Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3540 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 SB3540 Introduced 2/9/2024, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED: See Index Amends the Unified Code of Corrections relating to the penalties for first degree murder. Provides that a defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if: (1) the murdered individual was a peace officer 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 so employed; (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties; or (3) the murdered individual was a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Establishes aggravating and mitigating factors and procedures by which a court or jury may determine that the defendant is eligible for the death penalty. Amends the State Finance Act. Reinstates the Capital Litigation Trust Fund and abolishes the Death Penalty Abolition Fund. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2024. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases. LRB103 38005 RLC 68137 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3540 Introduced 2/9/2024, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED: See Index See Index Amends the Unified Code of Corrections relating to the penalties for first degree murder. Provides that a defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if: (1) the murdered individual was a peace officer 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 so employed; (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties; or (3) the murdered individual was a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Establishes aggravating and mitigating factors and procedures by which a court or jury may determine that the defendant is eligible for the death penalty. Amends the State Finance Act. Reinstates the Capital Litigation Trust Fund and abolishes the Death Penalty Abolition Fund. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2024. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases. LRB103 38005 RLC 68137 b LRB103 38005 RLC 68137 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3540 Introduced 2/9/2024, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Unified Code of Corrections relating to the penalties for first degree murder. Provides that a defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if: (1) the murdered individual was a peace officer 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 so employed; (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties; or (3) the murdered individual was a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Establishes aggravating and mitigating factors and procedures by which a court or jury may determine that the defendant is eligible for the death penalty. Amends the State Finance Act. Reinstates the Capital Litigation Trust Fund and abolishes the Death Penalty Abolition Fund. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2024. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases.
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8	8	A BILL FOR
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10	10	SB3540 LRB103 38005 RLC 68137 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 SB3540 Introduced 2/9/2024, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Unified Code of Corrections relating to the penalties for first degree murder. Provides that a defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if: (1) the murdered individual was a peace officer 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 so employed; (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties; or (3) the murdered individual was a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Establishes aggravating and mitigating factors and procedures by which a court or jury may determine that the defendant is eligible for the death penalty. Amends the State Finance Act. Reinstates the Capital Litigation Trust Fund and abolishes the Death Penalty Abolition Fund. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2024. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases.
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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	SB3540 - 11 - LRB103 38005 RLC 68137 b
422	422
423	423
424	424	SB3540- 12 -LRB103 38005 RLC 68137 b SB3540 - 12 - LRB103 38005 RLC 68137 b
425	425	SB3540 - 12 - LRB103 38005 RLC 68137 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	SB3540 - 12 - LRB103 38005 RLC 68137 b
458	458
459	459
460	460	SB3540- 13 -LRB103 38005 RLC 68137 b SB3540 - 13 - LRB103 38005 RLC 68137 b
461	461	SB3540 - 13 - LRB103 38005 RLC 68137 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	SB3540 - 13 - LRB103 38005 RLC 68137 b
494	494
495	495
496	496	SB3540- 14 -LRB103 38005 RLC 68137 b SB3540 - 14 - LRB103 38005 RLC 68137 b
497	497	SB3540 - 14 - LRB103 38005 RLC 68137 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	SB3540 - 14 - LRB103 38005 RLC 68137 b
530	530
531	531
532	532	SB3540- 15 -LRB103 38005 RLC 68137 b SB3540 - 15 - LRB103 38005 RLC 68137 b
533	533	SB3540 - 15 - LRB103 38005 RLC 68137 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	SB3540 - 15 - LRB103 38005 RLC 68137 b
566	566
567	567
568	568	SB3540- 16 -LRB103 38005 RLC 68137 b SB3540 - 16 - LRB103 38005 RLC 68137 b
569	569	SB3540 - 16 - LRB103 38005 RLC 68137 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	SB3540 - 16 - LRB103 38005 RLC 68137 b
602	602
603	603
604	604	SB3540- 17 -LRB103 38005 RLC 68137 b SB3540 - 17 - LRB103 38005 RLC 68137 b
605	605	SB3540 - 17 - LRB103 38005 RLC 68137 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	SB3540 - 17 - LRB103 38005 RLC 68137 b
638	638
639	639
640	640	SB3540- 18 -LRB103 38005 RLC 68137 b SB3540 - 18 - LRB103 38005 RLC 68137 b
641	641	SB3540 - 18 - LRB103 38005 RLC 68137 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
646	646	5 court-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	SB3540 - 18 - LRB103 38005 RLC 68137 b
674	674
675	675
676	676	SB3540- 19 -LRB103 38005 RLC 68137 b SB3540 - 19 - LRB103 38005 RLC 68137 b
677	677	SB3540 - 19 - LRB103 38005 RLC 68137 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	SB3540 - 19 - LRB103 38005 RLC 68137 b
710	710
711	711
712	712	SB3540- 20 -LRB103 38005 RLC 68137 b SB3540 - 20 - LRB103 38005 RLC 68137 b
713	713	SB3540 - 20 - LRB103 38005 RLC 68137 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	SB3540 - 20 - LRB103 38005 RLC 68137 b
746	746
747	747
748	748	SB3540- 21 -LRB103 38005 RLC 68137 b SB3540 - 21 - LRB103 38005 RLC 68137 b
749	749	SB3540 - 21 - LRB103 38005 RLC 68137 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 900. 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	SB3540 - 21 - LRB103 38005 RLC 68137 b
781	781
782	782
783	783	SB3540- 22 -LRB103 38005 RLC 68137 b SB3540 - 22 - LRB103 38005 RLC 68137 b
784	784	SB3540 - 22 - LRB103 38005 RLC 68137 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	SB3540 - 22 - LRB103 38005 RLC 68137 b
816	816
817	817
818	818	SB3540- 23 -LRB103 38005 RLC 68137 b SB3540 - 23 - LRB103 38005 RLC 68137 b
819	819	SB3540 - 23 - LRB103 38005 RLC 68137 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	SB3540 - 23 - LRB103 38005 RLC 68137 b
852	852
853	853
854	854	SB3540- 24 -LRB103 38005 RLC 68137 b SB3540 - 24 - LRB103 38005 RLC 68137 b
855	855	SB3540 - 24 - LRB103 38005 RLC 68137 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. This subsection (n) shall
865	865	10 apply until the conclusion of the trial of the case, even
866	866	11 if the prosecution chooses not to pursue the death penalty
867	867	12 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	SB3540 - 24 - LRB103 38005 RLC 68137 b
888	888
889	889
890	890	SB3540- 25 -LRB103 38005 RLC 68137 b SB3540 - 25 - LRB103 38005 RLC 68137 b
891	891	SB3540 - 25 - LRB103 38005 RLC 68137 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	SB3540 - 25 - LRB103 38005 RLC 68137 b
924	924
925	925
926	926	SB3540- 26 -LRB103 38005 RLC 68137 b SB3540 - 26 - LRB103 38005 RLC 68137 b
927	927	SB3540 - 26 - LRB103 38005 RLC 68137 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	SB3540 - 26 - LRB103 38005 RLC 68137 b
960	960
961	961
962	962	SB3540- 27 -LRB103 38005 RLC 68137 b SB3540 - 27 - LRB103 38005 RLC 68137 b
963	963	SB3540 - 27 - LRB103 38005 RLC 68137 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	SB3540 - 27 - LRB103 38005 RLC 68137 b
996	996
997	997
998	998	SB3540- 28 -LRB103 38005 RLC 68137 b SB3540 - 28 - LRB103 38005 RLC 68137 b
999	999	SB3540 - 28 - LRB103 38005 RLC 68137 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	SB3540 - 28 - LRB103 38005 RLC 68137 b
1032	1032
1033	1033
1034	1034	SB3540- 29 -LRB103 38005 RLC 68137 b SB3540 - 29 - LRB103 38005 RLC 68137 b
1035	1035	SB3540 - 29 - LRB103 38005 RLC 68137 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	SB3540 - 29 - LRB103 38005 RLC 68137 b
1068	1068
1069	1069
1070	1070	SB3540- 30 -LRB103 38005 RLC 68137 b SB3540 - 30 - LRB103 38005 RLC 68137 b
1071	1071	SB3540 - 30 - LRB103 38005 RLC 68137 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	SB3540 - 30 - LRB103 38005 RLC 68137 b
1103	1103
1104	1104
1105	1105	SB3540- 31 -LRB103 38005 RLC 68137 b SB3540 - 31 - LRB103 38005 RLC 68137 b
1106	1106	SB3540 - 31 - LRB103 38005 RLC 68137 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	SB3540 - 31 - LRB103 38005 RLC 68137 b
1139	1139
1140	1140
1141	1141	SB3540- 32 -LRB103 38005 RLC 68137 b SB3540 - 32 - LRB103 38005 RLC 68137 b
1142	1142	SB3540 - 32 - LRB103 38005 RLC 68137 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	SB3540 - 32 - LRB103 38005 RLC 68137 b
1175	1175
1176	1176
1177	1177	SB3540- 33 -LRB103 38005 RLC 68137 b SB3540 - 33 - LRB103 38005 RLC 68137 b
1178	1178	SB3540 - 33 - LRB103 38005 RLC 68137 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 court
1183	1183	5 appointed trial counsel as provided under Sections 10 and
1184	1184	6 15 of the Capital Crimes Litigation Act of 2024. This
1185	1185	7 subsection (n) shall apply until the conclusion of the
1186	1186	8 trial of the case, even if the prosecution chooses not to
1187	1187	9 pursue the death penalty prior to trial or sentencing.
1188	1188	10 (o) Information that is prohibited from being
1189	1189	11 disclosed under Section 4 of the Illinois Health and
1190	1190	12 Hazardous Substances Registry Act.
1191	1191	13 (p) Security portions of system safety program plans,
1192	1192	14 investigation reports, surveys, schedules, lists, data, or
1193	1193	15 information compiled, collected, or prepared by or for the
1194	1194	16 Department of Transportation under Sections 2705-300 and
1195	1195	17 2705-616 of the Department of Transportation Law of the
1196	1196	18 Civil Administrative Code of Illinois, the Regional
1197	1197	19 Transportation Authority under Section 2.11 of the
1198	1198	20 Regional Transportation Authority Act, or the St. Clair
1199	1199	21 County Transit District under the Bi-State Transit Safety
1200	1200	22 Act (repealed).
