093_SB0472ham001











                                     LRB093 08615 WGH 16431 a

 1                    AMENDMENT TO SENATE BILL 472

 2        AMENDMENT NO.     .  Amend Senate Bill 472  by  replacing
 3    everything after the enacting clause with the following:

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

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

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

 4        (20 ILCS 3930/7.2 new)
 5        Sec. 7.2. Custodial Interview Pilot Program.
 6        (a)  Legislative  findings  and   intent.   The   General
 7    Assembly  finds  that  technology  has  made  it  possible to
 8    electronically record custodial interviews of suspects during
 9    first degree  murder  investigations.  This  technology  will
10    protect  law enforcement agencies against claims of abuse and
11    coercion by suspects while providing a  memorialized  account
12    of  interviews  at  police stations. The technology will also
13    provide a better means for courts to  review  confessions  of
14    suspects  with direct evidence of demeanor, tone, manner, and
15    content of statements. The General Assembly intends to create
16    a Custodial Interview Pilot  Program  to  establish  4  pilot
17    programs  at  police  stations  in the State of Illinois. For
18    each program, video and audio experts shall install equipment
19    and  train  participating   law   enforcement   agencies   to
20    electronically   record   custodial   interviews   at   their
21    respective  police  stations.  Participating  law enforcement
22    agencies shall choose how to use the equipment in cooperation
23    with the local State's Attorney's office.  The  participating
24    law  enforcement agencies may choose to electronically record
25    interviews of suspects for offenses other than  first  degree
26    murder  if they adopt local protocols in cooperation with the
27    local State's Attorney's office.
28        (b)  Definitions. In this Section:
29             (1)  "Electronically record" means to memorialize by
30        video and audio electronic equipment.
31             (2)  "Custodial  interviews"  means  interviews   of
32        suspects  during  first  degree  murder investigations or
 
                            -4-      LRB093 08615 WGH 16431 a
 1        other investigations established by local protocol by law
 2        enforcement authorities that take  place  at  the  police
 3        station.
 4        (c)  Custodial  Interview  Pilot  Program.  The Authority
 5    shall,  subject  to  appropriation,  establish  a   Custodial
 6    Interview  Pilot  Program  to  operate  4 custodial interview
 7    pilot programs. The programs shall be established in a police
 8    station in the County of Cook and in 3 other police  stations
 9    geographically   distributed   throughout   the  State.  Each
10    participating law enforcement agency must:
11             (1)  Promulgate procedures for  recording  custodial
12        interviews   of   suspects  during  first  degree  murder
13        investigations by video and audio means.
14             (2)  Promulgate  procedures  for   maintaining   and
15        storing video and audio recordings.
16        (d)  Each  of  the  4  pilot  programs established by the
17    Authority shall be in existence for  a  minimum  of  2  years
18    after its establishment under this Act.
19        (e)  Report.   No   later   than   one   year  after  the
20    establishment of  pilot  programs  under  this  Section,  the
21    Authority must report to the General Assembly on the efficacy
22    of the Custodial Interview Pilot Program.
23        (f)  The  Authority shall adopt rules in cooperation with
24    the Illinois Department of State  Police  to  implement  this
25    Section.

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

28        (50 ILCS 705/6.1)
29        Sec.  6.1.  Decertification  of  full-time  and part-time
30    police officers.
31        (a)  The Board must review  police  officer  conduct  and
32    records  to  ensure  that  no  police officer is certified or
 
                            -5-      LRB093 08615 WGH 16431 a
 1    provided a valid waiver  if  that  police  officer  has  been
 2    convicted of a felony offense under the laws of this State or
 3    any  other  state  which  if committed in this State would be
 4    punishable as a felony. The Board must also  ensure  that  no
 5    police  officer  is  certified  or provided a valid waiver if
 6    that police officer  has  been  convicted  on  or  after  the
 7    effective  date  of  this  amendatory  Act  of  1999  of  any
 8    misdemeanor  specified in this Section or if committed in any
 9    other state would be an  offense  similar  to  Section  11-6,
10    11-9.1,  11-14,  11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
11    28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the  Criminal
12    Code  of  1961 or to Section 5 or 5.2 of the Cannabis Control
13    Act. The Board must  appoint  investigators  to  enforce  the
14    duties conferred upon the Board by this Act.
15        (b)  It is the responsibility of the sheriff or the chief
16    executive  officer  of  every local law enforcement agency or
17    department within this State  to  report  to  the  Board  any
18    arrest or conviction of any officer for an offense identified
19    in this Section.
20        (c)  It is the duty and responsibility of every full-time
21    and  part-time  police officer in this State to report to the
22    Board within 30 days, and  the  officer's  sheriff  or  chief
23    executive  officer, of his or her arrest or conviction for an
24    offense  identified  in  this  Section.  Any   full-time   or
25    part-time police officer who knowingly makes, submits, causes
26    to be submitted, or files a false or untruthful report to the
27    Board  must have his or her certificate or waiver immediately
28    decertified or revoked.
29        (d)  Any person, or a local or State agency, or the Board
30    is immune  from  liability  for  submitting,  disclosing,  or
31    releasing  information  of  arrests  or  convictions  in this
32    Section as long as the information is  submitted,  disclosed,
33    or  released  in good faith and without malice. The Board has
34    qualified immunity for the release of the information.
 
                            -6-      LRB093 08615 WGH 16431 a
 1        (e)  Any full-time or part-time  police  officer  with  a
 2    certificate or waiver issued by the Board who is convicted of
 3    any  offense  described  in this Section immediately  becomes
 4    decertified  or  no  longer   has   a   valid   waiver.   The
 5    decertification  and invalidity of waivers occurs as a matter
 6    of law. Failure of a convicted person to report to the  Board
 7    his  or  her  conviction  as described in this Section or any
 8    continued  law  enforcement  practice   after   receiving   a
 9    conviction  is a Class 4 felony.
10        (f)    The  Board's  investigators are peace officers and
11    have all the powers possessed by policemen in cities  and  by
12    sheriff's, provided that the investigators may exercise those
13    powers   anywhere  in  the  State,  only  after  contact  and
14    cooperation  with  the  appropriate  local  law   enforcement
15    authorities.
16        (g)  The  Board  must request and receive information and
17    assistance from any federal,  state,  or  local  governmental
18    agency   as   part  of  the  authorized  criminal  background
19    investigation.  The Department of State Police must  process,
20    retain,  and additionally provide and disseminate information
21    to  the   Board   concerning   criminal   charges,   arrests,
22    convictions,  and  their  disposition,  that  have been filed
23    before, on, or after the effective date  of  this  amendatory
24    Act  of  the  91st  General  Assembly against a basic academy
25    applicant, law  enforcement  applicant,  or  law  enforcement
26    officer whose fingerprint identification cards are on file or
27    maintained  by  the  Department of State Police.  The Federal
28    Bureau of Investigation must provide the Board  any  criminal
29    history  record information contained in its files pertaining
30    to law enforcement officers  or  any  applicant  to  a  Board
31    certified  basic law enforcement academy as described in this
32    Act based on fingerprint identification. The Board must  make
33    payment  of  fees  to the Department of State Police for each
34    fingerprint  card  submission   in   conformance   with   the
 
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 1    requirements  of  paragraph  22  of  Section 55a of the Civil
 2    Administrative Code of Illinois.
 3        (h)  A police officer who has been certified or granted a
 4    valid waiver may also be  decertified  or  have  his  or  her
 5    waiver  revoked  upon a determination by the Board that he or
 6    she, while under oath, has knowingly and willfully made false
 7    statements  as  to  a  material  fact   during   a   homicide
 8    proceeding.  A  determination  may  be  made  only  after  an
 9    investigation  and  hearing  upon  a verified complaint filed
10    with the Illinois Law Enforcement Training  Standards  Board.
11    No  action  may  be  taken by the Board regarding a complaint
12    unless a majority of the members of the Board are present  at
13    the meeting at which the action is taken.
14             (1)  The  Board  shall  adopt  rules  governing  the
15        investigation  and  hearing  of  a  verified complaint to
16        assure the police officer due process  and  to  eliminate
17        conflicts of interest within the Board itself.
18             (2)  Upon receipt of the initial verified complaint,
19        the  Board  must make a finding within 30 days of receipt
20        of the complaint as to whether sufficient evidence exists
21        to support the complaint.   The  Board  is  empowered  to
22        investigate  and  dismiss the complaint if it finds, by a
23        vote of a majority of the members present, that there  is
24        insufficient  evidence  to  support  it. Upon the initial
25        filing, the sheriff or police chief, or  other  employing
26        agency,  of  the  accused  officer  may  suspend, with or
27        without pay, the accused officer pending  a  decision  of
28        the Board. Upon a Board finding of insufficient evidence,
29        the  police  officer  shall  be reinstated with back pay,
30        benefits,  and  seniority  status  as  appropriate.   The
31        sheriff  or police chief, or employing agency, shall take
32        such necessary action as is ordered by the Board.
33             (3)  If the Board finds, by a vote of a majority  of
34        the  members  present, that sufficient evidence exists to
 
                            -8-      LRB093 08615 WGH 16431 a
 1        support the  complaint,  it  shall  authorize  a  hearing
 2        before  an administrative law judge within 45 days of the
 3        Board's finding, unless, based upon  the  complexity  and
 4        extent of the allegations and charges, additional time is
 5        needed.   In   no   event   may   a   hearing  before  an
 6        administrative law judge take place later  than  60  days
 7        after the Board's finding.
 8        (i)  The  Board  shall  have  the  power and authority to
 9    appoint administrative law judges  on  a  contractual  basis.
10    The  Administrative  law judges must be attorneys licensed to
11    practice law in the State of Illinois.  The Board shall  also
12    adopt  rules  governing the appointment of administrative law
13    judges and  the  conduct  of  hearings  consistent  with  the
14    requirements  of  this  Section. The administrative law judge
15    shall hear all evidence and prepare a written  recommendation
16    of  his  or  her  findings  to  the Board. At the hearing the
17    accused police officer shall be afforded the opportunity to:
18             (1)  Be represented by counsel;
19             (2)  Be heard in his or her own defense;
20             (3)  Produce evidence in his or her defense;
21             (4)  Request that the Board compel the attendance of
22        witnesses and production of court records and documents.
23        (j)  Once a case has been set for hearing, the person who
24    filed the verified complaint shall have  the  opportunity  to
25    produce  evidence  to  support  any  charge  against a police
26    officer that he or she, while under oath, has  knowingly  and
27    willfully  made false statements as to a material fact during
28    a homicide proceeding.
29             (1)  The person who  filed  the  verified  complaint
30        shall  have  the opportunity to be represented by counsel
31        and shall produce evidence to support his or her charges;
32             (2)  The person who filed the verified complaint may
33        request the Board to compel the attendance  of  witnesses
34        and production of court records and documents.
 
