Full Text of HB0578 93rd General Assembly
HB0578enr 93RD GENERAL ASSEMBLY
|
|
|
HB0578 Enrolled |
|
LRB093 05576 MBS 05668 b |
|
| 1 |
| AN ACT concerning the death penalty.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Counties Code is amended by changing Section | 5 |
| 3-9005 as follows:
| 6 |
| (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
| 7 |
| Sec. 3-9005. Powers and duties of State's attorney.
| 8 |
| (a) The duty of each State's attorney shall be:
| 9 |
| (1) To commence and prosecute all actions, suits, | 10 |
| indictments and
prosecutions, civil and criminal, in the | 11 |
| circuit court for his county,
in which the people of the | 12 |
| State or county may be concerned.
| 13 |
| (2) To prosecute all forfeited bonds and | 14 |
| recognizances, and all
actions and proceedings for the | 15 |
| recovery of debts, revenues, moneys,
fines, penalties and | 16 |
| forfeitures accruing to the State or his county, or
to any | 17 |
| school district or road district in his county; also, to
| 18 |
| prosecute all suits in his county against railroad or | 19 |
| transportation
companies, which may be prosecuted in the | 20 |
| name of the People of the
State of Illinois.
| 21 |
| (3) To commence and prosecute all actions and | 22 |
| proceedings brought by
any county officer in his official | 23 |
| capacity.
| 24 |
| (4) To defend all actions and proceedings brought | 25 |
| against his
county, or against any county or State officer, | 26 |
| in his official
capacity, within his county.
| 27 |
| (5) To attend the examination of all persons brought | 28 |
| before any judge
on habeas corpus, when the prosecution is | 29 |
| in his county.
| 30 |
| (6) To attend before judges and prosecute charges of | 31 |
| felony or
misdemeanor, for which the offender is required | 32 |
| to be recognized to appear
before the circuit court, when |
|
|
|
HB0578 Enrolled |
- 2 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| in his power so to do.
| 2 |
| (7) To give his opinion, without fee or reward, to any | 3 |
| county officer
in his county, upon any question or law | 4 |
| relating to any criminal or other
matter, in which the | 5 |
| people or the county may be concerned.
| 6 |
| (8) To assist the attorney general whenever it may be | 7 |
| necessary, and in
cases of appeal from his county to the | 8 |
| Supreme Court, to which it is the
duty of the attorney | 9 |
| general to attend, he shall furnish the attorney general
at | 10 |
| least 10 days before such is due to be filed, a manuscript | 11 |
| of a proposed
statement, brief and argument to be printed | 12 |
| and filed on behalf of the people,
prepared in accordance | 13 |
| with the rules of the Supreme Court. However, if
such | 14 |
| brief, argument or other document is due to be filed by law | 15 |
| or order
of court within this 10 day period, then the | 16 |
| State's attorney shall furnish
such as soon as may be | 17 |
| reasonable.
| 18 |
| (9) To pay all moneys received by him in trust, without | 19 |
| delay, to the
officer who by law is entitled to the custody | 20 |
| thereof.
| 21 |
| (10) To notify, by first class mail, complaining | 22 |
| witnesses of the ultimate
disposition of the cases arising | 23 |
| from an indictment or an information.
| 24 |
| (11) To perform such other and further duties as may, | 25 |
| from time to time,
be enjoined on him by law.
| 26 |
| (12) To appear in all proceedings by collectors of | 27 |
| taxes against
delinquent taxpayers for judgments to sell | 28 |
| real estate, and see that all the
necessary preliminary | 29 |
| steps have been legally taken to make the judgment legal
| 30 |
| and binding.
| 31 |
| (b) The State's Attorney of each county shall have | 32 |
| authority to
appoint one or more special investigators to serve | 33 |
| subpoenas, make return
of process and conduct investigations | 34 |
| which assist the State's Attorney in
the performance of his | 35 |
| duties. A special investigator shall not carry
firearms except | 36 |
| with permission of the State's Attorney and only while
carrying |
|
|
|
HB0578 Enrolled |
- 3 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| appropriate identification indicating his employment and in | 2 |
| the
performance of his assigned duties.
| 3 |
| Subject to the qualifications set forth in this subsection, | 4 |
| special
investigators shall be peace officers and shall have | 5 |
| all the powers possessed
by investigators under the State's | 6 |
| Attorneys Appellate Prosecutor's Act.
| 7 |
| No special investigator employed by the State's Attorney | 8 |
| shall have peace
officer status or exercise police powers | 9 |
| unless he or she successfully
completes the basic police | 10 |
| training course mandated and approved by the
Illinois Law | 11 |
| Enforcement Training Standards Board or such
board waives the | 12 |
| training requirement by reason of the special
investigator's | 13 |
| prior law enforcement experience or training or both. Any
| 14 |
| State's Attorney appointing a special investigator shall | 15 |
| consult with all
affected local police agencies, to the extent | 16 |
| consistent with the public
interest, if the special | 17 |
| investigator is assigned to areas within that
agency's | 18 |
| jurisdiction.
| 19 |
| Before a person is appointed as a special investigator, his
| 20 |
| fingerprints shall be taken and transmitted to the Department | 21 |
| of State
Police. The Department shall examine its records and | 22 |
| submit to the State's
Attorney of the county in which the | 23 |
| investigator seeks appointment any
conviction information | 24 |
| concerning the person on file with the Department.