1201	1201	23 (q) Information prohibited from being disclosed by the
1202	1202	24 Personnel Record Review Act.
1203	1203	25 (r) Information prohibited from being disclosed by the
1204	1204	26 Illinois School Student Records Act.
1205	1205
1206	1206
1207	1207
1208	1208
1209	1209
1210	1210	SB3540 - 33 - LRB103 38005 RLC 68137 b
1211	1211
1212	1212
1213	1213	SB3540- 34 -LRB103 38005 RLC 68137 b SB3540 - 34 - LRB103 38005 RLC 68137 b
1214	1214	SB3540 - 34 - LRB103 38005 RLC 68137 b
1215	1215	1 (s) Information the disclosure of which is restricted
1216	1216	2 under Section 5-108 of the Public Utilities Act.
1217	1217	3 (t) (Blank).
1218	1218	4 (u) Records and information provided to an independent
1219	1219	5 team of experts under the Developmental Disability and
1220	1220	6 Mental Health Safety Act (also known as Brian's Law).
1221	1221	7 (v) Names and information of people who have applied
1222	1222	8 for or received Firearm Owner's Identification Cards under
1223	1223	9 the Firearm Owners Identification Card Act or applied for
1224	1224	10 or received a concealed carry license under the Firearm
1225	1225	11 Concealed Carry Act, unless otherwise authorized by the
1226	1226	12 Firearm Concealed Carry Act; and databases under the
1227	1227	13 Firearm Concealed Carry Act, records of the Concealed
1228	1228	14 Carry Licensing Review Board under the Firearm Concealed
1229	1229	15 Carry Act, and law enforcement agency objections under the
1230	1230	16 Firearm Concealed Carry Act.
1231	1231	17 (v-5) Records of the Firearm Owner's Identification
1232	1232	18 Card Review Board that are exempted from disclosure under
1233	1233	19 Section 10 of the Firearm Owners Identification Card Act.
1234	1234	20 (w) Personally identifiable information which is
1235	1235	21 exempted from disclosure under subsection (g) of Section
1236	1236	22 19.1 of the Toll Highway Act.
1237	1237	23 (x) Information which is exempted from disclosure
1238	1238	24 under Section 5-1014.3 of the Counties Code or Section
1239	1239	25 8-11-21 of the Illinois Municipal Code.
1240	1240	26 (y) Confidential information under the Adult
1241	1241
1242	1242
1243	1243
1244	1244
1245	1245
1246	1246	SB3540 - 34 - LRB103 38005 RLC 68137 b
1247	1247
1248	1248
1249	1249	SB3540- 35 -LRB103 38005 RLC 68137 b SB3540 - 35 - LRB103 38005 RLC 68137 b
1250	1250	SB3540 - 35 - LRB103 38005 RLC 68137 b
1251	1251	1 Protective Services Act and its predecessor enabling
1252	1252	2 statute, the Elder Abuse and Neglect Act, including
1253	1253	3 information about the identity and administrative finding
1254	1254	4 against any caregiver of a verified and substantiated
1255	1255	5 decision of abuse, neglect, or financial exploitation of
1256	1256	6 an eligible adult maintained in the Registry established
1257	1257	7 under Section 7.5 of the Adult Protective Services Act.
1258	1258	8 (z) Records and information provided to a fatality
1259	1259	9 review team or the Illinois Fatality Review Team Advisory
1260	1260	10 Council under Section 15 of the Adult Protective Services
1261	1261	11 Act.
1262	1262	12 (aa) Information which is exempted from disclosure
1263	1263	13 under Section 2.37 of the Wildlife Code.
1264	1264	14 (bb) Information which is or was prohibited from
1265	1265	15 disclosure by the Juvenile Court Act of 1987.
1266	1266	16 (cc) Recordings made under the Law Enforcement
1267	1267	17 Officer-Worn Body Camera Act, except to the extent
1268	1268	18 authorized under that Act.
1269	1269	19 (dd) Information that is prohibited from being
1270	1270	20 disclosed under Section 45 of the Condominium and Common
1271	1271	21 Interest Community Ombudsperson Act.
1272	1272	22 (ee) Information that is exempted from disclosure
1273	1273	23 under Section 30.1 of the Pharmacy Practice Act.
1274	1274	24 (ff) Information that is exempted from disclosure
1275	1275	25 under the Revised Uniform Unclaimed Property Act.
1276	1276	26 (gg) Information that is prohibited from being
1277	1277
1278	1278
1279	1279
1280	1280
1281	1281
1282	1282	SB3540 - 35 - LRB103 38005 RLC 68137 b
1283	1283
1284	1284
1285	1285	SB3540- 36 -LRB103 38005 RLC 68137 b SB3540 - 36 - LRB103 38005 RLC 68137 b
1286	1286	SB3540 - 36 - LRB103 38005 RLC 68137 b
1287	1287	1 disclosed under Section 7-603.5 of the Illinois Vehicle
1288	1288	2 Code.
1289	1289	3 (hh) Records that are exempt from disclosure under
1290	1290	4 Section 1A-16.7 of the Election Code.
1291	1291	5 (ii) Information which is exempted from disclosure
1292	1292	6 under Section 2505-800 of the Department of Revenue Law of
1293	1293	7 the Civil Administrative Code of Illinois.
1294	1294	8 (jj) Information and reports that are required to be
1295	1295	9 submitted to the Department of Labor by registering day
1296	1296	10 and temporary labor service agencies but are exempt from
1297	1297	11 disclosure under subsection (a-1) of Section 45 of the Day
1298	1298	12 and Temporary Labor Services Act.
1299	1299	13 (kk) Information prohibited from disclosure under the
1300	1300	14 Seizure and Forfeiture Reporting Act.
1301	1301	15 (ll) Information the disclosure of which is restricted
1302	1302	16 and exempted under Section 5-30.8 of the Illinois Public
1303	1303	17 Aid Code.
1304	1304	18 (mm) Records that are exempt from disclosure under
1305	1305	19 Section 4.2 of the Crime Victims Compensation Act.
1306	1306	20 (nn) Information that is exempt from disclosure under
1307	1307	21 Section 70 of the Higher Education Student Assistance Act.
1308	1308	22 (oo) Communications, notes, records, and reports
1309	1309	23 arising out of a peer support counseling session
1310	1310	24 prohibited from disclosure under the First Responders
1311	1311	25 Suicide Prevention Act.
1312	1312	26 (pp) Names and all identifying information relating to
1313	1313
1314	1314
1315	1315
1316	1316
1317	1317
1318	1318	SB3540 - 36 - LRB103 38005 RLC 68137 b
1319	1319
1320	1320
1321	1321	SB3540- 37 -LRB103 38005 RLC 68137 b SB3540 - 37 - LRB103 38005 RLC 68137 b
1322	1322	SB3540 - 37 - LRB103 38005 RLC 68137 b
1323	1323	1 an employee of an emergency services provider or law
1324	1324	2 enforcement agency under the First Responders Suicide
1325	1325	3 Prevention Act.
1326	1326	4 (qq) Information and records held by the Department of
1327	1327	5 Public Health and its authorized representatives collected
1328	1328	6 under the Reproductive Health Act.
1329	1329	7 (rr) Information that is exempt from disclosure under
1330	1330	8 the Cannabis Regulation and Tax Act.
1331	1331	9 (ss) Data reported by an employer to the Department of
1332	1332	10 Human Rights pursuant to Section 2-108 of the Illinois
1333	1333	11 Human Rights Act.
1334	1334	12 (tt) Recordings made under the Children's Advocacy
1335	1335	13 Center Act, except to the extent authorized under that
1336	1336	14 Act.
1337	1337	15 (uu) Information that is exempt from disclosure under
1338	1338	16 Section 50 of the Sexual Assault Evidence Submission Act.
1339	1339	17 (vv) Information that is exempt from disclosure under
1340	1340	18 subsections (f) and (j) of Section 5-36 of the Illinois
1341	1341	19 Public Aid Code.
1342	1342	20 (ww) Information that is exempt from disclosure under
1343	1343	21 Section 16.8 of the State Treasurer Act.
1344	1344	22 (xx) Information that is exempt from disclosure or
1345	1345	23 information that shall not be made public under the
1346	1346	24 Illinois Insurance Code.
1347	1347	25 (yy) Information prohibited from being disclosed under
1348	1348	26 the Illinois Educational Labor Relations Act.
1349	1349
1350	1350
1351	1351
1352	1352
1353	1353
1354	1354	SB3540 - 37 - LRB103 38005 RLC 68137 b
1355	1355
1356	1356
1357	1357	SB3540- 38 -LRB103 38005 RLC 68137 b SB3540 - 38 - LRB103 38005 RLC 68137 b
1358	1358	SB3540 - 38 - LRB103 38005 RLC 68137 b
1359	1359	1 (zz) Information prohibited from being disclosed under
1360	1360	2 the Illinois Public Labor Relations Act.
1361	1361	3 (aaa) Information prohibited from being disclosed
1362	1362	4 under Section 1-167 of the Illinois Pension Code.
1363	1363	5 (bbb) Information that is prohibited from disclosure
1364	1364	6 by the Illinois Police Training Act and the Illinois State
1365	1365	7 Police Act.
1366	1366	8 (ccc) Records exempt from disclosure under Section
1367	1367	9 2605-304 of the Illinois State Police Law of the Civil
1368	1368	10 Administrative Code of Illinois.
1369	1369	11 (ddd) Information prohibited from being disclosed
1370	1370	12 under Section 35 of the Address Confidentiality for
1371	1371	13 Victims of Domestic Violence, Sexual Assault, Human
1372	1372	14 Trafficking, or Stalking Act.
1373	1373	15 (eee) Information prohibited from being disclosed
1374	1374	16 under subsection (b) of Section 75 of the Domestic
1375	1375	17 Violence Fatality Review Act.
1376	1376	18 (fff) Images from cameras under the Expressway Camera
1377	1377	19 Act. This subsection (fff) is inoperative on and after
1378	1378	20 July 1, 2025.
1379	1379	21 (ggg) Information prohibited from disclosure under
1380	1380	22 paragraph (3) of subsection (a) of Section 14 of the Nurse
1381	1381	23 Agency Licensing Act.