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 1        (k)  The  Board  shall  have the power to issue subpoenas
 2    requiring the attendance and testimony of witnesses  and  the
 3    production  of court records and documents and shall have the
 4    power to administer oaths.
 5        (l)  The  administrative  law  judge   shall   have   the
 6    responsibility  of receiving into evidence relevant testimony
 7    and  documents,  including  court  records,  to  support   or
 8    disprove  the  allegations  made  by  the  person  filing the
 9    verified complaint, and, at  the  close  of  the  case,  hear
10    arguments.  If  the administrative law judge finds that there
11    is not clear and convincing evidence to support the  verified
12    complaint  that  the  police  officer  has, while under oath,
13    knowingly  and  willfully  made  false  statements  as  to  a
14    material   fact   during   a   homicide    proceeding,    the
15    administrative  law judge shall make a written recommendation
16    of dismissal to the Board. If the  administrative  law  judge
17    finds  that there is clear and convincing evidence to support
18    the verified complaint that the  police  officer  has,  while
19    under  oath, knowingly and willfully made false statements as
20    to  a  material  fact  during  a  homicide  proceeding,   the
21    administrative  law judge shall make a written recommendation
22    of decertification to the Board.
23        (m)  Any person, with the exception of the police officer
24    who is the subject of the hearing, who is served by the Board
25    with a subpoena to appear, testify or  produce  evidence  and
26    refuses  to  comply  with the subpoena is guilty of a Class B
27    misdemeanor. Any circuit court or judge, upon application  by
28    the  Board,  may  compel compliance with a subpoena issued by
29    the Board.
30        (n)  Within 15 days of receiving the recommendation,  the
31    Board shall consider the recommendation of the administrative
32    law  judge  and the record of the hearing at a Board meeting.
33    If, by a two-thirds vote of the members present at the  Board
34    meeting,  the  Board finds that there is clear and convincing
 
                            -10-     LRB093 08615 WGH 16431 a
 1    evidence that the  police  officer  has,  while  under  oath,
 2    knowingly  and  willfully  made  false  statements  as  to  a
 3    material  fact  during a homicide proceeding, the Board shall
 4    order that the police officer be decertified as  a  full-time
 5    or  part-time  police officer. If less than two-thirds of the
 6    members present vote to decertify  the  police  officer,  the
 7    Board shall dismiss the complaint.
 8        (o)  The  provisions  of  the  Administrative  Review Law
 9    shall govern all proceedings for the judicial review  of  any
10    order  rendered  by the Board. The moving party shall pay the
11    reasonable costs of preparing and certifying the  record  for
12    review.  If  the moving party is the police officer and he or
13    she prevails, the court may award the police  officer  actual
14    costs  incurred  in  all  proceedings,  including  reasonable
15    attorney  fees.  If  the  court awards the police officer the
16    actual costs incurred in a proceeding,  including  reasonable
17    attorney  fees,  the  costs  and attorney fees shall be paid,
18    subject to appropriation, from the Illinois  Law  Enforcement
19    Training  Standards  Board  Costs  and  Attorney Fees Fund, a
20    special fund that is created in the State Treasury. The  Fund
21    shall  consist of moneys appropriated or transferred into the
22    Fund for the purpose of making payments of costs and attorney
23    fees in accordance with this subsection (o). The Illinois Law
24    Enforcement Training Standards  Board  shall  administer  the
25    Fund  and  adopt rules for the administration of the Fund and
26    for the submission and disposition of claims  for  costs  and
27    attorney fees in accordance with this subsection (o).
28        (p)  If   the   police   officer   is  decertified  under
29    subsection (h), the Board shall notify the defendant who  was
30    a  party  to  the  proceeding  that  resulted  in  the police
31    officer's decertification and his  or  her  attorney  of  the
32    Board's  decision.  Notification  shall be by certified mail,
33    return receipt requested, sent  to  the  party's  last  known
34    address and to the party's attorney if any.
 
                            -11-     LRB093 08615 WGH 16431 a
 1        (q)  Limitation of action.
 2             (1)  No  complaint  may  be  filed  pursuant to this
 3        Section until after a verdict  or  other  disposition  is
 4        rendered in the underlying case or the underlying case is
 5        dismissed in the trial court.
 6             (2)  A complaint pursuant to this Section may not be
 7        filed more than 2 years after the final resolution of the
 8        case.  For  purposes of this Section, final resolution is
 9        defined  as  the  trial  court's  ruling  on  the   State
10        post-conviction  proceeding  in  the  case in which it is
11        alleged the police officer, while under  oath,  knowingly
12        and willfully made false statements as to a material fact
13        during   a   homicide   proceeding.   In   the   event  a
14        post-conviction petition is not filed, an action pursuant
15        to this Section may not be commenced more  than  2  years
16        after  the  denial  of  a  petition for certiorari to the
17        United States  Supreme  Court,  or  if  no  petition  for
18        certiorari  is  filed,  2  years  after  the  date such a
19        petition should have been  filed.  In  the  event  of  an
20        acquittal,  no  proceeding  may  be commenced pursuant to
21        this Section more than 6 years after the date upon  which
22        judgment on the verdict of acquittal was entered.
23        (r)  Interested  parties.  Only interested parties to the
24    criminal prosecution in which the police  officer  allegedly,
25    while   under   oath,  knowingly  and  willfully  made  false
26    statements as to a material fact during a homicide proceeding
27    may file a verified complaint pursuant to this  Section.  For
28    purposes  of  this  Section, "interested parties" include the
29    defendant and any police officer who has  personal  knowledge
30    that  the  police officer who is the subject of the complaint
31    has, while under oath, knowingly  and  willfully  made  false
32    statements   as   to   a  material  fact  during  a  homicide
33    proceeding.
34    (Source: P.A. 91-495, eff. 1-1-00.)
 
                            -12-     LRB093 08615 WGH 16431 a
 1        Section 10.  The Criminal Code  of  1961  is  amended  by
 2    changing Sections 9-1 and 14-3 as follows:

 3        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
 4        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
 5    Exceptions - Separate Hearings - Proof - Findings - Appellate
 6    procedures - Reversals.
 7        (a)  A  person  who  kills  an  individual without lawful
 8    justification commits first degree murder if,  in  performing
 9    the acts which cause the death:
10             (1)  he  either  intends  to kill or do great bodily
11        harm to that individual or another, or  knows  that  such
12        acts will cause death to that individual or another; or
13             (2)  he   knows  that  such  acts  create  a  strong
14        probability  of  death  or  great  bodily  harm  to  that
15        individual or another; or
16             (3)  he  is  attempting  or  committing  a  forcible
17        felony other than second degree murder.
18        (b)  Aggravating Factors.  A defendant who at the time of
19    the commission of the offense has attained the age of  18  or
20    more and who has been found guilty of first degree murder may
21    be sentenced to death if:
22             (1)  the  murdered individual was a peace officer or
23        fireman killed in the course of performing  his  official
24        duties,  to  prevent  the  performance  of  his  official
25        duties,  or  in  retaliation  for performing his official
26        duties, and the defendant knew or should have known  that
27        the  murdered  individual was a peace officer or fireman;
28        or
29             (2)  the murdered individual was an employee  of  an
30        institution or facility of the Department of Corrections,
31        or  any  similar local correctional agency, killed in the
32        course of performing his official duties, to prevent  the
33        performance of his official duties, or in retaliation for
 
                            -13-     LRB093 08615 WGH 16431 a
 1        performing   his   official   duties,   or  the  murdered
 2        individual was an inmate at such institution or  facility
 3        and  was  killed  on the grounds thereof, or the murdered
 4        individual was otherwise present in such  institution  or
 5        facility  with  the  knowledge  and approval of the chief
 6        administrative officer thereof; or
 7             (3)  the defendant has been convicted  of  murdering
 8        two  or  more  individuals  under  subsection (a) of this
 9        Section or under any law of the United States or  of  any
10        state which is substantially similar to subsection (a) of
11        this  Section  regardless  of whether the deaths occurred
12        as the result of the same act or of  several  related  or
13        unrelated  acts  so long as the deaths were the result of
14        either an intent to kill  more  than  one  person  or  of
15        separate  acts which the defendant knew would cause death
16        or create a strong probability of death or  great  bodily
17        harm to the murdered individual or another; or
18             (4)  the  murdered individual was killed as a result
19        of the hijacking of an  airplane,  train,  ship,  bus  or
20        other public conveyance; or
21             (5)  the  defendant committed the murder pursuant to
22        a contract, agreement or understanding by which he was to
23        receive  money  or  anything  of  value  in  return   for
24        committing  the  murder or procured another to commit the
25        murder for money or anything of value; or
26             (6)  the  murdered  individual  was  killed  in  the
27        course of another felony if:
28                  (a)  the murdered individual:
29                       (i)  was actually killed by the defendant,
30                  or
31                       (ii)  received      physical      injuries
32                  personally   inflicted   by    the    defendant
33                  substantially  contemporaneously  with physical
34                  injuries caused by  one  or  more  persons  for
 
                            -14-     LRB093 08615 WGH 16431 a
 1                  whose   conduct   the   defendant   is  legally
 2                  accountable under Section 5-2 of this Code, and
 3                  the physical injuries inflicted by  either  the
 4                  defendant  or  the  other person or persons for
 5                  whose conduct he is legally accountable  caused
 6                  the death of the murdered individual; and
 7                  (b)  in  performing  the  acts which caused the
 8             death of the murdered individual or  which  resulted
 9             in  physical  injuries  personally  inflicted by the
10             defendant  on  the  murdered  individual  under  the
11             circumstances of subdivision  (ii)  of  subparagraph
12             (a)  of  paragraph  (6)  of  subsection  (b) of this
13             Section, the defendant acted with the intent to kill
14             the murdered individual or with the  knowledge  that
15             his  acts  created  a strong probability of death or
16             great bodily harm  to  the  murdered  individual  or
17             another; and
18                  (c)  the other felony was an inherently violent
19             crime  one  of  the  following: armed robbery, armed
20             violence, robbery, predatory criminal sexual assault
21             of a  child,  aggravated  criminal  sexual  assault,
22             aggravated    kidnapping,    aggravated    vehicular
23             hijacking,  forcible  detention,  arson,  aggravated
24             arson,  aggravated  stalking,  burglary, residential
25             burglary, home invasion,  calculated  criminal  drug
26             conspiracy as defined in Section 405 of the Illinois
27             Controlled  Substances Act, streetgang criminal drug
28             conspiracy  as  defined  in  Section  405.2  of  the
29             Illinois Controlled Substances Act, or  the  attempt
30             to  commit  an  inherently  violent  crime.  In this
31             subparagraph   (c),   "inherently   violent   crime"
32             includes, but is  not  limited  to,  armed  robbery,
33             robbery,  predatory  criminal  sexual  assault  of a
34             child,   aggravated   criminal    sexual    assault,
 
                            -15-     LRB093 08615 WGH 16431 a
 1             aggravated    kidnapping,    aggravated    vehicular
 2             hijacking,  aggravated  arson,  aggravated stalking,
 3             residential burglary, and home invasion any  of  the
 4             felonies listed in this subsection (c); or
 5             (7)  the  murdered  individual was under 12 years of
 6        age and the death resulted from exceptionally  brutal  or
 7        heinous behavior indicative of wanton cruelty; or
 8             (8)  the  defendant committed the murder with intent
 9        to prevent the murdered  individual  from  testifying  or
10        participating    in   any   criminal   investigation   or
11        prosecution or giving material assistance to the State in
12        any investigation  or  prosecution,  either  against  the
13        defendant  or  another;  or  the  defendant committed the
14        murder because the murdered individual was a  witness  in
15        any  prosecution or gave material assistance to the State
16        in any investigation or prosecution, either  against  the
17        defendant or another; for purposes of this paragraph (8),
18        "participating   in   any   criminal   investigation   or
19        prosecution"  is  intended  to include those appearing in
20        the proceedings in any capacity  such  as  trial  judges,
21        prosecutors, defense attorneys, investigators, witnesses,
22        or jurors; or
23             (9)  the  defendant,  while  committing  an  offense
24        punishable  under Sections 401, 401.1, 401.2, 405, 405.2,
25        407 or 407.1 or subsection (b)  of  Section  404  of  the
26        Illinois Controlled Substances Act, or while engaged in a
27        conspiracy   or  solicitation  to  commit  such  offense,
28        intentionally  killed   an   individual   or   counseled,
29        commanded,  induced,  procured  or caused the intentional
30        killing of the murdered individual; or
31             (10)  the   defendant   was   incarcerated   in   an
32        institution or facility of the Department of  Corrections
33        at  the  time  of  the  murder,  and  while committing an
34        offense punishable as a felony  under  Illinois  law,  or
 
                            -16-     LRB093 08615 WGH 16431 a
 1        while  engaged  in a conspiracy or solicitation to commit
 2        such  offense,  intentionally  killed  an  individual  or
 3        counseled, commanded, induced,  procured  or  caused  the
 4        intentional killing of the murdered individual; or
 5             (11)  the murder was committed in a cold, calculated
 6        and  premeditated manner pursuant to a preconceived plan,
 7        scheme or design to take a human life by unlawful  means,
 8        and  the  conduct  of  the defendant created a reasonable
 9        expectation that the death of a human being would  result
10        therefrom; or
11             (12)  the   murdered  individual  was  an  emergency
12        medical  technician  -   ambulance,   emergency   medical
13        technician - intermediate, emergency medical technician -
14        paramedic,  ambulance driver, or other medical assistance
15        or first aid personnel, employed  by  a  municipality  or
16        other   governmental   unit,  killed  in  the  course  of
17        performing  his   official   duties,   to   prevent   the
18        performance of his official duties, or in retaliation for
19        performing his official duties, and the defendant knew or
20        should  have  known  that  the murdered individual was an
21        emergency  medical  technician  -  ambulance,   emergency
22        medical  technician  -  intermediate,  emergency  medical
23        technician   -  paramedic,  ambulance  driver,  or  other
24        medical assistance or first aid personnel; or
25             (13)  the defendant was a  principal  administrator,
26        organizer,  or  leader  of  a  calculated  criminal  drug
27        conspiracy  consisting  of  a  hierarchical  position  of
28        authority  superior  to  that of all other members of the
29        conspiracy,  and  the  defendant  counseled,   commanded,
30        induced,  procured,  or caused the intentional killing of
31        the murdered person; or
32             (14)  the murder was intentional  and  involved  the
33        infliction  of  torture.  For the purpose of this Section
34        torture means the infliction of or subjection to  extreme
 
