Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2145 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 SB2145 Introduced 2/10/2023, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5 30 ILCS 105/5.990 new720 ILCS 5/9-1 from Ch. 38, par. 9-1 725 ILCS 5/113-3 from Ch. 38, par. 113-3 725 ILCS 5/119-1 725 ILCS 105/10 from Ch. 38, par. 208-10 Amends the Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. 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 which is re-established as a special fund in the State treasury. 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. Amends the State Finance Act to make conforming changes. Effective January 1, 2024. LRB103 27176 RLC 53546 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2145 Introduced 2/10/2023, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5 30 ILCS 105/5.990 new720 ILCS 5/9-1 from Ch. 38, par. 9-1 725 ILCS 5/113-3 from Ch. 38, par. 113-3 725 ILCS 5/119-1 725 ILCS 105/10 from Ch. 38, par. 208-10 New Act 5 ILCS 140/7.5 30 ILCS 105/5.990 new 720 ILCS 5/9-1 from Ch. 38, par. 9-1 725 ILCS 5/113-3 from Ch. 38, par. 113-3 725 ILCS 5/119-1 725 ILCS 105/10 from Ch. 38, par. 208-10 Amends the Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. 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 which is re-established as a special fund in the State treasury. 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. Amends the State Finance Act to make conforming changes. Effective January 1, 2024. LRB103 27176 RLC 53546 b LRB103 27176 RLC 53546 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2145 Introduced 2/10/2023, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
3	3	New Act5 ILCS 140/7.5 30 ILCS 105/5.990 new720 ILCS 5/9-1 from Ch. 38, par. 9-1 725 ILCS 5/113-3 from Ch. 38, par. 113-3 725 ILCS 5/119-1 725 ILCS 105/10 from Ch. 38, par. 208-10 New Act 5 ILCS 140/7.5 30 ILCS 105/5.990 new 720 ILCS 5/9-1 from Ch. 38, par. 9-1 725 ILCS 5/113-3 from Ch. 38, par. 113-3 725 ILCS 5/119-1 725 ILCS 105/10 from Ch. 38, par. 208-10
4	4	New Act
5	5	5 ILCS 140/7.5
6	6	30 ILCS 105/5.990 new
7	7	720 ILCS 5/9-1 from Ch. 38, par. 9-1
8	8	725 ILCS 5/113-3 from Ch. 38, par. 113-3
9	9	725 ILCS 5/119-1
10	10	725 ILCS 105/10 from Ch. 38, par. 208-10
11	11	Amends the Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. 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 which is re-established as a special fund in the State treasury. 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. Amends the State Finance Act to make conforming changes. Effective January 1, 2024.
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14	14	A BILL FOR
15	15	SB2145LRB103 27176 RLC 53546 b SB2145 LRB103 27176 RLC 53546 b
16	16	SB2145 LRB103 27176 RLC 53546 b
17	17	1 AN ACT concerning criminal law.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 1. Short title. This Act may be cited as the
21	21	5 Capital Crimes Litigation Act of 2023.
22	22	6 Section 5. Appointment of trial counsel in death penalty
23	23	7 cases. If an indigent defendant is charged with an offense for
24	24	8 which a sentence of death is authorized, and the State's
25	25	9 Attorney has not, at or before arraignment, filed a
26	26	10 certificate indicating he or she will not seek the death
27	27	11 penalty or stated on the record in open court that the death
28	28	12 penalty will not be sought, the trial court shall immediately
29	29	13 appoint the Public Defender, or any other qualified attorney
30	30	14 or attorneys as the Illinois Supreme Court shall by rule
31	31	15 provide, to represent the defendant as trial counsel. If the
32	32	16 Public Defender is appointed, he or she shall immediately
33	33	17 assign the attorney or attorneys who are public defenders to
34	34	18 represent the defendant. The counsel shall meet the
35	35	19 qualifications as the Supreme Court shall by rule provide. At
36	36	20 the request of court appointed counsel in a case in which the
37	37	21 death penalty is sought, attorneys employed by the State
38	38	22 Appellate Defender may enter an appearance for the limited
39	39	23 purpose of assisting counsel appointed under this Section.
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43	43	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2145 Introduced 2/10/2023, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
44	44	New Act5 ILCS 140/7.5 30 ILCS 105/5.990 new720 ILCS 5/9-1 from Ch. 38, par. 9-1 725 ILCS 5/113-3 from Ch. 38, par. 113-3 725 ILCS 5/119-1 725 ILCS 105/10 from Ch. 38, par. 208-10 New Act 5 ILCS 140/7.5 30 ILCS 105/5.990 new 720 ILCS 5/9-1 from Ch. 38, par. 9-1 725 ILCS 5/113-3 from Ch. 38, par. 113-3 725 ILCS 5/119-1 725 ILCS 105/10 from Ch. 38, par. 208-10
45	45	New Act
46	46	5 ILCS 140/7.5
47	47	30 ILCS 105/5.990 new
48	48	720 ILCS 5/9-1 from Ch. 38, par. 9-1
49	49	725 ILCS 5/113-3 from Ch. 38, par. 113-3
50	50	725 ILCS 5/119-1
51	51	725 ILCS 105/10 from Ch. 38, par. 208-10
52	52	Amends the Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. 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 which is re-established as a special fund in the State treasury. 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. Amends the State Finance Act to make conforming changes. Effective January 1, 2024.
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54	54	LRB103 27176 RLC 53546 b
55	55	A BILL FOR
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61	61	New Act
62	62	5 ILCS 140/7.5
63	63	30 ILCS 105/5.990 new
64	64	720 ILCS 5/9-1 from Ch. 38, par. 9-1
65	65	725 ILCS 5/113-3 from Ch. 38, par. 113-3
66	66	725 ILCS 5/119-1
67	67	725 ILCS 105/10 from Ch. 38, par. 208-10
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86	86	1 Section 10. Court appointed trial counsel; compensation
87	87	2 and expenses.
88	88	3 (a) This Section applies only to compensation and expenses
89	89	4 of trial counsel appointed by the court as set forth in Section
90	90	5 5, other than public defenders, for the period after
91	91	6 arraignment and so long as the State's Attorney has not, at any
92	92	7 time, filed a certificate indicating he or she will not seek
93	93	8 the death penalty or stated on the record in open court that
94	94	9 the death penalty will not be sought.
95	95	10 (a-5) Litigation budget.
96	96	11 (1) In a case in which the State has filed a statement
97	97	12 of intent to seek the death penalty, the court shall
98	98	13 require appointed counsel, including those appointed in
99	99	14 Cook County, after counsel has had adequate time to review
100	100	15 the case and prior to engaging trial assistance, to submit
101	101	16 a proposed estimated litigation budget for court approval,
102	102	17 that will be subject to modification in light of facts and
103	103	18 developments that emerge as the case proceeds. Case
104	104	19 budgets should be submitted ex parte and filed and
105	105	20 maintained under seal in order to protect the defendant's
106	106	21 right to effective assistance of counsel, right not to
107	107	22 incriminate him or herself and all applicable privileges.
108	108	23 Case budgets shall be reviewed and approved by the judge
109	109	24 assigned to try the case. As provided under subsection (c)
110	110	25 of this Section, petitions for compensation shall be
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121	121	1 reviewed by both the trial judge and the presiding judge
122	122	2 or the presiding judge's designee.
123	123	3 (2) The litigation budget shall serve purposes
124	124	4 comparable to those of private retainer agreements by
125	125	5 confirming both the court's and the attorney's
126	126	6 expectations regarding fees and expenses. Consideration
127	127	7 should be given to employing an ex parte pretrial
128	128	8 conference in order to facilitate reaching agreement on a
129	129	9 litigation budget at the earliest opportunity.
130	130	10 (3) The budget shall be incorporated into a sealed
131	131	11 initial pretrial order that reflects the understandings of
132	132	12 the court and counsel regarding all matters affecting
133	133	13 counsel compensation and reimbursement and payments for
134	134	14 investigative, expert and other services, including, but
135	135	15 not limited to, the following matters:
136	136	16 (A) the hourly rate at which counsel will be
137	137	17 compensated;
138	138	18 (B) the hourly rate at which private
139	139	19 investigators, other than investigators employed by
140	140	20 the Office of the State Appellate Defender, will be
141	141	21 compensated; and
142	142	22 (C) the best preliminary estimate that can be made
143	143	23 of the cost of all services, including, but not
144	144	24 limited to, counsel, expert, and investigative
145	145	25 services, that are likely to be needed through the
146	146	26 guilt and penalty phases of the trial. The court shall
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157	157	1 have discretion to require that budgets be prepared
158	158	2 for shorter intervals of time.
159	159	3 (4) Appointed counsel may obtain, subject to later
160	160	4 review, investigative, expert or other services without
161	161	5 prior authorization if necessary for an adequate defense.
162	162	6 If the services are obtained, the presiding judge or the
163	163	7 presiding judge's designee shall consider in an ex parte
164	164	8 proceeding that timely procurement of necessary services
165	165	9 could not await prior authorization. If an ex parte
166	166	10 hearing is requested by defense counsel or deemed
167	167	11 necessary by the trial judge prior to modifying a budget,
168	168	12 the ex parte hearing shall be before the presiding judge
169	169	13 or the presiding judge's designee. The judge may then
170	170	14 authorize the services nunc pro tunc. If the presiding
171	171	15 judge or the presiding judge's designee finds that the
172	172	16 services were not reasonable, payment may be denied.
173	173	17 (5) An approved budget shall guide counsel's use of
174	174	18 time and resources by indicating the services for which
175	175	19 compensation is authorized. The case budget shall be
176	176	20 re-evaluated when justified by changed or unexpected
177	177	21 circumstances and shall be modified by the court when
178	178	22 reasonable and necessary for an adequate defense. If an ex
179	179	23 parte hearing is requested by defense counsel or deemed
180	180	24 necessary by the trial judge prior to modifying a budget,
181	181	25 the ex parte hearing shall be before the presiding judge
182	182	26 or the presiding judge's designee.
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193	193	1 (b) Appointed trial counsel shall be compensated upon
194	194	2 presentment and certification by the circuit court of a claim
195	195	3 for services detailing the date, activity, and time duration
196	196	4 for which compensation is sought. Compensation for appointed
197	197	5 trial counsel may be paid at a reasonable rate not to exceed
198	198	6 $125 per hour. The court shall not authorize payment of bills
199	199	7 that are not properly itemized. A request for payment shall be
200	200	8 presented under seal and reviewed ex parte with a court
201	201	9 reporter present. Every January 20, the statutory rate
202	202	10 prescribed in this subsection shall be automatically increased
203	203	11 or decreased, as applicable, by a percentage equal to the
204	204	12 percentage change in the consumer price index-u during the
205	205	13 preceding 12-month calendar year. "Consumer price index-u"
206	206	14 means the index published by the Bureau of Labor Statistics of
207	207	15 the United States Department of Labor that measures the
208	208	16 average change in prices of goods and services purchased by
209	209	17 all urban consumers, United States city average, all items,
210	210	18 1982-84=100. The new rate resulting from each annual
211	211	19 adjustment shall be determined by the State Treasurer and made
212	212	20 available to the chief judge of each judicial circuit.
213	213	21 (c) Appointed trial counsel may also petition the court
214	214	22 for certification of expenses for reasonable and necessary
215	215	23 capital litigation expenses including, but not limited to,
216	216	24 investigatory and other assistance, expert, forensic, and
217	217	25 other witnesses, and mitigation specialists. Each provider of
218	218	26 proposed services must specify the best preliminary estimate
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229	229	1 that can be made in light of information received in the case
230	230	2 at that point, and the provider must sign this estimate under
231	231	3 the provisions of Section 1-109 of the Code of Civil
232	232	4 Procedure. A provider of proposed services must also specify:
233	233	5 (1) his or her hourly rate; (2) the hourly rate of anyone else
234	234	6 in his or her employ for whom reimbursement is sought; and (3)
235	235	7 the hourly rate of any person or entity that may be
236	236	8 subcontracted to perform these services. Counsel may not
237	237	9 petition for certification of expenses that may have been
238	238	10 provided or compensated by the State Appellate Defender under
239	239	11 item (c)(5.1) of Section 10 of the State Appellate Defender
240	240	12 Act. The petitions shall be filed under seal and considered ex
241	241	13 parte but with a court reporter present for all ex parte
242	242	14 conferences. If the requests are submitted after services have
243	243	15 been rendered, the requests shall be supported by an invoice
244	244	16 describing the services rendered, the dates the services were
245	245	17 performed and the amount of time spent. These petitions shall
246	246	18 be reviewed by both the trial judge and the presiding judge of
247	247	19 the circuit court or the presiding judge's designee. The
248	248	20 petitions and orders shall be kept under seal and shall be
249	249	21 exempt from Freedom of Information requests until the
250	250	22 conclusion of the trial, even if the prosecution chooses not
251	251	23 to pursue the death penalty prior to trial or sentencing. If an
252	252	24 ex parte hearing is requested by defense counsel or deemed
253	253	25 necessary by the trial judge, the hearing shall be before the
254	254	26 presiding judge or the presiding judge's designee.
