093_HB1281ham003











                                     LRB093 04396 DRJ 14440 a

 1                    AMENDMENT TO HOUSE BILL 1281

 2        AMENDMENT NO.     .  Amend House Bill 1281,  AS  AMENDED,
 3    by inserting after the enacting clause the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Capital Punishment Reform Study Committee Act.

 6        Section 2. Capital Punishment Reform Study Committee.
 7        (a)  There is created the Capital Punishment Reform Study
 8    Committee hereafter referred to as the  Committee  consisting
 9    of 15 members appointed as follows:
10             (1)  Three members appointed by the President of the
11        Senate;
12             (2)  Two members appointed by the Minority Leader of
13        the Senate;
14             (3)  Three  members  appointed by the Speaker of the
15        House of  Representatives;
16             (4)  Two members appointed by the Minority Leader of
17        the House of   Representatives;
18             (5)  One member appointed by the Attorney General;
19             (6)  One member appointed by the Governor;
20             (7)  One member appointed by the Cook County State's
21        Attorney;
22             (8)  One member appointed by the Office of the  Cook
 
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 1        County Public  Defender; and
 2             (9)  One member appointed by the Office of the State
 3        Appellate Defender.
 4        (b)  The  Committee shall study the impact of the various
 5    reforms to the capital punishment system enacted by the  93rd
 6    General  Assembly and annually report to the General Assembly
 7    on the effects of these reforms. Each report shall include:
 8             (1)  The impact of  the  reforms  on  the  issue  of
 9        uniformity  and proportionality in the application of the
10        death penalty including, but not limited to, the tracking
11        of data related to whether the  reforms  have  eliminated
12        the  statistically  significant differences in sentencing
13        related to the geographic location of  the  homicide  and
14        the race of the victim found by the Governor's Commission
15        on  Capital  Punishment in its report issued on April 15,
16        2002.
17             (2)  The  implementation  of  training  for  police,
18        prosecutors, defense attorneys, and judges as recommended
19        by the Governor's Commission on Capital Punishment.
20             (3)  The  impact  of  the  various  reforms  on  the
21        quality of evidence used during capital prosecutions.
22             (4)  The  quality  of  representation  provided   by
23        defense counsel to defendants in capital prosecutions.
24             (5)  The  impact of the various reforms on the costs
25        associated with the      administration of  the  Illinois
26        capital punishment system.
27        (c)  The  Committee  shall  hold  hearings  on a periodic
28    basis to receive testimony  from  the  public  regarding  the
29    manner  in which reforms have impacted the capital punishment
30    system.
31        (d)  The Committee shall submit its final report  to  the
32    General  Assembly  no  later than 5 years after the effective
33    date of this Act."; and

34    at the end of subsection (j) of Sec. 14-3 of  Section  10  by
 
                            -3-      LRB093 04396 DRJ 14440 a
 1    deleting "and"; and

 2    in  subsection  (k),  before  the  period,  by  inserting the
 3    following:
 4    "; and
 5        (l) With approval of the State' Attorney of the county in
 6    which it is to occur, recording or listening with the aid  of
 7    any  device  to  any  conversation  where  a  law enforcement
 8    officer, or  any  person  acting  at  the  direction  of  law
 9    enforcement  officer,  is a party to the conversation and has
10    consented to it being intercepted or recorded in  the  course
11    of  an  investigation  of  a felony violation of the Illinois
12    Controlled Substances  Act  or  a  felony  violation  of  the
13    Cannabis  Control  Act. In all such cases, an application for
14    an order approving  the  previous  use  of  an  eavesdropping
15    device  must  be  made within 24 hours of the commencement of
16    such use. In the absence  of  such  an  order,  or  upon  its
17    denial,  any  recording  or evidence derived as the result of
18    this exemption  shall  be  inadmissible  in  any  proceeding,
19    criminal,  civil,  or  administrative,  except  when  used as
20    direct impeachment of a witness concerning matters  contained
21    in  the  interception  or  recording.  The  Director of State
22    Police shall issue rules as are necessary concerning the  use
23    of   devices,  retention  of  tape  recordings,  and  reports
24    regarding their use"; and

25    in  the  introductory  clause  of  Section  15  by  inserting
26    "108A-12,", after "adding Sections"; and

27    by inserting after the introductory clause of Section 15  the
28    following:

29        "(725 ILCS 5/108A-12 new)
30        Sec. 108A-12. Undercover narcotic investigation exception
31    to procedures.
32        (a) With prior notification to and verbal approval of the
 
                            -4-      LRB093 04396 DRJ 14440 a
 1    State's  Attorney  of the county in which the conversation is
 2    anticipated to occur or his or  her  designee,  recording  or
 3    listening  with  the  aid  of  an  eavesdropping  device to a
 4    conversation in which  a  law  enforcement  officer,  or  any
 5    person  acting at the direction of a law enforcement officer,
 6    is a party to an undercover conversation and has consented to
 7    the conversation being intercepted or recorded in the  course
 8    of  an  investigation  of  a felony violation of the Illinois
 9    Controlled Substances  Act  or  a  felony  violation  of  the
10    Cannabis Control Act.
11        (b)  In all such cases, any recording or evidence derived
12    as  the result of this exemption shall be inadmissible in any
13    proceeding, criminal, civil,  or  administrative,  unless  an
14    application for an order approving the previous or continuing
15    use of an eavesdropping device is made within 72 hours of the
16    commencement  of  such  use and the order is approved. In the
17    absence  of  an  order  approving  use  of  the  device,  any
18    continuing use  shall  immediately  terminate.  In  order  to
19    approve such undercover use of an eavesdropping device during
20    an  investigation  of  a  felony  violation  of  the Illinois
21    Controlled Substances  Act  or  a  felony  violation  of  the
22    Cannabis  Control  Act,  the  judge must make a determination
23    that: (1) a law enforcement officer, or any person acting  at
24    the  direction  of a law enforcement officer has consented to
25    an undercover conversation concerning a felony  violation  of
26    the  Illinois Controlled Substances Act or a felony violation
27    of the Cannabis Control Act being intercepted or recorded and
28    (2) the judge would have granted an order had the information
29    been before the court prior to the use of  the  eavesdropping
30    device.
31        (c)  In  the event that an application for approval under
32    this Section is  denied  the  contents  of  the  conversation
33    overheard  or  recorded  shall  be  treated  as  having  been
34    obtained in violation of this Article.".