Illinois General Assembly - Full Text of HB5337
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Full Text of HB5337  102nd General Assembly

HB5337 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5337

 

Introduced 1/31/2022, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7.5
30 ILCS 105/5.970 new
720 ILCS 5/9-1  from Ch. 38, par. 9-1
725 ILCS 5/113-3  from Ch. 38, par. 113-3
725 ILCS 5/119-1
725 ILCS 105/10  from Ch. 38, par. 208-10

    Amends the Code of Criminal Procedure of 1963. Restores the death penalty for the first degree murder of a peace officer killed while performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer. Enacts the Capital Crimes Litigation Act of 2022. Provides specified funding and resources for cases in which a sentence of death is an authorized disposition. Creates the Capital Litigation Trust Fund. Provides that all unobligated and unexpended moneys in the Death Penalty Abolition Fund are transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a sentence of death is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases. Amends the Freedom of Information Act, the State Finance Act, and the Criminal Code of 2012 to make conforming changes.


LRB102 23034 RLC 32188 b

 

 

A BILL FOR

 

HB5337LRB102 23034 RLC 32188 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Capital Crimes Litigation Act of 2022.
 
6    Section 5. Appointment of trial counsel in death penalty
7cases. If an indigent defendant is charged with an offense for
8which a sentence of death is authorized, and the State's
9Attorney has not, at or before arraignment, filed a
10certificate indicating he or she will not seek the death
11penalty or stated on the record in open court that the death
12penalty will not be sought, the trial court shall immediately
13appoint the Public Defender, or any other qualified attorney
14or attorneys as the Illinois Supreme Court shall by rule
15provide, to represent the defendant as trial counsel. If the
16Public Defender is appointed, he or she shall immediately
17assign the attorney or attorneys who are public defenders to
18represent the defendant. The counsel shall meet the
19qualifications as the Supreme Court shall by rule provide. At
20the request of court appointed counsel in a case in which the
21death penalty is sought, attorneys employed by the State
22Appellate Defender may enter an appearance for the limited
23purpose of assisting counsel appointed under this Section.
 

 

 

HB5337- 2 -LRB102 23034 RLC 32188 b

1    Section 10. Court appointed trial counsel; compensation
2and expenses.
3    (a) This Section applies only to compensation and expenses
4of trial counsel appointed by the court as set forth in Section
55, other than public defenders, for the period after
6arraignment and so long as the State's Attorney has not, at any
7time, filed a certificate indicating he or she will not seek
8the death penalty or stated on the record in open court that
9the death penalty will not be sought.
10    (a-5) Litigation budget.
11        (1) In a case in which the State has filed a statement
12    of intent to seek the death penalty, the court shall
13    require appointed counsel, including those appointed in
14    Cook County, after counsel has had adequate time to review
15    the case and prior to engaging trial assistance, to submit
16    a proposed estimated litigation budget for court approval,
17    that will be subject to modification in light of facts and
18    developments that emerge as the case proceeds. Case
19    budgets should be submitted ex parte and filed and
20    maintained under seal in order to protect the defendant's
21    right to effective assistance of counsel, right not to
22    incriminate him or herself and all applicable privileges.
23    Case budgets shall be reviewed and approved by the judge
24    assigned to try the case. As provided under subsection (c)
25    of this Section, petitions for compensation shall be

 

 

HB5337- 3 -LRB102 23034 RLC 32188 b

1    reviewed by both the trial judge and the presiding judge
2    or the presiding judge's designee.
3        (2) The litigation budget shall serve purposes
4    comparable to those of private retainer agreements by
5    confirming both the court's and the attorney's
6    expectations regarding fees and expenses. Consideration
7    should be given to employing an ex parte pretrial
8    conference in order to facilitate reaching agreement on a
9    litigation budget at the earliest opportunity.
10        (3) The budget shall be incorporated into a sealed
11    initial pretrial order that reflects the understandings of
12    the court and counsel regarding all matters affecting
13    counsel compensation and reimbursement and payments for
14    investigative, expert and other services, including but
15    not limited to the following matters:
16            (A) the hourly rate at which counsel will be
17        compensated;
18            (B) the hourly rate at which private
19        investigators, other than investigators employed by
20        the Office of the State Appellate Defender, will be
21        compensated; and
22            (C) the best preliminary estimate that can be made
23        of the cost of all services, including, but not
24        limited to, counsel, expert, and investigative
25        services, that are likely to be needed through the
26        guilt and penalty phases of the trial. The court shall

 

 

HB5337- 4 -LRB102 23034 RLC 32188 b

1        have discretion to require that budgets be prepared
2        for shorter intervals of time.
3        (4) Appointed counsel may obtain, subject to later
4    review, investigative, expert or other services without
5    prior authorization if necessary for an adequate defense.
6    If the services are obtained, the presiding judge or the
7    presiding judge's designee shall consider in an ex parte
8    proceeding that timely procurement of necessary services
9    could not await prior authorization. If an ex parte
10    hearing is requested by defense counsel or deemed
11    necessary by the trial judge prior to modifying a budget,
12    the ex parte hearing shall be before the presiding judge
13    or the presiding judge's designee. The judge may then
14    authorize the services nunc pro tunc. If the presiding
15    judge or the presiding judge's designee finds that the
16    services were not reasonable, payment may be denied.
17        (5) An approved budget shall guide counsel's use of
18    time and resources by indicating the services for which
19    compensation is authorized. The case budget shall be
20    re-evaluated when justified by changed or unexpected
21    circumstances and shall be modified by the court when
22    reasonable and necessary for an adequate defense. If an ex
23    parte hearing is requested by defense counsel or deemed
24    necessary by the trial judge prior to modifying a budget,
25    the ex parte hearing shall be before the presiding judge
26    or the presiding judge's designee.

 

 

HB5337- 5 -LRB102 23034 RLC 32188 b

1    (b) Appointed trial counsel shall be compensated upon
2presentment and certification by the circuit court of a claim
3for services detailing the date, activity, and time duration
4for which compensation is sought. Compensation for appointed
5trial counsel may be paid at a reasonable rate not to exceed
6$125 per hour. The court shall not authorize payment of bills
7that are not properly itemized. A request for payment shall be
8presented under seal and reviewed ex parte with a court
9reporter present. Every January 20, the statutory rate
10prescribed in this subsection shall be automatically increased
11or decreased, as applicable, by a percentage equal to the
12percentage change in the consumer price index-u during the
13preceding 12-month calendar year. "Consumer price index-u"
14means the index published by the Bureau of Labor Statistics of
15the United States Department of Labor that measures the
16average change in prices of goods and services purchased by
17all urban consumers, United States city average, all items,
181982-84=100. The new rate resulting from each annual
19adjustment shall be determined by the State Treasurer and made
20available to the chief judge of each judicial circuit.
21    (c) Appointed trial counsel may also petition the court
22for certification of expenses for reasonable and necessary
23capital litigation expenses including, but not limited to,
24investigatory and other assistance, expert, forensic, and
25other witnesses, and mitigation specialists. Each provider of
26proposed services must specify the best preliminary estimate

 

 

HB5337- 6 -LRB102 23034 RLC 32188 b

1that can be made in light of information received in the case
2at that point, and the provider must sign this estimate under
3the provisions of Section 1-109 of the Code of Civil
4Procedure. A provider of proposed services must also specify
5(1) his or her hourly rate; (2) the hourly rate of anyone else
6in his or her employ for whom reimbursement is sought; and (3)
7the hourly rate of any person or entity that may be
8subcontracted to perform these services. Counsel may not
9petition for certification of expenses that may have been
10provided or compensated by the State Appellate Defender under
11item (c)(5.1) of Section 10 of the State Appellate Defender
12Act. The petitions shall be filed under seal and considered ex
13parte but with a court reporter present for all ex parte
14conferences. If the requests are submitted after services have
15been rendered, the requests shall be supported by an invoice
16describing the services rendered, the dates the services were
17performed and the amount of time spent. These petitions shall
18be reviewed by both the trial judge and the presiding judge of
19the circuit court or the presiding judge's designee. The
20petitions and orders shall be kept under seal and shall be
21exempt from Freedom of Information requests until the
22conclusion of the trial, even if the prosecution chooses not
23to pursue the death penalty prior to trial or sentencing. If an
24ex parte hearing is requested by defense counsel or deemed
25necessary by the trial judge, the hearing shall be before the
26presiding judge or the presiding judge's designee.