                            -17-     LRB093 08615 WGH 16431 a
 1        physical  pain,  motivated  by  an  intent to increase or
 2        prolong the pain, suffering or agony of the victim; or
 3             (15)  the murder was committed as a  result  of  the
 4        intentional  discharge of a firearm by the defendant from
 5        a motor vehicle and the victim was not present within the
 6        motor vehicle; or
 7             (16)  the murdered individual was 60 years of age or
 8        older and the death resulted from exceptionally brutal or
 9        heinous behavior indicative of wanton cruelty; or
10             (17)  the murdered individual was a disabled  person
11        and  the  defendant  knew  or  should have known that the
12        murdered individual was disabled.  For purposes  of  this
13        paragraph  (17),  "disabled  person"  means  a person who
14        suffers from a permanent physical  or  mental  impairment
15        resulting from disease, an injury, a functional disorder,
16        or   a  congenital  condition  that  renders  the  person
17        incapable of adequately providing  for  his  or  her  own
18        health or personal care; or
19             (18)  the  murder  was  committed  by  reason of any
20        person's activity as a community policing volunteer or to
21        prevent  any  person  from  engaging  in  activity  as  a
22        community policing volunteer; or
23             (19)  the murdered  individual  was  subject  to  an
24        order  of  protection  and  the murder was committed by a
25        person against whom the  same  order  of  protection  was
26        issued  under the Illinois Domestic Violence Act of 1986;
27        or
28             (20)  the  murdered  individual  was  known  by  the
29        defendant to be a teacher or other person employed in any
30        school and the teacher or  other  employee  is  upon  the
31        grounds  of  a school or grounds adjacent to a school, or
32        is in any part of a building used for school purposes; or
33             (21)  the murder was committed by the  defendant  in
34        connection  with  or  as  a  result  of  the  offense  of
 
                            -18-     LRB093 08615 WGH 16431 a
 1        terrorism as defined in Section 29D-30 of this Code.
 2          (c)  Consideration   of   factors  in  Aggravation  and
 3    Mitigation.
 4        The court shall consider, or shall instruct the  jury  to
 5    consider any aggravating and any mitigating factors which are
 6    relevant to the imposition of the death penalty.  Aggravating
 7    factors  may include but need not be limited to those factors
 8    set forth in subsection (b). Mitigating factors  may  include
 9    but need not be limited to the following:
10             (1)  the  defendant  has  no  significant history of
11        prior criminal activity;
12             (2)  the murder was committed  while  the  defendant
13        was  under  the  influence of extreme mental or emotional
14        disturbance, although not such as to constitute a defense
15        to prosecution;
16             (3)  the murdered individual was  a  participant  in
17        the  defendant's  homicidal  conduct  or consented to the
18        homicidal act;
19             (4)  the defendant acted  under  the  compulsion  of
20        threat  or  menace of the imminent infliction of death or
21        great bodily harm;
22             (5)  the defendant was not personally present during
23        commission of the act or acts causing death;.
24             (6)  the defendant's background includes  a  history
25        of extreme emotional or physical abuse;
26             (7)  the  defendant  suffers  from  a reduced mental
27        capacity.
28        (d)  Separate sentencing hearing.
29        Where requested by the State, the court shall  conduct  a
30    separate  sentencing proceeding to determine the existence of
31    factors set forth in  subsection  (b)  and  to  consider  any
32    aggravating  or mitigating factors as indicated in subsection
33    (c).  The proceeding shall be conducted:
34             (1)  before the jury that determined the defendant's
 
                            -19-     LRB093 08615 WGH 16431 a
 1        guilt; or
 2             (2)  before a jury impanelled for the purpose of the
 3        proceeding if:
 4                  A.  the defendant was convicted upon a plea  of
 5             guilty; or
 6                  B.  the  defendant  was convicted after a trial
 7             before the court sitting without a jury; or
 8                  C.  the court for good cause  shown  discharges
 9             the jury that determined the defendant's guilt; or
10             (3)  before  the court alone if the defendant waives
11        a jury for the separate proceeding.
12        (e)  Evidence and Argument.
13        During the proceeding any information relevant to any  of
14    the  factors  set forth in subsection (b) may be presented by
15    either the State or the defendant under the  rules  governing
16    the   admission   of   evidence   at  criminal  trials.   Any
17    information relevant to any additional aggravating factors or
18    any mitigating factors indicated in  subsection  (c)  may  be
19    presented  by  the  State  or  defendant  regardless  of  its
20    admissibility  under  the  rules  governing  the admission of
21    evidence at criminal trials.  The  State  and  the  defendant
22    shall  be  given  fair  opportunity  to rebut any information
23    received at the hearing.
24        (f)  Proof.
25        The burden of proof of establishing the existence of  any
26    of  the  factors  set forth in subsection (b) is on the State
27    and shall  not  be  satisfied  unless  established  beyond  a
28    reasonable doubt.
29        (g)  Procedure - Jury.
30        If  at  the separate sentencing proceeding the jury finds
31    that none of the factors set forth in subsection (b)  exists,
32    the   court  shall  sentence  the  defendant  to  a  term  of
33    imprisonment  under  Chapter  V  of  the  Unified   Code   of
34    Corrections.   If  there  is  a unanimous finding by the jury
 
                            -20-     LRB093 08615 WGH 16431 a
 1    that one or more of the factors set forth in  subsection  (b)
 2    exist,  the  jury  shall  consider aggravating and mitigating
 3    factors as  instructed  by  the  court  and  shall  determine
 4    whether  the sentence of death shall be imposed.  If the jury
 5    determines  unanimously,  after  weighing  the   factors   in
 6    aggravation  and  mitigation,  that  death is the appropriate
 7    sentence that there are no mitigating factors  sufficient  to
 8    preclude  the  imposition  of  the  death sentence, the court
 9    shall sentence the defendant to death.  If the court does not
10    concur  with  the  jury  determination  that  death  is   the
11    appropriate  sentence,  the  court shall set forth reasons in
12    writing including  what  facts  or  circumstances  the  court
13    relied   upon,   along  with  any  relevant  documents,  that
14    compelled the court to non-concur  with  the  sentence.  This
15    document  and any attachments shall be part of the record for
16    appellate review. The court shall  be  bound  by  the  jury's
17    sentencing determination.
18        If   after   weighing  the  factors  in  aggravation  and
19    mitigation, one or more jurors determines that death  is  not
20    the  appropriate  sentence, Unless the jury unanimously finds
21    that there are no mitigating factors sufficient  to  preclude
22    the imposition of the death sentence the court shall sentence
23    the  defendant  to  a term of imprisonment under Chapter V of
24    the Unified Code of Corrections.
25        (h)  Procedure - No Jury.
26        In a proceeding before the  court  alone,  if  the  court
27    finds  that  none  of  the  factors  found  in subsection (b)
28    exists, the court shall sentence the defendant to a  term  of
29    imprisonment   under  Chapter  V  of   the  Unified  Code  of
30    Corrections.
31        If the Court determines that one or more of  the  factors
32    set  forth in subsection (b) exists, the Court shall consider
33    any  aggravating  and  mitigating  factors  as  indicated  in
34    subsection (c).  If the Court determines, after weighing  the
 
                            -21-     LRB093 08615 WGH 16431 a
 1    factors  in  aggravation  and  mitigation,  that death is the
 2    appropriate sentence that there  are  no  mitigating  factors
 3    sufficient  to preclude the imposition of the death sentence,
 4    the Court shall sentence the defendant to death.
 5        If Unless the court finds that there  are  no  mitigating
 6    factors sufficient to preclude the imposition of the sentence
 7    of  death  is  not  the appropriate sentence, the court shall
 8    sentence the  defendant  to  a  term  of  imprisonment  under
 9    Chapter V of the Unified Code of Corrections.
10        (h-5)  Decertification as a capital case.
11        In a case in which the defendant has been found guilty of
12    first  degree  murder by a judge or jury, or a case on remand
13    for resentencing, and the State seeks the death penalty as an
14    appropriate sentence,  on  the  court's  own  motion  or  the
15    written  motion of the defendant, the court may decertify the
16    case as a death penalty case if the court finds that the only
17    evidence  supporting  the  defendant's  conviction   is   the
18    uncorroborated  testimony of an informant witness, as defined
19    in Section 115-21 of the Code of Criminal Procedure of  1963,
20    concerning  the  confession  or admission of the defendant or
21    that the sole evidence against  the  defendant  is  a  single
22    eyewitness   or   single   accomplice   without   any   other
23    corroborating  evidence. If the court decertifies the case as
24    a capital case under either of the grounds set  forth  above,
25    the  court  shall  issue  a  written  finding.  The State may
26    pursue its right to appeal the  decertification  pursuant  to
27    Supreme   Court  Rule  604(a)(1).   If  the  court  does  not
28    decertify the case  as  a  capital  case,  the  matter  shall
29    proceed to the eligibility phase of the sentencing hearing.
30        (i)  Appellate Procedure.
31        The  conviction and sentence of death shall be subject to
32    automatic review by the Supreme Court.  Such review shall  be
33    in  accordance  with  rules promulgated by the Supreme Court.
34    The Illinois Supreme Court may overturn the  death  sentence,
 
                            -22-     LRB093 08615 WGH 16431 a
 1    and  order  the imposition of imprisonment under Chapter V of
 2    the Unified Code of Corrections if the court finds  that  the
 3    death  sentence  is  fundamentally  unjust  as applied to the
 4    particular case. If the Illinois Supreme Court finds that the
 5    death sentence is fundamentally  unjust  as  applied  to  the
 6    particular  case,  independent  of any procedural grounds for
 7    relief, the Illinois Supreme  Court  shall  issue  a  written
 8    opinion explaining this finding.
 9        (j)  Disposition of reversed death sentence.
10        In  the  event that the death penalty in this Act is held
11    to be unconstitutional by the Supreme  Court  of  the  United
12    States  or  of the State of Illinois, any person convicted of
13    first degree murder shall be sentenced by the court to a term
14    of imprisonment under  Chapter  V  of  the  Unified  Code  of
15    Corrections.
16        In  the  event  that  any  death sentence pursuant to the
17    sentencing   provisions   of   this   Section   is   declared
18    unconstitutional by the Supreme Court of the United States or
19    of the State of Illinois, the court having jurisdiction  over
20    a  person  previously  sentenced  to  death  shall  cause the
21    defendant to be brought before the court, and the court shall
22    sentence the  defendant  to  a  term  of  imprisonment  under
23    Chapter V of the Unified Code of Corrections.
24        (k)  Guidelines for seeking the death penalty.
25        The Attorney General and  State's  Attorneys  Association
26    shall   consult   on   voluntary  guidelines  for  procedures
27    governing whether or not to  seek  the  death  penalty.   The
28    guidelines do not have the force of law and are only advisory
29    in nature.
30    (Source: P.A.  91-357,  eff.  7-29-99;  91-434,  eff. 1-1-00;
31    92-854, eff. 12-5-02.)

