Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1596 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 SB1596 Introduced 2/8/2023, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5 30 ILCS 105/5.990 new30 ILCS 105/5.790 rep.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 Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the State Finance Act. Reinstates the Capital Litigation Trust Fund and abolishes the Death Penalty Abolition Fund. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2023. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases. LRB103 25237 RLC 51581 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1596 Introduced 2/8/2023, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5 30 ILCS 105/5.990 new30 ILCS 105/5.790 rep.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 New Act 5 ILCS 140/7.5 30 ILCS 105/5.990 new 30 ILCS 105/5.790 rep. 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 Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the State Finance Act. Reinstates the Capital Litigation Trust Fund and abolishes the Death Penalty Abolition Fund. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2023. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases. LRB103 25237 RLC 51581 b LRB103 25237 RLC 51581 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1596 Introduced 2/8/2023, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED:
3	3	New Act5 ILCS 140/7.5 30 ILCS 105/5.990 new30 ILCS 105/5.790 rep.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 New Act 5 ILCS 140/7.5 30 ILCS 105/5.990 new 30 ILCS 105/5.790 rep. 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	30 ILCS 105/5.790 rep.
8	8	720 ILCS 5/9-1 from Ch. 38, par. 9-1
9	9	725 ILCS 5/113-3 from Ch. 38, par. 113-3
10	10	725 ILCS 5/119-1
11	11	725 ILCS 105/10 from Ch. 38, par. 208-10
12	12	Amends the Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the State Finance Act. Reinstates the Capital Litigation Trust Fund and abolishes the Death Penalty Abolition Fund. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2023. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases.
13	13	LRB103 25237 RLC 51581 b LRB103 25237 RLC 51581 b
14	14	LRB103 25237 RLC 51581 b
15	15	A BILL FOR
16	16	SB1596LRB103 25237 RLC 51581 b SB1596 LRB103 25237 RLC 51581 b
17	17	SB1596 LRB103 25237 RLC 51581 b
18	18	1 AN ACT concerning criminal law.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Section 1. Short title. This Act may be cited as the
22	22	5 Capital Crimes Litigation Act of 2023.
23	23	6 Section 5. Appointment of trial counsel in death penalty
24	24	7 cases. If an indigent defendant is charged with an offense for
25	25	8 which a sentence of death is authorized, and the State's
26	26	9 Attorney has not, at or before arraignment, filed a
27	27	10 certificate indicating he or she will not seek the death
28	28	11 penalty or stated on the record in open court that the death
29	29	12 penalty will not be sought, the trial court shall immediately
30	30	13 appoint the Public Defender, or any other qualified attorney
31	31	14 or attorneys as the Illinois Supreme Court shall by rule
32	32	15 provide, to represent the defendant as trial counsel. If the
33	33	16 Public Defender is appointed, he or she shall immediately
34	34	17 assign the attorney or attorneys who are Public Defenders to
35	35	18 represent the defendant. The counsel shall meet the
36	36	19 qualifications as the Supreme Court shall by rule provide. At
37	37	20 the request of court-appointed counsel in a case in which the
38	38	21 death penalty is sought, attorneys employed by the State
39	39	22 Appellate Defender may enter an appearance for the limited
40	40	23 purpose of assisting counsel appointed under this Section.
41	41
42	42
43	43
44	44	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1596 Introduced 2/8/2023, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED:
45	45	New Act5 ILCS 140/7.5 30 ILCS 105/5.990 new30 ILCS 105/5.790 rep.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 New Act 5 ILCS 140/7.5 30 ILCS 105/5.990 new 30 ILCS 105/5.790 rep. 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
46	46	New Act
47	47	5 ILCS 140/7.5
48	48	30 ILCS 105/5.990 new
49	49	30 ILCS 105/5.790 rep.
50	50	720 ILCS 5/9-1 from Ch. 38, par. 9-1
51	51	725 ILCS 5/113-3 from Ch. 38, par. 113-3
52	52	725 ILCS 5/119-1
53	53	725 ILCS 105/10 from Ch. 38, par. 208-10
54	54	Amends the Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the State Finance Act. Reinstates the Capital Litigation Trust Fund and abolishes the Death Penalty Abolition Fund. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2023. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases.
55	55	LRB103 25237 RLC 51581 b LRB103 25237 RLC 51581 b
56	56	LRB103 25237 RLC 51581 b
57	57	A BILL FOR
58	58
59	59
60	60
61	61
62	62
63	63	New Act
64	64	5 ILCS 140/7.5
65	65	30 ILCS 105/5.990 new
66	66	30 ILCS 105/5.790 rep.
67	67	720 ILCS 5/9-1 from Ch. 38, par. 9-1
68	68	725 ILCS 5/113-3 from Ch. 38, par. 113-3
69	69	725 ILCS 5/119-1
70	70	725 ILCS 105/10 from Ch. 38, par. 208-10
71	71
72	72
73	73
74	74	LRB103 25237 RLC 51581 b
75	75
76	76
77	77
78	78
79	79
80	80
81	81
82	82
83	83
84	84	SB1596 LRB103 25237 RLC 51581 b
85	85
86	86
87	87	SB1596- 2 -LRB103 25237 RLC 51581 b SB1596 - 2 - LRB103 25237 RLC 51581 b
88	88	SB1596 - 2 - LRB103 25237 RLC 51581 b
89	89	1 Section 10. Court-appointed trial counsel; compensation
90	90	2 and expenses.
91	91	3 (a) This Section applies only to compensation and expenses
92	92	4 of trial counsel appointed by the court as set forth in Section
93	93	5 5, other than Public Defenders, for the period after
94	94	6 arraignment and so long as the State's Attorney has not, at any
95	95	7 time, filed a certificate indicating he or she will not seek
96	96	8 the death penalty or stated on the record in open court that
97	97	9 the death penalty will not be sought.
98	98	10 (a-5) Litigation budget.
99	99	11 (1) In a case in which the State has filed a statement
100	100	12 of intent to seek the death penalty, the court shall
101	101	13 require appointed counsel, including those appointed in
102	102	14 Cook County, after counsel has had adequate time to review
103	103	15 the case and prior to engaging trial assistance, to submit
104	104	16 a proposed estimated litigation budget for court approval,
105	105	17 that will be subject to modification in light of facts and
106	106	18 developments that emerge as the case proceeds. Case
107	107	19 budgets should be submitted ex parte and filed and
108	108	20 maintained under seal in order to protect the defendant's
109	109	21 right to effective assistance of counsel, right not to
110	110	22 incriminate him or herself and all applicable privileges.
111	111	23 Case budgets shall be reviewed and approved by the judge
112	112	24 assigned to try the case. As provided under subsection (c)
113	113	25 of this Section, petitions for compensation shall be
114	114
115	115
116	116
117	117
118	118
119	119	SB1596 - 2 - LRB103 25237 RLC 51581 b
120	120
121	121
122	122	SB1596- 3 -LRB103 25237 RLC 51581 b SB1596 - 3 - LRB103 25237 RLC 51581 b
123	123	SB1596 - 3 - LRB103 25237 RLC 51581 b
124	124	1 reviewed by both the trial judge and the presiding judge
125	125	2 or the presiding judge's designee.
126	126	3 (2) The litigation budget shall serve purposes
127	127	4 comparable to those of private retainer agreements by
128	128	5 confirming both the court's and the attorney's
129	129	6 expectations regarding fees and expenses. Consideration
130	130	7 should be given to employing an ex parte pretrial
131	131	8 conference in order to facilitate reaching agreement on a
132	132	9 litigation budget at the earliest opportunity.
133	133	10 (3) The budget shall be incorporated into a sealed
134	134	11 initial pretrial order that reflects the understandings of
135	135	12 the court and counsel regarding all matters affecting
136	136	13 counsel compensation and reimbursement and payments for
137	137	14 investigative, expert and other services, including, but
138	138	15 not limited to, the following matters:
139	139	16 (A) the hourly rate at which counsel will be
140	140	17 compensated;
141	141	18 (B) the hourly rate at which private
142	142	19 investigators, other than investigators employed by
143	143	20 the Office of the State Appellate Defender, will be
144	144	21 compensated; and
145	145	22 (C) the best preliminary estimate that can be made
146	146	23 of the cost of all services, including, but not
147	147	24 limited to, counsel, expert, and investigative
148	148	25 services that are likely to be needed through the
149	149	26 guilt and penalty phases of the trial. The court shall
150	150
151	151
152	152
153	153
154	154
155	155	SB1596 - 3 - LRB103 25237 RLC 51581 b
156	156
157	157
158	158	SB1596- 4 -LRB103 25237 RLC 51581 b SB1596 - 4 - LRB103 25237 RLC 51581 b
159	159	SB1596 - 4 - LRB103 25237 RLC 51581 b
160	160	1 have discretion to require that budgets be prepared
161	161	2 for shorter intervals of time.
162	162	3 (4) Appointed counsel may obtain, subject to later
163	163	4 review, investigative, expert, or other services without
164	164	5 prior authorization if necessary for an adequate defense.
165	165	6 If the services are obtained, the presiding judge or the
166	166	7 presiding judge's designee shall consider in an ex parte
167	167	8 proceeding that timely procurement of necessary services
168	168	9 could not await prior authorization. If an ex parte
169	169	10 hearing is requested by defense counsel or deemed
170	170	11 necessary by the trial judge prior to modifying a budget,
171	171	12 the ex parte hearing shall be before the presiding judge
172	172	13 or the presiding judge's designee. The judge may then
173	173	14 authorize the services nunc pro tunc. If the presiding
174	174	15 judge or the presiding judge's designee finds that the
175	175	16 services were not reasonable, payment may be denied.
176	176	17 (5) An approved budget shall guide counsel's use of
177	177	18 time and resources by indicating the services for which
178	178	19 compensation is authorized. The case budget shall be
179	179	20 re-evaluated when justified by changed or unexpected
180	180	21 circumstances and shall be modified by the court when
181	181	22 reasonable and necessary for an adequate defense. If an ex
182	182	23 parte hearing is requested by defense counsel or deemed
183	183	24 necessary by the trial judge prior to modifying a budget,
184	184	25 the ex parte hearing shall be before the presiding judge
185	185	26 or the presiding judge's designee.
186	186
187	187
188	188
189	189
190	190
191	191	SB1596 - 4 - LRB103 25237 RLC 51581 b
192	192
193	193
194	194	SB1596- 5 -LRB103 25237 RLC 51581 b SB1596 - 5 - LRB103 25237 RLC 51581 b
195	195	SB1596 - 5 - LRB103 25237 RLC 51581 b
196	196	1 (b) Appointed trial counsel shall be compensated upon
197	197	2 presentment and certification by the circuit court of a claim
198	198	3 for services detailing the date, activity, and time duration
199	199	4 for which compensation is sought. Compensation for appointed
200	200	5 trial counsel may be paid at a reasonable rate not to exceed
201	201	6 $125 per hour. The court shall not authorize payment of bills
202	202	7 that are not properly itemized. A request for payment shall be
203	203	8 presented under seal and reviewed ex parte with a court
204	204	9 reporter present. Every January 20, the statutory rate
205	205	10 prescribed in this subsection shall be automatically increased
206	206	11 or decreased, as applicable, by a percentage equal to the
207	207	12 percentage change in the consumer price index-u during the
208	208	13 preceding 12-month calendar year. "Consumer price index-u"
209	209	14 means the index published by the Bureau of Labor Statistics of
210	210	15 the United States Department of Labor that measures the
211	211	16 average change in prices of goods and services purchased by
212	212	17 all urban consumers, United States city average, all items,
213	213	18 1982-84=100. The new rate resulting from each annual
214	214	19 adjustment shall be determined by the State Treasurer and made
215	215	20 available to the chief judge of each judicial circuit.
216	216	21 (c) Appointed trial counsel may also petition the court
217	217	22 for certification of expenses for reasonable and necessary
218	218	23 capital litigation expenses including, but not limited to,
219	219	24 investigatory and other assistance, expert, forensic, and
220	220	25 other witnesses, and mitigation specialists. Each provider of
221	221	26 proposed services must specify the best preliminary estimate
222	222
223	223
224	224
225	225
226	226
227	227	SB1596 - 5 - LRB103 25237 RLC 51581 b
228	228
229	229
230	230	SB1596- 6 -LRB103 25237 RLC 51581 b SB1596 - 6 - LRB103 25237 RLC 51581 b
231	231	SB1596 - 6 - LRB103 25237 RLC 51581 b
232	232	1 that can be made in light of information received in the case
233	233	2 at that point, and the provider must sign this estimate under
234	234	3 the provisions of Section 1-109 of the Code of Civil
235	235	4 Procedure. A provider of proposed services must also specify:
236	236	5 (1) his or her hourly rate; (2) the hourly rate of anyone else
237	237	6 in his or her employ for whom reimbursement is sought; and (3)
238	238	7 the hourly rate of any person or entity that may be
239	239	8 subcontracted to perform these services. Counsel may not
240	240	9 petition for certification of expenses that may have been
241	241	10 provided or compensated by the State Appellate Defender under
242	242	11 item (c)(5.1) of Section 10 of the State Appellate Defender
243	243	12 Act. The petitions shall be filed under seal and considered ex
244	244	13 parte but with a court reporter present for all ex parte
245	245	14 conferences. If the requests are submitted after services have
246	246	15 been rendered, the requests shall be supported by an invoice
247	247	16 describing the services rendered, the dates the services were
248	248	17 performed and the amount of time spent. These petitions shall
249	249	18 be reviewed by both the trial judge and the presiding judge of
250	250	19 the circuit court or the presiding judge's designee. The
251	251	20 petitions and orders shall be kept under seal and shall be
252	252	21 exempt from Freedom of Information requests until the
253	253	22 conclusion of the trial, even if the prosecution chooses not
254	254	23 to pursue the death penalty prior to trial or sentencing. If an
255	255	24 ex parte hearing is requested by defense counsel or deemed
256	256	25 necessary by the trial judge, the hearing shall be before the
257	257	26 presiding judge or the presiding judge's designee.
