Full Text of HB1738 97th General Assembly
HB1738ham003 97TH GENERAL ASSEMBLY | Rep. Karen A. Yarbrough Filed: 4/27/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1738
| 2 | | AMENDMENT NO. ______. Amend House Bill 1738, AS AMENDED, by | 3 | | inserting immediately below the enacting clause the following:
| 4 | | "Section 2. The Department of State Police Law of the
Civil | 5 | | Administrative Code of Illinois is amended by changing Section | 6 | | 2605-90 as follows: | 7 | | (20 ILCS 2605/2605-90) | 8 | | (This Section may contain text from a Public Act with a | 9 | | delayed effective date ) | 10 | | Sec. 2605-90. Training; death and homicide investigations. | 11 | | The Department shall provide training in death and homicide | 12 | | investigation for State police officers. The training shall | 13 | | include: (1) ensuring compatibility of equipment for | 14 | | electronic recording of interrogations, (2) how to sound proof | 15 | | rooms during interrogations, (3) reviewing and transcribing | 16 | | recordings, (4) storage of tapes and discs, and (5) the use of |
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| 1 | | recording equipment and proper interviewing techniques. Only | 2 | | State police officers who successfully complete the training | 3 | | may be assigned as lead investigators in death and homicide | 4 | | investigations. Satisfactory completion of the training shall | 5 | | be evidenced by a certificate issued to the officer by the | 6 | | Department.
| 7 | | (Source: P.A. 96-1111, eff. 1-1-12.) | 8 | | Section 2.1. The Illinois Criminal Justice Information Act | 9 | | is amended by changing Sections 7.5 and 7.6 as follows:
| 10 | | (20 ILCS 3930/7.5)
| 11 | | Sec. 7.5. Grants for electronic recording equipment.
| 12 | | (a) The Authority, from appropriations made to it for that | 13 | | purpose, shall
make grants to local law enforcement agencies | 14 | | for the purpose of : (1) purchasing
equipment for electronic | 15 | | recording of interrogations and (2) offsetting the expenses | 16 | | incurred in ensuring equipment compatibility, sound proofing | 17 | | of rooms during interrogations, reviewing and transcribing | 18 | | recordings, storage of tapes and discs, and law enforcement | 19 | | officer training in the use of recording equipment and proper | 20 | | interviewing techniques .
| 21 | | (b) The Authority shall promulgate rules to implement this | 22 | | Section.
| 23 | | (Source: P.A. 93-206, eff. 7-18-03; 93-517, eff. 8-6-03.)
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| 1 | | (20 ILCS 3930/7.6) | 2 | | Sec. 7.6. Capital Crimes Database. | 3 | | (a) A Subject to appropriation, a Capital Crimes Database | 4 | | shall be created within the Illinois Criminal Justice | 5 | | Information Authority (ICJIA). The General Assembly shall | 6 | | appropriate moneys to the ICJIA for the purposes of | 7 | | implementing this Section. | 8 | | (b) The ICJIA shall collect and retain in the Capital | 9 | | Crimes Database all information on the prosecution, pendency, | 10 | | and disposition of capital and capital eligible cases in | 11 | | Illinois , including the races of the defendants and victims . | 12 | | The Capital Crimes Database shall serve as a repository for all | 13 | | of the foregoing collected information. | 14 | | (c) The ICJIA shall develop administrative rules to provide | 15 | | for the coordination and collection of information in the | 16 | | Capital Crimes Database.
| 17 | | (d) Agencies required to provide information on capital | 18 | | cases to the ICJIA, as the ICJIA may request, for the Capital | 19 | | Crimes Database shall include, but not be limited to: | 20 | | (1) Office of the Attorney General.
| 21 | | (2) Illinois Department of Corrections. | 22 | | (3) Illinois State Police. | 23 | | (4) All county State's Attorneys. | 24 | | (5) All county public defenders. | 25 | | (6) Office of the State's Attorneys Appellate | 26 | | Prosecutor. |
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| 1 | | (7) Office of the State Appellate Defender.
| 2 | | (e) Agencies requested to provide information on capital | 3 | | cases to the ICJIA for the Capital Crimes Database shall | 4 | | include, but not be limited to: | 5 | | (1) Administrative Office of Illinois Courts. | 6 | | (2) All county circuit court clerks. | 7 | | (f) The ICJIA shall develop procedures and protocols for | 8 | | the submission of information relating to capital and capital | 9 | | eligible cases to the Database in conjunction with the agencies | 10 | | submitting information.
