Full Text of SB2082 94th General Assembly
SB2082enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Freedom of Information Act is amended by | 5 |
| changing Section 7 as follows: | 6 |
| (5 ILCS 140/7) (from Ch. 116, par. 207)
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| Sec. 7. Exemptions.
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| (1) The following shall be exempt from inspection and | 9 |
| copying:
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| (a) Information specifically prohibited from | 11 |
| disclosure by federal or
State law or rules and regulations | 12 |
| adopted under federal or State law.
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| (b) Information that, if disclosed, would constitute a | 14 |
| clearly
unwarranted invasion of personal privacy, unless | 15 |
| the disclosure is
consented to in writing by the individual | 16 |
| subjects of the information. The
disclosure of information | 17 |
| that bears on the public duties of public
employees and | 18 |
| officials shall not be considered an invasion of personal
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| privacy. Information exempted under this subsection (b) | 20 |
| shall include but
is not limited to:
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| (i) files and personal information maintained with | 22 |
| respect to
clients, patients, residents, students or | 23 |
| other individuals receiving
social, medical, | 24 |
| educational, vocational, financial, supervisory or
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| custodial care or services directly or indirectly from | 26 |
| federal agencies
or public bodies;
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| (ii) personnel files and personal information | 28 |
| maintained with
respect to employees, appointees or | 29 |
| elected officials of any public body or
applicants for | 30 |
| those positions;
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| (iii) files and personal information maintained | 32 |
| with respect to any
applicant, registrant or licensee |
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| by any public body cooperating with or
engaged in | 2 |
| professional or occupational registration, licensure | 3 |
| or discipline;
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| (iv) information required of any taxpayer in | 5 |
| connection with the
assessment or collection of any tax | 6 |
| unless disclosure is otherwise required
by State | 7 |
| statute;
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| (v) information revealing the identity of persons | 9 |
| who file complaints
with or provide information to | 10 |
| administrative, investigative, law enforcement
or | 11 |
| penal agencies; provided, however, that identification | 12 |
| of witnesses to
traffic accidents, traffic accident | 13 |
| reports, and rescue reports may be provided
by agencies | 14 |
| of local government, except in a case for which a | 15 |
| criminal
investigation is ongoing, without | 16 |
| constituting a clearly unwarranted per se
invasion of | 17 |
| personal privacy under this subsection; and
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| (vi) the names, addresses, or other personal | 19 |
| information of
participants and registrants in park | 20 |
| district, forest preserve district, and
conservation | 21 |
| district programs.
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| (c) Records compiled by any public body for | 23 |
| administrative enforcement
proceedings and any law | 24 |
| enforcement or correctional agency for
law enforcement | 25 |
| purposes or for internal matters of a public body,
but only | 26 |
| to the extent that disclosure would:
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| (i) interfere with pending or actually and | 28 |
| reasonably contemplated
law enforcement proceedings | 29 |
| conducted by any law enforcement or correctional
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| agency;
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| (ii) interfere with pending administrative | 32 |
| enforcement proceedings
conducted by any public body;
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| (iii) deprive a person of a fair trial or an | 34 |
| impartial hearing;
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| (iv) unavoidably disclose the identity of a | 36 |
| confidential source or
confidential information |
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| furnished only by the confidential source;
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| (v) disclose unique or specialized investigative | 3 |
| techniques other than
those generally used and known or | 4 |
| disclose internal documents of
correctional agencies | 5 |
| related to detection, observation or investigation of
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| incidents of crime or misconduct;
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| (vi) constitute an invasion of personal privacy | 8 |
| under subsection (b) of
this Section;
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| (vii) endanger the life or physical safety of law | 10 |
| enforcement personnel
or any other person; or
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| (viii) obstruct an ongoing criminal investigation.
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| (d) Criminal history record information maintained by | 13 |
| State or local
criminal justice agencies, except the | 14 |
| following which shall be open for
public inspection and | 15 |
| copying:
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| (i) chronologically maintained arrest information, | 17 |
| such as traditional
arrest logs or blotters;
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| (ii) the name of a person in the custody of a law | 19 |
| enforcement agency and
the charges for which that | 20 |
| person is being held;
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| (iii) court records that are public;
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| (iv) records that are otherwise available under | 23 |
| State or local law; or
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| (v) records in which the requesting party is the | 25 |
| individual
identified, except as provided under part | 26 |
| (vii) of
paragraph (c) of subsection (1) of this | 27 |
| Section.
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| "Criminal history record information" means data | 29 |
| identifiable to an
individual and consisting of | 30 |
| descriptions or notations of arrests,
detentions, | 31 |
| indictments, informations, pre-trial proceedings, trials, | 32 |
| or
other formal events in the criminal justice system or | 33 |
| descriptions or
notations of criminal charges (including | 34 |
| criminal violations of local
municipal ordinances) and the | 35 |
| nature of any disposition arising therefrom,
including | 36 |
| sentencing, court or correctional supervision, |
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| rehabilitation and
release. The term does not apply to | 2 |
| statistical records and reports in
which individuals are | 3 |
| not identified and from which
their identities are not | 4 |
| ascertainable, or to information that is for
criminal | 5 |
| investigative or intelligence purposes.
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| (e) Records that relate to or affect the security of | 7 |
| correctional
institutions and detention facilities.
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| (f) Preliminary drafts, notes, recommendations, | 9 |
| memoranda and other
records in which opinions are | 10 |
| expressed, or policies or actions are
formulated, except | 11 |
| that a specific record or relevant portion of a
record | 12 |
| shall not be exempt when the record is publicly cited
and | 13 |
| identified by the head of the public body. The exemption | 14 |
| provided in
this paragraph (f) extends to all those records | 15 |
| of officers and agencies
of the General Assembly that | 16 |
| pertain to the preparation of legislative
documents.