No person | 25 |
| shall be appointed as a special investigator if he has been
| 26 |
| convicted of a felony or other offense involving moral | 27 |
| turpitude. A
special investigator shall be paid a salary and be | 28 |
| reimbursed for actual
expenses incurred in performing his | 29 |
| assigned duties. The county board
shall approve the salary and | 30 |
| actual expenses and appropriate the salary
and expenses in the | 31 |
| manner prescribed by law or ordinance.
| 32 |
| (c) The State's
Attorney may request and receive from | 33 |
| employers, labor unions, telephone
companies, and utility | 34 |
| companies
location information concerning putative fathers and | 35 |
| noncustodial parents for
the purpose of establishing a child's | 36 |
| paternity or establishing, enforcing, or
modifying a child |
|
|
|
HB0578 Enrolled |
- 4 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| support obligation. In this subsection, "location
information"
| 2 |
| means information about (i) the physical whereabouts of a | 3 |
| putative father or
noncustodial parent, (ii) the putative | 4 |
| father or noncustodial parent's
employer, or
(iii) the salary, | 5 |
| wages, and other
compensation paid and the health insurance | 6 |
| coverage provided to the putative
father or noncustodial parent | 7 |
| by the employer of the putative father or
noncustodial parent
| 8 |
| or by a labor union of which the putative father or | 9 |
| noncustodial parent is a
member.
| 10 |
| (d) For each State fiscal year, the
State's Attorney of | 11 |
| Cook County shall appear before the General Assembly and
| 12 |
| request appropriations to be made from the Capital Litigation | 13 |
| Trust Fund to the
State Treasurer for the purpose of providing | 14 |
| assistance in the prosecution of
capital cases in Cook County | 15 |
| and for the purpose of providing assistance to the State in | 16 |
| post-conviction proceedings in capital cases under Article 122 | 17 |
| of the Code of Criminal Procedure of 1963 and in relation to | 18 |
| petitions filed under Section 2-1401 of the Code of Civil | 19 |
| Procedure in relation to capital cases . The State's Attorney | 20 |
| may appear before the
General Assembly at other times during | 21 |
| the State's fiscal year to request
supplemental appropriations | 22 |
| from the Trust Fund to the State Treasurer.
| 23 |
| (e) The State's Attorney shall have the authority to enter | 24 |
| into a written
agreement with the Department of Revenue for | 25 |
| pursuit of civil
liability under Section 17-1a of the Criminal | 26 |
| Code of 1961 against persons who
have issued to the Department | 27 |
| checks or other orders in violation of the
provisions of | 28 |
| paragraph (d) of subsection (B) of Section 17-1 of the Criminal
| 29 |
| Code of 1961, with the Department to retain the amount owing | 30 |
| upon the
dishonored check or order along with the dishonored | 31 |
| check fee imposed under the
Uniform Penalty and Interest Act, | 32 |
| with the balance of damages, fees, and costs
collected under | 33 |
| Section 17-1a of the Criminal Code of 1961 to be retained by
| 34 |
| the State's Attorney. The agreement shall not affect the | 35 |
| allocation of fines
and costs imposed in any criminal | 36 |
| prosecution.
|
|
|
|
HB0578 Enrolled |
- 5 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| (Source: P.A. 91-589, eff. 1-1-00; 92-492, eff. 1-1-02.)
| 2 |
| Section 10. The Code of Criminal Procedure of 1963 is | 3 |
| amended by changing Section 122-1 as follows:
| 4 |
| (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
| 5 |
| Sec. 122-1. Petition in the trial court.
| 6 |
| (a) Any person imprisoned in the penitentiary may institute | 7 |
| a proceeding under this Article if the person asserts that: | 8 |
| (1) in the
proceedings which resulted in his or her | 9 |
| conviction there was a substantial
denial of his or her | 10 |
| rights under the Constitution of the United States or
of | 11 |
| the State of Illinois or both; or
| 12 |
| (2) the death penalty was imposed and there is
newly | 13 |
| discovered evidence not available to the person at
the time | 14 |
| of the proceeding that resulted in his or her
conviction | 15 |
| that establishes a substantial basis to believe that the | 16 |
| defendant
is actually innocent by clear and convincing | 17 |
| evidence.
| 18 |
| (a-5) A proceeding under paragraph (2) of subsection (a)
| 19 |
| may be commenced within a reasonable period of time after the | 20 |
| person's
conviction
notwithstanding any other provisions of
| 21 |
| this Article. In such a proceeding regarding
actual innocence, | 22 |
| if the court determines the petition is
frivolous or is | 23 |
| patently without merit, it shall dismiss the
petition in a | 24 |
| written order, specifying the findings of fact
and conclusions | 25 |
| of law it made in reaching its decision.