| 11 | | (Source: P.A. 95-688, eff. 10-23-07.)"; and | 12 | | by inserting immediately after the last line of Section 3 the | 13 | | following: | 14 | | "Section 4. The Illinois Police Training Act is amended by | 15 | | changing Section 10.11 as follows: | 16 | | (50 ILCS 705/10.11) | 17 | | (This Section may contain text from a Public Act with a | 18 | | delayed effective date ) | 19 | | Sec. 10.11. Training; death and homicide investigation. | 20 | | The Illinois Law Enforcement Training and Standards Board shall | 21 | | conduct or approve a training program in death and homicide | 22 | | investigation for the training of law enforcement officers of | 23 | | local government agencies. The training shall include: (1) |
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| 1 | | ensuring compatibility of equipment for electronic recording | 2 | | of interrogations, (2) how to sound proof rooms during | 3 | | interrogations, (3) reviewing and transcribing recordings, (4) | 4 | | storage of tapes and discs, and (5) the use of recording | 5 | | equipment and proper interviewing techniques. Only law | 6 | | enforcement officers who successfully complete the training | 7 | | program may be assigned as lead investigators in death and | 8 | | homicide investigations. Satisfactory completion of the | 9 | | training program shall be evidenced by a certificate issued to | 10 | | the law enforcement officer by the Illinois Law Enforcement | 11 | | Training and Standards Board.
| 12 | | (Source: P.A. 96-1111, eff. 1-1-12.)"; and | 13 | | in Sec. 9-1 of Section 5, by inserting immediately below the | 14 | | last line of subsection (h-5) the following: | 15 | | " (h-6) Trial judge overturning death sentence. | 16 | | Upon application of the State or the defendant or upon the | 17 | | court's own motion, the trial judge who presided over a capital | 18 | | case in which the jury determined that death was the | 19 | | appropriate sentence may overturn the jury verdict of death, if | 20 | | the court determines that imposition of the death penalty is | 21 | | unjust, and may sentence the defendant to a term of natural | 22 | | life imprisonment. "; and | 23 | | in Sec. 9-1 of Section 5, by inserting immediately below the | 24 | | last line of subsection (k) the following: |
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| 1 | | " (l) Statewide Death Penalty Review Committee. | 2 | | Subject to constitutional limitations, the Statewide Death | 3 | | Penalty Review Committee is established to review all decisions | 4 | | to seek capital punishment, with authority to approve or | 5 | | disapprove the State's Attorney's decision or position. The | 6 | | Committee shall be composed of the Governor, the Attorney | 7 | | General, a Circuit Judge appointed by the Chief Justice of the | 8 | | Supreme Court, a public defender appointed by the State | 9 | | Appellate Defender, the Cook County State's Attorney, and a | 10 | | State's Attorney in a county of less than 3,000,000 inhabitants | 11 | | appointed by the Executive Director of the Office of the | 12 | | State's Attorneys Appellate Prosecutor. "; and | 13 | | by inserting after the last line of Section 10 the following: | 14 | | "Section 15. The Code of Criminal Procedure of 1963 is | 15 | | amended by changing Section 107A-5 as follows: | 16 | | (725 ILCS 5/107A-5)
| 17 | | Sec. 107A-5. Lineup and photo spread procedure.
| 18 | | (a) All lineups shall be photographed or otherwise | 19 | | recorded. These
photographs shall
be disclosed to the accused | 20 | | and his or her defense counsel during discovery
proceedings as | 21 | | provided in Illinois Supreme Court Rules. All photographs
of | 22 | | suspects shown to an eyewitness during the photo spread shall | 23 | | be
disclosed to the accused and his or her defense counsel |
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| 1 | | during discovery
proceedings as provided in Illinois Supreme | 2 | | Court Rules.
| 3 | | (b) Each eyewitness who views a lineup or photo spread | 4 | | shall
sign a form containing the following information:
| 5 | | (1) The suspect might not be in the lineup or photo
| 6 | | spread and the eyewitness is not obligated to make an
| 7 | | identification.
| 8 | | (2) The eyewitness should not assume that the person
| 9 | | administering the lineup or photo spread knows which
person | 10 | | is the suspect in the case.