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265	265	1 (d) Appointed trial counsel shall petition the court for
266	266	2 certification of compensation and expenses under this Section
267	267	3 periodically during the course of counsel's representation.
268	268	4 The petitions shall be supported by itemized bills showing the
269	269	5 date, the amount of time spent, the work done and the total
270	270	6 being charged for each entry. The court shall not authorize
271	271	7 payment of bills that are not properly itemized. The court
272	272	8 must certify reasonable and necessary expenses of the
273	273	9 petitioner for travel and per diem (lodging, meals, and
274	274	10 incidental expenses). These expenses must be paid at the rate
275	275	11 as promulgated by the United States General Services
276	276	12 Administration for these expenses for the date and location in
277	277	13 which they were incurred, unless extraordinary reasons are
278	278	14 shown for the difference. The petitions shall be filed under
279	279	15 seal and considered ex parte but with a court reporter present
280	280	16 for all ex parte conferences. The petitions shall be reviewed
281	281	17 by both the trial judge and the presiding judge of the circuit
282	282	18 court or the presiding judge's designee. If an ex parte
283	283	19 hearing is requested by defense counsel or deemed necessary by
284	284	20 the trial judge, the ex parte hearing shall be before the
285	285	21 presiding judge or the presiding judge's designee. If the
286	286	22 court determines that the compensation and expenses should be
287	287	23 paid from the Capital Litigation Trust Fund, the court shall
288	288	24 certify, on a form created by the State Treasurer, that all or
289	289	25 a designated portion of the amount requested is reasonable,
290	290	26 necessary, and appropriate for payment from the Trust Fund.
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301	301	1 The form must also be signed by lead trial counsel under the
302	302	2 provisions of Section 1-109 of the Code of Civil Procedure
303	303	3 verifying that the amount requested is reasonable, necessary,
304	304	4 and appropriate. Bills submitted for payment by any individual
305	305	5 or entity seeking payment from the Capital Litigation Trust
306	306	6 Fund must also be accompanied by a form created by the State
307	307	7 Treasurer and signed by the individual or responsible agent of
308	308	8 the entity under the provisions of Section 1-109 of the Code of
309	309	9 Civil Procedure that the amount requested is accurate and
310	310	10 truthful and reflects time spent or expenses incurred.
311	311	11 Certification of compensation and expenses by a court in any
312	312	12 county other than Cook County shall be delivered by the court
313	313	13 to the State Treasurer and must be paid by the State Treasurer
314	314	14 directly from the Capital Litigation Trust Fund if there are
315	315	15 sufficient moneys in the Trust Fund to pay the compensation
316	316	16 and expenses. If the State Treasurer finds within 14 days of
317	317	17 his or her receipt of a certification that the compensation
318	318	18 and expenses to be paid are unreasonable, unnecessary, or
319	319	19 inappropriate, he or she may return the certification to the
320	320	20 court setting forth in detail the objection or objections with
321	321	21 a request for the court to review the objection or objections
322	322	22 before resubmitting the certification. The State Treasurer
323	323	23 must send the claimant a copy of the objection or objections.
324	324	24 The State Treasurer may only seek a review of a specific
325	325	25 objection once. The claimant has 7 days from his or her receipt
326	326	26 of the objections to file a response with the court. With or
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337	337	1 without further hearing, the court must promptly rule on the
338	338	2 objections. The petitions and orders shall be kept under seal
339	339	3 and shall be exempt from Freedom of Information requests until
340	340	4 the conclusion of the trial and appeal of the case, even if the
341	341	5 prosecution chooses not to pursue the death penalty prior to
342	342	6 trial or sentencing. Certification of compensation and
343	343	7 expenses by a court in Cook County shall be delivered by the
344	344	8 court to the county treasurer and paid by the county treasurer
345	345	9 from moneys granted to the county from the Capital Litigation
346	346	10 Trust Fund.
347	347	11 Section 15. Capital Litigation Trust Fund.
348	348	12 (a) The Capital Litigation Trust Fund is created as a
349	349	13 special fund in the State Treasury. The Trust Fund shall be
350	350	14 administered by the State Treasurer to provide moneys for the
351	351	15 appropriations to be made, grants to be awarded, and
352	352	16 compensation and expenses to be paid under this Act. All
353	353	17 interest earned from the investment or deposit of moneys
354	354	18 accumulated in the Trust Fund shall, under Section 4.1 of the
355	355	19 State Finance Act, be deposited into the Trust Fund.
356	356	20 (b) Moneys deposited into the Trust Fund shall not be
357	357	21 considered general revenue of the State of Illinois.
358	358	22 (c) Moneys deposited into the Trust Fund shall be used
359	359	23 exclusively for the purposes of providing funding for the
360	360	24 prosecution and defense of capital cases and for providing
361	361	25 funding for post-conviction proceedings in capital cases under
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372	372	1 Article 122 of the Code of Criminal Procedure of 1963 and in
373	373	2 relation to petitions filed under Section 2-1401 of the Code
374	374	3 of Civil Procedure in relation to capital cases as provided in
375	375	4 this Act and shall not be appropriated, loaned, or in any
376	376	5 manner transferred to the General Revenue Fund of the State of
377	377	6 Illinois.
378	378	7 (d) Every fiscal year the State Treasurer shall transfer
379	379	8 from the General Revenue Fund to the Capital Litigation Trust
380	380	9 Fund an amount equal to the full amount of moneys appropriated
381	381	10 by the General Assembly (both by original and supplemental
382	382	11 appropriation), less any unexpended balance from the previous
383	383	12 fiscal year, from the Capital Litigation Trust Fund for the
384	384	13 specific purpose of making funding available for the
385	385	14 prosecution and defense of capital cases and for the
386	386	15 litigation expenses associated with post-conviction
387	387	16 proceedings in capital cases under Article 122 of the Code of
388	388	17 Criminal Procedure of 1963 and in relation to petitions filed
389	389	18 under Section 2-1401 of the Code of Civil Procedure in
390	390	19 relation to capital cases. The Public Defender and State's
391	391	20 Attorney in Cook County, the State Appellate Defender, the
392	392	21 State's Attorneys Appellate Prosecutor, and the Attorney
393	393	22 General shall make annual requests for appropriations from the
394	394	23 Trust Fund.
395	395	24 (1) The Public Defender in Cook County shall request
396	396	25 appropriations to the State Treasurer for expenses
397	397	26 incurred by the Public Defender and for funding for
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408	408	1 private appointed defense counsel in Cook County.
409	409	2 (2) The State's Attorney in Cook County shall request
410	410	3 an appropriation to the State Treasurer for expenses
411	411	4 incurred by the State's Attorney.
412	412	5 (3) The State Appellate Defender shall request a
413	413	6 direct appropriation from the Trust Fund for expenses
414	414	7 incurred by the State Appellate Defender in providing
415	415	8 assistance to trial attorneys under item (c)(5.1) of
416	416	9 Section 10 of the State Appellate Defender Act and for
417	417	10 expenses incurred by the State Appellate Defender in
418	418	11 representing petitioners in capital cases in
419	419	12 post-conviction proceedings under Article 122 of the Code
420	420	13 of Criminal Procedure of 1963 and in relation to petitions
421	421	14 filed under Section 2-1401 of the Code of Civil Procedure
422	422	15 in relation to capital cases and for the representation of
423	423	16 those petitioners by attorneys approved by or contracted
424	424	17 with the State Appellate Defender and an appropriation to
425	425	18 the State Treasurer for payments from the Trust Fund for
426	426	19 the defense of cases in counties other than Cook County.
427	427	20 (4) The State's Attorneys Appellate Prosecutor shall
428	428	21 request a direct appropriation from the Trust Fund to pay
429	429	22 expenses incurred by the State's Attorneys Appellate
430	430	23 Prosecutor and an appropriation to the State Treasurer for
431	431	24 payments from the Trust Fund for expenses incurred by
432	432	25 State's Attorneys in counties other than Cook County.
433	433	26 (5) The Attorney General shall request a direct
434	434
435	435
436	436
437	437
438	438
439	439	SB2145 - 11 - LRB103 27176 RLC 53546 b
440	440
441	441
442	442	SB2145- 12 -LRB103 27176 RLC 53546 b SB2145 - 12 - LRB103 27176 RLC 53546 b
443	443	SB2145 - 12 - LRB103 27176 RLC 53546 b
444	444	1 appropriation from the Trust Fund to pay expenses incurred
445	445	2 by the Attorney General in assisting the State's Attorneys
446	446	3 in counties other than Cook County and to pay for expenses
447	447	4 incurred by the Attorney General when the Attorney General
448	448	5 is ordered by the presiding judge of the Criminal Division
449	449	6 of the Circuit Court of Cook County to prosecute or
450	450	7 supervise the prosecution of Cook County cases and for
451	451	8 expenses incurred by the Attorney General in representing
452	452	9 the State in post-conviction proceedings in capital cases
453	453	10 under Article 122 of the Code of Criminal Procedure of
454	454	11 1963 and in relation to petitions filed under Section
455	455	12 2-1401 of the Code of Civil Procedure in relation to
456	456	13 capital cases. The Public Defender and State's Attorney in
457	457	14 Cook County, the State Appellate Defender, the State's
458	458	15 Attorneys Appellate Prosecutor, and the Attorney General
459	459	16 may each request supplemental appropriations from the
460	460	17 Trust Fund during the fiscal year.
461	461	18 (e) Moneys in the Trust Fund shall be expended only as
462	462	19 follows:
463	463	20 (1) To pay the State Treasurer's costs to administer
464	464	21 the Trust Fund. The amount for this purpose may not exceed
465	465	22 5% in any one fiscal year of the amount otherwise
466	466	23 appropriated from the Trust Fund in the same fiscal year.
467	467	24 (2) To pay the capital litigation expenses of trial
468	468	25 defense and post-conviction proceedings in capital cases
469	469	26 under Article 122 of the Code of Criminal Procedure of
470	470
471	471
472	472
473	473
474	474
475	475	SB2145 - 12 - LRB103 27176 RLC 53546 b
476	476
477	477
478	478	SB2145- 13 -LRB103 27176 RLC 53546 b SB2145 - 13 - LRB103 27176 RLC 53546 b
479	479	SB2145 - 13 - LRB103 27176 RLC 53546 b
480	480	1 1963 and in relation to petitions filed under Section
481	481	2 2-1401 of the Code of Civil Procedure in relation to
482	482	3 capital cases including, but not limited to, DNA testing,
483	483	4 including DNA testing under Section 116-3 of the Code of
484	484	5 Criminal Procedure of 1963, analysis, and expert
485	485	6 testimony, investigatory and other assistance, expert,
486	486	7 forensic, and other witnesses, and mitigation specialists,
487	487	8 and grants and aid provided to public defenders, appellate
488	488	9 defenders, and any attorney approved by or contracted with
489	489	10 the State Appellate Defender representing petitioners in
490	490	11 post-conviction proceedings in capital cases under Article
491	491	12 122 of the Code of Criminal Procedure of 1963 and in
492	492	13 relation to petitions filed under Section 2-1401 of the
493	493	14 Code of Civil Procedure in relation to capital cases or
494	494	15 assistance to attorneys who have been appointed by the
495	495	16 court to represent defendants who are charged with capital
496	496	17 crimes. Reasonable and necessary capital litigation
497	497	18 expenses include travel and per diem (lodging, meals, and
498	498	19 incidental expenses).
499	499	20 (3) To pay the compensation of trial attorneys, other
500	500	21 than public defenders or appellate defenders, who have
501	501	22 been appointed by the court to represent defendants who
502	502	23 are charged with capital crimes or attorneys approved by
503	503	24 or contracted with the State Appellate Defender to
504	504	25 represent petitioners in post-conviction proceedings in
505	505	26 capital cases under Article 122 of the Code of Criminal
506	506
507	507
508	508
509	509
510	510
511	511	SB2145 - 13 - LRB103 27176 RLC 53546 b
512	512
513	513
514	514	SB2145- 14 -LRB103 27176 RLC 53546 b SB2145 - 14 - LRB103 27176 RLC 53546 b
515	515	SB2145 - 14 - LRB103 27176 RLC 53546 b
516	516	1 Procedure of 1963 and in relation to petitions filed under
517	517	2 Section 2-1401 of the Code of Civil Procedure in relation
518	518	3 to capital cases.
