Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2151 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 SB2151 Introduced 2/10/2023, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: See Index Creates the Capital Crimes Litigation Act of 2023. Provides that if an indigent defendant is charged with an offense for which a sentence of death is authorized, and the State's Attorney has not, at or before arraignment, filed a certificate indicating he or she will not seek the death penalty or stated on the record in open court that the death penalty will not be sought, the trial court shall appoint the Public Defender or another qualified attorney to represent the defendant. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Fund shall be used exclusively to provide funding for the prosecution and defense of capital cases and post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Criminal Code of 2012. Reinstates the death penalty if: (1) the murdered individual was a peace officer, fireman, emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known the status of the murdered individual; (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties; or (3) the murdered individual was an investigator or caseworker with the Adult Protective Services Program or an ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, an investigator or employee of the Department of Children and Family Services, or a special agent with the Illinois Liquor Control Commission or the Department of Revenue. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes. LRB103 25244 RLC 57272 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2151 Introduced 2/10/2023, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: See Index See Index Creates the Capital Crimes Litigation Act of 2023. Provides that if an indigent defendant is charged with an offense for which a sentence of death is authorized, and the State's Attorney has not, at or before arraignment, filed a certificate indicating he or she will not seek the death penalty or stated on the record in open court that the death penalty will not be sought, the trial court shall appoint the Public Defender or another qualified attorney to represent the defendant. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Fund shall be used exclusively to provide funding for the prosecution and defense of capital cases and post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Criminal Code of 2012. Reinstates the death penalty if: (1) the murdered individual was a peace officer, fireman, emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known the status of the murdered individual; (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties; or (3) the murdered individual was an investigator or caseworker with the Adult Protective Services Program or an ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, an investigator or employee of the Department of Children and Family Services, or a special agent with the Illinois Liquor Control Commission or the Department of Revenue. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes. LRB103 25244 RLC 57272 b LRB103 25244 RLC 57272 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2151 Introduced 2/10/2023, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Creates the Capital Crimes Litigation Act of 2023. Provides that if an indigent defendant is charged with an offense for which a sentence of death is authorized, and the State's Attorney has not, at or before arraignment, filed a certificate indicating he or she will not seek the death penalty or stated on the record in open court that the death penalty will not be sought, the trial court shall appoint the Public Defender or another qualified attorney to represent the defendant. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Fund shall be used exclusively to provide funding for the prosecution and defense of capital cases and post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Criminal Code of 2012. Reinstates the death penalty if: (1) the murdered individual was a peace officer, fireman, emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known the status of the murdered individual; (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties; or (3) the murdered individual was an investigator or caseworker with the Adult Protective Services Program or an ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, an investigator or employee of the Department of Children and Family Services, or a special agent with the Illinois Liquor Control Commission or the Department of Revenue. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes.
6	6	LRB103 25244 RLC 57272 b LRB103 25244 RLC 57272 b
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8	8	A BILL FOR
9	9	SB2151LRB103 25244 RLC 57272 b SB2151 LRB103 25244 RLC 57272 b
10	10	SB2151 LRB103 25244 RLC 57272 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Capital Crimes Litigation Act of 2023.
16	16	6 Section 5. Appointment of trial counsel in death penalty
17	17	7 cases. If an indigent defendant is charged with an offense for
18	18	8 which a sentence of death is authorized, and the State's
19	19	9 Attorney has not, at or before arraignment, filed a
20	20	10 certificate indicating he or she will not seek the death
21	21	11 penalty or stated on the record in open court that the death
22	22	12 penalty will not be sought, the trial court shall immediately
23	23	13 appoint the Public Defender, or any other qualified attorney
24	24	14 or attorneys as the Illinois Supreme Court shall by rule
25	25	15 provide, to represent the defendant as trial counsel. If the
26	26	16 Public Defender is appointed, he or she shall immediately
27	27	17 assign the attorney or attorneys who are public defenders to
28	28	18 represent the defendant. The counsel shall meet the
29	29	19 qualifications as the Supreme Court shall by rule provide. At
30	30	20 the request of court appointed counsel in a case in which the
31	31	21 death penalty is sought, attorneys employed by the State
32	32	22 Appellate Defender may enter an appearance for the limited
33	33	23 purpose of assisting counsel appointed under this Section.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2151 Introduced 2/10/2023, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Creates the Capital Crimes Litigation Act of 2023. Provides that if an indigent defendant is charged with an offense for which a sentence of death is authorized, and the State's Attorney has not, at or before arraignment, filed a certificate indicating he or she will not seek the death penalty or stated on the record in open court that the death penalty will not be sought, the trial court shall appoint the Public Defender or another qualified attorney to represent the defendant. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Fund shall be used exclusively to provide funding for the prosecution and defense of capital cases and post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Criminal Code of 2012. Reinstates the death penalty if: (1) the murdered individual was a peace officer, fireman, emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known the status of the murdered individual; (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties; or (3) the murdered individual was an investigator or caseworker with the Adult Protective Services Program or an ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, an investigator or employee of the Department of Children and Family Services, or a special agent with the Illinois Liquor Control Commission or the Department of Revenue. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes.
41	41	LRB103 25244 RLC 57272 b LRB103 25244 RLC 57272 b
42	42	LRB103 25244 RLC 57272 b
43	43	A BILL FOR
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68	68	1 Section 10. Court appointed trial counsel; compensation
69	69	2 and expenses.
70	70	3 (a) This Section applies only to compensation and expenses
71	71	4 of trial counsel appointed by the court as set forth in Section
72	72	5 5, other than public defenders, for the period after
73	73	6 arraignment and so long as the State's Attorney has not, at any
74	74	7 time, filed a certificate indicating he or she will not seek
75	75	8 the death penalty or stated on the record in open court that
76	76	9 the death penalty will not be sought.
77	77	10 (a-5) Litigation budget.
78	78	11 (1) In a case in which the State has filed a statement
79	79	12 of intent to seek the death penalty, the court shall
80	80	13 require appointed counsel, including those appointed in
81	81	14 Cook County, after counsel has had adequate time to review
82	82	15 the case and prior to engaging trial assistance, to submit
83	83	16 a proposed estimated litigation budget for court approval,
84	84	17 that will be subject to modification in light of facts and
85	85	18 developments that emerge as the case proceeds. Case
86	86	19 budgets should be submitted ex parte and filed and
87	87	20 maintained under seal in order to protect the defendant's
88	88	21 right to effective assistance of counsel, right not to
89	89	22 incriminate him or herself and all applicable privileges.
90	90	23 Case budgets shall be reviewed and approved by the judge
91	91	24 assigned to try the case. As provided under subsection (c)
92	92	25 of this Section, petitions for compensation shall be
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103	103	1 reviewed by both the trial judge and the presiding judge
104	104	2 or the presiding judge's designee.
105	105	3 (2) The litigation budget shall serve purposes
106	106	4 comparable to those of private retainer agreements by
107	107	5 confirming both the court's and the attorney's
108	108	6 expectations regarding fees and expenses. Consideration
109	109	7 should be given to employing an ex parte pretrial
110	110	8 conference in order to facilitate reaching agreement on a
111	111	9 litigation budget at the earliest opportunity.
112	112	10 (3) The budget shall be incorporated into a sealed
113	113	11 initial pretrial order that reflects the understandings of
114	114	12 the court and counsel regarding all matters affecting
115	115	13 counsel compensation and reimbursement and payments for
116	116	14 investigative, expert and other services, including, but
117	117	15 not limited to, the following matters:
118	118	16 (A) the hourly rate at which counsel will be
119	119	17 compensated;
120	120	18 (B) the hourly rate at which private
121	121	19 investigators, other than investigators employed by
122	122	20 the Office of the State Appellate Defender, will be
123	123	21 compensated; and
124	124	22 (C) the best preliminary estimate that can be made
125	125	23 of the cost of all services, including, but not
126	126	24 limited to, counsel, expert, and investigative
127	127	25 services that are likely to be needed through the
128	128	26 guilt and penalty phases of the trial. The court shall
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139	139	1 have discretion to require that budgets be prepared
140	140	2 for shorter intervals of time.
141	141	3 (4) Appointed counsel may obtain, subject to later
142	142	4 review, investigative, expert, or other services without
143	143	5 prior authorization if necessary for an adequate defense.
144	144	6 If the services are obtained, the presiding judge or the
145	145	7 presiding judge's designee shall consider in an ex parte
146	146	8 proceeding that timely procurement of necessary services
147	147	9 could not await prior authorization. If an ex parte
148	148	10 hearing is requested by defense counsel or deemed
149	149	11 necessary by the trial judge prior to modifying a budget,
150	150	12 the ex parte hearing shall be before the presiding judge
151	151	13 or the presiding judge's designee. The judge may then
152	152	14 authorize the services nunc pro tunc. If the presiding
153	153	15 judge or the presiding judge's designee finds that the
154	154	16 services were not reasonable, payment may be denied.
155	155	17 (5) An approved budget shall guide counsel's use of
156	156	18 time and resources by indicating the services for which
157	157	19 compensation is authorized. The case budget shall be
158	158	20 re-evaluated when justified by changed or unexpected
159	159	21 circumstances and shall be modified by the court when
160	160	22 reasonable and necessary for an adequate defense. If an ex
161	161	23 parte hearing is requested by defense counsel or deemed
162	162	24 necessary by the trial judge prior to modifying a budget,
163	163	25 the ex parte hearing shall be before the presiding judge
164	164	26 or the presiding judge's designee.
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175	175	1 (b) Appointed trial counsel shall be compensated upon
176	176	2 presentment and certification by the circuit court of a claim
177	177	3 for services detailing the date, activity, and time duration
178	178	4 for which compensation is sought. Compensation for appointed
179	179	5 trial counsel may be paid at a reasonable rate not to exceed
180	180	6 $125 per hour. The court shall not authorize payment of bills
181	181	7 that are not properly itemized. A request for payment shall be
182	182	8 presented under seal and reviewed ex parte with a court
183	183	9 reporter present. Every January 20, the statutory rate
184	184	10 prescribed in this subsection shall be automatically increased
185	185	11 or decreased, as applicable, by a percentage equal to the
186	186	12 percentage change in the consumer price index-u during the
187	187	13 preceding 12-month calendar year. "Consumer price index-u"
188	188	14 means the index published by the Bureau of Labor Statistics of
189	189	15 the United States Department of Labor that measures the
190	190	16 average change in prices of goods and services purchased by
191	191	17 all urban consumers, United States city average, all items,
192	192	18 1982-84=100. The new rate resulting from each annual
193	193	19 adjustment shall be determined by the State Treasurer and made
194	194	20 available to the chief judge of each judicial circuit.
195	195	21 (c) Appointed trial counsel may also petition the court
196	196	22 for certification of expenses for reasonable and necessary
197	197	23 capital litigation expenses including, but not limited to,
198	198	24 investigatory and other assistance, expert, forensic, and
199	199	25 other witnesses, and mitigation specialists. Each provider of
200	200	26 proposed services must specify the best preliminary estimate
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211	211	1 that can be made in light of information received in the case
212	212	2 at that point, and the provider must sign this estimate under
213	213	3 the provisions of Section 1-109 of the Code of Civil
214	214	4 Procedure. A provider of proposed services must also specify:
215	215	5 (1) his or her hourly rate; (2) the hourly rate of anyone else
216	216	6 in his or her employ for whom reimbursement is sought; and (3)
217	217	7 the hourly rate of any person or entity that may be
218	218	8 subcontracted to perform these services. Counsel may not
219	219	9 petition for certification of expenses that may have been
220	220	10 provided or compensated by the State Appellate Defender under
221	221	11 item (c)(5.1) of Section 10 of the State Appellate Defender
222	222	12 Act. The petitions shall be filed under seal and considered ex
223	223	13 parte but with a court reporter present for all ex parte
224	224	14 conferences. If the requests are submitted after services have
225	225	15 been rendered, the requests shall be supported by an invoice
226	226	16 describing the services rendered, the dates the services were
227	227	17 performed and the amount of time spent. These petitions shall
228	228	18 be reviewed by both the trial judge and the presiding judge of
229	229	19 the circuit court or the presiding judge's designee. The
230	230	20 petitions and orders shall be kept under seal and shall be
231	231	21 exempt from Freedom of Information requests until the
232	232	22 conclusion of the trial, even if the prosecution chooses not
233	233	23 to pursue the death penalty prior to trial or sentencing. If an
234	234	24 ex parte hearing is requested by defense counsel or deemed
235	235	25 necessary by the trial judge, the hearing shall be before the
236	236	26 presiding judge or the presiding judge's designee.
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247	247	1 (d) Appointed trial counsel shall petition the court for
248	248	2 certification of compensation and expenses under this Section
249	249	3 periodically during the course of counsel's representation.
