093_SB0472enr

 
SB472 Enrolled                       LRB093 08615 RLC 08843 b

 1        AN ACT in relation to criminal law.

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

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

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

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

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

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

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

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

28        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
29        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
30    Exceptions - Separate Hearings - Proof - Findings - Appellate
31    procedures - Reversals.
32        (a)  A  person  who  kills  an  individual without lawful
 
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 1    justification commits first degree murder if,  in  performing
 2    the acts which cause the death:
 3             (1)  he  either  intends  to kill or do great bodily
 4        harm to that individual or another, or  knows  that  such
 5        acts will cause death to that individual or another; or
 6             (2)  he   knows  that  such  acts  create  a  strong
 7        probability  of  death  or  great  bodily  harm  to  that
 8        individual or another; or
 9             (3)  he  is  attempting  or  committing  a  forcible
10        felony other than second degree murder.
11        (b)  Aggravating Factors.  A defendant who at the time of
12    the commission of the offense has attained the age of  18  or
13    more and who has been found guilty of first degree murder may
14    be sentenced to death if:
15             (1)  the  murdered individual was a peace officer or
16        fireman killed in the course of performing  his  official
17        duties,  to  prevent  the  performance  of  his  official
18        duties,  or  in  retaliation  for performing his official
19        duties, and the defendant knew or should have known  that
20        the  murdered  individual was a peace officer or fireman;
21        or
22             (2)  the murdered individual was an employee  of  an
23        institution or facility of the Department of Corrections,
24        or  any  similar local correctional agency, killed in the
25        course of performing his official duties, to prevent  the
26        performance of his official duties, or in retaliation for
27        performing   his   official   duties,   or  the  murdered
28        individual was an inmate at such institution or  facility
29        and  was  killed  on the grounds thereof, or the murdered
30        individual was otherwise present in such  institution  or
31        facility  with  the  knowledge  and approval of the chief
32        administrative officer thereof; or
33             (3)  the defendant has been convicted  of  murdering
34        two  or  more  individuals  under  subsection (a) of this
 
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 1        Section or under any law of the United States or  of  any
 2        state which is substantially similar to subsection (a) of
 3        this  Section  regardless  of whether the deaths occurred
 4        as the result of the same act or of  several  related  or
 5        unrelated  acts  so long as the deaths were the result of
 6        either an intent to kill  more  than  one  person  or  of
 7        separate  acts which the defendant knew would cause death
 8        or create a strong probability of death or  great  bodily
 9        harm to the murdered individual or another; or
10             (4)  the  murdered individual was killed as a result
11        of the hijacking of an  airplane,  train,  ship,  bus  or
12        other public conveyance; or
13             (5)  the  defendant committed the murder pursuant to
14        a contract, agreement or understanding by which he was to
15        receive  money  or  anything  of  value  in  return   for
16        committing  the  murder or procured another to commit the
17        murder for money or anything of value; or
18             (6)  the  murdered  individual  was  killed  in  the
19        course of another felony if:
20                  (a)  the murdered individual:
21                       (i)  was actually killed by the defendant,
22                  or
23                       (ii)  received      physical      injuries
24                  personally   inflicted   by    the    defendant
25                  substantially  contemporaneously  with physical
26                  injuries caused by  one  or  more  persons  for
27                  whose   conduct   the   defendant   is  legally
28                  accountable under Section 5-2 of this Code, and
29                  the physical injuries inflicted by  either  the
30                  defendant  or  the  other person or persons for
31                  whose conduct he is legally accountable  caused
32                  the death of the murdered individual; and
33                  (b)  in  performing  the  acts which caused the
34             death of the murdered individual or  which  resulted
 
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 1             in  physical  injuries  personally  inflicted by the
 2             defendant  on  the  murdered  individual  under  the
 3             circumstances of subdivision  (ii)  of  subparagraph
 4             (a)  of  paragraph  (6)  of  subsection  (b) of this
 5             Section, the defendant acted with the intent to kill
 6             the murdered individual or with the  knowledge  that
 7             his  acts  created  a strong probability of death or
 8             great bodily harm  to  the  murdered  individual  or
 9             another; and
10                  (c)  the other felony was an inherently violent
11             crime  one  of  the  following: armed robbery, armed
12             violence, robbery, predatory criminal sexual assault
13             of a  child,  aggravated  criminal  sexual  assault,
14             aggravated    kidnapping,    aggravated    vehicular
15             hijacking,  forcible  detention,  arson,  aggravated
16             arson,  aggravated  stalking,  burglary, residential
17             burglary, home invasion,  calculated  criminal  drug
18             conspiracy as defined in Section 405 of the Illinois
19             Controlled  Substances Act, streetgang criminal drug
20             conspiracy  as  defined  in  Section  405.2  of  the
21             Illinois Controlled Substances Act, or  the  attempt
22             to  commit  an  inherently  violent  crime.  In this
23             subparagraph   (c),   "inherently   violent   crime"
24             includes, but is  not  limited  to,  armed  robbery,
25             robbery,  predatory  criminal  sexual  assault  of a
26             child,   aggravated   criminal    sexual    assault,
27             aggravated    kidnapping,    aggravated    vehicular
28             hijacking,  aggravated  arson,  aggravated stalking,
29             residential burglary, and home invasion any  of  the
30             felonies listed in this subsection (c); or
31             (7)  the  murdered  individual was under 12 years of
32        age and the death resulted from exceptionally  brutal  or
33        heinous behavior indicative of wanton cruelty; or
34             (8)  the  defendant committed the murder with intent
 
SB472 Enrolled             -15-      LRB093 08615 RLC 08843 b
 1        to prevent the murdered  individual  from  testifying  or
 2        participating    in   any   criminal   investigation   or
 3        prosecution or giving material assistance to the State in
 4        any investigation  or  prosecution,  either  against  the
 5        defendant  or  another;  or  the  defendant committed the
 6        murder because the murdered individual was a  witness  in
 7        any  prosecution or gave material assistance to the State
 8        in any investigation or prosecution, either  against  the
 9        defendant or another; for purposes of this paragraph (8),
10        "participating   in   any   criminal   investigation   or
11        prosecution"  is  intended  to include those appearing in
12        the proceedings in any capacity  such  as  trial  judges,
13        prosecutors, defense attorneys, investigators, witnesses,
14        or jurors; or
15             (9)  the  defendant,  while  committing  an  offense
16        punishable  under Sections 401, 401.1, 401.2, 405, 405.2,
17        407 or 407.1 or subsection (b)  of  Section  404  of  the
18        Illinois Controlled Substances Act, or while engaged in a
19        conspiracy   or  solicitation  to  commit  such  offense,
20        intentionally  killed   an   individual   or   counseled,
21        commanded,  induced,  procured  or caused the intentional
22        killing of the murdered individual; or
23             (10)  the   defendant   was   incarcerated   in   an
24        institution or facility of the Department of  Corrections
25        at  the  time  of  the  murder,  and  while committing an
26        offense punishable as a felony  under  Illinois  law,  or
27        while  engaged  in a conspiracy or solicitation to commit
28        such  offense,  intentionally  killed  an  individual  or
29        counseled, commanded, induced,  procured  or  caused  the
30        intentional killing of the murdered individual; or
31             (11)  the murder was committed in a cold, calculated
32        and  premeditated manner pursuant to a preconceived plan,
33        scheme or design to take a human life by unlawful  means,
34        and  the  conduct  of  the defendant created a reasonable
 
SB472 Enrolled             -16-      LRB093 08615 RLC 08843 b
 1        expectation that the death of a human being would  result
 2        therefrom; or
 3             (12)  the   murdered  individual  was  an  emergency
 4        medical  technician  -   ambulance,   emergency   medical
 5        technician - intermediate, emergency medical technician -
 6        paramedic,  ambulance driver, or other medical assistance
 7        or first aid personnel, employed  by  a  municipality  or
 8        other   governmental   unit,  killed  in  the  course  of
 9        performing  his   official   duties,   to   prevent   the
10        performance of his official duties, or in retaliation for
11        performing his official duties, and the defendant knew or
12        should  have  known  that  the murdered individual was an
13        emergency  medical  technician  -  ambulance,   emergency
14        medical  technician  -  intermediate,  emergency  medical
15        technician   -  paramedic,  ambulance  driver,  or  other
16        medical assistance or first aid personnel; or
17             (13)  the defendant was a  principal  administrator,
18        organizer,  or  leader  of  a  calculated  criminal  drug
19        conspiracy  consisting  of  a  hierarchical  position  of
20        authority  superior  to  that of all other members of the
21        conspiracy,  and  the  defendant  counseled,   commanded,
22        induced,  procured,  or caused the intentional killing of
23        the murdered person; or
24             (14)  the murder was intentional  and  involved  the
25        infliction  of  torture.  For the purpose of this Section
26        torture means the infliction of or subjection to  extreme
27        physical  pain,  motivated  by  an  intent to increase or
28        prolong the pain, suffering or agony of the victim; or
29             (15)  the murder was committed as a  result  of  the
30        intentional  discharge of a firearm by the defendant from
31        a motor vehicle and the victim was not present within the
32        motor vehicle; or
33             (16)  the murdered individual was 60 years of age or
34        older and the death resulted from exceptionally brutal or
 
SB472 Enrolled             -17-      LRB093 08615 RLC 08843 b
 1        heinous behavior indicative of wanton cruelty; or
 2             (17)  the murdered individual was a disabled  person
 3        and  the  defendant  knew  or  should have known that the
 4        murdered individual was disabled.  For purposes  of  this
 5        paragraph  (17),  "disabled  person"  means  a person who
 6        suffers from a permanent physical  or  mental  impairment
 7        resulting from disease, an injury, a functional disorder,
 8        or   a  congenital  condition  that  renders  the  person
 9        incapable of adequately providing  for  his  or  her  own
10        health or personal care; or
11             (18)  the  murder  was  committed  by  reason of any
12        person's activity as a community policing volunteer or to
13        prevent  any  person  from  engaging  in  activity  as  a
14        community policing volunteer; or
15             (19)  the murdered  individual  was  subject  to  an
16        order  of  protection  and  the murder was committed by a
17        person against whom the  same  order  of  protection  was
18        issued  under the Illinois Domestic Violence Act of 1986;
19        or
20             (20)  the  murdered  individual  was  known  by  the
21        defendant to be a teacher or other person employed in any
22        school and the teacher or  other  employee  is  upon  the
23        grounds  of  a school or grounds adjacent to a school, or
24        is in any part of a building used for school purposes; or
25             (21)  the murder was committed by the  defendant  in
26        connection  with  or  as  a  result  of  the  offense  of
27        terrorism as defined in Section 29D-30 of this Code.
28          (c)  Consideration   of   factors  in  Aggravation  and
29    Mitigation.
30        The court shall consider, or shall instruct the  jury  to
31    consider any aggravating and any mitigating factors which are
32    relevant to the imposition of the death penalty.  Aggravating
33    factors  may include but need not be limited to those factors
34    set forth in subsection (b). Mitigating factors  may  include
 
