SB2082 Enrolled LRB094 10920 RXD 41483 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Freedom of Information Act is amended by
5 changing Section 7 as follows:
 
6     (5 ILCS 140/7)  (from Ch. 116, par. 207)
7     Sec. 7. Exemptions.
8     (1) The following shall be exempt from inspection and
9 copying:
10         (a) Information specifically prohibited from
11     disclosure by federal or State law or rules and regulations
12     adopted under federal or State law.
13         (b) Information that, if disclosed, would constitute a
14     clearly unwarranted invasion of personal privacy, unless
15     the disclosure is consented to in writing by the individual
16     subjects of the information. The disclosure of information
17     that bears on the public duties of public employees and
18     officials shall not be considered an invasion of personal
19     privacy. Information exempted under this subsection (b)
20     shall include but is not limited to:
21             (i) files and personal information maintained with
22         respect to clients, patients, residents, students or
23         other individuals receiving social, medical,
24         educational, vocational, financial, supervisory or
25         custodial care or services directly or indirectly from
26         federal agencies or public bodies;
27             (ii) personnel files and personal information
28         maintained with respect to employees, appointees or
29         elected officials of any public body or applicants for
30         those positions;
31             (iii) files and personal information maintained
32         with respect to any applicant, registrant or licensee

 

 

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1         by any public body cooperating with or engaged in
2         professional or occupational registration, licensure
3         or discipline;
4             (iv) information required of any taxpayer in
5         connection with the assessment or collection of any tax
6         unless disclosure is otherwise required by State
7         statute;
8             (v) information revealing the identity of persons
9         who file complaints with or provide information to
10         administrative, investigative, law enforcement or
11         penal agencies; provided, however, that identification
12         of witnesses to traffic accidents, traffic accident
13         reports, and rescue reports may be provided by agencies
14         of local government, except in a case for which a
15         criminal investigation is ongoing, without
16         constituting a clearly unwarranted per se invasion of
17         personal privacy under this subsection; and
18             (vi) the names, addresses, or other personal
19         information of participants and registrants in park
20         district, forest preserve district, and conservation
21         district programs.
22         (c) Records compiled by any public body for
23     administrative enforcement proceedings and any law
24     enforcement or correctional agency for law enforcement
25     purposes or for internal matters of a public body, but only
26     to the extent that disclosure would:
27             (i) interfere with pending or actually and
28         reasonably contemplated law enforcement proceedings
29         conducted by any law enforcement or correctional
30         agency;
31             (ii) interfere with pending administrative
32         enforcement proceedings conducted by any public body;
33             (iii) deprive a person of a fair trial or an
34         impartial hearing;
35             (iv) unavoidably disclose the identity of a
36         confidential source or confidential information

 

 

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1         furnished only by the confidential source;
2             (v) disclose unique or specialized investigative
3         techniques other than those generally used and known or
4         disclose internal documents of correctional agencies
5         related to detection, observation or investigation of
6         incidents of crime or misconduct;
7             (vi) constitute an invasion of personal privacy
8         under subsection (b) of this Section;
9             (vii) endanger the life or physical safety of law
10         enforcement personnel or any other person; or
11             (viii) obstruct an ongoing criminal investigation.
12         (d) Criminal history record information maintained by
13     State or local criminal justice agencies, except the
14     following which shall be open for public inspection and
15     copying:
16             (i) chronologically maintained arrest information,
17         such as traditional arrest logs or blotters;
18             (ii) the name of a person in the custody of a law
19         enforcement agency and the charges for which that
20         person is being held;
21             (iii) court records that are public;
22             (iv) records that are otherwise available under
23         State or local law; or
24             (v) records in which the requesting party is the
25         individual identified, except as provided under part
26         (vii) of paragraph (c) of subsection (1) of this
27         Section.
28         "Criminal history record information" means data
29     identifiable to an individual and consisting of
30     descriptions or notations of arrests, detentions,
31     indictments, informations, pre-trial proceedings, trials,
32     or other formal events in the criminal justice system or
33     descriptions or notations of criminal charges (including
34     criminal violations of local municipal ordinances) and the
35     nature of any disposition arising therefrom, including
36     sentencing, court or correctional supervision,

 

 

