defendant to death.
32        If Unless the court finds that there  are  no  mitigating
33    factors sufficient to preclude the imposition of the sentence
34    of  death  is  not  the appropriate sentence, the court shall
 
                            -12-     LRB093 04396 RLC 12825 a
 1    sentence the defendant to a term of natural life imprisonment
 2    under Chapter V of the Unified Code of Corrections.
 3        (i)  Appellate Procedure.
 4        The conviction and sentence of death shall be subject  to
 5    automatic  review by the Supreme Court.  Such review shall be
 6    in accordance with rules promulgated by the Supreme Court.
 7        (j)  Disposition of reversed death sentence.
 8        In the event that the death penalty in this Act  is  held
 9    to  be  unconstitutional  by  the Supreme Court of the United
10    States or of the State of Illinois, any person  convicted  of
11    first degree murder shall be sentenced by the court to a term
12    of  imprisonment  under  Chapter  V  of  the  Unified Code of
13    Corrections.
14        In the event that any  death  sentence  pursuant  to  the
15    sentencing   provisions   of   this   Section   is   declared
16    unconstitutional by the Supreme Court of the United States or
17    of  the State of Illinois, the court having jurisdiction over
18    a person  previously  sentenced  to  death  shall  cause  the
19    defendant to be brought before the court, and the court shall
20    sentence the  defendant  to  a  term  of  imprisonment  under
21    Chapter V of the Unified Code of Corrections.
22        (k)  Guidelines  for  seeking  the  death  penalty.   The
23    Attorney  General  and  States  Attorney's  Association shall
24    adopt voluntary guidelines on procedures for deciding whether
25    or not to seek the death penalty.  The guidelines do not have
26    the force of law and are only advisory in nature.
27    (Source: P.A. 91-357,  eff.  7-29-99;  91-434,  eff.  1-1-00;
28    92-854, eff. 12-5-02.)

29        (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
30        Sec.  14-3.   Exemptions.  The following activities shall
31    be exempt from the provisions of this Article:
32        (a)  Listening  to   radio,   wireless   and   television
33    communications of any sort where the same are publicly made;
 
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 1        (b)  Hearing  conversation when heard by employees of any
 2    common carrier by wire incidental to  the  normal  course  of
 3    their  employment  in the operation, maintenance or repair of
 4    the equipment of such common carrier by wire so  long  as  no
 5    information  obtained  thereby  is  used  or  divulged by the
 6    hearer;
 7        (c)  Any broadcast  by  radio,  television  or  otherwise
 8    whether  it  be  a  broadcast  or recorded for the purpose of
 9    later broadcasts of any  function  where  the  public  is  in
10    attendance  and the conversations are overheard incidental to
11    the main purpose for which such  broadcasts  are  then  being
12    made;
13        (d)  Recording or listening with the aid of any device to
14    any  emergency  communication  made  in  the normal course of
15    operations by any federal, state  or  local  law  enforcement
16    agency   or   institutions  dealing  in  emergency  services,
17    including, but not limited to, hospitals, clinics,  ambulance
18    services,   fire   fighting  agencies,  any  public  utility,
19    emergency repair facility, civilian defense establishment  or
20    military installation;
21        (e)  Recording the proceedings of any meeting required to
22    be open by the Open Meetings Act, as amended;
23        (f)  Recording or listening with the aid of any device to
24    incoming  telephone  calls  of phone lines publicly listed or
25    advertised  as  consumer  "hotlines"  by   manufacturers   or
26    retailers of food and drug products.  Such recordings must be
27    destroyed,  erased  or  turned  over to local law enforcement
28    authorities within 24 hours from the time of  such  recording
29    and shall not be otherwise disseminated.  Failure on the part
30    of the individual or business operating any such recording or
31    listening  device  to  comply  with  the requirements of this
32    subsection shall eliminate any  civil  or  criminal  immunity
33    conferred  upon  that individual or business by the operation
34    of this Section;
 
                            -14-     LRB093 04396 RLC 12825 a
 1        (g)  With prior notification to the State's  Attorney  of
 2    the  county  in  which it is to occur, recording or listening
 3    with the aid of any device to any conversation  where  a  law
 4    enforcement officer, or any person acting at the direction of
 5    law  enforcement,  is  a  party  to  the conversation and has
 6    consented  to  it  being  intercepted   or   recorded   under
 7    circumstances  where  the  use of the device is necessary for
 8    the protection of the law enforcement officer or  any  person
 9    acting  at the direction of law enforcement, in the course of
10    an investigation of a forcible felony, a felony violation  of
11    the Illinois Controlled Substances Act, a felony violation of
12    the  Cannabis  Control  Act,  or  any "streetgang related" or
13    "gang-related" felony as  those  terms  are  defined  in  the
14    Illinois  Streetgang  Terrorism  Omnibus  Prevention Act. Any
15    recording or evidence derived as the result of this exemption
16    shall be inadmissible in any proceeding, criminal,  civil  or
17    administrative,  except (i) where a party to the conversation
18    suffers  great  bodily  injury  or  is  killed  during   such
19    conversation,  or  (ii)  when used as direct impeachment of a
20    witness concerning matters contained in the  interception  or
21    recording.   The  Director  of the Department of State Police
22    shall issue regulations as are necessary concerning  the  use
23    of   devices,  retention  of  tape  recordings,  and  reports
24    regarding their use;
25        (g-5)  With approval  of  the  State's  Attorney  of  the
26    county  in  which it is to occur, recording or listening with
27    the aid of  any  device  to  any  conversation  where  a  law
28    enforcement officer, or any person acting at the direction of
29    law  enforcement,  is  a  party  to  the conversation and has
30    consented to it being intercepted or recorded in  the  course
31    of  an investigation of any offense defined in Article 29D of
32    this Code. In all such cases, an  application  for  an  order
33    approving  the previous or continuing use of an eavesdropping
34    device must be made within 48 hours of  the  commencement  of
 
                            -15-     LRB093 04396 RLC 12825 a
 1    such  use.   In  the  absence  of  such an order, or upon its
 2    denial, any continuing use shall immediately  terminate.  The
 3    Director  of  State Police shall issue rules as are necessary
 4    concerning the use of devices, retention of tape  recordings,
 5    and reports regarding their use.
 6        Any  recording  or  evidence  obtained  or derived in the
 7    course of an investigation of any offense defined in  Article
 8    29D  of  this Code shall, upon motion of the State's Attorney
 9    or Attorney General prosecuting any violation of Article 29D,
10    be reviewed in camera with notice to all parties  present  by
11    the  court presiding over the criminal case, and, if ruled by
12    the court to be relevant and otherwise admissible,  it  shall
13    be admissible at the trial of the criminal case.
14        This subsection (g-5) is inoperative on and after January
15    1,  2005.  No conversations recorded or monitored pursuant to
16    this subsection (g-5) shall be inadmissable in a court of law
17    by virtue of the repeal of this subsection (g-5)  on  January
18    1, 2005;.
19        (h)  Recordings   made   simultaneously   with   a  video
20    recording of an oral conversation between  a  peace  officer,
21    who  has  identified  his or her office, and a person stopped
22    for an investigation of an offense under the Illinois Vehicle
23    Code;
24        (i)  Recording of  a  conversation  made  by  or  at  the
25    request  of  a person, not a law enforcement officer or agent
26    of  a  law  enforcement  officer,  who  is  a  party  to  the
27    conversation, under reasonable suspicion that  another  party
28    to the conversation is committing, is about to commit, or has
29    committed  a  criminal offense against the person or a member
30    of his or her immediate household, and  there  is  reason  to
31    believe that evidence of the criminal offense may be obtained
32    by the recording; and
33        (j)  The  use  of a telephone monitoring device by either
34    (1)  a  corporation  or  other  business  entity  engaged  in
 