| 11 | | (c) Suspects in a lineup or photo spread should not appear | 12 | | to be
substantially different from "fillers" or "distracters" | 13 | | in the lineup or photo
spread, based on the eyewitness' | 14 | | previous description of the perpetrator, or
based on other | 15 | | factors that would draw attention to the suspect.
| 16 | | (d) In homicide investigations, all eyewitness | 17 | | identification procedures must be electronically recorded by | 18 | | both audio and video equipment. | 19 | | (e) In homicide investigations, blind administration shall | 20 | | be required of all eyewitness identification procedures. Blind | 21 | | administration may be achieved by use of either of 2 methods: | 22 | | (1) the administrator may not be
aware of which person | 23 | | or photograph in the array is the police suspect and which | 24 | | are the fillers. The administrator must assign a number to | 25 | | each person in the array, and use that number when | 26 | | recording the witness' response; or |
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| 1 | | (2)
when pictures are used, the administrator may know | 2 | | the identity of the suspect, but may not know which person | 3 | | in the array the witness is viewing. The administrator must | 4 | | assign a number to each picture, which must be placed in | 5 | | folders or displayed on a computer screen.
The | 6 | | administrator should then shuffle the folders or computer | 7 | | screen pictures. The administrator may not be aware of the | 8 | | number or position of the suspect, and may not look at the | 9 | | pictures as the witness views them. | 10 | | In using either method, the administrator may permit the | 11 | | witness to view the array more than one time, provided that the | 12 | | entire array is shown to the witness each time.
When a blind | 13 | | administration is used in a homicide investigation, sequential | 14 | | procedures must be used, that is, the persons or pictures must | 15 | | be displayed to the witness one at a time. Using the assigned | 16 | | numbers, the administrator must record in writing or | 17 | | electronically the witness' response to each person or picture, | 18 | | before showing the witness the next person or picture. | 19 | | (Source: P.A. 93-605, eff. 11-19-03.) | 20 | | Section 20. The Capital Crimes Litigation Act is amended by | 21 | | changing Section 15 as follows:
| 22 | | (725 ILCS 124/15)
| 23 | | (Section scheduled to be repealed on January 1, 2012)
| 24 | | Sec. 15. Capital Litigation Trust Fund.
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| 1 | | (a) The Capital Litigation
Trust Fund is
created as a | 2 | | special fund in the State Treasury. The Trust Fund shall be
| 3 | | administered by
the State
Treasurer to provide moneys for the | 4 | | appropriations to be made, grants to
be awarded, and | 5 | | compensation and expenses to be paid under this Act.
All | 6 | | interest earned from the investment or deposit of moneys | 7 | | accumulated in the
Trust Fund shall, under Section 4.1 of the | 8 | | State Finance Act, be deposited
into the Trust Fund.
| 9 | | (b) Moneys deposited into the Trust Fund shall not be | 10 | | considered general
revenue of the State of Illinois.
| 11 | | (c) Moneys deposited into the Trust Fund shall be used | 12 | | exclusively for the
purposes of
providing funding for the
| 13 | | prosecution
and defense of capital cases and for providing | 14 | | funding for post-conviction proceedings in capital cases under | 15 | | Article 122 of the Code of Criminal Procedure of 1963 and in | 16 | | relation to petitions filed under Section 2-1401 of the Code of | 17 | | Civil Procedure in relation to capital cases as provided in | 18 | | this Act and shall not be
appropriated, loaned, or in any
| 19 | | manner
transferred to the General Revenue Fund of the State of | 20 | | Illinois.
| 21 | | (d) Every fiscal year the State Treasurer shall transfer | 22 | | from the General
Revenue Fund to the Capital Litigation Trust | 23 | | Fund an amount equal to the full
amount of moneys appropriated | 24 | | by the General Assembly (both by original and
supplemental
| 25 | | appropriation), less any unexpended balance from the previous | 26 | | fiscal year, from
the Capital Litigation Trust Fund for the |
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| 1 | | specific
purpose of making funding available for the
| 2 | | prosecution and defense of capital cases and for the litigation | 3 | | expenses associated with post-conviction proceedings in | 4 | | capital cases under Article 122 of the Code of Criminal | 5 | | Procedure of 1963 and in relation to petitions filed under | 6 | | Section 2-1401 of the Code of Civil Procedure in relation to | 7 | | capital cases. The Public Defender and State's
Attorney in Cook | 8 | | County, the State Appellate Defender, the State's Attorneys
| 9 | | Appellate Prosecutor, and the Attorney General shall make | 10 | | annual requests for
appropriations from the Trust Fund.