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1     rehabilitation and release. The term does not apply to
2     statistical records and reports in which individuals are
3     not identified and from which their identities are not
4     ascertainable, or to information that is for criminal
5     investigative or intelligence purposes.
6         (e) Records that relate to or affect the security of
7     correctional institutions and detention facilities.
8         (f) Preliminary drafts, notes, recommendations,
9     memoranda and other records in which opinions are
10     expressed, or policies or actions are formulated, except
11     that a specific record or relevant portion of a record
12     shall not be exempt when the record is publicly cited and
13     identified by the head of the public body. The exemption
14     provided in this paragraph (f) extends to all those records
15     of officers and agencies of the General Assembly that
16     pertain to the preparation of legislative documents.
17         (g) Trade secrets and commercial or financial
18     information obtained from a person or business where the
19     trade secrets or information are proprietary, privileged
20     or confidential, or where disclosure of the trade secrets
21     or information may cause competitive harm, including all
22     information determined to be confidential under Section
23     4002 of the Technology Advancement and Development Act.
24     Nothing contained in this paragraph (g) shall be construed
25     to prevent a person or business from consenting to
26     disclosure.
27         (h) Proposals and bids for any contract, grant, or
28     agreement, including information which if it were
29     disclosed would frustrate procurement or give an advantage
30     to any person proposing to enter into a contractor
31     agreement with the body, until an award or final selection
32     is made. Information prepared by or for the body in
33     preparation of a bid solicitation shall be exempt until an
34     award or final selection is made.
35         (i) Valuable formulae, computer geographic systems,
36     designs, drawings and research data obtained or produced by

 

 

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1     any public body when disclosure could reasonably be
2     expected to produce private gain or public loss. The
3     exemption for "computer geographic systems" provided in
4     this paragraph (i) does not extend to requests made by news
5     media as defined in Section 2 of this Act when the
6     requested information is not otherwise exempt and the only
7     purpose of the request is to access and disseminate
8     information regarding the health, safety, welfare, or
9     legal rights of the general public.
10         (j) Test questions, scoring keys and other examination
11     data used to administer an academic examination or
12     determined the qualifications of an applicant for a license
13     or employment.
14         (k) Architects' plans, engineers' technical
15     submissions, and other construction related technical
16     documents for projects not constructed or developed in
17     whole or in part with public funds and the same for
18     projects constructed or developed with public funds, but
19     only to the extent that disclosure would compromise
20     security, including but not limited to water treatment
21     facilities, airport facilities, sport stadiums, convention
22     centers, and all government owned, operated, or occupied
23     buildings.
24         (l) Library circulation and order records identifying
25     library users with specific materials.
26         (m) Minutes of meetings of public bodies closed to the
27     public as provided in the Open Meetings Act until the
28     public body makes the minutes available to the public under
29     Section 2.06 of the Open Meetings Act.
30         (n) Communications between a public body and an
31     attorney or auditor representing the public body that would
32     not be subject to discovery in litigation, and materials
33     prepared or compiled by or for a public body in
34     anticipation of a criminal, civil or administrative
35     proceeding upon the request of an attorney advising the
36     public body, and materials prepared or compiled with

 

 

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1     respect to internal audits of public bodies.
2         (o) Information received by a primary or secondary
3     school, college or university under its procedures for the
4     evaluation of faculty members by their academic peers.
5         (p) Administrative or technical information associated
6     with automated data processing operations, including but
7     not limited to software, operating protocols, computer
8     program abstracts, file layouts, source listings, object
9     modules, load modules, user guides, documentation
10     pertaining to all logical and physical design of
11     computerized systems, employee manuals, and any other
12     information that, if disclosed, would jeopardize the
13     security of the system or its data or the security of
14     materials exempt under this Section.
15         (q) Documents or materials relating to collective
16     negotiating matters between public bodies and their
17     employees or representatives, except that any final
18     contract or agreement shall be subject to inspection and
19     copying.
20         (r) Drafts, notes, recommendations and memoranda
21     pertaining to the financing and marketing transactions of
22     the public body. The records of ownership, registration,
23     transfer, and exchange of municipal debt obligations, and
24     of persons to whom payment with respect to these
25     obligations is made.
26         (s) The records, documents and information relating to
27     real estate purchase negotiations until those negotiations
28     have been completed or otherwise terminated. With regard to
29     a parcel involved in a pending or actually and reasonably
30     contemplated eminent domain proceeding under Article VII
31     of the Code of Civil Procedure, records, documents and
32     information relating to that parcel shall be exempt except
33     as may be allowed under discovery rules adopted by the
34     Illinois Supreme Court. The records, documents and
35     information relating to a real estate sale shall be exempt
36     until a sale is consummated.

 

 

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1         (t) Any and all proprietary information and records
2     related to the operation of an intergovernmental risk
3     management association or self-insurance pool or jointly
4     self-administered health and accident cooperative or pool.
5         (u) Information concerning a university's adjudication
6     of student or employee grievance or disciplinary cases, to
7     the extent that disclosure would reveal the identity of the
8     student or employee and information concerning any public
9     body's adjudication of student or employee grievances or
10     disciplinary cases, except for the final outcome of the
11     cases.
12         (v) Course materials or research materials used by
13     faculty members.
14         (w) Information related solely to the internal
15     personnel rules and practices of a public body.
16         (x) Information contained in or related to
17     examination, operating, or condition reports prepared by,
18     on behalf of, or for the use of a public body responsible
19     for the regulation or supervision of financial
20     institutions or insurance companies, unless disclosure is
21     otherwise required by State law.
22         (y) Information the disclosure of which is restricted
23     under Section 5-108 of the Public Utilities Act.
24         (z) Manuals or instruction to staff that relate to
25     establishment or collection of liability for any State tax
26     or that relate to investigations by a public body to
27     determine violation of any criminal law.
28         (aa) Applications, related documents, and medical
29     records received by the Experimental Organ Transplantation
30     Procedures Board and any and all documents or other records
31     prepared by the Experimental Organ Transplantation
32     Procedures Board or its staff relating to applications it
33     has received.
34         (bb) Insurance or self insurance (including any
35     intergovernmental risk management association or self
36     insurance pool) claims, loss or risk management