32        (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
33        Sec. 14-3.  Exemptions.  The following  activities  shall
 
                            -23-     LRB093 08615 WGH 16431 a
 1    be exempt from the provisions of this Article:
 2        (a)  Listening   to   radio,   wireless   and  television
 3    communications of any sort where the same are publicly made;
 4        (b)  Hearing conversation when heard by employees of  any
 5    common  carrier  by  wire  incidental to the normal course of
 6    their employment in the operation, maintenance or  repair  of
 7    the  equipment  of  such common carrier by wire so long as no
 8    information obtained thereby  is  used  or  divulged  by  the
 9    hearer;
10        (c)  Any  broadcast  by  radio,  television  or otherwise
11    whether it be a broadcast or  recorded  for  the  purpose  of
12    later  broadcasts  of  any  function  where  the public is in
13    attendance and the conversations are overheard incidental  to
14    the  main  purpose  for  which such broadcasts are then being
15    made;
16        (d)  Recording or listening with the aid of any device to
17    any emergency communication made  in  the  normal  course  of
18    operations  by  any  federal,  state or local law enforcement
19    agency  or  institutions  dealing  in   emergency   services,
20    including,  but not limited to, hospitals, clinics, ambulance
21    services,  fire  fighting  agencies,  any   public   utility,
22    emergency  repair facility, civilian defense establishment or
23    military installation;
24        (e)  Recording the proceedings of any meeting required to
25    be open by the Open Meetings Act, as amended;
26        (f)  Recording or listening with the aid of any device to
27    incoming telephone calls of phone lines  publicly  listed  or
28    advertised   as   consumer  "hotlines"  by  manufacturers  or
29    retailers of food and drug products.  Such recordings must be
30    destroyed, erased or turned over  to  local  law  enforcement
31    authorities  within  24 hours from the time of such recording
32    and shall not be otherwise disseminated.  Failure on the part
33    of the individual or business operating any such recording or
34    listening device to comply  with  the  requirements  of  this
 
                            -24-     LRB093 08615 WGH 16431 a
 1    subsection  shall  eliminate  any  civil or criminal immunity
 2    conferred upon that individual or business by  the  operation
 3    of this Section;
 4        (g)  With  prior  notification to the State's Attorney of
 5    the county in which it is to occur,  recording  or  listening
 6    with  the  aid  of any device to any conversation where a law
 7    enforcement officer, or any person acting at the direction of
 8    law enforcement, is a  party  to  the  conversation  and  has
 9    consented   to   it   being  intercepted  or  recorded  under
10    circumstances where the use of the device  is  necessary  for
11    the  protection  of the law enforcement officer or any person
12    acting at the direction of law enforcement, in the course  of
13    an  investigation of a forcible felony, a felony violation of
14    the Illinois Controlled Substances Act, a felony violation of
15    the Cannabis Control Act,  or  any  "streetgang  related"  or
16    "gang-related"  felony  as  those  terms  are  defined in the
17    Illinois Streetgang Terrorism  Omnibus  Prevention  Act.  Any
18    recording or evidence derived as the result of this exemption
19    shall  be  inadmissible in any proceeding, criminal, civil or
20    administrative, except (i) where a party to the  conversation
21    suffers   great  bodily  injury  or  is  killed  during  such
22    conversation, or (ii) when used as direct  impeachment  of  a
23    witness  concerning  matters contained in the interception or
24    recording.  The Director of the Department  of  State  Police
25    shall  issue  regulations as are necessary concerning the use
26    of  devices,  retention  of  tape  recordings,  and   reports
27    regarding their use;
28        (g-5)  With  approval  of  the  State's  Attorney  of the
29    county in which it is to occur, recording or  listening  with
30    the  aid  of  any  device  to  any  conversation  where a law
31    enforcement officer, or any person acting at the direction of
32    law enforcement, is a  party  to  the  conversation  and  has
33    consented  to  it being intercepted or recorded in the course
34    of an investigation of any offense defined in Article 29D  of
 
                            -25-     LRB093 08615 WGH 16431 a
 1    this  Code.  In  all  such cases, an application for an order
 2    approving the previous or continuing use of an  eavesdropping
 3    device  must  be  made within 48 hours of the commencement of
 4    such use.  In the absence of  such  an  order,  or  upon  its
 5    denial,  any  continuing use shall immediately terminate. The
 6    Director of State Police shall issue rules as  are  necessary
 7    concerning  the use of devices, retention of tape recordings,
 8    and reports regarding their use.
 9        Any recording or evidence  obtained  or  derived  in  the
10    course  of an investigation of any offense defined in Article
11    29D of this Code shall, upon motion of the  State's  Attorney
12    or Attorney General prosecuting any violation of Article 29D,
13    be  reviewed  in camera with notice to all parties present by
14    the court presiding over the criminal case, and, if ruled  by
15    the  court  to be relevant and otherwise admissible, it shall
16    be admissible at the trial of the criminal case.
17        This subsection (g-5) is inoperative on and after January
18    1, 2005. No conversations recorded or monitored  pursuant  to
19    this subsection (g-5) shall be inadmissable in a court of law
20    by  virtue  of the repeal of this subsection (g-5) on January
21    1, 2005;.
22        (h)  Recordings  made   simultaneously   with   a   video
23    recording  of  an  oral conversation between a peace officer,
24    who has identified his or her office, and  a  person  stopped
25    for an investigation of an offense under the Illinois Vehicle
26    Code;
27        (i)  Recording  of  a  conversation  made  by  or  at the
28    request of a person, not a law enforcement officer  or  agent
29    of  a  law  enforcement  officer,  who  is  a  party  to  the
30    conversation,  under  reasonable suspicion that another party
31    to the conversation is committing, is about to commit, or has
32    committed a criminal offense against the person or  a  member
33    of  his  or  her  immediate household, and there is reason to
34    believe that evidence of the criminal offense may be obtained
 
                            -26-     LRB093 08615 WGH 16431 a
 1    by the recording; and
 2        (j)  The use of a telephone monitoring device  by  either
 3    (1)  a  corporation  or  other  business  entity  engaged  in
 4    marketing  or  opinion research or (2) a corporation or other
 5    business entity engaged in telephone solicitation, as defined
 6    in this subsection, to record or  listen  to  oral  telephone
 7    solicitation  conversations  or marketing or opinion research
 8    conversations by an employee  of  the  corporation  or  other
 9    business entity when:
10             (i)  the  monitoring  is  used  for  the  purpose of
11        service quality control of marketing or opinion  research
12        or  telephone  solicitation, the education or training of
13        employees or contractors engaged in marketing or  opinion
14        research  or telephone solicitation, or internal research
15        related to marketing or  opinion  research  or  telephone
16        solicitation; and
17             (ii)  the  monitoring is used with the consent of at
18        least one person who is an active party to the  marketing
19        or    opinion    research   conversation   or   telephone
20        solicitation conversation being monitored.
21        No communication or conversation or any part, portion, or
22    aspect of the communication or conversation  made,  acquired,
23    or  obtained,  directly  or  indirectly, under this exemption
24    (j), may be, directly or indirectly,  furnished  to  any  law
25    enforcement  officer,  agency, or official for any purpose or
26    used in any inquiry or investigation, or  used,  directly  or
27    indirectly,   in   any  administrative,  judicial,  or  other
28    proceeding, or divulged to any third party.
29        When recording or listening authorized by this subsection
30    (j) on telephone lines used for marketing or opinion research
31    or telephone solicitation purposes results  in  recording  or
32    listening to a conversation that does not relate to marketing
33    or  opinion  research  or  telephone solicitation; the person
34    recording or listening shall,  immediately  upon  determining
 
                            -27-     LRB093 08615 WGH 16431 a
 1    that the conversation does not relate to marketing or opinion
 2    research  or  telephone solicitation, terminate the recording
 3    or listening and destroy any such recording  as  soon  as  is
 4    practicable.
 5        Business  entities  that  use  a  telephone monitoring or
 6    telephone recording system pursuant  to  this  exemption  (j)
 7    shall  provide  current and prospective employees with notice
 8    that the monitoring or recordings may occur during the course
 9    of their employment.   The  notice  shall  include  prominent
10    signage notification within the workplace.
11        Business  entities  that  use  a  telephone monitoring or
12    telephone recording system pursuant  to  this  exemption  (j)
13    shall  provide  their  employees  or  agents  with  access to
14    personal-only telephone lines which may  be  pay  telephones,
15    that  are  not  subject  to telephone monitoring or telephone
16    recording.
17        For the  purposes  of  this  subsection  (j),  "telephone
18    solicitation"  means  a  communication  through  the use of a
19    telephone by live operators:
20             (i)  soliciting the sale of goods or services;
21             (ii)  receiving orders for  the  sale  of  goods  or
22        services;
23             (iii)  assisting in the use of goods or services; or
24             (iv)  engaging  in the solicitation, administration,
25        or collection of bank or retail credit accounts.
26        For the purposes of this subsection  (j),  "marketing  or
27    opinion  research"  means  a  marketing  or  opinion research
28    interview conducted by a live telephone  interviewer  engaged
29    by  a  corporation  or  other business entity whose principal
30    business is the design, conduct, and analysis  of  polls  and
31    surveys  measuring  the opinions, attitudes, and responses of
32    respondents  toward  products  and  services,  or  social  or
33    political issues, or both; and
34        (k)  Recording the interview or statement of  any  person
 
                            -28-     LRB093 08615 WGH 16431 a
 1    when  the  person knows that the interview is being conducted
 2    by a law enforcement officer or prosecutor and the  interview
 3    takes   place   at   a   police  station  that  is  currently
 4    participating  in  the  Custodial  Interview  Pilot   Program
 5    established  under  the Illinois Criminal Justice Information
 6    Act.
 7    (Source: P.A. 91-357, eff. 7-29-99; 92-854, eff. 12-5-02.)

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

12        (725 ILCS 5/107A Art. heading new)
13          ARTICLE 107A.  LINEUP AND PHOTO SPREAD PROCEDURE

14        (725 ILCS 5/107A-5 new)
15        Sec. 107A-5.  Lineup and photo spread procedure.
16        (a)  All  lineups  shall  be  photographed  or  otherwise
17    recorded. These photographs shall be disclosed to the accused
18    and his or her defense counsel during  discovery  proceedings
19    as  provided in Illinois Supreme Court Rules. All photographs
20    of suspects shown to an eyewitness during  the  photo  spread
21    shall  be  disclosed  to  the  accused and his or her defense
22    counsel during discovery proceedings as provided in  Illinois
23    Supreme Court Rules.
24        (b)  Each  eyewitness  who views a lineup or photo spread
25    shall sign a form containing the following information:
26             (1)  The suspect might not be in the lineup or photo
27        spread and the eyewitness is not  obligated  to  make  an
28        identification.
29             (2)  The  eyewitness  should  not  assume  that  the
30        person  administering  the  lineup  or photo spread knows
31        which person is the suspect in the case.
 
                            -29-     LRB093 08615 WGH 16431 a
 1        (c)  Suspects in a lineup  or  photo  spread  should  not
 2    appear  to  be  substantially  different  from  "fillers"  or
 3    "distracters"  in  the  lineup  or photo spread, based on the
 4    eyewitness' previous description of the perpetrator, or based
 5    on other factors that would draw attention to the suspect.

 6        (725 ILCS 5/107A-10 new)
 7        Sec.   107A-10.  Pilot   study   on   sequential   lineup
 8    procedures.
 9        (a)  Legislative intent. Because the  goal  of  a  police
10    investigation   is   to   apprehend  the  person  or  persons
11    responsible for committing a crime, it is useful to conduct a
12    pilot  study  in  the  field  on  the  effectiveness  of  the
13    sequential method for lineup procedures.
14        (b)  Establishment of pilot jurisdictions. The Department
15    of  State  Police  shall  select  3  police  departments   to
16    participate in a one-year pilot study on the effectiveness of
17    the  sequential  lineup  method  for  photo  and  live lineup
18    procedures. One such pilot jurisdiction  shall  be  a  police
19    district  within  a police department in a municipality whose
20    population is at least  500,000  residents;  one  such  pilot
21    jurisdiction  shall  be a police department in a municipality
22    whose population is at least 100,000 but less  than  500,000;
23    and  one such pilot jurisdiction shall be a police department
24    in a municipality whose population is less than 100,000.  All
25    such  pilot  jurisdictions  shall  be  selected no later than
26    January 1, 2004.
27        (c)  Sequential lineup procedures in pilot jurisdictions.
28    For any offense alleged to have been  committed  in  a  pilot
29    jurisdiction  on  or  after  January 1, 2004, selected lineup
30    identification procedure shall be presented in the sequential
31    method in which a witness is shown lineup participants one at
32    a time, using the following procedures:
33             (1)  The witness shall be requested to state whether
 
                            -30-     LRB093 08615 WGH 16431 a
 1        the individual shown is  the  perpetrator  of  the  crime
 2        prior  to  viewing  the next lineup participant. Only one
 3        member of the lineup shall be a suspect and the remainder
 4        shall be "fillers" who  are  not  suspects  but  fit  the
 5        general  description  of the offender without the suspect
 6        unduly standing out;
 7             (2)  The lineup administrator shall be  someone  who
 8        is not aware of which member of the lineup is the suspect
 9        in the case; and
10             (3)  Prior   to  presenting  the  lineup  using  the
11        sequential method the lineup administrator shall:
12                  (A)  Inform the witness  that  the  perpetrator
13             may or may not be among those shown, and the witness
14             should not feel compelled to make an identification;
15                  (B)  Inform  the  witness  that  he or she will
16             view individuals one at a time and will be requested
17             to  state  whether  the  individual  shown  is   the
18             perpetrator  of the crime, prior to viewing the next
19             lineup participant; and
20                  (C)  Ask the witness to state in his or her own
21             words  how  sure  he  or  she  is  that  the  person
22             identified  is  the  actual  offender.   During  the
23             statement,  or  as  soon  thereafter  as  reasonably
24             possible,  the  witness's  actual  words  shall   be
25             documented.
26        (d)  Application.   This Section applies to selected live
27    lineups that are composed and presented at a  police  station
28    and  to selected photo lineups regardless of where presented;
29    provided  that  this  Section  does  not  apply   in   police
30    investigations  in  which  a  spontaneous  identification  is
31    possible  and no lineup procedure is being used. This Section
32    does not affect the right to counsel afforded by the U.S.  or
33    Illinois  Constitutions  or  State  law  at  any  stage  of a
34    criminal proceeding.
 
