Full Text of HB1641 94th General Assembly
HB1641ham001 94TH GENERAL ASSEMBLY
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Rep. Kurt M. Granberg
Filed: 4/12/2005
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| AMENDMENT TO HOUSE BILL 1641
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| AMENDMENT NO. ______. Amend House Bill 1641 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Capital Crimes Litigation Act is amended by | 5 |
| changing Sections 10 and 15 and by adding Section 5-5 as | 6 |
| follows:
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| (725 ILCS 124/5-5 new) | 8 |
| Sec. 5-5. Litigation budget. | 9 |
| (a) In a case in which the State has filed a statement of | 10 |
| intent to seek the death penalty, the court shall require | 11 |
| appointed counsel, after counsel has had adequate time to | 12 |
| review the case and prior to engaging trial assistance, to | 13 |
| submit a proposed estimated litigation budget for court | 14 |
| approval by the trial judge, including the use of investigators | 15 |
| and other litigation support provided by the Office of the | 16 |
| State Appellate Defender, that will be subject to modification | 17 |
| in light of facts and developments that emerge as the case | 18 |
| proceeds. Case budgets should be submitted ex parte and filed | 19 |
| and maintained under seal in order to protect the defendant's | 20 |
| right to effective assistance of counsel, right not to | 21 |
| incriminate him or herself, and all applicable privileges.
| 22 |
| (b) The litigation budget shall serve purposes comparable | 23 |
| to those of private retainer agreements by confirming both the | 24 |
| court's and the attorney's expectations regarding fees and |
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| expenses.
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| (c) The budget shall be incorporated into a sealed initial | 3 |
| pretrial order that reflects the understandings of the court | 4 |
| and counsel regarding all matters affecting counsel | 5 |
| compensation and reimbursement and payments for investigative, | 6 |
| expert, and other services, including, but not limited to, the | 7 |
| following matters:
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| (1) The hourly rate and approximated amount of time at | 9 |
| which counsel will be compensated;
| 10 |
| (2) The hourly rate and approximated amount of time at | 11 |
| which private investigators, other than investigators | 12 |
| employed by the Office of the State Appellate Defender in | 13 |
| the event that they are unable to provide assistance, will | 14 |
| be compensated; and
| 15 |
| (3) The best preliminary estimate that can be made of | 16 |
| the cost of all services, including, but not limited to, | 17 |
| counsel, expert, and investigative services that are | 18 |
| likely to be needed through the guilt and penalty phases of | 19 |
| the trial. The court shall have discretion to require that | 20 |
| budgets be prepared for shorter intervals of time. | 21 |
| (d) Appointed counsel may obtain, subject to later review, | 22 |
| investigative,
expert, or other services without prior | 23 |
| authorization if necessary for an adequate defense. Appointed | 24 |
| counsel shall file a written motion, supported by an affidavit, | 25 |
| for modification of the litigation budget nunc pro tunc as soon | 26 |
| as practicable after obtaining trial assistance. The court's | 27 |
| determination shall be based on the written motion and any | 28 |
| attachments that shall be maintained under seal along with the | 29 |
| case budget. Upon the court's finding that it was necessary for | 30 |
| an adequate defense that the appointed counsel obtain | 31 |
| investigative, expert, or other services without prior | 32 |
| authorization, the trial judge may then authorize the services | 33 |
| nunc pro tunc. If the court does not find that it was | 34 |
| necessary, it shall deny payment from the Capital Litigation |
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| Trust Fund for the unauthorized services. The court's denial of | 2 |
| a written motion for modification nunc pro tunc shall be a | 3 |
| final and appealable order.
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| (e) An approved budget shall guide counsel's use of time | 5 |
| and resources by indicating the services for which compensation | 6 |
| is authorized. Case budget shall be re-evaluated when justified | 7 |
| by changed or unexpected circumstances and shall be modified by | 8 |
| the court when reasonable and necessary for an adequate | 9 |
| defense.