 

 

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1     information, records, data, advice or communications.
2         (cc) Information and records held by the Department of
3     Public Health and its authorized representatives relating
4     to known or suspected cases of sexually transmissible
5     disease or any information the disclosure of which is
6     restricted under the Illinois Sexually Transmissible
7     Disease Control Act.
8         (dd) Information the disclosure of which is exempted
9     under Section 30 of the Radon Industry Licensing Act.
10         (ee) Firm performance evaluations under Section 55 of
11     the Architectural, Engineering, and Land Surveying
12     Qualifications Based Selection Act.
13         (ff) Security portions of system safety program plans,
14     investigation reports, surveys, schedules, lists, data, or
15     information compiled, collected, or prepared by or for the
16     Regional Transportation Authority under Section 2.11 of
17     the Regional Transportation Authority Act or the St. Clair
18     County Transit District under the Bi-State Transit Safety
19     Act.
20         (gg) Information the disclosure of which is restricted
21     and exempted under Section 50 of the Illinois Prepaid
22     Tuition Act.
23         (hh) Information the disclosure of which is exempted
24     under the State Officials and Employees Ethics Act.
25         (ii) Beginning July 1, 1999, information that would
26     disclose or might lead to the disclosure of secret or
27     confidential information, codes, algorithms, programs, or
28     private keys intended to be used to create electronic or
29     digital signatures under the Electronic Commerce Security
30     Act.
31         (jj) Information contained in a local emergency energy
32     plan submitted to a municipality in accordance with a local
33     emergency energy plan ordinance that is adopted under
34     Section 11-21.5-5 of the Illinois Municipal Code.
35         (kk) Information and data concerning the distribution
36     of surcharge moneys collected and remitted by wireless

 

 

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1     carriers under the Wireless Emergency Telephone Safety
2     Act.
3         (ll) Vulnerability assessments, security measures, and
4     response policies or plans that are designed to identify,
5     prevent, or respond to potential attacks upon a community's
6     population or systems, facilities, or installations, the
7     destruction or contamination of which would constitute a
8     clear and present danger to the health or safety of the
9     community, but only to the extent that disclosure could
10     reasonably be expected to jeopardize the effectiveness of
11     the measures or the safety of the personnel who implement
12     them or the public. Information exempt under this item may
13     include such things as details pertaining to the
14     mobilization or deployment of personnel or equipment, to
15     the operation of communication systems or protocols, or to
16     tactical operations.
17         (mm) Maps and other records regarding the location or
18     security of a utility's generation, transmission,
19     distribution, storage, gathering, treatment, or switching
20     facilities.
21         (nn) Law enforcement officer identification
22     information or driver identification information compiled
23     by a law enforcement agency or the Department of
24     Transportation under Section 11-212 of the Illinois
25     Vehicle Code.
26         (oo) Records and information provided to a residential
27     health care facility resident sexual assault and death
28     review team or the Residential Health Care Facility
29     Resident Sexual Assault and Death Review Teams Executive
30     Council under the Residential Health Care Facility
31     Resident Sexual Assault and Death Review Team Act.
32         (pp) Defense budgets and petitions for certification
33     of compensation and expenses for court appointed trial
34     counsel as provided under Sections 10 and 15 of the Capital
35     Crimes Litigation Act. This subsection (pp) shall apply
36     until the conclusion of the trial and appeal of the case,

 

 

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1     even if the prosecution chooses not to pursue the death
2     penalty prior to trial or sentencing.
3     (2) This Section does not authorize withholding of
4 information or limit the availability of records to the public,
5 except as stated in this Section or otherwise provided in this
6 Act.
7 (Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01; 92-281,
8 eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff. 7-11-02; 93-43,
9 eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03;
10 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff.
11 8-21-03; 93-617, eff. 12-9-03.)
 
