093_HB1281sam005











                                     LRB093 04396 WGH 16428 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;
 3             (9)  One member appointed by the Office of the State
 4        Appellate Defender; and
 5             (10)  One member appointed  by  the  office  of  the
 6        State's Attorneys Appellate Prosecutor.
 7        (b)  The  Committee shall study the impact of the various
 8    reforms to the capital punishment system enacted by the  93rd
 9    General  Assembly and annually report to the General Assembly
10    on the effects of these reforms. Each report shall include:
11             (1)  The impact of  the  reforms  on  the  issue  of
12        uniformity  and proportionality in the application of the
13        death penalty including, but not limited to, the tracking
14        of data related to whether the  reforms  have  eliminated
15        the  statistically  significant differences in sentencing
16        related to the geographic location of  the  homicide  and
17        the race of the victim found by the Governor's Commission
18        on  Capital  Punishment in its report issued on April 15,
19        2002.
20             (2)  The  implementation  of  training  for  police,
21        prosecutors, defense attorneys, and judges as recommended
22        by the Governor's Commission on Capital Punishment.
23             (3)  The  impact  of  the  various  reforms  on  the
24        quality of evidence used during capital prosecutions.
25             (4)  The  quality  of  representation  provided   by
26        defense counsel to defendants in capital prosecutions.
27             (5)  The  impact of the various reforms on the costs
28        associated with the      administration of  the  Illinois
29        capital punishment system.
30        (c)  The  Committee  shall  hold  hearings  on a periodic
31    basis to receive testimony  from  the  public  regarding  the
32    manner  in which reforms have impacted the capital punishment
33    system.
34        (d)  The Committee shall submit its final report  to  the
 
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 1    General  Assembly  no  later than 5 years after the effective
 2    date of this Act.

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

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

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

29        (50 ILCS 705/6.1)
30        Sec. 6.1.  Decertification  of  full-time  and  part-time
31    police officers.
32        (a)  The  Board  must  review  police officer conduct and
 
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 1    records to ensure that no  police  officer  is  certified  or
 2    provided  a  valid  waiver  if  that  police officer has been
 3    convicted of a felony offense under the laws of this State or
 4    any other state which if committed in  this  State  would  be
 5    punishable  as  a  felony. The Board must also ensure that no
 6    police officer is certified or provided  a  valid  waiver  if
 7    that  police  officer  has  been  convicted  on  or after the
 8    effective  date  of  this  amendatory  Act  of  1999  of  any
 9    misdemeanor specified in this Section or if committed in  any
10    other  state  would  be  an  offense similar to Section 11-6,
11    11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,  17-1,  17-2,
12    28-3,  29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal
13    Code of 1961 or to Section 5 or 5.2 of the  Cannabis  Control
14    Act.  The  Board  must  appoint  investigators to enforce the
15    duties conferred upon the Board by this Act.
16        (b)  It is the responsibility of the sheriff or the chief
17    executive officer of every local law  enforcement  agency  or
18    department  within  this  State  to  report  to the Board any
19    arrest or conviction of any officer for an offense identified
20    in this Section.
21        (c)  It is the duty and responsibility of every full-time
22    and part-time police officer in this State to report  to  the
23    Board  within  30  days,  and  the officer's sheriff or chief
24    executive officer, of his or her arrest or conviction for  an
25    offense   identified   in  this  Section.  Any  full-time  or
26    part-time police officer who knowingly makes, submits, causes
27    to be submitted, or files a false or untruthful report to the
28    Board must have his or her certificate or waiver  immediately
29    decertified or revoked.
30        (d)  Any person, or a local or State agency, or the Board
31    is  immune  from  liability  for  submitting,  disclosing, or
32    releasing information  of  arrests  or  convictions  in  this
33    Section  as  long as the information is submitted, disclosed,
34    or released in good faith and without malice. The  Board  has
 
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 1    qualified immunity for the release of the information.
 2        (e)  Any  full-time  or  part-time  police officer with a
 3    certificate or waiver issued by the Board who is convicted of
 4    any offense described in this  Section  immediately   becomes
 5    decertified   or   no   longer   has   a  valid  waiver.  The
 6    decertification and invalidity of waivers occurs as a  matter
 7    of  law. Failure of a convicted person to report to the Board
 8    his or her conviction as described in  this  Section  or  any
 9    continued   law   enforcement   practice  after  receiving  a
10    conviction  is a Class 4 felony.
11        (f)   The Board's investigators are  peace  officers  and
12    have  all  the powers possessed by policemen in cities and by
13    sheriff's, provided that the investigators may exercise those
14    powers  anywhere  in  the  State,  only  after  contact   and
15    cooperation   with  the  appropriate  local  law  enforcement
16    authorities.
17        (g)  The Board must request and receive  information  and
18    assistance  from  any  federal,  state, or local governmental
19    agency  as  part  of  the  authorized   criminal   background
20    investigation.   The Department of State Police must process,
21    retain, and additionally provide and disseminate  information
22    to   the   Board   concerning   criminal   charges,  arrests,
23    convictions, and their  disposition,  that  have  been  filed
24    before,  on,  or  after the effective date of this amendatory
25    Act of the 91st General  Assembly  against  a  basic  academy
26    applicant,  law  enforcement  applicant,  or  law enforcement
27    officer whose fingerprint identification cards are on file or
28    maintained by the Department of State  Police.   The  Federal
29    Bureau  of  Investigation must provide the Board any criminal
30    history record information contained in its files  pertaining
31    to  law  enforcement  officers  or  any  applicant to a Board
32    certified basic law enforcement academy as described in  this
33    Act  based on fingerprint identification. The Board must make
34    payment of fees to the Department of State  Police  for  each
 
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 1    fingerprint   card   submission   in   conformance  with  the
 2    requirements of paragraph 22 of  Section  55a  of  the  Civil
 3    Administrative Code of Illinois.
 4        (h)  A police officer who has been certified or granted a
 5    valid  waiver  may  also  be  decertified  or have his or her
 6    waiver revoked upon a determination by the Board that  he  or
 7    she, while under oath, has knowingly and willfully made false
 8    statements   as   to   a  material  fact  during  a  homicide
 9    proceeding.  A  determination  may  be  made  only  after  an
10    investigation and hearing upon  a  verified  complaint  filed
11    with  the  Illinois Law Enforcement Training Standards Board.
12    No action may be taken by the  Board  regarding  a  complaint
13    unless  a majority of the members of the Board are present at
14    the meeting at which the action is taken.
15             (1)  The  Board  shall  adopt  rules  governing  the
16        investigation and hearing  of  a  verified  complaint  to
17        assure  the  police  officer due process and to eliminate
18        conflicts of interest within the Board itself.
19             (2)  Upon receipt of the initial verified complaint,
20        the Board must make a finding within 30 days  of  receipt
21        of the complaint as to whether sufficient evidence exists
22        to  support  the  complaint.   The  Board is empowered to
23        investigate and dismiss the complaint if it finds,  by  a
24        vote  of a majority of the members present, that there is
25        insufficient evidence to support  it.  Upon  the  initial
26        filing,  the  sheriff or police chief, or other employing
27        agency, of the  accused  officer  may  suspend,  with  or
28        without  pay,  the  accused officer pending a decision of
29        the Board. Upon a Board finding of insufficient evidence,
30        the police officer shall be  reinstated  with  back  pay,
31        benefits,   and  seniority  status  as  appropriate.  The
32        sheriff or police chief, or employing agency, shall  take
33        such necessary action as is ordered by the Board.
34             (3)  If  the Board finds, by a vote of a majority of
 
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 1        the members present, that sufficient evidence  exists  to
 2        support  the  complaint,  it  shall  authorize  a hearing
 3        before an administrative law judge within 45 days of  the
 4        Board's  finding,  unless,  based upon the complexity and
 5        extent of the allegations and charges, additional time is
 6        needed.  In  no   event   may   a   hearing   before   an
 7        administrative  law  judge  take place later than 60 days
 8        after the Board's finding.
 9        (i)  The Board shall have  the  power  and  authority  to
10    appoint  administrative  law  judges  on a contractual basis.
11    The Administrative law judges must be attorneys  licensed  to
12    practice  law in the State of Illinois.  The Board shall also
13    adopt rules governing the appointment of  administrative  law
14    judges  and  the  conduct  of  hearings  consistent  with the
15    requirements of this Section. The  administrative  law  judge
16    shall  hear all evidence and prepare a written recommendation
17    of his or her findings to  the  Board.  At  the  hearing  the
18    accused police officer shall be afforded the opportunity to:
19             (1)  Be represented by counsel;
20             (2)  Be heard in his or her own defense;
21             (3)  Produce evidence in his or her defense;
22             (4)  Request that the Board compel the attendance of
23        witnesses and production of court records and documents.
24        (j)  Once a case has been set for hearing, the person who
25    filed  the  verified  complaint shall have the opportunity to
26    produce evidence to  support  any  charge  against  a  police
27    officer  that  he or she, while under oath, has knowingly and
28    willfully made false statements as to a material fact  during
29    a homicide proceeding.
30             (1)  The  person  who  filed  the verified complaint
31        shall have the opportunity to be represented  by  counsel
32        and shall produce evidence to support his or her charges;
33             (2)  The person who filed the verified complaint may
34        request  the  Board to compel the attendance of witnesses
 
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 1        and production of court records and documents.
 2        (k)  The Board shall have the power  to  issue  subpoenas
 3    requiring  the  attendance and testimony of witnesses and the
 4    production of court records and documents and shall have  the
 5    power to administer oaths.
 6        (l)  The   administrative   law   judge  shall  have  the
 7    responsibility of receiving into evidence relevant  testimony
 8    and   documents,  including  court  records,  to  support  or
 9    disprove the  allegations  made  by  the  person  filing  the
10    verified  complaint,  and,  at  the  close  of the case, hear
11    arguments. If the administrative law judge finds  that  there
12    is  not clear and convincing evidence to support the verified
13    complaint that the police  officer  has,  while  under  oath,
14    knowingly  and  willfully  made  false  statements  as  to  a
15    material    fact    during   a   homicide   proceeding,   the
16    administrative law judge shall make a written  recommendation
17    of  dismissal  to  the Board. If the administrative law judge
18    finds that there is clear and convincing evidence to  support
19    the  verified  complaint  that  the police officer has, while
20    under oath, knowingly and willfully made false statements  as
21    to   a  material  fact  during  a  homicide  proceeding,  the
22    administrative law judge shall make a written  recommendation
23    of decertification to the Board.
24        (m)  Any person, with the exception of the police officer
25    who is the subject of the hearing, who is served by the Board
26    with  a  subpoena  to appear, testify or produce evidence and
27    refuses to comply with the subpoena is guilty of  a  Class  B
28    misdemeanor.  Any circuit court or judge, upon application by
29    the Board, may compel compliance with a  subpoena  issued  by
30    the Board.
31        (n)  Within  15 days of receiving the recommendation, the
32    Board shall consider the recommendation of the administrative
33    law judge and the record of the hearing at a  Board  meeting.
34    If,  by a two-thirds vote of the members present at the Board
 
                            -10-     LRB093 04396 WGH 16428 a
 1    meeting, the Board finds that there is clear  and  convincing
 2    evidence  that  the  police  officer  has,  while under oath,
 3    knowingly  and  willfully  made  false  statements  as  to  a
 4    material fact during a homicide proceeding, the  Board  shall
 5    order  that  the police officer be decertified as a full-time
 6    or part-time police officer. If less than two-thirds  of  the
 7    members  present  vote  to  decertify the police officer, the
 8    Board shall dismiss the complaint.
 9        (o)  The provisions  of  the  Administrative  Review  Law
10    shall  govern  all proceedings for the judicial review of any
11    order rendered by the Board. The moving party shall  pay  the
12    reasonable  costs  of preparing and certifying the record for
13    review. If the moving party is the police officer and  he  or
14    she  prevails,  the court may award the police officer actual
15    costs  incurred  in  all  proceedings,  including  reasonable
16    attorney fees. If the court awards  the  police  officer  the
17    actual  costs  incurred in a proceeding, including reasonable
18    attorney fees, the costs and attorney  fees  shall  be  paid,
19    subject  to  appropriation, from the Illinois Law Enforcement
20    Training Standards Board Costs  and  Attorney  Fees  Fund,  a
21    special  fund that is created in the State Treasury. The Fund
22    shall consist of moneys appropriated or transferred into  the
23    Fund for the purpose of making payments of costs and attorney
24    fees in accordance with this subsection (o). The Illinois Law
25    Enforcement  Training  Standards  Board  shall administer the
26    Fund and adopt rules for the administration of the  Fund  and
27    for  the  submission  and disposition of claims for costs and
28    attorney fees in accordance with this subsection (o).
29        (p)  If  the  police   officer   is   decertified   under
30    subsection  (h), the Board shall notify the defendant who was
31    a party  to  the  proceeding  that  resulted  in  the  police
32    officer's  decertification  and  his  or  her attorney of the
33    Board's decision. Notification shall be  by  certified  mail,
34    return  receipt  requested,  sent  to  the party's last known
 