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| (g) Trade secrets and commercial or financial | 18 |
| information obtained from
a person or business where the | 19 |
| trade secrets or information are
proprietary, privileged | 20 |
| or confidential, or where disclosure of the trade
secrets | 21 |
| or information may cause competitive harm, including all
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| information determined to be confidential under Section | 23 |
| 4002 of the
Technology Advancement and Development Act. | 24 |
| Nothing contained in this
paragraph (g) shall be construed | 25 |
| to prevent a person or business from
consenting to | 26 |
| disclosure.
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| (h) Proposals and bids for any contract, grant, or | 28 |
| agreement, including
information which if it were | 29 |
| disclosed would frustrate procurement or give
an advantage | 30 |
| to any person proposing to enter into a contractor | 31 |
| agreement
with the body, until an award or final selection | 32 |
| is made. Information
prepared by or for the body in | 33 |
| preparation of a bid solicitation shall be
exempt until an | 34 |
| award or final selection is made.
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| (i) Valuable formulae,
computer geographic systems,
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| designs, drawings and research data obtained or
produced by |
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| any public body when disclosure could reasonably be | 2 |
| expected to
produce private gain or public loss.
The | 3 |
| exemption for "computer geographic systems" provided in | 4 |
| this paragraph
(i) does not extend to requests made by news | 5 |
| media as defined in Section 2 of
this Act when the | 6 |
| requested information is not otherwise exempt and the only
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| purpose of the request is to access and disseminate | 8 |
| information regarding the
health, safety, welfare, or | 9 |
| legal rights of the general public.
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| (j) Test questions, scoring keys and other examination | 11 |
| data used to
administer an academic examination or | 12 |
| determined the qualifications of an
applicant for a license | 13 |
| or employment.
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| (k) Architects' plans, engineers' technical | 15 |
| submissions, and
other
construction related technical | 16 |
| documents for
projects not constructed or developed in | 17 |
| whole or in part with public funds
and the same for | 18 |
| projects constructed or developed with public funds, but
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| only to the extent
that disclosure would compromise | 20 |
| security, including but not limited to water
treatment | 21 |
| facilities, airport facilities, sport stadiums, convention | 22 |
| centers,
and all government owned, operated, or occupied | 23 |
| buildings.
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| (l) Library circulation and order records identifying | 25 |
| library users with
specific materials.
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| (m) Minutes of meetings of public bodies closed to the
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| public as provided in the Open Meetings Act until the | 28 |
| public body
makes the minutes available to the public under | 29 |
| Section 2.06 of the Open
Meetings Act.
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| (n) Communications between a public body and an | 31 |
| attorney or auditor
representing the public body that would | 32 |
| not be subject to discovery in
litigation, and materials | 33 |
| prepared or compiled by or for a public body in
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| anticipation of a criminal, civil or administrative | 35 |
| proceeding upon the
request of an attorney advising the | 36 |
| public body, and materials prepared or
compiled with |
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| respect to internal audits of public bodies.
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| (o) Information received by a primary or secondary | 3 |
| school, college or
university under its procedures for the | 4 |
| evaluation of faculty members by
their academic peers.
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| (p) Administrative or technical information associated | 6 |
| with automated
data processing operations, including but | 7 |
| not limited to software,
operating protocols, computer | 8 |
| program abstracts, file layouts, source
listings, object | 9 |
| modules, load modules, user guides, documentation
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| pertaining to all logical and physical design of | 11 |
| computerized systems,
employee manuals, and any other | 12 |
| information that, if disclosed, would
jeopardize the | 13 |
| security of the system or its data or the security of
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| materials exempt under this Section.
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| (q) Documents or materials relating to collective | 16 |
| negotiating matters
between public bodies and their | 17 |
| employees or representatives, except that
any final | 18 |
| contract or agreement shall be subject to inspection and | 19 |
| copying.
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| (r) Drafts, notes, recommendations and memoranda | 21 |
| pertaining to the
financing and marketing transactions of | 22 |
| the public body. The records of
ownership, registration, | 23 |
| transfer, and exchange of municipal debt
obligations, and | 24 |
| of persons to whom payment with respect to these | 25 |
| obligations
is made.
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| (s) The records, documents and information relating to | 27 |
| real estate
purchase negotiations until those negotiations | 28 |
| have been completed or
otherwise terminated. With regard to | 29 |
| a parcel involved in a pending or
actually and reasonably | 30 |
| contemplated eminent domain proceeding under
Article VII | 31 |
| of the Code of Civil Procedure, records, documents and
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| information relating to that parcel shall be exempt except | 33 |
| as may be
allowed under discovery rules adopted by the | 34 |
| Illinois Supreme Court. The
records, documents and | 35 |
| information relating to a real estate sale shall be
exempt | 36 |
| until a sale is consummated.
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| (t) Any and all proprietary information and records | 2 |
| related to the
operation of an intergovernmental risk | 3 |
| management association or
self-insurance pool or jointly | 4 |
| self-administered health and accident
cooperative or pool.
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| (u) Information concerning a university's adjudication | 6 |
| of student or
employee grievance or disciplinary cases, to | 7 |
| the extent that disclosure
would reveal the identity of the | 8 |
| student or employee and information
concerning any public | 9 |
| body's adjudication of student or employee grievances
or | 10 |
| disciplinary cases, except for the final outcome of the | 11 |
| cases.
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| (v) Course materials or research materials used by | 13 |
| faculty members.
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| (w) Information related solely to the internal | 15 |
| personnel rules and
practices of a public body.
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| (x) Information contained in or related to | 17 |
| examination, operating, or
condition reports prepared by, | 18 |
| on behalf of, or for the use of a public
body responsible | 19 |
| for the regulation or supervision of financial
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| institutions or insurance companies, unless disclosure is | 21 |
| otherwise
required by State law.
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| (y) Information the disclosure of which is restricted | 23 |
| under Section
5-108 of the Public Utilities Act.
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| (z) Manuals or instruction to staff that relate to | 25 |
| establishment or
collection of liability for any State tax | 26 |
| or that relate to investigations
by a public body to | 27 |
| determine violation of any criminal law.