Such order of | 26 |
| dismissal is a final judgment and shall be
served upon the | 27 |
| petitioner by certified mail within 10 days
of its entry.
| 28 |
| (b) The proceeding shall be commenced by filing with the | 29 |
| clerk of the court
in which the conviction took place a | 30 |
| petition (together with a copy thereof)
verified by affidavit. | 31 |
| Petitioner shall also serve another copy upon the
State's | 32 |
| Attorney by any of the methods provided in Rule 7 of the | 33 |
| Supreme
Court. The clerk shall docket the petition for | 34 |
| consideration by the court
pursuant to Section 122-2.1 upon his |
|
|
|
HB0578 Enrolled |
- 6 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| or her receipt thereof and bring the same
promptly to the | 2 |
| attention of the court.
| 3 |
| (c) Except as otherwise provided in subsection (a-5), if
| 4 |
| the petitioner is under sentence of death and a petition for | 5 |
| writ of certiorari is filed ,
no proceedings under this Article | 6 |
| shall be commenced more than 6 months after
the conclusion of | 7 |
| proceedings in the United States Supreme Court
denial of a | 8 |
| petition for certiorari to the United States Supreme Court on
| 9 |
| direct appeal, or more than 6 months from the date for filing | 10 |
| such a petition
if none is filed , unless the petitioner alleges | 11 |
| facts showing that the delay
was
not due to his or her culpable | 12 |
| negligence. If a petition for certiorari is not filed, no | 13 |
| proceedings under this Article shall be commenced more than 6 | 14 |
| months from the date for filing a certiorari petition, unless | 15 |
| the petitioner alleges facts showing that the delay was not due | 16 |
| to his or her culpable negligence.
| 17 |
| When a defendant has a sentence other than death, no | 18 |
| proceedings under this
Article shall be commenced more than 6 | 19 |
| months after the conclusion of proceedings in the United States | 20 |
| Supreme Court
denial of the Petition
for Leave to Appeal to the | 21 |
| Illinois Supreme Court, or more than 6 months from
the date for | 22 |
| filing such a petition if none is filed , unless the petitioner
| 23 |
| alleges facts showing that the delay was not due to his or her | 24 |
| culpable
negligence.
If a petition for certiorari is not filed, | 25 |
| no proceedings under this Article shall be commenced more than | 26 |
| 6 months from the date for filing a certiorari petition, unless | 27 |
| the petitioner alleges facts showing that the delay was not due | 28 |
| to his or her culpable negligence. If a defendant does not file | 29 |
| a direct appeal, the post-conviction petition shall be filed no | 30 |
| later than 3 years from the date of conviction, unless the | 31 |
| petitioner alleges facts showing that the delay was not due to | 32 |
| his or her culpable negligence.
| 33 |
| This limitation does not apply to a petition advancing a | 34 |
| claim of actual
innocence. | 35 |
| (d) A person seeking relief by filing a petition under this | 36 |
| Section must
specify in the petition or its heading that it is |
|
|
|
HB0578 Enrolled |
- 7 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| filed under this Section.
A trial court that has received a | 2 |
| petition complaining of a conviction or
sentence that fails to | 3 |
| specify in the petition or its heading that it is
filed under | 4 |
| this Section need not evaluate the petition to determine
| 5 |
| whether it could otherwise have stated some grounds for relief | 6 |
| under
this Article.
| 7 |
| (e) A proceeding under this Article may not be commenced on | 8 |
| behalf of a
defendant who has been sentenced to death without | 9 |
| the written consent of the
defendant, unless the defendant, | 10 |
| because of a mental or physical condition, is
incapable of | 11 |
| asserting his or her own claim.
| 12 |
| (f) Only one petition may be filed by a petitioner under | 13 |
| this Article
without leave of the court.
