Full Text of HB1738 97th General Assembly
HB1738ham004 97TH GENERAL ASSEMBLY | Rep. Karen A. Yarbrough Filed: 5/26/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1738
| 2 | | AMENDMENT NO. ______. Amend House Bill 1738, AS AMENDED, by | 3 | | inserting immediately after the enacting clause the following:
| 4 | | "Section 2.1. The Attorney General Act is amended by | 5 | | changing Section 4 as follows:
| 6 | | (15 ILCS 205/4) (from Ch. 14, par. 4)
| 7 | | Sec. 4. The duties of the Attorney General shall be-- | 8 | | First - To appear for and represent the people of the State | 9 | | before the
supreme court in all cases in which the State or the | 10 | | people of the State
are interested.
| 11 | | Second - To institute and prosecute all actions and | 12 | | proceedings in favor
of or for the use of the State, which may | 13 | | be necessary in the execution of
the duties of any State | 14 | | officer.
| 15 | | Third - To defend all actions and proceedings against any | 16 | | State officer,
in his official capacity, in any of the courts |
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| 1 | | of this State or the United
States.
| 2 | | Fourth - To consult with and advise the several State's | 3 | | Attorneys in
matters relating to the duties of their office; | 4 | | and when, in his judgment,
the interest of the people of the | 5 | | State requires it, he shall attend the
trial of any party | 6 | | accused of crime, and assist in the prosecution. When
the | 7 | | Attorney General has requested in writing that a State's | 8 | | Attorney
initiate court proceedings to enforce any provisions | 9 | | of the Election Code
or to initiate a criminal prosecution with | 10 | | respect to a violation of the
Election Code, and when the | 11 | | State's Attorney has declined in writing to
initiate those | 12 | | proceedings or prosecutions or when the State's Attorney
has | 13 | | neither initiated the proceedings or prosecutions nor | 14 | | responded in
writing to the Attorney General within 60 days of | 15 | | the receipt of the request,
the Attorney General may, | 16 | | concurrently with or independently of the State's
Attorney, | 17 | | initiate such proceedings or prosecutions. The Attorney | 18 | | General may investigate and prosecute any violation of the | 19 | | Election Code at the request of the State Board of Elections or | 20 | | a State's Attorney.
| 21 | | Fifth - To investigate alleged violations of the statutes | 22 | | which the
Attorney General has a duty to enforce and to conduct | 23 | | other investigations
in connection with assisting in the | 24 | | prosecution of a criminal offense at
the request of a State's | 25 | | Attorney.
| 26 | | Sixth - To consult with and advise the governor and other |
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| 1 | | State officers,
and give, when requested, written opinions upon | 2 | | all legal or constitutional
questions relating to the duties of | 3 | | such officers respectively.
| 4 | | Seventh - To prepare, when necessary, proper drafts for | 5 | | contracts and other
writings relating to subjects in which the | 6 | | State is interested.
| 7 | | Eighth - To give written opinions, when requested by either | 8 | | branch of
the general assembly, or any committee thereof, upon | 9 | | constitutional or
legal questions.
| 10 | | Ninth - To enforce the proper application of funds | 11 | | appropriated to the
public institutions of the State, prosecute | 12 | | breaches of trust in the
administration of such funds, and, | 13 | | when necessary, prosecute corporations
for failure or refusal | 14 | | to make the reports required by law.
| 15 | | Tenth - To keep, a register of all cases prosecuted or | 16 | | defended by him,
in behalf of the State or its officers, and of | 17 | | all proceedings had in
relation thereto, and to deliver the | 18 | | same to his successor in office.
| 19 | | Eleventh - To keep on file in his office a copy of the | 20 | | official opinions
issued by the Attorney General and deliver | 21 | | same to his successor.
| 22 | | Twelfth - To pay into the State treasury all moneys | 23 | | received by him for
the use of the State.
| 24 | | Thirteenth - To attend to and perform any other duty which | 25 | | may, from time
to time, be required of him by law.
| 26 | | Fourteenth - To attend, present evidence to and prosecute |
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| 1 | | indictments
returned by each Statewide Grand Jury.
| 2 | | Fifteenth - To give written binding and advisory public | 3 | | access opinions as provided in Section 7 of this Act. | 4 | | Sixteenth - To prosecute all death penalty cases in | 5 | | counties with less than 3,000,000 residents based on the most | 6 | | recent federal decennial census. If, in these counties, the | 7 | | defendant is eligible for the death penalty and the State's | 8 | | Attorney in the county certifies the case as a death penalty | 9 | | case, the case shall be transferred to the Attorney General. | 10 | | Once the case has been transferred, the Attorney General may | 11 | | prosecute the case as a death penalty case or may decertify the | 12 | | case as a death penalty case. If the Attorney General | 13 | | decertifies the case, the case may be transferred back to the | 14 | | originating State's Attorney. The Attorney General may grant | 15 | | the originating State's Attorney the authority to prosecute a | 16 | | death penalty case if the State's Attorney's office has at | 17 | | least 5 members of the Capital Litigation Trial Bar. | 18 | | (Source: P.A. 95-699, eff. 11-9-07; 96-542, eff. 1-1-10.)
| 19 | | Section 2.2. The Department of State Police Law of the
| 20 | | Civil Administrative Code of Illinois is amended by changing | 21 | | Section 2605-90 as follows: | 22 | | (20 ILCS 2605/2605-90) | 23 | | (This Section may contain text from a Public Act with a | 24 | | delayed effective date ) |
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| 1 | | Sec. 2605-90. Training; death and homicide investigations. | 2 | | The Department shall provide training in death and homicide | 3 | | investigation for State police officers. The training shall | 4 | | include: (1) ensuring compatibility of equipment for | 5 | | electronic recording of interrogations, (2) how to sound proof | 6 | | rooms during interrogations, (3) reviewing and transcribing | 7 | | recordings, (4) storage of tapes and discs, and (5) the use of | 8 | | recording equipment and proper interviewing techniques. Only | 9 | | State police officers who successfully complete the training | 10 | | may be assigned as lead investigators in death and homicide | 11 | | investigations. Satisfactory completion of the training shall | 12 | | be evidenced by a certificate issued to the officer by the | 13 | | Department.
| 14 | | (Source: P.A. 96-1111, eff. 1-1-12.) | 15 | | Section 2.3. The Illinois Criminal Justice Information Act | 16 | | is amended by changing Sections 7.5 and 7.6 as follows:
| 17 | | (20 ILCS 3930/7.5)
| 18 | | Sec. 7.5. Grants for electronic recording equipment.