519	519	4 (4) To provide State's Attorneys with funding for
520	520	5 capital litigation expenses and for expenses of
521	521	6 representing the State in post-conviction proceedings in
522	522	7 capital cases under Article 122 of the Code of Criminal
523	523	8 Procedure of 1963 and in relation to petitions filed under
524	524	9 Section 2-1401 of the Code of Civil Procedure in relation
525	525	10 to capital cases including, but not limited to,
526	526	11 investigatory and other assistance and expert, forensic,
527	527	12 and other witnesses necessary to prosecute capital cases.
528	528	13 State's Attorneys in any county other than Cook County
529	529	14 seeking funding for capital litigation expenses and for
530	530	15 expenses of representing the State in post-conviction
531	531	16 proceedings in capital cases under Article 122 of the Code
532	532	17 of Criminal Procedure of 1963 and in relation to petitions
533	533	18 filed under Section 2-1401 of the Code of Civil Procedure
534	534	19 in relation to capital cases including, but not limited
535	535	20 to, investigatory and other assistance and expert,
536	536	21 forensic, or other witnesses under this Section may
537	537	22 request that the State's Attorneys Appellate Prosecutor or
538	538	23 the Attorney General, as the case may be, certify the
539	539	24 expenses as reasonable, necessary, and appropriate for
540	540	25 payment from the Trust Fund, on a form created by the State
541	541	26 Treasurer. Upon certification of the expenses and delivery
542	542
543	543
544	544
545	545
546	546
547	547	SB2145 - 14 - LRB103 27176 RLC 53546 b
548	548
549	549
550	550	SB2145- 15 -LRB103 27176 RLC 53546 b SB2145 - 15 - LRB103 27176 RLC 53546 b
551	551	SB2145 - 15 - LRB103 27176 RLC 53546 b
552	552	1 of the certification to the State Treasurer, the Treasurer
553	553	2 shall pay the expenses directly from the Capital
554	554	3 Litigation Trust Fund if there are sufficient moneys in
555	555	4 the Trust Fund to pay the expenses.
556	556	5 (5) To provide financial support through the Attorney
557	557	6 General under the Attorney General Act for the several
558	558	7 county State's Attorneys outside of Cook County, but shall
559	559	8 not be used to increase personnel for the Attorney
560	560	9 General's Office, except when the Attorney General is
561	561	10 ordered by the presiding judge of the Criminal Division of
562	562	11 the Circuit Court of Cook County to prosecute or supervise
563	563	12 the prosecution of Cook County cases.
564	564	13 (6) To provide financial support through the State's
565	565	14 Attorneys Appellate Prosecutor under the State's Attorneys
566	566	15 Appellate Prosecutor's Act for the several county State's
567	567	16 Attorneys outside of Cook County, but shall not be used to
568	568	17 increase personnel for the State's Attorneys Appellate
569	569	18 Prosecutor.
570	570	19 (7) To provide financial support to the State
571	571	20 Appellate Defender under the State Appellate Defender Act.
572	572	21 Moneys expended from the Trust Fund shall be in addition
573	573	22 to county funding for Public Defenders and State's
574	574	23 Attorneys, and shall not be used to supplant or reduce
575	575	24 ordinary and customary county funding.
576	576	25 (f) Moneys in the Trust Fund shall be appropriated to the
577	577	26 State Appellate Defender, the State's Attorneys Appellate
578	578
579	579
580	580
581	581
582	582
583	583	SB2145 - 15 - LRB103 27176 RLC 53546 b
584	584
585	585
586	586	SB2145- 16 -LRB103 27176 RLC 53546 b SB2145 - 16 - LRB103 27176 RLC 53546 b
587	587	SB2145 - 16 - LRB103 27176 RLC 53546 b
588	588	1 Prosecutor, the Attorney General, and the State Treasurer. The
589	589	2 State Appellate Defender shall receive an appropriation from
590	590	3 the Trust Fund to enable it to provide assistance to appointed
591	591	4 defense counsel and attorneys approved by or contracted with
592	592	5 the State Appellate Defender to represent petitioners in
593	593	6 post-conviction proceedings in capital cases under Article 122
594	594	7 of the Code of Criminal Procedure of 1963 and in relation to
595	595	8 petitions filed under Section 2-1401 of the Code of Civil
596	596	9 Procedure in relation to capital cases throughout the State
597	597	10 and to Public Defenders in counties other than Cook. The
598	598	11 State's Attorneys Appellate Prosecutor and the Attorney
599	599	12 General shall receive appropriations from the Trust Fund to
600	600	13 enable them to provide assistance to State's Attorneys in
601	601	14 counties other than Cook County and when the Attorney General
602	602	15 is ordered by the presiding judge of the Criminal Division of
603	603	16 the Circuit Court of Cook County to prosecute or supervise the
604	604	17 prosecution of Cook County cases. Moneys shall be appropriated
605	605	18 to the State Treasurer to enable the Treasurer: (i) to make
606	606	19 grants to Cook County; (ii) to pay the expenses of Public
607	607	20 Defenders, the State Appellate Defender, the Attorney General,
608	608	21 the Office of the State's Attorneys Appellate Prosecutor, and
609	609	22 State's Attorneys in counties other than Cook County; (iii) to
610	610	23 pay the expenses and compensation of appointed defense counsel
611	611	24 and attorneys approved by or contracted with the State
612	612	25 Appellate Defender to represent petitioners in post-conviction
613	613	26 proceedings in capital cases under Article 122 of the Code of
614	614
615	615
616	616
617	617
618	618
619	619	SB2145 - 16 - LRB103 27176 RLC 53546 b
620	620
621	621
622	622	SB2145- 17 -LRB103 27176 RLC 53546 b SB2145 - 17 - LRB103 27176 RLC 53546 b
623	623	SB2145 - 17 - LRB103 27176 RLC 53546 b
624	624	1 Criminal Procedure of 1963 and in relation to petitions filed
625	625	2 under Section 2-1401 of the Code of Civil Procedure in
626	626	3 relation to capital cases in counties other than Cook County;
627	627	4 and (iv) to pay the costs of administering the Trust Fund. All
628	628	5 expenditures and grants made from the Trust Fund shall be
629	629	6 subject to audit by the Auditor General.
630	630	7 (g) For Cook County, grants from the Trust Fund shall be
631	631	8 made and administered as follows:
632	632	9 (1) For each State fiscal year, the State's Attorney
633	633	10 and Public Defender must each make a separate application
634	634	11 to the State Treasurer for capital litigation grants.
635	635	12 (2) The State Treasurer shall establish rules and
636	636	13 procedures for grant applications. The rules shall require
637	637	14 the Cook County Treasurer as the grant recipient to report
638	638	15 on a periodic basis to the State Treasurer how much of the
639	639	16 grant has been expended, how much of the grant is
640	640	17 remaining, and the purposes for which the grant has been
641	641	18 used. The rules may also require the Cook County Treasurer
642	642	19 to certify on a periodic basis that expenditures of the
643	643	20 funds have been made for expenses that are reasonable,
644	644	21 necessary, and appropriate for payment from the Trust
645	645	22 Fund.
646	646	23 (3) The State Treasurer shall make the grants to the
647	647	24 Cook County Treasurer as soon as possible after the
648	648	25 beginning of the State fiscal year.
649	649	26 (4) The State's Attorney or Public Defender may apply
650	650
651	651
652	652
653	653
654	654
655	655	SB2145 - 17 - LRB103 27176 RLC 53546 b
656	656
657	657
658	658	SB2145- 18 -LRB103 27176 RLC 53546 b SB2145 - 18 - LRB103 27176 RLC 53546 b
659	659	SB2145 - 18 - LRB103 27176 RLC 53546 b
660	660	1 for supplemental grants during the fiscal year.
661	661	2 (5) Grant moneys shall be paid to the Cook County
662	662	3 Treasurer in block grants and held in separate accounts
663	663	4 for the State's Attorney, the Public Defender, and court
664	664	5 appointed defense counsel other than the Cook County
665	665	6 Public Defender, respectively, for the designated fiscal
666	666	7 year, and are not subject to county appropriation.
667	667	8 (6) Expenditure of grant moneys under this subsection
668	668	9 (g) is subject to audit by the Auditor General.
669	669	10 (7) The Cook County Treasurer shall immediately make
670	670	11 payment from the appropriate separate account in the
671	671	12 county treasury for capital litigation expenses to the
672	672	13 State's Attorney, Public Defender, or court appointed
673	673	14 defense counsel other than the Public Defender, as the
674	674	15 case may be, upon order of the State's Attorney, Public
675	675	16 Defender or the court, respectively.
676	676	17 (h) If a defendant in a capital case in Cook County is
677	677	18 represented by court appointed counsel other than the Cook
678	678	19 County Public Defender, the appointed counsel shall petition
679	679	20 the court for an order directing the Cook County Treasurer to
680	680	21 pay the court appointed counsel's reasonable and necessary
681	681	22 compensation and capital litigation expenses from grant moneys
682	682	23 provided from the Trust Fund. The petitions shall be supported
683	683	24 by itemized bills showing the date, the amount of time spent,
684	684	25 the work done and the total being charged for each entry. The
685	685	26 court shall not authorize payment of bills that are not
686	686
687	687
688	688
689	689
690	690
691	691	SB2145 - 18 - LRB103 27176 RLC 53546 b
692	692
693	693
694	694	SB2145- 19 -LRB103 27176 RLC 53546 b SB2145 - 19 - LRB103 27176 RLC 53546 b
695	695	SB2145 - 19 - LRB103 27176 RLC 53546 b
696	696	1 properly itemized. The petitions shall be filed under seal and
697	697	2 considered ex parte but with a court reporter present for all
698	698	3 ex parte conferences. The petitions shall be reviewed by both
699	699	4 the trial judge and the presiding judge of the circuit court or
700	700	5 the presiding judge's designee. The petitions and orders shall
701	701	6 be kept under seal and shall be exempt from Freedom of
702	702	7 Information requests until the conclusion of the trial and
703	703	8 appeal of the case, even if the prosecution chooses not to
704	704	9 pursue the death penalty prior to trial or sentencing. Orders
705	705	10 denying petitions for compensation or expenses are final.
706	706	11 Counsel may not petition for expenses that may have been
707	707	12 provided or compensated by the State Appellate Defender under
708	708	13 item (c)(5.1) of Section 10 of the State Appellate Defender
709	709	14 Act.
710	710	15 (i) In counties other than Cook County, and when the
711	711	16 Attorney General is ordered by the presiding judge of the
712	712	17 Criminal Division of the Circuit Court of Cook County to
713	713	18 prosecute or supervise the prosecution of Cook County cases,
714	714	19 and excluding capital litigation expenses or services that may
715	715	20 have been provided by the State Appellate Defender under item
716	716	21 (c)(5.1) of Section 10 of the State Appellate Defender Act:
717	717	22 (1) Upon certification by the circuit court, on a form
718	718	23 created by the State Treasurer, that all or a portion of
719	719	24 the expenses are reasonable, necessary, and appropriate
720	720	25 for payment from the Trust Fund and the court's delivery
721	721	26 of the certification to the Treasurer, the Treasurer shall
722	722
723	723
724	724
725	725
726	726
727	727	SB2145 - 19 - LRB103 27176 RLC 53546 b
728	728
729	729
730	730	SB2145- 20 -LRB103 27176 RLC 53546 b SB2145 - 20 - LRB103 27176 RLC 53546 b
731	731	SB2145 - 20 - LRB103 27176 RLC 53546 b
732	732	1 pay the certified expenses of Public Defenders and the
733	733	2 State Appellate Defender from the money appropriated to
734	734	3 the Treasurer for capital litigation expenses of Public
735	735	4 Defenders and post-conviction proceeding expenses in
736	736	5 capital cases of the State Appellate Defender and expenses
737	737	6 in relation to petitions filed under Section 2-1401 of the
738	738	7 Code of Civil Procedure in relation to capital cases in
739	739	8 any county other than Cook County, if there are sufficient
740	740	9 moneys in the Trust Fund to pay the expenses.
