093_HB1281sam003











                                     LRB093 04396 WGH 16236 a

 1                    AMENDMENT TO HOUSE BILL 1281

 2        AMENDMENT NO.     .  Amend House Bill 1281,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

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

 7        Section 2. Capital Punishment Reform Study Committee.
 8        (a)  There is created the Capital Punishment Reform Study
 9    Committee,   hereinafter   referred   to  as  the  Committee,
10    consisting of 15 members appointed as follows:
11             (1)  Three members appointed by the President of the
12        Senate;
13             (2)  Two members appointed by the Minority Leader of
14        the Senate;
15             (3)  Three members appointed by the Speaker  of  the
16        House of  Representatives;
17             (4)  Two members appointed by the Minority Leader of
18        the House of   Representatives;
19             (5)  One member appointed by the Attorney General;
20             (6)  One member appointed by the Governor;
21             (7)  One member appointed by the Cook County State's
22        Attorney;
 
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 1             (8)  One  member appointed by the Office of the Cook
 2        County Public  Defender; and
 3             (9)  One member appointed by the Office of the State
 4        Appellate Defender.
 5        (b)  The Committee shall study the impact of the  various
 6    reforms  to the capital punishment system enacted by the 93rd
 7    General Assembly and annually report to the General  Assembly
 8    on the effects of these reforms. Each report shall include:
 9             (1)  The  impact  of  the  reforms  on  the issue of
10        uniformity and proportionality in the application of  the
11        death penalty including, but not limited to, the tracking
12        of  data  related  to whether the reforms have eliminated
13        the statistically significant differences  in  sentencing
14        related  to  the  geographic location of the homicide and
15        the race of the victim found by the Governor's Commission
16        on Capital Punishment in its report issued on  April  15,
17        2002.
18             (2)  The  implementation  of  training  for  police,
19        prosecutors, defense attorneys, and judges as recommended
20        by the Governor's Commission on Capital Punishment.
21             (3)  The  impact  of  the  various  reforms  on  the
22        quality of evidence used during capital prosecutions.
23             (4)  The   quality  of  representation  provided  by
24        defense counsel to defendants in capital prosecutions.
25             (5)  The impact of the various reforms on the  costs
26        associated  with  the      administration of the Illinois
27        capital punishment system.
28        (c)  The Committee shall  hold  hearings  on  a  periodic
29    basis  to  receive  testimony  from  the public regarding the
30    manner in which reforms have impacted the capital  punishment
31    system.
32        (d)  The  Committee  shall submit its final report to the
33    General Assembly no later than 5 years  after  the  effective
34    date of this Act.
 
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 1        Section  5. The Illinois Criminal Justice Information Act
 2    is amended by adding Section 7.2 as follows:

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

24        Section 6. The Illinois Police Training Act is amended by
25    changing Section 6.1 as follows:

26        (50 ILCS 705/6.1)
27        Sec.  6.1.  Decertification  of  full-time  and part-time
28    police officers.
29        (a)  The Board must review  police  officer  conduct  and
30    records  to  ensure  that  no  police officer is certified or
31    provided a valid waiver  if  that  police  officer  has  been
32    convicted of a felony offense under the laws of this State or
 
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 1    any  other  state  which  if committed in this State would be
 2    punishable as a felony. The Board must also  ensure  that  no
 3    police  officer  is  certified  or provided a valid waiver if
 4    that police officer  has  been  convicted  on  or  after  the
 5    effective  date  of  this  amendatory  Act  of  1999  of  any
 6    misdemeanor  specified in this Section or if committed in any
 7    other state would be an  offense  similar  to  Section  11-6,
 8    11-9.1,  11-14,  11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
 9    28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the  Criminal
10    Code  of  1961 or to Section 5 or 5.2 of the Cannabis Control
11    Act. The Board must  appoint  investigators  to  enforce  the
12    duties conferred upon the Board by this Act.
13        (b)  It is the responsibility of the sheriff or the chief
14    executive  officer  of  every local law enforcement agency or
15    department within this State  to  report  to  the  Board  any
16    arrest or conviction of any officer for an offense identified
17    in this Section.
18        (c)  It is the duty and responsibility of every full-time
19    and  part-time  police officer in this State to report to the
20    Board within 30 days, and  the  officer's  sheriff  or  chief
21    executive  officer, of his or her arrest or conviction for an
22    offense  identified  in  this  Section.  Any   full-time   or
23    part-time police officer who knowingly makes, submits, causes
24    to be submitted, or files a false or untruthful report to the
25    Board  must have his or her certificate or waiver immediately
26    decertified or revoked.
27        (d)  Any person, or a local or State agency, or the Board
28    is immune  from  liability  for  submitting,  disclosing,  or
29    releasing  information  of  arrests  or  convictions  in this
30    Section as long as the information is  submitted,  disclosed,
31    or  released  in good faith and without malice. The Board has
32    qualified immunity for the release of the information.
33        (e)  Any full-time or part-time  police  officer  with  a
34    certificate or waiver issued by the Board who is convicted of
 
                            -6-      LRB093 04396 WGH 16236 a
 1    any  offense  described  in this Section immediately  becomes
 2    decertified  or  no  longer   has   a   valid   waiver.   The
 3    decertification  and invalidity of waivers occurs as a matter
 4    of law. Failure of a convicted person to report to the  Board
 5    his  or  her  conviction  as described in this Section or any
 6    continued  law  enforcement  practice   after   receiving   a
 7    conviction  is a Class 4 felony.
 8        (f)    The  Board's  investigators are peace officers and
 9    have all the powers possessed by policemen in cities  and  by
10    sheriff's, provided that the investigators may exercise those
11    powers   anywhere  in  the  State,  only  after  contact  and
12    cooperation  with  the  appropriate  local  law   enforcement
13    authorities.
14        (g)  The  Board  must request and receive information and
15    assistance from any federal,  state,  or  local  governmental
16    agency   as   part  of  the  authorized  criminal  background
17    investigation.  The Department of State Police must  process,
18    retain,  and additionally provide and disseminate information
19    to  the   Board   concerning   criminal   charges,   arrests,
20    convictions,  and  their  disposition,  that  have been filed
21    before, on, or after the effective date  of  this  amendatory
22    Act  of  the  91st  General  Assembly against a basic academy
23    applicant, law  enforcement  applicant,  or  law  enforcement
24    officer whose fingerprint identification cards are on file or
25    maintained  by  the  Department of State Police.  The Federal
26    Bureau of Investigation must provide the Board  any  criminal
27    history  record information contained in its files pertaining
28    to law enforcement officers  or  any  applicant  to  a  Board
29    certified  basic law enforcement academy as described in this
30    Act based on fingerprint identification. The Board must  make
31    payment  of  fees  to the Department of State Police for each
32    fingerprint  card  submission   in   conformance   with   the
33    requirements  of  paragraph  22  of  Section 55a of the Civil
34    Administrative Code of Illinois.
 
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 1        (h)  A police officer who has been certified or granted a
 2    valid waiver may also be  decertified  or  have  his  or  her
 3    waiver  revoked  upon a determination by the Board that he or
 4    she, while under oath, has knowingly and willfully made false
 5    statements  as  to  a  material  fact   during   a   homicide
 6    proceeding.  A  determination  may  be  made  only  after  an
 7    investigation  and  hearing  upon  a verified complaint filed
 8    with the Illinois Law Enforcement Training Standards Board.
 9             (1)  The  Board  shall  adopt  rules  governing  the
10        investigation and hearing  of  a  verified  complaint  to
11        assure  the  police  officer due process and to eliminate
12        conflicts of interest within the Board itself.
13             (2)  Upon receipt of the initial verified complaint,
14        the Board is empowered to  investigate  and  dismiss  the
15        complaint  if  it finds there is insufficient evidence to
16        support it. Upon  the  initial  filing,  the  sheriff  or
17        police  chief,  or other employing agency, of the accused
18        officer  may  suspend,  with  pay,  the  accused  officer
19        pending a decision of the Board. Upon a Board finding  of
20        insufficient   evidence,  the  police  officer  shall  be
21        reinstated. The sheriff or  police  chief,  or  employing
22        agency, shall take such necessary action as is ordered by
23        the Board.
24        (i)  The  Board  shall  have  the  power and authority to
25    appoint administrative law  judges.   The  Board  shall  also
26    adopt  rules  governing the appointment of administrative law
27    judges and  the  conduct  of  hearings  consistent  with  the
28    requirements  of  this  Section.  If  the  Board  finds  that
29    sufficient evidence exists to support the complaint, it shall
30    authorize a hearing before an administrative law judge within
31    45  days  of  the  Board's  finding,  unless,  based upon the
32    complexity  and  extent  of  the  allegations  and   charges,
33    additional time is needed. The administrative law judge shall
34    hear all evidence and prepare a written recommendation of his
 
                            -8-      LRB093 04396 WGH 16236 a
 1    or  her  findings  to  the  Board. At the hearing the accused
 2    police officer shall be afforded the opportunity to:
 3             (1)  Be represented by counsel;
 4             (2)  Be heard in his or her own defense;
 5             (3)  Produce evidence in his or her defense;
 6             (4)  Request that the Board compel the attendance of
 7        witnesses and production of court records and documents.
 8        (j)  Once a case has been set for hearing, the person who
 9    filed the verified complaint shall have  the  opportunity  to
10    produce  evidence  to  support  any  charge  against a police
11    officer that he or she, while under oath, has  knowingly  and
12    willfully  made false statements as to a material fact during
13    a homicide proceeding.
14             (1)  The person who  filed  the  verified  complaint
15        shall  have  the opportunity to be represented by counsel
16        and shall produce evidence to support his or her charges;
17             (2)  The person who filed the verified complaint may
18        request the Board to compel the attendance  of  witnesses
19        and production of court records and documents.
20        (k)  The  Board  shall  have the power to issue subpoenas
21    requiring the attendance and testimony of witnesses  and  the
22    production  of court records and documents and shall have the
23    power to administer oaths.
24        (l)  The  administrative  law  judge   shall   have   the
25    responsibility  of receiving into evidence relevant testimony
26    and  documents,  including  court  records,  to  support   or
27    disprove  the  allegations  made  by  the  person  filing the
28    verified complaint, and, at  the  close  of  the  case,  hear
29    arguments.  If  the administrative law judge finds that there
30    is not clear and convincing evidence to support the  verified
31    complaint  that  the  police  officer  has, while under oath,
32    knowingly  and  willfully  made  false  statements  as  to  a
33    material   fact   during   a   homicide    proceeding,    the
34    administrative  law judge shall make a written recommendation
 
