Illinois 2023-2024 Regular Session

Illinois House Bill HB3495 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3495 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5 30 ILCS 105/5.990 new720 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 Amends the Code of Criminal Procedure of 1963. Restores the death penalty for the first degree murder of a peace officer killed while performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer. Creates the Capital Crimes Litigation Act of 2023. Provides specified funding and resources for cases in which a sentence of death is an authorized disposition. Creates the Capital Litigation Trust Fund. Provides that all unobligated and unexpended moneys in the Death Penalty Abolition Fund are transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a sentence of death 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. Amends the Freedom of Information Act, the State Finance Act, and the Criminal Code of 2012 to make conforming changes. LRB103 28275 RLC 54654 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3495 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5 30 ILCS 105/5.990 new720 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 New Act 5 ILCS 140/7.5 30 ILCS 105/5.990 new 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 Amends the Code of Criminal Procedure of 1963. Restores the death penalty for the first degree murder of a peace officer killed while performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer. Creates the Capital Crimes Litigation Act of 2023. Provides specified funding and resources for cases in which a sentence of death is an authorized disposition. Creates the Capital Litigation Trust Fund. Provides that all unobligated and unexpended moneys in the Death Penalty Abolition Fund are transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a sentence of death 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. Amends the Freedom of Information Act, the State Finance Act, and the Criminal Code of 2012 to make conforming changes. LRB103 28275 RLC 54654 b LRB103 28275 RLC 54654 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3495 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED:
3	3	New Act5 ILCS 140/7.5 30 ILCS 105/5.990 new720 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 New Act 5 ILCS 140/7.5 30 ILCS 105/5.990 new 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
4	4	New Act
5	5	5 ILCS 140/7.5
6	6	30 ILCS 105/5.990 new
7	7	720 ILCS 5/9-1 from Ch. 38, par. 9-1
8	8	725 ILCS 5/113-3 from Ch. 38, par. 113-3
9	9	725 ILCS 5/119-1
10	10	725 ILCS 105/10 from Ch. 38, par. 208-10
11	11	Amends the Code of Criminal Procedure of 1963. Restores the death penalty for the first degree murder of a peace officer killed while performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer. Creates the Capital Crimes Litigation Act of 2023. Provides specified funding and resources for cases in which a sentence of death is an authorized disposition. Creates the Capital Litigation Trust Fund. Provides that all unobligated and unexpended moneys in the Death Penalty Abolition Fund are transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a sentence of death 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. Amends the Freedom of Information Act, the State Finance Act, and the Criminal Code of 2012 to make conforming changes.
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14	14	A BILL FOR
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17	17	1 AN ACT concerning criminal law.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 1. Short title. This Act may be cited as the
21	21	5 Capital Crimes Litigation Act of 2023.
22	22	6 Section 5. Appointment of trial counsel in death penalty
23	23	7 cases. If an indigent defendant is charged with an offense for
24	24	8 which a sentence of death is authorized, and the State's
25	25	9 Attorney has not, at or before arraignment, filed a
26	26	10 certificate indicating he or she will not seek the death
27	27	11 penalty or stated on the record in open court that the death
28	28	12 penalty will not be sought, the trial court shall immediately
29	29	13 appoint the Public Defender, or any other qualified attorney
30	30	14 or attorneys as the Illinois Supreme Court shall by rule
31	31	15 provide, to represent the defendant as trial counsel. If the
32	32	16 Public Defender is appointed, he or she shall immediately
33	33	17 assign the attorney or attorneys who are public defenders to
34	34	18 represent the defendant. The counsel shall meet the
35	35	19 qualifications as the Supreme Court shall by rule provide. At
36	36	20 the request of court appointed counsel in a case in which the
37	37	21 death penalty is sought, attorneys employed by the State
38	38	22 Appellate Defender may enter an appearance for the limited
39	39	23 purpose of assisting counsel appointed under this Section.
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43	43	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3495 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED:
44	44	New Act5 ILCS 140/7.5 30 ILCS 105/5.990 new720 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 New Act 5 ILCS 140/7.5 30 ILCS 105/5.990 new 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
45	45	New Act
46	46	5 ILCS 140/7.5
47	47	30 ILCS 105/5.990 new
48	48	720 ILCS 5/9-1 from Ch. 38, par. 9-1
49	49	725 ILCS 5/113-3 from Ch. 38, par. 113-3
50	50	725 ILCS 5/119-1
51	51	725 ILCS 105/10 from Ch. 38, par. 208-10
52	52	Amends the Code of Criminal Procedure of 1963. Restores the death penalty for the first degree murder of a peace officer killed while performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer. Creates the Capital Crimes Litigation Act of 2023. Provides specified funding and resources for cases in which a sentence of death is an authorized disposition. Creates the Capital Litigation Trust Fund. Provides that all unobligated and unexpended moneys in the Death Penalty Abolition Fund are transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a sentence of death 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. Amends the Freedom of Information Act, the State Finance Act, and the Criminal Code of 2012 to make conforming changes.
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55	55	A BILL FOR
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61	61	New Act
62	62	5 ILCS 140/7.5
63	63	30 ILCS 105/5.990 new
64	64	720 ILCS 5/9-1 from Ch. 38, par. 9-1
65	65	725 ILCS 5/113-3 from Ch. 38, par. 113-3
66	66	725 ILCS 5/119-1
67	67	725 ILCS 105/10 from Ch. 38, par. 208-10
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86	86	1 Section 10. Court appointed trial counsel; compensation
87	87	2 and expenses.
88	88	3 (a) This Section applies only to compensation and expenses
89	89	4 of trial counsel appointed by the court as set forth in Section
90	90	5 5, other than public defenders, for the period after
91	91	6 arraignment and so long as the State's Attorney has not, at any
92	92	7 time, filed a certificate indicating he or she will not seek
93	93	8 the death penalty or stated on the record in open court that
94	94	9 the death penalty will not be sought.
95	95	10 (a-5) Litigation budget.
96	96	11 (1) In a case in which the State has filed a statement
97	97	12 of intent to seek the death penalty, the court shall
98	98	13 require appointed counsel, including those appointed in
99	99	14 Cook County, after counsel has had adequate time to review
100	100	15 the case and prior to engaging trial assistance, to submit
101	101	16 a proposed estimated litigation budget for court approval,
102	102	17 that will be subject to modification in light of facts and
103	103	18 developments that emerge as the case proceeds. Case
104	104	19 budgets should be submitted ex parte and filed and
105	105	20 maintained under seal in order to protect the defendant's
106	106	21 right to effective assistance of counsel, right not to
107	107	22 incriminate him or herself and all applicable privileges.
108	108	23 Case budgets shall be reviewed and approved by the judge
109	109	24 assigned to try the case. As provided under subsection (c)
110	110	25 of this Section, petitions for compensation shall be
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121	121	1 reviewed by both the trial judge and the presiding judge
122	122	2 or the presiding judge's designee.
123	123	3 (2) The litigation budget shall serve purposes
124	124	4 comparable to those of private retainer agreements by
125	125	5 confirming both the court's and the attorney's
126	126	6 expectations regarding fees and expenses. Consideration
127	127	7 should be given to employing an ex parte pretrial
128	128	8 conference in order to facilitate reaching agreement on a
129	129	9 litigation budget at the earliest opportunity.
130	130	10 (3) The budget shall be incorporated into a sealed
131	131	11 initial pretrial order that reflects the understandings of
132	132	12 the court and counsel regarding all matters affecting
133	133	13 counsel compensation and reimbursement and payments for
134	134	14 investigative, expert and other services, including but
135	135	15 not limited to the following matters:
136	136	16 (A) the hourly rate at which counsel will be
137	137	17 compensated;
138	138	18 (B) the hourly rate at which private
139	139	19 investigators, other than investigators employed by
140	140	20 the Office of the State Appellate Defender, will be
141	141	21 compensated; and
142	142	22 (C) the best preliminary estimate that can be made
143	143	23 of the cost of all services, including, but not
144	144	24 limited to, counsel, expert, and investigative
145	145	25 services, that are likely to be needed through the
146	146	26 guilt and penalty phases of the trial. The court shall
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157	157	1 have discretion to require that budgets be prepared
158	158	2 for shorter intervals of time.
159	159	3 (4) Appointed counsel may obtain, subject to later
160	160	4 review, investigative, expert or other services without
161	161	5 prior authorization if necessary for an adequate defense.
162	162	6 If the services are obtained, the presiding judge or the
163	163	7 presiding judge's designee shall consider in an ex parte
164	164	8 proceeding that timely procurement of necessary services
165	165	9 could not await prior authorization. If an ex parte
166	166	10 hearing is requested by defense counsel or deemed
167	167	11 necessary by the trial judge prior to modifying a budget,
168	168	12 the ex parte hearing shall be before the presiding judge
169	169	13 or the presiding judge's designee. The judge may then
170	170	14 authorize the services nunc pro tunc. If the presiding
171	171	15 judge or the presiding judge's designee finds that the
172	172	16 services were not reasonable, payment may be denied.
173	173	17 (5) An approved budget shall guide counsel's use of
174	174	18 time and resources by indicating the services for which
175	175	19 compensation is authorized. The case budget shall be
176	176	20 re-evaluated when justified by changed or unexpected
177	177	21 circumstances and shall be modified by the court when
178	178	22 reasonable and necessary for an adequate defense. If an ex
179	179	23 parte hearing is requested by defense counsel or deemed
180	180	24 necessary by the trial judge prior to modifying a budget,
181	181	25 the ex parte hearing shall be before the presiding judge
182	182	26 or the presiding judge's designee.
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193	193	1 (b) Appointed trial counsel shall be compensated upon
194	194	2 presentment and certification by the circuit court of a claim
195	195	3 for services detailing the date, activity, and time duration
196	196	4 for which compensation is sought. Compensation for appointed
197	197	5 trial counsel may be paid at a reasonable rate not to exceed
198	198	6 $125 per hour. The court shall not authorize payment of bills
199	199	7 that are not properly itemized. A request for payment shall be
200	200	8 presented under seal and reviewed ex parte with a court
201	201	9 reporter present. Every January 20, the statutory rate
202	202	10 prescribed in this subsection shall be automatically increased
203	203	11 or decreased, as applicable, by a percentage equal to the
204	204	12 percentage change in the consumer price index-u during the
205	205	13 preceding 12-month calendar year. "Consumer price index-u"
206	206	14 means the index published by the Bureau of Labor Statistics of
207	207	15 the United States Department of Labor that measures the
208	208	16 average change in prices of goods and services purchased by
209	209	17 all urban consumers, United States city average, all items,
210	210	18 1982-84=100. The new rate resulting from each annual
211	211	19 adjustment shall be determined by the State Treasurer and made
212	212	20 available to the chief judge of each judicial circuit.
213	213	21 (c) Appointed trial counsel may also petition the court
214	214	22 for certification of expenses for reasonable and necessary
215	215	23 capital litigation expenses including, but not limited to,
216	216	24 investigatory and other assistance, expert, forensic, and
217	217	25 other witnesses, and mitigation specialists. Each provider of
218	218	26 proposed services must specify the best preliminary estimate
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229	229	1 that can be made in light of information received in the case
230	230	2 at that point, and the provider must sign this estimate under
231	231	3 the provisions of Section 1-109 of the Code of Civil
232	232	4 Procedure. A provider of proposed services must also specify
233	233	5 (1) his or her hourly rate; (2) the hourly rate of anyone else
234	234	6 in his or her employ for whom reimbursement is sought; and (3)
235	235	7 the hourly rate of any person or entity that may be
236	236	8 subcontracted to perform these services. Counsel may not
237	237	9 petition for certification of expenses that may have been
238	238	10 provided or compensated by the State Appellate Defender under
239	239	11 item (c)(5.1) of Section 10 of the State Appellate Defender
240	240	12 Act. The petitions shall be filed under seal and considered ex
241	241	13 parte but with a court reporter present for all ex parte
242	242	14 conferences. If the requests are submitted after services have
243	243	15 been rendered, the requests shall be supported by an invoice
244	244	16 describing the services rendered, the dates the services were
245	245	17 performed and the amount of time spent. These petitions shall
246	246	18 be reviewed by both the trial judge and the presiding judge of
247	247	19 the circuit court or the presiding judge's designee. The
248	248	20 petitions and orders shall be kept under seal and shall be
249	249	21 exempt from Freedom of Information requests until the
250	250	22 conclusion of the trial, even if the prosecution chooses not
251	251	23 to pursue the death penalty prior to trial or sentencing. If an
252	252	24 ex parte hearing is requested by defense counsel or deemed
253	253	25 necessary by the trial judge, the hearing shall be before the
254	254	26 presiding judge or the presiding judge's designee.