12     Section 10. The Capital Crimes Litigation Act is amended by
13 changing Sections 10 and 15 as follows:
 
14     (725 ILCS 124/10)
15     Sec. 10. Court appointed trial counsel; compensation and
16 expenses.
17     (a) This Section applies only to compensation and expenses
18 of trial counsel appointed by the court as set forth in Section
19 5, other than public defenders, for the period after
20 arraignment and so long as the State's Attorney has not, at any
21 time, filed a certificate indicating he or she will not seek
22 the death penalty or stated on the record in open court that
23 the death penalty will not be sought.
24     (a-5) Litigation budget.
25         (1) In a case in which the State has filed a statement
26     of intent to seek the death penalty, the court shall
27     require appointed counsel, including those appointed in
28     Cook County, after counsel has had adequate time to review
29     the case and prior to engaging trial assistance, to submit
30     a proposed estimated litigation budget for court approval,
31     that will be subject to modification in light of facts and
32     developments that emerge as the case proceeds. Case budgets
33     should be submitted ex parte and filed and maintained under
34     seal in order to protect the defendant's right to effective

 

 

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1     assistance of counsel, right not to incriminate him or
2     herself and all applicable privileges. Case budgets shall
3     be reviewed and approved by the judge assigned to try the
4     case. As provided under subsection (c) of this Section,
5     petitions for compensation shall be reviewed by both the
6     trial judge and the presiding judge or the presiding
7     judge's designee.
8         (2) The litigation budget shall serve purposes
9     comparable to those of private retainer agreements by
10     confirming both the court's and the attorney's
11     expectations regarding fees and expenses. Consideration
12     should be given to employing an ex parte pretrial
13     conference in order to facilitate reaching agreement on a
14     litigation budget at the earliest opportunity.
15         (3) The budget shall be incorporated into a sealed
16     initial pretrial order that reflects the understandings of
17     the court and counsel regarding all matters affecting
18     counsel compensation and reimbursement and payments for
19     investigative, expert and other services, including but
20     not limited to the following matters:
21             (A) The hourly rate at which counsel will be
22         compensated;
23             (B) The hourly rate at which private
24         investigators, other than investigators employed by
25         the Office of the State Appellate Defender, will be
26         compensated; and
27             (C) The best preliminary estimate that can be made
28         of the cost of all services, including, but not limited
29         to, counsel, expert, and investigative services, that
30         are likely to be needed through the guilt and penalty
31         phases of the trial. The court shall have discretion to
32         require that budgets be prepared for shorter intervals
33         of time.
34         (4) Appointed counsel may obtain, subject to later
35     review, investigative, expert or other services without
36     prior authorization if necessary for an adequate defense.

 

 

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1     If such services are obtained, the presiding judge or the
2     presiding judge's designee shall consider in an ex parte
3     proceeding that timely procurement of necessary services
4     could not await prior authorization. If an ex parte hearing
5     is requested by defense counsel or deemed necessary by the
6     trial judge prior to modifying a budget, the ex parte
7     hearing shall be before the presiding judge or the
8     presiding judge's designee. The judge may then authorize
9     such services nunc pro tunc. If the presiding judge or the
10     presiding judge's designee finds that the services were not
11     reasonable, payment may be denied.
12         (5) An approved budget shall guide counsel's use of
13     time and resources by indicating the services for which
14     compensation is authorized. The case budget shall be
15     re-evaluated when justified by changed or unexpected
16     circumstances and shall be modified by the court when
17     reasonable and necessary for an adequate defense. If an ex
18     parte hearing is requested by defense counsel or deemed
19     necessary by the trial judge prior to modifying a budget,
20     the ex parte hearing shall be before the presiding judge or
21     the presiding judge's designee.
22     (b) Appointed trial counsel shall be compensated upon
23 presentment and certification by the circuit court of a claim
24 for services detailing the date, activity, and time duration
25 for which compensation is sought. Compensation for appointed
26 trial counsel may be paid at a reasonable rate not to exceed
27 $125 per hour. The court shall not authorize payment of bills
28 that are not properly itemized. A request for payment shall be
29 presented under seal and reviewed ex parte with a court
30 reporter present.
31     Beginning in 2001, every January 20, the statutory rate
32 prescribed in this subsection shall be automatically increased
33 or decreased, as applicable, by a percentage equal to the
34 percentage change in the consumer price index-u during the
35 preceding 12-month calendar year. "Consumer price index-u"
36 means the index published by the Bureau of Labor Statistics of

 

 