SB472 Enrolled             -18-      LRB093 08615 RLC 08843 b
 1    but need not be limited to the following:
 2             (1)  the  defendant  has  no  significant history of
 3        prior criminal activity;
 4             (2)  the murder was committed  while  the  defendant
 5        was  under  the  influence of extreme mental or emotional
 6        disturbance, although not such as to constitute a defense
 7        to prosecution;
 8             (3)  the murdered individual was  a  participant  in
 9        the  defendant's  homicidal  conduct  or consented to the
10        homicidal act;
11             (4)  the defendant acted  under  the  compulsion  of
12        threat  or  menace of the imminent infliction of death or
13        great bodily harm;
14             (5)  the defendant was not personally present during
15        commission of the act or acts causing death;.
16             (6)  the defendant's background includes  a  history
17        of extreme emotional or physical abuse;
18             (7)  the  defendant  suffers  from  a reduced mental
19        capacity.
20        (d)  Separate sentencing hearing.
21        Where requested by the State, the court shall  conduct  a
22    separate  sentencing proceeding to determine the existence of
23    factors set forth in  subsection  (b)  and  to  consider  any
24    aggravating  or mitigating factors as indicated in subsection
25    (c).  The proceeding shall be conducted:
26             (1)  before the jury that determined the defendant's
27        guilt; or
28             (2)  before a jury impanelled for the purpose of the
29        proceeding if:
30                  A.  the defendant was convicted upon a plea  of
31             guilty; or
32                  B.  the  defendant  was convicted after a trial
33             before the court sitting without a jury; or
34                  C.  the court for good cause  shown  discharges
 
SB472 Enrolled             -19-      LRB093 08615 RLC 08843 b
 1             the jury that determined the defendant's guilt; or
 2             (3)  before  the court alone if the defendant waives
 3        a jury for the separate proceeding.
 4        (e)  Evidence and Argument.
 5        During the proceeding any information relevant to any  of
 6    the  factors  set forth in subsection (b) may be presented by
 7    either the State or the defendant under the  rules  governing
 8    the   admission   of   evidence   at  criminal  trials.   Any
 9    information relevant to any additional aggravating factors or
10    any mitigating factors indicated in  subsection  (c)  may  be
11    presented  by  the  State  or  defendant  regardless  of  its
12    admissibility  under  the  rules  governing  the admission of
13    evidence at criminal trials.  The  State  and  the  defendant
14    shall  be  given  fair  opportunity  to rebut any information
15    received at the hearing.
16        (f)  Proof.
17        The burden of proof of establishing the existence of  any
18    of  the  factors  set forth in subsection (b) is on the State
19    and shall  not  be  satisfied  unless  established  beyond  a
20    reasonable doubt.
21        (g)  Procedure - Jury.
22        If  at  the separate sentencing proceeding the jury finds
23    that none of the factors set forth in subsection (b)  exists,
24    the   court  shall  sentence  the  defendant  to  a  term  of
25    imprisonment  under  Chapter  V  of  the  Unified   Code   of
26    Corrections.   If  there  is  a unanimous finding by the jury
27    that one or more of the factors set forth in  subsection  (b)
28    exist,  the  jury  shall  consider aggravating and mitigating
29    factors as  instructed  by  the  court  and  shall  determine
30    whether  the sentence of death shall be imposed.  If the jury
31    determines  unanimously,  after  weighing  the   factors   in
32    aggravation  and  mitigation,  that  death is the appropriate
33    sentence that there are no mitigating factors  sufficient  to
34    preclude  the  imposition  of  the  death sentence, the court
 
SB472 Enrolled             -20-      LRB093 08615 RLC 08843 b
 1    shall sentence the defendant to death.  If the court does not
 2    concur  with  the  jury  determination  that  death  is   the
 3    appropriate  sentence,  the  court shall set forth reasons in
 4    writing including  what  facts  or  circumstances  the  court
 5    relied   upon,   along  with  any  relevant  documents,  that
 6    compelled the court to non-concur  with  the  sentence.  This
 7    document  and any attachments shall be part of the record for
 8    appellate review. The court shall  be  bound  by  the  jury's
 9    sentencing determination.
10        If   after   weighing  the  factors  in  aggravation  and
11    mitigation, one or more jurors determines that death  is  not
12    the  appropriate  sentence, Unless the jury unanimously finds
13    that there are no mitigating factors sufficient  to  preclude
14    the imposition of the death sentence the court shall sentence
15    the  defendant  to  a term of imprisonment under Chapter V of
16    the Unified Code of Corrections.
17        (h)  Procedure - No Jury.
18        In a proceeding before the  court  alone,  if  the  court
19    finds  that  none  of  the  factors  found  in subsection (b)
20    exists, the court shall sentence the defendant to a  term  of
21    imprisonment   under  Chapter  V  of   the  Unified  Code  of
22    Corrections.
23        If the Court determines that one or more of  the  factors
24    set  forth in subsection (b) exists, the Court shall consider
25    any  aggravating  and  mitigating  factors  as  indicated  in
26    subsection (c).  If the Court determines, after weighing  the
27    factors  in  aggravation  and  mitigation,  that death is the
28    appropriate sentence that there  are  no  mitigating  factors
29    sufficient  to preclude the imposition of the death sentence,
30    the Court shall sentence the defendant to death.
31        If Unless the court finds that there  are  no  mitigating
32    factors sufficient to preclude the imposition of the sentence
33    of  death  is  not  the appropriate sentence, the court shall
34    sentence the  defendant  to  a  term  of  imprisonment  under
 
SB472 Enrolled             -21-      LRB093 08615 RLC 08843 b
 1    Chapter V of the Unified Code of Corrections.
 2        (h-5)  Decertification as a capital case.
 3        In a case in which the defendant has been found guilty of
 4    first  degree  murder by a judge or jury, or a case on remand
 5    for resentencing, and the State seeks the death penalty as an
 6    appropriate sentence,  on  the  court's  own  motion  or  the
 7    written  motion of the defendant, the court may decertify the
 8    case as a death penalty case if the court finds that the only
 9    evidence  supporting  the  defendant's  conviction   is   the
10    uncorroborated  testimony of an informant witness, as defined
11    in Section 115-21 of the Code of Criminal Procedure of  1963,
12    concerning  the  confession  or admission of the defendant or
13    that the sole evidence against  the  defendant  is  a  single
14    eyewitness   or   single   accomplice   without   any   other
15    corroborating  evidence. If the court decertifies the case as
16    a capital case under either of the grounds set  forth  above,
17    the  court  shall  issue  a  written  finding.  The State may
18    pursue its right to appeal the  decertification  pursuant  to
19    Supreme   Court  Rule  604(a)(1).   If  the  court  does  not
20    decertify the case  as  a  capital  case,  the  matter  shall
21    proceed to the eligibility phase of the sentencing hearing.
22        (i)  Appellate Procedure.
23        The  conviction and sentence of death shall be subject to
24    automatic review by the Supreme Court.  Such review shall  be
25    in  accordance  with  rules promulgated by the Supreme Court.
26    The Illinois Supreme Court may overturn the  death  sentence,
27    and  order  the imposition of imprisonment under Chapter V of
28    the Unified Code of Corrections if the court finds  that  the
29    death  sentence  is  fundamentally  unjust  as applied to the
30    particular case. If the Illinois Supreme Court finds that the
31    death sentence is fundamentally  unjust  as  applied  to  the
32    particular  case,  independent  of any procedural grounds for
33    relief, the Illinois Supreme  Court  shall  issue  a  written
34    opinion explaining this finding.
 
SB472 Enrolled             -22-      LRB093 08615 RLC 08843 b
 1        (j)  Disposition of reversed death sentence.
 2        In  the  event that the death penalty in this Act is held
 3    to be unconstitutional by the Supreme  Court  of  the  United
 4    States  or  of the State of Illinois, any person convicted of
 5    first degree murder shall be sentenced by the court to a term
 6    of imprisonment under  Chapter  V  of  the  Unified  Code  of
 7    Corrections.
 8        In  the  event  that  any  death sentence pursuant to the
 9    sentencing   provisions   of   this   Section   is   declared
10    unconstitutional by the Supreme Court of the United States or
11    of the State of Illinois, the court having jurisdiction  over
12    a  person  previously  sentenced  to  death  shall  cause the
13    defendant to be brought before the court, and the court shall
14    sentence the  defendant  to  a  term  of  imprisonment  under
15    Chapter V of the Unified Code of Corrections.
16        (k)  Guidelines for seeking the death penalty.
17        The Attorney General and  State's  Attorneys  Association
18    shall   consult   on   voluntary  guidelines  for  procedures
19    governing whether or not to  seek  the  death  penalty.   The
20    guidelines do not have the force of law and are only advisory
21    in nature.
22    (Source: P.A.  91-357,  eff.  7-29-99;  91-434,  eff. 1-1-00;
23    92-854, eff. 12-5-02.)