                            -31-     LRB093 08615 WGH 16431 a
 1        (e)  Selection    of    lineups.    The     participating
 2    jurisdictions  shall develop a protocol for the selection and
 3    administration of lineups which  is  practical,  designed  to
 4    elicit  information  for comparative evaluation purposes, and
 5    is consistent with objective scientific research methodology.
 6        (f)  Training and administrators. The Department of State
 7    Police shall offer training to police officers and any  other
 8    appropriate  personnel on the sequential method of conducting
 9    lineup  procedures  in  the  pilot  jurisdictions   and   the
10    requirements  of this Section. The Department of State Police
11    may seek funding for training  and  administration  from  the
12    Illinois  Criminal  Justice  Information  Authority  and  the
13    Illinois   Law   Enforcement   Training  Standards  Board  if
14    necessary.
15        (g)  Report on the pilot study.  The Department of  State
16    Police   shall   gather   information   from   each   of  the
17    participating  police  departments  selected   as   a   pilot
18    jurisdiction   with  respect  to  the  effectiveness  of  the
19    sequential method for lineup  procedures  and  shall  file  a
20    report  of  its  findings  with  the Governor and the General
21    Assembly no later than April 1, 2005.

22        (725 ILCS 5/114-13) (from Ch. 38, par. 114-13)
23        Sec. 114-13.  Discovery in criminal cases.
24        (a)  Discovery procedures in criminal cases shall  be  in
25    accordance with Supreme Court Rules.
26        (b)  Any  public investigative, law enforcement, or other
27    public agency  responsible  for  investigating  any  homicide
28    offense  or participating in an investigation of any homicide
29    offense, other than defense investigators, shall  provide  to
30    the  authority  prosecuting  the  offense  all  investigative
31    material,  including  but  not limited to reports, memoranda,
32    and field notes, that have been generated  by  or  have  come
33    into  the  possession  of the investigating agency concerning
 
                            -32-     LRB093 08615 WGH 16431 a
 1    the homicide offense being  investigated.  In  addition,  the
 2    investigating   agency   shall  provide  to  the  prosecuting
 3    authority any material  or  information,  including  but  not
 4    limited  to  reports,  memoranda, and field notes, within its
 5    possession or control that would tend to negate the guilt  of
 6    the  accused  of  the  offense  charged  or reduce his or her
 7    punishment for the homicide offense. Every investigative  and
 8    law  enforcement agency in this State shall adopt policies to
 9    ensure compliance with these  standards.  Any  investigative,
10    law  enforcement,  or  other  public  agency  responsible for
11    investigating   any   "non-homicide   felony"   offense    or
12    participating   in  an  investigation  of  any  "non-homicide
13    felony" offense,  other  than  defense  investigators,  shall
14    provide   to   the  authority  prosecuting  the  offense  all
15    investigative material, including but not limited to  reports
16    and  memoranda  that have been generated by or have come into
17    the possession of the  investigating  agency  concerning  the
18    "non-homicide   felony"   offense   being  investigated.   In
19    addition, the  investigating  agency  shall  provide  to  the
20    prosecuting  authority any material or information, including
21    but  not  limited  to  reports  and  memoranda,  within   its
22    possession  or control that would tend to negate the guilt of
23    the accused of the "non-homicide felony" offense  charged  or
24    reduce  his  or  her punishment for the "non-homicide felony"
25    offense.  This obligation  to  furnish  exculpatory  evidence
26    exists  whether the information was recorded or documented in
27    any form.  Every investigative and law enforcement agency  in
28    this  State  shall  adopt  policies to ensure compliance with
29    these standards.
30    (Source: Laws 1963, p. 2836.)

31        (725 ILCS 5/114-15 new)
32        Sec. 114-15.  Mental retardation.
33        (a)  In a first degree murder case  in  which  the  State
 
                            -33-     LRB093 08615 WGH 16431 a
 1    seeks the death penalty as an appropriate sentence, any party
 2    may  raise the issue of the defendant's mental retardation by
 3    motion. A defendant wishing to raise the issue of his or  her
 4    mental  retardation shall provide written notice to the State
 5    and the court as soon as the  defendant  reasonably  believes
 6    such issue will be raised.
 7        (b)  The  issue  of  the  defendant's  mental retardation
 8    shall be determined in a pretrial hearing. The court shall be
 9    the fact finder  on  the  issue  of  the  defendant's  mental
10    retardation  and shall determine the issue by a preponderance
11    of evidence in which the  moving  party  has  the  burden  of
12    proof. The court may appoint an expert in the field of mental
13    retardation.  The  defendant  and the State may offer experts
14    from  the  field  of  mental  retardation.  The  court  shall
15    determine admissibility of evidence and qualification  as  an
16    expert.
17        (c)  If after a plea of guilty to first degree murder, or
18    a  finding of guilty of first degree murder in a bench trial,
19    or a verdict of guilty for first  degree  murder  in  a  jury
20    trial,  or  on  a  matter remanded from the Supreme Court for
21    sentencing for first degree murder, and the State  seeks  the
22    death  penalty  as an appropriate sentence, the defendant may
23    raise the issue of  defendant's  mental  retardation  not  at
24    eligibility but at aggravation and mitigation.  The defendant
25    and  the  State  may  offer  experts from the field of mental
26    retardation.  The  court  shall  determine  admissibility  of
27    evidence and qualification as an expert.
28        (d)  In  determining  whether  the  defendant is mentally
29    retarded, the mental retardation must have manifested  itself
30    by   the  age  of  18.    IQ  tests  and  psychometric  tests
31    administered to the defendant  must  be  the  kind  and  type
32    recognized  by experts in the field of mental retardation. In
33    order for the defendant to be considered mentally retarded, a
34    low  IQ  must  be  accompanied  by  significant  deficits  in
 
                            -34-     LRB093 08615 WGH 16431 a
 1    adaptive behavior in at least 2 of the following skill areas:
 2    communication, self-care,  social  or  interpersonal  skills,
 3    home  living,  self-direction,  academics, health and safety,
 4    use of  community  resources,  and  work.    An  intelligence
 5    quotient  (IQ)  of  75  or  below  is presumptive evidence of
 6    mental retardation.
 7        (e)  Evidence of mental retardation that did  not  result
 8    in   disqualifying  the  case  as  a  capital  case,  may  be
 9    introduced  as  evidence  in  mitigation  during  a   capital
10    sentencing  hearing. A failure of the court to determine that
11    the defendant is mentally  retarded  does  not  preclude  the
12    court  during trial from allowing evidence relating to mental
13    disability should the court deem it appropriate.
14        (f)  If the court determines at  a  pretrial  hearing  or
15    after  remand  that a capital defendant is mentally retarded,
16    and the State does not appeal pursuant to Supreme Court  Rule
17    604,  the  case  shall no longer be considered a capital case
18    and the procedural guidelines established for  capital  cases
19    shall  no  longer  be  applicable  to the defendant.  In that
20    case, the defendant shall be sentenced under  the  sentencing
21    provisions of Chapter V of the Unified Code of Corrections.

22        (725 ILCS 5/115-21 new)
23        Sec. 115-21.  Informant testimony.
24        (a)  For  the purposes of this Section, "informant" means
25    someone who is purporting to testify about admissions made to
26    him or her by the  accused  while  incarcerated  in  a  penal
27    institution contemporaneously.
28        (b)  This  Section  applies  to any capital case in which
29    the   prosecution   attempts   to   introduce   evidence   of
30    incriminating statements made by the accused to or  overheard
31    by an informant.
32        (c)  In  any  case  under  this  Section, the prosecution
33    shall timely disclose in discovery:
 
                            -35-     LRB093 08615 WGH 16431 a
 1             (1)  the complete criminal history of the informant;
 2             (2)  any deal, promise, inducement, or benefit  that
 3        the offering party has made or will make in the future to
 4        the informant;
 5             (3)  the statements made by the accused;
 6             (4)  the  time and place of the statements, the time
 7        and  place  of  their  disclosure  to   law   enforcement
 8        officials,  and the names of all persons who were present
 9        when the statements were made;
10             (5)  whether at any time the informant recanted that
11        testimony or statement and, if so, the time and place  of
12        the  recantation,  the nature of the recantation, and the
13        names of the persons who were present at the recantation;
14             (6)  other cases in which the  informant  testified,
15        provided  that  the  existence  of  such testimony can be
16        ascertained through reasonable inquiry  and  whether  the
17        informant received any promise, inducement, or benefit in
18        exchange   for   or   subsequent  to  that  testimony  or
19        statement; and
20             (7)  any   other   information   relevant   to   the
21        informant's credibility.
22        (d)  In any case under this Section, the prosecution must
23    timely disclose its intent to introduce the testimony  of  an
24    informant.   The  court  shall conduct a hearing to determine
25    whether the testimony of the informant  is  reliable,  unless
26    the  defendant  waives  such  a  hearing.  If the prosecution
27    fails to show by a preponderance of  the  evidence  that  the
28    informant's  testimony is reliable, the court shall not allow
29    the testimony to be heard at trial.   At  this  hearing,  the
30    court shall consider the factors enumerated in subsection (c)
31    as well as any other factors relating to reliability.
32        (e)  A  hearing  required  under  subsection (d) does not
33    apply to statements covered under  subsection  (b)  that  are
34    lawfully recorded.
 
                            -36-     LRB093 08615 WGH 16431 a
 1        (f)  This   Section   applies   to   all   death  penalty
 2    prosecutions initiated on or after the effective date of this
 3    amendatory Act of the 93rd General Assembly.

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

26        (725 ILCS 5/116-3)
27        Sec. 116-3.  Motion for fingerprint or  forensic  testing
28    not available at trial regarding actual innocence.
29        (a)  A defendant may make a motion before the trial court
30    that  entered  the  judgment of conviction in his or her case
31    for the performance of fingerprint or forensic  DNA  testing,
32    including  comparison analysis of genetic marker groupings of
 
                            -37-     LRB093 08615 WGH 16431 a
 1    the evidence collected by criminal justice agencies  pursuant
 2    to  the  alleged offense, to those of the defendant, to those
 3    of other forensic evidence, and  to  those  maintained  under
 4    subsection  (f)  of  Section  5-4-3  of  the  Unified Code of
 5    Corrections, on evidence that was secured in relation to  the
 6    trial  which resulted in his or her conviction, but which was
 7    not subject to the testing which is now requested because the
 8    technology for the testing was not available at the  time  of
 9    trial.   Reasonable notice of the motion shall be served upon
10    the State.
11        (b)  The defendant must present a prima facie case that:
12             (1)  identity was  the  issue  in  the  trial  which
13        resulted in his or her conviction; and
14             (2)  the evidence to be tested has been subject to a
15        chain  of custody sufficient to establish that it has not
16        been substituted, tampered with, replaced, or altered  in
17        any material aspect.
18        (c)  The  trial  court  shall  allow  the  testing  under
19    reasonable   conditions   designed  to  protect  the  State's
20    interests in the integrity of the evidence  and  the  testing
21    process upon a determination that:
22             (1)  the  result  of  the testing has the scientific
23        potential  to   produce   new,   noncumulative   evidence
24        materially  relevant  to  the  defendant's  assertion  of
25        actual   innocence   even  though  the  results  may  not
26        completely exonerate the defendant;
27             (2)  the  testing  requested  employs  a  scientific
28        method generally accepted within the relevant  scientific
29        community.
30    (Source: P.A. 90-141, eff. 1-1-98.)

31        (725 ILCS 5/116-5 new)
32        Sec.  116-5.  Motion  for  DNA  database  search (genetic
33    marker groupings comparison analysis).
 