| 19 | | (a) The Authority, from appropriations made to it for that | 20 | | purpose, shall
make grants to local law enforcement agencies | 21 | | for the purpose of : (1) purchasing
equipment for electronic | 22 | | recording of interrogations and (2) offsetting the expenses | 23 | | incurred in ensuring equipment compatibility, sound proofing | 24 | | of rooms during interrogations, reviewing and transcribing |
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| 1 | | recordings, storage of tapes and discs, and law enforcement | 2 | | officer training in the use of recording equipment and proper | 3 | | interviewing techniques .
| 4 | | (b) The Authority shall promulgate rules to implement this | 5 | | Section.
| 6 | | (Source: P.A. 93-206, eff. 7-18-03; 93-517, eff. 8-6-03.)
| 7 | | (20 ILCS 3930/7.6) | 8 | | Sec. 7.6. Capital Crimes Database. | 9 | | (a) Subject to appropriation, a Capital Crimes Database | 10 | | shall be created within the Illinois Criminal Justice | 11 | | Information Authority (ICJIA). The General Assembly shall | 12 | | appropriate moneys to the ICJIA for the purposes of | 13 | | implementing this Section. | 14 | | (b) The ICJIA shall collect and retain in the Capital | 15 | | Crimes Database all information on the prosecution, pendency, | 16 | | and disposition of capital and capital eligible cases in | 17 | | Illinois , including the races of the defendants and victims . | 18 | | The Capital Crimes Database shall serve as a repository for all | 19 | | of the foregoing collected information. | 20 | | (c) The ICJIA shall develop administrative rules to provide | 21 | | for the coordination and collection of information in the | 22 | | Capital Crimes Database.
| 23 | | (d) Agencies required to provide information on capital | 24 | | cases to the ICJIA, as the ICJIA may request, for the Capital | 25 | | Crimes Database shall include, but not be limited to: |
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| 1 | | (1) Office of the Attorney General.
| 2 | | (2) Illinois Department of Corrections. | 3 | | (3) Illinois State Police. | 4 | | (4) All county State's Attorneys. | 5 | | (5) All county public defenders. | 6 | | (6) Office of the State's Attorneys Appellate | 7 | | Prosecutor. | 8 | | (7) Office of the State Appellate Defender.
| 9 | | (e) Agencies requested to provide information on capital | 10 | | cases to the ICJIA for the Capital Crimes Database shall | 11 | | include, but not be limited to: | 12 | | (1) Administrative Office of Illinois Courts. | 13 | | (2) All county circuit court clerks. | 14 | | (f) The ICJIA shall develop procedures and protocols for | 15 | | the submission of information relating to capital and capital | 16 | | eligible cases to the Database in conjunction with the agencies | 17 | | submitting information.
| 18 | | (Source: P.A. 95-688, eff. 10-23-07.)"; and | 19 | | by inserting after the last line of Section 3 the following: | 20 | | "Section 3.1. The Illinois Police Training Act is amended | 21 | | by changing Section 10.11 as follows: | 22 | | (50 ILCS 705/10.11) | 23 | | (This Section may contain text from a Public Act with a |
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| 1 | | delayed effective date ) | 2 | | Sec. 10.11. Training; death and homicide investigation. | 3 | | The Illinois Law Enforcement Training and Standards Board shall | 4 | | conduct or approve a training program in death and homicide | 5 | | investigation for the training of law enforcement officers of | 6 | | local government agencies. The training shall include: (1) | 7 | | ensuring compatibility of equipment for electronic recording | 8 | | of interrogations, (2) how to sound proof rooms during | 9 | | interrogations, (3) reviewing and transcribing recordings, (4) | 10 | | storage of tapes and discs, and (5) the use of recording | 11 | | equipment and proper interviewing techniques. Only law | 12 | | enforcement officers who successfully complete the training | 13 | | program may be assigned as lead investigators in death and | 14 | | homicide investigations. Satisfactory completion of the | 15 | | training program shall be evidenced by a certificate issued to | 16 | | the law enforcement officer by the Illinois Law Enforcement | 17 | | Training and Standards Board.
| 18 | | (Source: P.A. 96-1111, eff. 1-1-12.) | 19 | | Section 3.2. The Counties Code is amended by changing | 20 | | Section 3-9005 as follows:
| 21 | | (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
| 22 | | (Text of Section before amendment by P.A. 96-1551 )
| 23 | | Sec. 3-9005. Powers and duties of State's attorney.
| 24 | | (a) Except as otherwise provided in Section 4 of the |
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| 1 | | Attorney General Act, the The duty of each State's attorney | 2 | | shall be:
| 3 | | (1) To commence and prosecute all actions, suits, | 4 | | indictments and
prosecutions, civil and criminal, in the | 5 | | circuit court for his county,
in which the people of the | 6 | | State or county may be concerned.
| 7 | | (2) To prosecute all forfeited bonds and | 8 | | recognizances, and all
actions and proceedings for the | 9 | | recovery of debts, revenues, moneys,
fines, penalties and | 10 | | forfeitures accruing to the State or his county, or
to any | 11 | | school district or road district in his county; also, to
| 12 | | prosecute all suits in his county against railroad or | 13 | | transportation
companies, which may be prosecuted in the | 14 | | name of the People of the
State of Illinois.
| 15 | | (3) To commence and prosecute all actions and | 16 | | proceedings brought by
any county officer in his official | 17 | | capacity.
| 18 | | (4) To defend all actions and proceedings brought | 19 | | against his
county, or against any county or State officer, | 20 | | in his official
capacity, within his county.
| 21 | | (5) To attend the examination of all persons brought | 22 | | before any judge
on habeas corpus, when the prosecution is | 23 | | in his county.
| 24 | | (6) To attend before judges and prosecute charges of | 25 | | felony or
misdemeanor, for which the offender is required | 26 | | to be recognized to appear
before the circuit court, when |
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| 1 | | in his power so to do.
| 2 | | (7) To give his opinion, without fee or reward, to any | 3 | | county officer
in his county, upon any question or law | 4 | | relating to any criminal or other
matter, in which the | 5 | | people or the county may be concerned.
| 6 | | (8) To assist the attorney general whenever it may be | 7 | | necessary, and in
cases of appeal from his county to the | 8 | | Supreme Court, to which it is the
duty of the attorney | 9 | | general to attend, he shall furnish the attorney general
at | 10 | | least 10 days before such is due to be filed, a manuscript | 11 | | of a proposed
statement, brief and argument to be printed | 12 | | and filed on behalf of the people,
prepared in accordance | 13 | | with the rules of the Supreme Court. However, if
such | 14 | | brief, argument or other document is due to be filed by law | 15 | | or order
of court within this 10 day period, then the | 16 | | State's attorney shall furnish
such as soon as may be | 17 | | reasonable.