                            -16-     LRB093 04396 RLC 12825 a
 1    marketing or opinion research or (2) a corporation  or  other
 2    business entity engaged in telephone solicitation, as defined
 3    in  this  subsection,  to  record or listen to oral telephone
 4    solicitation conversations or marketing or  opinion  research
 5    conversations  by  an  employee  of  the corporation or other
 6    business entity when:
 7             (i)  the monitoring  is  used  for  the  purpose  of
 8        service  quality control of marketing or opinion research
 9        or telephone solicitation, the education or  training  of
10        employees  or contractors engaged in marketing or opinion
11        research or telephone solicitation, or internal  research
12        related  to  marketing  or  opinion research or telephone
13        solicitation; and
14             (ii)  the monitoring is used with the consent of  at
15        least  one person who is an active party to the marketing
16        or   opinion   research   conversation    or    telephone
17        solicitation conversation being monitored.
18        No communication or conversation or any part, portion, or
19    aspect  of  the communication or conversation made, acquired,
20    or obtained, directly or  indirectly,  under  this  exemption
21    (j),  may  be,  directly  or indirectly, furnished to any law
22    enforcement officer, agency, or official for any  purpose  or
23    used  in  any  inquiry or investigation, or used, directly or
24    indirectly,  in  any  administrative,  judicial,   or   other
25    proceeding, or divulged to any third party.
26        When recording or listening authorized by this subsection
27    (j) on telephone lines used for marketing or opinion research
28    or  telephone  solicitation  purposes results in recording or
29    listening to a conversation that does not relate to marketing
30    or opinion research or  telephone  solicitation;  the  person
31    recording  or  listening  shall, immediately upon determining
32    that the conversation does not relate to marketing or opinion
33    research or telephone solicitation, terminate  the  recording
34    or  listening  and  destroy  any such recording as soon as is
 
                            -17-     LRB093 04396 RLC 12825 a
 1    practicable.
 2        Business entities that  use  a  telephone  monitoring  or
 3    telephone  recording  system  pursuant  to this exemption (j)
 4    shall provide current and prospective employees  with  notice
 5    that the monitoring or recordings may occur during the course
 6    of  their  employment.   The  notice  shall include prominent
 7    signage notification within the workplace.
 8        Business entities that  use  a  telephone  monitoring  or
 9    telephone  recording  system  pursuant  to this exemption (j)
10    shall provide  their  employees  or  agents  with  access  to
11    personal-only  telephone  lines  which may be pay telephones,
12    that are not subject to  telephone  monitoring  or  telephone
13    recording.
14        For  the  purposes  of  this  subsection  (j), "telephone
15    solicitation" means a communication  through  the  use  of  a
16    telephone by live operators:
17             (i)  soliciting the sale of goods or services;
18             (ii)  receiving  orders  for  the  sale  of goods or
19        services;
20             (iii)  assisting in the use of goods or services; or
21             (iv)  engaging in the solicitation,  administration,
22        or collection of bank or retail credit accounts.
23        For  the  purposes  of this subsection (j), "marketing or
24    opinion research"  means  a  marketing  or  opinion  research
25    interview  conducted  by a live telephone interviewer engaged
26    by a corporation or other  business  entity  whose  principal
27    business  is  the  design, conduct, and analysis of polls and
28    surveys measuring the opinions, attitudes, and  responses  of
29    respondents  toward  products  and  services,  or  social  or
30    political issues, or both; and
31        (k)  Recording  the  interview or statement of any person
32    when the person knows that the interview is  being  conducted
33    by  a law enforcement officer or prosecutor and the interview
34    takes  place  at  a  police   station   that   is   currently
 
                            -18-     LRB093 04396 RLC 12825 a
 1    participating   in  the  Custodial  Interview  Pilot  Program
 2    established under the Illinois Criminal  Justice  Information
 3    Act.
 4    (Source: P.A. 91-357, eff. 7-29-99; 92-854, eff. 12-5-02.)

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

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

22        (725 ILCS 5/114-13.5 new)
23        Sec.      114-13.5.  Investigative      reports.      Any
24    investigative, law enforcement, or other  agency  responsible
25    for  investigating  any felony offense or participating in an
26    investigation of  any  felony  offense,  other  than  defense
27    investigators, shall provide to the authority prosecuting the
28    offense all investigative material, including but not limited
29    to  reports and memoranda that have been generated by or have
30    come  into  the  possession  of  the   investigating   agency
31    concerning  the  offense being investigated. In addition, the
 
                            -19-     LRB093 04396 RLC 12825 a
 1    investigating  agency  shall  provide  to   the   prosecuting
 2    authority  any  material or information within its possession
 3    or control that would tend to negate the guilt of the accused
 4    of the offense charged or reduce his or  her  punishment  for
 5    the  offense.  Every investigative and law enforcement agency
 6    in this State shall adopt policies to ensure compliance  with
 7    these standards.

 8        (725 ILCS 5/114-15 new)
 9        Sec.   114-15.  Motion   for   genetic  marker  groupings
10    comparison analysis.
11        (a)  A defendant may make a  motion  for  a  court  order
12    before  trial  for  comparison  analysis by the Department of
13    State Police with those genetic marker  groupings  maintained
14    under  subsection (f) of Section 5-4-3 of the Unified Code of
15    Corrections if the  defendant  meets  all  of  the  following
16    requirements:
17             (1)  The defendant shows good cause.
18             (2)  The defendant is charged with any offense.
19             (3)  The defendant seeks for the Department of State
20        Police to identify genetic marker groupings from evidence
21        collected  by  criminal  justice agencies pursuant to the
22        alleged offense.
23             (4)  The  defendant  seeks  comparison  analysis  of
24        genetic  marker   groupings   of   the   evidence   under
25        subdivision  (3)  to  those of the defendant, to those of
26        other forensic evidence, and to  those  maintained  under
27        subsection  (f)  of  Section 5-4-3 of the Unified Code of
28        Corrections.
29             (5)  Genetic  marker  grouping  analysis   must   be
30        performed  by  a  laboratory  compliant  with the quality
31        assurance standards required by the Department  of  State
32        Police for genetic marker grouping analysis comparisons.
33             (6)  Reasonable notice of the motion shall be served
 
                            -20-     LRB093 04396 RLC 12825 a
 1        upon the State.
 2        (b)  The  Department of State Police may promulgate rules
 3    for the  types  of  comparisons  performed  and  the  quality
 4    assurance standards required for submission of genetic marker
 5    groupings.   The  provisions of the Administrative Review Law
 6    shall  apply  to  all  actions  taken  under  the  rules   so
 7    promulgated.

