Full Text of HB3012 098th General Assembly
HB3012 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3012 Introduced , by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
| New Act | | 5 ILCS 140/7.5 | | 720 ILCS 5/9-1 | from Ch. 38, par. 9-1 | 725 ILCS 5/113-3 | from Ch. 38, par. 113-3 | 725 ILCS 5/119-1 | |
725 ILCS 105/10 | from Ch. 38, par. 208-10 |
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Amends the Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2013. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition,
the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators,
and mitigation specialists from funds appropriated to the State Appellate
Defender specifically for that
purpose by the General Assembly. Provides that the Office of State Appellate Defender shall
not be appointed to serve as trial counsel in capital cases.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Capital Crimes Litigation Act of 2013. | 6 | | Section 5. Appointment of trial counsel in death penalty | 7 | | cases. If an indigent defendant is charged with an offense for | 8 | | which a sentence of death is authorized, and the State's | 9 | | Attorney has not, at or before arraignment, filed a certificate | 10 | | indicating he or she will not seek the death penalty or stated | 11 | | on the record in open court that the death penalty will not be | 12 | | sought, the trial court shall immediately appoint the Public | 13 | | Defender, or such other qualified attorney or attorneys as the | 14 | | Illinois Supreme Court shall by rule provide, to represent the | 15 | | defendant as trial counsel. If the Public Defender is | 16 | | appointed, he or she shall immediately assign such attorney or | 17 | | attorneys who are public defenders to represent the defendant. | 18 | | The counsel shall meet the qualifications as the Supreme Court | 19 | | shall by rule provide. At the request of court appointed | 20 | | counsel in a case in which the death penalty is sought, | 21 | | attorneys employed by the State Appellate Defender may enter an | 22 | | appearance for the limited purpose of assisting counsel | 23 | | appointed under this Section.
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| 1 | | Section 10. Court appointed trial counsel; compensation | 2 | | and expenses. | 3 | | (a) This Section applies only to compensation and expenses | 4 | | of trial counsel appointed by the court as set forth in Section | 5 | | 5, other than public defenders, for the period after | 6 | | arraignment and so long as the State's Attorney has not, at any | 7 | | time, filed a certificate indicating he or she will not seek | 8 | | the death penalty or stated on the record in open court that | 9 | | the death penalty will not be sought. | 10 | | (a-5) Litigation budget. | 11 | | (1) In a case in which the State has filed a
statement | 12 | | of intent to seek the death penalty, the court shall | 13 | | require appointed counsel, including those appointed in | 14 | | Cook County, after counsel has had adequate time to review | 15 | | the case and prior to engaging trial assistance, to submit | 16 | | a proposed estimated litigation budget for court approval, | 17 | | that will be subject to modification in light of facts and | 18 | | developments that emerge as the case proceeds. Case budgets | 19 | | should be submitted ex parte and filed and maintained under | 20 | | seal in order to protect the defendant's right to effective | 21 | | assistance of counsel, right not to incriminate him or | 22 | | herself and all applicable privileges. Case budgets shall | 23 | | be reviewed and approved by the judge assigned to try the | 24 | | case. As provided under subsection (c) of this Section, | 25 | | petitions for compensation shall be reviewed by both the |
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| 1 | | trial judge and the presiding judge or the presiding | 2 | | judge's designee.
| 3 | | (2) The litigation budget shall serve purposes
| 4 | | comparable to those of private retainer agreements by | 5 | | confirming both the court's and the attorney's | 6 | | expectations regarding fees and expenses. Consideration | 7 | | should be given to employing an ex parte pretrial | 8 | | conference in order to facilitate reaching agreement on a | 9 | | litigation budget at the earliest opportunity. | 10 | | (3) The budget shall be incorporated into a sealed
| 11 | | initial pretrial order that reflects the understandings of | 12 | | the court and counsel regarding all matters affecting | 13 | | counsel compensation and reimbursement and payments for | 14 | | investigative, expert and other services, including but | 15 | | not limited to the following matters: | 16 | | (A) The hourly rate at which counsel will be
| 17 | | compensated; | 18 | | (B) The hourly rate at which private
| 19 | | investigators, other than investigators employed by | 20 | | the Office of the State Appellate Defender, will be | 21 | | compensated; and | 22 | | (C) The best preliminary estimate that can be
made | 23 | | of the cost of all services, including, but not limited | 24 | | to, counsel, expert, and investigative services, that | 25 | | are likely to be needed through the guilt and penalty | 26 | | phases of the trial. The court shall have discretion to |
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| 1 | | require that budgets be prepared for shorter intervals | 2 | | of time. | 3 | | (4) Appointed counsel may obtain, subject to later
| 4 | | review, investigative, expert or other services without | 5 | | prior authorization if necessary for an adequate defense. | 6 | | If such services are obtained, the presiding judge or the | 7 | | presiding judge's designee shall consider in an ex parte | 8 | | proceeding that timely procurement of necessary services | 9 | | could not await prior authorization. If an ex parte hearing | 10 | | is requested by defense counsel or deemed necessary by the | 11 | | trial judge prior to modifying a budget, the ex parte | 12 | | hearing shall be before the presiding judge or the | 13 | | presiding judge's designee. The judge may then authorize | 14 | | such services nunc pro tunc. If the presiding judge or the | 15 | | presiding judge's designee finds that the services were not | 16 | | reasonable, payment may be denied. | 17 | | (5) An approved budget shall guide counsel's use of
| 18 | | time and resources by indicating the services for which | 19 | | compensation is authorized. The case budget shall be | 20 | | re-evaluated when justified by changed or unexpected | 21 | | circumstances and shall be modified by the court when | 22 | | reasonable and necessary for an adequate defense. If an ex | 23 | | parte hearing is requested by defense counsel or deemed | 24 | | necessary by the trial judge prior to modifying a budget, | 25 | | the ex parte hearing shall be before the presiding judge or | 26 | | the presiding judge's designee. |
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| 1 | | (b) Appointed trial counsel shall be compensated upon | 2 | | presentment and certification by the circuit court of a claim | 3 | | for services detailing the date, activity, and time duration | 4 | | for which compensation is sought. Compensation for appointed | 5 | | trial counsel may be paid at a reasonable rate not to exceed | 6 | | $125 per hour. The court shall not authorize payment of bills | 7 | | that are not properly itemized. A request for payment shall be | 8 | | presented under seal and reviewed ex parte with a court | 9 | | reporter present.