| 18 | | (9) To pay all moneys received by him in trust, without | 19 | | delay, to the
officer who by law is entitled to the custody | 20 | | thereof.
| 21 | | (10) To notify, by first class mail, complaining | 22 | | witnesses of the ultimate
disposition of the cases arising | 23 | | from an indictment or an information.
| 24 | | (11) To perform such other and further duties as may, | 25 | | from time to time,
be enjoined on him by law.
| 26 | | (12) To appear in all proceedings by collectors of |
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| 1 | | taxes against
delinquent taxpayers for judgments to sell | 2 | | real estate, and see that all the
necessary preliminary | 3 | | steps have been legally taken to make the judgment legal
| 4 | | and binding.
| 5 | | (13) To notify, by first-class mail, the State | 6 | | Superintendent of Education, the applicable regional | 7 | | superintendent of schools, and the superintendent of the | 8 | | employing school district or the chief school | 9 | | administrator of the employing nonpublic school, if any, | 10 | | upon the conviction of any individual known to possess a | 11 | | certificate issued pursuant to Article 21 of the School | 12 | | Code of any offense set forth in Section 21-23a of the | 13 | | School Code or any other felony conviction, providing the | 14 | | name of the certificate holder, the fact of the conviction, | 15 | | and the name and location of the court where the conviction | 16 | | occurred. The certificate holder must also be | 17 | | contemporaneously sent a copy of the notice. | 18 | | (b) The State's Attorney of each county shall have | 19 | | authority to
appoint one or more special investigators to serve | 20 | | subpoenas, make return
of process and conduct investigations | 21 | | which assist the State's Attorney in
the performance of his | 22 | | duties. A special investigator shall not carry
firearms except | 23 | | with permission of the State's Attorney and only while
carrying | 24 | | appropriate identification indicating his employment and in | 25 | | the
performance of his assigned duties.
| 26 | | Subject to the qualifications set forth in this subsection, |
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| 1 | | special
investigators shall be peace officers and shall have | 2 | | all the powers possessed
by investigators under the State's | 3 | | Attorneys Appellate Prosecutor's Act.
| 4 | | No special investigator employed by the State's Attorney | 5 | | shall have peace
officer status or exercise police powers | 6 | | unless he or she successfully
completes the basic police | 7 | | training course mandated and approved by the
Illinois Law | 8 | | Enforcement Training Standards Board or such
board waives the | 9 | | training requirement by reason of the special
investigator's | 10 | | prior law enforcement experience or training or both. Any
| 11 | | State's Attorney appointing a special investigator shall | 12 | | consult with all
affected local police agencies, to the extent | 13 | | consistent with the public
interest, if the special | 14 | | investigator is assigned to areas within that
agency's | 15 | | jurisdiction.
| 16 | | Before a person is appointed as a special investigator, his
| 17 | | fingerprints shall be taken and transmitted to the Department | 18 | | of State
Police. The Department shall examine its records and | 19 | | submit to the State's
Attorney of the county in which the | 20 | | investigator seeks appointment any
conviction information | 21 | | concerning the person on file with the Department.
No person | 22 | | shall be appointed as a special investigator if he has been
| 23 | | convicted of a felony or other offense involving moral | 24 | | turpitude. A
special investigator shall be paid a salary and be | 25 | | reimbursed for actual
expenses incurred in performing his | 26 | | assigned duties. The county board
shall approve the salary and |
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| 1 | | actual expenses and appropriate the salary
and expenses in the | 2 | | manner prescribed by law or ordinance.
| 3 | | (c) The State's
Attorney may request and receive from | 4 | | employers, labor unions, telephone
companies, and utility | 5 | | companies
location information concerning putative fathers and | 6 | | noncustodial parents for
the purpose of establishing a child's | 7 | | paternity or establishing, enforcing, or
modifying a child | 8 | | support obligation. In this subsection, "location
information"
| 9 | | means information about (i) the physical whereabouts of a | 10 | | putative father or
noncustodial parent, (ii) the putative | 11 | | father or noncustodial parent's
employer, or
(iii) the salary, | 12 | | wages, and other
compensation paid and the health insurance | 13 | | coverage provided to the putative
father or noncustodial parent | 14 | | by the employer of the putative father or
noncustodial parent
| 15 | | or by a labor union of which the putative father or | 16 | | noncustodial parent is a
member.
| 17 | | (d) (Blank). For each State fiscal year, the
State's | 18 | | Attorney of Cook County shall appear before the General | 19 | | Assembly and
request appropriations to be made from the Capital | 20 | | Litigation Trust Fund to the
State Treasurer for the purpose of | 21 | | providing assistance in the prosecution of
capital cases in | 22 | | Cook County and for the purpose of providing assistance to the | 23 | | State in post-conviction proceedings in capital cases under | 24 | | Article 122 of the Code of Criminal Procedure of 1963 and in | 25 | | relation to petitions filed under Section 2-1401 of the Code of | 26 | | Civil Procedure in relation to capital cases. The State's |
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| 1 | | Attorney may appear before the
General Assembly at other times | 2 | | during the State's fiscal year to request
supplemental | 3 | | appropriations from the Trust Fund to the State Treasurer.
| 4 | | (e) The State's Attorney shall have the authority to enter | 5 | | into a written
agreement with the Department of Revenue for | 6 | | pursuit of civil
liability under Section 17-1a of the Criminal | 7 | | Code of 1961 against persons who
have issued to the Department | 8 | | checks or other orders in violation of the
provisions of | 9 | | paragraph (d) of subsection (B) of Section 17-1 of the Criminal
| 10 | | Code of 1961, with the Department to retain the amount owing | 11 | | upon the
dishonored check or order along with the dishonored | 12 | | check fee imposed under the
Uniform Penalty and Interest Act, | 13 | | with the balance of damages, fees, and costs
collected under | 14 | | Section 17-1a of the Criminal Code of 1961 to be retained by
| 15 | | the State's Attorney. The agreement shall not affect the | 16 | | allocation of fines
and costs imposed in any criminal | 17 | | prosecution.
| 18 | | (Source: P.A. 96-431, eff. 8-13-09.)
| 19 | | (Text of Section after amendment by P.A. 96-1551 )
| 20 | | Sec. 3-9005. Powers and duties of State's attorney.