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 1    address and to the party's attorney if any.
 2        (q)  Limitation of action.
 3             (1)  No complaint may  be  filed  pursuant  to  this
 4        Section  until  after  a  verdict or other disposition is
 5        rendered in the underlying case or the underlying case is
 6        dismissed in the trial court.
 7             (2)  A complaint pursuant to this Section may not be
 8        filed more than 2 years after the final resolution of the
 9        case. For purposes of this Section, final  resolution  is
10        defined   as  the  trial  court's  ruling  on  the  State
11        post-conviction proceeding in the case  in  which  it  is
12        alleged  the  police officer, while under oath, knowingly
13        and willfully made false statements as to a material fact
14        during  a   homicide   proceeding.   In   the   event   a
15        post-conviction petition is not filed, an action pursuant
16        to  this  Section  may not be commenced more than 2 years
17        after the denial of a  petition  for  certiorari  to  the
18        United  States  Supreme  Court,  or  if  no  petition for
19        certiorari is filed,  2  years  after  the  date  such  a
20        petition  should  have  been  filed.  In  the event of an
21        acquittal, no proceeding may  be  commenced  pursuant  to
22        this  Section more than 6 years after the date upon which
23        judgment on the verdict of acquittal was entered.
24        (r)  Interested parties. Only interested parties  to  the
25    criminal  prosecution  in which the police officer allegedly,
26    while  under  oath,  knowingly  and  willfully   made   false
27    statements as to a material fact during a homicide proceeding
28    may  file  a verified complaint pursuant to this Section. For
29    purposes of this Section, "interested  parties"  include  the
30    defendant  and  any police officer who has personal knowledge
31    that the police officer who is the subject of  the  complaint
32    has,  while  under  oath,  knowingly and willfully made false
33    statements  as  to  a  material  fact   during   a   homicide
34    proceeding.
 
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 1    (Source: P.A. 91-495, eff. 1-1-00.)

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

 4        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
 5        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
 6    Exceptions - Separate Hearings - Proof - Findings - Appellate
 7    procedures - Reversals.
 8        (a)  A person who  kills  an  individual  without  lawful
 9    justification  commits  first degree murder if, in performing
10    the acts which cause the death:
11             (1)  he either intends to kill or  do  great  bodily
12        harm  to  that  individual or another, or knows that such
13        acts will cause death to that individual or another; or
14             (2)  he  knows  that  such  acts  create  a   strong
15        probability  of  death  or  great  bodily  harm  to  that
16        individual or another; or
17             (3)  he  is  attempting  or  committing  a  forcible
18        felony other than second degree murder.
19        (b)  Aggravating Factors.  A defendant who at the time of
20    the  commission  of the offense has attained the age of 18 or
21    more and who has been found guilty of first degree murder may
22    be sentenced to death if:
23             (1)  the murdered individual was a peace officer  or
24        fireman  killed  in the course of performing his official
25        duties,  to  prevent  the  performance  of  his  official
26        duties, or in retaliation  for  performing  his  official
27        duties,  and the defendant knew or should have known that
28        the murdered individual was a peace officer  or  fireman;
29        or
30             (2)  the  murdered  individual was an employee of an
31        institution or facility of the Department of Corrections,
32        or any similar local correctional agency, killed  in  the
 
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 1        course  of performing his official duties, to prevent the
 2        performance of his official duties, or in retaliation for
 3        performing  his  official   duties,   or   the   murdered
 4        individual  was an inmate at such institution or facility
 5        and was killed on the grounds thereof,  or  the  murdered
 6        individual  was  otherwise present in such institution or
 7        facility with the knowledge and  approval  of  the  chief
 8        administrative officer thereof; or
 9             (3)  the  defendant  has been convicted of murdering
10        two or more individuals  under  subsection  (a)  of  this
11        Section  or  under any law of the United States or of any
12        state which is substantially similar to subsection (a) of
13        this Section regardless  of whether the  deaths  occurred
14        as  the  result  of the same act or of several related or
15        unrelated acts so long as the deaths were the  result  of
16        either  an  intent  to  kill  more  than one person or of
17        separate acts which the defendant knew would cause  death
18        or  create  a strong probability of death or great bodily
19        harm to the murdered individual or another; or
20             (4)  the murdered individual was killed as a  result
21        of  the  hijacking  of  an  airplane, train, ship, bus or
22        other public conveyance; or
23             (5)  the defendant committed the murder pursuant  to
24        a contract, agreement or understanding by which he was to
25        receive   money  or  anything  of  value  in  return  for
26        committing the murder or procured another to  commit  the
27        murder for money or anything of value; or
28             (6)  the  murdered  individual  was  killed  in  the
29        course of another felony if:
30                  (a)  the murdered individual:
31                       (i)  was actually killed by the defendant,
32                  or
33                       (ii)  received      physical      injuries
34                  personally    inflicted    by   the   defendant
 
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 1                  substantially contemporaneously  with  physical
 2                  injuries  caused  by  one  or  more persons for
 3                  whose  conduct   the   defendant   is   legally
 4                  accountable under Section 5-2 of this Code, and
 5                  the  physical  injuries inflicted by either the
 6                  defendant or the other person  or  persons  for
 7                  whose  conduct he is legally accountable caused
 8                  the death of the murdered individual; and
 9                  (b)  in performing the acts  which  caused  the
10             death  of  the murdered individual or which resulted
11             in physical injuries  personally  inflicted  by  the
12             defendant  on  the  murdered  individual  under  the
13             circumstances  of  subdivision  (ii) of subparagraph
14             (a) of paragraph  (6)  of  subsection  (b)  of  this
15             Section, the defendant acted with the intent to kill
16             the  murdered  individual or with the knowledge that
17             his acts created a strong probability  of  death  or
18             great  bodily  harm  to  the  murdered individual or
19             another; and
20                  (c)  the other felony was an inherently violent
21             crime one of the  following:  armed  robbery,  armed
22             violence, robbery, predatory criminal sexual assault
23             of  a  child,  aggravated  criminal  sexual assault,
24             aggravated    kidnapping,    aggravated    vehicular
25             hijacking,  forcible  detention,  arson,  aggravated
26             arson, aggravated  stalking,  burglary,  residential
27             burglary,  home  invasion,  calculated criminal drug
28             conspiracy as defined in Section 405 of the Illinois
29             Controlled Substances Act, streetgang criminal  drug
30             conspiracy  as  defined  in  Section  405.2  of  the
31             Illinois  Controlled  Substances Act, or the attempt
32             to commit  an  inherently  violent  crime.  In  this
33             subparagraph   (c),   "inherently   violent   crime"
34             includes,  but  is  not  limited  to, armed robbery,
 
                            -15-     LRB093 04396 WGH 16428 a
 1             robbery, predatory  criminal  sexual  assault  of  a
 2             child,    aggravated    criminal   sexual   assault,
 3             aggravated    kidnapping,    aggravated    vehicular
 4             hijacking, aggravated  arson,  aggravated  stalking,
 5             residential  burglary,  and home invasion any of the
 6             felonies listed in this subsection (c); or
 7             (7)  the murdered individual was under 12  years  of
 8        age  and  the death resulted from exceptionally brutal or
 9        heinous behavior indicative of wanton cruelty; or
10             (8)  the defendant committed the murder with  intent
11        to  prevent  the  murdered  individual from testifying or
12        participating   in   any   criminal   investigation    or
13        prosecution or giving material assistance to the State in
14        any  investigation  or  prosecution,  either  against the
15        defendant or another;  or  the  defendant  committed  the
16        murder  because  the murdered individual was a witness in
17        any prosecution or gave material assistance to the  State
18        in  any  investigation or prosecution, either against the
19        defendant or another; for purposes of this paragraph (8),
20        "participating   in   any   criminal   investigation   or
21        prosecution" is intended to include  those  appearing  in
22        the  proceedings  in  any  capacity such as trial judges,
23        prosecutors, defense attorneys, investigators, witnesses,
24        or jurors; or
25             (9)  the  defendant,  while  committing  an  offense
26        punishable under Sections 401, 401.1, 401.2, 405,  405.2,
27        407  or  407.1  or  subsection  (b) of Section 404 of the
28        Illinois Controlled Substances Act, or while engaged in a
29        conspiracy  or  solicitation  to  commit  such   offense,
30        intentionally   killed   an   individual   or  counseled,
31        commanded, induced, procured or  caused  the  intentional
32        killing of the murdered individual; or
33             (10)  the   defendant   was   incarcerated   in   an
34        institution  or facility of the Department of Corrections
 
                            -16-     LRB093 04396 WGH 16428 a
 1        at the time  of  the  murder,  and  while  committing  an
 2        offense  punishable  as  a  felony under Illinois law, or
 3        while engaged in a conspiracy or solicitation  to  commit
 4        such  offense,  intentionally  killed  an  individual  or
 5        counseled,  commanded,  induced,  procured  or caused the
 6        intentional killing of the murdered individual; or
 7             (11)  the murder was committed in a cold, calculated
 8        and premeditated manner pursuant to a preconceived  plan,
 9        scheme  or design to take a human life by unlawful means,
10        and the conduct of the  defendant  created  a  reasonable
11        expectation  that the death of a human being would result
12        therefrom; or
13             (12)  the  murdered  individual  was  an   emergency
14        medical   technician   -   ambulance,  emergency  medical
15        technician - intermediate, emergency medical technician -
16        paramedic, ambulance driver, or other medical  assistance
17        or  first  aid  personnel,  employed by a municipality or
18        other  governmental  unit,  killed  in  the   course   of
19        performing   his   official   duties,   to   prevent  the
20        performance of his official duties, or in retaliation for
21        performing his official duties, and the defendant knew or
22        should have known that the  murdered  individual  was  an
23        emergency   medical  technician  -  ambulance,  emergency
24        medical  technician  -  intermediate,  emergency  medical
25        technician  -  paramedic,  ambulance  driver,  or   other
26        medical assistance or first aid personnel; or
27             (13)  the  defendant  was a principal administrator,
28        organizer,  or  leader  of  a  calculated  criminal  drug
29        conspiracy  consisting  of  a  hierarchical  position  of
30        authority superior to that of all other  members  of  the
31        conspiracy,   and  the  defendant  counseled,  commanded,
32        induced, procured, or caused the intentional  killing  of
33        the murdered person; or
34             (14)  the  murder  was  intentional and involved the
 
                            -17-     LRB093 04396 WGH 16428 a
 1        infliction of torture.  For the purpose of  this  Section
 2        torture  means the infliction of or subjection to extreme
 3        physical pain, motivated by  an  intent  to  increase  or
 4        prolong the pain, suffering or agony of the victim; or
 5             (15)  the  murder  was  committed as a result of the
 6        intentional discharge of a firearm by the defendant  from
 7        a motor vehicle and the victim was not present within the
 8        motor vehicle; or
 9             (16)  the murdered individual was 60 years of age or
10        older and the death resulted from exceptionally brutal or
11        heinous behavior indicative of wanton cruelty; or
12             (17)  the  murdered individual was a disabled person
13        and the defendant knew or  should  have  known  that  the
14        murdered  individual  was disabled.  For purposes of this
15        paragraph (17), "disabled  person"  means  a  person  who
16        suffers  from  a  permanent physical or mental impairment
17        resulting from disease, an injury, a functional disorder,
18        or  a  congenital  condition  that  renders  the   person
19        incapable  of  adequately  providing  for  his or her own
20        health or personal care; or
21             (18)  the murder was  committed  by  reason  of  any
22        person's activity as a community policing volunteer or to
23        prevent  any  person  from  engaging  in  activity  as  a
24        community policing volunteer; or
25             (19)  the  murdered  individual  was  subject  to an
26        order of protection and the murder  was  committed  by  a
27        person  against  whom  the  same  order of protection was
28        issued under the Illinois Domestic Violence Act of  1986;
29        or
30             (20)  the  murdered  individual  was  known  by  the
31        defendant to be a teacher or other person employed in any
32        school  and  the  teacher  or  other employee is upon the
33        grounds of a school or grounds adjacent to a  school,  or
34        is in any part of a building used for school purposes; or
 