 8        (725 ILCS 5/116-3)
 9        Sec.  116-3.  Motion  for fingerprint or forensic testing
10    not available at trial regarding actual innocence.
11        (a)  A defendant may make a motion before the trial court
12    that entered the judgment of conviction in his  or  her  case
13    for  the  performance of fingerprint or forensic DNA testing,
14    including comparison analysis of genetic marker groupings  of
15    the  evidence collected by criminal justice agencies pursuant
16    to the alleged offense, to those of the defendant,  to  those
17    of  other  forensic  evidence,  and to those maintained under
18    subsection (f) of  Section  5-4-3  of  the  Unified  Code  of
19    Corrections,  on evidence that was secured in relation to the
20    trial which resulted in his or her conviction, but which  was
21    not subject to the testing which is now requested because the
22    technology  for  the testing was not available at the time of
23    trial.  Reasonable notice of the motion shall be served  upon
24    the State.
25        (b)  The defendant must present a prima facie case that:
26             (1)  identity  was  the  issue  in  the  trial which
27        resulted in his or her conviction; and
28             (2)  the evidence to be tested has been subject to a
29        chain of custody sufficient to establish that it has  not
30        been  substituted, tampered with, replaced, or altered in
31        any material aspect.
32        (c)  The  trial  court  shall  allow  the  testing  under
33    reasonable  conditions  designed  to  protect   the   State's
 
                            -21-     LRB093 04396 RLC 12825 a
 1    interests  in  the  integrity of the evidence and the testing
 2    process upon a determination that:
 3             (1)  the result of the testing  has  the  scientific
 4        potential   to   produce   new,   noncumulative  evidence
 5        materially  relevant  to  the  defendant's  assertion  of
 6        actual  innocence   that   significantly   advances   the
 7        defendant's claim of innocence;
 8             (2)  the  testing  requested  employs  a  scientific
 9        method  generally accepted within the relevant scientific
10        community.
11    (Source: P.A. 90-141, eff. 1-1-98.)

12        (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
13        Sec. 122-2.1. (a) Within 90 days  after  the  filing  and
14    docketing  of  each  petition,  the  court shall examine such
15    petition and enter an order thereon pursuant to this Section.
16             (1)  If the petitioner is under  sentence  of  death
17        and  is  without  counsel  and alleges that he is without
18        means to procure counsel, he shall state whether  or  not
19        he  wishes  counsel to be appointed to represent him.  If
20        appointment of counsel is so requested, the  court  shall
21        appoint  counsel  if satisfied that the petitioner has no
22        means to procure counsel.
23             (2)  If the petitioner is sentenced to  imprisonment
24        and  the court determines the petition is frivolous or is
25        patently without merit, it shall dismiss the petition  in
26        a  written  order,  specifying  the  findings of fact and
27        conclusions of law it  made  in  reaching  its  decision.
28        Such  order of dismissal is a final judgment and shall be
29        served upon the petitioner by certified  mail  within  10
30        days of its entry.
31        (b)  If  the  petition  is not dismissed pursuant to this
32    Section, the court shall order the petition  to  be  docketed
33    for  further  consideration in accordance with Sections 122-4
 
                            -22-     LRB093 04396 RLC 12825 a
 1    through 122-6. If the petitioner is under sentence of  death,
 2    the court shall order the petition to be docketed for further
 3    consideration  and  hearing  within one year of the filing of
 4    the petition.
 5        (c)  In considering a petition pursuant to this  Section,
 6    the  court  may  examine  the court file of the proceeding in
 7    which the petitioner was convicted, any action  taken  by  an
 8    appellate  court  in  such  proceeding and any transcripts of
 9    such proceeding.
10    (Source: P.A. 86-655; 87-904.)

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

13        (725 ILCS 124/10)
14        (Section scheduled to be repealed on July 1, 2004)
15        Sec. 10.  Court appointed trial counsel; compensation and
16    expenses.
17        (a)  This  Section  applies  only  to  compensation   and
18    expenses of trial counsel appointed by the court as set forth
19    in  Section  5,  other  than public defenders, for the period
20    after arraignment and so long as  the  State's  Attorney  has
21    not,  at  any  time, filed a certificate indicating he or she
22    will not seek the death penalty or stated on  the  record  in
23    open court that the death penalty will not be sought.
24        (b)  Appointed  trial  counsel  shall be compensated upon
25    presentment and certification by the circuit court of a claim
26    for services detailing the date, activity, and time  duration
27    for  which compensation is sought. Compensation for appointed
28    trial counsel may be paid at a reasonable rate not to  exceed
29    $125 per hour.
30        Beginning  in  2001, every January 20, the statutory rate
31    prescribed  in  this  subsection   shall   be   automatically
32    increased  or decreased, as applicable, by a percentage equal
 
                            -23-     LRB093 04396 RLC 12825 a
 1    to the percentage change in the consumer price index-u during
 2    the  preceding  12-month  calendar  year.   "Consumer   price
 3    index-u"  means  the  index  published by the Bureau of Labor
 4    Statistics of the United  States  Department  of  Labor  that
 5    measures  the  average change in prices of goods and services
 6    purchased by all urban consumers, United States city average,
 7    all items,  1982-84=100.  The new rate  resulting  from  each
 8    annual  adjustment shall be determined by the State Treasurer
 9    and made available  to  the  chief  judge  of  each  judicial
10    circuit.  Payment in excess of the limitations stated in this
11    subsection (b) may be made if the trial court certifies  that
12    such  payment  is  necessary to provide fair compensation for
13    representation based upon customary charges in  the  relevant
14    legal  market for attorneys of similar skill, background, and
15    experience.  A trial court may entertain the filing  of  this
16    verified  statement  before  the termination of the cause and
17    may order the provisional payment of sums during the pendency
18    of the cause.
19        (c)  Appointed trial counsel may also petition the  court
20    for  certification  of  expenses for reasonable and necessary
21    capital litigation expenses including, but  not  limited  to,
22    investigatory  and  other  assistance,  expert, forensic, and
23    other witnesses, and mitigation specialists. Counsel may  not
24    petition  for  certification  of  expenses that may have been
25    provided or compensated by the State Appellate Defender under
26    item (c)(5) of Section 10 of  the  State  Appellate  Defender
27    Act.
28        (d)  Appointed trial counsel shall petition the court for
29    certification of compensation and expenses under this Section
30    periodically  during  the course of counsel's representation.
31    If the court determines that the  compensation  and  expenses
32    should  be  paid  from the Capital Litigation Trust Fund, the
33    court  shall  certify,  on  a  form  created  by  the   State
34    Treasurer,  that  all  or  a designated portion of the amount
 