24        (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
25        Sec. 14-3.  Exemptions.  The following  activities  shall
26    be exempt from the provisions of this Article:
27        (a)  Listening   to   radio,   wireless   and  television
28    communications of any sort where the same are publicly made;
29        (b)  Hearing conversation when heard by employees of  any
30    common  carrier  by  wire  incidental to the normal course of
31    their employment in the operation, maintenance or  repair  of
32    the  equipment  of  such common carrier by wire so long as no
33    information obtained thereby  is  used  or  divulged  by  the
 
SB472 Enrolled             -23-      LRB093 08615 RLC 08843 b
 1    hearer;
 2        (c)  Any  broadcast  by  radio,  television  or otherwise
 3    whether it be a broadcast or  recorded  for  the  purpose  of
 4    later  broadcasts  of  any  function  where  the public is in
 5    attendance and the conversations are overheard incidental  to
 6    the  main  purpose  for  which such broadcasts are then being
 7    made;
 8        (d)  Recording or listening with the aid of any device to
 9    any emergency communication made  in  the  normal  course  of
10    operations  by  any  federal,  state or local law enforcement
11    agency  or  institutions  dealing  in   emergency   services,
12    including,  but not limited to, hospitals, clinics, ambulance
13    services,  fire  fighting  agencies,  any   public   utility,
14    emergency  repair facility, civilian defense establishment or
15    military installation;
16        (e)  Recording the proceedings of any meeting required to
17    be open by the Open Meetings Act, as amended;
18        (f)  Recording or listening with the aid of any device to
19    incoming telephone calls of phone lines  publicly  listed  or
20    advertised   as   consumer  "hotlines"  by  manufacturers  or
21    retailers of food and drug products.  Such recordings must be
22    destroyed, erased or turned over  to  local  law  enforcement
23    authorities  within  24 hours from the time of such recording
24    and shall not be otherwise disseminated.  Failure on the part
25    of the individual or business operating any such recording or
26    listening device to comply  with  the  requirements  of  this
27    subsection  shall  eliminate  any  civil or criminal immunity
28    conferred upon that individual or business by  the  operation
29    of this Section;
30        (g)  With  prior  notification to the State's Attorney of
31    the county in which it is to occur,  recording  or  listening
32    with  the  aid  of any device to any conversation where a law
33    enforcement officer, or any person acting at the direction of
34    law enforcement, is a  party  to  the  conversation  and  has
 
SB472 Enrolled             -24-      LRB093 08615 RLC 08843 b
 1    consented   to   it   being  intercepted  or  recorded  under
 2    circumstances where the use of the device  is  necessary  for
 3    the  protection  of the law enforcement officer or any person
 4    acting at the direction of law enforcement, in the course  of
 5    an  investigation of a forcible felony, a felony violation of
 6    the Illinois Controlled Substances Act, a felony violation of
 7    the Cannabis Control Act,  or  any  "streetgang  related"  or
 8    "gang-related"  felony  as  those  terms  are  defined in the
 9    Illinois Streetgang Terrorism  Omnibus  Prevention  Act.  Any
10    recording or evidence derived as the result of this exemption
11    shall  be  inadmissible in any proceeding, criminal, civil or
12    administrative, except (i) where a party to the  conversation
13    suffers   great  bodily  injury  or  is  killed  during  such
14    conversation, or (ii) when used as direct  impeachment  of  a
15    witness  concerning  matters contained in the interception or
16    recording.  The Director of the Department  of  State  Police
17    shall  issue  regulations as are necessary concerning the use
18    of  devices,  retention  of  tape  recordings,  and   reports
19    regarding their use;
20        (g-5)  With  approval  of  the  State's  Attorney  of the
21    county in which it is to occur, recording or  listening  with
22    the  aid  of  any  device  to  any  conversation  where a law
23    enforcement officer, or any person acting at the direction of
24    law enforcement, is a  party  to  the  conversation  and  has
25    consented  to  it being intercepted or recorded in the course
26    of an investigation of any offense defined in Article 29D  of
27    this  Code.  In  all  such cases, an application for an order
28    approving the previous or continuing use of an  eavesdropping
29    device  must  be  made within 48 hours of the commencement of
30    such use.  In the absence of  such  an  order,  or  upon  its
31    denial,  any  continuing use shall immediately terminate. The
32    Director of State Police shall issue rules as  are  necessary
33    concerning  the use of devices, retention of tape recordings,
34    and reports regarding their use.
 
SB472 Enrolled             -25-      LRB093 08615 RLC 08843 b
 1        Any recording or evidence  obtained  or  derived  in  the
 2    course  of an investigation of any offense defined in Article
 3    29D of this Code shall, upon motion of the  State's  Attorney
 4    or Attorney General prosecuting any violation of Article 29D,
 5    be  reviewed  in camera with notice to all parties present by
 6    the court presiding over the criminal case, and, if ruled  by
 7    the  court  to be relevant and otherwise admissible, it shall
 8    be admissible at the trial of the criminal case.
 9        This subsection (g-5) is inoperative on and after January
10    1, 2005. No conversations recorded or monitored  pursuant  to
11    this subsection (g-5) shall be inadmissable in a court of law
12    by  virtue  of the repeal of this subsection (g-5) on January
13    1, 2005;.
14        (h)  Recordings  made   simultaneously   with   a   video
15    recording  of  an  oral conversation between a peace officer,
16    who has identified his or her office, and  a  person  stopped
17    for an investigation of an offense under the Illinois Vehicle
18    Code;
19        (i)  Recording  of  a  conversation  made  by  or  at the
20    request of a person, not a law enforcement officer  or  agent
21    of  a  law  enforcement  officer,  who  is  a  party  to  the
22    conversation,  under  reasonable suspicion that another party
23    to the conversation is committing, is about to commit, or has
24    committed a criminal offense against the person or  a  member
25    of  his  or  her  immediate household, and there is reason to
26    believe that evidence of the criminal offense may be obtained
27    by the recording; and
28        (j)  The use of a telephone monitoring device  by  either
29    (1)  a  corporation  or  other  business  entity  engaged  in
30    marketing  or  opinion research or (2) a corporation or other
31    business entity engaged in telephone solicitation, as defined
32    in this subsection, to record or  listen  to  oral  telephone
33    solicitation  conversations  or marketing or opinion research
34    conversations by an employee  of  the  corporation  or  other
 
SB472 Enrolled             -26-      LRB093 08615 RLC 08843 b
 1    business entity when:
 2             (i)  the  monitoring  is  used  for  the  purpose of
 3        service quality control of marketing or opinion  research
 4        or  telephone  solicitation, the education or training of
 5        employees or contractors engaged in marketing or  opinion
 6        research  or telephone solicitation, or internal research
 7        related to marketing or  opinion  research  or  telephone
 8        solicitation; and
 9             (ii)  the  monitoring is used with the consent of at
10        least one person who is an active party to the  marketing
11        or    opinion    research   conversation   or   telephone
12        solicitation conversation being monitored.
13        No communication or conversation or any part, portion, or
14    aspect of the communication or conversation  made,  acquired,
15    or  obtained,  directly  or  indirectly, under this exemption
16    (j), may be, directly or indirectly,  furnished  to  any  law
17    enforcement  officer,  agency, or official for any purpose or
18    used in any inquiry or investigation, or  used,  directly  or
19    indirectly,   in   any  administrative,  judicial,  or  other
20    proceeding, or divulged to any third party.
21        When recording or listening authorized by this subsection
22    (j) on telephone lines used for marketing or opinion research
23    or telephone solicitation purposes results  in  recording  or
24    listening to a conversation that does not relate to marketing
25    or  opinion  research  or  telephone solicitation; the person
26    recording or listening shall,  immediately  upon  determining
27    that the conversation does not relate to marketing or opinion
28    research  or  telephone solicitation, terminate the recording
29    or listening and destroy any such recording  as  soon  as  is
30    practicable.
31        Business  entities  that  use  a  telephone monitoring or
32    telephone recording system pursuant  to  this  exemption  (j)
33    shall  provide  current and prospective employees with notice
34    that the monitoring or recordings may occur during the course
 
SB472 Enrolled             -27-      LRB093 08615 RLC 08843 b
 1    of their employment.   The  notice  shall  include  prominent
 2    signage notification within the workplace.
 3        Business  entities  that  use  a  telephone monitoring or
 4    telephone recording system pursuant  to  this  exemption  (j)
 5    shall  provide  their  employees  or  agents  with  access to
 6    personal-only telephone lines which may  be  pay  telephones,
 7    that  are  not  subject  to telephone monitoring or telephone
 8    recording.
 9        For the  purposes  of  this  subsection  (j),  "telephone
10    solicitation"  means  a  communication  through  the use of a
11    telephone by live operators:
12             (i)  soliciting the sale of goods or services;
13             (ii)  receiving orders for  the  sale  of  goods  or
14        services;
15             (iii)  assisting in the use of goods or services; or
16             (iv)  engaging  in the solicitation, administration,
17        or collection of bank or retail credit accounts.
18        For the purposes of this subsection  (j),  "marketing  or
19    opinion  research"  means  a  marketing  or  opinion research
20    interview conducted by a live telephone  interviewer  engaged
21    by  a  corporation  or  other business entity whose principal
22    business is the design, conduct, and analysis  of  polls  and
23    surveys  measuring  the opinions, attitudes, and responses of
24    respondents  toward  products  and  services,  or  social  or
25    political issues, or both; and
26        (k)  Recording the interview or statement of  any  person
27    when  the  person knows that the interview is being conducted
28    by a law enforcement officer or prosecutor and the  interview
29    takes   place   at   a   police  station  that  is  currently
30    participating  in  the  Custodial  Interview  Pilot   Program
31    established  under  the Illinois Criminal Justice Information
32    Act.
33    (Source: P.A. 91-357, eff. 7-29-99; 92-854, eff. 12-5-02.)
 
SB472 Enrolled             -28-      LRB093 08615 RLC 08843 b
 1        Section 15. The Code of Criminal  Procedure  of  1963  is
 2    amended  by  changing  Sections  114-13,  116-3,  122-1,  and
 3    122-2.1  and adding Article 107A and Sections 114-15, 115-21,
 4    115-22, 116-5, and 122-2.2 as follows:

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

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

30        (725 ILCS 5/107A-10 new)
31        Sec.   107A-10.  Pilot   study   on   sequential   lineup
 
SB472 Enrolled             -29-      LRB093 08615 RLC 08843 b
 1    procedures.
 2        (a)  Legislative intent. Because the  goal  of  a  police
 3    investigation   is   to   apprehend  the  person  or  persons
 4    responsible for committing a crime, it is useful to conduct a
 5    pilot  study  in  the  field  on  the  effectiveness  of  the
 6    sequential method for lineup procedures.
 7        (b)  Establishment of pilot jurisdictions. The Department
 8    of  State  Police  shall  select  3  police  departments   to
 9    participate in a one-year pilot study on the effectiveness of
10    the  sequential  lineup  method  for  photo  and  live lineup
11    procedures. One such pilot jurisdiction  shall  be  a  police
12    district  within  a police department in a municipality whose
13    population is at least  500,000  residents;  one  such  pilot
14    jurisdiction  shall  be a police department in a municipality
15    whose population is at least 100,000 but less  than  500,000;
16    and  one such pilot jurisdiction shall be a police department
17    in a municipality whose population is less than 100,000.  All
18    such  pilot  jurisdictions  shall  be  selected no later than
19    January 1, 2004.
20        (c)  Sequential lineup procedures in pilot jurisdictions.
21    For any offense alleged to have been  committed  in  a  pilot
22    jurisdiction  on  or  after  January 1, 2004, selected lineup
23    identification procedure shall be presented in the sequential
24    method in which a witness is shown lineup participants one at
25    a time, using the following procedures:
26             (1)  The witness shall be requested to state whether
27        the individual shown is  the  perpetrator  of  the  crime
28        prior  to  viewing  the next lineup participant. Only one
29        member of the lineup shall be a suspect and the remainder
30        shall be "fillers" who  are  not  suspects  but  fit  the
31        general  description  of the offender without the suspect
32        unduly standing out;
33             (2)  The lineup administrator shall be  someone  who
34        is not aware of which member of the lineup is the suspect
 
