Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1200 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1200 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.530 ILCS 105/5.1030 new725 ILCS 5/113-3 from Ch. 38, par. 113-3725 ILCS 5/119-1725 ILCS 105/10 from Ch. 38, par. 208-10730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Creates the Capital Crimes Litigation Act of 2025. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund which is re-established as a special fund in the State treasury. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Amends the Unified code of Corrections relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the State Finance Act to make conforming changes. Effective January 1, 2026. LRB104 03905 RLC 13929 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1200 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.530 ILCS 105/5.1030 new725 ILCS 5/113-3 from Ch. 38, par. 113-3725 ILCS 5/119-1725 ILCS 105/10 from Ch. 38, par. 208-10730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 New Act 5 ILCS 140/7.5 30 ILCS 105/5.1030 new 725 ILCS 5/113-3 from Ch. 38, par. 113-3 725 ILCS 5/119-1 725 ILCS 105/10 from Ch. 38, par. 208-10 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Creates the Capital Crimes Litigation Act of 2025. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund which is re-established as a special fund in the State treasury. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Amends the Unified code of Corrections relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the State Finance Act to make conforming changes. Effective January 1, 2026. LRB104 03905 RLC 13929 b LRB104 03905 RLC 13929 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1200 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
3	3	New Act5 ILCS 140/7.530 ILCS 105/5.1030 new725 ILCS 5/113-3 from Ch. 38, par. 113-3725 ILCS 5/119-1725 ILCS 105/10 from Ch. 38, par. 208-10730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 New Act 5 ILCS 140/7.5 30 ILCS 105/5.1030 new 725 ILCS 5/113-3 from Ch. 38, par. 113-3 725 ILCS 5/119-1 725 ILCS 105/10 from Ch. 38, par. 208-10 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
4	4	New Act
5	5	5 ILCS 140/7.5
6	6	30 ILCS 105/5.1030 new
7	7	725 ILCS 5/113-3 from Ch. 38, par. 113-3
8	8	725 ILCS 5/119-1
9	9	725 ILCS 105/10 from Ch. 38, par. 208-10
10	10	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
11	11	Creates the Capital Crimes Litigation Act of 2025. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund which is re-established as a special fund in the State treasury. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Amends the Unified code of Corrections relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the State Finance Act to make conforming changes. Effective January 1, 2026.
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14	14	A BILL FOR
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16	16	SB1200 LRB104 03905 RLC 13929 b
17	17	1 AN ACT concerning criminal law.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 1. Short title. This Act may be cited as the
21	21	5 Capital Crimes Litigation Act of 2025.
22	22	6 Section 5. Appointment of trial counsel in death penalty
23	23	7 cases. If an indigent defendant is charged with an offense for
24	24	8 which a sentence of death is authorized, and the State's
25	25	9 Attorney has not, at or before arraignment, filed a
26	26	10 certificate indicating he or she will not seek the death
27	27	11 penalty or stated on the record in open court that the death
28	28	12 penalty will not be sought, the trial court shall immediately
29	29	13 appoint the Public Defender, or any other qualified attorney
30	30	14 or attorneys as the Illinois Supreme Court shall by rule
31	31	15 provide, to represent the defendant as trial counsel. If the
32	32	16 Public Defender is appointed, he or she shall immediately
33	33	17 assign the attorney or attorneys who are public defenders to
34	34	18 represent the defendant. The counsel shall meet the
35	35	19 qualifications as the Supreme Court shall by rule provide. At
36	36	20 the request of court appointed counsel in a case in which the
37	37	21 death penalty is sought, attorneys employed by the State
38	38	22 Appellate Defender may enter an appearance for the limited
39	39	23 purpose of assisting counsel appointed under this Section.
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43	43	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1200 Introduced 1/24/2025, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
44	44	New Act5 ILCS 140/7.530 ILCS 105/5.1030 new725 ILCS 5/113-3 from Ch. 38, par. 113-3725 ILCS 5/119-1725 ILCS 105/10 from Ch. 38, par. 208-10730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 New Act 5 ILCS 140/7.5 30 ILCS 105/5.1030 new 725 ILCS 5/113-3 from Ch. 38, par. 113-3 725 ILCS 5/119-1 725 ILCS 105/10 from Ch. 38, par. 208-10 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
45	45	New Act
46	46	5 ILCS 140/7.5
47	47	30 ILCS 105/5.1030 new
48	48	725 ILCS 5/113-3 from Ch. 38, par. 113-3
49	49	725 ILCS 5/119-1
50	50	725 ILCS 105/10 from Ch. 38, par. 208-10
51	51	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
52	52	Creates the Capital Crimes Litigation Act of 2025. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund which is re-established as a special fund in the State treasury. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Amends the Unified code of Corrections relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the State Finance Act to make conforming changes. Effective January 1, 2026.
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55	55	A BILL FOR
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61	61	New Act
62	62	5 ILCS 140/7.5
63	63	30 ILCS 105/5.1030 new
64	64	725 ILCS 5/113-3 from Ch. 38, par. 113-3
65	65	725 ILCS 5/119-1
66	66	725 ILCS 105/10 from Ch. 38, par. 208-10
67	67	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
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86	86	1 Section 10. Court appointed trial counsel; compensation
87	87	2 and expenses.
88	88	3 (a) This Section applies only to compensation and expenses
89	89	4 of trial counsel appointed by the court as set forth in Section
90	90	5 5, other than public defenders, for the period after
91	91	6 arraignment and so long as the State's Attorney has not, at any
92	92	7 time, filed a certificate indicating he or she will not seek
93	93	8 the death penalty or stated on the record in open court that
94	94	9 the death penalty will not be sought.
95	95	10 (a-5) Litigation budget.
96	96	11 (1) In a case in which the State has filed a statement
97	97	12 of intent to seek the death penalty, the court shall
98	98	13 require appointed counsel, including those appointed in
99	99	14 Cook County, after counsel has had adequate time to review
100	100	15 the case and prior to engaging trial assistance, to submit
101	101	16 a proposed estimated litigation budget for court approval,
102	102	17 that will be subject to modification in light of facts and
103	103	18 developments that emerge as the case proceeds. Case
104	104	19 budgets should be submitted ex parte and filed and
105	105	20 maintained under seal in order to protect the defendant's
106	106	21 right to effective assistance of counsel, right not to
107	107	22 incriminate him or herself and all applicable privileges.
108	108	23 Case budgets shall be reviewed and approved by the judge
109	109	24 assigned to try the case. As provided under subsection (c)
110	110	25 of this Section, petitions for compensation shall be
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121	121	1 reviewed by both the trial judge and the presiding judge
122	122	2 or the presiding judge's designee.
123	123	3 (2) The litigation budget shall serve purposes
124	124	4 comparable to those of private retainer agreements by
125	125	5 confirming both the court's and the attorney's
126	126	6 expectations regarding fees and expenses. Consideration
127	127	7 should be given to employing an ex parte pretrial
128	128	8 conference in order to facilitate reaching agreement on a
129	129	9 litigation budget at the earliest opportunity.
130	130	10 (3) The budget shall be incorporated into a sealed
131	131	11 initial pretrial order that reflects the understandings of
132	132	12 the court and counsel regarding all matters affecting
133	133	13 counsel compensation and reimbursement and payments for
134	134	14 investigative, expert and other services, including, but
135	135	15 not limited to, the following matters:
136	136	16 (A) the hourly rate at which counsel will be
137	137	17 compensated;
138	138	18 (B) the hourly rate at which private
139	139	19 investigators, other than investigators employed by
140	140	20 the Office of the State Appellate Defender, will be
141	141	21 compensated; and
142	142	22 (C) the best preliminary estimate that can be made
143	143	23 of the cost of all services, including, but not
144	144	24 limited to, counsel, expert, and investigative
145	145	25 services, that are likely to be needed through the
146	146	26 guilt and penalty phases of the trial. The court shall
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157	157	1 have discretion to require that budgets be prepared
158	158	2 for shorter intervals of time.
159	159	3 (4) Appointed counsel may obtain, subject to later
160	160	4 review, investigative, expert or other services without
161	161	5 prior authorization if necessary for an adequate defense.
162	162	6 If the services are obtained, the presiding judge or the
163	163	7 presiding judge's designee shall consider in an ex parte
164	164	8 proceeding that timely procurement of necessary services
165	165	9 could not await prior authorization. If an ex parte
166	166	10 hearing is requested by defense counsel or deemed
167	167	11 necessary by the trial judge prior to modifying a budget,
168	168	12 the ex parte hearing shall be before the presiding judge
169	169	13 or the presiding judge's designee. The judge may then
170	170	14 authorize the services nunc pro tunc. If the presiding
171	171	15 judge or the presiding judge's designee finds that the
172	172	16 services were not reasonable, payment may be denied.
173	173	17 (5) An approved budget shall guide counsel's use of
174	174	18 time and resources by indicating the services for which
175	175	19 compensation is authorized. The case budget shall be
176	176	20 re-evaluated when justified by changed or unexpected
177	177	21 circumstances and shall be modified by the court when
178	178	22 reasonable and necessary for an adequate defense. If an ex
179	179	23 parte hearing is requested by defense counsel or deemed
180	180	24 necessary by the trial judge prior to modifying a budget,
181	181	25 the ex parte hearing shall be before the presiding judge
182	182	26 or the presiding judge's designee.
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193	193	1 (b) Appointed trial counsel shall be compensated upon
194	194	2 presentment and certification by the circuit court of a claim
195	195	3 for services detailing the date, activity, and time duration
196	196	4 for which compensation is sought. Compensation for appointed
197	197	5 trial counsel may be paid at a reasonable rate not to exceed
198	198	6 $125 per hour. The court shall not authorize payment of bills
199	199	7 that are not properly itemized. A request for payment shall be
200	200	8 presented under seal and reviewed ex parte with a court
201	201	9 reporter present. Every January 20, the statutory rate
202	202	10 prescribed in this subsection shall be automatically increased
203	203	11 or decreased, as applicable, by a percentage equal to the
204	204	12 percentage change in the consumer price index-u during the
205	205	13 preceding 12-month calendar year. "Consumer price index-u"
206	206	14 means the index published by the Bureau of Labor Statistics of
207	207	15 the United States Department of Labor that measures the
208	208	16 average change in prices of goods and services purchased by
209	209	17 all urban consumers, United States city average, all items,
210	210	18 1982-84=100. The new rate resulting from each annual
211	211	19 adjustment shall be determined by the State Treasurer and made
212	212	20 available to the chief judge of each judicial circuit.
213	213	21 (c) Appointed trial counsel may also petition the court
214	214	22 for certification of expenses for reasonable and necessary
215	215	23 capital litigation expenses including, but not limited to,
216	216	24 investigatory and other assistance, expert, forensic, and
217	217	25 other witnesses, and mitigation specialists. Each provider of
218	218	26 proposed services must specify the best preliminary estimate
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229	229	1 that can be made in light of information received in the case
230	230	2 at that point, and the provider must sign this estimate under
231	231	3 the provisions of Section 1-109 of the Code of Civil
232	232	4 Procedure. A provider of proposed services must also specify:
233	233	5 (1) his or her hourly rate; (2) the hourly rate of anyone else
234	234	6 in his or her employ for whom reimbursement is sought; and (3)
235	235	7 the hourly rate of any person or entity that may be
236	236	8 subcontracted to perform these services. Counsel may not
237	237	9 petition for certification of expenses that may have been
238	238	10 provided or compensated by the State Appellate Defender under
239	239	11 item (c)(5.1) of Section 10 of the State Appellate Defender
240	240	12 Act. The petitions shall be filed under seal and considered ex
241	241	13 parte but with a court reporter present for all ex parte
242	242	14 conferences. If the requests are submitted after services have
243	243	15 been rendered, the requests shall be supported by an invoice
244	244	16 describing the services rendered, the dates the services were
245	245	17 performed and the amount of time spent. These petitions shall
246	246	18 be reviewed by both the trial judge and the presiding judge of
247	247	19 the circuit court or the presiding judge's designee. The
248	248	20 petitions and orders shall be kept under seal and shall be
249	249	21 exempt from Freedom of Information requests until the
250	250	22 conclusion of the trial, even if the prosecution chooses not
251	251	23 to pursue the death penalty prior to trial or sentencing. If an
252	252	24 ex parte hearing is requested by defense counsel or deemed
253	253	25 necessary by the trial judge, the hearing shall be before the
254	254	26 presiding judge or the presiding judge's designee.
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265	265	1 (d) Appointed trial counsel shall petition the court for
266	266	2 certification of compensation and expenses under this Section
267	267	3 periodically during the course of counsel's representation.
268	268	4 The petitions shall be supported by itemized bills showing the
269	269	5 date, the amount of time spent, the work done and the total
270	270	6 being charged for each entry. The court shall not authorize
271	271	7 payment of bills that are not properly itemized. The court
272	272	8 must certify reasonable and necessary expenses of the
273	273	9 petitioner for travel and per diem (lodging, meals, and
274	274	10 incidental expenses). These expenses must be paid at the rate
275	275	11 as promulgated by the United States General Services
276	276	12 Administration for these expenses for the date and location in
277	277	13 which they were incurred, unless extraordinary reasons are
278	278	14 shown for the difference. The petitions shall be filed under
279	279	15 seal and considered ex parte but with a court reporter present
280	280	16 for all ex parte conferences. The petitions shall be reviewed
281	281	17 by both the trial judge and the presiding judge of the circuit
282	282	18 court or the presiding judge's designee. If an ex parte
283	283	19 hearing is requested by defense counsel or deemed necessary by
284	284	20 the trial judge, the ex parte hearing shall be before the
285	285	21 presiding judge or the presiding judge's designee. If the
286	286	22 court determines that the compensation and expenses should be
287	287	23 paid from the Capital Litigation Trust Fund, the court shall
288	288	24 certify, on a form created by the State Treasurer, that all or
289	289	25 a designated portion of the amount requested is reasonable,
290	290	26 necessary, and appropriate for payment from the Trust Fund.