258	258
259	259
260	260
261	261
262	262
263	263	SB1596 - 6 - LRB103 25237 RLC 51581 b
264	264
265	265
266	266	SB1596- 7 -LRB103 25237 RLC 51581 b SB1596 - 7 - LRB103 25237 RLC 51581 b
267	267	SB1596 - 7 - LRB103 25237 RLC 51581 b
268	268	1 (d) Appointed trial counsel shall petition the court for
269	269	2 certification of compensation and expenses under this Section
270	270	3 periodically during the course of counsel's representation.
271	271	4 The petitions shall be supported by itemized bills showing the
272	272	5 date, the amount of time spent, the work done, and the total
273	273	6 being charged for each entry. The court shall not authorize
274	274	7 payment of bills that are not properly itemized. The court
275	275	8 must certify reasonable and necessary expenses of the
276	276	9 petitioner for travel and per diem (lodging, meals, and
277	277	10 incidental expenses). These expenses must be paid at the rate
278	278	11 as promulgated by the United States General Services
279	279	12 Administration for these expenses for the date and location in
280	280	13 which they were incurred, unless extraordinary reasons are
281	281	14 shown for the difference. The petitions shall be filed under
282	282	15 seal and considered ex parte but with a court reporter present
283	283	16 for all ex parte conferences. The petitions shall be reviewed
284	284	17 by both the trial judge and the presiding judge of the circuit
285	285	18 court or the presiding judge's designee. If an ex parte
286	286	19 hearing is requested by defense counsel or deemed necessary by
287	287	20 the trial judge, the ex parte hearing shall be before the
288	288	21 presiding judge or the presiding judge's designee. If the
289	289	22 court determines that the compensation and expenses should be
290	290	23 paid from the Capital Litigation Trust Fund, the court shall
291	291	24 certify, on a form created by the State Treasurer, that all or
292	292	25 a designated portion of the amount requested is reasonable,
293	293	26 necessary, and appropriate for payment from the Trust Fund.
294	294
295	295
296	296
297	297
298	298
299	299	SB1596 - 7 - LRB103 25237 RLC 51581 b
300	300
301	301
302	302	SB1596- 8 -LRB103 25237 RLC 51581 b SB1596 - 8 - LRB103 25237 RLC 51581 b
303	303	SB1596 - 8 - LRB103 25237 RLC 51581 b
304	304	1 The form must also be signed by lead trial counsel under the
305	305	2 provisions of Section 1-109 of the Code of Civil Procedure
306	306	3 verifying that the amount requested is reasonable, necessary,
307	307	4 and appropriate. Bills submitted for payment by any individual
308	308	5 or entity seeking payment from the Capital Litigation Trust
309	309	6 Fund must also be accompanied by a form created by the State
310	310	7 Treasurer and signed by the individual or responsible agent of
311	311	8 the entity under the provisions of Section 1-109 of the Code of
312	312	9 Civil Procedure that the amount requested is accurate and
313	313	10 truthful and reflects time spent or expenses incurred.
314	314	11 Certification of compensation and expenses by a court in any
315	315	12 county other than Cook County shall be delivered by the court
316	316	13 to the State Treasurer and must be paid by the State Treasurer
317	317	14 directly from the Capital Litigation Trust Fund if there are
318	318	15 sufficient moneys in the Trust Fund to pay the compensation
319	319	16 and expenses. If the State Treasurer finds within 14 days of
320	320	17 his or her receipt of a certification that the compensation
321	321	18 and expenses to be paid are unreasonable, unnecessary, or
322	322	19 inappropriate, he or she may return the certification to the
323	323	20 court setting forth in detail the objection or objections with
324	324	21 a request for the court to review the objection or objections
325	325	22 before resubmitting the certification. The State Treasurer
326	326	23 must send the claimant a copy of the objection or objections.
327	327	24 The State Treasurer may only seek a review of a specific
328	328	25 objection once. The claimant has 7 days from his or her receipt
329	329	26 of the objections to file a response with the court. With or
330	330
331	331
332	332
333	333
334	334
335	335	SB1596 - 8 - LRB103 25237 RLC 51581 b
336	336
337	337
338	338	SB1596- 9 -LRB103 25237 RLC 51581 b SB1596 - 9 - LRB103 25237 RLC 51581 b
339	339	SB1596 - 9 - LRB103 25237 RLC 51581 b
340	340	1 without further hearing, the court must promptly rule on the
341	341	2 objections. The petitions and orders shall be kept under seal
342	342	3 and shall be exempt from Freedom of Information requests until
343	343	4 the conclusion of the trial and appeal of the case, even if the
344	344	5 prosecution chooses not to pursue the death penalty prior to
345	345	6 trial or sentencing. Certification of compensation and
346	346	7 expenses by a court in Cook County shall be delivered by the
347	347	8 court to the county treasurer and paid by the county treasurer
348	348	9 from moneys granted to the county from the Capital Litigation
349	349	10 Trust Fund.
350	350	11 Section 15. Capital Litigation Trust Fund.
351	351	12 (a) The Capital Litigation Trust Fund is created as a
352	352	13 special fund in the State treasury. The Trust Fund shall be
353	353	14 administered by the State Treasurer to provide moneys for the
354	354	15 appropriations to be made, grants to be awarded, and
355	355	16 compensation and expenses to be paid under this Act. All
356	356	17 interest earned from the investment or deposit of moneys
357	357	18 accumulated in the Trust Fund shall, under Section 4.1 of the
358	358	19 State Finance Act, be deposited into the Trust Fund.
359	359	20 (b) Moneys deposited into the Trust Fund shall not be
360	360	21 considered general revenue of the State of Illinois.
361	361	22 (c) Moneys deposited into the Trust Fund shall be used
362	362	23 exclusively for the purposes of providing funding for the
363	363	24 prosecution and defense of capital cases and for providing
364	364	25 funding for post-conviction proceedings in capital cases under
365	365
366	366
367	367
368	368
369	369
370	370	SB1596 - 9 - LRB103 25237 RLC 51581 b
371	371
372	372
373	373	SB1596- 10 -LRB103 25237 RLC 51581 b SB1596 - 10 - LRB103 25237 RLC 51581 b
374	374	SB1596 - 10 - LRB103 25237 RLC 51581 b
375	375	1 Article 122 of the Code of Criminal Procedure of 1963 and in
376	376	2 relation to petitions filed under Section 2-1401 of the Code
377	377	3 of Civil Procedure in relation to capital cases as provided in
378	378	4 this Act and shall not be appropriated, loaned, or in any
379	379	5 manner transferred to the General Revenue Fund of the State of
380	380	6 Illinois.
381	381	7 (d) Every fiscal year the State Treasurer shall transfer
382	382	8 from the General Revenue Fund to the Capital Litigation Trust
383	383	9 Fund an amount equal to the full amount of moneys appropriated
384	384	10 by the General Assembly (both by original and supplemental
385	385	11 appropriation), less any unexpended balance from the previous
386	386	12 fiscal year, from the Capital Litigation Trust Fund for the
387	387	13 specific purpose of making funding available for the
388	388	14 prosecution and defense of capital cases and for the
389	389	15 litigation expenses associated with post-conviction
390	390	16 proceedings in capital cases under Article 122 of the Code of
391	391	17 Criminal Procedure of 1963 and in relation to petitions filed
392	392	18 under Section 2-1401 of the Code of Civil Procedure in
393	393	19 relation to capital cases. The Public Defender and State's
394	394	20 Attorney in Cook County, the State Appellate Defender, the
395	395	21 State's Attorneys Appellate Prosecutor, and the Attorney
396	396	22 General shall make annual requests for appropriations from the
397	397	23 Trust Fund.
398	398	24 (1) The Public Defender in Cook County shall request
399	399	25 appropriations to the State Treasurer for expenses
400	400	26 incurred by the Public Defender and for funding for
401	401
402	402
403	403
404	404
405	405
406	406	SB1596 - 10 - LRB103 25237 RLC 51581 b
407	407
408	408
409	409	SB1596- 11 -LRB103 25237 RLC 51581 b SB1596 - 11 - LRB103 25237 RLC 51581 b
410	410	SB1596 - 11 - LRB103 25237 RLC 51581 b
411	411	1 private appointed defense counsel in Cook County.
412	412	2 (2) The State's Attorney in Cook County shall request
413	413	3 an appropriation to the State Treasurer for expenses
414	414	4 incurred by the State's Attorney.
415	415	5 (3) The State Appellate Defender shall request a
416	416	6 direct appropriation from the Trust Fund for expenses
417	417	7 incurred by the State Appellate Defender in providing
418	418	8 assistance to trial attorneys under item (c)(5.1) of
419	419	9 Section 10 of the State Appellate Defender Act and for
420	420	10 expenses incurred by the State Appellate Defender in
421	421	11 representing petitioners in capital cases in
422	422	12 post-conviction proceedings under Article 122 of the Code
423	423	13 of Criminal Procedure of 1963 and in relation to petitions
424	424	14 filed under Section 2-1401 of the Code of Civil Procedure
425	425	15 in relation to capital cases and for the representation of
426	426	16 those petitioners by attorneys approved by or contracted
427	427	17 with the State Appellate Defender and an appropriation to
428	428	18 the State Treasurer for payments from the Trust Fund for
429	429	19 the defense of cases in counties other than Cook County.
430	430	20 (4) The State's Attorneys Appellate Prosecutor shall
431	431	21 request a direct appropriation from the Trust Fund to pay
432	432	22 expenses incurred by the State's Attorneys Appellate
433	433	23 Prosecutor and an appropriation to the State Treasurer for
434	434	24 payments from the Trust Fund for expenses incurred by
435	435	25 State's Attorneys in counties other than Cook County.
436	436	26 (5) The Attorney General shall request a direct
437	437
438	438
439	439
440	440
441	441
442	442	SB1596 - 11 - LRB103 25237 RLC 51581 b
443	443
444	444
445	445	SB1596- 12 -LRB103 25237 RLC 51581 b SB1596 - 12 - LRB103 25237 RLC 51581 b
446	446	SB1596 - 12 - LRB103 25237 RLC 51581 b
447	447	1 appropriation from the Trust Fund to pay expenses incurred
448	448	2 by the Attorney General in assisting the State's Attorneys
449	449	3 in counties other than Cook County and to pay for expenses
450	450	4 incurred by the Attorney General when the Attorney General
451	451	5 is ordered by the presiding judge of the Criminal Division
452	452	6 of the Circuit Court of Cook County to prosecute or
453	453	7 supervise the prosecution of Cook County cases and for
454	454	8 expenses incurred by the Attorney General in representing
455	455	9 the State in post-conviction proceedings in capital cases
456	456	10 under Article 122 of the Code of Criminal Procedure of
457	457	11 1963 and in relation to petitions filed under Section
458	458	12 2-1401 of the Code of Civil Procedure in relation to
459	459	13 capital cases. The Public Defender and State's Attorney in
460	460	14 Cook County, the State Appellate Defender, the State's
461	461	15 Attorneys Appellate Prosecutor, and the Attorney General
462	462	16 may each request supplemental appropriations from the
463	463	17 Trust Fund during the fiscal year.
464	464	18 (e) Moneys in the Trust Fund shall be expended only as
465	465	19 follows:
466	466	20 (1) To pay the State Treasurer's costs to administer
467	467	21 the Trust Fund. The amount for this purpose may not exceed
468	468	22 5% in any one fiscal year of the amount otherwise
469	469	23 appropriated from the Trust Fund in the same fiscal year.