SB472 Enrolled             -30-      LRB093 08615 RLC 08843 b
 1        in the case; and
 2             (3)  Prior   to  presenting  the  lineup  using  the
 3        sequential method the lineup administrator shall:
 4                  (A)  Inform the witness  that  the  perpetrator
 5             may or may not be among those shown, and the witness
 6             should not feel compelled to make an identification;
 7                  (B)  Inform  the  witness  that  he or she will
 8             view individuals one at a time and will be requested
 9             to  state  whether  the  individual  shown  is   the
10             perpetrator  of the crime, prior to viewing the next
11             lineup participant; and
12                  (C)  Ask the witness to state in his or her own
13             words  how  sure  he  or  she  is  that  the  person
14             identified  is  the  actual  offender.   During  the
15             statement,  or  as  soon  thereafter  as  reasonably
16             possible,  the  witness's  actual  words  shall   be
17             documented.
18        (d)  Application.   This Section applies to selected live
19    lineups that are composed and presented at a  police  station
20    and  to selected photo lineups regardless of where presented;
21    provided  that  this  Section  does  not  apply   in   police
22    investigations  in  which  a  spontaneous  identification  is
23    possible  and no lineup procedure is being used. This Section
24    does not affect the right to counsel afforded by the U.S.  or
25    Illinois  Constitutions  or  State  law  at  any  stage  of a
26    criminal proceeding.
27        (e)  Selection    of    lineups.    The     participating
28    jurisdictions  shall develop a protocol for the selection and
29    administration of lineups which  is  practical,  designed  to
30    elicit  information  for comparative evaluation purposes, and
31    is consistent with objective scientific research methodology.
32        (f)  Training and administrators. The Department of State
33    Police shall offer training to police officers and any  other
34    appropriate  personnel on the sequential method of conducting
 
SB472 Enrolled             -31-      LRB093 08615 RLC 08843 b
 1    lineup  procedures  in  the  pilot  jurisdictions   and   the
 2    requirements  of this Section. The Department of State Police
 3    may seek funding for training  and  administration  from  the
 4    Illinois  Criminal  Justice  Information  Authority  and  the
 5    Illinois   Law   Enforcement   Training  Standards  Board  if
 6    necessary.
 7        (g)  Report on the pilot study.  The Department of  State
 8    Police   shall   gather   information   from   each   of  the
 9    participating  police  departments  selected   as   a   pilot
10    jurisdiction   with  respect  to  the  effectiveness  of  the
11    sequential method for lineup  procedures  and  shall  file  a
12    report  of  its  findings  with  the Governor and the General
13    Assembly no later than April 1, 2005.

14        (725 ILCS 5/114-13) (from Ch. 38, par. 114-13)
15        Sec. 114-13.  Discovery in criminal cases.
16        (a)  Discovery procedures in criminal cases shall  be  in
17    accordance with Supreme Court Rules.
18        (b)  Any  public investigative, law enforcement, or other
19    public agency  responsible  for  investigating  any  homicide
20    offense  or participating in an investigation of any homicide
21    offense, other than defense investigators, shall  provide  to
22    the  authority  prosecuting  the  offense  all  investigative
23    material,  including  but  not limited to reports, memoranda,
24    and field notes, that have been generated  by  or  have  come
25    into  the  possession  of the investigating agency concerning
26    the homicide offense being  investigated.  In  addition,  the
27    investigating   agency   shall  provide  to  the  prosecuting
28    authority any material  or  information,  including  but  not
29    limited  to  reports,  memoranda, and field notes, within its
30    possession or control that would tend to negate the guilt  of
31    the  accused  of  the  offense  charged  or reduce his or her
32    punishment for the homicide offense. Every investigative  and
33    law  enforcement agency in this State shall adopt policies to
 
SB472 Enrolled             -32-      LRB093 08615 RLC 08843 b
 1    ensure compliance with these  standards.  Any  investigative,
 2    law  enforcement,  or  other  public  agency  responsible for
 3    investigating   any   "non-homicide   felony"   offense    or
 4    participating   in  an  investigation  of  any  "non-homicide
 5    felony" offense,  other  than  defense  investigators,  shall
 6    provide   to   the  authority  prosecuting  the  offense  all
 7    investigative material, including but not limited to  reports
 8    and  memoranda  that have been generated by or have come into
 9    the possession of the  investigating  agency  concerning  the
10    "non-homicide   felony"   offense   being  investigated.   In
11    addition, the  investigating  agency  shall  provide  to  the
12    prosecuting  authority any material or information, including
13    but  not  limited  to  reports  and  memoranda,  within   its
14    possession  or control that would tend to negate the guilt of
15    the accused of the "non-homicide felony" offense  charged  or
16    reduce  his  or  her punishment for the "non-homicide felony"
17    offense.  This obligation  to  furnish  exculpatory  evidence
18    exists  whether the information was recorded or documented in
19    any form.  Every investigative and law enforcement agency  in
20    this  State  shall  adopt  policies to ensure compliance with
21    these standards.
22    (Source: Laws 1963, p. 2836.)

23        (725 ILCS 5/114-15 new)
24        Sec. 114-15.  Mental retardation.
25        (a)  In a first degree murder case  in  which  the  State
26    seeks the death penalty as an appropriate sentence, any party
27    may  raise the issue of the defendant's mental retardation by
28    motion. A defendant wishing to raise the issue of his or  her
29    mental  retardation shall provide written notice to the State
30    and the court as soon as the  defendant  reasonably  believes
31    such issue will be raised.
32        (b)  The  issue  of  the  defendant's  mental retardation
33    shall be determined in a pretrial hearing. The court shall be
 
SB472 Enrolled             -33-      LRB093 08615 RLC 08843 b
 1    the fact finder  on  the  issue  of  the  defendant's  mental
 2    retardation  and shall determine the issue by a preponderance
 3    of evidence in which the  moving  party  has  the  burden  of
 4    proof. The court may appoint an expert in the field of mental
 5    retardation.  The  defendant  and the State may offer experts
 6    from  the  field  of  mental  retardation.  The  court  shall
 7    determine admissibility of evidence and qualification  as  an
 8    expert.
 9        (c)  If after a plea of guilty to first degree murder, or
10    a  finding of guilty of first degree murder in a bench trial,
11    or a verdict of guilty for first  degree  murder  in  a  jury
12    trial,  or  on  a  matter remanded from the Supreme Court for
13    sentencing for first degree murder, and the State  seeks  the
14    death  penalty  as an appropriate sentence, the defendant may
15    raise the issue of  defendant's  mental  retardation  not  at
16    eligibility but at aggravation and mitigation.  The defendant
17    and  the  State  may  offer  experts from the field of mental
18    retardation.  The  court  shall  determine  admissibility  of
19    evidence and qualification as an expert.
20        (d)  In  determining  whether  the  defendant is mentally
21    retarded, the mental retardation must have manifested  itself
22    by   the  age  of  18.    IQ  tests  and  psychometric  tests
23    administered to the defendant  must  be  the  kind  and  type
24    recognized  by experts in the field of mental retardation. In
25    order for the defendant to be considered mentally retarded, a
26    low  IQ  must  be  accompanied  by  significant  deficits  in
27    adaptive behavior in at least 2 of the following skill areas:
28    communication, self-care,  social  or  interpersonal  skills,
29    home  living,  self-direction,  academics, health and safety,
30    use of  community  resources,  and  work.    An  intelligence
31    quotient  (IQ)  of  75  or  below  is presumptive evidence of
32    mental retardation.
33        (e)  Evidence of mental retardation that did  not  result
34    in   disqualifying  the  case  as  a  capital  case,  may  be
 
SB472 Enrolled             -34-      LRB093 08615 RLC 08843 b
 1    introduced  as  evidence  in  mitigation  during  a   capital
 2    sentencing  hearing. A failure of the court to determine that
 3    the defendant is mentally  retarded  does  not  preclude  the
 4    court  during trial from allowing evidence relating to mental
 5    disability should the court deem it appropriate.
 6        (f)  If the court determines at  a  pretrial  hearing  or
 7    after  remand  that a capital defendant is mentally retarded,
 8    and the State does not appeal pursuant to Supreme Court  Rule
 9    604,  the  case  shall no longer be considered a capital case
10    and the procedural guidelines established for  capital  cases
11    shall  no  longer  be  applicable  to the defendant.  In that
12    case, the defendant shall be sentenced under  the  sentencing
13    provisions of Chapter V of the Unified Code of Corrections.

14        (725 ILCS 5/115-21 new)
15        Sec. 115-21.  Informant testimony.
16        (a)  For  the purposes of this Section, "informant" means
17    someone who is purporting to testify about admissions made to
18    him or her by the  accused  while  incarcerated  in  a  penal
19    institution contemporaneously.
20        (b)  This  Section  applies  to any capital case in which
21    the   prosecution   attempts   to   introduce   evidence   of
22    incriminating statements made by the accused to or  overheard
23    by an informant.
24        (c)  In  any  case  under  this  Section, the prosecution
25    shall timely disclose in discovery:
26             (1)  the complete criminal history of the informant;
27             (2)  any deal, promise, inducement, or benefit  that
28        the offering party has made or will make in the future to
29        the informant;
30             (3)  the statements made by the accused;
31             (4)  the  time and place of the statements, the time
32        and  place  of  their  disclosure  to   law   enforcement
33        officials,  and the names of all persons who were present
 
SB472 Enrolled             -35-      LRB093 08615 RLC 08843 b
 1        when the statements were made;
 2             (5)  whether at any time the informant recanted that
 3        testimony or statement and, if so, the time and place  of
 4        the  recantation,  the nature of the recantation, and the
 5        names of the persons who were present at the recantation;
 6             (6)  other cases in which the  informant  testified,
 7        provided  that  the  existence  of  such testimony can be
 8        ascertained through reasonable inquiry  and  whether  the
 9        informant received any promise, inducement, or benefit in
10        exchange   for   or   subsequent  to  that  testimony  or
11        statement; and
12             (7)  any   other   information   relevant   to   the
13        informant's credibility.
14        (d)  In any case under this Section, the prosecution must
15    timely disclose its intent to introduce the testimony  of  an
16    informant.   The  court  shall conduct a hearing to determine
17    whether the testimony of the informant  is  reliable,  unless
18    the  defendant  waives  such  a  hearing.  If the prosecution
19    fails to show by a preponderance of  the  evidence  that  the
20    informant's  testimony is reliable, the court shall not allow
21    the testimony to be heard at trial.   At  this  hearing,  the
22    court shall consider the factors enumerated in subsection (c)
23    as well as any other factors relating to reliability.
24        (e)  A  hearing  required  under  subsection (d) does not
25    apply to statements covered under  subsection  (b)  that  are
26    lawfully recorded.
27        (f)  This   Section   applies   to   all   death  penalty
28    prosecutions initiated on or after the effective date of this
29    amendatory Act of the 93rd General Assembly.

