Illinois General Assembly - Full Text of HB3348
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Full Text of HB3348  93rd General Assembly

HB3348 93rd General Assembly


093_HB3348

 
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 1        AN ACT in relation to criminal law.

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

 4        Section   5.  The State Appellate Defender Act is amended
 5    by changing Section 10 as follows:

 6        (725 ILCS 105/10) (from Ch. 38, par. 208-10)
 7        Sec. 10.  Powers and duties of State Appellate Defender.
 8        (a)  The  State  Appellate   Defender   shall   represent
 9    indigent  persons  on appeal in criminal and delinquent minor
10    proceedings, when appointed to do  so  by  a  court  under  a
11    Supreme Court Rule or law of this State.
12        (b)  The  State  Appellate Defender shall submit a budget
13    for the approval of the State Appellate Defender Commission.
14        (c)  The State Appellate Defender may:
15             (1)  maintain a panel of private attorneys available
16        to serve as counsel on a case basis;
17             (2)  establish programs,  alone  or  in  conjunction
18        with  law schools, for the purpose of utilizing volunteer
19        law students as legal assistants;
20             (3)  cooperate  and  consult  with  state  agencies,
21        professional associations, and  other  groups  concerning
22        the  causes  of  criminal conduct, the rehabilitation and
23        correction of  persons  charged  with  and  convicted  of
24        crime,  the  administration  of criminal justice, and, in
25        counties  of  less  than  1,000,000  population,   study,
26        design,  develop  and  implement  model  systems  for the
27        delivery of trial level defender services,  and  make  an
28        annual report to the General Assembly;
29             (4)  provide  investigative  services  to  appointed
30        counsel and county public defenders;
31             (5)  in  cases  in  which  a  death  sentence  is an
 
                            -2-      LRB093 09618 RLC 09856 b
 1        authorized disposition, provide trial  counsel  with  the
 2        assistance   of   expert  witnesses,  investigators,  and
 3        mitigation specialists from  funds  appropriated  to  the
 4        State Appellate Defender specifically for that purpose by
 5        the  General  Assembly.   The  Office  of State Appellate
 6        Defender shall not be appointed to serve as trial counsel
 7        in capital cases.
 8        (c-5)  The Office of the State Appellate  Defender  shall
 9    disseminate  on  a  Statewide  basis  the  names and business
10    addresses of licensed attorneys  who  are  certified  by  the
11    Illinois  Supreme  Court as members of the Capital Litigation
12    Trial Bar under Supreme Court Rule 714.
13        (d)  For each State  fiscal  year,  the  State  Appellate
14    Defender shall appear before the General Assembly and request
15    appropriations  to  be made from the Capital Litigation Trust
16    Fund to the State Treasurer  for  the  purpose  of  providing
17    defense  assistance  in capital cases outside of Cook County.
18    The State Appellate Defender may appear  before  the  General
19    Assembly  at  other  times  during the State's fiscal year to
20    request supplemental appropriations from the  Trust  Fund  to
21    the State Treasurer.
22        (e)  The   requirement   for  reporting  to  the  General
23    Assembly shall be satisfied by filing copies  of  the  report
24    with  the  Speaker,  the Minority Leader and the Clerk of the
25    House of Representatives  and  the  President,  the  Minority
26    Leader  and  the  Secretary of the Senate and the Legislative
27    Research Unit, as required by  Section  3.1  of  the  General
28    Assembly  Organization  Act and filing such additional copies
29    with the State Government Report Distribution Center for  the
30    General  Assembly  as  is  required  under  paragraph  (t) of
31    Section 7 of the State Library Act.
32    (Source: P.A. 91-589, eff. 1-1-00.)