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265	265	1 (d) Appointed trial counsel shall petition the court for
266	266	2 certification of compensation and expenses under this Section
267	267	3 periodically during the course of counsel's representation.
268	268	4 The petitions shall be supported by itemized bills showing the
269	269	5 date, the amount of time spent, the work done and the total
270	270	6 being charged for each entry. The court shall not authorize
271	271	7 payment of bills that are not properly itemized. The court
272	272	8 must certify reasonable and necessary expenses of the
273	273	9 petitioner for travel and per diem (lodging, meals, and
274	274	10 incidental expenses). These expenses must be paid at the rate
275	275	11 as promulgated by the United States General Services
276	276	12 Administration for these expenses for the date and location in
277	277	13 which they were incurred, unless extraordinary reasons are
278	278	14 shown for the difference. The petitions shall be filed under
279	279	15 seal and considered ex parte but with a court reporter present
280	280	16 for all ex parte conferences. The petitions shall be reviewed
281	281	17 by both the trial judge and the presiding judge of the circuit
282	282	18 court or the presiding judge's designee. If an ex parte
283	283	19 hearing is requested by defense counsel or deemed necessary by
284	284	20 the trial judge, the ex parte hearing shall be before the
285	285	21 presiding judge or the presiding judge's designee. If the
286	286	22 court determines that the compensation and expenses should be
287	287	23 paid from the Capital Litigation Trust Fund, the court shall
288	288	24 certify, on a form created by the State Treasurer, that all or
289	289	25 a designated portion of the amount requested is reasonable,
290	290	26 necessary, and appropriate for payment from the Trust Fund.
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301	301	1 The form must also be signed by lead trial counsel under the
302	302	2 provisions of Section 1-109 of the Code of Civil Procedure
303	303	3 verifying that the amount requested is reasonable, necessary,
304	304	4 and appropriate. Bills submitted for payment by any individual
305	305	5 or entity seeking payment from the Capital Litigation Trust
306	306	6 Fund must also be accompanied by a form created by the State
307	307	7 Treasurer and signed by the individual or responsible agent of
308	308	8 the entity under the provisions of Section 1-109 of the Code of
309	309	9 Civil Procedure that the amount requested is accurate and
310	310	10 truthful and reflects time spent or expenses incurred.
311	311	11 Certification of compensation and expenses by a court in any
312	312	12 county other than Cook County shall be delivered by the court
313	313	13 to the State Treasurer and must be paid by the State Treasurer
314	314	14 directly from the Capital Litigation Trust Fund if there are
315	315	15 sufficient moneys in the Trust Fund to pay the compensation
316	316	16 and expenses. If the State Treasurer finds within 14 days of
317	317	17 his or her receipt of a certification that the compensation
318	318	18 and expenses to be paid are unreasonable, unnecessary, or
319	319	19 inappropriate, he or she may return the certification to the
320	320	20 court setting forth in detail the objection or objections with
321	321	21 a request for the court to review the objection or objections
322	322	22 before resubmitting the certification. The State Treasurer
323	323	23 must send the claimant a copy of the objection or objections.
324	324	24 The State Treasurer may only seek a review of a specific
325	325	25 objection once. The claimant has 7 days from his or her receipt
326	326	26 of the objections to file a response with the court. With or
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337	337	1 without further hearing, the court must promptly rule on the
338	338	2 objections. The petitions and orders shall be kept under seal
339	339	3 and shall be exempt from Freedom of Information requests until
340	340	4 the conclusion of the trial and appeal of the case, even if the
341	341	5 prosecution chooses not to pursue the death penalty prior to
342	342	6 trial or sentencing. Certification of compensation and
343	343	7 expenses by a court in Cook County shall be delivered by the
344	344	8 court to the county treasurer and paid by the county treasurer
345	345	9 from moneys granted to the county from the Capital Litigation
346	346	10 Trust Fund.
347	347	11 Section 15. Capital Litigation Trust Fund.
348	348	12 (a) The Capital Litigation Trust Fund is created as a
349	349	13 special fund in the State Treasury. The Trust Fund shall be
350	350	14 administered by the State Treasurer to provide moneys for the
351	351	15 appropriations to be made, grants to be awarded, and
352	352	16 compensation and expenses to be paid under this Act. All
353	353	17 interest earned from the investment or deposit of moneys
354	354	18 accumulated in the Trust Fund shall, under Section 4.1 of the
355	355	19 State Finance Act, be deposited into the Trust Fund.
356	356	20 (b) Moneys deposited into the Trust Fund shall not be
357	357	21 considered general revenue of the State of Illinois.
358	358	22 (c) Moneys deposited into the Trust Fund shall be used
359	359	23 exclusively for the purposes of providing funding for the
360	360	24 prosecution and defense of capital cases and for providing
361	361	25 funding for post-conviction proceedings in capital cases under
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372	372	1 Article 122 of the Code of Criminal Procedure of 1963 and in
373	373	2 relation to petitions filed under Section 2-1401 of the Code
374	374	3 of Civil Procedure in relation to capital cases as provided in
375	375	4 this Act and shall not be appropriated, loaned, or in any
376	376	5 manner transferred to the General Revenue Fund of the State of
377	377	6 Illinois.
378	378	7 (d) Every fiscal year the State Treasurer shall transfer
379	379	8 from the General Revenue Fund to the Capital Litigation Trust
380	380	9 Fund an amount equal to the full amount of moneys appropriated
381	381	10 by the General Assembly (both by original and supplemental
382	382	11 appropriation), less any unexpended balance from the previous
383	383	12 fiscal year, from the Capital Litigation Trust Fund for the
384	384	13 specific purpose of making funding available for the
385	385	14 prosecution and defense of capital cases and for the
386	386	15 litigation expenses associated with post-conviction
387	387	16 proceedings in capital cases under Article 122 of the Code of
388	388	17 Criminal Procedure of 1963 and in relation to petitions filed
389	389	18 under Section 2-1401 of the Code of Civil Procedure in
390	390	19 relation to capital cases. The Public Defender and State's
391	391	20 Attorney in Cook County, the State Appellate Defender, the
392	392	21 Office of the State's Attorneys Appellate Prosecutor, and the
393	393	22 Attorney General shall make annual requests for appropriations
394	394	23 from the Trust Fund.
395	395	24 (1) The Public Defender in Cook County shall request
396	396	25 appropriations to the State Treasurer for expenses
397	397	26 incurred by the Public Defender and for funding for
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408	408	1 private appointed defense counsel in Cook County.
409	409	2 (2) The State's Attorney in Cook County shall request
410	410	3 an appropriation to the State Treasurer for expenses
411	411	4 incurred by the State's Attorney.
412	412	5 (3) The State Appellate Defender shall request a
413	413	6 direct appropriation from the Trust Fund for expenses
414	414	7 incurred by the State Appellate Defender in providing
415	415	8 assistance to trial attorneys under item (c)(5.1) of
416	416	9 Section 10 of the State Appellate Defender Act and for
417	417	10 expenses incurred by the State Appellate Defender in
418	418	11 representing petitioners in capital cases in
419	419	12 post-conviction proceedings under Article 122 of the Code
420	420	13 of Criminal Procedure of 1963 and in relation to petitions
421	421	14 filed under Section 2-1401 of the Code of Civil Procedure
422	422	15 in relation to capital cases and for the representation of
423	423	16 those petitioners by attorneys approved by or contracted
424	424	17 with the State Appellate Defender and an appropriation to
425	425	18 the State Treasurer for payments from the Trust Fund for
426	426	19 the defense of cases in counties other than Cook County.
427	427	20 (4) The Office of the State's Attorneys Appellate
428	428	21 Prosecutor shall request a direct appropriation from the
429	429	22 Trust Fund to pay expenses incurred by the Office of the
430	430	23 State's Attorneys Appellate Prosecutor and an
431	431	24 appropriation to the State Treasurer for payments from the
432	432	25 Trust Fund for expenses incurred by State's Attorneys in
433	433	26 counties other than Cook County.
434	434
435	435
436	436
437	437
438	438
439	439	HB3495 - 11 - LRB103 28275 RLC 54654 b
440	440
441	441
442	442	HB3495- 12 -LRB103 28275 RLC 54654 b HB3495 - 12 - LRB103 28275 RLC 54654 b
443	443	HB3495 - 12 - LRB103 28275 RLC 54654 b
444	444	1 (5) The Attorney General shall request a direct
445	445	2 appropriation from the Trust Fund to pay expenses incurred
446	446	3 by the Attorney General in assisting the State's Attorneys
447	447	4 in counties other than Cook County and to pay for expenses
448	448	5 incurred by the Attorney General when the Attorney General
449	449	6 is ordered by the presiding judge of the Criminal Division
450	450	7 of the Circuit Court of Cook County to prosecute or
451	451	8 supervise the prosecution of Cook County cases and for
452	452	9 expenses incurred by the Attorney General in representing
453	453	10 the State in post-conviction proceedings in capital cases
454	454	11 under Article 122 of the Code of Criminal Procedure of
455	455	12 1963 and in relation to petitions filed under Section
456	456	13 2-1401 of the Code of Civil Procedure in relation to
457	457	14 capital cases. The Public Defender and State's Attorney in
458	458	15 Cook County, the State Appellate Defender, the State's
459	459	16 Attorneys Appellate Prosecutor, and the Attorney General
460	460	17 may each request supplemental appropriations from the
461	461	18 Trust Fund during the fiscal year.
462	462	19 (e) Moneys in the Trust Fund shall be expended only as
463	463	20 follows:
464	464	21 (1) To pay the State Treasurer's costs to administer
465	465	22 the Trust Fund. The amount for this purpose may not exceed
466	466	23 5% in any one fiscal year of the amount otherwise
467	467	24 appropriated from the Trust Fund in the same fiscal year.
468	468	25 (2) To pay the capital litigation expenses of trial
469	469	26 defense and post-conviction proceedings in capital cases
470	470
471	471
472	472
473	473
474	474
475	475	HB3495 - 12 - LRB103 28275 RLC 54654 b
476	476
477	477
478	478	HB3495- 13 -LRB103 28275 RLC 54654 b HB3495 - 13 - LRB103 28275 RLC 54654 b
479	479	HB3495 - 13 - LRB103 28275 RLC 54654 b
480	480	1 under Article 122 of the Code of Criminal Procedure of
481	481	2 1963 and in relation to petitions filed under Section
482	482	3 2-1401 of the Code of Civil Procedure in relation to
483	483	4 capital cases including, but not limited to, DNA testing,
484	484	5 including DNA testing under Section 116-3 of the Code of
485	485	6 Criminal Procedure of 1963, analysis, and expert
486	486	7 testimony, investigatory and other assistance, expert,
487	487	8 forensic, and other witnesses, and mitigation specialists,
488	488	9 and grants and aid provided to public defenders, appellate
489	489	10 defenders, and any attorney approved by or contracted with
490	490	11 the State Appellate Defender representing petitioners in
491	491	12 post-conviction proceedings in capital cases under Article
492	492	13 122 of the Code of Criminal Procedure of 1963 and in
493	493	14 relation to petitions filed under Section 2-1401 of the
494	494	15 Code of Civil Procedure in relation to capital cases or
495	495	16 assistance to attorneys who have been appointed by the
496	496	17 court to represent defendants who are charged with capital
497	497	18 crimes. Reasonable and necessary capital litigation
498	498	19 expenses include travel and per diem (lodging, meals, and
499	499	20 incidental expenses).
500	500	21 (3) To pay the compensation of trial attorneys, other
501	501	22 than public defenders or appellate defenders, who have
502	502	23 been appointed by the court to represent defendants who
503	503	24 are charged with capital crimes or attorneys approved by
504	504	25 or contracted with the State Appellate Defender to
505	505	26 represent petitioners in post-conviction proceedings in
506	506
507	507
508	508
509	509
510	510
511	511	HB3495 - 13 - LRB103 28275 RLC 54654 b
512	512
513	513
514	514	HB3495- 14 -LRB103 28275 RLC 54654 b HB3495 - 14 - LRB103 28275 RLC 54654 b
515	515	HB3495 - 14 - LRB103 28275 RLC 54654 b
516	516	1 capital cases under Article 122 of the Code of Criminal
517	517	2 Procedure of 1963 and in relation to petitions filed under
518	518	3 Section 2-1401 of the Code of Civil Procedure in relation
519	519	4 to capital cases.
