Full Text of HB5410 096th General Assembly
HB5410enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Appellate Defender Act is amended by | 5 |
| changing Sections 9.1 and 10 as follows:
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| (725 ILCS 105/9.1) (from Ch. 38, par. 208-9.1)
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| Sec. 9.1. Individuals Two individuals may share one | 8 |
| attorney or staff position.
For purposes of this Section, | 9 |
| "shared position" means a position in which
2 individuals share | 10 |
| the salary and employee benefits. For purposes of seniority,
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| each individual shall receive credit at a rate equal to the | 12 |
| percentage of
time employed in a shared position. Attorneys | 13 |
| sharing a position may not
engage in the private practice of | 14 |
| law.
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| (Source: P.A. 83-771.)
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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 | 19 |
| persons on
appeal in criminal and delinquent minor proceedings, | 20 |
| when appointed to do so by
a court under a Supreme Court Rule | 21 |
| or law of this State.
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| (b) The State Appellate Defender shall submit a budget for |
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| 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 | 4 |
| serve as
counsel on a case basis;
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| (2) establish programs, alone or in conjunction with | 6 |
| law schools,
for the purpose of utilizing volunteer law | 7 |
| students as legal assistants;
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| (3) cooperate and consult with state agencies, | 9 |
| professional
associations, and other groups concerning the | 10 |
| causes of criminal
conduct, the rehabilitation and | 11 |
| correction of persons charged with and
convicted of crime, | 12 |
| the administration of criminal justice, and, in
counties of | 13 |
| less than 1,000,000 population, study, design, develop and
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| implement model systems for the delivery of trial level | 15 |
| defender
services, and make an annual report to the General | 16 |
| Assembly;
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| (4) hire investigators to provide investigative | 18 |
| services to appointed counsel and county
public defenders;
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| (5) in cases in which a death sentence is an authorized | 20 |
| disposition,
provide trial counsel with legal assistance | 21 |
| advice and the assistance of expert witnesses, | 22 |
| investigators,
and mitigation specialists from funds | 23 |
| appropriated to the State Appellate
Defender specifically | 24 |
| for that
purpose by the General Assembly. The Office of | 25 |
| State Appellate Defender shall
not be appointed to serve as | 26 |
| trial counsel in capital cases;
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| (6) develop a Juvenile Defender Resource Center to:
(i) | 2 |
| study, design, develop, and implement model systems for the | 3 |
| delivery of trial level defender services for juveniles in | 4 |
| the justice system; (ii) in cases in which a sentence of | 5 |
| incarceration or an adult sentence, or both, is an | 6 |
| authorized disposition, provide trial counsel with legal | 7 |
| advice and the assistance of expert witnesses and | 8 |
| investigators from funds appropriated to the Office of the | 9 |
| State Appellate Defender by the General Assembly | 10 |
| specifically for that purpose; (iii) develop and provide | 11 |
| training to public defenders on juvenile justice issues, | 12 |
| utilizing resources including the State and local bar | 13 |
| associations, the Illinois Public Defender Association, | 14 |
| law schools, the Midwest Juvenile Defender Center, and pro | 15 |
| bono efforts by law firms; and
(iv) make an annual report | 16 |
| to the General Assembly.
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| Investigators employed by the Capital Trial Assistance | 18 |
| Unit Death Penalty Trial Assistance and Capital Post Conviction | 19 |
| Unit Capital
Litigation Division of the State Appellate | 20 |
| Defender shall be authorized to
inquire
through the Illinois | 21 |
| State Police or local law enforcement with the Law
Enforcement
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| Agencies Data System (LEADS) under Section 2605-375 of the | 23 |
| Civil Administrative
Code of Illinois to ascertain whether | 24 |
| their potential witnesses have a criminal
background, | 25 |
| including: (i) warrants; (ii) arrests; (iii) convictions; and | 26 |
| (iv)
officer
safety information. This authorization applies |
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| only to information held on the
State
level and shall be used | 2 |
| only to protect the personal safety of the
investigators. Any
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| information that is obtained through this inquiry may not be | 4 |
| disclosed by the
investigators.
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| (d) For each State fiscal year, the State Appellate | 6 |
| Defender shall request a direct appropriation from the Capital | 7 |
| Litigation Trust Fund for expenses incurred by the State | 8 |
| Appellate Defender in providing assistance to trial attorneys | 9 |
| under item (c)(5) of this Section and for expenses incurred by | 10 |
| the State Appellate Defender in representing petitioners in | 11 |
| capital cases in post-conviction proceedings under Article 122 | 12 |
| of the Code of Criminal Procedure of 1963 and in relation to | 13 |
| petitions filed under Section 2-1401 of the Code of Civil | 14 |
| Procedure in relation to capital cases and for the | 15 |
| representation of those petitioners by attorneys approved by or | 16 |
| contracted with the State Appellate Defender and an | 17 |
| appropriation to the State Treasurer for payments from the | 18 |
| Trust Fund for the defense of cases in counties other than Cook | 19 |
| County
State Appellate Defender shall appear before the General | 20 |
| Assembly and request
appropriations to be made from the Capital | 21 |
| Litigation Trust Fund to the State
Treasurer for the purpose of | 22 |
| providing defense assistance in capital cases
outside of Cook | 23 |
| County and for expenses incurred by the State Appellate | 24 |
| Defender in representing petitioners in capital cases in | 25 |
| post-conviction proceedings under Article 122 of the Code of | 26 |
| Criminal Procedure of 1963 and in relation to petitions filed |
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| under Section 2-1401 of the Code of Civil Procedure in relation | 2 |
| to capital cases and for the representation of those | 3 |
| petitioners by attorneys approved by or contracted with the | 4 |
| State Appellate Defender . The State Appellate Defender may | 5 |
| appear before the
General Assembly at other times during the | 6 |
| State's fiscal year to request
supplemental appropriations | 7 |
| from the Trust Fund to the State Treasurer.
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| (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
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| 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.
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| (Source: P.A. 94-340, eff. 1-1-06; 95-376, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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