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| (aa) Applications, related documents, and medical | 29 |
| records received by
the Experimental Organ Transplantation | 30 |
| Procedures Board and any and all
documents or other records | 31 |
| prepared by the Experimental Organ
Transplantation | 32 |
| Procedures Board or its staff relating to applications
it | 33 |
| has received.
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| (bb) Insurance or self insurance (including any | 35 |
| intergovernmental risk
management association or self | 36 |
| insurance pool) claims, loss or risk
management |
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| information, records, data, advice or communications.
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| (cc) Information and records held by the Department of | 3 |
| Public Health and
its authorized representatives relating | 4 |
| to known or suspected cases of
sexually transmissible | 5 |
| disease or any information the disclosure of which
is | 6 |
| restricted under the Illinois Sexually Transmissible | 7 |
| Disease Control Act.
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| (dd) Information the disclosure of which is exempted | 9 |
| under Section 30
of the Radon Industry Licensing Act.
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| (ee) Firm performance evaluations under Section 55 of | 11 |
| the
Architectural, Engineering, and Land Surveying | 12 |
| Qualifications Based
Selection Act.
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| (ff) Security portions of system safety program plans, | 14 |
| investigation
reports, surveys, schedules, lists, data, or | 15 |
| information compiled, collected,
or prepared by or for the | 16 |
| Regional Transportation Authority under Section 2.11
of | 17 |
| the Regional Transportation Authority Act or the St. Clair | 18 |
| County Transit
District under the
Bi-State Transit Safety | 19 |
| Act.
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| (gg) Information the disclosure of which is restricted | 21 |
| and
exempted under Section 50 of the Illinois Prepaid | 22 |
| Tuition Act.
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| (hh) Information the disclosure of which is
exempted | 24 |
| under the State Officials and Employees Ethics Act.
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| (ii) Beginning July 1, 1999, information that would | 26 |
| disclose
or might lead to the disclosure of
secret or | 27 |
| confidential information, codes, algorithms, programs, or | 28 |
| private
keys intended to be used to create electronic or | 29 |
| digital signatures under the
Electronic Commerce Security | 30 |
| Act.
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| (jj) Information contained in a local emergency energy | 32 |
| plan submitted to
a municipality in accordance with a local | 33 |
| emergency energy plan ordinance that
is adopted under | 34 |
| Section 11-21.5-5 of the Illinois Municipal Code.
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| (kk) Information and data concerning the distribution | 36 |
| of
surcharge moneys collected and remitted by wireless |
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| carriers under the Wireless
Emergency Telephone Safety | 2 |
| Act.
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| (ll) Vulnerability assessments, security measures, and | 4 |
| response policies
or plans that are designed to identify, | 5 |
| prevent, or respond to potential
attacks upon a community's | 6 |
| population or systems, facilities, or installations,
the | 7 |
| destruction or contamination of which would constitute a | 8 |
| clear and present
danger to the health or safety of the | 9 |
| community, but only to the extent that
disclosure could | 10 |
| reasonably be expected to jeopardize the effectiveness of | 11 |
| the
measures or the safety of the personnel who implement | 12 |
| them or the public.
Information exempt under this item may | 13 |
| include such things as details
pertaining to the | 14 |
| mobilization or deployment of personnel or equipment, to | 15 |
| the
operation of communication systems or protocols, or to | 16 |
| tactical operations.
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| (mm) Maps and other records regarding the location or | 18 |
| security of a
utility's generation, transmission, | 19 |
| distribution, storage, gathering,
treatment, or switching | 20 |
| facilities.
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| (nn) Law enforcement officer identification | 22 |
| information or
driver
identification
information compiled | 23 |
| by a law enforcement agency or the Department of
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| Transportation
under Section 11-212 of the Illinois | 25 |
| Vehicle Code.
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| (oo) Records and information provided to a residential
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| health care
facility resident sexual assault
and death | 28 |
| review team or the Residential Health Care Facility | 29 |
| Resident Sexual
Assault and Death Review Teams Executive | 30 |
| Council under the Residential Health
Care Facility | 31 |
| Resident Sexual Assault and Death Review Team Act.
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| (pp) Defense budgets and petitions for certification | 33 |
| of compensation and expenses for court appointed trial | 34 |
| counsel as provided under Sections 10 and 15 of the Capital | 35 |
| Crimes Litigation Act. This subsection (pp) shall apply | 36 |
| until the conclusion of the trial and appeal of the case, |
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| even if the prosecution chooses not to pursue the death | 2 |
| penalty prior to trial or sentencing.
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| (2) This Section does not authorize withholding of | 4 |
| information or limit the
availability of records to the public, | 5 |
| except as stated in this Section or
otherwise provided in this | 6 |
| Act.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01; 92-281, | 8 |
| eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff. 7-11-02; 93-43, | 9 |
| eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03; | 10 |
| 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff. | 11 |
| 8-21-03; 93-617, eff. 12-9-03.)
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| Section 10. The Capital Crimes Litigation Act is amended by | 13 |
| changing Sections 10 and 15 as follows:
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| (725 ILCS 124/10)
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| Sec. 10. Court appointed trial counsel; compensation and | 16 |
| expenses.
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| (a) This Section applies only to compensation and expenses | 18 |
| of trial
counsel appointed by the court as set forth in Section | 19 |
| 5,
other than public defenders, for the period after | 20 |
| arraignment and so long as
the
State's Attorney has not, at any | 21 |
| time, filed a certificate indicating he or she
will not seek | 22 |
| the death penalty or stated on the record in open court that | 23 |
| the
death penalty will not be sought.
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| (a-5) Litigation budget.
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| (1) In a case in which the State has filed a statement | 26 |
| of intent to seek the death penalty, the court shall | 27 |
| require appointed counsel, including those appointed in | 28 |
| Cook County, after counsel has had adequate time to review | 29 |
| the case and prior to engaging trial assistance, to submit | 30 |
| a proposed estimated litigation budget for court approval, | 31 |
| that will be subject to modification in light of facts and | 32 |
| developments that emerge as the case proceeds. Case budgets | 33 |
| should be submitted ex parte and filed and maintained under | 34 |
| seal in order to protect the defendant's right to effective |
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| assistance of counsel, right not to incriminate him or | 2 |
| herself and all applicable privileges. Case budgets shall | 3 |
| be reviewed and approved by the judge assigned to try the | 4 |
| case. As provided under subsection (c) of this Section, | 5 |
| petitions for compensation shall be reviewed by both the | 6 |
| trial judge and the presiding judge or the presiding | 7 |
| judge's designee.