520	520	5 (4) To provide State's Attorneys with funding for
521	521	6 capital litigation expenses and for expenses of
522	522	7 representing the State in post-conviction proceedings in
523	523	8 capital cases under Article 122 of the Code of Criminal
524	524	9 Procedure of 1963 and in relation to petitions filed under
525	525	10 Section 2-1401 of the Code of Civil Procedure in relation
526	526	11 to capital cases including, but not limited to,
527	527	12 investigatory and other assistance and expert, forensic,
528	528	13 and other witnesses necessary to prosecute capital cases.
529	529	14 State's Attorneys in any county other than Cook County
530	530	15 seeking funding for capital litigation expenses and for
531	531	16 expenses of representing the State in post-conviction
532	532	17 proceedings in capital cases under Article 122 of the Code
533	533	18 of Criminal Procedure of 1963 and in relation to petitions
534	534	19 filed under Section 2-1401 of the Code of Civil Procedure
535	535	20 in relation to capital cases including, but not limited
536	536	21 to, investigatory and other assistance and expert,
537	537	22 forensic, or other witnesses under this Section may
538	538	23 request that the Office of the State's Attorneys Appellate
539	539	24 Prosecutor or the Attorney General, as the case may be,
540	540	25 certify the expenses as reasonable, necessary, and
541	541	26 appropriate for payment from the Trust Fund, on a form
542	542
543	543
544	544
545	545
546	546
547	547	HB3495 - 14 - LRB103 28275 RLC 54654 b
548	548
549	549
550	550	HB3495- 15 -LRB103 28275 RLC 54654 b HB3495 - 15 - LRB103 28275 RLC 54654 b
551	551	HB3495 - 15 - LRB103 28275 RLC 54654 b
552	552	1 created by the State Treasurer. Upon certification of the
553	553	2 expenses and delivery of the certification to the State
554	554	3 Treasurer, the Treasurer shall pay the expenses directly
555	555	4 from the Capital Litigation Trust Fund if there are
556	556	5 sufficient moneys in the Trust Fund to pay the expenses.
557	557	6 (5) To provide financial support through the Attorney
558	558	7 General under the Attorney General Act for the several
559	559	8 county State's Attorneys outside of Cook County, but shall
560	560	9 not be used to increase personnel for the Attorney
561	561	10 General's Office, except when the Attorney General is
562	562	11 ordered by the presiding judge of the Criminal Division of
563	563	12 the Circuit Court of Cook County to prosecute or supervise
564	564	13 the prosecution of Cook County cases.
565	565	14 (6) To provide financial support through the State's
566	566	15 Attorneys Appellate Prosecutor under the State's Attorneys
567	567	16 Appellate Prosecutor's Act for the several county State's
568	568	17 Attorneys outside of Cook County, but shall not be used to
569	569	18 increase personnel for the Office of the State's Attorneys
570	570	19 Appellate Prosecutor.
571	571	20 (7) To provide financial support to the State
572	572	21 Appellate Defender under the State Appellate Defender Act.
573	573	22 Moneys expended from the Trust Fund shall be in addition
574	574	23 to county funding for Public Defenders and State's
575	575	24 Attorneys, and shall not be used to supplant or reduce
576	576	25 ordinary and customary county funding.
577	577	26 (f) Moneys in the Trust Fund shall be appropriated to the
578	578
579	579
580	580
581	581
582	582
583	583	HB3495 - 15 - LRB103 28275 RLC 54654 b
584	584
585	585
586	586	HB3495- 16 -LRB103 28275 RLC 54654 b HB3495 - 16 - LRB103 28275 RLC 54654 b
587	587	HB3495 - 16 - LRB103 28275 RLC 54654 b
588	588	1 State Appellate Defender, the Office of the State's Attorneys
589	589	2 Appellate Prosecutor, the Attorney General, and the State
590	590	3 Treasurer. The State Appellate Defender shall receive an
591	591	4 appropriation from the Trust Fund to enable it to provide
592	592	5 assistance to appointed defense counsel and attorneys approved
593	593	6 by or contracted with the State Appellate Defender to
594	594	7 represent petitioners in post-conviction proceedings in
595	595	8 capital cases under Article 122 of the Code of Criminal
596	596	9 Procedure of 1963 and in relation to petitions filed under
597	597	10 Section 2-1401 of the Code of Civil Procedure in relation to
598	598	11 capital cases throughout the State and to Public Defenders in
599	599	12 counties other than Cook. The Office of the State's Attorneys
600	600	13 Appellate Prosecutor and the Attorney General shall receive
601	601	14 appropriations from the Trust Fund to enable them to provide
602	602	15 assistance to State's Attorneys in counties other than Cook
603	603	16 County and when the Attorney General is ordered by the
604	604	17 presiding judge of the Criminal Division of the Circuit Court
605	605	18 of Cook County to prosecute or supervise the prosecution of
606	606	19 Cook County cases. Moneys shall be appropriated to the State
607	607	20 Treasurer to enable the Treasurer (i) to make grants to Cook
608	608	21 County, (ii) to pay the expenses of Public Defenders, the
609	609	22 State Appellate Defender, the Attorney General, the Office of
610	610	23 the State's Attorneys Appellate Prosecutor, and State's
611	611	24 Attorneys in counties other than Cook County, (iii) to pay the
612	612	25 expenses and compensation of appointed defense counsel and
613	613	26 attorneys approved by or contracted with the State Appellate
614	614
615	615
616	616
617	617
618	618
619	619	HB3495 - 16 - LRB103 28275 RLC 54654 b
620	620
621	621
622	622	HB3495- 17 -LRB103 28275 RLC 54654 b HB3495 - 17 - LRB103 28275 RLC 54654 b
623	623	HB3495 - 17 - LRB103 28275 RLC 54654 b
624	624	1 Defender to represent petitioners in post-conviction
625	625	2 proceedings in capital cases under Article 122 of the Code of
626	626	3 Criminal Procedure of 1963 and in relation to petitions filed
627	627	4 under Section 2-1401 of the Code of Civil Procedure in
628	628	5 relation to capital cases in counties other than Cook County,
629	629	6 and (iv) to pay the costs of administering the Trust Fund. All
630	630	7 expenditures and grants made from the Trust Fund shall be
631	631	8 subject to audit by the Auditor General.
632	632	9 (g) For Cook County, grants from the Trust Fund shall be
633	633	10 made and administered as follows:
634	634	11 (1) For each State fiscal year, the State's Attorney
635	635	12 and Public Defender must each make a separate application
636	636	13 to the State Treasurer for capital litigation grants.
637	637	14 (2) The State Treasurer shall establish rules and
638	638	15 procedures for grant applications. The rules shall require
639	639	16 the Cook County Treasurer as the grant recipient to report
640	640	17 on a periodic basis to the State Treasurer how much of the
641	641	18 grant has been expended, how much of the grant is
642	642	19 remaining, and the purposes for which the grant has been
643	643	20 used. The rules may also require the Cook County Treasurer
644	644	21 to certify on a periodic basis that expenditures of the
645	645	22 funds have been made for expenses that are reasonable,
646	646	23 necessary, and appropriate for payment from the Trust
647	647	24 Fund.
648	648	25 (3) The State Treasurer shall make the grants to the
649	649	26 Cook County Treasurer as soon as possible after the
650	650
651	651
652	652
653	653
654	654
655	655	HB3495 - 17 - LRB103 28275 RLC 54654 b
656	656
657	657
658	658	HB3495- 18 -LRB103 28275 RLC 54654 b HB3495 - 18 - LRB103 28275 RLC 54654 b
659	659	HB3495 - 18 - LRB103 28275 RLC 54654 b
660	660	1 beginning of the State fiscal year.
661	661	2 (4) The State's Attorney or Public Defender may apply
662	662	3 for supplemental grants during the fiscal year.
663	663	4 (5) Grant moneys shall be paid to the Cook County
664	664	5 Treasurer in block grants and held in separate accounts
665	665	6 for the State's Attorney, the Public Defender, and court
666	666	7 appointed defense counsel other than the Cook County
667	667	8 Public Defender, respectively, for the designated fiscal
668	668	9 year, and are not subject to county appropriation.
669	669	10 (6) Expenditure of grant moneys under this subsection
670	670	11 (g) is subject to audit by the Auditor General.
671	671	12 (7) The Cook County Treasurer shall immediately make
672	672	13 payment from the appropriate separate account in the
673	673	14 county treasury for capital litigation expenses to the
674	674	15 State's Attorney, Public Defender, or court appointed
675	675	16 defense counsel other than the Public Defender, as the
676	676	17 case may be, upon order of the State's Attorney, Public
677	677	18 Defender or the court, respectively.
678	678	19 (h) If a defendant in a capital case in Cook County is
679	679	20 represented by court appointed counsel other than the Cook
680	680	21 County Public Defender, the appointed counsel shall petition
681	681	22 the court for an order directing the Cook County Treasurer to
682	682	23 pay the court appointed counsel's reasonable and necessary
683	683	24 compensation and capital litigation expenses from grant moneys
684	684	25 provided from the Trust Fund. The petitions shall be supported
685	685	26 by itemized bills showing the date, the amount of time spent,
686	686
687	687
688	688
689	689
690	690
691	691	HB3495 - 18 - LRB103 28275 RLC 54654 b
692	692
693	693
694	694	HB3495- 19 -LRB103 28275 RLC 54654 b HB3495 - 19 - LRB103 28275 RLC 54654 b
695	695	HB3495 - 19 - LRB103 28275 RLC 54654 b
696	696	1 the work done and the total being charged for each entry. The
697	697	2 court shall not authorize payment of bills that are not
698	698	3 properly itemized. The petitions shall be filed under seal and
699	699	4 considered ex parte but with a court reporter present for all
700	700	5 ex parte conferences. The petitions shall be reviewed by both
701	701	6 the trial judge and the presiding judge of the circuit court or
702	702	7 the presiding judge's designee. The petitions and orders shall
703	703	8 be kept under seal and shall be exempt from Freedom of
704	704	9 Information requests until the conclusion of the trial and
705	705	10 appeal of the case, even if the prosecution chooses not to
706	706	11 pursue the death penalty prior to trial or sentencing. Orders
707	707	12 denying petitions for compensation or expenses are final.
708	708	13 Counsel may not petition for expenses that may have been
709	709	14 provided or compensated by the State Appellate Defender under
710	710	15 item (c)(5.1) of Section 10 of the State Appellate Defender
711	711	16 Act.
712	712	17 (i) In counties other than Cook County, and when the
713	713	18 Attorney General is ordered by the presiding judge of the
714	714	19 Criminal Division of the Circuit Court of Cook County to
715	715	20 prosecute or supervise the prosecution of Cook County cases,
716	716	21 and excluding capital litigation expenses or services that may
717	717	22 have been provided by the State Appellate Defender under item
718	718	23 (c)(5.1) of Section 10 of the State Appellate Defender Act:
719	719	24 (1) Upon certification by the circuit court, on a form
720	720	25 created by the State Treasurer, that all or a portion of
721	721	26 the expenses are reasonable, necessary, and appropriate
722	722
723	723
724	724
725	725
726	726
727	727	HB3495 - 19 - LRB103 28275 RLC 54654 b
728	728
729	729
730	730	HB3495- 20 -LRB103 28275 RLC 54654 b HB3495 - 20 - LRB103 28275 RLC 54654 b
731	731	HB3495 - 20 - LRB103 28275 RLC 54654 b
732	732	1 for payment from the Trust Fund and the court's delivery
733	733	2 of the certification to the Treasurer, the Treasurer shall
734	734	3 pay the certified expenses of Public Defenders and the
735	735	4 State Appellate Defender from the money appropriated to
736	736	5 the Treasurer for capital litigation expenses of Public
737	737	6 Defenders and post-conviction proceeding expenses in
738	738	7 capital cases of the State Appellate Defender and expenses
739	739	8 in relation to petitions filed under Section 2-1401 of the
740	740	9 Code of Civil Procedure in relation to capital cases in
741	741	10 any county other than Cook County, if there are sufficient
742	742	11 moneys in the Trust Fund to pay the expenses.