 

 

HB5337- 7 -LRB102 23034 RLC 32188 b

1    (d) Appointed trial counsel shall petition the court for
2certification of compensation and expenses under this Section
3periodically during the course of counsel's representation.
4The petitions shall be supported by itemized bills showing the
5date, the amount of time spent, the work done and the total
6being charged for each entry. The court shall not authorize
7payment of bills that are not properly itemized. The court
8must certify reasonable and necessary expenses of the
9petitioner for travel and per diem (lodging, meals, and
10incidental expenses). These expenses must be paid at the rate
11as promulgated by the United States General Services
12Administration for these expenses for the date and location in
13which they were incurred, unless extraordinary reasons are
14shown for the difference. The petitions shall be filed under
15seal and considered ex parte but with a court reporter present
16for all ex parte conferences. The petitions shall be reviewed
17by both the trial judge and the presiding judge of the circuit
18court or the presiding judge's designee. If an ex parte
19hearing is requested by defense counsel or deemed necessary by
20the trial judge, the ex parte hearing shall be before the
21presiding judge or the presiding judge's designee. If the
22court determines that the compensation and expenses should be
23paid from the Capital Litigation Trust Fund, the court shall
24certify, on a form created by the State Treasurer, that all or
25a designated portion of the amount requested is reasonable,
26necessary, and appropriate for payment from the Trust Fund.

 

 

HB5337- 8 -LRB102 23034 RLC 32188 b

1The form must also be signed by lead trial counsel under the
2provisions of Section 1-109 of the Code of Civil Procedure
3verifying that the amount requested is reasonable, necessary,
4and appropriate. Bills submitted for payment by any individual
5or entity seeking payment from the Capital Litigation Trust
6Fund must also be accompanied by a form created by the State
7Treasurer and signed by the individual or responsible agent of
8the entity under the provisions of Section 1-109 of the Code of
9Civil Procedure that the amount requested is accurate and
10truthful and reflects time spent or expenses incurred.
11Certification of compensation and expenses by a court in any
12county other than Cook County shall be delivered by the court
13to the State Treasurer and must be paid by the State Treasurer
14directly from the Capital Litigation Trust Fund if there are
15sufficient moneys in the Trust Fund to pay the compensation
16and expenses. If the State Treasurer finds within 14 days of
17his or her receipt of a certification that the compensation
18and expenses to be paid are unreasonable, unnecessary, or
19inappropriate, he or she may return the certification to the
20court setting forth in detail the objection or objections with
21a request for the court to review the objection or objections
22before resubmitting the certification. The State Treasurer
23must send the claimant a copy of the objection or objections.
24The State Treasurer may only seek a review of a specific
25objection once. The claimant has 7 days from his or her receipt
26of the objections to file a response with the court. With or

 

 

HB5337- 9 -LRB102 23034 RLC 32188 b

1without further hearing, the court must promptly rule on the
2objections. The petitions and orders shall be kept under seal
3and shall be exempt from Freedom of Information requests until
4the conclusion of the trial and appeal of the case, even if the
5prosecution chooses not to pursue the death penalty prior to
6trial or sentencing. Certification of compensation and
7expenses by a court in Cook County shall be delivered by the
8court to the county treasurer and paid by the county treasurer
9from moneys granted to the county from the Capital Litigation
10Trust Fund.
 
11    Section 15. Capital Litigation Trust Fund.
12    (a) The Capital Litigation Trust Fund is created as a
13special fund in the State Treasury. The Trust Fund shall be
14administered by the State Treasurer to provide moneys for the
15appropriations to be made, grants to be awarded, and
16compensation and expenses to be paid under this Act. All
17interest earned from the investment or deposit of moneys
18accumulated in the Trust Fund shall, under Section 4.1 of the
19State Finance Act, be deposited into the Trust Fund.
20    (b) Moneys deposited into the Trust Fund shall not be
21considered general revenue of the State of Illinois.
22    (c) Moneys deposited into the Trust Fund shall be used
23exclusively for the purposes of providing funding for the
24prosecution and defense of capital cases and for providing
25funding for post-conviction proceedings in capital cases under

 

 

HB5337- 10 -LRB102 23034 RLC 32188 b

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

 

 

HB5337- 11 -LRB102 23034 RLC 32188 b

1    private appointed defense counsel in Cook County.
2        (2) The State's Attorney in Cook County shall request
3    an appropriation to the State Treasurer for expenses
4    incurred by the State's Attorney.
5        (3) The State Appellate Defender shall request a
6    direct appropriation from the Trust Fund for expenses
7    incurred by the State Appellate Defender in providing
8    assistance to trial attorneys under item (c)(5.1) of
9    Section 10 of the State Appellate Defender Act and for
10    expenses incurred by the State Appellate Defender in
11    representing petitioners in capital cases in
12    post-conviction proceedings under Article 122 of the Code
13    of Criminal Procedure of 1963 and in relation to petitions
14    filed under Section 2-1401 of the Code of Civil Procedure
15    in relation to capital cases and for the representation of
16    those petitioners by attorneys approved by or contracted
17    with the State Appellate Defender and an appropriation to
18    the State Treasurer for payments from the Trust Fund for
19    the defense of cases in counties other than Cook County.
20        (4) The Office of the State's Attorneys Appellate
21    Prosecutor shall request a direct appropriation from the
22    Trust Fund to pay expenses incurred by the Office of the
23    State's Attorneys Appellate Prosecutor and an
24    appropriation to the State Treasurer for payments from the
25    Trust Fund for expenses incurred by State's Attorneys in
26    counties other than Cook County.

 

 

HB5337- 12 -LRB102 23034 RLC 32188 b

1        (5) The Attorney General shall request a direct
2    appropriation from the Trust Fund to pay expenses incurred
3    by the Attorney General in assisting the State's Attorneys
4    in counties other than Cook County and to pay for expenses
5    incurred by the Attorney General when the Attorney General
6    is ordered by the presiding judge of the Criminal Division
7    of the Circuit Court of Cook County to prosecute or
8    supervise the prosecution of Cook County cases and for
9    expenses incurred by the Attorney General in representing
10    the State in post-conviction proceedings in capital cases
11    under Article 122 of the Code of Criminal Procedure of
12    1963 and in relation to petitions filed under Section
13    2-1401 of the Code of Civil Procedure in relation to
14    capital cases. The Public Defender and State's Attorney in
15    Cook County, the State Appellate Defender, the State's
16    Attorneys Appellate Prosecutor, and the Attorney General
17    may each request supplemental appropriations from the
18    Trust Fund during the fiscal year.
19    (e) Moneys in the Trust Fund shall be expended only as
20follows:
21        (1) To pay the State Treasurer's costs to administer
22    the Trust Fund. The amount for this purpose may not exceed
23    5% in any one fiscal year of the amount otherwise
24    appropriated from the Trust Fund in the same fiscal year.
25        (2) To pay the capital litigation expenses of trial
26    defense and post-conviction proceedings in capital cases

 

 

HB5337- 13 -LRB102 23034 RLC 32188 b

1    under Article 122 of the Code of Criminal Procedure of
2    1963 and in relation to petitions filed under Section
3    2-1401 of the Code of Civil Procedure in relation to
4    capital cases including, but not limited to, DNA testing,
5    including DNA testing under Section 116-3 of the Code of
6    Criminal Procedure of 1963, analysis, and expert
7    testimony, investigatory and other assistance, expert,
8    forensic, and other witnesses, and mitigation specialists,
9    and grants and aid provided to public defenders, appellate
10    defenders, and any attorney approved by or contracted with
11    the State Appellate Defender representing petitioners in
12    post-conviction proceedings in capital cases under Article
13    122 of the Code of Criminal Procedure of 1963 and in
14    relation to petitions filed under Section 2-1401 of the
15    Code of Civil Procedure in relation to capital cases or
16    assistance to attorneys who have been appointed by the
17    court to represent defendants who are charged with capital
18    crimes. Reasonable and necessary capital litigation
19    expenses include travel and per diem (lodging, meals, and
20    incidental expenses).
21        (3) To pay the compensation of trial attorneys, other
22    than public defenders or appellate defenders, who have
23    been appointed by the court to represent defendants who
24    are charged with capital crimes or attorneys approved by
25    or contracted with the State Appellate Defender to
26    represent petitioners in post-conviction proceedings in

