CULLERTON. 725 ILCS 5/ 116-5 new Amends the Code of Criminal Procedure of 1963. Provides that in every case in which the death sentence was imposed before March 1, 2001 and the defendant remains under sentence of death on the effective date of this amendatory Act, the circuit court that imposed the sentence shall, upon the motion of the defendant, which must be made within 6 months from the effective date of this amendatory Act, conduct a hearing to determine whether the counsel and co-counsel who represented the defendant in the proceedings leading to the death sentence possessed the qualifications for counsel and co-counsel in the capital litigation trial bar established by Illinois Supreme Court Rule. If the circuit court determines, following a hearing, that the counsel or co-counsel for the defendant did not possess the qualifications for counsel or co-counsel, respectively, in the capital litigation trial bar or that the defendant was not represented both by a lead counsel and co-counsel, the circuit court shall enter an order vacating the sentence of death imposed upon the defendant. FEB-05-2002 S FIRST READING FEB-05-2002 S REFERRED TO SENATE RULES COMMITTEE RULES JAN-07-2003 S SESSION SINE DIE END OF INQUIRY Full Text Bill Summary