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| (2) The litigation budget shall serve purposes | 9 |
| comparable to those of private retainer agreements by | 10 |
| confirming both the court's and the attorney's | 11 |
| expectations regarding fees and expenses. Consideration | 12 |
| should be given to employing an ex parte pretrial | 13 |
| conference in order to facilitate reaching agreement on a | 14 |
| litigation budget at the earliest opportunity.
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| (3) The budget shall be incorporated into a sealed | 16 |
| initial pretrial order that reflects the understandings of | 17 |
| the court and counsel regarding all matters affecting | 18 |
| counsel compensation and reimbursement and payments for | 19 |
| investigative, expert and other services, including but | 20 |
| not limited to the following matters:
| 21 |
| (A) The hourly rate at which counsel will be | 22 |
| compensated;
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| (B) The hourly rate at which private | 24 |
| investigators, other than investigators employed by | 25 |
| the Office of the State Appellate Defender, will be | 26 |
| compensated; and
| 27 |
| (C) The best preliminary estimate that can be made | 28 |
| of the cost of all services, including, but not limited | 29 |
| to, counsel, expert, and investigative services, that | 30 |
| are likely to be needed through the guilt and penalty | 31 |
| phases of the trial. The court shall have discretion to | 32 |
| require that budgets be prepared for shorter intervals | 33 |
| of time.
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| (4) Appointed counsel may obtain, subject to later | 35 |
| review, investigative,
expert or other services without | 36 |
| prior authorization if necessary for an adequate defense. |
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| If such services are obtained, the presiding judge or the | 2 |
| presiding judge's designee shall consider in an ex parte | 3 |
| proceeding that timely procurement of necessary services | 4 |
| could not await prior authorization. If an ex parte hearing | 5 |
| is requested by defense counsel or deemed necessary by the | 6 |
| trial judge prior to modifying a budget, the ex parte | 7 |
| hearing shall be before the presiding judge or the | 8 |
| presiding judge's designee. The judge may then authorize | 9 |
| such services nunc pro tunc. If the presiding judge or the | 10 |
| presiding judge's designee finds that the services were not | 11 |
| reasonable, payment may be denied.
| 12 |
| (5) An approved budget shall guide counsel's use of | 13 |
| time and resources by indicating the services for which | 14 |
| compensation is authorized. The case budget shall be | 15 |
| re-evaluated when justified by changed or unexpected | 16 |
| circumstances and shall be modified by the court when | 17 |
| reasonable and necessary for an adequate defense. If an ex | 18 |
| parte hearing is requested by defense counsel or deemed | 19 |
| necessary by the trial judge prior to modifying a budget, | 20 |
| the ex parte hearing shall be before the presiding judge or | 21 |
| the presiding judge's designee.
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| (b) Appointed trial counsel
shall be compensated upon | 23 |
| presentment and
certification by the
circuit court of a claim | 24 |
| for services detailing the date, activity, and time
duration | 25 |
| for
which compensation is sought. Compensation for appointed | 26 |
| trial counsel may be
paid at
a reasonable rate
not to exceed | 27 |
| $125 per hour. The court shall not authorize payment of bills | 28 |
| that are not properly itemized. A request for payment shall be | 29 |
| presented under seal and reviewed ex parte with a court | 30 |
| reporter present.
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| Beginning in 2001, every January 20, the statutory rate | 32 |
| prescribed in this
subsection shall
be automatically increased | 33 |
| or decreased, as applicable, by a percentage equal
to the
| 34 |
| percentage change in the consumer price index-u during the | 35 |
| preceding 12-month
calendar
year. "Consumer price index-u" | 36 |
| means the index published by the Bureau of Labor
Statistics of |
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| the United States Department of Labor that measures the average
| 2 |
| change in
prices of goods and services purchased by all urban | 3 |
| consumers, United States
city
average, all items, 1982-84=100. | 4 |
| The new rate resulting from each annual
adjustment
shall be | 5 |
| determined by the State Treasurer and made available to the | 6 |
| chief
judge of
each
judicial circuit.
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| (c) Appointed trial counsel may also petition the court for | 8 |
| certification of
expenses for
reasonable and necessary capital | 9 |
| litigation expenses including, but not limited
to, | 10 |
| investigatory and other assistance, expert, forensic, and | 11 |
| other
witnesses, and mitigation specialists.
Counsel may not | 12 |
| petition for certification of expenses that may have been
| 13 |
| provided or compensated by the State Appellate Defender under | 14 |
| item (c)(5) of
Section 10 of the State
Appellate
Defender Act. | 15 |
| The petitions shall be filed under seal and considered ex parte | 16 |
| but with a court reporter present for all ex parte conferences. | 17 |
| If the requests are submitted after services have been | 18 |
| rendered, the requests shall be supported by an invoice | 19 |
| describing the services rendered, the dates the services were | 20 |
| performed and the amount of time spent. These petitions shall | 21 |
| be reviewed by both the trial judge and the presiding judge of | 22 |
| the circuit court or the presiding judge's designee. The | 23 |
| petitions and orders shall be kept under seal and shall be | 24 |
| exempt from Freedom of Information requests until the | 25 |
| conclusion of the trial, even if the prosecution chooses not to | 26 |
| pursue the death penalty prior to trial or sentencing. If an ex | 27 |
| parte hearing is requested by defense counsel or deemed | 28 |
| necessary by the trial judge, the hearing shall be before the | 29 |
| presiding judge or the presiding judge's designee.