| 21 | | (a) Except as otherwise provided in Section 4 of the | 22 | | Attorney General Act, the The duty of each State's attorney | 23 | | shall be:
| 24 | | (1) To commence and prosecute all actions, suits, | 25 | | indictments and
prosecutions, civil and criminal, in the |
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| 1 | | circuit court for his county,
in which the people of the | 2 | | State or county may be concerned.
| 3 | | (2) To prosecute all forfeited bonds and | 4 | | recognizances, and all
actions and proceedings for the | 5 | | recovery of debts, revenues, moneys,
fines, penalties and | 6 | | forfeitures accruing to the State or his county, or
to any | 7 | | school district or road district in his county; also, to
| 8 | | prosecute all suits in his county against railroad or | 9 | | transportation
companies, which may be prosecuted in the | 10 | | name of the People of the
State of Illinois.
| 11 | | (3) To commence and prosecute all actions and | 12 | | proceedings brought by
any county officer in his official | 13 | | capacity.
| 14 | | (4) To defend all actions and proceedings brought | 15 | | against his
county, or against any county or State officer, | 16 | | in his official
capacity, within his county.
| 17 | | (5) To attend the examination of all persons brought | 18 | | before any judge
on habeas corpus, when the prosecution is | 19 | | in his county.
| 20 | | (6) To attend before judges and prosecute charges of | 21 | | felony or
misdemeanor, for which the offender is required | 22 | | to be recognized to appear
before the circuit court, when | 23 | | in his power so to do.
| 24 | | (7) To give his opinion, without fee or reward, to any | 25 | | county officer
in his county, upon any question or law | 26 | | relating to any criminal or other
matter, in which the |
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| 1 | | people or the county may be concerned.
| 2 | | (8) To assist the attorney general whenever it may be | 3 | | necessary, and in
cases of appeal from his county to the | 4 | | Supreme Court, to which it is the
duty of the attorney | 5 | | general to attend, he shall furnish the attorney general
at | 6 | | least 10 days before such is due to be filed, a manuscript | 7 | | of a proposed
statement, brief and argument to be printed | 8 | | and filed on behalf of the people,
prepared in accordance | 9 | | with the rules of the Supreme Court. However, if
such | 10 | | brief, argument or other document is due to be filed by law | 11 | | or order
of court within this 10 day period, then the | 12 | | State's attorney shall furnish
such as soon as may be | 13 | | reasonable.
| 14 | | (9) To pay all moneys received by him in trust, without | 15 | | delay, to the
officer who by law is entitled to the custody | 16 | | thereof.
| 17 | | (10) To notify, by first class mail, complaining | 18 | | witnesses of the ultimate
disposition of the cases arising | 19 | | from an indictment or an information.
| 20 | | (11) To perform such other and further duties as may, | 21 | | from time to time,
be enjoined on him by law.
| 22 | | (12) To appear in all proceedings by collectors of | 23 | | taxes against
delinquent taxpayers for judgments to sell | 24 | | real estate, and see that all the
necessary preliminary | 25 | | steps have been legally taken to make the judgment legal
| 26 | | and binding.
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| 1 | | (13) To notify, by first-class mail, the State | 2 | | Superintendent of Education, the applicable regional | 3 | | superintendent of schools, and the superintendent of the | 4 | | employing school district or the chief school | 5 | | administrator of the employing nonpublic school, if any, | 6 | | upon the conviction of any individual known to possess a | 7 | | certificate issued pursuant to Article 21 of the School | 8 | | Code of any offense set forth in Section 21-23a of the | 9 | | School Code or any other felony conviction, providing the | 10 | | name of the certificate holder, the fact of the conviction, | 11 | | and the name and location of the court where the conviction | 12 | | occurred. The certificate holder must also be | 13 | | contemporaneously sent a copy of the notice. | 14 | | (b) The State's Attorney of each county shall have | 15 | | authority to
appoint one or more special investigators to serve | 16 | | subpoenas, make return
of process and conduct investigations | 17 | | which assist the State's Attorney in
the performance of his | 18 | | duties. A special investigator shall not carry
firearms except | 19 | | with permission of the State's Attorney and only while
carrying | 20 | | appropriate identification indicating his employment and in | 21 | | the
performance of his assigned duties.
| 22 | | Subject to the qualifications set forth in this subsection, | 23 | | special
investigators shall be peace officers and shall have | 24 | | all the powers possessed
by investigators under the State's | 25 | | Attorneys Appellate Prosecutor's Act.
| 26 | | No special investigator employed by the State's Attorney |
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| 1 | | shall have peace
officer status or exercise police powers | 2 | | unless he or she successfully
completes the basic police | 3 | | training course mandated and approved by the
Illinois Law | 4 | | Enforcement Training Standards Board or such
board waives the | 5 | | training requirement by reason of the special
investigator's | 6 | | prior law enforcement experience or training or both. Any
| 7 | | State's Attorney appointing a special investigator shall | 8 | | consult with all
affected local police agencies, to the extent | 9 | | consistent with the public
interest, if the special | 10 | | investigator is assigned to areas within that
agency's | 11 | | jurisdiction.
| 12 | | Before a person is appointed as a special investigator, his
| 13 | | fingerprints shall be taken and transmitted to the Department | 14 | | of State
Police. The Department shall examine its records and | 15 | | submit to the State's
Attorney of the county in which the | 16 | | investigator seeks appointment any
conviction information | 17 | | concerning the person on file with the Department.
No person | 18 | | shall be appointed as a special investigator if he has been
| 19 | | convicted of a felony or other offense involving moral | 20 | | turpitude. A
special investigator shall be paid a salary and be | 21 | | reimbursed for actual
expenses incurred in performing his | 22 | | assigned duties. The county board
shall approve the salary and | 23 | | actual expenses and appropriate the salary
and expenses in the | 24 | | manner prescribed by law or ordinance.
| 25 | | (c) The State's
Attorney may request and receive from | 26 | | employers, labor unions, telephone
companies, and utility |
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| 1 | | companies
location information concerning putative fathers and | 2 | | noncustodial parents for
the purpose of establishing a child's | 3 | | paternity or establishing, enforcing, or
modifying a child | 4 | | support obligation. In this subsection, "location
information"
| 5 | | means information about (i) the physical whereabouts of a | 6 | | putative father or
noncustodial parent, (ii) the putative | 7 | | father or noncustodial parent's
employer, or
(iii) the salary, | 8 | | wages, and other
compensation paid and the health insurance | 9 | | coverage provided to the putative
father or noncustodial parent | 10 | | by the employer of the putative father or
noncustodial parent
| 11 | | or by a labor union of which the putative father or | 12 | | noncustodial parent is a
member.