30        (725 ILCS 5/115-22 new)
31        Sec.  115-22.  Witness  inducements.   When   the   State
32    intends  to introduce the testimony of a witness in a capital
33    case,  the  State  shall,  before  trial,  disclose  to   the
 
SB472 Enrolled             -36-      LRB093 08615 RLC 08843 b
 1    defendant  and  to  his  or her defense counsel the following
 2    information, which shall be reduced to writing:
 3             (1)  whether  the  witness  has  received  or   been
 4        promised   anything,   including   pay,   immunity   from
 5        prosecution,   leniency   in   prosecution,  or  personal
 6        advantage, in exchange for testimony;
 7             (2)  any other case in which the  witness  testified
 8        or  offered  statements against an individual but was not
 9        called, and whether the statements were admitted  in  the
10        case, and whether the witness received any deal, promise,
11        inducement,  or benefit in exchange for that testimony or
12        statement; provided that the existence of such  testimony
13        can be ascertained through reasonable inquiry;
14             (3)  whether the witness has ever changed his or her
15        testimony;
16             (4)  the criminal history of the witness; and
17             (5)  any  other evidence relevant to the credibility
18        of the witness.

19        (725 ILCS 5/116-3)
20        Sec. 116-3.  Motion for fingerprint or  forensic  testing
21    not available at trial regarding actual innocence.
22        (a)  A defendant may make a motion before the trial court
23    that  entered  the  judgment of conviction in his or her case
24    for the performance of fingerprint or forensic  DNA  testing,
25    including  comparison analysis of genetic marker groupings of
26    the evidence collected by criminal justice agencies  pursuant
27    to  the  alleged offense, to those of the defendant, to those
28    of other forensic evidence, and  to  those  maintained  under
29    subsection  (f)  of  Section  5-4-3  of  the  Unified Code of
30    Corrections, on evidence that was secured in relation to  the
31    trial  which resulted in his or her conviction, but which was
32    not subject to the testing which is now requested because the
33    technology for the testing was not available at the  time  of
 
SB472 Enrolled             -37-      LRB093 08615 RLC 08843 b
 1    trial.   Reasonable notice of the motion shall be served upon
 2    the State.
 3        (b)  The defendant must present a prima facie case that:
 4             (1)  identity was  the  issue  in  the  trial  which
 5        resulted in his or her conviction; and
 6             (2)  the evidence to be tested has been subject to a
 7        chain  of custody sufficient to establish that it has not
 8        been substituted, tampered with, replaced, or altered  in
 9        any material aspect.
10        (c)  The  trial  court  shall  allow  the  testing  under
11    reasonable   conditions   designed  to  protect  the  State's
12    interests in the integrity of the evidence  and  the  testing
13    process upon a determination that:
14             (1)  the  result  of  the testing has the scientific
15        potential  to   produce   new,   noncumulative   evidence
16        materially  relevant  to  the  defendant's  assertion  of
17        actual   innocence   even  though  the  results  may  not
18        completely exonerate the defendant;
19             (2)  the  testing  requested  employs  a  scientific
20        method generally accepted within the relevant  scientific
21        community.
22    (Source: P.A. 90-141, eff. 1-1-98.)

23        (725 ILCS 5/116-5 new)
24        Sec.  116-5.  Motion  for  DNA  database  search (genetic
25    marker groupings comparison analysis).
26        (a)  Upon motion by a defendant charged with any  offense
27    where   DNA   evidence   may   be  material  to  the  defense
28    investigation or relevant at trial, a court may order  a  DNA
29    database  search  by  the  Department  of  State Police. Such
30    analysis may include comparing:
31             (1)  the genetic profile from forensic evidence that
32        was secured in relation to the trial against the  genetic
33        profile of the defendant,
 
SB472 Enrolled             -38-      LRB093 08615 RLC 08843 b
 1             (2)  the   genetic  profile  of  items  of  forensic
 2        evidence secured in relation  to  trial  to  the  genetic
 3        profile of other forensic evidence secured in relation to
 4        trial, or
 5             (3)  the    genetic    profiles   referred   to   in
 6        subdivisions (1) and (2) against:
 7                  (i)  genetic profiles of  offenders  maintained
 8             under subsection (f) of Section 5-4-3 of the Unified
 9             Code of Corrections, or
10                  (ii)  genetic   profiles,   including  but  not
11             limited to, profiles from unsolved crimes maintained
12             in state or local DNA databases by  law  enforcement
13             agencies.
14        (b)  If  appropriate  federal criteria are met, the court
15    may order the Department  of  State  Police  to  request  the
16    National  DNA  index system to search its database of genetic
17    profiles.
18        (c)  If   requested   by   the   defense,    a    defense
19    representative  shall  be  allowed to view any genetic marker
20    grouping  analysis  conducted  by  the  Department  of  State
21    Police. The defense shall be  provided  with  copies  of  all
22    documentation,      correspondence,     including     digital
23    correspondence, notes, memoranda, and  reports  generated  in
24    relation to the analysis.
25        (d)  Reasonable notice of the motion shall be served upon
26    the State.

27        (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
28        Sec. 122-1. Petition in the trial court.
29        (a)  Any   person  imprisoned  in  the  penitentiary  may
30    institute a proceeding under this Article if the  person  who
31    asserts that:
32             (1)  in the proceedings which resulted in his or her
33        conviction  there  was a substantial denial of his or her
 
SB472 Enrolled             -39-      LRB093 08615 RLC 08843 b
 1        rights under the Constitution of the United States or  of
 2        the  State  of  Illinois  or  both;  or  may  institute a
 3        proceeding under this Article.
 4             (2)  the death penalty  was  imposed  and  there  is
 5        newly  discovered evidence not available to the person at
 6        the time of the proceeding that resulted in  his  or  her
 7        conviction   that  establishes  a  substantial  basis  to
 8        believe that the defendant is actually innocent by  clear
 9        and convincing evidence.
10        (a-5)  A proceeding under paragraph (2) of subsection (a)
11    may be commenced within a reasonable period of time after the
12    person's  conviction  notwithstanding any other provisions of
13    this  Article.  In  such  a   proceeding   regarding   actual
14    innocence,  if the court determines the petition is frivolous
15    or is patently without merit, it shall dismiss  the  petition
16    in  a  written  order,  specifying  the  findings of fact and
17    conclusions of law it made in  reaching  its  decision.  Such
18    order  of  dismissal  is a final judgment and shall be served
19    upon the petitioner by certified mail within 10 days  of  its
20    entry.
21        (b)  The proceeding shall be commenced by filing with the
22    clerk  of  the  court  in  which  the conviction took place a
23    petition  (together  with  a  copy   thereof)   verified   by
24    affidavit.  Petitioner shall also serve another copy upon the
25    State's  Attorney by any of the methods provided in Rule 7 of
26    the Supreme Court.  The clerk shall docket the  petition  for
27    consideration  by  the court pursuant to Section 122-2.1 upon
28    his or her receipt thereof and bring the same promptly to the
29    attention of the court.
30        (c)  Except as otherwise provided in subsection (a-5), if
31    the petitioner is under sentence  of  death,  no  proceedings
32    under  this  Article  shall  be  commenced more than 6 months
33    after the denial of a petition for certiorari to  the  United
34    States  Supreme Court on direct appeal, or more than 6 months
 
SB472 Enrolled             -40-      LRB093 08615 RLC 08843 b
 1    from the date for filing such a petition if  none  is  filed,
 2    unless  the  petitioner  alleges facts showing that the delay
 3    was not due to his or her culpable negligence.
 4        When a defendant has a  sentence  other  than  death,  no
 5    proceedings under this Article shall be commenced more than 6
 6    months  after  the denial of the Petition for Leave to Appeal
 7    to the Illinois Supreme Court, or more than 6 months from the
 8    date for filing such a petition if none is filed, unless  the
 9    petitioner  alleges  facts showing that the delay was not due
10    to his or her culpable negligence.
11        This limitation does not apply to a petition advancing  a
12    claim  of actual innocence. no proceedings under this Article
13    shall be commenced more than 6 months after the denial  of  a
14    petition  for  leave  to appeal or the date for filing such a
15    petition if none is filed or more  than  45  days  after  the
16    defendant  files  his  or  her  brief  in  the  appeal of the
17    sentence before the Illinois Supreme Court (or more  than  45
18    days  after  the  deadline  for the filing of the defendant's
19    brief with the Illinois Supreme Court if no brief  is  filed)
20    or  3 years from the date of conviction, whichever is sooner,
21    unless the petitioner alleges facts showing  that  the  delay
22    was not due to his or her culpable negligence.
23        (d)  A  person  seeking relief by filing a petition under
24    this Section must specify in the petition or its heading that
25    it is filed under this Section.    A  trial  court  that  has
26    received  a  petition complaining of a conviction or sentence
27    that fails to specify in the petition or its heading that  it
28    is filed under this Section need not evaluate the petition to
29    determine whether it could otherwise have stated some grounds
30    for relief under this Article.
31        (e)  A proceeding under this Article may not be commenced
32    on  behalf  of  a  defendant  who has been sentenced to death
33    without the written consent  of  the  defendant,  unless  the
34    defendant,  because  of  a  mental  or physical condition, is
 
SB472 Enrolled             -41-      LRB093 08615 RLC 08843 b
 1    incapable of asserting his or her own claim.
 2    (Source: P.A.  89-284,  eff.  1-1-96;  89-609,  eff.  1-1-97;
 3    89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)

