Public Act 93-0127
HB0579 Enrolled LRB093 05577 MBS 05669 b
AN ACT concerning the death penalty.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Capital Crimes Litigation Act is amended
by changing Section 15 as follows:
(725 ILCS 124/15)
(Section scheduled to be repealed on July 1, 2004)
Sec. 15. Capital Litigation Trust Fund.
(a) The Capital Litigation Trust Fund is created as a
special fund in the State Treasury. The Trust Fund shall be
administered by the State Treasurer to provide moneys for the
appropriations to be made, grants to be awarded, and
compensation and expenses to be paid under this Act. All
interest earned from the investment or deposit of moneys
accumulated in the Trust Fund shall, under Section 4.1 of the
State Finance Act, be deposited into the Trust Fund.
(b) Moneys deposited into the Trust Fund shall not be
considered general revenue of the State of Illinois.
(c) Moneys deposited into the Trust Fund shall be used
exclusively for the purposes of providing funding for the
prosecution and defense of capital cases as provided in this
Act and shall not be appropriated, loaned, or in any manner
transferred to the General Revenue Fund of the State of
Illinois.
(d) Every fiscal year the State Treasurer shall transfer
from the General Revenue Fund to the Capital Litigation Trust
Fund an amount equal to the full amount of moneys
appropriated by the General Assembly (both by original and
supplemental appropriation), less any unexpended balance from
the previous fiscal year, from the Capital Litigation Trust
Fund for the specific purpose of making funding available for
the prosecution and defense of capital cases. The Public
Defender and State's Attorney in Cook County, the State
Appellate Defender, the State's Attorneys Appellate
Prosecutor, and the Attorney General shall make annual
requests for appropriations from the Trust Fund.
(1) The Public Defender in Cook County shall
request appropriations to the State Treasurer for
expenses incurred by the Public Defender and for funding
for private appointed defense counsel in Cook County.
(2) The State's Attorney in Cook County shall
request an appropriation to the State Treasurer for
expenses incurred by the State's Attorney.
(3) The State Appellate Defender shall request a
direct appropriation from the Trust Fund for expenses
incurred by the State Appellate Defender in providing
assistance to trial attorneys under item (c)(5) of
Section 10 of the State Appellate Defender Act and an
appropriation to the State Treasurer for payments from
the Trust Fund for the defense of cases in counties other
than Cook County.
(4) The State's Attorneys Appellate Prosecutor
shall request a direct appropriation from the Trust Fund
to pay expenses incurred by the State's Attorneys
Appellate Prosecutor and an appropriation to the State
Treasurer for payments from the Trust Fund for expenses
incurred by State's Attorneys in counties other than Cook
County.
(5) The Attorney General shall request a direct
appropriation from the Trust Fund to pay expenses
incurred by the Attorney General in assisting the State's
Attorneys in counties other than Cook County and to pay
for expenses incurred by the Attorney General when the
Attorney General is ordered by the presiding judge of the
Criminal Division of the Circuit Court of Cook County to
prosecute or supervise the prosecution of Cook County
cases.
The Public Defender and State's Attorney in Cook County,
the State Appellate Defender, the State's Attorneys Appellate
Prosecutor, and the Attorney General may each request
supplemental appropriations from the Trust Fund during the
fiscal year.
(e) Moneys in the Trust Fund shall be expended only as
follows:
(1) To pay the State Treasurer's costs to
administer the Trust Fund. The amount for this purpose
may not exceed 5% in any one fiscal year of the amount
otherwise appropriated from the Trust Fund in the same
fiscal year.
(2) To pay the capital litigation expenses of trial
defense including, but not limited to, investigatory and
other assistance, expert, forensic, and other witnesses,
and mitigation specialists, and grants and aid provided
to public defenders or assistance to attorneys who have
been appointed by the court to represent defendants who
are charged with capital crimes.
(3) To pay the compensation of trial attorneys,
other than public defenders, who have been appointed by
the court to represent defendants who are charged with
capital crimes.
(4) To provide State's Attorneys with funding for
capital litigation expenses including, but not limited
to, investigatory and other assistance and expert,
forensic, and other witnesses necessary to prosecute
capital cases. State's Attorneys in any county other
than Cook County seeking funding for capital litigation
expenses including, but not limited to, investigatory and
other assistance and expert, forensic, or other witnesses
under this Section may request that the State's Attorneys
Appellate Prosecutor or the Attorney General, as the case
may be, certify the expenses as reasonable, necessary,
and appropriate for payment from the Trust Fund, on a
form created by the State Treasurer. Upon certification
of the expenses and delivery of the certification to the
State Treasurer, the Treasurer shall pay the expenses
directly from the Capital Litigation Trust Fund if there
are sufficient moneys in the Trust Fund to pay the
expenses.
(5) To provide financial support through the
Attorney General pursuant to the Attorney General Act for
the several county State's Attorneys outside of Cook
County, but shall not be used to increase personnel for
the Attorney General's Office, except when the Attorney
General is ordered by the presiding judge of the Criminal
Division of the Circuit Court of Cook County to prosecute
or supervise the prosecution of Cook County cases.
(6) To provide financial support through the
State's Attorneys Appellate Prosecutor pursuant to the
State's Attorneys Appellate Prosecutor's Act for the
several county State's Attorneys outside of Cook County,
but shall not be used to increase personnel for the
State's Attorneys Appellate Prosecutor.
(7) To provide financial support to the State
Appellate Defender pursuant to the State Appellate
Defender Act.