| 30 |
| (d) Appointed trial counsel shall petition the court for | 31 |
| certification of
compensation and expenses under this Section | 32 |
| periodically during the course of
counsel's representation. | 33 |
| The petitions shall be supported by itemized bills showing the | 34 |
| date, the amount of time spent, the work done and the total | 35 |
| being charged for each entry. The court shall not authorize | 36 |
| payment of bills that are not properly itemized. The petitions |
|
|
|
SB2082 Enrolled |
- 14 - |
LRB094 10920 RXD 41483 b |
|
| 1 |
| shall be filed under seal and considered ex parte but with a | 2 |
| court reporter present for all ex parte conferences. The | 3 |
| petitions shall be reviewed by both the trial judge and the | 4 |
| presiding judge of the circuit court or the presiding judge's | 5 |
| designee. If an ex parte hearing is requested by defense | 6 |
| counsel or deemed necessary by the trial judge, the ex parte | 7 |
| hearing shall be before the presiding judge or the presiding | 8 |
| judge's designee. If
the court determines that the compensation | 9 |
| and expenses should be paid from the
Capital
Litigation Trust | 10 |
| Fund, the court shall certify, on a form created by the State
| 11 |
| Treasurer, that all or a designated portion of the amount | 12 |
| requested is
reasonable, necessary, and appropriate for | 13 |
| payment from the Trust Fund.
Certification of compensation and | 14 |
| expenses by a court in any county other than
Cook County shall
| 15 |
| be delivered by the court to the State Treasurer and paid by | 16 |
| the State
Treasurer
directly from the Capital Litigation Trust | 17 |
| Fund if there are sufficient moneys
in the Trust Fund to pay | 18 |
| the compensation and expenses. The petitions and orders shall | 19 |
| be kept under seal and shall be exempt from Freedom of | 20 |
| Information requests until the conclusion of the trial and | 21 |
| appeal of the case, even if the prosecution chooses not to | 22 |
| pursue the death penalty prior to trial or sentencing.
| 23 |
| Certification of
compensation and expenses by a court in
Cook
| 24 |
| County shall be delivered by the court to the county treasurer | 25 |
| and paid by the
county treasurer from moneys granted to the | 26 |
| county from the Capital Litigation
Trust Fund.
| 27 |
| (Source: P.A. 91-589, eff. 1-1-00 .)
| 28 |
| (725 ILCS 124/15)
| 29 |
| Sec. 15. Capital Litigation Trust Fund.
| 30 |
| (a) The Capital Litigation
Trust Fund is
created as a | 31 |
| special fund in the State Treasury. The Trust Fund shall be
| 32 |
| administered by
the State
Treasurer to provide moneys for the | 33 |
| appropriations to be made, grants to
be awarded, and | 34 |
| compensation and expenses to be paid under this Act.
All | 35 |
| interest earned from the investment or deposit of moneys |
|
|
|
SB2082 Enrolled |
- 15 - |
LRB094 10920 RXD 41483 b |
|
| 1 |
| accumulated in the
Trust Fund shall, under Section 4.1 of the | 2 |
| State Finance Act, be deposited
into the Trust Fund.
| 3 |
| (b) Moneys deposited into the Trust Fund shall not be | 4 |
| considered general
revenue of the State of Illinois.
| 5 |
| (c) Moneys deposited into the Trust Fund shall be used | 6 |
| exclusively for the
purposes of
providing funding for the
| 7 |
| prosecution
and defense of capital cases and for providing | 8 |
| funding for post-conviction proceedings in capital cases under | 9 |
| Article 122 of the Code of Criminal Procedure of 1963 and in | 10 |
| relation to petitions filed under Section 2-1401 of the Code of | 11 |
| Civil Procedure in relation to capital cases as provided in | 12 |
| this Act and shall not be
appropriated, loaned, or in any
| 13 |
| manner
transferred to the General Revenue Fund of the State of | 14 |
| Illinois.
| 15 |
| (d) Every fiscal year the State Treasurer shall transfer | 16 |
| from the General
Revenue Fund to the Capital Litigation Trust | 17 |
| Fund an amount equal to the full
amount of moneys appropriated | 18 |
| by the General Assembly (both by original and
supplemental
| 19 |
| appropriation), less any unexpended balance from the previous | 20 |
| fiscal year, from
the Capital Litigation Trust Fund for the | 21 |
| specific
purpose of making funding available for the
| 22 |
| prosecution and defense of capital cases and for the litigation | 23 |
| expenses associated with post-conviction proceedings in | 24 |
| capital cases under Article 122 of the Code of Criminal | 25 |
| Procedure of 1963 and in relation to petitions filed under | 26 |
| Section 2-1401 of the Code of Civil Procedure in relation to | 27 |
| capital cases. The Public Defender and State's
Attorney in Cook | 28 |
| County, the State Appellate Defender, the State's Attorneys
| 29 |
| Appellate Prosecutor, and the Attorney General shall make | 30 |
| annual requests for
appropriations from the Trust Fund.
| 31 |
| (1) The Public Defender in Cook County shall
request | 32 |
| appropriations to the State Treasurer for expenses | 33 |
| incurred by
the Public Defender
and for funding for private | 34 |
| appointed defense counsel in Cook
County.
| 35 |
| (2) The State's Attorney in Cook County
shall request | 36 |
| an appropriation to the State Treasurer for expenses |
|
|
|
SB2082 Enrolled |
- 16 - |
LRB094 10920 RXD 41483 b |
|
| 1 |
| incurred
by the State's
Attorney.
| 2 |
| (3) The State Appellate Defender shall request a direct | 3 |
| appropriation
from the Trust Fund for expenses incurred by | 4 |
| the State Appellate Defender in
providing assistance to | 5 |
| trial attorneys under item (c)(5) of Section 10 of the
| 6 |
| State Appellate Defender Act and for expenses incurred by | 7 |
| the State Appellate Defender in representing petitioners | 8 |
| in capital cases in post-conviction proceedings under | 9 |
| Article 122 of the Code of Criminal Procedure of 1963 and | 10 |
| in relation to petitions filed under Section 2-1401 of the | 11 |
| Code of Civil Procedure in relation to capital cases and | 12 |
| for the representation of those petitioners by attorneys | 13 |
| approved by or contracted with the State Appellate Defender
| 14 |
| and
an appropriation to the State Treasurer for payments | 15 |
| from the Trust Fund for
the defense of cases in
counties | 16 |
| other than Cook County.
