98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4618

Introduced , by Rep. John D. Cavaletto

SYNOPSIS AS INTRODUCED:

`New Act`
`5 ILCS 140/7.5`
`720 ILCS 5/9-1`	`from Ch. 38, par. 9-1`
`725 ILCS 5/113-3`	`from Ch. 38, par. 113-3`
`725 ILCS 5/119-1`
`725 ILCS 105/10`	`from Ch. 38, par. 208-10`

Reinstates the death penalty for certain types of murder. Enacts the Capital Crimes Litigation Act of 2014. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the Criminal Code of 2012 relating to first degree murder. Provides a factor in aggravation for imposition of the death penalty for a murder committed with exceptionally brutal or heinous behavior indicative of wanton cruelty (rather than this type of murder must be of a victim under 12 years of age or victim 60 years of age or older). Amends the Code of Criminal Procedure of 1963. Eliminates provision that abolishes the sentence of death. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized

disposition,
the State Appellate Defender shall provide trial counsel with

legal assistance 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. Provides

that the Office of State Appellate Defender shall
not be appointed to serve

as trial counsel in capital cases.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the

5 Capital Crimes Litigation Act of 2014.

6 Section 5. Appointment of trial counsel in death penalty

7 cases. If an indigent defendant is charged with an offense for

8 which a sentence of death is authorized, and the State's

9 Attorney has not, at or before arraignment, filed a certificate

10 indicating he or she will not seek the death penalty or stated

11 on the record in open court that the death penalty will not be

12 sought, the trial court shall immediately appoint the Public

13 Defender, or such other qualified attorney or attorneys as the

14 Illinois Supreme Court shall by rule provide, to represent the

15 defendant as trial counsel. If the Public Defender is

16 appointed, he or she shall immediately assign such attorney or

17 attorneys who are public defenders to represent the defendant.

18 The counsel shall meet the qualifications as the Supreme Court

19 shall by rule provide. At the request of court appointed

20 counsel in a case in which the death penalty is sought,

21 attorneys employed by the State Appellate Defender may enter an

22 appearance for the limited purpose of assisting counsel

23 appointed under this Section.

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1 Section 10. Court appointed trial counsel; compensation

2 and expenses.

3 (a) This Section applies only to compensation and expenses

4 of trial counsel appointed by the court as set forth in Section

5 5, other than public defenders, for the period after

6 arraignment and so long as the State's Attorney has not, at any

7 time, filed a certificate indicating he or she will not seek

8 the death penalty or stated on the record in open court that

9 the death penalty will not be sought.

10 (a-5) Litigation budget.

11 (1) In a case in which the State has filed a statement

12 of intent to seek the death penalty, the court shall

13 require appointed counsel, including those appointed in

14 Cook County, after counsel has had adequate time to review

15 the case and prior to engaging trial assistance, to submit

16 a proposed estimated litigation budget for court approval,

17 that will be subject to modification in light of facts and

18 developments that emerge as the case proceeds. Case budgets

19 should be submitted ex parte and filed and maintained under

20 seal in order to protect the defendant's right to effective

21 assistance of counsel, right not to incriminate him or

22 herself and all applicable privileges. Case budgets shall

23 be reviewed and approved by the judge assigned to try the

24 case. As provided under subsection (c) of this Section,

25 petitions for compensation shall be reviewed by both the

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1 trial judge and the presiding judge or the presiding

2 judge's designee.

3 (2) The litigation budget shall serve purposes

4 comparable to those of private retainer agreements by

5 confirming both the court's and the attorney's

6 expectations regarding fees and expenses. Consideration

7 should be given to employing an ex parte pretrial

8 conference in order to facilitate reaching agreement on a

9 litigation budget at the earliest opportunity.

10 (3) The budget shall be incorporated into a sealed

11 initial pretrial order that reflects the understandings of

12 the court and counsel regarding all matters affecting

13 counsel compensation and reimbursement and payments for

14 investigative, expert and other services, including but

15 not limited to the following matters:

16 (A) The hourly rate at which counsel will be

17 compensated;

18 (B) The hourly rate at which private

19 investigators, other than investigators employed by

20 the Office of the State Appellate Defender, will be

21 compensated; and

22 (C) The best preliminary estimate that can be made

23 of the cost of all services, including, but not limited

24 to, counsel, expert, and investigative services, that

25 are likely to be needed through the guilt and penalty

26 phases of the trial. The court shall have discretion to

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1 require that budgets be prepared for shorter intervals

2 of time.

3 (4) Appointed counsel may obtain, subject to later

4 review, investigative, expert or other services without

5 prior authorization if necessary for an adequate defense.

6 If such services are obtained, the presiding judge or the

7 presiding judge's designee shall consider in an ex parte

8 proceeding that timely procurement of necessary services

9 could not await prior authorization. If an ex parte hearing

10 is requested by defense counsel or deemed necessary by the

11 trial judge prior to modifying a budget, the ex parte

12 hearing shall be before the presiding judge or the

13 presiding judge's designee. The judge may then authorize

14 such services nunc pro tunc. If the presiding judge or the

15 presiding judge's designee finds that the services were not

16 reasonable, payment may be denied.

17 (5) An approved budget shall guide counsel's use of

18 time and resources by indicating the services for which

19 compensation is authorized. The case budget shall be

20 re-evaluated when justified by changed or unexpected

21 circumstances and shall be modified by the court when

22 reasonable and necessary for an adequate defense. If an ex

23 parte hearing is requested by defense counsel or deemed

24 necessary by the trial judge prior to modifying a budget,

25 the ex parte hearing shall be before the presiding judge or

26 the presiding judge's designee.

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1 (b) Appointed trial counsel shall be compensated upon

2 presentment and certification by the circuit court of a claim

3 for services detailing the date, activity, and time duration

4 for which compensation is sought. Compensation for appointed

5 trial counsel may be paid at a reasonable rate not to exceed

6 $125 per hour. The court shall not authorize payment of bills

7 that are not properly itemized. A request for payment shall be

8 presented under seal and reviewed ex parte with a court

9 reporter present. Every January 20, the statutory rate

10 prescribed in this subsection shall be automatically increased

11 or decreased, as applicable, by a percentage equal to the

12 percentage change in the consumer price index-u during the

13 preceding 12-month calendar year. "Consumer price index-u"

14 means the index published by the Bureau of Labor Statistics of

15 the United States Department of Labor that measures the average

16 change in prices of goods and services purchased by all urban

17 consumers, United States city average, all items, 1982-84=100.

18 The new rate resulting from each annual adjustment shall be

19 determined by the State Treasurer and made available to the

20 chief judge of each judicial circuit.

21 (c) Appointed trial counsel may also petition the court for

22 certification of expenses for reasonable and necessary capital

23 litigation expenses including, but not limited to,

24 investigatory and other assistance, expert, forensic, and

25 other witnesses, and mitigation specialists. Each provider of

26 proposed services must specify the best preliminary estimate

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1 that can be made in light of information received in the case

2 at that point, and the provider must sign this estimate under

3 the provisions of Section 1-109 of the Code of Civil Procedure.