470	470	24 (2) To pay the capital litigation expenses of trial
471	471	25 defense and post-conviction proceedings in capital cases
472	472	26 under Article 122 of the Code of Criminal Procedure of
473	473
474	474
475	475
476	476
477	477
478	478	SB1596 - 12 - LRB103 25237 RLC 51581 b
479	479
480	480
481	481	SB1596- 13 -LRB103 25237 RLC 51581 b SB1596 - 13 - LRB103 25237 RLC 51581 b
482	482	SB1596 - 13 - LRB103 25237 RLC 51581 b
483	483	1 1963 and in relation to petitions filed under Section
484	484	2 2-1401 of the Code of Civil Procedure in relation to
485	485	3 capital cases including, but not limited to, DNA testing,
486	486	4 including DNA testing under Section 116-3 of the Code of
487	487	5 Criminal Procedure of 1963, analysis, and expert
488	488	6 testimony, investigatory and other assistance, expert,
489	489	7 forensic, and other witnesses, and mitigation specialists,
490	490	8 and grants and aid provided to Public Defenders, appellate
491	491	9 defenders, and any attorney approved by or contracted with
492	492	10 the State Appellate Defender representing petitioners in
493	493	11 post-conviction proceedings in capital cases under Article
494	494	12 122 of the Code of Criminal Procedure of 1963 and in
495	495	13 relation to petitions filed under Section 2-1401 of the
496	496	14 Code of Civil Procedure in relation to capital cases or
497	497	15 assistance to attorneys who have been appointed by the
498	498	16 court to represent defendants who are charged with capital
499	499	17 crimes. Reasonable and necessary capital litigation
500	500	18 expenses include travel and per diem (lodging, meals, and
501	501	19 incidental expenses).
502	502	20 (3) To pay the compensation of trial attorneys, other
503	503	21 than Public Defenders or appellate defenders, who have
504	504	22 been appointed by the court to represent defendants who
505	505	23 are charged with capital crimes or attorneys approved by
506	506	24 or contracted with the State Appellate Defender to
507	507	25 represent petitioners in post-conviction proceedings in
508	508	26 capital cases under Article 122 of the Code of Criminal
509	509
510	510
511	511
512	512
513	513
514	514	SB1596 - 13 - LRB103 25237 RLC 51581 b
515	515
516	516
517	517	SB1596- 14 -LRB103 25237 RLC 51581 b SB1596 - 14 - LRB103 25237 RLC 51581 b
518	518	SB1596 - 14 - LRB103 25237 RLC 51581 b
519	519	1 Procedure of 1963 and in relation to petitions filed under
520	520	2 Section 2-1401 of the Code of Civil Procedure in relation
521	521	3 to capital cases.
522	522	4 (4) To provide State's Attorneys with funding for
523	523	5 capital litigation expenses and for expenses of
524	524	6 representing the State in post-conviction proceedings in
525	525	7 capital cases under Article 122 of the Code of Criminal
526	526	8 Procedure of 1963 and in relation to petitions filed under
527	527	9 Section 2-1401 of the Code of Civil Procedure in relation
528	528	10 to capital cases including, but not limited to,
529	529	11 investigatory and other assistance and expert, forensic,
530	530	12 and other witnesses necessary to prosecute capital cases.
531	531	13 State's Attorneys in any county other than Cook County
532	532	14 seeking funding for capital litigation expenses and for
533	533	15 expenses of representing the State in post-conviction
534	534	16 proceedings in capital cases under Article 122 of the Code
535	535	17 of Criminal Procedure of 1963 and in relation to petitions
536	536	18 filed under Section 2-1401 of the Code of Civil Procedure
537	537	19 in relation to capital cases including, but not limited
538	538	20 to, investigatory and other assistance and expert,
539	539	21 forensic, or other witnesses under this Section may
540	540	22 request that the State's Attorneys Appellate Prosecutor or
541	541	23 the Attorney General, as the case may be, certify the
542	542	24 expenses as reasonable, necessary, and appropriate for
543	543	25 payment from the Trust Fund, on a form created by the State
544	544	26 Treasurer. Upon certification of the expenses and delivery
545	545
546	546
547	547
548	548
549	549
550	550	SB1596 - 14 - LRB103 25237 RLC 51581 b
551	551
552	552
553	553	SB1596- 15 -LRB103 25237 RLC 51581 b SB1596 - 15 - LRB103 25237 RLC 51581 b
554	554	SB1596 - 15 - LRB103 25237 RLC 51581 b
555	555	1 of the certification to the State Treasurer, the Treasurer
556	556	2 shall pay the expenses directly from the Capital
557	557	3 Litigation Trust Fund if there are sufficient moneys in
558	558	4 the Trust Fund to pay the expenses.
559	559	5 (5) To provide financial support through the Attorney
560	560	6 General under the Attorney General Act for the several
561	561	7 county State's Attorneys outside of Cook County, but shall
562	562	8 not be used to increase personnel for the Attorney
563	563	9 General's Office, except when the Attorney General is
564	564	10 ordered by the presiding judge of the Criminal Division of
565	565	11 the Circuit Court of Cook County to prosecute or supervise
566	566	12 the prosecution of Cook County cases.
567	567	13 (6) To provide financial support through the State's
568	568	14 Attorneys Appellate Prosecutor under the State's Attorneys
569	569	15 Appellate Prosecutor's Act for the several county State's
570	570	16 Attorneys outside of Cook County, but shall not be used to
571	571	17 increase personnel for the State's Attorneys Appellate
572	572	18 Prosecutor.
573	573	19 (7) To provide financial support to the State
574	574	20 Appellate Defender under the State Appellate Defender Act.
575	575	21 Moneys expended from the Trust Fund shall be in addition
576	576	22 to county funding for Public Defenders and State's
577	577	23 Attorneys, and shall not be used to supplant or reduce
578	578	24 ordinary and customary county funding.
579	579	25 (f) Moneys in the Trust Fund shall be appropriated to the
580	580	26 State Appellate Defender, the State's Attorneys Appellate
581	581
582	582
583	583
584	584
585	585
586	586	SB1596 - 15 - LRB103 25237 RLC 51581 b
587	587
588	588
589	589	SB1596- 16 -LRB103 25237 RLC 51581 b SB1596 - 16 - LRB103 25237 RLC 51581 b
590	590	SB1596 - 16 - LRB103 25237 RLC 51581 b
591	591	1 Prosecutor, the Attorney General, and the State Treasurer. The
592	592	2 State Appellate Defender shall receive an appropriation from
593	593	3 the Trust Fund to enable it to provide assistance to appointed
594	594	4 defense counsel and attorneys approved by or contracted with
595	595	5 the State Appellate Defender to represent petitioners in
596	596	6 post-conviction proceedings in capital cases under Article 122
597	597	7 of the Code of Criminal Procedure of 1963 and in relation to
598	598	8 petitions filed under Section 2-1401 of the Code of Civil
599	599	9 Procedure in relation to capital cases throughout the State
600	600	10 and to Public Defenders in counties other than Cook. The
601	601	11 State's Attorneys Appellate Prosecutor and the Attorney
602	602	12 General shall receive appropriations from the Trust Fund to
603	603	13 enable them to provide assistance to State's Attorneys in
604	604	14 counties other than Cook County and when the Attorney General
605	605	15 is ordered by the presiding judge of the Criminal Division of
606	606	16 the Circuit Court of Cook County to prosecute or supervise the
607	607	17 prosecution of Cook County cases. Moneys shall be appropriated
608	608	18 to the State Treasurer to enable the Treasurer: (i) to make
609	609	19 grants to Cook County; (ii) to pay the expenses of Public
610	610	20 Defenders, the State Appellate Defender, the Attorney General,
611	611	21 the Office of the State's Attorneys Appellate Prosecutor, and
612	612	22 State's Attorneys in counties other than Cook County; (iii) to
613	613	23 pay the expenses and compensation of appointed defense counsel
614	614	24 and attorneys approved by or contracted with the State
615	615	25 Appellate Defender to represent petitioners in post-conviction
616	616	26 proceedings in capital cases under Article 122 of the Code of
617	617
618	618
619	619
620	620
621	621
622	622	SB1596 - 16 - LRB103 25237 RLC 51581 b
623	623
624	624
625	625	SB1596- 17 -LRB103 25237 RLC 51581 b SB1596 - 17 - LRB103 25237 RLC 51581 b
626	626	SB1596 - 17 - LRB103 25237 RLC 51581 b
627	627	1 Criminal Procedure of 1963 and in relation to petitions filed
628	628	2 under Section 2-1401 of the Code of Civil Procedure in
629	629	3 relation to capital cases in counties other than Cook County;
630	630	4 and (iv) to pay the costs of administering the Trust Fund. All
631	631	5 expenditures and grants made from the Trust Fund shall be
632	632	6 subject to audit by the Auditor General.
633	633	7 (g) For Cook County, grants from the Trust Fund shall be
634	634	8 made and administered as follows:
635	635	9 (1) For each State fiscal year, the State's Attorney
636	636	10 and Public Defender must each make a separate application
637	637	11 to the State Treasurer for capital litigation grants.
638	638	12 (2) The State Treasurer shall establish rules and
639	639	13 procedures for grant applications. The rules shall require
640	640	14 the Cook County Treasurer as the grant recipient to report
641	641	15 on a periodic basis to the State Treasurer how much of the
642	642	16 grant has been expended, how much of the grant is
643	643	17 remaining, and the purposes for which the grant has been
644	644	18 used. The rules may also require the Cook County Treasurer
645	645	19 to certify on a periodic basis that expenditures of the
646	646	20 funds have been made for expenses that are reasonable,
647	647	21 necessary, and appropriate for payment from the Trust
648	648	22 Fund.
649	649	23 (3) The State Treasurer shall make the grants to the
650	650	24 Cook County Treasurer as soon as possible after the
651	651	25 beginning of the State fiscal year.
652	652	26 (4) The State's Attorney or Public Defender may apply
653	653
654	654
655	655
656	656
657	657
658	658	SB1596 - 17 - LRB103 25237 RLC 51581 b
659	659
660	660
661	661	SB1596- 18 -LRB103 25237 RLC 51581 b SB1596 - 18 - LRB103 25237 RLC 51581 b
662	662	SB1596 - 18 - LRB103 25237 RLC 51581 b
663	663	1 for supplemental grants during the fiscal year.
664	664	2 (5) Grant moneys shall be paid to the Cook County
665	665	3 Treasurer in block grants and held in separate accounts
666	666	4 for the State's Attorney, the Public Defender, and
667	667	5 court-appointed defense counsel other than the Cook County
668	668	6 Public Defender, respectively, for the designated fiscal
669	669	7 year, and are not subject to county appropriation.
670	670	8 (6) Expenditure of grant moneys under this subsection
671	671	9 (g) is subject to audit by the Auditor General.
672	672	10 (7) The Cook County Treasurer shall immediately make
673	673	11 payment from the appropriate separate account in the
674	674	12 county treasury for capital litigation expenses to the
675	675	13 State's Attorney, Public Defender, or court-appointed
676	676	14 defense counsel other than the Public Defender, as the
677	677	15 case may be, upon order of the State's Attorney, Public
678	678	16 Defender or the court, respectively.
679	679	17 (h) If a defendant in a capital case in Cook County is
680	680	18 represented by court-appointed counsel other than the Cook
681	681	19 County Public Defender, the appointed counsel shall petition
682	682	20 the court for an order directing the Cook County Treasurer to
683	683	21 pay the court-appointed counsel's reasonable and necessary
684	684	22 compensation and capital litigation expenses from grant moneys
685	685	23 provided from the Trust Fund. The petitions shall be supported
686	686	24 by itemized bills showing the date, the amount of time spent,
687	687	25 the work done, and the total being charged for each entry. The
688	688	26 court shall not authorize payment of bills that are not
689	689
690	690
691	691
692	692
693	693
694	694	SB1596 - 18 - LRB103 25237 RLC 51581 b
695	695
696	696
697	697	SB1596- 19 -LRB103 25237 RLC 51581 b SB1596 - 19 - LRB103 25237 RLC 51581 b
698	698	SB1596 - 19 - LRB103 25237 RLC 51581 b
699	699	1 properly itemized. The petitions shall be filed under seal and
700	700	2 considered ex parte but with a court reporter present for all
701	701	3 ex parte conferences. The petitions shall be reviewed by both
702	702	4 the trial judge and the presiding judge of the circuit court or
703	703	5 the presiding judge's designee. The petitions and orders shall
704	704	6 be kept under seal and shall be exempt from Freedom of
705	705	7 Information requests until the conclusion of the trial and
706	706	8 appeal of the case, even if the prosecution chooses not to
707	707	9 pursue the death penalty prior to trial or sentencing. Orders
708	708	10 denying petitions for compensation or expenses are final.
709	709	11 Counsel may not petition for expenses that may have been
710	710	12 provided or compensated by the State Appellate Defender under
711	711	13 item (c)(5.1) of Section 10 of the State Appellate Defender
712	712	14 Act.
713	713	15 (i) In counties other than Cook County, and when the
714	714	16 Attorney General is ordered by the presiding judge of the
715	715	17 Criminal Division of the Circuit Court of Cook County to
716	716	18 prosecute or supervise the prosecution of Cook County cases,
717	717	19 and excluding capital litigation expenses or services that may
718	718	20 have been provided by the State Appellate Defender under item
719	719	21 (c)(5.1) of Section 10 of the State Appellate Defender Act:
720	720	22 (1) Upon certification by the circuit court, on a form
721	721	23 created by the State Treasurer, that all or a portion of
722	722	24 the expenses are reasonable, necessary, and appropriate
723	723	25 for payment from the Trust Fund and the court's delivery
724	724	26 of the certification to the Treasurer, the Treasurer shall
725	725
726	726
727	727
728	728
729	729
730	730	SB1596 - 19 - LRB103 25237 RLC 51581 b
731	731
732	732
733	733	SB1596- 20 -LRB103 25237 RLC 51581 b SB1596 - 20 - LRB103 25237 RLC 51581 b
734	734	SB1596 - 20 - LRB103 25237 RLC 51581 b
735	735	1 pay the certified expenses of Public Defenders and the
736	736	2 State Appellate Defender from the money appropriated to
737	737	3 the Treasurer for capital litigation expenses of Public
738	738	4 Defenders and post-conviction proceeding expenses in
739	739	5 capital cases of the State Appellate Defender and expenses
740	740	6 in relation to petitions filed under Section 2-1401 of the
741	741	7 Code of Civil Procedure in relation to capital cases in
742	742	8 any county other than Cook County, if there are sufficient
743	743	9 moneys in the Trust Fund to pay the expenses.