250	250	4 The petitions shall be supported by itemized bills showing the
251	251	5 date, the amount of time spent, the work done, and the total
252	252	6 being charged for each entry. The court shall not authorize
253	253	7 payment of bills that are not properly itemized. The court
254	254	8 must certify reasonable and necessary expenses of the
255	255	9 petitioner for travel and per diem (lodging, meals, and
256	256	10 incidental expenses). These expenses must be paid at the rate
257	257	11 as promulgated by the United States General Services
258	258	12 Administration for these expenses for the date and location in
259	259	13 which they were incurred, unless extraordinary reasons are
260	260	14 shown for the difference. The petitions shall be filed under
261	261	15 seal and considered ex parte but with a court reporter present
262	262	16 for all ex parte conferences. The petitions shall be reviewed
263	263	17 by both the trial judge and the presiding judge of the circuit
264	264	18 court or the presiding judge's designee. If an ex parte
265	265	19 hearing is requested by defense counsel or deemed necessary by
266	266	20 the trial judge, the ex parte hearing shall be before the
267	267	21 presiding judge or the presiding judge's designee. If the
268	268	22 court determines that the compensation and expenses should be
269	269	23 paid from the Capital Litigation Trust Fund, the court shall
270	270	24 certify, on a form created by the State Treasurer, that all or
271	271	25 a designated portion of the amount requested is reasonable,
272	272	26 necessary, and appropriate for payment from the Trust Fund.
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283	283	1 The form must also be signed by lead trial counsel under the
284	284	2 provisions of Section 1-109 of the Code of Civil Procedure
285	285	3 verifying that the amount requested is reasonable, necessary,
286	286	4 and appropriate. Bills submitted for payment by any individual
287	287	5 or entity seeking payment from the Capital Litigation Trust
288	288	6 Fund must also be accompanied by a form created by the State
289	289	7 Treasurer and signed by the individual or responsible agent of
290	290	8 the entity under the provisions of Section 1-109 of the Code of
291	291	9 Civil Procedure that the amount requested is accurate and
292	292	10 truthful and reflects time spent or expenses incurred.
293	293	11 Certification of compensation and expenses by a court in any
294	294	12 county other than Cook County shall be delivered by the court
295	295	13 to the State Treasurer and must be paid by the State Treasurer
296	296	14 directly from the Capital Litigation Trust Fund if there are
297	297	15 sufficient moneys in the Trust Fund to pay the compensation
298	298	16 and expenses. If the State Treasurer finds within 14 days of
299	299	17 his or her receipt of a certification that the compensation
300	300	18 and expenses to be paid are unreasonable, unnecessary, or
301	301	19 inappropriate, he or she may return the certification to the
302	302	20 court setting forth in detail the objection or objections with
303	303	21 a request for the court to review the objection or objections
304	304	22 before resubmitting the certification. The State Treasurer
305	305	23 must send the claimant a copy of the objection or objections.
306	306	24 The State Treasurer may only seek a review of a specific
307	307	25 objection once. The claimant has 7 days from his or her receipt
308	308	26 of the objections to file a response with the court. With or
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319	319	1 without further hearing, the court must promptly rule on the
320	320	2 objections. The petitions and orders shall be kept under seal
321	321	3 and shall be exempt from Freedom of Information requests until
322	322	4 the conclusion of the trial and appeal of the case, even if the
323	323	5 prosecution chooses not to pursue the death penalty prior to
324	324	6 trial or sentencing. Certification of compensation and
325	325	7 expenses by a court in Cook County shall be delivered by the
326	326	8 court to the county treasurer and paid by the county treasurer
327	327	9 from moneys granted to the county from the Capital Litigation
328	328	10 Trust Fund.
329	329	11 Section 15. Capital Litigation Trust Fund.
330	330	12 (a) The Capital Litigation Trust Fund is created as a
331	331	13 special fund in the State treasury. The Trust Fund shall be
332	332	14 administered by the State Treasurer to provide moneys for the
333	333	15 appropriations to be made, grants to be awarded, and
334	334	16 compensation and expenses to be paid under this Act. All
335	335	17 interest earned from the investment or deposit of moneys
336	336	18 accumulated in the Trust Fund shall, under Section 4.1 of the
337	337	19 State Finance Act, be deposited into the Trust Fund.
338	338	20 (b) Moneys deposited into the Trust Fund shall not be
339	339	21 considered general revenue of the State of Illinois.
340	340	22 (c) Moneys deposited into the Trust Fund shall be used
341	341	23 exclusively for the purposes of providing funding for the
342	342	24 prosecution and defense of capital cases and for providing
343	343	25 funding for post-conviction proceedings in capital cases under
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354	354	1 Article 122 of the Code of Criminal Procedure of 1963 and in
355	355	2 relation to petitions filed under Section 2-1401 of the Code
356	356	3 of Civil Procedure in relation to capital cases as provided in
357	357	4 this Act and shall not be appropriated, loaned, or in any
358	358	5 manner transferred to the General Revenue Fund of the State of
359	359	6 Illinois.
360	360	7 (d) Every fiscal year the State Treasurer shall transfer
361	361	8 from the General Revenue Fund to the Capital Litigation Trust
362	362	9 Fund an amount equal to the full amount of moneys appropriated
363	363	10 by the General Assembly (both by original and supplemental
364	364	11 appropriation), less any unexpended balance from the previous
365	365	12 fiscal year, from the Capital Litigation Trust Fund for the
366	366	13 specific purpose of making funding available for the
367	367	14 prosecution and defense of capital cases and for the
368	368	15 litigation expenses associated with post-conviction
369	369	16 proceedings in capital cases under Article 122 of the Code of
370	370	17 Criminal Procedure of 1963 and in relation to petitions filed
371	371	18 under Section 2-1401 of the Code of Civil Procedure in
372	372	19 relation to capital cases. The Public Defender and State's
373	373	20 Attorney in Cook County, the State Appellate Defender, the
374	374	21 State's Attorneys Appellate Prosecutor, and the Attorney
375	375	22 General shall make annual requests for appropriations from the
376	376	23 Trust Fund.
377	377	24 (1) The Public Defender in Cook County shall request
378	378	25 appropriations to the State Treasurer for expenses
379	379	26 incurred by the Public Defender and for funding for
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390	390	1 private appointed defense counsel in Cook County.
391	391	2 (2) The State's Attorney in Cook County shall request
392	392	3 an appropriation to the State Treasurer for expenses
393	393	4 incurred by the State's Attorney.
394	394	5 (3) The State Appellate Defender shall request a
395	395	6 direct appropriation from the Trust Fund for expenses
396	396	7 incurred by the State Appellate Defender in providing
397	397	8 assistance to trial attorneys under item (c)(5.1) of
398	398	9 Section 10 of the State Appellate Defender Act and for
399	399	10 expenses incurred by the State Appellate Defender in
400	400	11 representing petitioners in capital cases in
401	401	12 post-conviction proceedings under Article 122 of the Code
402	402	13 of Criminal Procedure of 1963 and in relation to petitions
403	403	14 filed under Section 2-1401 of the Code of Civil Procedure
404	404	15 in relation to capital cases and for the representation of
405	405	16 those petitioners by attorneys approved by or contracted
406	406	17 with the State Appellate Defender and an appropriation to
407	407	18 the State Treasurer for payments from the Trust Fund for
408	408	19 the defense of cases in counties other than Cook County.
409	409	20 (4) The State's Attorneys Appellate Prosecutor shall
410	410	21 request a direct appropriation from the Trust Fund to pay
411	411	22 expenses incurred by the State's Attorneys Appellate
412	412	23 Prosecutor and an appropriation to the State Treasurer for
413	413	24 payments from the Trust Fund for expenses incurred by
414	414	25 State's Attorneys in counties other than Cook County.
415	415	26 (5) The Attorney General shall request a direct
416	416
417	417
418	418
419	419
420	420
421	421	SB2151 - 11 - LRB103 25244 RLC 57272 b
422	422
423	423
424	424	SB2151- 12 -LRB103 25244 RLC 57272 b SB2151 - 12 - LRB103 25244 RLC 57272 b
425	425	SB2151 - 12 - LRB103 25244 RLC 57272 b
426	426	1 appropriation from the Trust Fund to pay expenses incurred
427	427	2 by the Attorney General in assisting the State's Attorneys
428	428	3 in counties other than Cook County and to pay for expenses
429	429	4 incurred by the Attorney General when the Attorney General
430	430	5 is ordered by the presiding judge of the Criminal Division
431	431	6 of the Circuit Court of Cook County to prosecute or
432	432	7 supervise the prosecution of Cook County cases and for
433	433	8 expenses incurred by the Attorney General in representing
434	434	9 the State in post-conviction proceedings in capital cases
435	435	10 under Article 122 of the Code of Criminal Procedure of
436	436	11 1963 and in relation to petitions filed under Section
437	437	12 2-1401 of the Code of Civil Procedure in relation to
438	438	13 capital cases. The Public Defender and State's Attorney in
439	439	14 Cook County, the State Appellate Defender, the State's
440	440	15 Attorneys Appellate Prosecutor, and the Attorney General
441	441	16 may each request supplemental appropriations from the
442	442	17 Trust Fund during the fiscal year.
443	443	18 (e) Moneys in the Trust Fund shall be expended only as
444	444	19 follows:
445	445	20 (1) To pay the State Treasurer's costs to administer
446	446	21 the Trust Fund. The amount for this purpose may not exceed
447	447	22 5% in any one fiscal year of the amount otherwise
448	448	23 appropriated from the Trust Fund in the same fiscal year.
449	449	24 (2) To pay the capital litigation expenses of trial
450	450	25 defense and post-conviction proceedings in capital cases
451	451	26 under Article 122 of the Code of Criminal Procedure of
452	452
453	453
454	454
455	455
456	456
457	457	SB2151 - 12 - LRB103 25244 RLC 57272 b
458	458
459	459
460	460	SB2151- 13 -LRB103 25244 RLC 57272 b SB2151 - 13 - LRB103 25244 RLC 57272 b
461	461	SB2151 - 13 - LRB103 25244 RLC 57272 b
462	462	1 1963 and in relation to petitions filed under Section
463	463	2 2-1401 of the Code of Civil Procedure in relation to
464	464	3 capital cases including, but not limited to, DNA testing,
465	465	4 including DNA testing under Section 116-3 of the Code of
466	466	5 Criminal Procedure of 1963, analysis, and expert
467	467	6 testimony, investigatory and other assistance, expert,
468	468	7 forensic, and other witnesses, and mitigation specialists,
469	469	8 and grants and aid provided to public defenders, appellate
470	470	9 defenders, and any attorney approved by or contracted with
471	471	10 the State Appellate Defender representing petitioners in
472	472	11 post-conviction proceedings in capital cases under Article
473	473	12 122 of the Code of Criminal Procedure of 1963 and in
474	474	13 relation to petitions filed under Section 2-1401 of the
475	475	14 Code of Civil Procedure in relation to capital cases or
476	476	15 assistance to attorneys who have been appointed by the
477	477	16 court to represent defendants who are charged with capital
478	478	17 crimes. Reasonable and necessary capital litigation
479	479	18 expenses include travel and per diem (lodging, meals, and
480	480	19 incidental expenses).
481	481	20 (3) To pay the compensation of trial attorneys, other
482	482	21 than public defenders or appellate defenders, who have
483	483	22 been appointed by the court to represent defendants who
484	484	23 are charged with capital crimes or attorneys approved by
485	485	24 or contracted with the State Appellate Defender to
486	486	25 represent petitioners in post-conviction proceedings in
487	487	26 capital cases under Article 122 of the Code of Criminal
488	488
489	489
490	490
491	491
492	492
493	493	SB2151 - 13 - LRB103 25244 RLC 57272 b
494	494
495	495
496	496	SB2151- 14 -LRB103 25244 RLC 57272 b SB2151 - 14 - LRB103 25244 RLC 57272 b
497	497	SB2151 - 14 - LRB103 25244 RLC 57272 b
498	498	1 Procedure of 1963 and in relation to petitions filed under
499	499	2 Section 2-1401 of the Code of Civil Procedure in relation
500	500	3 to capital cases.
501	501	4 (4) To provide State's Attorneys with funding for
502	502	5 capital litigation expenses and for expenses of
503	503	6 representing the State in post-conviction proceedings in
504	504	7 capital cases under Article 122 of the Code of Criminal
505	505	8 Procedure of 1963 and in relation to petitions filed under
506	506	9 Section 2-1401 of the Code of Civil Procedure in relation
507	507	10 to capital cases including, but not limited to,
508	508	11 investigatory and other assistance and expert, forensic,
509	509	12 and other witnesses necessary to prosecute capital cases.