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301	301	1 The form must also be signed by lead trial counsel under the
302	302	2 provisions of Section 1-109 of the Code of Civil Procedure
303	303	3 verifying that the amount requested is reasonable, necessary,
304	304	4 and appropriate. Bills submitted for payment by any individual
305	305	5 or entity seeking payment from the Capital Litigation Trust
306	306	6 Fund must also be accompanied by a form created by the State
307	307	7 Treasurer and signed by the individual or responsible agent of
308	308	8 the entity under the provisions of Section 1-109 of the Code of
309	309	9 Civil Procedure that the amount requested is accurate and
310	310	10 truthful and reflects time spent or expenses incurred.
311	311	11 Certification of compensation and expenses by a court in any
312	312	12 county other than Cook County shall be delivered by the court
313	313	13 to the State Treasurer and must be paid by the State Treasurer
314	314	14 directly from the Capital Litigation Trust Fund if there are
315	315	15 sufficient moneys in the Trust Fund to pay the compensation
316	316	16 and expenses. If the State Treasurer finds within 14 days of
317	317	17 his or her receipt of a certification that the compensation
318	318	18 and expenses to be paid are unreasonable, unnecessary, or
319	319	19 inappropriate, he or she may return the certification to the
320	320	20 court setting forth in detail the objection or objections with
321	321	21 a request for the court to review the objection or objections
322	322	22 before resubmitting the certification. The State Treasurer
323	323	23 must send the claimant a copy of the objection or objections.
324	324	24 The State Treasurer may only seek a review of a specific
325	325	25 objection once. The claimant has 7 days from his or her receipt
326	326	26 of the objections to file a response with the court. With or
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337	337	1 without further hearing, the court must promptly rule on the
338	338	2 objections. The petitions and orders shall be kept under seal
339	339	3 and shall be exempt from Freedom of Information requests until
340	340	4 the conclusion of the trial and appeal of the case, even if the
341	341	5 prosecution chooses not to pursue the death penalty prior to
342	342	6 trial or sentencing. Certification of compensation and
343	343	7 expenses by a court in Cook County shall be delivered by the
344	344	8 court to the county treasurer and paid by the county treasurer
345	345	9 from moneys granted to the county from the Capital Litigation
346	346	10 Trust Fund.
347	347	11 Section 15. Capital Litigation Trust Fund.
348	348	12 (a) The Capital Litigation Trust Fund is created as a
349	349	13 special fund in the State Treasury. The Trust Fund shall be
350	350	14 administered by the State Treasurer to provide moneys for the
351	351	15 appropriations to be made, grants to be awarded, and
352	352	16 compensation and expenses to be paid under this Act. All
353	353	17 interest earned from the investment or deposit of moneys
354	354	18 accumulated in the Trust Fund shall, under Section 4.1 of the
355	355	19 State Finance Act, be deposited into the Trust Fund.
356	356	20 (b) Moneys deposited into the Trust Fund shall not be
357	357	21 considered general revenue of the State of Illinois.
358	358	22 (c) Moneys deposited into the Trust Fund shall be used
359	359	23 exclusively for the purposes of providing funding for the
360	360	24 prosecution and defense of capital cases and for providing
361	361	25 funding for post-conviction proceedings in capital cases under
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372	372	1 Article 122 of the Code of Criminal Procedure of 1963 and in
373	373	2 relation to petitions filed under Section 2-1401 of the Code
374	374	3 of Civil Procedure in relation to capital cases as provided in
375	375	4 this Act and shall not be appropriated, loaned, or in any
376	376	5 manner transferred to the General Revenue Fund of the State of
377	377	6 Illinois.
378	378	7 (d) Every fiscal year the State Treasurer shall transfer
379	379	8 from the General Revenue Fund to the Capital Litigation Trust
380	380	9 Fund an amount equal to the full amount of moneys appropriated
381	381	10 by the General Assembly (both by original and supplemental
382	382	11 appropriation), less any unexpended balance from the previous
383	383	12 fiscal year, from the Capital Litigation Trust Fund for the
384	384	13 specific purpose of making funding available for the
385	385	14 prosecution and defense of capital cases and for the
386	386	15 litigation expenses associated with post-conviction
387	387	16 proceedings in capital cases under Article 122 of the Code of
388	388	17 Criminal Procedure of 1963 and in relation to petitions filed
389	389	18 under Section 2-1401 of the Code of Civil Procedure in
390	390	19 relation to capital cases. The Public Defender and State's
391	391	20 Attorney in Cook County, the State Appellate Defender, the
392	392	21 State's Attorneys Appellate Prosecutor, and the Attorney
393	393	22 General shall make annual requests for appropriations from the
394	394	23 Trust Fund.
395	395	24 (1) The Public Defender in Cook County shall request
396	396	25 appropriations to the State Treasurer for expenses
397	397	26 incurred by the Public Defender and for funding for
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408	408	1 private appointed defense counsel in Cook County.
409	409	2 (2) The State's Attorney in Cook County shall request
410	410	3 an appropriation to the State Treasurer for expenses
411	411	4 incurred by the State's Attorney.
412	412	5 (3) The State Appellate Defender shall request a
413	413	6 direct appropriation from the Trust Fund for expenses
414	414	7 incurred by the State Appellate Defender in providing
415	415	8 assistance to trial attorneys under item (c)(5.1) of
416	416	9 Section 10 of the State Appellate Defender Act and for
417	417	10 expenses incurred by the State Appellate Defender in
418	418	11 representing petitioners in capital cases in
419	419	12 post-conviction proceedings under Article 122 of the Code
420	420	13 of Criminal Procedure of 1963 and in relation to petitions
421	421	14 filed under Section 2-1401 of the Code of Civil Procedure
422	422	15 in relation to capital cases and for the representation of
423	423	16 those petitioners by attorneys approved by or contracted
424	424	17 with the State Appellate Defender and an appropriation to
425	425	18 the State Treasurer for payments from the Trust Fund for
426	426	19 the defense of cases in counties other than Cook County.
427	427	20 (4) The State's Attorneys Appellate Prosecutor shall
428	428	21 request a direct appropriation from the Trust Fund to pay
429	429	22 expenses incurred by the State's Attorneys Appellate
430	430	23 Prosecutor and an appropriation to the State Treasurer for
431	431	24 payments from the Trust Fund for expenses incurred by
432	432	25 State's Attorneys in counties other than Cook County.
433	433	26 (5) The Attorney General shall request a direct
434	434
435	435
436	436
437	437
438	438
439	439	SB1200 - 11 - LRB104 03905 RLC 13929 b
440	440
441	441
442	442	SB1200- 12 -LRB104 03905 RLC 13929 b SB1200 - 12 - LRB104 03905 RLC 13929 b
443	443	SB1200 - 12 - LRB104 03905 RLC 13929 b
444	444	1 appropriation from the Trust Fund to pay expenses incurred
445	445	2 by the Attorney General in assisting the State's Attorneys
446	446	3 in counties other than Cook County and to pay for expenses
447	447	4 incurred by the Attorney General when the Attorney General
448	448	5 is ordered by the presiding judge of the Criminal Division
449	449	6 of the Circuit Court of Cook County to prosecute or
450	450	7 supervise the prosecution of Cook County cases and for
451	451	8 expenses incurred by the Attorney General in representing
452	452	9 the State in post-conviction proceedings in capital cases
453	453	10 under Article 122 of the Code of Criminal Procedure of
454	454	11 1963 and in relation to petitions filed under Section
455	455	12 2-1401 of the Code of Civil Procedure in relation to
456	456	13 capital cases. The Public Defender and State's Attorney in
457	457	14 Cook County, the State Appellate Defender, the State's
458	458	15 Attorneys Appellate Prosecutor, and the Attorney General
459	459	16 may each request supplemental appropriations from the
460	460	17 Trust Fund during the fiscal year.
461	461	18 (e) Moneys in the Trust Fund shall be expended only as
462	462	19 follows:
463	463	20 (1) To pay the State Treasurer's costs to administer
464	464	21 the Trust Fund. The amount for this purpose may not exceed
465	465	22 5% in any one fiscal year of the amount otherwise
466	466	23 appropriated from the Trust Fund in the same fiscal year.
467	467	24 (2) To pay the capital litigation expenses of trial
468	468	25 defense and post-conviction proceedings in capital cases
469	469	26 under Article 122 of the Code of Criminal Procedure of
470	470
471	471
472	472
473	473
474	474
475	475	SB1200 - 12 - LRB104 03905 RLC 13929 b
476	476
477	477
478	478	SB1200- 13 -LRB104 03905 RLC 13929 b SB1200 - 13 - LRB104 03905 RLC 13929 b
479	479	SB1200 - 13 - LRB104 03905 RLC 13929 b
480	480	1 1963 and in relation to petitions filed under Section
481	481	2 2-1401 of the Code of Civil Procedure in relation to
482	482	3 capital cases including, but not limited to, DNA testing,
483	483	4 including DNA testing under Section 116-3 of the Code of
484	484	5 Criminal Procedure of 1963, analysis, and expert
485	485	6 testimony, investigatory and other assistance, expert,
486	486	7 forensic, and other witnesses, and mitigation specialists,
487	487	8 and grants and aid provided to public defenders, appellate
488	488	9 defenders, and any attorney approved by or contracted with
489	489	10 the State Appellate Defender representing petitioners in
490	490	11 post-conviction proceedings in capital cases under Article
491	491	12 122 of the Code of Criminal Procedure of 1963 and in
492	492	13 relation to petitions filed under Section 2-1401 of the
493	493	14 Code of Civil Procedure in relation to capital cases or
494	494	15 assistance to attorneys who have been appointed by the
495	495	16 court to represent defendants who are charged with capital
496	496	17 crimes. Reasonable and necessary capital litigation
497	497	18 expenses include travel and per diem (lodging, meals, and
498	498	19 incidental expenses).
499	499	20 (3) To pay the compensation of trial attorneys, other
500	500	21 than public defenders or appellate defenders, who have
501	501	22 been appointed by the court to represent defendants who
502	502	23 are charged with capital crimes or attorneys approved by
503	503	24 or contracted with the State Appellate Defender to
504	504	25 represent petitioners in post-conviction proceedings in
505	505	26 capital cases under Article 122 of the Code of Criminal
506	506
507	507
508	508
509	509
510	510
511	511	SB1200 - 13 - LRB104 03905 RLC 13929 b
512	512
513	513
514	514	SB1200- 14 -LRB104 03905 RLC 13929 b SB1200 - 14 - LRB104 03905 RLC 13929 b
515	515	SB1200 - 14 - LRB104 03905 RLC 13929 b
516	516	1 Procedure of 1963 and in relation to petitions filed under
517	517	2 Section 2-1401 of the Code of Civil Procedure in relation
518	518	3 to capital cases.
519	519	4 (4) To provide State's Attorneys with funding for
520	520	5 capital litigation expenses and for expenses of
521	521	6 representing the State in post-conviction proceedings in
522	522	7 capital cases under Article 122 of the Code of Criminal
523	523	8 Procedure of 1963 and in relation to petitions filed under
524	524	9 Section 2-1401 of the Code of Civil Procedure in relation
525	525	10 to capital cases including, but not limited to,
526	526	11 investigatory and other assistance and expert, forensic,
527	527	12 and other witnesses necessary to prosecute capital cases.
528	528	13 State's Attorneys in any county other than Cook County
529	529	14 seeking funding for capital litigation expenses and for
530	530	15 expenses of representing the State in post-conviction
531	531	16 proceedings in capital cases under Article 122 of the Code
532	532	17 of Criminal Procedure of 1963 and in relation to petitions
533	533	18 filed under Section 2-1401 of the Code of Civil Procedure
534	534	19 in relation to capital cases including, but not limited
535	535	20 to, investigatory and other assistance and expert,
536	536	21 forensic, or other witnesses under this Section may
537	537	22 request that the State's Attorneys Appellate Prosecutor or
538	538	23 the Attorney General, as the case may be, certify the
539	539	24 expenses as reasonable, necessary, and appropriate for
540	540	25 payment from the Trust Fund, on a form created by the State
541	541	26 Treasurer. Upon certification of the expenses and delivery
542	542
543	543
544	544
545	545
546	546
547	547	SB1200 - 14 - LRB104 03905 RLC 13929 b
548	548
549	549
550	550	SB1200- 15 -LRB104 03905 RLC 13929 b SB1200 - 15 - LRB104 03905 RLC 13929 b
551	551	SB1200 - 15 - LRB104 03905 RLC 13929 b
552	552	1 of the certification to the State Treasurer, the Treasurer
553	553	2 shall pay the expenses directly from the Capital
554	554	3 Litigation Trust Fund if there are sufficient moneys in
555	555	4 the Trust Fund to pay the expenses.
556	556	5 (5) To provide financial support through the Attorney
557	557	6 General under the Attorney General Act for the several
558	558	7 county State's Attorneys outside of Cook County, but shall
559	559	8 not be used to increase personnel for the Attorney
560	560	9 General's Office, except when the Attorney General is
561	561	10 ordered by the presiding judge of the Criminal Division of
562	562	11 the Circuit Court of Cook County to prosecute or supervise
563	563	12 the prosecution of Cook County cases.
564	564	13 (6) To provide financial support through the State's
565	565	14 Attorneys Appellate Prosecutor under the State's Attorneys
566	566	15 Appellate Prosecutor's Act for the several county State's
567	567	16 Attorneys outside of Cook County, but shall not be used to
568	568	17 increase personnel for the State's Attorneys Appellate
569	569	18 Prosecutor.
570	570	19 (7) To provide financial support to the State
571	571	20 Appellate Defender under the State Appellate Defender Act.
