Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3198 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 SB3198 Introduced 2/6/2024, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED: See Index Creates the Capital Crimes Litigation Act of 2024. 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 immediately appoint the Public Defender, or any other qualified attorney or attorneys as the Illinois Supreme Court shall by rule provide, to represent the defendant as trial counsel. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Trust Fund shall be used exclusively for the purposes of providing funding for the prosecution and defense of capital cases and for providing funding for post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Unified Code of Corrections. Reinstates the death penalty for first degree murder if: (1) the murdered individual was a peace officer, fireman, an 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 that the murdered individual was a peace officer or fireman; or (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. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes. LRB103 37984 RLC 68116 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3198 Introduced 2/6/2024, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED: See Index See Index Creates the Capital Crimes Litigation Act of 2024. 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 immediately appoint the Public Defender, or any other qualified attorney or attorneys as the Illinois Supreme Court shall by rule provide, to represent the defendant as trial counsel. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Trust Fund shall be used exclusively for the purposes of providing funding for the prosecution and defense of capital cases and for providing funding for post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Unified Code of Corrections. Reinstates the death penalty for first degree murder if: (1) the murdered individual was a peace officer, fireman, an 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 that the murdered individual was a peace officer or fireman; or (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. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes. LRB103 37984 RLC 68116 b LRB103 37984 RLC 68116 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3198 Introduced 2/6/2024, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Creates the Capital Crimes Litigation Act of 2024. 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 immediately appoint the Public Defender, or any other qualified attorney or attorneys as the Illinois Supreme Court shall by rule provide, to represent the defendant as trial counsel. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Trust Fund shall be used exclusively for the purposes of providing funding for the prosecution and defense of capital cases and for providing funding for post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Unified Code of Corrections. Reinstates the death penalty for first degree murder if: (1) the murdered individual was a peace officer, fireman, an 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 that the murdered individual was a peace officer or fireman; or (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. 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 37984 RLC 68116 b LRB103 37984 RLC 68116 b
7	7	LRB103 37984 RLC 68116 b
8	8	A BILL FOR
9	9	SB3198LRB103 37984 RLC 68116 b SB3198 LRB103 37984 RLC 68116 b
10	10	SB3198 LRB103 37984 RLC 68116 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 2024.
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 SB3198 Introduced 2/6/2024, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Creates the Capital Crimes Litigation Act of 2024. 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 immediately appoint the Public Defender, or any other qualified attorney or attorneys as the Illinois Supreme Court shall by rule provide, to represent the defendant as trial counsel. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Trust Fund shall be used exclusively for the purposes of providing funding for the prosecution and defense of capital cases and for providing funding for post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Unified Code of Corrections. Reinstates the death penalty for first degree murder if: (1) the murdered individual was a peace officer, fireman, an 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 that the murdered individual was a peace officer or fireman; or (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. 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 37984 RLC 68116 b LRB103 37984 RLC 68116 b
42	42	LRB103 37984 RLC 68116 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	SB3198 - 11 - LRB103 37984 RLC 68116 b
422	422
423	423
424	424	SB3198- 12 -LRB103 37984 RLC 68116 b SB3198 - 12 - LRB103 37984 RLC 68116 b
425	425	SB3198 - 12 - LRB103 37984 RLC 68116 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	SB3198 - 12 - LRB103 37984 RLC 68116 b
458	458
459	459
460	460	SB3198- 13 -LRB103 37984 RLC 68116 b SB3198 - 13 - LRB103 37984 RLC 68116 b
461	461	SB3198 - 13 - LRB103 37984 RLC 68116 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	SB3198 - 13 - LRB103 37984 RLC 68116 b
494	494
495	495
496	496	SB3198- 14 -LRB103 37984 RLC 68116 b SB3198 - 14 - LRB103 37984 RLC 68116 b
497	497	SB3198 - 14 - LRB103 37984 RLC 68116 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	SB3198 - 14 - LRB103 37984 RLC 68116 b
530	530
531	531
532	532	SB3198- 15 -LRB103 37984 RLC 68116 b SB3198 - 15 - LRB103 37984 RLC 68116 b
533	533	SB3198 - 15 - LRB103 37984 RLC 68116 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	SB3198 - 15 - LRB103 37984 RLC 68116 b
566	566
567	567
568	568	SB3198- 16 -LRB103 37984 RLC 68116 b SB3198 - 16 - LRB103 37984 RLC 68116 b
569	569	SB3198 - 16 - LRB103 37984 RLC 68116 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	SB3198 - 16 - LRB103 37984 RLC 68116 b
602	602
603	603
604	604	SB3198- 17 -LRB103 37984 RLC 68116 b SB3198 - 17 - LRB103 37984 RLC 68116 b
605	605	SB3198 - 17 - LRB103 37984 RLC 68116 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	SB3198 - 17 - LRB103 37984 RLC 68116 b
638	638
639	639
640	640	SB3198- 18 -LRB103 37984 RLC 68116 b SB3198 - 18 - LRB103 37984 RLC 68116 b
641	641	SB3198 - 18 - LRB103 37984 RLC 68116 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	SB3198 - 18 - LRB103 37984 RLC 68116 b
674	674
675	675
676	676	SB3198- 19 -LRB103 37984 RLC 68116 b SB3198 - 19 - LRB103 37984 RLC 68116 b
677	677	SB3198 - 19 - LRB103 37984 RLC 68116 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	SB3198 - 19 - LRB103 37984 RLC 68116 b
710	710
711	711
712	712	SB3198- 20 -LRB103 37984 RLC 68116 b SB3198 - 20 - LRB103 37984 RLC 68116 b
713	713	SB3198 - 20 - LRB103 37984 RLC 68116 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	SB3198 - 20 - LRB103 37984 RLC 68116 b
746	746
747	747
748	748	SB3198- 21 -LRB103 37984 RLC 68116 b SB3198 - 21 - LRB103 37984 RLC 68116 b
749	749	SB3198 - 21 - LRB103 37984 RLC 68116 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	SB3198 - 21 - LRB103 37984 RLC 68116 b
781	781
782	782
783	783	SB3198- 22 -LRB103 37984 RLC 68116 b SB3198 - 22 - LRB103 37984 RLC 68116 b
784	784	SB3198 - 22 - LRB103 37984 RLC 68116 b
785	785	1 (5 ILCS 140/7.5)
786	786	2 (Text of Section before amendment by P.A. 103-472)
787	787	3 Sec. 7.5. Statutory exemptions. To the extent provided for
788	788	4 by the statutes referenced below, the following shall be
789	789	5 exempt from inspection and copying:
790	790	6 (a) All information determined to be confidential
791	791	7 under Section 4002 of the Technology Advancement and
792	792	8 Development Act.
793	793	9 (b) Library circulation and order records identifying
794	794	10 library users with specific materials under the Library
795	795	11 Records Confidentiality Act.
796	796	12 (c) Applications, related documents, and medical
797	797	13 records received by the Experimental Organ Transplantation
798	798	14 Procedures Board and any and all documents or other
799	799	15 records prepared by the Experimental Organ Transplantation
800	800	16 Procedures Board or its staff relating to applications it
801	801	17 has received.
802	802	18 (d) Information and records held by the Department of
803	803	19 Public Health and its authorized representatives relating
804	804	20 to known or suspected cases of sexually transmissible
805	805	21 disease or any information the disclosure of which is
806	806	22 restricted under the Illinois Sexually Transmissible
807	807	23 Disease Control Act.
808	808	24 (e) Information the disclosure of which is exempted
809	809	25 under Section 30 of the Radon Industry Licensing Act.
810	810
811	811
812	812
813	813
814	814
815	815	SB3198 - 22 - LRB103 37984 RLC 68116 b
816	816
817	817
818	818	SB3198- 23 -LRB103 37984 RLC 68116 b SB3198 - 23 - LRB103 37984 RLC 68116 b
819	819	SB3198 - 23 - LRB103 37984 RLC 68116 b
820	820	1 (f) Firm performance evaluations under Section 55 of
821	821	2 the Architectural, Engineering, and Land Surveying
822	822	3 Qualifications Based Selection Act.
823	823	4 (g) Information the disclosure of which is restricted
824	824	5 and exempted under Section 50 of the Illinois Prepaid
825	825	6 Tuition Act.
826	826	7 (h) Information the disclosure of which is exempted
827	827	8 under the State Officials and Employees Ethics Act, and
828	828	9 records of any lawfully created State or local inspector
829	829	10 general's office that would be exempt if created or
830	830	11 obtained by an Executive Inspector General's office under
831	831	12 that Act.
832	832	13 (i) Information contained in a local emergency energy
833	833	14 plan submitted to a municipality in accordance with a
834	834	15 local emergency energy plan ordinance that is adopted
835	835	16 under Section 11-21.5-5 of the Illinois Municipal Code.
836	836	17 (j) Information and data concerning the distribution
837	837	18 of surcharge moneys collected and remitted by carriers
838	838	19 under the Emergency Telephone System Act.
839	839	20 (k) Law enforcement officer identification information
840	840	21 or driver identification information compiled by a law
841	841	22 enforcement agency or the Department of Transportation
842	842	23 under Section 11-212 of the Illinois Vehicle Code.
843	843	24 (l) Records and information provided to a residential
844	844	25 health care facility resident sexual assault and death
845	845	26 review team or the Executive Council under the Abuse
846	846
847	847
848	848
849	849
850	850
851	851	SB3198 - 23 - LRB103 37984 RLC 68116 b
852	852
853	853
854	854	SB3198- 24 -LRB103 37984 RLC 68116 b SB3198 - 24 - LRB103 37984 RLC 68116 b
855	855	SB3198 - 24 - LRB103 37984 RLC 68116 b
856	856	1 Prevention Review Team Act.
857	857	2 (m) Information provided to the predatory lending
858	858	3 database created pursuant to Article 3 of the Residential
859	859	4 Real Property Disclosure Act, except to the extent
860	860	5 authorized under that Article.
861	861	6 (n) Defense budgets and petitions for certification of
862	862	7 compensation and expenses for court appointed trial
863	863	8 counsel as provided under Sections 10 and 15 of the
864	864	9 Capital Crimes Litigation Act (repealed). This subsection
865	865	10 (n) shall apply until the conclusion of the trial of the
866	866	11 case, even if the prosecution chooses not to pursue the
867	867	12 death penalty prior 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 (repealed).
881	881	26 (q) Information prohibited from being disclosed by the
882	882
883	883
884	884
885	885
886	886
887	887	SB3198 - 24 - LRB103 37984 RLC 68116 b
888	888
889	889
890	890	SB3198- 25 -LRB103 37984 RLC 68116 b SB3198 - 25 - LRB103 37984 RLC 68116 b
891	891	SB3198 - 25 - LRB103 37984 RLC 68116 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) (Blank).
898	898	7 (u) Records and information provided to an independent
899	899	8 team of experts under the Developmental Disability and
900	900	9 Mental Health Safety Act (also known as Brian's Law).
901	901	10 (v) Names and information of people who have applied
902	902	11 for or received Firearm Owner's Identification Cards under
903	903	12 the Firearm Owners Identification Card Act or applied for
904	904	13 or received a concealed carry license under the Firearm
905	905	14 Concealed Carry Act, unless otherwise authorized by the
906	906	15 Firearm Concealed Carry Act; and databases under the
907	907	16 Firearm Concealed Carry Act, records of the Concealed
908	908	17 Carry Licensing Review Board under the Firearm Concealed
909	909	18 Carry Act, and law enforcement agency objections under the
910	910	19 Firearm Concealed Carry Act.
911	911	20 (v-5) Records of the Firearm Owner's Identification
912	912	21 Card Review Board that are exempted from disclosure under
913	913	22 Section 10 of the Firearm Owners Identification Card Act.
914	914	23 (w) Personally identifiable information which is
915	915	24 exempted from disclosure under subsection (g) of Section
916	916	25 19.1 of the Toll Highway Act.
917	917	26 (x) Information which is exempted from disclosure
918	918
919	919
920	920
921	921
922	922
923	923	SB3198 - 25 - LRB103 37984 RLC 68116 b
924	924
925	925
926	926	SB3198- 26 -LRB103 37984 RLC 68116 b SB3198 - 26 - LRB103 37984 RLC 68116 b
927	927	SB3198 - 26 - LRB103 37984 RLC 68116 b
928	928	1 under Section 5-1014.3 of the Counties Code or Section
929	929	2 8-11-21 of the Illinois Municipal Code.