                            -9-      LRB093 04396 WGH 16236 a
 1    of dismissal to the Board. If the  administrative  law  judge
 2    finds  that there is clear and convincing evidence to support
 3    the verified complaint that the  police  officer  has,  while
 4    under  oath, knowingly and willfully made false statements as
 5    to  a  material  fact  during  a  homicide  proceeding,   the
 6    administrative  law judge shall make a written recommendation
 7    of decertification to the Board.
 8        (m)  Any person, with the exception of the police officer
 9    who is the subject of the hearing, who is served by the Board
10    with a subpoena to appear, testify or  produce  evidence  and
11    refuses  to  comply  with the subpoena is guilty of a Class B
12    misdemeanor. Any circuit court or judge, upon application  by
13    the  Board,  may  compel compliance with a subpoena issued by
14    the Board.
15        (n)  The Board shall consider the recommendation  of  the
16    administrative  law  judge and the record of the hearing at a
17    quarterly Board meeting. If, by  a  two-thirds  vote  of  the
18    members  present  at  the  quarterly Board meeting, the Board
19    finds that there is clear and convincing  evidence  that  the
20    police officer has, while under oath, knowingly and willfully
21    made false statements as to a material fact during a homicide
22    proceeding,  the Board shall order that the police officer be
23    decertified as a full-time or part-time  police  officer.  If
24    less than two-thirds of the members present vote to decertify
25    the police officer, the Board shall dismiss the complaint.
26        (o)  The  provisions  of  the  Administrative  Review Law
27    shall govern all proceedings for the judicial review  of  any
28    order  rendered  by the Board. The moving party shall pay the
29    reasonable costs of preparing and certifying the  record  for
30    review  including,  if  so  ordered  by  the Board, the costs
31    incurred in the hearing before the administrative law  judge.
32    If  the  moving  party  is  the  police officer and he or she
33    prevails, the court may award the police officer actual costs
34    incurred in all proceedings,  including  reasonable  attorney
 
                            -10-     LRB093 04396 WGH 16236 a
 1    fees.
 2        (p)  If   the   police   officer   is  decertified  under
 3    subsection (h), the Board shall notify the defendant who  was
 4    a  party  to  the  proceeding  that  resulted  in  the police
 5    officer's decertification and his  or  her  attorney  of  the
 6    Board's  decision.  Notification  shall  be by certified mail
 7    sent to the party's last known address.
 8        (q)  Limitation of action.
 9             (1)  No complaint may  be  filed  pursuant  to  this
10        Section  until  after  a  verdict or other disposition is
11        rendered or the case is dismissed in the trial court.
12             (2)  A complaint pursuant to this Section may not be
13        filed more than 2 years after the final resolution of the
14        case. For purposes of this Section, final  resolution  is
15        defined   as  the  trial  court's  ruling  on  the  State
16        post-conviction proceeding in the case  in  which  it  is
17        alleged  the  police officer, while under oath, knowingly
18        and willfully made false statements as to a material fact
19        during  a   homicide   proceeding.   In   the   event   a
20        post-conviction petition is not filed, an action pursuant
21        to  this  Section  may not be commenced more than 2 years
22        after the denial of a  petition  for  certiorari  to  the
23        United  States  Supreme  Court,  or  if  no  petition for
24        certiorari is filed,  2  years  after  the  date  such  a
25        petition  should  have  been  filed.  In  the event of an
26        acquittal, no proceeding may  be  commenced  pursuant  to
27        this  Section more than 6 years after the date upon which
28        judgment on the verdict of acquittal was entered.
29        (r)  Interested parties. Only interested parties  to  the
30    criminal  prosecution  in which the police officer allegedly,
31    while  under  oath,  knowingly  and  willfully   made   false
32    statements as to a material fact during a homicide proceeding
33    may  file  a verified complaint pursuant to this Section. For
34    purposes of this Section, "interested  parties"  include  the
 
                            -11-     LRB093 04396 WGH 16236 a
 1    defendant  and  any police officer who has personal knowledge
 2    that the police officer who is the subject of  the  complaint
 3    has,  while  under  oath,  knowingly and willfully made false
 4    statements  as  to  a  material  fact   during   a   homicide
 5    proceeding.
 6    (Source: P.A. 91-495, eff. 1-1-00.)

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

 9        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
10        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
11    Exceptions - Separate Hearings - Proof - Findings - Appellate
12    procedures - Reversals.
13        (a)  A person who  kills  an  individual  without  lawful
14    justification  commits  first degree murder if, in performing
15    the acts which cause the death:
16             (1)  he either intends to kill or  do  great  bodily
17        harm  to  that  individual or another, or knows that such
18        acts will cause death to that individual or another; or
19             (2)  he  knows  that  such  acts  create  a   strong
20        probability  of  death  or  great  bodily  harm  to  that
21        individual or another; or
22             (3)  he  is  attempting  or  committing  a  forcible
23        felony other than second degree murder.
24        (b)  Aggravating Factors.  A defendant who at the time of
25    the  commission  of the offense has attained the age of 18 or
26    more and who has been found guilty of first degree murder may
27    be sentenced to death if:
28             (1)  the murdered individual was a peace officer  or
29        fireman  killed  in the course of performing his official
30        duties,  to  prevent  the  performance  of  his  official
31        duties, or in retaliation  for  performing  his  official
32        duties,  and the defendant knew or should have known that
 
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 1        the murdered individual was a peace officer  or  fireman;
 2        or
 3             (2)  the  murdered  individual was an employee of an
 4        institution or facility of the Department of Corrections,
 5        or any similar local correctional agency, killed  in  the
 6        course  of performing his official duties, to prevent the
 7        performance of his official duties, or in retaliation for
 8        performing  his  official   duties,   or   the   murdered
 9        individual  was an inmate at such institution or facility
10        and was killed on the grounds thereof,  or  the  murdered
11        individual  was  otherwise present in such institution or
12        facility with the knowledge and  approval  of  the  chief
13        administrative officer thereof; or
14             (3)  the  defendant  has been convicted of murdering
15        two or more individuals  under  subsection  (a)  of  this
16        Section  or  under any law of the United States or of any
17        state which is substantially similar to subsection (a) of
18        this Section regardless  of whether the  deaths  occurred
19        as  the  result  of the same act or of several related or
20        unrelated acts so long as the deaths were the  result  of
21        either  an  intent  to  kill  more  than one person or of
22        separate acts which the defendant knew would cause  death
23        or  create  a strong probability of death or great bodily
24        harm to the murdered individual or another; or
25             (4)  the murdered individual was killed as a  result
26        of  the  hijacking  of  an  airplane, train, ship, bus or
27        other public conveyance; or
28             (5)  the defendant committed the murder pursuant  to
29        a contract, agreement or understanding by which he was to
30        receive   money  or  anything  of  value  in  return  for
31        committing the murder or procured another to  commit  the
32        murder for money or anything of value; or
33             (6)  the  murdered  individual  was  killed  in  the
34        course of another felony if:
 
                            -13-     LRB093 04396 WGH 16236 a
 1                  (a)  the murdered individual:
 2                       (i)  was actually killed by the defendant,
 3                  or
 4                       (ii)  received      physical      injuries
 5                  personally    inflicted    by   the   defendant
 6                  substantially contemporaneously  with  physical
 7                  injuries  caused  by  one  or  more persons for
 8                  whose  conduct   the   defendant   is   legally
 9                  accountable under Section 5-2 of this Code, and
10                  the  physical  injuries inflicted by either the
11                  defendant or the other person  or  persons  for
12                  whose  conduct he is legally accountable caused
13                  the death of the murdered individual; and
14                  (b)  in performing the acts  which  caused  the
15             death  of  the murdered individual or which resulted
16             in physical injuries  personally  inflicted  by  the
17             defendant  on  the  murdered  individual  under  the
18             circumstances  of  subdivision  (ii) of subparagraph
19             (a) of paragraph  (6)  of  subsection  (b)  of  this
20             Section, the defendant acted with the intent to kill
21             the  murdered  individual or with the knowledge that
22             his acts created a strong probability  of  death  or
23             great  bodily  harm  to  the  murdered individual or
24             another; and
25                  (c)  the other felony was an inherently violent
26             crime one of the  following:  armed  robbery,  armed
27             violence, robbery, predatory criminal sexual assault
28             of  a  child,  aggravated  criminal  sexual assault,
29             aggravated    kidnapping,    aggravated    vehicular
30             hijacking,  forcible  detention,  arson,  aggravated
31             arson, aggravated  stalking,  burglary,  residential
32             burglary,  home  invasion,  calculated criminal drug
33             conspiracy as defined in Section 405 of the Illinois
34             Controlled Substances Act, streetgang criminal  drug
 
                            -14-     LRB093 04396 WGH 16236 a
 1             conspiracy  as  defined  in  Section  405.2  of  the
 2             Illinois  Controlled  Substances Act, or the attempt
 3             to commit  an  inherently  violent  crime.  In  this
 4             subparagraph   (c),   "inherently   violent   crime"
 5             includes,  but  is  not  limited  to, armed robbery,
 6             robbery, predatory  criminal  sexual  assault  of  a
 7             child,    aggravated    criminal   sexual   assault,
 8             aggravated    kidnapping,    aggravated    vehicular
 9             hijacking, aggravated  arson,  aggravated  stalking,
10             residential  burglary,  and home invasion 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; for purposes of this paragraph (8),
25        "participating   in   any   criminal   investigation   or
26        prosecution" is intended to include  those  appearing  in
27        the  proceedings  in  any  capacity such as trial judges,
28        prosecutors, defense attorneys, investigators, witnesses,
29        or jurors; or
30             (9)  the  defendant,  while  committing  an  offense
31        punishable under Sections 401, 401.1, 401.2, 405,  405.2,
32        407  or  407.1  or  subsection  (b) of Section 404 of the
33        Illinois Controlled Substances Act, or while engaged in a
34        conspiracy  or  solicitation  to  commit  such   offense,
 
                            -15-     LRB093 04396 WGH 16236 a
 1        intentionally   killed   an   individual   or  counseled,
 2        commanded, induced, procured or  caused  the  intentional
 3        killing of the murdered individual; or
 4             (10)  the   defendant   was   incarcerated   in   an
 5        institution  or facility of the Department of Corrections
 6        at the time  of  the  murder,  and  while  committing  an
 7        offense  punishable  as  a  felony under Illinois law, or
 8        while engaged in a conspiracy or solicitation  to  commit
 9        such  offense,  intentionally  killed  an  individual  or
10        counseled,  commanded,  induced,  procured  or caused the
11        intentional killing of the murdered individual; or
12             (11)  the murder was committed in a cold, calculated
13        and premeditated manner pursuant to a preconceived  plan,
14        scheme  or design to take a human life by unlawful means,
15        and the conduct of the  defendant  created  a  reasonable
16        expectation  that the death of a human being would result
17        therefrom; or
18             (12)  the  murdered  individual  was  an   emergency
19        medical   technician   -   ambulance,  emergency  medical
20        technician - intermediate, emergency medical technician -
21        paramedic, ambulance driver, or other medical  assistance
22        or  first  aid  personnel,  employed by a municipality or
23        other  governmental  unit,  killed  in  the   course   of
24        performing   his   official   duties,   to   prevent  the
25        performance of his official duties, or in retaliation for
26        performing his official duties, and the defendant knew or
27        should have known that the  murdered  individual  was  an
28        emergency   medical  technician  -  ambulance,  emergency
29        medical  technician  -  intermediate,  emergency  medical
30        technician  -  paramedic,  ambulance  driver,  or   other
31        medical assistance or first aid personnel; or
32             (13)  the  defendant  was a principal administrator,
33        organizer,  or  leader  of  a  calculated  criminal  drug
34        conspiracy  consisting  of  a  hierarchical  position  of
 