572	572	21 Moneys expended from the Trust Fund shall be in addition
573	573	22 to county funding for Public Defenders and State's
574	574	23 Attorneys, and shall not be used to supplant or reduce
575	575	24 ordinary and customary county funding.
576	576	25 (f) Moneys in the Trust Fund shall be appropriated to the
577	577	26 State Appellate Defender, the State's Attorneys Appellate
578	578
579	579
580	580
581	581
582	582
583	583	SB1200 - 15 - LRB104 03905 RLC 13929 b
584	584
585	585
586	586	SB1200- 16 -LRB104 03905 RLC 13929 b SB1200 - 16 - LRB104 03905 RLC 13929 b
587	587	SB1200 - 16 - LRB104 03905 RLC 13929 b
588	588	1 Prosecutor, the Attorney General, and the State Treasurer. The
589	589	2 State Appellate Defender shall receive an appropriation from
590	590	3 the Trust Fund to enable it to provide assistance to appointed
591	591	4 defense counsel and attorneys approved by or contracted with
592	592	5 the State Appellate Defender to represent petitioners in
593	593	6 post-conviction proceedings in capital cases under Article 122
594	594	7 of the Code of Criminal Procedure of 1963 and in relation to
595	595	8 petitions filed under Section 2-1401 of the Code of Civil
596	596	9 Procedure in relation to capital cases throughout the State
597	597	10 and to Public Defenders in counties other than Cook. The
598	598	11 State's Attorneys Appellate Prosecutor and the Attorney
599	599	12 General shall receive appropriations from the Trust Fund to
600	600	13 enable them to provide assistance to State's Attorneys in
601	601	14 counties other than Cook County and when the Attorney General
602	602	15 is ordered by the presiding judge of the Criminal Division of
603	603	16 the Circuit Court of Cook County to prosecute or supervise the
604	604	17 prosecution of Cook County cases. Moneys shall be appropriated
605	605	18 to the State Treasurer to enable the Treasurer: (i) to make
606	606	19 grants to Cook County; (ii) to pay the expenses of Public
607	607	20 Defenders, the State Appellate Defender, the Attorney General,
608	608	21 the Office of the State's Attorneys Appellate Prosecutor, and
609	609	22 State's Attorneys in counties other than Cook County; (iii) to
610	610	23 pay the expenses and compensation of appointed defense counsel
611	611	24 and attorneys approved by or contracted with the State
612	612	25 Appellate Defender to represent petitioners in post-conviction
613	613	26 proceedings in capital cases under Article 122 of the Code of
614	614
615	615
616	616
617	617
618	618
619	619	SB1200 - 16 - LRB104 03905 RLC 13929 b
620	620
621	621
622	622	SB1200- 17 -LRB104 03905 RLC 13929 b SB1200 - 17 - LRB104 03905 RLC 13929 b
623	623	SB1200 - 17 - LRB104 03905 RLC 13929 b
624	624	1 Criminal Procedure of 1963 and in relation to petitions filed
625	625	2 under Section 2-1401 of the Code of Civil Procedure in
626	626	3 relation to capital cases in counties other than Cook County;
627	627	4 and (iv) to pay the costs of administering the Trust Fund. All
628	628	5 expenditures and grants made from the Trust Fund shall be
629	629	6 subject to audit by the Auditor General.
630	630	7 (g) For Cook County, grants from the Trust Fund shall be
631	631	8 made and administered as follows:
632	632	9 (1) For each State fiscal year, the State's Attorney
633	633	10 and Public Defender must each make a separate application
634	634	11 to the State Treasurer for capital litigation grants.
635	635	12 (2) The State Treasurer shall establish rules and
636	636	13 procedures for grant applications. The rules shall require
637	637	14 the Cook County Treasurer as the grant recipient to report
638	638	15 on a periodic basis to the State Treasurer how much of the
639	639	16 grant has been expended, how much of the grant is
640	640	17 remaining, and the purposes for which the grant has been
641	641	18 used. The rules may also require the Cook County Treasurer
642	642	19 to certify on a periodic basis that expenditures of the
643	643	20 funds have been made for expenses that are reasonable,
644	644	21 necessary, and appropriate for payment from the Trust
645	645	22 Fund.
646	646	23 (3) The State Treasurer shall make the grants to the
647	647	24 Cook County Treasurer as soon as possible after the
648	648	25 beginning of the State fiscal year.
649	649	26 (4) The State's Attorney or Public Defender may apply
650	650
651	651
652	652
653	653
654	654
655	655	SB1200 - 17 - LRB104 03905 RLC 13929 b
656	656
657	657
658	658	SB1200- 18 -LRB104 03905 RLC 13929 b SB1200 - 18 - LRB104 03905 RLC 13929 b
659	659	SB1200 - 18 - LRB104 03905 RLC 13929 b
660	660	1 for supplemental grants during the fiscal year.
661	661	2 (5) Grant moneys shall be paid to the Cook County
662	662	3 Treasurer in block grants and held in separate accounts
663	663	4 for the State's Attorney, the Public Defender, and court
664	664	5 appointed defense counsel other than the Cook County
665	665	6 Public Defender, respectively, for the designated fiscal
666	666	7 year, and are not subject to county appropriation.
667	667	8 (6) Expenditure of grant moneys under this subsection
668	668	9 (g) is subject to audit by the Auditor General.
669	669	10 (7) The Cook County Treasurer shall immediately make
670	670	11 payment from the appropriate separate account in the
671	671	12 county treasury for capital litigation expenses to the
672	672	13 State's Attorney, Public Defender, or court appointed
673	673	14 defense counsel other than the Public Defender, as the
674	674	15 case may be, upon order of the State's Attorney, Public
675	675	16 Defender or the court, respectively.
676	676	17 (h) If a defendant in a capital case in Cook County is
677	677	18 represented by court appointed counsel other than the Cook
678	678	19 County Public Defender, the appointed counsel shall petition
679	679	20 the court for an order directing the Cook County Treasurer to
680	680	21 pay the court appointed counsel's reasonable and necessary
681	681	22 compensation and capital litigation expenses from grant moneys
682	682	23 provided from the Trust Fund. The petitions shall be supported
683	683	24 by itemized bills showing the date, the amount of time spent,
684	684	25 the work done and the total being charged for each entry. The
685	685	26 court shall not authorize payment of bills that are not
686	686
687	687
688	688
689	689
690	690
691	691	SB1200 - 18 - LRB104 03905 RLC 13929 b
692	692
693	693
694	694	SB1200- 19 -LRB104 03905 RLC 13929 b SB1200 - 19 - LRB104 03905 RLC 13929 b
695	695	SB1200 - 19 - LRB104 03905 RLC 13929 b
696	696	1 properly itemized. The petitions shall be filed under seal and
697	697	2 considered ex parte but with a court reporter present for all
698	698	3 ex parte conferences. The petitions shall be reviewed by both
699	699	4 the trial judge and the presiding judge of the circuit court or
700	700	5 the presiding judge's designee. The petitions and orders shall
701	701	6 be kept under seal and shall be exempt from Freedom of
702	702	7 Information requests until the conclusion of the trial and
703	703	8 appeal of the case, even if the prosecution chooses not to
704	704	9 pursue the death penalty prior to trial or sentencing. Orders
705	705	10 denying petitions for compensation or expenses are final.
706	706	11 Counsel may not petition for expenses that may have been
707	707	12 provided or compensated by the State Appellate Defender under
708	708	13 item (c)(5.1) of Section 10 of the State Appellate Defender
709	709	14 Act.
710	710	15 (i) In counties other than Cook County, and when the
711	711	16 Attorney General is ordered by the presiding judge of the
712	712	17 Criminal Division of the Circuit Court of Cook County to
713	713	18 prosecute or supervise the prosecution of Cook County cases,
714	714	19 and excluding capital litigation expenses or services that may
715	715	20 have been provided by the State Appellate Defender under item
716	716	21 (c)(5.1) of Section 10 of the State Appellate Defender Act:
717	717	22 (1) Upon certification by the circuit court, on a form
718	718	23 created by the State Treasurer, that all or a portion of
719	719	24 the expenses are reasonable, necessary, and appropriate
720	720	25 for payment from the Trust Fund and the court's delivery
721	721	26 of the certification to the Treasurer, the Treasurer shall
722	722
723	723
724	724
725	725
726	726
727	727	SB1200 - 19 - LRB104 03905 RLC 13929 b
728	728
729	729
730	730	SB1200- 20 -LRB104 03905 RLC 13929 b SB1200 - 20 - LRB104 03905 RLC 13929 b
731	731	SB1200 - 20 - LRB104 03905 RLC 13929 b
732	732	1 pay the certified expenses of Public Defenders and the
733	733	2 State Appellate Defender from the money appropriated to
734	734	3 the Treasurer for capital litigation expenses of Public
735	735	4 Defenders and post-conviction proceeding expenses in
736	736	5 capital cases of the State Appellate Defender and expenses
737	737	6 in relation to petitions filed under Section 2-1401 of the
738	738	7 Code of Civil Procedure in relation to capital cases in
739	739	8 any county other than Cook County, if there are sufficient
740	740	9 moneys in the Trust Fund to pay the expenses.
741	741	10 (2) If a defendant in a capital case is represented by
742	742	11 court appointed counsel other than the Public Defender,
743	743	12 the appointed counsel shall petition the court to certify
744	744	13 compensation and capital litigation expenses including,
745	745	14 but not limited to, investigatory and other assistance,
746	746	15 expert, forensic, and other witnesses, and mitigation
747	747	16 specialists as reasonable, necessary, and appropriate for
748	748	17 payment from the Trust Fund. If a petitioner in a capital
749	749	18 case who has filed a petition for post-conviction relief
750	750	19 under Article 122 of the Code of Criminal Procedure of
751	751	20 1963 or a petition under Section 2-1401 of the Code of
752	752	21 Civil Procedure in relation to capital cases is
753	753	22 represented by an attorney approved by or contracted with
754	754	23 the State Appellate Defender other than the State
755	755	24 Appellate Defender, that attorney shall petition the court
756	756	25 to certify compensation and litigation expenses of
757	757	26 post-conviction proceedings under Article 122 of the Code
758	758
759	759
760	760
761	761
762	762
763	763	SB1200 - 20 - LRB104 03905 RLC 13929 b
764	764
765	765
766	766	SB1200- 21 -LRB104 03905 RLC 13929 b SB1200 - 21 - LRB104 03905 RLC 13929 b
767	767	SB1200 - 21 - LRB104 03905 RLC 13929 b
768	768	1 of Criminal Procedure of 1963 or in relation to petitions
769	769	2 filed under Section 2-1401 of the Code of Civil Procedure
770	770	3 in relation to capital cases. Upon certification on a form
771	771	4 created by the State Treasurer of all or a portion of the
772	772	5 compensation and expenses certified as reasonable,
773	773	6 necessary, and appropriate for payment from the Trust Fund
774	774	7 and the court's delivery of the certification to the
775	775	8 Treasurer, the State Treasurer shall pay the certified
776	776	9 compensation and expenses from the money appropriated to
777	777	10 the Treasurer for that purpose, if there are sufficient
778	778	11 moneys in the Trust Fund to make those payments.
779	779	12 (3) A petition for capital litigation expenses or
780	780	13 post-conviction proceeding expenses or expenses incurred
781	781	14 in filing a petition under Section 2-1401 of the Code of
782	782	15 Civil Procedure in relation to capital cases under this
783	783	16 subsection shall be considered under seal and reviewed ex
784	784	17 parte with a court reporter present. Orders denying
785	785	18 petitions for compensation or expenses are final.
786	786	19 (j) If the Trust Fund is discontinued or dissolved by an
787	787	20 Act of the General Assembly or by operation of law, any balance
788	788	21 remaining in the Trust Fund shall be returned to the General
789	789	22 Revenue Fund after deduction of administrative costs, any
790	790	23 other provision of this Act to the contrary notwithstanding.
791	791	24 Section 95. The Freedom of Information Act is amended by
792	792	25 changing Section 7.5 as follows:
793	793
794	794
795	795
796	796
797	797
798	798	SB1200 - 21 - LRB104 03905 RLC 13929 b
799	799
800	800
801	801	SB1200- 22 -LRB104 03905 RLC 13929 b SB1200 - 22 - LRB104 03905 RLC 13929 b
802	802	SB1200 - 22 - LRB104 03905 RLC 13929 b
803	803	1 (5 ILCS 140/7.5)
804	804	2 Sec. 7.5. Statutory exemptions. To the extent provided for
805	805	3 by the statutes referenced below, the following shall be
806	806	4 exempt from inspection and copying:
807	807	5 (a) All information determined to be confidential
808	808	6 under Section 4002 of the Technology Advancement and
809	809	7 Development Act.
810	810	8 (b) Library circulation and order records identifying
811	811	9 library users with specific materials under the Library
812	812	10 Records Confidentiality Act.
813	813	11 (c) Applications, related documents, and medical
814	814	12 records received by the Experimental Organ Transplantation
815	815	13 Procedures Board and any and all documents or other
816	816	14 records prepared by the Experimental Organ Transplantation
817	817	15 Procedures Board or its staff relating to applications it
818	818	16 has received.
819	819	17 (d) Information and records held by the Department of
820	820	18 Public Health and its authorized representatives relating
821	821	19 to known or suspected cases of sexually transmitted
822	822	20 infection or any information the disclosure of which is
823	823	21 restricted under the Illinois Sexually Transmitted
824	824	22 Infection Control Act.
825	825	23 (e) Information the disclosure of which is exempted
826	826	24 under Section 30 of the Radon Industry Licensing Act.
827	827	25 (f) Firm performance evaluations under Section 55 of
828	828
829	829
830	830
831	831
832	832
833	833	SB1200 - 22 - LRB104 03905 RLC 13929 b
834	834
835	835
836	836	SB1200- 23 -LRB104 03905 RLC 13929 b SB1200 - 23 - LRB104 03905 RLC 13929 b
837	837	SB1200 - 23 - LRB104 03905 RLC 13929 b
838	838	1 the Architectural, Engineering, and Land Surveying
839	839	2 Qualifications Based Selection Act.