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| (725 ILCS 124/10)
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| Sec. 10. Court appointed trial counsel; compensation and | 12 |
| expenses.
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| (a) This Section applies only to compensation and expenses | 14 |
| of trial
counsel appointed by the court as set forth in Section | 15 |
| 5,
other than public defenders, for the period after | 16 |
| arraignment and so long as
the
State's Attorney has not, at any | 17 |
| time, filed a certificate indicating he or she
will not seek | 18 |
| the death penalty or stated on the record in open court that | 19 |
| the
death penalty will not be sought.
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| (b) Appointed trial counsel
shall be compensated upon | 21 |
| presentment and
certification by the
circuit court of a claim | 22 |
| for services detailing the date, activity, and time
duration | 23 |
| for
which compensation is sought. Compensation for appointed | 24 |
| trial counsel may be
paid at
a reasonable rate
not to exceed | 25 |
| $125 per hour. The court shall not authorize payment of bills | 26 |
| that are not properly itemized or that do not comport with the | 27 |
| case budget or any subsequent modifications. A request for | 28 |
| payment shall be presented under seal and reviewed ex parte.
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| Beginning in 2001, every January 20, the statutory rate | 30 |
| prescribed in this
subsection shall
be automatically increased | 31 |
| or decreased, as applicable, by a percentage equal
to the
| 32 |
| percentage change in the consumer price index-u during the | 33 |
| preceding 12-month
calendar
year. "Consumer price index-u" |
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| means the index published by the Bureau of Labor
Statistics of | 2 |
| the United States Department of Labor that measures the average
| 3 |
| change in
prices of goods and services purchased by all urban | 4 |
| consumers, United States
city
average, all items, 1982-84=100. | 5 |
| The new rate resulting from each annual
adjustment
shall be | 6 |
| determined by the State Treasurer and made available to the | 7 |
| chief
judge of
each
judicial circuit.
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| (c) Appointed trial counsel may also petition the court for | 9 |
| certification of
expenses for
reasonable and necessary capital | 10 |
| litigation expenses including, but not limited
to, | 11 |
| investigatory and other assistance, expert, forensic, and | 12 |
| other
witnesses, and mitigation specialists.
Counsel may not | 13 |
| petition for certification of expenses that may have been
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| provided or compensated by the State Appellate Defender under | 15 |
| item (c)(5) of
Section 10 of the State
Appellate
Defender Act. | 16 |
| The court shall not authorize payment of bills that are not | 17 |
| properly itemized or that do not comport with the case budget | 18 |
| or any subsequent modifications. A request for payment shall be | 19 |
| presented under seal and reviewed ex parte.
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| (d) Appointed trial counsel shall petition the court for | 21 |
| certification of
compensation and expenses under this Section | 22 |
| periodically during the course of
counsel's representation. | 23 |
| The petitions shall be supported by itemized bills showing the | 24 |
| date, the amount of time spent, the work done, and the total | 25 |
| being charged for each entry, and shall comport with the case | 26 |
| budget or any subsequent modifications. A determination by the | 27 |
| court that the written petition submitted by appointed counsel | 28 |
| for compensation is not sufficiently itemized or does not | 29 |
| comport with the case budget shall be issued in writing and | 30 |
| shall contain directions to counsel for compliance. If
the | 31 |
| court determines that the compensation and expenses should be | 32 |
| paid from the
Capital
Litigation Trust Fund, the court shall | 33 |
| certify, on a form created by the State
Treasurer, that all or | 34 |
| a designated portion of the amount requested is
reasonable, |
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| necessary, and appropriate for payment from the Trust Fund.