1382	1382	24 (hhh) Information submitted to the Illinois State
1383	1383	25 Police in an affidavit or application for an assault
1384	1384	26 weapon endorsement, assault weapon attachment endorsement,
1385	1385
1386	1386
1387	1387
1388	1388
1389	1389
1390	1390	SB3540 - 38 - LRB103 38005 RLC 68137 b
1391	1391
1392	1392
1393	1393	SB3540- 39 -LRB103 38005 RLC 68137 b SB3540 - 39 - LRB103 38005 RLC 68137 b
1394	1394	SB3540 - 39 - LRB103 38005 RLC 68137 b
1395	1395	1 .50 caliber rifle endorsement, or .50 caliber cartridge
1396	1396	2 endorsement under the Firearm Owners Identification Card
1397	1397	3 Act.
1398	1398	4 (iii) Data exempt from disclosure under Section 50 of
1399	1399	5 the School Safety Drill Act.
1400	1400	6 (jjj) (hhh) Information exempt from disclosure under
1401	1401	7 Section 30 of the Insurance Data Security Law.
1402	1402	8 (kkk) (iii) Confidential business information
1403	1403	9 prohibited from disclosure under Section 45 of the Paint
1404	1404	10 Stewardship Act.
1405	1405	11 (lll) (iii) Data exempt from disclosure under Section
1406	1406	12 2-3.196 of the School Code.
1407	1407	13 (mmm) (iii) Information prohibited from being
1408	1408	14 disclosed under subsection (e) of Section 1-129 of the
1409	1409	15 Illinois Power Agency Act.
1410	1410	16 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
1411	1411	17 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
1412	1412	18 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
1413	1413	19 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
1414	1414	20 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
1415	1415	21 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
1416	1416	22 103-580, eff. 12-8-23; revised 1-2-24.)
1417	1417	23 Section 905. The State Finance Act is amended by adding
1418	1418	24 Section 5.1015 as follows:
1419	1419
1420	1420
1421	1421
1422	1422
1423	1423
1424	1424	SB3540 - 39 - LRB103 38005 RLC 68137 b
1425	1425
1426	1426
1427	1427	SB3540- 40 -LRB103 38005 RLC 68137 b SB3540 - 40 - LRB103 38005 RLC 68137 b
1428	1428	SB3540 - 40 - LRB103 38005 RLC 68137 b
1429	1429	1 (30 ILCS 105/5.1015 new)
1430	1430	2 Sec. 5.1015. The Capital Litigation Trust Fund.
1431	1431	3 (30 ILCS 105/5.790 rep.)
1432	1432	4 Section 910. The State Finance Act is amended by repealing
1433	1433	5 Section 5.790.
1434	1434	6 Section 915. The Code of Criminal Procedure of 1963 is
1435	1435	7 amended by changing Sections 113-3 and 119-1 as follows:
1436	1436	8 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
1437	1437	9 Sec. 113-3. (a) Every person charged with an offense shall
1438	1438	10 be allowed counsel before pleading to the charge. If the
1439	1439	11 defendant desires counsel and has been unable to obtain same
1440	1440	12 before arraignment the court shall recess court or continue
1441	1441	13 the cause for a reasonable time to permit defendant to obtain
1442	1442	14 counsel and consult with him before pleading to the charge. If
1443	1443	15 the accused is a dissolved corporation, and is not represented
1444	1444	16 by counsel, the court may, in the interest of justice, appoint
1445	1445	17 as counsel a licensed attorney of this State.
1446	1446	18 (b) In all cases, except where the penalty is a fine only,
1447	1447	19 if the court determines that the defendant is indigent and
1448	1448	20 desires counsel, the Public Defender shall be appointed as
1449	1449	21 counsel. If there is no Public Defender in the county or if the
1450	1450	22 defendant requests counsel other than the Public Defender and
1451	1451	23 the court finds that the rights of the defendant will be
1452	1452
1453	1453
1454	1454
1455	1455
1456	1456
1457	1457	SB3540 - 40 - LRB103 38005 RLC 68137 b
1458	1458
1459	1459
1460	1460	SB3540- 41 -LRB103 38005 RLC 68137 b SB3540 - 41 - LRB103 38005 RLC 68137 b
1461	1461	SB3540 - 41 - LRB103 38005 RLC 68137 b
1462	1462	1 prejudiced by the appointment of the Public Defender, the
1463	1463	2 court shall appoint as counsel a licensed attorney at law of
1464	1464	3 this State, except that in a county having a population of
1465	1465	4 2,000,000 or more the Public Defender shall be appointed as
1466	1466	5 counsel in all misdemeanor cases where the defendant is
1467	1467	6 indigent and desires counsel unless the case involves multiple
1468	1468	7 defendants, in which case the court may appoint counsel other
1469	1469	8 than the Public Defender for the additional defendants. The
1470	1470	9 court shall require an affidavit signed by any defendant who
1471	1471	10 requests court-appointed counsel. Such affidavit shall be in
1472	1472	11 the form established by the Supreme Court containing
1473	1473	12 sufficient information to ascertain the assets and liabilities
1474	1474	13 of that defendant. The Court may direct the Clerk of the
1475	1475	14 Circuit Court to assist the defendant in the completion of the
1476	1476	15 affidavit. Any person who knowingly files such affidavit
1477	1477	16 containing false information concerning his assets and
1478	1478	17 liabilities shall be liable to the county where the case, in
1479	1479	18 which such false affidavit is filed, is pending for the
1480	1480	19 reasonable value of the services rendered by the public
1481	1481	20 defender or other court-appointed counsel in the case to the
1482	1482	21 extent that such services were unjustly or falsely procured.
1483	1483	22 (c) Upon the filing with the court of a verified statement
1484	1484	23 of services rendered the court shall order the county
1485	1485	24 treasurer of the county of trial to pay counsel other than the
1486	1486	25 Public Defender a reasonable fee. The court shall consider all
1487	1487	26 relevant circumstances, including but not limited to the time
1488	1488
1489	1489
1490	1490
1491	1491
1492	1492
1493	1493	SB3540 - 41 - LRB103 38005 RLC 68137 b
1494	1494
1495	1495
1496	1496	SB3540- 42 -LRB103 38005 RLC 68137 b SB3540 - 42 - LRB103 38005 RLC 68137 b
1497	1497	SB3540 - 42 - LRB103 38005 RLC 68137 b
1498	1498	1 spent while court is in session, other time spent in
1499	1499	2 representing the defendant, and expenses reasonably incurred
1500	1500	3 by counsel. In counties with a population greater than
1501	1501	4 2,000,000, the court shall order the county treasurer of the
1502	1502	5 county of trial to pay counsel other than the Public Defender a
1503	1503	6 reasonable fee stated in the order and based upon a rate of
1504	1504	7 compensation of not more than $40 for each hour spent while
1505	1505	8 court is in session and not more than $30 for each hour
1506	1506	9 otherwise spent representing a defendant, and such
1507	1507	10 compensation shall not exceed $150 for each defendant
1508	1508	11 represented in misdemeanor cases and $1250 in felony cases, in
1509	1509	12 addition to expenses reasonably incurred as hereinafter in
1510	1510	13 this Section provided, except that, in extraordinary
1511	1511	14 circumstances, payment in excess of the limits herein stated
1512	1512	15 may be made if the trial court certifies that such payment is
1513	1513	16 necessary to provide fair compensation for protracted
1514	1514	17 representation. A trial court may entertain the filing of this
1515	1515	18 verified statement before the termination of the cause, and
1516	1516	19 may order the provisional payment of sums during the pendency
1517	1517	20 of the cause.
1518	1518	21 (d) In capital cases, in addition to counsel, if the court
1519	1519	22 determines that the defendant is indigent the court may, upon
1520	1520	23 the filing with the court of a verified statement of services
1521	1521	24 rendered, order the county Treasurer of the county of trial to
1522	1522	25 pay necessary expert witnesses for defendant reasonable
1523	1523	26 compensation stated in the order not to exceed $250 for each
1524	1524
1525	1525
1526	1526
1527	1527
1528	1528
1529	1529	SB3540 - 42 - LRB103 38005 RLC 68137 b
1530	1530
1531	1531
1532	1532	SB3540- 43 -LRB103 38005 RLC 68137 b SB3540 - 43 - LRB103 38005 RLC 68137 b
1533	1533	SB3540 - 43 - LRB103 38005 RLC 68137 b
1534	1534	1 defendant.
1535	1535	2 (e) If the court in any county having a population greater
1536	1536	3 than 2,000,000 determines that the defendant is indigent the
1537	1537	4 court may, upon the filing with the court of a verified
1538	1538	5 statement of such expenses, order the county treasurer of the
1539	1539	6 county of trial, in such counties having a population greater
1540	1540	7 than 2,000,000 to pay the general expenses of the trial
1541	1541	8 incurred by the defendant not to exceed $50 for each
1542	1542	9 defendant.
1543	1543	10 (f) The provisions of this Section relating to appointment
1544	1544	11 of counsel, compensation of counsel, and payment of expenses
1545	1545	12 in capital cases apply except when the compensation and
1546	1546	13 expenses are being provided under the Capital Crimes
1547	1547	14 Litigation Act of 2024.
1548	1548	15 (Source: P.A. 91-589, eff. 1-1-00.)
1549	1549	16 (725 ILCS 5/119-1)
1550	1550	17 Sec. 119-1. Death penalty restored abolished.
1551	1551	18 (a) (Blank). Beginning on the effective date of this
1552	1552	19 amendatory Act of the 96th General Assembly, notwithstanding
1553	1553	20 any other law to the contrary, the death penalty is abolished
1554	1554	21 and a sentence to death may not be imposed.
1555	1555	22 (b) All unobligated and unexpended moneys remaining in the
1556	1556	23 Capital Litigation Trust Fund on the effective date of this
1557	1557	24 amendatory Act of the 96th General Assembly shall be
1558	1558	25 transferred into the Death Penalty Abolition Fund on the
1559	1559
1560	1560
1561	1561
1562	1562
1563	1563
1564	1564	SB3540 - 43 - LRB103 38005 RLC 68137 b
1565	1565
1566	1566
1567	1567	SB3540- 44 -LRB103 38005 RLC 68137 b SB3540 - 44 - LRB103 38005 RLC 68137 b
1568	1568	SB3540 - 44 - LRB103 38005 RLC 68137 b
1569	1569	1 effective date of this amendatory Act of the 103rd General
1570	1570	2 Assembly shall be transferred into the Capital Litigation
1571	1571	3 Trust Fund , a special fund in the State treasury, to be
1572	1572	4 expended by the Illinois Criminal Justice Information
1573	1573	5 Authority, for services for families of victims of homicide or
1574	1574	6 murder and for training of law enforcement personnel.