 

 

HB5337- 14 -LRB102 23034 RLC 32188 b

1    capital cases under Article 122 of the Code of Criminal
2    Procedure of 1963 and in relation to petitions filed under
3    Section 2-1401 of the Code of Civil Procedure in relation
4    to 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
21    to, investigatory and other assistance and expert,
22    forensic, or other witnesses under this Section may
23    request that the Office of the State's Attorneys Appellate
24    Prosecutor or the Attorney General, as the case may be,
25    certify the expenses as reasonable, necessary, and
26    appropriate for payment from the Trust Fund, on a form

 

 

HB5337- 15 -LRB102 23034 RLC 32188 b

1    created by the State Treasurer. Upon certification of the
2    expenses and delivery of the certification to the State
3    Treasurer, the Treasurer shall pay the expenses directly
4    from the Capital Litigation Trust Fund if there are
5    sufficient moneys in the Trust Fund to pay the expenses.
6        (5) To provide financial support through the Attorney
7    General under the Attorney General Act for the several
8    county State's Attorneys outside of Cook County, but shall
9    not be used to increase personnel for the Attorney
10    General's Office, except when the Attorney General is
11    ordered by the presiding judge of the Criminal Division of
12    the Circuit Court of Cook County to prosecute or supervise
13    the prosecution of Cook County cases.
14        (6) To provide financial support through the State's
15    Attorneys Appellate Prosecutor under the State's Attorneys
16    Appellate Prosecutor's Act for the several county State's
17    Attorneys outside of Cook County, but shall not be used to
18    increase personnel for the Office of the State's Attorneys
19    Appellate Prosecutor.
20        (7) To provide financial support to the State
21    Appellate Defender under the State Appellate Defender Act.
22    Moneys expended from the Trust Fund shall be in addition
23    to county funding for Public Defenders and State's
24    Attorneys, and shall not be used to supplant or reduce
25    ordinary and customary county funding.
26    (f) Moneys in the Trust Fund shall be appropriated to the

 

 

HB5337- 16 -LRB102 23034 RLC 32188 b

1State Appellate Defender, the Office of the State's Attorneys
2Appellate Prosecutor, the Attorney General, and the State
3Treasurer. The State Appellate Defender shall receive an
4appropriation from the Trust Fund to enable it to provide
5assistance to appointed defense counsel and attorneys approved
6by or contracted with the State Appellate Defender to
7represent petitioners in post-conviction proceedings in
8capital cases under Article 122 of the Code of Criminal
9Procedure of 1963 and in relation to petitions filed under
10Section 2-1401 of the Code of Civil Procedure in relation to
11capital cases throughout the State and to Public Defenders in
12counties other than Cook. The Office of the State's Attorneys
13Appellate Prosecutor and the Attorney General shall receive
14appropriations from the Trust Fund to enable them to provide
15assistance to State's Attorneys in counties other than Cook
16County and when the Attorney General is ordered by the
17presiding judge of the Criminal Division of the Circuit Court
18of Cook County to prosecute or supervise the prosecution of
19Cook County cases. Moneys shall be appropriated to the State
20Treasurer to enable the Treasurer (i) to make grants to Cook
21County, (ii) to pay the expenses of Public Defenders, the
22State Appellate Defender, the Attorney General, the Office of
23the State's Attorneys Appellate Prosecutor, and State's
24Attorneys in counties other than Cook County, (iii) to pay the
25expenses and compensation of appointed defense counsel and
26attorneys approved by or contracted with the State Appellate

 

 

HB5337- 17 -LRB102 23034 RLC 32188 b

1Defender to represent petitioners in post-conviction
2proceedings in capital cases under Article 122 of the Code of
3Criminal Procedure of 1963 and in relation to petitions filed
4under Section 2-1401 of the Code of Civil Procedure in
5relation to capital cases in counties other than Cook County,
6and (iv) to pay the costs of administering the Trust Fund. All
7expenditures and grants made from the Trust Fund shall be
8subject to audit by the Auditor General.
9    (g) For Cook County, grants from the Trust Fund shall be
10made and administered as follows:
11        (1) For each State fiscal year, the State's Attorney
12    and Public Defender must each make a separate application
13    to the State Treasurer for capital litigation grants.
14        (2) The State Treasurer shall establish rules and
15    procedures for grant applications. The rules shall require
16    the Cook County Treasurer as the grant recipient to report
17    on a periodic basis to the State Treasurer how much of the
18    grant has been expended, how much of the grant is
19    remaining, and the purposes for which the grant has been
20    used. The rules may also require the Cook County Treasurer
21    to certify on a periodic basis that expenditures of the
22    funds have been made for expenses that are reasonable,
23    necessary, and appropriate for payment from the Trust
24    Fund.
25        (3) The State Treasurer shall make the grants to the
26    Cook County Treasurer as soon as possible after the

 

 

HB5337- 18 -LRB102 23034 RLC 32188 b

1    beginning of the State fiscal year.
2        (4) The State's Attorney or Public Defender may apply
3    for supplemental grants during the fiscal year.
4        (5) Grant moneys shall be paid to the Cook County
5    Treasurer in block grants and held in separate accounts
6    for the State's Attorney, the Public Defender, and court
7    appointed defense counsel other than the Cook County
8    Public Defender, respectively, for the designated fiscal
9    year, and are not subject to county appropriation.
10        (6) Expenditure of grant moneys under this subsection
11    (g) is subject to audit by the Auditor General.
12        (7) The Cook County Treasurer shall immediately make
13    payment from the appropriate separate account in the
14    county treasury for capital litigation expenses to the
15    State's Attorney, Public Defender, or court appointed
16    defense counsel other than the Public Defender, as the
17    case may be, upon order of the State's Attorney, Public
18    Defender or the court, respectively.
19    (h) If a defendant in a capital case in Cook County is
20represented by court appointed counsel other than the Cook
21County Public Defender, the appointed counsel shall petition
22the court for an order directing the Cook County Treasurer to
23pay the court appointed counsel's reasonable and necessary
24compensation and capital litigation expenses from grant moneys
25provided from the Trust Fund. The petitions shall be supported
26by itemized bills showing the date, the amount of time spent,

 

 

HB5337- 19 -LRB102 23034 RLC 32188 b

1the work done and the total being charged for each entry. The
2court shall not authorize payment of bills that are not
3properly itemized. The petitions shall be filed under seal and
4considered ex parte but with a court reporter present for all
5ex parte conferences. The petitions shall be reviewed by both
6the trial judge and the presiding judge of the circuit court or
7the presiding judge's designee. The petitions and orders shall
8be kept under seal and shall be exempt from Freedom of
9Information requests until the conclusion of the trial and
10appeal of the case, even if the prosecution chooses not to
11pursue the death penalty prior to trial or sentencing. Orders
12denying petitions for compensation or expenses are final.
13Counsel may not petition for expenses that may have been
14provided or compensated by the State Appellate Defender under
15item (c)(5.1) of Section 10 of the State Appellate Defender
16Act.
17    (i) In counties other than Cook County, and when the
18Attorney General is ordered by the presiding judge of the
19Criminal Division of the Circuit Court of Cook County to
20prosecute or supervise the prosecution of Cook County cases,
21and excluding capital litigation expenses or services that may
22have been provided by the State Appellate Defender under item
23(c)(5.1) of Section 10 of the State Appellate Defender Act:
24        (1) Upon certification by the circuit court, on a form
25    created by the State Treasurer, that all or a portion of
26    the expenses are reasonable, necessary, and appropriate

 

 