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| Certification of compensation and expenses by a court in any | 3 |
| county other than
Cook County shall
be delivered by the court | 4 |
| to the State Treasurer and paid by the State
Treasurer
directly | 5 |
| from the Capital Litigation Trust Fund if there are sufficient | 6 |
| moneys
in the Trust Fund to pay the compensation and expenses. | 7 |
| The petitions and orders shall be kept under seal and shall be | 8 |
| exempt from Freedom of Information requests until the | 9 |
| conclusion of the trial and appeal of the case, even if the | 10 |
| prosecution chooses not to pursue the death penalty prior to | 11 |
| trial or sentencing. Certification of
compensation and | 12 |
| expenses by a court in
Cook
County shall be delivered by the | 13 |
| court to the county treasurer and paid by the
county treasurer | 14 |
| from moneys granted to the county from the Capital Litigation
| 15 |
| Trust Fund.
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| (e) The court may order compensation or reasonable and | 17 |
| necessary capital litigation expenses in camera upon a showing | 18 |
| that the basis for the request would substantially interfere | 19 |
| with defendant's defense strategy or otherwise cause unfair | 20 |
| prejudice to the defendant. Any request for an in camera order | 21 |
| shall be in writing. If the court allows an in camera hearing | 22 |
| on any request for compensation or reasonable and necessary | 23 |
| expenses a record shall be made of such proceedings.
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| (f) All matters regarding compensation shall be pursuant to | 25 |
| written petition or motion and written court order. In the | 26 |
| event a hearing is necessary for resolution of the issues, the | 27 |
| hearing may be conducted ex parte only upon a showing that the | 28 |
| basis of the request would substantially interfere with the | 29 |
| defendant's strategy or otherwise cause unfair prejudice to the | 30 |
| defendant and where a record is made of such proceedings. The | 31 |
| record of such ex parte hearings shall be maintained under | 32 |
| seal.
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| (Source: P.A. 91-589, eff. 1-1-00 .)
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| (725 ILCS 124/15)
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| Sec. 15. Capital Litigation Trust Fund.
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| (a) The Capital Litigation
Trust Fund is
created as a | 4 |
| special fund in the State Treasury. The Trust Fund shall be
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| administered by
the State
Treasurer to provide moneys for the | 6 |
| appropriations to be made, grants to
be awarded, and | 7 |
| compensation and expenses to be paid under this Act.
All | 8 |
| interest earned from the investment or deposit of moneys | 9 |
| accumulated in the
Trust Fund shall, under Section 4.1 of the | 10 |
| State Finance Act, be deposited
into the Trust Fund.
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| (b) Moneys deposited into the Trust Fund shall not be | 12 |
| considered general
revenue of the State of Illinois.
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| (c) Moneys deposited into the Trust Fund shall be used | 14 |
| exclusively for the
purposes of
providing funding for the
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| prosecution
and defense of capital cases and for providing | 16 |
| funding for post-conviction proceedings in capital cases under | 17 |
| Article 122 of the Code of Criminal Procedure of 1963 and in | 18 |
| relation to petitions filed under Section 2-1401 of the Code of | 19 |
| Civil Procedure in relation to capital cases as provided in | 20 |
| this Act and shall not be
appropriated, loaned, or in any
| 21 |
| manner
transferred to the General Revenue Fund of the State of | 22 |
| Illinois.
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| (d) Every fiscal year the State Treasurer shall transfer | 24 |
| from the General
Revenue Fund to the Capital Litigation Trust | 25 |
| Fund an amount equal to the full
amount of moneys appropriated | 26 |
| by the General Assembly (both by original and
supplemental
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| appropriation), less any unexpended balance from the previous | 28 |
| fiscal year, from
the Capital Litigation Trust Fund for the | 29 |
| specific
purpose of making funding available for the
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| prosecution and defense of capital cases and for the litigation | 31 |
| expenses associated with post-conviction proceedings in | 32 |
| capital cases under Article 122 of the Code of Criminal | 33 |
| Procedure of 1963 and in relation to petitions filed under | 34 |
| Section 2-1401 of the Code of Civil Procedure in relation to |
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| capital cases. The Public Defender and State's
Attorney in Cook | 2 |
| County, the State Appellate Defender, the State's Attorneys
| 3 |
| Appellate Prosecutor, and the Attorney General shall make | 4 |
| annual requests for
appropriations from the Trust Fund.