 4        (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
 5        Sec.  122-2.1.  (a)  Within  90 days after the filing and
 6    docketing of each petition,  the  court  shall  examine  such
 7    petition and enter an order thereon pursuant to this Section.
 8             (1)  If  the  petitioner  is under sentence of death
 9        and is without counsel and alleges  that  he  is  without
10        means  to  procure counsel, he shall state whether or not
11        he wishes counsel to be appointed to represent him.    If
12        appointment  of  counsel is so requested, the court shall
13        appoint counsel if satisfied that the petitioner  has  no
14        means to procure counsel.
15             (2)  If  the petitioner is sentenced to imprisonment
16        and the court determines the petition is frivolous or  is
17        patently  without merit, it shall dismiss the petition in
18        a written order, specifying  the  findings  of  fact  and
19        conclusions  of  law  it  made  in reaching its decision.
20        Such order of dismissal is a final judgment and shall  be
21        served  upon  the  petitioner by certified mail within 10
22        days of its entry.
23        (b)  If the petition is not dismissed  pursuant  to  this
24    Section,  the  court  shall order the petition to be docketed
25    for further consideration in accordance with  Sections  122-4
26    through  122-6. If the petitioner is under sentence of death,
27    the court shall order the petition to be docketed for further
28    consideration and hearing within one year of  the  filing  of
29    the  petition. Continuances may be granted as the court deems
30    appropriate.
31        (c)  In considering a petition pursuant to this  Section,
32    the  court  may  examine  the court file of the proceeding in
33    which the petitioner was convicted, any action  taken  by  an
 
SB472 Enrolled             -42-      LRB093 08615 RLC 08843 b
 1    appellate  court  in  such  proceeding and any transcripts of
 2    such proceeding.
 3    (Source: P.A. 86-655; 87-904.)

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

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

29        (725 ILCS 124/15)
30        (Section scheduled to be repealed on July 1, 2004)
31        Sec. 15.  Capital Litigation Trust Fund.
 
SB472 Enrolled             -43-      LRB093 08615 RLC 08843 b
 1        (a)  The Capital Litigation Trust Fund is  created  as  a
 2    special  fund in the State Treasury.  The Trust Fund shall be
 3    administered by the State Treasurer to provide moneys for the
 4    appropriations  to  be  made,  grants  to  be  awarded,   and
 5    compensation  and  expenses  to  be paid under this Act.  All
 6    interest earned from the  investment  or  deposit  of  moneys
 7    accumulated in the Trust Fund shall, under Section 4.1 of the
 8    State Finance Act,  be deposited into the Trust Fund.
 9        (b)  Moneys  deposited  into  the Trust Fund shall not be
10    considered general revenue of the State of Illinois.
11        (c)  Moneys deposited into the Trust Fund shall  be  used
12    exclusively  for  the  purposes  of providing funding for the
13    prosecution and defense of capital cases as provided in  this
14    Act  and  shall not be appropriated, loaned, or in any manner
15    transferred to the General  Revenue  Fund  of  the  State  of
16    Illinois.
17        (d)  Every fiscal year the State Treasurer shall transfer
18    from the General Revenue Fund to the Capital Litigation Trust
19    Fund   an   amount   equal  to  the  full  amount  of  moneys
20    appropriated by the General Assembly (both  by  original  and
21    supplemental appropriation), less any unexpended balance from
22    the  previous  fiscal year, from the Capital Litigation Trust
23    Fund for the specific purpose of making funding available for
24    the prosecution and defense of  capital  cases.   The  Public
25    Defender  and  State's  Attorney  in  Cook  County, the State
26    Appellate   Defender,   the   State's   Attorneys   Appellate
27    Prosecutor,  and  the  Attorney  General  shall  make  annual
28    requests for appropriations from the Trust Fund.
29             (1)  The  Public  Defender  in  Cook  County   shall
30        request   appropriations   to  the  State  Treasurer  for
31        expenses incurred by the Public Defender and for  funding
32        for private appointed defense counsel in Cook  County.
33             (2)  The  State's  Attorney  in  Cook  County  shall
34        request  an  appropriation  to  the  State  Treasurer for
 
SB472 Enrolled             -44-      LRB093 08615 RLC 08843 b
 1        expenses incurred by the State's Attorney.
 2             (3)  The State Appellate Defender  shall  request  a
 3        direct  appropriation  from  the  Trust Fund for expenses
 4        incurred by the State  Appellate  Defender  in  providing
 5        assistance  to  trial  attorneys  under  item  (c)(5)  of
 6        Section  10  of  the  State Appellate Defender Act and an
 7        appropriation to the State Treasurer  for  payments  from
 8        the Trust Fund for the defense of cases in counties other
 9        than Cook County.
10             (4)  The   State's  Attorneys  Appellate  Prosecutor
11        shall request a direct appropriation from the Trust  Fund
12        to   pay  expenses  incurred  by  the  State's  Attorneys
13        Appellate Prosecutor and an appropriation  to  the  State
14        Treasurer  for  payments from the Trust Fund for expenses
15        incurred by State's Attorneys in counties other than Cook
16        County.
17             (5)  The Attorney General  shall  request  a  direct
18        appropriation   from  the  Trust  Fund  to  pay  expenses
19        incurred by the Attorney General in assisting the State's
20        Attorneys in counties other than Cook County.
21        The Public Defender and State's Attorney in Cook  County,
22    the State Appellate Defender, the State's Attorneys Appellate
23    Prosecutor,   and  the  Attorney  General  may  each  request
24    supplemental appropriations from the Trust  Fund  during  the
25    fiscal year.
26        (e)  Moneys  in  the Trust Fund shall be expended only as
27    follows:
28             (1)  To  pay  the   State   Treasurer's   costs   to
29        administer  the  Trust Fund.  The amount for this purpose
30        may not exceed 5% in any one fiscal year  of  the  amount
31        otherwise  appropriated  from  the Trust Fund in the same
32        fiscal year.
33             (2)  To pay the capital litigation expenses of trial
34        defense including,  but  not  limited  to,  DNA  testing,
 
SB472 Enrolled             -45-      LRB093 08615 RLC 08843 b
 1        including  DNA testing under Section 116-3 of the Code of
 2        Criminal  Procedure  of  1963,   analysis,   and   expert
 3        testimony,  investigatory  and  other assistance, expert,
 4        forensic,   and   other   witnesses,    and    mitigation
 5        specialists,  and  grants  and  aid  provided  to  public
 6        defenders  or  assistance  to  attorneys  who  have  been
 7        appointed  by  the  court to represent defendants who are
 8        charged with capital crimes.
 9             (3)  To pay the  compensation  of  trial  attorneys,
10        other  than  public defenders, who have been appointed by
11        the court to represent defendants who  are  charged  with
12        capital crimes.
13             (4)  To  provide  State's Attorneys with funding for
14        capital litigation expenses including,  but  not  limited
15        to,   investigatory  and  other  assistance  and  expert,
16        forensic, and other  witnesses  necessary  to   prosecute
17        capital  cases.    State's  Attorneys in any county other
18        than Cook County seeking funding for  capital  litigation
19        expenses including, but not limited to, investigatory and
20        other assistance and expert, forensic, or other witnesses
21        under this Section may request that the State's Attorneys
22        Appellate Prosecutor or the Attorney General, as the case
23        may  be,  certify  the expenses as reasonable, necessary,
24        and appropriate for payment from the  Trust  Fund,  on  a
25        form  created by the State Treasurer.  Upon certification
26        of the expenses and delivery of the certification to  the
27        State  Treasurer,  the  Treasurer  shall pay the expenses
28        directly from the Capital Litigation Trust Fund if  there
29        are  sufficient  moneys  in  the  Trust  Fund  to pay the
30        expenses.
31             (5)  To  provide  financial  support   through   the
32        Attorney General pursuant to the Attorney General Act for
33        the  several  county  State's  Attorneys  outside of Cook
34        County, but shall not be used to increase  personnel  for
 
SB472 Enrolled             -46-      LRB093 08615 RLC 08843 b
 1        the Attorney General's Office.
 2             (6)  To   provide   financial  support  through  the
 3        State's Attorneys Appellate Prosecutor  pursuant  to  the
 4        State's  Attorneys  Appellate  Prosecutor's  Act  for the
 5        several county State's Attorneys outside of Cook  County,
 6        but  shall  not  be  used  to  increase personnel for the
 7        State's Attorneys Appellate Prosecutor.
 8             (7)  To  provide  financial  support  to  the  State
 9        Appellate  Defender  pursuant  to  the  State   Appellate
10        Defender Act.
11        Moneys  expended from the Trust Fund shall be in addition
12    to county funding for Public Defenders and State's Attorneys,
13    and shall not be used to  supplant  or  reduce  ordinary  and
14    customary county funding.
15        (f)  Moneys  in  the  Trust Fund shall be appropriated to
16    the State Appellate Defender, the State's Attorneys Appellate
17    Prosecutor, the Attorney General, and  the  State  Treasurer.
18    The  State  Appellate Defender shall receive an appropriation
19    from the Trust Fund to enable it  to  provide  assistance  to
20    appointed  defense counsel throughout the State and to Public
21    Defenders in counties other than Cook.  The State's Attorneys
22    Appellate Prosecutor and the Attorney General  shall  receive
23    appropriations  from the Trust Fund to enable them to provide
24    assistance to State's Attorneys in counties other  than  Cook
25    County.   Moneys shall be appropriated to the State Treasurer
26    to enable the Treasurer (i) to make grants  to  Cook  County,
27    (ii)  to  pay  the  expenses  of Public Defenders and State's
28    Attorneys in counties other than Cook County,  (iii)  to  pay
29    the expenses and compensation of appointed defense counsel in
30    counties other than Cook County, and (iv) to pay the costs of
31    administering  the  Trust  Fund.  All expenditures and grants
32    made from the Trust Fund shall be subject  to  audit  by  the
33    Auditor General.
34        (g)  For Cook County, grants from the Trust Fund shall be
 