| 17 |
| (4) The State's Attorneys Appellate Prosecutor
shall | 18 |
| request a direct appropriation from the Trust Fund to pay | 19 |
| expenses
incurred by the State's Attorneys Appellate | 20 |
| Prosecutor and an appropriation to
the State Treasurer
for | 21 |
| payments from the Trust Fund for expenses incurred by | 22 |
| State's Attorneys in
counties other than Cook County.
| 23 |
| (5) The Attorney General shall request a direct
| 24 |
| appropriation from the Trust Fund to pay expenses incurred | 25 |
| by the Attorney
General in assisting
the State's Attorneys | 26 |
| in counties other than Cook
County and to pay for expenses | 27 |
| incurred by the Attorney General when the
Attorney General | 28 |
| is ordered by the presiding judge of the Criminal Division | 29 |
| of
the Circuit Court of Cook County to prosecute or | 30 |
| supervise the prosecution of
Cook County cases and for | 31 |
| expenses incurred by the Attorney General in representing | 32 |
| the State in post-conviction proceedings in capital cases | 33 |
| under Article 122 of the Code of Criminal Procedure of 1963 | 34 |
| and in relation to petitions filed under Section 2-1401 of | 35 |
| the Code of Civil Procedure in relation to capital cases.
| 36 |
| The Public Defender and State's Attorney in Cook County, |
|
|
|
SB2082 Enrolled |
- 17 - |
LRB094 10920 RXD 41483 b |
|
| 1 |
| the State Appellate
Defender, the State's Attorneys Appellate | 2 |
| Prosecutor, and the Attorney General
may each request | 3 |
| supplemental appropriations from the Trust Fund during the
| 4 |
| fiscal
year.
| 5 |
| (e) Moneys in the Trust Fund shall be expended only as | 6 |
| follows:
| 7 |
| (1) To pay the State Treasurer's costs to administer | 8 |
| the Trust Fund. The
amount
for this purpose may not exceed | 9 |
| 5% in any one fiscal year of the
amount otherwise | 10 |
| appropriated from the Trust Fund in the same
fiscal year.
| 11 |
| (2) To pay the capital litigation
expenses of trial | 12 |
| defense and post-conviction proceedings in capital cases | 13 |
| under Article 122 of the Code of Criminal Procedure of 1963 | 14 |
| and in relation to petitions filed under Section 2-1401 of | 15 |
| the Code of Civil Procedure in relation to capital cases
| 16 |
| including, but not limited
to, DNA testing, including DNA | 17 |
| testing under Section 116-3 of the Code of
Criminal | 18 |
| Procedure of 1963, analysis, and expert testimony, | 19 |
| investigatory and
other assistance, expert, forensic, and | 20 |
| other witnesses,
and mitigation specialists,
and grants | 21 |
| and aid
provided to public
defenders, appellate defenders, | 22 |
| and any attorney approved by or contracted with the State | 23 |
| Appellate Defender representing petitioners in | 24 |
| post-conviction proceedings in capital cases under Article | 25 |
| 122 of the Code of Criminal Procedure of 1963 and in | 26 |
| relation to petitions filed under Section 2-1401 of the | 27 |
| Code of Civil Procedure in relation to capital cases or | 28 |
| assistance to attorneys who have been appointed by the | 29 |
| court to
represent
defendants who are charged with capital | 30 |
| crimes.
| 31 |
| (3) To pay the compensation of trial attorneys, other | 32 |
| than public
defenders or appellate defenders, who
have
been | 33 |
| appointed by the court to represent defendants who are | 34 |
| charged with
capital crimes or attorneys approved by or | 35 |
| contracted with the State Appellate Defender to represent | 36 |
| petitioners in post-conviction proceedings in capital |
|
|
|
SB2082 Enrolled |
- 18 - |
LRB094 10920 RXD 41483 b |
|
| 1 |
| cases under Article 122 of the Code of Criminal Procedure | 2 |
| of 1963 and in relation to petitions filed under Section | 3 |
| 2-1401 of the Code of Civil Procedure in relation to | 4 |
| capital cases.
| 5 |
| (4) To provide State's Attorneys with funding for | 6 |
| capital
litigation expenses and for expenses of | 7 |
| representing the State in post-conviction proceedings in | 8 |
| capital cases under Article 122 of the Code of Criminal | 9 |
| Procedure of 1963 and in relation to petitions filed under | 10 |
| Section 2-1401 of the Code of Civil Procedure in relation | 11 |
| to capital cases including, but not limited to, | 12 |
| investigatory and other
assistance and expert,
forensic, | 13 |
| and other
witnesses necessary to prosecute capital cases.
| 14 |
| State's Attorneys
in any county other than Cook County | 15 |
| seeking funding for
capital litigation expenses and for | 16 |
| expenses of representing the State in post-conviction | 17 |
| proceedings in capital cases under Article 122 of the Code | 18 |
| of Criminal Procedure of 1963 and in relation to petitions | 19 |
| filed under Section 2-1401 of the Code of Civil Procedure | 20 |
| in relation to capital cases including, but not limited to,
| 21 |
| investigatory and other assistance
and expert, forensic, | 22 |
| or other witnesses under this
Section may request that
the | 23 |
| State's Attorneys Appellate Prosecutor or the Attorney | 24 |
| General, as the case
may be, certify the expenses as | 25 |
| reasonable,
necessary, and appropriate for payment from | 26 |
| the Trust Fund, on a form created
by the State Treasurer. | 27 |
| Upon certification of the expenses and delivery of the
| 28 |
| certification to the State Treasurer, the Treasurer shall | 29 |
| pay the expenses
directly from the Capital Litigation Trust | 30 |
| Fund if there are sufficient moneys
in the Trust Fund to | 31 |
| pay the expenses.
