|
|
||||
| Public Act 093-1011 |
||||
| ||||
| ||||
AN ACT concerning the exercise of police powers by State | ||||
employees.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The State Appellate Defender Act is amended by | ||||
changing
Section 10 as follows:
| ||||
(725 ILCS 105/10) (from Ch. 38, par. 208-10)
| ||||
Sec. 10. Powers and duties of State Appellate Defender.
| ||||
(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.
| ||||
(b) The State Appellate Defender shall submit a budget for | ||||
the
approval of the State Appellate Defender Commission.
| ||||
(c) The State Appellate Defender may:
| ||||
(1) maintain a panel of private attorneys available to | ||||
serve as
counsel on a case basis;
| ||||
(2) establish programs, alone or in conjunction with | ||||
law schools,
for the purpose of utilizing volunteer law | ||||
students as legal assistants;
| ||||
(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
| ||||
implement model systems for the delivery of trial level | ||||
defender
services, and make an annual report to the General | ||||
Assembly;
| ||||
(4) hire investigators to provide investigative | ||||
services to appointed
counsel and county
public defenders;
| ||||
(5) in cases in which a death sentence is an authorized | ||||
disposition,
provide trial counsel with 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.
| ||
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
| ||
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
| ||
background, including: (i) warrants; (ii) arrests; (iii) | ||
convictions; and (iv)
officer
safety information. This | ||
authorization applies only to information held on the
State
| ||
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.
| ||
(d) For each State fiscal year, the
State Appellate | ||
Defender shall appear before the General Assembly and request
| ||
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. 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.
| ||
(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
| ||
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.
| ||
(Source: P.A. 91-589, eff. 1-1-00.)
| ||