510	510	13 State's Attorneys in any county other than Cook County
511	511	14 seeking funding for capital litigation expenses and for
512	512	15 expenses of representing the State in post-conviction
513	513	16 proceedings in capital cases under Article 122 of the Code
514	514	17 of Criminal Procedure of 1963 and in relation to petitions
515	515	18 filed under Section 2-1401 of the Code of Civil Procedure
516	516	19 in relation to capital cases including, but not limited
517	517	20 to, investigatory and other assistance and expert,
518	518	21 forensic, or other witnesses under this Section may
519	519	22 request that the State's Attorneys Appellate Prosecutor or
520	520	23 the Attorney General, as the case may be, certify the
521	521	24 expenses as reasonable, necessary, and appropriate for
522	522	25 payment from the Trust Fund, on a form created by the State
523	523	26 Treasurer. Upon certification of the expenses and delivery
524	524
525	525
526	526
527	527
528	528
529	529	SB2151 - 14 - LRB103 25244 RLC 57272 b
530	530
531	531
532	532	SB2151- 15 -LRB103 25244 RLC 57272 b SB2151 - 15 - LRB103 25244 RLC 57272 b
533	533	SB2151 - 15 - LRB103 25244 RLC 57272 b
534	534	1 of the certification to the State Treasurer, the Treasurer
535	535	2 shall pay the expenses directly from the Capital
536	536	3 Litigation Trust Fund if there are sufficient moneys in
537	537	4 the Trust Fund to pay the expenses.
538	538	5 (5) To provide financial support through the Attorney
539	539	6 General under the Attorney General Act for the several
540	540	7 county State's Attorneys outside of Cook County, but shall
541	541	8 not be used to increase personnel for the Attorney
542	542	9 General's Office, except when the Attorney General is
543	543	10 ordered by the presiding judge of the Criminal Division of
544	544	11 the Circuit Court of Cook County to prosecute or supervise
545	545	12 the prosecution of Cook County cases.
546	546	13 (6) To provide financial support through the State's
547	547	14 Attorneys Appellate Prosecutor under the State's Attorneys
548	548	15 Appellate Prosecutor's Act for the several county State's
549	549	16 Attorneys outside of Cook County, but shall not be used to
550	550	17 increase personnel for the State's Attorneys Appellate
551	551	18 Prosecutor.
552	552	19 (7) To provide financial support to the State
553	553	20 Appellate Defender under the State Appellate Defender Act.
554	554	21 Moneys expended from the Trust Fund shall be in addition
555	555	22 to county funding for Public Defenders and State's
556	556	23 Attorneys, and shall not be used to supplant or reduce
557	557	24 ordinary and customary county funding.
558	558	25 (f) Moneys in the Trust Fund shall be appropriated to the
559	559	26 State Appellate Defender, the State's Attorneys Appellate
560	560
561	561
562	562
563	563
564	564
565	565	SB2151 - 15 - LRB103 25244 RLC 57272 b
566	566
567	567
568	568	SB2151- 16 -LRB103 25244 RLC 57272 b SB2151 - 16 - LRB103 25244 RLC 57272 b
569	569	SB2151 - 16 - LRB103 25244 RLC 57272 b
570	570	1 Prosecutor, the Attorney General, and the State Treasurer. The
571	571	2 State Appellate Defender shall receive an appropriation from
572	572	3 the Trust Fund to enable it to provide assistance to appointed
573	573	4 defense counsel and attorneys approved by or contracted with
574	574	5 the State Appellate Defender to represent petitioners in
575	575	6 post-conviction proceedings in capital cases under Article 122
576	576	7 of the Code of Criminal Procedure of 1963 and in relation to
577	577	8 petitions filed under Section 2-1401 of the Code of Civil
578	578	9 Procedure in relation to capital cases throughout the State
579	579	10 and to Public Defenders in counties other than Cook. The
580	580	11 State's Attorneys Appellate Prosecutor and the Attorney
581	581	12 General shall receive appropriations from the Trust Fund to
582	582	13 enable them to provide assistance to State's Attorneys in
583	583	14 counties other than Cook County and when the Attorney General
584	584	15 is ordered by the presiding judge of the Criminal Division of
585	585	16 the Circuit Court of Cook County to prosecute or supervise the
586	586	17 prosecution of Cook County cases. Moneys shall be appropriated
587	587	18 to the State Treasurer to enable the Treasurer: (i) to make
588	588	19 grants to Cook County; (ii) to pay the expenses of Public
589	589	20 Defenders, the State Appellate Defender, the Attorney General,
590	590	21 the Office of the State's Attorneys Appellate Prosecutor, and
591	591	22 State's Attorneys in counties other than Cook County; (iii) to
592	592	23 pay the expenses and compensation of appointed defense counsel
593	593	24 and attorneys approved by or contracted with the State
594	594	25 Appellate Defender to represent petitioners in post-conviction
595	595	26 proceedings in capital cases under Article 122 of the Code of
596	596
597	597
598	598
599	599
600	600
601	601	SB2151 - 16 - LRB103 25244 RLC 57272 b
602	602
603	603
604	604	SB2151- 17 -LRB103 25244 RLC 57272 b SB2151 - 17 - LRB103 25244 RLC 57272 b
605	605	SB2151 - 17 - LRB103 25244 RLC 57272 b
606	606	1 Criminal Procedure of 1963 and in relation to petitions filed
607	607	2 under Section 2-1401 of the Code of Civil Procedure in
608	608	3 relation to capital cases in counties other than Cook County;
609	609	4 and (iv) to pay the costs of administering the Trust Fund. All
610	610	5 expenditures and grants made from the Trust Fund shall be
611	611	6 subject to audit by the Auditor General.
612	612	7 (g) For Cook County, grants from the Trust Fund shall be
613	613	8 made and administered as follows:
614	614	9 (1) For each State fiscal year, the State's Attorney
615	615	10 and Public Defender must each make a separate application
616	616	11 to the State Treasurer for capital litigation grants.
617	617	12 (2) The State Treasurer shall establish rules and
618	618	13 procedures for grant applications. The rules shall require
619	619	14 the Cook County Treasurer as the grant recipient to report
620	620	15 on a periodic basis to the State Treasurer how much of the
621	621	16 grant has been expended, how much of the grant is
622	622	17 remaining, and the purposes for which the grant has been
623	623	18 used. The rules may also require the Cook County Treasurer
624	624	19 to certify on a periodic basis that expenditures of the
625	625	20 funds have been made for expenses that are reasonable,
626	626	21 necessary, and appropriate for payment from the Trust
627	627	22 Fund.
628	628	23 (3) The State Treasurer shall make the grants to the
629	629	24 Cook County Treasurer as soon as possible after the
630	630	25 beginning of the State fiscal year.
631	631	26 (4) The State's Attorney or Public Defender may apply
632	632
633	633
634	634
635	635
636	636
637	637	SB2151 - 17 - LRB103 25244 RLC 57272 b
638	638
639	639
640	640	SB2151- 18 -LRB103 25244 RLC 57272 b SB2151 - 18 - LRB103 25244 RLC 57272 b
641	641	SB2151 - 18 - LRB103 25244 RLC 57272 b
642	642	1 for supplemental grants during the fiscal year.
643	643	2 (5) Grant moneys shall be paid to the Cook County
644	644	3 Treasurer in block grants and held in separate accounts
645	645	4 for the State's Attorney, the Public Defender, and court
646	646	5 appointed defense counsel other than the Cook County
647	647	6 Public Defender, respectively, for the designated fiscal
648	648	7 year, and are not subject to county appropriation.
649	649	8 (6) Expenditure of grant moneys under this subsection
650	650	9 (g) is subject to audit by the Auditor General.
651	651	10 (7) The Cook County Treasurer shall immediately make
652	652	11 payment from the appropriate separate account in the
653	653	12 county treasury for capital litigation expenses to the
654	654	13 State's Attorney, Public Defender, or court appointed
655	655	14 defense counsel other than the Public Defender, as the
656	656	15 case may be, upon order of the State's Attorney, Public
657	657	16 Defender or the court, respectively.
658	658	17 (h) If a defendant in a capital case in Cook County is
659	659	18 represented by court appointed counsel other than the Cook
660	660	19 County Public Defender, the appointed counsel shall petition
661	661	20 the court for an order directing the Cook County Treasurer to
662	662	21 pay the court appointed counsel's reasonable and necessary
663	663	22 compensation and capital litigation expenses from grant moneys
664	664	23 provided from the Trust Fund. The petitions shall be supported
665	665	24 by itemized bills showing the date, the amount of time spent,
666	666	25 the work done, and the total being charged for each entry. The
667	667	26 court shall not authorize payment of bills that are not
668	668
669	669
670	670
671	671
672	672
673	673	SB2151 - 18 - LRB103 25244 RLC 57272 b
674	674
675	675
676	676	SB2151- 19 -LRB103 25244 RLC 57272 b SB2151 - 19 - LRB103 25244 RLC 57272 b
677	677	SB2151 - 19 - LRB103 25244 RLC 57272 b
678	678	1 properly itemized. The petitions shall be filed under seal and
679	679	2 considered ex parte but with a court reporter present for all
680	680	3 ex parte conferences. The petitions shall be reviewed by both
681	681	4 the trial judge and the presiding judge of the circuit court or
682	682	5 the presiding judge's designee. The petitions and orders shall
683	683	6 be kept under seal and shall be exempt from Freedom of
684	684	7 Information requests until the conclusion of the trial and
685	685	8 appeal of the case, even if the prosecution chooses not to
686	686	9 pursue the death penalty prior to trial or sentencing. Orders
687	687	10 denying petitions for compensation or expenses are final.
688	688	11 Counsel may not petition for expenses that may have been
689	689	12 provided or compensated by the State Appellate Defender under
690	690	13 item (c)(5.1) of Section 10 of the State Appellate Defender
691	691	14 Act.
692	692	15 (i) In counties other than Cook County, and when the
693	693	16 Attorney General is ordered by the presiding judge of the
694	694	17 Criminal Division of the Circuit Court of Cook County to
695	695	18 prosecute or supervise the prosecution of Cook County cases,
696	696	19 and excluding capital litigation expenses or services that may
697	697	20 have been provided by the State Appellate Defender under item
698	698	21 (c)(5.1) of Section 10 of the State Appellate Defender Act:
699	699	22 (1) Upon certification by the circuit court, on a form
700	700	23 created by the State Treasurer, that all or a portion of
701	701	24 the expenses are reasonable, necessary, and appropriate
702	702	25 for payment from the Trust Fund and the court's delivery
703	703	26 of the certification to the Treasurer, the Treasurer shall
704	704
705	705
706	706
707	707
708	708
709	709	SB2151 - 19 - LRB103 25244 RLC 57272 b
710	710
711	711
712	712	SB2151- 20 -LRB103 25244 RLC 57272 b SB2151 - 20 - LRB103 25244 RLC 57272 b
713	713	SB2151 - 20 - LRB103 25244 RLC 57272 b
714	714	1 pay the certified expenses of Public Defenders and the
715	715	2 State Appellate Defender from the money appropriated to
716	716	3 the Treasurer for capital litigation expenses of Public
717	717	4 Defenders and post-conviction proceeding expenses in
718	718	5 capital cases of the State Appellate Defender and expenses
719	719	6 in relation to petitions filed under Section 2-1401 of the
720	720	7 Code of Civil Procedure in relation to capital cases in
721	721	8 any county other than Cook County, if there are sufficient
722	722	9 moneys in the Trust Fund to pay the expenses.
723	723	10 (2) If a defendant in a capital case is represented by
724	724	11 court appointed counsel other than the Public Defender,
725	725	12 the appointed counsel shall petition the court to certify
726	726	13 compensation and capital litigation expenses including,
727	727	14 but not limited to, investigatory and other assistance,
728	728	15 expert, forensic, and other witnesses, and mitigation
729	729	16 specialists as reasonable, necessary, and appropriate for
730	730	17 payment from the Trust Fund. If a petitioner in a capital
731	731	18 case who has filed a petition for post-conviction relief
732	732	19 under Article 122 of the Code of Criminal Procedure of
733	733	20 1963 or a petition under Section 2-1401 of the Code of
734	734	21 Civil Procedure in relation to capital cases is
735	735	22 represented by an attorney approved by or contracted with
736	736	23 the State Appellate Defender other than the State
737	737	24 Appellate Defender, that attorney shall petition the court
738	738	25 to certify compensation and litigation expenses of
739	739	26 post-conviction proceedings under Article 122 of the Code
740	740
741	741
742	742
743	743
744	744
745	745	SB2151 - 20 - LRB103 25244 RLC 57272 b
746	746
747	747
748	748	SB2151- 21 -LRB103 25244 RLC 57272 b SB2151 - 21 - LRB103 25244 RLC 57272 b
749	749	SB2151 - 21 - LRB103 25244 RLC 57272 b
750	750	1 of Criminal Procedure of 1963 or in relation to petitions
751	751	2 filed under Section 2-1401 of the Code of Civil Procedure
752	752	3 in relation to capital cases. Upon certification on a form
753	753	4 created by the State Treasurer of all or a portion of the
754	754	5 compensation and expenses certified as reasonable,
755	755	6 necessary, and appropriate for payment from the Trust Fund
756	756	7 and the court's delivery of the certification to the
757	757	8 Treasurer, the State Treasurer shall pay the certified
758	758	9 compensation and expenses from the money appropriated to
759	759	10 the Treasurer for that purpose, if there are sufficient
760	760	11 moneys in the Trust Fund to make those payments.