840	840	3 (g) Information the disclosure of which is restricted
841	841	4 and exempted under Section 50 of the Illinois Prepaid
842	842	5 Tuition Act.
843	843	6 (h) Information the disclosure of which is exempted
844	844	7 under the State Officials and Employees Ethics Act, and
845	845	8 records of any lawfully created State or local inspector
846	846	9 general's office that would be exempt if created or
847	847	10 obtained by an Executive Inspector General's office under
848	848	11 that Act.
849	849	12 (i) Information contained in a local emergency energy
850	850	13 plan submitted to a municipality in accordance with a
851	851	14 local emergency energy plan ordinance that is adopted
852	852	15 under Section 11-21.5-5 of the Illinois Municipal Code.
853	853	16 (j) Information and data concerning the distribution
854	854	17 of surcharge moneys collected and remitted by carriers
855	855	18 under the Emergency Telephone System Act.
856	856	19 (k) Law enforcement officer identification information
857	857	20 or driver identification information compiled by a law
858	858	21 enforcement agency or the Department of Transportation
859	859	22 under Section 11-212 of the Illinois Vehicle Code.
860	860	23 (l) Records and information provided to a residential
861	861	24 health care facility resident sexual assault and death
862	862	25 review team or the Executive Council under the Abuse
863	863	26 Prevention Review Team Act.
864	864
865	865
866	866
867	867
868	868
869	869	SB1200 - 23 - LRB104 03905 RLC 13929 b
870	870
871	871
872	872	SB1200- 24 -LRB104 03905 RLC 13929 b SB1200 - 24 - LRB104 03905 RLC 13929 b
873	873	SB1200 - 24 - LRB104 03905 RLC 13929 b
874	874	1 (m) Information provided to the predatory lending
875	875	2 database created pursuant to Article 3 of the Residential
876	876	3 Real Property Disclosure Act, except to the extent
877	877	4 authorized under that Article.
878	878	5 (n) Defense budgets and petitions for certification of
879	879	6 compensation and expenses for court appointed trial
880	880	7 counsel as provided under Sections 10 and 15 of the
881	881	8 Capital Crimes Litigation Act of 2025 (repealed). This
882	882	9 subsection (n) shall apply until the conclusion of the
883	883	10 trial of the case, even if the prosecution chooses not to
884	884	11 pursue the death penalty prior to trial or sentencing.
885	885	12 (o) Information that is prohibited from being
886	886	13 disclosed under Section 4 of the Illinois Health and
887	887	14 Hazardous Substances Registry Act.
888	888	15 (p) Security portions of system safety program plans,
889	889	16 investigation reports, surveys, schedules, lists, data, or
890	890	17 information compiled, collected, or prepared by or for the
891	891	18 Department of Transportation under Sections 2705-300 and
892	892	19 2705-616 of the Department of Transportation Law of the
893	893	20 Civil Administrative Code of Illinois, the Regional
894	894	21 Transportation Authority under Section 2.11 of the
895	895	22 Regional Transportation Authority Act, or the St. Clair
896	896	23 County Transit District under the Bi-State Transit Safety
897	897	24 Act (repealed).
898	898	25 (q) Information prohibited from being disclosed by the
899	899	26 Personnel Record Review Act.
900	900
901	901
902	902
903	903
904	904
905	905	SB1200 - 24 - LRB104 03905 RLC 13929 b
906	906
907	907
908	908	SB1200- 25 -LRB104 03905 RLC 13929 b SB1200 - 25 - LRB104 03905 RLC 13929 b
909	909	SB1200 - 25 - LRB104 03905 RLC 13929 b
910	910	1 (r) Information prohibited from being disclosed by the
911	911	2 Illinois School Student Records Act.
912	912	3 (s) Information the disclosure of which is restricted
913	913	4 under Section 5-108 of the Public Utilities Act.
914	914	5 (t) (Blank).
915	915	6 (u) Records and information provided to an independent
916	916	7 team of experts under the Developmental Disability and
917	917	8 Mental Health Safety Act (also known as Brian's Law).
918	918	9 (v) Names and information of people who have applied
919	919	10 for or received Firearm Owner's Identification Cards under
920	920	11 the Firearm Owners Identification Card Act or applied for
921	921	12 or received a concealed carry license under the Firearm
922	922	13 Concealed Carry Act, unless otherwise authorized by the
923	923	14 Firearm Concealed Carry Act; and databases under the
924	924	15 Firearm Concealed Carry Act, records of the Concealed
925	925	16 Carry Licensing Review Board under the Firearm Concealed
926	926	17 Carry Act, and law enforcement agency objections under the
927	927	18 Firearm Concealed Carry Act.
928	928	19 (v-5) Records of the Firearm Owner's Identification
929	929	20 Card Review Board that are exempted from disclosure under
930	930	21 Section 10 of the Firearm Owners Identification Card Act.
931	931	22 (w) Personally identifiable information which is
932	932	23 exempted from disclosure under subsection (g) of Section
933	933	24 19.1 of the Toll Highway Act.
934	934	25 (x) Information which is exempted from disclosure
935	935	26 under Section 5-1014.3 of the Counties Code or Section
936	936
937	937
938	938
939	939
940	940
941	941	SB1200 - 25 - LRB104 03905 RLC 13929 b
942	942
943	943
944	944	SB1200- 26 -LRB104 03905 RLC 13929 b SB1200 - 26 - LRB104 03905 RLC 13929 b
945	945	SB1200 - 26 - LRB104 03905 RLC 13929 b
946	946	1 8-11-21 of the Illinois Municipal Code.
947	947	2 (y) Confidential information under the Adult
948	948	3 Protective Services Act and its predecessor enabling
949	949	4 statute, the Elder Abuse and Neglect Act, including
950	950	5 information about the identity and administrative finding
951	951	6 against any caregiver of a verified and substantiated
952	952	7 decision of abuse, neglect, or financial exploitation of
953	953	8 an eligible adult maintained in the Registry established
954	954	9 under Section 7.5 of the Adult Protective Services Act.
955	955	10 (z) Records and information provided to a fatality
956	956	11 review team or the Illinois Fatality Review Team Advisory
957	957	12 Council under Section 15 of the Adult Protective Services
958	958	13 Act.
959	959	14 (aa) Information which is exempted from disclosure
960	960	15 under Section 2.37 of the Wildlife Code.
961	961	16 (bb) Information which is or was prohibited from
962	962	17 disclosure by the Juvenile Court Act of 1987.
963	963	18 (cc) Recordings made under the Law Enforcement
964	964	19 Officer-Worn Body Camera Act, except to the extent
965	965	20 authorized under that Act.
966	966	21 (dd) Information that is prohibited from being
967	967	22 disclosed under Section 45 of the Condominium and Common
968	968	23 Interest Community Ombudsperson Act.
969	969	24 (ee) Information that is exempted from disclosure
970	970	25 under Section 30.1 of the Pharmacy Practice Act.
971	971	26 (ff) Information that is exempted from disclosure
972	972
973	973
974	974
975	975
976	976
977	977	SB1200 - 26 - LRB104 03905 RLC 13929 b
978	978
979	979
980	980	SB1200- 27 -LRB104 03905 RLC 13929 b SB1200 - 27 - LRB104 03905 RLC 13929 b
981	981	SB1200 - 27 - LRB104 03905 RLC 13929 b
982	982	1 under the Revised Uniform Unclaimed Property Act.
983	983	2 (gg) Information that is prohibited from being
984	984	3 disclosed under Section 7-603.5 of the Illinois Vehicle
985	985	4 Code.
986	986	5 (hh) Records that are exempt from disclosure under
987	987	6 Section 1A-16.7 of the Election Code.
988	988	7 (ii) Information which is exempted from disclosure
989	989	8 under Section 2505-800 of the Department of Revenue Law of
990	990	9 the Civil Administrative Code of Illinois.
991	991	10 (jj) Information and reports that are required to be
992	992	11 submitted to the Department of Labor by registering day
993	993	12 and temporary labor service agencies but are exempt from
994	994	13 disclosure under subsection (a-1) of Section 45 of the Day
995	995	14 and Temporary Labor Services Act.
996	996	15 (kk) Information prohibited from disclosure under the
997	997	16 Seizure and Forfeiture Reporting Act.
998	998	17 (ll) Information the disclosure of which is restricted
999	999	18 and exempted under Section 5-30.8 of the Illinois Public
1000	1000	19 Aid Code.
1001	1001	20 (mm) Records that are exempt from disclosure under
1002	1002	21 Section 4.2 of the Crime Victims Compensation Act.
1003	1003	22 (nn) Information that is exempt from disclosure under
1004	1004	23 Section 70 of the Higher Education Student Assistance Act.
1005	1005	24 (oo) Communications, notes, records, and reports
1006	1006	25 arising out of a peer support counseling session
1007	1007	26 prohibited from disclosure under the First Responders
1008	1008
1009	1009
1010	1010
1011	1011
1012	1012
1013	1013	SB1200 - 27 - LRB104 03905 RLC 13929 b
1014	1014
1015	1015
1016	1016	SB1200- 28 -LRB104 03905 RLC 13929 b SB1200 - 28 - LRB104 03905 RLC 13929 b
1017	1017	SB1200 - 28 - LRB104 03905 RLC 13929 b
1018	1018	1 Suicide Prevention Act.
1019	1019	2 (pp) Names and all identifying information relating to
1020	1020	3 an employee of an emergency services provider or law
1021	1021	4 enforcement agency under the First Responders Suicide
1022	1022	5 Prevention Act.
1023	1023	6 (qq) Information and records held by the Department of
1024	1024	7 Public Health and its authorized representatives collected
1025	1025	8 under the Reproductive Health Act.
1026	1026	9 (rr) Information that is exempt from disclosure under
1027	1027	10 the Cannabis Regulation and Tax Act.
1028	1028	11 (ss) Data reported by an employer to the Department of
1029	1029	12 Human Rights pursuant to Section 2-108 of the Illinois
1030	1030	13 Human Rights Act.
1031	1031	14 (tt) Recordings made under the Children's Advocacy
1032	1032	15 Center Act, except to the extent authorized under that
1033	1033	16 Act.
1034	1034	17 (uu) Information that is exempt from disclosure under
1035	1035	18 Section 50 of the Sexual Assault Evidence Submission Act.
1036	1036	19 (vv) Information that is exempt from disclosure under
1037	1037	20 subsections (f) and (j) of Section 5-36 of the Illinois
1038	1038	21 Public Aid Code.
1039	1039	22 (ww) Information that is exempt from disclosure under
1040	1040	23 Section 16.8 of the State Treasurer Act.
1041	1041	24 (xx) Information that is exempt from disclosure or
1042	1042	25 information that shall not be made public under the
1043	1043	26 Illinois Insurance Code.
1044	1044
1045	1045
1046	1046
1047	1047
1048	1048
1049	1049	SB1200 - 28 - LRB104 03905 RLC 13929 b
1050	1050
1051	1051
1052	1052	SB1200- 29 -LRB104 03905 RLC 13929 b SB1200 - 29 - LRB104 03905 RLC 13929 b
1053	1053	SB1200 - 29 - LRB104 03905 RLC 13929 b
1054	1054	1 (yy) Information prohibited from being disclosed under
1055	1055	2 the Illinois Educational Labor Relations Act.
1056	1056	3 (zz) Information prohibited from being disclosed under
1057	1057	4 the Illinois Public Labor Relations Act.
1058	1058	5 (aaa) Information prohibited from being disclosed
1059	1059	6 under Section 1-167 of the Illinois Pension Code.
1060	1060	7 (bbb) Information that is prohibited from disclosure
1061	1061	8 by the Illinois Police Training Act and the Illinois State
1062	1062	9 Police Act.
1063	1063	10 (ccc) Records exempt from disclosure under Section
1064	1064	11 2605-304 of the Illinois State Police Law of the Civil
1065	1065	12 Administrative Code of Illinois.
1066	1066	13 (ddd) Information prohibited from being disclosed
1067	1067	14 under Section 35 of the Address Confidentiality for
1068	1068	15 Victims of Domestic Violence, Sexual Assault, Human
1069	1069	16 Trafficking, or Stalking Act.
1070	1070	17 (eee) Information prohibited from being disclosed
1071	1071	18 under subsection (b) of Section 75 of the Domestic
1072	1072	19 Violence Fatality Review Act.
1073	1073	20 (fff) Images from cameras under the Expressway Camera
1074	1074	21 Act. This subsection (fff) is inoperative on and after
1075	1075	22 July 1, 2025.
1076	1076	23 (ggg) Information prohibited from disclosure under
1077	1077	24 paragraph (3) of subsection (a) of Section 14 of the Nurse
1078	1078	25 Agency Licensing Act.
1079	1079	26 (hhh) Information submitted to the Illinois State
1080	1080
1081	1081
1082	1082
1083	1083
1084	1084
1085	1085	SB1200 - 29 - LRB104 03905 RLC 13929 b
1086	1086
1087	1087
1088	1088	SB1200- 30 -LRB104 03905 RLC 13929 b SB1200 - 30 - LRB104 03905 RLC 13929 b
1089	1089	SB1200 - 30 - LRB104 03905 RLC 13929 b
1090	1090	1 Police in an affidavit or application for an assault
1091	1091	2 weapon endorsement, assault weapon attachment endorsement,
1092	1092	3 .50 caliber rifle endorsement, or .50 caliber cartridge
1093	1093	4 endorsement under the Firearm Owners Identification Card
1094	1094	5 Act.
1095	1095	6 (iii) Data exempt from disclosure under Section 50 of
1096	1096	7 the School Safety Drill Act.
1097	1097	8 (jjj) Information exempt from disclosure under Section
1098	1098	9 30 of the Insurance Data Security Law.