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1 the United States Department of Labor that measures the average
2 change in prices of goods and services purchased by all urban
3 consumers, United States city average, all items, 1982-84=100.
4 The new rate resulting from each annual adjustment shall be
5 determined by the State Treasurer and made available to the
6 chief judge of each judicial circuit.
7     (c) Appointed trial counsel may also petition the court for
8 certification of expenses for reasonable and necessary capital
9 litigation expenses including, but not limited to,
10 investigatory and other assistance, expert, forensic, and
11 other witnesses, and mitigation specialists. Counsel may not
12 petition for certification of expenses that may have been
13 provided or compensated by the State Appellate Defender under
14 item (c)(5) of Section 10 of the State Appellate Defender Act.
15 The petitions shall be filed under seal and considered ex parte
16 but with a court reporter present for all ex parte conferences.
17 If the requests are submitted after services have been
18 rendered, the requests shall be supported by an invoice
19 describing the services rendered, the dates the services were
20 performed and the amount of time spent. These petitions shall
21 be reviewed by both the trial judge and the presiding judge of
22 the circuit court or the presiding judge's designee. The
23 petitions and orders shall be kept under seal and shall be
24 exempt from Freedom of Information requests until the
25 conclusion of the trial, even if the prosecution chooses not to
26 pursue the death penalty prior to trial or sentencing. If an ex
27 parte hearing is requested by defense counsel or deemed
28 necessary by the trial judge, the hearing shall be before the
29 presiding judge or the presiding judge's designee.
30     (d) Appointed trial counsel shall petition the court for
31 certification of compensation and expenses under this Section
32 periodically during the course of counsel's representation.
33 The petitions shall be supported by itemized bills showing the
34 date, the amount of time spent, the work done and the total
35 being charged for each entry. The court shall not authorize
36 payment of bills that are not properly itemized. The petitions

 

 

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1 shall be filed under seal and considered ex parte but with a
2 court reporter present for all ex parte conferences. The
3 petitions shall be reviewed by both the trial judge and the
4 presiding judge of the circuit court or the presiding judge's
5 designee. If an ex parte hearing is requested by defense
6 counsel or deemed necessary by the trial judge, the ex parte
7 hearing shall be before the presiding judge or the presiding
8 judge's designee. If the court determines that the compensation
9 and expenses should be paid from the Capital Litigation Trust
10 Fund, the court shall certify, on a form created by the State
11 Treasurer, that all or a designated portion of the amount
12 requested is reasonable, necessary, and appropriate for
13 payment from the Trust Fund. Certification of compensation and
14 expenses by a court in any county other than Cook County shall
15 be delivered by the court to the State Treasurer and paid by
16 the State Treasurer directly from the Capital Litigation Trust
17 Fund if there are sufficient moneys in the Trust Fund to pay
18 the compensation and expenses. The petitions and orders shall
19 be kept under seal and shall be exempt from Freedom of
20 Information requests until the conclusion of the trial and
21 appeal of the case, even if the prosecution chooses not to
22 pursue the death penalty prior to trial or sentencing.
23 Certification of compensation and expenses by a court in Cook
24 County shall be delivered by the court to the county treasurer
25 and paid by the county treasurer from moneys granted to the
26 county from the Capital Litigation Trust Fund.
27 (Source: P.A. 91-589, eff. 1-1-00.)
 
28     (725 ILCS 124/15)
29     Sec. 15. Capital Litigation Trust Fund.
30     (a) The Capital Litigation Trust Fund is created as a
31 special fund in the State Treasury. The Trust Fund shall be
32 administered by the State Treasurer to provide moneys for the
33 appropriations to be made, grants to be awarded, and
34 compensation and expenses to be paid under this Act. All
35 interest earned from the investment or deposit of moneys

 

 

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1 accumulated in the Trust Fund shall, under Section 4.1 of the
2 State Finance Act, be deposited into the Trust Fund.
3     (b) Moneys deposited into the Trust Fund shall not be
4 considered general revenue of the State of Illinois.
5     (c) Moneys deposited into the Trust Fund shall be used
6 exclusively for the purposes of providing funding for the
7 prosecution and defense of capital cases and for providing
8 funding for post-conviction proceedings in capital cases under
9 Article 122 of the Code of Criminal Procedure of 1963 and in
10 relation to petitions filed under Section 2-1401 of the Code of
11 Civil Procedure in relation to capital cases as provided in
12 this Act and shall not be appropriated, loaned, or in any
13 manner transferred to the General Revenue Fund of the State of
14 Illinois.
15     (d) Every fiscal year the State Treasurer shall transfer
16 from the General Revenue Fund to the Capital Litigation Trust
17 Fund an amount equal to the full amount of moneys appropriated
18 by the General Assembly (both by original and supplemental
19 appropriation), less any unexpended balance from the previous
20 fiscal year, from the Capital Litigation Trust Fund for the
21 specific purpose of making funding available for the
22 prosecution and defense of capital cases and for the litigation
23 expenses associated with post-conviction proceedings in
24 capital cases under Article 122 of the Code of Criminal
25 Procedure of 1963 and in relation to petitions filed under
26 Section 2-1401 of the Code of Civil Procedure in relation to
27 capital cases. The Public Defender and State's Attorney in Cook
28 County, the State Appellate Defender, the State's Attorneys
29 Appellate Prosecutor, and the Attorney General shall make
30 annual requests for appropriations from the Trust Fund.
31         (1) The Public Defender in Cook County shall request
32     appropriations to the State Treasurer for expenses
33     incurred by the Public Defender and for funding for private
34     appointed defense counsel in Cook County.
35         (2) The State's Attorney in Cook County shall request
36     an appropriation to the State Treasurer for expenses

 

 