                            -24-     LRB093 04396 RLC 12825 a
 1    requested  is  reasonable,  necessary,  and  appropriate  for
 2    payment from the Trust Fund.  Certification  of  compensation
 3    and  expenses by a court in any county other than Cook County
 4    shall be delivered by the court to the  State  Treasurer  and
 5    paid  by  the  State  Treasurer  directly  from  the  Capital
 6    Litigation  Trust  Fund if there are sufficient moneys in the
 7    Trust  Fund   to   pay   the   compensation   and   expenses.
 8    Certification of compensation and expenses by a court in Cook
 9    County  shall  be  delivered  by  the  court  to  the  county
10    treasurer  and  paid  by  the  county  treasurer  from moneys
11    granted to the county from the Capital Litigation Trust Fund.
12    (Source: P.A. 91-589, eff. 1-1-00.)

13        (725 ILCS 124/15)
14        (Section scheduled to be repealed on July 1, 2004)
15        Sec. 15.  Capital Litigation Trust Fund.
16        (a)  The Capital Litigation Trust Fund is  created  as  a
17    special  fund in the State Treasury.  The Trust Fund shall be
18    administered by the State Treasurer to provide moneys for the
19    appropriations  to  be  made,  grants  to  be  awarded,   and
20    compensation  and  expenses  to  be paid under this Act.  All
21    interest earned from the  investment  or  deposit  of  moneys
22    accumulated in the Trust Fund shall, under Section 4.1 of the
23    State Finance Act,  be deposited into the Trust Fund.
24        (b)  Moneys  deposited  into  the Trust Fund shall not be
25    considered general revenue of the State of Illinois.
26        (c)  Moneys deposited into the Trust Fund shall  be  used
27    exclusively  for  the  purposes  of providing funding for the
28    prosecution and defense of capital cases as provided in  this
29    Act  and  shall not be appropriated, loaned, or in any manner
30    transferred to the General  Revenue  Fund  of  the  State  of
31    Illinois.
32        (d)  Every fiscal year the State Treasurer shall transfer
33    from the General Revenue Fund to the Capital Litigation Trust
 
                            -25-     LRB093 04396 RLC 12825 a
 1    Fund   an   amount   equal  to  the  full  amount  of  moneys
 2    appropriated by the General Assembly (both  by  original  and
 3    supplemental appropriation), less any unexpended balance from
 4    the  previous  fiscal year, from the Capital Litigation Trust
 5    Fund for the specific purpose of making funding available for
 6    the prosecution and defense of  capital  cases.   The  Public
 7    Defender  and  State's  Attorney  in  Cook  County, the State
 8    Appellate   Defender,   the   State's   Attorneys   Appellate
 9    Prosecutor,  and  the  Attorney  General  shall  make  annual
10    requests for appropriations from the Trust Fund.
11             (1)  The  Public  Defender  in  Cook  County   shall
12        request   appropriations   to  the  State  Treasurer  for
13        expenses incurred by the Public Defender and for  funding
14        for private appointed defense counsel in Cook  County.
15             (2)  The  State's  Attorney  in  Cook  County  shall
16        request  an  appropriation  to  the  State  Treasurer for
17        expenses incurred by the State's Attorney.
18             (3)  The State Appellate Defender  shall  request  a
19        direct  appropriation  from  the  Trust Fund for expenses
20        incurred by the State  Appellate  Defender  in  providing
21        assistance  to  trial  attorneys  under  item  (c)(5)  of
22        Section  10  of  the  State Appellate Defender Act and an
23        appropriation to the State Treasurer  for  payments  from
24        the Trust Fund for the defense of cases in counties other
25        than Cook County.
26             (4)  The   State's  Attorneys  Appellate  Prosecutor
27        shall request a direct appropriation from the Trust  Fund
28        to   pay  expenses  incurred  by  the  State's  Attorneys
29        Appellate Prosecutor and an appropriation  to  the  State
30        Treasurer  for  payments from the Trust Fund for expenses
31        incurred by State's Attorneys in counties other than Cook
32        County.
33             (5)  The Attorney General  shall  request  a  direct
34        appropriation   from  the  Trust  Fund  to  pay  expenses
 
                            -26-     LRB093 04396 RLC 12825 a
 1        incurred by the Attorney General in assisting the State's
 2        Attorneys in counties other than Cook County.
 3        The Public Defender and State's Attorney in Cook  County,
 4    the State Appellate Defender, the State's Attorneys Appellate
 5    Prosecutor,   and  the  Attorney  General  may  each  request
 6    supplemental appropriations from the Trust  Fund  during  the
 7    fiscal year.
 8        (e)  Moneys  in  the Trust Fund shall be expended only as
 9    follows:
10             (1)  To  pay  the   State   Treasurer's   costs   to
11        administer  the  Trust Fund.  The amount for this purpose
12        may not exceed 5% in any one fiscal year  of  the  amount
13        otherwise  appropriated  from  the Trust Fund in the same
14        fiscal year.
15             (2)  To pay the capital litigation expenses of trial
16        defense including, but not limited to, investigatory  and
17        other  assistance, expert, forensic, and other witnesses,
18        and  mitigation  specialists,  including   forensic   DNA
19        testing  under  Section  116-3  of  the  Code of Criminal
20        Procedure of 1963, and grants and aid provided to  public
21        defenders  or  assistance  to  attorneys  who  have  been
22        appointed  by  the  court to represent defendants who are
23        charged with capital crimes.
24             (3)  To pay the  compensation  of  trial  attorneys,
25        other  than  public defenders, who have been appointed by
26        the court to represent defendants who  are  charged  with
27        capital crimes.
28             (4)  To  provide  State's Attorneys with funding for
29        capital litigation expenses including,  but  not  limited
30        to,   investigatory  and  other  assistance  and  expert,
31        forensic, and other  witnesses  necessary  to   prosecute
32        capital  cases.    State's  Attorneys in any county other
33        than Cook County seeking funding for  capital  litigation
34        expenses including, but not limited to, investigatory and
 