                            -16-     LRB093 04396 WGH 16236 a
 1        authority superior to that of all other  members  of  the
 2        conspiracy,   and  the  defendant  counseled,  commanded,
 3        induced, procured, or caused the intentional  killing  of
 4        the murdered person; or
 5             (14)  the  murder  was  intentional and involved the
 6        infliction of torture.  For the purpose of  this  Section
 7        torture  means the infliction of or subjection to extreme
 8        physical pain, motivated by  an  intent  to  increase  or
 9        prolong the pain, suffering or agony of the victim; or
10             (15)  the  murder  was  committed as a result of the
11        intentional discharge of a firearm by the defendant  from
12        a motor vehicle and the victim was not present within the
13        motor vehicle; or
14             (16)  the murdered individual was 60 years of age or
15        older and the death resulted from exceptionally brutal or
16        heinous behavior indicative of wanton cruelty; or
17             (17)  the  murdered individual was a disabled person
18        and the defendant knew or  should  have  known  that  the
19        murdered  individual  was disabled.  For purposes of this
20        paragraph (17), "disabled  person"  means  a  person  who
21        suffers  from  a  permanent physical or mental impairment
22        resulting from disease, an injury, a functional disorder,
23        or  a  congenital  condition  that  renders  the   person
24        incapable  of  adequately  providing  for  his or her own
25        health or personal care; or
26             (18)  the murder was  committed  by  reason  of  any
27        person's activity as a community policing volunteer or to
28        prevent  any  person  from  engaging  in  activity  as  a
29        community policing volunteer; or
30             (19)  the  murdered  individual  was  subject  to an
31        order of protection and the murder  was  committed  by  a
32        person  against  whom  the  same  order of protection was
33        issued under the Illinois Domestic Violence Act of  1986;
34        or
 
                            -17-     LRB093 04396 WGH 16236 a
 1             (20)  the  murdered  individual  was  known  by  the
 2        defendant to be a teacher or other person employed in any
 3        school  and  the  teacher  or  other employee is upon the
 4        grounds of a school or grounds adjacent to a  school,  or
 5        is in any part of a building used for school purposes; or
 6             (21)  the  murder  was committed by the defendant in
 7        connection  with  or  as  a  result  of  the  offense  of
 8        terrorism as defined in Section 29D-30 of this Code.
 9          (c)  Consideration  of  factors  in   Aggravation   and
10    Mitigation.
11        The  court  shall consider, or shall instruct the jury to
12    consider any aggravating and any mitigating factors which are
13    relevant to the imposition of the death penalty.  Aggravating
14    factors may include but need not be limited to those  factors
15    set  forth  in subsection (b). Mitigating factors may include
16    but need not be limited to the following:
17             (1)  the defendant has  no  significant  history  of
18        prior criminal activity;
19             (2)  the  murder  was  committed while the defendant
20        was under the influence of extreme  mental  or  emotional
21        disturbance, although not such as to constitute a defense
22        to prosecution;
23             (3)  the  murdered  individual  was a participant in
24        the defendant's homicidal conduct  or  consented  to  the
25        homicidal act;
26             (4)  the  defendant  acted  under  the compulsion of
27        threat or menace of the imminent infliction of  death  or
28        great bodily harm;
29             (5)  the defendant was not personally present during
30        commission of the act or acts causing death;.
31             (6)  the  defendant's  background includes a history
32        of extreme emotional or physical abuse;
33             (7)  the defendant suffers  from  a  reduced  mental
34        capacity.
 
                            -18-     LRB093 04396 WGH 16236 a
 1        (d)  Separate sentencing hearing.
 2        Where  requested  by the State, the court shall conduct a
 3    separate sentencing proceeding to determine the existence  of
 4    factors  set  forth  in  subsection  (b)  and to consider any
 5    aggravating or mitigating factors as indicated in  subsection
 6    (c).  The proceeding shall be conducted:
 7             (1)  before the jury that determined the defendant's
 8        guilt; or
 9             (2)  before a jury impanelled for the purpose of the
10        proceeding if:
11                  A.  the  defendant was convicted upon a plea of
12             guilty; or
13                  B.  the defendant was convicted after  a  trial
14             before the court sitting without a jury; or
15                  C.  the  court  for good cause shown discharges
16             the jury that determined the defendant's guilt; or
17             (3)  before the court alone if the defendant  waives
18        a jury for the separate proceeding.
19        (e)  Evidence and Argument.
20        During  the proceeding any information relevant to any of
21    the factors set forth in subsection (b) may be  presented  by
22    either  the  State or the defendant under the rules governing
23    the  admission  of  evidence   at   criminal   trials.    Any
24    information relevant to any additional aggravating factors or
25    any  mitigating  factors  indicated  in subsection (c) may be
26    presented  by  the  State  or  defendant  regardless  of  its
27    admissibility under the  rules  governing  the  admission  of
28    evidence  at  criminal  trials.  The  State and the defendant
29    shall be given fair  opportunity  to  rebut  any  information
30    received at the hearing.
31        (f)  Proof.
32        The  burden of proof of establishing the existence of any
33    of the factors set forth in subsection (b) is  on  the  State
34    and  shall  not  be  satisfied  unless  established  beyond a
 
                            -19-     LRB093 04396 WGH 16236 a
 1    reasonable doubt.
 2        (g)  Procedure - Jury.
 3        If at the separate sentencing proceeding the  jury  finds
 4    that  none of the factors set forth in subsection (b) exists,
 5    the  court  shall  sentence  the  defendant  to  a  term   of
 6    imprisonment   under   Chapter  V  of  the  Unified  Code  of
 7    Corrections.  If there is a unanimous  finding  by  the  jury
 8    that  one  or more of the factors set forth in subsection (b)
 9    exist, the jury shall  consider  aggravating  and  mitigating
10    factors  as  instructed  by  the  court  and  shall determine
11    whether the sentence of death shall be imposed.  If the  jury
12    determines   unanimously,   after  weighing  the  factors  in
13    aggravation and mitigation, that  death  is  the  appropriate
14    sentence  that  there are no mitigating factors sufficient to
15    preclude the imposition of  the  death  sentence,  the  court
16    shall sentence the defendant to death.  If the court does not
17    concur   with  the  jury  determination  that  death  is  the
18    appropriate sentence, the court shall set  forth  reasons  in
19    writing  including  what  facts  or  circumstances  the court
20    relied  upon,  along  with  any  relevant   documents,   that
21    compelled  the  court  to  non-concur with the sentence. This
22    document and any attachments shall be part of the record  for
23    appellate  review.  The  court  shall  be bound by the jury's
24    sentencing determination.
25        If  after  weighing  the  factors  in   aggravation   and
26    mitigation,  one  or more jurors determines that death is not
27    the appropriate sentence, Unless the jury  unanimously  finds
28    that  there  are no mitigating factors sufficient to preclude
29    the imposition of the death sentence the court shall sentence
30    the defendant to a term of imprisonment under  Chapter  V  of
31    the Unified Code of Corrections.
32        (h)  Procedure - No Jury.
33        In  a  proceeding  before  the  court alone, if the court
34    finds that none  of  the  factors  found  in  subsection  (b)
 
                            -20-     LRB093 04396 WGH 16236 a
 1    exists,  the  court shall sentence the defendant to a term of
 2    imprisonment  under  Chapter  V  of   the  Unified  Code   of
 3    Corrections.
 4        If  the  Court determines that one or more of the factors
 5    set forth in subsection (b) exists, the Court shall  consider
 6    any  aggravating  and  mitigating  factors  as  indicated  in
 7    subsection  (c).  If the Court determines, after weighing the
 8    factors in aggravation and  mitigation,  that  death  is  the
 9    appropriate  sentence  that  there  are no mitigating factors
10    sufficient to preclude the imposition of the death  sentence,
11    the Court shall sentence the defendant to death.
12        If  Unless  the  court finds that there are no mitigating
13    factors sufficient to preclude the imposition of the sentence
14    of death is not the appropriate  sentence,  the  court  shall
15    sentence  the  defendant  to  a  term  of  imprisonment under
16    Chapter V of the Unified Code of Corrections.
17        (h-5)  Decertification as a capital case.
18        In a case in which the defendant has been found guilty of
19    first degree murder by a judge or jury, or a case  on  remand
20    for resentencing, and the State seeks the death penalty as an
21    appropriate  sentence,  on  the  court's  own  motion  or the
22    written motion of the defendant, the court may decertify  the
23    case as a death penalty case if the court finds that the only
24    evidence   supporting   the  defendant's  conviction  is  the
25    uncorroborated testimony of an informant witness, as  defined
26    in  Section 115-21 of the Code of Criminal Procedure of 1963,
27    concerning the confession or admission of  the  defendant  or
28    that  the  sole  evidence  against  the defendant is a single
29    eyewitness   or   single   accomplice   without   any   other
30    corroborating evidence. If the court decertifies the case  as
31    a  capital  case under either of the grounds set forth above,
32    the court shall issue  a  written  finding.   The  State  may
33    pursue  its  right  to appeal the decertification pursuant to
34    Supreme  Court  Rule  604(a)(1).   If  the  court  does   not
 
                            -21-     LRB093 04396 WGH 16236 a
 1    decertify  the  case  as  a  capital  case,  the matter shall
 2    proceed to the eligibility phase of the sentencing hearing.
 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    The  Illinois  Supreme Court may overturn the death sentence,
 8    and order the imposition of imprisonment under Chapter  V  of
 9    the  Unified  Code of Corrections if the court finds that the
10    death sentence is fundamentally  unjust  as  applied  to  the
11    particular case. If the Illinois Supreme Court finds that the
12    death  sentence  is  fundamentally  unjust  as applied to the
13    particular case, independent of any  procedural  grounds  for
14    relief,  the  Illinois  Supreme  Court  shall issue a written
15    opinion explaining this finding.
16        (j)  Disposition of reversed death sentence.
17        In the event that the death penalty in this Act  is  held
18    to  be  unconstitutional  by  the Supreme Court of the United
19    States or of the State of Illinois, any person  convicted  of
20    first degree murder shall be sentenced by the court to a term
21    of  imprisonment  under  Chapter  V  of  the  Unified Code of
22    Corrections.
23        In the event that any  death  sentence  pursuant  to  the
24    sentencing   provisions   of   this   Section   is   declared
25    unconstitutional by the Supreme Court of the United States or
26    of  the State of Illinois, the court having jurisdiction over
27    a person  previously  sentenced  to  death  shall  cause  the
28    defendant to be brought before the court, and the court shall
29    sentence the  defendant  to  a  term  of  imprisonment  under
30    Chapter V of the Unified Code of Corrections.
31        (k)  Guidelines for seeking the death penalty.
32        The  Attorney  General  and State's Attorneys Association
33    shall  consult  on  voluntary   guidelines   for   procedures
34    governing  whether  or  not  to  seek the death penalty.  The
 
                            -22-     LRB093 04396 WGH 16236 a
 1    guidelines do not have the force of law and are only advisory
 2    in nature.
 3    (Source: P.A. 91-357,  eff.  7-29-99;  91-434,  eff.  1-1-00;
 4    92-854, eff. 12-5-02.)