4 A provider of proposed services must also specify (1) his or

5 her hourly rate; (2) the hourly rate of anyone else in his or

6 her employ for whom reimbursement is sought; and (3) the hourly

7 rate of any person or entity that may be subcontracted to

8 perform these services. Counsel may not petition for

9 certification of expenses that may have been provided or

10 compensated by the State Appellate Defender under item (c)(5.1)

11 of Section 10 of the State Appellate Defender Act. The

12 petitions shall be filed under seal and considered ex parte but

13 with a court reporter present for all ex parte conferences. If

14 the requests are submitted after services have been rendered,

15 the requests shall be supported by an invoice describing the

16 services rendered, the dates the services were performed and

17 the amount of time spent. These petitions shall be reviewed by

18 both the trial judge and the presiding judge of the circuit

19 court or the presiding judge's designee. The petitions and

20 orders shall be kept under seal and shall be exempt from

21 Freedom of Information requests until the conclusion of the

22 trial, even if the prosecution chooses not to pursue the death

23 penalty prior to trial or sentencing. If an ex parte hearing is

24 requested by defense counsel or deemed necessary by the trial

25 judge, the hearing shall be before the presiding judge or the

26 presiding judge's designee.

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1 (d) Appointed trial counsel shall petition the court for

2 certification of compensation and expenses under this Section

3 periodically during the course of counsel's representation.

4 The petitions shall be supported by itemized bills showing the

5 date, the amount of time spent, the work done and the total

6 being charged for each entry. The court shall not authorize

7 payment of bills that are not properly itemized. The court must

8 certify reasonable and necessary expenses of the petitioner for

9 travel and per diem (lodging, meals, and incidental expenses).

10 These expenses must be paid at the rate as promulgated by the

11 United States General Services Administration for these

12 expenses for the date and location in which they were incurred,

13 unless extraordinary reasons are shown for the difference. The

14 petitions shall be filed under seal and considered ex parte but

15 with a court reporter present for all ex parte conferences. The

16 petitions shall be reviewed by both the trial judge and the

17 presiding judge of the circuit court or the presiding judge's

18 designee. If an ex parte hearing is requested by defense

19 counsel or deemed necessary by the trial judge, the ex parte

20 hearing shall be before the presiding judge or the presiding

21 judge's designee. If the court determines that the compensation

22 and expenses should be paid from the Capital Litigation Trust

23 Fund, the court shall certify, on a form created by the State

24 Treasurer, that all or a designated portion of the amount

25 requested is reasonable, necessary, and appropriate for

26 payment from the Trust Fund. The form must also be signed by

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1 lead trial counsel under the provisions of Section 1-109 of the

2 Code of Civil Procedure verifying that the amount requested is

3 reasonable, necessary, and appropriate. Bills submitted for

4 payment by any individual or entity seeking payment from the

5 Capital Litigation Trust Fund must also be accompanied by a

6 form created by the State Treasurer and signed by the

7 individual or responsible agent of the entity under the

8 provisions of Section 1-109 of the Code of Civil Procedure that

9 the amount requested is accurate and truthful and reflects time

10 spent or expenses incurred. Certification of compensation and

11 expenses by a court in any county other than Cook County shall

12 be delivered by the court to the State Treasurer and must be

13 paid by the State Treasurer directly from the Capital

14 Litigation Trust Fund if there are sufficient moneys in the

15 Trust Fund to pay the compensation and expenses. If the State

16 Treasurer finds within 14 days of his or her receipt of a

17 certification that the compensation and expenses to be paid are

18 unreasonable, unnecessary, or inappropriate, he or she may

19 return the certification to the court setting forth in detail

20 the objection or objections with a request for the court to

21 review the objection or objections before resubmitting the

22 certification. The State Treasurer must send the claimant a

23 copy of the objection or objections. The State Treasurer may

24 only seek a review of a specific objection once. The claimant

25 has 7 days from his or her receipt of the objections to file a

26 response with the court. With or without further hearing, the

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1 court must promptly rule on the objections. The petitions and

2 orders shall be kept under seal and shall be exempt from

3 Freedom of Information requests until the conclusion of the

4 trial and appeal of the case, even if the prosecution chooses

5 not to pursue the death penalty prior to trial or sentencing.

6 Certification of compensation and expenses by a court in Cook

7 County shall be delivered by the court to the county treasurer

8 and paid by the county treasurer from moneys granted to the

9 county from the Capital Litigation Trust Fund.

10 Section 15. Capital Litigation Trust Fund.

11 (a) The Capital Litigation Trust Fund is created as a

12 special fund in the State Treasury. The Trust Fund shall be

13 administered by the State Treasurer to provide moneys for the

14 appropriations to be made, grants to be awarded, and

15 compensation and expenses to be paid under this Act. All

16 interest earned from the investment or deposit of moneys

17 accumulated in the Trust Fund shall, under Section 4.1 of the

18 State Finance Act, be deposited into the Trust Fund.

19 (b) Moneys deposited into the Trust Fund shall not be

20 considered general revenue of the State of Illinois.

21 (c) Moneys deposited into the Trust Fund shall be used

22 exclusively for the purposes of providing funding for the

23 prosecution and defense of capital cases and for providing

24 funding for post-conviction proceedings in capital cases under

25 Article 122 of the Code of Criminal Procedure of 1963 and in

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1 relation to petitions filed under Section 2-1401 of the Code of

2 Civil Procedure in relation to capital cases as provided in

3 this Act and shall not be appropriated, loaned, or in any

4 manner transferred to the General Revenue Fund of the State of

5 Illinois.

6 (d) Every fiscal year the State Treasurer shall transfer

7 from the General Revenue Fund to the Capital Litigation Trust

8 Fund an amount equal to the full amount of moneys appropriated

9 by the General Assembly (both by original and supplemental

10 appropriation), less any unexpended balance from the previous

11 fiscal year, from the Capital Litigation Trust Fund for the

12 specific purpose of making funding available for the

13 prosecution and defense of capital cases and for the litigation

14 expenses associated with post-conviction proceedings in

15 capital cases under Article 122 of the Code of Criminal

16 Procedure of 1963 and in relation to petitions filed under

17 Section 2-1401 of the Code of Civil Procedure in relation to

18 capital cases. The Public Defender and State's Attorney in Cook

19 County, the State Appellate Defender, the State's Attorneys

20 Appellate Prosecutor, and the Attorney General shall make

21 annual requests for appropriations from the Trust Fund.

22 (1) The Public Defender in Cook County shall request

23 appropriations to the State Treasurer for expenses

24 incurred by the Public Defender and for funding for private

25 appointed defense counsel in Cook County.

26 (2) The State's Attorney in Cook County shall request

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1 an appropriation to the State Treasurer for expenses

2 incurred by the State's Attorney.

3 (3) The State Appellate Defender shall request a direct

4 appropriation from the Trust Fund for expenses incurred by

5 the State Appellate Defender in providing assistance to

6 trial attorneys under item (c)(5.1) of Section 10 of the

7 State Appellate Defender Act and for expenses incurred by

8 the State Appellate Defender in representing petitioners

9 in capital cases in post-conviction proceedings under

10 Article 122 of the Code of Criminal Procedure of 1963 and

11 in relation to petitions filed under Section 2-1401 of the

12 Code of Civil Procedure in relation to capital cases and

13 for the representation of those petitioners by attorneys

14 approved by or contracted with the State Appellate Defender

15 and an appropriation to the State Treasurer for payments

16 from the Trust Fund for the defense of cases in counties

17 other than Cook County.

18 (4) The State's Attorneys Appellate Prosecutor shall

19 request a direct appropriation from the Trust Fund to pay

20 expenses incurred by the State's Attorneys Appellate

21 Prosecutor and an appropriation to the State Treasurer for

22 payments from the Trust Fund for expenses incurred by

23 State's Attorneys in counties other than Cook County.

24 (5) The Attorney General shall request a direct

25 appropriation from the Trust Fund to pay expenses incurred

26 by the Attorney General in assisting the State's Attorneys

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1 in counties other than Cook County and to pay for expenses

2 incurred by the Attorney General when the Attorney General

3 is ordered by the presiding judge of the Criminal Division

4 of the Circuit Court of Cook County to prosecute or

5 supervise the prosecution of Cook County cases and for

6 expenses incurred by the Attorney General in representing

7 the State in post-conviction proceedings in capital cases

8 under Article 122 of the Code of Criminal Procedure of 1963

9 and in relation to petitions filed under Section 2-1401 of

10 the Code of Civil Procedure in relation to capital cases.