Leave of court may be | 14 |
| granted only if a petitioner demonstrates
cause for his or her | 15 |
| failure to bring the claim in his or her initial
| 16 |
| post-conviction proceedings and prejudice results from that | 17 |
| failure. For
purposes
of this subsection (f): (1) a prisoner | 18 |
| shows cause by identifying an objective
factor that impeded his | 19 |
| or her ability to raise a specific claim during his or
her | 20 |
| initial post-conviction proceedings; and (2) a prisoner shows | 21 |
| prejudice by
demonstrating that the claim not raised during his | 22 |
| or her initial
post-conviction proceedings so infected the | 23 |
| trial that the resulting conviction
or
sentence violated due | 24 |
| process.
| 25 |
| (Source: P.A. 93-493, eff. 1-1-04; 93-605, eff. 11-19-03; | 26 |
| revised 12-9-03.)
| 27 |
| Section 15. The State Appellate Defender Act is amended by | 28 |
| changing Section 10 as follows:
| 29 |
| (725 ILCS 105/10) (from Ch. 38, par. 208-10)
| 30 |
| Sec. 10. Powers and duties of State Appellate Defender.
| 31 |
| (a) The State Appellate Defender shall represent indigent | 32 |
| persons on
appeal in criminal and delinquent minor proceedings, | 33 |
| when appointed to do so by
a court under a Supreme Court Rule | 34 |
| or law of this State.
|
|
|
|
HB0578 Enrolled |
- 8 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| (b) The State Appellate Defender shall submit a budget for | 2 |
| the
approval of the State Appellate Defender Commission.
| 3 |
| (c) The State Appellate Defender may:
| 4 |
| (1) maintain a panel of private attorneys available to | 5 |
| serve as
counsel on a case basis;
| 6 |
| (2) establish programs, alone or in conjunction with | 7 |
| law schools,
for the purpose of utilizing volunteer law | 8 |
| students as legal assistants;
| 9 |
| (3) cooperate and consult with state agencies, | 10 |
| professional
associations, and other groups concerning the | 11 |
| causes of criminal
conduct, the rehabilitation and | 12 |
| correction of persons charged with and
convicted of crime, | 13 |
| the administration of criminal justice, and, in
counties of | 14 |
| less than 1,000,000 population, study, design, develop and
| 15 |
| implement model systems for the delivery of trial level | 16 |
| defender
services, and make an annual report to the General | 17 |
| Assembly;
| 18 |
| (4) provide investigative services to appointed | 19 |
| counsel and county
public defenders;
| 20 |
| (5) in cases in which a death sentence is an authorized | 21 |
| disposition,
provide trial counsel with the assistance of | 22 |
| expert witnesses, investigators,
and mitigation | 23 |
| specialists from funds appropriated to the State Appellate
| 24 |
| Defender specifically for that
purpose by the General | 25 |
| Assembly. The Office of State Appellate Defender shall
not | 26 |
| be appointed to serve as trial counsel in capital cases.
| 27 |
| (d) For each State fiscal year, the
State Appellate | 28 |
| Defender shall appear before the General Assembly and request
| 29 |
| appropriations to be made from the Capital Litigation Trust | 30 |
| Fund to the State
Treasurer for the purpose of providing | 31 |
| defense assistance in capital cases
outside of Cook County and | 32 |
| for expenses incurred by the the State Appellate Defender in | 33 |
| representing petitioners in capital cases in post-conviction | 34 |
| proceedings under Article 122 of the Code of Criminal Procedure | 35 |
| of 1963 and in relation to petitions filed under Section 2-1401 | 36 |
| of the Code of Civil Procedure in relation to capital cases and |
|
|
|
HB0578 Enrolled |
- 9 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| for the representation of those petitioners by attorneys | 2 |
| approved by or contracted with the State Appellate Defender . | 3 |
| The State Appellate Defender may appear before the
General | 4 |
| Assembly at other times during the State's fiscal year to | 5 |
| request
supplemental appropriations from the Trust Fund to the | 6 |
| State Treasurer.
| 7 |
| (e) The requirement for reporting to the General Assembly | 8 |
| shall be
satisfied
by filing copies of the report with the | 9 |
| Speaker, the Minority Leader and
the Clerk of the House of | 10 |
| Representatives and the President, the Minority
Leader and the | 11 |
| Secretary of the Senate and the Legislative Research
Unit, as | 12 |
| required by Section 3.1 of the General Assembly Organization
| 13 |
| Act and filing such additional copies with the State Government | 14 |
| Report
Distribution Center for
the General Assembly as is | 15 |
| required under paragraph (t) of Section 7 of the
State Library | 16 |
| Act.
| 17 |
| (Source: P.A. 91-589, eff. 1-1-00.)
| 18 |
| Section 20. The Capital Crimes Litigation Act is amended by | 19 |
| changing Section 15 as follows:
| 20 |
| (725 ILCS 124/15)
| 21 |
| Sec. 15. Capital Litigation Trust Fund.
| 22 |
| (a) The Capital Litigation
Trust Fund is
created as a | 23 |
| special fund in the State Treasury. The Trust Fund shall be
| 24 |
| administered by
the State
Treasurer to provide moneys for the | 25 |
| appropriations to be made, grants to
be awarded, and | 26 |
| compensation and expenses to be paid under this Act.