Moneys expended from the Trust Fund shall be in addition
to county funding for Public Defenders and State's Attorneys,
and shall not be used to supplant or reduce ordinary and
customary county funding.
(f) Moneys in the Trust Fund shall be appropriated to
the State Appellate Defender, the State's Attorneys Appellate
Prosecutor, the Attorney General, and the State Treasurer.
The State Appellate Defender shall receive an appropriation
from the Trust Fund to enable it to provide assistance to
appointed defense counsel throughout the State and to Public
Defenders in counties other than Cook. The State's Attorneys
Appellate Prosecutor and the Attorney General shall receive
appropriations from the Trust Fund to enable them to provide
assistance to State's Attorneys in counties other than Cook
County and when the Attorney General is ordered by the
presiding judge of the Criminal Division of the Circuit Court
of Cook County to prosecute or supervise the prosecution of
Cook County cases. Moneys shall be appropriated to the State
Treasurer to enable the Treasurer (i) to make grants to Cook
County, (ii) to pay the expenses of Public Defenders and
State's Attorneys in counties other than Cook County, (iii)
to pay the expenses and compensation of appointed defense
counsel in counties other than Cook County, and (iv) to pay
the costs of administering the Trust Fund. All expenditures
and grants made from the Trust Fund shall be subject to audit
by the Auditor General.
(g) For Cook County, grants from the Trust Fund shall be
made and administered as follows:
(1) For each State fiscal year, the State's
Attorney and Public Defender must each make a separate
application to the State Treasurer for capital litigation
grants.
(2) The State Treasurer shall establish rules and
procedures for grant applications. The rules shall
require the Cook County Treasurer as the grant recipient
to report on a periodic basis to the State Treasurer how
much of the grant has been expended, how much of the
grant is remaining, and the purposes for which the grant
has been used. The rules may also require the Cook
County Treasurer to certify on a periodic basis that
expenditures of the funds have been made for expenses
that are reasonable, necessary, and appropriate for
payment from the Trust Fund.
(3) The State Treasurer shall make the grants to
the Cook County Treasurer as soon as possible after the
beginning of the State fiscal year.
(4) The State's Attorney or Public Defender may
apply for supplemental grants during the fiscal year.
(5) Grant moneys shall be paid to the Cook County
Treasurer in block grants and held in separate accounts
for the State's Attorney, the Public Defender, and court
appointed defense counsel other than the Cook County
Public Defender, respectively, for the designated fiscal
year, and are not subject to county appropriation.
(6) Expenditure of grant moneys under this
subsection (g) is subject to audit by the Auditor
General.
(7) The Cook County Treasurer shall immediately
make payment from the appropriate separate account in the
county treasury for capital litigation expenses to the
State's Attorney, Public Defender, or court appointed
defense counsel other than the Public Defender, as the
case may be, upon order of the State's Attorney, Public
Defender or the court, respectively.
(h) If a defendant in a capital case in Cook County is
represented by court appointed counsel other than the Cook
County Public Defender, the appointed counsel shall petition
the court for an order directing the Cook County Treasurer to
pay the court appointed counsel's reasonable and necessary
compensation and capital litigation expenses from grant
moneys provided from the Trust Fund. These petitions shall be
considered in camera. Orders denying petitions for
compensation or expenses are final. Counsel may not petition
for expenses that may have been provided or compensated by
the State Appellate Defender under item (c)(5) of Section 10
of the State Appellate Defender Act.
(i) In counties other than Cook County, and when the
Attorney General is ordered by the presiding judge of the
Criminal Division of the Circuit Court of Cook County to
prosecute or supervise the prosecution of Cook County cases,
and excluding capital litigation expenses or services that
may have been provided by the State Appellate Defender under
item (c)(5) of Section 10 of the State Appellate Defender
Act:
(1) Upon certification by the circuit court, on a
form created by the State Treasurer, that all or a
portion of the expenses are reasonable, necessary, and
appropriate for payment from the Trust Fund and the
court's delivery of the certification to the Treasurer,
the Treasurer shall pay the certified expenses of Public
Defenders from the money appropriated to the Treasurer
for capital litigation expenses of Public Defenders in
any county other than Cook County, if there are
sufficient moneys in the Trust Fund to pay the expenses.
(2) If a defendant in a capital case is represented
by court appointed counsel other than the Public
Defender, the appointed counsel shall petition the court
to certify compensation and capital litigation expenses
including, but not limited to, investigatory and other
assistance, expert, forensic, and other witnesses, and
mitigation specialists as reasonable, necessary, and
appropriate for payment from the Trust Fund. Upon
certification on a form created by the State Treasurer of
all or a portion of the compensation and expenses
certified as reasonable, necessary, and appropriate for
payment from the Trust Fund and the court's delivery of
the certification to the Treasurer, the State Treasurer
shall pay the certified compensation and expenses from
the money appropriated to the Treasurer for that purpose,
if there are sufficient moneys in the Trust Fund to make
those payments.
(3) A petition for capital litigation expenses
under this subsection shall be considered in camera.
Orders denying petitions for compensation or expenses are
final.
(j) If the Trust Fund is discontinued or dissolved by an
Act of the General Assembly or by operation of law, any
balance remaining in the Trust Fund shall be returned to the
General Revenue Fund after deduction of administrative costs,
any other provision of this Act to the contrary
notwithstanding.
(Source: P.A. 91-589, eff. 1-1-00.)