761	761	12 (3) A petition for capital litigation expenses or
762	762	13 post-conviction proceeding expenses or expenses incurred
763	763	14 in filing a petition under Section 2-1401 of the Code of
764	764	15 Civil Procedure in relation to capital cases under this
765	765	16 subsection shall be considered under seal and reviewed ex
766	766	17 parte with a court reporter present. Orders denying
767	767	18 petitions for compensation or expenses are final.
768	768	19 (j) If the Trust Fund is discontinued or dissolved by an
769	769	20 Act of the General Assembly or by operation of law, any balance
770	770	21 remaining in the Trust Fund shall be returned to the General
771	771	22 Revenue Fund after deduction of administrative costs, any
772	772	23 other provision of this Act to the contrary notwithstanding.
773	773	24 Section 90. The Freedom of Information Act is amended by
774	774	25 changing Section 7.5 as follows:
775	775
776	776
777	777
778	778
779	779
780	780	SB2151 - 21 - LRB103 25244 RLC 57272 b
781	781
782	782
783	783	SB2151- 22 -LRB103 25244 RLC 57272 b SB2151 - 22 - LRB103 25244 RLC 57272 b
784	784	SB2151 - 22 - LRB103 25244 RLC 57272 b
785	785	1 (5 ILCS 140/7.5)
786	786	2 Sec. 7.5. Statutory exemptions. To the extent provided for
787	787	3 by the statutes referenced below, the following shall be
788	788	4 exempt from inspection and copying:
789	789	5 (a) All information determined to be confidential
790	790	6 under Section 4002 of the Technology Advancement and
791	791	7 Development Act.
792	792	8 (b) Library circulation and order records identifying
793	793	9 library users with specific materials under the Library
794	794	10 Records Confidentiality Act.
795	795	11 (c) Applications, related documents, and medical
796	796	12 records received by the Experimental Organ Transplantation
797	797	13 Procedures Board and any and all documents or other
798	798	14 records prepared by the Experimental Organ Transplantation
799	799	15 Procedures Board or its staff relating to applications it
800	800	16 has received.
801	801	17 (d) Information and records held by the Department of
802	802	18 Public Health and its authorized representatives relating
803	803	19 to known or suspected cases of sexually transmissible
804	804	20 disease or any information the disclosure of which is
805	805	21 restricted under the Illinois Sexually Transmissible
806	806	22 Disease Control Act.
807	807	23 (e) Information the disclosure of which is exempted
808	808	24 under Section 30 of the Radon Industry Licensing Act.
809	809	25 (f) Firm performance evaluations under Section 55 of
810	810
811	811
812	812
813	813
814	814
815	815	SB2151 - 22 - LRB103 25244 RLC 57272 b
816	816
817	817
818	818	SB2151- 23 -LRB103 25244 RLC 57272 b SB2151 - 23 - LRB103 25244 RLC 57272 b
819	819	SB2151 - 23 - LRB103 25244 RLC 57272 b
820	820	1 the Architectural, Engineering, and Land Surveying
821	821	2 Qualifications Based Selection Act.
822	822	3 (g) Information the disclosure of which is restricted
823	823	4 and exempted under Section 50 of the Illinois Prepaid
824	824	5 Tuition Act.
825	825	6 (h) Information the disclosure of which is exempted
826	826	7 under the State Officials and Employees Ethics Act, and
827	827	8 records of any lawfully created State or local inspector
828	828	9 general's office that would be exempt if created or
829	829	10 obtained by an Executive Inspector General's office under
830	830	11 that Act.
831	831	12 (i) Information contained in a local emergency energy
832	832	13 plan submitted to a municipality in accordance with a
833	833	14 local emergency energy plan ordinance that is adopted
834	834	15 under Section 11-21.5-5 of the Illinois Municipal Code.
835	835	16 (j) Information and data concerning the distribution
836	836	17 of surcharge moneys collected and remitted by carriers
837	837	18 under the Emergency Telephone System Act.
838	838	19 (k) Law enforcement officer identification information
839	839	20 or driver identification information compiled by a law
840	840	21 enforcement agency or the Department of Transportation
841	841	22 under Section 11-212 of the Illinois Vehicle Code.
842	842	23 (l) Records and information provided to a residential
843	843	24 health care facility resident sexual assault and death
844	844	25 review team or the Executive Council under the Abuse
845	845	26 Prevention Review Team Act.
846	846
847	847
848	848
849	849
850	850
851	851	SB2151 - 23 - LRB103 25244 RLC 57272 b
852	852
853	853
854	854	SB2151- 24 -LRB103 25244 RLC 57272 b SB2151 - 24 - LRB103 25244 RLC 57272 b
855	855	SB2151 - 24 - LRB103 25244 RLC 57272 b
856	856	1 (m) Information provided to the predatory lending
857	857	2 database created pursuant to Article 3 of the Residential
858	858	3 Real Property Disclosure Act, except to the extent
859	859	4 authorized under that Article.
860	860	5 (n) Defense budgets and petitions for certification of
861	861	6 compensation and expenses for court appointed trial
862	862	7 counsel as provided under Sections 10 and 15 of the
863	863	8 Capital Crimes Litigation Act or the Capital Crimes
864	864	9 Litigation Act of 2023. This subsection (n) shall apply
865	865	10 until the conclusion of the trial of the case, even if the
866	866	11 prosecution chooses not to pursue the death penalty prior
867	867	12 to trial or sentencing.
868	868	13 (o) Information that is prohibited from being
869	869	14 disclosed under Section 4 of the Illinois Health and
870	870	15 Hazardous Substances Registry Act.
871	871	16 (p) Security portions of system safety program plans,
872	872	17 investigation reports, surveys, schedules, lists, data, or
873	873	18 information compiled, collected, or prepared by or for the
874	874	19 Department of Transportation under Sections 2705-300 and
875	875	20 2705-616 of the Department of Transportation Law of the
876	876	21 Civil Administrative Code of Illinois, the Regional
877	877	22 Transportation Authority under Section 2.11 of the
878	878	23 Regional Transportation Authority Act, or the St. Clair
879	879	24 County Transit District under the Bi-State Transit Safety
880	880	25 Act.
881	881	26 (q) Information prohibited from being disclosed by the
882	882
883	883
884	884
885	885
886	886
887	887	SB2151 - 24 - LRB103 25244 RLC 57272 b
888	888
889	889
890	890	SB2151- 25 -LRB103 25244 RLC 57272 b SB2151 - 25 - LRB103 25244 RLC 57272 b
891	891	SB2151 - 25 - LRB103 25244 RLC 57272 b
892	892	1 Personnel Record Review Act.
893	893	2 (r) Information prohibited from being disclosed by the
894	894	3 Illinois School Student Records Act.
895	895	4 (s) Information the disclosure of which is restricted
896	896	5 under Section 5-108 of the Public Utilities Act.
897	897	6 (t) All identified or deidentified health information
898	898	7 in the form of health data or medical records contained
899	899	8 in, stored in, submitted to, transferred by, or released
900	900	9 from the Illinois Health Information Exchange, and
901	901	10 identified or deidentified health information in the form
902	902	11 of health data and medical records of the Illinois Health
903	903	12 Information Exchange in the possession of the Illinois
904	904	13 Health Information Exchange Office due to its
905	905	14 administration of the Illinois Health Information
906	906	15 Exchange. The terms "identified" and "deidentified" shall
907	907	16 be given the same meaning as in the Health Insurance
908	908	17 Portability and Accountability Act of 1996, Public Law
909	909	18 104-191, or any subsequent amendments thereto, and any
910	910	19 regulations promulgated thereunder.
911	911	20 (u) Records and information provided to an independent
912	912	21 team of experts under the Developmental Disability and
913	913	22 Mental Health Safety Act (also known as Brian's Law).
914	914	23 (v) Names and information of people who have applied
915	915	24 for or received Firearm Owner's Identification Cards under
916	916	25 the Firearm Owners Identification Card Act or applied for
917	917	26 or received a concealed carry license under the Firearm
918	918
919	919
920	920
921	921
922	922
923	923	SB2151 - 25 - LRB103 25244 RLC 57272 b
924	924
925	925
926	926	SB2151- 26 -LRB103 25244 RLC 57272 b SB2151 - 26 - LRB103 25244 RLC 57272 b
927	927	SB2151 - 26 - LRB103 25244 RLC 57272 b
928	928	1 Concealed Carry Act, unless otherwise authorized by the
929	929	2 Firearm Concealed Carry Act; and databases under the
930	930	3 Firearm Concealed Carry Act, records of the Concealed
931	931	4 Carry Licensing Review Board under the Firearm Concealed
932	932	5 Carry Act, and law enforcement agency objections under the
933	933	6 Firearm Concealed Carry Act.
934	934	7 (v-5) Records of the Firearm Owner's Identification
935	935	8 Card Review Board that are exempted from disclosure under
936	936	9 Section 10 of the Firearm Owners Identification Card Act.
937	937	10 (w) Personally identifiable information which is
938	938	11 exempted from disclosure under subsection (g) of Section
939	939	12 19.1 of the Toll Highway Act.
940	940	13 (x) Information which is exempted from disclosure
941	941	14 under Section 5-1014.3 of the Counties Code or Section
942	942	15 8-11-21 of the Illinois Municipal Code.
943	943	16 (y) Confidential information under the Adult
944	944	17 Protective Services Act and its predecessor enabling
945	945	18 statute, the Elder Abuse and Neglect Act, including
946	946	19 information about the identity and administrative finding
947	947	20 against any caregiver of a verified and substantiated
948	948	21 decision of abuse, neglect, or financial exploitation of
949	949	22 an eligible adult maintained in the Registry established
950	950	23 under Section 7.5 of the Adult Protective Services Act.
951	951	24 (z) Records and information provided to a fatality
952	952	25 review team or the Illinois Fatality Review Team Advisory
953	953	26 Council under Section 15 of the Adult Protective Services
954	954
955	955
956	956
957	957
958	958
959	959	SB2151 - 26 - LRB103 25244 RLC 57272 b
960	960
961	961
962	962	SB2151- 27 -LRB103 25244 RLC 57272 b SB2151 - 27 - LRB103 25244 RLC 57272 b
963	963	SB2151 - 27 - LRB103 25244 RLC 57272 b
964	964	1 Act.
965	965	2 (aa) Information which is exempted from disclosure
966	966	3 under Section 2.37 of the Wildlife Code.
967	967	4 (bb) Information which is or was prohibited from
968	968	5 disclosure by the Juvenile Court Act of 1987.
969	969	6 (cc) Recordings made under the Law Enforcement
970	970	7 Officer-Worn Body Camera Act, except to the extent
971	971	8 authorized under that Act.
972	972	9 (dd) Information that is prohibited from being
973	973	10 disclosed under Section 45 of the Condominium and Common
974	974	11 Interest Community Ombudsperson Act.
975	975	12 (ee) Information that is exempted from disclosure
976	976	13 under Section 30.1 of the Pharmacy Practice Act.
977	977	14 (ff) Information that is exempted from disclosure
978	978	15 under the Revised Uniform Unclaimed Property Act.
979	979	16 (gg) Information that is prohibited from being
980	980	17 disclosed under Section 7-603.5 of the Illinois Vehicle
981	981	18 Code.
982	982	19 (hh) Records that are exempt from disclosure under
983	983	20 Section 1A-16.7 of the Election Code.
984	984	21 (ii) Information which is exempted from disclosure
985	985	22 under Section 2505-800 of the Department of Revenue Law of
986	986	23 the Civil Administrative Code of Illinois.
987	987	24 (jj) Information and reports that are required to be
988	988	25 submitted to the Department of Labor by registering day
989	989	26 and temporary labor service agencies but are exempt from
990	990
991	991
992	992
993	993
994	994
995	995	SB2151 - 27 - LRB103 25244 RLC 57272 b
996	996
997	997
998	998	SB2151- 28 -LRB103 25244 RLC 57272 b SB2151 - 28 - LRB103 25244 RLC 57272 b
999	999	SB2151 - 28 - LRB103 25244 RLC 57272 b
1000	1000	1 disclosure under subsection (a-1) of Section 45 of the Day
1001	1001	2 and Temporary Labor Services Act.
1002	1002	3 (kk) Information prohibited from disclosure under the
1003	1003	4 Seizure and Forfeiture Reporting Act.
1004	1004	5 (ll) Information the disclosure of which is restricted
1005	1005	6 and exempted under Section 5-30.8 of the Illinois Public
1006	1006	7 Aid Code.
1007	1007	8 (mm) Records that are exempt from disclosure under
1008	1008	9 Section 4.2 of the Crime Victims Compensation Act.
1009	1009	10 (nn) Information that is exempt from disclosure under
1010	1010	11 Section 70 of the Higher Education Student Assistance Act.