                            -27-     LRB093 04396 RLC 12825 a
 1        other assistance and expert, forensic, or other witnesses
 2        under this Section may request that the State's Attorneys
 3        Appellate Prosecutor or the Attorney General, as the case
 4        may  be,  certify  the expenses as reasonable, necessary,
 5        and appropriate for payment from the  Trust  Fund,  on  a
 6        form  created by the State Treasurer.  Upon certification
 7        of the expenses and delivery of the certification to  the
 8        State  Treasurer,  the  Treasurer  shall pay the expenses
 9        directly from the Capital Litigation Trust Fund if  there
10        are  sufficient  moneys  in  the  Trust  Fund  to pay the
11        expenses.
12             (5)  To  provide  financial  support   through   the
13        Attorney General pursuant to the Attorney General Act for
14        the  several  county  State's  Attorneys  outside of Cook
15        County, but shall not be used to increase  personnel  for
16        the Attorney General's Office.
17             (6)  To   provide   financial  support  through  the
18        State's Attorneys Appellate Prosecutor  pursuant  to  the
19        State's  Attorneys  Appellate  Prosecutor's  Act  for the
20        several county State's Attorneys outside of Cook  County,
21        but  shall  not  be  used  to  increase personnel for the
22        State's Attorneys Appellate Prosecutor.
23             (7)  To  provide  financial  support  to  the  State
24        Appellate  Defender  pursuant  to  the  State   Appellate
25        Defender Act.
26        Moneys  expended from the Trust Fund shall be in addition
27    to county funding for Public Defenders and State's Attorneys,
28    and shall not be used to  supplant  or  reduce  ordinary  and
29    customary county funding.
30        (f)  Moneys  in  the  Trust Fund shall be appropriated to
31    the State Appellate Defender, the State's Attorneys Appellate
32    Prosecutor, the Attorney General, and  the  State  Treasurer.
33    The  State  Appellate Defender shall receive an appropriation
34    from the Trust Fund to enable it  to  provide  assistance  to
 
                            -28-     LRB093 04396 RLC 12825 a
 1    appointed  defense counsel throughout the State and to Public
 2    Defenders in counties other than Cook.  The State's Attorneys
 3    Appellate Prosecutor and the Attorney General  shall  receive
 4    appropriations  from the Trust Fund to enable them to provide
 5    assistance to State's Attorneys in counties other  than  Cook
 6    County.   Moneys shall be appropriated to the State Treasurer
 7    to enable the Treasurer (i) to make grants  to  Cook  County,
 8    (ii)  to  pay  the  expenses  of Public Defenders and State's
 9    Attorneys in counties other than Cook County,  (iii)  to  pay
10    the expenses and compensation of appointed defense counsel in
11    counties other than Cook County, and (iv) to pay the costs of
12    administering  the  Trust  Fund.  All expenditures and grants
13    made from the Trust Fund shall be subject  to  audit  by  the
14    Auditor General.
15        (g)  For Cook County, grants from the Trust Fund shall be
16    made and administered as follows:
17             (1)  For   each   State  fiscal  year,  the  State's
18        Attorney and Public Defender must each  make  a  separate
19        application to the State Treasurer for capital litigation
20        grants.
21             (2)  The  State  Treasurer shall establish rules and
22        procedures  for  grant  applications.   The  rules  shall
23        require the Cook County Treasurer as the grant  recipient
24        to  report on a periodic basis to the State Treasurer how
25        much of the grant has been  expended,  how  much  of  the
26        grant  is remaining, and the purposes for which the grant
27        has been used.  The  rules  may  also  require  the  Cook
28        County  Treasurer  to  certify  on  a periodic basis that
29        expenditures of the funds have  been  made  for  expenses
30        that  are  reasonable,  necessary,  and  appropriate  for
31        payment from the Trust Fund.
32             (3)  The  State  Treasurer  shall make the grants to
33        the Cook County Treasurer as soon as possible  after  the
34        beginning of the State fiscal year.
 
                            -29-     LRB093 04396 RLC 12825 a
 1             (4)  The  State's  Attorney  or  Public Defender may
 2        apply for supplemental grants during the fiscal year.
 3             (5)  Grant moneys shall be paid to the  Cook  County
 4        Treasurer  in  block grants and held in separate accounts
 5        for the State's Attorney, the Public Defender, and  court
 6        appointed  defense  counsel  other  than  the Cook County
 7        Public Defender, respectively, for the designated  fiscal
 8        year, and are not subject to county appropriation.
 9             (6)  Expenditure   of   grant   moneys   under  this
10        subsection  (g)  is  subject  to  audit  by  the  Auditor
11        General.
12             (7)  The Cook  County  Treasurer  shall  immediately
13        make payment from the appropriate separate account in the
14        county  treasury  for  capital litigation expenses to the
15        State's Attorney, Public  Defender,  or  court  appointed
16        defense  counsel  other  than the Public Defender, as the
17        case may be, upon order of the State's  Attorney,  Public
18        Defender or the court, respectively.
19        (h)  If  a  defendant in a capital case in Cook County is
20    represented by court appointed counsel other  than  the  Cook
21    County  Public Defender, the appointed counsel shall petition
22    the court for an order directing the Cook County Treasurer to
23    pay the court appointed counsel's  reasonable  and  necessary
24    compensation  and  capital  litigation  expenses  from  grant
25    moneys provided from the Trust Fund. These petitions shall be
26    considered   in   camera.    Orders   denying  petitions  for
27    compensation or expenses are final. Counsel may not  petition
28    for  expenses  that  may have been provided or compensated by
29    the State Appellate Defender under item (c)(5) of Section  10
30    of the State Appellate Defender Act.
31        (i)  In  counties  other  than Cook County, and excluding
32    capital litigation expenses or services that  may  have  been
33    provided by the State Appellate Defender under item (c)(5) of
34    Section 10 of the State Appellate Defender Act:
 
                            -30-     LRB093 04396 RLC 12825 a
 1             (1)  Upon  certification  by the circuit court, on a
 2        form created by  the  State  Treasurer,  that  all  or  a
 3        portion  of  the  expenses are reasonable, necessary, and
 4        appropriate for payment  from  the  Trust  Fund  and  the
 5        court's  delivery  of the certification to the Treasurer,
 6        the Treasurer shall pay the certified expenses of  Public
 7        Defenders  from  the  money appropriated to the Treasurer
 8        for capital litigation expenses of  Public  Defenders  in
 9        any   county   other  than  Cook  County,  if  there  are
10        sufficient moneys in the Trust Fund to pay the expenses.
11             (2)  If a defendant in a capital case is represented
12        by  court  appointed  counsel  other  than   the   Public
13        Defender,  the appointed counsel shall petition the court
14        to certify compensation and capital  litigation  expenses
15        including,  but  not  limited to, investigatory and other
16        assistance, expert, forensic, and  other  witnesses,  and
17        mitigation  specialists  as  reasonable,  necessary,  and
18        appropriate  for  payment  from  the  Trust  Fund.   Upon
19        certification on a form created by the State Treasurer of
20        all  or  a  portion  of  the  compensation  and  expenses
21        certified  as  reasonable, necessary, and appropriate for
22        payment from the Trust Fund and the court's  delivery  of
23        the  certification  to the Treasurer, the State Treasurer
24        shall pay the certified compensation  and  expenses  from
25        the money appropriated to the Treasurer for that purpose,
26        if  there are sufficient moneys in the Trust Fund to make
27        those payments.
28             (3)  A  petition  for  capital  litigation  expenses
29        under this subsection  shall  be  considered  in  camera.
30        Orders denying petitions for compensation or expenses are
31        final.
32        (j)  If the Trust Fund is discontinued or dissolved by an
33    Act  of  the  General  Assembly  or  by operation of law, any
34    balance remaining in the Trust Fund shall be returned to  the
 
                            -31-     LRB093 04396 RLC 12825 a
 1    General Revenue Fund after deduction of administrative costs,
 2    any   other   provision   of   this   Act   to  the  contrary
 3    notwithstanding.
 4    (Source: P.A. 91-589, eff. 1-1-00.)