743	743	12 (2) If a defendant in a capital case is represented by
744	744	13 court appointed counsel other than the Public Defender,
745	745	14 the appointed counsel shall petition the court to certify
746	746	15 compensation and capital litigation expenses including,
747	747	16 but not limited to, investigatory and other assistance,
748	748	17 expert, forensic, and other witnesses, and mitigation
749	749	18 specialists as reasonable, necessary, and appropriate for
750	750	19 payment from the Trust Fund. If a petitioner in a capital
751	751	20 case who has filed a petition for post-conviction relief
752	752	21 under Article 122 of the Code of Criminal Procedure of
753	753	22 1963 or a petition under Section 2-1401 of the Code of
754	754	23 Civil Procedure in relation to capital cases is
755	755	24 represented by an attorney approved by or contracted with
756	756	25 the State Appellate Defender other than the State
757	757	26 Appellate Defender, that attorney shall petition the court
758	758
759	759
760	760
761	761
762	762
763	763	HB3495 - 20 - LRB103 28275 RLC 54654 b
764	764
765	765
766	766	HB3495- 21 -LRB103 28275 RLC 54654 b HB3495 - 21 - LRB103 28275 RLC 54654 b
767	767	HB3495 - 21 - LRB103 28275 RLC 54654 b
768	768	1 to certify compensation and litigation expenses of
769	769	2 post-conviction proceedings under Article 122 of the Code
770	770	3 of Criminal Procedure of 1963 or in relation to petitions
771	771	4 filed under Section 2-1401 of the Code of Civil Procedure
772	772	5 in relation to capital cases. Upon certification on a form
773	773	6 created by the State Treasurer of all or a portion of the
774	774	7 compensation and expenses certified as reasonable,
775	775	8 necessary, and appropriate for payment from the Trust Fund
776	776	9 and the court's delivery of the certification to the
777	777	10 Treasurer, the State Treasurer shall pay the certified
778	778	11 compensation and expenses from the money appropriated to
779	779	12 the Treasurer for that purpose, if there are sufficient
780	780	13 moneys in the Trust Fund to make those payments.
781	781	14 (3) A petition for capital litigation expenses or
782	782	15 post-conviction proceeding expenses or expenses incurred
783	783	16 in filing a petition under Section 2-1401 of the Code of
784	784	17 Civil Procedure in relation to capital cases under this
785	785	18 subsection shall be considered under seal and reviewed ex
786	786	19 parte with a court reporter present. Orders denying
787	787	20 petitions for compensation or expenses are final.
788	788	21 (j) If the Trust Fund is discontinued or dissolved by an
789	789	22 Act of the General Assembly or by operation of law, any balance
790	790	23 remaining in the Trust Fund shall be returned to the General
791	791	24 Revenue Fund after deduction of administrative costs, any
792	792	25 other provision of this Act to the contrary notwithstanding.
793	793
794	794
795	795
796	796
797	797
798	798	HB3495 - 21 - LRB103 28275 RLC 54654 b
799	799
800	800
801	801	HB3495- 22 -LRB103 28275 RLC 54654 b HB3495 - 22 - LRB103 28275 RLC 54654 b
802	802	HB3495 - 22 - LRB103 28275 RLC 54654 b
803	803	1 Section 100. The Freedom of Information Act is amended by
804	804	2 changing Section 7.5 as follows:
805	805	3 (5 ILCS 140/7.5)
806	806	4 Sec. 7.5. Statutory exemptions. To the extent provided for
807	807	5 by the statutes referenced below, the following shall be
808	808	6 exempt from inspection and copying:
809	809	7 (a) All information determined to be confidential
810	810	8 under Section 4002 of the Technology Advancement and
811	811	9 Development Act.
812	812	10 (b) Library circulation and order records identifying
813	813	11 library users with specific materials under the Library
814	814	12 Records Confidentiality Act.
815	815	13 (c) Applications, related documents, and medical
816	816	14 records received by the Experimental Organ Transplantation
817	817	15 Procedures Board and any and all documents or other
818	818	16 records prepared by the Experimental Organ Transplantation
819	819	17 Procedures Board or its staff relating to applications it
820	820	18 has received.
821	821	19 (d) Information and records held by the Department of
822	822	20 Public Health and its authorized representatives relating
823	823	21 to known or suspected cases of sexually transmissible
824	824	22 disease or any information the disclosure of which is
825	825	23 restricted under the Illinois Sexually Transmissible
826	826	24 Disease Control Act.
827	827	25 (e) Information the disclosure of which is exempted
828	828
829	829
830	830
831	831
832	832
833	833	HB3495 - 22 - LRB103 28275 RLC 54654 b
834	834
835	835
836	836	HB3495- 23 -LRB103 28275 RLC 54654 b HB3495 - 23 - LRB103 28275 RLC 54654 b
837	837	HB3495 - 23 - LRB103 28275 RLC 54654 b
838	838	1 under Section 30 of the Radon Industry Licensing Act.
839	839	2 (f) Firm performance evaluations under Section 55 of
840	840	3 the Architectural, Engineering, and Land Surveying
841	841	4 Qualifications Based Selection Act.
842	842	5 (g) Information the disclosure of which is restricted
843	843	6 and exempted under Section 50 of the Illinois Prepaid
844	844	7 Tuition Act.
845	845	8 (h) Information the disclosure of which is exempted
846	846	9 under the State Officials and Employees Ethics Act, and
847	847	10 records of any lawfully created State or local inspector
848	848	11 general's office that would be exempt if created or
849	849	12 obtained by an Executive Inspector General's office under
850	850	13 that Act.
851	851	14 (i) Information contained in a local emergency energy
852	852	15 plan submitted to a municipality in accordance with a
853	853	16 local emergency energy plan ordinance that is adopted
854	854	17 under Section 11-21.5-5 of the Illinois Municipal Code.
855	855	18 (j) Information and data concerning the distribution
856	856	19 of surcharge moneys collected and remitted by carriers
857	857	20 under the Emergency Telephone System Act.
858	858	21 (k) Law enforcement officer identification information
859	859	22 or driver identification information compiled by a law
860	860	23 enforcement agency or the Department of Transportation
861	861	24 under Section 11-212 of the Illinois Vehicle Code.
862	862	25 (l) Records and information provided to a residential
863	863	26 health care facility resident sexual assault and death
864	864
865	865
866	866
867	867
868	868
869	869	HB3495 - 23 - LRB103 28275 RLC 54654 b
870	870
871	871
872	872	HB3495- 24 -LRB103 28275 RLC 54654 b HB3495 - 24 - LRB103 28275 RLC 54654 b
873	873	HB3495 - 24 - LRB103 28275 RLC 54654 b
874	874	1 review team or the Executive Council under the Abuse
875	875	2 Prevention Review Team Act.
876	876	3 (m) Information provided to the predatory lending
877	877	4 database created pursuant to Article 3 of the Residential
878	878	5 Real Property Disclosure Act, except to the extent
879	879	6 authorized under that Article.
880	880	7 (n) Defense budgets and petitions for certification of
881	881	8 compensation and expenses for court appointed trial
882	882	9 counsel as provided under Sections 10 and 15 of the
883	883	10 Capital Crimes Litigation Act of 2023. This subsection (n)
884	884	11 shall apply until the conclusion of the trial of the case,
885	885	12 even if the prosecution chooses not to pursue the death
886	886	13 penalty prior to trial or sentencing.
887	887	14 (o) Information that is prohibited from being
888	888	15 disclosed under Section 4 of the Illinois Health and
889	889	16 Hazardous Substances Registry Act.
890	890	17 (p) Security portions of system safety program plans,
891	891	18 investigation reports, surveys, schedules, lists, data, or
892	892	19 information compiled, collected, or prepared by or for the
893	893	20 Department of Transportation under Sections 2705-300 and
894	894	21 2705-616 of the Department of Transportation Law of the
895	895	22 Civil Administrative Code of Illinois, the Regional
896	896	23 Transportation Authority under Section 2.11 of the
897	897	24 Regional Transportation Authority Act, or the St. Clair
898	898	25 County Transit District under the Bi-State Transit Safety
899	899	26 Act.
900	900
901	901
902	902
903	903
904	904
905	905	HB3495 - 24 - LRB103 28275 RLC 54654 b
906	906
907	907
908	908	HB3495- 25 -LRB103 28275 RLC 54654 b HB3495 - 25 - LRB103 28275 RLC 54654 b
909	909	HB3495 - 25 - LRB103 28275 RLC 54654 b
910	910	1 (q) Information prohibited from being disclosed by the
911	911	2 Personnel Record Review Act.
912	912	3 (r) Information prohibited from being disclosed by the
913	913	4 Illinois School Student Records Act.
914	914	5 (s) Information the disclosure of which is restricted
915	915	6 under Section 5-108 of the Public Utilities Act.
916	916	7 (t) All identified or deidentified health information
917	917	8 in the form of health data or medical records contained
918	918	9 in, stored in, submitted to, transferred by, or released
919	919	10 from the Illinois Health Information Exchange, and
920	920	11 identified or deidentified health information in the form
921	921	12 of health data and medical records of the Illinois Health
922	922	13 Information Exchange in the possession of the Illinois
923	923	14 Health Information Exchange Office due to its
924	924	15 administration of the Illinois Health Information
925	925	16 Exchange. The terms "identified" and "deidentified" shall
926	926	17 be given the same meaning as in the Health Insurance
927	927	18 Portability and Accountability Act of 1996, Public Law
928	928	19 104-191, or any subsequent amendments thereto, and any
929	929	20 regulations promulgated thereunder.
930	930	21 (u) Records and information provided to an independent
931	931	22 team of experts under the Developmental Disability and
932	932	23 Mental Health Safety Act (also known as Brian's Law).
933	933	24 (v) Names and information of people who have applied
934	934	25 for or received Firearm Owner's Identification Cards under
935	935	26 the Firearm Owners Identification Card Act or applied for
936	936
937	937
938	938
939	939
940	940
941	941	HB3495 - 25 - LRB103 28275 RLC 54654 b
942	942
943	943
944	944	HB3495- 26 -LRB103 28275 RLC 54654 b HB3495 - 26 - LRB103 28275 RLC 54654 b
945	945	HB3495 - 26 - LRB103 28275 RLC 54654 b
946	946	1 or received a concealed carry license under the Firearm
947	947	2 Concealed Carry Act, unless otherwise authorized by the
948	948	3 Firearm Concealed Carry Act; and databases under the
949	949	4 Firearm Concealed Carry Act, records of the Concealed
950	950	5 Carry Licensing Review Board under the Firearm Concealed
951	951	6 Carry Act, and law enforcement agency objections under the
952	952	7 Firearm Concealed Carry Act.
953	953	8 (v-5) Records of the Firearm Owner's Identification
954	954	9 Card Review Board that are exempted from disclosure under
955	955	10 Section 10 of the Firearm Owners Identification Card Act.
956	956	11 (w) Personally identifiable information which is
957	957	12 exempted from disclosure under subsection (g) of Section
958	958	13 19.1 of the Toll Highway Act.
959	959	14 (x) Information which is exempted from disclosure
960	960	15 under Section 5-1014.3 of the Counties Code or Section
961	961	16 8-11-21 of the Illinois Municipal Code.
962	962	17 (y) Confidential information under the Adult
963	963	18 Protective Services Act and its predecessor enabling
964	964	19 statute, the Elder Abuse and Neglect Act, including
965	965	20 information about the identity and administrative finding
966	966	21 against any caregiver of a verified and substantiated
967	967	22 decision of abuse, neglect, or financial exploitation of
968	968	23 an eligible adult maintained in the Registry established
969	969	24 under Section 7.5 of the Adult Protective Services Act.
970	970	25 (z) Records and information provided to a fatality
971	971	26 review team or the Illinois Fatality Review Team Advisory
972	972
973	973
974	974
975	975
976	976
977	977	HB3495 - 26 - LRB103 28275 RLC 54654 b
978	978
979	979
980	980	HB3495- 27 -LRB103 28275 RLC 54654 b HB3495 - 27 - LRB103 28275 RLC 54654 b
981	981	HB3495 - 27 - LRB103 28275 RLC 54654 b
982	982	1 Council under Section 15 of the Adult Protective Services
983	983	2 Act.
984	984	3 (aa) Information which is exempted from disclosure
985	985	4 under Section 2.37 of the Wildlife Code.
986	986	5 (bb) Information which is or was prohibited from
987	987	6 disclosure by the Juvenile Court Act of 1987.