| 13 | | (d) (Blank). For each State fiscal year, the
State's | 14 | | Attorney of Cook County shall appear before the General | 15 | | Assembly and
request appropriations to be made from the Capital | 16 | | Litigation Trust Fund to the
State Treasurer for the purpose of | 17 | | providing assistance in the prosecution of
capital cases in | 18 | | Cook County and for the purpose of providing assistance to the | 19 | | State in post-conviction proceedings in capital cases under | 20 | | Article 122 of the Code of Criminal Procedure of 1963 and in | 21 | | relation to petitions filed under Section 2-1401 of the Code of | 22 | | Civil Procedure in relation to capital cases. The State's | 23 | | Attorney may appear before the
General Assembly at other times | 24 | | during the State's fiscal year to request
supplemental | 25 | | appropriations from the Trust Fund to the State Treasurer.
| 26 | | (e) The State's Attorney shall have the authority to enter |
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| 1 | | into a written
agreement with the Department of Revenue for | 2 | | pursuit of civil
liability under subsection (E) of Section 17-1 | 3 | | of the Criminal Code of 1961 against persons who
have issued to | 4 | | the Department checks or other orders in violation of the
| 5 | | provisions of paragraph (1) of subsection (B) of Section 17-1 | 6 | | of the Criminal
Code of 1961, with the Department to retain the | 7 | | amount owing upon the
dishonored check or order along with the | 8 | | dishonored check fee imposed under the
Uniform Penalty and | 9 | | Interest Act, with the balance of damages, fees, and costs
| 10 | | collected under subsection (E) of Section 17-1 of the Criminal | 11 | | Code of 1961 or under Section 17-1a of that Code to be retained | 12 | | by
the State's Attorney. The agreement shall not affect the | 13 | | allocation of fines
and costs imposed in any criminal | 14 | | prosecution.
| 15 | | (Source: P.A. 96-431, eff. 8-13-09; 96-1551, eff. 7-1-11.)"; | 16 | | and
| 17 | | in Section 5, in Sec. 9-1, immediately below the end of | 18 | | subsection (h-5), by inserting the following: | 19 | | " (h-6) Trial judge overturning death sentence. | 20 | | Upon application of the State or the defendant or upon the | 21 | | court's own motion, the trial judge who presided over a capital | 22 | | case in which the jury determined that death was the | 23 | | appropriate sentence may overturn the jury verdict of death, if | 24 | | the court determines that imposition of the death penalty is | 25 | | unjust, and may sentence the defendant to a term of natural |
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| 1 | | life imprisonment. "; and | 2 | | by inserting immediately after the last line of Section 10 the | 3 | | following: | 4 | | "Section 10.1. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 107A-5 as follows: | 6 | | (725 ILCS 5/107A-5)
| 7 | | Sec. 107A-5. Lineup and photo spread procedure.
| 8 | | (a) All lineups shall be photographed or otherwise | 9 | | recorded. These
photographs shall
be disclosed to the accused | 10 | | and his or her defense counsel during discovery
proceedings as | 11 | | provided in Illinois Supreme Court Rules. All photographs
of | 12 | | suspects shown to an eyewitness during the photo spread shall | 13 | | be
disclosed to the accused and his or her defense counsel | 14 | | during discovery
proceedings as provided in Illinois Supreme | 15 | | Court Rules.
| 16 | | (b) Each eyewitness who views a lineup or photo spread | 17 | | shall
sign a form containing the following information:
| 18 | | (1) The suspect might not be in the lineup or photo
| 19 | | spread and the eyewitness is not obligated to make an
| 20 | | identification.
| 21 | | (2) The eyewitness should not assume that the person
| 22 | | administering the lineup or photo spread knows which
person | 23 | | is the suspect in the case.
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| 1 | | (c) Suspects in a lineup or photo spread should not appear | 2 | | to be
substantially different from "fillers" or "distracters" | 3 | | in the lineup or photo
spread, based on the eyewitness' | 4 | | previous description of the perpetrator, or
based on other | 5 | | factors that would draw attention to the suspect.
| 6 | | (d) In homicide investigations, all eyewitness | 7 | | identification procedures must be electronically recorded by | 8 | | both audio and video equipment. | 9 | | (e) In homicide investigations, blind administration shall | 10 | | be required of all eyewitness identification procedures. Blind | 11 | | administration may be achieved by use of either of 2 methods: | 12 | | (1) the administrator may not be
aware of which person | 13 | | or photograph in the array is the police suspect and which | 14 | | are the fillers. The administrator must assign a number to | 15 | | each person in the array, and use that number when | 16 | | recording the witness' response; or | 17 | | (2)
when pictures are used, the administrator may know | 18 | | the identity of the suspect, but may not know which person | 19 | | in the array the witness is viewing. The administrator must | 20 | | assign a number to each picture, which must be placed in | 21 | | folders or displayed on a computer screen.
The | 22 | | administrator should then shuffle the folders or computer | 23 | | screen pictures. The administrator may not be aware of the | 24 | | number or position of the suspect, and may not look at the | 25 | | pictures as the witness views them. | 26 | | In using either method, the administrator may permit the |
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| 1 | | witness to view the array more than one time, provided that the | 2 | | entire array is shown to the witness each time.
When a blind | 3 | | administration is used in a homicide investigation, sequential | 4 | | procedures must be used, that is, the persons or pictures must | 5 | | be displayed to the witness one at a time. Using the assigned | 6 | | numbers, the administrator must record in writing or | 7 | | electronically the witness' response to each person or picture, | 8 | | before showing the witness the next person or picture. | 9 | | (Source: P.A. 93-605, eff. 11-19-03.) | 10 | | Section 10.2. The Capital Crimes Litigation Act is amended | 11 | | by changing Section 15 as follows:
| 12 | | (725 ILCS 124/15)
| 13 | | (Section scheduled to be repealed on January 1, 2012)
| 14 | | Sec. 15. Capital Litigation Trust Fund.
| 15 | | (a) The Capital Litigation
Trust Fund is
created as a | 16 | | special fund in the State Treasury. The Trust Fund shall be
| 17 | | administered by
the State
Treasurer to provide moneys for the | 18 | | appropriations to be made, grants to
be awarded, and | 19 | | compensation and expenses to be paid under this Act.
All | 20 | | interest earned from the investment or deposit of moneys | 21 | | accumulated in the
Trust Fund shall, under Section 4.1 of the | 22 | | State Finance Act, be deposited
into the Trust Fund.
| 23 | | (b) Moneys deposited into the Trust Fund shall not be | 24 | | considered general
revenue of the State of Illinois.
