Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0299 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0299 Introduced 1/24/2025, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED: See Index Creates the Capital Crimes Litigation Act of 2025. Provides that if an indigent defendant is charged with an offense for which a sentence of death is authorized, and the State's Attorney has not, at or before arraignment, filed a certificate indicating he or she will not seek the death penalty or stated on the record in open court that the death penalty will not be sought, the trial court shall immediately appoint the Public Defender, or any other qualified attorney or attorneys as the Illinois Supreme Court shall by rule provide, to represent the defendant as trial counsel. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Trust Fund shall be used exclusively for the purposes of providing funding for the prosecution and defense of capital cases and for providing funding for post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Unified Code of Corrections. Reinstates the death penalty if: (1) the murdered individual was a peace officer, fireman, an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes. LRB104 03898 RLC 13922 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0299 Introduced 1/24/2025, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED: See Index See Index Creates the Capital Crimes Litigation Act of 2025. Provides that if an indigent defendant is charged with an offense for which a sentence of death is authorized, and the State's Attorney has not, at or before arraignment, filed a certificate indicating he or she will not seek the death penalty or stated on the record in open court that the death penalty will not be sought, the trial court shall immediately appoint the Public Defender, or any other qualified attorney or attorneys as the Illinois Supreme Court shall by rule provide, to represent the defendant as trial counsel. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Trust Fund shall be used exclusively for the purposes of providing funding for the prosecution and defense of capital cases and for providing funding for post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Unified Code of Corrections. Reinstates the death penalty if: (1) the murdered individual was a peace officer, fireman, an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes. LRB104 03898 RLC 13922 b LRB104 03898 RLC 13922 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0299 Introduced 1/24/2025, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
33 See Index See Index
44 See Index
55 Creates the Capital Crimes Litigation Act of 2025. Provides that if an indigent defendant is charged with an offense for which a sentence of death is authorized, and the State's Attorney has not, at or before arraignment, filed a certificate indicating he or she will not seek the death penalty or stated on the record in open court that the death penalty will not be sought, the trial court shall immediately appoint the Public Defender, or any other qualified attorney or attorneys as the Illinois Supreme Court shall by rule provide, to represent the defendant as trial counsel. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Trust Fund shall be used exclusively for the purposes of providing funding for the prosecution and defense of capital cases and for providing funding for post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Unified Code of Corrections. Reinstates the death penalty if: (1) the murdered individual was a peace officer, fireman, an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the
1515 5 Capital Crimes Litigation Act of 2025.
1616 6 Section 5. Appointment of trial counsel in death penalty
1717 7 cases. If an indigent defendant is charged with an offense for
1818 8 which a sentence of death is authorized, and the State's
1919 9 Attorney has not, at or before arraignment, filed a
2020 10 certificate indicating he or she will not seek the death
2121 11 penalty or stated on the record in open court that the death
2222 12 penalty will not be sought, the trial court shall immediately
2323 13 appoint the Public Defender, or any other qualified attorney
2424 14 or attorneys as the Illinois Supreme Court shall by rule
2525 15 provide, to represent the defendant as trial counsel. If the
2626 16 Public Defender is appointed, he or she shall immediately
2727 17 assign the attorney or attorneys who are public defenders to
2828 18 represent the defendant. The counsel shall meet the
2929 19 qualifications as the Supreme Court shall by rule provide. At
3030 20 the request of court appointed counsel in a case in which the
3131 21 death penalty is sought, attorneys employed by the State
3232 22 Appellate Defender may enter an appearance for the limited
3333 23 purpose of assisting counsel appointed under this Section.
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0299 Introduced 1/24/2025, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
3838 See Index See Index
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4040 Creates the Capital Crimes Litigation Act of 2025. Provides that if an indigent defendant is charged with an offense for which a sentence of death is authorized, and the State's Attorney has not, at or before arraignment, filed a certificate indicating he or she will not seek the death penalty or stated on the record in open court that the death penalty will not be sought, the trial court shall immediately appoint the Public Defender, or any other qualified attorney or attorneys as the Illinois Supreme Court shall by rule provide, to represent the defendant as trial counsel. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Trust Fund shall be used exclusively for the purposes of providing funding for the prosecution and defense of capital cases and for providing funding for post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Unified Code of Corrections. Reinstates the death penalty if: (1) the murdered individual was a peace officer, fireman, an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes.
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6868 1 Section 10. Court appointed trial counsel; compensation
6969 2 and expenses.
7070 3 (a) This Section applies only to compensation and expenses
7171 4 of trial counsel appointed by the court as set forth in Section
7272 5 5, other than public defenders, for the period after
7373 6 arraignment and so long as the State's Attorney has not, at any
7474 7 time, filed a certificate indicating he or she will not seek
7575 8 the death penalty or stated on the record in open court that
7676 9 the death penalty will not be sought.
7777 10 (a-5) Litigation budget.
7878 11 (1) In a case in which the State has filed a statement
7979 12 of intent to seek the death penalty, the court shall
8080 13 require appointed counsel, including those appointed in
8181 14 Cook County, after counsel has had adequate time to review
8282 15 the case and prior to engaging trial assistance, to submit
8383 16 a proposed estimated litigation budget for court approval,
8484 17 that will be subject to modification in light of facts and
8585 18 developments that emerge as the case proceeds. Case
8686 19 budgets should be submitted ex parte and filed and
8787 20 maintained under seal in order to protect the defendant's
8888 21 right to effective assistance of counsel, right not to
8989 22 incriminate him or herself and all applicable privileges.
9090 23 Case budgets shall be reviewed and approved by the judge
9191 24 assigned to try the case. As provided under subsection (c)
9292 25 of this Section, petitions for compensation shall be
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103103 1 reviewed by both the trial judge and the presiding judge
104104 2 or the presiding judge's designee.
105105 3 (2) The litigation budget shall serve purposes
106106 4 comparable to those of private retainer agreements by
107107 5 confirming both the court's and the attorney's
108108 6 expectations regarding fees and expenses. Consideration
109109 7 should be given to employing an ex parte pretrial
110110 8 conference in order to facilitate reaching agreement on a
111111 9 litigation budget at the earliest opportunity.
112112 10 (3) The budget shall be incorporated into a sealed
113113 11 initial pretrial order that reflects the understandings of
114114 12 the court and counsel regarding all matters affecting
115115 13 counsel compensation and reimbursement and payments for
116116 14 investigative, expert and other services, including, but
117117 15 not limited to, the following matters:
118118 16 (A) the hourly rate at which counsel will be
119119 17 compensated;
120120 18 (B) the hourly rate at which private
121121 19 investigators, other than investigators employed by
122122 20 the Office of the State Appellate Defender, will be
123123 21 compensated; and
124124 22 (C) the best preliminary estimate that can be made
125125 23 of the cost of all services, including, but not
126126 24 limited to, counsel, expert, and investigative
127127 25 services that are likely to be needed through the
128128 26 guilt and penalty phases of the trial. The court shall
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139139 1 have discretion to require that budgets be prepared
140140 2 for shorter intervals of time.
141141 3 (4) Appointed counsel may obtain, subject to later
142142 4 review, investigative, expert, or other services without
143143 5 prior authorization if necessary for an adequate defense.
144144 6 If the services are obtained, the presiding judge or the
145145 7 presiding judge's designee shall consider in an ex parte
146146 8 proceeding that timely procurement of necessary services
147147 9 could not await prior authorization. If an ex parte
148148 10 hearing is requested by defense counsel or deemed
149149 11 necessary by the trial judge prior to modifying a budget,
150150 12 the ex parte hearing shall be before the presiding judge
151151 13 or the presiding judge's designee. The judge may then
152152 14 authorize the services nunc pro tunc. If the presiding
153153 15 judge or the presiding judge's designee finds that the
154154 16 services were not reasonable, payment may be denied.
155155 17 (5) An approved budget shall guide counsel's use of
156156 18 time and resources by indicating the services for which
157157 19 compensation is authorized. The case budget shall be
158158 20 re-evaluated when justified by changed or unexpected
159159 21 circumstances and shall be modified by the court when
160160 22 reasonable and necessary for an adequate defense. If an ex
161161 23 parte hearing is requested by defense counsel or deemed
162162 24 necessary by the trial judge prior to modifying a budget,
163163 25 the ex parte hearing shall be before the presiding judge
164164 26 or the presiding judge's designee.
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175175 1 (b) Appointed trial counsel shall be compensated upon
176176 2 presentment and certification by the circuit court of a claim
177177 3 for services detailing the date, activity, and time duration
178178 4 for which compensation is sought. Compensation for appointed
179179 5 trial counsel may be paid at a reasonable rate not to exceed
180180 6 $125 per hour. The court shall not authorize payment of bills
181181 7 that are not properly itemized. A request for payment shall be
182182 8 presented under seal and reviewed ex parte with a court
183183 9 reporter present. Every January 20, the statutory rate
184184 10 prescribed in this subsection shall be automatically increased
185185 11 or decreased, as applicable, by a percentage equal to the
186186 12 percentage change in the consumer price index-u during the
187187 13 preceding 12-month calendar year. "Consumer price index-u"
188188 14 means the index published by the Bureau of Labor Statistics of
189189 15 the United States Department of Labor that measures the
190190 16 average change in prices of goods and services purchased by
191191 17 all urban consumers, United States city average, all items,
192192 18 1982-84=100. The new rate resulting from each annual
193193 19 adjustment shall be determined by the State Treasurer and made
194194 20 available to the chief judge of each judicial circuit.
195195 21 (c) Appointed trial counsel may also petition the court
196196 22 for certification of expenses for reasonable and necessary
197197 23 capital litigation expenses including, but not limited to,
198198 24 investigatory and other assistance, expert, forensic, and
199199 25 other witnesses, and mitigation specialists. Each provider of
200200 26 proposed services must specify the best preliminary estimate
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211211 1 that can be made in light of information received in the case
212212 2 at that point, and the provider must sign this estimate under
213213 3 the provisions of Section 1-109 of the Code of Civil
214214 4 Procedure. A provider of proposed services must also specify:
215215 5 (1) his or her hourly rate; (2) the hourly rate of anyone else
216216 6 in his or her employ for whom reimbursement is sought; and (3)
217217 7 the hourly rate of any person or entity that may be
218218 8 subcontracted to perform these services. Counsel may not
219219 9 petition for certification of expenses that may have been
220220 10 provided or compensated by the State Appellate Defender under
221221 11 item (c)(5.1) of Section 10 of the State Appellate Defender
222222 12 Act. The petitions shall be filed under seal and considered ex
223223 13 parte but with a court reporter present for all ex parte
224224 14 conferences. If the requests are submitted after services have
225225 15 been rendered, the requests shall be supported by an invoice
226226 16 describing the services rendered, the dates the services were
227227 17 performed and the amount of time spent. These petitions shall
228228 18 be reviewed by both the trial judge and the presiding judge of
229229 19 the circuit court or the presiding judge's designee. The
230230 20 petitions and orders shall be kept under seal and shall be
231231 21 exempt from Freedom of Information requests until the
232232 22 conclusion of the trial, even if the prosecution chooses not
233233 23 to pursue the death penalty prior to trial or sentencing. If an
234234 24 ex parte hearing is requested by defense counsel or deemed
235235 25 necessary by the trial judge, the hearing shall be before the
236236 26 presiding judge or the presiding judge's designee.
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247247 1 (d) Appointed trial counsel shall petition the court for
248248 2 certification of compensation and expenses under this Section
249249 3 periodically during the course of counsel's representation.
250250 4 The petitions shall be supported by itemized bills showing the
251251 5 date, the amount of time spent, the work done, and the total
252252 6 being charged for each entry. The court shall not authorize
253253 7 payment of bills that are not properly itemized. The court
254254 8 must certify reasonable and necessary expenses of the
255255 9 petitioner for travel and per diem (lodging, meals, and
256256 10 incidental expenses). These expenses must be paid at the rate
257257 11 as promulgated by the United States General Services
258258 12 Administration for these expenses for the date and location in
259259 13 which they were incurred, unless extraordinary reasons are
260260 14 shown for the difference. The petitions shall be filed under
261261 15 seal and considered ex parte but with a court reporter present
262262 16 for all ex parte conferences. The petitions shall be reviewed
263263 17 by both the trial judge and the presiding judge of the circuit
264264 18 court or the presiding judge's designee. If an ex parte
265265 19 hearing is requested by defense counsel or deemed necessary by
266266 20 the trial judge, the ex parte hearing shall be before the
267267 21 presiding judge or the presiding judge's designee. If the
268268 22 court determines that the compensation and expenses should be
269269 23 paid from the Capital Litigation Trust Fund, the court shall
270270 24 certify, on a form created by the State Treasurer, that all or
271271 25 a designated portion of the amount requested is reasonable,
272272 26 necessary, and appropriate for payment from the Trust Fund.