930	930	3 (y) Confidential information under the Adult
931	931	4 Protective Services Act and its predecessor enabling
932	932	5 statute, the Elder Abuse and Neglect Act, including
933	933	6 information about the identity and administrative finding
934	934	7 against any caregiver of a verified and substantiated
935	935	8 decision of abuse, neglect, or financial exploitation of
936	936	9 an eligible adult maintained in the Registry established
937	937	10 under Section 7.5 of the Adult Protective Services Act.
938	938	11 (z) Records and information provided to a fatality
939	939	12 review team or the Illinois Fatality Review Team Advisory
940	940	13 Council under Section 15 of the Adult Protective Services
941	941	14 Act.
942	942	15 (aa) Information which is exempted from disclosure
943	943	16 under Section 2.37 of the Wildlife Code.
944	944	17 (bb) Information which is or was prohibited from
945	945	18 disclosure by the Juvenile Court Act of 1987.
946	946	19 (cc) Recordings made under the Law Enforcement
947	947	20 Officer-Worn Body Camera Act, except to the extent
948	948	21 authorized under that Act.
949	949	22 (dd) Information that is prohibited from being
950	950	23 disclosed under Section 45 of the Condominium and Common
951	951	24 Interest Community Ombudsperson Act.
952	952	25 (ee) Information that is exempted from disclosure
953	953	26 under Section 30.1 of the Pharmacy Practice Act.
954	954
955	955
956	956
957	957
958	958
959	959	SB3198 - 26 - LRB103 37984 RLC 68116 b
960	960
961	961
962	962	SB3198- 27 -LRB103 37984 RLC 68116 b SB3198 - 27 - LRB103 37984 RLC 68116 b
963	963	SB3198 - 27 - LRB103 37984 RLC 68116 b
964	964	1 (ff) Information that is exempted from disclosure
965	965	2 under the Revised Uniform Unclaimed Property Act.
966	966	3 (gg) Information that is prohibited from being
967	967	4 disclosed under Section 7-603.5 of the Illinois Vehicle
968	968	5 Code.
969	969	6 (hh) Records that are exempt from disclosure under
970	970	7 Section 1A-16.7 of the Election Code.
971	971	8 (ii) Information which is exempted from disclosure
972	972	9 under Section 2505-800 of the Department of Revenue Law of
973	973	10 the Civil Administrative Code of Illinois.
974	974	11 (jj) Information and reports that are required to be
975	975	12 submitted to the Department of Labor by registering day
976	976	13 and temporary labor service agencies but are exempt from
977	977	14 disclosure under subsection (a-1) of Section 45 of the Day
978	978	15 and Temporary Labor Services Act.
979	979	16 (kk) Information prohibited from disclosure under the
980	980	17 Seizure and Forfeiture Reporting Act.
981	981	18 (ll) Information the disclosure of which is restricted
982	982	19 and exempted under Section 5-30.8 of the Illinois Public
983	983	20 Aid Code.
984	984	21 (mm) Records that are exempt from disclosure under
985	985	22 Section 4.2 of the Crime Victims Compensation Act.
986	986	23 (nn) Information that is exempt from disclosure under
987	987	24 Section 70 of the Higher Education Student Assistance Act.
988	988	25 (oo) Communications, notes, records, and reports
989	989	26 arising out of a peer support counseling session
990	990
991	991
992	992
993	993
994	994
995	995	SB3198 - 27 - LRB103 37984 RLC 68116 b
996	996
997	997
998	998	SB3198- 28 -LRB103 37984 RLC 68116 b SB3198 - 28 - LRB103 37984 RLC 68116 b
999	999	SB3198 - 28 - LRB103 37984 RLC 68116 b
1000	1000	1 prohibited from disclosure under the First Responders
1001	1001	2 Suicide Prevention Act.
1002	1002	3 (pp) Names and all identifying information relating to
1003	1003	4 an employee of an emergency services provider or law
1004	1004	5 enforcement agency under the First Responders Suicide
1005	1005	6 Prevention Act.
1006	1006	7 (qq) Information and records held by the Department of
1007	1007	8 Public Health and its authorized representatives collected
1008	1008	9 under the Reproductive Health Act.
1009	1009	10 (rr) Information that is exempt from disclosure under
1010	1010	11 the Cannabis Regulation and Tax Act.
1011	1011	12 (ss) Data reported by an employer to the Department of
1012	1012	13 Human Rights pursuant to Section 2-108 of the Illinois
1013	1013	14 Human Rights Act.
1014	1014	15 (tt) Recordings made under the Children's Advocacy
1015	1015	16 Center Act, except to the extent authorized under that
1016	1016	17 Act.
1017	1017	18 (uu) Information that is exempt from disclosure under
1018	1018	19 Section 50 of the Sexual Assault Evidence Submission Act.
1019	1019	20 (vv) Information that is exempt from disclosure under
1020	1020	21 subsections (f) and (j) of Section 5-36 of the Illinois
1021	1021	22 Public Aid Code.
1022	1022	23 (ww) Information that is exempt from disclosure under
1023	1023	24 Section 16.8 of the State Treasurer Act.
1024	1024	25 (xx) Information that is exempt from disclosure or
1025	1025	26 information that shall not be made public under the
1026	1026
1027	1027
1028	1028
1029	1029
1030	1030
1031	1031	SB3198 - 28 - LRB103 37984 RLC 68116 b
1032	1032
1033	1033
1034	1034	SB3198- 29 -LRB103 37984 RLC 68116 b SB3198 - 29 - LRB103 37984 RLC 68116 b
1035	1035	SB3198 - 29 - LRB103 37984 RLC 68116 b
1036	1036	1 Illinois Insurance Code.
1037	1037	2 (yy) Information prohibited from being disclosed under
1038	1038	3 the Illinois Educational Labor Relations Act.
1039	1039	4 (zz) Information prohibited from being disclosed under
1040	1040	5 the Illinois Public Labor Relations Act.
1041	1041	6 (aaa) Information prohibited from being disclosed
1042	1042	7 under Section 1-167 of the Illinois Pension Code.
1043	1043	8 (bbb) Information that is prohibited from disclosure
1044	1044	9 by the Illinois Police Training Act and the Illinois State
1045	1045	10 Police Act.
1046	1046	11 (ccc) Records exempt from disclosure under Section
1047	1047	12 2605-304 of the Illinois State Police Law of the Civil
1048	1048	13 Administrative Code of Illinois.
1049	1049	14 (ddd) Information prohibited from being disclosed
1050	1050	15 under Section 35 of the Address Confidentiality for
1051	1051	16 Victims of Domestic Violence, Sexual Assault, Human
1052	1052	17 Trafficking, or Stalking Act.
1053	1053	18 (eee) Information prohibited from being disclosed
1054	1054	19 under subsection (b) of Section 75 of the Domestic
1055	1055	20 Violence Fatality Review Act.
1056	1056	21 (fff) Images from cameras under the Expressway Camera
1057	1057	22 Act. This subsection (fff) is inoperative on and after
1058	1058	23 July 1, 2025.
1059	1059	24 (ggg) Information prohibited from disclosure under
1060	1060	25 paragraph (3) of subsection (a) of Section 14 of the Nurse
1061	1061	26 Agency Licensing Act.
1062	1062
1063	1063
1064	1064
1065	1065
1066	1066
1067	1067	SB3198 - 29 - LRB103 37984 RLC 68116 b
1068	1068
1069	1069
1070	1070	SB3198- 30 -LRB103 37984 RLC 68116 b SB3198 - 30 - LRB103 37984 RLC 68116 b
1071	1071	SB3198 - 30 - LRB103 37984 RLC 68116 b
1072	1072	1 (hhh) Information submitted to the Illinois State
1073	1073	2 Police in an affidavit or application for an assault
1074	1074	3 weapon endorsement, assault weapon attachment endorsement,
1075	1075	4 .50 caliber rifle endorsement, or .50 caliber cartridge
1076	1076	5 endorsement under the Firearm Owners Identification Card
1077	1077	6 Act.
1078	1078	7 (iii) Data exempt from disclosure under Section 50 of
1079	1079	8 the School Safety Drill Act.
1080	1080	9 (jjj) (hhh) Information exempt from disclosure under
1081	1081	10 Section 30 of the Insurance Data Security Law.
1082	1082	11 (kkk) (iii) Confidential business information
1083	1083	12 prohibited from disclosure under Section 45 of the Paint
1084	1084	13 Stewardship Act.
1085	1085	14 (lll) (Reserved).
1086	1086	15 (mmm) (iii) Information prohibited from being
1087	1087	16 disclosed under subsection (e) of Section 1-129 of the
1088	1088	17 Illinois Power Agency Act.
1089	1089	18 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
1090	1090	19 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
1091	1091	20 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
1092	1092	21 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
1093	1093	22 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
1094	1094	23 eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
1095	1095	24 revised 1-2-24.)
1096	1096	25 (Text of Section after amendment by P.A. 103-472)
1097	1097
1098	1098
1099	1099
1100	1100
1101	1101
1102	1102	SB3198 - 30 - LRB103 37984 RLC 68116 b
1103	1103
1104	1104
1105	1105	SB3198- 31 -LRB103 37984 RLC 68116 b SB3198 - 31 - LRB103 37984 RLC 68116 b
1106	1106	SB3198 - 31 - LRB103 37984 RLC 68116 b
1107	1107	1 Sec. 7.5. Statutory exemptions. To the extent provided for
1108	1108	2 by the statutes referenced below, the following shall be
1109	1109	3 exempt from inspection and copying:
1110	1110	4 (a) All information determined to be confidential
1111	1111	5 under Section 4002 of the Technology Advancement and
1112	1112	6 Development Act.
1113	1113	7 (b) Library circulation and order records identifying
1114	1114	8 library users with specific materials under the Library
1115	1115	9 Records Confidentiality Act.
1116	1116	10 (c) Applications, related documents, and medical
1117	1117	11 records received by the Experimental Organ Transplantation
1118	1118	12 Procedures Board and any and all documents or other
1119	1119	13 records prepared by the Experimental Organ Transplantation
1120	1120	14 Procedures Board or its staff relating to applications it
1121	1121	15 has received.
1122	1122	16 (d) Information and records held by the Department of
1123	1123	17 Public Health and its authorized representatives relating
1124	1124	18 to known or suspected cases of sexually transmissible
1125	1125	19 disease or any information the disclosure of which is
1126	1126	20 restricted under the Illinois Sexually Transmissible
1127	1127	21 Disease Control Act.
1128	1128	22 (e) Information the disclosure of which is exempted
1129	1129	23 under Section 30 of the Radon Industry Licensing Act.
1130	1130	24 (f) Firm performance evaluations under Section 55 of
1131	1131	25 the Architectural, Engineering, and Land Surveying
1132	1132	26 Qualifications Based Selection Act.
1133	1133
1134	1134
1135	1135
1136	1136
1137	1137
1138	1138	SB3198 - 31 - LRB103 37984 RLC 68116 b
1139	1139
1140	1140
1141	1141	SB3198- 32 -LRB103 37984 RLC 68116 b SB3198 - 32 - LRB103 37984 RLC 68116 b
1142	1142	SB3198 - 32 - LRB103 37984 RLC 68116 b
1143	1143	1 (g) Information the disclosure of which is restricted
1144	1144	2 and exempted under Section 50 of the Illinois Prepaid
1145	1145	3 Tuition Act.
1146	1146	4 (h) Information the disclosure of which is exempted
1147	1147	5 under the State Officials and Employees Ethics Act, and
1148	1148	6 records of any lawfully created State or local inspector
1149	1149	7 general's office that would be exempt if created or
1150	1150	8 obtained by an Executive Inspector General's office under
1151	1151	9 that Act.
1152	1152	10 (i) Information contained in a local emergency energy
1153	1153	11 plan submitted to a municipality in accordance with a
1154	1154	12 local emergency energy plan ordinance that is adopted
1155	1155	13 under Section 11-21.5-5 of the Illinois Municipal Code.
1156	1156	14 (j) Information and data concerning the distribution
1157	1157	15 of surcharge moneys collected and remitted by carriers
1158	1158	16 under the Emergency Telephone System Act.