| 11 | | (1) The Public Defender in Cook County shall
request | 12 | | appropriations to the State Treasurer for expenses | 13 | | incurred by
the Public Defender
and for funding for private | 14 | | appointed defense counsel in Cook
County.
| 15 | | (2) The State's Attorney in Cook County
shall request | 16 | | an appropriation to the State Treasurer for expenses | 17 | | incurred
by the State's
Attorney.
| 18 | | (3) The State Appellate Defender shall request a direct | 19 | | appropriation
from the Trust Fund for expenses incurred by | 20 | | the State Appellate Defender in
providing assistance to | 21 | | trial attorneys under item (c)(5) of Section 10 of the
| 22 | | State Appellate Defender Act and for expenses incurred by | 23 | | the State Appellate Defender in representing petitioners | 24 | | in capital cases in post-conviction proceedings under | 25 | | Article 122 of the Code of Criminal Procedure of 1963 and | 26 | | in relation to petitions filed under Section 2-1401 of the |
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| 1 | | Code of Civil Procedure in relation to capital cases and | 2 | | for the representation of those petitioners by attorneys | 3 | | approved by or contracted with the State Appellate Defender
| 4 | | and
an appropriation to the State Treasurer for payments | 5 | | from the Trust Fund for
the defense of cases in
counties | 6 | | other than Cook County.
| 7 | | (4) The State's Attorneys Appellate Prosecutor
shall | 8 | | request a direct appropriation from the Trust Fund to pay | 9 | | expenses
incurred by the State's Attorneys Appellate | 10 | | Prosecutor and an appropriation to
the State Treasurer
for | 11 | | payments from the Trust Fund for expenses incurred by | 12 | | State's Attorneys in
counties other than Cook County.
| 13 | | (5) The Attorney General shall request a direct
| 14 | | appropriation from the Trust Fund to pay expenses incurred | 15 | | by the Attorney
General in assisting
the State's Attorneys | 16 | | in counties other than Cook
County and to pay for expenses | 17 | | incurred by the Attorney General when the
Attorney General | 18 | | is ordered by the presiding judge of the Criminal Division | 19 | | of
the Circuit Court of Cook County to prosecute or | 20 | | supervise the prosecution of
Cook County cases and for | 21 | | expenses incurred by the Attorney General in representing | 22 | | the State in post-conviction proceedings in capital cases | 23 | | under Article 122 of the Code of Criminal Procedure of 1963 | 24 | | and in relation to petitions filed under Section 2-1401 of | 25 | | the Code of Civil Procedure in relation to capital cases.
| 26 | | The Public Defender and State's Attorney in Cook County, |
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| 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 |
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| 1 | | Code of Civil Procedure in relation to capital cases or | 2 | | assistance to attorneys who have been appointed by the | 3 | | court to
represent
defendants who are charged with capital | 4 | | crimes. Reasonable and necessary capital litigation
| 5 | | expenses include travel and per diem (lodging, meals, and | 6 | | incidental expenses).
| 7 | | (3) To pay the compensation of trial attorneys, other | 8 | | than public
defenders or appellate defenders, who
have
been | 9 | | appointed by the court to represent defendants who are | 10 | | charged with
capital crimes or attorneys approved by or | 11 | | contracted with the State Appellate Defender to represent | 12 | | petitioners in post-conviction proceedings in capital | 13 | | cases under Article 122 of the Code of Criminal Procedure | 14 | | of 1963 and in relation to petitions filed under Section | 15 | | 2-1401 of the Code of Civil Procedure in relation to | 16 | | capital cases.
| 17 | | (4) To provide State's Attorneys with funding for | 18 | | capital
litigation expenses and for expenses of | 19 | | representing the State in post-conviction proceedings in | 20 | | capital cases under Article 122 of the Code of Criminal | 21 | | Procedure of 1963 and in relation to petitions filed under | 22 | | Section 2-1401 of the Code of Civil Procedure in relation | 23 | | to capital cases including, but not limited to, | 24 | | investigatory and other
assistance and expert,
forensic, | 25 | | and other
witnesses necessary to prosecute capital cases.