1011	1011	12 (oo) Communications, notes, records, and reports
1012	1012	13 arising out of a peer support counseling session
1013	1013	14 prohibited from disclosure under the First Responders
1014	1014	15 Suicide Prevention Act.
1015	1015	16 (pp) Names and all identifying information relating to
1016	1016	17 an employee of an emergency services provider or law
1017	1017	18 enforcement agency under the First Responders Suicide
1018	1018	19 Prevention Act.
1019	1019	20 (qq) Information and records held by the Department of
1020	1020	21 Public Health and its authorized representatives collected
1021	1021	22 under the Reproductive Health Act.
1022	1022	23 (rr) Information that is exempt from disclosure under
1023	1023	24 the Cannabis Regulation and Tax Act.
1024	1024	25 (ss) Data reported by an employer to the Department of
1025	1025	26 Human Rights pursuant to Section 2-108 of the Illinois
1026	1026
1027	1027
1028	1028
1029	1029
1030	1030
1031	1031	SB2151 - 28 - LRB103 25244 RLC 57272 b
1032	1032
1033	1033
1034	1034	SB2151- 29 -LRB103 25244 RLC 57272 b SB2151 - 29 - LRB103 25244 RLC 57272 b
1035	1035	SB2151 - 29 - LRB103 25244 RLC 57272 b
1036	1036	1 Human Rights Act.
1037	1037	2 (tt) Recordings made under the Children's Advocacy
1038	1038	3 Center Act, except to the extent authorized under that
1039	1039	4 Act.
1040	1040	5 (uu) Information that is exempt from disclosure under
1041	1041	6 Section 50 of the Sexual Assault Evidence Submission Act.
1042	1042	7 (vv) Information that is exempt from disclosure under
1043	1043	8 subsections (f) and (j) of Section 5-36 of the Illinois
1044	1044	9 Public Aid Code.
1045	1045	10 (ww) Information that is exempt from disclosure under
1046	1046	11 Section 16.8 of the State Treasurer Act.
1047	1047	12 (xx) Information that is exempt from disclosure or
1048	1048	13 information that shall not be made public under the
1049	1049	14 Illinois Insurance Code.
1050	1050	15 (yy) Information prohibited from being disclosed under
1051	1051	16 the Illinois Educational Labor Relations Act.
1052	1052	17 (zz) Information prohibited from being disclosed under
1053	1053	18 the Illinois Public Labor Relations Act.
1054	1054	19 (aaa) Information prohibited from being disclosed
1055	1055	20 under Section 1-167 of the Illinois Pension Code.
1056	1056	21 (bbb) Information that is prohibited from disclosure
1057	1057	22 by the Illinois Police Training Act and the Illinois State
1058	1058	23 Police Act.
1059	1059	24 (ccc) Records exempt from disclosure under Section
1060	1060	25 2605-304 of the Illinois State Police Law of the Civil
1061	1061	26 Administrative Code of Illinois.
1062	1062
1063	1063
1064	1064
1065	1065
1066	1066
1067	1067	SB2151 - 29 - LRB103 25244 RLC 57272 b
1068	1068
1069	1069
1070	1070	SB2151- 30 -LRB103 25244 RLC 57272 b SB2151 - 30 - LRB103 25244 RLC 57272 b
1071	1071	SB2151 - 30 - LRB103 25244 RLC 57272 b
1072	1072	1 (ddd) Information prohibited from being disclosed
1073	1073	2 under Section 35 of the Address Confidentiality for
1074	1074	3 Victims of Domestic Violence, Sexual Assault, Human
1075	1075	4 Trafficking, or Stalking Act.
1076	1076	5 (eee) Information prohibited from being disclosed
1077	1077	6 under subsection (b) of Section 75 of the Domestic
1078	1078	7 Violence Fatality Review Act.
1079	1079	8 (fff) Images from cameras under the Expressway Camera
1080	1080	9 Act. This subsection (fff) is inoperative on and after
1081	1081	10 July 1, 2023.
1082	1082	11 (ggg) Information prohibited from disclosure under
1083	1083	12 paragraph (3) of subsection (a) of Section 14 of the Nurse
1084	1084	13 Agency Licensing Act.
1085	1085	14 (hhh) Information submitted to the Department of State
1086	1086	15 Police in an affidavit or application for an assault
1087	1087	16 weapon endorsement, assault weapon attachment endorsement,
1088	1088	17 .50 caliber rifle endorsement, or .50 caliber cartridge
1089	1089	18 endorsement under the Firearm Owners Identification Card
1090	1090	19 Act.
1091	1091	20 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
1092	1092	21 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1093	1093	22 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
1094	1094	23 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
1095	1095	24 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1096	1096	25 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
1097	1097	26 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
1098	1098
1099	1099
1100	1100
1101	1101
1102	1102
1103	1103	SB2151 - 30 - LRB103 25244 RLC 57272 b
1104	1104
1105	1105
1106	1106	SB2151- 31 -LRB103 25244 RLC 57272 b SB2151 - 31 - LRB103 25244 RLC 57272 b
1107	1107	SB2151 - 31 - LRB103 25244 RLC 57272 b
1108	1108	1 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
1109	1109	2 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
1110	1110	3 Section 95. The State Finance Act is amended by adding
1111	1111	4 Section 5.990 as follows:
1112	1112	5 (30 ILCS 105/5.990 new)
1113	1113	6 Sec. 5.990. The Capital Litigation Trust Fund.
1114	1114	7 (30 ILCS 105/5.790 rep.)
1115	1115	8 Section 105. The State Finance Act is amended by repealing
1116	1116	9 Section 5.790.
1117	1117	10 Section 110. The Criminal Code of 2012 is amended by
1118	1118	11 changing Section 9-1 as follows:
1119	1119	12 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
1120	1120	13 Sec. 9-1. First degree murder; death penalties;
1121	1121	14 exceptions; separate hearings; proof; findings; appellate
1122	1122	15 procedures; reversals.
1123	1123	16 (a) A person who kills an individual without lawful
1124	1124	17 justification commits first degree murder if, in performing
1125	1125	18 the acts which cause the death:
1126	1126	19 (1) he or she either intends to kill or do great bodily
1127	1127	20 harm to that individual or another, or knows that such
1128	1128	21 acts will cause death to that individual or another; or
1129	1129
1130	1130
1131	1131
1132	1132
1133	1133
1134	1134	SB2151 - 31 - LRB103 25244 RLC 57272 b
1135	1135
1136	1136
1137	1137	SB2151- 32 -LRB103 25244 RLC 57272 b SB2151 - 32 - LRB103 25244 RLC 57272 b
1138	1138	SB2151 - 32 - LRB103 25244 RLC 57272 b
1139	1139	1 (2) he or she knows that such acts create a strong
1140	1140	2 probability of death or great bodily harm to that
1141	1141	3 individual or another; or
1142	1142	4 (3) he or she, acting alone or with one or more
1143	1143	5 participants, commits or attempts to commit a forcible
1144	1144	6 felony other than second degree murder, and in the course
1145	1145	7 of or in furtherance of such crime or flight therefrom, he
1146	1146	8 or she or another participant causes the death of a
1147	1147	9 person.
1148	1148	10 (b) Aggravating Factors. A defendant who at the time of
1149	1149	11 the commission of the offense has attained the age of 18 or
1150	1150	12 more and who has been found guilty of first degree murder may
1151	1151	13 be sentenced to death if:
1152	1152	14 (1) the murdered individual was a peace officer or
1153	1153	15 fireman killed in the course of performing his or her
1154	1154	16 official duties, to prevent the performance of his or her
1155	1155	17 official duties, or in retaliation for performing his or
1156	1156	18 her official duties, and the defendant knew or should have
1157	1157	19 known that the murdered individual was a peace officer or
1158	1158	20 fireman; or
1159	1159	21 (2) the murdered individual was an employee of an
1160	1160	22 institution or facility of the Department of Corrections,
1161	1161	23 or any similar local correctional agency, killed in the
1162	1162	24 course of performing his or her official duties, to
1163	1163	25 prevent the performance of his or her official duties, or
1164	1164	26 in retaliation for performing his or her official duties,
1165	1165
1166	1166
1167	1167
1168	1168
1169	1169
1170	1170	SB2151 - 32 - LRB103 25244 RLC 57272 b
1171	1171
1172	1172
1173	1173	SB2151- 33 -LRB103 25244 RLC 57272 b SB2151 - 33 - LRB103 25244 RLC 57272 b
1174	1174	SB2151 - 33 - LRB103 25244 RLC 57272 b
1175	1175	1 or the murdered individual was an inmate at such
1176	1176	2 institution or facility and was killed on the grounds
1177	1177	3 thereof, or the murdered individual was otherwise present
1178	1178	4 in such institution or facility with the knowledge and
1179	1179	5 approval of the chief administrative officer thereof; or
1180	1180	6 (3) (blank) the defendant has been convicted of
1181	1181	7 murdering two or more individuals under subsection (a) of
1182	1182	8 this Section or under any law of the United States or of
1183	1183	9 any state which is substantially similar to subsection (a)
1184	1184	10 of this Section regardless of whether the deaths occurred
1185	1185	11 as the result of the same act or of several related or
1186	1186	12 unrelated acts so long as the deaths were the result of
1187	1187	13 either an intent to kill more than one person or of
1188	1188	14 separate acts which the defendant knew would cause death
1189	1189	15 or create a strong probability of death or great bodily
1190	1190	16 harm to the murdered individual or another; or
1191	1191	17 (4) (blank) the murdered individual was killed as a
1192	1192	18 result of the hijacking of an airplane, train, ship, bus,
1193	1193	19 or other public conveyance; or
1194	1194	20 (5) (blank) the defendant committed the murder
1195	1195	21 pursuant to a contract, agreement, or understanding by
1196	1196	22 which he or she was to receive money or anything of value
1197	1197	23 in return for committing the murder or procured another to
1198	1198	24 commit the murder for money or anything of value; or
1199	1199	25 (6) (blank) the murdered individual was killed in the
1200	1200	26 course of another felony if:
1201	1201
1202	1202
1203	1203
1204	1204
1205	1205
1206	1206	SB2151 - 33 - LRB103 25244 RLC 57272 b
1207	1207
1208	1208
1209	1209	SB2151- 34 -LRB103 25244 RLC 57272 b SB2151 - 34 - LRB103 25244 RLC 57272 b
1210	1210	SB2151 - 34 - LRB103 25244 RLC 57272 b
1211	1211	1 (a) the murdered individual:
1212	1212	2 (i) was actually killed by the defendant, or
1213	1213	3 (ii) received physical injuries personally
1214	1214	4 inflicted by the defendant substantially
1215	1215	5 contemporaneously with physical injuries caused by
1216	1216	6 one or more persons for whose conduct the
1217	1217	7 defendant is legally accountable under Section 5-2
1218	1218	8 of this Code, and the physical injuries inflicted
1219	1219	9 by either the defendant or the other person or
1220	1220	10 persons for whose conduct he is legally
1221	1221	11 accountable caused the death of the murdered
1222	1222	12 individual; and
1223	1223	13 (b) in performing the acts which caused the death
1224	1224	14 of the murdered individual or which resulted in
1225	1225	15 physical injuries personally inflicted by the
1226	1226	16 defendant on the murdered individual under the
1227	1227	17 circumstances of subdivision (ii) of subparagraph (a)
1228	1228	18 of paragraph (6) of subsection (b) of this Section,
1229	1229	19 the defendant acted with the intent to kill the
1230	1230	20 murdered individual or with the knowledge that his
1231	1231	21 acts created a strong probability of death or great
1232	1232	22 bodily harm to the murdered individual or another; and
1233	1233	23 (c) the other felony was an inherently violent
1234	1234	24 crime or the attempt to commit an inherently violent
1235	1235	25 crime. In this subparagraph (c), "inherently violent
1236	1236	26 crime" includes, but is not limited to, armed robbery,
1237	1237
1238	1238
1239	1239
1240	1240
1241	1241
1242	1242	SB2151 - 34 - LRB103 25244 RLC 57272 b
1243	1243
1244	1244
1245	1245	SB2151- 35 -LRB103 25244 RLC 57272 b SB2151 - 35 - LRB103 25244 RLC 57272 b
1246	1246	SB2151 - 35 - LRB103 25244 RLC 57272 b
1247	1247	1 robbery, predatory criminal sexual assault of a child,
1248	1248	2 aggravated criminal sexual assault, aggravated
1249	1249	3 kidnapping, aggravated vehicular hijacking, aggravated
1250	1250	4 arson, aggravated stalking, residential burglary, and
1251	1251	5 home invasion; or
1252	1252	6 (7) (blank) the murdered individual was under 12 years
1253	1253	7 of age and the death resulted from exceptionally brutal or
1254	1254	8 heinous behavior indicative of wanton cruelty; or
1255	1255	9 (8) (blank) the defendant committed the murder with