                            -18-     LRB093 04396 WGH 16428 a
 1             (21)  the  murder  was committed by the defendant in
 2        connection  with  or  as  a  result  of  the  offense  of
 3        terrorism as defined in Section 29D-30 of this Code.
 4          (c)  Consideration  of  factors  in   Aggravation   and
 5    Mitigation.
 6        The  court  shall consider, or shall instruct the jury to
 7    consider any aggravating and any mitigating factors which are
 8    relevant to the imposition of the death penalty.  Aggravating
 9    factors may include but need not be limited to those  factors
10    set  forth  in subsection (b). Mitigating factors may include
11    but need not be limited to the following:
12             (1)  the defendant has  no  significant  history  of
13        prior criminal activity;
14             (2)  the  murder  was  committed while the defendant
15        was under the influence of extreme  mental  or  emotional
16        disturbance, although not such as to constitute a defense
17        to prosecution;
18             (3)  the  murdered  individual  was a participant in
19        the defendant's homicidal conduct  or  consented  to  the
20        homicidal act;
21             (4)  the  defendant  acted  under  the compulsion of
22        threat or menace of the imminent infliction of  death  or
23        great bodily harm;
24             (5)  the defendant was not personally present during
25        commission of the act or acts causing death;.
26             (6)  the  defendant's  background includes a history
27        of extreme emotional or physical abuse;
28             (7)  the defendant suffers  from  a  reduced  mental
29        capacity.
30        (d)  Separate sentencing hearing.
31        Where  requested  by the State, the court shall conduct a
32    separate sentencing proceeding to determine the existence  of
33    factors  set  forth  in  subsection  (b)  and to consider any
34    aggravating or mitigating factors as indicated in  subsection
 
                            -19-     LRB093 04396 WGH 16428 a
 1    (c).  The proceeding shall be conducted:
 2             (1)  before the jury that determined the defendant's
 3        guilt; or
 4             (2)  before a jury impanelled for the purpose of the
 5        proceeding if:
 6                  A.  the  defendant was convicted upon a plea of
 7             guilty; or
 8                  B.  the defendant was convicted after  a  trial
 9             before the court sitting without a jury; or
10                  C.  the  court  for good cause shown discharges
11             the jury that determined the defendant's guilt; or
12             (3)  before the court alone if the defendant  waives
13        a jury for the separate proceeding.
14        (e)  Evidence and Argument.
15        During  the proceeding any information relevant to any of
16    the factors set forth in subsection (b) may be  presented  by
17    either  the  State or the defendant under the rules governing
18    the  admission  of  evidence   at   criminal   trials.    Any
19    information relevant to any additional aggravating factors or
20    any  mitigating  factors  indicated  in subsection (c) may be
21    presented  by  the  State  or  defendant  regardless  of  its
22    admissibility under the  rules  governing  the  admission  of
23    evidence  at  criminal  trials.  The  State and the defendant
24    shall be given fair  opportunity  to  rebut  any  information
25    received at the hearing.
26        (f)  Proof.
27        The  burden of proof of establishing the existence of any
28    of the factors set forth in subsection (b) is  on  the  State
29    and  shall  not  be  satisfied  unless  established  beyond a
30    reasonable doubt.
31        (g)  Procedure - Jury.
32        If at the separate sentencing proceeding the  jury  finds
33    that  none of the factors set forth in subsection (b) exists,
34    the  court  shall  sentence  the  defendant  to  a  term   of
 
                            -20-     LRB093 04396 WGH 16428 a
 1    imprisonment   under   Chapter  V  of  the  Unified  Code  of
 2    Corrections.  If there is a unanimous  finding  by  the  jury
 3    that  one  or more of the factors set forth in subsection (b)
 4    exist, the jury shall  consider  aggravating  and  mitigating
 5    factors  as  instructed  by  the  court  and  shall determine
 6    whether the sentence of death shall be imposed.  If the  jury
 7    determines   unanimously,   after  weighing  the  factors  in
 8    aggravation and mitigation, that  death  is  the  appropriate
 9    sentence  that  there are no mitigating factors sufficient to
10    preclude the imposition of  the  death  sentence,  the  court
11    shall sentence the defendant to death.  If the court does not
12    concur   with  the  jury  determination  that  death  is  the
13    appropriate sentence, the court shall set  forth  reasons  in
14    writing  including  what  facts  or  circumstances  the court
15    relied  upon,  along  with  any  relevant   documents,   that
16    compelled  the  court  to  non-concur with the sentence. This
17    document and any attachments shall be part of the record  for
18    appellate  review.  The  court  shall  be bound by the jury's
19    sentencing determination.
20        If  after  weighing  the  factors  in   aggravation   and
21    mitigation,  one  or more jurors determines that death is not
22    the appropriate sentence, Unless the jury  unanimously  finds
23    that  there  are no mitigating factors sufficient to preclude
24    the imposition of the death sentence the court shall sentence
25    the defendant to a term of imprisonment under  Chapter  V  of
26    the Unified Code of Corrections.
27        (h)  Procedure - No Jury.
28        In  a  proceeding  before  the  court alone, if the court
29    finds that none  of  the  factors  found  in  subsection  (b)
30    exists,  the  court shall sentence the defendant to a term of
31    imprisonment  under  Chapter  V  of   the  Unified  Code   of
32    Corrections.
33        If  the  Court determines that one or more of the factors
34    set forth in subsection (b) exists, the Court shall  consider
 
                            -21-     LRB093 04396 WGH 16428 a
 1    any  aggravating  and  mitigating  factors  as  indicated  in
 2    subsection  (c).  If the Court determines, after weighing the
 3    factors in aggravation and  mitigation,  that  death  is  the
 4    appropriate  sentence  that  there  are no mitigating factors
 5    sufficient to preclude the imposition of the death  sentence,
 6    the Court shall sentence the defendant to death.
 7        If  Unless  the  court finds that there are no mitigating
 8    factors sufficient to preclude the imposition of the sentence
 9    of death is not the appropriate  sentence,  the  court  shall
10    sentence  the  defendant  to  a  term  of  imprisonment under
11    Chapter V of the Unified Code of Corrections.
12        (h-5)  Decertification as a capital case.
13        In a case in which the defendant has been found guilty of
14    first degree murder by a judge or jury, or a case  on  remand
15    for resentencing, and the State seeks the death penalty as an
16    appropriate  sentence,  on  the  court's  own  motion  or the
17    written motion of the defendant, the court may decertify  the
18    case as a death penalty case if the court finds that the only
19    evidence   supporting   the  defendant's  conviction  is  the
20    uncorroborated testimony of an informant witness, as  defined
21    in  Section 115-21 of the Code of Criminal Procedure of 1963,
22    concerning the confession or admission of  the  defendant  or
23    that  the  sole  evidence  against  the defendant is a single
24    eyewitness   or   single   accomplice   without   any   other
25    corroborating evidence. If the court decertifies the case  as
26    a  capital  case under either of the grounds set forth above,
27    the court shall issue  a  written  finding.   The  State  may
28    pursue  its  right  to appeal the decertification pursuant to
29    Supreme  Court  Rule  604(a)(1).   If  the  court  does   not
30    decertify  the  case  as  a  capital  case,  the matter shall
31    proceed to the eligibility phase of the sentencing hearing.
32        (i)  Appellate Procedure.
33        The conviction and sentence of death shall be subject  to
34    automatic  review by the Supreme Court.  Such review shall be
 
                            -22-     LRB093 04396 WGH 16428 a
 1    in accordance with rules promulgated by  the  Supreme  Court.
 2    The  Illinois  Supreme Court may overturn the death sentence,
 3    and order the imposition of imprisonment under Chapter  V  of
 4    the  Unified  Code of Corrections if the court finds that the
 5    death sentence is fundamentally  unjust  as  applied  to  the
 6    particular case. If the Illinois Supreme Court finds that the
 7    death  sentence  is  fundamentally  unjust  as applied to the
 8    particular case, independent of any  procedural  grounds  for
 9    relief,  the  Illinois  Supreme  Court  shall issue a written
10    opinion explaining this finding.
11        (j)  Disposition of reversed death sentence.
12        In the event that the death penalty in this Act  is  held
13    to  be  unconstitutional  by  the Supreme Court of the United
14    States or of the State of Illinois, any person  convicted  of
15    first degree murder shall be sentenced by the court to a term
16    of  imprisonment  under  Chapter  V  of  the  Unified Code of
17    Corrections.
18        In the event that any  death  sentence  pursuant  to  the
19    sentencing   provisions   of   this   Section   is   declared
20    unconstitutional by the Supreme Court of the United States or
21    of  the State of Illinois, the court having jurisdiction over
22    a person  previously  sentenced  to  death  shall  cause  the
23    defendant to be brought before the court, and the court shall
24    sentence the  defendant  to  a  term  of  imprisonment  under
25    Chapter V of the Unified Code of Corrections.
26        (k)  Guidelines for seeking the death penalty.
27        The  Attorney  General  and State's Attorneys Association
28    shall  consult  on  voluntary   guidelines   for   procedures
29    governing  whether  or  not  to  seek the death penalty.  The
30    guidelines do not have the force of law and are only advisory
31    in nature.
32    (Source: P.A. 91-357,  eff.  7-29-99;  91-434,  eff.  1-1-00;
33    92-854, eff. 12-5-02.)
 
                            -23-     LRB093 04396 WGH 16428 a
 1        (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
 2        Sec.  14-3.   Exemptions.  The following activities shall
 3    be exempt from the provisions of this Article:
 4        (a)  Listening  to   radio,   wireless   and   television
 5    communications of any sort where the same are publicly made;
 6        (b)  Hearing  conversation when heard by employees of any
 7    common carrier by wire incidental to  the  normal  course  of
 8    their  employment  in the operation, maintenance or repair of
 9    the equipment of such common carrier by wire so  long  as  no
10    information  obtained  thereby  is  used  or  divulged by the
11    hearer;
12        (c)  Any broadcast  by  radio,  television  or  otherwise
13    whether  it  be  a  broadcast  or recorded for the purpose of
14    later broadcasts of any  function  where  the  public  is  in
15    attendance  and the conversations are overheard incidental to
16    the main purpose for which such  broadcasts  are  then  being
17    made;
18        (d)  Recording or listening with the aid of any device to
19    any  emergency  communication  made  in  the normal course of
20    operations by any federal, state  or  local  law  enforcement
21    agency   or   institutions  dealing  in  emergency  services,
22    including, but not limited to, hospitals, clinics,  ambulance
23    services,   fire   fighting  agencies,  any  public  utility,
24    emergency repair facility, civilian defense establishment  or
25    military installation;
26        (e)  Recording the proceedings of any meeting required to
27    be open by the Open Meetings Act, as amended;
28        (f)  Recording or listening with the aid of any device to
29    incoming  telephone  calls  of phone lines publicly listed or
30    advertised  as  consumer  "hotlines"  by   manufacturers   or
31    retailers of food and drug products.  Such recordings must be
32    destroyed,  erased  or  turned  over to local law enforcement
33    authorities within 24 hours from the time of  such  recording
34    and shall not be otherwise disseminated.  Failure on the part
 
                            -24-     LRB093 04396 WGH 16428 a
 1    of the individual or business operating any such recording or
 2    listening  device  to  comply  with  the requirements of this
 3    subsection shall eliminate any  civil  or  criminal  immunity
 4    conferred  upon  that individual or business by the operation
 5    of this Section;
 6        (g)  With prior notification to the State's  Attorney  of
 7    the  county  in  which it is to occur, recording or listening
 8    with the aid of any device to any conversation  where  a  law
 9    enforcement officer, or any person acting at the direction of
10    law  enforcement,  is  a  party  to  the conversation and has
11    consented  to  it  being  intercepted   or   recorded   under
12    circumstances  where  the  use of the device is necessary for
13    the protection of the law enforcement officer or  any  person
14    acting  at the direction of law enforcement, in the course of
15    an investigation of a forcible felony, a felony violation  of
16    the Illinois Controlled Substances Act, a felony violation of
17    the  Cannabis  Control  Act,  or  any "streetgang related" or
18    "gang-related" felony as  those  terms  are  defined  in  the
19    Illinois  Streetgang  Terrorism  Omnibus  Prevention Act. Any
20    recording or evidence derived as the result of this exemption
21    shall be inadmissible in any proceeding, criminal,  civil  or
22    administrative,  except (i) where a party to the conversation
23    suffers  great  bodily  injury  or  is  killed  during   such
24    conversation,  or  (ii)  when used as direct impeachment of a
25    witness concerning matters contained in the  interception  or
26    recording.   The  Director  of the Department of State Police
27    shall issue regulations as are necessary concerning  the  use
28    of   devices,  retention  of  tape  recordings,  and  reports
29    regarding their use;
30        (g-5)  With approval  of  the  State's  Attorney  of  the
31    county  in  which it is to occur, recording or listening with
32    the aid of  any  device  to  any  conversation  where  a  law
33    enforcement officer, or any person acting at the direction of
34    law  enforcement,  is  a  party  to  the conversation and has
 