11 The Public Defender and State's Attorney in Cook County,

12 the State Appellate Defender, the State's Attorneys

13 Appellate Prosecutor, and the Attorney General may each

14 request supplemental appropriations from the Trust Fund

15 during the fiscal year.

16 (e) Moneys in the Trust Fund shall be expended only as

17 follows:

18 (1) To pay the State Treasurer's costs to administer

19 the Trust Fund. The amount for this purpose may not exceed

20 5% in any one fiscal year of the amount otherwise

21 appropriated from the Trust Fund in the same fiscal year.

22 (2) To pay the capital litigation expenses of trial

23 defense and post-conviction proceedings in capital cases

24 under Article 122 of the Code of Criminal Procedure of 1963

25 and in relation to petitions filed under Section 2-1401 of

26 the Code of Civil Procedure in relation to capital cases

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1 including, but not limited to, DNA testing, including DNA

2 testing under Section 116-3 of the Code of Criminal

3 Procedure of 1963, analysis, and expert testimony,

4 investigatory and other assistance, expert, forensic, and

5 other witnesses, and mitigation specialists, and grants

6 and aid provided to public defenders, appellate defenders,

7 and any attorney approved by or contracted with the State

8 Appellate Defender representing petitioners in

9 post-conviction proceedings in capital cases under Article

10 122 of the Code of Criminal Procedure of 1963 and in

11 relation to petitions filed under Section 2-1401 of the

12 Code of Civil Procedure in relation to capital cases or

13 assistance to attorneys who have been appointed by the

14 court to represent defendants who are charged with capital

15 crimes. Reasonable and necessary capital litigation

16 expenses include travel and per diem (lodging, meals, and

17 incidental expenses).

18 (3) To pay the compensation of trial attorneys, other

19 than public defenders or appellate defenders, who have been

20 appointed by the court to represent defendants who are

21 charged with capital crimes or attorneys approved by or

22 contracted with the State Appellate Defender to represent

23 petitioners in post-conviction proceedings in capital

24 cases under Article 122 of the Code of Criminal Procedure

25 of 1963 and in relation to petitions filed under Section

26 2-1401 of the Code of Civil Procedure in relation to

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1 capital cases.

2 (4) To provide State's Attorneys with funding for

3 capital litigation expenses and for expenses of

4 representing the State in post-conviction proceedings in

5 capital cases under Article 122 of the Code of Criminal

6 Procedure of 1963 and in relation to petitions filed under

7 Section 2-1401 of the Code of Civil Procedure in relation

8 to capital cases including, but not limited to,

9 investigatory and other assistance and expert, forensic,

10 and other witnesses necessary to prosecute capital cases.

11 State's Attorneys in any county other than Cook County

12 seeking funding for capital litigation expenses and for

13 expenses of representing the State in post-conviction

14 proceedings in capital cases under Article 122 of the Code

15 of Criminal Procedure of 1963 and in relation to petitions

16 filed under Section 2-1401 of the Code of Civil Procedure

17 in relation to capital cases including, but not limited to,

18 investigatory and other assistance and expert, forensic,

19 or other witnesses under this Section may request that the

20 State's Attorneys Appellate Prosecutor or the Attorney

21 General, as the case may be, certify the expenses as

22 reasonable, necessary, and appropriate for payment from

23 the Trust Fund, on a form created by the State Treasurer.

24 Upon certification of the expenses and delivery of the

25 certification to the State Treasurer, the Treasurer shall

26 pay the expenses directly from the Capital Litigation Trust

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1 Fund if there are sufficient moneys in the Trust Fund to

2 pay the expenses.

3 (5) To provide financial support through the Attorney

4 General pursuant to the Attorney General Act for the

5 several county State's Attorneys outside of Cook County,

6 but shall not be used to increase personnel for the

7 Attorney General's Office, except when the Attorney

8 General is ordered by the presiding judge of the Criminal

9 Division of the Circuit Court of Cook County to prosecute

10 or supervise the prosecution of Cook County cases.

11 (6) To provide financial support through the State's

12 Attorneys Appellate Prosecutor pursuant to the State's

13 Attorneys Appellate Prosecutor's Act for the several

14 county State's Attorneys outside of Cook County, but shall

15 not be used to increase personnel for the State's Attorneys

16 Appellate Prosecutor.

17 (7) To provide financial support to the State Appellate

18 Defender pursuant to the State Appellate Defender Act.

19 Moneys expended from the Trust Fund shall be in addition to

20 county funding for Public Defenders and State's Attorneys,

21 and shall not be used to supplant or reduce ordinary and

22 customary county funding.

23 (f) Moneys in the Trust Fund shall be appropriated to the

24 State Appellate Defender, the State's Attorneys Appellate

25 Prosecutor, the Attorney General, and the State Treasurer. The

26 State Appellate Defender shall receive an appropriation from

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1 the Trust Fund to enable it to provide assistance to appointed

2 defense counsel and attorneys approved by or contracted with

3 the State Appellate Defender to represent petitioners in

4 post-conviction proceedings in capital cases under Article 122

5 of the Code of Criminal Procedure of 1963 and in relation to

6 petitions filed under Section 2-1401 of the Code of Civil

7 Procedure in relation to capital cases throughout the State and

8 to Public Defenders in counties other than Cook. The State's

9 Attorneys Appellate Prosecutor and the Attorney General shall

10 receive appropriations from the Trust Fund to enable them to

11 provide assistance to State's Attorneys in counties other than

12 Cook County and when the Attorney General is ordered by the

13 presiding judge of the Criminal Division of the Circuit Court

14 of Cook County to prosecute or supervise the prosecution of

15 Cook County cases. Moneys shall be appropriated to the State

16 Treasurer to enable the Treasurer (i) to make grants to Cook

17 County, (ii) to pay the expenses of Public Defenders, the State

18 Appellate Defender, the Attorney General, the Office of the

19 State's Attorneys Appellate Prosecutor, and State's Attorneys

20 in counties other than Cook County, (iii) to pay the expenses

21 and compensation of appointed defense counsel and attorneys

22 approved by or contracted with the State Appellate Defender to

23 represent petitioners in post-conviction proceedings in

24 capital cases under Article 122 of the Code of Criminal

25 Procedure of 1963 and in relation to petitions filed under

26 Section 2-1401 of the Code of Civil Procedure in relation to

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1 capital cases in counties other than Cook County, and (iv) to

2 pay the costs of administering the Trust Fund. All expenditures

3 and grants made from the Trust Fund shall be subject to audit

4 by the Auditor General.

5 (g) For Cook County, grants from the Trust Fund shall be

6 made and administered as follows:

7 (1) For each State fiscal year, the State's Attorney

8 and Public Defender must each make a separate application

9 to the State Treasurer for capital litigation grants.

10 (2) The State Treasurer shall establish rules and

11 procedures for grant applications. The rules shall require

12 the Cook County Treasurer as the grant recipient to report

13 on a periodic basis to the State Treasurer how much of the

14 grant has been expended, how much of the grant is

15 remaining, and the purposes for which the grant has been

16 used. The rules may also require the Cook County Treasurer

17 to certify on a periodic basis that expenditures of the

18 funds have been made for expenses that are reasonable,

19 necessary, and appropriate for payment from the Trust Fund.