741	741	10 (2) If a defendant in a capital case is represented by
742	742	11 court appointed counsel other than the Public Defender,
743	743	12 the appointed counsel shall petition the court to certify
744	744	13 compensation and capital litigation expenses including,
745	745	14 but not limited to, investigatory and other assistance,
746	746	15 expert, forensic, and other witnesses, and mitigation
747	747	16 specialists as reasonable, necessary, and appropriate for
748	748	17 payment from the Trust Fund. If a petitioner in a capital
749	749	18 case who has filed a petition for post-conviction relief
750	750	19 under Article 122 of the Code of Criminal Procedure of
751	751	20 1963 or a petition under Section 2-1401 of the Code of
752	752	21 Civil Procedure in relation to capital cases is
753	753	22 represented by an attorney approved by or contracted with
754	754	23 the State Appellate Defender other than the State
755	755	24 Appellate Defender, that attorney shall petition the court
756	756	25 to certify compensation and litigation expenses of
757	757	26 post-conviction proceedings under Article 122 of the Code
758	758
759	759
760	760
761	761
762	762
763	763	SB2145 - 20 - LRB103 27176 RLC 53546 b
764	764
765	765
766	766	SB2145- 21 -LRB103 27176 RLC 53546 b SB2145 - 21 - LRB103 27176 RLC 53546 b
767	767	SB2145 - 21 - LRB103 27176 RLC 53546 b
768	768	1 of Criminal Procedure of 1963 or in relation to petitions
769	769	2 filed under Section 2-1401 of the Code of Civil Procedure
770	770	3 in relation to capital cases. Upon certification on a form
771	771	4 created by the State Treasurer of all or a portion of the
772	772	5 compensation and expenses certified as reasonable,
773	773	6 necessary, and appropriate for payment from the Trust Fund
774	774	7 and the court's delivery of the certification to the
775	775	8 Treasurer, the State Treasurer shall pay the certified
776	776	9 compensation and expenses from the money appropriated to
777	777	10 the Treasurer for that purpose, if there are sufficient
778	778	11 moneys in the Trust Fund to make those payments.
779	779	12 (3) A petition for capital litigation expenses or
780	780	13 post-conviction proceeding expenses or expenses incurred
781	781	14 in filing a petition under Section 2-1401 of the Code of
782	782	15 Civil Procedure in relation to capital cases under this
783	783	16 subsection shall be considered under seal and reviewed ex
784	784	17 parte with a court reporter present. Orders denying
785	785	18 petitions for compensation or expenses are final.
786	786	19 (j) If the Trust Fund is discontinued or dissolved by an
787	787	20 Act of the General Assembly or by operation of law, any balance
788	788	21 remaining in the Trust Fund shall be returned to the General
789	789	22 Revenue Fund after deduction of administrative costs, any
790	790	23 other provision of this Act to the contrary notwithstanding.
791	791	24 Section 95. The Freedom of Information Act is amended by
792	792	25 changing Section 7.5 as follows:
793	793
794	794
795	795
796	796
797	797
798	798	SB2145 - 21 - LRB103 27176 RLC 53546 b
799	799
800	800
801	801	SB2145- 22 -LRB103 27176 RLC 53546 b SB2145 - 22 - LRB103 27176 RLC 53546 b
802	802	SB2145 - 22 - LRB103 27176 RLC 53546 b
803	803	1 (5 ILCS 140/7.5)
804	804	2 Sec. 7.5. Statutory exemptions. To the extent provided for
805	805	3 by the statutes referenced below, the following shall be
806	806	4 exempt from inspection and copying:
807	807	5 (a) All information determined to be confidential
808	808	6 under Section 4002 of the Technology Advancement and
809	809	7 Development Act.
810	810	8 (b) Library circulation and order records identifying
811	811	9 library users with specific materials under the Library
812	812	10 Records Confidentiality Act.
813	813	11 (c) Applications, related documents, and medical
814	814	12 records received by the Experimental Organ Transplantation
815	815	13 Procedures Board and any and all documents or other
816	816	14 records prepared by the Experimental Organ Transplantation
817	817	15 Procedures Board or its staff relating to applications it
818	818	16 has received.
819	819	17 (d) Information and records held by the Department of
820	820	18 Public Health and its authorized representatives relating
821	821	19 to known or suspected cases of sexually transmissible
822	822	20 disease or any information the disclosure of which is
823	823	21 restricted under the Illinois Sexually Transmissible
824	824	22 Disease Control Act.
825	825	23 (e) Information the disclosure of which is exempted
826	826	24 under Section 30 of the Radon Industry Licensing Act.
827	827	25 (f) Firm performance evaluations under Section 55 of
828	828
829	829
830	830
831	831
832	832
833	833	SB2145 - 22 - LRB103 27176 RLC 53546 b
834	834
835	835
836	836	SB2145- 23 -LRB103 27176 RLC 53546 b SB2145 - 23 - LRB103 27176 RLC 53546 b
837	837	SB2145 - 23 - LRB103 27176 RLC 53546 b
838	838	1 the Architectural, Engineering, and Land Surveying
839	839	2 Qualifications Based Selection Act.
840	840	3 (g) Information the disclosure of which is restricted
841	841	4 and exempted under Section 50 of the Illinois Prepaid
842	842	5 Tuition Act.
843	843	6 (h) Information the disclosure of which is exempted
844	844	7 under the State Officials and Employees Ethics Act, and
845	845	8 records of any lawfully created State or local inspector
846	846	9 general's office that would be exempt if created or
847	847	10 obtained by an Executive Inspector General's office under
848	848	11 that Act.
849	849	12 (i) Information contained in a local emergency energy
850	850	13 plan submitted to a municipality in accordance with a
851	851	14 local emergency energy plan ordinance that is adopted
852	852	15 under Section 11-21.5-5 of the Illinois Municipal Code.
853	853	16 (j) Information and data concerning the distribution
854	854	17 of surcharge moneys collected and remitted by carriers
855	855	18 under the Emergency Telephone System Act.
856	856	19 (k) Law enforcement officer identification information
857	857	20 or driver identification information compiled by a law
858	858	21 enforcement agency or the Department of Transportation
859	859	22 under Section 11-212 of the Illinois Vehicle Code.
860	860	23 (l) Records and information provided to a residential
861	861	24 health care facility resident sexual assault and death
862	862	25 review team or the Executive Council under the Abuse
863	863	26 Prevention Review Team Act.
864	864
865	865
866	866
867	867
868	868
869	869	SB2145 - 23 - LRB103 27176 RLC 53546 b
870	870
871	871
872	872	SB2145- 24 -LRB103 27176 RLC 53546 b SB2145 - 24 - LRB103 27176 RLC 53546 b
873	873	SB2145 - 24 - LRB103 27176 RLC 53546 b
874	874	1 (m) Information provided to the predatory lending
875	875	2 database created pursuant to Article 3 of the Residential
876	876	3 Real Property Disclosure Act, except to the extent
877	877	4 authorized under that Article.
878	878	5 (n) Defense budgets and petitions for certification of
879	879	6 compensation and expenses for court appointed trial
880	880	7 counsel as provided under Sections 10 and 15 of the
881	881	8 Capital Crimes Litigation Act of 2023. This subsection (n)
882	882	9 shall apply until the conclusion of the trial of the case,
883	883	10 even if the prosecution chooses not to pursue the death
884	884	11 penalty prior to trial or sentencing.
885	885	12 (o) Information that is prohibited from being
886	886	13 disclosed under Section 4 of the Illinois Health and
887	887	14 Hazardous Substances Registry Act.
888	888	15 (p) Security portions of system safety program plans,
889	889	16 investigation reports, surveys, schedules, lists, data, or
890	890	17 information compiled, collected, or prepared by or for the
891	891	18 Department of Transportation under Sections 2705-300 and
892	892	19 2705-616 of the Department of Transportation Law of the
893	893	20 Civil Administrative Code of Illinois, the Regional
894	894	21 Transportation Authority under Section 2.11 of the
895	895	22 Regional Transportation Authority Act, or the St. Clair
896	896	23 County Transit District under the Bi-State Transit Safety
897	897	24 Act.
898	898	25 (q) Information prohibited from being disclosed by the
899	899	26 Personnel Record Review Act.
900	900
901	901
902	902
903	903
904	904
905	905	SB2145 - 24 - LRB103 27176 RLC 53546 b
906	906
907	907
908	908	SB2145- 25 -LRB103 27176 RLC 53546 b SB2145 - 25 - LRB103 27176 RLC 53546 b
909	909	SB2145 - 25 - LRB103 27176 RLC 53546 b
910	910	1 (r) Information prohibited from being disclosed by the
911	911	2 Illinois School Student Records Act.
912	912	3 (s) Information the disclosure of which is restricted
913	913	4 under Section 5-108 of the Public Utilities Act.
914	914	5 (t) All identified or deidentified health information
915	915	6 in the form of health data or medical records contained
916	916	7 in, stored in, submitted to, transferred by, or released
917	917	8 from the Illinois Health Information Exchange, and
918	918	9 identified or deidentified health information in the form
919	919	10 of health data and medical records of the Illinois Health
920	920	11 Information Exchange in the possession of the Illinois
921	921	12 Health Information Exchange Office due to its
922	922	13 administration of the Illinois Health Information
923	923	14 Exchange. The terms "identified" and "deidentified" shall
924	924	15 be given the same meaning as in the Health Insurance
925	925	16 Portability and Accountability Act of 1996, Public Law
926	926	17 104-191, or any subsequent amendments thereto, and any
927	927	18 regulations promulgated thereunder.
928	928	19 (u) Records and information provided to an independent
929	929	20 team of experts under the Developmental Disability and
930	930	21 Mental Health Safety Act (also known as Brian's Law).
931	931	22 (v) Names and information of people who have applied
932	932	23 for or received Firearm Owner's Identification Cards under
933	933	24 the Firearm Owners Identification Card Act or applied for
934	934	25 or received a concealed carry license under the Firearm
935	935	26 Concealed Carry Act, unless otherwise authorized by the
936	936
937	937
938	938
939	939
940	940
941	941	SB2145 - 25 - LRB103 27176 RLC 53546 b
942	942
943	943
944	944	SB2145- 26 -LRB103 27176 RLC 53546 b SB2145 - 26 - LRB103 27176 RLC 53546 b
945	945	SB2145 - 26 - LRB103 27176 RLC 53546 b
946	946	1 Firearm Concealed Carry Act; and databases under the
947	947	2 Firearm Concealed Carry Act, records of the Concealed
948	948	3 Carry Licensing Review Board under the Firearm Concealed
949	949	4 Carry Act, and law enforcement agency objections under the
950	950	5 Firearm Concealed Carry Act.
951	951	6 (v-5) Records of the Firearm Owner's Identification
952	952	7 Card Review Board that are exempted from disclosure under
953	953	8 Section 10 of the Firearm Owners Identification Card Act.
954	954	9 (w) Personally identifiable information which is
955	955	10 exempted from disclosure under subsection (g) of Section
956	956	11 19.1 of the Toll Highway Act.
957	957	12 (x) Information which is exempted from disclosure
958	958	13 under Section 5-1014.3 of the Counties Code or Section
959	959	14 8-11-21 of the Illinois Municipal Code.
960	960	15 (y) Confidential information under the Adult
961	961	16 Protective Services Act and its predecessor enabling
962	962	17 statute, the Elder Abuse and Neglect Act, including
963	963	18 information about the identity and administrative finding
964	964	19 against any caregiver of a verified and substantiated
965	965	20 decision of abuse, neglect, or financial exploitation of
966	966	21 an eligible adult maintained in the Registry established
967	967	22 under Section 7.5 of the Adult Protective Services Act.
968	968	23 (z) Records and information provided to a fatality
969	969	24 review team or the Illinois Fatality Review Team Advisory
970	970	25 Council under Section 15 of the Adult Protective Services
971	971	26 Act.
972	972
973	973
974	974
975	975
976	976
977	977	SB2145 - 26 - LRB103 27176 RLC 53546 b
978	978
979	979
980	980	SB2145- 27 -LRB103 27176 RLC 53546 b SB2145 - 27 - LRB103 27176 RLC 53546 b
981	981	SB2145 - 27 - LRB103 27176 RLC 53546 b
982	982	1 (aa) Information which is exempted from disclosure
983	983	2 under Section 2.37 of the Wildlife Code.
984	984	3 (bb) Information which is or was prohibited from
985	985	4 disclosure by the Juvenile Court Act of 1987.
986	986	5 (cc) Recordings made under the Law Enforcement
987	987	6 Officer-Worn Body Camera Act, except to the extent
988	988	7 authorized under that Act.
989	989	8 (dd) Information that is prohibited from being
990	990	9 disclosed under Section 45 of the Condominium and Common
991	991	10 Interest Community Ombudsperson Act.
992	992	11 (ee) Information that is exempted from disclosure
993	993	12 under Section 30.1 of the Pharmacy Practice Act.
994	994	13 (ff) Information that is exempted from disclosure
995	995	14 under the Revised Uniform Unclaimed Property Act.
996	996	15 (gg) Information that is prohibited from being
997	997	16 disclosed under Section 7-603.5 of the Illinois Vehicle
998	998	17 Code.
999	999	18 (hh) Records that are exempt from disclosure under
1000	1000	19 Section 1A-16.7 of the Election Code.
1001	1001	20 (ii) Information which is exempted from disclosure
1002	1002	21 under Section 2505-800 of the Department of Revenue Law of
1003	1003	22 the Civil Administrative Code of Illinois.