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| (1) The Public Defender in Cook County shall
request | 6 |
| appropriations to the State Treasurer for expenses | 7 |
| incurred by
the Public Defender
and for funding for private | 8 |
| appointed defense counsel in Cook
County.
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| (2) The State's Attorney in Cook County
shall request | 10 |
| an appropriation to the State Treasurer for expenses | 11 |
| incurred
by the State's
Attorney.
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| (3) The State Appellate Defender shall request a direct | 13 |
| appropriation
from the Trust Fund for expenses incurred by | 14 |
| the State Appellate Defender in
providing assistance to | 15 |
| trial attorneys under item (c)(5) of Section 10 of the
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| State Appellate Defender Act and for expenses incurred by | 17 |
| the State Appellate Defender in representing petitioners | 18 |
| in capital cases in post-conviction proceedings under | 19 |
| Article 122 of the Code of Criminal Procedure of 1963 and | 20 |
| in relation to petitions filed under Section 2-1401 of the | 21 |
| Code of Civil Procedure in relation to capital cases and | 22 |
| for the representation of those petitioners by attorneys | 23 |
| approved by or contracted with the State Appellate Defender
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| and
an appropriation to the State Treasurer for payments | 25 |
| from the Trust Fund for
the defense of cases in
counties | 26 |
| other than Cook County.
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| (4) The State's Attorneys Appellate Prosecutor
shall | 28 |
| request a direct appropriation from the Trust Fund to pay | 29 |
| expenses
incurred by the State's Attorneys Appellate | 30 |
| Prosecutor and an appropriation to
the State Treasurer
for | 31 |
| payments from the Trust Fund for expenses incurred by | 32 |
| State's Attorneys in
counties other than Cook County.
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| (5) The Attorney General shall request a direct
| 34 |
| appropriation from the Trust Fund to pay expenses incurred |
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| by the Attorney
General in assisting
the State's Attorneys | 2 |
| in counties other than Cook
County and to pay for expenses | 3 |
| incurred by the Attorney General when the
Attorney General | 4 |
| is ordered by the presiding judge of the Criminal Division | 5 |
| of
the Circuit Court of Cook County to prosecute or | 6 |
| supervise the prosecution of
Cook County cases and for | 7 |
| expenses incurred by the Attorney General in representing | 8 |
| the State in post-conviction proceedings in capital cases | 9 |
| under Article 122 of the Code of Criminal Procedure of 1963 | 10 |
| and in relation to petitions filed under Section 2-1401 of | 11 |
| the Code of Civil Procedure in relation to capital cases.
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| The Public Defender and State's Attorney in Cook County, | 13 |
| the State Appellate
Defender, the State's Attorneys Appellate | 14 |
| Prosecutor, and the Attorney General
may each request | 15 |
| supplemental appropriations from the Trust Fund during the
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| fiscal
year.
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| (e) Moneys in the Trust Fund shall be expended only as | 18 |
| follows:
| 19 |
| (1) To pay the State Treasurer's costs to administer | 20 |
| the Trust Fund. The
amount
for this purpose may not exceed | 21 |
| 5% in any one fiscal year of the
amount otherwise | 22 |
| appropriated from the Trust Fund in the same
fiscal year.