                            -38-     LRB093 08615 WGH 16431 a
 1        (a)  Upon motion by a defendant charged with any  offense
 2    where   DNA   evidence   may   be  material  to  the  defense
 3    investigation or relevant at trial, a court may order  a  DNA
 4    database  search  by  the  Department  of  State Police. Such
 5    analysis may include comparing:
 6             (1)  the genetic profile from forensic evidence that
 7        was secured in relation to the trial against the  genetic
 8        profile of the defendant,
 9             (2)  the   genetic  profile  of  items  of  forensic
10        evidence secured in relation  to  trial  to  the  genetic
11        profile of other forensic evidence secured in relation to
12        trial, or
13             (3)  the    genetic    profiles   referred   to   in
14        subdivisions (1) and (2) against:
15                  (i)  genetic profiles of  offenders  maintained
16             under subsection (f) of Section 5-4-3 of the Unified
17             Code of Corrections, or
18                  (ii)  genetic   profiles,   including  but  not
19             limited to, profiles from unsolved crimes maintained
20             in state or local DNA databases by  law  enforcement
21             agencies.
22        (b)  If  appropriate  federal criteria are met, the court
23    may order the Department  of  State  Police  to  request  the
24    National  DNA  index system to search its database of genetic
25    profiles.
26        (c)  If   requested   by   the   defense,    a    defense
27    representative  shall  be  allowed to view any genetic marker
28    grouping  analysis  conducted  by  the  Department  of  State
29    Police. The defense shall be  provided  with  copies  of  all
30    documentation,      correspondence,     including     digital
31    correspondence, notes, memoranda, and  reports  generated  in
32    relation to the analysis.
33        (d)  Reasonable notice of the motion shall be served upon
34    the State.
 
                            -39-     LRB093 08615 WGH 16431 a
 1        (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
 2        Sec. 122-1. Petition in the trial court.
 3        (a)  Any   person  imprisoned  in  the  penitentiary  may
 4    institute a proceeding under this Article if the  person  who
 5    asserts that:
 6             (1)  in the proceedings which resulted in his or her
 7        conviction  there  was a substantial denial of his or her
 8        rights under the Constitution of the United States or  of
 9        the  State  of  Illinois  or  both;  or  may  institute a
10        proceeding under this Article.
11             (2)  the death penalty  was  imposed  and  there  is
12        newly  discovered evidence not available to the person at
13        the time of the proceeding that resulted in  his  or  her
14        conviction   that  establishes  a  substantial  basis  to
15        believe that the defendant is actually innocent by  clear
16        and convincing evidence.
17        (a-5)  A proceeding under paragraph (2) of subsection (a)
18    may be commenced within a reasonable period of time after the
19    person's  conviction  notwithstanding any other provisions of
20    this  Article.  In  such  a   proceeding   regarding   actual
21    innocence,  if the court determines the petition is frivolous
22    or is patently without merit, it shall dismiss  the  petition
23    in  a  written  order,  specifying  the  findings of fact and
24    conclusions of law it made in  reaching  its  decision.  Such
25    order  of  dismissal  is a final judgment and shall be served
26    upon the petitioner by certified mail within 10 days  of  its
27    entry.
28        (b)  The proceeding shall be commenced by filing with the
29    clerk  of  the  court  in  which  the conviction took place a
30    petition  (together  with  a  copy   thereof)   verified   by
31    affidavit.  Petitioner shall also serve another copy upon the
32    State's  Attorney by any of the methods provided in Rule 7 of
33    the Supreme Court.  The clerk shall docket the  petition  for
34    consideration  by  the court pursuant to Section 122-2.1 upon
 
                            -40-     LRB093 08615 WGH 16431 a
 1    his or her receipt thereof and bring the same promptly to the
 2    attention of the court.
 3        (c)  Except as otherwise provided in subsection (a-5), if
 4    the petitioner is under sentence  of  death,  no  proceedings
 5    under  this  Article  shall  be  commenced more than 6 months
 6    after the denial of a petition for certiorari to  the  United
 7    States  Supreme Court on direct appeal, or more than 6 months
 8    from the date for filing such a petition if  none  is  filed,
 9    unless  the  petitioner  alleges facts showing that the delay
10    was not due to his or her culpable negligence.
11        When a defendant has a  sentence  other  than  death,  no
12    proceedings under this Article shall be commenced more than 6
13    months  after  the denial of the Petition for Leave to Appeal
14    to the Illinois Supreme Court, or more than 6 months from the
15    date for filing such a petition if none is filed, unless  the
16    petitioner  alleges  facts showing that the delay was not due
17    to his or her culpable negligence.
18        This limitation does not apply to a petition advancing  a
19    claim  of actual innocence. no proceedings under this Article
20    shall be commenced more than 6 months after the denial  of  a
21    petition  for  leave  to appeal or the date for filing such a
22    petition if none is filed or more  than  45  days  after  the
23    defendant  files  his  or  her  brief  in  the  appeal of the
24    sentence before the Illinois Supreme Court (or more  than  45
25    days  after  the  deadline  for the filing of the defendant's
26    brief with the Illinois Supreme Court if no brief  is  filed)
27    or  3 years from the date of conviction, whichever is sooner,
28    unless the petitioner alleges facts showing  that  the  delay
29    was not due to his or her culpable negligence.
30        (d)  A  person  seeking relief by filing a petition under
31    this Section must specify in the petition or its heading that
32    it is filed under this Section.    A  trial  court  that  has
33    received  a  petition complaining of a conviction or sentence
34    that fails to specify in the petition or its heading that  it
 
                            -41-     LRB093 08615 WGH 16431 a
 1    is filed under this Section need not evaluate the petition to
 2    determine whether it could otherwise have stated some grounds
 3    for relief under this Article.
 4        (e)  A proceeding under this Article may not be commenced
 5    on  behalf  of  a  defendant  who has been sentenced to death
 6    without the written consent  of  the  defendant,  unless  the
 7    defendant,  because  of  a  mental  or physical condition, is
 8    incapable of asserting his or her own claim.
 9    (Source: P.A.  89-284,  eff.  1-1-96;  89-609,  eff.  1-1-97;
10    89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)

11        (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
12        Sec.  122-2.1.  (a)  Within  90 days after the filing and
13    docketing of each petition,  the  court  shall  examine  such
14    petition and enter an order thereon pursuant to this Section.
15             (1)  If  the  petitioner  is under sentence of death
16        and is without counsel and alleges  that  he  is  without
17        means  to  procure counsel, he shall state whether or not
18        he wishes counsel to be appointed to represent him.    If
19        appointment  of  counsel is so requested, the court shall
20        appoint counsel if satisfied that the petitioner  has  no
21        means to procure counsel.
22             (2)  If  the petitioner is sentenced to imprisonment
23        and the court determines the petition is frivolous or  is
24        patently  without merit, it shall dismiss the petition in
25        a written order, specifying  the  findings  of  fact  and
26        conclusions  of  law  it  made  in reaching its decision.
27        Such order of dismissal is a final judgment and shall  be
28        served  upon  the  petitioner by certified mail within 10
29        days of its entry.
30        (b)  If the petition is not dismissed  pursuant  to  this
31    Section,  the  court  shall order the petition to be docketed
32    for further consideration in accordance with  Sections  122-4
33    through  122-6. If the petitioner is under sentence of death,
 
                            -42-     LRB093 08615 WGH 16431 a
 1    the court shall order the petition to be docketed for further
 2    consideration and hearing within one year of  the  filing  of
 3    the  petition. Continuances may be granted as the court deems
 4    appropriate.
 5        (c)  In considering a petition pursuant to this  Section,
 6    the  court  may  examine  the court file of the proceeding in
 7    which the petitioner was convicted, any action  taken  by  an
 8    appellate  court  in  such  proceeding and any transcripts of
 9    such proceeding.
10    (Source: P.A. 86-655; 87-904.)

11        (725 ILCS 5/122-2.2 new)
12        Sec.  122-2.2.  Mental  retardation  and  post-conviction
13    relief.
14        (a)  In  cases   where   no   determination   of   mental
15    retardation  was  made  and a defendant has been convicted of
16    first-degree murder, sentenced to death, and  is  in  custody
17    pending  execution  of  the  sentence of death, the following
18    procedures shall apply:
19             (1)  Notwithstanding any other provision of  law  or
20        rule of court, a defendant may seek relief from the death
21        sentence  through  a  petition for post-conviction relief
22        under  this  Article  alleging  that  the  defendant  was
23        mentally retarded as defined in  Section  114-15  at  the
24        time the offense was alleged to have been committed.
25             (2)  The  petition  must be filed within 180 days of
26        the effective date of this amendatory  Act  of  the  93rd
27        General  Assembly  or  within 180 days of the issuance of
28        the mandate by the Illinois  Supreme  Court  setting  the
29        date of execution, whichever is later.
30        (3)  All  other  provisions  of  this  Article  governing
31    petitions   for  post-conviction  relief  shall  apply  to  a
32    petition   for   post-conviction   relief   alleging   mental
33    retardation.
 
                            -43-     LRB093 08615 WGH 16431 a
 1        Section 20.  The Capital Crimes Litigation Act is amended
 2    by changing Sections 15 and 19 as follows:

 3        (725 ILCS 124/15)
 4        (Section scheduled to be repealed on July 1, 2004)
 5        Sec. 15.  Capital Litigation Trust Fund.
 6        (a)  The Capital Litigation Trust Fund is  created  as  a
 7    special  fund in the State Treasury.  The Trust Fund shall be
 8    administered by the State Treasurer to provide moneys for the
 9    appropriations  to  be  made,  grants  to  be  awarded,   and
10    compensation  and  expenses  to  be paid under this Act.  All
11    interest earned from the  investment  or  deposit  of  moneys
12    accumulated in the Trust Fund shall, under Section 4.1 of the
13    State Finance Act,  be deposited into the Trust Fund.
14        (b)  Moneys  deposited  into  the Trust Fund shall not be
15    considered general revenue of the State of Illinois.
16        (c)  Moneys deposited into the Trust Fund shall  be  used
17    exclusively  for  the  purposes  of providing funding for the
18    prosecution and defense of capital cases as provided in  this
19    Act  and  shall not be appropriated, loaned, or in any manner
20    transferred to the General  Revenue  Fund  of  the  State  of
21    Illinois.
22        (d)  Every fiscal year the State Treasurer shall transfer
23    from the General Revenue Fund to the Capital Litigation Trust
24    Fund   an   amount   equal  to  the  full  amount  of  moneys
25    appropriated by the General Assembly (both  by  original  and
26    supplemental appropriation), less any unexpended balance from
27    the  previous  fiscal year, from the Capital Litigation Trust
28    Fund for the specific purpose of making funding available for
29    the prosecution and defense of  capital  cases.   The  Public
30    Defender  and  State's  Attorney  in  Cook  County, the State
31    Appellate   Defender,   the   State's   Attorneys   Appellate
32    Prosecutor,  and  the  Attorney  General  shall  make  annual
33    requests for appropriations from the Trust Fund.
 
                            -44-     LRB093 08615 WGH 16431 a
 1             (1)  The  Public  Defender  in  Cook  County   shall
 2        request   appropriations   to  the  State  Treasurer  for
 3        expenses incurred by the Public Defender and for  funding
 4        for private appointed defense counsel in Cook  County.
 5             (2)  The  State's  Attorney  in  Cook  County  shall
 6        request  an  appropriation  to  the  State  Treasurer for
 7        expenses incurred by the State's Attorney.
 8             (3)  The State Appellate Defender  shall  request  a
 9        direct  appropriation  from  the  Trust Fund for expenses
10        incurred by the State  Appellate  Defender  in  providing
11        assistance  to  trial  attorneys  under  item  (c)(5)  of
12        Section  10  of  the  State Appellate Defender Act and an
13        appropriation to the State Treasurer  for  payments  from
14        the Trust Fund for the defense of cases in counties other
15        than Cook County.
16             (4)  The   State's  Attorneys  Appellate  Prosecutor
17        shall request a direct appropriation from the Trust  Fund
18        to   pay  expenses  incurred  by  the  State's  Attorneys
19        Appellate Prosecutor and an appropriation  to  the  State
20        Treasurer  for  payments from the Trust Fund for expenses
21        incurred by State's Attorneys in counties other than Cook
22        County.
23             (5)  The Attorney General  shall  request  a  direct
24        appropriation   from  the  Trust  Fund  to  pay  expenses
25        incurred by the Attorney General in assisting the State's
26        Attorneys in counties other than Cook County.
27        The Public Defender and State's Attorney in Cook  County,
28    the State Appellate Defender, the State's Attorneys Appellate
29    Prosecutor,   and  the  Attorney  General  may  each  request
30    supplemental appropriations from the Trust  Fund  during  the
31    fiscal year.
32        (e)  Moneys  in  the Trust Fund shall be expended only as
33    follows:
34             (1)  To  pay  the   State   Treasurer's   costs   to
 