1159	1159	17 (k) Law enforcement officer identification information
1160	1160	18 or driver identification information compiled by a law
1161	1161	19 enforcement agency or the Department of Transportation
1162	1162	20 under Section 11-212 of the Illinois Vehicle Code.
1163	1163	21 (l) Records and information provided to a residential
1164	1164	22 health care facility resident sexual assault and death
1165	1165	23 review team or the Executive Council under the Abuse
1166	1166	24 Prevention Review Team Act.
1167	1167	25 (m) Information provided to the predatory lending
1168	1168	26 database created pursuant to Article 3 of the Residential
1169	1169
1170	1170
1171	1171
1172	1172
1173	1173
1174	1174	SB3198 - 32 - LRB103 37984 RLC 68116 b
1175	1175
1176	1176
1177	1177	SB3198- 33 -LRB103 37984 RLC 68116 b SB3198 - 33 - LRB103 37984 RLC 68116 b
1178	1178	SB3198 - 33 - LRB103 37984 RLC 68116 b
1179	1179	1 Real Property Disclosure Act, except to the extent
1180	1180	2 authorized under that Article.
1181	1181	3 (n) Defense budgets and petitions for certification of
1182	1182	4 compensation and expenses for court appointed trial
1183	1183	5 counsel as provided under Sections 10 and 15 of the
1184	1184	6 Capital Crimes Litigation Act (repealed) or the Capital
1185	1185	7 Crimes Litigation Act of 2024. This subsection (n) shall
1186	1186	8 apply until the conclusion of the trial of the case, even
1187	1187	9 if the prosecution chooses not to pursue the death penalty
1188	1188	10 prior to trial or sentencing.
1189	1189	11 (o) Information that is prohibited from being
1190	1190	12 disclosed under Section 4 of the Illinois Health and
1191	1191	13 Hazardous Substances Registry Act.
1192	1192	14 (p) Security portions of system safety program plans,
1193	1193	15 investigation reports, surveys, schedules, lists, data, or
1194	1194	16 information compiled, collected, or prepared by or for the
1195	1195	17 Department of Transportation under Sections 2705-300 and
1196	1196	18 2705-616 of the Department of Transportation Law of the
1197	1197	19 Civil Administrative Code of Illinois, the Regional
1198	1198	20 Transportation Authority under Section 2.11 of the
1199	1199	21 Regional Transportation Authority Act, or the St. Clair
1200	1200	22 County Transit District under the Bi-State Transit Safety
1201	1201	23 Act (repealed).
1202	1202	24 (q) Information prohibited from being disclosed by the
1203	1203	25 Personnel Record Review Act.
1204	1204	26 (r) Information prohibited from being disclosed by the
1205	1205
1206	1206
1207	1207
1208	1208
1209	1209
1210	1210	SB3198 - 33 - LRB103 37984 RLC 68116 b
1211	1211
1212	1212
1213	1213	SB3198- 34 -LRB103 37984 RLC 68116 b SB3198 - 34 - LRB103 37984 RLC 68116 b
1214	1214	SB3198 - 34 - LRB103 37984 RLC 68116 b
1215	1215	1 Illinois School Student Records Act.
1216	1216	2 (s) Information the disclosure of which is restricted
1217	1217	3 under Section 5-108 of the Public Utilities Act.
1218	1218	4 (t) (Blank).
1219	1219	5 (u) Records and information provided to an independent
1220	1220	6 team of experts under the Developmental Disability and
1221	1221	7 Mental Health Safety Act (also known as Brian's Law).
1222	1222	8 (v) Names and information of people who have applied
1223	1223	9 for or received Firearm Owner's Identification Cards under
1224	1224	10 the Firearm Owners Identification Card Act or applied for
1225	1225	11 or received a concealed carry license under the Firearm
1226	1226	12 Concealed Carry Act, unless otherwise authorized by the
1227	1227	13 Firearm Concealed Carry Act; and databases under the
1228	1228	14 Firearm Concealed Carry Act, records of the Concealed
1229	1229	15 Carry Licensing Review Board under the Firearm Concealed
1230	1230	16 Carry Act, and law enforcement agency objections under the
1231	1231	17 Firearm Concealed Carry Act.
1232	1232	18 (v-5) Records of the Firearm Owner's Identification
1233	1233	19 Card Review Board that are exempted from disclosure under
1234	1234	20 Section 10 of the Firearm Owners Identification Card Act.
1235	1235	21 (w) Personally identifiable information which is
1236	1236	22 exempted from disclosure under subsection (g) of Section
1237	1237	23 19.1 of the Toll Highway Act.
1238	1238	24 (x) Information which is exempted from disclosure
1239	1239	25 under Section 5-1014.3 of the Counties Code or Section
1240	1240	26 8-11-21 of the Illinois Municipal Code.
1241	1241
1242	1242
1243	1243
1244	1244
1245	1245
1246	1246	SB3198 - 34 - LRB103 37984 RLC 68116 b
1247	1247
1248	1248
1249	1249	SB3198- 35 -LRB103 37984 RLC 68116 b SB3198 - 35 - LRB103 37984 RLC 68116 b
1250	1250	SB3198 - 35 - LRB103 37984 RLC 68116 b
1251	1251	1 (y) Confidential information under the Adult
1252	1252	2 Protective Services Act and its predecessor enabling
1253	1253	3 statute, the Elder Abuse and Neglect Act, including
1254	1254	4 information about the identity and administrative finding
1255	1255	5 against any caregiver of a verified and substantiated
1256	1256	6 decision of abuse, neglect, or financial exploitation of
1257	1257	7 an eligible adult maintained in the Registry established
1258	1258	8 under Section 7.5 of the Adult Protective Services Act.
1259	1259	9 (z) Records and information provided to a fatality
1260	1260	10 review team or the Illinois Fatality Review Team Advisory
1261	1261	11 Council under Section 15 of the Adult Protective Services
1262	1262	12 Act.
1263	1263	13 (aa) Information which is exempted from disclosure
1264	1264	14 under Section 2.37 of the Wildlife Code.
1265	1265	15 (bb) Information which is or was prohibited from
1266	1266	16 disclosure by the Juvenile Court Act of 1987.
1267	1267	17 (cc) Recordings made under the Law Enforcement
1268	1268	18 Officer-Worn Body Camera Act, except to the extent
1269	1269	19 authorized under that Act.
1270	1270	20 (dd) Information that is prohibited from being
1271	1271	21 disclosed under Section 45 of the Condominium and Common
1272	1272	22 Interest Community Ombudsperson Act.
1273	1273	23 (ee) Information that is exempted from disclosure
1274	1274	24 under Section 30.1 of the Pharmacy Practice Act.
1275	1275	25 (ff) Information that is exempted from disclosure
1276	1276	26 under the Revised Uniform Unclaimed Property Act.
1277	1277
1278	1278
1279	1279
1280	1280
1281	1281
1282	1282	SB3198 - 35 - LRB103 37984 RLC 68116 b
1283	1283
1284	1284
1285	1285	SB3198- 36 -LRB103 37984 RLC 68116 b SB3198 - 36 - LRB103 37984 RLC 68116 b
1286	1286	SB3198 - 36 - LRB103 37984 RLC 68116 b
1287	1287	1 (gg) Information that is prohibited from being
1288	1288	2 disclosed under Section 7-603.5 of the Illinois Vehicle
1289	1289	3 Code.
1290	1290	4 (hh) Records that are exempt from disclosure under
1291	1291	5 Section 1A-16.7 of the Election Code.
1292	1292	6 (ii) Information which is exempted from disclosure
1293	1293	7 under Section 2505-800 of the Department of Revenue Law of
1294	1294	8 the Civil Administrative Code of Illinois.
1295	1295	9 (jj) Information and reports that are required to be
1296	1296	10 submitted to the Department of Labor by registering day
1297	1297	11 and temporary labor service agencies but are exempt from
1298	1298	12 disclosure under subsection (a-1) of Section 45 of the Day
1299	1299	13 and Temporary Labor Services Act.
1300	1300	14 (kk) Information prohibited from disclosure under the
1301	1301	15 Seizure and Forfeiture Reporting Act.
1302	1302	16 (ll) Information the disclosure of which is restricted
1303	1303	17 and exempted under Section 5-30.8 of the Illinois Public
1304	1304	18 Aid Code.
1305	1305	19 (mm) Records that are exempt from disclosure under
1306	1306	20 Section 4.2 of the Crime Victims Compensation Act.
1307	1307	21 (nn) Information that is exempt from disclosure under
1308	1308	22 Section 70 of the Higher Education Student Assistance Act.
1309	1309	23 (oo) Communications, notes, records, and reports
1310	1310	24 arising out of a peer support counseling session
1311	1311	25 prohibited from disclosure under the First Responders
1312	1312	26 Suicide Prevention Act.
1313	1313
1314	1314
1315	1315
1316	1316
1317	1317
1318	1318	SB3198 - 36 - LRB103 37984 RLC 68116 b
1319	1319
1320	1320
1321	1321	SB3198- 37 -LRB103 37984 RLC 68116 b SB3198 - 37 - LRB103 37984 RLC 68116 b
1322	1322	SB3198 - 37 - LRB103 37984 RLC 68116 b
1323	1323	1 (pp) Names and all identifying information relating to
1324	1324	2 an employee of an emergency services provider or law
1325	1325	3 enforcement agency under the First Responders Suicide
1326	1326	4 Prevention Act.
1327	1327	5 (qq) Information and records held by the Department of
1328	1328	6 Public Health and its authorized representatives collected
1329	1329	7 under the Reproductive Health Act.
1330	1330	8 (rr) Information that is exempt from disclosure under
1331	1331	9 the Cannabis Regulation and Tax Act.
1332	1332	10 (ss) Data reported by an employer to the Department of
1333	1333	11 Human Rights pursuant to Section 2-108 of the Illinois
1334	1334	12 Human Rights Act.
1335	1335	13 (tt) Recordings made under the Children's Advocacy
1336	1336	14 Center Act, except to the extent authorized under that
1337	1337	15 Act.
1338	1338	16 (uu) Information that is exempt from disclosure under
1339	1339	17 Section 50 of the Sexual Assault Evidence Submission Act.
1340	1340	18 (vv) Information that is exempt from disclosure under
1341	1341	19 subsections (f) and (j) of Section 5-36 of the Illinois
1342	1342	20 Public Aid Code.
1343	1343	21 (ww) Information that is exempt from disclosure under
1344	1344	22 Section 16.8 of the State Treasurer Act.
1345	1345	23 (xx) Information that is exempt from disclosure or
1346	1346	24 information that shall not be made public under the
1347	1347	25 Illinois Insurance Code.
1348	1348	26 (yy) Information prohibited from being disclosed under
1349	1349
1350	1350
1351	1351
1352	1352
1353	1353
1354	1354	SB3198 - 37 - LRB103 37984 RLC 68116 b
1355	1355
1356	1356
1357	1357	SB3198- 38 -LRB103 37984 RLC 68116 b SB3198 - 38 - LRB103 37984 RLC 68116 b
1358	1358	SB3198 - 38 - LRB103 37984 RLC 68116 b
1359	1359	1 the Illinois Educational Labor Relations Act.
1360	1360	2 (zz) Information prohibited from being disclosed under
1361	1361	3 the Illinois Public Labor Relations Act.
1362	1362	4 (aaa) Information prohibited from being disclosed
1363	1363	5 under Section 1-167 of the Illinois Pension Code.
1364	1364	6 (bbb) Information that is prohibited from disclosure
1365	1365	7 by the Illinois Police Training Act and the Illinois State
1366	1366	8 Police Act.
1367	1367	9 (ccc) Records exempt from disclosure under Section
1368	1368	10 2605-304 of the Illinois State Police Law of the Civil
1369	1369	11 Administrative Code of Illinois.
1370	1370	12 (ddd) Information prohibited from being disclosed
1371	1371	13 under Section 35 of the Address Confidentiality for
1372	1372	14 Victims of Domestic Violence, Sexual Assault, Human
1373	1373	15 Trafficking, or Stalking Act.
1374	1374	16 (eee) Information prohibited from being disclosed
1375	1375	17 under subsection (b) of Section 75 of the Domestic
1376	1376	18 Violence Fatality Review Act.
1377	1377	19 (fff) Images from cameras under the Expressway Camera
1378	1378	20 Act. This subsection (fff) is inoperative on and after
1379	1379	21 July 1, 2025.