                            -25-     LRB093 04396 WGH 16428 a
 1    consented to it being intercepted or recorded in  the  course
 2    of  an investigation of any offense defined in Article 29D of
 3    this Code. In all such cases, an  application  for  an  order
 4    approving  the previous or continuing use of an eavesdropping
 5    device must be made within 48 hours of  the  commencement  of
 6    such  use.   In  the  absence  of  such an order, or upon its
 7    denial, any continuing use shall immediately  terminate.  The
 8    Director  of  State Police shall issue rules as are necessary
 9    concerning the use of devices, retention of tape  recordings,
10    and reports regarding their use.
11        Any  recording  or  evidence  obtained  or derived in the
12    course of an investigation of any offense defined in  Article
13    29D  of  this Code shall, upon motion of the State's Attorney
14    or Attorney General prosecuting any violation of Article 29D,
15    be reviewed in camera with notice to all parties  present  by
16    the  court presiding over the criminal case, and, if ruled by
17    the court to be relevant and otherwise admissible,  it  shall
18    be admissible at the trial of the criminal case.
19        This subsection (g-5) is inoperative on and after January
20    1,  2005.  No conversations recorded or monitored pursuant to
21    this subsection (g-5) shall be inadmissable in a court of law
22    by virtue of the repeal of this subsection (g-5)  on  January
23    1, 2005;.
24        (h)  Recordings   made   simultaneously   with   a  video
25    recording of an oral conversation between  a  peace  officer,
26    who  has  identified  his or her office, and a person stopped
27    for an investigation of an offense under the Illinois Vehicle
28    Code;
29        (i)  Recording of  a  conversation  made  by  or  at  the
30    request  of  a person, not a law enforcement officer or agent
31    of  a  law  enforcement  officer,  who  is  a  party  to  the
32    conversation, under reasonable suspicion that  another  party
33    to the conversation is committing, is about to commit, or has
34    committed  a  criminal offense against the person or a member
 
                            -26-     LRB093 04396 WGH 16428 a
 1    of his or her immediate household, and  there  is  reason  to
 2    believe that evidence of the criminal offense may be obtained
 3    by the recording; and
 4        (j)  The  use  of a telephone monitoring device by either
 5    (1)  a  corporation  or  other  business  entity  engaged  in
 6    marketing or opinion research or (2) a corporation  or  other
 7    business entity engaged in telephone solicitation, as defined
 8    in  this  subsection,  to  record or listen to oral telephone
 9    solicitation conversations or marketing or  opinion  research
10    conversations  by  an  employee  of  the corporation or other
11    business entity when:
12             (i)  the monitoring  is  used  for  the  purpose  of
13        service  quality control of marketing or opinion research
14        or telephone solicitation, the education or  training  of
15        employees  or contractors engaged in marketing or opinion
16        research or telephone solicitation, or internal  research
17        related  to  marketing  or  opinion research or telephone
18        solicitation; and
19             (ii)  the monitoring is used with the consent of  at
20        least  one person who is an active party to the marketing
21        or   opinion   research   conversation    or    telephone
22        solicitation conversation being monitored.
23        No communication or conversation or any part, portion, or
24    aspect  of  the communication or conversation made, acquired,
25    or obtained, directly or  indirectly,  under  this  exemption
26    (j),  may  be,  directly  or indirectly, furnished to any law
27    enforcement officer, agency, or official for any  purpose  or
28    used  in  any  inquiry or investigation, or used, directly or
29    indirectly,  in  any  administrative,  judicial,   or   other
30    proceeding, or divulged to any third party.
31        When recording or listening authorized by this subsection
32    (j) on telephone lines used for marketing or opinion research
33    or  telephone  solicitation  purposes results in recording or
34    listening to a conversation that does not relate to marketing
 
                            -27-     LRB093 04396 WGH 16428 a
 1    or opinion research or  telephone  solicitation;  the  person
 2    recording  or  listening  shall, immediately upon determining
 3    that the conversation does not relate to marketing or opinion
 4    research or telephone solicitation, terminate  the  recording
 5    or  listening  and  destroy  any such recording as soon as is
 6    practicable.
 7        Business entities that  use  a  telephone  monitoring  or
 8    telephone  recording  system  pursuant  to this exemption (j)
 9    shall provide current and prospective employees  with  notice
10    that the monitoring or recordings may occur during the course
11    of  their  employment.   The  notice  shall include prominent
12    signage notification within the workplace.
13        Business entities that  use  a  telephone  monitoring  or
14    telephone  recording  system  pursuant  to this exemption (j)
15    shall provide  their  employees  or  agents  with  access  to
16    personal-only  telephone  lines  which may be pay telephones,
17    that are not subject to  telephone  monitoring  or  telephone
18    recording.
19        For  the  purposes  of  this  subsection  (j), "telephone
20    solicitation" means a communication  through  the  use  of  a
21    telephone by live operators:
22             (i)  soliciting the sale of goods or services;
23             (ii)  receiving  orders  for  the  sale  of goods or
24        services;
25             (iii)  assisting in the use of goods or services; or
26             (iv)  engaging in the solicitation,  administration,
27        or collection of bank or retail credit accounts.
28        For  the  purposes  of this subsection (j), "marketing or
29    opinion research"  means  a  marketing  or  opinion  research
30    interview  conducted  by a live telephone interviewer engaged
31    by a corporation or other  business  entity  whose  principal
32    business  is  the  design, conduct, and analysis of polls and
33    surveys measuring the opinions, attitudes, and  responses  of
34    respondents  toward  products  and  services,  or  social  or
 
                            -28-     LRB093 04396 WGH 16428 a
 1    political issues, or both; and
 2        (k)  Recording  the  interview or statement of any person
 3    when the person knows that the interview is  being  conducted
 4    by  a law enforcement officer or prosecutor and the interview
 5    takes  place  at  a  police   station   that   is   currently
 6    participating   in  the  Custodial  Interview  Pilot  Program
 7    established under the Illinois Criminal  Justice  Information
 8    Act.
 9    (Source: P.A. 91-357, eff. 7-29-99; 92-854, eff. 12-5-02.)

10        Section  15.  The  Code  of Criminal Procedure of 1963 is
11    amended  by  changing  Sections  114-13,  116-3,  122-1,  and
12    122-2.1 and adding Article 107A and Sections 114-15,  115-21,
13    115-22, 116-5, and 122-2.2 as follows:

14        (725 ILCS 5/107A Art. heading new)
15          ARTICLE 107A.  LINEUP AND PHOTO SPREAD PROCEDURE

16        (725 ILCS 5/107A-5 new)
17        Sec. 107A-5.  Lineup and photo spread procedure.
18        (a)  All  lineups  shall  be  photographed  or  otherwise
19    recorded. These photographs shall be disclosed to the accused
20    and  his  or her defense counsel during discovery proceedings
21    as provided in Illinois Supreme Court Rules. All  photographs
22    of  suspects  shown  to an eyewitness during the photo spread
23    shall be disclosed to the accused  and  his  or  her  defense
24    counsel  during discovery proceedings as provided in Illinois
25    Supreme Court Rules.
26        (b)  Each eyewitness who views a lineup or  photo  spread
27    shall sign a form containing the following information:
28             (1)  The suspect might not be in the lineup or photo
29        spread  and  the  eyewitness  is not obligated to make an
30        identification.
31             (2)  The  eyewitness  should  not  assume  that  the
 
                            -29-     LRB093 04396 WGH 16428 a
 1        person administering the lineup  or  photo  spread  knows
 2        which person is the suspect in the case.
 3        (c)  Suspects  in  a  lineup  or  photo spread should not
 4    appear  to  be  substantially  different  from  "fillers"  or
 5    "distracters" in the lineup or photo  spread,  based  on  the
 6    eyewitness' previous description of the perpetrator, or based
 7    on other factors that would draw attention to the suspect.

 8        (725 ILCS 5/107A-10 new)
 9        Sec.   107A-10.  Pilot   study   on   sequential   lineup
10    procedures.
11        (a)  Legislative  intent.  Because  the  goal of a police
12    investigation  is  to  apprehend  the   person   or   persons
13    responsible for committing a crime, it is useful to conduct a
14    pilot  study  in  the  field  on  the  effectiveness  of  the
15    sequential method for lineup procedures.
16        (b)  Establishment of pilot jurisdictions. The Department
17    of   State  Police  shall  select  3  police  departments  to
18    participate in a one-year pilot study on the effectiveness of
19    the sequential  lineup  method  for  photo  and  live  lineup
20    procedures.  One  such  pilot  jurisdiction shall be a police
21    district within a police department in a  municipality  whose
22    population  is  at  least  500,000  residents; one such pilot
23    jurisdiction shall be a police department in  a  municipality
24    whose  population  is at least 100,000 but less than 500,000;
25    and one such pilot jurisdiction shall be a police  department
26    in  a municipality whose population is less than 100,000. All
27    such pilot jurisdictions shall  be  selected  no  later  than
28    January 1, 2004.
29        (c)  Sequential lineup procedures in pilot jurisdictions.
30    For  any  offense  alleged  to have been committed in a pilot
31    jurisdiction on or after January  1,  2004,  selected  lineup
32    identification procedure shall be presented in the sequential
33    method in which a witness is shown lineup participants one at
 
                            -30-     LRB093 04396 WGH 16428 a
 1    a time, using the following procedures:
 2             (1)  The witness shall be requested to state whether
 3        the  individual  shown  is  the  perpetrator of the crime
 4        prior to viewing the next lineup  participant.  Only  one
 5        member of the lineup shall be a suspect and the remainder
 6        shall  be  "fillers"  who  are  not  suspects but fit the
 7        general description of the offender without  the  suspect
 8        unduly standing out;
 9             (2)  The  lineup  administrator shall be someone who
10        is not aware of which member of the lineup is the suspect
11        in the case; and
12             (3)  Prior  to  presenting  the  lineup  using   the
13        sequential method the lineup administrator shall:
14                  (A)  Inform  the  witness  that the perpetrator
15             may or may not be among those shown, and the witness
16             should not feel compelled to make an identification;
17                  (B)  Inform the witness that  he  or  she  will
18             view individuals one at a time and will be requested
19             to   state  whether  the  individual  shown  is  the
20             perpetrator of the crime, prior to viewing the  next
21             lineup participant; and
22                  (C)  Ask the witness to state in his or her own
23             words  how  sure  he  or  she  is  that  the  person
24             identified  is  the  actual  offender.   During  the
25             statement,  or  as  soon  thereafter  as  reasonably
26             possible,   the  witness's  actual  words  shall  be
27             documented.
28        (d)  Application.  This Section applies to selected  live
29    lineups  that  are composed and presented at a police station
30    and to selected photo lineups regardless of where  presented;
31    provided   that   this  Section  does  not  apply  in  police
32    investigations  in  which  a  spontaneous  identification  is
33    possible and no lineup procedure is being used. This  Section
34    does  not affect the right to counsel afforded by the U.S. or
 
                            -31-     LRB093 04396 WGH 16428 a
 1    Illinois Constitutions  or  State  law  at  any  stage  of  a
 2    criminal proceeding.
 3        (e)  Selection     of    lineups.    The    participating
 4    jurisdictions shall develop a protocol for the selection  and
 5    administration  of  lineups  which  is practical, designed to
 6    elicit information for comparative evaluation  purposes,  and
 7    is consistent with objective scientific research methodology.
 8        (f)  Training and administrators. The Department of State
 9    Police  shall offer training to police officers and any other
10    appropriate personnel on the sequential method of  conducting
11    lineup   procedures   in  the  pilot  jurisdictions  and  the
12    requirements of this Section. The Department of State  Police
13    may  seek  funding  for  training and administration from the
14    Illinois  Criminal  Justice  Information  Authority  and  the
15    Illinois  Law  Enforcement  Training   Standards   Board   if
16    necessary.
17        (g)  Report  on the pilot study.  The Department of State
18    Police  shall   gather   information   from   each   of   the
19    participating   police   departments   selected  as  a  pilot
20    jurisdiction  with  respect  to  the  effectiveness  of   the
21    sequential  method  for  lineup  procedures  and shall file a
22    report of its findings with  the  Governor  and  the  General
23    Assembly no later than April 1, 2005.