HB5337- 20 -LRB102 23034 RLC 32188 b

1    for payment from the Trust Fund and the court's delivery
2    of the certification to the Treasurer, the Treasurer shall
3    pay the certified expenses of Public Defenders and the
4    State Appellate Defender from the money appropriated to
5    the Treasurer for capital litigation expenses of Public
6    Defenders and post-conviction proceeding expenses in
7    capital cases of the State Appellate Defender and expenses
8    in relation to petitions filed under Section 2-1401 of the
9    Code of Civil Procedure in relation to capital cases in
10    any county other than Cook County, if there are sufficient
11    moneys in the Trust Fund to pay the expenses.
12        (2) If a defendant in a capital case is represented by
13    court appointed counsel other than the Public Defender,
14    the appointed counsel shall petition the court to certify
15    compensation and capital litigation expenses including,
16    but not limited to, investigatory and other assistance,
17    expert, forensic, and other witnesses, and mitigation
18    specialists as reasonable, necessary, and appropriate for
19    payment from the Trust Fund. If a petitioner in a capital
20    case who has filed a petition for post-conviction relief
21    under Article 122 of the Code of Criminal Procedure of
22    1963 or a petition under Section 2-1401 of the Code of
23    Civil Procedure in relation to capital cases is
24    represented by an attorney approved by or contracted with
25    the State Appellate Defender other than the State
26    Appellate Defender, that attorney shall petition the court

 

 

HB5337- 21 -LRB102 23034 RLC 32188 b

1    to certify compensation and litigation expenses of
2    post-conviction proceedings under Article 122 of the Code
3    of Criminal Procedure of 1963 or in relation to petitions
4    filed under Section 2-1401 of the Code of Civil Procedure
5    in relation to capital cases. Upon certification on a form
6    created by the State Treasurer of all or a portion of the
7    compensation and expenses certified as reasonable,
8    necessary, and appropriate for payment from the Trust Fund
9    and the court's delivery of the certification to the
10    Treasurer, the State Treasurer shall pay the certified
11    compensation and expenses from the money appropriated to
12    the Treasurer for that purpose, if there are sufficient
13    moneys in the Trust Fund to make those 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. Orders denying
20    petitions for compensation or expenses are final.
21    (j) If the Trust Fund is discontinued or dissolved by an
22Act of the General Assembly or by operation of law, any balance
23remaining in the Trust Fund shall be returned to the General
24Revenue Fund after deduction of administrative costs, any
25other provision of this Act to the contrary notwithstanding.
 

 

 

HB5337- 22 -LRB102 23034 RLC 32188 b

1    Section 100. The Freedom of Information Act is amended by
2changing Section 7.5 as follows:
 
3    (5 ILCS 140/7.5)
4    Sec. 7.5. Statutory exemptions. To the extent provided for
5by the statutes referenced below, the following shall be
6exempt from inspection and copying:
7        (a) All information determined to be confidential
8    under Section 4002 of the Technology Advancement and
9    Development Act.
10        (b) Library circulation and order records identifying
11    library users with specific materials under the Library
12    Records Confidentiality Act.
13        (c) Applications, related documents, and medical
14    records received by the Experimental Organ Transplantation
15    Procedures Board and any and all documents or other
16    records prepared by the Experimental Organ Transplantation
17    Procedures Board or its staff relating to applications it
18    has received.
19        (d) Information and records held by the Department of
20    Public Health and its authorized representatives relating
21    to known or suspected cases of sexually transmissible
22    disease or any information the disclosure of which is
23    restricted under the Illinois Sexually Transmissible
24    Disease Control Act.
25        (e) Information the disclosure of which is exempted

 

 

HB5337- 23 -LRB102 23034 RLC 32188 b

1    under Section 30 of the Radon Industry Licensing Act.
2        (f) Firm performance evaluations under Section 55 of
3    the Architectural, Engineering, and Land Surveying
4    Qualifications Based Selection Act.
5        (g) Information the disclosure of which is restricted
6    and exempted under Section 50 of the Illinois Prepaid
7    Tuition Act.
8        (h) Information the disclosure of which is exempted
9    under the State Officials and Employees Ethics Act, and
10    records of any lawfully created State or local inspector
11    general's office that would be exempt if created or
12    obtained by an Executive Inspector General's office under
13    that Act.
14        (i) Information contained in a local emergency energy
15    plan submitted to a municipality in accordance with a
16    local emergency energy plan ordinance that is adopted
17    under Section 11-21.5-5 of the Illinois Municipal Code.
18        (j) Information and data concerning the distribution
19    of surcharge moneys collected and remitted by carriers
20    under the Emergency Telephone System Act.
21        (k) Law enforcement officer identification information
22    or driver identification information compiled by a law
23    enforcement agency or the Department of Transportation
24    under Section 11-212 of the Illinois Vehicle Code.
25        (l) Records and information provided to a residential
26    health care facility resident sexual assault and death

 

 

HB5337- 24 -LRB102 23034 RLC 32188 b

1    review team or the Executive Council under the Abuse
2    Prevention Review Team Act.
3        (m) Information provided to the predatory lending
4    database created pursuant to Article 3 of the Residential
5    Real Property Disclosure Act, except to the extent
6    authorized under that Article.
7        (n) Defense budgets and petitions for certification of
8    compensation and expenses for court appointed trial
9    counsel as provided under Sections 10 and 15 of the
10    Capital Crimes Litigation Act of 2022. This subsection (n)
11    shall apply until the conclusion of the trial of the case,
12    even if the prosecution chooses not to pursue the death
13    penalty prior to trial or sentencing.
14        (o) Information that is prohibited from being
15    disclosed under Section 4 of the Illinois Health and
16    Hazardous Substances Registry Act.
17        (p) Security portions of system safety program plans,
18    investigation reports, surveys, schedules, lists, data, or
19    information compiled, collected, or prepared by or for the
20    Department of Transportation under Sections 2705-300 and
21    2705-616 of the Department of Transportation Law of the
22    Civil Administrative Code of Illinois, the Regional
23    Transportation Authority under Section 2.11 of the
24    Regional Transportation Authority Act, or the St. Clair
25    County Transit District under the Bi-State Transit Safety
26    Act.

 

 

HB5337- 25 -LRB102 23034 RLC 32188 b

1        (q) Information prohibited from being disclosed by the
2    Personnel Record Review Act.
3        (r) Information prohibited from being disclosed by the
4    Illinois School Student Records Act.
5        (s) Information the disclosure of which is restricted
6    under Section 5-108 of the Public Utilities Act.
7        (t) All identified or deidentified health information
8    in the form of health data or medical records contained
9    in, stored in, submitted to, transferred by, or released
10    from the Illinois Health Information Exchange, and
11    identified or deidentified health information in the form
12    of health data and medical records of the Illinois Health
13    Information Exchange in the possession of the Illinois
14    Health Information Exchange Office due to its
15    administration of the Illinois Health Information
16    Exchange. The terms "identified" and "deidentified" shall
17    be given the same meaning as in the Health Insurance
18    Portability and Accountability Act of 1996, Public Law
19    104-191, or any subsequent amendments thereto, and any
20    regulations promulgated thereunder.
21        (u) Records and information provided to an independent
22    team of experts under the Developmental Disability and
23    Mental Health Safety Act (also known as Brian's Law).
24        (v) Names and information of people who have applied
25    for or received Firearm Owner's Identification Cards under
26    the Firearm Owners Identification Card Act or applied for

 

 

HB5337- 26 -LRB102 23034 RLC 32188 b

1    or received a concealed carry license under the Firearm
2    Concealed Carry Act, unless otherwise authorized by the
3    Firearm Concealed Carry Act; and databases under the
4    Firearm Concealed Carry Act, records of the Concealed
5    Carry Licensing Review Board under the Firearm Concealed
6    Carry Act, and law enforcement agency objections under the
7    Firearm Concealed Carry Act.
8        (v-5) Records of the Firearm Owner's Identification
9    Card Review Board that are exempted from disclosure under
10    Section 10 of the Firearm Owners Identification Card Act.
11        (w) Personally identifiable information which is
12    exempted from disclosure under subsection (g) of Section
13    19.1 of the Toll Highway Act.
14        (x) Information which is exempted from disclosure
15    under Section 5-1014.3 of the Counties Code or Section
16    8-11-21 of the Illinois Municipal Code.
17        (y) Confidential information under the Adult
18    Protective Services Act and its predecessor enabling
19    statute, the Elder Abuse and Neglect Act, including
20    information about the identity and administrative finding
21    against any caregiver of a verified and substantiated
22    decision of abuse, neglect, or financial exploitation of
23    an eligible adult maintained in the Registry established
24    under Section 7.5 of the Adult Protective Services Act.
25        (z) Records and information provided to a fatality
26    review team or the Illinois Fatality Review Team Advisory

 

 