| 26 | | State's Attorneys
in any county other than Cook County |
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| 1 | | seeking funding for
capital litigation expenses and for | 2 | | expenses of representing the State in post-conviction | 3 | | proceedings in capital cases under Article 122 of the Code | 4 | | of Criminal Procedure of 1963 and in relation to petitions | 5 | | filed under Section 2-1401 of the Code of Civil Procedure | 6 | | in relation to capital cases including, but not limited to,
| 7 | | investigatory and other assistance
and expert, forensic, | 8 | | or other witnesses under this
Section may request that
the | 9 | | State's Attorneys Appellate Prosecutor or the Attorney | 10 | | General, as the case
may be, certify the expenses as | 11 | | reasonable,
necessary, and appropriate for payment from | 12 | | the Trust Fund, on a form created
by the State Treasurer. | 13 | | Upon certification of the expenses and delivery of the
| 14 | | certification to the State Treasurer, the Treasurer shall | 15 | | pay the expenses
directly from the Capital Litigation Trust | 16 | | Fund if there are sufficient moneys
in the Trust Fund to | 17 | | pay the expenses.
| 18 | | (5) To provide financial support through the
Attorney | 19 | | General pursuant to the Attorney General Act for the
| 20 | | several county State's Attorneys outside of Cook County, | 21 | | but shall not be used
to increase personnel for the | 22 | | Attorney General's Office, except when the
Attorney | 23 | | General is ordered by the presiding judge of the Criminal | 24 | | Division of
the Circuit Court of Cook County to prosecute | 25 | | or supervise the prosecution of
Cook County cases.
| 26 | | (6) To provide financial support through the State's |
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| 1 | | Attorneys Appellate
Prosecutor pursuant to the State's | 2 | | Attorneys Appellate Prosecutor's
Act for the several | 3 | | county State's Attorneys outside of Cook County, but shall
| 4 | | not be used to increase personnel for the State's Attorneys | 5 | | Appellate
Prosecutor.
| 6 | | (7) To provide financial support to the State Appellate | 7 | | Defender pursuant
to
the State Appellate Defender Act.
| 8 | | (8) To provide financial support for victims' services | 9 | | in capital cases. | 10 | | Moneys expended from the Trust Fund shall be in addition to | 11 | | county
funding for Public Defenders and State's Attorneys, and | 12 | | shall not be used to
supplant or reduce ordinary and customary | 13 | | county funding.
| 14 | | (f) Moneys in the Trust Fund shall be appropriated to the | 15 | | State Appellate
Defender, the State's Attorneys Appellate | 16 | | Prosecutor, the Attorney General,
and
the State Treasurer. The | 17 | | State Appellate Defender shall receive an
appropriation from | 18 | | the Trust Fund to enable it to provide assistance to
appointed | 19 | | defense counsel and attorneys approved by or contracted with | 20 | | the State Appellate Defender to represent petitioners in | 21 | | post-conviction proceedings in capital cases under Article 122 | 22 | | of the Code of Criminal Procedure of 1963 and in relation to | 23 | | petitions filed under Section 2-1401 of the Code of Civil | 24 | | Procedure in relation to capital cases throughout the State and | 25 | | to Public Defenders in
counties other than Cook.
The State's
| 26 | | Attorneys Appellate Prosecutor and the Attorney General shall |
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| 1 | | receive
appropriations from the Trust Fund to enable them to | 2 | | provide assistance to
State's Attorneys in counties other than | 3 | | Cook County and when the Attorney
General is ordered by the
| 4 | | presiding judge of the Criminal Division of the Circuit Court | 5 | | of Cook County to
prosecute or supervise the prosecution of | 6 | | Cook County cases.