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| 1 | | (c) Moneys deposited into the Trust Fund shall be used | 2 | | exclusively for the
purposes of
providing funding for the
| 3 | | prosecution
and defense of capital cases and for providing | 4 | | funding for post-conviction proceedings in capital cases under | 5 | | Article 122 of the Code of Criminal Procedure of 1963 and in | 6 | | relation to petitions filed under Section 2-1401 of the Code of | 7 | | Civil Procedure in relation to capital cases as provided in | 8 | | this Act and shall not be
appropriated, loaned, or in any
| 9 | | manner
transferred to the General Revenue Fund of the State of | 10 | | Illinois.
| 11 | | (d) Every fiscal year the State Treasurer shall transfer | 12 | | from the General
Revenue Fund to the Capital Litigation Trust | 13 | | Fund an amount equal to the full
amount of moneys appropriated | 14 | | by the General Assembly (both by original and
supplemental
| 15 | | appropriation), less any unexpended balance from the previous | 16 | | fiscal year, from
the Capital Litigation Trust Fund for the | 17 | | specific
purpose of making funding available for the
| 18 | | prosecution and defense of capital cases and for the litigation | 19 | | expenses associated with 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 to | 23 | | capital cases. The Public Defender and the State Appellate | 24 | | Defender and State's
Attorney in Cook County, the State | 25 | | Appellate Defender, the State's Attorneys
Appellate | 26 | | Prosecutor, and the Attorney General shall make annual requests |
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| 1 | | for
appropriations from the Trust Fund.
| 2 | | (1) The Public Defender in Cook County shall
request | 3 | | appropriations to the State Treasurer for expenses | 4 | | incurred by
the Public Defender
and for funding for private | 5 | | appointed defense counsel in Cook
County.
| 6 | | (2) (Blank). The State's Attorney in Cook County
shall | 7 | | request an appropriation to the State Treasurer for | 8 | | expenses incurred
by the State's
Attorney.
| 9 | | (3) The State Appellate Defender shall request a direct | 10 | | appropriation
from the Trust Fund for expenses incurred by | 11 | | the State Appellate Defender in
providing assistance to | 12 | | trial attorneys under item (c)(5) of Section 10 of the
| 13 | | State Appellate Defender Act and for expenses incurred by | 14 | | the State Appellate Defender in representing petitioners | 15 | | in capital cases in post-conviction proceedings under | 16 | | Article 122 of the Code of Criminal Procedure of 1963 and | 17 | | in relation to petitions filed under Section 2-1401 of the | 18 | | Code of Civil Procedure in relation to capital cases and | 19 | | for the representation of those petitioners by attorneys | 20 | | approved by or contracted with the State Appellate Defender
| 21 | | and
an appropriation to the State Treasurer for payments | 22 | | from the Trust Fund for
the defense of cases in
counties | 23 | | other than Cook County.
| 24 | | (4) (Blank). The State's Attorneys Appellate | 25 | | Prosecutor
shall request a direct appropriation from the | 26 | | Trust Fund to pay expenses
incurred by the State's |
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| 1 | | Attorneys Appellate Prosecutor and an appropriation to
the | 2 | | State Treasurer
for payments from the Trust Fund for | 3 | | expenses incurred by State's Attorneys in
counties other | 4 | | than Cook County.
| 5 | | (5) The Attorney General shall request a direct
| 6 | | appropriation from the Trust Fund to pay expenses incurred | 7 | | by the Attorney
General in assisting
the State's Attorneys | 8 | | in counties other than Cook
County and to pay for expenses | 9 | | incurred by the Attorney General when the
Attorney General | 10 | | is ordered by the presiding judge of the Criminal Division | 11 | | of
the Circuit Court of Cook County to prosecute or | 12 | | supervise the prosecution of
Cook County cases and for | 13 | | expenses incurred by the Attorney General in representing | 14 | | the State in post-conviction proceedings in capital cases | 15 | | under Article 122 of the Code of Criminal Procedure of 1963 | 16 | | and in relation to petitions filed under Section 2-1401 of | 17 | | the Code of Civil Procedure in relation to capital cases.
| 18 | | The Public Defender and the State Appellate
Defender and | 19 | | State's Attorney in Cook County, the State Appellate
Defender, | 20 | | the State's Attorneys Appellate Prosecutor, and the Attorney | 21 | | General
may each request supplemental appropriations from the | 22 | | Trust Fund during the
fiscal
year.
| 23 | | (e) Moneys in the Trust Fund shall be expended only as | 24 | | follows:
| 25 | | (1) To pay the State Treasurer's costs to administer | 26 | | the Trust Fund. The
amount
for this purpose may not exceed |
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| 1 | | 5% in any one fiscal year of the
amount otherwise | 2 | | appropriated from the Trust Fund in the same
fiscal year.
| 3 | | (2) To pay the capital litigation
expenses of trial | 4 | | defense and post-conviction proceedings in capital cases | 5 | | under Article 122 of the Code of Criminal Procedure of 1963 | 6 | | and in relation to petitions filed under Section 2-1401 of | 7 | | the Code of Civil Procedure in relation to capital cases
| 8 | | including, but not limited
to, DNA testing, including DNA | 9 | | testing under Section 116-3 of the Code of
Criminal | 10 | | Procedure of 1963, analysis, and expert testimony, | 11 | | investigatory and
other assistance, expert, forensic, and | 12 | | other witnesses,
and mitigation specialists,
and grants | 13 | | and aid
provided to public
defenders, appellate defenders, | 14 | | and any attorney approved by or contracted with the State | 15 | | Appellate Defender representing petitioners in | 16 | | post-conviction proceedings in capital cases under Article | 17 | | 122 of the Code of Criminal Procedure of 1963 and in | 18 | | relation to petitions filed under Section 2-1401 of the | 19 | | Code of Civil Procedure in relation to capital cases or | 20 | | assistance to attorneys who have been appointed by the | 21 | | court to
represent
defendants who are charged with capital | 22 | | crimes. Reasonable and necessary capital litigation
| 23 | | expenses include travel and per diem (lodging, meals, and | 24 | | incidental expenses).
| 25 | | (3) To pay the compensation of trial attorneys, other | 26 | | than public
defenders or appellate defenders, who
have
been |
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| 1 | | appointed by the court to represent defendants who are | 2 | | charged with
capital crimes or attorneys approved by or | 3 | | contracted with the State Appellate Defender to represent | 4 | | petitioners in post-conviction proceedings in capital | 5 | | cases under Article 122 of the Code of Criminal Procedure | 6 | | of 1963 and in relation to petitions filed under Section | 7 | | 2-1401 of the Code of Civil Procedure in relation to | 8 | | capital cases.