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283283 1 The form must also be signed by lead trial counsel under the
284284 2 provisions of Section 1-109 of the Code of Civil Procedure
285285 3 verifying that the amount requested is reasonable, necessary,
286286 4 and appropriate. Bills submitted for payment by any individual
287287 5 or entity seeking payment from the Capital Litigation Trust
288288 6 Fund must also be accompanied by a form created by the State
289289 7 Treasurer and signed by the individual or responsible agent of
290290 8 the entity under the provisions of Section 1-109 of the Code of
291291 9 Civil Procedure that the amount requested is accurate and
292292 10 truthful and reflects time spent or expenses incurred.
293293 11 Certification of compensation and expenses by a court in any
294294 12 county other than Cook County shall be delivered by the court
295295 13 to the State Treasurer and must be paid by the State Treasurer
296296 14 directly from the Capital Litigation Trust Fund if there are
297297 15 sufficient moneys in the Trust Fund to pay the compensation
298298 16 and expenses. If the State Treasurer finds within 14 days of
299299 17 his or her receipt of a certification that the compensation
300300 18 and expenses to be paid are unreasonable, unnecessary, or
301301 19 inappropriate, he or she may return the certification to the
302302 20 court setting forth in detail the objection or objections with
303303 21 a request for the court to review the objection or objections
304304 22 before resubmitting the certification. The State Treasurer
305305 23 must send the claimant a copy of the objection or objections.
306306 24 The State Treasurer may only seek a review of a specific
307307 25 objection once. The claimant has 7 days from his or her receipt
308308 26 of the objections to file a response with the court. With or
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319319 1 without further hearing, the court must promptly rule on the
320320 2 objections. The petitions and orders shall be kept under seal
321321 3 and shall be exempt from Freedom of Information requests until
322322 4 the conclusion of the trial and appeal of the case, even if the
323323 5 prosecution chooses not to pursue the death penalty prior to
324324 6 trial or sentencing. Certification of compensation and
325325 7 expenses by a court in Cook County shall be delivered by the
326326 8 court to the county treasurer and paid by the county treasurer
327327 9 from moneys granted to the county from the Capital Litigation
328328 10 Trust Fund.
329329 11 Section 15. Capital Litigation Trust Fund.
330330 12 (a) The Capital Litigation Trust Fund is created as a
331331 13 special fund in the State Treasury. The Trust Fund shall be
332332 14 administered by the State Treasurer to provide moneys for the
333333 15 appropriations to be made, grants to be awarded, and
334334 16 compensation and expenses to be paid under this Act. All
335335 17 interest earned from the investment or deposit of moneys
336336 18 accumulated in the Trust Fund shall, under Section 4.1 of the
337337 19 State Finance Act, be deposited into the Trust Fund.
338338 20 (b) Moneys deposited into the Trust Fund shall not be
339339 21 considered general revenue of the State of Illinois.
340340 22 (c) Moneys deposited into the Trust Fund shall be used
341341 23 exclusively for the purposes of providing funding for the
342342 24 prosecution and defense of capital cases and for providing
343343 25 funding for post-conviction proceedings in capital cases under
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354354 1 Article 122 of the Code of Criminal Procedure of 1963 and in
355355 2 relation to petitions filed under Section 2-1401 of the Code
356356 3 of Civil Procedure in relation to capital cases as provided in
357357 4 this Act and shall not be appropriated, loaned, or in any
358358 5 manner transferred to the General Revenue Fund of the State of
359359 6 Illinois.
360360 7 (d) Every fiscal year the State Treasurer shall transfer
361361 8 from the General Revenue Fund to the Capital Litigation Trust
362362 9 Fund an amount equal to the full amount of moneys appropriated
363363 10 by the General Assembly (both by original and supplemental
364364 11 appropriation), less any unexpended balance from the previous
365365 12 fiscal year, from the Capital Litigation Trust Fund for the
366366 13 specific purpose of making funding available for the
367367 14 prosecution and defense of capital cases and for the
368368 15 litigation expenses associated with post-conviction
369369 16 proceedings in capital cases under Article 122 of the Code of
370370 17 Criminal Procedure of 1963 and in relation to petitions filed
371371 18 under Section 2-1401 of the Code of Civil Procedure in
372372 19 relation to capital cases. The Public Defender and State's
373373 20 Attorney in Cook County, the State Appellate Defender, the
374374 21 State's Attorneys Appellate Prosecutor, and the Attorney
375375 22 General shall make annual requests for appropriations from the
376376 23 Trust Fund.
377377 24 (1) The Public Defender in Cook County shall request
378378 25 appropriations to the State Treasurer for expenses
379379 26 incurred by the Public Defender and for funding for
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390390 1 private appointed defense counsel in Cook County.
391391 2 (2) The State's Attorney in Cook County shall request
392392 3 an appropriation to the State Treasurer for expenses
393393 4 incurred by the State's Attorney.
394394 5 (3) The State Appellate Defender shall request a
395395 6 direct appropriation from the Trust Fund for expenses
396396 7 incurred by the State Appellate Defender in providing
397397 8 assistance to trial attorneys under item (c)(5.1) of
398398 9 Section 10 of the State Appellate Defender Act and for
399399 10 expenses incurred by the State Appellate Defender in
400400 11 representing petitioners in capital cases in
401401 12 post-conviction proceedings under Article 122 of the Code
402402 13 of Criminal Procedure of 1963 and in relation to petitions
403403 14 filed under Section 2-1401 of the Code of Civil Procedure
404404 15 in relation to capital cases and for the representation of
405405 16 those petitioners by attorneys approved by or contracted
406406 17 with the State Appellate Defender and an appropriation to
407407 18 the State Treasurer for payments from the Trust Fund for
408408 19 the defense of cases in counties other than Cook County.
409409 20 (4) The State's Attorneys Appellate Prosecutor shall
410410 21 request a direct appropriation from the Trust Fund to pay
411411 22 expenses incurred by the State's Attorneys Appellate
412412 23 Prosecutor and an appropriation to the State Treasurer for
413413 24 payments from the Trust Fund for expenses incurred by
414414 25 State's Attorneys in counties other than Cook County.
415415 26 (5) The Attorney General shall request a direct
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426426 1 appropriation from the Trust Fund to pay expenses incurred
427427 2 by the Attorney General in assisting the State's Attorneys
428428 3 in counties other than Cook County and to pay for expenses
429429 4 incurred by the Attorney General when the Attorney General
430430 5 is ordered by the presiding judge of the Criminal Division
431431 6 of the Circuit Court of Cook County to prosecute or
432432 7 supervise the prosecution of Cook County cases and for
433433 8 expenses incurred by the Attorney General in representing
434434 9 the State in post-conviction proceedings in capital cases
435435 10 under Article 122 of the Code of Criminal Procedure of
436436 11 1963 and in relation to petitions filed under Section
437437 12 2-1401 of the Code of Civil Procedure in relation to
438438 13 capital cases. The Public Defender and State's Attorney in
439439 14 Cook County, the State Appellate Defender, the State's
440440 15 Attorneys Appellate Prosecutor, and the Attorney General
441441 16 may each request supplemental appropriations from the
442442 17 Trust Fund during the fiscal year.
443443 18 (e) Moneys in the Trust Fund shall be expended only as
444444 19 follows:
445445 20 (1) To pay the State Treasurer's costs to administer
446446 21 the Trust Fund. The amount for this purpose may not exceed
447447 22 5% in any one fiscal year of the amount otherwise
448448 23 appropriated from the Trust Fund in the same fiscal year.
449449 24 (2) To pay the capital litigation expenses of trial
450450 25 defense and post-conviction proceedings in capital cases
451451 26 under Article 122 of the Code of Criminal Procedure of
452452
453453
454454
455455
456456
457457 SB0299 - 12 - LRB104 03898 RLC 13922 b
458458
459459
460460 SB0299- 13 -LRB104 03898 RLC 13922 b SB0299 - 13 - LRB104 03898 RLC 13922 b
461461 SB0299 - 13 - LRB104 03898 RLC 13922 b
462462 1 1963 and in relation to petitions filed under Section
463463 2 2-1401 of the Code of Civil Procedure in relation to
464464 3 capital cases including, but not limited to, DNA testing,
465465 4 including DNA testing under Section 116-3 of the Code of
466466 5 Criminal Procedure of 1963, analysis, and expert
467467 6 testimony, investigatory and other assistance, expert,
468468 7 forensic, and other witnesses, and mitigation specialists,
469469 8 and grants and aid provided to public defenders, appellate
470470 9 defenders, and any attorney approved by or contracted with
471471 10 the State Appellate Defender representing petitioners in
472472 11 post-conviction proceedings in capital cases under Article
473473 12 122 of the Code of Criminal Procedure of 1963 and in
474474 13 relation to petitions filed under Section 2-1401 of the
475475 14 Code of Civil Procedure in relation to capital cases or
476476 15 assistance to attorneys who have been appointed by the
477477 16 court to represent defendants who are charged with capital
478478 17 crimes. Reasonable and necessary capital litigation
479479 18 expenses include travel and per diem (lodging, meals, and
480480 19 incidental expenses).
481481 20 (3) To pay the compensation of trial attorneys, other
482482 21 than public defenders or appellate defenders, who have
483483 22 been appointed by the court to represent defendants who
484484 23 are charged with capital crimes or attorneys approved by
485485 24 or contracted with the State Appellate Defender to
486486 25 represent petitioners in post-conviction proceedings in
487487 26 capital cases under Article 122 of the Code of Criminal
488488
489489
490490
491491
492492
493493 SB0299 - 13 - LRB104 03898 RLC 13922 b
494494
495495
496496 SB0299- 14 -LRB104 03898 RLC 13922 b SB0299 - 14 - LRB104 03898 RLC 13922 b
497497 SB0299 - 14 - LRB104 03898 RLC 13922 b
498498 1 Procedure of 1963 and in relation to petitions filed under
499499 2 Section 2-1401 of the Code of Civil Procedure in relation
500500 3 to capital cases.
501501 4 (4) To provide State's Attorneys with funding for
502502 5 capital litigation expenses and for expenses of
503503 6 representing the State in post-conviction proceedings in
504504 7 capital cases under Article 122 of the Code of Criminal
505505 8 Procedure of 1963 and in relation to petitions filed under
506506 9 Section 2-1401 of the Code of Civil Procedure in relation
507507 10 to capital cases including, but not limited to,
508508 11 investigatory and other assistance and expert, forensic,
509509 12 and other witnesses necessary to prosecute capital cases.
510510 13 State's Attorneys in any county other than Cook County
511511 14 seeking funding for capital litigation expenses and for
512512 15 expenses of representing the State in post-conviction
513513 16 proceedings in capital cases under Article 122 of the Code
514514 17 of Criminal Procedure of 1963 and in relation to petitions
515515 18 filed under Section 2-1401 of the Code of Civil Procedure
516516 19 in relation to capital cases including, but not limited
517517 20 to, investigatory and other assistance and expert,
518518 21 forensic, or other witnesses under this Section may
519519 22 request that the State's Attorneys Appellate Prosecutor or
520520 23 the Attorney General, as the case may be, certify the
521521 24 expenses as reasonable, necessary, and appropriate for
522522 25 payment from the Trust Fund, on a form created by the State
523523 26 Treasurer. Upon certification of the expenses and delivery
524524
525525
526526
527527
528528
529529 SB0299 - 14 - LRB104 03898 RLC 13922 b
530530
531531
532532 SB0299- 15 -LRB104 03898 RLC 13922 b SB0299 - 15 - LRB104 03898 RLC 13922 b
533533 SB0299 - 15 - LRB104 03898 RLC 13922 b
534534 1 of the certification to the State Treasurer, the Treasurer
535535 2 shall pay the expenses directly from the Capital
536536 3 Litigation Trust Fund if there are sufficient moneys in
537537 4 the Trust Fund to pay the expenses.
538538 5 (5) To provide financial support through the Attorney
539539 6 General under the Attorney General Act for the several
540540 7 county State's Attorneys outside of Cook County, but shall
541541 8 not be used to increase personnel for the Attorney
542542 9 General's Office, except when the Attorney General is
543543 10 ordered by the presiding judge of the Criminal Division of
544544 11 the Circuit Court of Cook County to prosecute or supervise
545545 12 the prosecution of Cook County cases.
546546 13 (6) To provide financial support through the State's
547547 14 Attorneys Appellate Prosecutor under the State's Attorneys
548548 15 Appellate Prosecutor's Act for the several county State's
549549 16 Attorneys outside of Cook County, but shall not be used to
550550 17 increase personnel for the State's Attorneys Appellate
551551 18 Prosecutor.
552552 19 (7) To provide financial support to the State
553553 20 Appellate Defender under the State Appellate Defender Act.
554554 21 Moneys expended from the Trust Fund shall be in addition
555555 22 to county funding for Public Defenders and State's
556556 23 Attorneys, and shall not be used to supplant or reduce
557557 24 ordinary and customary county funding.