20 (3) The State Treasurer shall make the grants to the

21 Cook County Treasurer as soon as possible after the

22 beginning of the State fiscal year.

23 (4) The State's Attorney or Public Defender may apply

24 for supplemental grants during the fiscal year.

25 (5) Grant moneys shall be paid to the Cook County

26 Treasurer in block grants and held in separate accounts for

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1 the State's Attorney, the Public Defender, and court

2 appointed defense counsel other than the Cook County Public

3 Defender, respectively, for the designated fiscal year,

4 and are not subject to county appropriation.

5 (6) Expenditure of grant moneys under this subsection

6 (g) is subject to audit by the Auditor General.

7 (7) The Cook County Treasurer shall immediately make

8 payment from the appropriate separate account in the county

9 treasury for capital litigation expenses to the State's

10 Attorney, Public Defender, or court appointed defense

11 counsel other than the Public Defender, as the case may be,

12 upon order of the State's Attorney, Public Defender or the

13 court, respectively.

14 (h) If a defendant in a capital case in Cook County is

15 represented by court appointed counsel other than the Cook

16 County Public Defender, the appointed counsel shall petition

17 the court for an order directing the Cook County Treasurer to

18 pay the court appointed counsel's reasonable and necessary

19 compensation and capital litigation expenses from grant moneys

20 provided from the Trust Fund. The petitions shall be supported

21 by itemized bills showing the date, the amount of time spent,

22 the work done and the total being charged for each entry. The

23 court shall not authorize payment of bills that are not

24 properly itemized. The petitions shall be filed under seal and

25 considered ex parte but with a court reporter present for all

26 ex parte conferences. The petitions shall be reviewed by both

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1 the trial judge and the presiding judge of the circuit court or

2 the presiding judge's designee. The petitions and orders shall

3 be kept under seal and shall be exempt from Freedom of

4 Information requests until the conclusion of the trial and

5 appeal of the case, even if the prosecution chooses not to

6 pursue the death penalty prior to trial or sentencing. Orders

7 denying petitions for compensation or expenses are final.

8 Counsel may not petition for expenses that may have been

9 provided or compensated by the State Appellate Defender under

10 item (c)(5.1) of Section 10 of the State Appellate Defender

11 Act.

12 (i) In counties other than Cook County, and when the

13 Attorney General is ordered by the presiding judge of the

14 Criminal Division of the Circuit Court of Cook County to

15 prosecute or supervise the prosecution of Cook County cases,

16 and excluding capital litigation expenses or services that may

17 have been provided by the State Appellate Defender under item

18 (c)(5.1) of Section 10 of the State Appellate Defender Act:

19 (1) Upon certification by the circuit court, on a form

20 created by the State Treasurer, that all or a portion of

21 the expenses are reasonable, necessary, and appropriate

22 for payment from the Trust Fund and the court's delivery of

23 the certification to the Treasurer, the Treasurer shall pay

24 the certified expenses of Public Defenders and the State

25 Appellate Defender from the money appropriated to the

26 Treasurer for capital litigation expenses of Public

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1 Defenders and post-conviction proceeding expenses in

2 capital cases of the State Appellate Defender and expenses

3 in relation to petitions filed under Section 2-1401 of the

4 Code of Civil Procedure in relation to capital cases in any

5 county other than Cook County, if there are sufficient

6 moneys in the Trust Fund to pay the expenses.

7 (2) If a defendant in a capital case is represented by

8 court appointed counsel other than the Public Defender, the

9 appointed counsel shall petition the court to certify

10 compensation and capital litigation expenses including,

11 but not limited to, investigatory and other assistance,

12 expert, forensic, and other witnesses, and mitigation

13 specialists as reasonable, necessary, and appropriate for

14 payment from the Trust Fund. If a petitioner in a capital

15 case who has filed a petition for post-conviction relief

16 under Article 122 of the Code of Criminal Procedure of 1963

17 or a petition under Section 2-1401 of the Code of Civil

18 Procedure in relation to capital cases is represented by an

19 attorney approved by or contracted with the State Appellate

20 Defender other than the State Appellate Defender, that

21 attorney shall petition the court to certify compensation

22 and litigation expenses of post-conviction proceedings

23 under Article 122 of the Code of Criminal Procedure of 1963

24 or in relation to petitions filed under Section 2-1401 of

25 the Code of Civil Procedure in relation to capital cases.

26 Upon certification on a form created by the State Treasurer

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1 of all or a portion of the compensation and expenses

2 certified as reasonable, necessary, and appropriate for

3 payment from the Trust Fund and the court's delivery of the

4 certification to the Treasurer, the State Treasurer shall

5 pay the certified compensation and expenses from the money

6 appropriated to the Treasurer for that purpose, if there

7 are sufficient moneys in the Trust Fund to make those

8 payments.

9 (3) A petition for capital litigation expenses or

10 post-conviction proceeding expenses or expenses incurred

11 in filing a petition under Section 2-1401 of the Code of

12 Civil Procedure in relation to capital cases under this

13 subsection shall be considered under seal and reviewed ex

14 parte with a court reporter present. Orders denying

15 petitions for compensation or expenses are final.

16 (j) If the Trust Fund is discontinued or dissolved by an

17 Act of the General Assembly or by operation of law, any balance

18 remaining in the Trust Fund shall be returned to the General

19 Revenue Fund after deduction of administrative costs, any other

20 provision of this Act to the contrary notwithstanding.

21 Section 100. The Freedom of Information Act is amended by

22 changing Section 7.5 as follows:

23 (5 ILCS 140/7.5)

24 Sec. 7.5. Statutory Exemptions. To the extent provided for

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1 by the statutes referenced below, the following shall be exempt

2 from inspection and copying:

3 (a) All information determined to be confidential under

4 Section 4002 of the Technology Advancement and Development Act.

5 (b) Library circulation and order records identifying

6 library users with specific materials under the Library Records

7 Confidentiality Act.

8 (c) Applications, related documents, and medical records

9 received by the Experimental Organ Transplantation Procedures

10 Board and any and all documents or other records prepared by

11 the Experimental Organ Transplantation Procedures Board or its

12 staff relating to applications it has received.

13 (d) Information and records held by the Department of

14 Public Health and its authorized representatives relating to

15 known or suspected cases of sexually transmissible disease or

16 any information the disclosure of which is restricted under the

17 Illinois Sexually Transmissible Disease Control Act.

18 (e) Information the disclosure of which is exempted under

19 Section 30 of the Radon Industry Licensing Act.

20 (f) Firm performance evaluations under Section 55 of the

21 Architectural, Engineering, and Land Surveying Qualifications

22 Based Selection Act.

23 (g) Information the disclosure of which is restricted and

24 exempted under Section 50 of the Illinois Prepaid Tuition Act.

25 (h) Information the disclosure of which is exempted under

26 the State Officials and Employees Ethics Act, and records of

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1 any lawfully created State or local inspector general's office

2 that would be exempt if created or obtained by an Executive

3 Inspector General's office under that Act.

4 (i) Information contained in a local emergency energy plan

5 submitted to a municipality in accordance with a local

6 emergency energy plan ordinance that is adopted under Section

7 11-21.5-5 of the Illinois Municipal Code.

8 (j) Information and data concerning the distribution of

9 surcharge moneys collected and remitted by wireless carriers

10 under the Wireless Emergency Telephone Safety Act.