1099	1099	10 (kkk) Confidential business information prohibited
1100	1100	11 from disclosure under Section 45 of the Paint Stewardship
1101	1101	12 Act.
1102	1102	13 (lll) Data exempt from disclosure under Section
1103	1103	14 2-3.196 of the School Code.
1104	1104	15 (mmm) Information prohibited from being disclosed
1105	1105	16 under subsection (e) of Section 1-129 of the Illinois
1106	1106	17 Power Agency Act.
1107	1107	18 (nnn) Materials received by the Department of Commerce
1108	1108	19 and Economic Opportunity that are confidential under the
1109	1109	20 Music and Musicians Tax Credit and Jobs Act.
1110	1110	21 (ooo) (nnn) Data or information provided pursuant to
1111	1111	22 Section 20 of the Statewide Recycling Needs and Assessment
1112	1112	23 Act.
1113	1113	24 (ppp) (nnn) Information that is exempt from disclosure
1114	1114	25 under Section 28-11 of the Lawful Health Care Activity
1115	1115	26 Act.
1116	1116
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121	SB1200 - 30 - LRB104 03905 RLC 13929 b
1122	1122
1123	1123
1124	1124	SB1200- 31 -LRB104 03905 RLC 13929 b SB1200 - 31 - LRB104 03905 RLC 13929 b
1125	1125	SB1200 - 31 - LRB104 03905 RLC 13929 b
1126	1126	1 (qqq) (nnn) Information that is exempt from disclosure
1127	1127	2 under Section 7-101 of the Illinois Human Rights Act.
1128	1128	3 (rrr) (mmm) Information prohibited from being
1129	1129	4 disclosed under Section 4-2 of the Uniform Money
1130	1130	5 Transmission Modernization Act.
1131	1131	6 (sss) (nnn) Information exempt from disclosure under
1132	1132	7 Section 40 of the Student-Athlete Endorsement Rights Act.
1133	1133	8 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
1134	1134	9 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
1135	1135	10 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
1136	1136	11 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
1137	1137	12 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
1138	1138	13 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
1139	1139	14 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.
1140	1140	15 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,
1141	1141	16 eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;
1142	1142	17 103-1049, eff. 8-9-24; revised 11-26-24.)
1143	1143	18 Section 100. The State Finance Act is amended by adding
1144	1144	19 Section 5.1030 as follows:
1145	1145	20 (30 ILCS 105/5.1030 new)
1146	1146	21 Sec. 5.1030. The Capital Litigation Trust Fund.
1147	1147	22 Section 105. The Code of Criminal Procedure of 1963 is
1148	1148	23 amended by changing Sections 113-3 and 119-1 as follows:
1149	1149
1150	1150
1151	1151
1152	1152
1153	1153
1154	1154	SB1200 - 31 - LRB104 03905 RLC 13929 b
1155	1155
1156	1156
1157	1157	SB1200- 32 -LRB104 03905 RLC 13929 b SB1200 - 32 - LRB104 03905 RLC 13929 b
1158	1158	SB1200 - 32 - LRB104 03905 RLC 13929 b
1159	1159	1 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
1160	1160	2 Sec. 113-3. (a) Every person charged with an offense shall
1161	1161	3 be allowed counsel before pleading to the charge. If the
1162	1162	4 defendant desires counsel and has been unable to obtain same
1163	1163	5 before arraignment the court shall recess court or continue
1164	1164	6 the cause for a reasonable time to permit defendant to obtain
1165	1165	7 counsel and consult with him before pleading to the charge. If
1166	1166	8 the accused is a dissolved corporation, and is not represented
1167	1167	9 by counsel, the court may, in the interest of justice, appoint
1168	1168	10 as counsel a licensed attorney of this State.
1169	1169	11 (b) In all cases, except where the penalty is a fine only,
1170	1170	12 if the court determines that the defendant is indigent and
1171	1171	13 desires counsel, the Public Defender shall be appointed as
1172	1172	14 counsel. If there is no Public Defender in the county or if the
1173	1173	15 defendant requests counsel other than the Public Defender and
1174	1174	16 the court finds that the rights of the defendant will be
1175	1175	17 prejudiced by the appointment of the Public Defender, the
1176	1176	18 court shall appoint as counsel a licensed attorney at law of
1177	1177	19 this State, except that in a county having a population of
1178	1178	20 2,000,000 or more the Public Defender shall be appointed as
1179	1179	21 counsel in all misdemeanor cases where the defendant is
1180	1180	22 indigent and desires counsel unless the case involves multiple
1181	1181	23 defendants, in which case the court may appoint counsel other
1182	1182	24 than the Public Defender for the additional defendants. The
1183	1183	25 court shall require an affidavit signed by any defendant who
1184	1184
1185	1185
1186	1186
1187	1187
1188	1188
1189	1189	SB1200 - 32 - LRB104 03905 RLC 13929 b
1190	1190
1191	1191
1192	1192	SB1200- 33 -LRB104 03905 RLC 13929 b SB1200 - 33 - LRB104 03905 RLC 13929 b
1193	1193	SB1200 - 33 - LRB104 03905 RLC 13929 b
1194	1194	1 requests court-appointed counsel. Such affidavit shall be in
1195	1195	2 the form established by the Supreme Court containing
1196	1196	3 sufficient information to ascertain the assets and liabilities
1197	1197	4 of that defendant. The Court may direct the Clerk of the
1198	1198	5 Circuit Court to assist the defendant in the completion of the
1199	1199	6 affidavit. Any person who knowingly files such affidavit
1200	1200	7 containing false information concerning his assets and
1201	1201	8 liabilities shall be liable to the county where the case, in
1202	1202	9 which such false affidavit is filed, is pending for the
1203	1203	10 reasonable value of the services rendered by the public
1204	1204	11 defender or other court-appointed counsel in the case to the
1205	1205	12 extent that such services were unjustly or falsely procured.
1206	1206	13 (c) Upon the filing with the court of a verified statement
1207	1207	14 of services rendered the court shall order the county
1208	1208	15 treasurer of the county of trial to pay counsel other than the
1209	1209	16 Public Defender a reasonable fee. The court shall consider all
1210	1210	17 relevant circumstances, including but not limited to the time
1211	1211	18 spent while court is in session, other time spent in
1212	1212	19 representing the defendant, and expenses reasonably incurred
1213	1213	20 by counsel. In counties with a population greater than
1214	1214	21 2,000,000, the court shall order the county treasurer of the
1215	1215	22 county of trial to pay counsel other than the Public Defender a
1216	1216	23 reasonable fee stated in the order and based upon a rate of
1217	1217	24 compensation of not more than $40 for each hour spent while
1218	1218	25 court is in session and not more than $30 for each hour
1219	1219	26 otherwise spent representing a defendant, and such
1220	1220
1221	1221
1222	1222
1223	1223
1224	1224
1225	1225	SB1200 - 33 - LRB104 03905 RLC 13929 b
1226	1226
1227	1227
1228	1228	SB1200- 34 -LRB104 03905 RLC 13929 b SB1200 - 34 - LRB104 03905 RLC 13929 b
1229	1229	SB1200 - 34 - LRB104 03905 RLC 13929 b
1230	1230	1 compensation shall not exceed $150 for each defendant
1231	1231	2 represented in misdemeanor cases and $1250 in felony cases, in
1232	1232	3 addition to expenses reasonably incurred as hereinafter in
1233	1233	4 this Section provided, except that, in extraordinary
1234	1234	5 circumstances, payment in excess of the limits herein stated
1235	1235	6 may be made if the trial court certifies that such payment is
1236	1236	7 necessary to provide fair compensation for protracted
1237	1237	8 representation. A trial court may entertain the filing of this
1238	1238	9 verified statement before the termination of the cause, and
1239	1239	10 may order the provisional payment of sums during the pendency
1240	1240	11 of the cause.
1241	1241	12 (d) In capital cases, in addition to counsel, if the court
1242	1242	13 determines that the defendant is indigent the court may, upon
1243	1243	14 the filing with the court of a verified statement of services
1244	1244	15 rendered, order the county Treasurer of the county of trial to
1245	1245	16 pay necessary expert witnesses for defendant reasonable
1246	1246	17 compensation stated in the order not to exceed $250 for each
1247	1247	18 defendant.
1248	1248	19 (e) If the court in any county having a population greater
1249	1249	20 than 2,000,000 determines that the defendant is indigent the
1250	1250	21 court may, upon the filing with the court of a verified
1251	1251	22 statement of such expenses, order the county treasurer of the
1252	1252	23 county of trial, in such counties having a population greater
1253	1253	24 than 2,000,000 to pay the general expenses of the trial
1254	1254	25 incurred by the defendant not to exceed $50 for each
1255	1255	26 defendant.
1256	1256
1257	1257
1258	1258
1259	1259
1260	1260
1261	1261	SB1200 - 34 - LRB104 03905 RLC 13929 b
1262	1262
1263	1263
1264	1264	SB1200- 35 -LRB104 03905 RLC 13929 b SB1200 - 35 - LRB104 03905 RLC 13929 b
1265	1265	SB1200 - 35 - LRB104 03905 RLC 13929 b
1266	1266	1 (f) The provisions of this Section relating to appointment
1267	1267	2 of counsel, compensation of counsel, and payment of expenses
1268	1268	3 in capital cases apply except when the compensation and
1269	1269	4 expenses are being provided under the Capital Crimes
1270	1270	5 Litigation Act of 2025.
1271	1271	6 (Source: P.A. 91-589, eff. 1-1-00.)
1272	1272	7 (725 ILCS 5/119-1)
1273	1273	8 Sec. 119-1. Death penalty restored abolished.
1274	1274	9 (a) (Blank). Beginning on the effective date of this
1275	1275	10 amendatory Act of the 96th General Assembly, notwithstanding
1276	1276	11 any other law to the contrary, the death penalty is abolished
1277	1277	12 and a sentence to death may not be imposed.
1278	1278	13 (b) All unobligated and unexpended moneys remaining in the
1279	1279	14 Capital Litigation Trust Fund on the effective date of this
1280	1280	15 amendatory Act of the 96th General Assembly shall be
1281	1281	16 transferred into the Death Penalty Abolition Fund on the
1282	1282	17 effective date of this amendatory Act of the 104th General
1283	1283	18 Assembly shall be transferred into the Capital Litigation
1284	1284	19 Trust Fund , a special fund in the State treasury, to be
1285	1285	20 expended by the Illinois Criminal Justice Information
1286	1286	21 Authority, for services for families of victims of homicide or
1287	1287	22 murder and for training of law enforcement personnel.
1288	1288	23 (Source: P.A. 96-1543, eff. 7-1-11.)
1289	1289	24 Section 110. The State Appellate Defender Act is amended
1290	1290
1291	1291
1292	1292
1293	1293
1294	1294
1295	1295	SB1200 - 35 - LRB104 03905 RLC 13929 b
1296	1296
1297	1297
1298	1298	SB1200- 36 -LRB104 03905 RLC 13929 b SB1200 - 36 - LRB104 03905 RLC 13929 b
1299	1299	SB1200 - 36 - LRB104 03905 RLC 13929 b
1300	1300	1 by changing Section 10 as follows:
1301	1301	2 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
1302	1302	3 Sec. 10. Powers and duties of State Appellate Defender.
1303	1303	4 (a) The State Appellate Defender shall represent indigent
1304	1304	5 persons on appeal in criminal and delinquent minor
1305	1305	6 proceedings, when appointed to do so by a court under a Supreme
1306	1306	7 Court Rule or law of this State.
1307	1307	8 (b) The State Appellate Defender shall submit a budget for
1308	1308	9 the approval of the State Appellate Defender Commission.
1309	1309	10 (c) The State Appellate Defender may:
1310	1310	11 (1) maintain a panel of private attorneys available to
1311	1311	12 serve as counsel on a case basis;
1312	1312	13 (2) establish programs, alone or in conjunction with
1313	1313	14 law schools, for the purpose of utilizing volunteer law
1314	1314	15 students as legal assistants;
1315	1315	16 (3) cooperate and consult with state agencies,
1316	1316	17 professional associations, and other groups concerning the
1317	1317	18 causes of criminal conduct, the rehabilitation and
1318	1318	19 correction of persons charged with and convicted of crime,
1319	1319	20 the administration of criminal justice, and, in counties
1320	1320	21 of less than 1,000,000 population, study, design, develop
1321	1321	22 and implement model systems for the delivery of trial
1322	1322	23 level defender services, and make an annual report to the
1323	1323	24 General Assembly;
1324	1324	25 (4) hire investigators to provide investigative
1325	1325
1326	1326
1327	1327
1328	1328
1329	1329
1330	1330	SB1200 - 36 - LRB104 03905 RLC 13929 b
1331	1331
1332	1332
1333	1333	SB1200- 37 -LRB104 03905 RLC 13929 b SB1200 - 37 - LRB104 03905 RLC 13929 b
1334	1334	SB1200 - 37 - LRB104 03905 RLC 13929 b
1335	1335	1 services to appointed counsel and county public defenders;
1336	1336	2 (5) (blank);
1337	1337	3 (5.1) in cases in which a death sentence is an
1338	1338	4 authorized disposition, provide trial counsel with legal
1339	1339	5 assistance and the assistance of expert witnesses,
1340	1340	6 investigators, and mitigation specialists from funds
1341	1341	7 appropriated to the State Appellate Defender specifically
1342	1342	8 for that purpose by the General Assembly. The Office of
1343	1343	9 State Appellate Defender shall not be appointed to serve
1344	1344	10 as trial counsel in capital cases;
1345	1345	11 (5.5) provide training to county public defenders;
1346	1346	12 (5.7) provide county public defenders with the
1347	1347	13 assistance of expert witnesses and investigators from
1348	1348	14 funds appropriated to the State Appellate Defender
1349	1349	15 specifically for that purpose by the General Assembly. The
1350	1350	16 Office of the State Appellate Defender shall not be
1351	1351	17 appointed to act as trial counsel;
1352	1352	18 (6) develop a Juvenile Defender Resource Center to:
1353	1353	19 (i) study, design, develop, and implement model systems
1354	1354	20 for the delivery of trial level defender services for
1355	1355	21 juveniles in the justice system; (ii) in cases in which a
1356	1356	22 sentence of incarceration or an adult sentence, or both,
1357	1357	23 is an authorized disposition, provide trial counsel with
1358	1358	24 legal advice and the assistance of expert witnesses and
1359	1359	25 investigators from funds appropriated to the Office of the
1360	1360	26 State Appellate Defender by the General Assembly
1361	1361
1362	1362
1363	1363
1364	1364
1365	1365
1366	1366	SB1200 - 37 - LRB104 03905 RLC 13929 b
1367	1367
1368	1368
1369	1369	SB1200- 38 -LRB104 03905 RLC 13929 b SB1200 - 38 - LRB104 03905 RLC 13929 b
1370	1370	SB1200 - 38 - LRB104 03905 RLC 13929 b
1371	1371	1 specifically for that purpose; (iii) develop and provide
1372	1372	2 training to public defenders on juvenile justice issues,
1373	1373	3 utilizing resources including the State and local bar
1374	1374	4 associations, the Illinois Public Defender Association,
1375	1375	5 law schools, the Midwest Juvenile Defender Center, and pro
1376	1376	6 bono efforts by law firms; and (iv) make an annual report
1377	1377	7 to the General Assembly.