 5        (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
 6        Sec.  14-3.   Exemptions.  The following activities shall
 7    be exempt from the provisions of this Article:
 8        (a)  Listening  to   radio,   wireless   and   television
 9    communications of any sort where the same are publicly made;
10        (b)  Hearing  conversation when heard by employees of any
11    common carrier by wire incidental to  the  normal  course  of
12    their  employment  in the operation, maintenance or repair of
13    the equipment of such common carrier by wire so  long  as  no
14    information  obtained  thereby  is  used  or  divulged by the
15    hearer;
16        (c)  Any broadcast  by  radio,  television  or  otherwise
17    whether  it  be  a  broadcast  or recorded for the purpose of
18    later broadcasts of any  function  where  the  public  is  in
19    attendance  and the conversations are overheard incidental to
20    the main purpose for which such  broadcasts  are  then  being
21    made;
22        (d)  Recording or listening with the aid of any device to
23    any  emergency  communication  made  in  the normal course of
24    operations by any federal, state  or  local  law  enforcement
25    agency   or   institutions  dealing  in  emergency  services,
26    including, but not limited to, hospitals, clinics,  ambulance
27    services,   fire   fighting  agencies,  any  public  utility,
28    emergency repair facility, civilian defense establishment  or
29    military installation;
30        (e)  Recording the proceedings of any meeting required to
31    be open by the Open Meetings Act, as amended;
32        (f)  Recording or listening with the aid of any device to
33    incoming  telephone  calls  of phone lines publicly listed or
 
                            -23-     LRB093 04396 WGH 16236 a
 1    advertised  as  consumer  "hotlines"  by   manufacturers   or
 2    retailers of food and drug products.  Such recordings must be
 3    destroyed,  erased  or  turned  over to local law enforcement
 4    authorities within 24 hours from the time of  such  recording
 5    and shall not be otherwise disseminated.  Failure on the part
 6    of the individual or business operating any such recording or
 7    listening  device  to  comply  with  the requirements of this
 8    subsection shall eliminate any  civil  or  criminal  immunity
 9    conferred  upon  that individual or business by the operation
10    of this Section;
11        (g)  With prior notification to the State's  Attorney  of
12    the  county  in  which it is to occur, recording or listening
13    with the aid of any device to any conversation  where  a  law
14    enforcement officer, or any person acting at the direction of
15    law  enforcement,  is  a  party  to  the conversation and has
16    consented  to  it  being  intercepted   or   recorded   under
17    circumstances  where  the  use of the device is necessary for
18    the protection of the law enforcement officer or  any  person
19    acting  at the direction of law enforcement, in the course of
20    an investigation of a forcible felony, a felony violation  of
21    the Illinois Controlled Substances Act, a felony violation of
22    the  Cannabis  Control  Act,  or  any "streetgang related" or
23    "gang-related" felony as  those  terms  are  defined  in  the
24    Illinois  Streetgang  Terrorism  Omnibus  Prevention Act. Any
25    recording or evidence derived as the result of this exemption
26    shall be inadmissible in any proceeding, criminal,  civil  or
27    administrative,  except (i) where a party to the conversation
28    suffers  great  bodily  injury  or  is  killed  during   such
29    conversation,  or  (ii)  when used as direct impeachment of a
30    witness concerning matters contained in the  interception  or
31    recording.   The  Director  of the Department of State Police
32    shall issue regulations as are necessary concerning  the  use
33    of   devices,  retention  of  tape  recordings,  and  reports
34    regarding their use;
 
                            -24-     LRB093 04396 WGH 16236 a
 1        (g-5)  With approval  of  the  State's  Attorney  of  the
 2    county  in  which it is to occur, recording or listening with
 3    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 in  the  course
 7    of  an investigation of any offense defined in Article 29D of
 8    this Code. In all such cases, an  application  for  an  order
 9    approving  the previous or continuing use of an eavesdropping
10    device must be made within 48 hours of  the  commencement  of
11    such  use.   In  the  absence  of  such an order, or upon its
12    denial, any continuing use shall immediately  terminate.  The
13    Director  of  State Police shall issue rules as are necessary
14    concerning the use of devices, retention of tape  recordings,
15    and reports regarding their use.
16        Any  recording  or  evidence  obtained  or derived in the
17    course of an investigation of any offense defined in  Article
18    29D  of  this Code shall, upon motion of the State's Attorney
19    or Attorney General prosecuting any violation of Article 29D,
20    be reviewed in camera with notice to all parties  present  by
21    the  court presiding over the criminal case, and, if ruled by
22    the court to be relevant and otherwise admissible,  it  shall
23    be admissible at the trial of the criminal case.
24        This subsection (g-5) is inoperative on and after January
25    1,  2005.  No conversations recorded or monitored pursuant to
26    this subsection (g-5) shall be inadmissable in a court of law
27    by virtue of the repeal of this subsection (g-5)  on  January
28    1, 2005;.
29        (h)  Recordings   made   simultaneously   with   a  video
30    recording of an oral conversation between  a  peace  officer,
31    who  has  identified  his or her office, and a person stopped
32    for an investigation of an offense under the Illinois Vehicle
33    Code;
34        (i)  Recording of  a  conversation  made  by  or  at  the
 
                            -25-     LRB093 04396 WGH 16236 a
 1    request  of  a person, not a law enforcement officer or agent
 2    of  a  law  enforcement  officer,  who  is  a  party  to  the
 3    conversation, under reasonable suspicion that  another  party
 4    to the conversation is committing, is about to commit, or has
 5    committed  a  criminal offense against the person or a member
 6    of his or her immediate household, and  there  is  reason  to
 7    believe that evidence of the criminal offense may be obtained
 8    by the recording; and
 9        (j)  The  use  of a telephone monitoring device by either
10    (1)  a  corporation  or  other  business  entity  engaged  in
11    marketing or opinion research or (2) a corporation  or  other
12    business entity engaged in telephone solicitation, as defined
13    in  this  subsection,  to  record or listen to oral telephone
14    solicitation conversations or marketing or  opinion  research
15    conversations  by  an  employee  of  the corporation or other
16    business entity when:
17             (i)  the monitoring  is  used  for  the  purpose  of
18        service  quality control of marketing or opinion research
19        or telephone solicitation, the education or  training  of
20        employees  or contractors engaged in marketing or opinion
21        research or telephone solicitation, or internal  research
22        related  to  marketing  or  opinion research or telephone
23        solicitation; and
24             (ii)  the monitoring is used with the consent of  at
25        least  one person who is an active party to the marketing
26        or   opinion   research   conversation    or    telephone
27        solicitation conversation being monitored.
28        No communication or conversation or any part, portion, or
29    aspect  of  the communication or conversation made, acquired,
30    or obtained, directly or  indirectly,  under  this  exemption
31    (j),  may  be,  directly  or indirectly, furnished to any law
32    enforcement officer, agency, or official for any  purpose  or
33    used  in  any  inquiry or investigation, or used, directly or
34    indirectly,  in  any  administrative,  judicial,   or   other
 
                            -26-     LRB093 04396 WGH 16236 a
 1    proceeding, or divulged to any third party.
 2        When recording or listening authorized by this subsection
 3    (j) on telephone lines used for marketing or opinion research
 4    or  telephone  solicitation  purposes results in recording or
 5    listening to a conversation that does not relate to marketing
 6    or opinion research or  telephone  solicitation;  the  person
 7    recording  or  listening  shall, immediately upon determining
 8    that the conversation does not relate to marketing or opinion
 9    research or telephone solicitation, terminate  the  recording
10    or  listening  and  destroy  any such recording as soon as is
11    practicable.
12        Business entities that  use  a  telephone  monitoring  or
13    telephone  recording  system  pursuant  to this exemption (j)
14    shall provide current and prospective employees  with  notice
15    that the monitoring or recordings may occur during the course
16    of  their  employment.   The  notice  shall include prominent
17    signage notification within the workplace.
18        Business entities that  use  a  telephone  monitoring  or
19    telephone  recording  system  pursuant  to this exemption (j)
20    shall provide  their  employees  or  agents  with  access  to
21    personal-only  telephone  lines  which may be pay telephones,
22    that are not subject to  telephone  monitoring  or  telephone
23    recording.
24        For  the  purposes  of  this  subsection  (j), "telephone
25    solicitation" means a communication  through  the  use  of  a
26    telephone by live operators:
27             (i)  soliciting the sale of goods or services;
28             (ii)  receiving  orders  for  the  sale  of goods or
29        services;
30             (iii)  assisting in the use of goods or services; or
31             (iv)  engaging in the solicitation,  administration,
32        or collection of bank or retail credit accounts.
33        For  the  purposes  of this subsection (j), "marketing or
34    opinion research"  means  a  marketing  or  opinion  research
 
                            -27-     LRB093 04396 WGH 16236 a
 1    interview  conducted  by a live telephone interviewer engaged
 2    by a corporation or other  business  entity  whose  principal
 3    business  is  the  design, conduct, and analysis of polls and
 4    surveys measuring the opinions, attitudes, and  responses  of
 5    respondents  toward  products  and  services,  or  social  or
 6    political issues, or both; and
 7        (k)  Recording  the  interview or statement of any person
 8    when the person knows that the interview is  being  conducted
 9    by  a law enforcement officer or prosecutor and the interview
10    takes  place  at  a  police   station   that   is   currently
11    participating   in  the  Custodial  Interview  Pilot  Program
12    established under the Illinois Criminal  Justice  Information
13    Act.
14    (Source: P.A. 91-357, eff. 7-29-99; 92-854, eff. 12-5-02.)

15        Section  15.  The  Code  of Criminal Procedure of 1963 is
16    amended  by  changing  Sections  114-13,  116-3,  122-1,  and
17    122-2.1 and adding Article 107A and Sections 114-15,  115-21,
18    115-22, 116-5, and 122-2.2 as follows:

19        (725 ILCS 5/107A Art. heading new)
20          ARTICLE 107A.  LINEUP AND PHOTO SPREAD PROCEDURE

21        (725 ILCS 5/107A-5 new)
22        Sec. 107A-5.  Lineup and photo spread procedure.
23        (a)  All  lineups  shall  be  photographed  or  otherwise
24    recorded. These photographs shall be disclosed to the accused
25    and  his  or her defense counsel during discovery proceedings
26    as provided in Illinois Supreme Court Rules. All  photographs
27    of  suspects  shown  to an eyewitness during the photo spread
28    shall be disclosed to the accused  and  his  or  her  defense
29    counsel  during discovery proceedings as provided in Illinois
30    Supreme Court Rules.
31        (b)  Each eyewitness who views a lineup or  photo  spread
 
                            -28-     LRB093 04396 WGH 16236 a
 1    shall sign a form containing the following information:
 2             (1)  The suspect might not be in the lineup or photo
 3        spread  and  the  eyewitness  is not obligated to make an
 4        identification.
 5             (2)  The  eyewitness  should  not  assume  that  the
 6        person administering the lineup  or  photo  spread  knows
 7        which person is the suspect in the case.
 8        (c)  Suspects  in  a  lineup  or  photo spread should not
 9    appear  to  be  substantially  different  from  "fillers"  or
10    "distracters" in the lineup or photo  spread,  based  on  the
11    eyewitness' previous description of the perpetrator, or based
12    on other factors that would draw attention to the suspect.