1004	1004	23 (jj) Information and reports that are required to be
1005	1005	24 submitted to the Department of Labor by registering day
1006	1006	25 and temporary labor service agencies but are exempt from
1007	1007	26 disclosure under subsection (a-1) of Section 45 of the Day
1008	1008
1009	1009
1010	1010
1011	1011
1012	1012
1013	1013	SB2145 - 27 - LRB103 27176 RLC 53546 b
1014	1014
1015	1015
1016	1016	SB2145- 28 -LRB103 27176 RLC 53546 b SB2145 - 28 - LRB103 27176 RLC 53546 b
1017	1017	SB2145 - 28 - LRB103 27176 RLC 53546 b
1018	1018	1 and Temporary Labor Services Act.
1019	1019	2 (kk) Information prohibited from disclosure under the
1020	1020	3 Seizure and Forfeiture Reporting Act.
1021	1021	4 (ll) Information the disclosure of which is restricted
1022	1022	5 and exempted under Section 5-30.8 of the Illinois Public
1023	1023	6 Aid Code.
1024	1024	7 (mm) Records that are exempt from disclosure under
1025	1025	8 Section 4.2 of the Crime Victims Compensation Act.
1026	1026	9 (nn) Information that is exempt from disclosure under
1027	1027	10 Section 70 of the Higher Education Student Assistance Act.
1028	1028	11 (oo) Communications, notes, records, and reports
1029	1029	12 arising out of a peer support counseling session
1030	1030	13 prohibited from disclosure under the First Responders
1031	1031	14 Suicide Prevention Act.
1032	1032	15 (pp) Names and all identifying information relating to
1033	1033	16 an employee of an emergency services provider or law
1034	1034	17 enforcement agency under the First Responders Suicide
1035	1035	18 Prevention Act.
1036	1036	19 (qq) Information and records held by the Department of
1037	1037	20 Public Health and its authorized representatives collected
1038	1038	21 under the Reproductive Health Act.
1039	1039	22 (rr) Information that is exempt from disclosure under
1040	1040	23 the Cannabis Regulation and Tax Act.
1041	1041	24 (ss) Data reported by an employer to the Department of
1042	1042	25 Human Rights pursuant to Section 2-108 of the Illinois
1043	1043	26 Human Rights Act.
1044	1044
1045	1045
1046	1046
1047	1047
1048	1048
1049	1049	SB2145 - 28 - LRB103 27176 RLC 53546 b
1050	1050
1051	1051
1052	1052	SB2145- 29 -LRB103 27176 RLC 53546 b SB2145 - 29 - LRB103 27176 RLC 53546 b
1053	1053	SB2145 - 29 - LRB103 27176 RLC 53546 b
1054	1054	1 (tt) Recordings made under the Children's Advocacy
1055	1055	2 Center Act, except to the extent authorized under that
1056	1056	3 Act.
1057	1057	4 (uu) Information that is exempt from disclosure under
1058	1058	5 Section 50 of the Sexual Assault Evidence Submission Act.
1059	1059	6 (vv) Information that is exempt from disclosure under
1060	1060	7 subsections (f) and (j) of Section 5-36 of the Illinois
1061	1061	8 Public Aid Code.
1062	1062	9 (ww) Information that is exempt from disclosure under
1063	1063	10 Section 16.8 of the State Treasurer Act.
1064	1064	11 (xx) Information that is exempt from disclosure or
1065	1065	12 information that shall not be made public under the
1066	1066	13 Illinois Insurance Code.
1067	1067	14 (yy) Information prohibited from being disclosed under
1068	1068	15 the Illinois Educational Labor Relations Act.
1069	1069	16 (zz) Information prohibited from being disclosed under
1070	1070	17 the Illinois Public Labor Relations Act.
1071	1071	18 (aaa) Information prohibited from being disclosed
1072	1072	19 under Section 1-167 of the Illinois Pension Code.
1073	1073	20 (bbb) Information that is prohibited from disclosure
1074	1074	21 by the Illinois Police Training Act and the Illinois State
1075	1075	22 Police Act.
1076	1076	23 (ccc) Records exempt from disclosure under Section
1077	1077	24 2605-304 of the Illinois State Police Law of the Civil
1078	1078	25 Administrative Code of Illinois.
1079	1079	26 (ddd) Information prohibited from being disclosed
1080	1080
1081	1081
1082	1082
1083	1083
1084	1084
1085	1085	SB2145 - 29 - LRB103 27176 RLC 53546 b
1086	1086
1087	1087
1088	1088	SB2145- 30 -LRB103 27176 RLC 53546 b SB2145 - 30 - LRB103 27176 RLC 53546 b
1089	1089	SB2145 - 30 - LRB103 27176 RLC 53546 b
1090	1090	1 under Section 35 of the Address Confidentiality for
1091	1091	2 Victims of Domestic Violence, Sexual Assault, Human
1092	1092	3 Trafficking, or Stalking Act.
1093	1093	4 (eee) Information prohibited from being disclosed
1094	1094	5 under subsection (b) of Section 75 of the Domestic
1095	1095	6 Violence Fatality Review Act.
1096	1096	7 (fff) Images from cameras under the Expressway Camera
1097	1097	8 Act. This subsection (fff) is inoperative on and after
1098	1098	9 July 1, 2023.
1099	1099	10 (ggg) Information prohibited from disclosure under
1100	1100	11 paragraph (3) of subsection (a) of Section 14 of the Nurse
1101	1101	12 Agency Licensing Act.
1102	1102	13 (hhh) Information submitted to the Department of State
1103	1103	14 Police in an affidavit or application for an assault
1104	1104	15 weapon endorsement, assault weapon attachment endorsement,
1105	1105	16 .50 caliber rifle endorsement, or .50 caliber cartridge
1106	1106	17 endorsement under the Firearm Owners Identification Card
1107	1107	18 Act.
1108	1108	19 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
1109	1109	20 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1110	1110	21 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
1111	1111	22 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
1112	1112	23 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1113	1113	24 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
1114	1114	25 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
1115	1115	26 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
1116	1116
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121	SB2145 - 30 - LRB103 27176 RLC 53546 b
1122	1122
1123	1123
1124	1124	SB2145- 31 -LRB103 27176 RLC 53546 b SB2145 - 31 - LRB103 27176 RLC 53546 b
1125	1125	SB2145 - 31 - LRB103 27176 RLC 53546 b
1126	1126	1 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
1127	1127	2 Section 100. The State Finance Act is amended by adding
1128	1128	3 Section 5.990 as follows:
1129	1129	4 (30 ILCS 105/5.990 new)
1130	1130	5 Sec. 5.990. The Capital Litigation Trust Fund.
1131	1131	6 Section 105. The Criminal Code of 2012 is amended by
1132	1132	7 changing Section 9-1 as follows:
1133	1133	8 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
1134	1134	9 Sec. 9-1. First degree murder; death penalties;
1135	1135	10 exceptions; separate hearings; proof; findings; appellate
1136	1136	11 procedures; reversals.
1137	1137	12 (a) A person who kills an individual without lawful
1138	1138	13 justification commits first degree murder if, in performing
1139	1139	14 the acts which cause the death:
1140	1140	15 (1) he or she either intends to kill or do great bodily
1141	1141	16 harm to that individual or another, or knows that such
1142	1142	17 acts will cause death to that individual or another; or
1143	1143	18 (2) he or she knows that such acts create a strong
1144	1144	19 probability of death or great bodily harm to that
1145	1145	20 individual or another; or
1146	1146	21 (3) he or she, acting alone or with one or more
1147	1147	22 participants, commits or attempts to commit a forcible
1148	1148
1149	1149
1150	1150
1151	1151
1152	1152
1153	1153	SB2145 - 31 - LRB103 27176 RLC 53546 b
1154	1154
1155	1155
1156	1156	SB2145- 32 -LRB103 27176 RLC 53546 b SB2145 - 32 - LRB103 27176 RLC 53546 b
1157	1157	SB2145 - 32 - LRB103 27176 RLC 53546 b
1158	1158	1 felony other than second degree murder, and in the course
1159	1159	2 of or in furtherance of such crime or flight therefrom, he
1160	1160	3 or she or another participant causes the death of a
1161	1161	4 person.
1162	1162	5 (b) Aggravating Factors. A defendant who at the time of
1163	1163	6 the commission of the offense has attained the age of 18 or
1164	1164	7 more and who has been found guilty of first degree murder may
1165	1165	8 be sentenced to death if:
1166	1166	9 (1) the murdered individual was a peace officer,
1167	1167	10 employee of an institution or facility of the Department
1168	1168	11 of Corrections or any similar local correctional agency,
1169	1169	12 or fireman killed in the course of performing his official
1170	1170	13 duties, to prevent the performance of his or her official
1171	1171	14 duties, or in retaliation for performing his or her
1172	1172	15 official duties, and the defendant knew or should have
1173	1173	16 known that the murdered individual was so employed a peace
1174	1174	17 officer or fireman; or
1175	1175	18 (2) (blank); or the murdered individual was an
1176	1176	19 employee of an institution or facility of the Department
1177	1177	20 of Corrections, or any similar local correctional agency,
1178	1178	21 killed in the course of performing his or her official
1179	1179	22 duties, to prevent the performance of his or her official
1180	1180	23 duties, or in retaliation for performing his or her
1181	1181	24 official duties, or the murdered individual was an inmate
1182	1182	25 at such institution or facility and was killed on the
1183	1183	26 grounds thereof, or the murdered individual was otherwise
1184	1184
1185	1185
1186	1186
1187	1187
1188	1188
1189	1189	SB2145 - 32 - LRB103 27176 RLC 53546 b
1190	1190
1191	1191
1192	1192	SB2145- 33 -LRB103 27176 RLC 53546 b SB2145 - 33 - LRB103 27176 RLC 53546 b
1193	1193	SB2145 - 33 - LRB103 27176 RLC 53546 b
1194	1194	1 present in such institution or facility with the knowledge
1195	1195	2 and approval of the chief administrative officer thereof;
1196	1196	3 or
1197	1197	4 (3) the defendant has been convicted of murdering two
1198	1198	5 or more individuals under subsection (a) of this Section
1199	1199	6 or under any law of the United States or of any state which
1200	1200	7 is substantially similar to subsection (a) of this Section
1201	1201	8 regardless of whether the deaths occurred as the result of
1202	1202	9 the same act or of several related or unrelated acts so
1203	1203	10 long as the deaths were the result of either an intent to
1204	1204	11 kill more than one person or of separate acts which the
1205	1205	12 defendant knew would cause death or create a strong
1206	1206	13 probability of death or great bodily harm to the murdered
1207	1207	14 individual or another; or
1208	1208	15 (4) (blank); or the murdered individual was killed as
1209	1209	16 a result of the hijacking of an airplane, train, ship,
1210	1210	17 bus, or other public conveyance; or
1211	1211	18 (5) (blank); or the defendant committed the murder
1212	1212	19 pursuant to a contract, agreement, or understanding by
1213	1213	20 which he or she was to receive money or anything of value
1214	1214	21 in return for committing the murder or procured another to
1215	1215	22 commit the murder for money or anything of value; or
1216	1216	23 (6) (blank); or the murdered individual was killed in
1217	1217	24 the course of another felony if:
1218	1218	25 (a) the murdered individual:
1219	1219	26 (i) was actually killed by the defendant, or
1220	1220
1221	1221
1222	1222
1223	1223
1224	1224
1225	1225	SB2145 - 33 - LRB103 27176 RLC 53546 b
1226	1226
1227	1227
1228	1228	SB2145- 34 -LRB103 27176 RLC 53546 b SB2145 - 34 - LRB103 27176 RLC 53546 b
1229	1229	SB2145 - 34 - LRB103 27176 RLC 53546 b
1230	1230	1 (ii) received physical injuries personally
1231	1231	2 inflicted by the defendant substantially
1232	1232	3 contemporaneously with physical injuries caused by
1233	1233	4 one or more persons for whose conduct the
1234	1234	5 defendant is legally accountable under Section 5-2
1235	1235	6 of this Code, and the physical injuries inflicted
1236	1236	7 by either the defendant or the other person or
1237	1237	8 persons for whose conduct he is legally
1238	1238	9 accountable caused the death of the murdered
1239	1239	10 individual; and
1240	1240	11 (b) in performing the acts which caused the death
1241	1241	12 of the murdered individual or which resulted in
1242	1242	13 physical injuries personally inflicted by the
1243	1243	14 defendant on the murdered individual under the
1244	1244	15 circumstances of subdivision (ii) of subparagraph (a)