| 9 | | (4) (Blank). To provide State's Attorneys with funding | 10 | | for capital
litigation expenses and for expenses of | 11 | | representing the State in post-conviction proceedings in | 12 | | capital cases under Article 122 of the Code of Criminal | 13 | | Procedure of 1963 and in relation to petitions filed under | 14 | | Section 2-1401 of the Code of Civil Procedure in relation | 15 | | to capital cases including, but not limited to, | 16 | | investigatory and other
assistance and expert,
forensic, | 17 | | and other
witnesses necessary to prosecute capital cases.
| 18 | | State's Attorneys
in any county other than Cook County | 19 | | seeking funding for
capital litigation expenses and for | 20 | | expenses of representing the State in post-conviction | 21 | | proceedings in capital cases under Article 122 of the Code | 22 | | of Criminal Procedure of 1963 and in relation to petitions | 23 | | filed under Section 2-1401 of the Code of Civil Procedure | 24 | | in relation to capital cases including, but not limited to,
| 25 | | investigatory and other assistance
and expert, forensic, | 26 | | or other witnesses under this
Section may request that
the |
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| 1 | | State's Attorneys Appellate Prosecutor or the Attorney | 2 | | General, as the case
may be, certify the expenses as | 3 | | reasonable,
necessary, and appropriate for payment from | 4 | | the Trust Fund, on a form created
by the State Treasurer. | 5 | | Upon certification of the expenses and delivery of the
| 6 | | certification to the State Treasurer, the Treasurer shall | 7 | | pay the expenses
directly from the Capital Litigation Trust | 8 | | Fund if there are sufficient moneys
in the Trust Fund to | 9 | | pay the expenses.
| 10 | | (5) (Blank). To provide financial support through the
| 11 | | Attorney General pursuant to the Attorney General Act for | 12 | | the
several county State's Attorneys outside of Cook | 13 | | County, but shall not be used
to increase personnel for the | 14 | | Attorney General's Office, except when the
Attorney | 15 | | General is ordered by the presiding judge of the Criminal | 16 | | Division of
the Circuit Court of Cook County to prosecute | 17 | | or supervise the prosecution of
Cook County cases.
| 18 | | (6) (Blank). To provide financial support through the | 19 | | State's Attorneys Appellate
Prosecutor pursuant to the | 20 | | State's Attorneys Appellate Prosecutor's
Act for the | 21 | | several county State's Attorneys outside of Cook County, | 22 | | but shall
not be used to increase personnel for the State's | 23 | | Attorneys Appellate
Prosecutor.
| 24 | | (7) To provide financial support to the State Appellate | 25 | | Defender pursuant
to
the State Appellate Defender Act.
| 26 | | (8) To provide financial support for victims' services |
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| 1 | | in capital cases. | 2 | | Moneys expended from the Trust Fund shall be in addition to | 3 | | county
funding for Public Defenders and State's Attorneys, and | 4 | | shall not be used to
supplant or reduce ordinary and customary | 5 | | county funding.
| 6 | | (f) Moneys in the Trust Fund shall be appropriated to the | 7 | | State Appellate
Defender , the State's Attorneys Appellate | 8 | | Prosecutor, the Attorney General,
and
the State Treasurer. The | 9 | | State Appellate Defender shall receive an
appropriation from | 10 | | the Trust Fund to enable it to provide assistance to
appointed | 11 | | defense counsel and attorneys approved by or contracted with | 12 | | the State Appellate Defender to represent petitioners in | 13 | | post-conviction proceedings in capital cases under Article 122 | 14 | | of the Code of Criminal Procedure of 1963 and in relation to | 15 | | petitions filed under Section 2-1401 of the Code of Civil | 16 | | Procedure in relation to capital cases throughout the State and | 17 | | to Public Defenders in
counties other than Cook.
The State's
| 18 | | Attorneys Appellate Prosecutor and the Attorney General shall | 19 | | receive
appropriations from the Trust Fund to enable them to | 20 | | provide assistance to
State's Attorneys in counties other than | 21 | | Cook County and when the Attorney
General is ordered by the
| 22 | | presiding judge of the Criminal Division of the Circuit Court | 23 | | of Cook County to
prosecute or supervise the prosecution of | 24 | | Cook County cases.
Moneys shall be appropriated to the State | 25 | | Treasurer to enable the Treasurer (i)
to make grants
to
Cook | 26 | | County, (ii) to pay the expenses of Public Defenders and , the |
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| 1 | | State Appellate Defender, (ii) the Attorney General, the Office | 2 | | of the State's Attorneys Appellate Prosecutor, and State's
| 3 | | Attorneys in counties other than Cook County, (iii) to pay the | 4 | | expenses and
compensation of appointed defense counsel and | 5 | | attorneys approved by or contracted with the State Appellate | 6 | | Defender to represent petitioners in post-conviction | 7 | | proceedings in capital cases under Article 122 of the Code of | 8 | | Criminal Procedure of 1963 and in relation to petitions filed | 9 | | under Section 2-1401 of the Code of Civil Procedure in relation | 10 | | to capital cases in counties other than Cook County,
and (iii) | 11 | | (iv) to pay
the
costs of
administering the Trust Fund. All | 12 | | expenditures and grants made from the Trust
Fund shall be | 13 | | subject to audit 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 an a separate | 18 | | application to
the State Treasurer for capital litigation | 19 | | grants.
| 20 | | (2) The State Treasurer shall establish rules and | 21 | | procedures for grant
applications. The rules shall require | 22 | | the Cook County Treasurer as the grant
recipient to report | 23 | | on a
periodic basis to the State Treasurer how much of the | 24 | | grant has been
expended, how much of the grant is | 25 | | remaining, and the purposes for which the
grant has been | 26 | | used. The rules may also require the Cook County Treasurer |
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| 1 | | to
certify on
a periodic basis that expenditures of the | 2 | | funds have been made for expenses
that are reasonable, | 3 | | necessary, and appropriate for payment from the Trust
Fund.
| 4 | | (3) The State Treasurer shall make the grants to the | 5 | | Cook County Treasurer
as soon as possible after the | 6 | | beginning of the State fiscal year.
| 7 | | (4) The State's Attorney or Public Defender may apply | 8 | | for supplemental
grants during the fiscal year.
| 9 | | (5) Grant moneys shall be paid to the Cook County | 10 | | Treasurer in block
grants and
held in separate accounts for
| 11 | | the State's Attorney, the Public Defender , and court | 12 | | appointed defense counsel
other than the Cook County Public | 13 | | Defender, respectively, for the designated
fiscal year, | 14 | | and are not subject to county appropriation.