744	744	10 (2) If a defendant in a capital case is represented by
745	745	11 court-appointed counsel other than the Public Defender,
746	746	12 the appointed counsel shall petition the court to certify
747	747	13 compensation and capital litigation expenses including,
748	748	14 but not limited to, investigatory and other assistance,
749	749	15 expert, forensic, and other witnesses, and mitigation
750	750	16 specialists as reasonable, necessary, and appropriate for
751	751	17 payment from the Trust Fund. If a petitioner in a capital
752	752	18 case who has filed a petition for post-conviction relief
753	753	19 under Article 122 of the Code of Criminal Procedure of
754	754	20 1963 or a petition under Section 2-1401 of the Code of
755	755	21 Civil Procedure in relation to capital cases is
756	756	22 represented by an attorney approved by or contracted with
757	757	23 the State Appellate Defender other than the State
758	758	24 Appellate Defender, that attorney shall petition the court
759	759	25 to certify compensation and litigation expenses of
760	760	26 post-conviction proceedings under Article 122 of the Code
761	761
762	762
763	763
764	764
765	765
766	766	SB1596 - 20 - LRB103 25237 RLC 51581 b
767	767
768	768
769	769	SB1596- 21 -LRB103 25237 RLC 51581 b SB1596 - 21 - LRB103 25237 RLC 51581 b
770	770	SB1596 - 21 - LRB103 25237 RLC 51581 b
771	771	1 of Criminal Procedure of 1963 or in relation to petitions
772	772	2 filed under Section 2-1401 of the Code of Civil Procedure
773	773	3 in relation to capital cases. Upon certification on a form
774	774	4 created by the State Treasurer of all or a portion of the
775	775	5 compensation and expenses certified as reasonable,
776	776	6 necessary, and appropriate for payment from the Trust Fund
777	777	7 and the court's delivery of the certification to the
778	778	8 Treasurer, the State Treasurer shall pay the certified
779	779	9 compensation and expenses from the money appropriated to
780	780	10 the Treasurer for that purpose, if there are sufficient
781	781	11 moneys in the Trust Fund to make those payments.
782	782	12 (3) A petition for capital litigation expenses or
783	783	13 post-conviction proceeding expenses or expenses incurred
784	784	14 in filing a petition under Section 2-1401 of the Code of
785	785	15 Civil Procedure in relation to capital cases under this
786	786	16 subsection shall be considered under seal and reviewed ex
787	787	17 parte with a court reporter present. Orders denying
788	788	18 petitions for compensation or expenses are final.
789	789	19 (j) If the Trust Fund is discontinued or dissolved by an
790	790	20 Act of the General Assembly or by operation of law, any balance
791	791	21 remaining in the Trust Fund shall be returned to the General
792	792	22 Revenue Fund after deduction of administrative costs, any
793	793	23 other provision of this Act to the contrary notwithstanding.
794	794	24 Section 90. The Freedom of Information Act is amended by
795	795	25 changing Section 7.5 as follows:
796	796
797	797
798	798
799	799
800	800
801	801	SB1596 - 21 - LRB103 25237 RLC 51581 b
802	802
803	803
804	804	SB1596- 22 -LRB103 25237 RLC 51581 b SB1596 - 22 - LRB103 25237 RLC 51581 b
805	805	SB1596 - 22 - LRB103 25237 RLC 51581 b
806	806	1 (5 ILCS 140/7.5)
807	807	2 Sec. 7.5. Statutory exemptions. To the extent provided for
808	808	3 by the statutes referenced below, the following shall be
809	809	4 exempt from inspection and copying:
810	810	5 (a) All information determined to be confidential
811	811	6 under Section 4002 of the Technology Advancement and
812	812	7 Development Act.
813	813	8 (b) Library circulation and order records identifying
814	814	9 library users with specific materials under the Library
815	815	10 Records Confidentiality Act.
816	816	11 (c) Applications, related documents, and medical
817	817	12 records received by the Experimental Organ Transplantation
818	818	13 Procedures Board and any and all documents or other
819	819	14 records prepared by the Experimental Organ Transplantation
820	820	15 Procedures Board or its staff relating to applications it
821	821	16 has received.
822	822	17 (d) Information and records held by the Department of
823	823	18 Public Health and its authorized representatives relating
824	824	19 to known or suspected cases of sexually transmissible
825	825	20 disease or any information the disclosure of which is
826	826	21 restricted under the Illinois Sexually Transmissible
827	827	22 Disease Control Act.
828	828	23 (e) Information the disclosure of which is exempted
829	829	24 under Section 30 of the Radon Industry Licensing Act.
830	830	25 (f) Firm performance evaluations under Section 55 of
831	831
832	832
833	833
834	834
835	835
836	836	SB1596 - 22 - LRB103 25237 RLC 51581 b
837	837
838	838
839	839	SB1596- 23 -LRB103 25237 RLC 51581 b SB1596 - 23 - LRB103 25237 RLC 51581 b
840	840	SB1596 - 23 - LRB103 25237 RLC 51581 b
841	841	1 the Architectural, Engineering, and Land Surveying
842	842	2 Qualifications Based Selection Act.
843	843	3 (g) Information the disclosure of which is restricted
844	844	4 and exempted under Section 50 of the Illinois Prepaid
845	845	5 Tuition Act.
846	846	6 (h) Information the disclosure of which is exempted
847	847	7 under the State Officials and Employees Ethics Act, and
848	848	8 records of any lawfully created State or local inspector
849	849	9 general's office that would be exempt if created or
850	850	10 obtained by an Executive Inspector General's office under
851	851	11 that Act.
852	852	12 (i) Information contained in a local emergency energy
853	853	13 plan submitted to a municipality in accordance with a
854	854	14 local emergency energy plan ordinance that is adopted
855	855	15 under Section 11-21.5-5 of the Illinois Municipal Code.
856	856	16 (j) Information and data concerning the distribution
857	857	17 of surcharge moneys collected and remitted by carriers
858	858	18 under the Emergency Telephone System Act.
859	859	19 (k) Law enforcement officer identification information
860	860	20 or driver identification information compiled by a law
861	861	21 enforcement agency or the Department of Transportation
862	862	22 under Section 11-212 of the Illinois Vehicle Code.
863	863	23 (l) Records and information provided to a residential
864	864	24 health care facility resident sexual assault and death
865	865	25 review team or the Executive Council under the Abuse
866	866	26 Prevention Review Team Act.
867	867
868	868
869	869
870	870
871	871
872	872	SB1596 - 23 - LRB103 25237 RLC 51581 b
873	873
874	874
875	875	SB1596- 24 -LRB103 25237 RLC 51581 b SB1596 - 24 - LRB103 25237 RLC 51581 b
876	876	SB1596 - 24 - LRB103 25237 RLC 51581 b
877	877	1 (m) Information provided to the predatory lending
878	878	2 database created pursuant to Article 3 of the Residential
879	879	3 Real Property Disclosure Act, except to the extent
880	880	4 authorized under that Article.
881	881	5 (n) Defense budgets and petitions for certification of
882	882	6 compensation and expenses for court-appointed court
883	883	7 appointed trial counsel as provided under Sections 10 and
884	884	8 15 of the Capital Crimes Litigation Act of 2023. This
885	885	9 subsection (n) shall apply until the conclusion of the
886	886	10 trial of the case, even if the prosecution chooses not to
887	887	11 pursue the death penalty prior to trial or sentencing.
888	888	12 (o) Information that is prohibited from being
889	889	13 disclosed under Section 4 of the Illinois Health and
890	890	14 Hazardous Substances Registry Act.
891	891	15 (p) Security portions of system safety program plans,
892	892	16 investigation reports, surveys, schedules, lists, data, or
893	893	17 information compiled, collected, or prepared by or for the
894	894	18 Department of Transportation under Sections 2705-300 and
895	895	19 2705-616 of the Department of Transportation Law of the
896	896	20 Civil Administrative Code of Illinois, the Regional
897	897	21 Transportation Authority under Section 2.11 of the
898	898	22 Regional Transportation Authority Act, or the St. Clair
899	899	23 County Transit District under the Bi-State Transit Safety
900	900	24 Act.
901	901	25 (q) Information prohibited from being disclosed by the
902	902	26 Personnel Record Review Act.
903	903
904	904
905	905
906	906
907	907
908	908	SB1596 - 24 - LRB103 25237 RLC 51581 b
909	909
910	910
911	911	SB1596- 25 -LRB103 25237 RLC 51581 b SB1596 - 25 - LRB103 25237 RLC 51581 b
912	912	SB1596 - 25 - LRB103 25237 RLC 51581 b
913	913	1 (r) Information prohibited from being disclosed by the
914	914	2 Illinois School Student Records Act.
915	915	3 (s) Information the disclosure of which is restricted
916	916	4 under Section 5-108 of the Public Utilities Act.
917	917	5 (t) All identified or deidentified health information
918	918	6 in the form of health data or medical records contained
919	919	7 in, stored in, submitted to, transferred by, or released
920	920	8 from the Illinois Health Information Exchange, and
921	921	9 identified or deidentified health information in the form
922	922	10 of health data and medical records of the Illinois Health
923	923	11 Information Exchange in the possession of the Illinois
924	924	12 Health Information Exchange Office due to its
925	925	13 administration of the Illinois Health Information
926	926	14 Exchange. The terms "identified" and "deidentified" shall
927	927	15 be given the same meaning as in the Health Insurance
928	928	16 Portability and Accountability Act of 1996, Public Law
929	929	17 104-191, or any subsequent amendments thereto, and any
930	930	18 regulations promulgated thereunder.
931	931	19 (u) Records and information provided to an independent
932	932	20 team of experts under the Developmental Disability and
933	933	21 Mental Health Safety Act (also known as Brian's Law).
934	934	22 (v) Names and information of people who have applied
935	935	23 for or received Firearm Owner's Identification Cards under
936	936	24 the Firearm Owners Identification Card Act or applied for
937	937	25 or received a concealed carry license under the Firearm
938	938	26 Concealed Carry Act, unless otherwise authorized by the
939	939
940	940
941	941
942	942
943	943
944	944	SB1596 - 25 - LRB103 25237 RLC 51581 b
945	945
946	946
947	947	SB1596- 26 -LRB103 25237 RLC 51581 b SB1596 - 26 - LRB103 25237 RLC 51581 b
948	948	SB1596 - 26 - LRB103 25237 RLC 51581 b
949	949	1 Firearm Concealed Carry Act; and databases under the
950	950	2 Firearm Concealed Carry Act, records of the Concealed
951	951	3 Carry Licensing Review Board under the Firearm Concealed
952	952	4 Carry Act, and law enforcement agency objections under the
953	953	5 Firearm Concealed Carry Act.
954	954	6 (v-5) Records of the Firearm Owner's Identification
955	955	7 Card Review Board that are exempted from disclosure under
956	956	8 Section 10 of the Firearm Owners Identification Card Act.
957	957	9 (w) Personally identifiable information which is
958	958	10 exempted from disclosure under subsection (g) of Section
959	959	11 19.1 of the Toll Highway Act.
960	960	12 (x) Information which is exempted from disclosure
961	961	13 under Section 5-1014.3 of the Counties Code or Section
962	962	14 8-11-21 of the Illinois Municipal Code.
963	963	15 (y) Confidential information under the Adult
964	964	16 Protective Services Act and its predecessor enabling
965	965	17 statute, the Elder Abuse and Neglect Act, including
966	966	18 information about the identity and administrative finding
967	967	19 against any caregiver of a verified and substantiated
968	968	20 decision of abuse, neglect, or financial exploitation of
969	969	21 an eligible adult maintained in the Registry established
970	970	22 under Section 7.5 of the Adult Protective Services Act.
971	971	23 (z) Records and information provided to a fatality
972	972	24 review team or the Illinois Fatality Review Team Advisory
973	973	25 Council under Section 15 of the Adult Protective Services
974	974	26 Act.
975	975
976	976
977	977
978	978
979	979
980	980	SB1596 - 26 - LRB103 25237 RLC 51581 b
981	981
982	982
983	983	SB1596- 27 -LRB103 25237 RLC 51581 b SB1596 - 27 - LRB103 25237 RLC 51581 b
984	984	SB1596 - 27 - LRB103 25237 RLC 51581 b
985	985	1 (aa) Information which is exempted from disclosure
986	986	2 under Section 2.37 of the Wildlife Code.