988	988	7 (cc) Recordings made under the Law Enforcement
989	989	8 Officer-Worn Body Camera Act, except to the extent
990	990	9 authorized under that Act.
991	991	10 (dd) Information that is prohibited from being
992	992	11 disclosed under Section 45 of the Condominium and Common
993	993	12 Interest Community Ombudsperson Act.
994	994	13 (ee) Information that is exempted from disclosure
995	995	14 under Section 30.1 of the Pharmacy Practice Act.
996	996	15 (ff) Information that is exempted from disclosure
997	997	16 under the Revised Uniform Unclaimed Property Act.
998	998	17 (gg) Information that is prohibited from being
999	999	18 disclosed under Section 7-603.5 of the Illinois Vehicle
1000	1000	19 Code.
1001	1001	20 (hh) Records that are exempt from disclosure under
1002	1002	21 Section 1A-16.7 of the Election Code.
1003	1003	22 (ii) Information which is exempted from disclosure
1004	1004	23 under Section 2505-800 of the Department of Revenue Law of
1005	1005	24 the Civil Administrative Code of Illinois.
1006	1006	25 (jj) Information and reports that are required to be
1007	1007	26 submitted to the Department of Labor by registering day
1008	1008
1009	1009
1010	1010
1011	1011
1012	1012
1013	1013	HB3495 - 27 - LRB103 28275 RLC 54654 b
1014	1014
1015	1015
1016	1016	HB3495- 28 -LRB103 28275 RLC 54654 b HB3495 - 28 - LRB103 28275 RLC 54654 b
1017	1017	HB3495 - 28 - LRB103 28275 RLC 54654 b
1018	1018	1 and temporary labor service agencies but are exempt from
1019	1019	2 disclosure under subsection (a-1) of Section 45 of the Day
1020	1020	3 and Temporary Labor Services Act.
1021	1021	4 (kk) Information prohibited from disclosure under the
1022	1022	5 Seizure and Forfeiture Reporting Act.
1023	1023	6 (ll) Information the disclosure of which is restricted
1024	1024	7 and exempted under Section 5-30.8 of the Illinois Public
1025	1025	8 Aid Code.
1026	1026	9 (mm) Records that are exempt from disclosure under
1027	1027	10 Section 4.2 of the Crime Victims Compensation Act.
1028	1028	11 (nn) Information that is exempt from disclosure under
1029	1029	12 Section 70 of the Higher Education Student Assistance Act.
1030	1030	13 (oo) Communications, notes, records, and reports
1031	1031	14 arising out of a peer support counseling session
1032	1032	15 prohibited from disclosure under the First Responders
1033	1033	16 Suicide Prevention Act.
1034	1034	17 (pp) Names and all identifying information relating to
1035	1035	18 an employee of an emergency services provider or law
1036	1036	19 enforcement agency under the First Responders Suicide
1037	1037	20 Prevention Act.
1038	1038	21 (qq) Information and records held by the Department of
1039	1039	22 Public Health and its authorized representatives collected
1040	1040	23 under the Reproductive Health Act.
1041	1041	24 (rr) Information that is exempt from disclosure under
1042	1042	25 the Cannabis Regulation and Tax Act.
1043	1043	26 (ss) Data reported by an employer to the Department of
1044	1044
1045	1045
1046	1046
1047	1047
1048	1048
1049	1049	HB3495 - 28 - LRB103 28275 RLC 54654 b
1050	1050
1051	1051
1052	1052	HB3495- 29 -LRB103 28275 RLC 54654 b HB3495 - 29 - LRB103 28275 RLC 54654 b
1053	1053	HB3495 - 29 - LRB103 28275 RLC 54654 b
1054	1054	1 Human Rights pursuant to Section 2-108 of the Illinois
1055	1055	2 Human Rights Act.
1056	1056	3 (tt) Recordings made under the Children's Advocacy
1057	1057	4 Center Act, except to the extent authorized under that
1058	1058	5 Act.
1059	1059	6 (uu) Information that is exempt from disclosure under
1060	1060	7 Section 50 of the Sexual Assault Evidence Submission Act.
1061	1061	8 (vv) Information that is exempt from disclosure under
1062	1062	9 subsections (f) and (j) of Section 5-36 of the Illinois
1063	1063	10 Public Aid Code.
1064	1064	11 (ww) Information that is exempt from disclosure under
1065	1065	12 Section 16.8 of the State Treasurer Act.
1066	1066	13 (xx) Information that is exempt from disclosure or
1067	1067	14 information that shall not be made public under the
1068	1068	15 Illinois Insurance Code.
1069	1069	16 (yy) Information prohibited from being disclosed under
1070	1070	17 the Illinois Educational Labor Relations Act.
1071	1071	18 (zz) Information prohibited from being disclosed under
1072	1072	19 the Illinois Public Labor Relations Act.
1073	1073	20 (aaa) Information prohibited from being disclosed
1074	1074	21 under Section 1-167 of the Illinois Pension Code.
1075	1075	22 (bbb) Information that is prohibited from disclosure
1076	1076	23 by the Illinois Police Training Act and the Illinois State
1077	1077	24 Police Act.
1078	1078	25 (ccc) Records exempt from disclosure under Section
1079	1079	26 2605-304 of the Illinois State Police Law of the Civil
1080	1080
1081	1081
1082	1082
1083	1083
1084	1084
1085	1085	HB3495 - 29 - LRB103 28275 RLC 54654 b
1086	1086
1087	1087
1088	1088	HB3495- 30 -LRB103 28275 RLC 54654 b HB3495 - 30 - LRB103 28275 RLC 54654 b
1089	1089	HB3495 - 30 - LRB103 28275 RLC 54654 b
1090	1090	1 Administrative Code of Illinois.
1091	1091	2 (ddd) Information prohibited from being disclosed
1092	1092	3 under Section 35 of the Address Confidentiality for
1093	1093	4 Victims of Domestic Violence, Sexual Assault, Human
1094	1094	5 Trafficking, or Stalking Act.
1095	1095	6 (eee) Information prohibited from being disclosed
1096	1096	7 under subsection (b) of Section 75 of the Domestic
1097	1097	8 Violence Fatality Review Act.
1098	1098	9 (fff) Images from cameras under the Expressway Camera
1099	1099	10 Act. This subsection (fff) is inoperative on and after
1100	1100	11 July 1, 2023.
1101	1101	12 (ggg) Information prohibited from disclosure under
1102	1102	13 paragraph (3) of subsection (a) of Section 14 of the Nurse
1103	1103	14 Agency Licensing Act.
1104	1104	15 (hhh) Information submitted to the Department of State
1105	1105	16 Police in an affidavit or application for an assault
1106	1106	17 weapon endorsement, assault weapon attachment endorsement,
1107	1107	18 .50 caliber rifle endorsement, or .50 caliber cartridge
1108	1108	19 endorsement under the Firearm Owners Identification Card
1109	1109	20 Act.
1110	1110	21 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
1111	1111	22 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1112	1112	23 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
1113	1113	24 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
1114	1114	25 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1115	1115	26 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
1116	1116
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121	HB3495 - 30 - LRB103 28275 RLC 54654 b
1122	1122
1123	1123
1124	1124	HB3495- 31 -LRB103 28275 RLC 54654 b HB3495 - 31 - LRB103 28275 RLC 54654 b
1125	1125	HB3495 - 31 - LRB103 28275 RLC 54654 b
1126	1126	1 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
1127	1127	2 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
1128	1128	3 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
1129	1129	4 Section 105. The State Finance Act is amended by adding
1130	1130	5 Section 5.990 as follows:
1131	1131	6 (30 ILCS 105/5.990 new)
1132	1132	7 Sec. 5.990. The Capital Litigation Trust Fund.
1133	1133	8 Section 110. The Criminal Code of 2012 is amended by
1134	1134	9 changing Section 9-1 as follows:
1135	1135	10 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
1136	1136	11 Sec. 9-1. First degree murder; death penalties;
1137	1137	12 exceptions; separate hearings; proof; findings; appellate
1138	1138	13 procedures; reversals.
1139	1139	14 (a) A person who kills an individual without lawful
1140	1140	15 justification commits first degree murder if, in performing
1141	1141	16 the acts which cause the death:
1142	1142	17 (1) he or she either intends to kill or do great bodily
1143	1143	18 harm to that individual or another, or knows that such
1144	1144	19 acts will cause death to that individual or another; or
1145	1145	20 (2) he or she knows that such acts create a strong
1146	1146	21 probability of death or great bodily harm to that
1147	1147	22 individual or another; or
1148	1148
1149	1149
1150	1150
1151	1151
1152	1152
1153	1153	HB3495 - 31 - LRB103 28275 RLC 54654 b
1154	1154
1155	1155
1156	1156	HB3495- 32 -LRB103 28275 RLC 54654 b HB3495 - 32 - LRB103 28275 RLC 54654 b
1157	1157	HB3495 - 32 - LRB103 28275 RLC 54654 b
1158	1158	1 (3) he or she, acting alone or with one or more
1159	1159	2 participants, commits or attempts to commit a forcible
1160	1160	3 felony other than second degree murder, and in the course
1161	1161	4 of or in furtherance of such crime or flight therefrom, he
1162	1162	5 or she or another participant causes the death of a
1163	1163	6 person.