Moneys shall be appropriated to the State | 7 | | Treasurer to enable the Treasurer (i)
to make grants
to
Cook | 8 | | County, (ii) to pay the expenses of Public Defenders, the State | 9 | | Appellate Defender, the Attorney General, the Office of the | 10 | | State's Attorneys Appellate Prosecutor, and State's
Attorneys | 11 | | in counties other than Cook County, (iii) to pay the expenses | 12 | | and
compensation of appointed defense counsel and attorneys | 13 | | approved by or contracted with the State Appellate Defender to | 14 | | represent petitioners in post-conviction proceedings in | 15 | | capital cases under Article 122 of the Code of Criminal | 16 | | Procedure of 1963 and in relation to petitions filed under | 17 | | Section 2-1401 of the Code of Civil Procedure in relation to | 18 | | capital cases in counties other than Cook County,
and (iv) to | 19 | | pay
the
costs of
administering the Trust Fund. All expenditures | 20 | | and grants made from the Trust
Fund shall be subject to audit | 21 | | by the Auditor General.
| 22 | | (g) For Cook County, grants from the Trust Fund shall be
| 23 | | made and administered as follows:
| 24 | | (1) For each State fiscal year, the
State's Attorney | 25 | | and Public Defender must each make a separate application | 26 | | to
the State Treasurer for capital litigation grants.
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| 1 | | (2) The State Treasurer shall establish rules and | 2 | | procedures for grant
applications. The rules shall require | 3 | | the Cook County Treasurer as the grant
recipient to report | 4 | | on a
periodic basis to the State Treasurer how much of the | 5 | | grant has been
expended, how much of the grant is | 6 | | remaining, and the purposes for which the
grant has been | 7 | | used. The rules may also require the Cook County Treasurer | 8 | | to
certify on
a periodic basis that expenditures of the | 9 | | funds have been made for expenses
that are reasonable, | 10 | | necessary, and appropriate for payment from the Trust
Fund.
| 11 | | (3) The State Treasurer shall make the grants to the | 12 | | Cook County Treasurer
as soon as possible after the | 13 | | beginning of the State fiscal year.
| 14 | | (4) The State's Attorney or Public Defender may apply | 15 | | for supplemental
grants during the fiscal year.
| 16 | | (5) Grant moneys shall be paid to the Cook County | 17 | | Treasurer in block
grants and
held in separate accounts for
| 18 | | the State's Attorney, the Public Defender, and court | 19 | | appointed defense counsel
other than the Cook County Public | 20 | | Defender, respectively, for the designated
fiscal year, | 21 | | and are not subject to county appropriation.
| 22 | | (6) Expenditure of grant moneys under this subsection | 23 | | (g) is subject to
audit by the Auditor General.
| 24 | | (7) The Cook County Treasurer shall immediately make | 25 | | payment from the
appropriate separate account in the county | 26 | | treasury for capital litigation
expenses to the State's |
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| 1 | | Attorney, Public Defender, or court appointed defense
| 2 | | counsel other than the Public Defender, as the case may be, | 3 | | upon
order of the State's Attorney, Public Defender or the | 4 | | court, respectively.
| 5 | | (h) If a defendant in a capital case in Cook County is | 6 | | represented by
court appointed counsel other than the Cook | 7 | | County Public Defender, the
appointed counsel shall petition | 8 | | the court for an order directing the Cook
County Treasurer to | 9 | | pay the court appointed counsel's reasonable and necessary
| 10 | | compensation and capital
litigation expenses from grant moneys | 11 | | provided from the Trust Fund.
The petitions shall be supported | 12 | | by itemized bills showing the date, the amount of time spent, | 13 | | the work done and the total being charged for each entry. The | 14 | | court shall not authorize payment of bills that are not | 15 | | properly itemized. The petitions shall be filed under seal and | 16 | | considered ex parte but with a court reporter present for all | 17 | | ex parte conferences. The petitions shall be reviewed by both | 18 | | the trial judge and the presiding judge of the circuit court or | 19 | | the presiding judge's designee. The petitions and orders shall | 20 | | be kept under seal and shall be exempt from Freedom of | 21 | | Information requests until the conclusion of the trial and | 22 | | appeal of the case, even if the prosecution chooses not to | 23 | | pursue the death penalty prior to trial or sentencing. Orders | 24 | | denying petitions for
compensation or expenses are final.
| 25 | | Counsel may not petition for expenses that may have been | 26 | | provided or
compensated by the State
Appellate Defender under |
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| 1 | | item (c)(5) of Section 10 of the State Appellate
Defender Act.