1256	1256	10 intent to prevent the murdered individual from testifying
1257	1257	11 or participating in any criminal investigation or
1258	1258	12 prosecution or giving material assistance to the State in
1259	1259	13 any investigation or prosecution, either against the
1260	1260	14 defendant or another; or the defendant committed the
1261	1261	15 murder because the murdered individual was a witness in
1262	1262	16 any prosecution or gave material assistance to the State
1263	1263	17 in any investigation or prosecution, either against the
1264	1264	18 defendant or another; for purposes of this paragraph (8),
1265	1265	19 "participating in any criminal investigation or
1266	1266	20 prosecution" is intended to include those appearing in the
1267	1267	21 proceedings in any capacity such as trial judges,
1268	1268	22 prosecutors, defense attorneys, investigators, witnesses,
1269	1269	23 or jurors; or
1270	1270	24 (9) (blank) the defendant, while committing an offense
1271	1271	25 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
1272	1272	26 407 or 407.1 or subsection (b) of Section 404 of the
1273	1273
1274	1274
1275	1275
1276	1276
1277	1277
1278	1278	SB2151 - 35 - LRB103 25244 RLC 57272 b
1279	1279
1280	1280
1281	1281	SB2151- 36 -LRB103 25244 RLC 57272 b SB2151 - 36 - LRB103 25244 RLC 57272 b
1282	1282	SB2151 - 36 - LRB103 25244 RLC 57272 b
1283	1283	1 Illinois Controlled Substances Act, or while engaged in a
1284	1284	2 conspiracy or solicitation to commit such offense,
1285	1285	3 intentionally killed an individual or counseled,
1286	1286	4 commanded, induced, procured or caused the intentional
1287	1287	5 killing of the murdered individual; or
1288	1288	6 (10) (blank) the defendant was incarcerated in an
1289	1289	7 institution or facility of the Department of Corrections
1290	1290	8 at the time of the murder, and while committing an offense
1291	1291	9 punishable as a felony under Illinois law, or while
1292	1292	10 engaged in a conspiracy or solicitation to commit such
1293	1293	11 offense, intentionally killed an individual or counseled,
1294	1294	12 commanded, induced, procured or caused the intentional
1295	1295	13 killing of the murdered individual; or
1296	1296	14 (11) (blank) the murder was committed in a cold,
1297	1297	15 calculated and premeditated manner pursuant to a
1298	1298	16 preconceived plan, scheme or design to take a human life
1299	1299	17 by unlawful means, and the conduct of the defendant
1300	1300	18 created a reasonable expectation that the death of a human
1301	1301	19 being would result therefrom; or
1302	1302	20 (12) the murdered individual was an emergency medical
1303	1303	21 technician - ambulance, emergency medical technician -
1304	1304	22 intermediate, emergency medical technician - paramedic,
1305	1305	23 ambulance driver, or other medical assistance or first aid
1306	1306	24 personnel, employed by a municipality or other
1307	1307	25 governmental unit, killed in the course of performing his
1308	1308	26 official duties, to prevent the performance of his
1309	1309
1310	1310
1311	1311
1312	1312
1313	1313
1314	1314	SB2151 - 36 - LRB103 25244 RLC 57272 b
1315	1315
1316	1316
1317	1317	SB2151- 37 -LRB103 25244 RLC 57272 b SB2151 - 37 - LRB103 25244 RLC 57272 b
1318	1318	SB2151 - 37 - LRB103 25244 RLC 57272 b
1319	1319	1 official duties, or in retaliation for performing his
1320	1320	2 official duties, and the defendant knew or should have
1321	1321	3 known that the murdered individual was an emergency
1322	1322	4 medical technician - ambulance, emergency medical
1323	1323	5 technician - intermediate, emergency medical technician -
1324	1324	6 paramedic, ambulance driver, or other medical assistance
1325	1325	7 or first aid personnel; or
1326	1326	8 (13) (blank) the defendant was a principal
1327	1327	9 administrator, organizer, or leader of a calculated
1328	1328	10 criminal drug conspiracy consisting of a hierarchical
1329	1329	11 position of authority superior to that of all other
1330	1330	12 members of the conspiracy, and the defendant counseled,
1331	1331	13 commanded, induced, procured, or caused the intentional
1332	1332	14 killing of the murdered person; or
1333	1333	15 (14) (blank) the murder was intentional and involved
1334	1334	16 the infliction of torture. For the purpose of this Section
1335	1335	17 torture means the infliction of or subjection to extreme
1336	1336	18 physical pain, motivated by an intent to increase or
1337	1337	19 prolong the pain, suffering or agony of the victim; or
1338	1338	20 (15) (blank) the murder was committed as a result of
1339	1339	21 the intentional discharge of a firearm by the defendant
1340	1340	22 from a motor vehicle and the victim was not present within
1341	1341	23 the motor vehicle; or
1342	1342	24 (16) (blank) the murdered individual was 60 years of
1343	1343	25 age or older and the death resulted from exceptionally
1344	1344	26 brutal or heinous behavior indicative of wanton cruelty;
1345	1345
1346	1346
1347	1347
1348	1348
1349	1349
1350	1350	SB2151 - 37 - LRB103 25244 RLC 57272 b
1351	1351
1352	1352
1353	1353	SB2151- 38 -LRB103 25244 RLC 57272 b SB2151 - 38 - LRB103 25244 RLC 57272 b
1354	1354	SB2151 - 38 - LRB103 25244 RLC 57272 b
1355	1355	1 or
1356	1356	2 (17) (blank) the murdered individual was a person with
1357	1357	3 a disability and the defendant knew or should have known
1358	1358	4 that the murdered individual was a person with a
1359	1359	5 disability. For purposes of this paragraph (17), "person
1360	1360	6 with a disability" means a person who suffers from a
1361	1361	7 permanent physical or mental impairment resulting from
1362	1362	8 disease, an injury, a functional disorder, or a congenital
1363	1363	9 condition that renders the person incapable of adequately
1364	1364	10 providing for his or her own health or personal care; or
1365	1365	11 (18) (blank) the murder was committed by reason of any
1366	1366	12 person's activity as a community policing volunteer or to
1367	1367	13 prevent any person from engaging in activity as a
1368	1368	14 community policing volunteer; or
1369	1369	15 (19) (blank) the murdered individual was subject to an
1370	1370	16 order of protection and the murder was committed by a
1371	1371	17 person against whom the same order of protection was
1372	1372	18 issued under the Illinois Domestic Violence Act of 1986;
1373	1373	19 or
1374	1374	20 (20) (blank) the murdered individual was known by the
1375	1375	21 defendant to be a teacher or other person employed in any
1376	1376	22 school and the teacher or other employee is upon the
1377	1377	23 grounds of a school or grounds adjacent to a school, or is
1378	1378	24 in any part of a building used for school purposes; or
1379	1379	25 (21) (blank) the murder was committed by the defendant
1380	1380	26 in connection with or as a result of the offense of
1381	1381
1382	1382
1383	1383
1384	1384
1385	1385
1386	1386	SB2151 - 38 - LRB103 25244 RLC 57272 b
1387	1387
1388	1388
1389	1389	SB2151- 39 -LRB103 25244 RLC 57272 b SB2151 - 39 - LRB103 25244 RLC 57272 b
1390	1390	SB2151 - 39 - LRB103 25244 RLC 57272 b
1391	1391	1 terrorism as defined in Section 29D-14.9 of this Code; or
1392	1392	2 (22) (blank); or the murdered individual was a member
1393	1393	3 of a congregation engaged in prayer or other religious
1394	1394	4 activities at a church, synagogue, mosque, or other
1395	1395	5 building, structure, or place used for religious worship.
1396	1396	6 (23) the murdered individual was an investigator or
1397	1397	7 caseworker with the Adult Protective Services Program or
1398	1398	8 an ombudsman under the State Long Term Care Ombudsman
1399	1399	9 Program of the Department on Aging, an investigator or
1400	1400	10 employee of the Department of Children and Family
1401	1401	11 Services, a special agent with the Illinois Liquor Control
1402	1402	12 Commission or the Department of Revenue.
1403	1403	13 (b-5) Aggravating Factor; Natural Life Imprisonment. A
1404	1404	14 defendant who has been found guilty of first degree murder and
1405	1405	15 who at the time of the commission of the offense had attained
1406	1406	16 the age of 18 years or more may be sentenced to natural life
1407	1407	17 imprisonment if (i) the murdered individual was a physician,
1408	1408	18 physician assistant, psychologist, nurse, or advanced practice
1409	1409	19 registered nurse, (ii) the defendant knew or should have known
1410	1410	20 that the murdered individual was a physician, physician
1411	1411	21 assistant, psychologist, nurse, or advanced practice
1412	1412	22 registered nurse, and (iii) the murdered individual was killed
1413	1413	23 in the course of acting in his or her capacity as a physician,
1414	1414	24 physician assistant, psychologist, nurse, or advanced practice
1415	1415	25 registered nurse, or to prevent him or her from acting in that
1416	1416	26 capacity, or in retaliation for his or her acting in that
1417	1417
1418	1418
1419	1419
1420	1420
1421	1421
1422	1422	SB2151 - 39 - LRB103 25244 RLC 57272 b
1423	1423
1424	1424
1425	1425	SB2151- 40 -LRB103 25244 RLC 57272 b SB2151 - 40 - LRB103 25244 RLC 57272 b
1426	1426	SB2151 - 40 - LRB103 25244 RLC 57272 b
1427	1427	1 capacity.
1428	1428	2 (c) Consideration of factors in Aggravation and
1429	1429	3 Mitigation.
1430	1430	4 The court shall consider, or shall instruct the jury to
1431	1431	5 consider any aggravating and any mitigating factors which are
1432	1432	6 relevant to the imposition of the death penalty. Aggravating
1433	1433	7 factors may include but need not be limited to those factors
1434	1434	8 set forth in subsection (b). Mitigating factors may include
1435	1435	9 but need not be limited to the following:
1436	1436	10 (1) the defendant has no significant history of prior
1437	1437	11 criminal activity;
1438	1438	12 (2) the murder was committed while the defendant was
1439	1439	13 under the influence of extreme mental or emotional
1440	1440	14 disturbance, although not such as to constitute a defense
1441	1441	15 to prosecution;
1442	1442	16 (3) the murdered individual was a participant in the
1443	1443	17 defendant's homicidal conduct or consented to the
1444	1444	18 homicidal act;
1445	1445	19 (4) the defendant acted under the compulsion of threat
1446	1446	20 or menace of the imminent infliction of death or great
1447	1447	21 bodily harm;
1448	1448	22 (5) the defendant was not personally present during
1449	1449	23 commission of the act or acts causing death;
1450	1450	24 (6) the defendant's background includes a history of
1451	1451	25 extreme emotional or physical abuse;
1452	1452	26 (7) the defendant suffers from a reduced mental
1453	1453
1454	1454
1455	1455
1456	1456
1457	1457
1458	1458	SB2151 - 40 - LRB103 25244 RLC 57272 b
1459	1459
1460	1460
1461	1461	SB2151- 41 -LRB103 25244 RLC 57272 b SB2151 - 41 - LRB103 25244 RLC 57272 b
1462	1462	SB2151 - 41 - LRB103 25244 RLC 57272 b
1463	1463	1 capacity.
1464	1464	2 Provided, however, that an action that does not otherwise
1465	1465	3 mitigate first degree murder cannot qualify as a mitigating
1466	1466	4 factor for first degree murder because of the discovery,
1467	1467	5 knowledge, or disclosure of the victim's sexual orientation as
1468	1468	6 defined in Section 1-103 of the Illinois Human Rights Act.
1469	1469	7 (d) Separate sentencing hearing.
1470	1470	8 Where requested by the State, the court shall conduct a
1471	1471	9 separate sentencing proceeding to determine the existence of
1472	1472	10 factors set forth in subsection (b) and to consider any
1473	1473	11 aggravating or mitigating factors as indicated in subsection
1474	1474	12 (c). The proceeding shall be conducted:
1475	1475	13 (1) before the jury that determined the defendant's
1476	1476	14 guilt; or
1477	1477	15 (2) before a jury impanelled for the purpose of the
1478	1478	16 proceeding if:
1479	1479	17 A. the defendant was convicted upon a plea of
1480	1480	18 guilty; or
1481	1481	19 B. the defendant was convicted after a trial
1482	1482	20 before the court sitting without a jury; or
1483	1483	21 C. the court for good cause shown discharges the
1484	1484	22 jury that determined the defendant's guilt; or
1485	1485	23 (3) before the court alone if the defendant waives a
1486	1486	24 jury for the separate proceeding.
1487	1487	25 (e) Evidence and Argument.