24        (725 ILCS 5/114-13) (from Ch. 38, par. 114-13)
25        Sec. 114-13.  Discovery in criminal cases.
26        (a)  Discovery  procedures  in criminal cases shall be in
27    accordance with Supreme Court Rules.
28        (b)  Any public investigative, law enforcement, or  other
29    public  agency  responsible  for  investigating  any homicide
30    offense or participating in an investigation of any  homicide
31    offense,  other  than defense investigators, shall provide to
32    the  authority  prosecuting  the  offense  all  investigative
33    material, including but not limited  to  reports,  memoranda,
 
                            -32-     LRB093 04396 WGH 16428 a
 1    and  field  notes,  that  have been generated by or have come
 2    into the possession of the  investigating  agency  concerning
 3    the  homicide  offense  being  investigated. In addition, the
 4    investigating  agency  shall  provide  to   the   prosecuting
 5    authority  any  material  or  information,  including but not
 6    limited to reports, memoranda, and field  notes,  within  its
 7    possession  or control that would tend to negate the guilt of
 8    the accused of the offense  charged  or  reduce  his  or  her
 9    punishment  for the homicide offense. Every investigative and
10    law enforcement agency in this State shall adopt policies  to
11    ensure  compliance  with  these standards. Any investigative,
12    law enforcement,  or  other  public  agency  responsible  for
13    investigating    any   "non-homicide   felony"   offense   or
14    participating  in  an  investigation  of  any   "non-homicide
15    felony"  offense,  other  than  defense  investigators, shall
16    provide  to  the  authority  prosecuting  the   offense   all
17    investigative  material, including but not limited to reports
18    and memoranda that have been generated by or have  come  into
19    the  possession  of  the  investigating agency concerning the
20    "non-homicide  felony"  offense   being   investigated.    In
21    addition,  the  investigating  agency  shall  provide  to the
22    prosecuting authority any material or information,  including
23    but   not  limited  to  reports  and  memoranda,  within  its
24    possession or control that would tend to negate the guilt  of
25    the  accused  of the "non-homicide felony" offense charged or
26    reduce his or her punishment for  the  "non-homicide  felony"
27    offense.    This  obligation  to furnish exculpatory evidence
28    exists whether the information was recorded or documented  in
29    any  form.  Every investigative and law enforcement agency in
30    this State shall adopt policies  to  ensure  compliance  with
31    these standards.
32    (Source: Laws 1963, p. 2836.)

33        (725 ILCS 5/114-15 new)
 
                            -33-     LRB093 04396 WGH 16428 a
 1        Sec. 114-15.  Mental retardation.
 2        (a)  In  a  first  degree  murder case in which the State
 3    seeks the death penalty as an appropriate sentence, any party
 4    may raise the issue of the defendant's mental retardation  by
 5    motion.  A defendant wishing to raise the issue of his or her
 6    mental retardation shall provide written notice to the  State
 7    and  the  court  as soon as the defendant reasonably believes
 8    such issue will be raised.
 9        (b)  The issue  of  the  defendant's  mental  retardation
10    shall be determined in a pretrial hearing. The court shall be
11    the  fact  finder  on  the  issue  of  the defendant's mental
12    retardation and shall determine the issue by a  preponderance
13    of  evidence  in  which  the  moving  party has the burden of
14    proof. The court may appoint an expert in the field of mental
15    retardation. The defendant and the State  may  offer  experts
16    from  the  field  of  mental  retardation.  The  court  shall
17    determine  admissibility  of evidence and qualification as an
18    expert.
19        (c)  If after a plea of guilty to first degree murder, or
20    a finding of guilty of first degree murder in a bench  trial,
21    or  a  verdict  of  guilty  for first degree murder in a jury
22    trial, or on a matter remanded from  the  Supreme  Court  for
23    sentencing  for  first degree murder, and the State seeks the
24    death penalty as an appropriate sentence, the  defendant  may
25    raise  the  issue  of  defendant's  mental retardation not at
26    eligibility but at aggravation and mitigation.  The defendant
27    and the State may offer experts  from  the  field  of  mental
28    retardation.   The  court  shall  determine  admissibility of
29    evidence and qualification as an expert.
30        (d)  In determining whether  the  defendant  is  mentally
31    retarded,  the mental retardation must have manifested itself
32    by  the  age  of  18.    IQ  tests  and  psychometric   tests
33    administered  to  the  defendant  must  be  the kind and type
34    recognized by experts in the field of mental retardation.  In
 
                            -34-     LRB093 04396 WGH 16428 a
 1    order for the defendant to be considered mentally retarded, a
 2    low  IQ  must  be  accompanied  by  significant  deficits  in
 3    adaptive behavior in at least 2 of the following skill areas:
 4    communication,  self-care,  social  or  interpersonal skills,
 5    home living, self-direction, academics,  health  and  safety,
 6    use  of  community  resources,  and  work.    An intelligence
 7    quotient (IQ) of 75  or  below  is  presumptive  evidence  of
 8    mental retardation.
 9        (e)  Evidence  of  mental retardation that did not result
10    in  disqualifying  the  case  as  a  capital  case,  may   be
11    introduced   as  evidence  in  mitigation  during  a  capital
12    sentencing hearing. A failure of the court to determine  that
13    the  defendant  is  mentally  retarded  does not preclude the
14    court during trial from allowing evidence relating to  mental
15    disability should the court deem it appropriate.
16        (f)  If  the  court  determines  at a pretrial hearing or
17    after remand that a capital defendant is  mentally  retarded,
18    and  the State does not appeal pursuant to Supreme Court Rule
19    604, the case shall no longer be considered  a  capital  case
20    and  the  procedural guidelines established for capital cases
21    shall no longer be applicable  to  the  defendant.   In  that
22    case,  the  defendant shall be sentenced under the sentencing
23    provisions of Chapter V of the Unified Code of Corrections.

24        (725 ILCS 5/115-21 new)
25        Sec. 115-21.  Informant testimony.
26        (a)  For the purposes of this Section, "informant"  means
27    someone who is purporting to testify about admissions made to
28    him  or  her  by  the  accused  while incarcerated in a penal
29    institution contemporaneously.
30        (b)  This Section applies to any capital  case  in  which
31    the   prosecution   attempts   to   introduce   evidence   of
32    incriminating  statements made by the accused to or overheard
33    by an informant.
 
                            -35-     LRB093 04396 WGH 16428 a
 1        (c)  In any case  under  this  Section,  the  prosecution
 2    shall timely disclose in discovery:
 3             (1)  the complete criminal history of the informant;
 4             (2)  any  deal, promise, inducement, or benefit that
 5        the offering party has made or will make in the future to
 6        the informant;
 7             (3)  the statements made by the accused;
 8             (4)  the time and place of the statements, the  time
 9        and   place   of  their  disclosure  to  law  enforcement
10        officials, and the names of all persons who were  present
11        when the statements were made;
12             (5)  whether at any time the informant recanted that
13        testimony  or statement and, if so, the time and place of
14        the recantation, the nature of the recantation,  and  the
15        names of the persons who were present at the recantation;
16             (6)  other  cases  in which the informant testified,
17        provided that the existence  of  such  testimony  can  be
18        ascertained  through  reasonable  inquiry and whether the
19        informant received any promise, inducement, or benefit in
20        exchange  for  or  subsequent  to   that   testimony   or
21        statement; and
22             (7)  any   other   information   relevant   to   the
23        informant's credibility.
24        (d)  In any case under this Section, the prosecution must
25    timely  disclose  its intent to introduce the testimony of an
26    informant.  The court shall conduct a  hearing  to  determine
27    whether  the  testimony  of the informant is reliable, unless
28    the defendant waives such  a  hearing.   If  the  prosecution
29    fails  to  show  by  a preponderance of the evidence that the
30    informant's testimony is reliable, the court shall not  allow
31    the  testimony  to  be  heard at trial.  At this hearing, the
32    court shall consider the factors enumerated in subsection (c)
33    as well as any other factors relating to reliability.
34        (e)  A hearing required under  subsection  (d)  does  not
 
                            -36-     LRB093 04396 WGH 16428 a
 1    apply  to  statements  covered  under subsection (b) that are
 2    lawfully recorded.
 3        (f)  This  Section   applies   to   all   death   penalty
 4    prosecutions initiated on or after the effective date of this
 5    amendatory Act of the 93rd General Assembly.

 6        (725 ILCS 5/115-22 new)
 7        Sec.   115-22.  Witness   inducements.   When  the  State
 8    intends to introduce the testimony of a witness in a  capital
 9    case,   the  State  shall,  before  trial,  disclose  to  the
10    defendant and to his or her  defense  counsel  the  following
11    information, which shall be reduced to writing:
12             (1)  whether   the  witness  has  received  or  been
13        promised   anything,   including   pay,   immunity   from
14        prosecution,  leniency  in   prosecution,   or   personal
15        advantage, in exchange for testimony;
16             (2)  any  other  case in which the witness testified
17        or offered statements against an individual but  was  not
18        called,  and  whether the statements were admitted in the
19        case, and whether the witness received any deal, promise,
20        inducement, or benefit in exchange for that testimony  or
21        statement;  provided that the existence of such testimony
22        can be ascertained through reasonable inquiry;
23             (3)  whether the witness has ever changed his or her
24        testimony;
25             (4)  the criminal history of the witness; and
26             (5)  any other evidence relevant to the  credibility
27        of the witness.

28        (725 ILCS 5/116-3)
29        Sec.  116-3.  Motion  for fingerprint or forensic testing
30    not available at trial regarding actual innocence.
31        (a)  A defendant may make a motion before the trial court
32    that entered the judgment of conviction in his  or  her  case
 
                            -37-     LRB093 04396 WGH 16428 a
 1    for  the  performance of fingerprint or forensic DNA testing,
 2    including comparison analysis of genetic marker groupings  of
 3    the  evidence collected by criminal justice agencies pursuant
 4    to the alleged offense, to those of the defendant,  to  those
 5    of  other  forensic  evidence,  and to those maintained under
 6    subsection (f) of  Section  5-4-3  of  the  Unified  Code  of
 7    Corrections,  on evidence that was secured in relation to the
 8    trial which resulted in his or her conviction, but which  was
 9    not subject to the testing which is now requested because the
10    technology  for  the testing was not available at the time of
11    trial.  Reasonable notice of the motion shall be served  upon
12    the State.
13        (b)  The defendant must present a prima facie case that:
14             (1)  identity  was  the  issue  in  the  trial which
15        resulted in his or her conviction; and
16             (2)  the evidence to be tested has been subject to a
17        chain of custody sufficient to establish that it has  not
18        been  substituted, tampered with, replaced, or altered in
19        any material aspect.
20        (c)  The  trial  court  shall  allow  the  testing  under
21    reasonable  conditions  designed  to  protect   the   State's
22    interests  in  the  integrity of the evidence and the testing
23    process upon a determination that:
24             (1)  the result of the testing  has  the  scientific
25        potential   to   produce   new,   noncumulative  evidence
26        materially  relevant  to  the  defendant's  assertion  of
27        actual  innocence  even  though  the  results   may   not
28        completely exonerate the defendant;
29             (2)  the  testing  requested  employs  a  scientific
30        method  generally accepted within the relevant scientific
31        community.
32    (Source: P.A. 90-141, eff. 1-1-98.)

33        (725 ILCS 5/116-5 new)
 
                            -38-     LRB093 04396 WGH 16428 a
 1        Sec. 116-5.  Motion  for  DNA  database  search  (genetic
 2    marker groupings comparison analysis).
 3        (a)  Upon  motion by a defendant charged with any offense
 4    where  DNA  evidence  may  be   material   to   the   defense
 5    investigation  or  relevant at trial, a court may order a DNA
 6    database search by  the  Department  of  State  Police.  Such
 7    analysis may include comparing:
 8             (1)  the genetic profile from forensic evidence that
 9        was  secured in relation to the trial against the genetic
10        profile of the defendant,
11             (2)  the  genetic  profile  of  items  of   forensic
12        evidence  secured  in  relation  to  trial to the genetic
13        profile of other forensic evidence secured in relation to
14        trial, or
15             (3)  the   genetic   profiles   referred    to    in
16        subdivisions (1) and (2) against:
17                  (i)  genetic  profiles  of offenders maintained
18             under subsection (f) of Section 5-4-3 of the Unified
19             Code of Corrections, or
20                  (ii)  genetic  profiles,  including   but   not
21             limited to, profiles from unsolved crimes maintained
22             in  state  or local DNA databases by law enforcement
23             agencies.
24        (b)  If appropriate federal criteria are met,  the  court
25    may  order  the  Department  of  State  Police to request the
26    National DNA index system to search its database  of  genetic
27    profiles.
28        (c)  If    requested    by   the   defense,   a   defense
29    representative shall be allowed to view  any  genetic  marker
30    grouping  analysis  conducted  by  the  Department  of  State
31    Police.  The  defense  shall  be  provided with copies of all
32    documentation,     correspondence,     including      digital
33    correspondence,  notes,  memoranda,  and reports generated in
34    relation to the analysis.
 
