093_HB3350

 
                                     LRB093 09614 RLC 09852 b

 1        AN ACT in relation to criminal law.

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

 4        Section  5. The Code of Criminal  Procedure  of  1963  is
 5    amended by adding Section 113-7 follows:

 6        (725 ILCS 5/113-7 new)
 7        Sec.  113-7.  Notice  of intention to seek or decline the
 8    death penalty; State Death Penalty Review Committee.
 9        (a)  The  State's  Attorney  or  Attorney  General  shall
10    provide notice of the State's intention to  seek  or  decline
11    the  death  penalty  by  filing a Notice of Intent to Seek or
12    Decline the Death Penalty as soon as practicable. In no event
13    shall the filing of the notice be later than 120  days  after
14    arraignment,  unless, for good cause shown, the court directs
15    otherwise. A notice of intent to seek the death penalty shall
16    also  include  all  of  the  statutory  aggravating   factors
17    enumerated  in  subsection (b) of Section 9-1 of the Criminal
18    Code of 1961 which the State intends to introduce during  the
19    death penalty sentencing hearing.
20        (b)  The  State's  Attorney must also submit the decision
21    to seek the death penalty to the State Death  Penalty  Review
22    Committee  for  approval.  The  State  Death  Penalty  Review
23    Committee  is  created  effective  June  1,  2003. The Review
24    Committee shall be composed of 5 voting members consisting of
25    the Attorney General or his  or  her  designee,  the  State's
26    Attorney of Cook County or his or her designee, the president
27    of  the  Illinois  State's  Attorney's Association, a State's
28    Attorney appointed by  the  Governor,  and  a  retired  judge
29    appointed  by  the  Governor.   The  Governor  may appoint an
30    alternate member and shall only participate and vote  in  the
31    event  of  a  tie  vote.  The retired judge member shall have
 
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 1    experience in criminal law and preferably appellate review of
 2    criminal cases. The Attorney General and Cook County  State's
 3    Attorney  shall serve during their respective term of office.
 4    The president of the  State's  Attorney's  Association  shall
 5    serve  for  one  year  concurrent  with  the  elected term as
 6    president of the State's Attorney's Association. The  State's
 7    Attorney  appointed  by the Governor shall serve for one year
 8    and the retired judge member shall serve  for  4  years.  The
 9    alternate member shall serve at the pleasure of the Governor.
10    In  the  event  of  a  vacancy  of  a member appointed by the
11    Governor, the appointment to fill the vacancy shall  be  made
12    in the same manner as the original appointment. The appointed
13    members  shall  serve  until their successor is appointed and
14    qualified. The Attorney General  or  his  or  designee  shall
15    serve as chairman.
16        (c)  The   State  Death  Penalty  Review  Committee  must
17    develop standards to assist State's Attorneys in the exercise
18    of discretion in seeking the death penalty on a first  degree
19    charge.  The  Review  Committee  must  also approve a State's
20    Attorney's decision to seek the  death  penalty  in  a  first
21    degree   murder   case.   The   review   must   include   the
22    appropriateness  of the sentence of death upon conviction and
23    whether the decision is consistent with  the  application  of
24    the  death  penalty  in  other counties. The Review Committee
25    must consider information submitted by the  State's  Attorney
26    and   defense   counsel  that  is  relevant  to  the  review.
27    Information  submitted  that  is  not  otherwise  subject  to
28    discovery at this stage of the court proceedings or for which
29    confidentiality is necessary for security of any  individual,
30    the  submission  to  the Review Committee is confidential and
31    not subject to disclosure outside of the Review Committee.
32        (d)  The approval shall  be  pursuant  to  a  vote  of  3
33    members  of the Committee; however, the Attorney General or a
34    State's Attorney must recuse himself or herself  from  voting
 
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 1    on  any  case prosecuted by his or her office. The review and
 2    comment is confidential and shall only be disclosed to:
 3             (1)  the submitting State's Attorney;
 4             (2)  the defendant's attorney; and
 5             (3)  the Governor, upon request, after  the  Supreme
 6        Court has ordered the final execution date.