1380	1380	22 (ggg) Information prohibited from disclosure under
1381	1381	23 paragraph (3) of subsection (a) of Section 14 of the Nurse
1382	1382	24 Agency Licensing Act.
1383	1383	25 (hhh) Information submitted to the Illinois State
1384	1384	26 Police in an affidavit or application for an assault
1385	1385
1386	1386
1387	1387
1388	1388
1389	1389
1390	1390	SB3198 - 38 - LRB103 37984 RLC 68116 b
1391	1391
1392	1392
1393	1393	SB3198- 39 -LRB103 37984 RLC 68116 b SB3198 - 39 - LRB103 37984 RLC 68116 b
1394	1394	SB3198 - 39 - LRB103 37984 RLC 68116 b
1395	1395	1 weapon endorsement, assault weapon attachment endorsement,
1396	1396	2 .50 caliber rifle endorsement, or .50 caliber cartridge
1397	1397	3 endorsement under the Firearm Owners Identification Card
1398	1398	4 Act.
1399	1399	5 (iii) Data exempt from disclosure under Section 50 of
1400	1400	6 the School Safety Drill Act.
1401	1401	7 (jjj) (hhh) Information exempt from disclosure under
1402	1402	8 Section 30 of the Insurance Data Security Law.
1403	1403	9 (kkk) (iii) Confidential business information
1404	1404	10 prohibited from disclosure under Section 45 of the Paint
1405	1405	11 Stewardship Act.
1406	1406	12 (lll) (iii) Data exempt from disclosure under Section
1407	1407	13 2-3.196 of the School Code.
1408	1408	14 (mmm) (iii) Information prohibited from being
1409	1409	15 disclosed under subsection (e) of Section 1-129 of the
1410	1410	16 Illinois Power Agency Act.
1411	1411	17 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
1412	1412	18 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
1413	1413	19 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
1414	1414	20 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
1415	1415	21 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
1416	1416	22 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
1417	1417	23 103-580, eff. 12-8-23; revised 1-2-24.)
1418	1418	24 Section 95. The State Finance Act is amended by adding
1419	1419	25 Section 5.1015 as follows:
1420	1420
1421	1421
1422	1422
1423	1423
1424	1424
1425	1425	SB3198 - 39 - LRB103 37984 RLC 68116 b
1426	1426
1427	1427
1428	1428	SB3198- 40 -LRB103 37984 RLC 68116 b SB3198 - 40 - LRB103 37984 RLC 68116 b
1429	1429	SB3198 - 40 - LRB103 37984 RLC 68116 b
1430	1430	1 (30 ILCS 105/5.1015 new)
1431	1431	2 Sec. 5.1015. The Capital Litigation Trust Fund.
1432	1432	3 (30 ILCS 105/5.790 rep.)
1433	1433	4 Section 100. The State Finance Act is amended by repealing
1434	1434	5 Section 5.790.
1435	1435	6 Section 105. The Code of Criminal Procedure of 1963 is
1436	1436	7 amended by changing Sections 113-3 and 119-1 as follows:
1437	1437	8 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
1438	1438	9 Sec. 113-3. (a) Every person charged with an offense shall
1439	1439	10 be allowed counsel before pleading to the charge. If the
1440	1440	11 defendant desires counsel and has been unable to obtain same
1441	1441	12 before arraignment the court shall recess court or continue
1442	1442	13 the cause for a reasonable time to permit defendant to obtain
1443	1443	14 counsel and consult with him before pleading to the charge. If
1444	1444	15 the accused is a dissolved corporation, and is not represented
1445	1445	16 by counsel, the court may, in the interest of justice, appoint
1446	1446	17 as counsel a licensed attorney of this State.
1447	1447	18 (b) In all cases, except where the penalty is a fine only,
1448	1448	19 if the court determines that the defendant is indigent and
1449	1449	20 desires counsel, the Public Defender shall be appointed as
1450	1450	21 counsel. If there is no Public Defender in the county or if the
1451	1451	22 defendant requests counsel other than the Public Defender and
1452	1452
1453	1453
1454	1454
1455	1455
1456	1456
1457	1457	SB3198 - 40 - LRB103 37984 RLC 68116 b
1458	1458
1459	1459
1460	1460	SB3198- 41 -LRB103 37984 RLC 68116 b SB3198 - 41 - LRB103 37984 RLC 68116 b
1461	1461	SB3198 - 41 - LRB103 37984 RLC 68116 b
1462	1462	1 the court finds that the rights of the defendant will be
1463	1463	2 prejudiced by the appointment of the Public Defender, the
1464	1464	3 court shall appoint as counsel a licensed attorney at law of
1465	1465	4 this State, except that in a county having a population of
1466	1466	5 2,000,000 or more the Public Defender shall be appointed as
1467	1467	6 counsel in all misdemeanor cases where the defendant is
1468	1468	7 indigent and desires counsel unless the case involves multiple
1469	1469	8 defendants, in which case the court may appoint counsel other
1470	1470	9 than the Public Defender for the additional defendants. The
1471	1471	10 court shall require an affidavit signed by any defendant who
1472	1472	11 requests court-appointed counsel. Such affidavit shall be in
1473	1473	12 the form established by the Supreme Court containing
1474	1474	13 sufficient information to ascertain the assets and liabilities
1475	1475	14 of that defendant. The Court may direct the Clerk of the
1476	1476	15 Circuit Court to assist the defendant in the completion of the
1477	1477	16 affidavit. Any person who knowingly files such affidavit
1478	1478	17 containing false information concerning his assets and
1479	1479	18 liabilities shall be liable to the county where the case, in
1480	1480	19 which such false affidavit is filed, is pending for the
1481	1481	20 reasonable value of the services rendered by the public
1482	1482	21 defender or other court-appointed counsel in the case to the
1483	1483	22 extent that such services were unjustly or falsely procured.
1484	1484	23 (c) Upon the filing with the court of a verified statement
1485	1485	24 of services rendered the court shall order the county
1486	1486	25 treasurer of the county of trial to pay counsel other than the
1487	1487	26 Public Defender a reasonable fee. The court shall consider all
1488	1488
1489	1489
1490	1490
1491	1491
1492	1492
1493	1493	SB3198 - 41 - LRB103 37984 RLC 68116 b
1494	1494
1495	1495
1496	1496	SB3198- 42 -LRB103 37984 RLC 68116 b SB3198 - 42 - LRB103 37984 RLC 68116 b
1497	1497	SB3198 - 42 - LRB103 37984 RLC 68116 b
1498	1498	1 relevant circumstances, including but not limited to the time
1499	1499	2 spent while court is in session, other time spent in
1500	1500	3 representing the defendant, and expenses reasonably incurred
1501	1501	4 by counsel. In counties with a population greater than
1502	1502	5 2,000,000, the court shall order the county treasurer of the
1503	1503	6 county of trial to pay counsel other than the Public Defender a
1504	1504	7 reasonable fee stated in the order and based upon a rate of
1505	1505	8 compensation of not more than $40 for each hour spent while
1506	1506	9 court is in session and not more than $30 for each hour
1507	1507	10 otherwise spent representing a defendant, and such
1508	1508	11 compensation shall not exceed $150 for each defendant
1509	1509	12 represented in misdemeanor cases and $1250 in felony cases, in
1510	1510	13 addition to expenses reasonably incurred as hereinafter in
1511	1511	14 this Section provided, except that, in extraordinary
1512	1512	15 circumstances, payment in excess of the limits herein stated
1513	1513	16 may be made if the trial court certifies that such payment is
1514	1514	17 necessary to provide fair compensation for protracted
1515	1515	18 representation. A trial court may entertain the filing of this
1516	1516	19 verified statement before the termination of the cause, and
1517	1517	20 may order the provisional payment of sums during the pendency
1518	1518	21 of the cause.
1519	1519	22 (d) In capital cases, in addition to counsel, if the court
1520	1520	23 determines that the defendant is indigent the court may, upon
1521	1521	24 the filing with the court of a verified statement of services
1522	1522	25 rendered, order the county Treasurer of the county of trial to
1523	1523	26 pay necessary expert witnesses for defendant reasonable
1524	1524
1525	1525
1526	1526
1527	1527
1528	1528
1529	1529	SB3198 - 42 - LRB103 37984 RLC 68116 b
1530	1530
1531	1531
1532	1532	SB3198- 43 -LRB103 37984 RLC 68116 b SB3198 - 43 - LRB103 37984 RLC 68116 b
1533	1533	SB3198 - 43 - LRB103 37984 RLC 68116 b
1534	1534	1 compensation stated in the order not to exceed $250 for each
1535	1535	2 defendant.
1536	1536	3 (e) If the court in any county having a population greater
1537	1537	4 than 2,000,000 determines that the defendant is indigent the
1538	1538	5 court may, upon the filing with the court of a verified
1539	1539	6 statement of such expenses, order the county treasurer of the
1540	1540	7 county of trial, in such counties having a population greater
1541	1541	8 than 2,000,000 to pay the general expenses of the trial
1542	1542	9 incurred by the defendant not to exceed $50 for each
1543	1543	10 defendant.
1544	1544	11 (f) The provisions of this Section relating to appointment
1545	1545	12 of counsel, compensation of counsel, and payment of expenses
1546	1546	13 in capital cases apply except when the compensation and
1547	1547	14 expenses are being provided under the Capital Crimes
1548	1548	15 Litigation Act of 2024.
1549	1549	16 (Source: P.A. 91-589, eff. 1-1-00.)
1550	1550	17 (725 ILCS 5/119-1)
1551	1551	18 Sec. 119-1. Death penalty restored abolished.
1552	1552	19 (a) (Blank). Beginning on the effective date of this
1553	1553	20 amendatory Act of the 96th General Assembly, notwithstanding
1554	1554	21 any other law to the contrary, the death penalty is abolished
1555	1555	22 and a sentence to death may not be imposed.
1556	1556	23 (b) All unobligated and unexpended moneys remaining in the
1557	1557	24 Capital Litigation Trust Fund on the effective date of this
1558	1558	25 amendatory Act of the 96th General Assembly shall be
1559	1559
1560	1560
1561	1561
1562	1562
1563	1563
1564	1564	SB3198 - 43 - LRB103 37984 RLC 68116 b
1565	1565
1566	1566
1567	1567	SB3198- 44 -LRB103 37984 RLC 68116 b SB3198 - 44 - LRB103 37984 RLC 68116 b
1568	1568	SB3198 - 44 - LRB103 37984 RLC 68116 b
1569	1569	1 transferred into the Death Penalty Abolition Fund on the
1570	1570	2 effective date of this amendatory Act of the 103rd General
1571	1571	3 Assembly shall be transferred into the Capital Litigation
1572	1572	4 Trust Fund , a special fund in the State treasury, to be
1573	1573	5 expended by the Illinois Criminal Justice Information
1574	1574	6 Authority, for services for families of victims of homicide or
1575	1575	7 murder and for training of law enforcement personnel.
1576	1576	8 (Source: P.A. 96-1543, eff. 7-1-11.)
1577	1577	9 Section 110. The State Appellate Defender Act is amended
1578	1578	10 by changing Section 10 as follows:
1579	1579	11 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
1580	1580	12 Sec. 10. Powers and duties of State Appellate Defender.
1581	1581	13 (a) The State Appellate Defender shall represent indigent
1582	1582	14 persons on appeal in criminal and delinquent minor
1583	1583	15 proceedings, when appointed to do so by a court under a Supreme
1584	1584	16 Court Rule or law of this State.
1585	1585	17 (b) The State Appellate Defender shall submit a budget for
1586	1586	18 the approval of the State Appellate Defender Commission.