1164	1164	7 (b) Aggravating Factors. A defendant who at the time of
1165	1165	8 the commission of the offense has attained the age of 18 or
1166	1166	9 more and who has been found guilty of first degree murder may
1167	1167	10 be sentenced to death if:
1168	1168	11 (1) the murdered individual was a peace officer or
1169	1169	12 fireman killed in the course of performing his or her
1170	1170	13 official duties, to prevent the performance of his or her
1171	1171	14 official duties, or in retaliation for performing his or
1172	1172	15 her official duties, and the defendant knew or should have
1173	1173	16 known that the murdered individual was a peace officer or
1174	1174	17 fireman; or
1175	1175	18 (1.5) the murdered individual was a firefighter killed
1176	1176	19 in the course of performing his or her official duties, to
1177	1177	20 prevent the performance of his or her official duties, or
1178	1178	21 in retaliation for performing his or her official duties,
1179	1179	22 and the defendant knew or should have known that the
1180	1180	23 murdered individual was a firefighter; or
1181	1181	24 (2) the murdered individual was an employee of an
1182	1182	25 institution or facility of the Department of Corrections,
1183	1183	26 or any similar local correctional agency, killed in the
1184	1184
1185	1185
1186	1186
1187	1187
1188	1188
1189	1189	HB3495 - 32 - LRB103 28275 RLC 54654 b
1190	1190
1191	1191
1192	1192	HB3495- 33 -LRB103 28275 RLC 54654 b HB3495 - 33 - LRB103 28275 RLC 54654 b
1193	1193	HB3495 - 33 - LRB103 28275 RLC 54654 b
1194	1194	1 course of performing his or her official duties, to
1195	1195	2 prevent the performance of his or her official duties, or
1196	1196	3 in retaliation for performing his or her official duties,
1197	1197	4 or the murdered individual was an inmate at such
1198	1198	5 institution or facility and was killed on the grounds
1199	1199	6 thereof, or the murdered individual was otherwise present
1200	1200	7 in such institution or facility with the knowledge and
1201	1201	8 approval of the chief administrative officer thereof; or
1202	1202	9 (3) the defendant has been convicted of murdering two
1203	1203	10 or more individuals under subsection (a) of this Section
1204	1204	11 or under any law of the United States or of any state which
1205	1205	12 is substantially similar to subsection (a) of this Section
1206	1206	13 regardless of whether the deaths occurred as the result of
1207	1207	14 the same act or of several related or unrelated acts so
1208	1208	15 long as the deaths were the result of either an intent to
1209	1209	16 kill more than one person or of separate acts which the
1210	1210	17 defendant knew would cause death or create a strong
1211	1211	18 probability of death or great bodily harm to the murdered
1212	1212	19 individual or another; or
1213	1213	20 (4) the murdered individual was killed as a result of
1214	1214	21 the hijacking of an airplane, train, ship, bus, or other
1215	1215	22 public conveyance; or
1216	1216	23 (5) the defendant committed the murder pursuant to a
1217	1217	24 contract, agreement, or understanding by which he or she
1218	1218	25 was to receive money or anything of value in return for
1219	1219	26 committing the murder or procured another to commit the
1220	1220
1221	1221
1222	1222
1223	1223
1224	1224
1225	1225	HB3495 - 33 - LRB103 28275 RLC 54654 b
1226	1226
1227	1227
1228	1228	HB3495- 34 -LRB103 28275 RLC 54654 b HB3495 - 34 - LRB103 28275 RLC 54654 b
1229	1229	HB3495 - 34 - LRB103 28275 RLC 54654 b
1230	1230	1 murder for money or anything of value; or
1231	1231	2 (6) the murdered individual was killed in the course
1232	1232	3 of another felony if:
1233	1233	4 (A) (a) the murdered individual:
1234	1234	5 (i) was actually killed by the defendant, or
1235	1235	6 (ii) received physical injuries personally
1236	1236	7 inflicted by the defendant substantially
1237	1237	8 contemporaneously with physical injuries caused by
1238	1238	9 one or more persons for whose conduct the
1239	1239	10 defendant is legally accountable under Section 5-2
1240	1240	11 of this Code, and the physical injuries inflicted
1241	1241	12 by either the defendant or the other person or
1242	1242	13 persons for whose conduct he is legally
1243	1243	14 accountable caused the death of the murdered
1244	1244	15 individual; and
1245	1245	16 (B) (b) in performing the acts which caused the
1246	1246	17 death of the murdered individual or which resulted in
1247	1247	18 physical injuries personally inflicted by the
1248	1248	19 defendant on the murdered individual under the
1249	1249	20 circumstances of subdivision (ii) of subparagraph (A)
1250	1250	21 (a) of paragraph (6) of subsection (b) of this
1251	1251	22 Section, the defendant acted with the intent to kill
1252	1252	23 the murdered individual or with the knowledge that his
1253	1253	24 acts created a strong probability of death or great
1254	1254	25 bodily harm to the murdered individual or another; and
1255	1255	26 (C) (c) the other felony was an inherently violent
1256	1256
1257	1257
1258	1258
1259	1259
1260	1260
1261	1261	HB3495 - 34 - LRB103 28275 RLC 54654 b
1262	1262
1263	1263
1264	1264	HB3495- 35 -LRB103 28275 RLC 54654 b HB3495 - 35 - LRB103 28275 RLC 54654 b
1265	1265	HB3495 - 35 - LRB103 28275 RLC 54654 b
1266	1266	1 crime or the attempt to commit an inherently violent
1267	1267	2 crime. In this subparagraph (C) (c), "inherently
1268	1268	3 violent crime" includes, but is not limited to, armed
1269	1269	4 robbery, robbery, predatory criminal sexual assault of
1270	1270	5 a child, aggravated criminal sexual assault,
1271	1271	6 aggravated kidnapping, aggravated vehicular hijacking,
1272	1272	7 aggravated arson, aggravated stalking, residential
1273	1273	8 burglary, and home invasion; or
1274	1274	9 (7) the murdered individual was under 12 years of age
1275	1275	10 and the death resulted from exceptionally brutal or
1276	1276	11 heinous behavior indicative of wanton cruelty; or
1277	1277	12 (8) the defendant committed the murder with intent to
1278	1278	13 prevent the murdered individual from testifying or
1279	1279	14 participating in any criminal investigation or prosecution
1280	1280	15 or giving material assistance to the State in any
1281	1281	16 investigation or prosecution, either against the defendant
1282	1282	17 or another; or the defendant committed the murder because
1283	1283	18 the murdered individual was a witness in any prosecution
1284	1284	19 or gave material assistance to the State in any
1285	1285	20 investigation or prosecution, either against the defendant
1286	1286	21 or another; for purposes of this paragraph (8),
1287	1287	22 "participating in any criminal investigation or
1288	1288	23 prosecution" is intended to include those appearing in the
1289	1289	24 proceedings in any capacity such as trial judges,
1290	1290	25 prosecutors, defense attorneys, investigators, witnesses,
1291	1291	26 or jurors; or
1292	1292
1293	1293
1294	1294
1295	1295
1296	1296
1297	1297	HB3495 - 35 - LRB103 28275 RLC 54654 b
1298	1298
1299	1299
1300	1300	HB3495- 36 -LRB103 28275 RLC 54654 b HB3495 - 36 - LRB103 28275 RLC 54654 b
1301	1301	HB3495 - 36 - LRB103 28275 RLC 54654 b
1302	1302	1 (9) the defendant, while committing an offense
1303	1303	2 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
1304	1304	3 407 or 407.1 or subsection (b) of Section 404 of the
1305	1305	4 Illinois Controlled Substances Act, or while engaged in a
1306	1306	5 conspiracy or solicitation to commit such offense,
1307	1307	6 intentionally killed an individual or counseled,
1308	1308	7 commanded, induced, procured or caused the intentional
1309	1309	8 killing of the murdered individual; or
1310	1310	9 (10) the defendant was incarcerated in an institution
1311	1311	10 or facility of the Department of Corrections at the time
1312	1312	11 of the murder, and while committing an offense punishable
1313	1313	12 as a felony under Illinois law, or while engaged in a
1314	1314	13 conspiracy or solicitation to commit such offense,
1315	1315	14 intentionally killed an individual or counseled,
1316	1316	15 commanded, induced, procured or caused the intentional
1317	1317	16 killing of the murdered individual; or
1318	1318	17 (11) the murder was committed in a cold, calculated
1319	1319	18 and premeditated manner pursuant to a preconceived plan,
1320	1320	19 scheme or design to take a human life by unlawful means,
1321	1321	20 and the conduct of the defendant created a reasonable
1322	1322	21 expectation that the death of a human being would result
1323	1323	22 therefrom; or
1324	1324	23 (12) the murdered individual was an emergency medical
1325	1325	24 technician - ambulance, emergency medical technician -
1326	1326	25 intermediate, emergency medical technician - paramedic,
1327	1327	26 ambulance driver, or other medical assistance or first aid
1328	1328
1329	1329
1330	1330
1331	1331
1332	1332
1333	1333	HB3495 - 36 - LRB103 28275 RLC 54654 b
1334	1334
1335	1335
1336	1336	HB3495- 37 -LRB103 28275 RLC 54654 b HB3495 - 37 - LRB103 28275 RLC 54654 b
1337	1337	HB3495 - 37 - LRB103 28275 RLC 54654 b
1338	1338	1 personnel, employed by a municipality or other
1339	1339	2 governmental unit, killed in the course of performing his
1340	1340	3 official duties, to prevent the performance of his
1341	1341	4 official duties, or in retaliation for performing his
1342	1342	5 official duties, and the defendant knew or should have
1343	1343	6 known that the murdered individual was an emergency
1344	1344	7 medical technician - ambulance, emergency medical
1345	1345	8 technician - intermediate, emergency medical technician -
1346	1346	9 paramedic, ambulance driver, or other medical assistance
1347	1347	10 or first aid personnel; or
1348	1348	11 (13) the defendant was a principal administrator,
1349	1349	12 organizer, or leader of a calculated criminal drug
1350	1350	13 conspiracy consisting of a hierarchical position of
1351	1351	14 authority superior to that of all other members of the
1352	1352	15 conspiracy, and the defendant counseled, commanded,
1353	1353	16 induced, procured, or caused the intentional killing of
1354	1354	17 the murdered person; or
1355	1355	18 (14) the murder was intentional and involved the
1356	1356	19 infliction of torture. For the purpose of this Section
1357	1357	20 torture means the infliction of or subjection to extreme
1358	1358	21 physical pain, motivated by an intent to increase or
1359	1359	22 prolong the pain, suffering or agony of the victim; or
1360	1360	23 (15) the murder was committed as a result of the
1361	1361	24 intentional discharge of a firearm by the defendant from a
1362	1362	25 motor vehicle and the victim was not present within the
1363	1363	26 motor vehicle; or
1364	1364
1365	1365
1366	1366
1367	1367
1368	1368
1369	1369	HB3495 - 37 - LRB103 28275 RLC 54654 b
1370	1370
1371	1371
1372	1372	HB3495- 38 -LRB103 28275 RLC 54654 b HB3495 - 38 - LRB103 28275 RLC 54654 b
1373	1373	HB3495 - 38 - LRB103 28275 RLC 54654 b
1374	1374	1 (16) the murdered individual was 60 years of age or
1375	1375	2 older and the death resulted from exceptionally brutal or
1376	1376	3 heinous behavior indicative of wanton cruelty; or
1377	1377	4 (17) the murdered individual was a person with a
1378	1378	5 disability and the defendant knew or should have known
1379	1379	6 that the murdered individual was a person with a
1380	1380	7 disability. For purposes of this paragraph (17), "person
1381	1381	8 with a disability" means a person who suffers from a
1382	1382	9 permanent physical or mental impairment resulting from
1383	1383	10 disease, an injury, a functional disorder, or a congenital
1384	1384	11 condition that renders the person incapable of adequately
1385	1385	12 providing for his or her own health or personal care; or
1386	1386	13 (18) the murder was committed by reason of any
1387	1387	14 person's activity as a community policing volunteer or to
1388	1388	15 prevent any person from engaging in activity as a
1389	1389	16 community policing volunteer; or
1390	1390	17 (19) the murdered individual was subject to an order
1391	1391	18 of protection and the murder was committed by a person
1392	1392	19 against whom the same order of protection was issued under
1393	1393	20 the Illinois Domestic Violence Act of 1986; or
1394	1394	21 (20) the murdered individual was known by the
1395	1395	22 defendant to be a teacher or other person employed in any
1396	1396	23 school and the teacher or other employee is upon the
1397	1397	24 grounds of a school or grounds adjacent to a school, or is
1398	1398	25 in any part of a building used for school purposes; or
1399	1399	26 (21) the murder was committed by the defendant in
1400	1400
1401	1401
1402	1402
1403	1403
1404	1404
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1406	1406
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1410	1410	1 connection with or as a result of the offense of terrorism
1411	1411	2 as defined in Section 29D-14.9 of this Code; or
1412	1412	3 (22) the murdered individual was a member of a
1413	1413	4 congregation engaged in prayer or other religious
1414	1414	5 activities at a church, synagogue, mosque, or other
1415	1415	6 building, structure, or place used for religious worship.
1416	1416	7 (b-5) Aggravating Factor; Natural Life Imprisonment. A
1417	1417	8 defendant who has been found guilty of first degree murder and
1418	1418	9 who at the time of the commission of the offense had attained
1419	1419	10 the age of 18 years or more may be sentenced to natural life
1420	1420	11 imprisonment if (i) the murdered individual was a physician,
1421	1421	12 physician assistant, psychologist, nurse, or advanced practice
1422	1422	13 registered nurse, (ii) the defendant knew or should have known
1423	1423	14 that the murdered individual was a physician, physician
1424	1424	15 assistant, psychologist, nurse, or advanced practice
1425	1425	16 registered nurse, and (iii) the murdered individual was killed
1426	1426	17 in the course of acting in his or her capacity as a physician,
1427	1427	18 physician assistant, psychologist, nurse, or advanced practice
1428	1428	19 registered nurse, or to prevent him or her from acting in that
1429	1429	20 capacity, or in retaliation for his or her acting in that
1430	1430	21 capacity.
1431	1431	22 (c) Consideration of factors in Aggravation and
1432	1432	23 Mitigation.
1433	1433	24 The court shall consider, or shall instruct the jury to
1434	1434	25 consider any aggravating and any mitigating factors which are
1435	1435	26 relevant to the imposition of the death penalty. Aggravating
1436	1436
1437	1437
1438	1438
1439	1439
1440	1440
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1442	1442
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1445	1445	HB3495 - 40 - LRB103 28275 RLC 54654 b
1446	1446	1 factors may include but need not be limited to those factors
1447	1447	2 set forth in subsection (b). Mitigating factors may include
1448	1448	3 but need not be limited to the following:
1449	1449	4 (1) the defendant has no significant history of prior
1450	1450	5 criminal activity;
1451	1451	6 (2) the murder was committed while the defendant was
1452	1452	7 under the influence of extreme mental or emotional
1453	1453	8 disturbance, although not such as to constitute a defense
1454	1454	9 to prosecution;
1455	1455	10 (3) the murdered individual was a participant in the
1456	1456	11 defendant's homicidal conduct or consented to the
1457	1457	12 homicidal act;
1458	1458	13 (4) the defendant acted under the compulsion of threat
1459	1459	14 or menace of the imminent infliction of death or great
1460	1460	15 bodily harm;
1461	1461	16 (5) the defendant was not personally present during
1462	1462	17 commission of the act or acts causing death;
1463	1463	18 (6) the defendant's background includes a history of
1464	1464	19 extreme emotional or physical abuse;
1465	1465	20 (7) the defendant suffers from a reduced mental
1466	1466	21 capacity.