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1     incurred by the State's Attorney.
2         (3) The State Appellate Defender shall request a direct
3     appropriation from the Trust Fund for expenses incurred by
4     the State Appellate Defender in providing assistance to
5     trial attorneys under item (c)(5) of Section 10 of the
6     State Appellate Defender Act and for expenses incurred by
7     the State Appellate Defender in representing petitioners
8     in capital cases in post-conviction proceedings under
9     Article 122 of the Code of Criminal Procedure of 1963 and
10     in relation to petitions filed under Section 2-1401 of the
11     Code of Civil Procedure in relation to capital cases and
12     for the representation of those petitioners by attorneys
13     approved by or contracted with the State Appellate Defender
14     and an appropriation to the State Treasurer for payments
15     from the Trust Fund for the defense of cases in counties
16     other than Cook County.
17         (4) The State's Attorneys Appellate Prosecutor shall
18     request a direct appropriation from the Trust Fund to pay
19     expenses incurred by the State's Attorneys Appellate
20     Prosecutor and an appropriation to the State Treasurer for
21     payments from the Trust Fund for expenses incurred by
22     State's Attorneys in counties other than Cook County.
23         (5) The Attorney General shall request a direct
24     appropriation from the Trust Fund to pay expenses incurred
25     by the Attorney General in assisting the State's Attorneys
26     in counties other than Cook County and to pay for expenses
27     incurred by the Attorney General when the Attorney General
28     is ordered by the presiding judge of the Criminal Division
29     of the Circuit Court of Cook County to prosecute or
30     supervise the prosecution of Cook County cases and for
31     expenses incurred by the Attorney General in representing
32     the State in post-conviction proceedings in capital cases
33     under Article 122 of the Code of Criminal Procedure of 1963
34     and in relation to petitions filed under Section 2-1401 of
35     the Code of Civil Procedure in relation to capital cases.
36     The Public Defender and State's Attorney in Cook County,

 

 

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1 the State Appellate Defender, the State's Attorneys Appellate
2 Prosecutor, and the Attorney General may each request
3 supplemental appropriations from the Trust Fund during the
4 fiscal year.
5     (e) Moneys in the Trust Fund shall be expended only as
6 follows:
7         (1) To pay the State Treasurer's costs to administer
8     the Trust Fund. The amount for this purpose may not exceed
9     5% in any one fiscal year of the amount otherwise
10     appropriated from the Trust Fund in the same fiscal year.
11         (2) To pay the capital litigation expenses of trial
12     defense and post-conviction proceedings in capital cases
13     under Article 122 of the Code of Criminal Procedure of 1963
14     and in relation to petitions filed under Section 2-1401 of
15     the Code of Civil Procedure in relation to capital cases
16     including, but not limited to, DNA testing, including DNA
17     testing under Section 116-3 of the Code of Criminal
18     Procedure of 1963, analysis, and expert testimony,
19     investigatory and other assistance, expert, forensic, and
20     other witnesses, and mitigation specialists, and grants
21     and aid provided to public defenders, appellate defenders,
22     and any attorney approved by or contracted with the State
23     Appellate Defender representing petitioners in
24     post-conviction proceedings in capital cases under Article
25     122 of the Code of Criminal Procedure of 1963 and in
26     relation to petitions filed under Section 2-1401 of the
27     Code of Civil Procedure in relation to capital cases or
28     assistance to attorneys who have been appointed by the
29     court to represent defendants who are charged with capital
30     crimes.
31         (3) To pay the compensation of trial attorneys, other
32     than public defenders or appellate defenders, who have been
33     appointed by the court to represent defendants who are
34     charged with capital crimes or attorneys approved by or
35     contracted with the State Appellate Defender to represent
36     petitioners in post-conviction proceedings in capital

 

 

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1     cases under Article 122 of the Code of Criminal Procedure
2     of 1963 and in relation to petitions filed under Section
3     2-1401 of the Code of Civil Procedure in relation to
4     capital cases.
5         (4) To provide State's Attorneys with funding for
6     capital litigation expenses and for expenses of
7     representing the State in post-conviction proceedings in
8     capital cases under Article 122 of the Code of Criminal
9     Procedure of 1963 and in relation to petitions filed under
10     Section 2-1401 of the Code of Civil Procedure in relation
11     to capital cases including, but not limited to,
12     investigatory and other assistance and expert, forensic,
13     and other witnesses necessary to prosecute capital cases.
14     State's Attorneys in any county other than Cook County
15     seeking funding for capital litigation expenses and for
16     expenses of representing the State in post-conviction
17     proceedings in capital cases under Article 122 of the Code
18     of Criminal Procedure of 1963 and in relation to petitions
19     filed under Section 2-1401 of the Code of Civil Procedure
20     in relation to capital cases including, but not limited to,
21     investigatory and other assistance and expert, forensic,
22     or other witnesses under this Section may request that the
23     State's Attorneys Appellate Prosecutor or the Attorney
24     General, as the case may be, certify the expenses as
25     reasonable, necessary, and appropriate for payment from
26     the Trust Fund, on a form created by the State Treasurer.
27     Upon certification of the expenses and delivery of the
28     certification to the State Treasurer, the Treasurer shall
29     pay the expenses directly from the Capital Litigation Trust
30     Fund if there are sufficient moneys in the Trust Fund to
31     pay the expenses.
32         (5) To provide financial support through the Attorney
33     General pursuant to the Attorney General Act for the
34     several county State's Attorneys outside of Cook County,
35     but shall not be used to increase personnel for the
36     Attorney General's Office, except when the Attorney