13        (725 ILCS 5/107A-10 new)
14        Sec.   107A-10.  Pilot   study   on   sequential   lineup
15    procedures.
16        (a)  Legislative  intent.  Because  the  goal of a police
17    investigation  is  to  apprehend  the   person   or   persons
18    responsible for committing a crime, it is useful to conduct a
19    pilot  study  in  the  field  on  the  effectiveness  of  the
20    sequential method for lineup procedures.
21        (b)  Establishment of pilot jurisdictions. The Department
22    of   State  Police  shall  select  3  police  departments  to
23    participate in a one-year pilot study on the effectiveness of
24    the sequential  lineup  method  for  photo  and  live  lineup
25    procedures.  One  such  pilot  jurisdiction shall be a police
26    district within a police department in a  municipality  whose
27    population  is  at  least  500,000  residents; one such pilot
28    jurisdiction shall be a police department in  a  municipality
29    whose  population  is at least 100,000 but less than 500,000;
30    and one such pilot jurisdiction shall be a police  department
31    in  a municipality whose population is less than 100,000. All
32    such pilot jurisdictions shall  be  selected  no  later  than
33    January 1, 2004.
 
                            -29-     LRB093 04396 WGH 16236 a
 1        (c)  Sequential lineup procedures in pilot jurisdictions.
 2    For  any  offense  alleged  to have been committed in a pilot
 3    jurisdiction on or after January  1,  2004,  selected  lineup
 4    identification procedure shall be presented in the sequential
 5    method in which a witness is shown lineup participants one at
 6    a time, using the following procedures:
 7             (1)  The witness shall be requested to state whether
 8        the  individual  shown  is  the  perpetrator of the crime
 9        prior to viewing the next lineup  participant.  Only  one
10        member of the lineup shall be a suspect and the remainder
11        shall  be  "fillers"  who  are  not  suspects but fit the
12        general description of the offender without  the  suspect
13        unduly standing out;
14             (2)  The  lineup  administrator,  when  feasible for
15        municipalities under 100,000, shall be someone who is not
16        aware of which member of the lineup is the suspect in the
17        case; and
18             (3)  Prior  to  presenting  the  lineup  using   the
19        sequential method the lineup administrator shall:
20                  (A)  Inform  the  witness  that the perpetrator
21             may or may not be among those shown, and the witness
22             should not feel compelled to make an identification;
23                  (B)  Inform the witness that  he  or  she  will
24             view individuals one at a time and will be requested
25             to   state  whether  the  individual  shown  is  the
26             perpetrator of the crime, prior to viewing the  next
27             lineup participant; and
28                  (C)  Ask the witness to state in his or her own
29             words  how  sure  he  or  she  is  that  the  person
30             identified  is  the  actual  offender.   During  the
31             statement,  or  as  soon  thereafter  as  reasonably
32             possible,   the  witness's  actual  words  shall  be
33             documented.
34        (d)  Application.  This Section applies to selected  live
 
                            -30-     LRB093 04396 WGH 16236 a
 1    lineups  that  are composed and presented at a police station
 2    and to selected photo lineups regardless of where  presented;
 3    provided   that   this  Section  does  not  apply  in  police
 4    investigations  in  which  a  spontaneous  identification  is
 5    possible and no lineup procedure is being used. This  Section
 6    does  not affect the right to counsel afforded by the U.S. or
 7    Illinois Constitutions  or  State  law  at  any  stage  of  a
 8    criminal proceeding.
 9        (e)  Selection     of    lineups.    The    participating
10    jurisdictions shall develop a protocol for the selection  and
11    administration  of  lineups  which  is practical, designed to
12    elicit information for comparative evaluation  purposes,  and
13    is consistent with objective scientific research methodology.
14        (f)  Training and administrators. The Department of State
15    Police  shall offer training to police officers and any other
16    appropriate personnel on the sequential method of  conducting
17    lineup   procedures   in  the  pilot  jurisdictions  and  the
18    requirements of this Section. The Department of State  Police
19    may  seek  funding  for  training and administration from the
20    Illinois  Criminal  Justice  Information  Authority  and  the
21    Illinois  Law  Enforcement  Training   Standards   Board   if
22    necessary.
23        (g)  Report  on the pilot study.  The Department of State
24    Police  shall   gather   information   from   each   of   the
25    participating   police   departments   selected  as  a  pilot
26    jurisdiction  with  respect  to  the  effectiveness  of   the
27    sequential  method  for  lineup  procedures  and shall file a
28    report of its findings with  the  Governor  and  the  General
29    Assembly no later than April 1, 2005.

30        (725 ILCS 5/114-13) (from Ch. 38, par. 114-13)
31        Sec. 114-13.  Discovery in criminal cases.
32        (a)  Discovery  procedures  in criminal cases shall be in
33    accordance with Supreme Court Rules.
 
                            -31-     LRB093 04396 WGH 16236 a
 1        (b)  Any public investigative, law enforcement, or  other
 2    public  agency  responsible  for  investigating  any homicide
 3    offense or participating in an investigation of any  homicide
 4    offense,  other  than defense investigators, shall provide to
 5    the  authority  prosecuting  the  offense  all  investigative
 6    material, including but not limited  to  reports,  memoranda,
 7    and  field  notes,  that  have been generated by or have come
 8    into the possession of the  investigating  agency  concerning
 9    the  homicide  offense  being  investigated. In addition, the
10    investigating  agency  shall  provide  to   the   prosecuting
11    authority  any  material  or  information,  including but not
12    limited to reports, memoranda, and field  notes,  within  its
13    possession  or control that would tend to negate the guilt of
14    the accused of the offense  charged  or  reduce  his  or  her
15    punishment  for the homicide offense. Every investigative and
16    law enforcement agency in this State shall adopt policies  to
17    ensure  compliance  with  these standards. Any investigative,
18    law enforcement,  or  other  public  agency  responsible  for
19    investigating    any   "non-homicide   felony"   offense   or
20    participating  in  an  investigation  of  any   "non-homicide
21    felony"  offense,  other  than  defense  investigators, shall
22    provide  to  the  authority  prosecuting  the   offense   all
23    investigative  material, including but not limited to reports
24    and memoranda that have been generated by or have  come  into
25    the  possession  of  the  investigating agency concerning the
26    "non-homicide  felony"  offense   being   investigated.    In
27    addition,  the  investigating  agency  shall  provide  to the
28    prosecuting authority any material or information,  including
29    but   not  limited  to  reports  and  memoranda,  within  its
30    possession or control that would tend to negate the guilt  of
31    the  accused  of the "non-homicide felony" offense charged or
32    reduce his or her punishment for  the  "non-homicide  felony"
33    offense.    This  obligation  to furnish exculpatory evidence
34    exists whether the information was recorded or documented  in
 
                            -32-     LRB093 04396 WGH 16236 a
 1    any  form.  Every investigative and law enforcement agency in
 2    this State shall adopt policies  to  ensure  compliance  with
 3    these standards.
 4    (Source: Laws 1963, p. 2836.)

 5        (725 ILCS 5/114-15 new)
 6        Sec. 114-15.  Mental retardation.
 7        (a)  In  a  first  degree  murder case in which the State
 8    seeks the death penalty as an appropriate sentence, any party
 9    may raise the issue of the defendant's mental retardation  by
10    motion.  A defendant wishing to raise the issue of his or her
11    mental retardation shall provide written notice to the  State
12    and  the  court  as soon as the defendant reasonably believes
13    such issue will be raised.
14        (b)  The issue  of  the  defendant's  mental  retardation
15    shall be determined in a pretrial hearing. The court shall be
16    the  fact  finder  on  the  issue  of  the defendant's mental
17    retardation and shall determine the issue by a  preponderance
18    of  evidence  in  which  the  moving  party has the burden of
19    proof. The court may appoint an expert in the field of mental
20    retardation. The defendant and the State  may  offer  experts
21    from  the  field  of  mental  retardation.  The  court  shall
22    determine  admissibility  of evidence and qualification as an
23    expert.
24        (c)  If after a plea of guilty to first degree murder, or
25    a finding of guilty of first degree murder in a bench  trial,
26    or  a  verdict  of  guilty  for first degree murder in a jury
27    trial, or on a matter remanded from  the  Supreme  Court  for
28    sentencing  for  first degree murder, and the State seeks the
29    death penalty as an appropriate sentence, the  defendant  may
30    raise  the  issue  of  defendant's  mental retardation not at
31    eligibility but at aggravation and mitigation.  The defendant
32    and the State may offer experts  from  the  field  of  mental
33    retardation.   The  court  shall  determine  admissibility of
 
                            -33-     LRB093 04396 WGH 16236 a
 1    evidence and qualification as an expert.
 2        (d)  In determining whether  the  defendant  is  mentally
 3    retarded,  the mental retardation must have manifested itself
 4    by  the  age  of  18.    IQ  tests  and  psychometric   tests
 5    administered  to  the  defendant  must  be  the kind and type
 6    recognized by experts in the field of mental retardation.  In
 7    order for the defendant to be considered mentally retarded, a
 8    low  IQ  must  be  accompanied  by  significant  deficits  in
 9    adaptive behavior in at least 2 of the following skill areas:
10    communication,  self-care,  social  or  interpersonal skills,
11    home living, self-direction, academics,  health  and  safety,
12    use  of  community  resources,  and  work.    An intelligence
13    quotient (IQ) of 75  or  below  is  presumptive  evidence  of
14    mental retardation.
15        (e)  Evidence  of  mental retardation that did not result
16    in  disqualifying  the  case  as  a  capital  case,  may   be
17    introduced   as  evidence  in  mitigation  during  a  capital
18    sentencing hearing. A failure of the court to determine  that
19    the  defendant  is  mentally  retarded  does not preclude the
20    court during trial from allowing evidence relating to  mental
21    disability should the court deem it appropriate.
22        (f)  If  the  court  determines  at a pretrial hearing or
23    after remand that a capital defendant is  mentally  retarded,
24    and  the State does not appeal pursuant to Supreme Court Rule
25    604, the case shall no longer be considered  a  capital  case
26    and  the  procedural guidelines established for capital cases
27    shall no longer be applicable  to  the  defendant.   In  that
28    case,  the  defendant shall be sentenced under the sentencing
29    provisions of Chapter V of the Unified Code of Corrections.