1245	1245	16 of paragraph (6) of subsection (b) of this Section,
1246	1246	17 the defendant acted with the intent to kill the
1247	1247	18 murdered individual or with the knowledge that his
1248	1248	19 acts created a strong probability of death or great
1249	1249	20 bodily harm to the murdered individual or another; and
1250	1250	21 (c) the other felony was an inherently violent
1251	1251	22 crime or the attempt to commit an inherently violent
1252	1252	23 crime. In this subparagraph (c), "inherently violent
1253	1253	24 crime" includes, but is not limited to, armed robbery,
1254	1254	25 robbery, predatory criminal sexual assault of a child,
1255	1255	26 aggravated criminal sexual assault, aggravated
1256	1256
1257	1257
1258	1258
1259	1259
1260	1260
1261	1261	SB2145 - 34 - LRB103 27176 RLC 53546 b
1262	1262
1263	1263
1264	1264	SB2145- 35 -LRB103 27176 RLC 53546 b SB2145 - 35 - LRB103 27176 RLC 53546 b
1265	1265	SB2145 - 35 - LRB103 27176 RLC 53546 b
1266	1266	1 kidnapping, aggravated vehicular hijacking, aggravated
1267	1267	2 arson, aggravated stalking, residential burglary, and
1268	1268	3 home invasion; or
1269	1269	4 (7) the murdered individual was under 12 years of age
1270	1270	5 and the death resulted from exceptionally brutal or
1271	1271	6 heinous behavior indicative of wanton cruelty; or
1272	1272	7 (8) (blank); or the defendant committed the murder
1273	1273	8 with intent to prevent the murdered individual from
1274	1274	9 testifying or participating in any criminal investigation
1275	1275	10 or prosecution or giving material assistance to the State
1276	1276	11 in any investigation or prosecution, either against the
1277	1277	12 defendant or another; or the defendant committed the
1278	1278	13 murder because the murdered individual was a witness in
1279	1279	14 any prosecution or gave material assistance to the State
1280	1280	15 in any investigation or prosecution, either against the
1281	1281	16 defendant or another; for purposes of this paragraph (8),
1282	1282	17 "participating in any criminal investigation or
1283	1283	18 prosecution" is intended to include those appearing in the
1284	1284	19 proceedings in any capacity such as trial judges,
1285	1285	20 prosecutors, defense attorneys, investigators, witnesses,
1286	1286	21 or jurors; or
1287	1287	22 (9) (blank); or the defendant, while committing an
1288	1288	23 offense punishable under Sections 401, 401.1, 401.2, 405,
1289	1289	24 405.2, 407 or 407.1 or subsection (b) of Section 404 of the
1290	1290	25 Illinois Controlled Substances Act, or while engaged in a
1291	1291	26 conspiracy or solicitation to commit such offense,
1292	1292
1293	1293
1294	1294
1295	1295
1296	1296
1297	1297	SB2145 - 35 - LRB103 27176 RLC 53546 b
1298	1298
1299	1299
1300	1300	SB2145- 36 -LRB103 27176 RLC 53546 b SB2145 - 36 - LRB103 27176 RLC 53546 b
1301	1301	SB2145 - 36 - LRB103 27176 RLC 53546 b
1302	1302	1 intentionally killed an individual or counseled,
1303	1303	2 commanded, induced, procured or caused the intentional
1304	1304	3 killing of the murdered individual; or
1305	1305	4 (10) (blank); or the defendant was incarcerated in an
1306	1306	5 institution or facility of the Department of Corrections
1307	1307	6 at the time of the murder, and while committing an offense
1308	1308	7 punishable as a felony under Illinois law, or while
1309	1309	8 engaged in a conspiracy or solicitation to commit such
1310	1310	9 offense, intentionally killed an individual or counseled,
1311	1311	10 commanded, induced, procured or caused the intentional
1312	1312	11 killing of the murdered individual; or
1313	1313	12 (11) (blank); or the murder was committed in a cold,
1314	1314	13 calculated and premeditated manner pursuant to a
1315	1315	14 preconceived plan, scheme or design to take a human life
1316	1316	15 by unlawful means, and the conduct of the defendant
1317	1317	16 created a reasonable expectation that the death of a human
1318	1318	17 being would result therefrom; or
1319	1319	18 (12) (blank); or the murdered individual was an
1320	1320	19 emergency medical technician - ambulance, emergency
1321	1321	20 medical technician - intermediate, emergency medical
1322	1322	21 technician - paramedic, ambulance driver, or other medical
1323	1323	22 assistance or first aid personnel, employed by a
1324	1324	23 municipality or other governmental unit, killed in the
1325	1325	24 course of performing his official duties, to prevent the
1326	1326	25 performance of his official duties, or in retaliation for
1327	1327	26 performing his official duties, and the defendant knew or
1328	1328
1329	1329
1330	1330
1331	1331
1332	1332
1333	1333	SB2145 - 36 - LRB103 27176 RLC 53546 b
1334	1334
1335	1335
1336	1336	SB2145- 37 -LRB103 27176 RLC 53546 b SB2145 - 37 - LRB103 27176 RLC 53546 b
1337	1337	SB2145 - 37 - LRB103 27176 RLC 53546 b
1338	1338	1 should have known that the murdered individual was an
1339	1339	2 emergency medical technician - ambulance, emergency
1340	1340	3 medical technician - intermediate, emergency medical
1341	1341	4 technician - paramedic, ambulance driver, or other medical
1342	1342	5 assistance or first aid personnel; or
1343	1343	6 (13) (blank); or the defendant was a principal
1344	1344	7 administrator, organizer, or leader of a calculated
1345	1345	8 criminal drug conspiracy consisting of a hierarchical
1346	1346	9 position of authority superior to that of all other
1347	1347	10 members of the conspiracy, and the defendant counseled,
1348	1348	11 commanded, induced, procured, or caused the intentional
1349	1349	12 killing of the murdered person; or
1350	1350	13 (14) (blank); or the murder was intentional and
1351	1351	14 involved the infliction of torture. For the purpose of
1352	1352	15 this Section torture means the infliction of or subjection
1353	1353	16 to extreme physical pain, motivated by an intent to
1354	1354	17 increase or prolong the pain, suffering or agony of the
1355	1355	18 victim; or
1356	1356	19 (15) (blank); or the murder was committed as a result
1357	1357	20 of the intentional discharge of a firearm by the defendant
1358	1358	21 from a motor vehicle and the victim was not present within
1359	1359	22 the motor vehicle; or
1360	1360	23 (16) (blank); or the murdered individual was 60 years
1361	1361	24 of age or older and the death resulted from exceptionally
1362	1362	25 brutal or heinous behavior indicative of wanton cruelty;
1363	1363	26 or
1364	1364
1365	1365
1366	1366
1367	1367
1368	1368
1369	1369	SB2145 - 37 - LRB103 27176 RLC 53546 b
1370	1370
1371	1371
1372	1372	SB2145- 38 -LRB103 27176 RLC 53546 b SB2145 - 38 - LRB103 27176 RLC 53546 b
1373	1373	SB2145 - 38 - LRB103 27176 RLC 53546 b
1374	1374	1 (17) (blank); or the murdered individual was a person
1375	1375	2 with a disability and the defendant knew or should have
1376	1376	3 known that the murdered individual was a person with a
1377	1377	4 disability. For purposes of this paragraph (17), "person
1378	1378	5 with a disability" means a person who suffers from a
1379	1379	6 permanent physical or mental impairment resulting from
1380	1380	7 disease, an injury, a functional disorder, or a congenital
1381	1381	8 condition that renders the person incapable of adequately
1382	1382	9 providing for his or her own health or personal care; or
1383	1383	10 (18) (blank); or the murder was committed by reason of
1384	1384	11 any person's activity as a community policing volunteer or
1385	1385	12 to prevent any person from engaging in activity as a
1386	1386	13 community policing volunteer; or
1387	1387	14 (19) (blank); or the murdered individual was subject
1388	1388	15 to an order of protection and the murder was committed by a
1389	1389	16 person against whom the same order of protection was
1390	1390	17 issued under the Illinois Domestic Violence Act of 1986;
1391	1391	18 or
1392	1392	19 (20) murder was committed by the defendant the
1393	1393	20 murdered individual was known by the defendant to be a
1394	1394	21 teacher or other person employed in any school and the
1395	1395	22 teacher or other employee is upon the grounds of a school
1396	1396	23 or grounds adjacent to a school, or is in any part of a
1397	1397	24 building used for school purposes; or
1398	1398	25 (21) the murder was committed by the defendant in
1399	1399	26 connection with or as a result of the offense of terrorism
1400	1400
1401	1401
1402	1402
1403	1403
1404	1404
1405	1405	SB2145 - 38 - LRB103 27176 RLC 53546 b
1406	1406
1407	1407
1408	1408	SB2145- 39 -LRB103 27176 RLC 53546 b SB2145 - 39 - LRB103 27176 RLC 53546 b
1409	1409	SB2145 - 39 - LRB103 27176 RLC 53546 b
1410	1410	1 as defined in Section 29D-14.9 of this Code; or
1411	1411	2 (22) the murdered individual was a member of a
1412	1412	3 congregation engaged in prayer or other religious
1413	1413	4 activities at a church, synagogue, mosque, or other
1414	1414	5 building, structure, or place used for religious worship.
1415	1415	6 (b-5) Aggravating Factor; Natural Life Imprisonment. A
1416	1416	7 defendant who has been found guilty of first degree murder and
1417	1417	8 who at the time of the commission of the offense had attained
1418	1418	9 the age of 18 years or more may be sentenced to natural life
1419	1419	10 imprisonment if (i) the murdered individual was a physician,
1420	1420	11 physician assistant, psychologist, nurse, or advanced practice
1421	1421	12 registered nurse, (ii) the defendant knew or should have known
1422	1422	13 that the murdered individual was a physician, physician
1423	1423	14 assistant, psychologist, nurse, or advanced practice
1424	1424	15 registered nurse, and (iii) the murdered individual was killed
1425	1425	16 in the course of acting in his or her capacity as a physician,
1426	1426	17 physician assistant, psychologist, nurse, or advanced practice
1427	1427	18 registered nurse, or to prevent him or her from acting in that
1428	1428	19 capacity, or in retaliation for his or her acting in that
1429	1429	20 capacity.
1430	1430	21 (c) Consideration of factors in Aggravation and
1431	1431	22 Mitigation.
1432	1432	23 The court shall consider, or shall instruct the jury to
1433	1433	24 consider any aggravating and any mitigating factors which are
1434	1434	25 relevant to the imposition of the death penalty. Aggravating
1435	1435	26 factors may include but need not be limited to those factors
1436	1436
1437	1437
1438	1438
1439	1439
1440	1440
1441	1441	SB2145 - 39 - LRB103 27176 RLC 53546 b
1442	1442
1443	1443
1444	1444	SB2145- 40 -LRB103 27176 RLC 53546 b SB2145 - 40 - LRB103 27176 RLC 53546 b
1445	1445	SB2145 - 40 - LRB103 27176 RLC 53546 b
1446	1446	1 set forth in subsection (b). Mitigating factors may include
1447	1447	2 but need not be limited to the following:
1448	1448	3 (1) the defendant has no significant history of prior
1449	1449	4 criminal activity;
1450	1450	5 (2) the murder was committed while the defendant was
1451	1451	6 under the influence of extreme mental or emotional
1452	1452	7 disturbance, although not such as to constitute a defense
1453	1453	8 to prosecution;
1454	1454	9 (3) the murdered individual was a participant in the
1455	1455	10 defendant's homicidal conduct or consented to the
1456	1456	11 homicidal act;
1457	1457	12 (4) the defendant acted under the compulsion of threat
1458	1458	13 or menace of the imminent infliction of death or great
1459	1459	14 bodily harm;
1460	1460	15 (5) the defendant was not personally present during
1461	1461	16 commission of the act or acts causing death;
1462	1462	17 (6) the defendant's background includes a history of
1463	1463	18 extreme emotional or physical abuse;
1464	1464	19 (7) the defendant suffers from a reduced mental
1465	1465	20 capacity.
1466	1466	21 Provided, however, that an action that does not otherwise
1467	1467	22 mitigate first degree murder cannot qualify as a mitigating
1468	1468	23 factor for first degree murder because of the discovery,
1469	1469	24 knowledge, or disclosure of the victim's sexual orientation as
1470	1470	25 defined in Section 1-103 of the Illinois Human Rights Act.
1471	1471	26 (d) Separate sentencing hearing.