1575	1575	7 (Source: P.A. 96-1543, eff. 7-1-11.)
1576	1576	8 Section 920. The State Appellate Defender Act is amended
1577	1577	9 by changing Section 10 as follows:
1578	1578	10 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
1579	1579	11 Sec. 10. Powers and duties of State Appellate Defender.
1580	1580	12 (a) The State Appellate Defender shall represent indigent
1581	1581	13 persons on appeal in criminal and delinquent minor
1582	1582	14 proceedings, when appointed to do so by a court under a Supreme
1583	1583	15 Court Rule or law of this State.
1584	1584	16 (b) The State Appellate Defender shall submit a budget for
1585	1585	17 the approval of the State Appellate Defender Commission.
1586	1586	18 (c) The State Appellate Defender may:
1587	1587	19 (1) maintain a panel of private attorneys available to
1588	1588	20 serve as counsel on a case basis;
1589	1589	21 (2) establish programs, alone or in conjunction with
1590	1590	22 law schools, for the purpose of utilizing volunteer law
1591	1591	23 students as legal assistants;
1592	1592	24 (3) cooperate and consult with state agencies,
1593	1593
1594	1594
1595	1595
1596	1596
1597	1597
1598	1598	SB3540 - 44 - LRB103 38005 RLC 68137 b
1599	1599
1600	1600
1601	1601	SB3540- 45 -LRB103 38005 RLC 68137 b SB3540 - 45 - LRB103 38005 RLC 68137 b
1602	1602	SB3540 - 45 - LRB103 38005 RLC 68137 b
1603	1603	1 professional associations, and other groups concerning the
1604	1604	2 causes of criminal conduct, the rehabilitation and
1605	1605	3 correction of persons charged with and convicted of crime,
1606	1606	4 the administration of criminal justice, and, in counties
1607	1607	5 of less than 1,000,000 population, study, design, develop
1608	1608	6 and implement model systems for the delivery of trial
1609	1609	7 level defender services, and make an annual report to the
1610	1610	8 General Assembly;
1611	1611	9 (4) hire investigators to provide investigative
1612	1612	10 services to appointed counsel and county public defenders;
1613	1613	11 (5) (blank);
1614	1614	12 (5.1) in cases in which a death sentence is an
1615	1615	13 authorized disposition, provide trial counsel with legal
1616	1616	14 assistance and the assistance of expert witnesses,
1617	1617	15 investigators, and mitigation specialists from funds
1618	1618	16 appropriated to the State Appellate Defender specifically
1619	1619	17 for that purpose by the General Assembly. The Office of
1620	1620	18 State Appellate Defender shall not be appointed to serve
1621	1621	19 as trial counsel in capital cases;
1622	1622	20 (5.5) provide training to county public defenders;
1623	1623	21 (5.7) provide county public defenders with the
1624	1624	22 assistance of expert witnesses and investigators from
1625	1625	23 funds appropriated to the State Appellate Defender
1626	1626	24 specifically for that purpose by the General Assembly. The
1627	1627	25 Office of the State Appellate Defender shall not be
1628	1628	26 appointed to act as trial counsel;
1629	1629
1630	1630
1631	1631
1632	1632
1633	1633
1634	1634	SB3540 - 45 - LRB103 38005 RLC 68137 b
1635	1635
1636	1636
1637	1637	SB3540- 46 -LRB103 38005 RLC 68137 b SB3540 - 46 - LRB103 38005 RLC 68137 b
1638	1638	SB3540 - 46 - LRB103 38005 RLC 68137 b
1639	1639	1 (6) develop a Juvenile Defender Resource Center to:
1640	1640	2 (i) study, design, develop, and implement model systems
1641	1641	3 for the delivery of trial level defender services for
1642	1642	4 juveniles in the justice system; (ii) in cases in which a
1643	1643	5 sentence of incarceration or an adult sentence, or both,
1644	1644	6 is an authorized disposition, provide trial counsel with
1645	1645	7 legal advice and the assistance of expert witnesses and
1646	1646	8 investigators from funds appropriated to the Office of the
1647	1647	9 State Appellate Defender by the General Assembly
1648	1648	10 specifically for that purpose; (iii) develop and provide
1649	1649	11 training to public defenders on juvenile justice issues,
1650	1650	12 utilizing resources including the State and local bar
1651	1651	13 associations, the Illinois Public Defender Association,
1652	1652	14 law schools, the Midwest Juvenile Defender Center, and pro
1653	1653	15 bono efforts by law firms; and (iv) make an annual report
1654	1654	16 to the General Assembly.
1655	1655	17 Investigators employed by the Capital Trial Assistance
1656	1656	18 Unit and Capital Post Conviction Unit of the State Appellate
1657	1657	19 Defender shall be authorized to inquire through the Illinois
1658	1658	20 State Police or local law enforcement with the Law Enforcement
1659	1659	21 Agencies Data System (LEADS) under Section 2605-375 of the
1660	1660	22 Civil Administrative Code of Illinois to ascertain whether
1661	1661	23 their potential witnesses have a criminal background,
1662	1662	24 including, but not limited to: (i) warrants; (ii) arrests;
1663	1663	25 (iii) convictions; and (iv) officer safety information. This
1664	1664	26 authorization applies only to information held on the State
1665	1665
1666	1666
1667	1667
1668	1668
1669	1669
1670	1670	SB3540 - 46 - LRB103 38005 RLC 68137 b
1671	1671
1672	1672
1673	1673	SB3540- 47 -LRB103 38005 RLC 68137 b SB3540 - 47 - LRB103 38005 RLC 68137 b
1674	1674	SB3540 - 47 - LRB103 38005 RLC 68137 b
1675	1675	1 level and shall be used only to protect the personal safety of
1676	1676	2 the investigators. Any information that is obtained through
1677	1677	3 this inquiry may not be disclosed by the investigators.
1678	1678	4 (c-5) For each State fiscal year, the State Appellate
1679	1679	5 Defender shall request a direct appropriation from the Capital
1680	1680	6 Litigation Trust Fund for expenses incurred by the State
1681	1681	7 Appellate Defender in providing assistance to trial attorneys
1682	1682	8 under paragraph (5.1) of subsection (c) and for expenses
1683	1683	9 incurred by the State Appellate Defender in representing
1684	1684	10 petitioners in capital cases in post-conviction proceedings
1685	1685	11 under Article 122 of the Code of Criminal Procedure of 1963 and
1686	1686	12 in relation to petitions filed under Section 2-1401 of the
1687	1687	13 Code of Civil Procedure in relation to capital cases and for
1688	1688	14 the representation of those petitioners by attorneys approved
1689	1689	15 by or contracted with the State Appellate Defender and an
1690	1690	16 appropriation to the State Treasurer for payments from the
1691	1691	17 Trust Fund for the defense of cases in counties other than Cook
1692	1692	18 County. The State Appellate Defender may appear before the
1693	1693	19 General Assembly at other times during the State's fiscal year
1694	1694	20 to request supplemental appropriations from the Trust Fund to
1695	1695	21 the State Treasurer.
1696	1696	22 (d) (Blank).
1697	1697	23 (e) The requirement for reporting to the General Assembly
1698	1698	24 shall be satisfied by filing copies of the report as required
1699	1699	25 by Section 3.1 of the General Assembly Organization Act and
1700	1700	26 filing such additional copies with the State Government Report
1701	1701
1702	1702
1703	1703
1704	1704
1705	1705
1706	1706	SB3540 - 47 - LRB103 38005 RLC 68137 b
1707	1707
1708	1708
1709	1709	SB3540- 48 -LRB103 38005 RLC 68137 b SB3540 - 48 - LRB103 38005 RLC 68137 b
1710	1710	SB3540 - 48 - LRB103 38005 RLC 68137 b
1711	1711	1 Distribution Center for the General Assembly as is required
1712	1712	2 under paragraph (t) of Section 7 of the State Library Act.
1713	1713	3 (Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)
1714	1714	4 Section 925. The Unified Code of Corrections is amended by
1715	1715	5 changing Section 5-8-1 as follows:
1716	1716	6 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
1717	1717	7 Sec. 5-8-1. Natural life imprisonment; enhancements for
1718	1718	8 use of a firearm; mandatory supervised release terms.
1719	1719	9 (a) Except as otherwise provided in the statute defining
1720	1720	10 the offense or in Article 4.5 of Chapter V, a sentence of
1721	1721	11 imprisonment for a felony shall be a determinate sentence set
1722	1722	12 by the court under this Section, subject to Section 5-4.5-115
1723	1723	13 of this Code, according to the following limitations:
1724	1724	14 (1) for first degree murder,
1725	1725	15 (a) (blank),
1726	1726	16 (a-1) if the defendant had at the time of the
1727	1727	17 commission of the offense attained 18 years of age or
1728	1728	18 more, the court may sentence the defendant to death
1729	1729	19 under the procedures described in subsections (a-2)
1730	1730	20 through (a-11) if:
1731	1731	21 (1) the murdered individual was a peace
1732	1732	22 officer killed in the course of performing his or
1733	1733	23 her official duties, to prevent the performance of
1734	1734	24 his or her official duties, or in retaliation for
1735	1735
1736	1736
1737	1737
1738	1738
1739	1739
1740	1740	SB3540 - 48 - LRB103 38005 RLC 68137 b
1741	1741
1742	1742
1743	1743	SB3540- 49 -LRB103 38005 RLC 68137 b SB3540 - 49 - LRB103 38005 RLC 68137 b
1744	1744	SB3540 - 49 - LRB103 38005 RLC 68137 b
1745	1745	1 performing his or her official duties, and the
1746	1746	2 defendant knew or should have known that the
1747	1747	3 murdered individual was so employed;
1748	1748	4 (2) the murdered individual was an employee of
1749	1749	5 an institution or facility of the Department of
1750	1750	6 Corrections, or any similar local correctional
1751	1751	7 agency, killed in the course of performing his or
1752	1752	8 her official duties, to prevent the performance of
1753	1753	9 his or her official duties, or in retaliation for
1754	1754	10 performing his or her official duties; or
1755	1755	11 (3) the murdered individual was a member of a
1756	1756	12 congregation engaged in prayer or other religious
1757	1757	13 activities at a church, synagogue, mosque, or
1758	1758	14 other building, structure, or place used for
1759	1759	15 religious worship.