987	987	3 (bb) Information which is or was prohibited from
988	988	4 disclosure by the Juvenile Court Act of 1987.
989	989	5 (cc) Recordings made under the Law Enforcement
990	990	6 Officer-Worn Body Camera Act, except to the extent
991	991	7 authorized under that Act.
992	992	8 (dd) Information that is prohibited from being
993	993	9 disclosed under Section 45 of the Condominium and Common
994	994	10 Interest Community Ombudsperson Act.
995	995	11 (ee) Information that is exempted from disclosure
996	996	12 under Section 30.1 of the Pharmacy Practice Act.
997	997	13 (ff) Information that is exempted from disclosure
998	998	14 under the Revised Uniform Unclaimed Property Act.
999	999	15 (gg) Information that is prohibited from being
1000	1000	16 disclosed under Section 7-603.5 of the Illinois Vehicle
1001	1001	17 Code.
1002	1002	18 (hh) Records that are exempt from disclosure under
1003	1003	19 Section 1A-16.7 of the Election Code.
1004	1004	20 (ii) Information which is exempted from disclosure
1005	1005	21 under Section 2505-800 of the Department of Revenue Law of
1006	1006	22 the Civil Administrative Code of Illinois.
1007	1007	23 (jj) Information and reports that are required to be
1008	1008	24 submitted to the Department of Labor by registering day
1009	1009	25 and temporary labor service agencies but are exempt from
1010	1010	26 disclosure under subsection (a-1) of Section 45 of the Day
1011	1011
1012	1012
1013	1013
1014	1014
1015	1015
1016	1016	SB1596 - 27 - LRB103 25237 RLC 51581 b
1017	1017
1018	1018
1019	1019	SB1596- 28 -LRB103 25237 RLC 51581 b SB1596 - 28 - LRB103 25237 RLC 51581 b
1020	1020	SB1596 - 28 - LRB103 25237 RLC 51581 b
1021	1021	1 and Temporary Labor Services Act.
1022	1022	2 (kk) Information prohibited from disclosure under the
1023	1023	3 Seizure and Forfeiture Reporting Act.
1024	1024	4 (ll) Information the disclosure of which is restricted
1025	1025	5 and exempted under Section 5-30.8 of the Illinois Public
1026	1026	6 Aid Code.
1027	1027	7 (mm) Records that are exempt from disclosure under
1028	1028	8 Section 4.2 of the Crime Victims Compensation Act.
1029	1029	9 (nn) Information that is exempt from disclosure under
1030	1030	10 Section 70 of the Higher Education Student Assistance Act.
1031	1031	11 (oo) Communications, notes, records, and reports
1032	1032	12 arising out of a peer support counseling session
1033	1033	13 prohibited from disclosure under the First Responders
1034	1034	14 Suicide Prevention Act.
1035	1035	15 (pp) Names and all identifying information relating to
1036	1036	16 an employee of an emergency services provider or law
1037	1037	17 enforcement agency under the First Responders Suicide
1038	1038	18 Prevention Act.
1039	1039	19 (qq) Information and records held by the Department of
1040	1040	20 Public Health and its authorized representatives collected
1041	1041	21 under the Reproductive Health Act.
1042	1042	22 (rr) Information that is exempt from disclosure under
1043	1043	23 the Cannabis Regulation and Tax Act.
1044	1044	24 (ss) Data reported by an employer to the Department of
1045	1045	25 Human Rights pursuant to Section 2-108 of the Illinois
1046	1046	26 Human Rights Act.
1047	1047
1048	1048
1049	1049
1050	1050
1051	1051
1052	1052	SB1596 - 28 - LRB103 25237 RLC 51581 b
1053	1053
1054	1054
1055	1055	SB1596- 29 -LRB103 25237 RLC 51581 b SB1596 - 29 - LRB103 25237 RLC 51581 b
1056	1056	SB1596 - 29 - LRB103 25237 RLC 51581 b
1057	1057	1 (tt) Recordings made under the Children's Advocacy
1058	1058	2 Center Act, except to the extent authorized under that
1059	1059	3 Act.
1060	1060	4 (uu) Information that is exempt from disclosure under
1061	1061	5 Section 50 of the Sexual Assault Evidence Submission Act.
1062	1062	6 (vv) Information that is exempt from disclosure under
1063	1063	7 subsections (f) and (j) of Section 5-36 of the Illinois
1064	1064	8 Public Aid Code.
1065	1065	9 (ww) Information that is exempt from disclosure under
1066	1066	10 Section 16.8 of the State Treasurer Act.
1067	1067	11 (xx) Information that is exempt from disclosure or
1068	1068	12 information that shall not be made public under the
1069	1069	13 Illinois Insurance Code.
1070	1070	14 (yy) Information prohibited from being disclosed under
1071	1071	15 the Illinois Educational Labor Relations Act.
1072	1072	16 (zz) Information prohibited from being disclosed under
1073	1073	17 the Illinois Public Labor Relations Act.
1074	1074	18 (aaa) Information prohibited from being disclosed
1075	1075	19 under Section 1-167 of the Illinois Pension Code.
1076	1076	20 (bbb) Information that is prohibited from disclosure
1077	1077	21 by the Illinois Police Training Act and the Illinois State
1078	1078	22 Police Act.
1079	1079	23 (ccc) Records exempt from disclosure under Section
1080	1080	24 2605-304 of the Illinois State Police Law of the Civil
1081	1081	25 Administrative Code of Illinois.
1082	1082	26 (ddd) Information prohibited from being disclosed
1083	1083
1084	1084
1085	1085
1086	1086
1087	1087
1088	1088	SB1596 - 29 - LRB103 25237 RLC 51581 b
1089	1089
1090	1090
1091	1091	SB1596- 30 -LRB103 25237 RLC 51581 b SB1596 - 30 - LRB103 25237 RLC 51581 b
1092	1092	SB1596 - 30 - LRB103 25237 RLC 51581 b
1093	1093	1 under Section 35 of the Address Confidentiality for
1094	1094	2 Victims of Domestic Violence, Sexual Assault, Human
1095	1095	3 Trafficking, or Stalking Act.
1096	1096	4 (eee) Information prohibited from being disclosed
1097	1097	5 under subsection (b) of Section 75 of the Domestic
1098	1098	6 Violence Fatality Review Act.
1099	1099	7 (fff) Images from cameras under the Expressway Camera
1100	1100	8 Act. This subsection (fff) is inoperative on and after
1101	1101	9 July 1, 2023.
1102	1102	10 (ggg) Information prohibited from disclosure under
1103	1103	11 paragraph (3) of subsection (a) of Section 14 of the Nurse
1104	1104	12 Agency Licensing Act.
1105	1105	13 (hhh) Information submitted to the Department of State
1106	1106	14 Police in an affidavit or application for an assault
1107	1107	15 weapon endorsement, assault weapon attachment endorsement,
1108	1108	16 .50 caliber rifle endorsement, or .50 caliber cartridge
1109	1109	17 endorsement under the Firearm Owners Identification Card
1110	1110	18 Act.
1111	1111	19 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
1112	1112	20 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1113	1113	21 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
1114	1114	22 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
1115	1115	23 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1116	1116	24 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
1117	1117	25 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
1118	1118	26 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
1119	1119
1120	1120
1121	1121
1122	1122
1123	1123
1124	1124	SB1596 - 30 - LRB103 25237 RLC 51581 b
1125	1125
1126	1126
1127	1127	SB1596- 31 -LRB103 25237 RLC 51581 b SB1596 - 31 - LRB103 25237 RLC 51581 b
1128	1128	SB1596 - 31 - LRB103 25237 RLC 51581 b
1129	1129	1 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
1130	1130	2 Section 95. The State Finance Act is amended by adding
1131	1131	3 Section 5.990 as follows:
1132	1132	4 (30 ILCS 105/5.990 new)
1133	1133	5 Sec. 5.990. The Capital Litigation Trust Fund.
1134	1134	6 (30 ILCS 105/5.790 rep.)
1135	1135	7 Section 100. The State Finance Act is amended by repealing
1136	1136	8 Section 5.790.
1137	1137	9 Section 105. The Criminal Code of 2012 is amended by
1138	1138	10 changing Section 9-1 as follows:
1139	1139	11 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
1140	1140	12 Sec. 9-1. First degree murder; death penalties;
1141	1141	13 exceptions; separate hearings; proof; findings; appellate
1142	1142	14 procedures; reversals.
1143	1143	15 (a) A person who kills an individual without lawful
1144	1144	16 justification commits first degree murder if, in performing
1145	1145	17 the acts which cause the death:
1146	1146	18 (1) he or she either intends to kill or do great bodily
1147	1147	19 harm to that individual or another, or knows that such
1148	1148	20 acts will cause death to that individual or another; or
1149	1149	21 (2) he or she knows that such acts create a strong
1150	1150
1151	1151
1152	1152
1153	1153
1154	1154
1155	1155	SB1596 - 31 - LRB103 25237 RLC 51581 b
1156	1156
1157	1157
1158	1158	SB1596- 32 -LRB103 25237 RLC 51581 b SB1596 - 32 - LRB103 25237 RLC 51581 b
1159	1159	SB1596 - 32 - LRB103 25237 RLC 51581 b
1160	1160	1 probability of death or great bodily harm to that
1161	1161	2 individual or another; or
1162	1162	3 (3) he or she, acting alone or with one or more
1163	1163	4 participants, commits or attempts to commit a forcible
1164	1164	5 felony other than second degree murder, and in the course
1165	1165	6 of or in furtherance of such crime or flight therefrom, he
1166	1166	7 or she or another participant causes the death of a
1167	1167	8 person.