All | 27 |
| interest earned from the investment or deposit of moneys | 28 |
| accumulated in the
Trust Fund shall, under Section 4.1 of the | 29 |
| State Finance Act, be deposited
into the Trust Fund.
| 30 |
| (b) Moneys deposited into the Trust Fund shall not be | 31 |
| considered general
revenue of the State of Illinois.
| 32 |
| (c) Moneys deposited into the Trust Fund shall be used | 33 |
| exclusively for the
purposes of
providing funding for the
| 34 |
| prosecution
and defense of capital cases and for providing |
|
|
|
HB0578 Enrolled |
- 10 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| funding for post-conviction proceedings in capital cases under | 2 |
| Article 122 of the Code of Criminal Procedure of 1963 and in | 3 |
| relation to petitions filed under Section 2-1401 of the Code of | 4 |
| Civil Procedure in relation to capital cases as provided in | 5 |
| this Act and shall not be
appropriated, loaned, or in any
| 6 |
| manner
transferred to the General Revenue Fund of the State of | 7 |
| Illinois.
| 8 |
| (d) Every fiscal year the State Treasurer shall transfer | 9 |
| from the General
Revenue Fund to the Capital Litigation Trust | 10 |
| Fund an amount equal to the full
amount of moneys appropriated | 11 |
| by the General Assembly (both by original and
supplemental
| 12 |
| appropriation), less any unexpended balance from the previous | 13 |
| fiscal year, from
the Capital Litigation Trust Fund for the | 14 |
| specific
purpose of making funding available for the
| 15 |
| prosecution and defense of capital cases and for the litigation | 16 |
| expenses associated with post-conviction proceedings in | 17 |
| capital cases under Article 122 of the Code of Criminal | 18 |
| Procedure of 1963 and in relation to petitions filed under | 19 |
| Section 2-1401 of the Code of Civil Procedure in relation to | 20 |
| capital cases . The Public Defender and State's
Attorney in Cook | 21 |
| County, the State Appellate Defender, the State's Attorneys
| 22 |
| Appellate Prosecutor, and the Attorney General shall make | 23 |
| annual requests for
appropriations from 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 private | 27 |
| appointed defense counsel in Cook
County.
| 28 |
| (2) The State's Attorney in Cook County
shall request | 29 |
| an appropriation to the State Treasurer for expenses | 30 |
| incurred
by the State's
Attorney.
| 31 |
| (3) The State Appellate Defender shall request a direct | 32 |
| appropriation
from the Trust Fund for expenses incurred by | 33 |
| the State Appellate Defender in
providing assistance to | 34 |
| trial attorneys under item (c)(5) of Section 10 of the
| 35 |
| State Appellate Defender Act and for expenses incurred by | 36 |
| the State Appellate Defender in representing petitioners |
|
|
|
HB0578 Enrolled |
- 11 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| in capital cases in post-conviction proceedings under | 2 |
| Article 122 of the Code of Criminal Procedure of 1963 and | 3 |
| in relation to petitions filed under Section 2-1401 of the | 4 |
| Code of Civil Procedure in relation to capital cases and | 5 |
| for the representation of those petitioners by attorneys | 6 |
| approved by or contracted with the State Appellate Defender
| 7 |
| and
an appropriation to the State Treasurer for payments | 8 |
| from the Trust Fund for
the defense of cases in
counties | 9 |
| other than Cook County.
| 10 |
| (4) The State's Attorneys Appellate Prosecutor
shall | 11 |
| request a direct appropriation from the Trust Fund to pay | 12 |
| expenses
incurred by the State's Attorneys Appellate | 13 |
| Prosecutor and an appropriation to
the State Treasurer
for | 14 |
| payments from the Trust Fund for expenses incurred by | 15 |
| State's Attorneys in
counties other than Cook County.
| 16 |
| (5) The Attorney General shall request a direct
| 17 |
| appropriation from the Trust Fund to pay expenses incurred | 18 |
| by the Attorney
General in assisting
the State's Attorneys | 19 |
| in counties other than Cook
County and to pay for expenses | 20 |
| incurred by the Attorney General when the
Attorney General | 21 |
| is ordered by the presiding judge of the Criminal Division | 22 |
| of
the Circuit Court of Cook County to prosecute or | 23 |
| supervise the prosecution of
Cook County cases and for | 24 |
| expenses incurred by the Attorney General in representing | 25 |
| the State in post-conviction proceedings in capital cases | 26 |
| under Article 122 of the Code of Criminal Procedure of 1963 | 27 |
| and in relation to petitions filed under Section 2-1401 of | 28 |
| the Code of Civil Procedure in relation to capital cases .
| 29 |
| The Public Defender and State's Attorney in Cook County, | 30 |
| the State Appellate
Defender, the State's Attorneys Appellate | 31 |
| Prosecutor, and the Attorney General
may each request | 32 |
| supplemental appropriations from the Trust Fund during the
| 33 |
| fiscal
year.