1760	1760	16 (a-2) The court shall consider, or shall instruct
1761	1761	17 the jury to consider, any aggravating and any
1762	1762	18 mitigating factors which are relevant to the
1763	1763	19 imposition of the death penalty. Aggravating factors
1764	1764	20 may include, but need not be limited to, those factors
1765	1765	21 set forth in subsections (b) and (b-5). Mitigating
1766	1766	22 factors may include but need not be limited to the
1767	1767	23 following:
1768	1768	24 (1) the defendant has no significant history
1769	1769	25 of prior criminal activity;
1770	1770	26 (2) the murder was committed while the
1771	1771
1772	1772
1773	1773
1774	1774
1775	1775
1776	1776	SB3540 - 49 - LRB103 38005 RLC 68137 b
1777	1777
1778	1778
1779	1779	SB3540- 50 -LRB103 38005 RLC 68137 b SB3540 - 50 - LRB103 38005 RLC 68137 b
1780	1780	SB3540 - 50 - LRB103 38005 RLC 68137 b
1781	1781	1 defendant was under the influence of extreme
1782	1782	2 mental or emotional disturbance, although not such
1783	1783	3 as to constitute a defense to prosecution;
1784	1784	4 (3) the murdered individual was a participant
1785	1785	5 in the defendant's homicidal conduct or consented
1786	1786	6 to the homicidal act;
1787	1787	7 (4) the defendant acted under the compulsion
1788	1788	8 of threat or menace of the imminent infliction of
1789	1789	9 death or great bodily harm;
1790	1790	10 (5) the defendant was not personally present
1791	1791	11 during commission of the act or acts causing
1792	1792	12 death;
1793	1793	13 (6) the defendant's background includes a
1794	1794	14 history of extreme emotional or physical abuse;
1795	1795	15 (7) the defendant suffers from a reduced
1796	1796	16 mental capacity. Provided, however, that an action
1797	1797	17 that does not otherwise mitigate first degree
1798	1798	18 murder cannot qualify as a mitigating factor for
1799	1799	19 first degree murder because of the discovery,
1800	1800	20 knowledge, or disclosure of the victim's sexual
1801	1801	21 orientation as defined in Section 1-103 of the
1802	1802	22 Illinois Human Rights Act.
1803	1803	23 (a-3) If requested by the State, the court shall
1804	1804	24 conduct a separate sentencing proceeding to determine
1805	1805	25 the existence of factors set forth in subsections (b)
1806	1806	26 and (b-5) and to consider any aggravating or
1807	1807
1808	1808
1809	1809
1810	1810
1811	1811
1812	1812	SB3540 - 50 - LRB103 38005 RLC 68137 b
1813	1813
1814	1814
1815	1815	SB3540- 51 -LRB103 38005 RLC 68137 b SB3540 - 51 - LRB103 38005 RLC 68137 b
1816	1816	SB3540 - 51 - LRB103 38005 RLC 68137 b
1817	1817	1 mitigating factors as indicated in this subsection
1818	1818	2 (a-2). The proceeding shall be conducted:
1819	1819	3 (1) before the jury that determined the
1820	1820	4 defendant's guilt; or
1821	1821	5 (2) before a jury impanelled for the purpose
1822	1822	6 of the proceeding if:
1823	1823	7 (A) the defendant was convicted upon a
1824	1824	8 plea of guilty; or
1825	1825	9 (B) the defendant was convicted after a
1826	1826	10 trial before the court sitting without a jury;
1827	1827	11 or
1828	1828	12 (C) the court for good cause shown
1829	1829	13 discharges the jury that determined the
1830	1830	14 defendant's guilt; or
1831	1831	15 (3) before the court alone if the defendant
1832	1832	16 waives a jury for the separate proceeding.
1833	1833	17 (a-4) During the proceeding any information
1834	1834	18 relevant to any of the factors set forth in
1835	1835	19 subsections (b) and (b-5) may be presented by either
1836	1836	20 the State or the defendant under the rules governing
1837	1837	21 the admission of evidence at criminal trials. Any
1838	1838	22 information relevant to any additional aggravating
1839	1839	23 factors or any mitigating factors indicated in
1840	1840	24 subsection (a-2) may be presented by the State or
1841	1841	25 defendant regardless of its admissibility under the
1842	1842	26 rules governing the admission of evidence at criminal
1843	1843
1844	1844
1845	1845
1846	1846
1847	1847
1848	1848	SB3540 - 51 - LRB103 38005 RLC 68137 b
1849	1849
1850	1850
1851	1851	SB3540- 52 -LRB103 38005 RLC 68137 b SB3540 - 52 - LRB103 38005 RLC 68137 b
1852	1852	SB3540 - 52 - LRB103 38005 RLC 68137 b
1853	1853	1 trials. The State and the defendant shall be given
1854	1854	2 fair opportunity to rebut any information received at
1855	1855	3 the hearing.
1856	1856	4 (a-5) The burden of proof of establishing the
1857	1857	5 existence of any of the factors set forth in
1858	1858	6 subsections (b) and (b-5) is on the State and shall not
1859	1859	7 be satisfied unless established beyond a reasonable
1860	1860	8 doubt.
1861	1861	9 (a-6) If at the separate sentencing proceeding the
1862	1862	10 jury finds that none of the factors set forth in
1863	1863	11 subsections (b) and (b-5) exists, the court shall
1864	1864	12 sentence the defendant to a term of imprisonment under
1865	1865	13 Chapter V. If there is a unanimous finding by the jury
1866	1866	14 that one or more of the factors set forth in
1867	1867	15 subsections (b) and (b-5) exist, the jury shall
1868	1868	16 consider aggravating and mitigating factors as
1869	1869	17 instructed by the court and shall determine whether
1870	1870	18 the sentence of death shall be imposed. If the jury
1871	1871	19 determines unanimously, after weighing the factors in
1872	1872	20 aggravation and mitigation, that death is the
1873	1873	21 appropriate sentence, the court shall sentence the
1874	1874	22 defendant to death. If the court does not concur with
1875	1875	23 the jury determination that death is the appropriate
1876	1876	24 sentence, the court shall set forth reasons in writing
1877	1877	25 including what facts or circumstances the court relied
1878	1878	26 upon, along with any relevant documents, that
1879	1879
1880	1880
1881	1881
1882	1882
1883	1883
1884	1884	SB3540 - 52 - LRB103 38005 RLC 68137 b
1885	1885
1886	1886
1887	1887	SB3540- 53 -LRB103 38005 RLC 68137 b SB3540 - 53 - LRB103 38005 RLC 68137 b
1888	1888	SB3540 - 53 - LRB103 38005 RLC 68137 b
1889	1889	1 compelled the court to non-concur with the sentence.
1890	1890	2 This document and any attachments shall be part of the
1891	1891	3 record for appellate review. The court shall be bound
1892	1892	4 by the jury's sentencing determination. If after
1893	1893	5 weighing the factors in aggravation and mitigation,
1894	1894	6 one or more jurors determines that death is not the
1895	1895	7 appropriate sentence, the court shall sentence the
1896	1896	8 defendant to a term of imprisonment under Chapter V of
1897	1897	9 the Unified Code of Corrections.
1898	1898	10 (a-7) In a proceeding before the court alone, if
1899	1899	11 the court finds that none of the factors found in
1900	1900	12 subsections (b) and (b-5) exists, the court shall
1901	1901	13 sentence the defendant to a term of imprisonment under
1902	1902	14 Chapter V of the Unified Code of Corrections. If the
1903	1903	15 Court determines that one or more of the factors set
1904	1904	16 forth in subsections (b) and (b-5) exists, the court
1905	1905	17 shall consider any aggravating and mitigating factors
1906	1906	18 as indicated in subsection (a-2). If the court
1907	1907	19 determines, after weighing the factors in aggravation
1908	1908	20 and mitigation, that death is the appropriate
1909	1909	21 sentence, the Court shall sentence the defendant to
1910	1910	22 death. If the court finds that death is not the
1911	1911	23 appropriate sentence, the court shall sentence the
1912	1912	24 defendant to a term of imprisonment under Chapter V of
1913	1913	25 the Unified Code of Corrections.
1914	1914	26 (a-8) In a case in which the defendant has been
1915	1915
1916	1916
1917	1917
1918	1918
1919	1919
1920	1920	SB3540 - 53 - LRB103 38005 RLC 68137 b
1921	1921
1922	1922
1923	1923	SB3540- 54 -LRB103 38005 RLC 68137 b SB3540 - 54 - LRB103 38005 RLC 68137 b
1924	1924	SB3540 - 54 - LRB103 38005 RLC 68137 b
1925	1925	1 found guilty of first degree murder by a judge or jury,
1926	1926	2 or a case on remand for resentencing, and the State
1927	1927	3 seeks the death penalty as an appropriate sentence, on
1928	1928	4 the court's own motion or the written motion of the
1929	1929	5 defendant, the court may decertify the case as a death
1930	1930	6 penalty case if the court finds that the only evidence
1931	1931	7 supporting the defendant's conviction is the
1932	1932	8 uncorroborated testimony of an informant witness, as
1933	1933	9 defined in Section 115-21 of the Code of Criminal
1934	1934	10 Procedure of 1963, concerning the confession or
1935	1935	11 admission of the defendant or that the sole evidence
1936	1936	12 against the defendant is a single eyewitness or single
1937	1937	13 accomplice without any other corroborating evidence.
1938	1938	14 If the court decertifies the case as a capital case
1939	1939	15 under either of the grounds set forth above, the court
1940	1940	16 shall issue a written finding. The State may pursue
1941	1941	17 its right to appeal the decertification pursuant to
1942	1942	18 Supreme Court Rule 604(a)(1). If the court does not
1943	1943	19 decertify the case as a capital case, the matter shall
1944	1944	20 proceed to the eligibility phase of the sentencing
1945	1945	21 hearing.
1946	1946	22 (a-9) The conviction and sentence of death shall
1947	1947	23 be subject to automatic review by the Supreme Court.