30        (725 ILCS 5/115-21 new)
31        Sec. 115-21.  Informant testimony.
32        (a)  For the purposes of this Section, "informant"  means
33    someone who is purporting to testify about admissions made to
 
                            -34-     LRB093 04396 WGH 16236 a
 1    him  or  her  by  the  accused  while incarcerated in a penal
 2    institution contemporaneously.
 3        (b)  This Section applies to any capital  case  in  which
 4    the   prosecution   attempts   to   introduce   evidence   of
 5    incriminating  statements made by the accused to or overheard
 6    by an informant.
 7        (c)  In any case  under  this  Section,  the  prosecution
 8    shall timely disclose in discovery:
 9             (1)  the complete criminal history of the informant;
10             (2)  any  deal, promise, inducement, or benefit that
11        the offering party has made or will make in the future to
12        the informant;
13             (3)  the statements made by the accused;
14             (4)  the time and place of the statements, the  time
15        and   place   of  their  disclosure  to  law  enforcement
16        officials, and the names of all persons who were  present
17        when the statements were made;
18             (5)  whether at any time the informant recanted that
19        testimony  or statement and, if so, the time and place of
20        the recantation, the nature of the recantation,  and  the
21        names of the persons who were present at the recantation;
22             (6)  other  cases  in which the informant testified,
23        provided that the existence  of  such  testimony  can  be
24        ascertained  through  reasonable  inquiry and whether the
25        informant received any promise, inducement, or benefit in
26        exchange  for  or  subsequent  to   that   testimony   or
27        statement; and
28             (7)  any   other   information   relevant   to   the
29        informant's credibility.
30        (d)  In any case under this Section, the prosecution must
31    timely  disclose  its intent to introduce the testimony of an
32    informant.  The court shall conduct a  hearing  to  determine
33    whether  the  testimony  of the informant is reliable, unless
34    the defendant waives such  a  hearing.   If  the  prosecution
 
                            -35-     LRB093 04396 WGH 16236 a
 1    fails  to  show  by  a preponderance of the evidence that the
 2    informant's testimony is reliable, the court shall not  allow
 3    the  testimony  to  be  heard at trial.  At this hearing, the
 4    court shall consider the factors enumerated in subsection (c)
 5    as well as any other factors relating to reliability.
 6        (e)  A hearing required under  subsection  (d)  does  not
 7    apply  to  statements  covered  under subsection (b) that are
 8    lawfully recorded.
 9        (f)  This  Section   applies   to   all   death   penalty
10    prosecutions initiated on or after the effective date of this
11    amendatory Act of the 93rd General Assembly.

12        (725 ILCS 5/115-22 new)
13        Sec.   115-22.  Witness   inducements.   When  the  State
14    intends to introduce the testimony of a witness in a  capital
15    case,   the  State  shall,  before  trial,  disclose  to  the
16    defendant and to his or her  defense  counsel  the  following
17    information, which shall be reduced to writing:
18             (1)  whether   the  witness  has  received  or  been
19        promised   anything,   including   pay,   immunity   from
20        prosecution,  leniency  in   prosecution,   or   personal
21        advantage, in exchange for testimony;
22             (2)  any  other  case in which the witness testified
23        or offered statements against an individual but  was  not
24        called,  and  whether the statements were admitted in the
25        case, and whether the witness received any deal, promise,
26        inducement, or benefit in exchange for that testimony  or
27        statement;  provided that the existence of such testimony
28        can be ascertained through reasonable inquiry;
29             (3)  whether the witness has ever changed his or her
30        testimony;
31             (4)  the criminal history of the witness; and
32             (5)  any other evidence relevant to the  credibility
33        of the witness.
 
                            -36-     LRB093 04396 WGH 16236 a
 1        (725 ILCS 5/116-3)
 2        Sec.  116-3.  Motion  for fingerprint or forensic testing
 3    not available at trial regarding actual innocence.
 4        (a)  A defendant may make a motion before the trial court
 5    that entered the judgment of conviction in his  or  her  case
 6    for  the  performance of fingerprint or forensic DNA testing,
 7    including comparison analysis of genetic marker groupings  of
 8    the  evidence collected by criminal justice agencies pursuant
 9    to the alleged offense, to those of the defendant,  to  those
10    of  other  forensic  evidence,  and to those maintained under
11    subsection (f) of  Section  5-4-3  of  the  Unified  Code  of
12    Corrections,  on evidence that was secured in relation to the
13    trial which resulted in his or her conviction, but which  was
14    not subject to the testing which is now requested because the
15    technology  for  the testing was not available at the time of
16    trial.  Reasonable notice of the motion shall be served  upon
17    the State.
18        (b)  The defendant must present a prima facie case that:
19             (1)  identity  was  the  issue  in  the  trial which
20        resulted in his or her conviction; and
21             (2)  the evidence to be tested has been subject to a
22        chain of custody sufficient to establish that it has  not
23        been  substituted, tampered with, replaced, or altered in
24        any material aspect.
25        (c)  The  trial  court  shall  allow  the  testing  under
26    reasonable  conditions  designed  to  protect   the   State's
27    interests  in  the  integrity of the evidence and the testing
28    process upon a determination that:
29             (1)  the result of the testing  has  the  scientific
30        potential   to   produce   new,   noncumulative  evidence
31        materially  relevant  to  the  defendant's  assertion  of
32        actual  innocence  even  though  the  results   may   not
33        completely exonerate the defendant;
34             (2)  the  testing  requested  employs  a  scientific
 
                            -37-     LRB093 04396 WGH 16236 a
 1        method  generally accepted within the relevant scientific
 2        community.
 3    (Source: P.A. 90-141, eff. 1-1-98.)

 4        (725 ILCS 5/116-5 new)
 5        Sec. 116-5.  Motion  for  DNA  database  search  (genetic
 6    marker groupings comparison analysis).
 7        (a)  Upon  motion by a defendant charged with any offense
 8    where  DNA  evidence  may  be   material   to   the   defense
 9    investigation  or  relevant at trial, a court may order a DNA
10    database search by  the  Department  of  State  Police.  Such
11    analysis may include comparing:
12             (1)  the genetic profile from forensic evidence that
13        was  secured in relation to the trial against the genetic
14        profile of the defendant,
15             (2)  the  genetic  profile  of  items  of   forensic
16        evidence  secured  in  relation  to  trial to the genetic
17        profile of other forensic evidence secured in relation to
18        trial, or
19             (3)  the   genetic   profiles   referred    to    in
20        subdivisions (1) and (2) against:
21                  (i)  genetic  profiles  of offenders maintained
22             under subsection (f) of Section 5-4-3 of the Unified
23             Code of Corrections, or
24                  (ii)  genetic  profiles,  including   but   not
25             limited to, profiles from unsolved crimes maintained
26             in  state  or local DNA databases by law enforcement
27             agencies.
28        (b)  If appropriate federal criteria are met,  the  court
29    may  order  the  Department  of  State  Police to request the
30    National DNA index system to search its database  of  genetic
31    profiles.
32        (c)  If    requested    by   the   defense,   a   defense
33    representative shall be allowed to view  any  genetic  marker
 
                            -38-     LRB093 04396 WGH 16236 a
 1    grouping  analysis  conducted  by  the  Department  of  State
 2    Police.  The  defense  shall  be  provided with copies of all
 3    documentation,     correspondence,     including      digital
 4    correspondence,  notes,  memoranda,  and reports generated in
 5    relation to the analysis.
 6        (d)  Reasonable notice of the motion shall be served upon
 7    the State.

 8        (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
 9        Sec. 122-1. Petition in the trial court.
10        (a)  Any  person  imprisoned  in  the  penitentiary   may
11    institute  a  proceeding under this Article if the person who
12    asserts that:
13             (1)  in the proceedings which resulted in his or her
14        conviction there was a substantial denial of his  or  her
15        rights  under the Constitution of the United States or of
16        the State  of  Illinois  or  both;  or  may  institute  a
17        proceeding under this Article.
18             (2)  the  death  penalty  was  imposed  and there is
19        newly discovered evidence not available to the person  at
20        the  time  of  the proceeding that resulted in his or her
21        conviction  that  establishes  a  substantial  basis   to
22        believe  that the defendant is actually innocent by clear
23        and convincing evidence.
24        (a-5)  A proceeding under paragraph (2) of subsection (a)
25    may be commenced within a reasonable period of time after the
26    person's conviction notwithstanding any other  provisions  of
27    this   Article.   In   such  a  proceeding  regarding  actual
28    innocence, if the court determines the petition is  frivolous
29    or  is  patently without merit, it shall dismiss the petition
30    in a written order,  specifying  the  findings  of  fact  and
31    conclusions  of  law  it  made in reaching its decision. Such
32    order of dismissal is a final judgment and  shall  be  served
33    upon  the  petitioner by certified mail within 10 days of its
 
                            -39-     LRB093 04396 WGH 16236 a
 1    entry.
 2        (b)  The proceeding shall be commenced by filing with the
 3    clerk of the court in  which  the  conviction  took  place  a
 4    petition   (together   with   a  copy  thereof)  verified  by
 5    affidavit.  Petitioner shall also serve another copy upon the
 6    State's Attorney by any of the methods provided in Rule 7  of
 7    the  Supreme  Court.  The clerk shall docket the petition for
 8    consideration by the court pursuant to Section  122-2.1  upon
 9    his or her receipt thereof and bring the same promptly to the
10    attention of the court.
11        (c)  Except as otherwise provided in subsection (a-5), if
12    the  petitioner  is  under  sentence of death, no proceedings
13    under this Article shall be  commenced  more  than  6  months
14    after  the  denial of a petition for certiorari to the United
15    States Supreme Court on direct appeal, or more than 6  months
16    from  the  date  for filing such a petition if none is filed,
17    unless the petitioner alleges facts showing  that  the  delay
18    was not due to his or her culpable negligence.
19        When  a  defendant  has  a  sentence other than death, no
20    proceedings under this Article shall be commenced more than 6
21    months after the denial of the Petition for Leave  to  Appeal
22    to the Illinois Supreme Court, or more than 6 months from the
23    date  for filing such a petition if none is filed, unless the
24    petitioner alleges facts showing that the delay was  not  due
25    to his or her culpable negligence.
26        This  limitation does not apply to a petition advancing a
27    claim of actual innocence. no proceedings under this  Article
28    shall  be  commenced more than 6 months after the denial of a
29    petition for leave  to appeal or the date for filing  such  a
30    petition  if  none  is  filed  or more than 45 days after the
31    defendant files his  or  her  brief  in  the  appeal  of  the
32    sentence  before  the Illinois Supreme Court (or more than 45
33    days after the deadline for the  filing  of  the  defendant's
34    brief  with  the Illinois Supreme Court if no brief is filed)
 
                            -40-     LRB093 04396 WGH 16236 a
 1    or 3 years from the date of conviction, whichever is  sooner,
 2    unless  the  petitioner  alleges facts showing that the delay
 3    was not due to his or her culpable negligence.
 4        (d)  A person seeking relief by filing a  petition  under
 5    this Section must specify in the petition or its heading that
 6    it  is  filed  under  this  Section.   A trial court that has
 7    received a petition complaining of a conviction  or  sentence
 8    that  fails to specify in the petition or its heading that it
 9    is filed under this Section need not evaluate the petition to
10    determine whether it could otherwise have stated some grounds
11    for relief under this Article.
12        (e)  A proceeding under this Article may not be commenced
13    on behalf of a defendant who  has  been  sentenced  to  death
14    without  the  written  consent  of  the defendant, unless the
15    defendant, because of a  mental  or  physical  condition,  is
16    incapable of asserting his or her own claim.
17    (Source:  P.A.  89-284,  eff.  1-1-96;  89-609,  eff. 1-1-97;
18    89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)

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
 
                            -41-     LRB093 04396 WGH 16236 a
 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. Continuances may be granted as the court  deems
12    appropriate.
13        (c)  In  considering a petition pursuant to this Section,
14    the court may examine the court file  of  the  proceeding  in
15    which  the  petitioner  was convicted, any action taken by an
16    appellate court in such proceeding  and  any  transcripts  of
17    such proceeding.
18    (Source: P.A. 86-655; 87-904.)