Every January 20, the statutory rate | 10 | | prescribed in this subsection shall be automatically increased | 11 | | or decreased, as applicable, by a percentage equal to the | 12 | | percentage change in the consumer price index-u during the | 13 | | preceding 12-month calendar year. "Consumer price index-u" | 14 | | means the index published by the Bureau of Labor Statistics of | 15 | | the United States Department of Labor that measures the average | 16 | | change in prices of goods and services purchased by all urban | 17 | | consumers, United States city average, all items, 1982-84=100. | 18 | | The new rate resulting from each annual adjustment shall be | 19 | | determined by the State Treasurer and made available to the | 20 | | chief judge of each judicial circuit. | 21 | | (c) Appointed trial counsel may also petition the court for | 22 | | certification of expenses for reasonable and necessary capital | 23 | | litigation expenses including, but not limited to, | 24 | | investigatory and other assistance, expert, forensic, and | 25 | | other witnesses, and mitigation specialists. Each provider of | 26 | | proposed services must specify the best preliminary estimate |
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| 1 | | that can be made in light of information received in the case | 2 | | at that point, and the provider must sign this estimate under | 3 | | the provisions of Section 1-109 of the Code of Civil Procedure. | 4 | | A provider of proposed services must also specify (1) his or | 5 | | her hourly rate; (2) the hourly rate of anyone else in his or | 6 | | her employ for whom reimbursement is sought; and (3) the hourly | 7 | | rate of any person or entity that may be subcontracted to | 8 | | perform these services. Counsel may not petition for | 9 | | certification of expenses that may have been provided or | 10 | | compensated by the State Appellate Defender under item (c)(5) | 11 | | of Section 10 of the State Appellate Defender Act. The | 12 | | petitions shall be filed under seal and considered ex parte but | 13 | | with a court reporter present for all ex parte conferences. If | 14 | | the requests are submitted after services have been rendered, | 15 | | the requests shall be supported by an invoice describing the | 16 | | services rendered, the dates the services were performed and | 17 | | the amount of time spent. These petitions shall be reviewed by | 18 | | both the trial judge and the presiding judge of the circuit | 19 | | court or the presiding judge's designee. The petitions and | 20 | | orders shall be kept under seal and shall be exempt from | 21 | | Freedom of Information requests until the conclusion of the | 22 | | trial, even if the prosecution chooses not to pursue the death | 23 | | penalty prior to trial or sentencing. If an ex parte hearing is | 24 | | requested by defense counsel or deemed necessary by the trial | 25 | | judge, the hearing shall be before the presiding judge or the | 26 | | presiding judge's designee. |
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| 1 | | (d) Appointed trial counsel shall petition the court for | 2 | | certification of compensation and expenses under this Section | 3 | | periodically during the course of counsel's representation. | 4 | | The petitions shall be supported by itemized bills showing the | 5 | | date, the amount of time spent, the work done and the total | 6 | | being charged for each entry. The court shall not authorize | 7 | | payment of bills that are not properly itemized. The court must | 8 | | certify reasonable and necessary expenses of the petitioner for | 9 | | travel and per diem (lodging, meals, and incidental expenses). | 10 | | These expenses must be paid at the rate as promulgated by the | 11 | | United States General Services Administration for these | 12 | | expenses for the date and location in which they were incurred, | 13 | | unless extraordinary reasons are shown for the difference. The | 14 | | petitions shall be filed under seal and considered ex parte but | 15 | | with a court reporter present for all ex parte conferences. The | 16 | | petitions shall be reviewed by both the trial judge and the | 17 | | presiding judge of the circuit court or the presiding judge's | 18 | | designee. If an ex parte hearing is requested by defense | 19 | | counsel or deemed necessary by the trial judge, the ex parte | 20 | | hearing shall be before the presiding judge or the presiding | 21 | | judge's designee. If the court determines that the compensation | 22 | | and expenses should be paid from the Capital Litigation Trust | 23 | | Fund, the court shall certify, on a form created by the State | 24 | | Treasurer, that all or a designated portion of the amount | 25 | | requested is reasonable, necessary, and appropriate for | 26 | | payment from the Trust Fund. The form must also be signed by |
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| 1 | | lead trial counsel under the provisions of Section 1-109 of the | 2 | | Code of Civil Procedure verifying that the amount requested is | 3 | | reasonable, necessary, and appropriate. Bills submitted for | 4 | | payment by any individual or entity seeking payment from the | 5 | | Capital Litigation Trust Fund must also be accompanied by a | 6 | | form created by the State Treasurer and signed by the | 7 | | individual or responsible agent of the entity under the | 8 | | provisions of Section 1-109 of the Code of Civil Procedure that | 9 | | the amount requested is accurate and truthful and reflects time | 10 | | spent or expenses incurred. Certification of compensation and | 11 | | expenses by a court in any county other than Cook County shall | 12 | | be delivered by the court to the State Treasurer and must be | 13 | | paid by the State Treasurer directly from the Capital | 14 | | Litigation Trust Fund if there are sufficient moneys in the | 15 | | Trust Fund to pay the compensation and expenses. If the State | 16 | | Treasurer finds within 14 days of his or her receipt of a | 17 | | certification that the compensation and expenses to be paid are | 18 | | unreasonable, unnecessary, or inappropriate, he or she may | 19 | | return the certification to the court setting forth in detail | 20 | | the objection or objections with a request for the court to | 21 | | review the objection or objections before resubmitting the | 22 | | certification. The State Treasurer must send the claimant a | 23 | | copy of the objection or objections. The State Treasurer may | 24 | | only seek a review of a specific objection once. The claimant | 25 | | has 7 days from his or her receipt of the objections to file a | 26 | | response with the court. With or without further hearing, the |
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| 1 | | court must promptly rule on the objections. The petitions and | 2 | | orders shall be kept under seal and shall be exempt from | 3 | | Freedom of Information requests until the conclusion of the | 4 | | trial and appeal of the case, even if the prosecution chooses | 5 | | not to pursue the death penalty prior to trial or sentencing. | 6 | | Certification of compensation and expenses by a court in Cook | 7 | | County shall be delivered by the court to the county treasurer | 8 | | and paid by the county treasurer from moneys granted to the | 9 | | county from the Capital Litigation Trust Fund. | 10 | | Section 15. Capital Litigation Trust Fund.
| 11 | | (a) The Capital Litigation Trust Fund is created as a | 12 | | special fund in the State Treasury. The Trust Fund shall be | 13 | | administered by the State Treasurer to provide moneys for the | 14 | | appropriations to be made, grants to be awarded, and | 15 | | compensation and expenses to be paid under this Act. All | 16 | | interest earned from the investment or deposit of moneys | 17 | | accumulated in the Trust Fund shall, under Section 4.1 of the | 18 | | State Finance Act, be deposited into the Trust Fund. | 19 | | (b) Moneys deposited into the Trust Fund shall not be | 20 | | considered general revenue of the State of Illinois. | 21 | | (c) Moneys deposited into the Trust Fund shall be used | 22 | | exclusively for the purposes of providing funding for the | 23 | | prosecution and defense of capital cases and for providing | 24 | | funding for post-conviction proceedings in capital cases under | 25 | | Article 122 of the Code of Criminal Procedure of 1963 and in |
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| 1 | | relation to petitions filed under Section 2-1401 of the Code of | 2 | | Civil Procedure in relation to capital cases as provided in | 3 | | this Act and shall not be appropriated, loaned, or in any | 4 | | manner transferred to the General Revenue Fund of the State of | 5 | | Illinois. | 6 | | (d) Every fiscal year the State Treasurer shall transfer | 7 | | from the General Revenue Fund to the Capital Litigation Trust | 8 | | Fund an amount equal to the full amount of moneys appropriated | 9 | | by the General Assembly (both by original and supplemental | 10 | | appropriation), less any unexpended balance from the previous | 11 | | fiscal year, from the Capital Litigation Trust Fund for the | 12 | | specific purpose of making funding available for the | 13 | | prosecution and defense of capital cases and for the litigation | 14 | | expenses associated with 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. The Public Defender and State's Attorney in Cook | 19 | | County, the State Appellate Defender, the State's Attorneys | 20 | | Appellate Prosecutor, and the Attorney General shall make | 21 | | annual requests for appropriations from the Trust Fund. | 22 | | (1) The Public Defender in Cook County shall request
| 23 | | appropriations to the State Treasurer for expenses | 24 | | incurred by the Public Defender and for funding for private | 25 | | appointed defense counsel in Cook County. | 26 | | (2) The State's Attorney in Cook County shall
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| 1 | | an appropriation to the State Treasurer for expenses | 2 | | incurred by the State's Attorney. | 3 | | (3) The State Appellate Defender shall request a
direct | 4 | | appropriation from the Trust Fund for expenses incurred by | 5 | | the State Appellate Defender in providing assistance to | 6 | | trial attorneys under item (c)(5) of Section 10 of the | 7 | | State Appellate Defender Act and for expenses incurred by | 8 | | the State Appellate Defender in representing petitioners | 9 | | in capital cases in post-conviction proceedings under | 10 | | Article 122 of the Code of Criminal Procedure of 1963 and | 11 | | in relation to petitions filed under Section 2-1401 of the | 12 | | Code of Civil Procedure in relation to capital cases and | 13 | | for the representation of those petitioners by attorneys | 14 | | approved by or contracted with the State Appellate Defender | 15 | | and an appropriation to the State Treasurer for payments | 16 | | from the Trust Fund for the defense of cases in counties | 17 | | other than Cook County. | 18 | | (4) The State's Attorneys Appellate Prosecutor shall
| 19 | | request a direct appropriation from the Trust Fund to pay | 20 | | expenses incurred by the State's Attorneys Appellate | 21 | | Prosecutor and an appropriation to the State Treasurer for | 22 | | payments from the Trust Fund for expenses incurred by | 23 | | State's Attorneys in counties other than Cook County. | 24 | | (5) The Attorney General shall request a direct
| 25 | | appropriation from the Trust Fund to pay expenses incurred | 26 | | by the Attorney General in assisting the State's Attorneys |
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| 1 | | in counties other than Cook County and to pay for expenses | 2 | | incurred by the Attorney General when the Attorney General | 3 | | is ordered by the presiding judge of the Criminal Division | 4 | | of the Circuit Court of Cook County to prosecute or | 5 | | supervise the prosecution of Cook County cases and for | 6 | | expenses incurred by the Attorney General in representing | 7 | | the State in post-conviction proceedings in capital cases | 8 | | under Article 122 of the Code of Criminal Procedure of 1963 | 9 | | and in relation to petitions filed under Section 2-1401 of | 10 | | the Code of Civil Procedure in relation to capital cases.