| 34 |
| (e) Moneys in the Trust Fund shall be expended only as | 35 |
| follows:
| 36 |
| (1) To pay the State Treasurer's costs to administer |
|
|
|
HB0578 Enrolled |
- 12 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| the Trust Fund. The
amount
for this purpose may not exceed | 2 |
| 5% in any one fiscal year of the
amount otherwise | 3 |
| appropriated from the Trust Fund in the same
fiscal year.
| 4 |
| (2) To pay the capital litigation
expenses of trial | 5 |
| defense and post-conviction proceedings in capital cases | 6 |
| under Article 122 of the Code of Criminal Procedure of 1963 | 7 |
| and in relation to petitions filed under Section 2-1401 of | 8 |
| the Code of Civil Procedure in relation to capital cases
| 9 |
| including, but not limited
to, DNA testing, including DNA | 10 |
| testing under Section 116-3 of the Code of
Criminal | 11 |
| Procedure of 1963, analysis, and expert testimony, | 12 |
| investigatory and
other assistance, expert, forensic, and | 13 |
| other witnesses,
and mitigation specialists,
and grants | 14 |
| and aid
provided to public
defenders , appellate defenders, | 15 |
| and any attorney approved by or contracted with the State | 16 |
| Appellate Defender representing petitioners in | 17 |
| post-conviction proceedings in capital cases under Article | 18 |
| 122 of the Code of Criminal Procedure of 1963 and in | 19 |
| relation to petitions filed under Section 2-1401 of the | 20 |
| Code of Civil Procedure in relation to capital cases or | 21 |
| assistance to attorneys who have been appointed by the | 22 |
| court to
represent
defendants who are charged with capital | 23 |
| crimes.
| 24 |
| (3) To pay the compensation of trial attorneys, other | 25 |
| than public
defenders or appellate defenders , who
have
been | 26 |
| appointed by the court to represent defendants who are | 27 |
| charged with
capital crimes or attorneys approved by or | 28 |
| contracted with the State Appellate Defender to represent | 29 |
| petitioners in post-conviction proceedings in capital | 30 |
| cases under Article 122 of the Code of Criminal Procedure | 31 |
| of 1963 and in relation to petitions filed under Section | 32 |
| 2-1401 of the Code of Civil Procedure in relation to | 33 |
| capital cases .
| 34 |
| (4) To provide State's Attorneys with funding for | 35 |
| capital
litigation expenses and for expenses of | 36 |
| representing the State in post-conviction proceedings in |
|
|
|
HB0578 Enrolled |
- 13 - |
LRB093 05576 MBS 05668 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 including, but not limited to, | 5 |
| investigatory and other
assistance and expert,
forensic, | 6 |
| and other
witnesses necessary to prosecute capital cases.
| 7 |
| State's Attorneys
in any county other than Cook County | 8 |
| seeking funding for
capital litigation expenses and for | 9 |
| expenses of representing the State in post-conviction | 10 |
| proceedings in capital cases under Article 122 of the Code | 11 |
| of Criminal Procedure of 1963 and in relation to petitions | 12 |
| filed under Section 2-1401 of the Code of Civil Procedure | 13 |
| in relation to capital cases including, but not limited to,
| 14 |
| investigatory and other assistance
and expert, forensic, | 15 |
| or other witnesses under this
Section may request that
the | 16 |
| State's Attorneys Appellate Prosecutor or the Attorney | 17 |
| General, as the case
may be, certify the expenses as | 18 |
| reasonable,
necessary, and appropriate for payment from | 19 |
| the Trust Fund, on a form created
by the State Treasurer. | 20 |
| Upon certification of the expenses and delivery of the
| 21 |
| certification to the State Treasurer, the Treasurer shall | 22 |
| pay the expenses
directly from the Capital Litigation Trust | 23 |
| Fund if there are sufficient moneys
in the Trust Fund to | 24 |
| pay the expenses.
| 25 |
| (5) To provide financial support through the
Attorney | 26 |
| General pursuant to the Attorney General Act for the
| 27 |
| several county State's Attorneys outside of Cook County, | 28 |
| but shall not be used
to increase personnel for the | 29 |
| Attorney General's Office, except when the
Attorney | 30 |
| General is ordered by the presiding judge of the Criminal | 31 |
| Division of
the Circuit Court of Cook County to prosecute | 32 |
| or supervise the prosecution of
Cook County cases.
| 33 |
| (6) To provide financial support through the State's | 34 |
| Attorneys Appellate
Prosecutor pursuant to the State's | 35 |
| Attorneys Appellate Prosecutor's
Act for the several | 36 |
| county State's Attorneys outside of Cook County, but shall
|
|
|
|
HB0578 Enrolled |
- 14 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| not be used to increase personnel for the State's Attorneys | 2 |
| Appellate
Prosecutor.
| 3 |
| (7) To provide financial support to the State Appellate | 4 |
| Defender pursuant
to
the State Appellate Defender Act.