1378	1378	8 Investigators employed by the Capital Trial Assistance
1379	1379	9 Unit and Capital Post Conviction Unit of the State Appellate
1380	1380	10 Defender shall be authorized to inquire through the Illinois
1381	1381	11 State Police or local law enforcement with the Law Enforcement
1382	1382	12 Agencies Data System (LEADS) under Section 2605-375 of the
1383	1383	13 Civil Administrative Code of Illinois to ascertain whether
1384	1384	14 their potential witnesses have a criminal background,
1385	1385	15 including, but not limited to: (i) warrants; (ii) arrests;
1386	1386	16 (iii) convictions; and (iv) officer safety information. This
1387	1387	17 authorization applies only to information held on the State
1388	1388	18 level and shall be used only to protect the personal safety of
1389	1389	19 the investigators. Any information that is obtained through
1390	1390	20 this inquiry may not be disclosed by the investigators.
1391	1391	21 (c-5) For each State fiscal year, the State Appellate
1392	1392	22 Defender shall request a direct appropriation from the Capital
1393	1393	23 Litigation Trust Fund for expenses incurred by the State
1394	1394	24 Appellate Defender in providing assistance to trial attorneys
1395	1395	25 under paragraph (5.1) of subsection (c) of this Section and
1396	1396	26 for expenses incurred by the State Appellate Defender in
1397	1397
1398	1398
1399	1399
1400	1400
1401	1401
1402	1402	SB1200 - 38 - LRB104 03905 RLC 13929 b
1403	1403
1404	1404
1405	1405	SB1200- 39 -LRB104 03905 RLC 13929 b SB1200 - 39 - LRB104 03905 RLC 13929 b
1406	1406	SB1200 - 39 - LRB104 03905 RLC 13929 b
1407	1407	1 representing petitioners in capital cases in post-conviction
1408	1408	2 proceedings under Article 122 of the Code of Criminal
1409	1409	3 Procedure of 1963 and in relation to petitions filed under
1410	1410	4 Section 2-1401 of the Code of Civil Procedure in relation to
1411	1411	5 capital cases and for the representation of those petitioners
1412	1412	6 by attorneys approved by or contracted with the State
1413	1413	7 Appellate Defender and an appropriation to the State Treasurer
1414	1414	8 for payments from the Trust Fund for the defense of cases in
1415	1415	9 counties other than Cook County. The State Appellate Defender
1416	1416	10 may appear before the General Assembly at other times during
1417	1417	11 the State's fiscal year to request supplemental appropriations
1418	1418	12 from the Trust Fund to the State Treasurer.
1419	1419	13 (d) (Blank).
1420	1420	14 (e) The requirement for reporting to the General Assembly
1421	1421	15 shall be satisfied by filing copies of the report as required
1422	1422	16 by Section 3.1 of the General Assembly Organization Act and
1423	1423	17 filing such additional copies with the State Government Report
1424	1424	18 Distribution Center for the General Assembly as is required
1425	1425	19 under paragraph (t) of Section 7 of the State Library Act.
1426	1426	20 (Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)
1427	1427	21 Section 115. The Unified Code of Corrections is amended by
1428	1428	22 changing Section 5-8-1 as follows:
1429	1429	23 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
1430	1430	24 Sec. 5-8-1. Natural life imprisonment; enhancements for
1431	1431
1432	1432
1433	1433
1434	1434
1435	1435
1436	1436	SB1200 - 39 - LRB104 03905 RLC 13929 b
1437	1437
1438	1438
1439	1439	SB1200- 40 -LRB104 03905 RLC 13929 b SB1200 - 40 - LRB104 03905 RLC 13929 b
1440	1440	SB1200 - 40 - LRB104 03905 RLC 13929 b
1441	1441	1 use of a firearm; mandatory supervised release terms.
1442	1442	2 (a) Except as otherwise provided in the statute defining
1443	1443	3 the offense or in Article 4.5 of Chapter V, a sentence of
1444	1444	4 imprisonment for a felony shall be a determinate sentence set
1445	1445	5 by the court under this Section, subject to Section 5-4.5-115
1446	1446	6 of this Code, according to the following limitations:
1447	1447	7 (1) for first degree murder,
1448	1448	8 (a) (blank),
1449	1449	9 (a-1) if the defendant had at the time of the
1450	1450	10 commission of the offense attained 18 years of age or
1451	1451	11 more, the court may sentence the defendant to death
1452	1452	12 under the procedures described in subsections (a-2)
1453	1453	13 through (a-11) if:
1454	1454	14 (1) the murdered individual was a peace
1455	1455	15 officer, employee of an institution or facility of
1456	1456	16 the Department of Corrections or any similar local
1457	1457	17 correctional agency, or fireman killed in the
1458	1458	18 course of performing his or her official duties,
1459	1459	19 to prevent the performance of his or her official
1460	1460	20 duties, or in retaliation for performing his or
1461	1461	21 her official duties, and the defendant knew or
1462	1462	22 should have known that the murdered individual was
1463	1463	23 so employed;
1464	1464	24 (2) the defendant has been convicted of
1465	1465	25 murdering 2 or more individuals under subsection
1466	1466	26 (a) of Section 9-1 of the Criminal Code of 2012 or
1467	1467
1468	1468
1469	1469
1470	1470
1471	1471
1472	1472	SB1200 - 40 - LRB104 03905 RLC 13929 b
1473	1473
1474	1474
1475	1475	SB1200- 41 -LRB104 03905 RLC 13929 b SB1200 - 41 - LRB104 03905 RLC 13929 b
1476	1476	SB1200 - 41 - LRB104 03905 RLC 13929 b
1477	1477	1 under any law of the United States or of any state
1478	1478	2 which is substantially similar to subsection (a)
1479	1479	3 of Section 9-1 of the Criminal Code of 2012
1480	1480	4 regardless of whether the deaths occurred as the
1481	1481	5 result of the same act or of several related or
1482	1482	6 unrelated acts so long as the deaths were the
1483	1483	7 result of either an intent to kill more than one
1484	1484	8 person or of separate acts which the defendant
1485	1485	9 knew would cause death or create a strong
1486	1486	10 probability of death or great bodily harm to the
1487	1487	11 murdered individual or another; or
1488	1488	12 (3) the murdered individual was under 12 years
1489	1489	13 of age and the death resulted from exceptionally
1490	1490	14 brutal or heinous behavior indicative of wanton
1491	1491	15 cruelty;
1492	1492	16 (4) the murder was committed by the defendant
1493	1493	17 upon the grounds of a school or grounds adjacent
1494	1494	18 to a school, or is in any part of a building used
1495	1495	19 for school purposes;
1496	1496	20 (5) the murder was committed by the defendant
1497	1497	21 in connection with or as a result of the offense of
1498	1498	22 terrorism as defined in Section 29D-14.9 of the
1499	1499	23 Criminal Code of 2012; or
1500	1500	24 (6) the murdered individual was a member of a
1501	1501	25 congregation engaged in prayer or other religious
1502	1502	26 activities at a church, synagogue, mosque, or
1503	1503
1504	1504
1505	1505
1506	1506
1507	1507
1508	1508	SB1200 - 41 - LRB104 03905 RLC 13929 b
1509	1509
1510	1510
1511	1511	SB1200- 42 -LRB104 03905 RLC 13929 b SB1200 - 42 - LRB104 03905 RLC 13929 b
1512	1512	SB1200 - 42 - LRB104 03905 RLC 13929 b
1513	1513	1 other building, structure, or place used for
1514	1514	2 religious worship.
1515	1515	3 (a-2) The court shall consider, or shall instruct
1516	1516	4 the jury to consider, any aggravating and any
1517	1517	5 mitigating factors which are relevant to the
1518	1518	6 imposition of the death penalty. Aggravating
1519	1519	7 factors may include, but need not be limited to,
1520	1520	8 those factors set forth in subsections (b) and
1521	1521	9 (b-5). Mitigating factors may include but need not
1522	1522	10 be limited to the following:
1523	1523	11 (1) the defendant has no significant history
1524	1524	12 of prior criminal activity;
1525	1525	13 (2) the murder was committed while the
1526	1526	14 defendant was under the influence of extreme
1527	1527	15 mental or emotional disturbance, although not such
1528	1528	16 as to constitute a defense to prosecution;
1529	1529	17 (3) the murdered individual was a participant
1530	1530	18 in the defendant's homicidal conduct or consented
1531	1531	19 to the homicidal act;
1532	1532	20 (4) the defendant acted under the compulsion
1533	1533	21 of threat or menace of the imminent infliction of
1534	1534	22 death or great bodily harm;
1535	1535	23 (5) the defendant was not personally present
1536	1536	24 during commission of the act or acts causing
1537	1537	25 death;
1538	1538	26 (6) the defendant's background includes a
1539	1539
1540	1540
1541	1541
1542	1542
1543	1543
1544	1544	SB1200 - 42 - LRB104 03905 RLC 13929 b
1545	1545
1546	1546
1547	1547	SB1200- 43 -LRB104 03905 RLC 13929 b SB1200 - 43 - LRB104 03905 RLC 13929 b
1548	1548	SB1200 - 43 - LRB104 03905 RLC 13929 b
1549	1549	1 history of extreme emotional or physical abuse;
1550	1550	2 (7) the defendant suffers from a reduced
1551	1551	3 mental capacity. Provided, however, that an action
1552	1552	4 that does not otherwise mitigate first degree
1553	1553	5 murder cannot qualify as a mitigating factor for
1554	1554	6 first degree murder because of the discovery,
1555	1555	7 knowledge, or disclosure of the victim's sexual
1556	1556	8 orientation as defined in Section 1-103 of the
1557	1557	9 Illinois Human Rights Act.
1558	1558	10 (a-3) If requested by the State, the court shall
1559	1559	11 conduct a separate sentencing proceeding to determine
1560	1560	12 the existence of factors set forth in subsections (b)
1561	1561	13 and (b-5) and to consider any aggravating or
1562	1562	14 mitigating factors as indicated in this subsection
1563	1563	15 (a-2). The proceeding shall be conducted:
1564	1564	16 (1) before the jury that determined the
1565	1565	17 defendant's guilt; or
1566	1566	18 (2) before a jury impanelled for the purpose
1567	1567	19 of the proceeding if:
1568	1568	20 (A) the defendant was convicted upon a
1569	1569	21 plea of guilty; or
1570	1570	22 (B) the defendant was convicted after a
1571	1571	23 trial before the court sitting without a jury;
1572	1572	24 or
1573	1573	25 (C) the court for good cause shown
1574	1574	26 discharges the jury that determined the
1575	1575
1576	1576
1577	1577
1578	1578
1579	1579
1580	1580	SB1200 - 43 - LRB104 03905 RLC 13929 b
1581	1581
1582	1582
1583	1583	SB1200- 44 -LRB104 03905 RLC 13929 b SB1200 - 44 - LRB104 03905 RLC 13929 b
1584	1584	SB1200 - 44 - LRB104 03905 RLC 13929 b
1585	1585	1 defendant's guilt; or
1586	1586	2 (3) before the court alone if the defendant
1587	1587	3 waives a jury for the separate proceeding.
1588	1588	4 (a-4) During the proceeding any information
1589	1589	5 relevant to any of the factors set forth in
1590	1590	6 subsections (b) and (b-5) may be presented by either
1591	1591	7 the State or the defendant under the rules governing
1592	1592	8 the admission of evidence at criminal trials. Any
1593	1593	9 information relevant to any additional aggravating
1594	1594	10 factors or any mitigating factors indicated in
1595	1595	11 subsection (a-2) may be presented by the State or
1596	1596	12 defendant regardless of its admissibility under the
1597	1597	13 rules governing the admission of evidence at criminal
1598	1598	14 trials. The State and the defendant shall be given
1599	1599	15 fair opportunity to rebut any information received at
1600	1600	16 the hearing.
1601	1601	17 (a-5) The burden of proof of establishing the
1602	1602	18 existence of any of the factors set forth in
1603	1603	19 subsections (b) and (b-5) is on the State and shall not
1604	1604	20 be satisfied unless established beyond a reasonable
1605	1605	21 doubt.