11 (k) Law enforcement officer identification information or

12 driver identification information compiled by a law

13 enforcement agency or the Department of Transportation under

14 Section 11-212 of the Illinois Vehicle Code.

15 (l) Records and information provided to a residential

16 health care facility resident sexual assault and death review

17 team or the Executive Council under the Abuse Prevention Review

18 Team Act.

19 (m) Information provided to the predatory lending database

20 created pursuant to Article 3 of the Residential Real Property

21 Disclosure Act, except to the extent authorized under that

22 Article.

23 (n) Defense budgets and petitions for certification of

24 compensation and expenses for court appointed trial counsel as

25 provided under Sections 10 and 15 of the Capital Crimes

26 Litigation Act of 2014. This subsection (n) shall apply until

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1 the conclusion of the trial of the case, even if the

2 prosecution chooses not to pursue the death penalty prior to

3 trial or sentencing.

4 (o) Information that is prohibited from being disclosed

5 under Section 4 of the Illinois Health and Hazardous Substances

6 Registry Act.

7 (p) Security portions of system safety program plans,

8 investigation reports, surveys, schedules, lists, data, or

9 information compiled, collected, or prepared by or for the

10 Regional Transportation Authority under Section 2.11 of the

11 Regional Transportation Authority Act or the St. Clair County

12 Transit District under the Bi-State Transit Safety Act.

13 (q) Information prohibited from being disclosed by the

14 Personnel Records Review Act.

15 (r) Information prohibited from being disclosed by the

16 Illinois School Student Records Act.

17 (s) Information the disclosure of which is restricted under

18 Section 5-108 of the Public Utilities Act.

19 (t) All identified or deidentified health information in

20 the form of health data or medical records contained in, stored

21 in, submitted to, transferred by, or released from the Illinois

22 Health Information Exchange, and identified or deidentified

23 health information in the form of health data and medical

24 records of the Illinois Health Information Exchange in the

25 possession of the Illinois Health Information Exchange

26 Authority due to its administration of the Illinois Health

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1 Information Exchange. The terms "identified" and

2 "deidentified" shall be given the same meaning as in the Health

3 Insurance Accountability and Portability Act of 1996, Public

4 Law 104-191, or any subsequent amendments thereto, and any

5 regulations promulgated thereunder.

6 (u) Records and information provided to an independent team

7 of experts under Brian's Law.

8 (v) Names and information of people who have applied for or

9 received Firearm Owner's Identification Cards under the

10 Firearm Owners Identification Card Act or applied for or

11 received a concealed carry license under the Firearm Concealed

12 Carry Act, unless otherwise authorized by the Firearm Concealed

13 Carry Act; and databases under the Firearm Concealed Carry Act,

14 records of the Concealed Carry Licensing Review Board under the

15 Firearm Concealed Carry Act, and law enforcement agency

16 objections under the Firearm Concealed Carry Act.

17 (w) Personally identifiable information which is exempted

18 from disclosure under subsection (g) of Section 19.1 of the

19 Toll Highway Act.

20 (x) Information which is exempted from disclosure under

21 Section 5-1014.3 of the Counties Code or Section 8-11-21 of the

22 Illinois Municipal Code.

23 (y) Confidential information under the Adult Protective

24 Services Act and its predecessor enabling statute, the Elder

25 Abuse and Neglect Act, including information about the identity

26 and administrative finding against any caregiver of a verified

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1 and substantiated decision of significant abuse, neglect, or

2 financial exploitation of an eligible adult maintained in the

3 Department of Public Health's Health Care Worker Registry.

4 (z) Records and information provided to an at-risk adult

5 fatality review team or the Illinois At-Risk Adult Fatality

6 Review Team Advisory Council under Section 15 of the Adult

7 Protective Services Act.

8 (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,

9 eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,

10 eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)

11 Section 105. The Criminal Code of 2012 is amended by

12 changing Section 9-1 as follows:

13 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)

14 Sec. 9-1. First degree Murder - Death penalties -

15 Exceptions - Separate Hearings - Proof - Findings - Appellate

16 procedures - Reversals.

17 (a) A person who kills an individual without lawful

18 justification commits first degree murder if, in performing the

19 acts which cause the death:

20 (1) he either intends to kill or do great bodily harm

21 to that individual or another, or knows that such acts will

22 cause death to that individual or another; or

23 (2) he knows that such acts create a strong probability

24 of death or great bodily harm to that individual or

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1 another; or

2 (3) he is attempting or committing a forcible felony

3 other than second degree murder.

4 (b) Aggravating Factors. A defendant who at the time of the

5 commission of the offense has attained the age of 18 or more

6 and who has been found guilty of first degree murder may be

7 sentenced to death if:

8 (1) the murdered individual was a peace officer or

9 fireman killed in the course of performing his official

10 duties, to prevent the performance of his official duties,

11 or in retaliation for performing his official duties, and

12 the defendant knew or should have known that the murdered

13 individual was a peace officer or fireman; or

14 (2) the murdered individual was an employee of an

15 institution or facility of the Department of Corrections,

16 or any similar local correctional agency, killed in the

17 course of performing his official duties, to prevent the

18 performance of his official duties, or in retaliation for

19 performing his official duties, or the murdered individual

20 was an inmate at such institution or facility and was

21 killed on the grounds thereof, or the murdered individual

22 was otherwise present in such institution or facility with

23 the knowledge and approval of the chief administrative

24 officer thereof; or

25 (3) the defendant has been convicted of murdering two

26 or more individuals under subsection (a) of this Section or

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1 under any law of the United States or of any state which is

2 substantially similar to subsection (a) of this Section

3 regardless of whether the deaths occurred as the result of

4 the same act or of several related or unrelated acts so

5 long as the deaths were the result of either an intent to

6 kill more than one person or of separate acts which the

7 defendant knew would cause death or create a strong

8 probability of death or great bodily harm to the murdered

9 individual or another; or

10 (4) the murdered individual was killed as a result of

11 the hijacking of an airplane, train, ship, bus or other

12 public conveyance; or

13 (5) the defendant committed the murder pursuant to a

14 contract, agreement or understanding by which he was to

15 receive money or anything of value in return for committing

16 the murder or procured another to commit the murder for

17 money or anything of value; or

18 (6) the murdered individual was killed in the course of

19 another felony if:

20 (a) the murdered individual:

21 (i) was actually killed by the defendant, or

22 (ii) received physical injuries personally

23 inflicted by the defendant substantially

24 contemporaneously with physical injuries caused by

25 one or more persons for whose conduct the defendant

26 is legally accountable under Section 5-2 of this

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1 Code, and the physical injuries inflicted by

2 either the defendant or the other person or persons

3 for whose conduct he is legally accountable caused

4 the death of the murdered individual; and

5 (b) in performing the acts which caused the death

6 of the murdered individual or which resulted in

7 physical injuries personally inflicted by the

8 defendant on the murdered individual under the

9 circumstances of subdivision (ii) of subparagraph (a)

10 of paragraph (6) of subsection (b) of this Section, the

11 defendant acted with the intent to kill the murdered

12 individual or with the knowledge that his acts created

13 a strong probability of death or great bodily harm to

14 the murdered individual or another; and

15 (c) the other felony was an inherently violent

16 crime or the attempt to commit an inherently violent

17 crime. In this subparagraph (c), "inherently violent

18 crime" includes, but is not limited to, armed robbery,

19 robbery, predatory criminal sexual assault of a child,

20 aggravated criminal sexual assault, aggravated

21 kidnapping, aggravated vehicular hijacking, aggravated

22 arson, aggravated stalking, residential burglary, and

23 home invasion; or

24 (7) ~~the murdered individual was under 12 years of age~~

25 ~~and~~the death resulted from exceptionally brutal or heinous

26 behavior indicative of wanton cruelty; or

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1 (8) the defendant committed the murder with intent to