 5        (725 ILCS 124/19)
 6        (Section scheduled to be repealed on July 1, 2004)
 7        Sec. 19.  Report; repeal.
 8        (a)  The Cook County Public  Defender,  the  Cook  County
 9    State's  Attorney,  the State Appellate Defender, the State's
10    Attorneys Appellate  Prosecutor,  and  the  Attorney  General
11    shall  each  report  separately  to  the  General Assembly by
12    January 1, 2004 detailing the amounts of  money  received  by
13    them  through  this  Act, the uses for which those funds were
14    expended, the balances then in the Capital  Litigation  Trust
15    Fund   or  county  accounts, as the case may be, dedicated to
16    them for the use and support of Public  Defenders,  appointed
17    trial defense counsel, and State's Attorneys, as the case may
18    be.   The  report  shall  describe  and  discuss the need for
19    continued  funding  through  the   Fund   and   contain   any
20    suggestions for changes to this Act.
21        (b)  (Blank)   Unless   the   General  Assembly  provides
22    otherwise, this Act is repealed on July 1, 2004.
23    (Source: P.A. 91-589, eff. 1-1-00.)

24        Section  25.  The Unified Code of Corrections is  amended
25    by changing Sections 3-3-13 and 5-4-3 as follows:

26        (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
27        Sec. 3-3-13.  Procedure for Executive Clemency.
28        (a)  Petitions  seeking  pardon, commutation, or reprieve
29    shall be  addressed  to  the  Governor  and  filed  with  the
30    Prisoner  Review Board.  The petition shall be in writing and
31    signed by the person under conviction or by a person  on  his
 
                            -32-     LRB093 04396 RLC 12825 a
 1    behalf.  It  shall  contain  a brief history of the case, the
 2    reasons for seeking executive clemency,  and  other  relevant
 3    information the Board may require.
 4        (a-5)  After  a petition has been denied by the Governor,
 5    the Board may not accept  a  repeat  petition  for  executive
 6    clemency  for the same person until one full year has elapsed
 7    from the date of the denial.  The Chairman of the  Board  may
 8    waive  the  one-year  requirement if the petitioner offers in
 9    writing  new  information  that  was   unavailable   to   the
10    petitioner  at  the  time of the filing of the prior petition
11    and which the Chairman determines  to  be  significant.   The
12    Chairman  also  may  waive the one-year waiting period if the
13    petitioner can show that  a  change  in  circumstances  of  a
14    compelling humanitarian nature has arisen since the denial of
15    the prior petition.
16        (b)  Notice of the proposed application shall be given by
17    the Board to the committing court and the state's attorney of
18    the county where the conviction was had.
19        (c)  The  Board  shall, if requested and upon due notice,
20    give a hearing to each application,  allowing  representation
21    by  counsel,  if desired, after which it shall confidentially
22    advise  the   Governor   by   a   written   report   of   its
23    recommendations  which  shall be determined by majority vote.
24    The Board shall meet to consider such petitions no less  than
25    4 times each year.
26        Application for executive clemency under this Section may
27    not be commenced on behalf of a person who has been sentenced
28    to death without the written consent of the defendant, unless
29    the  defendant, because of a mental or physical condition, is
30    incapable of asserting his or her own claim.
31        All petitions for  executive  clemency  on  behalf  of  a
32    person  who  is  sentenced  to  death  must be filed with the
33    Prisoner Review Board within 30 days from the date  that  the
34    Supreme  Court has issued a final order setting the execution
 
                            -33-     LRB093 04396 RLC 12825 a
 1    date. The Governor or the Chairman  of  the  Prisoner  Review
 2    Board  may waive the 30-day requirement if the petitioner has
 3    just cause for not filing the petition within the appropriate
 4    time limitations.
 5        (d)  The  Governor  shall  decide  each  application  and
 6    communicate his decision to the Board which shall notify  the
 7    petitioner.
 8        In  the  event  a  petitioner who has been convicted of a
 9    Class X felony is granted a release, after the  Governor  has
10    communicated such decision to the Board, the Board shall give
11    written  notice  to  the Sheriff of the county from which the
12    offender was sentenced if such  sheriff  has  requested  that
13    such  notice  be  given on a continuing basis. In cases where
14    arrest of the offender or the commission of the offense  took
15    place  in  any  municipality  with  a population of more than
16    10,000 persons, the Board shall also give written  notice  to
17    the proper law enforcement agency for said municipality which
18    has requested notice on a continuing basis.
19        (e)  Nothing  in this Section shall be construed to limit
20    the power of the Governor under the constitution to  grant  a
21    reprieve, commutation of sentence, or pardon.
22    (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)

23        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
24        Sec.  5-4-3.  Persons  convicted  of, or found delinquent
25    for,  certain  offenses  or  institutionalized  as   sexually
26    dangerous; specimens; genetic marker groups.
27        (a)  Any  person  convicted  of,  found  guilty under the
28    Juvenile Court Act of 1987 for, or who received a disposition
29    of court supervision for, a qualifying offense or attempt  of
30    a  qualifying  offense,  convicted  or  found  guilty  of any
31    offense classified as a  felony  under  Illinois  law,  found
32    guilty  or  given supervision for any offense classified as a
33    felony  under  the   Juvenile   Court   Act   of   1987,   or
 