SB472 Enrolled             -47-      LRB093 08615 RLC 08843 b
 1    made and administered as follows:
 2             (1)  For   each   State  fiscal  year,  the  State's
 3        Attorney and Public Defender must each  make  a  separate
 4        application to the State Treasurer for capital litigation
 5        grants.
 6             (2)  The  State  Treasurer shall establish rules and
 7        procedures  for  grant  applications.   The  rules  shall
 8        require the Cook County Treasurer as the grant  recipient
 9        to  report on a periodic basis to the State Treasurer how
10        much of the grant has been  expended,  how  much  of  the
11        grant  is remaining, and the purposes for which the grant
12        has been used.  The  rules  may  also  require  the  Cook
13        County  Treasurer  to  certify  on  a periodic basis that
14        expenditures of the funds have  been  made  for  expenses
15        that  are  reasonable,  necessary,  and  appropriate  for
16        payment from the Trust Fund.
17             (3)  The  State  Treasurer  shall make the grants to
18        the Cook County Treasurer as soon as possible  after  the
19        beginning of the State fiscal year.
20             (4)  The  State's  Attorney  or  Public Defender may
21        apply for supplemental grants during the fiscal year.
22             (5)  Grant moneys shall be paid to the  Cook  County
23        Treasurer  in  block grants and held in separate accounts
24        for the State's Attorney, the Public Defender, and  court
25        appointed  defense  counsel  other  than  the Cook County
26        Public Defender, respectively, for the designated  fiscal
27        year, and are not subject to county appropriation.
28             (6)  Expenditure   of   grant   moneys   under  this
29        subsection  (g)  is  subject  to  audit  by  the  Auditor
30        General.
31             (7)  The Cook  County  Treasurer  shall  immediately
32        make payment from the appropriate separate account in the
33        county  treasury  for  capital litigation expenses to the
34        State's Attorney, Public  Defender,  or  court  appointed
 
SB472 Enrolled             -48-      LRB093 08615 RLC 08843 b
 1        defense  counsel  other  than the Public Defender, as the
 2        case may be, upon order of the State's  Attorney,  Public
 3        Defender or the court, respectively.
 4        (h)  If  a  defendant in a capital case in Cook County is
 5    represented by court appointed counsel other  than  the  Cook
 6    County  Public Defender, the appointed counsel shall petition
 7    the court for an order directing the Cook County Treasurer to
 8    pay the court appointed counsel's  reasonable  and  necessary
 9    compensation  and  capital  litigation  expenses  from  grant
10    moneys provided from the Trust Fund. These petitions shall be
11    considered   in   camera.    Orders   denying  petitions  for
12    compensation or expenses are final. Counsel may not  petition
13    for  expenses  that  may have been provided or compensated by
14    the State Appellate Defender under item (c)(5) of Section  10
15    of the State Appellate Defender Act.
16        (i)  In  counties  other  than Cook County, and excluding
17    capital litigation expenses or services that  may  have  been
18    provided by the State Appellate Defender under item (c)(5) of
19    Section 10 of the State Appellate Defender Act:
20             (1)  Upon  certification  by the circuit court, on a
21        form created by  the  State  Treasurer,  that  all  or  a
22        portion  of  the  expenses are reasonable, necessary, and
23        appropriate for payment  from  the  Trust  Fund  and  the
24        court's  delivery  of the certification to the Treasurer,
25        the Treasurer shall pay the certified expenses of  Public
26        Defenders  from  the  money appropriated to the Treasurer
27        for capital litigation expenses of  Public  Defenders  in
28        any   county   other  than  Cook  County,  if  there  are
29        sufficient moneys in the Trust Fund to pay the expenses.
30             (2)  If a defendant in a capital case is represented
31        by  court  appointed  counsel  other  than   the   Public
32        Defender,  the appointed counsel shall petition the court
33        to certify compensation and capital  litigation  expenses
34        including,  but  not  limited to, investigatory and other
 
SB472 Enrolled             -49-      LRB093 08615 RLC 08843 b
 1        assistance, expert, forensic, and  other  witnesses,  and
 2        mitigation  specialists  as  reasonable,  necessary,  and
 3        appropriate  for  payment  from  the  Trust  Fund.   Upon
 4        certification on a form created by the State Treasurer of
 5        all  or  a  portion  of  the  compensation  and  expenses
 6        certified  as  reasonable, necessary, and appropriate for
 7        payment from the Trust Fund and the court's  delivery  of
 8        the  certification  to the Treasurer, the State Treasurer
 9        shall pay the certified compensation  and  expenses  from
10        the money appropriated to the Treasurer for that purpose,
11        if  there are sufficient moneys in the Trust Fund to make
12        those payments.
13             (3)  A  petition  for  capital  litigation  expenses
14        under this subsection  shall  be  considered  in  camera.
15        Orders denying petitions for compensation or expenses are
16        final.
17        (j)  If the Trust Fund is discontinued or dissolved by an
18    Act  of  the  General  Assembly  or  by operation of law, any
19    balance remaining in the Trust Fund shall be returned to  the
20    General Revenue Fund after deduction of administrative costs,
21    any   other   provision   of   this   Act   to  the  contrary
22    notwithstanding.
23    (Source: P.A. 91-589, eff. 1-1-00.)

24        (725 ILCS 124/19)
25        (Section scheduled to be repealed on July 1, 2004)
26        Sec. 19.  Report; repeal.
27        (a)  The Cook County Public  Defender,  the  Cook  County
28    State's  Attorney,  the State Appellate Defender, the State's
29    Attorneys Appellate  Prosecutor,  and  the  Attorney  General
30    shall  each  report  separately  to  the  General Assembly by
31    January 1, 2004 detailing the amounts of  money  received  by
32    them  through  this  Act, the uses for which those funds were
33    expended, the balances then in the Capital  Litigation  Trust
 
SB472 Enrolled             -50-      LRB093 08615 RLC 08843 b
 1    Fund   or  county  accounts, as the case may be, dedicated to
 2    them for the use and support of Public  Defenders,  appointed
 3    trial defense counsel, and State's Attorneys, as the case may
 4    be.   The  report  shall  describe  and  discuss the need for
 5    continued  funding  through  the   Fund   and   contain   any
 6    suggestions for changes to this Act.
 7        (b)  (Blank).   Unless   the  General  Assembly  provides
 8    otherwise, this Act is repealed on July 1, 2004.
 9    (Source: P.A. 91-589, eff. 1-1-00.)

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

12        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
13        Sec.  5-4-3.  Persons  convicted  of, or found delinquent
14    for,  certain  offenses  or  institutionalized  as   sexually
15    dangerous; specimens; genetic marker groups.
16        (a)  Any  person  convicted  of,  found  guilty under the
17    Juvenile Court Act of 1987 for, or who received a disposition
18    of court supervision for, a qualifying offense or attempt  of
19    a  qualifying  offense,  convicted  or  found  guilty  of any
20    offense classified as a  felony  under  Illinois  law,  found
21    guilty  or  given supervision for any offense classified as a
22    felony  under  the   Juvenile   Court   Act   of   1987,   or
23    institutionalized  as  a  sexually dangerous person under the
24    Sexually Dangerous Persons Act, or committed  as  a  sexually
25    violent  person under the Sexually Violent Persons Commitment
26    Act shall, regardless of the sentence or disposition imposed,
27    be required to submit specimens of blood, saliva,  or  tissue
28    to the Illinois Department of State Police in accordance with
29    the provisions of this Section, provided such person is:
30             (1)  convicted of a qualifying offense or attempt of
31        a  qualifying  offense  on  or  after  July  1,  1990 the
32        effective date  of  this  amendatory  Act  of  1989,  and
 
SB472 Enrolled             -51-      LRB093 08615 RLC 08843 b
 1        sentenced   to   a   term   of   imprisonment,   periodic
 2        imprisonment,  fine,  probation, conditional discharge or
 3        any other form of sentence, or  given  a  disposition  of
 4        court supervision for the offense;, or
 5             (1.5)  found  guilty  or given supervision under the
 6        Juvenile Court Act of 1987 for a  qualifying  offense  or
 7        attempt  of  a  qualifying offense on or after January 1,
 8        1997; the effective date of this amendatory Act of  1996,
 9        or
10             (2)  ordered   institutionalized   as   a   sexually
11        dangerous  person on or after July 1, 1990; the effective
12        date of this amendatory Act of 1989, or
13             (3)  convicted of a qualifying offense or attempt of
14        a qualifying offense before July 1,  1990  the  effective
15        date  of  this  amendatory  Act  of 1989 and is presently
16        confined as a result of  such  conviction  in  any  State
17        correctional  facility  or  county  jail  or is presently
18        serving a sentence of probation, conditional discharge or
19        periodic imprisonment as a result of such conviction;, or
20             (3.5)  convicted or  found  guilty  of  any  offense
21        classified as a felony under Illinois law or found guilty
22        or  given  supervision  for  such  an  offense  under the
23        Juvenile Court Act of 1987 on or after August  22,  2002;
24        the  effective  date   of this amendatory Act of the 92nd
25        General Assembly, or
26             (4)  presently  institutionalized  as   a   sexually
27        dangerous  person  or  presently  institutionalized  as a
28        person found guilty but mentally ill of a sexual  offense
29        or attempt to commit a sexual offense; or
30             (4.5)  ordered   committed  as  a  sexually  violent
31        person on or after the effective  date  of  the  Sexually
32        Violent Persons Commitment Act; or
33             (5)  seeking  transfer  to  or residency in Illinois
34        under Sections 3-3-11.05 through 3-3-11.5 of the  Unified
 
SB472 Enrolled             -52-      LRB093 08615 RLC 08843 b
 1        Code  of Corrections and the Interstate Compact for Adult
 2        Offender Supervision  or  the  Interstate  Agreements  on
 3        Sexually Dangerous Persons Act.
 4        Notwithstanding  other  provisions  of  this Section, any
 5    person incarcerated in a facility of the Illinois  Department
 6    of Corrections on or after August 22, 2002 the effective date
 7    of  this amendatory Act of the 92nd General Assembly shall be
 8    required to submit a specimen of  blood,  saliva,  or  tissue
 9    prior to his or her release on parole or mandatory supervised
10    release,  as  a  condition  of his or her parole or mandatory
11    supervised release.
12        (a-5)  Any person  who  was  otherwise  convicted  of  or
13    received  a  disposition  of  court supervision for any other
14    offense under the Criminal Code of  1961  or  who  was  found
15    guilty  or  given  supervision for such a violation under the
16    Juvenile Court Act of 1987, may, regardless of  the  sentence
17    imposed,  be  required  by  an  order  of the court to submit
18    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
19    Department of State Police in accordance with the  provisions
20    of this Section.
21        (b)  Any  person required by paragraphs (a)(1), (a)(1.5),
22    (a)(2), (a)(3.5), and (a-5) to provide  specimens  of  blood,
23    saliva,  or  tissue shall provide specimens of blood, saliva,
24    or tissue within 45 days after sentencing or disposition at a
25    collection site designated  by  the  Illinois  Department  of
26    State Police.
27        (c)  Any  person  required  by paragraphs (a)(3), (a)(4),
28    and (a)(4.5) to provide specimens of blood, saliva, or tissue
29    shall be required to provide  such  samples  prior  to  final
30    discharge, parole, or release at a collection site designated
31    by the Illinois Department of State Police.
32        (c-5)  Any person required by paragraph (a)(5) to provide
33    specimens  of blood, saliva, or tissue shall, where feasible,
34    be required to provide the specimens  before  being  accepted
 