1168	1168	9 (b) Aggravating Factors. A defendant who at the time of
1169	1169	10 the commission of the offense has attained the age of 18 or
1170	1170	11 more and who has been found guilty of first degree murder may
1171	1171	12 be sentenced to death if:
1172	1172	13 (1) the murdered individual was a peace officer or
1173	1173	14 fireman killed in the course of performing his or her
1174	1174	15 official duties, to prevent the performance of his or her
1175	1175	16 official duties, or in retaliation for performing his or
1176	1176	17 her official duties, and the defendant knew or should have
1177	1177	18 known that the murdered individual was so employed a peace
1178	1178	19 officer or fireman; or
1179	1179	20 (2) the murdered individual was an employee of an
1180	1180	21 institution or facility of the Department of Corrections,
1181	1181	22 or any similar local correctional agency, killed in the
1182	1182	23 course of performing his or her official duties, to
1183	1183	24 prevent the performance of his or her official duties, or
1184	1184	25 in retaliation for performing his or her official duties,
1185	1185	26 or the murdered individual was an inmate at such
1186	1186
1187	1187
1188	1188
1189	1189
1190	1190
1191	1191	SB1596 - 32 - LRB103 25237 RLC 51581 b
1192	1192
1193	1193
1194	1194	SB1596- 33 -LRB103 25237 RLC 51581 b SB1596 - 33 - LRB103 25237 RLC 51581 b
1195	1195	SB1596 - 33 - LRB103 25237 RLC 51581 b
1196	1196	1 institution or facility and was killed on the grounds
1197	1197	2 thereof, or the murdered individual was otherwise present
1198	1198	3 in such institution or facility with the knowledge and
1199	1199	4 approval of the chief administrative officer thereof; or
1200	1200	5 (3) (blank); or the defendant has been convicted of
1201	1201	6 murdering two or more individuals under subsection (a) of
1202	1202	7 this Section or under any law of the United States or of
1203	1203	8 any state which is substantially similar to subsection (a)
1204	1204	9 of this Section regardless of whether the deaths occurred
1205	1205	10 as the result of the same act or of several related or
1206	1206	11 unrelated acts so long as the deaths were the result of
1207	1207	12 either an intent to kill more than one person or of
1208	1208	13 separate acts which the defendant knew would cause death
1209	1209	14 or create a strong probability of death or great bodily
1210	1210	15 harm to the murdered individual or another; or
1211	1211	16 (4) (blank); or the murdered individual was killed as
1212	1212	17 a result of the hijacking of an airplane, train, ship,
1213	1213	18 bus, or other public conveyance; or
1214	1214	19 (5) (blank); or the defendant committed the murder
1215	1215	20 pursuant to a contract, agreement, or understanding by
1216	1216	21 which he or she was to receive money or anything of value
1217	1217	22 in return for committing the murder or procured another to
1218	1218	23 commit the murder for money or anything of value; or
1219	1219	24 (6) (blank); or the murdered individual was killed in
1220	1220	25 the course of another felony if:
1221	1221	26 (a) the murdered individual:
1222	1222
1223	1223
1224	1224
1225	1225
1226	1226
1227	1227	SB1596 - 33 - LRB103 25237 RLC 51581 b
1228	1228
1229	1229
1230	1230	SB1596- 34 -LRB103 25237 RLC 51581 b SB1596 - 34 - LRB103 25237 RLC 51581 b
1231	1231	SB1596 - 34 - LRB103 25237 RLC 51581 b
1232	1232	1 (i) was actually killed by the defendant, or
1233	1233	2 (ii) received physical injuries personally
1234	1234	3 inflicted by the defendant substantially
1235	1235	4 contemporaneously with physical injuries caused by
1236	1236	5 one or more persons for whose conduct the
1237	1237	6 defendant is legally accountable under Section 5-2
1238	1238	7 of this Code, and the physical injuries inflicted
1239	1239	8 by either the defendant or the other person or
1240	1240	9 persons for whose conduct he is legally
1241	1241	10 accountable caused the death of the murdered
1242	1242	11 individual; and
1243	1243	12 (b) in performing the acts which caused the death
1244	1244	13 of the murdered individual or which resulted in
1245	1245	14 physical injuries personally inflicted by the
1246	1246	15 defendant on the murdered individual under the
1247	1247	16 circumstances of subdivision (ii) of subparagraph (a)
1248	1248	17 of paragraph (6) of subsection (b) of this Section,
1249	1249	18 the defendant acted with the intent to kill the
1250	1250	19 murdered individual or with the knowledge that his
1251	1251	20 acts created a strong probability of death or great
1252	1252	21 bodily harm to the murdered individual or another; and
1253	1253	22 (c) the other felony was an inherently violent
1254	1254	23 crime or the attempt to commit an inherently violent
1255	1255	24 crime. In this subparagraph (c), "inherently violent
1256	1256	25 crime" includes, but is not limited to, armed robbery,
1257	1257	26 robbery, predatory criminal sexual assault of a child,
1258	1258
1259	1259
1260	1260
1261	1261
1262	1262
1263	1263	SB1596 - 34 - LRB103 25237 RLC 51581 b
1264	1264
1265	1265
1266	1266	SB1596- 35 -LRB103 25237 RLC 51581 b SB1596 - 35 - LRB103 25237 RLC 51581 b
1267	1267	SB1596 - 35 - LRB103 25237 RLC 51581 b
1268	1268	1 aggravated criminal sexual assault, aggravated
1269	1269	2 kidnapping, aggravated vehicular hijacking, aggravated
1270	1270	3 arson, aggravated stalking, residential burglary, and
1271	1271	4 home invasion; or
1272	1272	5 (7) (blank); or the murdered individual was under 12
1273	1273	6 years of age and the death resulted from exceptionally
1274	1274	7 brutal or heinous behavior indicative of wanton cruelty;
1275	1275	8 or
1276	1276	9 (8) (blank); or the defendant committed the murder
1277	1277	10 with intent to prevent the murdered individual from
1278	1278	11 testifying or participating in any criminal investigation
1279	1279	12 or prosecution or giving material assistance to the State
1280	1280	13 in any investigation or prosecution, either against the
1281	1281	14 defendant or another; or the defendant committed the
1282	1282	15 murder because the murdered individual was a witness in
1283	1283	16 any prosecution or gave material assistance to the State
1284	1284	17 in any investigation or prosecution, either against the
1285	1285	18 defendant or another; for purposes of this paragraph (8),
1286	1286	19 "participating in any criminal investigation or
1287	1287	20 prosecution" is intended to include those appearing in the
1288	1288	21 proceedings in any capacity such as trial judges,
1289	1289	22 prosecutors, defense attorneys, investigators, witnesses,
1290	1290	23 or jurors; or
1291	1291	24 (9) (blank); or the defendant, while committing an
1292	1292	25 offense punishable under Sections 401, 401.1, 401.2, 405,
1293	1293	26 405.2, 407 or 407.1 or subsection (b) of Section 404 of the
1294	1294
1295	1295
1296	1296
1297	1297
1298	1298
1299	1299	SB1596 - 35 - LRB103 25237 RLC 51581 b
1300	1300
1301	1301
1302	1302	SB1596- 36 -LRB103 25237 RLC 51581 b SB1596 - 36 - LRB103 25237 RLC 51581 b
1303	1303	SB1596 - 36 - LRB103 25237 RLC 51581 b
1304	1304	1 Illinois Controlled Substances Act, or while engaged in a
1305	1305	2 conspiracy or solicitation to commit such offense,
1306	1306	3 intentionally killed an individual or counseled,
1307	1307	4 commanded, induced, procured or caused the intentional
1308	1308	5 killing of the murdered individual; or
1309	1309	6 (10) (blank); or the defendant was incarcerated in an
1310	1310	7 institution or facility of the Department of Corrections
1311	1311	8 at the time of the murder, and while committing an offense
1312	1312	9 punishable as a felony under Illinois law, or while
1313	1313	10 engaged in a conspiracy or solicitation to commit such
1314	1314	11 offense, intentionally killed an individual or counseled,
1315	1315	12 commanded, induced, procured or caused the intentional
1316	1316	13 killing of the murdered individual; or
1317	1317	14 (11) (blank); or the murder was committed in a cold,
1318	1318	15 calculated and premeditated manner pursuant to a
1319	1319	16 preconceived plan, scheme or design to take a human life
1320	1320	17 by unlawful means, and the conduct of the defendant
1321	1321	18 created a reasonable expectation that the death of a human
1322	1322	19 being would result therefrom; or
1323	1323	20 (12) (blank); or the murdered individual was an
1324	1324	21 emergency medical technician - ambulance, emergency
1325	1325	22 medical technician - intermediate, emergency medical
1326	1326	23 technician - paramedic, ambulance driver, or other medical
1327	1327	24 assistance or first aid personnel, employed by a
1328	1328	25 municipality or other governmental unit, killed in the
1329	1329	26 course of performing his official duties, to prevent the
1330	1330
1331	1331
1332	1332
1333	1333
1334	1334
1335	1335	SB1596 - 36 - LRB103 25237 RLC 51581 b
1336	1336
1337	1337
1338	1338	SB1596- 37 -LRB103 25237 RLC 51581 b SB1596 - 37 - LRB103 25237 RLC 51581 b
1339	1339	SB1596 - 37 - LRB103 25237 RLC 51581 b
1340	1340	1 performance of his official duties, or in retaliation for
1341	1341	2 performing his official duties, and the defendant knew or
1342	1342	3 should have known that the murdered individual was an
1343	1343	4 emergency medical technician - ambulance, emergency
1344	1344	5 medical technician - intermediate, emergency medical
1345	1345	6 technician - paramedic, ambulance driver, or other medical
1346	1346	7 assistance or first aid personnel; or
1347	1347	8 (13) (blank); or the defendant was a principal
1348	1348	9 administrator, organizer, or leader of a calculated
1349	1349	10 criminal drug conspiracy consisting of a hierarchical
1350	1350	11 position of authority superior to that of all other
1351	1351	12 members of the conspiracy, and the defendant counseled,
1352	1352	13 commanded, induced, procured, or caused the intentional
1353	1353	14 killing of the murdered person; or
1354	1354	15 (14) (blank); or the murder was intentional and
1355	1355	16 involved the infliction of torture. For the purpose of
1356	1356	17 this Section torture means the infliction of or subjection
1357	1357	18 to extreme physical pain, motivated by an intent to
1358	1358	19 increase or prolong the pain, suffering or agony of the
1359	1359	20 victim; or
1360	1360	21 (15) (blank); or the murder was committed as a result
1361	1361	22 of the intentional discharge of a firearm by the defendant
1362	1362	23 from a motor vehicle and the victim was not present within
1363	1363	24 the motor vehicle; or
1364	1364	25 (16) (blank); or the murdered individual was 60 years
1365	1365	26 of age or older and the death resulted from exceptionally
1366	1366
1367	1367
1368	1368
1369	1369
1370	1370
1371	1371	SB1596 - 37 - LRB103 25237 RLC 51581 b
1372	1372
1373	1373
1374	1374	SB1596- 38 -LRB103 25237 RLC 51581 b SB1596 - 38 - LRB103 25237 RLC 51581 b
1375	1375	SB1596 - 38 - LRB103 25237 RLC 51581 b
1376	1376	1 brutal or heinous behavior indicative of wanton cruelty;
1377	1377	2 or
1378	1378	3 (17) (blank); or the murdered individual was a person
1379	1379	4 with a disability and the defendant knew or should have
1380	1380	5 known that the murdered individual was a person with a
1381	1381	6 disability. For purposes of this paragraph (17), "person
1382	1382	7 with a disability" means a person who suffers from a
1383	1383	8 permanent physical or mental impairment resulting from
1384	1384	9 disease, an injury, a functional disorder, or a congenital
1385	1385	10 condition that renders the person incapable of adequately
1386	1386	11 providing for his or her own health or personal care; or
1387	1387	12 (18) (blank); or the murder was committed by reason of
1388	1388	13 any person's activity as a community policing volunteer or
1389	1389	14 to prevent any person from engaging in activity as a
1390	1390	15 community policing volunteer; or
1391	1391	16 (19) (blank); or the murdered individual was subject
1392	1392	17 to an order of protection and the murder was committed by a
1393	1393	18 person against whom the same order of protection was
1394	1394	19 issued under the Illinois Domestic Violence Act of 1986;
1395	1395	20 or
1396	1396	21 (20) (blank); or the murdered individual was known by
1397	1397	22 the defendant to be a teacher or other person employed in
1398	1398	23 any school and the teacher or other employee is upon the
1399	1399	24 grounds of a school or grounds adjacent to a school, or is
1400	1400	25 in any part of a building used for school purposes; or
1401	1401	26 (21) (blank); or the murder was committed by the
1402	1402
1403	1403
1404	1404
1405	1405
1406	1406
1407	1407	SB1596 - 38 - LRB103 25237 RLC 51581 b
1408	1408
1409	1409
1410	1410	SB1596- 39 -LRB103 25237 RLC 51581 b SB1596 - 39 - LRB103 25237 RLC 51581 b
1411	1411	SB1596 - 39 - LRB103 25237 RLC 51581 b
1412	1412	1 defendant in connection with or as a result of the offense
1413	1413	2 of terrorism as defined in Section 29D-14.9 of this Code;
1414	1414	3 or
1415	1415	4 (22) the murdered individual was a member of a
1416	1416	5 congregation engaged in prayer or other religious
1417	1417	6 activities at a church, synagogue, mosque, or other
1418	1418	7 building, structure, or place used for religious worship.
1419	1419	8 (b-5) Aggravating Factor; Natural Life Imprisonment. A
1420	1420	9 defendant who has been found guilty of first degree murder and
1421	1421	10 who at the time of the commission of the offense had attained
1422	1422	11 the age of 18 years or more may be sentenced to natural life
1423	1423	12 imprisonment if (i) the murdered individual was a physician,
1424	1424	13 physician assistant, psychologist, nurse, or advanced practice
1425	1425	14 registered nurse, (ii) the defendant knew or should have known
1426	1426	15 that the murdered individual was a physician, physician
1427	1427	16 assistant, psychologist, nurse, or advanced practice
1428	1428	17 registered nurse, and (iii) the murdered individual was killed
1429	1429	18 in the course of acting in his or her capacity as a physician,
1430	1430	19 physician assistant, psychologist, nurse, or advanced practice
1431	1431	20 registered nurse, or to prevent him or her from acting in that
1432	1432	21 capacity, or in retaliation for his or her acting in that
1433	1433	22 capacity.
1434	1434	23 (c) Consideration of factors in Aggravation and
1435	1435	24 Mitigation.
1436	1436	25 The court shall consider, or shall instruct the jury to
1437	1437	26 consider any aggravating and any mitigating factors which are
1438	1438
1439	1439
1440	1440
1441	1441
1442	1442
1443	1443	SB1596 - 39 - LRB103 25237 RLC 51581 b
1444	1444
1445	1445
1446	1446	SB1596- 40 -LRB103 25237 RLC 51581 b SB1596 - 40 - LRB103 25237 RLC 51581 b
1447	1447	SB1596 - 40 - LRB103 25237 RLC 51581 b
1448	1448	1 relevant to the imposition of the death penalty. Aggravating
1449	1449	2 factors may include but need not be limited to those factors
1450	1450	3 set forth in subsection (b). Mitigating factors may include
1451	1451	4 but need not be limited to the following:
1452	1452	5 (1) the defendant has no significant history of prior
1453	1453	6 criminal activity;
1454	1454	7 (2) the murder was committed while the defendant was
1455	1455	8 under the influence of extreme mental or emotional
1456	1456	9 disturbance, although not such as to constitute a defense
1457	1457	10 to prosecution;
1458	1458	11 (3) the murdered individual was a participant in the
1459	1459	12 defendant's homicidal conduct or consented to the
1460	1460	13 homicidal act;
1461	1461	14 (4) the defendant acted under the compulsion of threat
1462	1462	15 or menace of the imminent infliction of death or great
1463	1463	16 bodily harm;
1464	1464	17 (5) the defendant was not personally present during
1465	1465	18 commission of the act or acts causing death;
1466	1466	19 (6) the defendant's background includes a history of
1467	1467	20 extreme emotional or physical abuse;
1468	1468	21 (7) the defendant suffers from a reduced mental
1469	1469	22 capacity.