1488	1488	26 During the proceeding any information relevant to any of
1489	1489
1490	1490
1491	1491
1492	1492
1493	1493
1494	1494	SB2151 - 41 - LRB103 25244 RLC 57272 b
1495	1495
1496	1496
1497	1497	SB2151- 42 -LRB103 25244 RLC 57272 b SB2151 - 42 - LRB103 25244 RLC 57272 b
1498	1498	SB2151 - 42 - LRB103 25244 RLC 57272 b
1499	1499	1 the factors set forth in subsection (b) may be presented by
1500	1500	2 either the State or the defendant under the rules governing
1501	1501	3 the admission of evidence at criminal trials. Any information
1502	1502	4 relevant to any additional aggravating factors or any
1503	1503	5 mitigating factors indicated in subsection (c) may be
1504	1504	6 presented by the State or defendant regardless of its
1505	1505	7 admissibility under the rules governing the admission of
1506	1506	8 evidence at criminal trials. The State and the defendant shall
1507	1507	9 be given fair opportunity to rebut any information received at
1508	1508	10 the hearing.
1509	1509	11 (f) Proof.
1510	1510	12 The burden of proof of establishing the existence of any
1511	1511	13 of the factors set forth in subsection (b) is on the State and
1512	1512	14 shall not be satisfied unless established beyond a reasonable
1513	1513	15 doubt.
1514	1514	16 (g) Procedure - Jury.
1515	1515	17 If at the separate sentencing proceeding the jury finds
1516	1516	18 that none of the factors set forth in subsection (b) exists,
1517	1517	19 the court shall sentence the defendant to a term of
1518	1518	20 imprisonment under Chapter V of the Unified Code of
1519	1519	21 Corrections. If there is a unanimous finding by the jury that
1520	1520	22 one or more of the factors set forth in subsection (b) exist,
1521	1521	23 the jury shall consider aggravating and mitigating factors as
1522	1522	24 instructed by the court and shall determine whether the
1523	1523	25 sentence of death shall be imposed. If the jury determines
1524	1524	26 unanimously, after weighing the factors in aggravation and
1525	1525
1526	1526
1527	1527
1528	1528
1529	1529
1530	1530	SB2151 - 42 - LRB103 25244 RLC 57272 b
1531	1531
1532	1532
1533	1533	SB2151- 43 -LRB103 25244 RLC 57272 b SB2151 - 43 - LRB103 25244 RLC 57272 b
1534	1534	SB2151 - 43 - LRB103 25244 RLC 57272 b
1535	1535	1 mitigation, that death is the appropriate sentence, the court
1536	1536	2 shall sentence the defendant to death. If the court does not
1537	1537	3 concur with the jury determination that death is the
1538	1538	4 appropriate sentence, the court shall set forth reasons in
1539	1539	5 writing including what facts or circumstances the court relied
1540	1540	6 upon, along with any relevant documents, that compelled the
1541	1541	7 court to non-concur with the sentence. This document and any
1542	1542	8 attachments shall be part of the record for appellate review.
1543	1543	9 The court shall be bound by the jury's sentencing
1544	1544	10 determination.
1545	1545	11 If after weighing the factors in aggravation and
1546	1546	12 mitigation, one or more jurors determines that death is not
1547	1547	13 the appropriate sentence, the court shall sentence the
1548	1548	14 defendant to a term of imprisonment under Chapter V of the
1549	1549	15 Unified Code of Corrections.
1550	1550	16 (h) Procedure - No Jury.
1551	1551	17 In a proceeding before the court alone, if the court finds
1552	1552	18 that none of the factors found in subsection (b) exists, the
1553	1553	19 court shall sentence the defendant to a term of imprisonment
1554	1554	20 under Chapter V of the Unified Code of Corrections.
1555	1555	21 If the Court determines that one or more of the factors set
1556	1556	22 forth in subsection (b) exists, the Court shall consider any
1557	1557	23 aggravating and mitigating factors as indicated in subsection
1558	1558	24 (c). If the Court determines, after weighing the factors in
1559	1559	25 aggravation and mitigation, that death is the appropriate
1560	1560	26 sentence, the Court shall sentence the defendant to death.
1561	1561
1562	1562
1563	1563
1564	1564
1565	1565
1566	1566	SB2151 - 43 - LRB103 25244 RLC 57272 b
1567	1567
1568	1568
1569	1569	SB2151- 44 -LRB103 25244 RLC 57272 b SB2151 - 44 - LRB103 25244 RLC 57272 b
1570	1570	SB2151 - 44 - LRB103 25244 RLC 57272 b
1571	1571	1 If the court finds that death is not the appropriate
1572	1572	2 sentence, the court shall sentence the defendant to a term of
1573	1573	3 imprisonment under Chapter V of the Unified Code of
1574	1574	4 Corrections.
1575	1575	5 (h-5) Decertification as a capital case.
1576	1576	6 In a case in which the defendant has been found guilty of
1577	1577	7 first degree murder by a judge or jury, or a case on remand for
1578	1578	8 resentencing, and the State seeks the death penalty as an
1579	1579	9 appropriate sentence, on the court's own motion or the written
1580	1580	10 motion of the defendant, the court may decertify the case as a
1581	1581	11 death penalty case if the court finds that the only evidence
1582	1582	12 supporting the defendant's conviction is the uncorroborated
1583	1583	13 testimony of an informant witness, as defined in Section
1584	1584	14 115-21 of the Code of Criminal Procedure of 1963, concerning
1585	1585	15 the confession or admission of the defendant or that the sole
1586	1586	16 evidence against the defendant is a single eyewitness or
1587	1587	17 single accomplice without any other corroborating evidence. If
1588	1588	18 the court decertifies the case as a capital case under either
1589	1589	19 of the grounds set forth above, the court shall issue a written
1590	1590	20 finding. The State may pursue its right to appeal the
1591	1591	21 decertification pursuant to Supreme Court Rule 604(a)(1). If
1592	1592	22 the court does not decertify the case as a capital case, the
1593	1593	23 matter shall proceed to the eligibility phase of the
1594	1594	24 sentencing hearing.
1595	1595	25 (i) Appellate Procedure.
1596	1596	26 The conviction and sentence of death shall be subject to
1597	1597
1598	1598
1599	1599
1600	1600
1601	1601
1602	1602	SB2151 - 44 - LRB103 25244 RLC 57272 b
1603	1603
1604	1604
1605	1605	SB2151- 45 -LRB103 25244 RLC 57272 b SB2151 - 45 - LRB103 25244 RLC 57272 b
1606	1606	SB2151 - 45 - LRB103 25244 RLC 57272 b
1607	1607	1 automatic review by the Supreme Court. Such review shall be in
1608	1608	2 accordance with rules promulgated by the Supreme Court. The
1609	1609	3 Illinois Supreme Court may overturn the death sentence, and
1610	1610	4 order the imposition of imprisonment under Chapter V of the
1611	1611	5 Unified Code of Corrections if the court finds that the death
1612	1612	6 sentence is fundamentally unjust as applied to the particular
1613	1613	7 case. If the Illinois Supreme Court finds that the death
1614	1614	8 sentence is fundamentally unjust as applied to the particular
1615	1615	9 case, independent of any procedural grounds for relief, the
1616	1616	10 Illinois Supreme Court shall issue a written opinion
1617	1617	11 explaining this finding.
1618	1618	12 (j) Disposition of reversed death sentence.
1619	1619	13 In the event that the death penalty in this Act is held to
1620	1620	14 be unconstitutional by the Supreme Court of the United States
1621	1621	15 or of the State of Illinois, any person convicted of first
1622	1622	16 degree murder shall be sentenced by the court to a term of
1623	1623	17 imprisonment under Chapter V of the Unified Code of
1624	1624	18 Corrections.
1625	1625	19 In the event that any death sentence pursuant to the
1626	1626	20 sentencing provisions of this Section is declared
1627	1627	21 unconstitutional by the Supreme Court of the United States or
1628	1628	22 of the State of Illinois, the court having jurisdiction over a
1629	1629	23 person previously sentenced to death shall cause the defendant
1630	1630	24 to be brought before the court, and the court shall sentence
1631	1631	25 the defendant to a term of imprisonment under Chapter V of the
1632	1632	26 Unified Code of Corrections.
1633	1633
1634	1634
1635	1635
1636	1636
1637	1637
1638	1638	SB2151 - 45 - LRB103 25244 RLC 57272 b
1639	1639
1640	1640
1641	1641	SB2151- 46 -LRB103 25244 RLC 57272 b SB2151 - 46 - LRB103 25244 RLC 57272 b
1642	1642	SB2151 - 46 - LRB103 25244 RLC 57272 b
1643	1643	1 (k) Guidelines for seeking the death penalty.
1644	1644	2 The Attorney General and State's Attorneys Association
1645	1645	3 shall consult on voluntary guidelines for procedures governing
1646	1646	4 whether or not to seek the death penalty. The guidelines do not
1647	1647	5 have the force of law and are only advisory in nature.
1648	1648	6 (Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
1649	1649	7 100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.
1650	1650	8 7-1-21.)
1651	1651	9 Section 115. The Code of Criminal Procedure of 1963 is
1652	1652	10 amended by changing Sections 113-3 and 119-1 as follows:
1653	1653	11 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
1654	1654	12 Sec. 113-3. (a) Every person charged with an offense shall
1655	1655	13 be allowed counsel before pleading to the charge. If the
1656	1656	14 defendant desires counsel and has been unable to obtain same
1657	1657	15 before arraignment the court shall recess court or continue
1658	1658	16 the cause for a reasonable time to permit defendant to obtain
1659	1659	17 counsel and consult with him before pleading to the charge. If
1660	1660	18 the accused is a dissolved corporation, and is not represented
1661	1661	19 by counsel, the court may, in the interest of justice, appoint
1662	1662	20 as counsel a licensed attorney of this State.
1663	1663	21 (b) In all cases, except where the penalty is a fine only,
1664	1664	22 if the court determines that the defendant is indigent and
1665	1665	23 desires counsel, the Public Defender shall be appointed as
1666	1666	24 counsel. If there is no Public Defender in the county or if the
1667	1667
1668	1668
1669	1669
1670	1670
1671	1671
1672	1672	SB2151 - 46 - LRB103 25244 RLC 57272 b
1673	1673
1674	1674
1675	1675	SB2151- 47 -LRB103 25244 RLC 57272 b SB2151 - 47 - LRB103 25244 RLC 57272 b
1676	1676	SB2151 - 47 - LRB103 25244 RLC 57272 b
1677	1677	1 defendant requests counsel other than the Public Defender and
1678	1678	2 the court finds that the rights of the defendant will be
1679	1679	3 prejudiced by the appointment of the Public Defender, the
1680	1680	4 court shall appoint as counsel a licensed attorney at law of
1681	1681	5 this State, except that in a county having a population of
1682	1682	6 2,000,000 or more the Public Defender shall be appointed as
1683	1683	7 counsel in all misdemeanor cases where the defendant is
1684	1684	8 indigent and desires counsel unless the case involves multiple
1685	1685	9 defendants, in which case the court may appoint counsel other
1686	1686	10 than the Public Defender for the additional defendants. The
1687	1687	11 court shall require an affidavit signed by any defendant who
1688	1688	12 requests court-appointed counsel. Such affidavit shall be in
1689	1689	13 the form established by the Supreme Court containing
1690	1690	14 sufficient information to ascertain the assets and liabilities
1691	1691	15 of that defendant. The Court may direct the Clerk of the
1692	1692	16 Circuit Court to assist the defendant in the completion of the
1693	1693	17 affidavit. Any person who knowingly files such affidavit
1694	1694	18 containing false information concerning his assets and
1695	1695	19 liabilities shall be liable to the county where the case, in
1696	1696	20 which such false affidavit is filed, is pending for the
1697	1697	21 reasonable value of the services rendered by the public
1698	1698	22 defender or other court-appointed counsel in the case to the
1699	1699	23 extent that such services were unjustly or falsely procured.
1700	1700	24 (c) Upon the filing with the court of a verified statement
1701	1701	25 of services rendered the court shall order the county
1702	1702	26 treasurer of the county of trial to pay counsel other than the
1703	1703
1704	1704
1705	1705
1706	1706
1707	1707
1708	1708	SB2151 - 47 - LRB103 25244 RLC 57272 b
1709	1709
1710	1710
1711	1711	SB2151- 48 -LRB103 25244 RLC 57272 b SB2151 - 48 - LRB103 25244 RLC 57272 b
1712	1712	SB2151 - 48 - LRB103 25244 RLC 57272 b
1713	1713	1 Public Defender a reasonable fee. The court shall consider all
1714	1714	2 relevant circumstances, including but not limited to the time
1715	1715	3 spent while court is in session, other time spent in
1716	1716	4 representing the defendant, and expenses reasonably incurred
1717	1717	5 by counsel. In counties with a population greater than
1718	1718	6 2,000,000, the court shall order the county treasurer of the
1719	1719	7 county of trial to pay counsel other than the Public Defender a
1720	1720	8 reasonable fee stated in the order and based upon a rate of
1721	1721	9 compensation of not more than $40 for each hour spent while
1722	1722	10 court is in session and not more than $30 for each hour
1723	1723	11 otherwise spent representing a defendant, and such
1724	1724	12 compensation shall not exceed $150 for each defendant
1725	1725	13 represented in misdemeanor cases and $1250 in felony cases, in
1726	1726	14 addition to expenses reasonably incurred as hereinafter in
1727	1727	15 this Section provided, except that, in extraordinary
1728	1728	16 circumstances, payment in excess of the limits herein stated
1729	1729	17 may be made if the trial court certifies that such payment is
1730	1730	18 necessary to provide fair compensation for protracted
1731	1731	19 representation. A trial court may entertain the filing of this
1732	1732	20 verified statement before the termination of the cause, and
1733	1733	21 may order the provisional payment of sums during the pendency
1734	1734	22 of the cause.