| 32 |
| (5) To provide financial support through the
Attorney | 33 |
| General pursuant to the Attorney General Act for the
| 34 |
| several county State's Attorneys outside of Cook County, | 35 |
| but shall not be used
to increase personnel for the | 36 |
| Attorney General's Office, except when the
Attorney |
|
|
|
SB2082 Enrolled |
- 19 - |
LRB094 10920 RXD 41483 b |
|
| 1 |
| General is ordered by the presiding judge of the Criminal | 2 |
| Division of
the Circuit Court of Cook County to prosecute | 3 |
| or supervise the prosecution of
Cook County cases.
| 4 |
| (6) To provide financial support through the State's | 5 |
| Attorneys Appellate
Prosecutor pursuant to the State's | 6 |
| Attorneys Appellate Prosecutor's
Act for the several | 7 |
| county State's Attorneys outside of Cook County, but shall
| 8 |
| not be used to increase personnel for the State's Attorneys | 9 |
| Appellate
Prosecutor.
| 10 |
| (7) To provide financial support to the State Appellate | 11 |
| Defender pursuant
to
the State Appellate Defender Act.
| 12 |
| Moneys expended from the Trust Fund shall be in addition to | 13 |
| county
funding for Public Defenders and State's Attorneys, and | 14 |
| shall not be used to
supplant or reduce ordinary and customary | 15 |
| county funding.
| 16 |
| (f) Moneys in the Trust Fund shall be appropriated to the | 17 |
| State Appellate
Defender, the State's Attorneys Appellate | 18 |
| Prosecutor, the Attorney General,
and
the State Treasurer. The | 19 |
| State Appellate Defender shall receive an
appropriation from | 20 |
| the Trust Fund to enable it to provide assistance to
appointed | 21 |
| defense counsel and attorneys approved by or contracted with | 22 |
| the State Appellate Defender to represent petitioners in | 23 |
| post-conviction proceedings in capital cases under Article 122 | 24 |
| of the Code of Criminal Procedure of 1963 and in relation to | 25 |
| petitions filed under Section 2-1401 of the Code of Civil | 26 |
| Procedure in relation to capital cases throughout the State and | 27 |
| to Public Defenders in
counties other than Cook.
The State's
| 28 |
| Attorneys Appellate Prosecutor and the Attorney General shall | 29 |
| receive
appropriations from the Trust Fund to enable them to | 30 |
| provide assistance to
State's Attorneys in counties other than | 31 |
| Cook County and when the Attorney
General is ordered by the
| 32 |
| presiding judge of the Criminal Division of the Circuit Court | 33 |
| of Cook County to
prosecute or supervise the prosecution of | 34 |
| Cook County cases.
Moneys shall be appropriated to the State | 35 |
| Treasurer to enable the Treasurer (i)
to make grants
to
Cook | 36 |
| County, (ii) to pay the expenses of Public Defenders, the State |
|
|
|
SB2082 Enrolled |
- 20 - |
LRB094 10920 RXD 41483 b |
|
| 1 |
| Appellate Defender, the Attorney General, the Office of the | 2 |
| State's Attorneys Appellate Prosecutor, and State's
Attorneys | 3 |
| in counties other than Cook County, (iii) to pay the expenses | 4 |
| and
compensation of appointed defense counsel and attorneys | 5 |
| approved by or contracted with the State Appellate Defender to | 6 |
| represent petitioners in post-conviction proceedings in | 7 |
| capital cases under Article 122 of the Code of Criminal | 8 |
| Procedure of 1963 and in relation to petitions filed under | 9 |
| Section 2-1401 of the Code of Civil Procedure in relation to | 10 |
| capital cases in counties other than Cook County,
and (iv) to | 11 |
| pay
the
costs of
administering the Trust Fund. All expenditures | 12 |
| and grants made from the Trust
Fund shall be subject to audit | 13 |
| by the Auditor General.
| 14 |
| (g) For Cook County, grants from the Trust Fund shall be
| 15 |
| made and administered as follows:
| 16 |
| (1) For each State fiscal year, the
State's Attorney | 17 |
| and Public Defender must each make a separate application | 18 |
| to
the State Treasurer for capital litigation grants.
| 19 |
| (2) The State Treasurer shall establish rules and | 20 |
| procedures for grant
applications. The rules shall require | 21 |
| the Cook County Treasurer as the grant
recipient to report | 22 |
| on a
periodic basis to the State Treasurer how much of the | 23 |
| grant has been
expended, how much of the grant is | 24 |
| remaining, and the purposes for which the
grant has been | 25 |
| used. The rules may also require the Cook County Treasurer | 26 |
| to
certify on
a periodic basis that expenditures of the | 27 |
| funds have been made for expenses
that are reasonable, | 28 |
| necessary, and appropriate for payment from the Trust
Fund.
| 29 |
| (3) The State Treasurer shall make the grants to the | 30 |
| Cook County Treasurer
as soon as possible after the | 31 |
| beginning of the State fiscal year.
| 32 |
| (4) The State's Attorney or Public Defender may apply | 33 |
| for supplemental
grants during the fiscal year.
| 34 |
| (5) Grant moneys shall be paid to the Cook County | 35 |
| Treasurer in block
grants and
held in separate accounts for
| 36 |
| the State's Attorney, the Public Defender, and court |
|
|
|
SB2082 Enrolled |
- 21 - |
LRB094 10920 RXD 41483 b |
|
| 1 |
| appointed defense counsel
other than the Cook County Public | 2 |
| Defender, respectively, for the designated
fiscal year, | 3 |
| and are not subject to county appropriation.
| 4 |
| (6) Expenditure of grant moneys under this subsection | 5 |
| (g) is subject to
audit by the Auditor General.
| 6 |
| (7) The Cook County Treasurer shall immediately make | 7 |
| payment from the
appropriate separate account in the county | 8 |
| treasury for capital litigation
expenses to the State's | 9 |
| Attorney, Public Defender, or court appointed defense
| 10 |
| counsel other than the Public Defender, as the case may be, | 11 |
| upon
order of the State's Attorney, Public Defender or the | 12 |
| court, respectively.
| 13 |
| (h) If a defendant in a capital case in Cook County is | 14 |
| represented by
court appointed counsel other than the Cook | 15 |
| County Public Defender, the
appointed counsel shall petition | 16 |
| the court for an order directing the Cook
County Treasurer to | 17 |
| pay the court appointed counsel's reasonable and necessary
| 18 |
| compensation and capital
litigation expenses from grant moneys | 19 |
| provided from the Trust Fund.