| 23 |
| (2) To pay the capital litigation
expenses of trial | 24 |
| defense and post-conviction proceedings in capital cases | 25 |
| under Article 122 of the Code of Criminal Procedure of 1963 | 26 |
| and in relation to petitions filed under Section 2-1401 of | 27 |
| the Code of Civil Procedure in relation to capital cases
| 28 |
| including, but not limited
to, DNA testing, including DNA | 29 |
| testing under Section 116-3 of the Code of
Criminal | 30 |
| Procedure of 1963, analysis, and expert testimony, | 31 |
| investigatory and
other assistance, expert, forensic, and | 32 |
| other witnesses,
and mitigation specialists,
and grants | 33 |
| and aid
provided to public
defenders, appellate defenders, | 34 |
| and any attorney approved by or contracted with the State |
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| Appellate Defender representing petitioners in | 2 |
| post-conviction proceedings in capital cases under Article | 3 |
| 122 of the Code of Criminal Procedure of 1963 and in | 4 |
| relation to petitions filed under Section 2-1401 of the | 5 |
| Code of Civil Procedure in relation to capital cases or | 6 |
| assistance to attorneys who have been appointed by the | 7 |
| court to
represent
defendants who are charged with capital | 8 |
| crimes.
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| (3) To pay the compensation of trial attorneys, other | 10 |
| than public
defenders or appellate defenders, who
have
been | 11 |
| appointed by the court to represent defendants who are | 12 |
| charged with
capital crimes or attorneys approved by or | 13 |
| contracted with the State Appellate Defender to represent | 14 |
| petitioners in post-conviction proceedings in capital | 15 |
| cases under Article 122 of the Code of Criminal Procedure | 16 |
| of 1963 and in relation to petitions filed under Section | 17 |
| 2-1401 of the Code of Civil Procedure in relation to | 18 |
| capital cases.
| 19 |
| (4) To provide State's Attorneys with funding for | 20 |
| capital
litigation expenses and for expenses of | 21 |
| representing the State in post-conviction proceedings in | 22 |
| capital cases under Article 122 of the Code of Criminal | 23 |
| Procedure of 1963 and in relation to petitions filed under | 24 |
| Section 2-1401 of the Code of Civil Procedure in relation | 25 |
| to capital cases including, but not limited to, | 26 |
| investigatory and other
assistance and expert,
forensic, | 27 |
| and other
witnesses necessary to prosecute capital cases.
| 28 |
| State's Attorneys
in any county other than Cook County | 29 |
| seeking funding for
capital litigation expenses and for | 30 |
| expenses of representing the State in post-conviction | 31 |
| proceedings in capital cases under Article 122 of the Code | 32 |
| of Criminal Procedure of 1963 and in relation to petitions | 33 |
| filed under Section 2-1401 of the Code of Civil Procedure | 34 |
| in relation to capital cases including, but not limited to,
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| investigatory and other assistance
and expert, forensic, | 2 |
| or other witnesses under this
Section may request that
the | 3 |
| State's Attorneys Appellate Prosecutor or the Attorney | 4 |
| General, as the case
may be, certify the expenses as | 5 |
| reasonable,
necessary, and appropriate for payment from | 6 |
| the Trust Fund, on a form created
by the State Treasurer. | 7 |
| Upon certification of the expenses and delivery of the
| 8 |
| certification to the State Treasurer, the Treasurer shall | 9 |
| pay the expenses
directly from the Capital Litigation Trust | 10 |
| Fund if there are sufficient moneys
in the Trust Fund to | 11 |
| pay the expenses.
| 12 |
| (5) To provide financial support through the
Attorney | 13 |
| General pursuant to the Attorney General Act for the
| 14 |
| several county State's Attorneys outside of Cook County, | 15 |
| but shall not be used
to increase personnel for the | 16 |
| Attorney General's Office, except when the
Attorney | 17 |
| General is ordered by the presiding judge of the Criminal | 18 |
| Division of
the Circuit Court of Cook County to prosecute | 19 |
| or supervise the prosecution of
Cook County cases.
| 20 |
| (6) To provide financial support through the State's | 21 |
| Attorneys Appellate
Prosecutor pursuant to the State's | 22 |
| Attorneys Appellate Prosecutor's
Act for the several | 23 |
| county State's Attorneys outside of Cook County, but shall
| 24 |
| not be used to increase personnel for the State's Attorneys | 25 |
| Appellate
Prosecutor.