1948	1948	24 Such review shall be in accordance with rules
1949	1949	25 promulgated by the Supreme Court. The Illinois Supreme
1950	1950	26 Court may overturn the death sentence, and order the
1951	1951
1952	1952
1953	1953
1954	1954
1955	1955
1956	1956	SB3540 - 54 - LRB103 38005 RLC 68137 b
1957	1957
1958	1958
1959	1959	SB3540- 55 -LRB103 38005 RLC 68137 b SB3540 - 55 - LRB103 38005 RLC 68137 b
1960	1960	SB3540 - 55 - LRB103 38005 RLC 68137 b
1961	1961	1 imposition of imprisonment under Chapter V if the
1962	1962	2 court finds that the death sentence is fundamentally
1963	1963	3 unjust as applied to the particular case. If the
1964	1964	4 Illinois Supreme Court finds that the death sentence
1965	1965	5 is fundamentally unjust as applied to the particular
1966	1966	6 case, independent of any procedural grounds for
1967	1967	7 relief, the Illinois Supreme Court shall issue a
1968	1968	8 written opinion explaining this finding.
1969	1969	9 (a-10) If the death penalty in this amendatory Act
1970	1970	10 of the 103rd General Assembly is held to be
1971	1971	11 unconstitutional by the Supreme Court of the United
1972	1972	12 States or of the State of Illinois, any person
1973	1973	13 convicted of first degree murder shall be sentenced by
1974	1974	14 the court to a term of imprisonment under Chapter V. If
1975	1975	15 any death sentence pursuant to the sentencing
1976	1976	16 provisions of this Section is declared
1977	1977	17 unconstitutional by the Supreme Court of the United
1978	1978	18 States or of the State of Illinois, the court having
1979	1979	19 jurisdiction over a person previously sentenced to
1980	1980	20 death shall cause the defendant to be brought before
1981	1981	21 the court, and the court shall sentence the defendant
1982	1982	22 to a term of imprisonment under Chapter V.
1983	1983	23 (a-11) The Attorney General and State's Attorneys
1984	1984	24 Association shall consult on voluntary guidelines for
1985	1985	25 procedures governing whether or not to seek the death
1986	1986	26 penalty. The guidelines do not have the force of law
1987	1987
1988	1988
1989	1989
1990	1990
1991	1991
1992	1992	SB3540 - 55 - LRB103 38005 RLC 68137 b
1993	1993
1994	1994
1995	1995	SB3540- 56 -LRB103 38005 RLC 68137 b SB3540 - 56 - LRB103 38005 RLC 68137 b
1996	1996	SB3540 - 56 - LRB103 38005 RLC 68137 b
1997	1997	1 and are only advisory in nature, or
1998	1998	2 (b) if a trier of fact finds beyond a reasonable
1999	1999	3 doubt that the murder was accompanied by exceptionally
2000	2000	4 brutal or heinous behavior indicative of wanton
2001	2001	5 cruelty or, except as set forth in subsection
2002	2002	6 (a)(1)(c) of this Section, that any of the aggravating
2003	2003	7 factors listed in subparagraph (b-5) are present, the
2004	2004	8 court may sentence the defendant, subject to Section
2005	2005	9 5-4.5-105, to a term of natural life imprisonment, or
2006	2006	10 (b-5) A defendant who at the time of the
2007	2007	11 commission of the offense has attained the age of 18 or
2008	2008	12 more and who has been found guilty of first degree
2009	2009	13 murder for which the death penalty has not been
2010	2010	14 imposed by the court may be sentenced to a term of
2011	2011	15 natural life imprisonment if:
2012	2012	16 (1) the murdered individual was an inmate at
2013	2013	17 an institution or facility of the Department of
2014	2014	18 Corrections, or any similar local correctional
2015	2015	19 agency and was killed on the grounds thereof, or
2016	2016	20 the murdered individual was otherwise present in
2017	2017	21 such institution or facility with the knowledge
2018	2018	22 and approval of the chief administrative officer
2019	2019	23 thereof;
2020	2020	24 (2) the murdered individual was killed as a
2021	2021	25 result of the hijacking of an airplane, train,
2022	2022	26 ship, bus, or other public conveyance;
2023	2023
2024	2024
2025	2025
2026	2026
2027	2027
2028	2028	SB3540 - 56 - LRB103 38005 RLC 68137 b
2029	2029
2030	2030
2031	2031	SB3540- 57 -LRB103 38005 RLC 68137 b SB3540 - 57 - LRB103 38005 RLC 68137 b
2032	2032	SB3540 - 57 - LRB103 38005 RLC 68137 b
2033	2033	1 (3) the defendant committed the murder
2034	2034	2 pursuant to a contract, agreement, or
2035	2035	3 understanding by which he or she was to receive
2036	2036	4 money or anything of value in return for
2037	2037	5 committing the murder or procured another to
2038	2038	6 commit the murder for money or anything of value;
2039	2039	7 (4) the murdered individual was killed in the
2040	2040	8 course of another felony if:
2041	2041	9 (A) the murdered individual:
2042	2042	10 (i) was actually killed by the
2043	2043	11 defendant, or
2044	2044	12 (ii) received physical injuries
2045	2045	13 personally inflicted by the defendant
2046	2046	14 substantially contemporaneously with
2047	2047	15 physical injuries caused by one or more
2048	2048	16 persons for whose conduct the defendant is
2049	2049	17 legally accountable under Section 5-2 of
2050	2050	18 this Code, and the physical injuries
2051	2051	19 inflicted by either the defendant or the
2052	2052	20 other person or persons for whose conduct
2053	2053	21 he is legally accountable caused the death
2054	2054	22 of the murdered individual; and (B) in
2055	2055	23 performing the acts which caused the death
2056	2056	24 of the murdered individual or which
2057	2057	25 resulted in physical injuries personally
2058	2058	26 inflicted by the defendant on the murdered
2059	2059
2060	2060
2061	2061
2062	2062
2063	2063
2064	2064	SB3540 - 57 - LRB103 38005 RLC 68137 b
2065	2065
2066	2066
2067	2067	SB3540- 58 -LRB103 38005 RLC 68137 b SB3540 - 58 - LRB103 38005 RLC 68137 b
2068	2068	SB3540 - 58 - LRB103 38005 RLC 68137 b
2069	2069	1 individual under the circumstances of
2070	2070	2 subdivision (ii) of clause (A) of this
2071	2071	3 clause (4), the defendant acted with the
2072	2072	4 intent to kill the murdered individual or
2073	2073	5 with the knowledge that his or her acts
2074	2074	6 created a strong probability of death or
2075	2075	7 great bodily harm to the murdered
2076	2076	8 individual or another; and
2077	2077	9 (B) in performing the acts which caused
2078	2078	10 the death of the murdered individual or which
2079	2079	11 resulted in physical injuries personally
2080	2080	12 inflicted by the defendant on the murdered
2081	2081	13 individual under the circumstances of
2082	2082	14 subdivision (ii) of clause (A) of this clause
2083	2083	15 (4), the defendant acted with the intent to
2084	2084	16 kill the murdered individual or with the
2085	2085	17 knowledge that his or her acts created a
2086	2086	18 strong probability of death or great bodily
2087	2087	19 harm to the murdered individual or another;
2088	2088	20 and
2089	2089	21 (C) the other felony was an inherently
2090	2090	22 violent crime or the attempt to commit an
2091	2091	23 inherently violent crime. In this clause (C),
2092	2092	24 "inherently violent crime" includes, but is
2093	2093	25 not limited to, armed robbery, robbery,
2094	2094	26 predatory criminal sexual assault of a child,
2095	2095
2096	2096
2097	2097
2098	2098
2099	2099
2100	2100	SB3540 - 58 - LRB103 38005 RLC 68137 b
2101	2101
2102	2102
2103	2103	SB3540- 59 -LRB103 38005 RLC 68137 b SB3540 - 59 - LRB103 38005 RLC 68137 b
2104	2104	SB3540 - 59 - LRB103 38005 RLC 68137 b
2105	2105	1 aggravated criminal sexual assault, aggravated
2106	2106	2 kidnapping, aggravated vehicular hijacking,
2107	2107	3 aggravated arson, aggravated stalking,
2108	2108	4 residential burglary, and home invasion;
2109	2109	5 (5) the defendant committed the murder with
2110	2110	6 intent to prevent the murdered individual from
2111	2111	7 testifying or participating in any criminal
2112	2112	8 investigation or prosecution or giving material
2113	2113	9 assistance to the State in any investigation or
2114	2114	10 prosecution, either against the defendant or
2115	2115	11 another; or the defendant committed the murder
2116	2116	12 because the murdered individual was a witness in
2117	2117	13 any prosecution or gave material assistance to the
2118	2118	14 State in any investigation or prosecution, either
2119	2119	15 against the defendant or another; for purposes of
2120	2120	16 this clause (5), "participating in any criminal
2121	2121	17 investigation or prosecution" is intended to
2122	2122	18 include those appearing in the proceedings in any
2123	2123	19 capacity such as trial judges, prosecutors,
2124	2124	20 defense attorneys, investigators, witnesses, or
2125	2125	21 jurors;
2126	2126	22 (6) the defendant, while committing an offense
2127	2127	23 punishable under Section 401, 401.1, 401.2, 405,
2128	2128	24 405.2, 407 or 407.1 or subsection (b) of Section
2129	2129	25 404 of the Illinois Controlled Substances Act, or
2130	2130	26 while engaged in a conspiracy or solicitation to
2131	2131
2132	2132
2133	2133
2134	2134
2135	2135
2136	2136	SB3540 - 59 - LRB103 38005 RLC 68137 b
2137	2137
2138	2138
2139	2139	SB3540- 60 -LRB103 38005 RLC 68137 b SB3540 - 60 - LRB103 38005 RLC 68137 b
2140	2140	SB3540 - 60 - LRB103 38005 RLC 68137 b
2141	2141	1 commit such offense, intentionally killed an
2142	2142	2 individual or counseled, commanded, induced,
2143	2143	3 procured or caused the intentional killing of the
2144	2144	4 murdered individual;
2145	2145	5 (7) the defendant was incarcerated in an
2146	2146	6 institution or facility of the Department of
2147	2147	7 Corrections at the time of the murder, and while
2148	2148	8 committing an offense punishable as a felony under
2149	2149	9 Illinois law, or while engaged in a conspiracy or