                            -34-     LRB093 04396 RLC 12825 a
 1    institutionalized  as  a  sexually dangerous person under the
 2    Sexually Dangerous Persons Act, or committed  as  a  sexually
 3    violent  person under the Sexually Violent Persons Commitment
 4    Act shall, regardless of the sentence or disposition imposed,
 5    be required to submit specimens of blood, saliva,  or  tissue
 6    to the Illinois Department of State Police in accordance with
 7    the provisions of this Section, provided such person is:
 8             (1)  convicted of a qualifying offense or attempt of
 9        a  qualifying  offense  on  or  after  July  1,  1990 the
10        effective date  of  this  amendatory  Act  of  1989,  and
11        sentenced   to   a   term   of   imprisonment,   periodic
12        imprisonment,  fine,  probation, conditional discharge or
13        any other form of sentence, or  given  a  disposition  of
14        court supervision for the offense;, or
15             (1.5)  found  guilty  or given supervision under the
16        Juvenile Court Act of 1987 for a  qualifying  offense  or
17        attempt  of  a  qualifying offense on or after January 1,
18        1997; the effective date of this amendatory Act of  1996,
19        or
20             (2)  ordered   institutionalized   as   a   sexually
21        dangerous  person on or after July 1, 1990; the effective
22        date of this amendatory Act of 1989, or
23             (3)  convicted of a qualifying offense or attempt of
24        a qualifying offense before July 1,  1990  the  effective
25        date  of  this  amendatory  Act  of 1989 and is presently
26        confined as a result of  such  conviction  in  any  State
27        correctional  facility  or  county  jail  or is presently
28        serving a sentence of probation, conditional discharge or
29        periodic imprisonment as a result of such conviction;, or
30             (3.5)  convicted or  found  guilty  of  any  offense
31        classified as a felony under Illinois law or found guilty
32        or  given  supervision  for  such  an  offense  under the
33        Juvenile Court Act of 1987 on or after August  22,  2002;
34        the  effective  date   of this amendatory Act of the 92nd
 
                            -35-     LRB093 04396 RLC 12825 a
 1        General Assembly, or
 2             (4)  presently  institutionalized  as   a   sexually
 3        dangerous  person  or  presently  institutionalized  as a
 4        person found guilty but mentally ill of a sexual  offense
 5        or attempt to commit a sexual offense; or
 6             (4.5)  ordered   committed  as  a  sexually  violent
 7        person on or after the effective  date  of  the  Sexually
 8        Violent Persons Commitment Act; or
 9             (5)  seeking  transfer  to  or residency in Illinois
10        under Sections 3-3-11.05 through 3-3-11.5 of the  Unified
11        Code  of Corrections and the Interstate Compact for Adult
12        Offender Supervision  or  the  Interstate  Agreements  on
13        Sexually Dangerous Persons Act.
14        Notwithstanding  other  provisions  of  this Section, any
15    person incarcerated in a facility of the Illinois  Department
16    of Corrections on or after August 22, 2002 the effective date
17    of  this amendatory Act of the 92nd General Assembly shall be
18    required to submit a specimen of  blood,  saliva,  or  tissue
19    prior to his or her release on parole or mandatory supervised
20    release,  as  a  condition  of his or her parole or mandatory
21    supervised release.
22        (a-5)  Any person  who  was  otherwise  convicted  of  or
23    received  a  disposition  of  court supervision for any other
24    offense under the Criminal Code of  1961  or  who  was  found
25    guilty  or  given  supervision for such a violation under the
26    Juvenile Court Act of 1987, may, regardless of  the  sentence
27    imposed,  be  required  by  an  order  of the court to submit
28    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
29    Department of State Police in accordance with the  provisions
30    of this Section.
31        (b)  Any  person required by paragraphs (a)(1), (a)(1.5),
32    (a)(2), (a)(3.5), and (a-5) to provide  specimens  of  blood,
33    saliva,  or  tissue shall provide specimens of blood, saliva,
34    or tissue within 45 days after sentencing or disposition at a
 
                            -36-     LRB093 04396 RLC 12825 a
 1    collection site designated  by  the  Illinois  Department  of
 2    State Police.
 3        (c)  Any  person  required  by paragraphs (a)(3), (a)(4),
 4    and (a)(4.5) to provide specimens of blood, saliva, or tissue
 5    shall be required to provide  such  samples  prior  to  final
 6    discharge, parole, or release at a collection site designated
 7    by the Illinois Department of State Police.
 8        (c-5)  Any person required by paragraph (a)(5) to provide
 9    specimens  of blood, saliva, or tissue shall, where feasible,
10    be required to provide the specimens  before  being  accepted
11    for  conditioned  residency  in Illinois under the interstate
12    compact or agreement, but no later than 45 days after arrival
13    in this State.
14        (c-6)  The  Illinois  Department  of  State  Police   may
15    determine which type of specimen or specimens, blood, saliva,
16    or  tissue,  is  acceptable for submission to the Division of
17    Forensic Services for analysis.
18        (d)  The  Illinois  Department  of  State  Police   shall
19    provide  all  equipment  and  instructions  necessary for the
20    collection of blood samples.  The collection of samples shall
21    be  performed  in  a  medically  approved  manner.   Only   a
22    physician authorized to practice medicine, a registered nurse
23    or   other  qualified  person  trained  in  venipuncture  may
24    withdraw blood for the purposes of  this  Act.   The  samples
25    shall  thereafter  be forwarded to the Illinois Department of
26    State Police, Division of Forensic Services, for analysis and
27    categorizing into genetic marker groupings.
28        (d-1)  The Illinois  Department  of  State  Police  shall
29    provide  all  equipment  and  instructions  necessary for the
30    collection of  saliva  samples.   The  collection  of  saliva
31    samples  shall  be  performed in a medically approved manner.
32    Only a person trained in the instructions promulgated by  the
33    Illinois State Police on collecting saliva may collect saliva
34    for   the  purposes  of  this  Section.   The  samples  shall
 
                            -37-     LRB093 04396 RLC 12825 a
 1    thereafter be forwarded to the Illinois Department  of  State
 2    Police,  Division  of  Forensic  Services,  for  analysis and
 3    categorizing into genetic marker groupings.
 4        (d-2)  The Illinois  Department  of  State  Police  shall
 5    provide  all  equipment  and  instructions  necessary for the
 6    collection of  tissue  samples.   The  collection  of  tissue
 7    samples  shall  be  performed in a medically approved manner.
 8    Only a person trained in the instructions promulgated by  the
 9    Illinois State Police on collecting tissue may collect tissue
10    for   the  purposes  of  this  Section.   The  samples  shall
11    thereafter be forwarded to the Illinois Department  of  State
12    Police,  Division  of  Forensic  Services,  for  analysis and
13    categorizing into genetic marker groupings.
14        (d-5)  To  the  extent  that  funds  are  available,  the
15    Illinois Department  of  State  Police  shall  contract  with
16    qualified   personnel  and  certified  laboratories  for  the
17    collection, analysis, and categorization of known samples.
18        (e)  The genetic marker groupings shall be maintained  by
19    the Illinois Department of State Police, Division of Forensic
20    Services.
21        (f)  The  genetic  marker  grouping  analysis information
22    obtained pursuant to this Act shall be confidential and shall
23    be released only to peace officers of the United  States,  of
24    other  states  or  territories, of the insular possessions of
25    the United States, of foreign countries  duly  authorized  to
26    receive  the  same,  to  all  peace  officers of the State of
27    Illinois and to all prosecutorial agencies.   Notwithstanding
28    the  limits  on disclosure stated by this subsection (f), the
29    genetic marker grouping analysis information  obtained  under
30    this  Act  also  may be released by court order pursuant to a
31    motion under Section 114-15 of the Code of Criminal Procedure
32    of 1963 to a defendant who  meets  all  of  the  requirements
33    under  that  Section.  The  genetic  marker grouping analysis
34    information obtained pursuant to this Act shall be used  only
 