1587	1587	19 (c) The State Appellate Defender may:
1588	1588	20 (1) maintain a panel of private attorneys available to
1589	1589	21 serve as counsel on a case basis;
1590	1590	22 (2) establish programs, alone or in conjunction with
1591	1591	23 law schools, for the purpose of utilizing volunteer law
1592	1592	24 students as legal assistants;
1593	1593
1594	1594
1595	1595
1596	1596
1597	1597
1598	1598	SB3198 - 44 - LRB103 37984 RLC 68116 b
1599	1599
1600	1600
1601	1601	SB3198- 45 -LRB103 37984 RLC 68116 b SB3198 - 45 - LRB103 37984 RLC 68116 b
1602	1602	SB3198 - 45 - LRB103 37984 RLC 68116 b
1603	1603	1 (3) cooperate and consult with state agencies,
1604	1604	2 professional associations, and other groups concerning the
1605	1605	3 causes of criminal conduct, the rehabilitation and
1606	1606	4 correction of persons charged with and convicted of crime,
1607	1607	5 the administration of criminal justice, and, in counties
1608	1608	6 of less than 1,000,000 population, study, design, develop
1609	1609	7 and implement model systems for the delivery of trial
1610	1610	8 level defender services, and make an annual report to the
1611	1611	9 General Assembly;
1612	1612	10 (4) hire investigators to provide investigative
1613	1613	11 services to appointed counsel and county public defenders;
1614	1614	12 (5) (blank);
1615	1615	13 (5.1) in cases in which a death sentence is an
1616	1616	14 authorized disposition, provide trial counsel with legal
1617	1617	15 assistance and the assistance of expert witnesses,
1618	1618	16 investigators, and mitigation specialists from funds
1619	1619	17 appropriated to the State Appellate Defender specifically
1620	1620	18 for that purpose by the General Assembly. The Office of
1621	1621	19 State Appellate Defender shall not be appointed to serve
1622	1622	20 as trial counsel in capital cases;
1623	1623	21 (5.5) provide training to county public defenders;
1624	1624	22 (5.7) provide county public defenders with the
1625	1625	23 assistance of expert witnesses and investigators from
1626	1626	24 funds appropriated to the State Appellate Defender
1627	1627	25 specifically for that purpose by the General Assembly. The
1628	1628	26 Office of the State Appellate Defender shall not be
1629	1629
1630	1630
1631	1631
1632	1632
1633	1633
1634	1634	SB3198 - 45 - LRB103 37984 RLC 68116 b
1635	1635
1636	1636
1637	1637	SB3198- 46 -LRB103 37984 RLC 68116 b SB3198 - 46 - LRB103 37984 RLC 68116 b
1638	1638	SB3198 - 46 - LRB103 37984 RLC 68116 b
1639	1639	1 appointed to act as trial counsel;
1640	1640	2 (6) develop a Juvenile Defender Resource Center to:
1641	1641	3 (i) study, design, develop, and implement model systems
1642	1642	4 for the delivery of trial level defender services for
1643	1643	5 juveniles in the justice system; (ii) in cases in which a
1644	1644	6 sentence of incarceration or an adult sentence, or both,
1645	1645	7 is an authorized disposition, provide trial counsel with
1646	1646	8 legal advice and the assistance of expert witnesses and
1647	1647	9 investigators from funds appropriated to the Office of the
1648	1648	10 State Appellate Defender by the General Assembly
1649	1649	11 specifically for that purpose; (iii) develop and provide
1650	1650	12 training to public defenders on juvenile justice issues,
1651	1651	13 utilizing resources including the State and local bar
1652	1652	14 associations, the Illinois Public Defender Association,
1653	1653	15 law schools, the Midwest Juvenile Defender Center, and pro
1654	1654	16 bono efforts by law firms; and (iv) make an annual report
1655	1655	17 to the General Assembly.
1656	1656	18 Investigators employed by the Capital Trial Assistance
1657	1657	19 Unit and Capital Post Conviction Unit of the State Appellate
1658	1658	20 Defender shall be authorized to inquire through the Illinois
1659	1659	21 State Police or local law enforcement with the Law Enforcement
1660	1660	22 Agencies Data System (LEADS) under Section 2605-375 of the
1661	1661	23 Civil Administrative Code of Illinois to ascertain whether
1662	1662	24 their potential witnesses have a criminal background,
1663	1663	25 including, but not limited to: (i) warrants; (ii) arrests;
1664	1664	26 (iii) convictions; and (iv) officer safety information. This
1665	1665
1666	1666
1667	1667
1668	1668
1669	1669
1670	1670	SB3198 - 46 - LRB103 37984 RLC 68116 b
1671	1671
1672	1672
1673	1673	SB3198- 47 -LRB103 37984 RLC 68116 b SB3198 - 47 - LRB103 37984 RLC 68116 b
1674	1674	SB3198 - 47 - LRB103 37984 RLC 68116 b
1675	1675	1 authorization applies only to information held on the State
1676	1676	2 level and shall be used only to protect the personal safety of
1677	1677	3 the investigators. Any information that is obtained through
1678	1678	4 this inquiry may not be disclosed by the investigators.
1679	1679	5 (c-5) For each State fiscal year, the State Appellate
1680	1680	6 Defender shall request a direct appropriation from the Capital
1681	1681	7 Litigation Trust Fund for expenses incurred by the State
1682	1682	8 Appellate Defender in providing assistance to trial attorneys
1683	1683	9 under paragraph (5.1) of subsection (c) of this Section and
1684	1684	10 for expenses incurred by the State Appellate Defender in
1685	1685	11 representing petitioners in capital cases in post-conviction
1686	1686	12 proceedings under Article 122 of the Code of Criminal
1687	1687	13 Procedure of 1963 and in relation to petitions filed under
1688	1688	14 Section 2-1401 of the Code of Civil Procedure in relation to
1689	1689	15 capital cases and for the representation of those petitioners
1690	1690	16 by attorneys approved by or contracted with the State
1691	1691	17 Appellate Defender and an appropriation to the State Treasurer
1692	1692	18 for payments from the Trust Fund for the defense of cases in
1693	1693	19 counties other than Cook County. The State Appellate Defender
1694	1694	20 may appear before the General Assembly at other times during
1695	1695	21 the State's fiscal year to request supplemental appropriations
1696	1696	22 from the Trust Fund to the State Treasurer.
1697	1697	23 (d) (Blank).
1698	1698	24 (e) The requirement for reporting to the General Assembly
1699	1699	25 shall be satisfied by filing copies of the report as required
1700	1700	26 by Section 3.1 of the General Assembly Organization Act and
1701	1701
1702	1702
1703	1703
1704	1704
1705	1705
1706	1706	SB3198 - 47 - LRB103 37984 RLC 68116 b
1707	1707
1708	1708
1709	1709	SB3198- 48 -LRB103 37984 RLC 68116 b SB3198 - 48 - LRB103 37984 RLC 68116 b
1710	1710	SB3198 - 48 - LRB103 37984 RLC 68116 b
1711	1711	1 filing such additional copies with the State Government Report
1712	1712	2 Distribution Center for the General Assembly as is required
1713	1713	3 under paragraph (t) of Section 7 of the State Library Act.
1714	1714	4 (Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)
1715	1715	5 Section 115. The Unified Code of Corrections is amended by
1716	1716	6 changing Section 5-8-1 as follows:
1717	1717	7 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
1718	1718	8 Sec. 5-8-1. Natural life imprisonment; enhancements for
1719	1719	9 use of a firearm; mandatory supervised release terms.
1720	1720	10 (a) Except as otherwise provided in the statute defining
1721	1721	11 the offense or in Article 4.5 of Chapter V, a sentence of
1722	1722	12 imprisonment for a felony shall be a determinate sentence set
1723	1723	13 by the court under this Section, subject to Section 5-4.5-115
1724	1724	14 of this Code, according to the following limitations:
1725	1725	15 (1) for first degree murder,
1726	1726	16 (a) (blank),
1727	1727	17 (b) if a trier of fact finds beyond a reasonable
1728	1728	18 doubt that the murder was accompanied by exceptionally
1729	1729	19 brutal or heinous behavior indicative of wanton
1730	1730	20 cruelty or, except as set forth in subsection
1731	1731	21 (a)(1)(c) of this Section, that any of the aggravating
1732	1732	22 factors listed in subparagraph (b-5) are present, the
1733	1733	23 court may sentence the defendant, subject to Section
1734	1734	24 5-4.5-105, to a term of natural life imprisonment, or
1735	1735
1736	1736
1737	1737
1738	1738
1739	1739
1740	1740	SB3198 - 48 - LRB103 37984 RLC 68116 b
1741	1741
1742	1742
1743	1743	SB3198- 49 -LRB103 37984 RLC 68116 b SB3198 - 49 - LRB103 37984 RLC 68116 b
1744	1744	SB3198 - 49 - LRB103 37984 RLC 68116 b
1745	1745	1 (b-5) A defendant who at the time of the
1746	1746	2 commission of the offense has attained the age of 18 or
1747	1747	3 more and who has been found guilty of first degree
1748	1748	4 murder may be sentenced to a term of natural life
1749	1749	5 imprisonment if:
1750	1750	6 (1) the murdered individual was an inmate at
1751	1751	7 an institution or facility of the Department of
1752	1752	8 Corrections, or any similar local correctional
1753	1753	9 agency and was killed on the grounds thereof, or
1754	1754	10 the murdered individual was otherwise present in
1755	1755	11 such institution or facility with the knowledge
1756	1756	12 and approval of the chief administrative officer
1757	1757	13 thereof;
1758	1758	14 (2) the murdered individual was killed as a
1759	1759	15 result of the hijacking of an airplane, train,
1760	1760	16 ship, bus, or other public conveyance;
1761	1761	17 (3) the defendant committed the murder
1762	1762	18 pursuant to a contract, agreement, or
1763	1763	19 understanding by which he or she was to receive
1764	1764	20 money or anything of value in return for
1765	1765	21 committing the murder or procured another to
1766	1766	22 commit the murder for money or anything of value;
1767	1767	23 (4) the murdered individual was killed in the
1768	1768	24 course of another felony if:
1769	1769	25 (A) the murdered individual:
1770	1770	26 (i) was actually killed by the
1771	1771
1772	1772
1773	1773
1774	1774
1775	1775
1776	1776	SB3198 - 49 - LRB103 37984 RLC 68116 b
1777	1777
1778	1778
1779	1779	SB3198- 50 -LRB103 37984 RLC 68116 b SB3198 - 50 - LRB103 37984 RLC 68116 b
1780	1780	SB3198 - 50 - LRB103 37984 RLC 68116 b
1781	1781	1 defendant, or
1782	1782	2 (ii) received physical injuries
1783	1783	3 personally inflicted by the defendant
1784	1784	4 substantially contemporaneously with
1785	1785	5 physical injuries caused by one or more
1786	1786	6 persons for whose conduct the defendant is
1787	1787	7 legally accountable under Section 5-2 of
1788	1788	8 this Code, and the physical injuries
1789	1789	9 inflicted by either the defendant or the
1790	1790	10 other person or persons for whose conduct
1791	1791	11 he is legally accountable caused the death
1792	1792	12 of the murdered individual; and (B) in
1793	1793	13 performing the acts which caused the death
1794	1794	14 of the murdered individual or which
1795	1795	15 resulted in physical injuries personally
1796	1796	16 inflicted by the defendant on the murdered
1797	1797	17 individual under the circumstances of
1798	1798	18 subdivision (ii) of clause (A) of this
1799	1799	19 clause (4), the defendant acted with the
1800	1800	20 intent to kill the murdered individual or
1801	1801	21 with the knowledge that his or her acts
1802	1802	22 created a strong probability of death or
1803	1803	23 great bodily harm to the murdered
1804	1804	24 individual or another; and
1805	1805	25 (B) in performing the acts which caused
1806	1806	26 the death of the murdered individual or which
1807	1807
1808	1808
1809	1809
1810	1810
1811	1811
1812	1812	SB3198 - 50 - LRB103 37984 RLC 68116 b
1813	1813
1814	1814
1815	1815	SB3198- 51 -LRB103 37984 RLC 68116 b SB3198 - 51 - LRB103 37984 RLC 68116 b
1816	1816	SB3198 - 51 - LRB103 37984 RLC 68116 b
1817	1817	1 resulted in physical injuries personally
1818	1818	2 inflicted by the defendant on the murdered
1819	1819	3 individual under the circumstances of
1820	1820	4 subdivision (ii) of clause (A) of this clause
1821	1821	5 (4), the defendant acted with the intent to
1822	1822	6 kill the murdered individual or with the