2 prevent the murdered individual from testifying or

3 participating in any criminal investigation or prosecution

4 or giving material assistance to the State in any

5 investigation or prosecution, either against the defendant

6 or another; or the defendant committed the murder because

7 the murdered individual was a witness in any prosecution or

8 gave material assistance to the State in any investigation

9 or prosecution, either against the defendant or another;

10 for purposes of this paragraph (8), "participating in any

11 criminal investigation or prosecution" is intended to

12 include those appearing in the proceedings in any capacity

13 such as trial judges, prosecutors, defense attorneys,

14 investigators, witnesses, or jurors; or

15 (9) the defendant, while committing an offense

16 punishable under Sections 401, 401.1, 401.2, 405, 405.2,

17 407 or 407.1 or subsection (b) of Section 404 of the

18 Illinois Controlled Substances Act, or while engaged in a

19 conspiracy or solicitation to commit such offense,

20 intentionally killed an individual or counseled,

21 commanded, induced, procured or caused the intentional

22 killing of the murdered individual; or

23 (10) the defendant was incarcerated in an institution

24 or facility of the Department of Corrections at the time of

25 the murder, and while committing an offense punishable as a

26 felony under Illinois law, or while engaged in a conspiracy

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1 or solicitation to commit such offense, intentionally

2 killed an individual or counseled, commanded, induced,

3 procured or caused the intentional killing of the murdered

4 individual; or

5 (11) the murder was committed in a cold, calculated and

6 premeditated manner pursuant to a preconceived plan,

7 scheme or design to take a human life by unlawful means,

8 and the conduct of the defendant created a reasonable

9 expectation that the death of a human being would result

10 therefrom; or

11 (12) the murdered individual was an emergency medical

12 technician - ambulance, emergency medical technician -

13 intermediate, emergency medical technician - paramedic,

14 ambulance driver, or other medical assistance or first aid

15 personnel, employed by a municipality or other

16 governmental unit, killed in the course of performing his

17 official duties, to prevent the performance of his official

18 duties, or in retaliation for performing his official

19 duties, and the defendant knew or should have known that

20 the murdered individual was an emergency medical

21 technician - ambulance, emergency medical technician -

22 intermediate, emergency medical technician - paramedic,

23 ambulance driver, or other medical assistance or first aid

24 personnel; or

25 (13) the defendant was a principal administrator,

26 organizer, or leader of a calculated criminal drug

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1 conspiracy consisting of a hierarchical position of

2 authority superior to that of all other members of the

3 conspiracy, and the defendant counseled, commanded,

4 induced, procured, or caused the intentional killing of the

5 murdered person; or

6 (14) the murder was intentional and involved the

7 infliction of torture. For the purpose of this Section

8 torture means the infliction of or subjection to extreme

9 physical pain, motivated by an intent to increase or

10 prolong the pain, suffering or agony of the victim; or

11 (15) the murder was committed as a result of the

12 intentional discharge of a firearm by the defendant from a

13 motor vehicle and the victim was not present within the

14 motor vehicle; or

15 (16) (blank); or ~~the murdered individual was 60 years~~

16 ~~of age or older and the death resulted from exceptionally~~

17 ~~brutal or heinous behavior indicative of wanton cruelty; or~~

18 (17) the murdered individual was a disabled person and

19 the defendant knew or should have known that the murdered

20 individual was disabled. For purposes of this paragraph

21 (17), "disabled person" means a person who suffers from a

22 permanent physical or mental impairment resulting from

23 disease, an injury, a functional disorder, or a congenital

24 condition that renders the person incapable of adequately

25 providing for his or her own health or personal care; or

26 (18) the murder was committed by reason of any person's

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1 activity as a community policing volunteer or to prevent

2 any person from engaging in activity as a community

3 policing volunteer; or

4 (19) the murdered individual was subject to an order of

5 protection and the murder was committed by a person against

6 whom the same order of protection was issued under the

7 Illinois Domestic Violence Act of 1986; or

8 (20) the murdered individual was known by the defendant

9 to be a teacher or other person employed in any school and

10 the teacher or other employee is upon the grounds of a

11 school or grounds adjacent to a school, or is in any part

12 of a building used for school purposes; or

13 (21) the murder was committed by the defendant in

14 connection with or as a result of the offense of terrorism

15 as defined in Section 29D-14.9 of this Code.

16 (b-5) Aggravating Factor; Natural Life Imprisonment. A

17 defendant who has been found guilty of first degree murder and

18 who at the time of the commission of the offense had attained

19 the age of 18 years or more may be sentenced to natural life

20 imprisonment if (i) the murdered individual was a physician,

21 physician assistant, psychologist, nurse, or advanced practice

22 nurse, (ii) the defendant knew or should have known that the

23 murdered individual was a physician, physician assistant,

24 psychologist, nurse, or advanced practice nurse, and (iii) the

25 murdered individual was killed in the course of acting in his

26 or her capacity as a physician, physician assistant,

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1 psychologist, nurse, or advanced practice nurse, or to prevent

2 him or her from acting in that capacity, or in retaliation for

3 his or her acting in that capacity.

4 (c) Consideration of factors in Aggravation and

5 Mitigation.

6 The court shall consider, or shall instruct the jury to

7 consider any aggravating and any mitigating factors which are

8 relevant to the imposition of the death penalty. Aggravating

9 factors may include but need not be limited to those factors

10 set forth in subsection (b). Mitigating factors may include but

11 need not be limited to the following:

12 (1) the defendant has no significant history of prior

13 criminal activity;

14 (2) the murder was committed while the defendant was

15 under the influence of extreme mental or emotional

16 disturbance, although not such as to constitute a defense

17 to prosecution;

18 (3) the murdered individual was a participant in the

19 defendant's homicidal conduct or consented to the

20 homicidal act;

21 (4) the defendant acted under the compulsion of threat

22 or menace of the imminent infliction of death or great

23 bodily harm;

24 (5) the defendant was not personally present during

25 commission of the act or acts causing death;

26 (6) the defendant's background includes a history of

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1 extreme emotional or physical abuse;

2 (7) the defendant suffers from a reduced mental

3 capacity.

4 (d) Separate sentencing hearing.

5 Where requested by the State, the court shall conduct a

6 separate sentencing proceeding to determine the existence of

7 factors set forth in subsection (b) and to consider any

8 aggravating or mitigating factors as indicated in subsection

9 (c). The proceeding shall be conducted:

10 (1) before the jury that determined the defendant's

11 guilt; or

12 (2) before a jury impanelled for the purpose of the

13 proceeding if:

14 A. the defendant was convicted upon a plea of

15 guilty; or

16 B. the defendant was convicted after a trial before

17 the court sitting without a jury; or

18 C. the court for good cause shown discharges the

19 jury that determined the defendant's guilt; or

20 (3) before the court alone if the defendant waives a

21 jury for the separate proceeding.

22 (e) Evidence and Argument.

23 During the proceeding any information relevant to any of

24 the factors set forth in subsection (b) may be presented by

25 either the State or the defendant under the rules governing the

26 admission of evidence at criminal trials. Any information

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1 relevant to any additional aggravating factors or any

2 mitigating factors indicated in subsection (c) may be presented

3 by the State or defendant regardless of its admissibility under

4 the rules governing the admission of evidence at criminal

5 trials. The State and the defendant shall be given fair

6 opportunity to rebut any information received at the hearing.