558558 25 (f) Moneys in the Trust Fund shall be appropriated to the
559559 26 State Appellate Defender, the State's Attorneys Appellate
560560
561561
562562
563563
564564
565565 SB0299 - 15 - LRB104 03898 RLC 13922 b
566566
567567
568568 SB0299- 16 -LRB104 03898 RLC 13922 b SB0299 - 16 - LRB104 03898 RLC 13922 b
569569 SB0299 - 16 - LRB104 03898 RLC 13922 b
570570 1 Prosecutor, the Attorney General, and the State Treasurer. The
571571 2 State Appellate Defender shall receive an appropriation from
572572 3 the Trust Fund to enable it to provide assistance to appointed
573573 4 defense counsel and attorneys approved by or contracted with
574574 5 the State Appellate Defender to represent petitioners in
575575 6 post-conviction proceedings in capital cases under Article 122
576576 7 of the Code of Criminal Procedure of 1963 and in relation to
577577 8 petitions filed under Section 2-1401 of the Code of Civil
578578 9 Procedure in relation to capital cases throughout the State
579579 10 and to Public Defenders in counties other than Cook. The
580580 11 State's Attorneys Appellate Prosecutor and the Attorney
581581 12 General shall receive appropriations from the Trust Fund to
582582 13 enable them to provide assistance to State's Attorneys in
583583 14 counties other than Cook County and when the Attorney General
584584 15 is ordered by the presiding judge of the Criminal Division of
585585 16 the Circuit Court of Cook County to prosecute or supervise the
586586 17 prosecution of Cook County cases. Moneys shall be appropriated
587587 18 to the State Treasurer to enable the Treasurer: (i) to make
588588 19 grants to Cook County; (ii) to pay the expenses of Public
589589 20 Defenders, the State Appellate Defender, the Attorney General,
590590 21 the Office of the State's Attorneys Appellate Prosecutor, and
591591 22 State's Attorneys in counties other than Cook County; (iii) to
592592 23 pay the expenses and compensation of appointed defense counsel
593593 24 and attorneys approved by or contracted with the State
594594 25 Appellate Defender to represent petitioners in post-conviction
595595 26 proceedings in capital cases under Article 122 of the Code of
596596
597597
598598
599599
600600
601601 SB0299 - 16 - LRB104 03898 RLC 13922 b
602602
603603
604604 SB0299- 17 -LRB104 03898 RLC 13922 b SB0299 - 17 - LRB104 03898 RLC 13922 b
605605 SB0299 - 17 - LRB104 03898 RLC 13922 b
606606 1 Criminal Procedure of 1963 and in relation to petitions filed
607607 2 under Section 2-1401 of the Code of Civil Procedure in
608608 3 relation to capital cases in counties other than Cook County;
609609 4 and (iv) to pay the costs of administering the Trust Fund. All
610610 5 expenditures and grants made from the Trust Fund shall be
611611 6 subject to audit by the Auditor General.
612612 7 (g) For Cook County, grants from the Trust Fund shall be
613613 8 made and administered as follows:
614614 9 (1) For each State fiscal year, the State's Attorney
615615 10 and Public Defender must each make a separate application
616616 11 to the State Treasurer for capital litigation grants.
617617 12 (2) The State Treasurer shall establish rules and
618618 13 procedures for grant applications. The rules shall require
619619 14 the Cook County Treasurer as the grant recipient to report
620620 15 on a periodic basis to the State Treasurer how much of the
621621 16 grant has been expended, how much of the grant is
622622 17 remaining, and the purposes for which the grant has been
623623 18 used. The rules may also require the Cook County Treasurer
624624 19 to certify on a periodic basis that expenditures of the
625625 20 funds have been made for expenses that are reasonable,
626626 21 necessary, and appropriate for payment from the Trust
627627 22 Fund.
628628 23 (3) The State Treasurer shall make the grants to the
629629 24 Cook County Treasurer as soon as possible after the
630630 25 beginning of the State fiscal year.
631631 26 (4) The State's Attorney or Public Defender may apply
632632
633633
634634
635635
636636
637637 SB0299 - 17 - LRB104 03898 RLC 13922 b
638638
639639
640640 SB0299- 18 -LRB104 03898 RLC 13922 b SB0299 - 18 - LRB104 03898 RLC 13922 b
641641 SB0299 - 18 - LRB104 03898 RLC 13922 b
642642 1 for supplemental grants during the fiscal year.
643643 2 (5) Grant moneys shall be paid to the Cook County
644644 3 Treasurer in block grants and held in separate accounts
645645 4 for the State's Attorney, the Public Defender, and court
646646 5 appointed defense counsel other than the Cook County
647647 6 Public Defender, respectively, for the designated fiscal
648648 7 year, and are not subject to county appropriation.
649649 8 (6) Expenditure of grant moneys under this subsection
650650 9 (g) is subject to audit by the Auditor General.
651651 10 (7) The Cook County Treasurer shall immediately make
652652 11 payment from the appropriate separate account in the
653653 12 county treasury for capital litigation expenses to the
654654 13 State's Attorney, Public Defender, or court appointed
655655 14 defense counsel other than the Public Defender, as the
656656 15 case may be, upon order of the State's Attorney, Public
657657 16 Defender or the court, respectively.
658658 17 (h) If a defendant in a capital case in Cook County is
659659 18 represented by court appointed counsel other than the Cook
660660 19 County Public Defender, the appointed counsel shall petition
661661 20 the court for an order directing the Cook County Treasurer to
662662 21 pay the court appointed counsel's reasonable and necessary
663663 22 compensation and capital litigation expenses from grant moneys
664664 23 provided from the Trust Fund. The petitions shall be supported
665665 24 by itemized bills showing the date, the amount of time spent,
666666 25 the work done, and the total being charged for each entry. The
667667 26 court shall not authorize payment of bills that are not
668668
669669
670670
671671
672672
673673 SB0299 - 18 - LRB104 03898 RLC 13922 b
674674
675675
676676 SB0299- 19 -LRB104 03898 RLC 13922 b SB0299 - 19 - LRB104 03898 RLC 13922 b
677677 SB0299 - 19 - LRB104 03898 RLC 13922 b
678678 1 properly itemized. The petitions shall be filed under seal and
679679 2 considered ex parte but with a court reporter present for all
680680 3 ex parte conferences. The petitions shall be reviewed by both
681681 4 the trial judge and the presiding judge of the circuit court or
682682 5 the presiding judge's designee. The petitions and orders shall
683683 6 be kept under seal and shall be exempt from Freedom of
684684 7 Information requests until the conclusion of the trial and
685685 8 appeal of the case, even if the prosecution chooses not to
686686 9 pursue the death penalty prior to trial or sentencing. Orders
687687 10 denying petitions for compensation or expenses are final.
688688 11 Counsel may not petition for expenses that may have been
689689 12 provided or compensated by the State Appellate Defender under
690690 13 item (c)(5.1) of Section 10 of the State Appellate Defender
691691 14 Act.
692692 15 (i) In counties other than Cook County, and when the
693693 16 Attorney General is ordered by the presiding judge of the
694694 17 Criminal Division of the Circuit Court of Cook County to
695695 18 prosecute or supervise the prosecution of Cook County cases,
696696 19 and excluding capital litigation expenses or services that may
697697 20 have been provided by the State Appellate Defender under item
698698 21 (c)(5.1) of Section 10 of the State Appellate Defender Act:
699699 22 (1) Upon certification by the circuit court, on a form
700700 23 created by the State Treasurer, that all or a portion of
701701 24 the expenses are reasonable, necessary, and appropriate
702702 25 for payment from the Trust Fund and the court's delivery
703703 26 of the certification to the Treasurer, the Treasurer shall
704704
705705
706706
707707
708708
709709 SB0299 - 19 - LRB104 03898 RLC 13922 b
710710
711711
712712 SB0299- 20 -LRB104 03898 RLC 13922 b SB0299 - 20 - LRB104 03898 RLC 13922 b
713713 SB0299 - 20 - LRB104 03898 RLC 13922 b
714714 1 pay the certified expenses of Public Defenders and the
715715 2 State Appellate Defender from the money appropriated to
716716 3 the Treasurer for capital litigation expenses of Public
717717 4 Defenders and post-conviction proceeding expenses in
718718 5 capital cases of the State Appellate Defender and expenses
719719 6 in relation to petitions filed under Section 2-1401 of the
720720 7 Code of Civil Procedure in relation to capital cases in
721721 8 any county other than Cook County, if there are sufficient
722722 9 moneys in the Trust Fund to pay the expenses.
723723 10 (2) If a defendant in a capital case is represented by
724724 11 court appointed counsel other than the Public Defender,
725725 12 the appointed counsel shall petition the court to certify
726726 13 compensation and capital litigation expenses including,
727727 14 but not limited to, investigatory and other assistance,
728728 15 expert, forensic, and other witnesses, and mitigation
729729 16 specialists as reasonable, necessary, and appropriate for
730730 17 payment from the Trust Fund. If a petitioner in a capital
731731 18 case who has filed a petition for post-conviction relief
732732 19 under Article 122 of the Code of Criminal Procedure of
733733 20 1963 or a petition under Section 2-1401 of the Code of
734734 21 Civil Procedure in relation to capital cases is
735735 22 represented by an attorney approved by or contracted with
736736 23 the State Appellate Defender other than the State
737737 24 Appellate Defender, that attorney shall petition the court
738738 25 to certify compensation and litigation expenses of
739739 26 post-conviction proceedings under Article 122 of the Code
740740
741741
742742
743743
744744
745745 SB0299 - 20 - LRB104 03898 RLC 13922 b
746746
747747
748748 SB0299- 21 -LRB104 03898 RLC 13922 b SB0299 - 21 - LRB104 03898 RLC 13922 b
749749 SB0299 - 21 - LRB104 03898 RLC 13922 b
750750 1 of Criminal Procedure of 1963 or in relation to petitions
751751 2 filed under Section 2-1401 of the Code of Civil Procedure
752752 3 in relation to capital cases. Upon certification on a form
753753 4 created by the State Treasurer of all or a portion of the
754754 5 compensation and expenses certified as reasonable,
755755 6 necessary, and appropriate for payment from the Trust Fund
756756 7 and the court's delivery of the certification to the
757757 8 Treasurer, the State Treasurer shall pay the certified
758758 9 compensation and expenses from the money appropriated to
759759 10 the Treasurer for that purpose, if there are sufficient
760760 11 moneys in the Trust Fund to make those payments.
761761 12 (3) A petition for capital litigation expenses or
762762 13 post-conviction proceeding expenses or expenses incurred
763763 14 in filing a petition under Section 2-1401 of the Code of
764764 15 Civil Procedure in relation to capital cases under this
765765 16 subsection shall be considered under seal and reviewed ex
766766 17 parte with a court reporter present. Orders denying
767767 18 petitions for compensation or expenses are final.
768768 19 (j) If the Trust Fund is discontinued or dissolved by an
769769 20 Act of the General Assembly or by operation of law, any balance
770770 21 remaining in the Trust Fund shall be returned to the General
771771 22 Revenue Fund after deduction of administrative costs, any
772772 23 other provision of this Act to the contrary notwithstanding.
773773 24 Section 90. The Freedom of Information Act is amended by
774774 25 changing Section 7.5 as follows:
775775
776776
777777
778778
779779
780780 SB0299 - 21 - LRB104 03898 RLC 13922 b
781781
782782
783783 SB0299- 22 -LRB104 03898 RLC 13922 b SB0299 - 22 - LRB104 03898 RLC 13922 b
784784 SB0299 - 22 - LRB104 03898 RLC 13922 b
785785 1 (5 ILCS 140/7.5)
786786 2 Sec. 7.5. Statutory exemptions. To the extent provided for
787787 3 by the statutes referenced below, the following shall be
788788 4 exempt from inspection and copying:
789789 5 (a) All information determined to be confidential
790790 6 under Section 4002 of the Technology Advancement and
791791 7 Development Act.
792792 8 (b) Library circulation and order records identifying
793793 9 library users with specific materials under the Library
794794 10 Records Confidentiality Act.
795795 11 (c) Applications, related documents, and medical
796796 12 records received by the Experimental Organ Transplantation
797797 13 Procedures Board and any and all documents or other
798798 14 records prepared by the Experimental Organ Transplantation
799799 15 Procedures Board or its staff relating to applications it
800800 16 has received.
801801 17 (d) Information and records held by the Department of
802802 18 Public Health and its authorized representatives relating
803803 19 to known or suspected cases of sexually transmitted
804804 20 infection or any information the disclosure of which is
805805 21 restricted under the Illinois Sexually Transmitted
806806 22 Infection Control Act.
807807 23 (e) Information the disclosure of which is exempted
808808 24 under Section 30 of the Radon Industry Licensing Act.
809809 25 (f) Firm performance evaluations under Section 55 of
810810
811811
812812
813813
814814
815815 SB0299 - 22 - LRB104 03898 RLC 13922 b
816816
817817
818818 SB0299- 23 -LRB104 03898 RLC 13922 b SB0299 - 23 - LRB104 03898 RLC 13922 b
819819 SB0299 - 23 - LRB104 03898 RLC 13922 b
820820 1 the Architectural, Engineering, and Land Surveying
821821 2 Qualifications Based Selection Act.
822822 3 (g) Information the disclosure of which is restricted
823823 4 and exempted under Section 50 of the Illinois Prepaid
824824 5 Tuition Act.
825825 6 (h) Information the disclosure of which is exempted
826826 7 under the State Officials and Employees Ethics Act, and
827827 8 records of any lawfully created State or local inspector
828828 9 general's office that would be exempt if created or
829829 10 obtained by an Executive Inspector General's office under
830830 11 that Act.