19        (725 ILCS 5/122-2.2 new)
20        Sec.  122-2.2.  Mental  retardation  and  post-conviction
21    relief.
22        (a)  In   cases   where   no   determination   of  mental
23    retardation was made and a defendant has  been  convicted  of
24    first-degree  murder,  sentenced  to death, and is in custody
25    pending execution of the sentence  of  death,  the  following
26    procedures shall apply:
27             (1)  Notwithstanding  any  other provision of law or
28        rule of court, a defendant may seek relief from the death
29        sentence through a petition  for  post-conviction  relief
30        under  this  Article  alleging  that  the  defendant  was
31        mentally  retarded  as  defined  in Section 114-15 at the
32        time the offense was alleged to have been committed.
33             (2)  The petition must be filed within 180  days  of
 
                            -42-     LRB093 04396 WGH 16236 a
 1        the  effective  date  of  this amendatory Act of the 93rd
 2        General Assembly or within 180 days of  the  issuance  of
 3        the  mandate  by  the  Illinois Supreme Court setting the
 4        date of execution, whichever is later.
 5        (3)  All  other  provisions  of  this  Article  governing
 6    petitions  for  post-conviction  relief  shall  apply  to   a
 7    petition   for   post-conviction   relief   alleging   mental
 8    retardation.

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

11        (725 ILCS 124/15)
12        (Section scheduled to be repealed on July 1, 2004)
13        Sec. 15.  Capital Litigation Trust Fund.
14        (a)  The  Capital  Litigation  Trust Fund is created as a
15    special fund in the State Treasury.  The Trust Fund shall  be
16    administered by the State Treasurer to provide moneys for the
17    appropriations   to  be  made,  grants  to  be  awarded,  and
18    compensation and expenses to be paid under  this  Act.    All
19    interest  earned  from  the  investment  or deposit of moneys
20    accumulated in the Trust Fund shall, under Section 4.1 of the
21    State Finance Act,  be deposited into the Trust Fund.
22        (b)  Moneys deposited into the Trust Fund  shall  not  be
23    considered general revenue of the State of Illinois.
24        (c)  Moneys  deposited  into the Trust Fund shall be used
25    exclusively for the purposes of  providing  funding  for  the
26    prosecution  and defense of capital cases as provided in this
27    Act and shall not be appropriated, loaned, or in  any  manner
28    transferred  to  the  General  Revenue  Fund  of the State of
29    Illinois.
30        (d)  Every fiscal year the State Treasurer shall transfer
31    from the General Revenue Fund to the Capital Litigation Trust
32    Fund  an  amount  equal  to  the  full   amount   of   moneys
 
                            -43-     LRB093 04396 WGH 16236 a
 1    appropriated  by  the  General Assembly (both by original and
 2    supplemental appropriation), less any unexpended balance from
 3    the previous fiscal year, from the Capital  Litigation  Trust
 4    Fund for the specific purpose of making funding available for
 5    the  prosecution  and  defense  of capital cases.  The Public
 6    Defender and State's  Attorney  in  Cook  County,  the  State
 7    Appellate   Defender,   the   State's   Attorneys   Appellate
 8    Prosecutor,  and  the  Attorney  General  shall  make  annual
 9    requests for appropriations from the Trust Fund.
10             (1)  The   Public  Defender  in  Cook  County  shall
11        request  appropriations  to  the  State   Treasurer   for
12        expenses  incurred by the Public Defender and for funding
13        for private appointed defense counsel in Cook  County.
14             (2)  The  State's  Attorney  in  Cook  County  shall
15        request an  appropriation  to  the  State  Treasurer  for
16        expenses incurred by the State's Attorney.
17             (3)  The  State  Appellate  Defender shall request a
18        direct appropriation from the  Trust  Fund  for  expenses
19        incurred  by  the  State  Appellate Defender in providing
20        assistance  to  trial  attorneys  under  item  (c)(5)  of
21        Section 10 of the State Appellate  Defender  Act  and  an
22        appropriation  to  the  State Treasurer for payments from
23        the Trust Fund for the defense of cases in counties other
24        than Cook County.
25             (4)  The  State's  Attorneys  Appellate   Prosecutor
26        shall  request a direct appropriation from the Trust Fund
27        to  pay  expenses  incurred  by  the  State's   Attorneys
28        Appellate  Prosecutor  and  an appropriation to the State
29        Treasurer for payments from the Trust Fund  for  expenses
30        incurred by State's Attorneys in counties other than Cook
31        County.
32             (5)  The  Attorney  General  shall  request a direct
33        appropriation  from  the  Trust  Fund  to  pay   expenses
34        incurred by the Attorney General in assisting the State's
 
                            -44-     LRB093 04396 WGH 16236 a
 1        Attorneys in counties other than Cook County.
 2        The  Public Defender and State's Attorney in Cook County,
 3    the State Appellate Defender, the State's Attorneys Appellate
 4    Prosecutor,  and  the  Attorney  General  may  each   request
 5    supplemental  appropriations  from  the Trust Fund during the
 6    fiscal year.
 7        (e)  Moneys in the Trust Fund shall be expended  only  as
 8    follows:
 9             (1)  To   pay   the   State   Treasurer's  costs  to
10        administer the Trust Fund.  The amount for  this  purpose
11        may  not  exceed  5% in any one fiscal year of the amount
12        otherwise appropriated from the Trust Fund  in  the  same
13        fiscal year.
14             (2)  To pay the capital litigation expenses of trial
15        defense  including,  but  not  limited  to,  DNA testing,
16        including DNA testing under Section 116-3 of the Code  of
17        Criminal   Procedure   of   1963,  analysis,  and  expert
18        testimony, investigatory and  other  assistance,  expert,
19        forensic,    and    other   witnesses,   and   mitigation
20        specialists,  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
 
                            -45-     LRB093 04396 WGH 16236 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
 
                            -46-     LRB093 04396 WGH 16236 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.
 
                            -47-     LRB093 04396 WGH 16236 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:
 
                            -48-     LRB093 04396 WGH 16236 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
 
                            -49-     LRB093 04396 WGH 16236 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 Section 5-4-3 as follows:

26        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
27        Sec. 5-4-3.  Persons convicted of,  or  found  delinquent
28    for,   certain  offenses  or  institutionalized  as  sexually
29    dangerous; specimens; genetic marker groups.
30        (a)  Any person convicted  of,  found  guilty  under  the
31    Juvenile Court Act of 1987 for, or who received a disposition
 
                            -50-     LRB093 04396 WGH 16236 a
 1    of  court supervision for, a qualifying offense or attempt of
 2    a qualifying  offense,  convicted  or  found  guilty  of  any
 3    offense  classified  as  a  felony  under Illinois law, found
 4    guilty or given supervision for any offense classified  as  a
 5    felony   under   the   Juvenile   Court   Act   of  1987,  or
 6    institutionalized as a sexually dangerous  person  under  the
 7    Sexually  Dangerous  Persons  Act, or committed as a sexually
 8    violent person under the Sexually Violent Persons  Commitment
 9    Act shall, regardless of the sentence or disposition imposed,
10    be  required  to submit specimens of blood, saliva, or tissue
11    to the Illinois Department of State Police in accordance with
12    the provisions of this Section, provided such person is:
13             (1)  convicted of a qualifying offense or attempt of
14        a qualifying  offense  on  or  after  July  1,  1990  the
15        effective  date  of  this  amendatory  Act  of  1989, and
16        sentenced   to   a   term   of   imprisonment,   periodic
17        imprisonment, fine, probation, conditional  discharge  or
18        any  other  form  of  sentence, or given a disposition of
19        court supervision for the offense;, or
20             (1.5)  found guilty or given supervision  under  the
21        Juvenile  Court  Act  of 1987 for a qualifying offense or
22        attempt of a qualifying offense on or  after  January  1,
23        1997;  the effective date of this amendatory Act of 1996,
24        or
25             (2)  ordered   institutionalized   as   a   sexually
26        dangerous person on or after July 1, 1990; the  effective
27        date of this amendatory Act of 1989, or
28             (3)  convicted of a qualifying offense or attempt of
29        a  qualifying  offense  before July 1, 1990 the effective
30        date of this amendatory Act  of  1989  and  is  presently
31        confined  as  a  result  of  such conviction in any State
32        correctional facility or  county  jail  or  is  presently
33        serving a sentence of probation, conditional discharge or
34        periodic imprisonment as a result of such conviction;, or
 
                            -51-     LRB093 04396 WGH 16236 a
 1             (3.5)  convicted  or  found  guilty  of  any offense
 2        classified as a felony under Illinois law or found guilty
 3        or given  supervision  for  such  an  offense  under  the
 4        Juvenile  Court  Act of 1987 on or after August 22, 2002;
 5        the effective date  of this amendatory Act  of  the  92nd
 6        General Assembly, or
 7             (4)  presently   institutionalized   as  a  sexually
 8        dangerous person  or  presently  institutionalized  as  a
 9        person  found guilty but mentally ill of a sexual offense
10        or attempt to commit a sexual offense; or
11             (4.5)  ordered  committed  as  a  sexually   violent
12        person  on  or  after  the effective date of the Sexually
13        Violent Persons Commitment Act; or
14             (5)  seeking transfer to or  residency  in  Illinois
15        under  Sections 3-3-11.05 through 3-3-11.5 of the Unified
16        Code of Corrections and the Interstate Compact for  Adult
17        Offender  Supervision  or  the  Interstate  Agreements on
18        Sexually Dangerous Persons Act.
19        Notwithstanding other provisions  of  this  Section,  any
20    person  incarcerated in a facility of the Illinois Department
21    of Corrections on or after August 22, 2002 the effective date
22    of this amendatory Act of the 92nd General Assembly shall  be
23    required  to  submit  a  specimen of blood, saliva, or tissue
24    prior to his or her release on parole or mandatory supervised
25    release, as a condition of his or  her  parole  or  mandatory
26    supervised release.
27        (a-5)  Any  person  who  was  otherwise  convicted  of or
28    received a disposition of court  supervision  for  any  other
29    offense  under  the  Criminal  Code  of 1961 or who was found
30    guilty or given supervision for such a  violation  under  the
31    Juvenile  Court  Act of 1987, may, regardless of the sentence
32    imposed, be required by an  order  of  the  court  to  submit
33    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
34    Department  of State Police in accordance with the provisions
 