| 5 |
| Moneys expended from the Trust Fund shall be in addition to | 6 |
| county
funding for Public Defenders and State's Attorneys, and | 7 |
| shall not be used to
supplant or reduce ordinary and customary | 8 |
| county funding.
| 9 |
| (f) Moneys in the Trust Fund shall be appropriated to the | 10 |
| State Appellate
Defender, the State's Attorneys Appellate | 11 |
| Prosecutor, the Attorney General,
and
the State Treasurer. The | 12 |
| State Appellate Defender shall receive an
appropriation from | 13 |
| the Trust Fund to enable it to provide assistance to
appointed | 14 |
| defense counsel and attorneys approved by or contracted with | 15 |
| the State Appellate Defender to represent petitioners in | 16 |
| post-conviction proceedings in capital cases under Article 122 | 17 |
| of the Code of Criminal Procedure of 1963 and in relation to | 18 |
| petitions filed under Section 2-1401 of the Code of Civil | 19 |
| Procedure in relation to capital cases throughout the State and | 20 |
| to Public Defenders in
counties other than Cook.
The State's
| 21 |
| Attorneys Appellate Prosecutor and the Attorney General shall | 22 |
| receive
appropriations from the Trust Fund to enable them to | 23 |
| provide assistance to
State's Attorneys in counties other than | 24 |
| Cook County and when the Attorney
General is ordered by the
| 25 |
| presiding judge of the Criminal Division of the Circuit Court | 26 |
| of Cook County to
prosecute or supervise the prosecution of | 27 |
| Cook County cases.
Moneys shall be appropriated to the State | 28 |
| Treasurer to enable the Treasurer (i)
to make grants
to
Cook | 29 |
| County, (ii) to pay the expenses of Public Defenders , the State | 30 |
| Appellate Defender, the Attorney General, the Office of the | 31 |
| State's Attorneys Appellate Prosecutor, and State's
Attorneys | 32 |
| in counties other than Cook County, (iii) to pay the expenses | 33 |
| and
compensation of appointed defense counsel and attorneys | 34 |
| approved by or contracted with the State Appellate Defender to | 35 |
| represent petitioners in post-conviction proceedings in | 36 |
| capital cases under Article 122 of the Code of Criminal |
|
|
|
HB0578 Enrolled |
- 15 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| Procedure of 1963 and in relation to petitions filed under | 2 |
| Section 2-1401 of the Code of Civil Procedure in relation to | 3 |
| capital cases in counties other than Cook County,
and (iv) to | 4 |
| pay
the
costs of
administering the Trust Fund. All expenditures | 5 |
| and grants made from the Trust
Fund shall be subject to audit | 6 |
| by the Auditor General.
| 7 |
| (g) For Cook County, grants from the Trust Fund shall be
| 8 |
| made and administered as follows:
| 9 |
| (1) For each State fiscal year, the
State's Attorney | 10 |
| and Public Defender must each make a separate application | 11 |
| to
the State Treasurer for capital litigation grants.
| 12 |
| (2) The State Treasurer shall establish rules and | 13 |
| procedures for grant
applications. The rules shall require | 14 |
| the Cook County Treasurer as the grant
recipient to report | 15 |
| on a
periodic basis to the State Treasurer how much of the | 16 |
| grant has been
expended, how much of the grant is | 17 |
| remaining, and the purposes for which the
grant has been | 18 |
| used. The rules may also require the Cook County Treasurer | 19 |
| to
certify on
a periodic basis that expenditures of the | 20 |
| funds have been made for expenses
that are reasonable, | 21 |
| necessary, and appropriate for payment from the Trust
Fund.
| 22 |
| (3) The State Treasurer shall make the grants to the | 23 |
| Cook County Treasurer
as soon as possible after the | 24 |
| beginning of the State fiscal year.
| 25 |
| (4) The State's Attorney or Public Defender may apply | 26 |
| for supplemental
grants during the fiscal year.
| 27 |
| (5) Grant moneys shall be paid to the Cook County | 28 |
| Treasurer in block
grants and
held in separate accounts for
| 29 |
| the State's Attorney, the Public Defender, and court | 30 |
| appointed defense counsel
other than the Cook County Public | 31 |
| Defender, respectively, for the designated
fiscal year, | 32 |
| and are not subject to county appropriation.
| 33 |
| (6) Expenditure of grant moneys under this subsection | 34 |
| (g) is subject to
audit by the Auditor General.
| 35 |
| (7) The Cook County Treasurer shall immediately make | 36 |
| payment from the
appropriate separate account in the county |
|
|
|
HB0578 Enrolled |
- 16 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| treasury for capital litigation
expenses to the State's | 2 |
| Attorney, Public Defender, or court appointed defense
| 3 |
| counsel other than the Public Defender, as the case may be, | 4 |
| upon
order of the State's Attorney, Public Defender or the | 5 |
| court, respectively.
| 6 |
| (h) If a defendant in a capital case in Cook County is | 7 |
| represented by
court appointed counsel other than the Cook | 8 |
| County Public Defender, the
appointed counsel shall petition | 9 |
| the court for an order directing the Cook
County Treasurer to | 10 |
| pay the court appointed counsel's reasonable and necessary
| 11 |
| compensation and capital
litigation expenses from grant moneys | 12 |
| provided from the Trust Fund.