| 11 | | The Public Defender and State's Attorney in Cook County, | 12 | | the State Appellate Defender, the State's Attorneys | 13 | | Appellate Prosecutor, and the Attorney General may each | 14 | | request supplemental appropriations from the Trust Fund | 15 | | during the fiscal year. | 16 | | (e) Moneys in the Trust Fund shall be expended only as | 17 | | follows: | 18 | | (1) To pay the State Treasurer's costs to administer
| 19 | | the Trust Fund. The amount for this purpose may not exceed | 20 | | 5% in any one fiscal year of the amount otherwise | 21 | | appropriated from the Trust Fund in the same fiscal year.
| 22 | | (2) To pay the capital litigation expenses of trial
| 23 | | defense and post-conviction proceedings in capital cases | 24 | | under Article 122 of the Code of Criminal Procedure of 1963 | 25 | | and in relation to petitions filed under Section 2-1401 of | 26 | | the Code of Civil Procedure in relation to capital cases |
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| 1 | | including, but not limited to, DNA testing, including DNA | 2 | | testing under Section 116-3 of the Code of Criminal | 3 | | Procedure of 1963, analysis, and expert testimony, | 4 | | investigatory and other assistance, expert, forensic, and | 5 | | other witnesses, and mitigation specialists, and grants | 6 | | and aid provided to public defenders, appellate defenders, | 7 | | and any attorney approved by or contracted with the State | 8 | | Appellate Defender representing petitioners in | 9 | | post-conviction proceedings in capital cases under Article | 10 | | 122 of the Code of Criminal Procedure of 1963 and in | 11 | | relation to petitions filed under Section 2-1401 of the | 12 | | Code of Civil Procedure in relation to capital cases or | 13 | | assistance to attorneys who have been appointed by the | 14 | | court to represent defendants who are charged with capital | 15 | | crimes. Reasonable and necessary capital litigation | 16 | | expenses include travel and per diem (lodging, meals, and | 17 | | incidental expenses). | 18 | | (3) To pay the compensation of trial attorneys,
other | 19 | | than public defenders or appellate defenders, who have been | 20 | | appointed by the court to represent defendants who are | 21 | | charged with capital crimes or attorneys approved by or | 22 | | contracted with the State Appellate Defender to represent | 23 | | petitioners in post-conviction proceedings in capital | 24 | | cases under Article 122 of the Code of Criminal Procedure | 25 | | of 1963 and in relation to petitions filed under Section | 26 | | 2-1401 of the Code of Civil Procedure in relation to |
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| 1 | | capital cases. | 2 | | (4) To provide State's Attorneys with funding for
| 3 | | capital litigation expenses and for expenses of | 4 | | representing the State in post-conviction proceedings in | 5 | | capital cases under Article 122 of the Code of Criminal | 6 | | Procedure of 1963 and in relation to petitions filed under | 7 | | Section 2-1401 of the Code of Civil Procedure in relation | 8 | | to capital cases including, but not limited to, | 9 | | investigatory and other assistance and expert, forensic, | 10 | | and other witnesses necessary to prosecute capital cases. | 11 | | State's Attorneys in any county other than Cook County | 12 | | seeking funding for capital litigation expenses and for | 13 | | expenses of representing the State in post-conviction | 14 | | proceedings in capital cases under Article 122 of the Code | 15 | | of Criminal Procedure of 1963 and in relation to petitions | 16 | | filed under Section 2-1401 of the Code of Civil Procedure | 17 | | in relation to capital cases including, but not limited to, | 18 | | investigatory and other assistance and expert, forensic, | 19 | | or other witnesses under this Section may request that the | 20 | | State's Attorneys Appellate Prosecutor or the Attorney | 21 | | General, as the case may be, certify the expenses as | 22 | | reasonable, necessary, and appropriate for payment from | 23 | | the Trust Fund, on a form created by the State Treasurer. | 24 | | Upon certification of the expenses and delivery of the | 25 | | certification to the State Treasurer, the Treasurer shall | 26 | | pay the expenses directly from the Capital Litigation Trust |
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| 1 | | Fund if there are sufficient moneys in the Trust Fund to | 2 | | pay the expenses. | 3 | | (5) To provide financial support through the
Attorney | 4 | | General pursuant to the Attorney General Act for the | 5 | | several county State's Attorneys outside of Cook County, | 6 | | but shall not be used to increase personnel for the | 7 | | Attorney General's Office, except when the Attorney | 8 | | General is ordered by the presiding judge of the Criminal | 9 | | Division of the Circuit Court of Cook County to prosecute | 10 | | or supervise the prosecution of Cook County cases. | 11 | | (6) To provide financial support through the State's
| 12 | | Attorneys Appellate Prosecutor pursuant to the State's | 13 | | Attorneys Appellate Prosecutor's Act for the several | 14 | | county State's Attorneys outside of Cook County, but shall | 15 | | not be used to increase personnel for the State's Attorneys | 16 | | Appellate Prosecutor. | 17 | | (7) To provide financial support to the State
Appellate | 18 | | Defender pursuant to the State Appellate Defender Act.
| 19 | | Moneys expended from the Trust Fund shall be in addition to | 20 | | county funding for Public Defenders and State's Attorneys, | 21 | | and shall not be used to supplant or reduce ordinary and | 22 | | customary county funding. | 23 | | (f) Moneys in the Trust Fund shall be appropriated to the | 24 | | State Appellate Defender, the State's Attorneys Appellate | 25 | | Prosecutor, the Attorney General, and the State Treasurer. The | 26 | | State Appellate Defender shall receive an appropriation from |
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| 1 | | the Trust Fund to enable it to provide assistance to appointed | 2 | | defense counsel and attorneys approved by or contracted with | 3 | | the State Appellate Defender to represent petitioners in | 4 | | post-conviction proceedings in capital cases under Article 122 | 5 | | of the Code of Criminal Procedure of 1963 and in relation to | 6 | | petitions filed under Section 2-1401 of the Code of Civil | 7 | | Procedure in relation to capital cases throughout the State and | 8 | | to Public Defenders in counties other than Cook. The State's | 9 | | Attorneys Appellate Prosecutor and the Attorney General shall | 10 | | receive appropriations from the Trust Fund to enable them to | 11 | | provide assistance to State's Attorneys in counties other than | 12 | | Cook County and when the Attorney General is ordered by the | 13 | | presiding judge of the Criminal Division of the Circuit Court | 14 | | of Cook County to prosecute or supervise the prosecution of | 15 | | Cook County cases. Moneys shall be appropriated to the State | 16 | | Treasurer to enable the Treasurer (i) to make grants to Cook | 17 | | County, (ii) to pay the expenses of Public Defenders, the State | 18 | | Appellate Defender, the Attorney General, the Office of the | 19 | | State's Attorneys Appellate Prosecutor, and State's Attorneys | 20 | | in counties other than Cook County, (iii) to pay the expenses | 21 | | and compensation of appointed defense counsel and attorneys | 22 | | approved by or contracted with the State Appellate Defender to | 23 | | represent petitioners in post-conviction proceedings in | 24 | | capital cases under Article 122 of the Code of Criminal | 25 | | Procedure of 1963 and in relation to petitions filed under | 26 | | Section 2-1401 of the Code of Civil Procedure in relation to |
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| 1 | | capital cases in counties other than Cook County, and (iv) to | 2 | | pay the costs of administering the Trust Fund. All expenditures | 3 | | and grants made from the Trust Fund shall be subject to audit | 4 | | by the Auditor General. | 5 | | (g) For Cook County, grants from the Trust Fund shall be | 6 | | made and administered as follows: | 7 | | (1) For each State fiscal year, the State's Attorney
| 8 | | and Public Defender must each make a separate application | 9 | | to the State Treasurer for capital litigation grants. | 10 | | (2) The State Treasurer shall establish rules and
| 11 | | procedures for grant applications. The rules shall require | 12 | | the Cook County Treasurer as the grant recipient to report | 13 | | on a periodic basis to the State Treasurer how much of the | 14 | | grant has been expended, how much of the grant is | 15 | | remaining, and the purposes for which the grant has been | 16 | | used. The rules may also require the Cook County Treasurer | 17 | | to certify on a periodic basis that expenditures of the | 18 | | funds have been made for expenses that are reasonable, | 19 | | necessary, and appropriate for payment from the Trust Fund. | 20 | | (3) The State Treasurer shall make the grants to the
| 21 | | Cook County Treasurer as soon as possible after the | 22 | | beginning of the State fiscal year. | 23 | | (4) The State's Attorney or Public Defender may
apply | 24 | | for supplemental grants during the fiscal year. | 25 | | (5) Grant moneys shall be paid to the Cook County
| 26 | | Treasurer in block grants and held in separate accounts for |
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| 1 | | the State's Attorney, the Public Defender, and court | 2 | | appointed defense counsel other than the Cook County Public | 3 | | Defender, respectively, for the designated fiscal year, | 4 | | and are not subject to county appropriation. | 5 | | (6) Expenditure of grant moneys under this
subsection | 6 | | (g) is subject to audit by the Auditor General. | 7 | | (7) The Cook County Treasurer shall immediately make