                            -52-     LRB093 04396 WGH 16236 a
 1    of this Section.
 2        (b)  Any person required by paragraphs (a)(1),  (a)(1.5),
 3    (a)(2),  (a)(3.5),  and  (a-5) to provide specimens of blood,
 4    saliva, or tissue shall provide specimens of  blood,  saliva,
 5    or tissue within 45 days after sentencing or disposition at a
 6    collection  site  designated  by  the  Illinois Department of
 7    State Police.
 8        (c)  Any person required by  paragraphs  (a)(3),  (a)(4),
 9    and (a)(4.5) to provide specimens of blood, saliva, or tissue
10    shall  be  required  to  provide  such samples prior to final
11    discharge, parole, or release at a collection site designated
12    by the Illinois Department of State Police.
13        (c-5)  Any person required by paragraph (a)(5) to provide
14    specimens of blood, saliva, or tissue shall, where  feasible,
15    be  required  to  provide the specimens before being accepted
16    for conditioned residency in Illinois  under  the  interstate
17    compact or agreement, but no later than 45 days after arrival
18    in this State.
19        (c-6)  The   Illinois  Department  of  State  Police  may
20    determine which type of specimen or specimens, blood, saliva,
21    or tissue, is acceptable for submission to  the  Division  of
22    Forensic Services for analysis.
23        (d)  The   Illinois  Department  of  State  Police  shall
24    provide all equipment  and  instructions  necessary  for  the
25    collection of blood samples.  The collection of samples shall
26    be   performed  in  a  medically  approved  manner.   Only  a
27    physician authorized to practice medicine, a registered nurse
28    or  other  qualified  person  trained  in  venipuncture   may
29    withdraw  blood  for  the  purposes of this Act.  The samples
30    shall thereafter be forwarded to the Illinois  Department  of
31    State Police, Division of Forensic Services, for analysis and
32    categorizing into genetic marker groupings.
33        (d-1)  The  Illinois  Department  of  State  Police shall
34    provide all equipment  and  instructions  necessary  for  the
 
                            -53-     LRB093 04396 WGH 16236 a
 1    collection  of  saliva  samples.   The  collection  of saliva
 2    samples shall be performed in a  medically  approved  manner.
 3    Only  a person trained in the instructions promulgated by the
 4    Illinois State Police on collecting saliva may collect saliva
 5    for  the  purposes  of  this  Section.   The  samples   shall
 6    thereafter  be  forwarded to the Illinois Department of State
 7    Police, Division  of  Forensic  Services,  for  analysis  and
 8    categorizing into genetic marker groupings.
 9        (d-2)  The  Illinois  Department  of  State  Police shall
10    provide all equipment  and  instructions  necessary  for  the
11    collection  of  tissue  samples.   The  collection  of tissue
12    samples shall be performed in a  medically  approved  manner.
13    Only  a person trained in the instructions promulgated by the
14    Illinois State Police on collecting tissue may collect tissue
15    for  the  purposes  of  this  Section.   The  samples   shall
16    thereafter  be  forwarded to the Illinois Department of State
17    Police, Division  of  Forensic  Services,  for  analysis  and
18    categorizing into genetic marker groupings.
19        (d-5)  To  the  extent  that  funds  are  available,  the
20    Illinois  Department  of  State  Police  shall  contract with
21    qualified  personnel  and  certified  laboratories  for   the
22    collection, analysis, and categorization of known samples.
23        (e)  The  genetic marker groupings shall be maintained by
24    the Illinois Department of State Police, Division of Forensic
25    Services.
26        (f)  The genetic  marker  grouping  analysis  information
27    obtained pursuant to this Act shall be confidential and shall
28    be  released  only to peace officers of the United States, of
29    other states or territories, of the  insular  possessions  of
30    the  United  States,  of foreign countries duly authorized to
31    receive the same, to all  peace  officers  of  the  State  of
32    Illinois  and  to  all prosecutorial agencies, and to defense
33    counsel as provided by Section 116-5 of the Code of  Criminal
34    Procedure  of  1963.    The  genetic marker grouping analysis
 
                            -54-     LRB093 04396 WGH 16236 a
 1    information obtained pursuant to this Act shall be used  only
 2    for  (i) valid law enforcement identification purposes and as
 3    required  by  the  Federal  Bureau   of   Investigation   for
 4    participation in the National DNA database or (ii) technology
 5    validation  purposes or (iii) assisting in the defense of the
 6    criminally accused pursuant to Section 116-5 of the  Code  of
 7    Criminal   Procedure  of  1963.   Notwithstanding  any  other
 8    statutory provision to the contrary, all information obtained
 9    under this Section shall be maintained in a single State data
10    base, which may be uploaded into  a  national  database,  and
11    which  information  may be subject to expungement only as set
12    forth in subsection (f-1).
13        (f-1)  Upon receipt of notification of a  reversal  of  a
14    conviction based on actual innocence, or of the granting of a
15    pardon  pursuant  to  Section 12 of Article V of the Illinois
16    Constitution, if that  pardon  document  specifically  states
17    that  the reason for the pardon is the actual innocence of an
18    individual whose DNA record has been stored in the  State  or
19    national  DNA  identification  index  in accordance with this
20    Section by the Illinois Department of State Police,  the  DNA
21    record  shall  be expunged from the DNA identification index,
22    and the Department shall  by  rule  prescribe  procedures  to
23    ensure  that  the  record and any samples, analyses, or other
24    documents relating to such record, whether in the  possession
25    of the Department or any law enforcement or police agency, or
26    any  forensic  DNA  laboratory,  including  any duplicates or
27    copies thereof, are destroyed and a letter  is  sent  to  the
28    court verifying the expungement is completed.
29        (f-5)  Any  person  who intentionally uses genetic marker
30    grouping  analysis  information,  or  any  other  information
31    derived from a DNA sample,  beyond  the  authorized  uses  as
32    provided  under  this  Section, or any other Illinois law, is
33    guilty of a Class 4 felony, and shall be subject to a fine of
34    not less than $5,000.
 
                            -55-     LRB093 04396 WGH 16236 a
 1        (g)  For  the  purposes  of  this  Section,   "qualifying
 2    offense" means any of the following:
 3             (1)  any  violation or inchoate violation of Section
 4        11-6, 11-9.1, 11-11, 11-18.1,  12-15,  or  12-16  of  the
 5        Criminal Code of 1961;, or
 6             (1.1)  any   violation   or  inchoate  violation  of
 7        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
 8        18-3, 18-4, 19-1, or 19-2 of the Criminal  Code  of  1961
 9        for  which  persons  are  convicted  on  or after July 1,
10        2001;, or
11             (2)  any former statute of this State which  defined
12        a felony sexual offense;, or
13             (3)  (blank);, or
14             (4)  any   inchoate   violation  of  Section  9-3.1,
15        11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of  1961;,
16        or
17             (5)  any  violation or inchoate violation of Article
18        29D of the Criminal Code of 1961.
19        (g-5)  (Blank).
20        (h)  The Illinois Department of State Police shall be the
21    State central repository  for  all  genetic  marker  grouping
22    analysis  information  obtained  pursuant  to  this Act.  The
23    Illinois Department of State Police may promulgate rules  for
24    the  form  and  manner of the collection of blood, saliva, or
25    tissue samples and other procedures for the operation of this
26    Act.  The provisions of the Administrative Review  Law  shall
27    apply to all actions taken under the rules so promulgated.
28        (i)  A  person  required  to  provide a blood, saliva, or
29    tissue specimen shall cooperate with the  collection  of  the
30    specimen  and  any  deliberate act by that person intended to
31    impede, delay or stop the collection of the blood, saliva, or
32    tissue specimen is a Class A misdemeanor.
33        (j)  Any person required  by  subsection  (a)  to  submit
34    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
 
                            -56-     LRB093 04396 WGH 16236 a
 1    Department  of  State  Police for analysis and categorization
 2    into genetic  marker  grouping,  in  addition  to  any  other
 3    disposition,  penalty, or fine imposed, shall pay an analysis
 4    fee of $200.  If the analysis fee is not paid at the time  of
 5    sentencing, the court shall establish a fee schedule by which
 6    the  entire amount of the analysis fee shall be paid in full,
 7    such schedule not to  exceed  24  months  from  the  time  of
 8    conviction.  The inability to pay this analysis fee shall not
 9    be the sole ground to incarcerate the person.
10        (k)  All analysis and categorization fees provided for by
11    subsection (j) shall be regulated as follows:
12             (1)  The  State  Offender  DNA Identification System
13        Fund is hereby created as a special  fund  in  the  State
14        Treasury.
15             (2)  All fees shall be collected by the clerk of the
16        court   and   forwarded   to   the   State  Offender  DNA
17        Identification System Fund for deposit.  The clerk of the
18        circuit court may retain the  amount  of  $10  from  each
19        collected  analysis  fee  to  offset administrative costs
20        incurred in carrying  out  the  clerk's  responsibilities
21        under this Section.
22             (3)  Fees  deposited  into  the  State  Offender DNA
23        Identification System Fund  shall  be  used  by  Illinois
24        State  Police  crime  laboratories  as  designated by the
25        Director of  State  Police.   These  funds  shall  be  in
26        addition  to  any  allocations  made pursuant to existing
27        laws and shall be designated for  the  exclusive  use  of
28        State  crime  laboratories.   These uses may include, but
29        are not limited to, the following:
30                  (A)  Costs incurred in providing  analysis  and
31             genetic   marker   categorization   as  required  by
32             subsection (d).
33                  (B)  Costs  incurred  in  maintaining   genetic
34             marker groupings as required by subsection (e).
 
                            -57-     LRB093 04396 WGH 16236 a
 1                  (C)  Costs   incurred   in   the  purchase  and
 2             maintenance  of  equipment  for  use  in  performing
 3             analyses.
 4                  (D)  Costs incurred in continuing research  and
 5             development  of  new  techniques  for  analysis  and
 6             genetic marker categorization.
 7                  (E)  Costs  incurred  in  continuing education,
 8             training, and professional development  of  forensic
 9             scientists regularly employed by these laboratories.
10        (l)  The failure of a person to provide a specimen, or of
11    any person or agency to collect a specimen, within the 45 day
12    period  shall in no way alter the obligation of the person to
13    submit such  specimen,  or  the  authority  of  the  Illinois
14    Department  of  State  Police  or  persons  designated by the
15    Department to collect the specimen, or the authority  of  the
16    Illinois  Department  of  State Police to accept, analyze and
17    maintain the specimen or to maintain  or  upload  results  of
18    genetic  marker grouping analysis information into a State or
19    national database.
20    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
21    92-40, eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600,  eff.
22    6-28-02;  92-829, eff. 8-22-02; 92-854, eff. 12-5-02; revised
23    1-20-03.)

24        Section 95.  Severability.  The provisions  of  this  Act
25    are severable under Section 1.31 of the Statute on Statutes.

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