831831 12 (i) Information contained in a local emergency energy
832832 13 plan submitted to a municipality in accordance with a
833833 14 local emergency energy plan ordinance that is adopted
834834 15 under Section 11-21.5-5 of the Illinois Municipal Code.
835835 16 (j) Information and data concerning the distribution
836836 17 of surcharge moneys collected and remitted by carriers
837837 18 under the Emergency Telephone System Act.
838838 19 (k) Law enforcement officer identification information
839839 20 or driver identification information compiled by a law
840840 21 enforcement agency or the Department of Transportation
841841 22 under Section 11-212 of the Illinois Vehicle Code.
842842 23 (l) Records and information provided to a residential
843843 24 health care facility resident sexual assault and death
844844 25 review team or the Executive Council under the Abuse
845845 26 Prevention Review Team Act.
846846
847847
848848
849849
850850
851851 SB0299 - 23 - LRB104 03898 RLC 13922 b
852852
853853
854854 SB0299- 24 -LRB104 03898 RLC 13922 b SB0299 - 24 - LRB104 03898 RLC 13922 b
855855 SB0299 - 24 - LRB104 03898 RLC 13922 b
856856 1 (m) Information provided to the predatory lending
857857 2 database created pursuant to Article 3 of the Residential
858858 3 Real Property Disclosure Act, except to the extent
859859 4 authorized under that Article.
860860 5 (n) Defense budgets and petitions for certification of
861861 6 compensation and expenses for court appointed trial
862862 7 counsel as provided under Sections 10 and 15 of the
863863 8 Capital Crimes Litigation Act (repealed) or the Capital
864864 9 Crimes Litigation Act of 2025. This subsection (n) shall
865865 10 apply until the conclusion of the trial of the case, even
866866 11 if the prosecution chooses not to pursue the death penalty
867867 12 prior to trial or sentencing.
868868 13 (o) Information that is prohibited from being
869869 14 disclosed under Section 4 of the Illinois Health and
870870 15 Hazardous Substances Registry Act.
871871 16 (p) Security portions of system safety program plans,
872872 17 investigation reports, surveys, schedules, lists, data, or
873873 18 information compiled, collected, or prepared by or for the
874874 19 Department of Transportation under Sections 2705-300 and
875875 20 2705-616 of the Department of Transportation Law of the
876876 21 Civil Administrative Code of Illinois, the Regional
877877 22 Transportation Authority under Section 2.11 of the
878878 23 Regional Transportation Authority Act, or the St. Clair
879879 24 County Transit District under the Bi-State Transit Safety
880880 25 Act (repealed).
881881 26 (q) Information prohibited from being disclosed by the
882882
883883
884884
885885
886886
887887 SB0299 - 24 - LRB104 03898 RLC 13922 b
888888
889889
890890 SB0299- 25 -LRB104 03898 RLC 13922 b SB0299 - 25 - LRB104 03898 RLC 13922 b
891891 SB0299 - 25 - LRB104 03898 RLC 13922 b
892892 1 Personnel Record Review Act.
893893 2 (r) Information prohibited from being disclosed by the
894894 3 Illinois School Student Records Act.
895895 4 (s) Information the disclosure of which is restricted
896896 5 under Section 5-108 of the Public Utilities Act.
897897 6 (t) (Blank).
898898 7 (u) Records and information provided to an independent
899899 8 team of experts under the Developmental Disability and
900900 9 Mental Health Safety Act (also known as Brian's Law).
901901 10 (v) Names and information of people who have applied
902902 11 for or received Firearm Owner's Identification Cards under
903903 12 the Firearm Owners Identification Card Act or applied for
904904 13 or received a concealed carry license under the Firearm
905905 14 Concealed Carry Act, unless otherwise authorized by the
906906 15 Firearm Concealed Carry Act; and databases under the
907907 16 Firearm Concealed Carry Act, records of the Concealed
908908 17 Carry Licensing Review Board under the Firearm Concealed
909909 18 Carry Act, and law enforcement agency objections under the
910910 19 Firearm Concealed Carry Act.
911911 20 (v-5) Records of the Firearm Owner's Identification
912912 21 Card Review Board that are exempted from disclosure under
913913 22 Section 10 of the Firearm Owners Identification Card Act.
914914 23 (w) Personally identifiable information which is
915915 24 exempted from disclosure under subsection (g) of Section
916916 25 19.1 of the Toll Highway Act.
917917 26 (x) Information which is exempted from disclosure
918918
919919
920920
921921
922922
923923 SB0299 - 25 - LRB104 03898 RLC 13922 b
924924
925925
926926 SB0299- 26 -LRB104 03898 RLC 13922 b SB0299 - 26 - LRB104 03898 RLC 13922 b
927927 SB0299 - 26 - LRB104 03898 RLC 13922 b
928928 1 under Section 5-1014.3 of the Counties Code or Section
929929 2 8-11-21 of the Illinois Municipal Code.
930930 3 (y) Confidential information under the Adult
931931 4 Protective Services Act and its predecessor enabling
932932 5 statute, the Elder Abuse and Neglect Act, including
933933 6 information about the identity and administrative finding
934934 7 against any caregiver of a verified and substantiated
935935 8 decision of abuse, neglect, or financial exploitation of
936936 9 an eligible adult maintained in the Registry established
937937 10 under Section 7.5 of the Adult Protective Services Act.
938938 11 (z) Records and information provided to a fatality
939939 12 review team or the Illinois Fatality Review Team Advisory
940940 13 Council under Section 15 of the Adult Protective Services
941941 14 Act.
942942 15 (aa) Information which is exempted from disclosure
943943 16 under Section 2.37 of the Wildlife Code.
944944 17 (bb) Information which is or was prohibited from
945945 18 disclosure by the Juvenile Court Act of 1987.
946946 19 (cc) Recordings made under the Law Enforcement
947947 20 Officer-Worn Body Camera Act, except to the extent
948948 21 authorized under that Act.
949949 22 (dd) Information that is prohibited from being
950950 23 disclosed under Section 45 of the Condominium and Common
951951 24 Interest Community Ombudsperson Act.
952952 25 (ee) Information that is exempted from disclosure
953953 26 under Section 30.1 of the Pharmacy Practice Act.
954954
955955
956956
957957
958958
959959 SB0299 - 26 - LRB104 03898 RLC 13922 b
960960
961961
962962 SB0299- 27 -LRB104 03898 RLC 13922 b SB0299 - 27 - LRB104 03898 RLC 13922 b
963963 SB0299 - 27 - LRB104 03898 RLC 13922 b
964964 1 (ff) Information that is exempted from disclosure
965965 2 under the Revised Uniform Unclaimed Property Act.
966966 3 (gg) Information that is prohibited from being
967967 4 disclosed under Section 7-603.5 of the Illinois Vehicle
968968 5 Code.
969969 6 (hh) Records that are exempt from disclosure under
970970 7 Section 1A-16.7 of the Election Code.
971971 8 (ii) Information which is exempted from disclosure
972972 9 under Section 2505-800 of the Department of Revenue Law of
973973 10 the Civil Administrative Code of Illinois.
974974 11 (jj) Information and reports that are required to be
975975 12 submitted to the Department of Labor by registering day
976976 13 and temporary labor service agencies but are exempt from
977977 14 disclosure under subsection (a-1) of Section 45 of the Day
978978 15 and Temporary Labor Services Act.
979979 16 (kk) Information prohibited from disclosure under the
980980 17 Seizure and Forfeiture Reporting Act.
981981 18 (ll) Information the disclosure of which is restricted
982982 19 and exempted under Section 5-30.8 of the Illinois Public
983983 20 Aid Code.
984984 21 (mm) Records that are exempt from disclosure under
985985 22 Section 4.2 of the Crime Victims Compensation Act.
986986 23 (nn) Information that is exempt from disclosure under
987987 24 Section 70 of the Higher Education Student Assistance Act.
988988 25 (oo) Communications, notes, records, and reports
989989 26 arising out of a peer support counseling session
990990
991991
992992
993993
994994
995995 SB0299 - 27 - LRB104 03898 RLC 13922 b
996996
997997
998998 SB0299- 28 -LRB104 03898 RLC 13922 b SB0299 - 28 - LRB104 03898 RLC 13922 b
999999 SB0299 - 28 - LRB104 03898 RLC 13922 b
10001000 1 prohibited from disclosure under the First Responders
10011001 2 Suicide Prevention Act.
10021002 3 (pp) Names and all identifying information relating to
10031003 4 an employee of an emergency services provider or law
10041004 5 enforcement agency under the First Responders Suicide
10051005 6 Prevention Act.
10061006 7 (qq) Information and records held by the Department of
10071007 8 Public Health and its authorized representatives collected
10081008 9 under the Reproductive Health Act.
10091009 10 (rr) Information that is exempt from disclosure under
10101010 11 the Cannabis Regulation and Tax Act.
10111011 12 (ss) Data reported by an employer to the Department of
10121012 13 Human Rights pursuant to Section 2-108 of the Illinois
10131013 14 Human Rights Act.
10141014 15 (tt) Recordings made under the Children's Advocacy
10151015 16 Center Act, except to the extent authorized under that
10161016 17 Act.
10171017 18 (uu) Information that is exempt from disclosure under
10181018 19 Section 50 of the Sexual Assault Evidence Submission Act.
10191019 20 (vv) Information that is exempt from disclosure under
10201020 21 subsections (f) and (j) of Section 5-36 of the Illinois
10211021 22 Public Aid Code.
10221022 23 (ww) Information that is exempt from disclosure under
10231023 24 Section 16.8 of the State Treasurer Act.
10241024 25 (xx) Information that is exempt from disclosure or
10251025 26 information that shall not be made public under the
10261026
10271027
10281028
10291029
10301030
10311031 SB0299 - 28 - LRB104 03898 RLC 13922 b
10321032
10331033
10341034 SB0299- 29 -LRB104 03898 RLC 13922 b SB0299 - 29 - LRB104 03898 RLC 13922 b
10351035 SB0299 - 29 - LRB104 03898 RLC 13922 b
10361036 1 Illinois Insurance Code.
10371037 2 (yy) Information prohibited from being disclosed under
10381038 3 the Illinois Educational Labor Relations Act.
10391039 4 (zz) Information prohibited from being disclosed under
10401040 5 the Illinois Public Labor Relations Act.
10411041 6 (aaa) Information prohibited from being disclosed
10421042 7 under Section 1-167 of the Illinois Pension Code.
10431043 8 (bbb) Information that is prohibited from disclosure
10441044 9 by the Illinois Police Training Act and the Illinois State
10451045 10 Police Act.
10461046 11 (ccc) Records exempt from disclosure under Section
10471047 12 2605-304 of the Illinois State Police Law of the Civil
10481048 13 Administrative Code of Illinois.
10491049 14 (ddd) Information prohibited from being disclosed
10501050 15 under Section 35 of the Address Confidentiality for
10511051 16 Victims of Domestic Violence, Sexual Assault, Human
10521052 17 Trafficking, or Stalking Act.
10531053 18 (eee) Information prohibited from being disclosed
10541054 19 under subsection (b) of Section 75 of the Domestic
10551055 20 Violence Fatality Review Act.
10561056 21 (fff) Images from cameras under the Expressway Camera
10571057 22 Act. This subsection (fff) is inoperative on and after
10581058 23 July 1, 2025.
10591059 24 (ggg) Information prohibited from disclosure under
10601060 25 paragraph (3) of subsection (a) of Section 14 of the Nurse
10611061 26 Agency Licensing Act.
10621062
10631063
10641064
10651065
10661066
10671067 SB0299 - 29 - LRB104 03898 RLC 13922 b
10681068
10691069
10701070 SB0299- 30 -LRB104 03898 RLC 13922 b SB0299 - 30 - LRB104 03898 RLC 13922 b
10711071 SB0299 - 30 - LRB104 03898 RLC 13922 b
10721072 1 (hhh) Information submitted to the Illinois State
10731073 2 Police in an affidavit or application for an assault
10741074 3 weapon endorsement, assault weapon attachment endorsement,
10751075 4 .50 caliber rifle endorsement, or .50 caliber cartridge
10761076 5 endorsement under the Firearm Owners Identification Card
10771077 6 Act.
10781078 7 (iii) Data exempt from disclosure under Section 50 of
10791079 8 the School Safety Drill Act.
10801080 9 (jjj) Information exempt from disclosure under Section
10811081 10 30 of the Insurance Data Security Law.
10821082 11 (kkk) Confidential business information prohibited
10831083 12 from disclosure under Section 45 of the Paint Stewardship
10841084 13 Act.
10851085 14 (lll) Data exempt from disclosure under Section
10861086 15 2-3.196 of the School Code.
10871087 16 (mmm) Information prohibited from being disclosed
10881088 17 under subsection (e) of Section 1-129 of the Illinois
10891089 18 Power Agency Act.
10901090 19 (nnn) Materials received by the Department of Commerce
10911091 20 and Economic Opportunity that are confidential under the
10921092 21 Music and Musicians Tax Credit and Jobs Act.