1823	1823	7 knowledge that his or her acts created a
1824	1824	8 strong probability of death or great bodily
1825	1825	9 harm to the murdered individual or another;
1826	1826	10 and
1827	1827	11 (C) the other felony was an inherently
1828	1828	12 violent crime or the attempt to commit an
1829	1829	13 inherently violent crime. In this clause (C),
1830	1830	14 "inherently violent crime" includes, but is
1831	1831	15 not limited to, armed robbery, robbery,
1832	1832	16 predatory criminal sexual assault of a child,
1833	1833	17 aggravated criminal sexual assault, aggravated
1834	1834	18 kidnapping, aggravated vehicular hijacking,
1835	1835	19 aggravated arson, aggravated stalking,
1836	1836	20 residential burglary, and home invasion;
1837	1837	21 (5) the defendant committed the murder with
1838	1838	22 intent to prevent the murdered individual from
1839	1839	23 testifying or participating in any criminal
1840	1840	24 investigation or prosecution or giving material
1841	1841	25 assistance to the State in any investigation or
1842	1842	26 prosecution, either against the defendant or
1843	1843
1844	1844
1845	1845
1846	1846
1847	1847
1848	1848	SB3198 - 51 - LRB103 37984 RLC 68116 b
1849	1849
1850	1850
1851	1851	SB3198- 52 -LRB103 37984 RLC 68116 b SB3198 - 52 - LRB103 37984 RLC 68116 b
1852	1852	SB3198 - 52 - LRB103 37984 RLC 68116 b
1853	1853	1 another; or the defendant committed the murder
1854	1854	2 because the murdered individual was a witness in
1855	1855	3 any prosecution or gave material assistance to the
1856	1856	4 State in any investigation or prosecution, either
1857	1857	5 against the defendant or another; for purposes of
1858	1858	6 this clause (5), "participating in any criminal
1859	1859	7 investigation or prosecution" is intended to
1860	1860	8 include those appearing in the proceedings in any
1861	1861	9 capacity such as trial judges, prosecutors,
1862	1862	10 defense attorneys, investigators, witnesses, or
1863	1863	11 jurors;
1864	1864	12 (6) the defendant, while committing an offense
1865	1865	13 punishable under Section 401, 401.1, 401.2, 405,
1866	1866	14 405.2, 407 or 407.1 or subsection (b) of Section
1867	1867	15 404 of the Illinois Controlled Substances Act, or
1868	1868	16 while engaged in a conspiracy or solicitation to
1869	1869	17 commit such offense, intentionally killed an
1870	1870	18 individual or counseled, commanded, induced,
1871	1871	19 procured or caused the intentional killing of the
1872	1872	20 murdered individual;
1873	1873	21 (7) the defendant was incarcerated in an
1874	1874	22 institution or facility of the Department of
1875	1875	23 Corrections at the time of the murder, and while
1876	1876	24 committing an offense punishable as a felony under
1877	1877	25 Illinois law, or while engaged in a conspiracy or
1878	1878	26 solicitation to commit such offense, intentionally
1879	1879
1880	1880
1881	1881
1882	1882
1883	1883
1884	1884	SB3198 - 52 - LRB103 37984 RLC 68116 b
1885	1885
1886	1886
1887	1887	SB3198- 53 -LRB103 37984 RLC 68116 b SB3198 - 53 - LRB103 37984 RLC 68116 b
1888	1888	SB3198 - 53 - LRB103 37984 RLC 68116 b
1889	1889	1 killed an individual or counseled, commanded,
1890	1890	2 induced, procured or caused the intentional
1891	1891	3 killing of the murdered individual;
1892	1892	4 (8) the murder was committed in a cold,
1893	1893	5 calculated and premeditated manner pursuant to a
1894	1894	6 preconceived plan, scheme or design to take a
1895	1895	7 human life by unlawful means, and the conduct of
1896	1896	8 the defendant created a reasonable expectation
1897	1897	9 that the death of a human being would result
1898	1898	10 therefrom;
1899	1899	11 (9) the defendant was a principal
1900	1900	12 administrator, organizer, or leader of a
1901	1901	13 calculated criminal drug conspiracy consisting of
1902	1902	14 a hierarchical position of authority superior to
1903	1903	15 that of all other members of the conspiracy, and
1904	1904	16 the defendant counseled, commanded, induced,
1905	1905	17 procured, or caused the intentional killing of the
1906	1906	18 murdered person;
1907	1907	19 (10) the murder was intentional and involved
1908	1908	20 the infliction of torture. For the purpose of this
1909	1909	21 clause (10), torture means the infliction of or
1910	1910	22 subjection to extreme physical pain, motivated by
1911	1911	23 an intent to increase or prolong the pain,
1912	1912	24 suffering or agony of the victim;
1913	1913	25 (11) the murder was committed as a result of
1914	1914	26 the intentional discharge of a firearm by the
1915	1915
1916	1916
1917	1917
1918	1918
1919	1919
1920	1920	SB3198 - 53 - LRB103 37984 RLC 68116 b
1921	1921
1922	1922
1923	1923	SB3198- 54 -LRB103 37984 RLC 68116 b SB3198 - 54 - LRB103 37984 RLC 68116 b
1924	1924	SB3198 - 54 - LRB103 37984 RLC 68116 b
1925	1925	1 defendant from a motor vehicle and the victim was
1926	1926	2 not present within the motor vehicle;
1927	1927	3 (12) the murdered individual was a person with
1928	1928	4 a disability and the defendant knew or should have
1929	1929	5 known that the murdered individual was a person
1930	1930	6 with a disability. For purposes of this clause
1931	1931	7 (12), "person with a disability" means a person
1932	1932	8 who suffers from a permanent physical or mental
1933	1933	9 impairment resulting from disease, an injury, a
1934	1934	10 functional disorder, or a congenital condition
1935	1935	11 that renders the person incapable of adequately
1936	1936	12 providing for his or her own health or personal
1937	1937	13 care;
1938	1938	14 (13) the murdered individual was subject to an
1939	1939	15 order of protection and the murder was committed
1940	1940	16 by a person against whom the same order of
1941	1941	17 protection was issued under the Illinois Domestic
1942	1942	18 Violence Act of 1986;
1943	1943	19 (14) the murdered individual was known by the
1944	1944	20 defendant to be a teacher or other person employed
1945	1945	21 in any school and the teacher or other employee is
1946	1946	22 upon the grounds of a school or grounds adjacent
1947	1947	23 to a school, or is in any part of a building used
1948	1948	24 for school purposes;
1949	1949	25 (15) the murder was committed by the defendant
1950	1950	26 in connection with or as a result of the offense of
1951	1951
1952	1952
1953	1953
1954	1954
1955	1955
1956	1956	SB3198 - 54 - LRB103 37984 RLC 68116 b
1957	1957
1958	1958
1959	1959	SB3198- 55 -LRB103 37984 RLC 68116 b SB3198 - 55 - LRB103 37984 RLC 68116 b
1960	1960	SB3198 - 55 - LRB103 37984 RLC 68116 b
1961	1961	1 terrorism as defined in Section 29D-14.9 of this
1962	1962	2 Code;
1963	1963	3 (16) the murdered individual was a member of a
1964	1964	4 congregation engaged in prayer or other religious
1965	1965	5 activities at a church, synagogue, mosque, or
1966	1966	6 other building, structure, or place used for
1967	1967	7 religious worship; or
1968	1968	8 (17)(i) the murdered individual was a
1969	1969	9 physician, physician assistant, psychologist,
1970	1970	10 nurse, or advanced practice registered nurse;
1971	1971	11 (ii) the defendant knew or should have known
1972	1972	12 that the murdered individual was a physician,
1973	1973	13 physician assistant, psychologist, nurse, or
1974	1974	14 advanced practice registered nurse; and
1975	1975	15 (iii) the murdered individual was killed in
1976	1976	16 the course of acting in his or her capacity as a
1977	1977	17 physician, physician assistant, psychologist,
1978	1978	18 nurse, or advanced practice registered nurse, or
1979	1979	19 to prevent him or her from acting in that
1980	1980	20 capacity, or in retaliation for his or her acting
1981	1981	21 in that capacity.
1982	1982	22 (c) Except as otherwise provided in subparagraph
1983	1983	23 (c-1) of paragraph (1) of subsection (a), the court
1984	1984	24 shall sentence the defendant to a term of natural life
1985	1985	25 imprisonment if the defendant, at the time of the
1986	1986	26 commission of the murder, had attained the age of 18,
1987	1987
1988	1988
1989	1989
1990	1990
1991	1991
1992	1992	SB3198 - 55 - LRB103 37984 RLC 68116 b
1993	1993
1994	1994
1995	1995	SB3198- 56 -LRB103 37984 RLC 68116 b SB3198 - 56 - LRB103 37984 RLC 68116 b
1996	1996	SB3198 - 56 - LRB103 37984 RLC 68116 b
1997	1997	1 and:
1998	1998	2 (i) has previously been convicted of first
1999	1999	3 degree murder under any state or federal law, or
2000	2000	4 (ii) is found guilty of murdering more than
2001	2001	5 one victim, or
2002	2002	6 (iii) is found guilty of murdering a peace
2003	2003	7 officer, fireman, or emergency management worker
2004	2004	8 when the peace officer, fireman, or emergency
2005	2005	9 management worker was killed in the course of
2006	2006	10 performing his official duties, or to prevent the
2007	2007	11 peace officer or fireman from performing his
2008	2008	12 official duties, or in retaliation for the peace
2009	2009	13 officer, fireman, or emergency management worker
2010	2010	14 from performing his official duties, and the
2011	2011	15 defendant knew or should have known that the
2012	2012	16 murdered individual was a peace officer, fireman,
2013	2013	17 or emergency management worker, or
2014	2014	18 (iv) is found guilty of murdering an employee
2015	2015	19 of an institution or facility of the Department of
2016	2016	20 Corrections, or any similar local correctional
2017	2017	21 agency, when the employee was killed in the course
2018	2018	22 of performing his official duties, or to prevent
2019	2019	23 the employee from performing his official duties,
2020	2020	24 or in retaliation for the employee performing his
2021	2021	25 official duties, or
2022	2022	26 (v) is found guilty of murdering an emergency
2023	2023
2024	2024
2025	2025
2026	2026
2027	2027
2028	2028	SB3198 - 56 - LRB103 37984 RLC 68116 b
2029	2029
2030	2030
2031	2031	SB3198- 57 -LRB103 37984 RLC 68116 b SB3198 - 57 - LRB103 37984 RLC 68116 b
2032	2032	SB3198 - 57 - LRB103 37984 RLC 68116 b
2033	2033	1 medical technician - ambulance, emergency medical
2034	2034	2 technician - intermediate, emergency medical
2035	2035	3 technician - paramedic, ambulance driver or other
2036	2036	4 medical assistance or first aid person while
2037	2037	5 employed by a municipality or other governmental
2038	2038	6 unit when the person was killed in the course of
2039	2039	7 performing official duties or to prevent the
2040	2040	8 person from performing official duties or in
2041	2041	9 retaliation for performing official duties and the
2042	2042	10 defendant knew or should have known that the
2043	2043	11 murdered individual was an emergency medical
2044	2044	12 technician - ambulance, emergency medical
2045	2045	13 technician - intermediate, emergency medical
2046	2046	14 technician - paramedic, ambulance driver, or other
2047	2047	15 medical assistant or first aid personnel, or
2048	2048	16 (vi) (blank), or
2049	2049	17 (vii) is found guilty of first degree murder
2050	2050	18 and the murder was committed by reason of any
2051	2051	19 person's activity as a community policing
2052	2052	20 volunteer or to prevent any person from engaging
2053	2053	21 in activity as a community policing volunteer. For
2054	2054	22 the purpose of this Section, "community policing
2055	2055	23 volunteer" has the meaning ascribed to it in
2056	2056	24 Section 2-3.5 of the Criminal Code of 2012.
2057	2057	25 For purposes of clause (v), "emergency medical
2058	2058	26 technician - ambulance", "emergency medical technician -
2059	2059
2060	2060
2061	2061
2062	2062
2063	2063
2064	2064	SB3198 - 57 - LRB103 37984 RLC 68116 b
2065	2065
2066	2066
2067	2067	SB3198- 58 -LRB103 37984 RLC 68116 b SB3198 - 58 - LRB103 37984 RLC 68116 b
2068	2068	SB3198 - 58 - LRB103 37984 RLC 68116 b
2069	2069	1 intermediate", "emergency medical technician -
2070	2070	2 paramedic", have the meanings ascribed to them in the
2071	2071	3 Emergency Medical Services (EMS) Systems Act, or .