1472	1472
1473	1473
1474	1474
1475	1475
1476	1476
1477	1477	SB2145 - 40 - LRB103 27176 RLC 53546 b
1478	1478
1479	1479
1480	1480	SB2145- 41 -LRB103 27176 RLC 53546 b SB2145 - 41 - LRB103 27176 RLC 53546 b
1481	1481	SB2145 - 41 - LRB103 27176 RLC 53546 b
1482	1482	1 Where requested by the State, the court shall conduct a
1483	1483	2 separate sentencing proceeding to determine the existence of
1484	1484	3 factors set forth in subsection (b) and to consider any
1485	1485	4 aggravating or mitigating factors as indicated in subsection
1486	1486	5 (c). The proceeding shall be conducted:
1487	1487	6 (1) before the jury that determined the defendant's
1488	1488	7 guilt; or
1489	1489	8 (2) before a jury impanelled for the purpose of the
1490	1490	9 proceeding if:
1491	1491	10 A. the defendant was convicted upon a plea of
1492	1492	11 guilty; or
1493	1493	12 B. the defendant was convicted after a trial
1494	1494	13 before the court sitting without a jury; or
1495	1495	14 C. the court for good cause shown discharges the
1496	1496	15 jury that determined the defendant's guilt; or
1497	1497	16 (3) before the court alone if the defendant waives a
1498	1498	17 jury for the separate proceeding.
1499	1499	18 (e) Evidence and Argument.
1500	1500	19 During the proceeding any information relevant to any of
1501	1501	20 the factors set forth in subsection (b) may be presented by
1502	1502	21 either the State or the defendant under the rules governing
1503	1503	22 the admission of evidence at criminal trials. Any information
1504	1504	23 relevant to any additional aggravating factors or any
1505	1505	24 mitigating factors indicated in subsection (c) may be
1506	1506	25 presented by the State or defendant regardless of its
1507	1507	26 admissibility under the rules governing the admission of
1508	1508
1509	1509
1510	1510
1511	1511
1512	1512
1513	1513	SB2145 - 41 - LRB103 27176 RLC 53546 b
1514	1514
1515	1515
1516	1516	SB2145- 42 -LRB103 27176 RLC 53546 b SB2145 - 42 - LRB103 27176 RLC 53546 b
1517	1517	SB2145 - 42 - LRB103 27176 RLC 53546 b
1518	1518	1 evidence at criminal trials. The State and the defendant shall
1519	1519	2 be given fair opportunity to rebut any information received at
1520	1520	3 the hearing.
1521	1521	4 (f) Proof.
1522	1522	5 The burden of proof of establishing the existence of any
1523	1523	6 of the factors set forth in subsection (b) is on the State and
1524	1524	7 shall not be satisfied unless established beyond a reasonable
1525	1525	8 doubt.
1526	1526	9 (g) Procedure - Jury.
1527	1527	10 If at the separate sentencing proceeding the jury finds
1528	1528	11 that none of the factors set forth in subsection (b) exists,
1529	1529	12 the court shall sentence the defendant to a term of
1530	1530	13 imprisonment under Chapter V of the Unified Code of
1531	1531	14 Corrections. If there is a unanimous finding by the jury that
1532	1532	15 one or more of the factors set forth in subsection (b) exist,
1533	1533	16 the jury shall consider aggravating and mitigating factors as
1534	1534	17 instructed by the court and shall determine whether the
1535	1535	18 sentence of death shall be imposed. If the jury determines
1536	1536	19 unanimously, after weighing the factors in aggravation and
1537	1537	20 mitigation, that death is the appropriate sentence, the court
1538	1538	21 shall sentence the defendant to death. If the court does not
1539	1539	22 concur with the jury determination that death is the
1540	1540	23 appropriate sentence, the court shall set forth reasons in
1541	1541	24 writing including what facts or circumstances the court relied
1542	1542	25 upon, along with any relevant documents, that compelled the
1543	1543	26 court to non-concur with the sentence. This document and any
1544	1544
1545	1545
1546	1546
1547	1547
1548	1548
1549	1549	SB2145 - 42 - LRB103 27176 RLC 53546 b
1550	1550
1551	1551
1552	1552	SB2145- 43 -LRB103 27176 RLC 53546 b SB2145 - 43 - LRB103 27176 RLC 53546 b
1553	1553	SB2145 - 43 - LRB103 27176 RLC 53546 b
1554	1554	1 attachments shall be part of the record for appellate review.
1555	1555	2 The court shall be bound by the jury's sentencing
1556	1556	3 determination.
1557	1557	4 If after weighing the factors in aggravation and
1558	1558	5 mitigation, one or more jurors determines that death is not
1559	1559	6 the appropriate sentence, the court shall sentence the
1560	1560	7 defendant to a term of imprisonment under Chapter V of the
1561	1561	8 Unified Code of Corrections.
1562	1562	9 (h) Procedure - No Jury.
1563	1563	10 In a proceeding before the court alone, if the court finds
1564	1564	11 that none of the factors found in subsection (b) exists, the
1565	1565	12 court shall sentence the defendant to a term of imprisonment
1566	1566	13 under Chapter V of the Unified Code of Corrections.
1567	1567	14 If the Court determines that one or more of the factors set
1568	1568	15 forth in subsection (b) exists, the Court shall consider any
1569	1569	16 aggravating and mitigating factors as indicated in subsection
1570	1570	17 (c). If the Court determines, after weighing the factors in
1571	1571	18 aggravation and mitigation, that death is the appropriate
1572	1572	19 sentence, the Court shall sentence the defendant to death.
1573	1573	20 If the court finds that death is not the appropriate
1574	1574	21 sentence, the court shall sentence the defendant to a term of
1575	1575	22 imprisonment under Chapter V of the Unified Code of
1576	1576	23 Corrections.
1577	1577	24 (h-5) Decertification as a capital case.
1578	1578	25 In a case in which the defendant has been found guilty of
1579	1579	26 first degree murder by a judge or jury, or a case on remand for
1580	1580
1581	1581
1582	1582
1583	1583
1584	1584
1585	1585	SB2145 - 43 - LRB103 27176 RLC 53546 b
1586	1586
1587	1587
1588	1588	SB2145- 44 -LRB103 27176 RLC 53546 b SB2145 - 44 - LRB103 27176 RLC 53546 b
1589	1589	SB2145 - 44 - LRB103 27176 RLC 53546 b
1590	1590	1 resentencing, and the State seeks the death penalty as an
1591	1591	2 appropriate sentence, on the court's own motion or the written
1592	1592	3 motion of the defendant, the court may decertify the case as a
1593	1593	4 death penalty case if the court finds that the only evidence
1594	1594	5 supporting the defendant's conviction is the uncorroborated
1595	1595	6 testimony of an informant witness, as defined in Section
1596	1596	7 115-21 of the Code of Criminal Procedure of 1963, concerning
1597	1597	8 the confession or admission of the defendant or that the sole
1598	1598	9 evidence against the defendant is a single eyewitness or
1599	1599	10 single accomplice without any other corroborating evidence. If
1600	1600	11 the court decertifies the case as a capital case under either
1601	1601	12 of the grounds set forth above, the court shall issue a written
1602	1602	13 finding. The State may pursue its right to appeal the
1603	1603	14 decertification pursuant to Supreme Court Rule 604(a)(1). If
1604	1604	15 the court does not decertify the case as a capital case, the
1605	1605	16 matter shall proceed to the eligibility phase of the
1606	1606	17 sentencing hearing.
1607	1607	18 (i) Appellate Procedure.
1608	1608	19 The conviction and sentence of death shall be subject to
1609	1609	20 automatic review by the Supreme Court. Such review shall be in
1610	1610	21 accordance with rules promulgated by the Supreme Court. The
1611	1611	22 Illinois Supreme Court may overturn the death sentence, and
1612	1612	23 order the imposition of imprisonment under Chapter V of the
1613	1613	24 Unified Code of Corrections if the court finds that the death
1614	1614	25 sentence is fundamentally unjust as applied to the particular
1615	1615	26 case. If the Illinois Supreme Court finds that the death
1616	1616
1617	1617
1618	1618
1619	1619
1620	1620
1621	1621	SB2145 - 44 - LRB103 27176 RLC 53546 b
1622	1622
1623	1623
1624	1624	SB2145- 45 -LRB103 27176 RLC 53546 b SB2145 - 45 - LRB103 27176 RLC 53546 b
1625	1625	SB2145 - 45 - LRB103 27176 RLC 53546 b
1626	1626	1 sentence is fundamentally unjust as applied to the particular
1627	1627	2 case, independent of any procedural grounds for relief, the
1628	1628	3 Illinois Supreme Court shall issue a written opinion
1629	1629	4 explaining this finding.
1630	1630	5 (j) Disposition of reversed death sentence.
1631	1631	6 In the event that the death penalty in this Act is held to
1632	1632	7 be unconstitutional by the Supreme Court of the United States
1633	1633	8 or of the State of Illinois, any person convicted of first
1634	1634	9 degree murder shall be sentenced by the court to a term of
1635	1635	10 imprisonment under Chapter V of the Unified Code of
1636	1636	11 Corrections.
1637	1637	12 In the event that any death sentence pursuant to the
1638	1638	13 sentencing provisions of this Section is declared
1639	1639	14 unconstitutional by the Supreme Court of the United States or
1640	1640	15 of the State of Illinois, the court having jurisdiction over a
1641	1641	16 person previously sentenced to death shall cause the defendant
1642	1642	17 to be brought before the court, and the court shall sentence
1643	1643	18 the defendant to a term of imprisonment under Chapter V of the
1644	1644	19 Unified Code of Corrections.
1645	1645	20 (k) Guidelines for seeking the death penalty.
1646	1646	21 The Attorney General and State's Attorneys Association
1647	1647	22 shall consult on voluntary guidelines for procedures governing
1648	1648	23 whether or not to seek the death penalty. The guidelines do not
1649	1649	24 have the force of law and are only advisory in nature.
1650	1650	25 (Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
1651	1651	26 100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.
1652	1652
1653	1653
1654	1654
1655	1655
1656	1656
1657	1657	SB2145 - 45 - LRB103 27176 RLC 53546 b
1658	1658
1659	1659
1660	1660	SB2145- 46 -LRB103 27176 RLC 53546 b SB2145 - 46 - LRB103 27176 RLC 53546 b
1661	1661	SB2145 - 46 - LRB103 27176 RLC 53546 b
1662	1662	1 7-1-21.)
1663	1663	2 Section 110. The Code of Criminal Procedure of 1963 is
1664	1664	3 amended by changing Sections 113-3 and 119-1 as follows:
1665	1665	4 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
1666	1666	5 Sec. 113-3. (a) Every person charged with an offense shall
1667	1667	6 be allowed counsel before pleading to the charge. If the
1668	1668	7 defendant desires counsel and has been unable to obtain same
1669	1669	8 before arraignment the court shall recess court or continue
1670	1670	9 the cause for a reasonable time to permit defendant to obtain
1671	1671	10 counsel and consult with him before pleading to the charge. If
1672	1672	11 the accused is a dissolved corporation, and is not represented
1673	1673	12 by counsel, the court may, in the interest of justice, appoint
1674	1674	13 as counsel a licensed attorney of this State.
1675	1675	14 (b) In all cases, except where the penalty is a fine only,
1676	1676	15 if the court determines that the defendant is indigent and
1677	1677	16 desires counsel, the Public Defender shall be appointed as
1678	1678	17 counsel. If there is no Public Defender in the county or if the
1679	1679	18 defendant requests counsel other than the Public Defender and
1680	1680	19 the court finds that the rights of the defendant will be
1681	1681	20 prejudiced by the appointment of the Public Defender, the
1682	1682	21 court shall appoint as counsel a licensed attorney at law of
1683	1683	22 this State, except that in a county having a population of
1684	1684	23 2,000,000 or more the Public Defender shall be appointed as
1685	1685	24 counsel in all misdemeanor cases where the defendant is
1686	1686
1687	1687
1688	1688
1689	1689
1690	1690
1691	1691	SB2145 - 46 - LRB103 27176 RLC 53546 b
1692	1692
1693	1693
1694	1694	SB2145- 47 -LRB103 27176 RLC 53546 b SB2145 - 47 - LRB103 27176 RLC 53546 b
1695	1695	SB2145 - 47 - LRB103 27176 RLC 53546 b
1696	1696	1 indigent and desires counsel unless the case involves multiple
1697	1697	2 defendants, in which case the court may appoint counsel other
1698	1698	3 than the Public Defender for the additional defendants. The
1699	1699	4 court shall require an affidavit signed by any defendant who
1700	1700	5 requests court-appointed counsel. Such affidavit shall be in
1701	1701	6 the form established by the Supreme Court containing
1702	1702	7 sufficient information to ascertain the assets and liabilities
1703	1703	8 of that defendant. The Court may direct the Clerk of the
1704	1704	9 Circuit Court to assist the defendant in the completion of the
1705	1705	10 affidavit. Any person who knowingly files such affidavit
1706	1706	11 containing false information concerning his assets and
1707	1707	12 liabilities shall be liable to the county where the case, in
1708	1708	13 which such false affidavit is filed, is pending for the
1709	1709	14 reasonable value of the services rendered by the public
1710	1710	15 defender or other court-appointed counsel in the case to the
1711	1711	16 extent that such services were unjustly or falsely procured.