10931093 22 (ooo) (nnn) Data or information provided pursuant to
10941094 23 Section 20 of the Statewide Recycling Needs and Assessment
10951095 24 Act.
10961096 25 (ppp) (nnn) Information that is exempt from disclosure
10971097 26 under Section 28-11 of the Lawful Health Care Activity
10981098
10991099
11001100
11011101
11021102
11031103 SB0299 - 30 - LRB104 03898 RLC 13922 b
11041104
11051105
11061106 SB0299- 31 -LRB104 03898 RLC 13922 b SB0299 - 31 - LRB104 03898 RLC 13922 b
11071107 SB0299 - 31 - LRB104 03898 RLC 13922 b
11081108 1 Act.
11091109 2 (qqq) (nnn) Information that is exempt from disclosure
11101110 3 under Section 7-101 of the Illinois Human Rights Act.
11111111 4 (rrr) (mmm) Information prohibited from being
11121112 5 disclosed under Section 4-2 of the Uniform Money
11131113 6 Transmission Modernization Act.
11141114 7 (sss) (nnn) Information exempt from disclosure under
11151115 8 Section 40 of the Student-Athlete Endorsement Rights Act.
11161116 9 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
11171117 10 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
11181118 11 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
11191119 12 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
11201120 13 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
11211121 14 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
11221122 15 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.
11231123 16 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,
11241124 17 eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;
11251125 18 103-1049, eff. 8-9-24; revised 11-26-24.)
11261126 19 Section 95. The State Finance Act is amended by adding
11271127 20 Section 5.1030 as follows:
11281128 21 (30 ILCS 105/5.1030 new)
11291129 22 Sec. 5.1030. The Capital Litigation Trust Fund.
11301130 23 (30 ILCS 105/5.790 rep.)
11311131
11321132
11331133
11341134
11351135
11361136 SB0299 - 31 - LRB104 03898 RLC 13922 b
11371137
11381138
11391139 SB0299- 32 -LRB104 03898 RLC 13922 b SB0299 - 32 - LRB104 03898 RLC 13922 b
11401140 SB0299 - 32 - LRB104 03898 RLC 13922 b
11411141 1 Section 100. The State Finance Act is amended by repealing
11421142 2 Section 5.790.
11431143 3 Section 110. The Code of Criminal Procedure of 1963 is
11441144 4 amended by changing Sections 113-3 and 119-1 as follows:
11451145 5 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
11461146 6 Sec. 113-3. (a) Every person charged with an offense shall
11471147 7 be allowed counsel before pleading to the charge. If the
11481148 8 defendant desires counsel and has been unable to obtain same
11491149 9 before arraignment the court shall recess court or continue
11501150 10 the cause for a reasonable time to permit defendant to obtain
11511151 11 counsel and consult with him before pleading to the charge. If
11521152 12 the accused is a dissolved corporation, and is not represented
11531153 13 by counsel, the court may, in the interest of justice, appoint
11541154 14 as counsel a licensed attorney of this State.
11551155 15 (b) In all cases, except where the penalty is a fine only,
11561156 16 if the court determines that the defendant is indigent and
11571157 17 desires counsel, the Public Defender shall be appointed as
11581158 18 counsel. If there is no Public Defender in the county or if the
11591159 19 defendant requests counsel other than the Public Defender and
11601160 20 the court finds that the rights of the defendant will be
11611161 21 prejudiced by the appointment of the Public Defender, the
11621162 22 court shall appoint as counsel a licensed attorney at law of
11631163 23 this State, except that in a county having a population of
11641164 24 2,000,000 or more the Public Defender shall be appointed as
11651165
11661166
11671167
11681168
11691169
11701170 SB0299 - 32 - LRB104 03898 RLC 13922 b
11711171
11721172
11731173 SB0299- 33 -LRB104 03898 RLC 13922 b SB0299 - 33 - LRB104 03898 RLC 13922 b
11741174 SB0299 - 33 - LRB104 03898 RLC 13922 b
11751175 1 counsel in all misdemeanor cases where the defendant is
11761176 2 indigent and desires counsel unless the case involves multiple
11771177 3 defendants, in which case the court may appoint counsel other
11781178 4 than the Public Defender for the additional defendants. The
11791179 5 court shall require an affidavit signed by any defendant who
11801180 6 requests court-appointed counsel. Such affidavit shall be in
11811181 7 the form established by the Supreme Court containing
11821182 8 sufficient information to ascertain the assets and liabilities
11831183 9 of that defendant. The Court may direct the Clerk of the
11841184 10 Circuit Court to assist the defendant in the completion of the
11851185 11 affidavit. Any person who knowingly files such affidavit
11861186 12 containing false information concerning his assets and
11871187 13 liabilities shall be liable to the county where the case, in
11881188 14 which such false affidavit is filed, is pending for the
11891189 15 reasonable value of the services rendered by the public
11901190 16 defender or other court-appointed counsel in the case to the
11911191 17 extent that such services were unjustly or falsely procured.
11921192 18 (c) Upon the filing with the court of a verified statement
11931193 19 of services rendered the court shall order the county
11941194 20 treasurer of the county of trial to pay counsel other than the
11951195 21 Public Defender a reasonable fee. The court shall consider all
11961196 22 relevant circumstances, including but not limited to the time
11971197 23 spent while court is in session, other time spent in
11981198 24 representing the defendant, and expenses reasonably incurred
11991199 25 by counsel. In counties with a population greater than
12001200 26 2,000,000, the court shall order the county treasurer of the
12011201
12021202
12031203
12041204
12051205
12061206 SB0299 - 33 - LRB104 03898 RLC 13922 b
12071207
12081208
12091209 SB0299- 34 -LRB104 03898 RLC 13922 b SB0299 - 34 - LRB104 03898 RLC 13922 b
12101210 SB0299 - 34 - LRB104 03898 RLC 13922 b
12111211 1 county of trial to pay counsel other than the Public Defender a
12121212 2 reasonable fee stated in the order and based upon a rate of
12131213 3 compensation of not more than $40 for each hour spent while
12141214 4 court is in session and not more than $30 for each hour
12151215 5 otherwise spent representing a defendant, and such
12161216 6 compensation shall not exceed $150 for each defendant
12171217 7 represented in misdemeanor cases and $1250 in felony cases, in
12181218 8 addition to expenses reasonably incurred as hereinafter in
12191219 9 this Section provided, except that, in extraordinary
12201220 10 circumstances, payment in excess of the limits herein stated
12211221 11 may be made if the trial court certifies that such payment is
12221222 12 necessary to provide fair compensation for protracted
12231223 13 representation. A trial court may entertain the filing of this
12241224 14 verified statement before the termination of the cause, and
12251225 15 may order the provisional payment of sums during the pendency
12261226 16 of the cause.
12271227 17 (d) In capital cases, in addition to counsel, if the court
12281228 18 determines that the defendant is indigent the court may, upon
12291229 19 the filing with the court of a verified statement of services
12301230 20 rendered, order the county Treasurer of the county of trial to
12311231 21 pay necessary expert witnesses for defendant reasonable
12321232 22 compensation stated in the order not to exceed $250 for each
12331233 23 defendant.
12341234 24 (e) If the court in any county having a population greater
12351235 25 than 2,000,000 determines that the defendant is indigent the
12361236 26 court may, upon the filing with the court of a verified
12371237
12381238
12391239
12401240
12411241
12421242 SB0299 - 34 - LRB104 03898 RLC 13922 b
12431243
12441244
12451245 SB0299- 35 -LRB104 03898 RLC 13922 b SB0299 - 35 - LRB104 03898 RLC 13922 b
12461246 SB0299 - 35 - LRB104 03898 RLC 13922 b
12471247 1 statement of such expenses, order the county treasurer of the
12481248 2 county of trial, in such counties having a population greater
12491249 3 than 2,000,000 to pay the general expenses of the trial
12501250 4 incurred by the defendant not to exceed $50 for each
12511251 5 defendant.
12521252 6 (f) The provisions of this Section relating to appointment
12531253 7 of counsel, compensation of counsel, and payment of expenses
12541254 8 in capital cases apply except when the compensation and
12551255 9 expenses are being provided under the Capital Crimes
12561256 10 Litigation Act of 2025.
12571257 11 (Source: P.A. 91-589, eff. 1-1-00.)
12581258 12 (725 ILCS 5/119-1)
12591259 13 Sec. 119-1. Death penalty restored abolished.
12601260 14 (a) (Blank). Beginning on the effective date of this
12611261 15 amendatory Act of the 96th General Assembly, notwithstanding
12621262 16 any other law to the contrary, the death penalty is abolished
12631263 17 and a sentence to death may not be imposed.
12641264 18 (b) All unobligated and unexpended moneys remaining in the
12651265 19 Capital Litigation Trust Fund on the effective date of this
12661266 20 amendatory Act of the 96th General Assembly shall be
12671267 21 transferred into the Death Penalty Abolition Fund on the
12681268 22 effective date of this amendatory Act of the 104th General
12691269 23 Assembly shall be transferred into the Capital Litigation
12701270 24 Trust Fund , a special fund in the State treasury, to be
12711271 25 expended by the Illinois Criminal Justice Information
12721272
12731273
12741274
12751275
12761276
12771277 SB0299 - 35 - LRB104 03898 RLC 13922 b
12781278
12791279
12801280 SB0299- 36 -LRB104 03898 RLC 13922 b SB0299 - 36 - LRB104 03898 RLC 13922 b
12811281 SB0299 - 36 - LRB104 03898 RLC 13922 b
12821282 1 Authority, for services for families of victims of homicide or
12831283 2 murder and for training of law enforcement personnel.
12841284 3 (Source: P.A. 96-1543, eff. 7-1-11.)
12851285 4 Section 115. The State Appellate Defender Act is amended
12861286 5 by changing Section 10 as follows:
12871287 6 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
12881288 7 Sec. 10. Powers and duties of State Appellate Defender.
12891289 8 (a) The State Appellate Defender shall represent indigent
12901290 9 persons on appeal in criminal and delinquent minor
12911291 10 proceedings, when appointed to do so by a court under a Supreme
12921292 11 Court Rule or law of this State.
12931293 12 (b) The State Appellate Defender shall submit a budget for
12941294 13 the approval of the State Appellate Defender Commission.
12951295 14 (c) The State Appellate Defender may:
12961296 15 (1) maintain a panel of private attorneys available to
12971297 16 serve as counsel on a case basis;
12981298 17 (2) establish programs, alone or in conjunction with
12991299 18 law schools, for the purpose of utilizing volunteer law
13001300 19 students as legal assistants;
13011301 20 (3) cooperate and consult with state agencies,
13021302 21 professional associations, and other groups concerning the
13031303 22 causes of criminal conduct, the rehabilitation and
13041304 23 correction of persons charged with and convicted of crime,
13051305 24 the administration of criminal justice, and, in counties
13061306
13071307
13081308
13091309
13101310
13111311 SB0299 - 36 - LRB104 03898 RLC 13922 b
13121312
13131313
13141314 SB0299- 37 -LRB104 03898 RLC 13922 b SB0299 - 37 - LRB104 03898 RLC 13922 b
13151315 SB0299 - 37 - LRB104 03898 RLC 13922 b
13161316 1 of less than 1,000,000 population, study, design, develop
13171317 2 and implement model systems for the delivery of trial
13181318 3 level defender services, and make an annual report to the
13191319 4 General Assembly;
13201320 5 (4) hire investigators to provide investigative
13211321 6 services to appointed counsel and county public defenders;
13221322 7 (5) (blank);
13231323 8 (5.1) in cases in which a death sentence is an
13241324 9 authorized disposition, provide trial counsel with legal
13251325 10 assistance and the assistance of expert witnesses,
13261326 11 investigators, and mitigation specialists from funds
13271327 12 appropriated to the State Appellate Defender specifically
13281328 13 for that purpose by the General Assembly. The Office of
13291329 14 State Appellate Defender shall not be appointed to serve
13301330 15 as trial counsel in capital cases;
13311331 16 (5.5) provide training to county public defenders;
13321332 17 (5.7) provide county public defenders with the
13331333 18 assistance of expert witnesses and investigators from
13341334 19 funds appropriated to the State Appellate Defender
13351335 20 specifically for that purpose by the General Assembly. The
13361336 21 Office of the State Appellate Defender shall not be
13371337 22 appointed to act as trial counsel;
13381338 23 (6) develop a Juvenile Defender Resource Center to:
13391339 24 (i) study, design, develop, and implement model systems
13401340 25 for the delivery of trial level defender services for
13411341 26 juveniles in the justice system; (ii) in cases in which a
13421342
13431343
13441344
13451345
13461346
13471347 SB0299 - 37 - LRB104 03898 RLC 13922 b
13481348
13491349
13501350 SB0299- 38 -LRB104 03898 RLC 13922 b SB0299 - 38 - LRB104 03898 RLC 13922 b
13511351 SB0299 - 38 - LRB104 03898 RLC 13922 b
13521352 1 sentence of incarceration or an adult sentence, or both,
13531353 2 is an authorized disposition, provide trial counsel with
13541354 3 legal advice and the assistance of expert witnesses and
13551355 4 investigators from funds appropriated to the Office of the
13561356 5 State Appellate Defender by the General Assembly
13571357 6 specifically for that purpose; (iii) develop and provide
13581358 7 training to public defenders on juvenile justice issues,
13591359 8 utilizing resources including the State and local bar
13601360 9 associations, the Illinois Public Defender Association,
13611361 10 law schools, the Midwest Juvenile Defender Center, and pro
13621362 11 bono efforts by law firms; and (iv) make an annual report
13631363 12 to the General Assembly.