| 8 | | payment from the appropriate separate account in the county | 9 | | treasury for capital litigation expenses to the State's | 10 | | Attorney, Public Defender, or court appointed defense | 11 | | counsel other than the Public Defender, as the case may be, | 12 | | upon order of the State's Attorney, Public Defender or the | 13 | | court, respectively. | 14 | | (h) If a defendant in a capital case in Cook County is | 15 | | represented by court appointed counsel other than the Cook | 16 | | County Public Defender, the appointed counsel shall petition | 17 | | the court for an order directing the Cook County Treasurer to | 18 | | pay the court appointed counsel's reasonable and necessary | 19 | | compensation and capital litigation expenses from grant moneys | 20 | | provided from the Trust Fund. The petitions shall be supported | 21 | | by itemized bills showing the date, the amount of time spent, | 22 | | the work done and the total being charged for each entry. The | 23 | | court shall not authorize payment of bills that are not | 24 | | properly itemized. The petitions shall be filed under seal and | 25 | | considered ex parte but with a court reporter present for all | 26 | | ex parte conferences. The petitions shall be reviewed by both |
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| 1 | | the trial judge and the presiding judge of the circuit court or | 2 | | the presiding judge's designee. The petitions and orders shall | 3 | | be kept under seal and shall be exempt from Freedom of | 4 | | Information requests until the conclusion of the trial and | 5 | | appeal of the case, even if the prosecution chooses not to | 6 | | pursue the death penalty prior to trial or sentencing. Orders | 7 | | denying petitions for compensation or expenses are final. | 8 | | Counsel may not petition for expenses that may have been | 9 | | provided or compensated by the State Appellate Defender under | 10 | | item (c)(5) of Section 10 of the State Appellate Defender Act. | 11 | | (i) In counties other than Cook County, and when the | 12 | | Attorney General is ordered by the presiding judge of the | 13 | | Criminal Division of the Circuit Court of Cook County to | 14 | | prosecute or supervise the prosecution of Cook County cases, | 15 | | and excluding capital litigation expenses or services that may | 16 | | have been provided by the State Appellate Defender under item | 17 | | (c)(5) of Section 10 of the State Appellate Defender Act: | 18 | | (1) Upon certification by the circuit court, on a
form | 19 | | created by the State Treasurer, that all or a portion of | 20 | | the expenses are reasonable, necessary, and appropriate | 21 | | for payment from the Trust Fund and the court's delivery of | 22 | | the certification to the Treasurer, the Treasurer shall pay | 23 | | the certified expenses of Public Defenders and the State | 24 | | Appellate Defender from the money appropriated to the | 25 | | Treasurer for capital litigation expenses of Public | 26 | | Defenders and post-conviction proceeding expenses in |
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| 1 | | capital cases of the State Appellate Defender and expenses | 2 | | in relation to petitions filed under Section 2-1401 of the | 3 | | Code of Civil Procedure in relation to capital cases in any | 4 | | county other than Cook County, if there are sufficient | 5 | | moneys in the Trust Fund to pay the expenses. | 6 | | (2) If a defendant in a capital case is represented
by | 7 | | court appointed counsel other than the Public Defender, the | 8 | | appointed counsel shall petition the court to certify | 9 | | compensation and capital litigation expenses including, | 10 | | but not limited to, investigatory and other assistance, | 11 | | expert, forensic, and other witnesses, and mitigation | 12 | | specialists as reasonable, necessary, and appropriate for | 13 | | payment from the Trust Fund. If a petitioner in a capital | 14 | | case who has filed a petition for post-conviction relief | 15 | | under Article 122 of the Code of Criminal Procedure of 1963 | 16 | | or a petition under Section 2-1401 of the Code of Civil | 17 | | Procedure in relation to capital cases is represented by an | 18 | | attorney approved by or contracted with the State Appellate | 19 | | Defender other than the State Appellate Defender, that | 20 | | attorney shall petition the court to certify compensation | 21 | | and litigation expenses of post-conviction proceedings | 22 | | under Article 122 of the Code of Criminal Procedure of 1963 | 23 | | or in relation to petitions filed under Section 2-1401 of | 24 | | the Code of Civil Procedure in relation to capital cases. | 25 | | Upon certification on a form created by the State Treasurer | 26 | | of all or a portion of the compensation and expenses |
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| 1 | | certified as reasonable, necessary, and appropriate for | 2 | | payment from the Trust Fund and the court's delivery of the | 3 | | certification to the Treasurer, the State Treasurer shall | 4 | | pay the certified compensation and expenses from the money | 5 | | appropriated to the Treasurer for that purpose, if there | 6 | | are sufficient moneys in the Trust Fund to make those | 7 | | payments. | 8 | | (3) A petition for capital litigation expenses or
| 9 | | post-conviction proceeding expenses or expenses incurred | 10 | | in filing a petition under Section 2-1401 of the Code of | 11 | | Civil Procedure in relation to capital cases under this | 12 | | subsection shall be considered under seal and reviewed ex | 13 | | parte with a court reporter present. Orders denying | 14 | | petitions for compensation or expenses are final. | 15 | | (j) If the Trust Fund is discontinued or dissolved by an | 16 | | Act of the General Assembly or by operation of law, any balance | 17 | | remaining in the Trust Fund shall be returned to the General | 18 | | Revenue Fund after deduction of administrative costs, any other | 19 | | provision of this Act to the contrary notwithstanding.
| 20 | | Section 100. The Freedom of Information Act is amended by | 21 | | changing Section 7.5 as follows: | 22 | | (5 ILCS 140/7.5) | 23 | | Sec. 7.5. Statutory Exemptions. To the extent provided for | 24 | | by the statutes referenced below, the following shall be exempt |
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| 1 | | from inspection and copying: | 2 | | (a) All information determined to be confidential under | 3 | | Section 4002 of the Technology Advancement and Development Act. | 4 | | (b) Library circulation and order records identifying | 5 | | library users with specific materials under the Library Records | 6 | | Confidentiality Act. | 7 | | (c) Applications, related documents, and medical records | 8 | | received by the Experimental Organ Transplantation Procedures | 9 | | Board and any and all documents or other records prepared by | 10 | | the Experimental Organ Transplantation Procedures Board or its | 11 | | staff relating to applications it has received. | 12 | | (d) Information and records held by the Department of | 13 | | Public Health and its authorized representatives relating to | 14 | | known or suspected cases of sexually transmissible disease or | 15 | | any information the disclosure of which is restricted under the | 16 | | Illinois Sexually Transmissible Disease Control Act. | 17 | | (e) Information the disclosure of which is exempted under | 18 | | Section 30 of the Radon Industry Licensing Act. | 19 | | (f) Firm performance evaluations under Section 55 of the | 20 | | Architectural, Engineering, and Land Surveying Qualifications | 21 | | Based Selection Act. | 22 | | (g) Information the disclosure of which is restricted and | 23 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. | 24 | | (h) Information the disclosure of which is exempted under | 25 | | the State Officials and Employees Ethics Act, and records of | 26 | | any lawfully created State or local inspector general's office |
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| 1 | | that would be exempt if created or obtained by an Executive | 2 | | Inspector General's office under that Act. | 3 | | (i) Information contained in a local emergency energy plan | 4 | | submitted to a municipality in accordance with a local | 5 | | emergency energy plan ordinance that is adopted under Section | 6 | | 11-21.5-5 of the Illinois Municipal Code. | 7 | | (j) Information and data concerning the distribution of | 8 | | surcharge moneys collected and remitted by wireless carriers | 9 | | under the Wireless Emergency Telephone Safety Act. | 10 | | (k) Law enforcement officer identification information or | 11 | | driver identification information compiled by a law | 12 | | enforcement agency or the Department of Transportation under | 13 | | Section 11-212 of the Illinois Vehicle Code. | 14 | | (l) Records and information provided to a residential | 15 | | health care facility resident sexual assault and death review | 16 | | team or the Executive Council under the Abuse Prevention Review | 17 | | Team Act. | 18 | | (m) Information provided to the predatory lending database | 19 | | created pursuant to Article 3 of the Residential Real Property | 20 | | Disclosure Act, except to the extent authorized under that | 21 | | Article. | 22 | | (n) Defense budgets and petitions for certification of | 23 | | compensation and expenses for court appointed trial counsel as | 24 | | provided under Sections 10 and 15 of the Capital Crimes | 25 | | Litigation Act of 2013 . This subsection (n) shall apply until | 26 | | the conclusion of the trial of the case, even if the |
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| 1 | | prosecution chooses not to pursue the death penalty prior to | 2 | | trial or sentencing. | 3 | | (o) Information that is prohibited from being disclosed | 4 | | under Section 4 of the Illinois Health and Hazardous Substances | 5 | | Registry Act. | 6 | | (p) Security portions of system safety program plans, | 7 | | investigation reports, surveys, schedules, lists, data, or | 8 | | information compiled, collected, or prepared by or for the | 9 | | Regional Transportation Authority under Section 2.11 of the | 10 | | Regional Transportation Authority Act or the St. Clair County | 11 | | Transit District under the Bi-State Transit Safety Act. | 12 | | (q) Information prohibited from being disclosed by the | 13 | | Personnel Records Review Act. | 14 | | (r) Information prohibited from being disclosed by the | 15 | | Illinois School Student Records Act. | 16 | | (s) Information the disclosure of which is restricted under | 17 | | Section 5-108 of the Public Utilities Act.