7 (f) Proof.

8 The burden of proof of establishing the existence of any of

9 the factors set forth in subsection (b) is on the State and

10 shall not be satisfied unless established beyond a reasonable

11 doubt.

12 (g) Procedure - Jury.

13 If at the separate sentencing proceeding the jury finds

14 that none of the factors set forth in subsection (b) exists,

15 the court shall sentence the defendant to a term of

16 imprisonment under Chapter V of the Unified Code of

17 Corrections. If there is a unanimous finding by the jury that

18 one or more of the factors set forth in subsection (b) exist,

19 the jury shall consider aggravating and mitigating factors as

20 instructed by the court and shall determine whether the

21 sentence of death shall be imposed. If the jury determines

22 unanimously, after weighing the factors in aggravation and

23 mitigation, that death is the appropriate sentence, the court

24 shall sentence the defendant to death. If the court does not

25 concur with the jury determination that death is the

26 appropriate sentence, the court shall set forth reasons in

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1 writing including what facts or circumstances the court relied

2 upon, along with any relevant documents, that compelled the

3 court to non-concur with the sentence. This document and any

4 attachments shall be part of the record for appellate review.

5 The court shall be bound by the jury's sentencing

6 determination.

7 If after weighing the factors in aggravation and

8 mitigation, one or more jurors determines that death is not the

9 appropriate sentence, the court shall sentence the defendant to

10 a term of imprisonment under Chapter V of the Unified Code of

11 Corrections.

12 (h) Procedure - No Jury.

13 In a proceeding before the court alone, if the court finds

14 that none of the factors found in subsection (b) exists, the

15 court shall sentence the defendant to a term of imprisonment

16 under Chapter V of the Unified Code of Corrections.

17 If the Court determines that one or more of the factors set

18 forth in subsection (b) exists, the Court shall consider any

19 aggravating and mitigating factors as indicated in subsection

20 (c). If the Court determines, after weighing the factors in

21 aggravation and mitigation, that death is the appropriate

22 sentence, the Court shall sentence the defendant to death.

23 If the court finds that death is not the appropriate

24 sentence, the court shall sentence the defendant to a term of

25 imprisonment under Chapter V of the Unified Code of

26 Corrections.

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1 (h-5) Decertification as a capital case.

2 In a case in which the defendant has been found guilty of

3 first degree murder by a judge or jury, or a case on remand for

4 resentencing, and the State seeks the death penalty as an

5 appropriate sentence, on the court's own motion or the written

6 motion of the defendant, the court may decertify the case as a

7 death penalty case if the court finds that the only evidence

8 supporting the defendant's conviction is the uncorroborated

9 testimony of an informant witness, as defined in Section 115-21

10 of the Code of Criminal Procedure of 1963, concerning the

11 confession or admission of the defendant or that the sole

12 evidence against the defendant is a single eyewitness or single

13 accomplice without any other corroborating evidence. If the

14 court decertifies the case as a capital case under either of

15 the grounds set forth above, the court shall issue a written

16 finding. The State may pursue its right to appeal the

17 decertification pursuant to Supreme Court Rule 604(a)(1). If

18 the court does not decertify the case as a capital case, the

19 matter shall proceed to the eligibility phase of the sentencing

20 hearing.

21 (i) Appellate Procedure.

22 The conviction and sentence of death shall be subject to

23 automatic review by the Supreme Court. Such review shall be in

24 accordance with rules promulgated by the Supreme Court. The

25 Illinois Supreme Court may overturn the death sentence, and

26 order the imposition of imprisonment under Chapter V of the

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1 Unified Code of Corrections if the court finds that the death

2 sentence is fundamentally unjust as applied to the particular

3 case. If the Illinois Supreme Court finds that the death

4 sentence is fundamentally unjust as applied to the particular

5 case, independent of any procedural grounds for relief, the

6 Illinois Supreme Court shall issue a written opinion explaining

7 this finding.

8 (j) Disposition of reversed death sentence.

9 In the event that the death penalty in this Act is held to

10 be unconstitutional by the Supreme Court of the United States

11 or of the State of Illinois, any person convicted of first

12 degree murder shall be sentenced by the court to a term of

13 imprisonment under Chapter V of the Unified Code of

14 Corrections.

15 In the event that any death sentence pursuant to the

16 sentencing provisions of this Section is declared

17 unconstitutional by the Supreme Court of the United States or

18 of the State of Illinois, the court having jurisdiction over a

19 person previously sentenced to death shall cause the defendant

20 to be brought before the court, and the court shall sentence

21 the defendant to a term of imprisonment under Chapter V of the

22 Unified Code of Corrections.

23 (k) Guidelines for seeking the death penalty.

24 The Attorney General and State's Attorneys Association

25 shall consult on voluntary guidelines for procedures governing

26 whether or not to seek the death penalty. The guidelines do not

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1 have the force of law and are only advisory in nature.

2 (Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)

3 Section 110. The Code of Criminal Procedure of 1963 is

4 amended by changing Sections 113-3 and 119-1 as follows:

5 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)

6 Sec. 113-3. (a) Every person charged with an offense shall

7 be allowed counsel before pleading to the charge. If the

8 defendant desires counsel and has been unable to obtain same

9 before arraignment the court shall recess court or continue the

10 cause for a reasonable time to permit defendant to obtain

11 counsel and consult with him before pleading to the charge. If

12 the accused is a dissolved corporation, and is not represented

13 by counsel, the court may, in the interest of justice, appoint

14 as counsel a licensed attorney of this State.

15 (b) In all cases, except where the penalty is a fine only,

16 if the court determines that the defendant is indigent and

17 desires counsel, the Public Defender shall be appointed as

18 counsel. If there is no Public Defender in the county or if the

19 defendant requests counsel other than the Public Defender and

20 the court finds that the rights of the defendant will be

21 prejudiced by the appointment of the Public Defender, the court

22 shall appoint as counsel a licensed attorney at law of this

23 State, except that in a county having a population of 2,000,000

24 or more the Public Defender shall be appointed as counsel in

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1 all misdemeanor cases where the defendant is indigent and

2 desires counsel unless the case involves multiple defendants,

3 in which case the court may appoint counsel other than the

4 Public Defender for the additional defendants. The court shall

5 require an affidavit signed by any defendant who requests

6 court-appointed counsel. Such affidavit shall be in the form

7 established by the Supreme Court containing sufficient

8 information to ascertain the assets and liabilities of that

9 defendant. The Court may direct the Clerk of the Circuit Court

10 to assist the defendant in the completion of the affidavit. Any

11 person who knowingly files such affidavit containing false

12 information concerning his assets and liabilities shall be

13 liable to the county where the case, in which such false

14 affidavit is filed, is pending for the reasonable value of the

15 services rendered by the public defender or other

16 court-appointed counsel in the case to the extent that such

17 services were unjustly or falsely procured.

18 (c) Upon the filing with the court of a verified statement

19 of services rendered the court shall order the county treasurer

20 of the county of trial to pay counsel other than the Public

21 Defender a reasonable fee. The court shall consider all

22 relevant circumstances, including but not limited to the time

23 spent while court is in session, other time spent in

24 representing the defendant, and expenses reasonably incurred

25 by counsel. In counties with a population greater than

26 2,000,000, the court shall order the county treasurer of the

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1 county of trial to pay counsel other than the Public Defender a

2 reasonable fee stated in the order and based upon a rate of

3 compensation of not more than $40 for each hour spent while

4 court is in session and not more than $30 for each hour

5 otherwise spent representing a defendant, and such

6 compensation shall not exceed $150 for each defendant

7 represented in misdemeanor cases and $1250 in felony cases, in

8 addition to expenses reasonably incurred as hereinafter in this

9 Section provided, except that, in extraordinary circumstances,

10 payment in excess of the limits herein stated may be made if

11 the trial court certifies that such payment is necessary to

12 provide fair compensation for protracted representation. A

13 trial court may entertain the filing of this verified statement

14 before the termination of the cause, and may order the

15 provisional payment of sums during the pendency of the cause.