                            -39-     LRB093 04396 WGH 16428 a
 1        (d)  Reasonable notice of the motion shall be served upon
 2    the State.

 3        (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
 4        Sec. 122-1. Petition in the trial court.
 5        (a)  Any  person  imprisoned  in  the  penitentiary   may
 6    institute  a  proceeding under this Article if the person who
 7    asserts that:
 8             (1)  in the proceedings which resulted in his or her
 9        conviction there was a substantial denial of his  or  her
10        rights  under the Constitution of the United States or of
11        the State  of  Illinois  or  both;  or  may  institute  a
12        proceeding under this Article.
13             (2)  the  death  penalty  was  imposed  and there is
14        newly discovered evidence not available to the person  at
15        the  time  of  the proceeding that resulted in his or her
16        conviction  that  establishes  a  substantial  basis   to
17        believe  that the defendant is actually innocent by clear
18        and convincing evidence.
19        (a-5)  A proceeding under paragraph (2) of subsection (a)
20    may be commenced within a reasonable period of time after the
21    person's conviction notwithstanding any other  provisions  of
22    this   Article.   In   such  a  proceeding  regarding  actual
23    innocence, if the court determines the petition is  frivolous
24    or  is  patently without merit, it shall dismiss the petition
25    in a written order,  specifying  the  findings  of  fact  and
26    conclusions  of  law  it  made in reaching its decision. Such
27    order of dismissal is a final judgment and  shall  be  served
28    upon  the  petitioner by certified mail within 10 days of its
29    entry.
30        (b)  The proceeding shall be commenced by filing with the
31    clerk of the court in  which  the  conviction  took  place  a
32    petition   (together   with   a  copy  thereof)  verified  by
33    affidavit.  Petitioner shall also serve another copy upon the
 
                            -40-     LRB093 04396 WGH 16428 a
 1    State's Attorney by any of the methods provided in Rule 7  of
 2    the  Supreme  Court.  The clerk shall docket the petition for
 3    consideration by the court pursuant to Section  122-2.1  upon
 4    his or her receipt thereof and bring the same promptly to the
 5    attention of the court.
 6        (c)  Except as otherwise provided in subsection (a-5), if
 7    the  petitioner  is  under  sentence of death, no proceedings
 8    under this Article shall be  commenced  more  than  6  months
 9    after  the  denial of a petition for certiorari to the United
10    States Supreme Court on direct appeal, or more than 6  months
11    from  the  date  for filing such a petition if none is filed,
12    unless the petitioner alleges facts showing  that  the  delay
13    was not due to his or her culpable negligence.
14        When  a  defendant  has  a  sentence other than death, no
15    proceedings under this Article shall be commenced more than 6
16    months after the denial of the Petition for Leave  to  Appeal
17    to the Illinois Supreme Court, or more than 6 months from the
18    date  for filing such a petition if none is filed, unless the
19    petitioner alleges facts showing that the delay was  not  due
20    to his or her culpable negligence.
21        This  limitation does not apply to a petition advancing a
22    claim of actual innocence. no proceedings under this  Article
23    shall  be  commenced more than 6 months after the denial of a
24    petition for leave  to appeal or the date for filing  such  a
25    petition  if  none  is  filed  or more than 45 days after the
26    defendant files his  or  her  brief  in  the  appeal  of  the
27    sentence  before  the Illinois Supreme Court (or more than 45
28    days after the deadline for the  filing  of  the  defendant's
29    brief  with  the Illinois Supreme Court if no brief is filed)
30    or 3 years from the date of conviction, whichever is  sooner,
31    unless  the  petitioner  alleges facts showing that the delay
32    was not due to his or her culpable negligence.
33        (d)  A person seeking relief by filing a  petition  under
34    this Section must specify in the petition or its heading that
 
                            -41-     LRB093 04396 WGH 16428 a
 1    it  is  filed  under  this  Section.   A trial court that has
 2    received a petition complaining of a conviction  or  sentence
 3    that  fails to specify in the petition or its heading that it
 4    is filed under this Section need not evaluate the petition to
 5    determine whether it could otherwise have stated some grounds
 6    for relief under this Article.
 7        (e)  A proceeding under this Article may not be commenced
 8    on behalf of a defendant who  has  been  sentenced  to  death
 9    without  the  written  consent  of  the defendant, unless the
10    defendant, because of a  mental  or  physical  condition,  is
11    incapable of asserting his or her own claim.
12    (Source:  P.A.  89-284,  eff.  1-1-96;  89-609,  eff. 1-1-97;
13    89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)

14        (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
15        Sec. 122-2.1. (a) Within 90 days  after  the  filing  and
16    docketing  of  each  petition,  the  court shall examine such
17    petition and enter an order thereon pursuant to this Section.
18             (1)  If the petitioner is under  sentence  of  death
19        and  is  without  counsel  and alleges that he is without
20        means to procure counsel, he shall state whether  or  not
21        he  wishes  counsel to be appointed to represent him.  If
22        appointment of counsel is so requested, the  court  shall
23        appoint  counsel  if satisfied that the petitioner has no
24        means to procure counsel.
25             (2)  If the petitioner is sentenced to  imprisonment
26        and  the court determines the petition is frivolous or is
27        patently without merit, it shall dismiss the petition  in
28        a  written  order,  specifying  the  findings of fact and
29        conclusions of law it  made  in  reaching  its  decision.
30        Such  order of dismissal is a final judgment and shall be
31        served upon the petitioner by certified  mail  within  10
32        days of its entry.
33        (b)  If  the  petition  is not dismissed pursuant to this
 
                            -42-     LRB093 04396 WGH 16428 a
 1    Section, the court shall order the petition  to  be  docketed
 2    for  further  consideration in accordance with Sections 122-4
 3    through 122-6. If the petitioner is under sentence of  death,
 4    the court shall order the petition to be docketed for further
 5    consideration  and  hearing  within one year of the filing of
 6    the petition. Continuances may be granted as the court  deems
 7    appropriate.
 8        (c)  In  considering a petition pursuant to this Section,
 9    the court may examine the court file  of  the  proceeding  in
10    which  the  petitioner  was convicted, any action taken by an
11    appellate court in such proceeding  and  any  transcripts  of
12    such proceeding.
13    (Source: P.A. 86-655; 87-904.)

14        (725 ILCS 5/122-2.2 new)
15        Sec.  122-2.2.  Mental  retardation  and  post-conviction
16    relief.
17        (a)  In   cases   where   no   determination   of  mental
18    retardation was made and a defendant has  been  convicted  of
19    first-degree  murder,  sentenced  to death, and is in custody
20    pending execution of the sentence  of  death,  the  following
21    procedures shall apply:
22             (1)  Notwithstanding  any  other provision of law or
23        rule of court, a defendant may seek relief from the death
24        sentence through a petition  for  post-conviction  relief
25        under  this  Article  alleging  that  the  defendant  was
26        mentally  retarded  as  defined  in Section 114-15 at the
27        time the offense was alleged to have been committed.
28             (2)  The petition must be filed within 180  days  of
29        the  effective  date  of  this amendatory Act of the 93rd
30        General Assembly or within 180 days of  the  issuance  of
31        the  mandate  by  the  Illinois Supreme Court setting the
32        date of execution, whichever is later.
33        (3)  All  other  provisions  of  this  Article  governing
 
                            -43-     LRB093 04396 WGH 16428 a
 1    petitions  for  post-conviction  relief  shall  apply  to   a
 2    petition   for   post-conviction   relief   alleging   mental
 3    retardation.

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

 6        (725 ILCS 124/15)
 7        (Section scheduled to be repealed on July 1, 2004)
 8        Sec. 15.  Capital Litigation Trust Fund.
 9        (a)  The  Capital  Litigation  Trust Fund is created as a
10    special fund in the State Treasury.  The Trust Fund shall  be
11    administered by the State Treasurer to provide moneys for the
12    appropriations   to  be  made,  grants  to  be  awarded,  and
13    compensation and expenses to be paid under  this  Act.    All
14    interest  earned  from  the  investment  or deposit of moneys
15    accumulated in the Trust Fund shall, under Section 4.1 of the
16    State Finance Act,  be deposited into the Trust Fund.
17        (b)  Moneys deposited into the Trust Fund  shall  not  be
18    considered general revenue of the State of Illinois.
19        (c)  Moneys  deposited  into the Trust Fund shall be used
20    exclusively for the purposes of  providing  funding  for  the
21    prosecution  and defense of capital cases as provided in this
22    Act and shall not be appropriated, loaned, or in  any  manner
23    transferred  to  the  General  Revenue  Fund  of the State of
24    Illinois.
25        (d)  Every fiscal year the State Treasurer shall transfer
26    from the General Revenue Fund to the Capital Litigation Trust
27    Fund  an  amount  equal  to  the  full   amount   of   moneys
28    appropriated  by  the  General Assembly (both by original and
29    supplemental appropriation), less any unexpended balance from
30    the previous fiscal year, from the Capital  Litigation  Trust
31    Fund for the specific purpose of making funding available for
32    the  prosecution  and  defense  of capital cases.  The Public
 
                            -44-     LRB093 04396 WGH 16428 a
 1    Defender and State's  Attorney  in  Cook  County,  the  State
 2    Appellate   Defender,   the   State's   Attorneys   Appellate
 3    Prosecutor,  and  the  Attorney  General  shall  make  annual
 4    requests for appropriations from the Trust Fund.
 5             (1)  The   Public  Defender  in  Cook  County  shall
 6        request  appropriations  to  the  State   Treasurer   for
 7        expenses  incurred by the Public Defender and for funding
 8        for private appointed defense counsel in Cook  County.
 9             (2)  The  State's  Attorney  in  Cook  County  shall
10        request an  appropriation  to  the  State  Treasurer  for
11        expenses incurred by the State's Attorney.
12             (3)  The  State  Appellate  Defender shall request a
13        direct appropriation from the  Trust  Fund  for  expenses
14        incurred  by  the  State  Appellate Defender in providing
15        assistance  to  trial  attorneys  under  item  (c)(5)  of
16        Section 10 of the State Appellate  Defender  Act  and  an
17        appropriation  to  the  State Treasurer for payments from
18        the Trust Fund for the defense of cases in counties other
19        than Cook County.
20             (4)  The  State's  Attorneys  Appellate   Prosecutor
21        shall  request a direct appropriation from the Trust Fund
22        to  pay  expenses  incurred  by  the  State's   Attorneys
23        Appellate  Prosecutor  and  an appropriation to the State
24        Treasurer for payments from the Trust Fund  for  expenses
25        incurred by State's Attorneys in counties other than Cook
26        County.
27             (5)  The  Attorney  General  shall  request a direct
28        appropriation  from  the  Trust  Fund  to  pay   expenses
29        incurred by the Attorney General in assisting the State's
30        Attorneys in counties other than Cook County.
31        The  Public Defender and State's Attorney in Cook County,
32    the State Appellate Defender, the State's Attorneys Appellate
33    Prosecutor,  and  the  Attorney  General  may  each   request
34    supplemental  appropriations  from  the Trust Fund during the
 