1606	1606	22 (a-6) If at the separate sentencing proceeding the
1607	1607	23 jury finds that none of the factors set forth in
1608	1608	24 subsections (b) and (b-5) exists, the court shall
1609	1609	25 sentence the defendant to a term of imprisonment under
1610	1610	26 Chapter V. If there is a unanimous finding by the jury
1611	1611
1612	1612
1613	1613
1614	1614
1615	1615
1616	1616	SB1200 - 44 - LRB104 03905 RLC 13929 b
1617	1617
1618	1618
1619	1619	SB1200- 45 -LRB104 03905 RLC 13929 b SB1200 - 45 - LRB104 03905 RLC 13929 b
1620	1620	SB1200 - 45 - LRB104 03905 RLC 13929 b
1621	1621	1 that one or more of the factors set forth in
1622	1622	2 subsections (b) and (b-5) exist, the jury shall
1623	1623	3 consider aggravating and mitigating factors as
1624	1624	4 instructed by the court and shall determine whether
1625	1625	5 the sentence of death shall be imposed. If the jury
1626	1626	6 determines unanimously, after weighing the factors in
1627	1627	7 aggravation and mitigation, that death is the
1628	1628	8 appropriate sentence, the court shall sentence the
1629	1629	9 defendant to death. If the court does not concur with
1630	1630	10 the jury determination that death is the appropriate
1631	1631	11 sentence, the court shall set forth reasons in writing
1632	1632	12 including what facts or circumstances the court relied
1633	1633	13 upon, along with any relevant documents, that
1634	1634	14 compelled the court to non-concur with the sentence.
1635	1635	15 This document and any attachments shall be part of the
1636	1636	16 record for appellate review. The court shall be bound
1637	1637	17 by the jury's sentencing determination. If after
1638	1638	18 weighing the factors in aggravation and mitigation,
1639	1639	19 one or more jurors determines that death is not the
1640	1640	20 appropriate sentence, the court shall sentence the
1641	1641	21 defendant to a term of imprisonment under Chapter V of
1642	1642	22 the Unified Code of Corrections.
1643	1643	23 (a-7) In a proceeding before the court alone, if
1644	1644	24 the court finds that none of the factors found in
1645	1645	25 subsections (b) and (b-5) exists, the court shall
1646	1646	26 sentence the defendant to a term of imprisonment under
1647	1647
1648	1648
1649	1649
1650	1650
1651	1651
1652	1652	SB1200 - 45 - LRB104 03905 RLC 13929 b
1653	1653
1654	1654
1655	1655	SB1200- 46 -LRB104 03905 RLC 13929 b SB1200 - 46 - LRB104 03905 RLC 13929 b
1656	1656	SB1200 - 46 - LRB104 03905 RLC 13929 b
1657	1657	1 Chapter V of the Unified Code of Corrections. If the
1658	1658	2 Court determines that one or more of the factors set
1659	1659	3 forth in subsections (b) and (b-5) exists, the court
1660	1660	4 shall consider any aggravating and mitigating factors
1661	1661	5 as indicated in subsection (a-2). If the court
1662	1662	6 determines, after weighing the factors in aggravation
1663	1663	7 and mitigation, that death is the appropriate
1664	1664	8 sentence, the Court shall sentence the defendant to
1665	1665	9 death. If the court finds that death is not the
1666	1666	10 appropriate sentence, the court shall sentence the
1667	1667	11 defendant to a term of imprisonment under Chapter V of
1668	1668	12 the Unified Code of Corrections.
1669	1669	13 (a-8) In a case in which the defendant has been
1670	1670	14 found guilty of first degree murder by a judge or jury,
1671	1671	15 or a case on remand for resentencing, and the State
1672	1672	16 seeks the death penalty as an appropriate sentence, on
1673	1673	17 the court's own motion or the written motion of the
1674	1674	18 defendant, the court may decertify the case as a death
1675	1675	19 penalty case if the court finds that the only evidence
1676	1676	20 supporting the defendant's conviction is the
1677	1677	21 uncorroborated testimony of an informant witness, as
1678	1678	22 defined in Section 115-21 of the Code of Criminal
1679	1679	23 Procedure of 1963, concerning the confession or
1680	1680	24 admission of the defendant or that the sole evidence
1681	1681	25 against the defendant is a single eyewitness or single
1682	1682	26 accomplice without any other corroborating evidence.
1683	1683
1684	1684
1685	1685
1686	1686
1687	1687
1688	1688	SB1200 - 46 - LRB104 03905 RLC 13929 b
1689	1689
1690	1690
1691	1691	SB1200- 47 -LRB104 03905 RLC 13929 b SB1200 - 47 - LRB104 03905 RLC 13929 b
1692	1692	SB1200 - 47 - LRB104 03905 RLC 13929 b
1693	1693	1 If the court decertifies the case as a capital case
1694	1694	2 under either of the grounds set forth above, the court
1695	1695	3 shall issue a written finding. The State may pursue
1696	1696	4 its right to appeal the decertification pursuant to
1697	1697	5 Supreme Court Rule 604(a)(1). If the court does not
1698	1698	6 decertify the case as a capital case, the matter shall
1699	1699	7 proceed to the eligibility phase of the sentencing
1700	1700	8 hearing.
1701	1701	9 (a-9) The conviction and sentence of death shall
1702	1702	10 be subject to automatic review by the Supreme Court.
1703	1703	11 Such review shall be in accordance with rules
1704	1704	12 promulgated by the Supreme Court. The Illinois Supreme
1705	1705	13 Court may overturn the death sentence, and order the
1706	1706	14 imposition of imprisonment under Chapter V if the
1707	1707	15 court finds that the death sentence is fundamentally
1708	1708	16 unjust as applied to the particular case. If the
1709	1709	17 Illinois Supreme Court finds that the death sentence
1710	1710	18 is fundamentally unjust as applied to the particular
1711	1711	19 case, independent of any procedural grounds for
1712	1712	20 relief, the Illinois Supreme Court shall issue a
1713	1713	21 written opinion explaining this finding.
1714	1714	22 (a-10) If the death penalty in this amendatory Act
1715	1715	23 of the 104th General Assembly is held to be
1716	1716	24 unconstitutional by the Supreme Court of the United
1717	1717	25 States or of the State of Illinois, any person
1718	1718	26 convicted of first degree murder shall be sentenced by
1719	1719
1720	1720
1721	1721
1722	1722
1723	1723
1724	1724	SB1200 - 47 - LRB104 03905 RLC 13929 b
1725	1725
1726	1726
1727	1727	SB1200- 48 -LRB104 03905 RLC 13929 b SB1200 - 48 - LRB104 03905 RLC 13929 b
1728	1728	SB1200 - 48 - LRB104 03905 RLC 13929 b
1729	1729	1 the court to a term of imprisonment under Chapter V. If
1730	1730	2 any death sentence pursuant to the sentencing
1731	1731	3 provisions of this Section is declared
1732	1732	4 unconstitutional by the Supreme Court of the United
1733	1733	5 States or of the State of Illinois, the court having
1734	1734	6 jurisdiction over a person previously sentenced to
1735	1735	7 death shall cause the defendant to be brought before
1736	1736	8 the court, and the court shall sentence the defendant
1737	1737	9 to a term of imprisonment under Chapter V.
1738	1738	10 (a-11) The Attorney General and State's Attorneys
1739	1739	11 Association shall consult on voluntary guidelines for
1740	1740	12 procedures governing whether or not to seek the death
1741	1741	13 penalty. The guidelines do not have the force of law
1742	1742	14 and are only advisory in nature, or
1743	1743	15 (b) if a trier of fact finds beyond a reasonable
1744	1744	16 doubt that the murder was accompanied by exceptionally
1745	1745	17 brutal or heinous behavior indicative of wanton
1746	1746	18 cruelty or, except as set forth in subsection
1747	1747	19 (a)(1)(c) of this Section, that any of the aggravating
1748	1748	20 factors listed in subparagraph (b-5) are present, the
1749	1749	21 court may sentence the defendant, subject to Section
1750	1750	22 5-4.5-105, to a term of natural life imprisonment, or
1751	1751	23 (b-5) a A defendant who at the time of the
1752	1752	24 commission of the offense has attained the age of 18 or
1753	1753	25 more and who has been found guilty of first degree
1754	1754	26 murder for which the death penalty has not been
1755	1755
1756	1756
1757	1757
1758	1758
1759	1759
1760	1760	SB1200 - 48 - LRB104 03905 RLC 13929 b
1761	1761
1762	1762
1763	1763	SB1200- 49 -LRB104 03905 RLC 13929 b SB1200 - 49 - LRB104 03905 RLC 13929 b
1764	1764	SB1200 - 49 - LRB104 03905 RLC 13929 b
1765	1765	1 imposed by the court may be sentenced to a term of
1766	1766	2 natural life imprisonment if:
1767	1767	3 (1) the murdered individual was an inmate at
1768	1768	4 an institution or facility of the Department of
1769	1769	5 Corrections, or any similar local correctional
1770	1770	6 agency and was killed on the grounds thereof, or
1771	1771	7 the murdered individual was otherwise present in
1772	1772	8 such institution or facility with the knowledge
1773	1773	9 and approval of the chief administrative officer
1774	1774	10 thereof;
1775	1775	11 (2) the murdered individual was killed as a
1776	1776	12 result of the hijacking of an airplane, train,
1777	1777	13 ship, bus, or other public conveyance;
1778	1778	14 (3) the defendant committed the murder
1779	1779	15 pursuant to a contract, agreement, or
1780	1780	16 understanding by which he or she was to receive
1781	1781	17 money or anything of value in return for
1782	1782	18 committing the murder or procured another to
1783	1783	19 commit the murder for money or anything of value;
1784	1784	20 (4) the murdered individual was killed in the
1785	1785	21 course of another felony if:
1786	1786	22 (A) the murdered individual:
1787	1787	23 (i) was actually killed by the
1788	1788	24 defendant, or
1789	1789	25 (ii) received physical injuries
1790	1790	26 personally inflicted by the defendant
1791	1791
1792	1792
1793	1793
1794	1794
1795	1795
1796	1796	SB1200 - 49 - LRB104 03905 RLC 13929 b
1797	1797
1798	1798
1799	1799	SB1200- 50 -LRB104 03905 RLC 13929 b SB1200 - 50 - LRB104 03905 RLC 13929 b
1800	1800	SB1200 - 50 - LRB104 03905 RLC 13929 b
1801	1801	1 substantially contemporaneously with
1802	1802	2 physical injuries caused by one or more
1803	1803	3 persons for whose conduct the defendant is
1804	1804	4 legally accountable under Section 5-2 of
1805	1805	5 this Code, and the physical injuries
1806	1806	6 inflicted by either the defendant or the
1807	1807	7 other person or persons for whose conduct
1808	1808	8 he is legally accountable caused the death
1809	1809	9 of the murdered individual; and (B) in
1810	1810	10 performing the acts which caused the death
1811	1811	11 of the murdered individual or which
1812	1812	12 resulted in physical injuries personally
1813	1813	13 inflicted by the defendant on the murdered
1814	1814	14 individual under the circumstances of
1815	1815	15 subdivision (ii) of clause (A) of this
1816	1816	16 clause (4), the defendant acted with the
1817	1817	17 intent to kill the murdered individual or
1818	1818	18 with the knowledge that his or her acts
1819	1819	19 created a strong probability of death or
1820	1820	20 great bodily harm to the murdered
1821	1821	21 individual or another; and
1822	1822	22 (B) in performing the acts which caused
1823	1823	23 the death of the murdered individual or which
1824	1824	24 resulted in physical injuries personally
1825	1825	25 inflicted by the defendant on the murdered
1826	1826	26 individual under the circumstances of
1827	1827
1828	1828
1829	1829
1830	1830
1831	1831
1832	1832	SB1200 - 50 - LRB104 03905 RLC 13929 b
1833	1833
1834	1834
1835	1835	SB1200- 51 -LRB104 03905 RLC 13929 b SB1200 - 51 - LRB104 03905 RLC 13929 b
1836	1836	SB1200 - 51 - LRB104 03905 RLC 13929 b
1837	1837	1 subdivision (ii) of clause (A) of this clause
1838	1838	2 (4), the defendant acted with the intent to
1839	1839	3 kill the murdered individual or with the
1840	1840	4 knowledge that his or her acts created a
1841	1841	5 strong probability of death or great bodily
1842	1842	6 harm to the murdered individual or another;
1843	1843	7 and
1844	1844	8 (C) the other felony was an inherently
1845	1845	9 violent crime or the attempt to commit an
1846	1846	10 inherently violent crime. In this clause (C),
1847	1847	11 "inherently violent crime" includes, but is
1848	1848	12 not limited to, armed robbery, robbery,
1849	1849	13 predatory criminal sexual assault of a child,
1850	1850	14 aggravated criminal sexual assault, aggravated
1851	1851	15 kidnapping, aggravated vehicular hijacking,
1852	1852	16 aggravated arson, aggravated stalking,
1853	1853	17 residential burglary, and home invasion;
1854	1854	18 (5) the defendant committed the murder with
1855	1855	19 intent to prevent the murdered individual from
1856	1856	20 testifying or participating in any criminal
1857	1857	21 investigation or prosecution or giving material
1858	1858	22 assistance to the State in any investigation or
1859	1859	23 prosecution, either against the defendant or
1860	1860	24 another; or the defendant committed the murder
1861	1861	25 because the murdered individual was a witness in
1862	1862	26 any prosecution or gave material assistance to the
1863	1863
1864	1864
1865	1865
1866	1866
1867	1867
1868	1868	SB1200 - 51 - LRB104 03905 RLC 13929 b
1869	1869
1870	1870
1871	1871	SB1200- 52 -LRB104 03905 RLC 13929 b SB1200 - 52 - LRB104 03905 RLC 13929 b
1872	1872	SB1200 - 52 - LRB104 03905 RLC 13929 b
1873	1873	1 State in any investigation or prosecution, either
1874	1874	2 against the defendant or another; for purposes of
1875	1875	3 this clause (5), "participating in any criminal
1876	1876	4 investigation or prosecution" is intended to