 

 

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1     General is ordered by the presiding judge of the Criminal
2     Division of the Circuit Court of Cook County to prosecute
3     or supervise the prosecution of Cook County cases.
4         (6) To provide financial support through the State's
5     Attorneys Appellate Prosecutor pursuant to the State's
6     Attorneys Appellate Prosecutor's Act for the several
7     county State's Attorneys outside of Cook County, but shall
8     not be used to increase personnel for the State's Attorneys
9     Appellate Prosecutor.
10         (7) To provide financial support to the State Appellate
11     Defender pursuant to the State Appellate Defender Act.
12     Moneys expended from the Trust Fund shall be in addition to
13 county funding for Public Defenders and State's Attorneys, and
14 shall not be used to supplant or reduce ordinary and customary
15 county funding.
16     (f) Moneys in the Trust Fund shall be appropriated to the
17 State Appellate Defender, the State's Attorneys Appellate
18 Prosecutor, the Attorney General, and the State Treasurer. The
19 State Appellate Defender shall receive an appropriation from
20 the Trust Fund to enable it to provide assistance to appointed
21 defense counsel and attorneys approved by or contracted with
22 the State Appellate Defender to represent petitioners in
23 post-conviction proceedings in capital cases under Article 122
24 of the Code of Criminal Procedure of 1963 and in relation to
25 petitions filed under Section 2-1401 of the Code of Civil
26 Procedure in relation to capital cases throughout the State and
27 to Public Defenders in counties other than Cook. The State's
28 Attorneys Appellate Prosecutor and the Attorney General shall
29 receive appropriations from the Trust Fund to enable them to
30 provide assistance to State's Attorneys in counties other than
31 Cook County and when the Attorney General is ordered by the
32 presiding judge of the Criminal Division of the Circuit Court
33 of Cook County to prosecute or supervise the prosecution of
34 Cook County cases. Moneys shall be appropriated to the State
35 Treasurer to enable the Treasurer (i) to make grants to Cook
36 County, (ii) to pay the expenses of Public Defenders, the State

 

 

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1 Appellate Defender, the Attorney General, the Office of the
2 State's Attorneys Appellate Prosecutor, and State's Attorneys
3 in counties other than Cook County, (iii) to pay the expenses
4 and compensation of appointed defense counsel and attorneys
5 approved by or contracted with the State Appellate Defender to
6 represent petitioners in post-conviction proceedings in
7 capital cases under Article 122 of the Code of Criminal
8 Procedure of 1963 and in relation to petitions filed under
9 Section 2-1401 of the Code of Civil Procedure in relation to
10 capital cases in counties other than Cook County, and (iv) to
11 pay the costs of administering the Trust Fund. All expenditures
12 and grants made from the Trust Fund shall be subject to audit
13 by the Auditor General.
14     (g) For Cook County, grants from the Trust Fund shall be
15 made and administered as follows:
16         (1) For each State fiscal year, the State's Attorney
17     and Public Defender must each make a separate application
18     to the State Treasurer for capital litigation grants.
19         (2) The State Treasurer shall establish rules and
20     procedures for grant applications. The rules shall require
21     the Cook County Treasurer as the grant recipient to report
22     on a periodic basis to the State Treasurer how much of the
23     grant has been expended, how much of the grant is
24     remaining, and the purposes for which the grant has been
25     used. The rules may also require the Cook County Treasurer
26     to certify on a periodic basis that expenditures of the
27     funds have been made for expenses that are reasonable,
28     necessary, and appropriate for payment from the Trust Fund.
29         (3) The State Treasurer shall make the grants to the
30     Cook County Treasurer as soon as possible after the
31     beginning of the State fiscal year.
32         (4) The State's Attorney or Public Defender may apply
33     for supplemental grants during the fiscal year.
34         (5) Grant moneys shall be paid to the Cook County
35     Treasurer in block grants and held in separate accounts for
36     the State's Attorney, the Public Defender, and court

 

 