1467	1467	22 Provided, however, that an action that does not otherwise
1468	1468	23 mitigate first degree murder cannot qualify as a mitigating
1469	1469	24 factor for first degree murder because of the discovery,
1470	1470	25 knowledge, or disclosure of the victim's sexual orientation as
1471	1471	26 defined in Section 1-103 of the Illinois Human Rights Act.
1472	1472
1473	1473
1474	1474
1475	1475
1476	1476
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1478	1478
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1482	1482	1 (d) Separate sentencing hearing.
1483	1483	2 Where requested by the State, the court shall conduct a
1484	1484	3 separate sentencing proceeding to determine the existence of
1485	1485	4 factors set forth in subsection (b) and to consider any
1486	1486	5 aggravating or mitigating factors as indicated in subsection
1487	1487	6 (c). The proceeding shall be conducted:
1488	1488	7 (1) before the jury that determined the defendant's
1489	1489	8 guilt; or
1490	1490	9 (2) before a jury impanelled for the purpose of the
1491	1491	10 proceeding if:
1492	1492	11 A. the defendant was convicted upon a plea of
1493	1493	12 guilty; or
1494	1494	13 B. the defendant was convicted after a trial
1495	1495	14 before the court sitting without a jury; or
1496	1496	15 C. the court for good cause shown discharges the
1497	1497	16 jury that determined the defendant's guilt; or
1498	1498	17 (3) before the court alone if the defendant waives a
1499	1499	18 jury for the separate proceeding.
1500	1500	19 (e) Evidence and Argument.
1501	1501	20 During the proceeding any information relevant to any of
1502	1502	21 the factors set forth in subsection (b) may be presented by
1503	1503	22 either the State or the defendant under the rules governing
1504	1504	23 the admission of evidence at criminal trials. Any information
1505	1505	24 relevant to any additional aggravating factors or any
1506	1506	25 mitigating factors indicated in subsection (c) may be
1507	1507	26 presented by the State or defendant regardless of its
1508	1508
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1517	1517	HB3495 - 42 - LRB103 28275 RLC 54654 b
1518	1518	1 admissibility under the rules governing the admission of
1519	1519	2 evidence at criminal trials. The State and the defendant shall
1520	1520	3 be given fair opportunity to rebut any information received at
1521	1521	4 the hearing.
1522	1522	5 (f) Proof.
1523	1523	6 The burden of proof of establishing the existence of any
1524	1524	7 of the factors set forth in subsection (b) is on the State and
1525	1525	8 shall not be satisfied unless established beyond a reasonable
1526	1526	9 doubt.
1527	1527	10 (g) Procedure - Jury.
1528	1528	11 If at the separate sentencing proceeding the jury finds
1529	1529	12 that none of the factors set forth in subsection (b) exists,
1530	1530	13 the court shall sentence the defendant to a term of
1531	1531	14 imprisonment under Chapter V of the Unified Code of
1532	1532	15 Corrections. If there is a unanimous finding by the jury that
1533	1533	16 one or more of the factors set forth in subsection (b) exist,
1534	1534	17 the jury shall consider aggravating and mitigating factors as
1535	1535	18 instructed by the court and shall determine whether the
1536	1536	19 sentence of death shall be imposed. If the jury determines
1537	1537	20 unanimously, after weighing the factors in aggravation and
1538	1538	21 mitigation, that death is the appropriate sentence, the court
1539	1539	22 shall sentence the defendant to death. If the court does not
1540	1540	23 concur with the jury determination that death is the
1541	1541	24 appropriate sentence, the court shall set forth reasons in
1542	1542	25 writing including what facts or circumstances the court relied
1543	1543	26 upon, along with any relevant documents, that compelled the
1544	1544
1545	1545
1546	1546
1547	1547
1548	1548
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1554	1554	1 court to non-concur with the sentence. This document and any
1555	1555	2 attachments shall be part of the record for appellate review.
1556	1556	3 The court shall be bound by the jury's sentencing
1557	1557	4 determination.
1558	1558	5 If after weighing the factors in aggravation and
1559	1559	6 mitigation, one or more jurors determines that death is not
1560	1560	7 the appropriate sentence, the court shall sentence the
1561	1561	8 defendant to a term of imprisonment under Chapter V of the
1562	1562	9 Unified Code of Corrections.
1563	1563	10 (h) Procedure - No Jury.
1564	1564	11 In a proceeding before the court alone, if the court finds
1565	1565	12 that none of the factors found in subsection (b) exists, the
1566	1566	13 court shall sentence the defendant to a term of imprisonment
1567	1567	14 under Chapter V of the Unified Code of Corrections.
1568	1568	15 If the Court determines that one or more of the factors set
1569	1569	16 forth in subsection (b) exists, the Court shall consider any
1570	1570	17 aggravating and mitigating factors as indicated in subsection
1571	1571	18 (c). If the Court determines, after weighing the factors in
1572	1572	19 aggravation and mitigation, that death is the appropriate
1573	1573	20 sentence, the Court shall sentence the defendant to death.
1574	1574	21 If the court finds that death is not the appropriate
1575	1575	22 sentence, the court shall sentence the defendant to a term of
1576	1576	23 imprisonment under Chapter V of the Unified Code of
1577	1577	24 Corrections.
1578	1578	25 (h-5) Decertification as a capital case.
1579	1579	26 In a case in which the defendant has been found guilty of
1580	1580
1581	1581
1582	1582
1583	1583
1584	1584
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1586	1586
1587	1587
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1590	1590	1 first degree murder by a judge or jury, or a case on remand for
1591	1591	2 resentencing, and the State seeks the death penalty as an
1592	1592	3 appropriate sentence, on the court's own motion or the written
1593	1593	4 motion of the defendant, the court may decertify the case as a
1594	1594	5 death penalty case if the court finds that the only evidence
1595	1595	6 supporting the defendant's conviction is the uncorroborated
1596	1596	7 testimony of an informant witness, as defined in Section
1597	1597	8 115-21 of the Code of Criminal Procedure of 1963, concerning
1598	1598	9 the confession or admission of the defendant or that the sole
1599	1599	10 evidence against the defendant is a single eyewitness or
1600	1600	11 single accomplice without any other corroborating evidence. If
1601	1601	12 the court decertifies the case as a capital case under either
1602	1602	13 of the grounds set forth above, the court shall issue a written
1603	1603	14 finding. The State may pursue its right to appeal the
1604	1604	15 decertification pursuant to Supreme Court Rule 604(a)(1). If
1605	1605	16 the court does not decertify the case as a capital case, the
1606	1606	17 matter shall proceed to the eligibility phase of the
1607	1607	18 sentencing hearing.
1608	1608	19 (i) Appellate Procedure.
1609	1609	20 The conviction and sentence of death shall be subject to
1610	1610	21 automatic review by the Supreme Court. Such review shall be in
1611	1611	22 accordance with rules promulgated by the Supreme Court. The
1612	1612	23 Illinois Supreme Court may overturn the death sentence, and
1613	1613	24 order the imposition of imprisonment under Chapter V of the
1614	1614	25 Unified Code of Corrections if the court finds that the death
1615	1615	26 sentence is fundamentally unjust as applied to the particular
1616	1616
1617	1617
1618	1618
1619	1619
1620	1620
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1622	1622
1623	1623
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1625	1625	HB3495 - 45 - LRB103 28275 RLC 54654 b
1626	1626	1 case. If the Illinois Supreme Court finds that the death
1627	1627	2 sentence is fundamentally unjust as applied to the particular
1628	1628	3 case, independent of any procedural grounds for relief, the
1629	1629	4 Illinois Supreme Court shall issue a written opinion
1630	1630	5 explaining this finding.
1631	1631	6 (j) Disposition of reversed death sentence.
1632	1632	7 In the event that the death penalty in this Act is held to
1633	1633	8 be unconstitutional by the Supreme Court of the United States
1634	1634	9 or of the State of Illinois, any person convicted of first
1635	1635	10 degree murder shall be sentenced by the court to a term of
1636	1636	11 imprisonment under Chapter V of the Unified Code of
1637	1637	12 Corrections.
1638	1638	13 In the event that any death sentence pursuant to the
1639	1639	14 sentencing provisions of this Section is declared
1640	1640	15 unconstitutional by the Supreme Court of the United States or
1641	1641	16 of the State of Illinois, the court having jurisdiction over a
1642	1642	17 person previously sentenced to death shall cause the defendant
1643	1643	18 to be brought before the court, and the court shall sentence
1644	1644	19 the defendant to a term of imprisonment under Chapter V of the
1645	1645	20 Unified Code of Corrections.
1646	1646	21 (k) Guidelines for seeking the death penalty.
1647	1647	22 The Attorney General and State's Attorneys Association
1648	1648	23 shall consult on voluntary guidelines for procedures governing
1649	1649	24 whether or not to seek the death penalty. The guidelines do not
1650	1650	25 have the force of law and are only advisory in nature.
1651	1651	26 (Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
1652	1652
1653	1653
1654	1654
1655	1655
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1658	1658
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1661	1661	HB3495 - 46 - LRB103 28275 RLC 54654 b
1662	1662	1 100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.
1663	1663	2 7-1-21.)
1664	1664	3 Section 115. The Code of Criminal Procedure of 1963 is
1665	1665	4 amended by changing Sections 113-3 and 119-1 as follows:
1666	1666	5 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
1667	1667	6 Sec. 113-3. (a) Every person charged with an offense shall
1668	1668	7 be allowed counsel before pleading to the charge. If the
1669	1669	8 defendant desires counsel and has been unable to obtain same
1670	1670	9 before arraignment the court shall recess court or continue
1671	1671	10 the cause for a reasonable time to permit defendant to obtain
1672	1672	11 counsel and consult with him before pleading to the charge. If
1673	1673	12 the accused is a dissolved corporation, and is not represented
1674	1674	13 by counsel, the court may, in the interest of justice, appoint
1675	1675	14 as counsel a licensed attorney of this State.
1676	1676	15 (b) In all cases, except where the penalty is a fine only,
1677	1677	16 if the court determines that the defendant is indigent and
1678	1678	17 desires counsel, the Public Defender shall be appointed as
1679	1679	18 counsel. If there is no Public Defender in the county or if the
1680	1680	19 defendant requests counsel other than the Public Defender and
1681	1681	20 the court finds that the rights of the defendant will be
1682	1682	21 prejudiced by the appointment of the Public Defender, the
1683	1683	22 court shall appoint as counsel a licensed attorney at law of
1684	1684	23 this State, except that in a county having a population of
1685	1685	24 2,000,000 or more the Public Defender shall be appointed as
1686	1686
1687	1687
1688	1688
1689	1689
1690	1690
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1692	1692
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1696	1696	1 counsel in all misdemeanor cases where the defendant is
1697	1697	2 indigent and desires counsel unless the case involves multiple
1698	1698	3 defendants, in which case the court may appoint counsel other
1699	1699	4 than the Public Defender for the additional defendants. The
1700	1700	5 court shall require an affidavit signed by any defendant who
1701	1701	6 requests court-appointed counsel. Such affidavit shall be in
1702	1702	7 the form established by the Supreme Court containing
1703	1703	8 sufficient information to ascertain the assets and liabilities
1704	1704	9 of that defendant. The Court may direct the Clerk of the
1705	1705	10 Circuit Court to assist the defendant in the completion of the
1706	1706	11 affidavit. Any person who knowingly files such affidavit
1707	1707	12 containing false information concerning his assets and
1708	1708	13 liabilities shall be liable to the county where the case, in
1709	1709	14 which such false affidavit is filed, is pending for the
1710	1710	15 reasonable value of the services rendered by the public
1711	1711	16 defender or other court-appointed counsel in the case to the
1712	1712	17 extent that such services were unjustly or falsely procured.