                            -45-     LRB093 04396 WGH 16428 a
 1    fiscal year.
 2        (e)  Moneys in the Trust Fund shall be expended  only  as
 3    follows:
 4             (1)  To   pay   the   State   Treasurer's  costs  to
 5        administer the Trust Fund.  The amount for  this  purpose
 6        may  not  exceed  5% in any one fiscal year of the amount
 7        otherwise appropriated from the Trust Fund  in  the  same
 8        fiscal year.
 9             (2)  To pay the capital litigation expenses of trial
10        defense  including,  but  not  limited  to,  DNA testing,
11        including DNA testing under Section 116-3 of the Code  of
12        Criminal   Procedure   of   1963,  analysis,  and  expert
13        testimony, investigatory and  other  assistance,  expert,
14        forensic,    and    other   witnesses,   and   mitigation
15        specialists,  and  grants  and  aid  provided  to  public
16        defenders  or  assistance  to  attorneys  who  have  been
17        appointed by the court to represent  defendants  who  are
18        charged with capital crimes.
19             (3)  To  pay  the  compensation  of trial attorneys,
20        other than public defenders, who have been  appointed  by
21        the  court  to  represent defendants who are charged with
22        capital crimes.
23             (4)  To provide State's Attorneys with  funding  for
24        capital  litigation  expenses  including, but not limited
25        to,  investigatory  and  other  assistance  and   expert,
26        forensic,  and  other  witnesses  necessary to  prosecute
27        capital cases.  State's Attorneys  in  any  county  other
28        than  Cook  County seeking funding for capital litigation
29        expenses including, but not limited to, investigatory and
30        other assistance and expert, forensic, or other witnesses
31        under this Section may request that the State's Attorneys
32        Appellate Prosecutor or the Attorney General, as the case
33        may be, certify the expenses  as  reasonable,  necessary,
34        and  appropriate  for  payment  from the Trust Fund, on a
 
                            -46-     LRB093 04396 WGH 16428 a
 1        form created by the State Treasurer.  Upon  certification
 2        of  the expenses and delivery of the certification to the
 3        State Treasurer, the Treasurer  shall  pay  the  expenses
 4        directly  from the Capital Litigation Trust Fund if there
 5        are sufficient moneys  in  the  Trust  Fund  to  pay  the
 6        expenses.
 7             (5)  To   provide   financial  support  through  the
 8        Attorney General pursuant to the Attorney General Act for
 9        the several county  State's  Attorneys  outside  of  Cook
10        County,  but  shall not be used to increase personnel for
11        the Attorney General's Office.
12             (6)  To  provide  financial  support   through   the
13        State's  Attorneys  Appellate  Prosecutor pursuant to the
14        State's Attorneys  Appellate  Prosecutor's  Act  for  the
15        several  county State's Attorneys outside of Cook County,
16        but shall not be  used  to  increase  personnel  for  the
17        State's Attorneys Appellate Prosecutor.
18             (7)  To  provide  financial  support  to  the  State
19        Appellate   Defender  pursuant  to  the  State  Appellate
20        Defender Act.
21        Moneys expended from the Trust Fund shall be in  addition
22    to county funding for Public Defenders and State's Attorneys,
23    and  shall  not  be  used  to supplant or reduce ordinary and
24    customary county funding.
25        (f)  Moneys in the Trust Fund shall  be  appropriated  to
26    the State Appellate Defender, the State's Attorneys Appellate
27    Prosecutor,  the  Attorney  General, and the State Treasurer.
28    The State Appellate Defender shall receive  an  appropriation
29    from  the  Trust  Fund  to enable it to provide assistance to
30    appointed defense counsel throughout the State and to  Public
31    Defenders in counties other than Cook.  The State's Attorneys
32    Appellate  Prosecutor  and the Attorney General shall receive
33    appropriations from the Trust Fund to enable them to  provide
34    assistance  to  State's Attorneys in counties other than Cook
 
                            -47-     LRB093 04396 WGH 16428 a
 1    County.  Moneys shall be appropriated to the State  Treasurer
 2    to  enable  the  Treasurer (i) to make grants to Cook County,
 3    (ii) to pay the expenses  of  Public  Defenders  and  State's
 4    Attorneys  in  counties  other than Cook County, (iii) to pay
 5    the expenses and compensation of appointed defense counsel in
 6    counties other than Cook County, and (iv) to pay the costs of
 7    administering the Trust Fund.  All  expenditures  and  grants
 8    made  from  the  Trust  Fund shall be subject to audit by the
 9    Auditor General.
10        (g)  For Cook County, grants from the Trust Fund shall be
11    made and administered as follows:
12             (1)  For  each  State  fiscal  year,   the   State's
13        Attorney  and  Public  Defender must each make a separate
14        application to the State Treasurer for capital litigation
15        grants.
16             (2)  The State Treasurer shall establish  rules  and
17        procedures  for  grant  applications.   The  rules  shall
18        require  the Cook County Treasurer as the grant recipient
19        to report on a periodic basis to the State Treasurer  how
20        much  of  the  grant  has  been expended, how much of the
21        grant is remaining, and the purposes for which the  grant
22        has  been  used.   The  rules  may  also require the Cook
23        County Treasurer to certify  on  a  periodic  basis  that
24        expenditures  of  the  funds  have been made for expenses
25        that  are  reasonable,  necessary,  and  appropriate  for
26        payment from the Trust Fund.
27             (3)  The State Treasurer shall make  the  grants  to
28        the  Cook  County Treasurer as soon as possible after the
29        beginning of the State fiscal year.
30             (4)  The State's Attorney  or  Public  Defender  may
31        apply for supplemental grants during the fiscal year.
32             (5)  Grant  moneys  shall be paid to the Cook County
33        Treasurer in block grants and held in  separate  accounts
34        for  the State's Attorney, the Public Defender, and court
 
                            -48-     LRB093 04396 WGH 16428 a
 1        appointed defense counsel  other  than  the  Cook  County
 2        Public  Defender, respectively, for the designated fiscal
 3        year, and are not subject to county appropriation.
 4             (6)  Expenditure  of   grant   moneys   under   this
 5        subsection  (g)  is  subject  to  audit  by  the  Auditor
 6        General.
 7             (7)  The  Cook  County  Treasurer  shall immediately
 8        make payment from the appropriate separate account in the
 9        county treasury for capital litigation  expenses  to  the
10        State's  Attorney,  Public  Defender,  or court appointed
11        defense counsel other than the Public  Defender,  as  the
12        case  may  be, upon order of the State's Attorney, Public
13        Defender or the court, respectively.
14        (h)  If a defendant in a capital case in Cook  County  is
15    represented  by  court  appointed counsel other than the Cook
16    County Public Defender, the appointed counsel shall  petition
17    the court for an order directing the Cook County Treasurer to
18    pay  the  court  appointed counsel's reasonable and necessary
19    compensation  and  capital  litigation  expenses  from  grant
20    moneys provided from the Trust Fund. These petitions shall be
21    considered  in  camera.    Orders   denying   petitions   for
22    compensation  or expenses are final. Counsel may not petition
23    for expenses that may have been provided  or  compensated  by
24    the  State Appellate Defender under item (c)(5) of Section 10
25    of the State Appellate Defender Act.
26        (i)  In counties other than Cook  County,  and  excluding
27    capital  litigation  expenses  or services that may have been
28    provided by the State Appellate Defender under item (c)(5) of
29    Section 10 of the State Appellate Defender Act:
30             (1)  Upon certification by the circuit court,  on  a
31        form  created  by  the  State  Treasurer,  that  all or a
32        portion of the expenses are  reasonable,  necessary,  and
33        appropriate  for  payment  from  the  Trust  Fund and the
34        court's delivery of the certification to  the  Treasurer,
 
                            -49-     LRB093 04396 WGH 16428 a
 1        the  Treasurer shall pay the certified expenses of Public
 2        Defenders from the money appropriated  to  the  Treasurer
 3        for  capital  litigation  expenses of Public Defenders in
 4        any  county  other  than  Cook  County,  if   there   are
 5        sufficient moneys in the Trust Fund to pay the expenses.
 6             (2)  If a defendant in a capital case is represented
 7        by   court   appointed  counsel  other  than  the  Public
 8        Defender, the appointed counsel shall petition the  court
 9        to  certify  compensation and capital litigation expenses
10        including, but not limited to,  investigatory  and  other
11        assistance,  expert,  forensic,  and other witnesses, and
12        mitigation  specialists  as  reasonable,  necessary,  and
13        appropriate  for  payment  from  the  Trust  Fund.   Upon
14        certification on a form created by the State Treasurer of
15        all  or  a  portion  of  the  compensation  and  expenses
16        certified as reasonable, necessary, and  appropriate  for
17        payment  from  the Trust Fund and the court's delivery of
18        the certification to the Treasurer, the  State  Treasurer
19        shall  pay  the  certified compensation and expenses from
20        the money appropriated to the Treasurer for that purpose,
21        if there are sufficient moneys in the Trust Fund to  make
22        those payments.
23             (3)  A  petition  for  capital  litigation  expenses
24        under  this  subsection  shall  be  considered in camera.
25        Orders denying petitions for compensation or expenses are
26        final.
27        (j)  If the Trust Fund is discontinued or dissolved by an
28    Act of the General Assembly  or  by  operation  of  law,  any
29    balance  remaining in the Trust Fund shall be returned to the
30    General Revenue Fund after deduction of administrative costs,
31    any  other  provision   of   this   Act   to   the   contrary
32    notwithstanding.
33    (Source: P.A. 91-589, eff. 1-1-00.)
 
                            -50-     LRB093 04396 WGH 16428 a
 1        (725 ILCS 124/19)
 2        (Section scheduled to be repealed on July 1, 2004)
 3        Sec. 19.  Report; repeal.
 4        (a)  The  Cook  County  Public  Defender, the Cook County
 5    State's Attorney, the State Appellate Defender,  the  State's
 6    Attorneys  Appellate  Prosecutor,  and  the  Attorney General
 7    shall each report  separately  to  the  General  Assembly  by
 8    January  1,  2004  detailing the amounts of money received by
 9    them through this Act, the uses for which  those  funds  were
10    expended,  the  balances then in the Capital Litigation Trust
11    Fund  or county accounts, as the case may  be,  dedicated  to
12    them  for  the use and support of Public Defenders, appointed
13    trial defense counsel, and State's Attorneys, as the case may
14    be.  The report shall  describe  and  discuss  the  need  for
15    continued   funding   through   the   Fund  and  contain  any
16    suggestions for changes to this Act.
17        (b)  (Blank).  Unless  the  General   Assembly   provides
18    otherwise, this Act is repealed on July 1, 2004.
19    (Source: P.A. 91-589, eff. 1-1-00.)

20        Section  25.  The  Unified Code of Corrections is amended
21    by changing Section 5-4-3 as follows:

22        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
23        Sec. 5-4-3.  Persons convicted of,  or  found  delinquent
24    for,   certain  offenses  or  institutionalized  as  sexually
25    dangerous; specimens; genetic marker groups.
26        (a)  Any person convicted  of,  found  guilty  under  the
27    Juvenile Court Act of 1987 for, or who received a disposition
28    of  court supervision for, a qualifying offense or attempt of
29    a qualifying  offense,  convicted  or  found  guilty  of  any
30    offense  classified  as  a  felony  under Illinois law, found
31    guilty or given supervision for any offense classified  as  a
32    felony   under   the   Juvenile   Court   Act   of  1987,  or
 
                            -51-     LRB093 04396 WGH 16428 a
 1    institutionalized as a sexually dangerous  person  under  the
 2    Sexually  Dangerous  Persons  Act, or committed as a sexually
 3    violent person under the Sexually Violent Persons  Commitment
 4    Act shall, regardless of the sentence or disposition imposed,
 5    be  required  to submit specimens of blood, saliva, or tissue
 6    to the Illinois Department of State Police in accordance with
 7    the provisions of this Section, provided such person is:
 8             (1)  convicted of a qualifying offense or attempt of
 9        a qualifying  offense  on  or  after  July  1,  1990  the
10        effective  date  of  this  amendatory  Act  of  1989, and
11        sentenced   to   a   term   of   imprisonment,   periodic
12        imprisonment, fine, probation, conditional  discharge  or
13        any  other  form  of  sentence, or given a disposition of
14        court supervision for the offense;, or
15             (1.5)  found guilty or given supervision  under  the
16        Juvenile  Court  Act  of 1987 for a qualifying offense or
17        attempt of a qualifying offense on or  after  January  1,
18        1997;  the effective date of this amendatory Act of 1996,
19        or
20             (2)  ordered   institutionalized   as   a   sexually
21        dangerous person on or after July 1, 1990; the  effective
22        date of this amendatory Act of 1989, or
23             (3)  convicted of a qualifying offense or attempt of
24        a  qualifying  offense  before July 1, 1990 the effective
25        date of this amendatory Act  of  1989  and  is  presently
26        confined  as  a  result  of  such conviction in any State
27        correctional facility or  county  jail  or  is  presently
28        serving a sentence of probation, conditional discharge or
29        periodic imprisonment as a result of such conviction;, or
30             (3.5)  convicted  or  found  guilty  of  any offense
31        classified as a felony under Illinois law or found guilty
32        or given  supervision  for  such  an  offense  under  the
33        Juvenile  Court  Act of 1987 on or after August 22, 2002;
34        the effective date  of this amendatory Act  of  the  92nd
 