1735	1735	23 (d) In capital cases, in addition to counsel, if the court
1736	1736	24 determines that the defendant is indigent the court may, upon
1737	1737	25 the filing with the court of a verified statement of services
1738	1738	26 rendered, order the county Treasurer of the county of trial to
1739	1739
1740	1740
1741	1741
1742	1742
1743	1743
1744	1744	SB2151 - 48 - LRB103 25244 RLC 57272 b
1745	1745
1746	1746
1747	1747	SB2151- 49 -LRB103 25244 RLC 57272 b SB2151 - 49 - LRB103 25244 RLC 57272 b
1748	1748	SB2151 - 49 - LRB103 25244 RLC 57272 b
1749	1749	1 pay necessary expert witnesses for defendant reasonable
1750	1750	2 compensation stated in the order not to exceed $250 for each
1751	1751	3 defendant.
1752	1752	4 (e) If the court in any county having a population greater
1753	1753	5 than 2,000,000 determines that the defendant is indigent the
1754	1754	6 court may, upon the filing with the court of a verified
1755	1755	7 statement of such expenses, order the county treasurer of the
1756	1756	8 county of trial, in such counties having a population greater
1757	1757	9 than 2,000,000 to pay the general expenses of the trial
1758	1758	10 incurred by the defendant not to exceed $50 for each
1759	1759	11 defendant.
1760	1760	12 (f) The provisions of this Section relating to appointment
1761	1761	13 of counsel, compensation of counsel, and payment of expenses
1762	1762	14 in capital cases apply except when the compensation and
1763	1763	15 expenses are being provided under the Capital Crimes
1764	1764	16 Litigation Act of 2023.
1765	1765	17 (Source: P.A. 91-589, eff. 1-1-00.)
1766	1766	18 (725 ILCS 5/119-1)
1767	1767	19 Sec. 119-1. Death penalty restored abolished.
1768	1768	20 (a) (Blank). Beginning on the effective date of this
1769	1769	21 amendatory Act of the 96th General Assembly, notwithstanding
1770	1770	22 any other law to the contrary, the death penalty is abolished
1771	1771	23 and a sentence to death may not be imposed.
1772	1772	24 (b) All unobligated and unexpended moneys remaining in the
1773	1773	25 Capital Litigation Trust Fund on the effective date of this
1774	1774
1775	1775
1776	1776
1777	1777
1778	1778
1779	1779	SB2151 - 49 - LRB103 25244 RLC 57272 b
1780	1780
1781	1781
1782	1782	SB2151- 50 -LRB103 25244 RLC 57272 b SB2151 - 50 - LRB103 25244 RLC 57272 b
1783	1783	SB2151 - 50 - LRB103 25244 RLC 57272 b
1784	1784	1 amendatory Act of the 96th General Assembly shall be
1785	1785	2 transferred into the Death Penalty Abolition Fund on the
1786	1786	3 effective date of this amendatory Act of the 103rd General
1787	1787	4 Assembly shall be transferred into the Capital Litigation
1788	1788	5 Trust Fund , a special fund in the State treasury, to be
1789	1789	6 expended by the Illinois Criminal Justice Information
1790	1790	7 Authority, for services for families of victims of homicide or
1791	1791	8 murder and for training of law enforcement personnel.
1792	1792	9 (Source: P.A. 96-1543, eff. 7-1-11.)
1793	1793	10 Section 120. The State Appellate Defender Act is amended
1794	1794	11 by changing Section 10 as follows:
1795	1795	12 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
1796	1796	13 Sec. 10. Powers and duties of State Appellate Defender.
1797	1797	14 (a) The State Appellate Defender shall represent indigent
1798	1798	15 persons on appeal in criminal and delinquent minor
1799	1799	16 proceedings, when appointed to do so by a court under a Supreme
1800	1800	17 Court Rule or law of this State.
1801	1801	18 (b) The State Appellate Defender shall submit a budget for
1802	1802	19 the approval of the State Appellate Defender Commission.
1803	1803	20 (c) The State Appellate Defender may:
1804	1804	21 (1) maintain a panel of private attorneys available to
1805	1805	22 serve as counsel on a case basis;
1806	1806	23 (2) establish programs, alone or in conjunction with
1807	1807	24 law schools, for the purpose of utilizing volunteer law
1808	1808
1809	1809
1810	1810
1811	1811
1812	1812
1813	1813	SB2151 - 50 - LRB103 25244 RLC 57272 b
1814	1814
1815	1815
1816	1816	SB2151- 51 -LRB103 25244 RLC 57272 b SB2151 - 51 - LRB103 25244 RLC 57272 b
1817	1817	SB2151 - 51 - LRB103 25244 RLC 57272 b
1818	1818	1 students as legal assistants;
1819	1819	2 (3) cooperate and consult with state agencies,
1820	1820	3 professional associations, and other groups concerning the
1821	1821	4 causes of criminal conduct, the rehabilitation and
1822	1822	5 correction of persons charged with and convicted of crime,
1823	1823	6 the administration of criminal justice, and, in counties
1824	1824	7 of less than 1,000,000 population, study, design, develop
1825	1825	8 and implement model systems for the delivery of trial
1826	1826	9 level defender services, and make an annual report to the
1827	1827	10 General Assembly;
1828	1828	11 (4) hire investigators to provide investigative
1829	1829	12 services to appointed counsel and county public defenders;
1830	1830	13 (5) (blank);
1831	1831	14 (5.1) in cases in which a death sentence is an
1832	1832	15 authorized disposition, provide trial counsel with legal
1833	1833	16 assistance and the assistance of expert witnesses,
1834	1834	17 investigators, and mitigation specialists from funds
1835	1835	18 appropriated to the State Appellate Defender specifically
1836	1836	19 for that purpose by the General Assembly. The Office of
1837	1837	20 State Appellate Defender shall not be appointed to serve
1838	1838	21 as trial counsel in capital cases;
1839	1839	22 (5.5) provide training to county public defenders;
1840	1840	23 (5.7) provide county public defenders with the
1841	1841	24 assistance of expert witnesses and investigators from
1842	1842	25 funds appropriated to the State Appellate Defender
1843	1843	26 specifically for that purpose by the General Assembly. The
1844	1844
1845	1845
1846	1846
1847	1847
1848	1848
1849	1849	SB2151 - 51 - LRB103 25244 RLC 57272 b
1850	1850
1851	1851
1852	1852	SB2151- 52 -LRB103 25244 RLC 57272 b SB2151 - 52 - LRB103 25244 RLC 57272 b
1853	1853	SB2151 - 52 - LRB103 25244 RLC 57272 b
1854	1854	1 Office of the State Appellate Defender shall not be
1855	1855	2 appointed to act as trial counsel;
1856	1856	3 (6) develop a Juvenile Defender Resource Center to:
1857	1857	4 (i) study, design, develop, and implement model systems
1858	1858	5 for the delivery of trial level defender services for
1859	1859	6 juveniles in the justice system; (ii) in cases in which a
1860	1860	7 sentence of incarceration or an adult sentence, or both,
1861	1861	8 is an authorized disposition, provide trial counsel with
1862	1862	9 legal advice and the assistance of expert witnesses and
1863	1863	10 investigators from funds appropriated to the Office of the
1864	1864	11 State Appellate Defender by the General Assembly
1865	1865	12 specifically for that purpose; (iii) develop and provide
1866	1866	13 training to public defenders on juvenile justice issues,
1867	1867	14 utilizing resources including the State and local bar
1868	1868	15 associations, the Illinois Public Defender Association,
1869	1869	16 law schools, the Midwest Juvenile Defender Center, and pro
1870	1870	17 bono efforts by law firms; and (iv) make an annual report
1871	1871	18 to the General Assembly.
1872	1872	19 Investigators employed by the Capital Trial Assistance
1873	1873	20 Unit and Capital Post Conviction Unit of the State Appellate
1874	1874	21 Defender shall be authorized to inquire through the Illinois
1875	1875	22 State Police or local law enforcement with the Law Enforcement
1876	1876	23 Agencies Data System (LEADS) under Section 2605-375 of the
1877	1877	24 Civil Administrative Code of Illinois to ascertain whether
1878	1878	25 their potential witnesses have a criminal background,
1879	1879	26 including, but not limited to: (i) warrants; (ii) arrests;
1880	1880
1881	1881
1882	1882
1883	1883
1884	1884
1885	1885	SB2151 - 52 - LRB103 25244 RLC 57272 b
1886	1886
1887	1887
1888	1888	SB2151- 53 -LRB103 25244 RLC 57272 b SB2151 - 53 - LRB103 25244 RLC 57272 b
1889	1889	SB2151 - 53 - LRB103 25244 RLC 57272 b
1890	1890	1 (iii) convictions; and (iv) officer safety information. This
1891	1891	2 authorization applies only to information held on the State
1892	1892	3 level and shall be used only to protect the personal safety of
1893	1893	4 the investigators. Any information that is obtained through
1894	1894	5 this inquiry may not be disclosed by the investigators.
1895	1895	6 (c-5) For each State fiscal year, the State Appellate
1896	1896	7 Defender shall request a direct appropriation from the Capital
1897	1897	8 Litigation Trust Fund for expenses incurred by the State
1898	1898	9 Appellate Defender in providing assistance to trial attorneys
1899	1899	10 under paragraph (5.1) of subsection (c) of this Section and
1900	1900	11 for expenses incurred by the State Appellate Defender in
1901	1901	12 representing petitioners in capital cases in post-conviction
1902	1902	13 proceedings under Article 122 of the Code of Criminal
1903	1903	14 Procedure of 1963 and in relation to petitions filed under
1904	1904	15 Section 2-1401 of the Code of Civil Procedure in relation to
1905	1905	16 capital cases and for the representation of those petitioners
1906	1906	17 by attorneys approved by or contracted with the State
1907	1907	18 Appellate Defender and an appropriation to the State Treasurer
1908	1908	19 for payments from the Trust Fund for the defense of cases in
1909	1909	20 counties other than Cook County. The State Appellate Defender
1910	1910	21 may appear before the General Assembly at other times during
1911	1911	22 the State's fiscal year to request supplemental appropriations
1912	1912	23 from the Trust Fund to the State Treasurer.
1913	1913	24 (d) (Blank).
1914	1914	25 (e) The requirement for reporting to the General Assembly
1915	1915	26 shall be satisfied by filing copies of the report as required
1916	1916
1917	1917
1918	1918
1919	1919
1920	1920
1921	1921	SB2151 - 53 - LRB103 25244 RLC 57272 b
1922	1922
1923	1923
1924	1924	SB2151- 54 -LRB103 25244 RLC 57272 b SB2151 - 54 - LRB103 25244 RLC 57272 b
1925	1925	SB2151 - 54 - LRB103 25244 RLC 57272 b
1926	1926	1 by Section 3.1 of the General Assembly Organization Act and
1927	1927	2 filing such additional copies with the State Government Report
1928	1928	3 Distribution Center for the General Assembly as is required
1929	1929	4 under paragraph (t) of Section 7 of the State Library Act.
1930	1930	5 (Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)
1931	1931	SB2151- 55 -LRB103 25244 RLC 57272 b 1 INDEX 2 Statutes amended in order of appearance SB2151- 55 -LRB103 25244 RLC 57272 b SB2151 - 55 - LRB103 25244 RLC 57272 b 1 INDEX 2 Statutes amended in order of appearance
1932	1932	SB2151- 55 -LRB103 25244 RLC 57272 b SB2151 - 55 - LRB103 25244 RLC 57272 b
1933	1933	SB2151 - 55 - LRB103 25244 RLC 57272 b
1934	1934	1 INDEX
1935	1935	2 Statutes amended in order of appearance
1936	1936
1937	1937
1938	1938
1939	1939
1940	1940
1941	1941	SB2151 - 54 - LRB103 25244 RLC 57272 b
1942	1942
1943	1943
1944	1944
1945	1945	SB2151- 55 -LRB103 25244 RLC 57272 b SB2151 - 55 - LRB103 25244 RLC 57272 b
1946	1946	SB2151 - 55 - LRB103 25244 RLC 57272 b
1947	1947	1 INDEX
1948	1948	2 Statutes amended in order of appearance
1949	1949
1950	1950
1951	1951
1952	1952
1953	1953
1954	1954	SB2151 - 55 - LRB103 25244 RLC 57272 b