HB5337- 27 -LRB102 23034 RLC 32188 b

1    Council under Section 15 of the Adult Protective Services
2    Act.
3        (aa) Information which is exempted from disclosure
4    under Section 2.37 of the Wildlife Code.
5        (bb) Information which is or was prohibited from
6    disclosure by the Juvenile Court Act of 1987.
7        (cc) Recordings made under the Law Enforcement
8    Officer-Worn Body Camera Act, except to the extent
9    authorized under that Act.
10        (dd) Information that is prohibited from being
11    disclosed under Section 45 of the Condominium and Common
12    Interest Community Ombudsperson Act.
13        (ee) Information that is exempted from disclosure
14    under Section 30.1 of the Pharmacy Practice Act.
15        (ff) Information that is exempted from disclosure
16    under the Revised Uniform Unclaimed Property Act.
17        (gg) Information that is prohibited from being
18    disclosed under Section 7-603.5 of the Illinois Vehicle
19    Code.
20        (hh) Records that are exempt from disclosure under
21    Section 1A-16.7 of the Election Code.
22        (ii) Information which is exempted from disclosure
23    under Section 2505-800 of the Department of Revenue Law of
24    the Civil Administrative Code of Illinois.
25        (jj) Information and reports that are required to be
26    submitted to the Department of Labor by registering day

 

 

HB5337- 28 -LRB102 23034 RLC 32188 b

1    and temporary labor service agencies but are exempt from
2    disclosure under subsection (a-1) of Section 45 of the Day
3    and Temporary Labor Services Act.
4        (kk) Information prohibited from disclosure under the
5    Seizure and Forfeiture Reporting Act.
6        (ll) Information the disclosure of which is restricted
7    and exempted under Section 5-30.8 of the Illinois Public
8    Aid Code.
9        (mm) Records that are exempt from disclosure under
10    Section 4.2 of the Crime Victims Compensation Act.
11        (nn) Information that is exempt from disclosure under
12    Section 70 of the Higher Education Student Assistance Act.
13        (oo) Communications, notes, records, and reports
14    arising out of a peer support counseling session
15    prohibited from disclosure under the First Responders
16    Suicide Prevention Act.
17        (pp) Names and all identifying information relating to
18    an employee of an emergency services provider or law
19    enforcement agency under the First Responders Suicide
20    Prevention Act.
21        (qq) Information and records held by the Department of
22    Public Health and its authorized representatives collected
23    under the Reproductive Health Act.
24        (rr) Information that is exempt from disclosure under
25    the Cannabis Regulation and Tax Act.
26        (ss) Data reported by an employer to the Department of

 

 

HB5337- 29 -LRB102 23034 RLC 32188 b

1    Human Rights pursuant to Section 2-108 of the Illinois
2    Human Rights Act.
3        (tt) Recordings made under the Children's Advocacy
4    Center Act, except to the extent authorized under that
5    Act.
6        (uu) Information that is exempt from disclosure under
7    Section 50 of the Sexual Assault Evidence Submission Act.
8        (vv) Information that is exempt from disclosure under
9    subsections (f) and (j) of Section 5-36 of the Illinois
10    Public Aid Code.
11        (ww) Information that is exempt from disclosure under
12    Section 16.8 of the State Treasurer Act.
13        (xx) Information that is exempt from disclosure or
14    information that shall not be made public under the
15    Illinois Insurance Code.
16        (yy) Information prohibited from being disclosed under
17    the Illinois Educational Labor Relations Act.
18        (zz) Information prohibited from being disclosed under
19    the Illinois Public Labor Relations Act.
20        (aaa) Information prohibited from being disclosed
21    under Section 1-167 of the Illinois Pension Code.
22        (bbb) (ccc) Information that is prohibited from
23    disclosure by the Illinois Police Training Act and the
24    Illinois State Police Act.
25        (ccc) (ddd) Records exempt from disclosure under
26    Section 2605-304 of the Illinois Department of State

 

 

HB5337- 30 -LRB102 23034 RLC 32188 b

1    Police Law of the Civil Administrative Code of Illinois.
2        (ddd) (bbb) Information prohibited from being
3    disclosed under Section 35 of the Address Confidentiality
4    for Victims of Domestic Violence, Sexual Assault, Human
5    Trafficking, or Stalking Act.
6        (eee) (ddd) Information prohibited from being
7    disclosed under subsection (b) of Section 75 of the
8    Domestic Violence Fatality Review Act.
9(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
10101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
111-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
12eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
13101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
141-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
15eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
16102-559, eff. 8-20-21; revised 10-5-21.)
 
17    Section 105. The State Finance Act is amended by adding
18Section 5.970 as follows:
 
19    (30 ILCS 105/5.970 new)
20    Sec. 5.970. The Capital Litigation Trust Fund.
 
21    Section 110. The Criminal Code of 2012 is amended by
22changing Section 9-1 as follows:
 

 

 

HB5337- 31 -LRB102 23034 RLC 32188 b

1    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
2    Sec. 9-1. First degree murder; death penalties;
3exceptions; separate hearings; proof; findings; appellate
4procedures; reversals.
5    (a) A person who kills an individual without lawful
6justification commits first degree murder if, in performing
7the acts which cause the death:
8        (1) he or she either intends to kill or do great bodily
9    harm to that individual or another, or knows that such
10    acts will cause death to that individual or another; or
11        (2) he or she knows that such acts create a strong
12    probability of death or great bodily harm to that
13    individual or another; or
14        (3) he or she, acting alone or with one or more
15    participants, commits or attempts to commit a forcible
16    felony other than second degree murder, and in the course
17    of or in furtherance of such crime or flight therefrom, he
18    or she or another participant causes the death of a
19    person.
20    (b) Aggravating Factors. A defendant who at the time of
21the commission of the offense has attained the age of 18 or
22more and who has been found guilty of first degree murder may
23be sentenced to death if:
24        (1) the murdered individual was a peace officer or
25    fireman killed in the course of performing his or her
26    official duties, to prevent the performance of his or her

 

 

HB5337- 32 -LRB102 23034 RLC 32188 b

1    official duties, or in retaliation for performing his or
2    her official duties, and the defendant knew or should have
3    known that the murdered individual was a peace officer or
4    fireman; or
5        (1.5) the murdered individual was a firefighter killed
6    in the course of performing his or her official duties, to
7    prevent the performance of his or her official duties, or
8    in retaliation for performing his or her official duties,
9    and the defendant knew or should have known that the
10    murdered individual was a firefighter; or
11        (2) the murdered individual was an employee of an
12    institution or facility of the Department of Corrections,
13    or any similar local correctional agency, killed in the
14    course of performing his or her official duties, to
15    prevent the performance of his or her official duties, or
16    in retaliation for performing his or her official duties,
17    or the murdered individual was an inmate at such
18    institution or facility and was killed on the grounds
19    thereof, or the murdered individual was otherwise present
20    in such institution or facility with the knowledge and
21    approval of the chief administrative officer thereof; or
22        (3) the defendant has been convicted of murdering two
23    or more individuals under subsection (a) of this Section
24    or under any law of the United States or of any state which
25    is substantially similar to subsection (a) of this Section
26    regardless of whether the deaths occurred as the result of

 

 

HB5337- 33 -LRB102 23034 RLC 32188 b

1    the same act or of several related or unrelated acts so
2    long as the deaths were the result of either an intent to
3    kill more than one person or of separate acts which the
4    defendant knew would cause death or create a strong
5    probability of death or great bodily harm to the murdered
6    individual or another; or
7        (4) the murdered individual was killed as a result of
8    the hijacking of an airplane, train, ship, bus, or other
9    public conveyance; or
10        (5) the defendant committed the murder pursuant to a
11    contract, agreement, or understanding by which he or she
12    was to receive money or anything of value in return for
13    committing the murder or procured another to commit the
14    murder for money or anything of value; or
15        (6) the murdered individual was killed in the course
16    of another felony if:
17            (A) (a) the murdered individual:
18                (i) was actually killed by the defendant, or
19                (ii) received physical injuries personally
20            inflicted by the defendant substantially
21            contemporaneously with physical injuries caused by
22            one or more persons for whose conduct the
23            defendant is legally accountable under Section 5-2
24            of this Code, and the physical injuries inflicted
25            by either the defendant or the other person or
26            persons for whose conduct he is legally

 

 