| 18 | | (t) All identified or deidentified health information in | 19 | | the form of health data or medical records contained in, stored | 20 | | in, submitted to, transferred by, or released from the Illinois | 21 | | Health Information Exchange, and identified or deidentified | 22 | | health information in the form of health data and medical | 23 | | records of the Illinois Health Information Exchange in the | 24 | | possession of the Illinois Health Information Exchange | 25 | | Authority due to its administration of the Illinois Health | 26 | | Information Exchange. The terms "identified" and |
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| 1 | | "deidentified" shall be given the same meaning as in the Health | 2 | | Insurance Accountability and Portability Act of 1996, Public | 3 | | Law 104-191, or any subsequent amendments thereto, and any | 4 | | regulations promulgated thereunder. | 5 | | (u) Records and information provided to an independent team | 6 | | of experts under Brian's Law. | 7 | | (v) Names and information of people who have applied for or | 8 | | received Firearm Owner's Identification Cards under the | 9 | | Firearm Owners Identification Card Act. | 10 | | (w) Personally identifiable information which is exempted | 11 | | from disclosure under subsection (g) of Section 19.1 of the | 12 | | Toll Highway Act. | 13 | | (x) Information which is exempted from disclosure under | 14 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | 15 | | Illinois Municipal Code. | 16 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | 17 | | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | 18 | | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, | 19 | | eff. 1-1-13.) | 20 | | Section 105. The Criminal Code of 2012 is amended by | 21 | | changing Section 9-1 as follows: | 22 | | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | 23 | | Sec. 9-1. First degree Murder - Death penalties - | 24 | | Exceptions - Separate
Hearings - Proof - Findings - Appellate |
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| 1 | | procedures - Reversals.
| 2 | | (a) A person who kills an individual without lawful | 3 | | justification commits
first degree murder if, in performing the | 4 | | acts which cause the death:
| 5 | | (1) he either intends to kill or do great bodily harm | 6 | | to that
individual or another, or knows that such acts will | 7 | | cause death to that
individual or another; or
| 8 | | (2) he knows that such acts create a strong probability | 9 | | of death or
great bodily harm to that individual or | 10 | | another; or
| 11 | | (3) he is attempting or committing a forcible felony | 12 | | other than
second degree murder.
| 13 | | (b) Aggravating Factors. A defendant who at the time of the
| 14 | | commission of the offense has attained the age of 18 or more | 15 | | and who has
been found guilty of first degree murder may be | 16 | | sentenced to death if:
| 17 | | (1) Murder of a peace officer, correctional employee,
| 18 | | or fireman in the performance of his or her duties. The the | 19 | | murdered individual was a peace officer , employee of an | 20 | | institution or facility of the Department of Corrections, | 21 | | or any similar local correctional agency, or fireman killed | 22 | | in
the course of performing his official duties, to prevent | 23 | | the performance
of his official duties, or in retaliation | 24 | | for performing his official
duties, and the defendant knew | 25 | | or
should have known that the murdered individual was so | 26 | | employed a peace officer or
fireman ; or
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| 1 | | (2) (Blank); the murdered individual was an employee of | 2 | | an institution or
facility of the Department of | 3 | | Corrections, or any similar local
correctional agency, | 4 | | killed in the course of performing his official
duties, to | 5 | | prevent the performance of his official duties, or in
| 6 | | retaliation for performing his official duties, or the | 7 | | murdered
individual was an inmate at such institution or | 8 | | facility and was killed on the
grounds thereof, or the | 9 | | murdered individual was otherwise present in such
| 10 | | institution or facility with the knowledge and approval of | 11 | | the chief
administrative officer thereof; or
| 12 | | (3) Multiple murders. The the defendant has been | 13 | | convicted of murdering two or more
individuals under | 14 | | subsection (a) of this Section or under any law of the
| 15 | | United States or of any state which is substantially | 16 | | similar to
subsection (a) of this Section regardless of | 17 | | whether the deaths
occurred as the result of the same act | 18 | | or of several related or
unrelated acts so long as the | 19 | | deaths were the result of either an intent
to kill more | 20 | | than one person or of separate acts which
the defendant | 21 | | knew would cause death or create a strong probability of
| 22 | | death or great bodily harm to the murdered individual or | 23 | | another; or
| 24 | | (4) (Blank); the murdered individual was killed as a | 25 | | result of the
hijacking of an airplane, train, ship, bus or | 26 | | other public conveyance; or
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| 1 | | (5) (Blank); the defendant committed the murder | 2 | | pursuant to a contract,
agreement or understanding by which | 3 | | he was to receive money or anything
of value in return for | 4 | | committing the murder or procured another to
commit the | 5 | | murder for money or anything of value; or
| 6 | | (6) (Blank); the murdered individual was killed in the | 7 | | course of another felony if:
| 8 | | (a) the murdered individual:
| 9 | | (i) was actually killed by the defendant, or
| 10 | | (ii) received physical injuries personally | 11 | | inflicted by the defendant
substantially | 12 | | contemporaneously with physical injuries caused by | 13 | | one or
more persons for whose conduct the defendant | 14 | | is legally accountable under
Section 5-2 of this | 15 | | Code, and the physical injuries inflicted by | 16 | | either
the defendant or the other person or persons | 17 | | for whose conduct he is legally
accountable caused | 18 | | the death of the murdered individual; and
| 19 | | (b) in performing the acts which caused the death | 20 | | of the murdered
individual or which resulted in | 21 | | physical injuries personally inflicted by
the | 22 | | defendant on the murdered individual under the | 23 | | circumstances of
subdivision (ii) of subparagraph (a) | 24 | | of paragraph (6) of subsection (b) of
this Section, the | 25 | | defendant acted with the intent to kill the murdered
| 26 | | individual or with the knowledge that his acts created |
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| 1 | | a strong probability
of death or great bodily harm to | 2 | | the murdered individual or another; and
| 3 | | (c) the other felony was an inherently violent | 4 | | crime
or the attempt to commit an inherently
violent | 5 | | crime.