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1     appointed defense counsel other than the Cook County Public
2     Defender, respectively, for the designated fiscal year,
3     and are not subject to county appropriation.
4         (6) Expenditure of grant moneys under this subsection
5     (g) is subject to audit by the Auditor General.
6         (7) The Cook County Treasurer shall immediately make
7     payment from the appropriate separate account in the county
8     treasury for capital litigation expenses to the State's
9     Attorney, Public Defender, or court appointed defense
10     counsel other than the Public Defender, as the case may be,
11     upon order of the State's Attorney, Public Defender or the
12     court, respectively.
13     (h) If a defendant in a capital case in Cook County is
14 represented by court appointed counsel other than the Cook
15 County Public Defender, the appointed counsel shall petition
16 the court for an order directing the Cook County Treasurer to
17 pay the court appointed counsel's reasonable and necessary
18 compensation and capital litigation expenses from grant moneys
19 provided from the Trust Fund. The petitions shall be supported
20 by itemized bills showing the date, the amount of time spent,
21 the work done and the total being charged for each entry. The
22 court shall not authorize payment of bills that are not
23 properly itemized. The petitions shall be filed under seal and
24 considered ex parte but with a court reporter present for all
25 ex parte conferences. The petitions shall be reviewed by both
26 the trial judge and the presiding judge of the circuit court or
27 the presiding judge's designee. The petitions and orders shall
28 be kept under seal and shall be exempt from Freedom of
29 Information requests until the conclusion of the trial and
30 appeal of the case, even if the prosecution chooses not to
31 pursue the death penalty prior to trial or sentencing. These
32 petitions shall be considered in camera. Orders denying
33 petitions for compensation or expenses are final. Counsel may
34 not petition for expenses that may have been provided or
35 compensated by the State Appellate Defender under item (c)(5)
36 of Section 10 of the State Appellate Defender Act.

 

 

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1     (i) In counties other than Cook County, and when the
2 Attorney General is ordered by the presiding judge of the
3 Criminal Division of the Circuit Court of Cook County to
4 prosecute or supervise the prosecution of Cook County cases,
5 and excluding capital litigation expenses or services that may
6 have been provided by the State Appellate Defender under item
7 (c)(5) of Section 10 of the State Appellate Defender Act:
8         (1) Upon certification by the circuit court, on a form
9     created by the State Treasurer, that all or a portion of
10     the expenses are reasonable, necessary, and appropriate
11     for payment from the Trust Fund and the court's delivery of
12     the certification to the Treasurer, the Treasurer shall pay
13     the certified expenses of Public Defenders and the State
14     Appellate Defender from the money appropriated to the
15     Treasurer for capital litigation expenses of Public
16     Defenders and post-conviction proceeding expenses in
17     capital cases of the State Appellate Defender and expenses
18     in relation to petitions filed under Section 2-1401 of the
19     Code of Civil Procedure in relation to capital cases in any
20     county other than Cook County, if there are sufficient
21     moneys in the Trust Fund to pay the expenses.
22         (2) If a defendant in a capital case is represented by
23     court appointed counsel other than the Public Defender, the
24     appointed counsel shall petition the court to certify
25     compensation and capital litigation expenses including,
26     but not limited to, investigatory and other assistance,
27     expert, forensic, and other witnesses, and mitigation
28     specialists as reasonable, necessary, and appropriate for
29     payment from the Trust Fund. If a petitioner in a capital
30     case who has filed a petition for post-conviction relief
31     under Article 122 of the Code of Criminal Procedure of 1963
32     or a petition under Section 2-1401 of the Code of Civil
33     Procedure in relation to capital cases is represented by an
34     attorney approved by or contracted with the State Appellate
35     Defender other than the State Appellate Defender, that
36     attorney shall petition the court to certify compensation

 

 

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1     and litigation expenses of post-conviction proceedings
2     under Article 122 of the Code of Criminal Procedure of 1963
3     or in relation to petitions filed under Section 2-1401 of
4     the Code of Civil Procedure in relation to capital cases.
5     Upon certification on a form created by the State Treasurer
6     of all or a portion of the compensation and expenses
7     certified as reasonable, necessary, and appropriate for
8     payment from the Trust Fund and the court's delivery of the
9     certification to the Treasurer, the State Treasurer shall
10     pay the certified compensation and expenses from the money
11     appropriated to the Treasurer for that purpose, if there
12     are sufficient moneys in the Trust Fund to make those
13     payments.
14         (3) A petition for capital litigation expenses or
15     post-conviction proceeding expenses or expenses incurred
16     in filing a petition under Section 2-1401 of the Code of
17     Civil Procedure in relation to capital cases under this
18     subsection shall be considered under seal and reviewed ex
19     parte with a court reporter present in camera. Orders
20     denying petitions for compensation or expenses are final.
21     (j) If the Trust Fund is discontinued or dissolved by an
22 Act of the General Assembly or by operation of law, any balance
23 remaining in the Trust Fund shall be returned to the General
24 Revenue Fund after deduction of administrative costs, any other
25 provision of this Act to the contrary notwithstanding.
26 (Source: P.A. 93-127, eff. 1-1-04; 93-605, eff. 11-19-03;
27 93-972, eff. 8-20-04.)