1712	1712	17 (c) Upon the filing with the court of a verified statement
1713	1713	18 of services rendered the court shall order the county
1714	1714	19 treasurer of the county of trial to pay counsel other than the
1715	1715	20 Public Defender a reasonable fee. The court shall consider all
1716	1716	21 relevant circumstances, including but not limited to the time
1717	1717	22 spent while court is in session, other time spent in
1718	1718	23 representing the defendant, and expenses reasonably incurred
1719	1719	24 by counsel. In counties with a population greater than
1720	1720	25 2,000,000, the court shall order the county treasurer of the
1721	1721	26 county of trial to pay counsel other than the Public Defender a
1722	1722
1723	1723
1724	1724
1725	1725
1726	1726
1727	1727	SB2145 - 47 - LRB103 27176 RLC 53546 b
1728	1728
1729	1729
1730	1730	SB2145- 48 -LRB103 27176 RLC 53546 b SB2145 - 48 - LRB103 27176 RLC 53546 b
1731	1731	SB2145 - 48 - LRB103 27176 RLC 53546 b
1732	1732	1 reasonable fee stated in the order and based upon a rate of
1733	1733	2 compensation of not more than $40 for each hour spent while
1734	1734	3 court is in session and not more than $30 for each hour
1735	1735	4 otherwise spent representing a defendant, and such
1736	1736	5 compensation shall not exceed $150 for each defendant
1737	1737	6 represented in misdemeanor cases and $1250 in felony cases, in
1738	1738	7 addition to expenses reasonably incurred as hereinafter in
1739	1739	8 this Section provided, except that, in extraordinary
1740	1740	9 circumstances, payment in excess of the limits herein stated
1741	1741	10 may be made if the trial court certifies that such payment is
1742	1742	11 necessary to provide fair compensation for protracted
1743	1743	12 representation. A trial court may entertain the filing of this
1744	1744	13 verified statement before the termination of the cause, and
1745	1745	14 may order the provisional payment of sums during the pendency
1746	1746	15 of the cause.
1747	1747	16 (d) In capital cases, in addition to counsel, if the court
1748	1748	17 determines that the defendant is indigent the court may, upon
1749	1749	18 the filing with the court of a verified statement of services
1750	1750	19 rendered, order the county Treasurer of the county of trial to
1751	1751	20 pay necessary expert witnesses for defendant reasonable
1752	1752	21 compensation stated in the order not to exceed $250 for each
1753	1753	22 defendant.
1754	1754	23 (e) If the court in any county having a population greater
1755	1755	24 than 2,000,000 determines that the defendant is indigent the
1756	1756	25 court may, upon the filing with the court of a verified
1757	1757	26 statement of such expenses, order the county treasurer of the
1758	1758
1759	1759
1760	1760
1761	1761
1762	1762
1763	1763	SB2145 - 48 - LRB103 27176 RLC 53546 b
1764	1764
1765	1765
1766	1766	SB2145- 49 -LRB103 27176 RLC 53546 b SB2145 - 49 - LRB103 27176 RLC 53546 b
1767	1767	SB2145 - 49 - LRB103 27176 RLC 53546 b
1768	1768	1 county of trial, in such counties having a population greater
1769	1769	2 than 2,000,000 to pay the general expenses of the trial
1770	1770	3 incurred by the defendant not to exceed $50 for each
1771	1771	4 defendant.
1772	1772	5 (f) The provisions of this Section relating to appointment
1773	1773	6 of counsel, compensation of counsel, and payment of expenses
1774	1774	7 in capital cases apply except when the compensation and
1775	1775	8 expenses are being provided under the Capital Crimes
1776	1776	9 Litigation Act of 2023.
1777	1777	10 (Source: P.A. 91-589, eff. 1-1-00.)
1778	1778	11 (725 ILCS 5/119-1)
1779	1779	12 Sec. 119-1. Death penalty restored abolished.
1780	1780	13 (a) (Blank). Beginning on the effective date of this
1781	1781	14 amendatory Act of the 96th General Assembly, notwithstanding
1782	1782	15 any other law to the contrary, the death penalty is abolished
1783	1783	16 and a sentence to death may not be imposed.
1784	1784	17 (b) All unobligated and unexpended moneys remaining in the
1785	1785	18 Capital Litigation Trust Fund on the effective date of this
1786	1786	19 amendatory Act of the 96th General Assembly shall be
1787	1787	20 transferred into the Death Penalty Abolition Fund on the
1788	1788	21 effective date of this amendatory Act of the 103rd General
1789	1789	22 Assembly shall be transferred into the Capital Litigation
1790	1790	23 Trust Fund , a special fund in the State treasury, to be
1791	1791	24 expended by the Illinois Criminal Justice Information
1792	1792	25 Authority, for services for families of victims of homicide or
1793	1793
1794	1794
1795	1795
1796	1796
1797	1797
1798	1798	SB2145 - 49 - LRB103 27176 RLC 53546 b
1799	1799
1800	1800
1801	1801	SB2145- 50 -LRB103 27176 RLC 53546 b SB2145 - 50 - LRB103 27176 RLC 53546 b
1802	1802	SB2145 - 50 - LRB103 27176 RLC 53546 b
1803	1803	1 murder and for training of law enforcement personnel.
1804	1804	2 (Source: P.A. 96-1543, eff. 7-1-11.)
1805	1805	3 Section 115. The State Appellate Defender Act is amended
1806	1806	4 by changing Section 10 as follows:
1807	1807	5 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
1808	1808	6 Sec. 10. Powers and duties of State Appellate Defender.
1809	1809	7 (a) The State Appellate Defender shall represent indigent
1810	1810	8 persons on appeal in criminal and delinquent minor
1811	1811	9 proceedings, when appointed to do so by a court under a Supreme
1812	1812	10 Court Rule or law of this State.
1813	1813	11 (b) The State Appellate Defender shall submit a budget for
1814	1814	12 the approval of the State Appellate Defender Commission.
1815	1815	13 (c) The State Appellate Defender may:
1816	1816	14 (1) maintain a panel of private attorneys available to
1817	1817	15 serve as counsel on a case basis;
1818	1818	16 (2) establish programs, alone or in conjunction with
1819	1819	17 law schools, for the purpose of utilizing volunteer law
1820	1820	18 students as legal assistants;
1821	1821	19 (3) cooperate and consult with state agencies,
1822	1822	20 professional associations, and other groups concerning the
1823	1823	21 causes of criminal conduct, the rehabilitation and
1824	1824	22 correction of persons charged with and convicted of crime,
1825	1825	23 the administration of criminal justice, and, in counties
1826	1826	24 of less than 1,000,000 population, study, design, develop
1827	1827
1828	1828
1829	1829
1830	1830
1831	1831
1832	1832	SB2145 - 50 - LRB103 27176 RLC 53546 b
1833	1833
1834	1834
1835	1835	SB2145- 51 -LRB103 27176 RLC 53546 b SB2145 - 51 - LRB103 27176 RLC 53546 b
1836	1836	SB2145 - 51 - LRB103 27176 RLC 53546 b
1837	1837	1 and implement model systems for the delivery of trial
1838	1838	2 level defender services, and make an annual report to the
1839	1839	3 General Assembly;
1840	1840	4 (4) hire investigators to provide investigative
1841	1841	5 services to appointed counsel and county public defenders;
1842	1842	6 (5) (blank);
1843	1843	7 (5.1) in cases in which a death sentence is an
1844	1844	8 authorized disposition, provide trial counsel with legal
1845	1845	9 assistance and the assistance of expert witnesses,
1846	1846	10 investigators, and mitigation specialists from funds
1847	1847	11 appropriated to the State Appellate Defender specifically
1848	1848	12 for that purpose by the General Assembly. The Office of
1849	1849	13 State Appellate Defender shall not be appointed to serve
1850	1850	14 as trial counsel in capital cases;
1851	1851	15 (5.5) provide training to county public defenders;
1852	1852	16 (5.7) provide county public defenders with the
1853	1853	17 assistance of expert witnesses and investigators from
1854	1854	18 funds appropriated to the State Appellate Defender
1855	1855	19 specifically for that purpose by the General Assembly. The
1856	1856	20 Office of the State Appellate Defender shall not be
1857	1857	21 appointed to act as trial counsel;
1858	1858	22 (6) develop a Juvenile Defender Resource Center to:
1859	1859	23 (i) study, design, develop, and implement model systems
1860	1860	24 for the delivery of trial level defender services for
1861	1861	25 juveniles in the justice system; (ii) in cases in which a
1862	1862	26 sentence of incarceration or an adult sentence, or both,
1863	1863
1864	1864
1865	1865
1866	1866
1867	1867
1868	1868	SB2145 - 51 - LRB103 27176 RLC 53546 b
1869	1869
1870	1870
1871	1871	SB2145- 52 -LRB103 27176 RLC 53546 b SB2145 - 52 - LRB103 27176 RLC 53546 b
1872	1872	SB2145 - 52 - LRB103 27176 RLC 53546 b
1873	1873	1 is an authorized disposition, provide trial counsel with
1874	1874	2 legal advice and the assistance of expert witnesses and
1875	1875	3 investigators from funds appropriated to the Office of the
1876	1876	4 State Appellate Defender by the General Assembly
1877	1877	5 specifically for that purpose; (iii) develop and provide
1878	1878	6 training to public defenders on juvenile justice issues,
1879	1879	7 utilizing resources including the State and local bar
1880	1880	8 associations, the Illinois Public Defender Association,
1881	1881	9 law schools, the Midwest Juvenile Defender Center, and pro
1882	1882	10 bono efforts by law firms; and (iv) make an annual report
1883	1883	11 to the General Assembly.
1884	1884	12 Investigators employed by the Capital Trial Assistance
1885	1885	13 Unit and Capital Post Conviction Unit of the State Appellate
1886	1886	14 Defender shall be authorized to inquire through the Illinois
1887	1887	15 State Police or local law enforcement with the Law Enforcement
1888	1888	16 Agencies Data System (LEADS) under Section 2605-375 of the
1889	1889	17 Civil Administrative Code of Illinois to ascertain whether
1890	1890	18 their potential witnesses have a criminal background,
1891	1891	19 including, but not limited to: (i) warrants; (ii) arrests;
1892	1892	20 (iii) convictions; and (iv) officer safety information. This
1893	1893	21 authorization applies only to information held on the State
1894	1894	22 level and shall be used only to protect the personal safety of
1895	1895	23 the investigators. Any information that is obtained through
1896	1896	24 this inquiry may not be disclosed by the investigators.
1897	1897	25 (c-5) For each State fiscal year, the State Appellate
1898	1898	26 Defender shall request a direct appropriation from the Capital
1899	1899
1900	1900
1901	1901
1902	1902
1903	1903
1904	1904	SB2145 - 52 - LRB103 27176 RLC 53546 b
1905	1905
1906	1906
1907	1907	SB2145- 53 -LRB103 27176 RLC 53546 b SB2145 - 53 - LRB103 27176 RLC 53546 b
1908	1908	SB2145 - 53 - LRB103 27176 RLC 53546 b
1909	1909	1 Litigation Trust Fund for expenses incurred by the State
1910	1910	2 Appellate Defender in providing assistance to trial attorneys
1911	1911	3 under paragraph (5.1) of subsection (c) of this Section and
1912	1912	4 for expenses incurred by the State Appellate Defender in
1913	1913	5 representing petitioners in capital cases in post-conviction
1914	1914	6 proceedings under Article 122 of the Code of Criminal
1915	1915	7 Procedure of 1963 and in relation to petitions filed under
1916	1916	8 Section 2-1401 of the Code of Civil Procedure in relation to
1917	1917	9 capital cases and for the representation of those petitioners
1918	1918	10 by attorneys approved by or contracted with the State
1919	1919	11 Appellate Defender and an appropriation to the State Treasurer
1920	1920	12 for payments from the Trust Fund for the defense of cases in
1921	1921	13 counties other than Cook County. The State Appellate Defender
1922	1922	14 may appear before the General Assembly at other times during
1923	1923	15 the State's fiscal year to request supplemental appropriations
1924	1924	16 from the Trust Fund to the State Treasurer.
1925	1925	17 (d) (Blank).
1926	1926	18 (e) The requirement for reporting to the General Assembly
1927	1927	19 shall be satisfied by filing copies of the report as required
1928	1928	20 by Section 3.1 of the General Assembly Organization Act and
1929	1929	21 filing such additional copies with the State Government Report
1930	1930	22 Distribution Center for the General Assembly as is required
1931	1931	23 under paragraph (t) of Section 7 of the State Library Act.
1932	1932	24 (Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)
1933	1933	25 Section 999. Effective date. This Act takes effect January
1934	1934	26 1, 2024.
1935	1935
1936	1936
1937	1937
1938	1938
1939	1939
1940	1940	SB2145 - 53 - LRB103 27176 RLC 53546 b