In this subparagraph (c), "inherently violent | 6 | | crime" includes, but is not
limited to, armed robbery, | 7 | | robbery, predatory criminal sexual assault of a
child,
| 8 | | aggravated criminal sexual assault, aggravated | 9 | | kidnapping, aggravated vehicular
hijacking,
aggravated | 10 | | arson, aggravated stalking, residential burglary, and | 11 | | home
invasion; or
| 12 | | (7) the murdered individual was under 12 years of age | 13 | | and the
death resulted from exceptionally brutal or heinous | 14 | | behavior indicative of
wanton cruelty; or
| 15 | | (8) (Blank); the defendant committed the murder with | 16 | | intent to
prevent the murdered individual from testifying | 17 | | or participating in any
criminal investigation or | 18 | | prosecution
or giving material assistance to the State in | 19 | | any investigation or
prosecution, either against the | 20 | | defendant or another; or the defendant
committed the murder | 21 | | because the murdered individual was a witness in any
| 22 | | prosecution or gave material assistance to the State in any | 23 | | investigation
or prosecution, either against the defendant | 24 | | or another;
for purposes of this paragraph (8), | 25 | | "participating in any criminal
investigation
or | 26 | | prosecution" is intended to include those appearing in the |
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| 1 | | proceedings in
any capacity such as trial judges, | 2 | | prosecutors, defense attorneys,
investigators, witnesses, | 3 | | or jurors; or
| 4 | | (9) (Blank); the defendant, while committing an | 5 | | offense punishable under
Sections 401, 401.1, 401.2, 405, | 6 | | 405.2, 407 or 407.1 or subsection (b) of
Section
404 of the | 7 | | Illinois Controlled Substances Act, or while engaged in a
| 8 | | conspiracy or solicitation to commit such offense, | 9 | | intentionally killed an
individual or counseled, | 10 | | commanded, induced, procured or caused the
intentional | 11 | | killing of the murdered individual; or
| 12 | | (10) (Blank); the defendant was incarcerated in an | 13 | | institution or facility of
the Department of Corrections at | 14 | | the time of the murder, and while
committing an offense | 15 | | punishable as a felony under Illinois law, or while
engaged | 16 | | in a conspiracy or solicitation to commit such offense,
| 17 | | intentionally killed an individual or counseled, | 18 | | commanded, induced,
procured or caused the intentional | 19 | | killing of the murdered individual; or
| 20 | | (11) (Blank); the murder was committed in a cold, | 21 | | calculated and premeditated
manner pursuant to a | 22 | | preconceived plan, scheme or design to take a human
life by | 23 | | unlawful means, and the conduct of the defendant created a
| 24 | | reasonable expectation that the death of a human being | 25 | | would result
therefrom; or
| 26 | | (12) (Blank); the murdered individual was an emergency |
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| 1 | | medical technician -
ambulance, emergency medical | 2 | | technician - intermediate, emergency medical
technician - | 3 | | paramedic, ambulance driver, or
other medical assistance | 4 | | or first aid personnel, employed by a municipality
or other | 5 | | governmental unit, killed in the course of performing his | 6 | | official
duties, to prevent the performance of his official | 7 | | duties, or in retaliation
for performing his official | 8 | | duties, and the defendant knew or should have
known that | 9 | | the murdered individual was an emergency medical | 10 | | technician -
ambulance, emergency medical technician - | 11 | | intermediate, emergency medical
technician - paramedic, | 12 | | ambulance driver, or
other medical assistance or first aid | 13 | | personnel; or
| 14 | | (13) (Blank); the defendant was a principal | 15 | | administrator, organizer, or leader
of a calculated | 16 | | criminal drug conspiracy consisting of a hierarchical | 17 | | position
of authority superior to that of all other members | 18 | | of the conspiracy, and the
defendant counseled, commanded, | 19 | | induced, procured, or caused the intentional
killing of the | 20 | | murdered person;
or
| 21 | | (14) (Blank); the murder was intentional and involved | 22 | | the infliction of torture.
For
the purpose of this Section | 23 | | torture means the infliction of or subjection to
extreme | 24 | | physical pain, motivated by an intent to increase or | 25 | | prolong the pain,
suffering or agony of the victim; or
| 26 | | (15) (Blank); the murder was committed as a result of |
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| 1 | | the intentional discharge
of a firearm by the defendant | 2 | | from a motor vehicle and the victim was not
present within | 3 | | the motor vehicle; or
| 4 | | (16) (Blank); the murdered individual was 60 years of | 5 | | age or older and the death
resulted
from exceptionally | 6 | | brutal or heinous behavior indicative of wanton cruelty; or
| 7 | | (17) (Blank); the murdered individual was a disabled | 8 | | person and the defendant knew
or
should have known that the | 9 | | murdered individual was disabled. For purposes of
this | 10 | | paragraph (17), "disabled person" means a person who | 11 | | suffers from a
permanent physical or mental impairment | 12 | | resulting from disease, an injury,
a functional disorder, | 13 | | or a congenital condition that renders the person
incapable | 14 | | of
adequately providing for his or her own health or | 15 | | personal care; or
| 16 | | (18) (Blank); the murder was committed by reason of any | 17 | | person's activity as a
community policing volunteer or to | 18 | | prevent any person from engaging in activity
as a community | 19 | | policing volunteer; or
| 20 | | (19) (Blank); the murdered individual was subject to an | 21 | | order of protection and the
murder was committed by a | 22 | | person against whom the same order of protection was
issued | 23 | | under the Illinois Domestic Violence Act of 1986; or
| 24 | | (20) the murdered individual committed the murder was | 25 | | known by the defendant to be a teacher or
other person | 26 | | employed in any school and the teacher or other employee is |
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| 1 | | upon
the grounds of a school or grounds adjacent to a | 2 | | school, or is in any part of a
building used for school | 3 | | purposes; or
| 4 | | (21) the murder was committed by the defendant in | 5 | | connection with or as
a
result of the offense of terrorism | 6 | | as defined in Section 29D-14.9 of this
Code.
| 7 | | (b-5) Aggravating Factor; Natural Life Imprisonment. A | 8 | | defendant who has been found guilty of first degree murder and | 9 | | who at the time of the commission of the offense had attained | 10 | | the age of 18 years or more may be sentenced to natural life | 11 | | imprisonment if
(i) the murdered individual was a physician, | 12 | | physician assistant, psychologist, nurse, or advanced practice | 13 | | nurse, (ii) the defendant knew or should have
known that the | 14 | | murdered individual was a physician, physician assistant, | 15 | | psychologist, nurse, or advanced practice nurse, and (iii) the | 16 | | murdered individual was killed in the course of acting in his | 17 | | or her capacity as a physician, physician assistant, | 18 | | psychologist, nurse, or advanced practice nurse, or to prevent | 19 | | him or her from acting in that capacity, or in retaliation
for | 20 | | his or her acting in that capacity. | 21 | | (c) Consideration of factors in Aggravation and | 22 | | Mitigation.
| 23 | | The court shall consider, or shall instruct the jury to | 24 | | consider any
aggravating and any mitigating factors which are | 25 | | relevant to the
imposition of the death penalty. Aggravating | 26 | | factors may include but
need not be limited to those factors |
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| 1 | | set forth in subsection (b).
Mitigating factors may include but | 2 | | need not be limited to the following:
| 3 | | (1) the defendant has no significant history of prior | 4 | | criminal
activity;
| 5 | | (2) the murder was committed while the defendant was | 6 | | under
the influence of extreme mental or emotional | 7 | | disturbance, although not such
as to constitute a defense | 8 | | to prosecution;
| 9 | | (3) the murdered individual was a participant in the
| 10 | | defendant's homicidal conduct or consented to the | 11 | | homicidal act;
| 12 | | (4) the defendant acted under the compulsion of threat | 13 | | or
menace of the imminent infliction of death or great | 14 | | bodily harm;
| 15 | | (5) the defendant was not personally present during
| 16 | | commission of the act or acts causing death;
| 17 | | (6) the defendant's background includes a history of | 18 | | extreme emotional
or physical abuse;
| 19 | | (7) the defendant suffers from a reduced mental | 20 | | capacity.
| 21 | | (d) Separate sentencing hearing.
| 22 | | Where requested by the State, the court shall conduct a | 23 | | separate
sentencing proceeding to determine the existence of | 24 | | factors set forth in
subsection (b) and to consider any | 25 | | aggravating or mitigating factors as
indicated in subsection | 26 | | (c). The proceeding shall be conducted:
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| 1 | | (1) before the jury that determined the defendant's | 2 | | guilt; or
| 3 | | (2) before a jury impanelled for the purpose of the | 4 | | proceeding if:
| 5 | | A. the defendant was convicted upon a plea of | 6 | | guilty; or
| 7 | | B. the defendant was convicted after a trial before | 8 | | the court
sitting without a jury; or
| 9 | | C. the court for good cause shown discharges the | 10 | | jury that
determined the defendant's guilt; or
| 11 | | (3) before the court alone if the defendant waives a | 12 | | jury
for the separate proceeding.
| 13 | | (e) Evidence and Argument.
| 14 | | During the proceeding any information relevant to any of | 15 | | the factors
set forth in subsection (b) may be presented by | 16 | | either the State or the
defendant under the rules governing the | 17 | | admission of evidence at
criminal trials. Any information | 18 | | relevant to any additional aggravating
factors or any | 19 | | mitigating factors indicated in subsection (c) may be
presented | 20 | | by the State or defendant regardless of its admissibility
under | 21 | | the rules governing the admission of evidence at criminal | 22 | | trials.