16 (d) In capital cases, in addition to counsel, if the court

17 determines that the defendant is indigent the court may, upon

18 the filing with the court of a verified statement of services

19 rendered, order the county Treasurer of the county of trial to

20 pay necessary expert witnesses for defendant reasonable

21 compensation stated in the order not to exceed $250 for each

22 defendant.

23 (e) If the court in any county having a population greater

24 than 2,000,000 determines that the defendant is indigent the

25 court may, upon the filing with the court of a verified

26 statement of such expenses, order the county treasurer of the

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1 county of trial, in such counties having a population greater

2 than 2,000,000 to pay the general expenses of the trial

3 incurred by the defendant not to exceed $50 for each defendant.

4 (f) The provisions of this Section relating to appointment

5 of counsel, compensation of counsel, and payment of expenses in

6 capital cases apply except when the compensation and expenses

7 are being provided under the Capital Crimes Litigation Actof

8 2014.

9 (Source: P.A. 91-589, eff. 1-1-00.)

10 (725 ILCS 5/119-1)

11 Sec. 119-1. Death penalty restored ~~abolished~~.

12 (a) (Blank). ~~Beginning on the effective date of this~~

13 ~~amendatory Act of the 96th General Assembly, notwithstanding~~

14 ~~any other law to the contrary, the death penalty is abolished~~

15 ~~and a sentence to death may not be imposed.~~

16 (b) All unobligated and unexpended moneys remaining in ~~the~~

17 ~~Capital Litigation Trust Fund on the effective date of this~~

18 ~~amendatory Act of the 96th General Assembly shall be~~

19 ~~transferred into~~ the Death Penalty Abolition Fund on the

20 effective date of this amendatory Act of the 98th General

21 Assembly shall be transferred into the Capital Litigation Trust

22 Fund ~~, a special fund in the State treasury, to be expended by~~

23 ~~the Illinois Criminal Justice Information Authority, for~~

24 ~~services for families of victims of homicide or murder and for~~

25 ~~training of law enforcement personnel~~.

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1 (Source: P.A. 96-1543, eff. 7-1-11.)

2 Section 115. The State Appellate Defender Act is amended by

3 changing Section 10 as follows:

4 (725 ILCS 105/10) (from Ch. 38, par. 208-10)

5 Sec. 10. Powers and duties of State Appellate Defender.

6 (a) The State Appellate Defender shall represent indigent

7 persons on appeal in criminal and delinquent minor proceedings,

8 when appointed to do so by a court under a Supreme Court Rule

9 or law of this State.

10 (b) The State Appellate Defender shall submit a budget for

11 the approval of the State Appellate Defender Commission.

12 (c) The State Appellate Defender may:

13 (1) maintain a panel of private attorneys available to

14 serve as counsel on a case basis;

15 (2) establish programs, alone or in conjunction with

16 law schools, for the purpose of utilizing volunteer law

17 students as legal assistants;

18 (3) cooperate and consult with state agencies,

19 professional associations, and other groups concerning the

20 causes of criminal conduct, the rehabilitation and

21 correction of persons charged with and convicted of crime,

22 the administration of criminal justice, and, in counties of

23 less than 1,000,000 population, study, design, develop and

24 implement model systems for the delivery of trial level

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1 defender services, and make an annual report to the General

2 Assembly;

3 (4) hire investigators to provide investigative

4 services to appointed counsel and county public defenders;

5 (5) (Blank.)

6 (5.1) in cases in which a death sentence is an

7 authorized disposition, provide trial counsel with legal

8 assistance and the assistance of expert witnesses,

9 investigators, and mitigation specialists from funds

10 appropriated to the State Appellate Defender specifically

11 for that purpose by the General Assembly. The Office of

12 State Appellate Defender shall not be appointed to serve as

13 trial counsel in capital cases;

14 (5.5) provide training to county public defenders;

15 (5.7) provide county public defenders with the

16 assistance of expert witnesses and investigators from

17 funds appropriated to the State Appellate Defender

18 specifically for that purpose by the General Assembly. The

19 Office of the State Appellate Defender shall not be

20 appointed to act as trial counsel;

21 (6) develop a Juvenile Defender Resource Center to: (i)

22 study, design, develop, and implement model systems for the

23 delivery of trial level defender services for juveniles in

24 the justice system; (ii) in cases in which a sentence of

25 incarceration or an adult sentence, or both, is an

26 authorized disposition, provide trial counsel with legal

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1 advice and the assistance of expert witnesses and

2 investigators from funds appropriated to the Office of the

3 State Appellate Defender by the General Assembly

4 specifically for that purpose; (iii) develop and provide

5 training to public defenders on juvenile justice issues,

6 utilizing resources including the State and local bar

7 associations, the Illinois Public Defender Association,

8 law schools, the Midwest Juvenile Defender Center, and pro

9 bono efforts by law firms; and (iv) make an annual report

10 to the General Assembly.

11 Investigators employed by the Capital Trial Assistance

12 Unit and Capital Post Conviction Unit of the State Appellate

13 Defender shall be authorized to inquire through the Illinois

14 State Police or local law enforcement with the Law Enforcement

15 Agencies Data System (LEADS) under Section 2605-375 of the

16 Civil Administrative Code of Illinois to ascertain whether

17 their potential witnesses have a criminal background,

18 including: (i) warrants; (ii) arrests; (iii) convictions; and

19 (iv) officer safety information. This authorization applies

20 only to information held on the State level and shall be used

21 only to protect the personal safety of the investigators. Any

22 information that is obtained through this inquiry may not be

23 disclosed by the investigators.

24 (c-5) For each State fiscal year, the State Appellate

25 Defender shall request a direct appropriation from the Capital

26 Litigation Trust Fund for expenses incurred by the State

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1 Appellate Defender in providing assistance to trial attorneys

2 under item (c)(5.1) of this Section and for expenses incurred

3 by the State Appellate Defender in representing petitioners in

4 capital cases in post-conviction proceedings under Article 122

5 of the Code of Criminal Procedure of 1963 and in relation to

6 petitions filed under Section 2-1401 of the Code of Civil

7 Procedure in relation to capital cases and for the

8 representation of those petitioners by attorneys approved by or

9 contracted with the State Appellate Defender and an

10 appropriation to the State Treasurer for payments from the

11 Trust Fund for the defense of cases in counties other than Cook

12 County. The State Appellate Defender may appear before the

13 General Assembly at other times during the State's fiscal year

14 to request supplemental appropriations from the Trust Fund to

15 the State Treasurer.

16 (d) (Blank.)

17 (e) The requirement for reporting to the General Assembly

18 shall be satisfied by filing copies of the report with the

19 Speaker, the Minority Leader and the Clerk of the House of

20 Representatives and the President, the Minority Leader and the

21 Secretary of the Senate and the Legislative Research Unit, as

22 required by Section 3.1 of the General Assembly Organization

23 Act and filing such additional copies with the State Government

24 Report Distribution Center for the General Assembly as is

25 required under paragraph (t) of Section 7 of the State Library

26 Act.

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1 (Source: P.A. 96-1148, eff. 7-21-10; 97-1003, eff. 8-17-12.)