                            -45-     LRB093 08615 WGH 16431 a
 1        administer  the  Trust Fund.  The amount for this purpose
 2        may not exceed 5% in any one fiscal year  of  the  amount
 3        otherwise  appropriated  from  the Trust Fund in the same
 4        fiscal year.
 5             (2)  To pay the capital litigation expenses of trial
 6        defense including,  but  not  limited  to,  DNA  testing,
 7        including  DNA testing under Section 116-3 of the Code of
 8        Criminal  Procedure  of  1963,   analysis,   and   expert
 9        testimony,  investigatory  and  other assistance, expert,
10        forensic,   and   other   witnesses,    and    mitigation
11        specialists,  and  grants  and  aid  provided  to  public
12        defenders  or  assistance  to  attorneys  who  have  been
13        appointed  by  the  court to represent defendants who are
14        charged with capital crimes.
15             (3)  To pay the  compensation  of  trial  attorneys,
16        other  than  public defenders, who have been appointed by
17        the court to represent defendants who  are  charged  with
18        capital crimes.
19             (4)  To  provide  State's Attorneys with funding for
20        capital litigation expenses including,  but  not  limited
21        to,   investigatory  and  other  assistance  and  expert,
22        forensic, and other  witnesses  necessary  to   prosecute
23        capital  cases.    State's  Attorneys in any county other
24        than Cook County seeking funding for  capital  litigation
25        expenses including, but not limited to, investigatory and
26        other assistance and expert, forensic, or other witnesses
27        under this Section may request that the State's Attorneys
28        Appellate Prosecutor or the Attorney General, as the case
29        may  be,  certify  the expenses as reasonable, necessary,
30        and appropriate for payment from the  Trust  Fund,  on  a
31        form  created by the State Treasurer.  Upon certification
32        of the expenses and delivery of the certification to  the
33        State  Treasurer,  the  Treasurer  shall pay the expenses
34        directly from the Capital Litigation Trust Fund if  there
 
                            -46-     LRB093 08615 WGH 16431 a
 1        are  sufficient  moneys  in  the  Trust  Fund  to pay the
 2        expenses.
 3             (5)  To  provide  financial  support   through   the
 4        Attorney General pursuant to the Attorney General Act for
 5        the  several  county  State's  Attorneys  outside of Cook
 6        County, but shall not be used to increase  personnel  for
 7        the Attorney General's Office.
 8             (6)  To   provide   financial  support  through  the
 9        State's Attorneys Appellate Prosecutor  pursuant  to  the
10        State's  Attorneys  Appellate  Prosecutor's  Act  for the
11        several county State's Attorneys outside of Cook  County,
12        but  shall  not  be  used  to  increase personnel for the
13        State's Attorneys Appellate Prosecutor.
14             (7)  To  provide  financial  support  to  the  State
15        Appellate  Defender  pursuant  to  the  State   Appellate
16        Defender Act.
17        Moneys  expended from the Trust Fund shall be in addition
18    to county funding for Public Defenders and State's Attorneys,
19    and shall not be used to  supplant  or  reduce  ordinary  and
20    customary county funding.
21        (f)  Moneys  in  the  Trust Fund shall be appropriated to
22    the State Appellate Defender, the State's Attorneys Appellate
23    Prosecutor, the Attorney General, and  the  State  Treasurer.
24    The  State  Appellate Defender shall receive an appropriation
25    from the Trust Fund to enable it  to  provide  assistance  to
26    appointed  defense counsel throughout the State and to Public
27    Defenders in counties other than Cook.  The State's Attorneys
28    Appellate Prosecutor and the Attorney General  shall  receive
29    appropriations  from the Trust Fund to enable them to provide
30    assistance to State's Attorneys in counties other  than  Cook
31    County.   Moneys shall be appropriated to the State Treasurer
32    to enable the Treasurer (i) to make grants  to  Cook  County,
33    (ii)  to  pay  the  expenses  of Public Defenders and State's
34    Attorneys in counties other than Cook County,  (iii)  to  pay
 
                            -47-     LRB093 08615 WGH 16431 a
 1    the expenses and compensation of appointed defense counsel in
 2    counties other than Cook County, and (iv) to pay the costs of
 3    administering  the  Trust  Fund.  All expenditures and grants
 4    made from the Trust Fund shall be subject  to  audit  by  the
 5    Auditor General.
 6        (g)  For Cook County, grants from the Trust Fund shall be
 7    made and administered as follows:
 8             (1)  For   each   State  fiscal  year,  the  State's
 9        Attorney and Public Defender must each  make  a  separate
10        application to the State Treasurer for capital litigation
11        grants.
12             (2)  The  State  Treasurer shall establish rules and
13        procedures  for  grant  applications.   The  rules  shall
14        require the Cook County Treasurer as the grant  recipient
15        to  report on a periodic basis to the State Treasurer how
16        much of the grant has been  expended,  how  much  of  the
17        grant  is remaining, and the purposes for which the grant
18        has been used.  The  rules  may  also  require  the  Cook
19        County  Treasurer  to  certify  on  a periodic basis that
20        expenditures of the funds have  been  made  for  expenses
21        that  are  reasonable,  necessary,  and  appropriate  for
22        payment from the Trust Fund.
23             (3)  The  State  Treasurer  shall make the grants to
24        the Cook County Treasurer as soon as possible  after  the
25        beginning of the State fiscal year.
26             (4)  The  State's  Attorney  or  Public Defender may
27        apply for supplemental grants during the fiscal year.
28             (5)  Grant moneys shall be paid to the  Cook  County
29        Treasurer  in  block grants and held in separate accounts
30        for the State's Attorney, the Public Defender, and  court
31        appointed  defense  counsel  other  than  the Cook County
32        Public Defender, respectively, for the designated  fiscal
33        year, and are not subject to county appropriation.
34             (6)  Expenditure   of   grant   moneys   under  this
 
                            -48-     LRB093 08615 WGH 16431 a
 1        subsection  (g)  is  subject  to  audit  by  the  Auditor
 2        General.
 3             (7)  The Cook  County  Treasurer  shall  immediately
 4        make payment from the appropriate separate account in the
 5        county  treasury  for  capital litigation expenses to the
 6        State's Attorney, Public  Defender,  or  court  appointed
 7        defense  counsel  other  than the Public Defender, as the
 8        case may be, upon order of the State's  Attorney,  Public
 9        Defender or the court, respectively.
10        (h)  If  a  defendant in a capital case in Cook County is
11    represented by court appointed counsel other  than  the  Cook
12    County  Public Defender, the appointed counsel shall petition
13    the court for an order directing the Cook County Treasurer to
14    pay the court appointed counsel's  reasonable  and  necessary
15    compensation  and  capital  litigation  expenses  from  grant
16    moneys provided from the Trust Fund. These petitions shall be
17    considered   in   camera.    Orders   denying  petitions  for
18    compensation or expenses are final. Counsel may not  petition
19    for  expenses  that  may have been provided or compensated by
20    the State Appellate Defender under item (c)(5) of Section  10
21    of the State Appellate Defender Act.
22        (i)  In  counties  other  than Cook County, and excluding
23    capital litigation expenses or services that  may  have  been
24    provided by the State Appellate Defender under item (c)(5) of
25    Section 10 of the State Appellate Defender Act:
26             (1)  Upon  certification  by the circuit court, on a
27        form created by  the  State  Treasurer,  that  all  or  a
28        portion  of  the  expenses are reasonable, necessary, and
29        appropriate for payment  from  the  Trust  Fund  and  the
30        court's  delivery  of the certification to the Treasurer,
31        the Treasurer shall pay the certified expenses of  Public
32        Defenders  from  the  money appropriated to the Treasurer
33        for capital litigation expenses of  Public  Defenders  in
34        any   county   other  than  Cook  County,  if  there  are
 
                            -49-     LRB093 08615 WGH 16431 a
 1        sufficient moneys in the Trust Fund to pay the expenses.
 2             (2)  If a defendant in a capital case is represented
 3        by  court  appointed  counsel  other  than   the   Public
 4        Defender,  the appointed counsel shall petition the court
 5        to certify compensation and capital  litigation  expenses
 6        including,  but  not  limited to, investigatory and other
 7        assistance, expert, forensic, and  other  witnesses,  and
 8        mitigation  specialists  as  reasonable,  necessary,  and
 9        appropriate  for  payment  from  the  Trust  Fund.   Upon
10        certification on a form created by the State Treasurer of
11        all  or  a  portion  of  the  compensation  and  expenses
12        certified  as  reasonable, necessary, and appropriate for
13        payment from the Trust Fund and the court's  delivery  of
14        the  certification  to the Treasurer, the State Treasurer
15        shall pay the certified compensation  and  expenses  from
16        the money appropriated to the Treasurer for that purpose,
17        if  there are sufficient moneys in the Trust Fund to make
18        those payments.
19             (3)  A  petition  for  capital  litigation  expenses
20        under this subsection  shall  be  considered  in  camera.
21        Orders denying petitions for compensation or expenses are
22        final.
23        (j)  If the Trust Fund is discontinued or dissolved by an
24    Act  of  the  General  Assembly  or  by operation of law, any
25    balance remaining in the Trust Fund shall be returned to  the
26    General Revenue Fund after deduction of administrative costs,
27    any   other   provision   of   this   Act   to  the  contrary
28    notwithstanding.
29    (Source: P.A. 91-589, eff. 1-1-00.)

30        (725 ILCS 124/19)
31        (Section scheduled to be repealed on July 1, 2004)
32        Sec. 19.  Report; repeal.
33        (a)  The Cook County Public  Defender,  the  Cook  County
 
                            -50-     LRB093 08615 WGH 16431 a
 1    State's  Attorney,  the State Appellate Defender, the State's
 2    Attorneys Appellate  Prosecutor,  and  the  Attorney  General
 3    shall  each  report  separately  to  the  General Assembly by
 4    January 1, 2004 detailing the amounts of  money  received  by
 5    them  through  this  Act, the uses for which those funds were
 6    expended, the balances then in the Capital  Litigation  Trust
 7    Fund   or  county  accounts, as the case may be, dedicated to
 8    them for the use and support of Public  Defenders,  appointed
 9    trial defense counsel, and State's Attorneys, as the case may
10    be.   The  report  shall  describe  and  discuss the need for
11    continued  funding  through  the   Fund   and   contain   any
12    suggestions for changes to this Act.
13        (b)  (Blank).   Unless   the  General  Assembly  provides
14    otherwise, this Act is repealed on July 1, 2004.
15    (Source: P.A. 91-589, eff. 1-1-00.)

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

18        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
19        Sec.  5-4-3.  Persons  convicted  of, or found delinquent
20    for,  certain  offenses  or  institutionalized  as   sexually
21    dangerous; specimens; genetic marker groups.
22        (a)  Any  person  convicted  of,  found  guilty under the
23    Juvenile Court Act of 1987 for, or who received a disposition
24    of court supervision for, a qualifying offense or attempt  of
25    a  qualifying  offense,  convicted  or  found  guilty  of any
26    offense classified as a  felony  under  Illinois  law,  found
27    guilty  or  given supervision for any offense classified as a
28    felony  under  the   Juvenile   Court   Act   of   1987,   or
29    institutionalized  as  a  sexually dangerous person under the
30    Sexually Dangerous Persons Act, or committed  as  a  sexually
31    violent  person under the Sexually Violent Persons Commitment
32    Act shall, regardless of the sentence or disposition imposed,
 
                            -51-     LRB093 08615 WGH 16431 a
 1    be required to submit specimens of blood, saliva,  or  tissue
 2    to the Illinois Department of State Police in accordance with
 3    the provisions of this Section, provided such person is:
 4             (1)  convicted of a qualifying offense or attempt of
 5        a  qualifying  offense  on  or  after  July  1,  1990 the
 6        effective date  of  this  amendatory  Act  of  1989,  and
 7        sentenced   to   a   term   of   imprisonment,   periodic
 8        imprisonment,  fine,  probation, conditional discharge or
 9        any other form of sentence, or  given  a  disposition  of
10        court supervision for the offense;, or
11             (1.5)  found  guilty  or given supervision under the
12        Juvenile Court Act of 1987 for a  qualifying  offense  or
13        attempt  of  a  qualifying offense on or after January 1,
14        1997; the effective date of this amendatory Act of  1996,
15        or
16             (2)  ordered   institutionalized   as   a   sexually
17        dangerous  person on or after July 1, 1990; the effective
18        date of this amendatory Act of 1989, or
19             (3)  convicted of a qualifying offense or attempt of
20        a qualifying offense before July 1,  1990  the  effective
21        date  of  this  amendatory  Act  of 1989 and is presently
22        confined as a result of  such  conviction  in  any  State
23        correctional  facility  or  county  jail  or is presently
24        serving a sentence of probation, conditional discharge or
25        periodic imprisonment as a result of such conviction;, or
26             (3.5)  convicted or  found  guilty  of  any  offense
27        classified as a felony under Illinois law or found guilty
28        or  given  supervision  for  such  an  offense  under the
29        Juvenile Court Act of 1987 on or after August  22,  2002;
30        the  effective  date   of this amendatory Act of the 92nd
31        General Assembly, or
32             (4)  presently  institutionalized  as   a   sexually
33        dangerous  person  or  presently  institutionalized  as a
34        person found guilty but mentally ill of a sexual  offense
 
