Full Text of SB1331 95th General Assembly
SB1331 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1331
Introduced 2/9/2007, by Sen. Jeffrey M. Schoenberg SYNOPSIS AS INTRODUCED: |
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725 ILCS 105/10 |
from Ch. 38, par. 208-10 |
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Amends the State Appellate Defender Act. Provides that the State Appellate Defender may develop a Juvenile Defender Resource Center to:
(i) study, design, develop, and implement model systems for the delivery of trial level defender services for juveniles in the justice system;
(ii) in cases in which a sentence of incarceration or an adult sentence, or both, is an authorized disposition, provide trial counsel with legal advice and the assistance of expert witnesses and investigators from funds appropriated to the Office of the State Appellate Defender by the General Assembly specifically for that purpose; (iii) develop and provide training to public defenders on juvenile justice issues, utilizing resources including the State and local bar associations, the Illinois Public Defender Association, law schools, the Midwest Juvenile Defender Center, and pro bono efforts by law firms, and
(iv) make an annual report to the General Assembly.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB1331 |
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LRB095 10527 RLC 30744 b |
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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 State Appellate Defender Act is amended by | 5 |
| changing Section 10 as follows:
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| (725 ILCS 105/10) (from Ch. 38, par. 208-10)
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| Sec. 10. Powers and duties of State Appellate Defender.
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| (a) The State Appellate Defender shall represent indigent | 9 |
| persons on
appeal in criminal and delinquent minor proceedings, | 10 |
| when appointed to do so by
a court under a Supreme Court Rule | 11 |
| or law of this State.
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| (b) The State Appellate Defender shall submit a budget for | 13 |
| the
approval of the State Appellate Defender Commission.
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| (c) The State Appellate Defender may:
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| (1) maintain a panel of private attorneys available to | 16 |
| serve as
counsel on a case basis;
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| (2) establish programs, alone or in conjunction with | 18 |
| law schools,
for the purpose of utilizing volunteer law | 19 |
| students as legal assistants;
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| (3) cooperate and consult with state agencies, | 21 |
| professional
associations, and other groups concerning the | 22 |
| causes of criminal
conduct, the rehabilitation and | 23 |
| correction of persons charged with and
convicted of crime, |
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SB1331 |
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LRB095 10527 RLC 30744 b |
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| the administration of criminal justice, and, in
counties of | 2 |
| less than 1,000,000 population, study, design, develop and
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| implement model systems for the delivery of trial level | 4 |
| defender
services, and make an annual report to the General | 5 |
| Assembly;
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| (4) hire investigators to provide investigative | 7 |
| services to appointed counsel and county
public defenders;
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| (5) in cases in which a death sentence is an authorized | 9 |
| disposition,
provide trial counsel with legal advice and | 10 |
| the assistance of expert witnesses, investigators,
and | 11 |
| mitigation specialists from funds appropriated to the | 12 |
| State Appellate
Defender specifically for that
purpose by | 13 |
| the General Assembly. The Office of State Appellate | 14 |
| Defender shall
not be appointed to serve as trial counsel | 15 |
| in capital cases ;
.
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| (6) develop a Juvenile Defender Resource Center to:
(i) | 17 |
| study, design, develop, and implement model systems for the | 18 |
| delivery of trial level defender services for juveniles in | 19 |
| the justice system; (ii) in cases in which a sentence of | 20 |
| incarceration or an adult sentence, or both, is an | 21 |
| authorized disposition, provide trial counsel with legal | 22 |
| advice and the assistance of expert witnesses and | 23 |
| investigators from funds appropriated to the Office of the | 24 |
| State Appellate Defender by the General Assembly | 25 |
| specifically for that purpose; (iii) develop and provide | 26 |
| training to public defenders on juvenile justice issues, |
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SB1331 |
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LRB095 10527 RLC 30744 b |
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| utilizing resources including the State and local bar | 2 |
| associations, the Illinois Public Defender Association, | 3 |
| law schools, the Midwest Juvenile Defender Center, and pro | 4 |
| bono efforts by law firms; and
(iv) make an annual report | 5 |
| to the General Assembly.
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| Investigators employed by the Death Penalty Trial | 7 |
| Assistance and Capital
Litigation Division of the State | 8 |
| Appellate Defender shall be authorized to
inquire
through the | 9 |
| Illinois State Police or local law enforcement with the Law
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| Enforcement
Agencies Data System (LEADS) under Section | 11 |
| 2605-375 of the Civil Administrative
Code of Illinois to | 12 |
| ascertain whether their potential witnesses have a criminal
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| background, including: (i) warrants; (ii) arrests; (iii) | 14 |
| convictions; and (iv)
officer
safety information. This | 15 |
| authorization applies only to information held on the
State
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| level and shall be used only to protect the personal safety of | 17 |
| the
investigators. Any
information that is obtained through | 18 |
| this inquiry may not be disclosed by the
investigators.
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| (d) For each State fiscal year, the
State Appellate | 20 |
| Defender shall appear before the General Assembly and request
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| appropriations to be made from the Capital Litigation Trust | 22 |
| Fund to the State
Treasurer for the purpose of providing | 23 |
| defense assistance in capital cases
outside of Cook County and | 24 |
| for expenses incurred by the State Appellate Defender in | 25 |
| representing petitioners in capital cases in post-conviction | 26 |
| proceedings under Article 122 of the Code of Criminal Procedure |
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SB1331 |
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LRB095 10527 RLC 30744 b |
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| of 1963 and in relation to petitions filed under Section 2-1401 | 2 |
| of the Code of Civil Procedure in relation to capital cases and | 3 |
| for the representation of those petitioners by attorneys | 4 |
| approved by or contracted with the State Appellate Defender. | 5 |
| The State Appellate Defender may appear before the
General | 6 |
| Assembly at other times during the State's fiscal year to | 7 |
| request
supplemental appropriations from the Trust Fund to the | 8 |
| State Treasurer.
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| (e) The requirement for reporting to the General Assembly | 10 |
| shall be
satisfied
by filing copies of the report with the | 11 |
| Speaker, the Minority Leader and
the Clerk of the House of | 12 |
| Representatives and the President, the Minority
Leader and the | 13 |
| Secretary of the Senate and the Legislative Research
Unit, as | 14 |
| required by Section 3.1 of the General Assembly Organization
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| Act and filing such additional copies with the State Government | 16 |
| Report
Distribution Center for
the General Assembly as is | 17 |
| required under paragraph (t) of Section 7 of the
State Library | 18 |
| Act.
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| (Source: P.A. 93-972, eff. 8-20-04; 93-1011, eff. 1-1-05; | 20 |
| 94-340, eff. 1-1-06.)
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