2072	2072	4 (c-1) A defendant who at the time of the
2073	2073	5 commission of the offense has attained the age of 18 or
2074	2074	6 more and who has been found guilty of first degree
2075	2075	7 murder may be sentenced to death if the murdered
2076	2076	8 individual was a person described in clause (iii),
2077	2077	9 (iv), or (v) of subparagraph (c) of paragraph (1) of
2078	2078	10 subsection (a), other than an emergency management
2079	2079	11 worker, and the murdered individual was killed in the
2080	2080	12 course of performing his or her official duties, or to
2081	2081	13 prevent the individual from performing his or her
2082	2082	14 official duties, or in retaliation for the performance
2083	2083	15 of his or her official duties and, in the case of
2084	2084	16 individuals described clauses (iii) and (v), the
2085	2085	17 defendant knew or should have known that the murdered
2086	2086	18 individual was a person described in clause (iii) or
2087	2087	19 (v).
2088	2088	20 (c-2) The court shall consider, or shall instruct
2089	2089	21 the jury to consider the aggravating factors listed in
2090	2090	22 subparagraph (c-1) and any mitigating factors which
2091	2091	23 are relevant to the imposition of the death penalty.
2092	2092	24 Mitigating factors may include, but need not be
2093	2093	25 limited to, the following:
2094	2094	26 (1) the defendant has no significant history
2095	2095
2096	2096
2097	2097
2098	2098
2099	2099
2100	2100	SB3198 - 58 - LRB103 37984 RLC 68116 b
2101	2101
2102	2102
2103	2103	SB3198- 59 -LRB103 37984 RLC 68116 b SB3198 - 59 - LRB103 37984 RLC 68116 b
2104	2104	SB3198 - 59 - LRB103 37984 RLC 68116 b
2105	2105	1 of prior criminal activity;
2106	2106	2 (2) the murder was committed while the
2107	2107	3 defendant was under the influence of extreme
2108	2108	4 mental or emotional disturbance, although not such
2109	2109	5 as to constitute a defense to prosecution;
2110	2110	6 (3) the murdered individual was a participant
2111	2111	7 in the defendant's homicidal conduct or consented
2112	2112	8 to the homicidal act;
2113	2113	9 (4) the defendant acted under the compulsion
2114	2114	10 of threat or menace of the imminent infliction of
2115	2115	11 death or great bodily harm;
2116	2116	12 (5) the defendant was not personally present
2117	2117	13 during commission of the act or acts causing
2118	2118	14 death;
2119	2119	15 (6) the defendant's background includes a
2120	2120	16 history of extreme emotional or physical abuse;
2121	2121	17 (7) the defendant suffers from a reduced
2122	2122	18 mental capacity. Provided, however, that an action
2123	2123	19 that does not otherwise mitigate first degree
2124	2124	20 murder cannot qualify as a mitigating factor for
2125	2125	21 first degree murder because of the discovery,
2126	2126	22 knowledge, or disclosure of the victim's sexual
2127	2127	23 orientation as defined in Section 1-103 of the
2128	2128	24 Illinois Human Rights Act.
2129	2129	25 (c-3) If requested by the State, the court shall
2130	2130	26 conduct a separate sentencing proceeding to determine
2131	2131
2132	2132
2133	2133
2134	2134
2135	2135
2136	2136	SB3198 - 59 - LRB103 37984 RLC 68116 b
2137	2137
2138	2138
2139	2139	SB3198- 60 -LRB103 37984 RLC 68116 b SB3198 - 60 - LRB103 37984 RLC 68116 b
2140	2140	SB3198 - 60 - LRB103 37984 RLC 68116 b
2141	2141	1 the existence of factors set forth in subparagraph
2142	2142	2 (c-2) and to consider any aggravating factors listed
2143	2143	3 in subparagraph (c-1) or mitigating factors as
2144	2144	4 indicated in subparagraph (c-2). The proceeding shall
2145	2145	5 be conducted:
2146	2146	6 (1) before the jury that determined the
2147	2147	7 defendant's guilt; or
2148	2148	8 (2) before a jury impanelled for the purpose
2149	2149	9 of the proceeding if:
2150	2150	10 (A) the defendant was convicted upon a
2151	2151	11 plea of guilty; or
2152	2152	12 (B) the defendant was convicted after a
2153	2153	13 trial before the court sitting without a jury;
2154	2154	14 or
2155	2155	15 (C) the court for good cause shown
2156	2156	16 discharges the jury that determined the
2157	2157	17 defendant's guilt; or
2158	2158	18 (3) before the court alone if the defendant
2159	2159	19 waives a jury for the separate proceeding.
2160	2160	20 (c-4) During the proceeding any information
2161	2161	21 relevant to any of the factors set forth in
2162	2162	22 subparagraph (c-1) or (c-2) may be presented by either
2163	2163	23 the State or the defendant under the rules governing
2164	2164	24 the admission of evidence at criminal trials. Any
2165	2165	25 information relevant to any additional aggravating
2166	2166	26 factors or any mitigating factors indicated in
2167	2167
2168	2168
2169	2169
2170	2170
2171	2171
2172	2172	SB3198 - 60 - LRB103 37984 RLC 68116 b
2173	2173
2174	2174
2175	2175	SB3198- 61 -LRB103 37984 RLC 68116 b SB3198 - 61 - LRB103 37984 RLC 68116 b
2176	2176	SB3198 - 61 - LRB103 37984 RLC 68116 b
2177	2177	1 subparagraph (c-1) may be presented by the State or
2178	2178	2 defendant regardless of its admissibility under the
2179	2179	3 rules governing the admission of evidence at criminal
2180	2180	4 trials. The State and the defendant shall be given
2181	2181	5 fair opportunity to rebut any information received at
2182	2182	6 the hearing.
2183	2183	7 (c-5) The burden of proof of establishing the
2184	2184	8 existence of any of the factors set forth in
2185	2185	9 subparagraph (c-1) is on the State and shall not be
2186	2186	10 satisfied unless established beyond a reasonable
2187	2187	11 doubt.
2188	2188	12 (c-6) If at the separate sentencing proceeding the
2189	2189	13 jury finds that none of the factors set forth in
2190	2190	14 subparagraph (c-1) exists, the court shall sentence
2191	2191	15 the defendant to a term of imprisonment under Chapter
2192	2192	16 V. If there is a unanimous finding by the jury that one
2193	2193	17 or more of the factors set forth in subparagraph (c-1)
2194	2194	18 exist, the jury shall consider aggravating and
2195	2195	19 mitigating factors as instructed by the court and
2196	2196	20 shall determine whether the sentence of death shall be
2197	2197	21 imposed. If the jury determines unanimously, after
2198	2198	22 weighing the factors in aggravation and mitigation,
2199	2199	23 that death is the appropriate sentence, the court
2200	2200	24 shall sentence the defendant to death. If the court
2201	2201	25 does not concur with the jury determination that death
2202	2202	26 is the appropriate sentence, the court shall set forth
2203	2203
2204	2204
2205	2205
2206	2206
2207	2207
2208	2208	SB3198 - 61 - LRB103 37984 RLC 68116 b
2209	2209
2210	2210
2211	2211	SB3198- 62 -LRB103 37984 RLC 68116 b SB3198 - 62 - LRB103 37984 RLC 68116 b
2212	2212	SB3198 - 62 - LRB103 37984 RLC 68116 b
2213	2213	1 reasons in writing including what facts or
2214	2214	2 circumstances the court relied upon, along with any
2215	2215	3 relevant documents, that compelled the court to
2216	2216	4 non-concur with the sentence. This document and any
2217	2217	5 attachments shall be part of the record for appellate
2218	2218	6 review. The court shall be bound by the jury's
2219	2219	7 sentencing determination. If after weighing the
2220	2220	8 factors in aggravation and mitigation, one or more
2221	2221	9 jurors determines that death is not the appropriate
2222	2222	10 sentence, the court shall sentence the defendant to a
2223	2223	11 term of imprisonment under Chapter V.
2224	2224	12 (c-7) In a proceeding before the court alone, if
2225	2225	13 the court finds that none of the factors found in
2226	2226	14 subparagraph (c-1) exists, the court shall sentence
2227	2227	15 the defendant to a term of imprisonment under Chapter
2228	2228	16 V. If the court determines that one or more of the
2229	2229	17 factors set forth in subparagraph (c-1) exists, the
2230	2230	18 court shall consider any aggravating and mitigating
2231	2231	19 factors as indicated in subparagraph (c-2). If the
2232	2232	20 court determines, after weighing the factors in
2233	2233	21 aggravation and mitigation, that death is the
2234	2234	22 appropriate sentence, the court shall sentence the
2235	2235	23 defendant to death. If the court finds that death is
2236	2236	24 not the appropriate sentence, the court shall sentence
2237	2237	25 the defendant to a term of imprisonment under Chapter
2238	2238	26 V.
2239	2239
2240	2240
2241	2241
2242	2242
2243	2243
2244	2244	SB3198 - 62 - LRB103 37984 RLC 68116 b
2245	2245
2246	2246
2247	2247	SB3198- 63 -LRB103 37984 RLC 68116 b SB3198 - 63 - LRB103 37984 RLC 68116 b
2248	2248	SB3198 - 63 - LRB103 37984 RLC 68116 b
2249	2249	1 (c-8) In a case in which the defendant has been
2250	2250	2 found guilty of first degree murder by a judge or jury,
2251	2251	3 or a case on remand for resentencing, and the State
2252	2252	4 seeks the death penalty as an appropriate sentence, on
2253	2253	5 the court's own motion or the written motion of the
2254	2254	6 defendant, the court may decertify the case as a death
2255	2255	7 penalty case if the court finds that the only evidence
2256	2256	8 supporting the defendant's conviction is the
2257	2257	9 uncorroborated testimony of an informant witness, as
2258	2258	10 defined in Section 115-21 of the Code of Criminal
2259	2259	11 Procedure of 1963, concerning the confession or
2260	2260	12 admission of the defendant or that the sole evidence
2261	2261	13 against the defendant is a single eyewitness or single
2262	2262	14 accomplice without any other corroborating evidence.
2263	2263	15 If the court decertifies the case as a capital case
2264	2264	16 under either of the grounds set forth above, the court
2265	2265	17 shall issue a written finding. The State may pursue
2266	2266	18 its right to appeal the decertification pursuant to
2267	2267	19 Supreme Court Rule 604(a)(1). If the court does not
2268	2268	20 decertify the case as a capital case, the matter shall
2269	2269	21 proceed to the eligibility phase of the sentencing
2270	2270	22 hearing.
2271	2271	23 (c-9) The conviction and sentence of death shall
2272	2272	24 be subject to automatic review by the Supreme Court.
2273	2273	25 Such review shall be in accordance with rules
2274	2274	26 promulgated by the Supreme Court. The Illinois Supreme
2275	2275
2276	2276
2277	2277
2278	2278
2279	2279
2280	2280	SB3198 - 63 - LRB103 37984 RLC 68116 b
2281	2281
2282	2282
2283	2283	SB3198- 64 -LRB103 37984 RLC 68116 b SB3198 - 64 - LRB103 37984 RLC 68116 b
2284	2284	SB3198 - 64 - LRB103 37984 RLC 68116 b
2285	2285	1 Court may overturn the death sentence, and order the
2286	2286	2 imposition of imprisonment under Chapter V if the
2287	2287	3 court finds that the death sentence is fundamentally
2288	2288	4 unjust as applied to the particular case. If the
2289	2289	5 Illinois Supreme Court finds that the death sentence
2290	2290	6 is fundamentally unjust as applied to the particular
2291	2291	7 case, independent of any procedural grounds for
2292	2292	8 relief, the Illinois Supreme Court shall issue a
2293	2293	9 written opinion explaining this finding.
2294	2294	10 (c-10) If the death penalty in this Section is
2295	2295	11 held to be unconstitutional by the Supreme Court of
2296	2296	12 the United States or of the State of Illinois, any
2297	2297	13 person convicted of first degree murder shall be
2298	2298	14 sentenced by the court to a term of imprisonment under
2299	2299	15 Chapter V. If any death sentence pursuant to the
2300	2300	16 sentencing provisions of this Section is declared
2301	2301	17 unconstitutional by the Supreme Court of the United
2302	2302	18 States or of the State of Illinois, the court having
2303	2303	19 jurisdiction over a person previously sentenced to
2304	2304	20 death shall cause the defendant to be brought before
2305	2305	21 the court, and the court shall sentence the defendant
2306	2306	22 to a term of imprisonment under Chapter V.