HB5337- 34 -LRB102 23034 RLC 32188 b

1            accountable caused the death of the murdered
2            individual; and
3            (B) (b) in performing the acts which caused the
4        death of the murdered individual or which resulted in
5        physical injuries personally inflicted by the
6        defendant on the murdered individual under the
7        circumstances of subdivision (ii) of subparagraph (A)
8        (a) of paragraph (6) of subsection (b) of this
9        Section, the defendant acted with the intent to kill
10        the murdered individual or with the knowledge that his
11        acts created a strong probability of death or great
12        bodily harm to the murdered individual or another; and
13            (C) (c) the other felony was an inherently violent
14        crime or the attempt to commit an inherently violent
15        crime. In this subparagraph (C) (c), "inherently
16        violent crime" includes, but is not limited to, armed
17        robbery, robbery, predatory criminal sexual assault of
18        a child, aggravated criminal sexual assault,
19        aggravated kidnapping, aggravated vehicular hijacking,
20        aggravated arson, aggravated stalking, residential
21        burglary, and home invasion; or
22        (7) the murdered individual was under 12 years of age
23    and the death resulted from exceptionally brutal or
24    heinous behavior indicative of wanton cruelty; or
25        (8) the defendant committed the murder with intent to
26    prevent the murdered individual from testifying or

 

 

HB5337- 35 -LRB102 23034 RLC 32188 b

1    participating in any criminal investigation or prosecution
2    or giving material assistance to the State in any
3    investigation or prosecution, either against the defendant
4    or another; or the defendant committed the murder because
5    the murdered individual was a witness in any prosecution
6    or gave material assistance to the State in any
7    investigation or prosecution, either against the defendant
8    or another; for purposes of this paragraph (8),
9    "participating in any criminal investigation or
10    prosecution" is intended to include those appearing in the
11    proceedings in any capacity such as trial judges,
12    prosecutors, defense attorneys, investigators, witnesses,
13    or jurors; or
14        (9) the defendant, while committing an offense
15    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
16    407 or 407.1 or subsection (b) of Section 404 of the
17    Illinois Controlled Substances Act, or while engaged in a
18    conspiracy or solicitation to commit such offense,
19    intentionally killed an individual or counseled,
20    commanded, induced, procured or caused the intentional
21    killing of the murdered individual; or
22        (10) the defendant was incarcerated in an institution
23    or facility of the Department of Corrections at the time
24    of the murder, and while committing an offense punishable
25    as a felony under Illinois law, or while engaged in a
26    conspiracy or solicitation to commit such offense,

 

 

HB5337- 36 -LRB102 23034 RLC 32188 b

1    intentionally killed an individual or counseled,
2    commanded, induced, procured or caused the intentional
3    killing of the murdered individual; or
4        (11) the murder was committed in a cold, calculated
5    and premeditated manner pursuant to a preconceived plan,
6    scheme or design to take a human life by unlawful means,
7    and the conduct of the defendant created a reasonable
8    expectation that the death of a human being would result
9    therefrom; or
10        (12) the murdered individual was an emergency medical
11    technician - ambulance, emergency medical technician -
12    intermediate, emergency medical technician - paramedic,
13    ambulance driver, or other medical assistance or first aid
14    personnel, employed by a municipality or other
15    governmental unit, killed in the course of performing his
16    official duties, to prevent the performance of his
17    official duties, or in retaliation for performing his
18    official duties, and the defendant knew or should have
19    known that the murdered individual was an emergency
20    medical technician - ambulance, emergency medical
21    technician - intermediate, emergency medical technician -
22    paramedic, ambulance driver, or other medical assistance
23    or first aid personnel; or
24        (13) the defendant was a principal administrator,
25    organizer, or leader of a calculated criminal drug
26    conspiracy consisting of a hierarchical position of

 

 

HB5337- 37 -LRB102 23034 RLC 32188 b

1    authority superior to that of all other members of the
2    conspiracy, and the defendant counseled, commanded,
3    induced, procured, or caused the intentional killing of
4    the murdered person; or
5        (14) the murder was intentional and involved the
6    infliction of torture. For the purpose of this Section
7    torture means the infliction of or subjection to extreme
8    physical pain, motivated by an intent to increase or
9    prolong the pain, suffering or agony of the victim; or
10        (15) the murder was committed as a result of the
11    intentional discharge of a firearm by the defendant from a
12    motor vehicle and the victim was not present within the
13    motor vehicle; or
14        (16) the murdered individual was 60 years of age or
15    older and the death resulted from exceptionally brutal or
16    heinous behavior indicative of wanton cruelty; or
17        (17) the murdered individual was a person with a
18    disability and the defendant knew or should have known
19    that the murdered individual was a person with a
20    disability. For purposes of this paragraph (17), "person
21    with a disability" means a person who suffers from a
22    permanent physical or mental impairment resulting from
23    disease, an injury, a functional disorder, or a congenital
24    condition that renders the person incapable of adequately
25    providing for his or her own health or personal care; or
26        (18) the murder was committed by reason of any

 

 

HB5337- 38 -LRB102 23034 RLC 32188 b

1    person's activity as a community policing volunteer or to
2    prevent any person from engaging in activity as a
3    community policing volunteer; or
4        (19) the murdered individual was subject to an order
5    of protection and the murder was committed by a person
6    against whom the same order of protection was issued under
7    the Illinois Domestic Violence Act of 1986; or
8        (20) the murdered individual was known by the
9    defendant to be a teacher or other person employed in any
10    school and the teacher or other employee is upon the
11    grounds of a school or grounds adjacent to a school, or is
12    in any part of a building used for school purposes; or
13        (21) the murder was committed by the defendant in
14    connection with or as a result of the offense of terrorism
15    as defined in Section 29D-14.9 of this Code; or
16        (22) the murdered individual was a member of a
17    congregation engaged in prayer or other religious
18    activities at a church, synagogue, mosque, or other
19    building, structure, or place used for religious worship.
20    (b-5) Aggravating Factor; Natural Life Imprisonment. A
21defendant who has been found guilty of first degree murder and
22who at the time of the commission of the offense had attained
23the age of 18 years or more may be sentenced to natural life
24imprisonment if (i) the murdered individual was a physician,
25physician assistant, psychologist, nurse, or advanced practice
26registered nurse, (ii) the defendant knew or should have known

 

 

HB5337- 39 -LRB102 23034 RLC 32188 b

1that the murdered individual was a physician, physician
2assistant, psychologist, nurse, or advanced practice
3registered nurse, and (iii) the murdered individual was killed
4in the course of acting in his or her capacity as a physician,
5physician assistant, psychologist, nurse, or advanced practice
6registered nurse, or to prevent him or her from acting in that
7capacity, or in retaliation for his or her acting in that
8capacity.
9    (c) Consideration of factors in Aggravation and
10Mitigation.
11    The court shall consider, or shall instruct the jury to
12consider any aggravating and any mitigating factors which are
13relevant to the imposition of the death penalty. Aggravating
14factors may include but need not be limited to those factors
15set forth in subsection (b). Mitigating factors may include
16but need not be limited to the following:
17        (1) the defendant has no significant history of prior
18    criminal activity;
19        (2) the murder was committed while the defendant was
20    under the influence of extreme mental or emotional
21    disturbance, although not such as to constitute a defense
22    to prosecution;
23        (3) the murdered individual was a participant in the
24    defendant's homicidal conduct or consented to the
25    homicidal act;
26        (4) the defendant acted under the compulsion of threat

 

 

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1    or menace of the imminent infliction of death or great
2    bodily harm;
3        (5) the defendant was not personally present during
4    commission of the act or acts causing death;
5        (6) the defendant's background includes a history of
6    extreme emotional or physical abuse;
7        (7) the defendant suffers from a reduced mental
8    capacity.
9    Provided, however, that an action that does not otherwise
10mitigate first degree murder cannot qualify as a mitigating
11factor for first degree murder because of the discovery,
12knowledge, or disclosure of the victim's sexual orientation as
13defined in Section 1-103 of the Illinois Human Rights Act.
14    (d) Separate sentencing hearing.
15    Where requested by the State, the court shall conduct a
16separate sentencing proceeding to determine the existence of
17factors set forth in subsection (b) and to consider any
18aggravating or mitigating factors as indicated in subsection
19(c). The proceeding shall be conducted:
20        (1) before the jury that determined the defendant's
21    guilt; or
22        (2) before a jury impanelled for the purpose of the
23    proceeding if:
24            A. the defendant was convicted upon a plea of
25        guilty; or
26            B. the defendant was convicted after a trial