1470	1470	23 Provided, however, that an action that does not otherwise
1471	1471	24 mitigate first degree murder cannot qualify as a mitigating
1472	1472	25 factor for first degree murder because of the discovery,
1473	1473	26 knowledge, or disclosure of the victim's sexual orientation as
1474	1474
1475	1475
1476	1476
1477	1477
1478	1478
1479	1479	SB1596 - 40 - LRB103 25237 RLC 51581 b
1480	1480
1481	1481
1482	1482	SB1596- 41 -LRB103 25237 RLC 51581 b SB1596 - 41 - LRB103 25237 RLC 51581 b
1483	1483	SB1596 - 41 - LRB103 25237 RLC 51581 b
1484	1484	1 defined in Section 1-103 of the Illinois Human Rights Act.
1485	1485	2 (d) Separate sentencing hearing.
1486	1486	3 Where requested by the State, the court shall conduct a
1487	1487	4 separate sentencing proceeding to determine the existence of
1488	1488	5 factors set forth in subsection (b) and to consider any
1489	1489	6 aggravating or mitigating factors as indicated in subsection
1490	1490	7 (c). The proceeding shall be conducted:
1491	1491	8 (1) before the jury that determined the defendant's
1492	1492	9 guilt; or
1493	1493	10 (2) before a jury impanelled for the purpose of the
1494	1494	11 proceeding if:
1495	1495	12 A. the defendant was convicted upon a plea of
1496	1496	13 guilty; or
1497	1497	14 B. the defendant was convicted after a trial
1498	1498	15 before the court sitting without a jury; or
1499	1499	16 C. the court for good cause shown discharges the
1500	1500	17 jury that determined the defendant's guilt; or
1501	1501	18 (3) before the court alone if the defendant waives a
1502	1502	19 jury for the separate proceeding.
1503	1503	20 (e) Evidence and Argument.
1504	1504	21 During the proceeding any information relevant to any of
1505	1505	22 the factors set forth in subsection (b) may be presented by
1506	1506	23 either the State or the defendant under the rules governing
1507	1507	24 the admission of evidence at criminal trials. Any information
1508	1508	25 relevant to any additional aggravating factors or any
1509	1509	26 mitigating factors indicated in subsection (c) may be
1510	1510
1511	1511
1512	1512
1513	1513
1514	1514
1515	1515	SB1596 - 41 - LRB103 25237 RLC 51581 b
1516	1516
1517	1517
1518	1518	SB1596- 42 -LRB103 25237 RLC 51581 b SB1596 - 42 - LRB103 25237 RLC 51581 b
1519	1519	SB1596 - 42 - LRB103 25237 RLC 51581 b
1520	1520	1 presented by the State or defendant regardless of its
1521	1521	2 admissibility under the rules governing the admission of
1522	1522	3 evidence at criminal trials. The State and the defendant shall
1523	1523	4 be given fair opportunity to rebut any information received at
1524	1524	5 the hearing.
1525	1525	6 (f) Proof.
1526	1526	7 The burden of proof of establishing the existence of any
1527	1527	8 of the factors set forth in subsection (b) is on the State and
1528	1528	9 shall not be satisfied unless established beyond a reasonable
1529	1529	10 doubt.
1530	1530	11 (g) Procedure - Jury.
1531	1531	12 If at the separate sentencing proceeding the jury finds
1532	1532	13 that none of the factors set forth in subsection (b) exists,
1533	1533	14 the court shall sentence the defendant to a term of
1534	1534	15 imprisonment under Chapter V of the Unified Code of
1535	1535	16 Corrections. If there is a unanimous finding by the jury that
1536	1536	17 one or more of the factors set forth in subsection (b) exist,
1537	1537	18 the jury shall consider aggravating and mitigating factors as
1538	1538	19 instructed by the court and shall determine whether the
1539	1539	20 sentence of death shall be imposed. If the jury determines
1540	1540	21 unanimously, after weighing the factors in aggravation and
1541	1541	22 mitigation, that death is the appropriate sentence, the court
1542	1542	23 shall sentence the defendant to death. If the court does not
1543	1543	24 concur with the jury determination that death is the
1544	1544	25 appropriate sentence, the court shall set forth reasons in
1545	1545	26 writing including what facts or circumstances the court relied
1546	1546
1547	1547
1548	1548
1549	1549
1550	1550
1551	1551	SB1596 - 42 - LRB103 25237 RLC 51581 b
1552	1552
1553	1553
1554	1554	SB1596- 43 -LRB103 25237 RLC 51581 b SB1596 - 43 - LRB103 25237 RLC 51581 b
1555	1555	SB1596 - 43 - LRB103 25237 RLC 51581 b
1556	1556	1 upon, along with any relevant documents, that compelled the
1557	1557	2 court to non-concur with the sentence. This document and any
1558	1558	3 attachments shall be part of the record for appellate review.
1559	1559	4 The court shall be bound by the jury's sentencing
1560	1560	5 determination.
1561	1561	6 If after weighing the factors in aggravation and
1562	1562	7 mitigation, one or more jurors determines that death is not
1563	1563	8 the appropriate sentence, the court shall sentence the
1564	1564	9 defendant to a term of imprisonment under Chapter V of the
1565	1565	10 Unified Code of Corrections.
1566	1566	11 (h) Procedure - No Jury.
1567	1567	12 In a proceeding before the court alone, if the court finds
1568	1568	13 that none of the factors found in subsection (b) exists, the
1569	1569	14 court shall sentence the defendant to a term of imprisonment
1570	1570	15 under Chapter V of the Unified Code of Corrections.
1571	1571	16 If the Court determines that one or more of the factors set
1572	1572	17 forth in subsection (b) exists, the Court shall consider any
1573	1573	18 aggravating and mitigating factors as indicated in subsection
1574	1574	19 (c). If the Court determines, after weighing the factors in
1575	1575	20 aggravation and mitigation, that death is the appropriate
1576	1576	21 sentence, the Court shall sentence the defendant to death.
1577	1577	22 If the court finds that death is not the appropriate
1578	1578	23 sentence, the court shall sentence the defendant to a term of
1579	1579	24 imprisonment under Chapter V of the Unified Code of
1580	1580	25 Corrections.
1581	1581	26 (h-5) Decertification as a capital case.
1582	1582
1583	1583
1584	1584
1585	1585
1586	1586
1587	1587	SB1596 - 43 - LRB103 25237 RLC 51581 b
1588	1588
1589	1589
1590	1590	SB1596- 44 -LRB103 25237 RLC 51581 b SB1596 - 44 - LRB103 25237 RLC 51581 b
1591	1591	SB1596 - 44 - LRB103 25237 RLC 51581 b
1592	1592	1 In a case in which the defendant has been found guilty of
1593	1593	2 first degree murder by a judge or jury, or a case on remand for
1594	1594	3 resentencing, and the State seeks the death penalty as an
1595	1595	4 appropriate sentence, on the court's own motion or the written
1596	1596	5 motion of the defendant, the court may decertify the case as a
1597	1597	6 death penalty case if the court finds that the only evidence
1598	1598	7 supporting the defendant's conviction is the uncorroborated
1599	1599	8 testimony of an informant witness, as defined in Section
1600	1600	9 115-21 of the Code of Criminal Procedure of 1963, concerning
1601	1601	10 the confession or admission of the defendant or that the sole
1602	1602	11 evidence against the defendant is a single eyewitness or
1603	1603	12 single accomplice without any other corroborating evidence. If
1604	1604	13 the court decertifies the case as a capital case under either
1605	1605	14 of the grounds set forth above, the court shall issue a written
1606	1606	15 finding. The State may pursue its right to appeal the
1607	1607	16 decertification pursuant to Supreme Court Rule 604(a)(1). If
1608	1608	17 the court does not decertify the case as a capital case, the
1609	1609	18 matter shall proceed to the eligibility phase of the
1610	1610	19 sentencing hearing.
1611	1611	20 (i) Appellate Procedure.
1612	1612	21 The conviction and sentence of death shall be subject to
1613	1613	22 automatic review by the Supreme Court. Such review shall be in
1614	1614	23 accordance with rules promulgated by the Supreme Court. The
1615	1615	24 Illinois Supreme Court may overturn the death sentence, and
1616	1616	25 order the imposition of imprisonment under Chapter V of the
1617	1617	26 Unified Code of Corrections if the court finds that the death
1618	1618
1619	1619
1620	1620
1621	1621
1622	1622
1623	1623	SB1596 - 44 - LRB103 25237 RLC 51581 b
1624	1624
1625	1625
1626	1626	SB1596- 45 -LRB103 25237 RLC 51581 b SB1596 - 45 - LRB103 25237 RLC 51581 b
1627	1627	SB1596 - 45 - LRB103 25237 RLC 51581 b
1628	1628	1 sentence is fundamentally unjust as applied to the particular
1629	1629	2 case. If the Illinois Supreme Court finds that the death
1630	1630	3 sentence is fundamentally unjust as applied to the particular
1631	1631	4 case, independent of any procedural grounds for relief, the
1632	1632	5 Illinois Supreme Court shall issue a written opinion
1633	1633	6 explaining this finding.
1634	1634	7 (j) Disposition of reversed death sentence.
1635	1635	8 In the event that the death penalty in this Act is held to
1636	1636	9 be unconstitutional by the Supreme Court of the United States
1637	1637	10 or of the State of Illinois, any person convicted of first
1638	1638	11 degree murder shall be sentenced by the court to a term of
1639	1639	12 imprisonment under Chapter V of the Unified Code of
1640	1640	13 Corrections.
1641	1641	14 In the event that any death sentence pursuant to the
1642	1642	15 sentencing provisions of this Section is declared
1643	1643	16 unconstitutional by the Supreme Court of the United States or
1644	1644	17 of the State of Illinois, the court having jurisdiction over a
1645	1645	18 person previously sentenced to death shall cause the defendant
1646	1646	19 to be brought before the court, and the court shall sentence
1647	1647	20 the defendant to a term of imprisonment under Chapter V of the
1648	1648	21 Unified Code of Corrections.
1649	1649	22 (k) Guidelines for seeking the death penalty.
1650	1650	23 The Attorney General and State's Attorneys Association
1651	1651	24 shall consult on voluntary guidelines for procedures governing
1652	1652	25 whether or not to seek the death penalty. The guidelines do not
1653	1653	26 have the force of law and are only advisory in nature.
1654	1654
1655	1655
1656	1656
1657	1657
1658	1658
1659	1659	SB1596 - 45 - LRB103 25237 RLC 51581 b
1660	1660
1661	1661
1662	1662	SB1596- 46 -LRB103 25237 RLC 51581 b SB1596 - 46 - LRB103 25237 RLC 51581 b
1663	1663	SB1596 - 46 - LRB103 25237 RLC 51581 b
1664	1664	1 (Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
1665	1665	2 100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.
1666	1666	3 7-1-21.)
1667	1667	4 Section 110. The Code of Criminal Procedure of 1963 is
1668	1668	5 amended by changing Sections 113-3 and 119-1 as follows:
1669	1669	6 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
1670	1670	7 Sec. 113-3. (a) Every person charged with an offense shall
1671	1671	8 be allowed counsel before pleading to the charge. If the
1672	1672	9 defendant desires counsel and has been unable to obtain same
1673	1673	10 before arraignment the court shall recess court or continue
1674	1674	11 the cause for a reasonable time to permit defendant to obtain
1675	1675	12 counsel and consult with him before pleading to the charge. If
1676	1676	13 the accused is a dissolved corporation, and is not represented
1677	1677	14 by counsel, the court may, in the interest of justice, appoint
1678	1678	15 as counsel a licensed attorney of this State.
1679	1679	16 (b) In all cases, except where the penalty is a fine only,
1680	1680	17 if the court determines that the defendant is indigent and
1681	1681	18 desires counsel, the Public Defender shall be appointed as
1682	1682	19 counsel. If there is no Public Defender in the county or if the
1683	1683	20 defendant requests counsel other than the Public Defender and
1684	1684	21 the court finds that the rights of the defendant will be
1685	1685	22 prejudiced by the appointment of the Public Defender, the
1686	1686	23 court shall appoint as counsel a licensed attorney at law of
1687	1687	24 this State, except that in a county having a population of
1688	1688
1689	1689
1690	1690
1691	1691
1692	1692
1693	1693	SB1596 - 46 - LRB103 25237 RLC 51581 b
1694	1694
1695	1695
1696	1696	SB1596- 47 -LRB103 25237 RLC 51581 b SB1596 - 47 - LRB103 25237 RLC 51581 b
1697	1697	SB1596 - 47 - LRB103 25237 RLC 51581 b
1698	1698	1 2,000,000 or more the Public Defender shall be appointed as
1699	1699	2 counsel in all misdemeanor cases where the defendant is
1700	1700	3 indigent and desires counsel unless the case involves multiple
1701	1701	4 defendants, in which case the court may appoint counsel other
1702	1702	5 than the Public Defender for the additional defendants. The
1703	1703	6 court shall require an affidavit signed by any defendant who
1704	1704	7 requests court-appointed counsel. Such affidavit shall be in
1705	1705	8 the form established by the Supreme Court containing
1706	1706	9 sufficient information to ascertain the assets and liabilities
1707	1707	10 of that defendant. The Court may direct the Clerk of the
1708	1708	11 Circuit Court to assist the defendant in the completion of the
1709	1709	12 affidavit. Any person who knowingly files such affidavit
1710	1710	13 containing false information concerning his assets and
1711	1711	14 liabilities shall be liable to the county where the case, in
1712	1712	15 which such false affidavit is filed, is pending for the
1713	1713	16 reasonable value of the services rendered by the public
1714	1714	17 defender or other court-appointed counsel in the case to the
1715	1715	18 extent that such services were unjustly or falsely procured.