2150	2150	10 solicitation to commit such offense, intentionally
2151	2151	11 killed an individual or counseled, commanded,
2152	2152	12 induced, procured or caused the intentional
2153	2153	13 killing of the murdered individual;
2154	2154	14 (8) the murder was committed in a cold,
2155	2155	15 calculated and premeditated manner pursuant to a
2156	2156	16 preconceived plan, scheme or design to take a
2157	2157	17 human life by unlawful means, and the conduct of
2158	2158	18 the defendant created a reasonable expectation
2159	2159	19 that the death of a human being would result
2160	2160	20 therefrom;
2161	2161	21 (9) the defendant was a principal
2162	2162	22 administrator, organizer, or leader of a
2163	2163	23 calculated criminal drug conspiracy consisting of
2164	2164	24 a hierarchical position of authority superior to
2165	2165	25 that of all other members of the conspiracy, and
2166	2166	26 the defendant counseled, commanded, induced,
2167	2167
2168	2168
2169	2169
2170	2170
2171	2171
2172	2172	SB3540 - 60 - LRB103 38005 RLC 68137 b
2173	2173
2174	2174
2175	2175	SB3540- 61 -LRB103 38005 RLC 68137 b SB3540 - 61 - LRB103 38005 RLC 68137 b
2176	2176	SB3540 - 61 - LRB103 38005 RLC 68137 b
2177	2177	1 procured, or caused the intentional killing of the
2178	2178	2 murdered person;
2179	2179	3 (10) the murder was intentional and involved
2180	2180	4 the infliction of torture. For the purpose of this
2181	2181	5 clause (10), torture means the infliction of or
2182	2182	6 subjection to extreme physical pain, motivated by
2183	2183	7 an intent to increase or prolong the pain,
2184	2184	8 suffering or agony of the victim;
2185	2185	9 (11) the murder was committed as a result of
2186	2186	10 the intentional discharge of a firearm by the
2187	2187	11 defendant from a motor vehicle and the victim was
2188	2188	12 not present within the motor vehicle;
2189	2189	13 (12) the murdered individual was a person with
2190	2190	14 a disability and the defendant knew or should have
2191	2191	15 known that the murdered individual was a person
2192	2192	16 with a disability. For purposes of this clause
2193	2193	17 (12), "person with a disability" means a person
2194	2194	18 who suffers from a permanent physical or mental
2195	2195	19 impairment resulting from disease, an injury, a
2196	2196	20 functional disorder, or a congenital condition
2197	2197	21 that renders the person incapable of adequately
2198	2198	22 providing for his or her own health or personal
2199	2199	23 care;
2200	2200	24 (13) the murdered individual was subject to an
2201	2201	25 order of protection and the murder was committed
2202	2202	26 by a person against whom the same order of
2203	2203
2204	2204
2205	2205
2206	2206
2207	2207
2208	2208	SB3540 - 61 - LRB103 38005 RLC 68137 b
2209	2209
2210	2210
2211	2211	SB3540- 62 -LRB103 38005 RLC 68137 b SB3540 - 62 - LRB103 38005 RLC 68137 b
2212	2212	SB3540 - 62 - LRB103 38005 RLC 68137 b
2213	2213	1 protection was issued under the Illinois Domestic
2214	2214	2 Violence Act of 1986;
2215	2215	3 (14) the murdered individual was known by the
2216	2216	4 defendant to be a teacher or other person employed
2217	2217	5 in any school and the teacher or other employee is
2218	2218	6 upon the grounds of a school or grounds adjacent
2219	2219	7 to a school, or is in any part of a building used
2220	2220	8 for school purposes;
2221	2221	9 (15) the murder was committed by the defendant
2222	2222	10 in connection with or as a result of the offense of
2223	2223	11 terrorism as defined in Section 29D-14.9 of this
2224	2224	12 Code;
2225	2225	13 (16) the murdered individual was a member of a
2226	2226	14 congregation engaged in prayer or other religious
2227	2227	15 activities at a church, synagogue, mosque, or
2228	2228	16 other building, structure, or place used for
2229	2229	17 religious worship; or
2230	2230	18 (17)(i) the murdered individual was a
2231	2231	19 physician, physician assistant, psychologist,
2232	2232	20 nurse, or advanced practice registered nurse;
2233	2233	21 (ii) the defendant knew or should have known
2234	2234	22 that the murdered individual was a physician,
2235	2235	23 physician assistant, psychologist, nurse, or
2236	2236	24 advanced practice registered nurse; and
2237	2237	25 (iii) the murdered individual was killed in
2238	2238	26 the course of acting in his or her capacity as a
2239	2239
2240	2240
2241	2241
2242	2242
2243	2243
2244	2244	SB3540 - 62 - LRB103 38005 RLC 68137 b
2245	2245
2246	2246
2247	2247	SB3540- 63 -LRB103 38005 RLC 68137 b SB3540 - 63 - LRB103 38005 RLC 68137 b
2248	2248	SB3540 - 63 - LRB103 38005 RLC 68137 b
2249	2249	1 physician, physician assistant, psychologist,
2250	2250	2 nurse, or advanced practice registered nurse, or
2251	2251	3 to prevent him or her from acting in that
2252	2252	4 capacity, or in retaliation for his or her acting
2253	2253	5 in that capacity.
2254	2254	6 (c) if the court does not impose the death
2255	2255	7 penalty, the court shall sentence the defendant to a
2256	2256	8 term of natural life imprisonment if the defendant, at
2257	2257	9 the time of the commission of the murder, had attained
2258	2258	10 the age of 18, and:
2259	2259	11 (i) has previously been convicted of first
2260	2260	12 degree murder under any state or federal law, or
2261	2261	13 (ii) is found guilty of murdering more than
2262	2262	14 one victim, or
2263	2263	15 (iii) is found guilty of murdering a peace
2264	2264	16 officer, fireman, or emergency management worker
2265	2265	17 when the peace officer, fireman, or emergency
2266	2266	18 management worker was killed in the course of
2267	2267	19 performing his official duties, or to prevent the
2268	2268	20 peace officer or fireman from performing his
2269	2269	21 official duties, or in retaliation for the peace
2270	2270	22 officer, fireman, or emergency management worker
2271	2271	23 from performing his official duties, and the
2272	2272	24 defendant knew or should have known that the
2273	2273	25 murdered individual was a peace officer, fireman,
2274	2274	26 or emergency management worker, or
2275	2275
2276	2276
2277	2277
2278	2278
2279	2279
2280	2280	SB3540 - 63 - LRB103 38005 RLC 68137 b
2281	2281
2282	2282
2283	2283	SB3540- 64 -LRB103 38005 RLC 68137 b SB3540 - 64 - LRB103 38005 RLC 68137 b
2284	2284	SB3540 - 64 - LRB103 38005 RLC 68137 b
2285	2285	1 (iv) is found guilty of murdering an employee
2286	2286	2 of an institution or facility of the Department of
2287	2287	3 Corrections, or any similar local correctional
2288	2288	4 agency, when the employee was killed in the course
2289	2289	5 of performing his official duties, or to prevent
2290	2290	6 the employee from performing his official duties,
2291	2291	7 or in retaliation for the employee performing his
2292	2292	8 official duties, or
2293	2293	9 (v) is found guilty of murdering an emergency
2294	2294	10 medical technician - ambulance, emergency medical
2295	2295	11 technician - intermediate, emergency medical
2296	2296	12 technician - paramedic, ambulance driver or other
2297	2297	13 medical assistance or first aid person while
2298	2298	14 employed by a municipality or other governmental
2299	2299	15 unit when the person was killed in the course of
2300	2300	16 performing official duties or to prevent the
2301	2301	17 person from performing official duties or in
2302	2302	18 retaliation for performing official duties and the
2303	2303	19 defendant knew or should have known that the
2304	2304	20 murdered individual was an emergency medical
2305	2305	21 technician - ambulance, emergency medical
2306	2306	22 technician - intermediate, emergency medical
2307	2307	23 technician - paramedic, ambulance driver, or other
2308	2308	24 medical assistant or first aid personnel, or
2309	2309	25 (vi) (blank), or
2310	2310	26 (vii) is found guilty of first degree murder
2311	2311
2312	2312
2313	2313
2314	2314
2315	2315
2316	2316	SB3540 - 64 - LRB103 38005 RLC 68137 b
2317	2317
2318	2318
2319	2319	SB3540- 65 -LRB103 38005 RLC 68137 b SB3540 - 65 - LRB103 38005 RLC 68137 b
2320	2320	SB3540 - 65 - LRB103 38005 RLC 68137 b
2321	2321	1 and the murder was committed by reason of any
2322	2322	2 person's activity as a community policing
2323	2323	3 volunteer or to prevent any person from engaging
2324	2324	4 in activity as a community policing volunteer. For
2325	2325	5 the purpose of this Section, "community policing
2326	2326	6 volunteer" has the meaning ascribed to it in
2327	2327	7 Section 2-3.5 of the Criminal Code of 2012.
2328	2328	8 For purposes of clause (v), "emergency medical
2329	2329	9 technician - ambulance", "emergency medical technician -
2330	2330	10 intermediate", "emergency medical technician -
2331	2331	11 paramedic", have the meanings ascribed to them in the
2332	2332	12 Emergency Medical Services (EMS) Systems Act.
2333	2333	13 (d)(i) if the person committed the offense while
2334	2334	14 armed with a firearm, 15 years shall be added to
2335	2335	15 the term of imprisonment imposed by the court;
2336	2336	16 (ii) if, during the commission of the offense, the
2337	2337	17 person personally discharged a firearm, 20 years shall
2338	2338	18 be added to the term of imprisonment imposed by the
2339	2339	19 court;
2340	2340	20 (iii) if, during the commission of the offense,
2341	2341	21 the person personally discharged a firearm that
2342	2342	22 proximately caused great bodily harm, permanent
2343	2343	23 disability, permanent disfigurement, or death to
2344	2344	24 another person, 25 years or up to a term of natural
2345	2345	25 life shall be added to the term of imprisonment
2346	2346	26 imposed by the court.