                            -52-     LRB093 08615 WGH 16431 a
 1        or attempt to commit a sexual offense; or
 2             (4.5)  ordered   committed  as  a  sexually  violent
 3        person on or after the effective  date  of  the  Sexually
 4        Violent Persons Commitment Act; or
 5             (5)  seeking  transfer  to  or residency in Illinois
 6        under Sections 3-3-11.05 through 3-3-11.5 of the  Unified
 7        Code  of Corrections and the Interstate Compact for Adult
 8        Offender Supervision  or  the  Interstate  Agreements  on
 9        Sexually Dangerous Persons Act.
10        Notwithstanding  other  provisions  of  this Section, any
11    person incarcerated in a facility of the Illinois  Department
12    of Corrections on or after August 22, 2002 the effective date
13    of  this amendatory Act of the 92nd General Assembly shall be
14    required to submit a specimen of  blood,  saliva,  or  tissue
15    prior to his or her release on parole or mandatory supervised
16    release,  as  a  condition  of his or her parole or mandatory
17    supervised release.
18        (a-5)  Any person  who  was  otherwise  convicted  of  or
19    received  a  disposition  of  court supervision for any other
20    offense under the Criminal Code of  1961  or  who  was  found
21    guilty  or  given  supervision for such a violation under the
22    Juvenile Court Act of 1987, may, regardless of  the  sentence
23    imposed,  be  required  by  an  order  of the court to submit
24    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
25    Department of State Police in accordance with the  provisions
26    of this Section.
27        (b)  Any  person required by paragraphs (a)(1), (a)(1.5),
28    (a)(2), (a)(3.5), and (a-5) to provide  specimens  of  blood,
29    saliva,  or  tissue shall provide specimens of blood, saliva,
30    or tissue within 45 days after sentencing or disposition at a
31    collection site designated  by  the  Illinois  Department  of
32    State Police.
33        (c)  Any  person  required  by paragraphs (a)(3), (a)(4),
34    and (a)(4.5) to provide specimens of blood, saliva, or tissue
 
                            -53-     LRB093 08615 WGH 16431 a
 1    shall be required to provide  such  samples  prior  to  final
 2    discharge, parole, or release at a collection site designated
 3    by the Illinois Department of State Police.
 4        (c-5)  Any person required by paragraph (a)(5) to provide
 5    specimens  of blood, saliva, or tissue shall, where feasible,
 6    be required to provide the specimens  before  being  accepted
 7    for  conditioned  residency  in Illinois under the interstate
 8    compact or agreement, but no later than 45 days after arrival
 9    in this State.
10        (c-6)  The  Illinois  Department  of  State  Police   may
11    determine which type of specimen or specimens, blood, saliva,
12    or  tissue,  is  acceptable for submission to the Division of
13    Forensic Services for analysis.
14        (d)  The  Illinois  Department  of  State  Police   shall
15    provide  all  equipment  and  instructions  necessary for the
16    collection of blood samples.  The collection of samples shall
17    be  performed  in  a  medically  approved  manner.   Only   a
18    physician authorized to practice medicine, a registered nurse
19    or   other  qualified  person  trained  in  venipuncture  may
20    withdraw blood for the purposes of  this  Act.   The  samples
21    shall  thereafter  be forwarded to the Illinois Department of
22    State Police, Division of Forensic Services, for analysis and
23    categorizing into genetic marker groupings.
24        (d-1)  The Illinois  Department  of  State  Police  shall
25    provide  all  equipment  and  instructions  necessary for the
26    collection of  saliva  samples.   The  collection  of  saliva
27    samples  shall  be  performed in a medically approved manner.
28    Only a person trained in the instructions promulgated by  the
29    Illinois State Police on collecting saliva may collect saliva
30    for   the  purposes  of  this  Section.   The  samples  shall
31    thereafter be forwarded to the Illinois Department  of  State
32    Police,  Division  of  Forensic  Services,  for  analysis and
33    categorizing into genetic marker groupings.
34        (d-2)  The Illinois  Department  of  State  Police  shall
 
                            -54-     LRB093 08615 WGH 16431 a
 1    provide  all  equipment  and  instructions  necessary for the
 2    collection of  tissue  samples.   The  collection  of  tissue
 3    samples  shall  be  performed in a medically approved manner.
 4    Only a person trained in the instructions promulgated by  the
 5    Illinois State Police on collecting tissue may collect tissue
 6    for   the  purposes  of  this  Section.   The  samples  shall
 7    thereafter be forwarded to the Illinois Department  of  State
 8    Police,  Division  of  Forensic  Services,  for  analysis and
 9    categorizing into genetic marker groupings.
10        (d-5)  To  the  extent  that  funds  are  available,  the
11    Illinois Department  of  State  Police  shall  contract  with
12    qualified   personnel  and  certified  laboratories  for  the
13    collection, analysis, and categorization of known samples.
14        (e)  The genetic marker groupings shall be maintained  by
15    the Illinois Department of State Police, Division of Forensic
16    Services.
17        (f)  The  genetic  marker  grouping  analysis information
18    obtained pursuant to this Act shall be confidential and shall
19    be released only to peace officers of the United  States,  of
20    other  states  or  territories, of the insular possessions of
21    the United States, of foreign countries  duly  authorized  to
22    receive  the  same,  to  all  peace  officers of the State of
23    Illinois and to all prosecutorial agencies,  and  to  defense
24    counsel  as provided by Section 116-5 of the Code of Criminal
25    Procedure of 1963.   The  genetic  marker  grouping  analysis
26    information  obtained pursuant to this Act shall be used only
27    for (i) valid law enforcement identification purposes and  as
28    required   by   the   Federal  Bureau  of  Investigation  for
29    participation in the National DNA database or (ii) technology
30    validation purposes or (iii) assisting in the defense of  the
31    criminally  accused  pursuant to Section 116-5 of the Code of
32    Criminal  Procedure  of  1963.   Notwithstanding  any   other
33    statutory provision to the contrary, all information obtained
34    under this Section shall be maintained in a single State data
 
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 1    base,  which  may  be  uploaded into a national database, and
 2    which information may be subject to expungement only  as  set
 3    forth in subsection (f-1).
 4        (f-1)  Upon  receipt  of  notification of a reversal of a
 5    conviction based on actual innocence, or of the granting of a
 6    pardon pursuant to Section 12 of Article V  of  the  Illinois
 7    Constitution,  if  that  pardon  document specifically states
 8    that the reason for the pardon is the actual innocence of  an
 9    individual  whose  DNA record has been stored in the State or
10    national DNA identification index  in  accordance  with  this
11    Section  by  the Illinois Department of State Police, the DNA
12    record shall be expunged from the DNA  identification  index,
13    and  the  Department  shall  by  rule prescribe procedures to
14    ensure that the record and any samples,  analyses,  or  other
15    documents  relating to such record, whether in the possession
16    of the Department or any law enforcement or police agency, or
17    any forensic DNA  laboratory,  including  any  duplicates  or
18    copies  thereof,  are  destroyed  and a letter is sent to the
19    court verifying the expungement is completed.
20        (f-5)  Any person who intentionally uses  genetic  marker
21    grouping  analysis  information,  or  any  other  information
22    derived  from  a  DNA  sample,  beyond the authorized uses as
23    provided under this Section, or any other  Illinois  law,  is
24    guilty of a Class 4 felony, and shall be subject to a fine of
25    not less than $5,000.
26        (g)  For   the  purposes  of  this  Section,  "qualifying
27    offense" means any of the following:
28             (1)  any violation or inchoate violation of  Section
29        11-6,  11-9.1,  11-11,  11-18.1,  12-15,  or 12-16 of the
30        Criminal Code of 1961;, or
31             (1.1)  any  violation  or  inchoate   violation   of
32        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
33        18-3,  18-4,  19-1,  or 19-2 of the Criminal Code of 1961
34        for which persons are  convicted  on  or  after  July  1,
 
                            -56-     LRB093 08615 WGH 16431 a
 1        2001;, or
 2             (2)  any  former statute of this State which defined
 3        a felony sexual offense;, or
 4             (3)  (blank);, or
 5             (4)  any  inchoate  violation  of   Section   9-3.1,
 6        11-9.3,  12-7.3, or 12-7.4 of the Criminal Code of 1961;,
 7        or
 8             (5)  any violation or inchoate violation of  Article
 9        29D of the Criminal Code of 1961.
10        (g-5)  (Blank).
11        (h)  The Illinois Department of State Police shall be the
12    State  central  repository  for  all  genetic marker grouping
13    analysis information obtained  pursuant  to  this  Act.   The
14    Illinois  Department of State Police may promulgate rules for
15    the form and manner of the collection of  blood,  saliva,  or
16    tissue samples and other procedures for the operation of this
17    Act.   The  provisions of the Administrative Review Law shall
18    apply to all actions taken under the rules so promulgated.
19        (i)  A person required to provide  a  blood,  saliva,  or
20    tissue  specimen  shall  cooperate with the collection of the
21    specimen and any deliberate act by that  person  intended  to
22    impede, delay or stop the collection of the blood, saliva, or
23    tissue specimen is a Class A misdemeanor.
24        (j)  Any  person  required  by  subsection  (a) to submit
25    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
26    Department of State Police for  analysis  and  categorization
27    into  genetic  marker  grouping,  in  addition  to  any other
28    disposition, penalty, or fine imposed, shall pay an  analysis
29    fee  of $200.  If the analysis fee is not paid at the time of
30    sentencing, the court shall establish a fee schedule by which
31    the entire amount of the analysis fee shall be paid in  full,
32    such  schedule  not  to  exceed  24  months  from the time of
33    conviction.  The inability to pay this analysis fee shall not
34    be the sole ground to incarcerate the person.
 
                            -57-     LRB093 08615 WGH 16431 a
 1        (k)  All analysis and categorization fees provided for by
 2    subsection (j) shall be regulated as follows:
 3             (1)  The State Offender  DNA  Identification  System
 4        Fund  is  hereby  created  as a special fund in the State
 5        Treasury.
 6             (2)  All fees shall be collected by the clerk of the
 7        court  and  forwarded   to   the   State   Offender   DNA
 8        Identification System Fund for deposit.  The clerk of the
 9        circuit  court  may  retain  the  amount of $10 from each
10        collected analysis fee  to  offset  administrative  costs
11        incurred  in  carrying  out  the clerk's responsibilities
12        under this Section.
13             (3)  Fees deposited  into  the  State  Offender  DNA
14        Identification  System  Fund  shall  be  used by Illinois
15        State Police crime  laboratories  as  designated  by  the
16        Director  of  State  Police.   These  funds  shall  be in
17        addition to any allocations  made  pursuant  to  existing
18        laws  and  shall  be  designated for the exclusive use of
19        State crime laboratories.  These uses  may  include,  but
20        are not limited to, the following:
21                  (A)  Costs  incurred  in providing analysis and
22             genetic  marker  categorization   as   required   by
23             subsection (d).
24                  (B)  Costs   incurred  in  maintaining  genetic
25             marker groupings as required by subsection (e).
26                  (C)  Costs  incurred  in   the   purchase   and
27             maintenance  of  equipment  for  use  in  performing
28             analyses.
29                  (D)  Costs  incurred in continuing research and
30             development  of  new  techniques  for  analysis  and
31             genetic marker categorization.
32                  (E)  Costs incurred  in  continuing  education,
33             training,  and  professional development of forensic
34             scientists regularly employed by these laboratories.
 
                            -58-     LRB093 08615 WGH 16431 a
 1        (l)  The failure of a person to provide a specimen, or of
 2    any person or agency to collect a specimen, within the 45 day
 3    period shall in no way alter the obligation of the person  to
 4    submit  such  specimen,  or  the  authority  of  the Illinois
 5    Department of State  Police  or  persons  designated  by  the
 6    Department  to  collect the specimen, or the authority of the
 7    Illinois Department of State Police to  accept,  analyze  and
 8    maintain  the  specimen  or  to maintain or upload results of
 9    genetic marker grouping analysis information into a State  or
10    national database.
11    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
12    92-40,  eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600, eff.
13    6-28-02; 92-829, eff. 8-22-02; 92-854, eff. 12-5-02;  revised
14    1-20-03.)

15        Section  90.  The  State Finance Act is amended by adding
16    Section 5.595 as follows:

17        (30 ILCS 105/5.595 new)
18        Sec.  5.595.  The  Illinois  Law   Enforcement   Training
19    Standards Board Costs and Attorney Fees Fund.

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

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