These petitions shall be | 13 |
| considered in camera. Orders denying petitions for
| 14 |
| compensation or expenses are final.
Counsel may not petition | 15 |
| for expenses that may have been provided or
compensated by the | 16 |
| State
Appellate Defender under item (c)(5) of Section 10 of the | 17 |
| State Appellate
Defender Act.
| 18 |
| (i) In counties other than Cook County, and when the | 19 |
| Attorney General is
ordered by the presiding judge of the | 20 |
| Criminal Division of the Circuit Court of
Cook County to | 21 |
| prosecute or supervise the prosecution of Cook County cases,
| 22 |
| and excluding capital litigation
expenses or services that may | 23 |
| have been provided by the State Appellate
Defender under item | 24 |
| (c)(5) of
Section 10 of the State Appellate Defender Act:
| 25 |
| (1) Upon certification by the circuit court, on a form | 26 |
| created by the
State Treasurer, that all or a portion of | 27 |
| the
expenses are reasonable, necessary, and appropriate | 28 |
| for payment from the Trust
Fund and the court's delivery of | 29 |
| the
certification to the Treasurer, the Treasurer shall pay | 30 |
| the certified
expenses of Public Defenders and the State | 31 |
| Appellate Defender from the money appropriated to the | 32 |
| Treasurer for
capital litigation
expenses of Public | 33 |
| Defenders and post-conviction proceeding expenses in | 34 |
| capital cases of the State Appellate Defender and expenses | 35 |
| in relation to petitions filed under Section 2-1401 of the | 36 |
| Code of Civil Procedure in relation to capital cases in any |
|
|
|
HB0578 Enrolled |
- 17 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| county other than Cook County, if there are
sufficient | 2 |
| moneys in the Trust Fund to pay the expenses.
| 3 |
| (2) If a defendant in a capital case is represented by | 4 |
| court appointed
counsel other than the Public Defender, the | 5 |
| appointed counsel shall petition
the court to certify | 6 |
| compensation and capital litigation expenses including,
| 7 |
| but not limited to, investigatory and other assistance, | 8 |
| expert, forensic, and
other witnesses, and mitigation | 9 |
| specialists as reasonable, necessary, and
appropriate for
| 10 |
| payment from the Trust Fund. If a petitioner in a capital | 11 |
| case who has filed a petition for post-conviction relief | 12 |
| under Article 122 of the Code of Criminal Procedure of 1963 | 13 |
| or a petition under Section 2-1401 of the Code of Civil | 14 |
| Procedure in relation to capital cases is represented by an | 15 |
| attorney approved by or contracted with the State Appellate | 16 |
| Defender other than the State Appellate Defender, that | 17 |
| attorney shall petition
the court to certify compensation | 18 |
| and litigation expenses of post-conviction proceedings | 19 |
| under Article 122 of the Code of Criminal Procedure of 1963 | 20 |
| or in relation to petitions filed under Section 2-1401 of | 21 |
| the Code of Civil Procedure in relation to capital cases.
| 22 |
| Upon certification
on a form created by the State Treasurer | 23 |
| of all or a portion of the
compensation and expenses | 24 |
| certified as reasonable, necessary, and appropriate
for | 25 |
| payment
from the Trust
Fund and the court's delivery of the | 26 |
| certification to the
Treasurer, the State Treasurer shall | 27 |
| pay the certified compensation and
expenses from the money
| 28 |
| appropriated to the Treasurer for that purpose, if there | 29 |
| are sufficient
moneys in the Trust Fund to make those | 30 |
| payments.
| 31 |
| (3) A petition for capital litigation expenses or | 32 |
| post-conviction proceeding expenses or expenses incurred | 33 |
| in filing a petition under Section 2-1401 of the Code of | 34 |
| Civil Procedure in relation to capital cases under this | 35 |
| subsection shall
be considered in camera. Orders denying | 36 |
| petitions for compensation or expenses
are final.
|
|
|
|
HB0578 Enrolled |
- 18 - |
LRB093 05576 MBS 05668 b |
|
| 1 |
| (j) If the Trust Fund is discontinued or dissolved by an | 2 |
| Act of the General
Assembly or by operation of law, any balance | 3 |
| remaining in the Trust Fund shall
be returned to the General | 4 |
| Revenue Fund after deduction of administrative
costs, any other | 5 |
| provision of this Act to the contrary notwithstanding.
| 6 |
| (Source: P.A. 93-127, eff. 1-1-04; 93-605, eff. 11-19-03; | 7 |
| revised 12-9-03.)
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
|
|