The petitions shall be supported | 20 |
| by itemized bills showing the date, the amount of time spent, | 21 |
| the work done and the total being charged for each entry. The | 22 |
| court shall not authorize payment of bills that are not | 23 |
| properly itemized. The petitions shall be filed under seal and | 24 |
| considered ex parte but with a court reporter present for all | 25 |
| ex parte conferences. The petitions shall be reviewed by both | 26 |
| the trial judge and the presiding judge of the circuit court or | 27 |
| the presiding judge's designee. The petitions and orders shall | 28 |
| be kept under seal and shall be exempt from Freedom of | 29 |
| Information requests until the conclusion of the trial and | 30 |
| appeal of the case, even if the prosecution chooses not to | 31 |
| pursue the death penalty prior to trial or sentencing.
These | 32 |
| petitions shall be considered in camera. Orders denying | 33 |
| petitions for
compensation or expenses are final.
Counsel may | 34 |
| not petition for expenses that may have been provided or
| 35 |
| compensated by the State
Appellate Defender under item (c)(5) | 36 |
| of Section 10 of the State Appellate
Defender Act.
|
|
|
|
SB2082 Enrolled |
- 22 - |
LRB094 10920 RXD 41483 b |
|
| 1 |
| (i) In counties other than Cook County, and when the | 2 |
| Attorney General is
ordered by the presiding judge of the | 3 |
| Criminal Division of the Circuit Court of
Cook County to | 4 |
| prosecute or supervise the prosecution of Cook County cases,
| 5 |
| and excluding capital litigation
expenses or services that may | 6 |
| have been provided by the State Appellate
Defender under item | 7 |
| (c)(5) of
Section 10 of the State Appellate Defender Act:
| 8 |
| (1) Upon certification by the circuit court, on a form | 9 |
| created by the
State Treasurer, that all or a portion of | 10 |
| the
expenses are reasonable, necessary, and appropriate | 11 |
| for payment from the Trust
Fund and the court's delivery of | 12 |
| the
certification to the Treasurer, the Treasurer shall pay | 13 |
| the certified
expenses of Public Defenders and the State | 14 |
| Appellate Defender from the money appropriated to the | 15 |
| Treasurer for
capital litigation
expenses of Public | 16 |
| Defenders and post-conviction proceeding expenses in | 17 |
| capital cases of the State Appellate Defender and expenses | 18 |
| in relation to petitions filed under Section 2-1401 of the | 19 |
| Code of Civil Procedure in relation to capital cases in any | 20 |
| county other than Cook County, if there are
sufficient | 21 |
| moneys in the Trust Fund to pay the expenses.
| 22 |
| (2) If a defendant in a capital case is represented by | 23 |
| court appointed
counsel other than the Public Defender, the | 24 |
| appointed counsel shall petition
the court to certify | 25 |
| compensation and capital litigation expenses including,
| 26 |
| but not limited to, investigatory and other assistance, | 27 |
| expert, forensic, and
other witnesses, and mitigation | 28 |
| specialists as reasonable, necessary, and
appropriate for
| 29 |
| payment from the Trust Fund. If a petitioner in a capital | 30 |
| case who has filed a petition for post-conviction relief | 31 |
| under Article 122 of the Code of Criminal Procedure of 1963 | 32 |
| or a petition under Section 2-1401 of the Code of Civil | 33 |
| Procedure in relation to capital cases is represented by an | 34 |
| attorney approved by or contracted with the State Appellate | 35 |
| Defender other than the State Appellate Defender, that | 36 |
| attorney shall petition
the court to certify compensation |
|
|
|
SB2082 Enrolled |
- 23 - |
LRB094 10920 RXD 41483 b |
|
| 1 |
| and litigation expenses of post-conviction proceedings | 2 |
| under Article 122 of the Code of Criminal Procedure of 1963 | 3 |
| or in relation to petitions filed under Section 2-1401 of | 4 |
| the Code of Civil Procedure in relation to capital cases.
| 5 |
| Upon certification
on a form created by the State Treasurer | 6 |
| of all or a portion of the
compensation and expenses | 7 |
| certified as reasonable, necessary, and appropriate
for | 8 |
| payment
from the Trust
Fund and the court's delivery of the | 9 |
| certification to the
Treasurer, the State Treasurer shall | 10 |
| pay the certified compensation and
expenses from the money
| 11 |
| appropriated to the Treasurer for that purpose, if there | 12 |
| are sufficient
moneys in the Trust Fund to make those | 13 |
| payments.
| 14 |
| (3) A petition for capital litigation expenses or | 15 |
| post-conviction proceeding expenses or expenses incurred | 16 |
| in filing a petition under Section 2-1401 of the Code of | 17 |
| Civil Procedure in relation to capital cases under this | 18 |
| subsection shall
be considered under seal and reviewed ex | 19 |
| parte with a court reporter present
in camera . Orders | 20 |
| denying petitions for compensation or expenses
are final.
| 21 |
| (j) If the Trust Fund is discontinued or dissolved by an | 22 |
| Act of the General
Assembly or by operation of law, any balance | 23 |
| remaining in the Trust Fund shall
be returned to the General | 24 |
| Revenue Fund after deduction of administrative
costs, any other | 25 |
| provision of this Act to the contrary notwithstanding.
| 26 |
| (Source: P.A. 93-127, eff. 1-1-04; 93-605, eff. 11-19-03; | 27 |
| 93-972, eff. 8-20-04.)
|
|