1713	1713	18 (c) Upon the filing with the court of a verified statement
1714	1714	19 of services rendered the court shall order the county
1715	1715	20 treasurer of the county of trial to pay counsel other than the
1716	1716	21 Public Defender a reasonable fee. The court shall consider all
1717	1717	22 relevant circumstances, including but not limited to the time
1718	1718	23 spent while court is in session, other time spent in
1719	1719	24 representing the defendant, and expenses reasonably incurred
1720	1720	25 by counsel. In counties with a population greater than
1721	1721	26 2,000,000, the court shall order the county treasurer of the
1722	1722
1723	1723
1724	1724
1725	1725
1726	1726
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1728	1728
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1731	1731	HB3495 - 48 - LRB103 28275 RLC 54654 b
1732	1732	1 county of trial to pay counsel other than the Public Defender a
1733	1733	2 reasonable fee stated in the order and based upon a rate of
1734	1734	3 compensation of not more than $40 for each hour spent while
1735	1735	4 court is in session and not more than $30 for each hour
1736	1736	5 otherwise spent representing a defendant, and such
1737	1737	6 compensation shall not exceed $150 for each defendant
1738	1738	7 represented in misdemeanor cases and $1250 in felony cases, in
1739	1739	8 addition to expenses reasonably incurred as hereinafter in
1740	1740	9 this Section provided, except that, in extraordinary
1741	1741	10 circumstances, payment in excess of the limits herein stated
1742	1742	11 may be made if the trial court certifies that such payment is
1743	1743	12 necessary to provide fair compensation for protracted
1744	1744	13 representation. A trial court may entertain the filing of this
1745	1745	14 verified statement before the termination of the cause, and
1746	1746	15 may order the provisional payment of sums during the pendency
1747	1747	16 of the cause.
1748	1748	17 (d) In capital cases, in addition to counsel, if the court
1749	1749	18 determines that the defendant is indigent the court may, upon
1750	1750	19 the filing with the court of a verified statement of services
1751	1751	20 rendered, order the county Treasurer of the county of trial to
1752	1752	21 pay necessary expert witnesses for defendant reasonable
1753	1753	22 compensation stated in the order not to exceed $250 for each
1754	1754	23 defendant.
1755	1755	24 (e) If the court in any county having a population greater
1756	1756	25 than 2,000,000 determines that the defendant is indigent the
1757	1757	26 court may, upon the filing with the court of a verified
1758	1758
1759	1759
1760	1760
1761	1761
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1764	1764
1765	1765
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1767	1767	HB3495 - 49 - LRB103 28275 RLC 54654 b
1768	1768	1 statement of such expenses, order the county treasurer of the
1769	1769	2 county of trial, in such counties having a population greater
1770	1770	3 than 2,000,000 to pay the general expenses of the trial
1771	1771	4 incurred by the defendant not to exceed $50 for each
1772	1772	5 defendant.
1773	1773	6 (f) The provisions of this Section relating to appointment
1774	1774	7 of counsel, compensation of counsel, and payment of expenses
1775	1775	8 in capital cases apply except when the compensation and
1776	1776	9 expenses are being provided under the Capital Crimes
1777	1777	10 Litigation Act of 2023.
1778	1778	11 (Source: P.A. 91-589, eff. 1-1-00.)
1779	1779	12 (725 ILCS 5/119-1)
1780	1780	13 Sec. 119-1. Death penalty abolished ; partially restored.
1781	1781	14 (a) Except as otherwise provided in this Section,
1782	1782	15 beginning on July 1, 2011 (the effective date of Public Act
1783	1783	16 96-1543) and Beginning on the effective date of this
1784	1784	17 amendatory Act of the 96th General Assembly, notwithstanding
1785	1785	18 any other law to the contrary, the death penalty is abolished
1786	1786	19 and a sentence to death may not be imposed.
1787	1787	20 (a-5) Notwithstanding subsection (a), a defendant who at
1788	1788	21 the time of the commission of the offense has attained the age
1789	1789	22 of 18 or more years and who has been found guilty of first
1790	1790	23 degree murder under paragraph (1) of subsection (b) of Section
1791	1791	24 9-1 of the Criminal Code of 2012 may be sentenced to death.
1792	1792	25 (b) All unobligated and unexpended moneys remaining in the
1793	1793
1794	1794
1795	1795
1796	1796
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1799	1799
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1802	1802	HB3495 - 50 - LRB103 28275 RLC 54654 b
1803	1803	1 Capital Litigation Trust Fund on the effective date of this
1804	1804	2 amendatory Act of the 96th General Assembly shall be
1805	1805	3 transferred into the Death Penalty Abolition Fund on the
1806	1806	4 effective date of this amendatory Act of the 103rd General
1807	1807	5 Assembly shall be transferred into the Capital Litigation
1808	1808	6 Trust Fund, together with any moneys the Death Penalty
1809	1809	7 Abolition Fund may receive thereafter , a special fund in the
1810	1810	8 State treasury, to be expended by the Illinois Criminal
1811	1811	9 Justice Information Authority, for services for families of
1812	1812	10 victims of homicide or murder and for training of law
1813	1813	11 enforcement personnel.
1814	1814	12 (Source: P.A. 96-1543, eff. 7-1-11.)
1815	1815	13 Section 120. The State Appellate Defender Act is amended
1816	1816	14 by changing Section 10 as follows:
1817	1817	15 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
1818	1818	16 Sec. 10. Powers and duties of State Appellate Defender.
1819	1819	17 (a) The State Appellate Defender shall represent indigent
1820	1820	18 persons on appeal in criminal and delinquent minor
1821	1821	19 proceedings, when appointed to do so by a court under a Supreme
1822	1822	20 Court Rule or law of this State.
1823	1823	21 (b) The State Appellate Defender shall submit a budget for
1824	1824	22 the approval of the State Appellate Defender Commission.
1825	1825	23 (c) The State Appellate Defender may:
1826	1826	24 (1) maintain a panel of private attorneys available to
1827	1827
1828	1828
1829	1829
1830	1830
1831	1831
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1833	1833
1834	1834
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1836	1836	HB3495 - 51 - LRB103 28275 RLC 54654 b
1837	1837	1 serve as counsel on a case basis;
1838	1838	2 (2) establish programs, alone or in conjunction with
1839	1839	3 law schools, for the purpose of utilizing volunteer law
1840	1840	4 students as legal assistants;
1841	1841	5 (3) cooperate and consult with state agencies,
1842	1842	6 professional associations, and other groups concerning the
1843	1843	7 causes of criminal conduct, the rehabilitation and
1844	1844	8 correction of persons charged with and convicted of crime,
1845	1845	9 the administration of criminal justice, and, in counties
1846	1846	10 of less than 1,000,000 population, study, design, develop
1847	1847	11 and implement model systems for the delivery of trial
1848	1848	12 level defender services, and make an annual report to the
1849	1849	13 General Assembly;
1850	1850	14 (4) hire investigators to provide investigative
1851	1851	15 services to appointed counsel and county public defenders;
1852	1852	16 (5) (blank);
1853	1853	17 (5.1) in cases in which a death sentence is an
1854	1854	18 authorized disposition, provide trial counsel with legal
1855	1855	19 assistance and the assistance of expert witnesses,
1856	1856	20 investigators, and mitigation specialists from funds
1857	1857	21 appropriated to the State Appellate Defender specifically
1858	1858	22 for that purpose by the General Assembly. The Office of
1859	1859	23 State Appellate Defender shall not be appointed to serve
1860	1860	24 as trial counsel in capital cases;
1861	1861	25 (5.5) provide training to county public defenders;
1862	1862	26 (5.7) provide county public defenders with the
1863	1863
1864	1864
1865	1865
1866	1866
1867	1867
1868	1868	HB3495 - 51 - LRB103 28275 RLC 54654 b
1869	1869
1870	1870
1871	1871	HB3495- 52 -LRB103 28275 RLC 54654 b HB3495 - 52 - LRB103 28275 RLC 54654 b
1872	1872	HB3495 - 52 - LRB103 28275 RLC 54654 b
1873	1873	1 assistance of expert witnesses and investigators from
1874	1874	2 funds appropriated to the State Appellate Defender
1875	1875	3 specifically for that purpose by the General Assembly. The
1876	1876	4 Office of the State Appellate Defender shall not be
1877	1877	5 appointed to act as trial counsel;
1878	1878	6 (6) develop a Juvenile Defender Resource Center to:
1879	1879	7 (i) study, design, develop, and implement model systems
1880	1880	8 for the delivery of trial level defender services for
1881	1881	9 juveniles in the justice system; (ii) in cases in which a
1882	1882	10 sentence of incarceration or an adult sentence, or both,
1883	1883	11 is an authorized disposition, provide trial counsel with
1884	1884	12 legal advice and the assistance of expert witnesses and
1885	1885	13 investigators from funds appropriated to the Office of the
1886	1886	14 State Appellate Defender by the General Assembly
1887	1887	15 specifically for that purpose; (iii) develop and provide
1888	1888	16 training to public defenders on juvenile justice issues,
1889	1889	17 utilizing resources including the State and local bar
1890	1890	18 associations, the Illinois Public Defender Association,
1891	1891	19 law schools, the Midwest Juvenile Defender Center, and pro
1892	1892	20 bono efforts by law firms; and (iv) make an annual report
1893	1893	21 to the General Assembly.
1894	1894	22 Investigators employed by the Capital Trial Assistance
1895	1895	23 Unit and Capital Post Conviction Unit of the State Appellate
1896	1896	24 Defender shall be authorized to inquire through the Illinois
1897	1897	25 State Police or local law enforcement with the Law Enforcement
1898	1898	26 Agencies Data System (LEADS) under Section 2605-375 of the
1899	1899
1900	1900
1901	1901
1902	1902
1903	1903
1904	1904	HB3495 - 52 - LRB103 28275 RLC 54654 b
1905	1905
1906	1906
1907	1907	HB3495- 53 -LRB103 28275 RLC 54654 b HB3495 - 53 - LRB103 28275 RLC 54654 b
1908	1908	HB3495 - 53 - LRB103 28275 RLC 54654 b
1909	1909	1 Department of State Police Law of the Civil Administrative
1910	1910	2 Code of Illinois to ascertain whether their potential
1911	1911	3 witnesses have a criminal background, including, but not
1912	1912	4 limited to: (i) warrants; (ii) arrests; (iii) convictions; and
1913	1913	5 (iv) officer safety information. This authorization applies
1914	1914	6 only to information held on the State level and shall be used
1915	1915	7 only to protect the personal safety of the investigators. Any
1916	1916	8 information that is obtained through this inquiry may not be
1917	1917	9 disclosed by the investigators.
1918	1918	10 (c-5) For each State fiscal year, the State Appellate
1919	1919	11 Defender shall request a direct appropriation from the Capital
1920	1920	12 Litigation Trust Fund for expenses incurred by the State
1921	1921	13 Appellate Defender in providing assistance to trial attorneys
1922	1922	14 under paragraph (5.1) of subsection (c) of this Section and
1923	1923	15 for expenses incurred by the State Appellate Defender in
1924	1924	16 representing petitioners in capital cases in post-conviction
1925	1925	17 proceedings under Article 122 of the Code of Criminal
1926	1926	18 Procedure of 1963 and in relation to petitions filed under
1927	1927	19 Section 2-1401 of the Code of Civil Procedure in relation to
1928	1928	20 capital cases and for the representation of those petitioners
1929	1929	21 by attorneys approved by or contracted with the State
1930	1930	22 Appellate Defender and an appropriation to the State Treasurer
1931	1931	23 for payments from the Trust Fund for the defense of cases in
1932	1932	24 counties other than Cook County. The State Appellate Defender
1933	1933	25 may appear before the General Assembly at other times during
1934	1934	26 the State's fiscal year to request supplemental appropriations
1935	1935
1936	1936
1937	1937
1938	1938
1939	1939
1940	1940	HB3495 - 53 - LRB103 28275 RLC 54654 b
1941	1941
1942	1942
1943	1943	HB3495- 54 -LRB103 28275 RLC 54654 b HB3495 - 54 - LRB103 28275 RLC 54654 b
1944	1944	HB3495 - 54 - LRB103 28275 RLC 54654 b
1945	1945	1 from the Trust Fund to the State Treasurer.
1946	1946	2 (d) (Blank).
1947	1947	3 (e) The requirement for reporting to the General Assembly
1948	1948	4 shall be satisfied by filing copies of the report as required
1949	1949	5 by Section 3.1 of the General Assembly Organization Act and
1950	1950	6 filing such additional copies with the State Government Report
1951	1951	7 Distribution Center for the General Assembly as is required
1952	1952	8 under paragraph (t) of Section 7 of the State Library Act.
1953	1953	9 (Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)
1954	1954
1955	1955
1956	1956
1957	1957
1958	1958
1959	1959	HB3495 - 54 - LRB103 28275 RLC 54654 b