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Public Act 095-0376 |
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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 | ||||
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 | ||||
persons on
appeal in criminal and delinquent minor proceedings, | ||||
when appointed to do so by
a court under a Supreme Court Rule | ||||
or law of this State.
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(b) The State Appellate Defender shall submit a budget for | ||||
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 | ||||
serve as
counsel on a case basis;
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(2) establish programs, alone or in conjunction with | ||||
law schools,
for the purpose of utilizing volunteer law | ||||
students as legal assistants;
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(3) cooperate and consult with state agencies, | ||||
professional
associations, and other groups concerning the | ||||
causes of criminal
conduct, the rehabilitation and | ||||
correction of persons charged with and
convicted of crime, |
the administration of criminal justice, and, in
counties of | ||
less than 1,000,000 population, study, design, develop and
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implement model systems for the delivery of trial level | ||
defender
services, and make an annual report to the General | ||
Assembly;
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(4) hire investigators to provide investigative | ||
services to appointed counsel and county
public defenders;
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(5) in cases in which a death sentence is an authorized | ||
disposition,
provide trial counsel with legal advice 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. The Office of State Appellate | ||
Defender shall
not be appointed to serve as trial counsel | ||
in capital cases ;
.
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(6) 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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Investigators employed by the Death Penalty Trial | ||
Assistance and Capital
Litigation Division of the State | ||
Appellate Defender shall be authorized to
inquire
through the | ||
Illinois State Police or local law enforcement with the Law
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Enforcement
Agencies Data System (LEADS) under Section | ||
2605-375 of the Civil Administrative
Code of Illinois to | ||
ascertain whether their potential witnesses have a criminal
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background, including: (i) warrants; (ii) arrests; (iii) | ||
convictions; and (iv)
officer
safety information. This | ||
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 | ||
the
investigators. Any
information that is obtained through | ||
this inquiry may not be disclosed by the
investigators.
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(d) For each State fiscal year, the
State Appellate | ||
Defender shall appear before the General Assembly and request
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appropriations to be made from the Capital Litigation Trust | ||
Fund to the State
Treasurer for the purpose of providing | ||
defense assistance in capital cases
outside of Cook County and | ||
for expenses incurred by the State Appellate Defender in | ||
representing petitioners in capital cases in post-conviction | ||
proceedings under Article 122 of the Code of Criminal Procedure |
of 1963 and in relation to petitions filed under Section 2-1401 | ||
of the Code of Civil Procedure in relation to capital cases and | ||
for the representation of those petitioners by attorneys | ||
approved by or contracted with the State Appellate Defender. | ||
The State Appellate Defender may appear before the
General | ||
Assembly at other times during the State's fiscal year to | ||
request
supplemental appropriations from the Trust Fund to the | ||
State Treasurer.
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(e) The requirement for reporting to the General Assembly | ||
shall be
satisfied
by filing copies of the report with the | ||
Speaker, the Minority Leader and
the Clerk of the House of | ||
Representatives and the President, the Minority
Leader and the | ||
Secretary of the Senate and the Legislative Research
Unit, as | ||
required by Section 3.1 of the General Assembly Organization
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Act and filing such additional copies with the State Government | ||
Report
Distribution Center for
the General Assembly as is | ||
required under paragraph (t) of Section 7 of the
State Library | ||
Act.
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(Source: P.A. 93-972, eff. 8-20-04; 93-1011, eff. 1-1-05; | ||
94-340, eff. 1-1-06.)
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Section 10. The State's Attorneys Appellate Prosecutor's | ||
Act is amended by adding Section 4.11 as follows: | ||
(725 ILCS 210/4.11 new)
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Sec. 4.11. Juvenile Justice Resource Center. The Office may |
develop a Juvenile Justice Resource Center to: (i) study, | ||
design, develop, and implement model systems for the | ||
adjudication of 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 by the | ||
General Assembly specifically for that purpose; (iii) develop | ||
and provide training to assistant State's Attorneys on juvenile | ||
justice issues, and, (iv) make an annual report to the General | ||
Assembly.
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