| 2 | | (i) In counties other than Cook County, and when the | 3 | | Attorney General is
ordered by the presiding judge of the | 4 | | Criminal Division of the Circuit Court of
Cook County to | 5 | | prosecute or supervise the prosecution of Cook County cases,
| 6 | | and excluding capital litigation
expenses or services that may | 7 | | have been provided by the State Appellate
Defender under item | 8 | | (c)(5) of
Section 10 of the State Appellate Defender Act:
| 9 | | (1) Upon certification by the circuit court, on a form | 10 | | created by the
State Treasurer, that all or a portion of | 11 | | the
expenses are reasonable, necessary, and appropriate | 12 | | for payment from the Trust
Fund and the court's delivery of | 13 | | the
certification to the Treasurer, the Treasurer shall pay | 14 | | the certified
expenses of Public Defenders and the State | 15 | | Appellate Defender from the money appropriated to the | 16 | | Treasurer for
capital litigation
expenses of Public | 17 | | Defenders and post-conviction proceeding expenses in | 18 | | capital cases of the State Appellate Defender and expenses | 19 | | in relation to petitions filed under Section 2-1401 of the | 20 | | Code of Civil Procedure in relation to capital cases in any | 21 | | county other than Cook County, if there are
sufficient | 22 | | moneys in the Trust Fund to pay the expenses.
| 23 | | (2) If a defendant in a capital case is represented by | 24 | | court appointed
counsel other than the Public Defender, the | 25 | | appointed counsel shall petition
the court to certify | 26 | | compensation and capital litigation expenses including,
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| 1 | | but not limited to, investigatory and other assistance, | 2 | | expert, forensic, and
other witnesses, and mitigation | 3 | | specialists as reasonable, necessary, and
appropriate for
| 4 | | payment from the Trust Fund. If a petitioner in a capital | 5 | | case who has filed a petition for post-conviction relief | 6 | | under Article 122 of the Code of Criminal Procedure of 1963 | 7 | | or a petition under Section 2-1401 of the Code of Civil | 8 | | Procedure in relation to capital cases is represented by an | 9 | | attorney approved by or contracted with the State Appellate | 10 | | Defender other than the State Appellate Defender, that | 11 | | attorney shall petition
the court to certify compensation | 12 | | and litigation expenses of post-conviction proceedings | 13 | | under Article 122 of the Code of Criminal Procedure of 1963 | 14 | | or in relation to petitions filed under Section 2-1401 of | 15 | | the Code of Civil Procedure in relation to capital cases.
| 16 | | Upon certification
on a form created by the State Treasurer | 17 | | of all or a portion of the
compensation and expenses | 18 | | certified as reasonable, necessary, and appropriate
for | 19 | | payment
from the Trust
Fund and the court's delivery of the | 20 | | certification to the
Treasurer, the State Treasurer shall | 21 | | pay the certified compensation and
expenses from the money
| 22 | | appropriated to the Treasurer for that purpose, if there | 23 | | are sufficient
moneys in the Trust Fund to make those | 24 | | payments.
| 25 | | (3) A petition for capital litigation expenses or | 26 | | post-conviction proceeding expenses or expenses incurred |
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| 1 | | in filing a petition under Section 2-1401 of the Code of | 2 | | Civil Procedure in relation to capital cases under this | 3 | | subsection shall
be considered under seal and reviewed ex | 4 | | parte with a court reporter present. Orders denying | 5 | | petitions for compensation or expenses
are final.
| 6 | | (i-5) The General Assembly shall fully fund the Capital | 7 | | Litigation Trust Fund to pay for trial expenses, and where | 8 | | appropriate appellate expenses, of the prosecutor and defense | 9 | | in capital prosecutions in all areas of the State. | 10 | | (j) If the Trust Fund is discontinued or dissolved by an | 11 | | Act of the General
Assembly or by operation of law, any balance | 12 | | remaining in the Trust Fund shall
be returned to the General | 13 | | Revenue Fund after deduction of administrative
costs, any other | 14 | | provision of this Act to the contrary notwithstanding.
| 15 | | (Source: P.A. 96-381, eff. 1-1-10. Repealed by P.A. 96-1543, | 16 | | eff. 1-1-12.)
| 17 | | (P.A. 96-1543, Sec. 15 rep.) | 18 | | Section 25. "An Act concerning criminal law", approved | 19 | | March 9, 2011, Public Act 96-1543, is amended by repealing | 20 | | Section 15. | 21 | | Section 99. Effective date. This Act takes effect January | 22 | | 1, 2012, except that this Section and Section 25 take effect | 23 | | July 1, 2011.".
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