13641364 13 Investigators employed by the Capital Trial Assistance
13651365 14 Unit and Capital Post Conviction Unit of the State Appellate
13661366 15 Defender shall be authorized to inquire through the Illinois
13671367 16 State Police or local law enforcement with the Law Enforcement
13681368 17 Agencies Data System (LEADS) under Section 2605-375 of the
13691369 18 Civil Administrative Code of Illinois to ascertain whether
13701370 19 their potential witnesses have a criminal background,
13711371 20 including, but not limited to: (i) warrants; (ii) arrests;
13721372 21 (iii) convictions; and (iv) officer safety information. This
13731373 22 authorization applies only to information held on the State
13741374 23 level and shall be used only to protect the personal safety of
13751375 24 the investigators. Any information that is obtained through
13761376 25 this inquiry may not be disclosed by the investigators.
13771377 26 (c-5) For each State fiscal year, the State Appellate
13781378
13791379
13801380
13811381
13821382
13831383 SB0299 - 38 - LRB104 03898 RLC 13922 b
13841384
13851385
13861386 SB0299- 39 -LRB104 03898 RLC 13922 b SB0299 - 39 - LRB104 03898 RLC 13922 b
13871387 SB0299 - 39 - LRB104 03898 RLC 13922 b
13881388 1 Defender shall request a direct appropriation from the Capital
13891389 2 Litigation Trust Fund for expenses incurred by the State
13901390 3 Appellate Defender in providing assistance to trial attorneys
13911391 4 under paragraph (5.1) of subsection (c) of this Section and
13921392 5 for expenses incurred by the State Appellate Defender in
13931393 6 representing petitioners in capital cases in post-conviction
13941394 7 proceedings under Article 122 of the Code of Criminal
13951395 8 Procedure of 1963 and in relation to petitions filed under
13961396 9 Section 2-1401 of the Code of Civil Procedure in relation to
13971397 10 capital cases and for the representation of those petitioners
13981398 11 by attorneys approved by or contracted with the State
13991399 12 Appellate Defender and an appropriation to the State Treasurer
14001400 13 for payments from the Trust Fund for the defense of cases in
14011401 14 counties other than Cook County. The State Appellate Defender
14021402 15 may appear before the General Assembly at other times during
14031403 16 the State's fiscal year to request supplemental appropriations
14041404 17 from the Trust Fund to the State Treasurer.
14051405 18 (d) (Blank).
14061406 19 (e) The requirement for reporting to the General Assembly
14071407 20 shall be satisfied by filing copies of the report as required
14081408 21 by Section 3.1 of the General Assembly Organization Act and
14091409 22 filing such additional copies with the State Government Report
14101410 23 Distribution Center for the General Assembly as is required
14111411 24 under paragraph (t) of Section 7 of the State Library Act.
14121412 25 (Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)
14131413
14141414
14151415
14161416
14171417
14181418 SB0299 - 39 - LRB104 03898 RLC 13922 b
14191419
14201420
14211421 SB0299- 40 -LRB104 03898 RLC 13922 b SB0299 - 40 - LRB104 03898 RLC 13922 b
14221422 SB0299 - 40 - LRB104 03898 RLC 13922 b
14231423 1 Section 925. The Unified Code of Corrections is amended by
14241424 2 changing Section 5-8-1 as follows:
14251425 3 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
14261426 4 Sec. 5-8-1. Natural life imprisonment; enhancements for
14271427 5 use of a firearm; mandatory supervised release terms.
14281428 6 (a) Except as otherwise provided in the statute defining
14291429 7 the offense or in Article 4.5 of Chapter V, a sentence of
14301430 8 imprisonment for a felony shall be a determinate sentence set
14311431 9 by the court under this Section, subject to Section 5-4.5-115
14321432 10 of this Code, according to the following limitations:
14331433 11 (1) for first degree murder,
14341434 12 (a) (Blank). (blank),
14351435 13 (a-1) If the defendant had at the time of the
14361436 14 commission of the offense attained 18 years of age or
14371437 15 more, the court may sentence the defendant to death
14381438 16 under the procedures described in subsections (a-2)
14391439 17 through (a-11) if:
14401440 18 (1) the murdered individual was a peace
14411441 19 officer killed in the course of performing his or
14421442 20 her official duties, to prevent the performance of
14431443 21 his or her official duties, or in retaliation for
14441444 22 performing his or her official duties, and the
14451445 23 defendant knew or should have known that the
14461446 24 murdered individual was so employed;
14471447 25 (2) the murdered individual was an employee of
14481448
14491449
14501450
14511451
14521452
14531453 SB0299 - 40 - LRB104 03898 RLC 13922 b
14541454
14551455
14561456 SB0299- 41 -LRB104 03898 RLC 13922 b SB0299 - 41 - LRB104 03898 RLC 13922 b
14571457 SB0299 - 41 - LRB104 03898 RLC 13922 b
14581458 1 an institution or facility of the Department of
14591459 2 Corrections, or any similar local correctional
14601460 3 agency, killed in the course of performing his or
14611461 4 her official duties, to prevent the performance of
14621462 5 his or her official duties, or in retaliation for
14631463 6 performing his or her official duties; or
14641464 7 (3) the murdered individual was an emergency
14651465 8 medical technician - ambulance, emergency medical
14661466 9 technician - intermediate, emergency medical
14671467 10 technician - paramedic, ambulance driver, or other
14681468 11 medical assistance or first aid personnel,
14691469 12 employed by a municipality or other governmental
14701470 13 unit, killed in the course of performing his or
14711471 14 her official duties, to prevent the performance of
14721472 15 his or her official duties, or in retaliation for
14731473 16 performing his or her official duties, and the
14741474 17 defendant knew or should have known that the
14751475 18 murdered individual was an emergency medical
14761476 19 technician - ambulance, emergency medical
14771477 20 technician - intermediate, emergency medical
14781478 21 technician - paramedic, ambulance driver, or other
14791479 22 medical assistance or first aid personnel.
14801480 23 (a-2) The court shall consider, or shall instruct
14811481 24 the jury to consider, any aggravating and any
14821482 25 mitigating factors which are relevant to the
14831483 26 imposition of the death penalty. Aggravating factors
14841484
14851485
14861486
14871487
14881488
14891489 SB0299 - 41 - LRB104 03898 RLC 13922 b
14901490
14911491
14921492 SB0299- 42 -LRB104 03898 RLC 13922 b SB0299 - 42 - LRB104 03898 RLC 13922 b
14931493 SB0299 - 42 - LRB104 03898 RLC 13922 b
14941494 1 may include, but need not be limited to, those factors
14951495 2 set forth in subsections (b) and (b-5). Mitigating
14961496 3 factors may include, but need not be limited to, the
14971497 4 following:
14981498 5 (1) the defendant has no significant history
14991499 6 of prior criminal activity;
15001500 7 (2) the murder was committed while the
15011501 8 defendant was under the influence of extreme
15021502 9 mental or emotional disturbance, although not such
15031503 10 as to constitute a defense to prosecution;
15041504 11 (3) the murdered individual was a participant
15051505 12 in the defendant's homicidal conduct or consented
15061506 13 to the homicidal act;
15071507 14 (4) the defendant acted under the compulsion
15081508 15 of threat or menace of the imminent infliction of
15091509 16 death or great bodily harm;
15101510 17 (5) the defendant was not personally present
15111511 18 during commission of the act or acts causing
15121512 19 death;
15131513 20 (6) the defendant's background includes a
15141514 21 history of extreme emotional or physical abuse;
15151515 22 (7) the defendant suffers from a reduced
15161516 23 mental capacity. Provided, however, that an action
15171517 24 that does not otherwise mitigate first degree
15181518 25 murder cannot qualify as a mitigating factor for
15191519 26 first degree murder because of the discovery,
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15301530 1 knowledge, or disclosure of the victim's sexual
15311531 2 orientation as defined in Section 1-103 of the
15321532 3 Illinois Human Rights Act.
15331533 4 (a-3) If requested by the State, the court shall
15341534 5 conduct a separate sentencing proceeding to determine
15351535 6 the existence of factors set forth in subsections (b)
15361536 7 and (b-5) and to consider any aggravating or
15371537 8 mitigating factors as indicated in this subsection
15381538 9 (a-2). The proceeding shall be conducted:
15391539 10 (1) before the jury that determined the
15401540 11 defendant's guilt; or
15411541 12 (2) before a jury impanelled for the purpose
15421542 13 of the proceeding if:
15431543 14 (A) the defendant was convicted upon a
15441544 15 plea of guilty; or
15451545 16 (B) the defendant was convicted after a
15461546 17 trial before the court sitting without a jury;
15471547 18 or
15481548 19 (C) the court for good cause shown
15491549 20 discharges the jury that determined the
15501550 21 defendant's guilt; or
15511551 22 (3) before the court alone if the defendant
15521552 23 waives a jury for the separate proceeding.
15531553 24 (a-4) During the proceeding any information
15541554 25 relevant to any of the factors set forth in
15551555 26 subsections (b) and (b-5) may be presented by either
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15571557
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15591559
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15661566 1 the State or the defendant under the rules governing
15671567 2 the admission of evidence at criminal trials. Any
15681568 3 information relevant to any additional aggravating
15691569 4 factors or any mitigating factors indicated in
15701570 5 subsection (a-2) may be presented by the State or
15711571 6 defendant regardless of its admissibility under the
15721572 7 rules governing the admission of evidence at criminal
15731573 8 trials. The State and the defendant shall be given
15741574 9 fair opportunity to rebut any information received at
15751575 10 the hearing.
15761576 11 (a-5) The burden of proof of establishing the
15771577 12 existence of any of the factors set forth in
15781578 13 subsections (b) and (b-5) is on the State and shall not
15791579 14 be satisfied unless established beyond a reasonable
15801580 15 doubt.
15811581 16 (a-6) If at the separate sentencing proceeding the
15821582 17 jury finds that none of the factors set forth in
15831583 18 subsections (b) and (b-5) exists, the court shall
15841584 19 sentence the defendant to a term of imprisonment under
15851585 20 Chapter V. If there is a unanimous finding by the jury
15861586 21 that one or more of the factors set forth in
15871587 22 subsections (b) and (b-5) exist, the jury shall
15881588 23 consider aggravating and mitigating factors as
15891589 24 instructed by the court and shall determine whether
15901590 25 the sentence of death shall be imposed. If the jury
15911591 26 determines unanimously, after weighing the factors in
15921592
15931593
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16021602 1 aggravation and mitigation, that death is the
16031603 2 appropriate sentence, the court shall sentence the
16041604 3 defendant to death. If the court does not concur with
16051605 4 the jury determination that death is the appropriate
16061606 5 sentence, the court shall set forth reasons in writing
16071607 6 including what facts or circumstances the court relied
16081608 7 upon, along with any relevant documents, that
16091609 8 compelled the court to non-concur with the sentence.
16101610 9 This document and any attachments shall be part of the
16111611 10 record for appellate review. The court shall be bound
16121612 11 by the jury's sentencing determination. If after
16131613 12 weighing the factors in aggravation and mitigation,
16141614 13 one or more jurors determines that death is not the
16151615 14 appropriate sentence, the court shall sentence the
16161616 15 defendant to a term of imprisonment under Chapter V of
16171617 16 the Unified Code of Corrections.
16181618 17 (a-7) In a proceeding before the court alone, if
16191619 18 the court finds that none of the factors found in
16201620 19 subsections (b) and (b-5) exists, the court shall
16211621 20 sentence the defendant to a term of imprisonment under
16221622 21 Chapter V of the Unified Code of Corrections. If the
16231623 22 Court determines that one or more of the factors set
16241624 23 forth in subsections (b) and (b-5) exists, the court
16251625 24 shall consider any aggravating and mitigating factors
16261626 25 as indicated in subsection (a-2). If the court
16271627 26 determines, after weighing the factors in aggravation
16281628
16291629
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16381638 1 and mitigation, that death is the appropriate
16391639 2 sentence, the Court shall sentence the defendant to
16401640 3 death. If the court finds that death is not the
16411641 4 appropriate sentence, the court shall sentence the
16421642 5 defendant to a term of imprisonment under Chapter V of
16431643 6 the Unified Code of Corrections.
16441644 7 (a-8) In a case in which the defendant has been
16451645 8 found guilty of first degree murder by a judge or jury,
16461646 9 or a case on remand for resentencing, and the State
16471647 10 seeks the death penalty as an appropriate sentence, on
16481648 11 the court's own motion or the written motion of the
16491649 12 defendant, the court may decertify the case as a death
16501650 13 penalty case if the court finds that the only evidence
16511651 14 supporting the defendant's conviction is the
16521652 15 uncorroborated testimony of an informant witness, as
16531653 16 defined in Section 115-21 of the Code of Criminal
16541654 17 Procedure of 1963, concerning the confession or
16551655 18 admission of the defendant or that the sole evidence
16561656 19 against the defendant is a single eyewitness or single
16571657 20 accomplice without any other corroborating evidence.