The State and the defendant shall be given fair | 23 | | opportunity to rebut any
information received at the hearing.
| 24 | | (f) Proof.
| 25 | | The burden of proof of establishing the existence of any of | 26 | | the
factors set forth in subsection (b) is on the State and |
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| 1 | | shall not be
satisfied unless established beyond a reasonable | 2 | | doubt.
| 3 | | (g) Procedure - Jury.
| 4 | | If at the separate sentencing proceeding the jury finds | 5 | | that none of
the factors set forth in subsection (b) exists, | 6 | | the court shall sentence
the defendant to a term of | 7 | | imprisonment under Chapter V of the Unified
Code of | 8 | | Corrections. If there is a unanimous finding by the jury that
| 9 | | one or more of the factors set forth in subsection (b) exist, | 10 | | the jury
shall consider aggravating and mitigating factors as | 11 | | instructed by the
court and shall determine whether the | 12 | | sentence of death shall be
imposed. If the jury determines | 13 | | unanimously, after weighing the factors in
aggravation and | 14 | | mitigation, that death is the appropriate sentence, the court | 15 | | shall sentence the defendant to death.
If the court does not | 16 | | concur with the jury determination that death is the
| 17 | | appropriate sentence, the court shall set forth reasons in | 18 | | writing
including what facts or circumstances the court relied | 19 | | upon,
along with any relevant
documents, that compelled the | 20 | | court to non-concur with the sentence. This
document and any | 21 | | attachments shall be part of the record for appellate
review. | 22 | | The court shall be bound by the jury's sentencing | 23 | | determination.
| 24 | | If after weighing the factors in aggravation and | 25 | | mitigation, one or more
jurors determines that death is not the | 26 | | appropriate sentence,
the
court shall sentence the defendant to |
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| 1 | | a term of imprisonment under
Chapter V of the Unified Code of | 2 | | Corrections.
| 3 | | (h) Procedure - No Jury.
| 4 | | In a proceeding before the court alone, if the court finds | 5 | | that none
of the factors found in subsection (b) exists, the | 6 | | court shall sentence
the defendant to a term of imprisonment | 7 | | under Chapter V of the Unified
Code of Corrections.
| 8 | | If the Court determines that one or more of the factors set | 9 | | forth in
subsection (b) exists, the Court shall consider any | 10 | | aggravating and
mitigating factors as indicated in subsection | 11 | | (c). If the Court
determines, after weighing the factors in | 12 | | aggravation and mitigation, that
death is the appropriate | 13 | | sentence, the Court shall sentence the
defendant to death.
| 14 | | If
the court finds that death is not the
appropriate | 15 | | sentence, the
court shall sentence the defendant to a term of | 16 | | imprisonment under
Chapter V of the Unified Code of | 17 | | Corrections.
| 18 | | (h-5) Decertification as a capital case.
| 19 | | In a case in which the defendant has been found guilty of | 20 | | first degree murder
by a judge or jury, or a case on remand for | 21 | | resentencing, and the State seeks
the death penalty as an | 22 | | appropriate
sentence,
on the court's own motion or the written | 23 | | motion of the defendant, the court
may decertify the case as a | 24 | | death penalty case if the court finds that the only
evidence | 25 | | supporting the defendant's conviction is the uncorroborated | 26 | | testimony
of an informant witness, as defined in Section 115-21 |
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| 1 | | of the Code of Criminal
Procedure of 1963, concerning the | 2 | | confession or admission of the defendant or
that the sole | 3 | | evidence against the defendant is a single eyewitness or single
| 4 | | accomplice without any other corroborating evidence.
If the | 5 | | court decertifies the case as a capital case
under either of | 6 | | the grounds set forth above, the court shall issue a
written | 7 | | finding. The State may pursue its right to appeal the | 8 | | decertification
pursuant to Supreme Court Rule 604(a)(1). If | 9 | | the court does not
decertify the case as a capital case, the | 10 | | matter shall proceed to the
eligibility phase of the sentencing | 11 | | hearing.
| 12 | | (i) Appellate Procedure.
| 13 | | The conviction and sentence of death shall be subject to | 14 | | automatic
review by the Supreme Court. Such review shall be in | 15 | | accordance with
rules promulgated by the Supreme Court.
The | 16 | | Illinois Supreme Court may overturn the death sentence, and | 17 | | order the
imposition of imprisonment under Chapter V of the | 18 | | Unified Code of
Corrections if the court finds that the death | 19 | | sentence is fundamentally
unjust as applied to the particular | 20 | | case.
If the Illinois Supreme Court finds that the
death | 21 | | sentence is fundamentally unjust as applied to the particular | 22 | | case,
independent of any procedural grounds for relief, the | 23 | | Illinois Supreme Court
shall issue a written opinion explaining | 24 | | this finding.
| 25 | | (j) Disposition of reversed death sentence.
| 26 | | In the event that the death penalty in this Act is held to |
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| 1 | | be
unconstitutional by the Supreme Court of the United States | 2 | | or of the
State of Illinois, any person convicted of first | 3 | | degree murder shall be
sentenced by the court to a term of | 4 | | imprisonment under Chapter V of the
Unified Code of | 5 | | Corrections.
| 6 | | In the event that any death sentence pursuant to the | 7 | | sentencing
provisions of this Section is declared | 8 | | unconstitutional by the Supreme
Court of the United States or | 9 | | of the State of Illinois, the court having
jurisdiction over a | 10 | | person previously sentenced to death shall cause the
defendant | 11 | | to be brought before the court, and the court shall sentence
| 12 | | the defendant to a term of imprisonment under Chapter V of the
| 13 | | Unified Code of Corrections.
| 14 | | (k) Guidelines for seeking the death penalty.
| 15 | | The Attorney General and
State's Attorneys Association | 16 | | shall consult on voluntary guidelines for
procedures governing | 17 | | whether or not to seek the death penalty. The guidelines
do not
| 18 | | have the force of law and are only advisory in nature.
| 19 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)
| 20 | | Section 110. The Code of Criminal Procedure of 1963 is | 21 | | amended by changing Sections 113-3 and 119-1 as follows:
| 22 | | (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
| 23 | | Sec. 113-3.
(a) Every person charged with an offense shall | 24 | | be
allowed counsel before pleading to the charge. If the |
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| 1 | | defendant desires
counsel and has been unable to obtain same | 2 | | before arraignment the court
shall recess court or continue the | 3 | | cause for a reasonable time to permit
defendant to obtain | 4 | | counsel and consult with him before pleading to the
charge. If | 5 | | the accused is a dissolved corporation, and is not represented
| 6 | | by counsel, the court may, in the interest of justice, appoint | 7 | | as counsel a
licensed attorney of this State.
| 8 | | (b) In all cases, except where
the penalty is a fine only, | 9 | | if the
court determines that the defendant is indigent and | 10 | | desires counsel, the
Public Defender shall be appointed as | 11 | | counsel. If there is no Public
Defender in the county or if the | 12 | | defendant requests counsel other than
the Public Defender and | 13 | | the court finds that the rights of the defendant
will be | 14 | | prejudiced by the appointment of the Public Defender, the court
| 15 | | shall appoint as counsel a licensed attorney at law of this | 16 | | State,
except that in a county having a population of 2,000,000 | 17 | | or
more the
Public Defender shall be appointed as counsel in | 18 | | all misdemeanor cases
where the defendant is indigent and | 19 | | desires counsel unless the case
involves multiple defendants, | 20 | | in which case the court may appoint
counsel other than the | 21 | | Public Defender for the additional defendants.
The court shall | 22 | | require an affidavit signed by any defendant who
requests | 23 | | court-appointed counsel. Such affidavit shall be in the form
| 24 | | established by the Supreme Court containing
sufficient | 25 | | information to ascertain the assets and liabilities of that
| 26 | | defendant. The Court may direct the Clerk of the Circuit Court |
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| 1 | | to
assist the defendant in the completion of the affidavit. Any | 2 | | person who
knowingly files such affidavit containing false | 3 | | information concerning
his assets and liabilities shall be | 4 | | liable to the county where the
case, in which such false | 5 | | affidavit is filed, is pending for the
reasonable value of the | 6 | | services rendered by the public defender or
other | 7 | | court-appointed counsel in the case to the extent that such
| 8 | | services were unjustly or falsely procured.
| 9 | | (c) Upon the filing with the court of a verified statement | 10 | | of
services rendered the court shall order the county treasurer | 11 | | of the
county of trial to pay counsel other than the Public | 12 | | Defender a reasonable fee.