2307	2307	23 (c-11) The Attorney General and State's Attorneys
2308	2308	24 Association shall consult on voluntary guidelines for
2309	2309	25 procedures governing whether or not to seek the death
2310	2310	26 penalty. The guidelines do not have the force of law
2311	2311
2312	2312
2313	2313
2314	2314
2315	2315
2316	2316	SB3198 - 64 - LRB103 37984 RLC 68116 b
2317	2317
2318	2318
2319	2319	SB3198- 65 -LRB103 37984 RLC 68116 b SB3198 - 65 - LRB103 37984 RLC 68116 b
2320	2320	SB3198 - 65 - LRB103 37984 RLC 68116 b
2321	2321	1 and are only advisory in nature.
2322	2322	2 (d)(i) if the person committed the offense while
2323	2323	3 armed with a firearm, 15 years shall be added to
2324	2324	4 the term of imprisonment imposed by the court;
2325	2325	5 (ii) if, during the commission of the offense, the
2326	2326	6 person personally discharged a firearm, 20 years shall
2327	2327	7 be added to the term of imprisonment imposed by the
2328	2328	8 court;
2329	2329	9 (iii) if, during the commission of the offense,
2330	2330	10 the person personally discharged a firearm that
2331	2331	11 proximately caused great bodily harm, permanent
2332	2332	12 disability, permanent disfigurement, or death to
2333	2333	13 another person, 25 years or up to a term of natural
2334	2334	14 life shall be added to the term of imprisonment
2335	2335	15 imposed by the court.
2336	2336	16 (2) (blank);
2337	2337	17 (2.5) for a person who has attained the age of 18 years
2338	2338	18 at the time of the commission of the offense and who is
2339	2339	19 convicted under the circumstances described in subdivision
2340	2340	20 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
2341	2341	21 subsection (b) of Section 12-13, subdivision (d)(2) of
2342	2342	22 Section 11-1.30 or paragraph (2) of subsection (d) of
2343	2343	23 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
2344	2344	24 paragraph (1.2) of subsection (b) of Section 12-14.1,
2345	2345	25 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
2346	2346	26 subsection (b) of Section 12-14.1 of the Criminal Code of
2347	2347
2348	2348
2349	2349
2350	2350
2351	2351
2352	2352	SB3198 - 65 - LRB103 37984 RLC 68116 b
2353	2353
2354	2354
2355	2355	SB3198- 66 -LRB103 37984 RLC 68116 b SB3198 - 66 - LRB103 37984 RLC 68116 b
2356	2356	SB3198 - 66 - LRB103 37984 RLC 68116 b
2357	2357	1 1961 or the Criminal Code of 2012, the sentence shall be a
2358	2358	2 term of natural life imprisonment.
2359	2359	3 (b) (Blank).
2360	2360	4 (c) (Blank).
2361	2361	5 (d) Subject to earlier termination under Section 3-3-8,
2362	2362	6 the parole or mandatory supervised release term shall be
2363	2363	7 written as part of the sentencing order and shall be as
2364	2364	8 follows:
2365	2365	9 (1) for first degree murder or for the offenses of
2366	2366	10 predatory criminal sexual assault of a child, aggravated
2367	2367	11 criminal sexual assault, and criminal sexual assault if
2368	2368	12 committed on or before December 12, 2005, 3 years;
2369	2369	13 (1.5) except as provided in paragraph (7) of this
2370	2370	14 subsection (d), for a Class X felony except for the
2371	2371	15 offenses of predatory criminal sexual assault of a child,
2372	2372	16 aggravated criminal sexual assault, and criminal sexual
2373	2373	17 assault if committed on or after December 13, 2005 (the
2374	2374	18 effective date of Public Act 94-715) and except for the
2375	2375	19 offense of aggravated child pornography under Section
2376	2376	20 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
2377	2377	21 subsection (c-5) of Section 11-20.1 of the Criminal Code
2378	2378	22 of 1961 or the Criminal Code of 2012, if committed on or
2379	2379	23 after January 1, 2009, 18 months;
2380	2380	24 (2) except as provided in paragraph (7) of this
2381	2381	25 subsection (d), for a Class 1 felony or a Class 2 felony
2382	2382	26 except for the offense of criminal sexual assault if
2383	2383
2384	2384
2385	2385
2386	2386
2387	2387
2388	2388	SB3198 - 66 - LRB103 37984 RLC 68116 b
2389	2389
2390	2390
2391	2391	SB3198- 67 -LRB103 37984 RLC 68116 b SB3198 - 67 - LRB103 37984 RLC 68116 b
2392	2392	SB3198 - 67 - LRB103 37984 RLC 68116 b
2393	2393	1 committed on or after December 13, 2005 (the effective
2394	2394	2 date of Public Act 94-715) and except for the offenses of
2395	2395	3 manufacture and dissemination of child pornography under
2396	2396	4 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
2397	2397	5 Criminal Code of 1961 or the Criminal Code of 2012, if
2398	2398	6 committed on or after January 1, 2009, 12 months;
2399	2399	7 (3) except as provided in paragraph (4), (6), or (7)
2400	2400	8 of this subsection (d), for a Class 3 felony or a Class 4
2401	2401	9 felony, 6 months; no later than 45 days after the onset of
2402	2402	10 the term of mandatory supervised release, the Prisoner
2403	2403	11 Review Board shall conduct a discretionary discharge
2404	2404	12 review pursuant to the provisions of Section 3-3-8, which
2405	2405	13 shall include the results of a standardized risk and needs
2406	2406	14 assessment tool administered by the Department of
2407	2407	15 Corrections; the changes to this paragraph (3) made by
2408	2408	16 this amendatory Act of the 102nd General Assembly apply to
2409	2409	17 all individuals released on mandatory supervised release
2410	2410	18 on or after the effective date of this amendatory Act of
2411	2411	19 the 102nd General Assembly, including those individuals
2412	2412	20 whose sentences were imposed prior to the effective date
2413	2413	21 of this amendatory Act of the 102nd General Assembly;
2414	2414	22 (4) for defendants who commit the offense of predatory
2415	2415	23 criminal sexual assault of a child, aggravated criminal
2416	2416	24 sexual assault, or criminal sexual assault, on or after
2417	2417	25 December 13, 2005 (the effective date of Public Act
2418	2418	26 94-715), or who commit the offense of aggravated child
2419	2419
2420	2420
2421	2421
2422	2422
2423	2423
2424	2424	SB3198 - 67 - LRB103 37984 RLC 68116 b
2425	2425
2426	2426
2427	2427	SB3198- 68 -LRB103 37984 RLC 68116 b SB3198 - 68 - LRB103 37984 RLC 68116 b
2428	2428	SB3198 - 68 - LRB103 37984 RLC 68116 b
2429	2429	1 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
2430	2430	2 with sentencing under subsection (c-5) of Section 11-20.1
2431	2431	3 of the Criminal Code of 1961 or the Criminal Code of 2012,
2432	2432	4 manufacture of child pornography, or dissemination of
2433	2433	5 child pornography after January 1, 2009, the term of
2434	2434	6 mandatory supervised release shall range from a minimum of
2435	2435	7 3 years to a maximum of the natural life of the defendant;
2436	2436	8 (5) if the victim is under 18 years of age, for a
2437	2437	9 second or subsequent offense of aggravated criminal sexual
2438	2438	10 abuse or felony criminal sexual abuse, 4 years, at least
2439	2439	11 the first 2 years of which the defendant shall serve in an
2440	2440	12 electronic monitoring or home detention program under
2441	2441	13 Article 8A of Chapter V of this Code;
2442	2442	14 (6) for a felony domestic battery, aggravated domestic
2443	2443	15 battery, stalking, aggravated stalking, and a felony
2444	2444	16 violation of an order of protection, 4 years;
2445	2445	17 (7) for any felony described in paragraph (a)(2)(ii),
2446	2446	18 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
2447	2447	19 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
2448	2448	20 3-6-3 of the Unified Code of Corrections requiring an
2449	2449	21 inmate to serve a minimum of 85% of their court-imposed
2450	2450	22 sentence, except for the offenses of predatory criminal
2451	2451	23 sexual assault of a child, aggravated criminal sexual
2452	2452	24 assault, and criminal sexual assault if committed on or
2453	2453	25 after December 13, 2005 (the effective date of Public Act
2454	2454	26 94-715) and except for the offense of aggravated child
2455	2455
2456	2456
2457	2457
2458	2458
2459	2459
2460	2460	SB3198 - 68 - LRB103 37984 RLC 68116 b
2461	2461
2462	2462
2463	2463	SB3198- 69 -LRB103 37984 RLC 68116 b SB3198 - 69 - LRB103 37984 RLC 68116 b
2464	2464	SB3198 - 69 - LRB103 37984 RLC 68116 b
2465	2465	1 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
2466	2466	2 with sentencing under subsection (c-5) of Section 11-20.1
2467	2467	3 of the Criminal Code of 1961 or the Criminal Code of 2012,
2468	2468	4 if committed on or after January 1, 2009 and except as
2469	2469	5 provided in paragraph (4) or paragraph (6) of this
2470	2470	6 subsection (d), the term of mandatory supervised release
2471	2471	7 shall be as follows:
2472	2472	8 (A) Class X felony, 3 years;
2473	2473	9 (B) Class 1 or Class 2 felonies, 2 years;
2474	2474	10 (C) Class 3 or Class 4 felonies, 1 year.
2475	2475	11 (e) (Blank).
2476	2476	12 (f) (Blank).
2477	2477	13 (g) Notwithstanding any other provisions of this Act and
2478	2478	14 of Public Act 101-652: (i) the provisions of paragraph (3) of
2479	2479	15 subsection (d) are effective on July 1, 2022 and shall apply to
2480	2480	16 all individuals convicted on or after the effective date of
2481	2481	17 paragraph (3) of subsection (d); and (ii) the provisions of
2482	2482	18 paragraphs (1.5) and (2) of subsection (d) are effective on
2483	2483	19 July 1, 2021 and shall apply to all individuals convicted on or
2484	2484	20 after the effective date of paragraphs (1.5) and (2) of
2485	2485	21 subsection (d).
2486	2486	22 (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
2487	2487	23 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
2488	2488	24 1-1-24.)
2489	2489	25 Section 995. No acceleration or delay. Where this Act
2490	2490
2491	2491
2492	2492
2493	2493
2494	2494
2495	2495	SB3198 - 69 - LRB103 37984 RLC 68116 b
2496	2496
2497	2497
2498	2498	SB3198- 70 -LRB103 37984 RLC 68116 b SB3198 - 70 - LRB103 37984 RLC 68116 b
2499	2499	SB3198 - 70 - LRB103 37984 RLC 68116 b
2500	2500	1 makes changes in a statute that is represented in this Act by
2501	2501	2 text that is not yet or no longer in effect (for example, a
2502	2502	3 Section represented by multiple versions), the use of that
2503	2503	4 text does not accelerate or delay the taking effect of (i) the
2504	2504	5 changes made by this Act or (ii) provisions derived from any
2505	2505	6 other Public Act.
2506	2506	SB3198- 71 -LRB103 37984 RLC 68116 b 1 INDEX 2 Statutes amended in order of appearance SB3198- 71 -LRB103 37984 RLC 68116 b SB3198 - 71 - LRB103 37984 RLC 68116 b 1 INDEX 2 Statutes amended in order of appearance
2507	2507	SB3198- 71 -LRB103 37984 RLC 68116 b SB3198 - 71 - LRB103 37984 RLC 68116 b
2508	2508	SB3198 - 71 - LRB103 37984 RLC 68116 b
2509	2509	1 INDEX
2510	2510	2 Statutes amended in order of appearance
2511	2511
2512	2512
2513	2513
2514	2514
2515	2515
2516	2516	SB3198 - 70 - LRB103 37984 RLC 68116 b
2517	2517
2518	2518
2519	2519
2520	2520	SB3198- 71 -LRB103 37984 RLC 68116 b SB3198 - 71 - LRB103 37984 RLC 68116 b
2521	2521	SB3198 - 71 - LRB103 37984 RLC 68116 b
2522	2522	1 INDEX
2523	2523	2 Statutes amended in order of appearance
2524	2524
2525	2525
2526	2526
2527	2527
2528	2528
2529	2529	SB3198 - 71 - LRB103 37984 RLC 68116 b