16581658 21 If the court decertifies the case as a capital case
16591659 22 under either of the grounds set forth above, the court
16601660 23 shall issue a written finding. The State may pursue
16611661 24 its right to appeal the decertification pursuant to
16621662 25 Supreme Court Rule 604(a)(1). If the court does not
16631663 26 decertify the case as a capital case, the matter shall
16641664
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16741674 1 proceed to the eligibility phase of the sentencing
16751675 2 hearing.
16761676 3 (a-9) The conviction and sentence of death shall
16771677 4 be subject to automatic review by the Supreme Court.
16781678 5 Such review shall be in accordance with rules
16791679 6 promulgated by the Supreme Court. The Illinois Supreme
16801680 7 Court may overturn the death sentence, and order the
16811681 8 imposition of imprisonment under Chapter V if the
16821682 9 court finds that the death sentence is fundamentally
16831683 10 unjust as applied to the particular case. If the
16841684 11 Illinois Supreme Court finds that the death sentence
16851685 12 is fundamentally unjust as applied to the particular
16861686 13 case, independent of any procedural grounds for
16871687 14 relief, the Illinois Supreme Court shall issue a
16881688 15 written opinion explaining this finding.
16891689 16 (a-10) If the death penalty in this amendatory Act
16901690 17 of the 104th General Assembly is held to be
16911691 18 unconstitutional by the Supreme Court of the United
16921692 19 States or of the State of Illinois, any person
16931693 20 convicted of first degree murder shall be sentenced by
16941694 21 the court to a term of imprisonment under Chapter V. If
16951695 22 any death sentence pursuant to the sentencing
16961696 23 provisions of this Section is declared
16971697 24 unconstitutional by the Supreme Court of the United
16981698 25 States or of the State of Illinois, the court having
16991699 26 jurisdiction over a person previously sentenced to
17001700
17011701
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17101710 1 death shall cause the defendant to be brought before
17111711 2 the court, and the court shall sentence the defendant
17121712 3 to a term of imprisonment under Chapter V.
17131713 4 (a-11) The Attorney General and State's Attorneys
17141714 5 Association shall consult on voluntary guidelines for
17151715 6 procedures governing whether or not to seek the death
17161716 7 penalty. The guidelines do not have the force of law
17171717 8 and are only advisory in nature.
17181718 9 (b) If if a trier of fact finds beyond a reasonable
17191719 10 doubt that the murder was accompanied by exceptionally
17201720 11 brutal or heinous behavior indicative of wanton
17211721 12 cruelty or, except as set forth in subsection
17221722 13 (a)(1)(c) of this Section, that any of the aggravating
17231723 14 factors listed in subparagraph (b-5) are present, the
17241724 15 court may sentence the defendant, subject to Section
17251725 16 5-4.5-105, to a term of natural life imprisonment. ,
17261726 17 or
17271727 18 (b-5) A defendant who at the time of the
17281728 19 commission of the offense has attained the age of 18 or
17291729 20 more and who has been found guilty of first degree
17301730 21 murder for which the death penalty has not been
17311731 22 imposed by the court may be sentenced to a term of
17321732 23 natural life imprisonment if:
17331733 24 (1) the murdered individual was an inmate at
17341734 25 an institution or facility of the Department of
17351735 26 Corrections, or any similar local correctional
17361736
17371737
17381738
17391739
17401740
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17461746 1 agency and was killed on the grounds thereof, or
17471747 2 the murdered individual was otherwise present in
17481748 3 such institution or facility with the knowledge
17491749 4 and approval of the chief administrative officer
17501750 5 thereof;
17511751 6 (2) the murdered individual was killed as a
17521752 7 result of the hijacking of an airplane, train,
17531753 8 ship, bus, or other public conveyance;
17541754 9 (3) the defendant committed the murder
17551755 10 pursuant to a contract, agreement, or
17561756 11 understanding by which he or she was to receive
17571757 12 money or anything of value in return for
17581758 13 committing the murder or procured another to
17591759 14 commit the murder for money or anything of value;
17601760 15 (4) the murdered individual was killed in the
17611761 16 course of another felony if:
17621762 17 (A) the murdered individual:
17631763 18 (i) was actually killed by the
17641764 19 defendant, or
17651765 20 (ii) received physical injuries
17661766 21 personally inflicted by the defendant
17671767 22 substantially contemporaneously with
17681768 23 physical injuries caused by one or more
17691769 24 persons for whose conduct the defendant is
17701770 25 legally accountable under Section 5-2 of
17711771 26 this Code, and the physical injuries
17721772
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17821782 1 inflicted by either the defendant or the
17831783 2 other person or persons for whose conduct
17841784 3 he is legally accountable caused the death
17851785 4 of the murdered individual; and (B) in
17861786 5 performing the acts which caused the death
17871787 6 of the murdered individual or which
17881788 7 resulted in physical injuries personally
17891789 8 inflicted by the defendant on the murdered
17901790 9 individual under the circumstances of
17911791 10 subdivision (ii) of clause (A) of this
17921792 11 clause (4), the defendant acted with the
17931793 12 intent to kill the murdered individual or
17941794 13 with the knowledge that his or her acts
17951795 14 created a strong probability of death or
17961796 15 great bodily harm to the murdered
17971797 16 individual or another; and
17981798 17 (B) in performing the acts which caused
17991799 18 the death of the murdered individual or which
18001800 19 resulted in physical injuries personally
18011801 20 inflicted by the defendant on the murdered
18021802 21 individual under the circumstances of
18031803 22 subdivision (ii) of clause (A) of this clause
18041804 23 (4), the defendant acted with the intent to
18051805 24 kill the murdered individual or with the
18061806 25 knowledge that his or her acts created a
18071807 26 strong probability of death or great bodily
18081808
18091809
18101810
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18181818 1 harm to the murdered individual or another;
18191819 2 and
18201820 3 (C) the other felony was an inherently
18211821 4 violent crime or the attempt to commit an
18221822 5 inherently violent crime. In this clause (C),
18231823 6 "inherently violent crime" includes, but is
18241824 7 not limited to, armed robbery, robbery,
18251825 8 predatory criminal sexual assault of a child,
18261826 9 aggravated criminal sexual assault, aggravated
18271827 10 kidnapping, aggravated vehicular hijacking,
18281828 11 aggravated arson, aggravated stalking,
18291829 12 residential burglary, and home invasion;
18301830 13 (5) the defendant committed the murder with
18311831 14 intent to prevent the murdered individual from
18321832 15 testifying or participating in any criminal
18331833 16 investigation or prosecution or giving material
18341834 17 assistance to the State in any investigation or
18351835 18 prosecution, either against the defendant or
18361836 19 another; or the defendant committed the murder
18371837 20 because the murdered individual was a witness in
18381838 21 any prosecution or gave material assistance to the
18391839 22 State in any investigation or prosecution, either
18401840 23 against the defendant or another; for purposes of
18411841 24 this clause (5), "participating in any criminal
18421842 25 investigation or prosecution" is intended to
18431843 26 include those appearing in the proceedings in any
18441844
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18541854 1 capacity such as trial judges, prosecutors,
18551855 2 defense attorneys, investigators, witnesses, or
18561856 3 jurors;
18571857 4 (6) the defendant, while committing an offense
18581858 5 punishable under Section 401, 401.1, 401.2, 405,
18591859 6 405.2, 407, or 407.1 or subsection (b) of Section
18601860 7 404 of the Illinois Controlled Substances Act, or
18611861 8 while engaged in a conspiracy or solicitation to
18621862 9 commit such offense, intentionally killed an
18631863 10 individual or counseled, commanded, induced,
18641864 11 procured, or caused the intentional killing of the
18651865 12 murdered individual;
18661866 13 (7) the defendant was incarcerated in an
18671867 14 institution or facility of the Department of
18681868 15 Corrections at the time of the murder, and while
18691869 16 committing an offense punishable as a felony under
18701870 17 Illinois law, or while engaged in a conspiracy or
18711871 18 solicitation to commit such offense, intentionally
18721872 19 killed an individual or counseled, commanded,
18731873 20 induced, procured, or caused the intentional
18741874 21 killing of the murdered individual;
18751875 22 (8) the murder was committed in a cold,
18761876 23 calculated and premeditated manner pursuant to a
18771877 24 preconceived plan, scheme, or design to take a
18781878 25 human life by unlawful means, and the conduct of
18791879 26 the defendant created a reasonable expectation
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18901890 1 that the death of a human being would result
18911891 2 therefrom;
18921892 3 (9) the defendant was a principal
18931893 4 administrator, organizer, or leader of a
18941894 5 calculated criminal drug conspiracy consisting of
18951895 6 a hierarchical position of authority superior to
18961896 7 that of all other members of the conspiracy, and
18971897 8 the defendant counseled, commanded, induced,
18981898 9 procured, or caused the intentional killing of the
18991899 10 murdered person;
19001900 11 (10) the murder was intentional and involved
19011901 12 the infliction of torture. For the purpose of this
19021902 13 clause (10), torture means the infliction of or
19031903 14 subjection to extreme physical pain, motivated by
19041904 15 an intent to increase or prolong the pain,
19051905 16 suffering, or agony of the victim;
19061906 17 (11) the murder was committed as a result of
19071907 18 the intentional discharge of a firearm by the
19081908 19 defendant from a motor vehicle and the victim was
19091909 20 not present within the motor vehicle;
19101910 21 (12) the murdered individual was a person with
19111911 22 a disability and the defendant knew or should have
19121912 23 known that the murdered individual was a person
19131913 24 with a disability. For purposes of this clause
19141914 25 (12), "person with a disability" means a person
19151915 26 who suffers from a permanent physical or mental
19161916
19171917
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19261926 1 impairment resulting from disease, an injury, a
19271927 2 functional disorder, or a congenital condition
19281928 3 that renders the person incapable of adequately
19291929 4 providing for his or her own health or personal
19301930 5 care;
19311931 6 (13) the murdered individual was subject to an
19321932 7 order of protection and the murder was committed
19331933 8 by a person against whom the same order of
19341934 9 protection was issued under the Illinois Domestic
19351935 10 Violence Act of 1986;
19361936 11 (14) the murdered individual was known by the
19371937 12 defendant to be a teacher or other person employed
19381938 13 in any school and the teacher or other employee is
19391939 14 upon the grounds of a school or grounds adjacent
19401940 15 to a school, or is in any part of a building used
19411941 16 for school purposes;
19421942 17 (15) the murder was committed by the defendant
19431943 18 in connection with or as a result of the offense of
19441944 19 terrorism as defined in Section 29D-14.9 of this
19451945 20 Code;
19461946 21 (16) the murdered individual was a member of a
19471947 22 congregation engaged in prayer or other religious
19481948 23 activities at a church, synagogue, mosque, or
19491949 24 other building, structure, or place used for
19501950 25 religious worship; or
19511951 26 (17)(i) the murdered individual was a
19521952
19531953
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19621962 1 physician, physician assistant, psychologist,
19631963 2 nurse, or advanced practice registered nurse;
19641964 3 (ii) the defendant knew or should have known
19651965 4 that the murdered individual was a physician,
19661966 5 physician assistant, psychologist, nurse, or
19671967 6 advanced practice registered nurse; and
19681968 7 (iii) the murdered individual was killed in
19691969 8 the course of acting in his or her capacity as a
19701970 9 physician, physician assistant, psychologist,
19711971 10 nurse, or advanced practice registered nurse, or
19721972 11 to prevent him or her from acting in that
19731973 12 capacity, or in retaliation for his or her acting
19741974 13 in that capacity.