                            -38-     LRB093 04396 RLC 12825 a
 1    for  (i) valid law enforcement identification purposes and as
 2    required  by  the  Federal  Bureau   of   Investigation   for
 3    participation in the National DNA database or (ii) technology
 4    validation  purposes.   Notwithstanding  any  other statutory
 5    provision to the contrary,  all  information  obtained  under
 6    this Section shall be maintained in a single State data base,
 7    which  may  be  uploaded  into a national database, and which
 8    information may be subject to expungement only as  set  forth
 9    in subsection (f-1).
10        (f-1)  Upon  receipt  of  notification of a reversal of a
11    conviction based on actual innocence, or of the granting of a
12    pardon pursuant to Section 12 of Article V  of  the  Illinois
13    Constitution,  if  that  pardon  document specifically states
14    that the reason for the pardon is the actual innocence of  an
15    individual  whose  DNA record has been stored in the State or
16    national DNA identification index  in  accordance  with  this
17    Section  by  the Illinois Department of State Police, the DNA
18    record shall be expunged from the DNA  identification  index,
19    and  the  Department  shall  by  rule prescribe procedures to
20    ensure that the record and any samples,  analyses,  or  other
21    documents  relating to such record, whether in the possession
22    of the Department or any law enforcement or police agency, or
23    any forensic DNA  laboratory,  including  any  duplicates  or
24    copies  thereof,  are  destroyed  and a letter is sent to the
25    court verifying the expungement is completed.
26        (f-5)  Any person who intentionally uses  genetic  marker
27    grouping  analysis  information,  or  any  other  information
28    derived  from  a  DNA  sample,  beyond the authorized uses as
29    provided under this Section, or any other  Illinois  law,  is
30    guilty of a Class 4 felony, and shall be subject to a fine of
31    not less than $5,000.
32        (g)  For   the  purposes  of  this  Section,  "qualifying
33    offense" means any of the following:
34             (1)  any violation or inchoate violation of  Section
 
                            -39-     LRB093 04396 RLC 12825 a
 1        11-6,  11-9.1,  11-11,  11-18.1,  12-15,  or 12-16 of the
 2        Criminal Code of 1961;, or
 3             (1.1)  any  violation  or  inchoate   violation   of
 4        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
 5        18-3,  18-4,  19-1,  or 19-2 of the Criminal Code of 1961
 6        for which persons are  convicted  on  or  after  July  1,
 7        2001;, or
 8             (2)  any  former statute of this State which defined
 9        a felony sexual offense;, or
10             (3)  (blank);, or
11             (4)  any  inchoate  violation  of   Section   9-3.1,
12        11-9.3,  12-7.3, or 12-7.4 of the Criminal Code of 1961;,
13        or
14             (5)  any violation or inchoate violation of  Article
15        29D of the Criminal Code of 1961.
16        (g-5)  (Blank).
17        (h)  The Illinois Department of State Police shall be the
18    State  central  repository  for  all  genetic marker grouping
19    analysis information obtained  pursuant  to  this  Act.   The
20    Illinois  Department of State Police may promulgate rules for
21    the form and manner of the collection of  blood,  saliva,  or
22    tissue samples and other procedures for the operation of this
23    Act.   The  provisions of the Administrative Review Law shall
24    apply to all actions taken under the rules so promulgated.
25        (i)  A person required to provide  a  blood,  saliva,  or
26    tissue  specimen  shall  cooperate with the collection of the
27    specimen and any deliberate act by that  person  intended  to
28    impede, delay or stop the collection of the blood, saliva, or
29    tissue specimen is a Class A misdemeanor.
30        (j)  Any  person  required  by  subsection  (a) to submit
31    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
32    Department of State Police for  analysis  and  categorization
33    into  genetic  marker  grouping,  in  addition  to  any other
34    disposition, penalty, or fine imposed, shall pay an  analysis
 
                            -40-     LRB093 04396 RLC 12825 a
 1    fee  of $200.  If the analysis fee is not paid at the time of
 2    sentencing, the court shall establish a fee schedule by which
 3    the entire amount of the analysis fee shall be paid in  full,
 4    such  schedule  not  to  exceed  24  months  from the time of
 5    conviction.  The inability to pay this analysis fee shall not
 6    be the sole ground to incarcerate the person.
 7        (k)  All analysis and categorization fees provided for by
 8    subsection (j) shall be regulated as follows:
 9             (1)  The State Offender  DNA  Identification  System
10        Fund  is  hereby  created  as a special fund in the State
11        Treasury.
12             (2)  All fees shall be collected by the clerk of the
13        court  and  forwarded   to   the   State   Offender   DNA
14        Identification System Fund for deposit.  The clerk of the
15        circuit  court  may  retain  the  amount of $10 from each
16        collected analysis fee  to  offset  administrative  costs
17        incurred  in  carrying  out  the clerk's responsibilities
18        under this Section.
19             (3)  Fees deposited  into  the  State  Offender  DNA
20        Identification  System  Fund  shall  be  used by Illinois
21        State Police crime  laboratories  as  designated  by  the
22        Director  of  State  Police.   These  funds  shall  be in
23        addition to any allocations  made  pursuant  to  existing
24        laws  and  shall  be  designated for the exclusive use of
25        State crime laboratories.  These uses  may  include,  but
26        are not limited to, the following:
27                  (A)  Costs  incurred  in providing analysis and
28             genetic  marker  categorization   as   required   by
29             subsection (d).
30                  (B)  Costs   incurred  in  maintaining  genetic
31             marker groupings as required by subsection (e).
32                  (C)  Costs  incurred  in   the   purchase   and
33             maintenance  of  equipment  for  use  in  performing
34             analyses.
 
                            -41-     LRB093 04396 RLC 12825 a
 1                  (D)  Costs  incurred in continuing research and
 2             development  of  new  techniques  for  analysis  and
 3             genetic marker categorization.
 4                  (E)  Costs incurred  in  continuing  education,
 5             training,  and  professional development of forensic
 6             scientists regularly employed by these laboratories.
 7        (l)  The failure of a person to provide a specimen, or of
 8    any person or agency to collect a specimen, within the 45 day
 9    period shall in no way alter the obligation of the person  to
10    submit  such  specimen,  or  the  authority  of  the Illinois
11    Department of State  Police  or  persons  designated  by  the
12    Department  to  collect the specimen, or the authority of the
13    Illinois Department of State Police to  accept,  analyze  and
14    maintain  the  specimen  or  to maintain or upload results of
15    genetic marker grouping analysis information into a State  or
16    national database.
17    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
18    92-40,  eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600, eff.
19    6-28-02; 92-829, eff. 8-22-02; 92-854, eff. 12-5-02;  revised
20    1-20-03.)

21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law.".