                            -52-     LRB093 04396 WGH 16428 a
 1        General Assembly, or
 2             (4)  presently   institutionalized   as  a  sexually
 3        dangerous person  or  presently  institutionalized  as  a
 4        person  found guilty but mentally ill of a sexual offense
 5        or attempt to commit a sexual offense; or
 6             (4.5)  ordered  committed  as  a  sexually   violent
 7        person  on  or  after  the effective date of the Sexually
 8        Violent Persons Commitment Act; or
 9             (5)  seeking transfer to or  residency  in  Illinois
10        under  Sections 3-3-11.05 through 3-3-11.5 of the Unified
11        Code of Corrections and the Interstate Compact for  Adult
12        Offender  Supervision  or  the  Interstate  Agreements on
13        Sexually Dangerous Persons Act.
14        Notwithstanding other provisions  of  this  Section,  any
15    person  incarcerated in a facility of the Illinois Department
16    of Corrections on or after August 22, 2002 the effective date
17    of this amendatory Act of the 92nd General Assembly shall  be
18    required  to  submit  a  specimen of blood, saliva, or tissue
19    prior to his or her release on parole or mandatory supervised
20    release, as a condition of his or  her  parole  or  mandatory
21    supervised release.
22        (a-5)  Any  person  who  was  otherwise  convicted  of or
23    received a disposition of court  supervision  for  any  other
24    offense  under  the  Criminal  Code  of 1961 or who was found
25    guilty or given supervision for such a  violation  under  the
26    Juvenile  Court  Act of 1987, may, regardless of the sentence
27    imposed, be required by an  order  of  the  court  to  submit
28    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
29    Department  of State Police in accordance with the provisions
30    of this Section.
31        (b)  Any person required by paragraphs (a)(1),  (a)(1.5),
32    (a)(2),  (a)(3.5),  and  (a-5) to provide specimens of blood,
33    saliva, or tissue shall provide specimens of  blood,  saliva,
34    or tissue within 45 days after sentencing or disposition at a
 
                            -53-     LRB093 04396 WGH 16428 a
 1    collection  site  designated  by  the  Illinois Department of
 2    State Police.
 3        (c)  Any person required by  paragraphs  (a)(3),  (a)(4),
 4    and (a)(4.5) to provide specimens of blood, saliva, or tissue
 5    shall  be  required  to  provide  such samples prior to final
 6    discharge, parole, or release at a collection site designated
 7    by the Illinois Department of State Police.
 8        (c-5)  Any person required by paragraph (a)(5) to provide
 9    specimens of blood, saliva, or tissue shall, where  feasible,
10    be  required  to  provide the specimens before being accepted
11    for conditioned residency in Illinois  under  the  interstate
12    compact or agreement, but no later than 45 days after arrival
13    in this State.
14        (c-6)  The   Illinois  Department  of  State  Police  may
15    determine which type of specimen or specimens, blood, saliva,
16    or tissue, is acceptable for submission to  the  Division  of
17    Forensic Services for analysis.
18        (d)  The   Illinois  Department  of  State  Police  shall
19    provide all equipment  and  instructions  necessary  for  the
20    collection of blood samples.  The collection of samples shall
21    be   performed  in  a  medically  approved  manner.   Only  a
22    physician authorized to practice medicine, a registered nurse
23    or  other  qualified  person  trained  in  venipuncture   may
24    withdraw  blood  for  the  purposes of this Act.  The samples
25    shall thereafter be forwarded to the Illinois  Department  of
26    State Police, Division of Forensic Services, for analysis and
27    categorizing into genetic marker groupings.
28        (d-1)  The  Illinois  Department  of  State  Police shall
29    provide all equipment  and  instructions  necessary  for  the
30    collection  of  saliva  samples.   The  collection  of saliva
31    samples shall be performed in a  medically  approved  manner.
32    Only  a person trained in the instructions promulgated by the
33    Illinois State Police on collecting saliva may collect saliva
34    for  the  purposes  of  this  Section.   The  samples   shall
 
                            -54-     LRB093 04396 WGH 16428 a
 1    thereafter  be  forwarded to the Illinois Department of State
 2    Police, Division  of  Forensic  Services,  for  analysis  and
 3    categorizing into genetic marker groupings.
 4        (d-2)  The  Illinois  Department  of  State  Police shall
 5    provide all equipment  and  instructions  necessary  for  the
 6    collection  of  tissue  samples.   The  collection  of tissue
 7    samples shall be performed in a  medically  approved  manner.
 8    Only  a person trained in the instructions promulgated by the
 9    Illinois State Police on collecting tissue may collect tissue
10    for  the  purposes  of  this  Section.   The  samples   shall
11    thereafter  be  forwarded to the Illinois Department of State
12    Police, Division  of  Forensic  Services,  for  analysis  and
13    categorizing into genetic marker groupings.
14        (d-5)  To  the  extent  that  funds  are  available,  the
15    Illinois  Department  of  State  Police  shall  contract with
16    qualified  personnel  and  certified  laboratories  for   the
17    collection, analysis, and categorization of known samples.
18        (e)  The  genetic marker groupings shall be maintained by
19    the Illinois Department of State Police, Division of Forensic
20    Services.
21        (f)  The genetic  marker  grouping  analysis  information
22    obtained pursuant to this Act shall be confidential and shall
23    be  released  only to peace officers of the United States, of
24    other states or territories, of the  insular  possessions  of
25    the  United  States,  of foreign countries duly authorized to
26    receive the same, to all  peace  officers  of  the  State  of
27    Illinois  and  to  all prosecutorial agencies, and to defense
28    counsel as provided by Section 116-5 of the Code of  Criminal
29    Procedure  of  1963.    The  genetic marker grouping analysis
30    information obtained pursuant to this Act shall be used  only
31    for  (i) valid law enforcement identification purposes and as
32    required  by  the  Federal  Bureau   of   Investigation   for
33    participation in the National DNA database or (ii) technology
34    validation  purposes or (iii) assisting in the defense of the
 
                            -55-     LRB093 04396 WGH 16428 a
 1    criminally accused pursuant to Section 116-5 of the  Code  of
 2    Criminal   Procedure  of  1963.   Notwithstanding  any  other
 3    statutory provision to the contrary, all information obtained
 4    under this Section shall be maintained in a single State data
 5    base, which may be uploaded into  a  national  database,  and
 6    which  information  may be subject to expungement only as set
 7    forth in subsection (f-1).
 8        (f-1)  Upon receipt of notification of a  reversal  of  a
 9    conviction based on actual innocence, or of the granting of a
10    pardon  pursuant  to  Section 12 of Article V of the Illinois
11    Constitution, if that  pardon  document  specifically  states
12    that  the reason for the pardon is the actual innocence of an
13    individual whose DNA record has been stored in the  State  or
14    national  DNA  identification  index  in accordance with this
15    Section by the Illinois Department of State Police,  the  DNA
16    record  shall  be expunged from the DNA identification index,
17    and the Department shall  by  rule  prescribe  procedures  to
18    ensure  that  the  record and any samples, analyses, or other
19    documents relating to such record, whether in the  possession
20    of the Department or any law enforcement or police agency, or
21    any  forensic  DNA  laboratory,  including  any duplicates or
22    copies thereof, are destroyed and a letter  is  sent  to  the
23    court verifying the expungement is completed.
24        (f-5)  Any  person  who intentionally uses genetic marker
25    grouping  analysis  information,  or  any  other  information
26    derived from a DNA sample,  beyond  the  authorized  uses  as
27    provided  under  this  Section, or any other Illinois law, is
28    guilty of a Class 4 felony, and shall be subject to a fine of
29    not less than $5,000.
30        (g)  For  the  purposes  of  this  Section,   "qualifying
31    offense" means any of the following:
32             (1)  any  violation or inchoate violation of Section
33        11-6, 11-9.1, 11-11, 11-18.1,  12-15,  or  12-16  of  the
34        Criminal Code of 1961;, or
 
                            -56-     LRB093 04396 WGH 16428 a
 1             (1.1)  any   violation   or  inchoate  violation  of
 2        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
 3        18-3, 18-4, 19-1, or 19-2 of the Criminal  Code  of  1961
 4        for  which  persons  are  convicted  on  or after July 1,
 5        2001;, or
 6             (2)  any former statute of this State which  defined
 7        a felony sexual offense;, or
 8             (3)  (blank);, or
 9             (4)  any   inchoate   violation  of  Section  9-3.1,
10        11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of  1961;,
11        or
12             (5)  any  violation or inchoate violation of Article
13        29D of the Criminal Code of 1961.
14        (g-5)  (Blank).
15        (h)  The Illinois Department of State Police shall be the
16    State central repository  for  all  genetic  marker  grouping
17    analysis  information  obtained  pursuant  to  this Act.  The
18    Illinois Department of State Police may promulgate rules  for
19    the  form  and  manner of the collection of blood, saliva, or
20    tissue samples and other procedures for the operation of this
21    Act.  The provisions of the Administrative Review  Law  shall
22    apply to all actions taken under the rules so promulgated.
23        (i)  A  person  required  to  provide a blood, saliva, or
24    tissue specimen shall cooperate with the  collection  of  the
25    specimen  and  any  deliberate act by that person intended to
26    impede, delay or stop the collection of the blood, saliva, or
27    tissue specimen is a Class A misdemeanor.
28        (j)  Any person required  by  subsection  (a)  to  submit
29    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
30    Department  of  State  Police for analysis and categorization
31    into genetic  marker  grouping,  in  addition  to  any  other
32    disposition,  penalty, or fine imposed, shall pay an analysis
33    fee of $200.  If the analysis fee is not paid at the time  of
34    sentencing, the court shall establish a fee schedule by which
 
                            -57-     LRB093 04396 WGH 16428 a
 1    the  entire amount of the analysis fee shall be paid in full,
 2    such schedule not to  exceed  24  months  from  the  time  of
 3    conviction.  The inability to pay this analysis fee shall not
 4    be the sole ground to incarcerate the person.
 5        (k)  All analysis and categorization fees provided for by
 6    subsection (j) shall be regulated as follows:
 7             (1)  The  State  Offender  DNA Identification System
 8        Fund is hereby created as a special  fund  in  the  State
 9        Treasury.
10             (2)  All fees shall be collected by the clerk of the
11        court   and   forwarded   to   the   State  Offender  DNA
12        Identification System Fund for deposit.  The clerk of the
13        circuit court may retain the  amount  of  $10  from  each
14        collected  analysis  fee  to  offset administrative costs
15        incurred in carrying  out  the  clerk's  responsibilities
16        under this Section.
17             (3)  Fees  deposited  into  the  State  Offender DNA
18        Identification System Fund  shall  be  used  by  Illinois
19        State  Police  crime  laboratories  as  designated by the
20        Director of  State  Police.   These  funds  shall  be  in
21        addition  to  any  allocations  made pursuant to existing
22        laws and shall be designated for  the  exclusive  use  of
23        State  crime  laboratories.   These uses may include, but
24        are not limited to, the following:
25                  (A)  Costs incurred in providing  analysis  and
26             genetic   marker   categorization   as  required  by
27             subsection (d).
28                  (B)  Costs  incurred  in  maintaining   genetic
29             marker groupings as required by subsection (e).
30                  (C)  Costs   incurred   in   the  purchase  and
31             maintenance  of  equipment  for  use  in  performing
32             analyses.
33                  (D)  Costs incurred in continuing research  and
34             development  of  new  techniques  for  analysis  and
 
                            -58-     LRB093 04396 WGH 16428 a
 1             genetic marker categorization.
 2                  (E)  Costs  incurred  in  continuing education,
 3             training, and professional development  of  forensic
 4             scientists regularly employed by these laboratories.
 5        (l)  The failure of a person to provide a specimen, or of
 6    any person or agency to collect a specimen, within the 45 day
 7    period  shall in no way alter the obligation of the person to
 8    submit such  specimen,  or  the  authority  of  the  Illinois
 9    Department  of  State  Police  or  persons  designated by the
10    Department to collect the specimen, or the authority  of  the
11    Illinois  Department  of  State Police to accept, analyze and
12    maintain the specimen or to maintain  or  upload  results  of
13    genetic  marker grouping analysis information into a State or
14    national database.
15    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
16    92-40, eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600,  eff.
17    6-28-02;  92-829, eff. 8-22-02; 92-854, eff. 12-5-02; revised
18    1-20-03.)

19        Section 90. The State Finance Act is  amended  by  adding
20    Section 5.595 as follows:

21        (30 ILCS 105/5.595 new)
22        Sec.   5.595.   The  Illinois  Law  Enforcement  Training
23    Standards Board Costs and Attorney Fees Fund.

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.".