| 15 | | (6) Expenditure of grant moneys under this subsection | 16 | | (g) is subject to
audit by the Auditor General.
| 17 | | (7) The Cook County Treasurer shall immediately make | 18 | | payment from the
appropriate separate account in the county | 19 | | treasury for capital litigation
expenses to the State's | 20 | | Attorney, Public Defender , or court appointed defense
| 21 | | counsel other than the Public Defender, as the case may be, | 22 | | upon
order of the State's Attorney, Public Defender or the | 23 | | court, respectively.
| 24 | | (h) If a defendant in a capital case in Cook County is | 25 | | represented by
court appointed counsel other than the Cook | 26 | | County Public Defender, the
appointed counsel shall petition |
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| 1 | | the court for an order directing the Cook
County Treasurer to | 2 | | pay the court appointed counsel's reasonable and necessary
| 3 | | compensation and capital
litigation expenses from grant moneys | 4 | | provided from the Trust Fund.
The petitions shall be supported | 5 | | by itemized bills showing the date, the amount of time spent, | 6 | | the work done and the total being charged for each entry. The | 7 | | court shall not authorize payment of bills that are not | 8 | | properly itemized. The petitions shall be filed under seal and | 9 | | considered ex parte but with a court reporter present for all | 10 | | ex parte conferences. The petitions shall be reviewed by both | 11 | | the trial judge and the presiding judge of the circuit court or | 12 | | the presiding judge's designee. The petitions and orders shall | 13 | | be kept under seal and shall be exempt from Freedom of | 14 | | Information requests until the conclusion of the trial and | 15 | | appeal of the case, even if the prosecution chooses not to | 16 | | pursue the death penalty prior to trial or sentencing. Orders | 17 | | denying petitions for
compensation or expenses are final.
| 18 | | Counsel may not petition for expenses that may have been | 19 | | provided or
compensated by the State
Appellate Defender under | 20 | | item (c)(5) of Section 10 of the State Appellate
Defender Act.
| 21 | | (i) In counties other than Cook County, and when the | 22 | | Attorney General is
ordered by the presiding judge of the | 23 | | Criminal Division of the Circuit Court of
Cook County to | 24 | | prosecute or supervise the prosecution of Cook County cases,
| 25 | | and excluding capital litigation
expenses or services that may | 26 | | have been provided by the State Appellate
Defender under item |
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| 1 | | (c)(5) of
Section 10 of the State Appellate Defender Act:
| 2 | | (1) Upon certification by the circuit court, on a form | 3 | | created by the
State Treasurer, that all or a portion of | 4 | | the
expenses are reasonable, necessary, and appropriate | 5 | | for payment from the Trust
Fund and the court's delivery of | 6 | | the
certification to the Treasurer, the Treasurer shall pay | 7 | | the certified
expenses of Public Defenders and the State | 8 | | Appellate Defender from the money appropriated to the | 9 | | Treasurer for
capital litigation
expenses of Public | 10 | | Defenders and post-conviction proceeding expenses in | 11 | | capital cases of the State Appellate Defender and expenses | 12 | | in relation to petitions filed under Section 2-1401 of the | 13 | | Code of Civil Procedure in relation to capital cases in any | 14 | | county other than Cook County, if there are
sufficient | 15 | | moneys in the Trust Fund to pay the expenses.
| 16 | | (2) If a defendant in a capital case is represented by | 17 | | court appointed
counsel other than the Public Defender, the | 18 | | appointed counsel shall petition
the court to certify | 19 | | compensation and capital litigation expenses including,
| 20 | | but not limited to, investigatory and other assistance, | 21 | | expert, forensic, and
other witnesses, and mitigation | 22 | | specialists as reasonable, necessary, and
appropriate for
| 23 | | payment from the Trust Fund. If a petitioner in a capital | 24 | | case who has filed a petition for post-conviction relief | 25 | | under Article 122 of the Code of Criminal Procedure of 1963 | 26 | | or a petition under Section 2-1401 of the Code of Civil |
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| 1 | | Procedure in relation to capital cases is represented by an | 2 | | attorney approved by or contracted with the State Appellate | 3 | | Defender other than the State Appellate Defender, that | 4 | | attorney shall petition
the court to certify compensation | 5 | | and litigation expenses of post-conviction proceedings | 6 | | under Article 122 of the Code of Criminal Procedure of 1963 | 7 | | or in relation to petitions filed under Section 2-1401 of | 8 | | the Code of Civil Procedure in relation to capital cases.
| 9 | | Upon certification
on a form created by the State Treasurer | 10 | | of all or a portion of the
compensation and expenses | 11 | | certified as reasonable, necessary, and appropriate
for | 12 | | payment
from the Trust
Fund and the court's delivery of the | 13 | | certification to the
Treasurer, the State Treasurer shall | 14 | | pay the certified compensation and
expenses from the money
| 15 | | appropriated to the Treasurer for that purpose, if there | 16 | | are sufficient
moneys in the Trust Fund to make those | 17 | | payments.
| 18 | | (3) A petition for capital litigation expenses or | 19 | | post-conviction proceeding expenses or expenses incurred | 20 | | in filing a petition under Section 2-1401 of the Code of | 21 | | Civil Procedure in relation to capital cases under this | 22 | | subsection shall
be considered under seal and reviewed ex | 23 | | parte with a court reporter present. Orders denying | 24 | | petitions for compensation or expenses
are final.
| 25 | | (j) If the Trust Fund is discontinued or dissolved by an | 26 | | Act of the General
Assembly or by operation of law, any balance |
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| 1 | | remaining in the Trust Fund shall
be returned to the General | 2 | | Revenue Fund after deduction of administrative
costs, any other | 3 | | provision of this Act to the contrary notwithstanding.
| 4 | | (Source: P.A. 96-381, eff. 1-1-10. Repealed by P.A. 96-1543, | 5 | | eff. 1-1-12.)
| 6 | | (P.A. 96-1543, Sec. 15 rep.) | 7 | | Section 10.3. "An Act concerning criminal law", approved | 8 | | March 9, 2011, Public Act 96-1543, is amended by repealing | 9 | | Section 15. | 10 | | Section 95. No acceleration or delay. Where this Act makes | 11 | | changes in a statute that is represented in this Act by text | 12 | | that is not yet or no longer in effect (for example, a Section | 13 | | represented by multiple versions), the use of that text does | 14 | | not accelerate or delay the taking effect of (i) the changes | 15 | | made by this Act or (ii) provisions derived from any other | 16 | | Public Act. | 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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