19751975 14 (c) If the court does not impose the death
19761976 15 penalty, the court shall sentence the defendant to a
19771977 16 term of natural life imprisonment if the defendant, at
19781978 17 the time of the commission of the murder, had attained
19791979 18 the age of 18, and:
19801980 19 (i) has previously been convicted of first
19811981 20 degree murder under any state or federal law, or
19821982 21 (ii) is found guilty of murdering more than
19831983 22 one victim, or
19841984 23 (iii) is found guilty of murdering a peace
19851985 24 officer, fireman, or emergency management worker
19861986 25 when the peace officer, fireman, or emergency
19871987 26 management worker was killed in the course of
19881988
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19981998 1 performing his official duties, or to prevent the
19991999 2 peace officer or fireman from performing his
20002000 3 official duties, or in retaliation for the peace
20012001 4 officer, fireman, or emergency management worker
20022002 5 from performing his official duties, and the
20032003 6 defendant knew or should have known that the
20042004 7 murdered individual was a peace officer, fireman,
20052005 8 or emergency management worker, or
20062006 9 (iv) is found guilty of murdering an employee
20072007 10 of an institution or facility of the Department of
20082008 11 Corrections, or any similar local correctional
20092009 12 agency, when the employee was killed in the course
20102010 13 of performing his official duties, or to prevent
20112011 14 the employee from performing his official duties,
20122012 15 or in retaliation for the employee performing his
20132013 16 official duties, or
20142014 17 (v) is found guilty of murdering an emergency
20152015 18 medical technician - ambulance, emergency medical
20162016 19 technician - intermediate, emergency medical
20172017 20 technician - paramedic, ambulance driver, or other
20182018 21 medical assistance or first aid person while
20192019 22 employed by a municipality or other governmental
20202020 23 unit when the person was killed in the course of
20212021 24 performing official duties or to prevent the
20222022 25 person from performing official duties or in
20232023 26 retaliation for performing official duties and the
20242024
20252025
20262026
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20342034 1 defendant knew or should have known that the
20352035 2 murdered individual was an emergency medical
20362036 3 technician - ambulance, emergency medical
20372037 4 technician - intermediate, emergency medical
20382038 5 technician - paramedic, ambulance driver, or other
20392039 6 medical assistant or first aid personnel, or
20402040 7 (vi) (blank), or
20412041 8 (vii) is found guilty of first degree murder
20422042 9 and the murder was committed by reason of any
20432043 10 person's activity as a community policing
20442044 11 volunteer or to prevent any person from engaging
20452045 12 in activity as a community policing volunteer. For
20462046 13 the purpose of this Section, "community policing
20472047 14 volunteer" has the meaning ascribed to it in
20482048 15 Section 2-3.5 of the Criminal Code of 2012.
20492049 16 For purposes of clause (v), "emergency medical
20502050 17 technician - ambulance", "emergency medical technician -
20512051 18 intermediate", and "emergency medical technician -
20522052 19 paramedic", have the meanings ascribed to them in the
20532053 20 Emergency Medical Services (EMS) Systems Act.
20542054 21 (d)(i) if the person committed the offense while
20552055 22 armed with a firearm, 15 years shall be added to
20562056 23 the term of imprisonment imposed by the court;
20572057 24 (ii) if, during the commission of the offense, the
20582058 25 person personally discharged a firearm, 20 years shall
20592059 26 be added to the term of imprisonment imposed by the
20602060
20612061
20622062
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20702070 1 court;
20712071 2 (iii) if, during the commission of the offense,
20722072 3 the person personally discharged a firearm that
20732073 4 proximately caused great bodily harm, permanent
20742074 5 disability, permanent disfigurement, or death to
20752075 6 another person, 25 years or up to a term of natural
20762076 7 life shall be added to the term of imprisonment
20772077 8 imposed by the court.
20782078 9 (2) (blank);
20792079 10 (2.5) for a person who has attained the age of 18 years
20802080 11 at the time of the commission of the offense and who is
20812081 12 convicted under the circumstances described in subdivision
20822082 13 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
20832083 14 subsection (b) of Section 12-13, subdivision (d)(2) of
20842084 15 Section 11-1.30 or paragraph (2) of subsection (d) of
20852085 16 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
20862086 17 paragraph (1.2) of subsection (b) of Section 12-14.1,
20872087 18 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
20882088 19 subsection (b) of Section 12-14.1 of the Criminal Code of
20892089 20 1961 or the Criminal Code of 2012, the sentence shall be a
20902090 21 term of natural life imprisonment.
20912091 22 (b) (Blank).
20922092 23 (c) (Blank).
20932093 24 (d) Subject to earlier termination under Section 3-3-8,
20942094 25 the parole or mandatory supervised release term shall be
20952095 26 written as part of the sentencing order and shall be as
20962096
20972097
20982098
20992099
21002100
21012101 SB0299 - 58 - LRB104 03898 RLC 13922 b
21022102
21032103
21042104 SB0299- 59 -LRB104 03898 RLC 13922 b SB0299 - 59 - LRB104 03898 RLC 13922 b
21052105 SB0299 - 59 - LRB104 03898 RLC 13922 b
21062106 1 follows:
21072107 2 (1) for first degree murder or for the offenses of
21082108 3 predatory criminal sexual assault of a child, aggravated
21092109 4 criminal sexual assault, and criminal sexual assault if
21102110 5 committed on or before December 12, 2005, 3 years;
21112111 6 (1.5) except as provided in paragraph (7) of this
21122112 7 subsection (d), for a Class X felony except for the
21132113 8 offenses of predatory criminal sexual assault of a child,
21142114 9 aggravated criminal sexual assault, and criminal sexual
21152115 10 assault if committed on or after December 13, 2005 (the
21162116 11 effective date of Public Act 94-715) and except for the
21172117 12 offense of aggravated child pornography under Section
21182118 13 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
21192119 14 subsection (c-5) of Section 11-20.1 of the Criminal Code
21202120 15 of 1961 or the Criminal Code of 2012, if committed on or
21212121 16 after January 1, 2009, and except for the offense of
21222122 17 obscene depiction of a purported child with sentencing
21232123 18 under subsection (d) of Section 11-20.4 of the Criminal
21242124 19 Code of 2012, 18 months;
21252125 20 (2) except as provided in paragraph (7) of this
21262126 21 subsection (d), for a Class 1 felony or a Class 2 felony
21272127 22 except for the offense of criminal sexual assault if
21282128 23 committed on or after December 13, 2005 (the effective
21292129 24 date of Public Act 94-715) and except for the offenses of
21302130 25 manufacture and dissemination of child pornography under
21312131 26 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
21322132
21332133
21342134
21352135
21362136
21372137 SB0299 - 59 - LRB104 03898 RLC 13922 b
21382138
21392139
21402140 SB0299- 60 -LRB104 03898 RLC 13922 b SB0299 - 60 - LRB104 03898 RLC 13922 b
21412141 SB0299 - 60 - LRB104 03898 RLC 13922 b
21422142 1 Criminal Code of 1961 or the Criminal Code of 2012, if
21432143 2 committed on or after January 1, 2009, and except for the
21442144 3 offense of obscene depiction of a purported child under
21452145 4 paragraph (2) of subsection (b) of Section 11-20.4 of the
21462146 5 Criminal Code of 2012, 12 months;
21472147 6 (3) except as provided in paragraph (4), (6), or (7)
21482148 7 of this subsection (d), for a Class 3 felony or a Class 4
21492149 8 felony, 6 months; no later than 45 days after the onset of
21502150 9 the term of mandatory supervised release, the Prisoner
21512151 10 Review Board shall conduct a discretionary discharge
21522152 11 review pursuant to the provisions of Section 3-3-8, which
21532153 12 shall include the results of a standardized risk and needs
21542154 13 assessment tool administered by the Department of
21552155 14 Corrections; the changes to this paragraph (3) made by
21562156 15 Public Act 102-1104 this amendatory Act of the 102nd
21572157 16 General Assembly apply to all individuals released on
21582158 17 mandatory supervised release on or after December 6, 2022
21592159 18 (the effective date of Public Act 102-1104) this
21602160 19 amendatory Act of the 102nd General Assembly, including
21612161 20 those individuals whose sentences were imposed prior to
21622162 21 December 6, 2022 (the effective date of Public Act
21632163 22 102-1104) this amendatory Act of the 102nd General
21642164 23 Assembly;
21652165 24 (4) for defendants who commit the offense of predatory
21662166 25 criminal sexual assault of a child, aggravated criminal
21672167 26 sexual assault, or criminal sexual assault, on or after
21682168
21692169
21702170
21712171
21722172
21732173 SB0299 - 60 - LRB104 03898 RLC 13922 b
21742174
21752175
21762176 SB0299- 61 -LRB104 03898 RLC 13922 b SB0299 - 61 - LRB104 03898 RLC 13922 b
21772177 SB0299 - 61 - LRB104 03898 RLC 13922 b
21782178 1 December 13, 2005 (the effective date of Public Act
21792179 2 94-715), or who commit the offense of aggravated child
21802180 3 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
21812181 4 with sentencing under subsection (c-5) of Section 11-20.1
21822182 5 of the Criminal Code of 1961 or the Criminal Code of 2012,
21832183 6 manufacture of child pornography, or dissemination of
21842184 7 child pornography after January 1, 2009, or who commit the
21852185 8 offense of obscene depiction of a purported child under
21862186 9 paragraph (2) of subsection (b) of Section 11-20.4 of the
21872187 10 Criminal Code of 2012 or who commit the offense of obscene
21882188 11 depiction of a purported child with sentencing under
21892189 12 subsection (d) of Section 11-20.4 of the Criminal Code of
21902190 13 2012, the term of mandatory supervised release shall range
21912191 14 from a minimum of 3 years to a maximum of the natural life
21922192 15 of the defendant;
21932193 16 (5) if the victim is under 18 years of age, for a
21942194 17 second or subsequent offense of aggravated criminal sexual
21952195 18 abuse or felony criminal sexual abuse, 4 years, at least
21962196 19 the first 2 years of which the defendant shall serve in an
21972197 20 electronic monitoring or home detention program under
21982198 21 Article 8A of Chapter V of this Code;
21992199 22 (6) for a felony domestic battery, aggravated domestic
22002200 23 battery, stalking, aggravated stalking, and a felony
22012201 24 violation of an order of protection, 4 years;
22022202 25 (7) for any felony described in paragraph (a)(2)(ii),
22032203 26 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
22042204
22052205
22062206
22072207
22082208
22092209 SB0299 - 61 - LRB104 03898 RLC 13922 b
22102210
22112211
22122212 SB0299- 62 -LRB104 03898 RLC 13922 b SB0299 - 62 - LRB104 03898 RLC 13922 b
22132213 SB0299 - 62 - LRB104 03898 RLC 13922 b
22142214 1 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
22152215 2 3-6-3 of the Unified Code of Corrections requiring an
22162216 3 inmate to serve a minimum of 85% of their court-imposed
22172217 4 sentence, except for the offenses of predatory criminal
22182218 5 sexual assault of a child, aggravated criminal sexual
22192219 6 assault, and criminal sexual assault if committed on or
22202220 7 after December 13, 2005 (the effective date of Public Act
22212221 8 94-715) and except for the offense of aggravated child
22222222 9 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
22232223 10 with sentencing under subsection (c-5) of Section 11-20.1
22242224 11 of the Criminal Code of 1961 or the Criminal Code of 2012,
22252225 12 if committed on or after January 1, 2009, and except for
22262226 13 the offense of obscene depiction of a purported child with
22272227 14 sentencing under subsection (d) of Section 11-20.4 of the
22282228 15 Criminal Code of 2012, and except as provided in paragraph
22292229 16 (4) or paragraph (6) of this subsection (d), the term of
22302230 17 mandatory supervised release shall be as follows:
22312231 18 (A) Class X felony, 3 years;
22322232 19 (B) Class 1 or Class 2 felonies, 2 years;
22332233 20 (C) Class 3 or Class 4 felonies, 1 year.
22342234 21 (e) (Blank).
22352235 22 (f) (Blank).
22362236 23 (g) Notwithstanding any other provisions of this Act and
22372237 24 of Public Act 101-652: (i) the provisions of paragraph (3) of
22382238 25 subsection (d) are effective on July 1, 2022 and shall apply to
22392239 26 all individuals convicted on or after the effective date of
22402240
22412241
22422242
22432243
22442244
22452245 SB0299 - 62 - LRB104 03898 RLC 13922 b
22462246
22472247
22482248 SB0299- 63 -LRB104 03898 RLC 13922 b SB0299 - 63 - LRB104 03898 RLC 13922 b
22492249 SB0299 - 63 - LRB104 03898 RLC 13922 b
22502250 1 paragraph (3) of subsection (d); and (ii) the provisions of
22512251 2 paragraphs (1.5) and (2) of subsection (d) are effective on
22522252 3 July 1, 2021 and shall apply to all individuals convicted on or
22532253 4 after the effective date of paragraphs (1.5) and (2) of
22542254 5 subsection (d).
22552255 6 (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
22562256 7 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
22572257 8 1-1-24; 103-825, eff. 1-1-25; revised 10-24-24.)
22582258 SB0299- 64 -LRB104 03898 RLC 13922 b 1 INDEX 2 Statutes amended in order of appearance SB0299- 64 -LRB104 03898 RLC 13922 b SB0299 - 64 - LRB104 03898 RLC 13922 b 1 INDEX 2 Statutes amended in order of appearance
22592259 SB0299- 64 -LRB104 03898 RLC 13922 b SB0299 - 64 - LRB104 03898 RLC 13922 b
22602260 SB0299 - 64 - LRB104 03898 RLC 13922 b
22612261 1 INDEX
22622262 2 Statutes amended in order of appearance
22632263
22642264
22652265
22662266
22672267
22682268 SB0299 - 63 - LRB104 03898 RLC 13922 b
22692269
22702270
22712271
22722272 SB0299- 64 -LRB104 03898 RLC 13922 b SB0299 - 64 - LRB104 03898 RLC 13922 b
22732273 SB0299 - 64 - LRB104 03898 RLC 13922 b
22742274 1 INDEX
22752275 2 Statutes amended in order of appearance
22762276
22772277
22782278
22792279
22802280
22812281 SB0299 - 64 - LRB104 03898 RLC 13922 b