1716	1716	19 (c) Upon the filing with the court of a verified statement
1717	1717	20 of services rendered the court shall order the county
1718	1718	21 treasurer of the county of trial to pay counsel other than the
1719	1719	22 Public Defender a reasonable fee. The court shall consider all
1720	1720	23 relevant circumstances, including but not limited to the time
1721	1721	24 spent while court is in session, other time spent in
1722	1722	25 representing the defendant, and expenses reasonably incurred
1723	1723	26 by counsel. In counties with a population greater than
1724	1724
1725	1725
1726	1726
1727	1727
1728	1728
1729	1729	SB1596 - 47 - LRB103 25237 RLC 51581 b
1730	1730
1731	1731
1732	1732	SB1596- 48 -LRB103 25237 RLC 51581 b SB1596 - 48 - LRB103 25237 RLC 51581 b
1733	1733	SB1596 - 48 - LRB103 25237 RLC 51581 b
1734	1734	1 2,000,000, the court shall order the county treasurer of the
1735	1735	2 county of trial to pay counsel other than the Public Defender a
1736	1736	3 reasonable fee stated in the order and based upon a rate of
1737	1737	4 compensation of not more than $40 for each hour spent while
1738	1738	5 court is in session and not more than $30 for each hour
1739	1739	6 otherwise spent representing a defendant, and such
1740	1740	7 compensation shall not exceed $150 for each defendant
1741	1741	8 represented in misdemeanor cases and $1250 in felony cases, in
1742	1742	9 addition to expenses reasonably incurred as hereinafter in
1743	1743	10 this Section provided, except that, in extraordinary
1744	1744	11 circumstances, payment in excess of the limits herein stated
1745	1745	12 may be made if the trial court certifies that such payment is
1746	1746	13 necessary to provide fair compensation for protracted
1747	1747	14 representation. A trial court may entertain the filing of this
1748	1748	15 verified statement before the termination of the cause, and
1749	1749	16 may order the provisional payment of sums during the pendency
1750	1750	17 of the cause.
1751	1751	18 (d) In capital cases, in addition to counsel, if the court
1752	1752	19 determines that the defendant is indigent the court may, upon
1753	1753	20 the filing with the court of a verified statement of services
1754	1754	21 rendered, order the county Treasurer of the county of trial to
1755	1755	22 pay necessary expert witnesses for defendant reasonable
1756	1756	23 compensation stated in the order not to exceed $250 for each
1757	1757	24 defendant.
1758	1758	25 (e) If the court in any county having a population greater
1759	1759	26 than 2,000,000 determines that the defendant is indigent the
1760	1760
1761	1761
1762	1762
1763	1763
1764	1764
1765	1765	SB1596 - 48 - LRB103 25237 RLC 51581 b
1766	1766
1767	1767
1768	1768	SB1596- 49 -LRB103 25237 RLC 51581 b SB1596 - 49 - LRB103 25237 RLC 51581 b
1769	1769	SB1596 - 49 - LRB103 25237 RLC 51581 b
1770	1770	1 court may, upon the filing with the court of a verified
1771	1771	2 statement of such expenses, order the county treasurer of the
1772	1772	3 county of trial, in such counties having a population greater
1773	1773	4 than 2,000,000 to pay the general expenses of the trial
1774	1774	5 incurred by the defendant not to exceed $50 for each
1775	1775	6 defendant.
1776	1776	7 (f) The provisions of this Section relating to appointment
1777	1777	8 of counsel, compensation of counsel, and payment of expenses
1778	1778	9 in capital cases apply except when the compensation and
1779	1779	10 expenses are being provided under the Capital Crimes
1780	1780	11 Litigation Act of 2023.
1781	1781	12 (Source: P.A. 91-589, eff. 1-1-00.)
1782	1782	13 (725 ILCS 5/119-1)
1783	1783	14 Sec. 119-1. Death penalty restored abolished.
1784	1784	15 (a) (Blank). Beginning on the effective date of this
1785	1785	16 amendatory Act of the 96th General Assembly, notwithstanding
1786	1786	17 any other law to the contrary, the death penalty is abolished
1787	1787	18 and a sentence to death may not be imposed.
1788	1788	19 (b) All unobligated and unexpended moneys remaining in the
1789	1789	20 Capital Litigation Trust Fund on the effective date of this
1790	1790	21 amendatory Act of the 96th General Assembly shall be
1791	1791	22 transferred into the Death Penalty Abolition Fund on the
1792	1792	23 effective date of this amendatory Act of the 103rd General
1793	1793	24 Assembly shall be transferred into the Capital Litigation
1794	1794	25 Trust Fund , a special fund in the State treasury, to be
1795	1795
1796	1796
1797	1797
1798	1798
1799	1799
1800	1800	SB1596 - 49 - LRB103 25237 RLC 51581 b
1801	1801
1802	1802
1803	1803	SB1596- 50 -LRB103 25237 RLC 51581 b SB1596 - 50 - LRB103 25237 RLC 51581 b
1804	1804	SB1596 - 50 - LRB103 25237 RLC 51581 b
1805	1805	1 expended by the Illinois Criminal Justice Information
1806	1806	2 Authority, for services for families of victims of homicide or
1807	1807	3 murder and for training of law enforcement personnel.
1808	1808	4 (Source: P.A. 96-1543, eff. 7-1-11.)
1809	1809	5 Section 115. The State Appellate Defender Act is amended
1810	1810	6 by changing Section 10 as follows:
1811	1811	7 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
1812	1812	8 Sec. 10. Powers and duties of State Appellate Defender.
1813	1813	9 (a) The State Appellate Defender shall represent indigent
1814	1814	10 persons on appeal in criminal and delinquent minor
1815	1815	11 proceedings, when appointed to do so by a court under a Supreme
1816	1816	12 Court Rule or law of this State.
1817	1817	13 (b) The State Appellate Defender shall submit a budget for
1818	1818	14 the approval of the State Appellate Defender Commission.
1819	1819	15 (c) The State Appellate Defender may:
1820	1820	16 (1) maintain a panel of private attorneys available to
1821	1821	17 serve as counsel on a case basis;
1822	1822	18 (2) establish programs, alone or in conjunction with
1823	1823	19 law schools, for the purpose of utilizing volunteer law
1824	1824	20 students as legal assistants;
1825	1825	21 (3) cooperate and consult with state agencies,
1826	1826	22 professional associations, and other groups concerning the
1827	1827	23 causes of criminal conduct, the rehabilitation and
1828	1828	24 correction of persons charged with and convicted of crime,
1829	1829
1830	1830
1831	1831
1832	1832
1833	1833
1834	1834	SB1596 - 50 - LRB103 25237 RLC 51581 b
1835	1835
1836	1836
1837	1837	SB1596- 51 -LRB103 25237 RLC 51581 b SB1596 - 51 - LRB103 25237 RLC 51581 b
1838	1838	SB1596 - 51 - LRB103 25237 RLC 51581 b
1839	1839	1 the administration of criminal justice, and, in counties
1840	1840	2 of less than 1,000,000 population, study, design, develop
1841	1841	3 and implement model systems for the delivery of trial
1842	1842	4 level defender services, and make an annual report to the
1843	1843	5 General Assembly;
1844	1844	6 (4) hire investigators to provide investigative
1845	1845	7 services to appointed counsel and county public defenders;
1846	1846	8 (5) (blank);
1847	1847	9 (5.1) in cases in which a death sentence is an
1848	1848	10 authorized disposition, provide trial counsel with legal
1849	1849	11 assistance and the assistance of expert witnesses,
1850	1850	12 investigators, and mitigation specialists from funds
1851	1851	13 appropriated to the State Appellate Defender specifically
1852	1852	14 for that purpose by the General Assembly. The Office of
1853	1853	15 State Appellate Defender shall not be appointed to serve
1854	1854	16 as trial counsel in capital cases;
1855	1855	17 (5.5) provide training to county public defenders;
1856	1856	18 (5.7) provide county public defenders with the
1857	1857	19 assistance of expert witnesses and investigators from
1858	1858	20 funds appropriated to the State Appellate Defender
1859	1859	21 specifically for that purpose by the General Assembly. The
1860	1860	22 Office of the State Appellate Defender shall not be
1861	1861	23 appointed to act as trial counsel;
1862	1862	24 (6) develop a Juvenile Defender Resource Center to:
1863	1863	25 (i) study, design, develop, and implement model systems
1864	1864	26 for the delivery of trial level defender services for
1865	1865
1866	1866
1867	1867
1868	1868
1869	1869
1870	1870	SB1596 - 51 - LRB103 25237 RLC 51581 b
1871	1871
1872	1872
1873	1873	SB1596- 52 -LRB103 25237 RLC 51581 b SB1596 - 52 - LRB103 25237 RLC 51581 b
1874	1874	SB1596 - 52 - LRB103 25237 RLC 51581 b
1875	1875	1 juveniles in the justice system; (ii) in cases in which a
1876	1876	2 sentence of incarceration or an adult sentence, or both,
1877	1877	3 is an authorized disposition, provide trial counsel with
1878	1878	4 legal advice and the assistance of expert witnesses and
1879	1879	5 investigators from funds appropriated to the Office of the
1880	1880	6 State Appellate Defender by the General Assembly
1881	1881	7 specifically for that purpose; (iii) develop and provide
1882	1882	8 training to public defenders on juvenile justice issues,
1883	1883	9 utilizing resources including the State and local bar
1884	1884	10 associations, the Illinois Public Defender Association,
1885	1885	11 law schools, the Midwest Juvenile Defender Center, and pro
1886	1886	12 bono efforts by law firms; and (iv) make an annual report
1887	1887	13 to the General Assembly.
1888	1888	14 Investigators employed by the Capital Trial Assistance
1889	1889	15 Unit and Capital Post Conviction Unit of the State Appellate
1890	1890	16 Defender shall be authorized to inquire through the Illinois
1891	1891	17 State Police or local law enforcement with the Law Enforcement
1892	1892	18 Agencies Data System (LEADS) under Section 2605-375 of the
1893	1893	19 Civil Administrative Code of Illinois to ascertain whether
1894	1894	20 their potential witnesses have a criminal background,
1895	1895	21 including, but not limited to: (i) warrants; (ii) arrests;
1896	1896	22 (iii) convictions; and (iv) officer safety information. This
1897	1897	23 authorization applies only to information held on the State
1898	1898	24 level and shall be used only to protect the personal safety of
1899	1899	25 the investigators. Any information that is obtained through
1900	1900	26 this inquiry may not be disclosed by the investigators.
1901	1901
1902	1902
1903	1903
1904	1904
1905	1905
1906	1906	SB1596 - 52 - LRB103 25237 RLC 51581 b
1907	1907
1908	1908
1909	1909	SB1596- 53 -LRB103 25237 RLC 51581 b SB1596 - 53 - LRB103 25237 RLC 51581 b
1910	1910	SB1596 - 53 - LRB103 25237 RLC 51581 b
1911	1911	1 (c-5) For each State fiscal year, the State Appellate
1912	1912	2 Defender shall request a direct appropriation from the Capital
1913	1913	3 Litigation Trust Fund for expenses incurred by the State
1914	1914	4 Appellate Defender in providing assistance to trial attorneys
1915	1915	5 under paragraph (5.1) of subsection (c) and for expenses
1916	1916	6 incurred by the State Appellate Defender in representing
1917	1917	7 petitioners in capital cases in post-conviction proceedings
1918	1918	8 under Article 122 of the Code of Criminal Procedure of 1963 and
1919	1919	9 in relation to petitions filed under Section 2-1401 of the
1920	1920	10 Code of Civil Procedure in relation to capital cases and for
1921	1921	11 the representation of those petitioners by attorneys approved
1922	1922	12 by or contracted with the State Appellate Defender and an
1923	1923	13 appropriation to the State Treasurer for payments from the
1924	1924	14 Trust Fund for the defense of cases in counties other than Cook
1925	1925	15 County. The State Appellate Defender may appear before the
1926	1926	16 General Assembly at other times during the State's fiscal year
1927	1927	17 to request supplemental appropriations from the Trust Fund to
1928	1928	18 the State Treasurer.
1929	1929	19 (d) (Blank).
1930	1930	20 (e) The requirement for reporting to the General Assembly
1931	1931	21 shall be satisfied by filing copies of the report as required
1932	1932	22 by Section 3.1 of the General Assembly Organization Act and
1933	1933	23 filing such additional copies with the State Government Report
1934	1934	24 Distribution Center for the General Assembly as is required
1935	1935	25 under paragraph (t) of Section 7 of the State Library Act.
1936	1936	26 (Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)
1937	1937
1938	1938
1939	1939
1940	1940
1941	1941
1942	1942	SB1596 - 53 - LRB103 25237 RLC 51581 b