SB472 Enrolled             -53-      LRB093 08615 RLC 08843 b
 1    for  conditioned  residency  in Illinois under the interstate
 2    compact or agreement, but no later than 45 days after arrival
 3    in this State.
 4        (c-6)  The  Illinois  Department  of  State  Police   may
 5    determine which type of specimen or specimens, blood, saliva,
 6    or  tissue,  is  acceptable for submission to the Division of
 7    Forensic Services for analysis.
 8        (d)  The  Illinois  Department  of  State  Police   shall
 9    provide  all  equipment  and  instructions  necessary for the
10    collection of blood samples.  The collection of samples shall
11    be  performed  in  a  medically  approved  manner.   Only   a
12    physician authorized to practice medicine, a registered nurse
13    or   other  qualified  person  trained  in  venipuncture  may
14    withdraw blood for the purposes of  this  Act.   The  samples
15    shall  thereafter  be forwarded to the Illinois Department of
16    State Police, Division of Forensic Services, for analysis and
17    categorizing into genetic marker groupings.
18        (d-1)  The Illinois  Department  of  State  Police  shall
19    provide  all  equipment  and  instructions  necessary for the
20    collection of  saliva  samples.   The  collection  of  saliva
21    samples  shall  be  performed in a medically approved manner.
22    Only a person trained in the instructions promulgated by  the
23    Illinois State Police on collecting saliva may collect saliva
24    for   the  purposes  of  this  Section.   The  samples  shall
25    thereafter be forwarded to the Illinois Department  of  State
26    Police,  Division  of  Forensic  Services,  for  analysis and
27    categorizing into genetic marker groupings.
28        (d-2)  The Illinois  Department  of  State  Police  shall
29    provide  all  equipment  and  instructions  necessary for the
30    collection of  tissue  samples.   The  collection  of  tissue
31    samples  shall  be  performed in a medically approved manner.
32    Only a person trained in the instructions promulgated by  the
33    Illinois State Police on collecting tissue may collect tissue
34    for   the  purposes  of  this  Section.   The  samples  shall
 
SB472 Enrolled             -54-      LRB093 08615 RLC 08843 b
 1    thereafter be forwarded to the Illinois Department  of  State
 2    Police,  Division  of  Forensic  Services,  for  analysis and
 3    categorizing into genetic marker groupings.
 4        (d-5)  To  the  extent  that  funds  are  available,  the
 5    Illinois Department  of  State  Police  shall  contract  with
 6    qualified   personnel  and  certified  laboratories  for  the
 7    collection, analysis, and categorization of known samples.
 8        (e)  The genetic marker groupings shall be maintained  by
 9    the Illinois Department of State Police, Division of Forensic
10    Services.
11        (f)  The  genetic  marker  grouping  analysis information
12    obtained pursuant to this Act shall be confidential and shall
13    be released only to peace officers of the United  States,  of
14    other  states  or  territories, of the insular possessions of
15    the United States, of foreign countries  duly  authorized  to
16    receive  the  same,  to  all  peace  officers of the State of
17    Illinois and to all prosecutorial agencies,  and  to  defense
18    counsel  as provided by Section 116-5 of the Code of Criminal
19    Procedure of 1963.   The  genetic  marker  grouping  analysis
20    information  obtained pursuant to this Act shall be used only
21    for (i) valid law enforcement identification purposes and  as
22    required   by   the   Federal  Bureau  of  Investigation  for
23    participation in the National DNA database or (ii) technology
24    validation purposes or (iii) assisting in the defense of  the
25    criminally  accused  pursuant to Section 116-5 of the Code of
26    Criminal  Procedure  of  1963.   Notwithstanding  any   other
27    statutory provision to the contrary, all information obtained
28    under this Section shall be maintained in a single State data
29    base,  which  may  be  uploaded into a national database, and
30    which information may be subject to expungement only  as  set
31    forth in subsection (f-1).
32        (f-1)  Upon  receipt  of  notification of a reversal of a
33    conviction based on actual innocence, or of the granting of a
34    pardon pursuant to Section 12 of Article V  of  the  Illinois
 
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 1    Constitution,  if  that  pardon  document specifically states
 2    that the reason for the pardon is the actual innocence of  an
 3    individual  whose  DNA record has been stored in the State or
 4    national DNA identification index  in  accordance  with  this
 5    Section  by  the Illinois Department of State Police, the DNA
 6    record shall be expunged from the DNA  identification  index,
 7    and  the  Department  shall  by  rule prescribe procedures to
 8    ensure that the record and any samples,  analyses,  or  other
 9    documents  relating to such record, whether in the possession
10    of the Department or any law enforcement or police agency, or
11    any forensic DNA  laboratory,  including  any  duplicates  or
12    copies  thereof,  are  destroyed  and a letter is sent to the
13    court verifying the expungement is completed.
14        (f-5)  Any person who intentionally uses  genetic  marker
15    grouping  analysis  information,  or  any  other  information
16    derived  from  a  DNA  sample,  beyond the authorized uses as
17    provided under this Section, or any other  Illinois  law,  is
18    guilty of a Class 4 felony, and shall be subject to a fine of
19    not less than $5,000.
20        (g)  For   the  purposes  of  this  Section,  "qualifying
21    offense" means any of the following:
22             (1)  any violation or inchoate violation of  Section
23        11-6,  11-9.1,  11-11,  11-18.1,  12-15,  or 12-16 of the
24        Criminal Code of 1961;, or
25             (1.1)  any  violation  or  inchoate   violation   of
26        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
27        18-3,  18-4,  19-1,  or 19-2 of the Criminal Code of 1961
28        for which persons are  convicted  on  or  after  July  1,
29        2001;, or
30             (2)  any  former statute of this State which defined
31        a felony sexual offense;, or
32             (3)  (blank);, or
33             (4)  any  inchoate  violation  of   Section   9-3.1,
34        11-9.3,  12-7.3, or 12-7.4 of the Criminal Code of 1961;,
 
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 1        or
 2             (5)  any violation or inchoate violation of  Article
 3        29D of the Criminal Code of 1961.
 4        (g-5)  (Blank).
 5        (h)  The Illinois Department of State Police shall be the
 6    State  central  repository  for  all  genetic marker grouping
 7    analysis information obtained  pursuant  to  this  Act.   The
 8    Illinois  Department of State Police may promulgate rules for
 9    the form and manner of the collection of  blood,  saliva,  or
10    tissue samples and other procedures for the operation of this
11    Act.   The  provisions of the Administrative Review Law shall
12    apply to all actions taken under the rules so promulgated.
13        (i)  A person required to provide  a  blood,  saliva,  or
14    tissue  specimen  shall  cooperate with the collection of the
15    specimen and any deliberate act by that  person  intended  to
16    impede, delay or stop the collection of the blood, saliva, or
17    tissue specimen is a Class A misdemeanor.
18        (j)  Any  person  required  by  subsection  (a) to submit
19    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
20    Department of State Police for  analysis  and  categorization
21    into  genetic  marker  grouping,  in  addition  to  any other
22    disposition, penalty, or fine imposed, shall pay an  analysis
23    fee  of $200.  If the analysis fee is not paid at the time of
24    sentencing, the court shall establish a fee schedule by which
25    the entire amount of the analysis fee shall be paid in  full,
26    such  schedule  not  to  exceed  24  months  from the time of
27    conviction.  The inability to pay this analysis fee shall not
28    be the sole ground to incarcerate the person.
29        (k)  All analysis and categorization fees provided for by
30    subsection (j) shall be regulated as follows:
31             (1)  The State Offender  DNA  Identification  System
32        Fund  is  hereby  created  as a special fund in the State
33        Treasury.
34             (2)  All fees shall be collected by the clerk of the
 
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 1        court  and  forwarded   to   the   State   Offender   DNA
 2        Identification System Fund for deposit.  The clerk of the
 3        circuit  court  may  retain  the  amount of $10 from each
 4        collected analysis fee  to  offset  administrative  costs
 5        incurred  in  carrying  out  the clerk's responsibilities
 6        under this Section.
 7             (3)  Fees deposited  into  the  State  Offender  DNA
 8        Identification  System  Fund  shall  be  used by Illinois
 9        State Police crime  laboratories  as  designated  by  the
10        Director  of  State  Police.   These  funds  shall  be in
11        addition to any allocations  made  pursuant  to  existing
12        laws  and  shall  be  designated for the exclusive use of
13        State crime laboratories.  These uses  may  include,  but
14        are not limited to, the following:
15                  (A)  Costs  incurred  in providing analysis and
16             genetic  marker  categorization   as   required   by
17             subsection (d).
18                  (B)  Costs   incurred  in  maintaining  genetic
19             marker groupings as required by subsection (e).
20                  (C)  Costs  incurred  in   the   purchase   and
21             maintenance  of  equipment  for  use  in  performing
22             analyses.
23                  (D)  Costs  incurred in continuing research and
24             development  of  new  techniques  for  analysis  and
25             genetic marker categorization.
26                  (E)  Costs incurred  in  continuing  education,
27             training,  and  professional development of forensic
28             scientists regularly employed by these laboratories.
29        (l)  The failure of a person to provide a specimen, or of
30    any person or agency to collect a specimen, within the 45 day
31    period shall in no way alter the obligation of the person  to
32    submit  such  specimen,  or  the  authority  of  the Illinois
33    Department of State  Police  or  persons  designated  by  the
34    Department  to  collect the specimen, or the authority of the
 
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 1    Illinois Department of State Police to  accept,  analyze  and
 2    maintain  the  specimen  or  to maintain or upload results of
 3    genetic marker grouping analysis information into a State  or
 4    national database.
 5    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
 6    92-40,  eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600, eff.
 7    6-28-02; 92-829, eff. 8-22-02; 92-854, eff. 12-5-02;  revised
 8    1-20-03.)

 9        Section  90.  The  State Finance Act is amended by adding
10    Section 5.595 as follows:

11        (30 ILCS 105/5.595 new)
12        Sec.  5.595.  The  Illinois  Law   Enforcement   Training
13    Standards Board Costs and Attorney Fees Fund.

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

16        Section 99.  Effective date.  This Act takes effect  upon
17    becoming law.