| 26 |
| (7) To provide financial support to the State Appellate | 27 |
| Defender pursuant
to
the State Appellate Defender Act.
| 28 |
| Moneys expended from the Trust Fund shall be in addition to | 29 |
| county
funding for Public Defenders and State's Attorneys, and | 30 |
| shall not be used to
supplant or reduce ordinary and customary | 31 |
| county funding.
| 32 |
| (f) Moneys in the Trust Fund shall be appropriated to the | 33 |
| State Appellate
Defender, the State's Attorneys Appellate | 34 |
| Prosecutor, the Attorney General,
and
the State Treasurer. The |
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| State Appellate Defender shall receive an
appropriation from | 2 |
| the Trust Fund to enable it to provide assistance to
appointed | 3 |
| defense counsel and attorneys approved by or contracted with | 4 |
| the State Appellate Defender to represent petitioners in | 5 |
| post-conviction proceedings in capital cases under Article 122 | 6 |
| of the Code of Criminal Procedure of 1963 and in relation to | 7 |
| petitions filed under Section 2-1401 of the Code of Civil | 8 |
| Procedure in relation to capital cases throughout the State and | 9 |
| to Public Defenders in
counties other than Cook.
The State's
| 10 |
| Attorneys Appellate Prosecutor and the Attorney General shall | 11 |
| receive
appropriations from the Trust Fund to enable them to | 12 |
| provide assistance to
State's Attorneys in counties other than | 13 |
| Cook County and when the Attorney
General is ordered by the
| 14 |
| presiding judge of the Criminal Division of the Circuit Court | 15 |
| of Cook County to
prosecute or supervise the prosecution of | 16 |
| Cook County cases.
Moneys shall be appropriated to the State | 17 |
| Treasurer to enable the Treasurer (i)
to make grants
to
Cook | 18 |
| County, (ii) to pay the expenses of Public Defenders, the State | 19 |
| Appellate Defender, the Attorney General, the Office of the | 20 |
| State's Attorneys Appellate Prosecutor, and State's
Attorneys | 21 |
| in counties other than Cook County, (iii) to pay the expenses | 22 |
| and
compensation of appointed defense counsel and attorneys | 23 |
| approved by or contracted with the State Appellate Defender to | 24 |
| represent petitioners in post-conviction proceedings in | 25 |
| capital cases under Article 122 of the Code of Criminal | 26 |
| Procedure of 1963 and in relation to petitions filed under | 27 |
| Section 2-1401 of the Code of Civil Procedure in relation to | 28 |
| capital cases in counties other than Cook County,
and (iv) to | 29 |
| pay
the
costs of
administering the Trust Fund. All expenditures | 30 |
| and grants made from the Trust
Fund shall be subject to audit | 31 |
| by the Auditor General.
| 32 |
| (g) For Cook County, grants from the Trust Fund shall be
| 33 |
| made and administered as follows:
| 34 |
| (1) For each State fiscal year, the
State's Attorney |
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| and Public Defender must each make a separate application | 2 |
| to
the State Treasurer for capital litigation grants.
| 3 |
| (2) The State Treasurer shall establish rules and | 4 |
| procedures for grant
applications. The rules shall require | 5 |
| the Cook County Treasurer as the grant
recipient to report | 6 |
| on a
periodic basis to the State Treasurer how much of the | 7 |
| grant has been
expended, how much of the grant is | 8 |
| remaining, and the purposes for which the
grant has been | 9 |
| used. The rules may also require the Cook County Treasurer | 10 |
| to
certify on
a periodic basis that expenditures of the | 11 |
| funds have been made for expenses
that are reasonable, | 12 |
| necessary, and appropriate for payment from the Trust
Fund.
| 13 |
| (3) The State Treasurer shall make the grants to the | 14 |
| Cook County Treasurer
as soon as possible after the | 15 |
| beginning of the State fiscal year.
| 16 |
| (4) The State's Attorney or Public Defender may apply | 17 |
| for supplemental
grants during the fiscal year.