The court shall consider all | 13 | | relevant circumstances, including but not limited
to the time | 14 | | spent while court is in session, other time spent in | 15 | | representing
the defendant, and expenses reasonably incurred | 16 | | by counsel. In counties
with a population greater than | 17 | | 2,000,000,
the court shall order the county
treasurer of the | 18 | | county of trial to pay counsel other than the Public Defender
a | 19 | | reasonable fee stated in the order and based upon a rate of | 20 | | compensation
of not more than $40 for each hour spent while | 21 | | court is in session and
not more than $30 for each hour | 22 | | otherwise spent representing a
defendant, and such | 23 | | compensation shall not exceed $150 for each
defendant | 24 | | represented in misdemeanor cases and $1250 in felony cases, in
| 25 | | addition to expenses reasonably incurred as hereinafter in this | 26 | | Section
provided, except that, in extraordinary circumstances, |
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| 1 | | payment in excess
of the limits herein stated may be made if | 2 | | the trial court certifies
that such payment is necessary to | 3 | | provide fair compensation for
protracted representation. A | 4 | | trial court may entertain the filing of this
verified statement | 5 | | before the termination of the cause, and may order the
| 6 | | provisional payment of sums during the pendency of the cause.
| 7 | | (d) In capital cases, in addition to counsel, if the court
| 8 | | determines that the defendant is indigent the court may, upon | 9 | | the filing
with the court of a verified statement of services | 10 | | rendered, order the
county Treasurer of the county of trial to | 11 | | pay necessary expert
witnesses for defendant reasonable | 12 | | compensation stated in the order not
to exceed $250 for each | 13 | | defendant.
| 14 | | (e) If the court in any county having a population greater | 15 | | than
2,000,000 determines that the defendant is indigent the | 16 | | court
may, upon the filing with the court of a verified | 17 | | statement of such expenses,
order the county treasurer of the | 18 | | county of trial, in such counties
having a population greater | 19 | | than 2,000,000 to pay the general
expenses of the trial | 20 | | incurred by the defendant not to exceed $50 for each
defendant.
| 21 | | (f) The provisions of this Section relating to appointment | 22 | | of counsel,
compensation of counsel, and payment of expenses
in | 23 | | capital cases apply except when the compensation and expenses | 24 | | are being
provided under the Capital Crimes Litigation Act of | 25 | | 2013 .
| 26 | | (Source: P.A. 91-589, eff. 1-1-00.)
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| 1 | | (725 ILCS 5/119-1) | 2 | | Sec. 119-1. Death penalty restored abolished . | 3 | | (a) (Blank). Beginning on the effective date of this | 4 | | amendatory Act of the 96th General Assembly, notwithstanding | 5 | | any other law to the contrary, the death penalty is abolished | 6 | | and a sentence to death may not be imposed. | 7 | | (b) All unobligated and unexpended moneys remaining in the | 8 | | Capital Litigation Trust Fund on the effective date of this | 9 | | amendatory Act of the 96th General Assembly shall be | 10 | | transferred into the Death Penalty Abolition Fund on the | 11 | | effective date of this amendatory Act of the 98th General | 12 | | Assembly shall be transferred into the Capital Litigation Trust | 13 | | Fund , a special fund in the State treasury, to be expended by | 14 | | the Illinois Criminal Justice Information Authority, for | 15 | | services for families of victims of homicide or murder and for | 16 | | training of law enforcement personnel .
| 17 | | (Source: P.A. 96-1543, eff. 7-1-11 .) | 18 | | Section 115. The State Appellate Defender Act is amended by | 19 | | changing Section 10 as follows:
| 20 | | (725 ILCS 105/10) (from Ch. 38, par. 208-10)
| 21 | | Sec. 10. Powers and duties of State Appellate Defender.
| 22 | | (a) The State Appellate Defender shall represent indigent | 23 | | persons on
appeal in criminal and delinquent minor proceedings, |
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| 1 | | when appointed to do so by
a court under a Supreme Court Rule | 2 | | or law of this State.
| 3 | | (b) The State Appellate Defender shall submit a budget for | 4 | | the
approval of the State Appellate Defender Commission.
| 5 | | (c) The State Appellate Defender may:
| 6 | | (1) maintain a panel of private attorneys available to | 7 | | serve as
counsel on a case basis;
| 8 | | (2) establish programs, alone or in conjunction with | 9 | | law schools,
for the purpose of utilizing volunteer law | 10 | | students as legal assistants;
| 11 | | (3) cooperate and consult with state agencies, | 12 | | professional
associations, and other groups concerning the | 13 | | causes of criminal
conduct, the rehabilitation and | 14 | | correction of persons charged with and
convicted of crime, | 15 | | the administration of criminal justice, and, in
counties of | 16 | | less than 1,000,000 population, study, design, develop and
| 17 | | implement model systems for the delivery of trial level | 18 | | defender
services, and make an annual report to the General | 19 | | Assembly;
| 20 | | (4) hire investigators to provide investigative | 21 | | services to appointed counsel and county
public defenders;
| 22 | | (5) (Blank.)
| 23 | | (5.1) in cases in which a death sentence is an | 24 | | authorized disposition,
provide trial counsel with legal | 25 | | assistance and the assistance of expert witnesses, | 26 | | investigators,
and mitigation specialists from funds |
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| 1 | | appropriated to the State Appellate
Defender specifically | 2 | | for that
purpose by the General Assembly. The Office of | 3 | | State Appellate Defender shall
not be appointed to serve as | 4 | | trial counsel in capital cases; | 5 | | (5.5) provide training to county public defenders; | 6 | | (5.7) provide county public defenders with the | 7 | | assistance of expert witnesses and investigators from | 8 | | funds appropriated to the State Appellate Defender | 9 | | specifically for that purpose by the General Assembly. The | 10 | | Office of the State Appellate Defender shall not be | 11 | | appointed to act as trial counsel; | 12 | | (6) develop a Juvenile Defender Resource Center to:
(i) | 13 | | study, design, develop, and implement model systems for the | 14 | | delivery of trial level defender services for juveniles in | 15 | | the justice system; (ii) in cases in which a sentence of | 16 | | incarceration or an adult sentence, or both, is an | 17 | | authorized disposition, provide trial counsel with legal | 18 | | advice and the assistance of expert witnesses and | 19 | | investigators from funds appropriated to the Office of the | 20 | | State Appellate Defender by the General Assembly | 21 | | specifically for that purpose; (iii) develop and provide | 22 | | training to public defenders on juvenile justice issues, | 23 | | utilizing resources including the State and local bar | 24 | | associations, the Illinois Public Defender Association, | 25 | | law schools, the Midwest Juvenile Defender Center, and pro | 26 | | bono efforts by law firms; and
(iv) make an annual report |
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| 1 | | to the General Assembly. | 2 | | Investigators employed by the Capital Trial Assistance | 3 | | Unit and Capital Post Conviction Unit of the State Appellate | 4 | | Defender shall be authorized to
inquire
through the Illinois | 5 | | State Police or local law enforcement with the Law
Enforcement
| 6 | | Agencies Data System (LEADS) under Section 2605-375 of the | 7 | | Civil Administrative
Code of Illinois to ascertain whether | 8 | | their potential witnesses have a criminal
background, | 9 | | including: (i) warrants; (ii) arrests; (iii) convictions; and | 10 | | (iv)
officer
safety information. This authorization applies | 11 | | only to information held on the
State
level and shall be used | 12 | | only to protect the personal safety of the
investigators. Any
| 13 | | information that is obtained through this inquiry may not be | 14 | | disclosed by the
investigators. | 15 | | (c-5) For each State fiscal year, the State Appellate | 16 | | Defender shall request a direct appropriation from the Capital | 17 | | Litigation Trust Fund for expenses incurred by the State | 18 | | Appellate Defender in providing assistance to trial attorneys | 19 | | under item (c)(5) of this Section and for expenses incurred by | 20 | | the State Appellate Defender in representing petitioners in | 21 | | capital cases in post-conviction proceedings 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 and for the | 25 | | representation of those petitioners by attorneys approved by or | 26 | | contracted with the State Appellate Defender and an |
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| 1 | | appropriation to the State Treasurer for payments from the | 2 | | Trust Fund for the defense of cases in counties other than Cook | 3 | | County. The State Appellate Defender may appear before the
| 4 | | General Assembly at other times during the State's fiscal year | 5 | | to request
supplemental appropriations from the Trust Fund to | 6 | | the State Treasurer. | 7 | | (d) (Blank.)
| 8 | | (e) The requirement for reporting to the General Assembly | 9 | | shall be
satisfied
by filing copies of the report with the | 10 | | Speaker, the Minority Leader and
the Clerk of the House of | 11 | | Representatives and the President, the Minority
Leader and the | 12 | | Secretary of the Senate and the Legislative Research
Unit, as | 13 | | required by Section 3.1 of the General Assembly Organization
| 14 | | Act and filing such additional copies with the State Government | 15 | | Report
Distribution Center for
the General Assembly as is | 16 | | required under paragraph (t) of Section 7 of the
State Library | 17 | | Act.
| 18 | | (Source: P.A. 96-1148, eff. 7-21-10; 97-1003, eff. 8-17-12.)
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