 

 

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1        before the court sitting without a jury; or
2            C. the court for good cause shown discharges the
3        jury that determined the defendant's guilt; or
4        (3) before the court alone if the defendant waives a
5    jury for the separate proceeding.
6    (e) Evidence and Argument.
7    During the proceeding any information relevant to any of
8the factors set forth in subsection (b) may be presented by
9either the State or the defendant under the rules governing
10the admission of evidence at criminal trials. Any information
11relevant to any additional aggravating factors or any
12mitigating factors indicated in subsection (c) may be
13presented by the State or defendant regardless of its
14admissibility under the rules governing the admission of
15evidence at criminal trials. The State and the defendant shall
16be given fair opportunity to rebut any information received at
17the hearing.
18    (f) Proof.
19    The burden of proof of establishing the existence of any
20of the factors set forth in subsection (b) is on the State and
21shall not be satisfied unless established beyond a reasonable
22doubt.
23    (g) Procedure - Jury.
24    If at the separate sentencing proceeding the jury finds
25that none of the factors set forth in subsection (b) exists,
26the court shall sentence the defendant to a term of

 

 

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1imprisonment under Chapter V of the Unified Code of
2Corrections. If there is a unanimous finding by the jury that
3one or more of the factors set forth in subsection (b) exist,
4the jury shall consider aggravating and mitigating factors as
5instructed by the court and shall determine whether the
6sentence of death shall be imposed. If the jury determines
7unanimously, after weighing the factors in aggravation and
8mitigation, that death is the appropriate sentence, the court
9shall sentence the defendant to death. If the court does not
10concur with the jury determination that death is the
11appropriate sentence, the court shall set forth reasons in
12writing including what facts or circumstances the court relied
13upon, along with any relevant documents, that compelled the
14court to non-concur with the sentence. This document and any
15attachments shall be part of the record for appellate review.
16The court shall be bound by the jury's sentencing
17determination.
18    If after weighing the factors in aggravation and
19mitigation, one or more jurors determines that death is not
20the appropriate sentence, the court shall sentence the
21defendant to a term of imprisonment under Chapter V of the
22Unified Code of Corrections.
23    (h) Procedure - No Jury.
24    In a proceeding before the court alone, if the court finds
25that none of the factors found in subsection (b) exists, the
26court shall sentence the defendant to a term of imprisonment

 

 

HB5337- 43 -LRB102 23034 RLC 32188 b

1under Chapter V of the Unified Code of Corrections.
2    If the Court determines that one or more of the factors set
3forth in subsection (b) exists, the Court shall consider any
4aggravating and mitigating factors as indicated in subsection
5(c). If the Court determines, after weighing the factors in
6aggravation and mitigation, that death is the appropriate
7sentence, the Court shall sentence the defendant to death.
8    If the court finds that death is not the appropriate
9sentence, the court shall sentence the defendant to a term of
10imprisonment under Chapter V of the Unified Code of
11Corrections.
12    (h-5) Decertification as a capital case.
13    In a case in which the defendant has been found guilty of
14first degree murder by a judge or jury, or a case on remand for
15resentencing, and the State seeks the death penalty as an
16appropriate sentence, on the court's own motion or the written
17motion of the defendant, the court may decertify the case as a
18death penalty case if the court finds that the only evidence
19supporting the defendant's conviction is the uncorroborated
20testimony of an informant witness, as defined in Section
21115-21 of the Code of Criminal Procedure of 1963, concerning
22the confession or admission of the defendant or that the sole
23evidence against the defendant is a single eyewitness or
24single accomplice without any other corroborating evidence. If
25the court decertifies the case as a capital case under either
26of the grounds set forth above, the court shall issue a written

 

 

HB5337- 44 -LRB102 23034 RLC 32188 b

1finding. The State may pursue its right to appeal the
2decertification pursuant to Supreme Court Rule 604(a)(1). If
3the court does not decertify the case as a capital case, the
4matter shall proceed to the eligibility phase of the
5sentencing hearing.
6    (i) Appellate Procedure.
7    The conviction and sentence of death shall be subject to
8automatic review by the Supreme Court. Such review shall be in
9accordance with rules promulgated by the Supreme Court. The
10Illinois Supreme Court may overturn the death sentence, and
11order the imposition of imprisonment under Chapter V of the
12Unified Code of Corrections if the court finds that the death
13sentence is fundamentally unjust as applied to the particular
14case. If the Illinois Supreme Court finds that the death
15sentence is fundamentally unjust as applied to the particular
16case, independent of any procedural grounds for relief, the
17Illinois Supreme Court shall issue a written opinion
18explaining this finding.
19    (j) Disposition of reversed death sentence.
20    In the event that the death penalty in this Act is held to
21be unconstitutional by the Supreme Court of the United States
22or of the State of Illinois, any person convicted of first
23degree murder shall be sentenced by the court to a term of
24imprisonment under Chapter V of the Unified Code of
25Corrections.
26    In the event that any death sentence pursuant to the

 

 

HB5337- 45 -LRB102 23034 RLC 32188 b

1sentencing provisions of this Section is declared
2unconstitutional by the Supreme Court of the United States or
3of the State of Illinois, the court having jurisdiction over a
4person previously sentenced to death shall cause the defendant
5to be brought before the court, and the court shall sentence
6the defendant to a term of imprisonment under Chapter V of the
7Unified Code of Corrections.
8    (k) Guidelines for seeking the death penalty.
9    The Attorney General and State's Attorneys Association
10shall consult on voluntary guidelines for procedures governing
11whether or not to seek the death penalty. The guidelines do not
12have the force of law and are only advisory in nature.
13(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
14100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.
157-1-21.)
 
16    Section 115. The Code of Criminal Procedure of 1963 is
17amended by changing Sections 113-3 and 119-1 as follows:
 
18    (725 ILCS 5/113-3)  (from Ch. 38, par. 113-3)
19    Sec. 113-3. (a) Every person charged with an offense shall
20be allowed counsel before pleading to the charge. If the
21defendant desires counsel and has been unable to obtain same
22before arraignment the court shall recess court or continue
23the cause for a reasonable time to permit defendant to obtain
24counsel and consult with him before pleading to the charge. If

 

 

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1the accused is a dissolved corporation, and is not represented
2by counsel, the court may, in the interest of justice, appoint
3as counsel a licensed attorney of this State.
4    (b) In all cases, except where the penalty is a fine only,
5if the court determines that the defendant is indigent and
6desires counsel, the Public Defender shall be appointed as
7counsel. If there is no Public Defender in the county or if the
8defendant requests counsel other than the Public Defender and
9the court finds that the rights of the defendant will be
10prejudiced by the appointment of the Public Defender, the
11court shall appoint as counsel a licensed attorney at law of
12this State, except that in a county having a population of
132,000,000 or more the Public Defender shall be appointed as
14counsel in all misdemeanor cases where the defendant is
15indigent and desires counsel unless the case involves multiple
16defendants, in which case the court may appoint counsel other
17than the Public Defender for the additional defendants. The
18court shall require an affidavit signed by any defendant who
19requests court-appointed counsel. Such affidavit shall be in
20the form established by the Supreme Court containing
21sufficient information to ascertain the assets and liabilities
22of that defendant. The Court may direct the Clerk of the
23Circuit Court to assist the defendant in the completion of the
24affidavit. Any person who knowingly files such affidavit
25containing false information concerning his assets and
26liabilities shall be liable to the county where the case, in

 

 