2347	2347
2348	2348
2349	2349
2350	2350
2351	2351
2352	2352	SB3540 - 65 - LRB103 38005 RLC 68137 b
2353	2353
2354	2354
2355	2355	SB3540- 66 -LRB103 38005 RLC 68137 b SB3540 - 66 - LRB103 38005 RLC 68137 b
2356	2356	SB3540 - 66 - LRB103 38005 RLC 68137 b
2357	2357	1 (2) (blank);
2358	2358	2 (2.5) for a person who has attained the age of 18 years
2359	2359	3 at the time of the commission of the offense and who is
2360	2360	4 convicted under the circumstances described in subdivision
2361	2361	5 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
2362	2362	6 subsection (b) of Section 12-13, subdivision (d)(2) of
2363	2363	7 Section 11-1.30 or paragraph (2) of subsection (d) of
2364	2364	8 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
2365	2365	9 paragraph (1.2) of subsection (b) of Section 12-14.1,
2366	2366	10 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
2367	2367	11 subsection (b) of Section 12-14.1 of the Criminal Code of
2368	2368	12 1961 or the Criminal Code of 2012, the sentence shall be a
2369	2369	13 term of natural life imprisonment.
2370	2370	14 (b) (Blank).
2371	2371	15 (c) (Blank).
2372	2372	16 (d) Subject to earlier termination under Section 3-3-8,
2373	2373	17 the parole or mandatory supervised release term shall be
2374	2374	18 written as part of the sentencing order and shall be as
2375	2375	19 follows:
2376	2376	20 (1) for first degree murder or for the offenses of
2377	2377	21 predatory criminal sexual assault of a child, aggravated
2378	2378	22 criminal sexual assault, and criminal sexual assault if
2379	2379	23 committed on or before December 12, 2005, 3 years;
2380	2380	24 (1.5) except as provided in paragraph (7) of this
2381	2381	25 subsection (d), for a Class X felony except for the
2382	2382	26 offenses of predatory criminal sexual assault of a child,
2383	2383
2384	2384
2385	2385
2386	2386
2387	2387
2388	2388	SB3540 - 66 - LRB103 38005 RLC 68137 b
2389	2389
2390	2390
2391	2391	SB3540- 67 -LRB103 38005 RLC 68137 b SB3540 - 67 - LRB103 38005 RLC 68137 b
2392	2392	SB3540 - 67 - LRB103 38005 RLC 68137 b
2393	2393	1 aggravated criminal sexual assault, and criminal sexual
2394	2394	2 assault if committed on or after December 13, 2005 (the
2395	2395	3 effective date of Public Act 94-715) and except for the
2396	2396	4 offense of aggravated child pornography under Section
2397	2397	5 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
2398	2398	6 subsection (c-5) of Section 11-20.1 of the Criminal Code
2399	2399	7 of 1961 or the Criminal Code of 2012, if committed on or
2400	2400	8 after January 1, 2009, 18 months;
2401	2401	9 (2) except as provided in paragraph (7) of this
2402	2402	10 subsection (d), for a Class 1 felony or a Class 2 felony
2403	2403	11 except for the offense of criminal sexual assault if
2404	2404	12 committed on or after December 13, 2005 (the effective
2405	2405	13 date of Public Act 94-715) and except for the offenses of
2406	2406	14 manufacture and dissemination of child pornography under
2407	2407	15 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
2408	2408	16 Criminal Code of 1961 or the Criminal Code of 2012, if
2409	2409	17 committed on or after January 1, 2009, 12 months;
2410	2410	18 (3) except as provided in paragraph (4), (6), or (7)
2411	2411	19 of this subsection (d), for a Class 3 felony or a Class 4
2412	2412	20 felony, 6 months; no later than 45 days after the onset of
2413	2413	21 the term of mandatory supervised release, the Prisoner
2414	2414	22 Review Board shall conduct a discretionary discharge
2415	2415	23 review pursuant to the provisions of Section 3-3-8, which
2416	2416	24 shall include the results of a standardized risk and needs
2417	2417	25 assessment tool administered by the Department of
2418	2418	26 Corrections; the changes to this paragraph (3) made by
2419	2419
2420	2420
2421	2421
2422	2422
2423	2423
2424	2424	SB3540 - 67 - LRB103 38005 RLC 68137 b
2425	2425
2426	2426
2427	2427	SB3540- 68 -LRB103 38005 RLC 68137 b SB3540 - 68 - LRB103 38005 RLC 68137 b
2428	2428	SB3540 - 68 - LRB103 38005 RLC 68137 b
2429	2429	1 this amendatory Act of the 102nd General Assembly apply to
2430	2430	2 all individuals released on mandatory supervised release
2431	2431	3 on or after the effective date of this amendatory Act of
2432	2432	4 the 102nd General Assembly, including those individuals
2433	2433	5 whose sentences were imposed prior to the effective date
2434	2434	6 of this amendatory Act of the 102nd General Assembly;
2435	2435	7 (4) for defendants who commit the offense of predatory
2436	2436	8 criminal sexual assault of a child, aggravated criminal
2437	2437	9 sexual assault, or criminal sexual assault, on or after
2438	2438	10 December 13, 2005 (the effective date of Public Act
2439	2439	11 94-715), or who commit the offense of aggravated child
2440	2440	12 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
2441	2441	13 with sentencing under subsection (c-5) of Section 11-20.1
2442	2442	14 of the Criminal Code of 1961 or the Criminal Code of 2012,
2443	2443	15 manufacture of child pornography, or dissemination of
2444	2444	16 child pornography after January 1, 2009, the term of
2445	2445	17 mandatory supervised release shall range from a minimum of
2446	2446	18 3 years to a maximum of the natural life of the defendant;
2447	2447	19 (5) if the victim is under 18 years of age, for a
2448	2448	20 second or subsequent offense of aggravated criminal sexual
2449	2449	21 abuse or felony criminal sexual abuse, 4 years, at least
2450	2450	22 the first 2 years of which the defendant shall serve in an
2451	2451	23 electronic monitoring or home detention program under
2452	2452	24 Article 8A of Chapter V of this Code;
2453	2453	25 (6) for a felony domestic battery, aggravated domestic
2454	2454	26 battery, stalking, aggravated stalking, and a felony
2455	2455
2456	2456
2457	2457
2458	2458
2459	2459
2460	2460	SB3540 - 68 - LRB103 38005 RLC 68137 b
2461	2461
2462	2462
2463	2463	SB3540- 69 -LRB103 38005 RLC 68137 b SB3540 - 69 - LRB103 38005 RLC 68137 b
2464	2464	SB3540 - 69 - LRB103 38005 RLC 68137 b
2465	2465	1 violation of an order of protection, 4 years;
2466	2466	2 (7) for any felony described in paragraph (a)(2)(ii),
2467	2467	3 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
2468	2468	4 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
2469	2469	5 3-6-3 of the Unified Code of Corrections requiring an
2470	2470	6 inmate to serve a minimum of 85% of their court-imposed
2471	2471	7 sentence, except for the offenses of predatory criminal
2472	2472	8 sexual assault of a child, aggravated criminal sexual
2473	2473	9 assault, and criminal sexual assault if committed on or
2474	2474	10 after December 13, 2005 (the effective date of Public Act
2475	2475	11 94-715) and except for the offense of aggravated child
2476	2476	12 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
2477	2477	13 with sentencing under subsection (c-5) of Section 11-20.1
2478	2478	14 of the Criminal Code of 1961 or the Criminal Code of 2012,
2479	2479	15 if committed on or after January 1, 2009 and except as
2480	2480	16 provided in paragraph (4) or paragraph (6) of this
2481	2481	17 subsection (d), the term of mandatory supervised release
2482	2482	18 shall be as follows:
2483	2483	19 (A) Class X felony, 3 years;
2484	2484	20 (B) Class 1 or Class 2 felonies, 2 years;
2485	2485	21 (C) Class 3 or Class 4 felonies, 1 year.
2486	2486	22 (e) (Blank).
2487	2487	23 (f) (Blank).
2488	2488	24 (g) Notwithstanding any other provisions of this Act and
2489	2489	25 of Public Act 101-652: (i) the provisions of paragraph (3) of
2490	2490	26 subsection (d) are effective on July 1, 2022 and shall apply to
2491	2491
2492	2492
2493	2493
2494	2494
2495	2495
2496	2496	SB3540 - 69 - LRB103 38005 RLC 68137 b
2497	2497
2498	2498
2499	2499	SB3540- 70 -LRB103 38005 RLC 68137 b SB3540 - 70 - LRB103 38005 RLC 68137 b
2500	2500	SB3540 - 70 - LRB103 38005 RLC 68137 b
2501	2501	1 all individuals convicted on or after the effective date of
2502	2502	2 paragraph (3) of subsection (d); and (ii) the provisions of
2503	2503	3 paragraphs (1.5) and (2) of subsection (d) are effective on
2504	2504	4 July 1, 2021 and shall apply to all individuals convicted on or
2505	2505	5 after the effective date of paragraphs (1.5) and (2) of
2506	2506	6 subsection (d).
2507	2507	7 (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
2508	2508	8 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
2509	2509	9 1-1-24.)
2510	2510	10 Section 995. No acceleration or delay. Where this Act
2511	2511	11 makes changes in a statute that is represented in this Act by
2512	2512	12 text that is not yet or no longer in effect (for example, a
2513	2513	13 Section represented by multiple versions), the use of that
2514	2514	14 text does not accelerate or delay the taking effect of (i) the
2515	2515	15 changes made by this Act or (ii) provisions derived from any
2516	2516	16 other Public Act.
2517	2517	SB3540- 71 -LRB103 38005 RLC 68137 b 1 INDEX 2 Statutes amended in order of appearance SB3540- 71 -LRB103 38005 RLC 68137 b SB3540 - 71 - LRB103 38005 RLC 68137 b 1 INDEX 2 Statutes amended in order of appearance
2518	2518	SB3540- 71 -LRB103 38005 RLC 68137 b SB3540 - 71 - LRB103 38005 RLC 68137 b
2519	2519	SB3540 - 71 - LRB103 38005 RLC 68137 b
2520	2520	1 INDEX
2521	2521	2 Statutes amended in order of appearance
2522	2522
2523	2523
2524	2524
2525	2525
2526	2526
2527	2527	SB3540 - 70 - LRB103 38005 RLC 68137 b
2528	2528
2529	2529
2530	2530
2531	2531	SB3540- 71 -LRB103 38005 RLC 68137 b SB3540 - 71 - LRB103 38005 RLC 68137 b
2532	2532	SB3540 - 71 - LRB103 38005 RLC 68137 b
2533	2533	1 INDEX
2534	2534	2 Statutes amended in order of appearance
2535	2535
2536	2536
2537	2537
2538	2538
2539	2539
2540	2540	SB3540 - 71 - LRB103 38005 RLC 68137 b