| 18 |
| (5) Grant moneys shall be paid to the Cook County | 19 |
| Treasurer in block
grants and
held in separate accounts for
| 20 |
| the State's Attorney, the Public Defender, and court | 21 |
| appointed defense counsel
other than the Cook County Public | 22 |
| Defender, respectively, for the designated
fiscal year, | 23 |
| and are not subject to county appropriation.
| 24 |
| (6) Expenditure of grant moneys under this subsection | 25 |
| (g) is subject to
audit by the Auditor General.
| 26 |
| (7) The Cook County Treasurer shall immediately make | 27 |
| payment from the
appropriate separate account in the county | 28 |
| treasury for capital litigation
expenses to the State's | 29 |
| Attorney, Public Defender, or court appointed defense
| 30 |
| counsel other than the Public Defender, as the case may be, | 31 |
| upon
order of the State's Attorney, Public Defender or the | 32 |
| court, respectively.
| 33 |
| (h) If a defendant in a capital case in Cook County is | 34 |
| represented by
court appointed counsel other than the Cook |
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| County Public Defender, the
appointed counsel shall petition | 2 |
| the court for an order directing the Cook
County Treasurer to | 3 |
| pay the court appointed counsel's reasonable and necessary
| 4 |
| compensation and capital
litigation expenses from grant moneys | 5 |
| provided from the Trust Fund.
The petitions shall be supported | 6 |
| by itemized bills showing the date, the amount of time spent, | 7 |
| the work done, and the total being charged for each entry. The | 8 |
| court shall not authorize payment of bills that are not | 9 |
| properly itemized or that do not comport with the case budget | 10 |
| or subsequent modifications.
These petitions shall be | 11 |
| considered in camera. Orders denying petitions for
| 12 |
| compensation or expenses are final.
Counsel may not petition | 13 |
| for expenses that may have been provided or
compensated by the | 14 |
| State
Appellate Defender under item (c)(5) of Section 10 of the | 15 |
| State Appellate
Defender Act.
| 16 |
| (i) In counties other than Cook County, and when the | 17 |
| Attorney General is
ordered by the presiding judge of the | 18 |
| Criminal Division of the Circuit Court of
Cook County to | 19 |
| prosecute or supervise the prosecution of Cook County cases,
| 20 |
| and excluding capital litigation
expenses or services that may | 21 |
| have been provided by the State Appellate
Defender under item | 22 |
| (c)(5) of
Section 10 of the State Appellate Defender Act:
| 23 |
| (1) Upon certification by the circuit court, on a form | 24 |
| created by the
State Treasurer, that all or a portion of | 25 |
| the
expenses are reasonable, necessary, and appropriate | 26 |
| for payment from the Trust
Fund and the court's delivery of | 27 |
| the
certification to the Treasurer, the Treasurer shall pay | 28 |
| the certified
expenses of Public Defenders and the State | 29 |
| Appellate Defender from the money appropriated to the | 30 |
| Treasurer for
capital litigation
expenses of Public | 31 |
| Defenders and post-conviction proceeding expenses in | 32 |
| capital cases of the State Appellate Defender and expenses | 33 |
| in relation to petitions filed under Section 2-1401 of the | 34 |
| Code of Civil Procedure in relation to capital cases in any |
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| 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 |
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| subsection shall
be considered in camera. Orders denying | 2 |
| petitions for compensation or expenses
are final.
| 3 |
| (j) If the Trust Fund is discontinued or dissolved by an | 4 |
| Act of the General
Assembly or by operation of law, any balance | 5 |
| remaining in the Trust Fund shall
be returned to the General | 6 |
| Revenue Fund after deduction of administrative
costs, any other | 7 |
| provision of this Act to the contrary notwithstanding.
| 8 |
| (Source: P.A. 93-127, eff. 1-1-04; 93-605, eff. 11-19-03; | 9 |
| 93-972, eff. 8-20-04.)
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
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