HB5337- 47 -LRB102 23034 RLC 32188 b

1which such false affidavit is filed, is pending for the
2reasonable value of the services rendered by the public
3defender or other court-appointed counsel in the case to the
4extent that such services were unjustly or falsely procured.
5    (c) Upon the filing with the court of a verified statement
6of services rendered the court shall order the county
7treasurer of the county of trial to pay counsel other than the
8Public Defender a reasonable fee. The court shall consider all
9relevant circumstances, including but not limited to the time
10spent while court is in session, other time spent in
11representing the defendant, and expenses reasonably incurred
12by counsel. In counties with a population greater than
132,000,000, the court shall order the county treasurer of the
14county of trial to pay counsel other than the Public Defender a
15reasonable fee stated in the order and based upon a rate of
16compensation of not more than $40 for each hour spent while
17court is in session and not more than $30 for each hour
18otherwise spent representing a defendant, and such
19compensation shall not exceed $150 for each defendant
20represented in misdemeanor cases and $1250 in felony cases, in
21addition to expenses reasonably incurred as hereinafter in
22this Section provided, except that, in extraordinary
23circumstances, payment in excess of the limits herein stated
24may be made if the trial court certifies that such payment is
25necessary to provide fair compensation for protracted
26representation. A trial court may entertain the filing of this

 

 

HB5337- 48 -LRB102 23034 RLC 32188 b

1verified statement before the termination of the cause, and
2may order the provisional payment of sums during the pendency
3of the cause.
4    (d) In capital cases, in addition to counsel, if the court
5determines that the defendant is indigent the court may, upon
6the filing with the court of a verified statement of services
7rendered, order the county Treasurer of the county of trial to
8pay necessary expert witnesses for defendant reasonable
9compensation stated in the order not to exceed $250 for each
10defendant.
11    (e) If the court in any county having a population greater
12than 2,000,000 determines that the defendant is indigent the
13court may, upon the filing with the court of a verified
14statement of such expenses, order the county treasurer of the
15county of trial, in such counties having a population greater
16than 2,000,000 to pay the general expenses of the trial
17incurred by the defendant not to exceed $50 for each
18defendant.
19    (f) The provisions of this Section relating to appointment
20of counsel, compensation of counsel, and payment of expenses
21in capital cases apply except when the compensation and
22expenses are being provided under the Capital Crimes
23Litigation Act of 2022.
24(Source: P.A. 91-589, eff. 1-1-00.)
 
25    (725 ILCS 5/119-1)

 

 

HB5337- 49 -LRB102 23034 RLC 32188 b

1    Sec. 119-1. Death penalty abolished ; partially restored.
2    (a) Except as otherwise provided in this Section,
3beginning on July 1, 2011 (the effective date of Public Act
496-1543) and Beginning on the effective date of this
5amendatory Act of the 96th General Assembly, notwithstanding
6any other law to the contrary, the death penalty is abolished
7and a sentence to death may not be imposed.
8    (a-5) Notwithstanding subsection (a), a defendant who at
9the time of the commission of the offense has attained the age
10of 18 or more years and who has been found guilty of first
11degree murder under paragraph (1) of subsection (b) of Section
129-1 of the Criminal Code of 2012 may be sentenced to death.
13    (b) All unobligated and unexpended moneys remaining in the
14Capital Litigation Trust Fund on the effective date of this
15amendatory Act of the 96th General Assembly shall be
16transferred into the Death Penalty Abolition Fund on the
17effective date of this amendatory Act of the 102nd General
18Assembly shall be transferred into the Capital Litigation
19Trust Fund, together with any moneys the Death Penalty
20Abolition Fund may receive thereafter , a special fund in the
21State treasury, to be expended by the Illinois Criminal
22Justice Information Authority, for services for families of
23victims of homicide or murder and for training of law
24enforcement personnel.
25(Source: P.A. 96-1543, eff. 7-1-11.)
 

 

 

HB5337- 50 -LRB102 23034 RLC 32188 b

1    Section 120. The State Appellate Defender Act is amended
2by changing Section 10 as follows:
 
3    (725 ILCS 105/10)  (from Ch. 38, par. 208-10)
4    Sec. 10. Powers and duties of State Appellate Defender.
5    (a) The State Appellate Defender shall represent indigent
6persons on appeal in criminal and delinquent minor
7proceedings, when appointed to do so by a court under a Supreme
8Court Rule or law of this State.
9    (b) The State Appellate Defender shall submit a budget for
10the approval of the State Appellate Defender Commission.
11    (c) The State Appellate Defender may:
12        (1) maintain a panel of private attorneys available to
13    serve as counsel on a case basis;
14        (2) establish programs, alone or in conjunction with
15    law schools, for the purpose of utilizing volunteer law
16    students as legal assistants;
17        (3) cooperate and consult with state agencies,
18    professional associations, and other groups concerning the
19    causes of criminal conduct, the rehabilitation and
20    correction of persons charged with and convicted of crime,
21    the administration of criminal justice, and, in counties
22    of less than 1,000,000 population, study, design, develop
23    and implement model systems for the delivery of trial
24    level defender services, and make an annual report to the
25    General Assembly;

 

 

HB5337- 51 -LRB102 23034 RLC 32188 b

1        (4) hire investigators to provide investigative
2    services to appointed counsel and county public defenders;
3        (5) (blank);
4        (5.1) in cases in which a death sentence is an
5    authorized disposition, provide trial counsel with legal
6    assistance and the assistance of expert witnesses,
7    investigators, and mitigation specialists from funds
8    appropriated to the State Appellate Defender specifically
9    for that purpose by the General Assembly. The Office of
10    State Appellate Defender shall not be appointed to serve
11    as trial counsel in capital cases;
12        (5.5) provide training to county public defenders;
13        (5.7) provide county public defenders with the
14    assistance of expert witnesses and investigators from
15    funds appropriated to the State Appellate Defender
16    specifically for that purpose by the General Assembly. The
17    Office of the State Appellate Defender shall not be
18    appointed to act as trial counsel;
19        (6) develop a Juvenile Defender Resource Center to:
20    (i) study, design, develop, and implement model systems
21    for the delivery of trial level defender services for
22    juveniles in the justice system; (ii) in cases in which a
23    sentence of incarceration or an adult sentence, or both,
24    is an authorized disposition, provide trial counsel with
25    legal advice and the assistance of expert witnesses and
26    investigators from funds appropriated to the Office of the

 

 

HB5337- 52 -LRB102 23034 RLC 32188 b

1    State Appellate Defender by the General Assembly
2    specifically for that purpose; (iii) develop and provide
3    training to public defenders on juvenile justice issues,
4    utilizing resources including the State and local bar
5    associations, the Illinois Public Defender Association,
6    law schools, the Midwest Juvenile Defender Center, and pro
7    bono efforts by law firms; and (iv) make an annual report
8    to the General Assembly.
9    Investigators employed by the Capital Trial Assistance
10Unit and Capital Post Conviction Unit of the State Appellate
11Defender shall be authorized to inquire through the Illinois
12State Police or local law enforcement with the Law Enforcement
13Agencies Data System (LEADS) under Section 2605-375 of the
14Department of State Police Law of the Civil Administrative
15Code of Illinois to ascertain whether their potential
16witnesses have a criminal background, including, but not
17limited to: (i) warrants; (ii) arrests; (iii) convictions; and
18(iv) officer safety information. This authorization applies
19only to information held on the State level and shall be used
20only to protect the personal safety of the investigators. Any
21information that is obtained through this inquiry may not be
22disclosed by the investigators.
23    (c-5) For each State fiscal year, the State Appellate
24Defender shall request a direct appropriation from the Capital
25Litigation Trust Fund for expenses incurred by the State
26Appellate Defender in providing assistance to trial attorneys

 

 

HB5337- 53 -LRB102 23034 RLC 32188 b

1under paragraph (5.1) of subsection (c) of this Section and
2for expenses incurred by the State Appellate Defender in
3representing petitioners in capital cases in post-conviction
4proceedings under Article 122 of the Code of Criminal
5Procedure of 1963 and in relation to petitions filed under
6Section 2-1401 of the Code of Civil Procedure in relation to
7capital cases and for the representation of those petitioners
8by attorneys approved by or contracted with the State
9Appellate Defender and an appropriation to the State Treasurer
10for payments from the Trust Fund for the defense of cases in
11counties other than Cook County. The State Appellate Defender
12may appear before the General Assembly at other times during
13the State's fiscal year to request supplemental appropriations
14from the Trust Fund to the State Treasurer.
15    (d) (Blank).
16    (e) The requirement for reporting to the General Assembly
17shall be satisfied by filing copies of the report as required
18by Section 3.1 of the General Assembly Organization Act and
19filing such additional copies with the State Government Report
20Distribution Center for the General Assembly as is required
21under paragraph (t) of Section 7 of the State Library Act.
22(Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)