1877	1877	5 include those appearing in the proceedings in any
1878	1878	6 capacity such as trial judges, prosecutors,
1879	1879	7 defense attorneys, investigators, witnesses, or
1880	1880	8 jurors;
1881	1881	9 (6) the defendant, while committing an offense
1882	1882	10 punishable under Section 401, 401.1, 401.2, 405,
1883	1883	11 405.2, 407, or 407.1 or subsection (b) of Section
1884	1884	12 404 of the Illinois Controlled Substances Act, or
1885	1885	13 while engaged in a conspiracy or solicitation to
1886	1886	14 commit such offense, intentionally killed an
1887	1887	15 individual or counseled, commanded, induced,
1888	1888	16 procured, or caused the intentional killing of the
1889	1889	17 murdered individual;
1890	1890	18 (7) the defendant was incarcerated in an
1891	1891	19 institution or facility of the Department of
1892	1892	20 Corrections at the time of the murder, and while
1893	1893	21 committing an offense punishable as a felony under
1894	1894	22 Illinois law, or while engaged in a conspiracy or
1895	1895	23 solicitation to commit such offense, intentionally
1896	1896	24 killed an individual or counseled, commanded,
1897	1897	25 induced, procured, or caused the intentional
1898	1898	26 killing of the murdered individual;
1899	1899
1900	1900
1901	1901
1902	1902
1903	1903
1904	1904	SB1200 - 52 - LRB104 03905 RLC 13929 b
1905	1905
1906	1906
1907	1907	SB1200- 53 -LRB104 03905 RLC 13929 b SB1200 - 53 - LRB104 03905 RLC 13929 b
1908	1908	SB1200 - 53 - LRB104 03905 RLC 13929 b
1909	1909	1 (8) the murder was committed in a cold,
1910	1910	2 calculated and premeditated manner pursuant to a
1911	1911	3 preconceived plan, scheme, or design to take a
1912	1912	4 human life by unlawful means, and the conduct of
1913	1913	5 the defendant created a reasonable expectation
1914	1914	6 that the death of a human being would result
1915	1915	7 therefrom;
1916	1916	8 (9) the defendant was a principal
1917	1917	9 administrator, organizer, or leader of a
1918	1918	10 calculated criminal drug conspiracy consisting of
1919	1919	11 a hierarchical position of authority superior to
1920	1920	12 that of all other members of the conspiracy, and
1921	1921	13 the defendant counseled, commanded, induced,
1922	1922	14 procured, or caused the intentional killing of the
1923	1923	15 murdered person;
1924	1924	16 (10) the murder was intentional and involved
1925	1925	17 the infliction of torture. For the purpose of this
1926	1926	18 clause (10), torture means the infliction of or
1927	1927	19 subjection to extreme physical pain, motivated by
1928	1928	20 an intent to increase or prolong the pain,
1929	1929	21 suffering, or agony of the victim;
1930	1930	22 (11) the murder was committed as a result of
1931	1931	23 the intentional discharge of a firearm by the
1932	1932	24 defendant from a motor vehicle and the victim was
1933	1933	25 not present within the motor vehicle;
1934	1934	26 (12) the murdered individual was a person with
1935	1935
1936	1936
1937	1937
1938	1938
1939	1939
1940	1940	SB1200 - 53 - LRB104 03905 RLC 13929 b
1941	1941
1942	1942
1943	1943	SB1200- 54 -LRB104 03905 RLC 13929 b SB1200 - 54 - LRB104 03905 RLC 13929 b
1944	1944	SB1200 - 54 - LRB104 03905 RLC 13929 b
1945	1945	1 a disability and the defendant knew or should have
1946	1946	2 known that the murdered individual was a person
1947	1947	3 with a disability. For purposes of this clause
1948	1948	4 (12), "person with a disability" means a person
1949	1949	5 who suffers from a permanent physical or mental
1950	1950	6 impairment resulting from disease, an injury, a
1951	1951	7 functional disorder, or a congenital condition
1952	1952	8 that renders the person incapable of adequately
1953	1953	9 providing for his or her own health or personal
1954	1954	10 care;
1955	1955	11 (13) the murdered individual was subject to an
1956	1956	12 order of protection and the murder was committed
1957	1957	13 by a person against whom the same order of
1958	1958	14 protection was issued under the Illinois Domestic
1959	1959	15 Violence Act of 1986;
1960	1960	16 (14) the murdered individual was known by the
1961	1961	17 defendant to be a teacher or other person employed
1962	1962	18 in any school and the teacher or other employee is
1963	1963	19 upon the grounds of a school or grounds adjacent
1964	1964	20 to a school, or is in any part of a building used
1965	1965	21 for school purposes;
1966	1966	22 (15) the murder was committed by the defendant
1967	1967	23 in connection with or as a result of the offense of
1968	1968	24 terrorism as defined in Section 29D-14.9 of this
1969	1969	25 Code;
1970	1970	26 (16) the murdered individual was a member of a
1971	1971
1972	1972
1973	1973
1974	1974
1975	1975
1976	1976	SB1200 - 54 - LRB104 03905 RLC 13929 b
1977	1977
1978	1978
1979	1979	SB1200- 55 -LRB104 03905 RLC 13929 b SB1200 - 55 - LRB104 03905 RLC 13929 b
1980	1980	SB1200 - 55 - LRB104 03905 RLC 13929 b
1981	1981	1 congregation engaged in prayer or other religious
1982	1982	2 activities at a church, synagogue, mosque, or
1983	1983	3 other building, structure, or place used for
1984	1984	4 religious worship; or
1985	1985	5 (17)(i) the murdered individual was a
1986	1986	6 physician, physician assistant, psychologist,
1987	1987	7 nurse, or advanced practice registered nurse;
1988	1988	8 (ii) the defendant knew or should have known
1989	1989	9 that the murdered individual was a physician,
1990	1990	10 physician assistant, psychologist, nurse, or
1991	1991	11 advanced practice registered nurse; and
1992	1992	12 (iii) the murdered individual was killed in
1993	1993	13 the course of acting in his or her capacity as a
1994	1994	14 physician, physician assistant, psychologist,
1995	1995	15 nurse, or advanced practice registered nurse, or
1996	1996	16 to prevent him or her from acting in that
1997	1997	17 capacity, or in retaliation for his or her acting
1998	1998	18 in that capacity.
1999	1999	19 (c) if the court does not impose the death
2000	2000	20 penalty, the court shall sentence the defendant to a
2001	2001	21 term of natural life imprisonment if the defendant, at
2002	2002	22 the time of the commission of the murder, had attained
2003	2003	23 the age of 18, and:
2004	2004	24 (i) has previously been convicted of first
2005	2005	25 degree murder under any state or federal law, or
2006	2006	26 (ii) is found guilty of murdering more than
2007	2007
2008	2008
2009	2009
2010	2010
2011	2011
2012	2012	SB1200 - 55 - LRB104 03905 RLC 13929 b
2013	2013
2014	2014
2015	2015	SB1200- 56 -LRB104 03905 RLC 13929 b SB1200 - 56 - LRB104 03905 RLC 13929 b
2016	2016	SB1200 - 56 - LRB104 03905 RLC 13929 b
2017	2017	1 one victim, or
2018	2018	2 (iii) is found guilty of murdering a peace
2019	2019	3 officer, fireman, or emergency management worker
2020	2020	4 when the peace officer, fireman, or emergency
2021	2021	5 management worker was killed in the course of
2022	2022	6 performing his official duties, or to prevent the
2023	2023	7 peace officer or fireman from performing his
2024	2024	8 official duties, or in retaliation for the peace
2025	2025	9 officer, fireman, or emergency management worker
2026	2026	10 from performing his official duties, and the
2027	2027	11 defendant knew or should have known that the
2028	2028	12 murdered individual was a peace officer, fireman,
2029	2029	13 or emergency management worker, or
2030	2030	14 (iv) is found guilty of murdering an employee
2031	2031	15 of an institution or facility of the Department of
2032	2032	16 Corrections, or any similar local correctional
2033	2033	17 agency, when the employee was killed in the course
2034	2034	18 of performing his official duties, or to prevent
2035	2035	19 the employee from performing his official duties,
2036	2036	20 or in retaliation for the employee performing his
2037	2037	21 official duties, or
2038	2038	22 (v) is found guilty of murdering an emergency
2039	2039	23 medical technician - ambulance, emergency medical
2040	2040	24 technician - intermediate, emergency medical
2041	2041	25 technician - paramedic, ambulance driver, or other
2042	2042	26 medical assistance or first aid person while
2043	2043
2044	2044
2045	2045
2046	2046
2047	2047
2048	2048	SB1200 - 56 - LRB104 03905 RLC 13929 b
2049	2049
2050	2050
2051	2051	SB1200- 57 -LRB104 03905 RLC 13929 b SB1200 - 57 - LRB104 03905 RLC 13929 b
2052	2052	SB1200 - 57 - LRB104 03905 RLC 13929 b
2053	2053	1 employed by a municipality or other governmental
2054	2054	2 unit when the person was killed in the course of
2055	2055	3 performing official duties or to prevent the
2056	2056	4 person from performing official duties or in
2057	2057	5 retaliation for performing official duties and the
2058	2058	6 defendant knew or should have known that the
2059	2059	7 murdered individual was an emergency medical
2060	2060	8 technician - ambulance, emergency medical
2061	2061	9 technician - intermediate, emergency medical
2062	2062	10 technician - paramedic, ambulance driver, or other
2063	2063	11 medical assistant or first aid personnel, or
2064	2064	12 (vi) (blank), or
2065	2065	13 (vii) is found guilty of first degree murder
2066	2066	14 and the murder was committed by reason of any
2067	2067	15 person's activity as a community policing
2068	2068	16 volunteer or to prevent any person from engaging
2069	2069	17 in activity as a community policing volunteer. For
2070	2070	18 the purpose of this Section, "community policing
2071	2071	19 volunteer" has the meaning ascribed to it in
2072	2072	20 Section 2-3.5 of the Criminal Code of 2012.
2073	2073	21 For purposes of clause (v), "emergency medical
2074	2074	22 technician - ambulance", "emergency medical technician -
2075	2075	23 intermediate", and "emergency medical technician -
2076	2076	24 paramedic", have the meanings ascribed to them in the
2077	2077	25 Emergency Medical Services (EMS) Systems Act.
2078	2078	26 (d)(i) if the person committed the offense while
2079	2079
2080	2080
2081	2081
2082	2082
2083	2083
2084	2084	SB1200 - 57 - LRB104 03905 RLC 13929 b
2085	2085
2086	2086
2087	2087	SB1200- 58 -LRB104 03905 RLC 13929 b SB1200 - 58 - LRB104 03905 RLC 13929 b
2088	2088	SB1200 - 58 - LRB104 03905 RLC 13929 b
2089	2089	1 armed with a firearm, 15 years shall be added to
2090	2090	2 the term of imprisonment imposed by the court;
2091	2091	3 (ii) if, during the commission of the offense, the
2092	2092	4 person personally discharged a firearm, 20 years shall
2093	2093	5 be added to the term of imprisonment imposed by the
2094	2094	6 court;
2095	2095	7 (iii) if, during the commission of the offense,
2096	2096	8 the person personally discharged a firearm that
2097	2097	9 proximately caused great bodily harm, permanent
2098	2098	10 disability, permanent disfigurement, or death to
2099	2099	11 another person, 25 years or up to a term of natural
2100	2100	12 life shall be added to the term of imprisonment
2101	2101	13 imposed by the court.
2102	2102	14 (2) (blank);
2103	2103	15 (2.5) for a person who has attained the age of 18 years
2104	2104	16 at the time of the commission of the offense and who is
2105	2105	17 convicted under the circumstances described in subdivision
2106	2106	18 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
2107	2107	19 subsection (b) of Section 12-13, subdivision (d)(2) of
2108	2108	20 Section 11-1.30 or paragraph (2) of subsection (d) of
2109	2109	21 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
2110	2110	22 paragraph (1.2) of subsection (b) of Section 12-14.1,
2111	2111	23 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
2112	2112	24 subsection (b) of Section 12-14.1 of the Criminal Code of
2113	2113	25 1961 or the Criminal Code of 2012, the sentence shall be a
2114	2114	26 term of natural life imprisonment.
2115	2115
2116	2116
2117	2117
2118	2118
2119	2119
2120	2120	SB1200 - 58 - LRB104 03905 RLC 13929 b
2121	2121
2122	2122
2123	2123	SB1200- 59 -LRB104 03905 RLC 13929 b SB1200 - 59 - LRB104 03905 RLC 13929 b
2124	2124	SB1200 - 59 - LRB104 03905 RLC 13929 b
2125	2125	1 (b) (Blank).
2126	2126	2 (c) (Blank).
2127	2127	3 (d) Subject to earlier termination under Section 3-3-8,
2128	2128	4 the parole or mandatory supervised release term shall be
2129	2129	5 written as part of the sentencing order and shall be as
2130	2130	6 follows:
2131	2131	7 (1) for first degree murder or for the offenses of
2132	2132	8 predatory criminal sexual assault of a child, aggravated
2133	2133	9 criminal sexual assault, and criminal sexual assault if
2134	2134	10 committed on or before December 12, 2005, 3 years;
2135	2135	11 (1.5) except as provided in paragraph (7) of this
2136	2136	12 subsection (d), for a Class X felony except for the
2137	2137	13 offenses of predatory criminal sexual assault of a child,
2138	2138	14 aggravated criminal sexual assault, and criminal sexual
2139	2139	15 assault if committed on or after December 13, 2005 (the
2140	2140	16 effective date of Public Act 94-715) and except for the
2141	2141	17 offense of aggravated child pornography under Section
2142	2142	18 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
2143	2143	19 subsection (c-5) of Section 11-20.1 of the Criminal Code
2144	2144	20 of 1961 or the Criminal Code of 2012, if committed on or
2145	2145	21 after January 1, 2009, and except for the offense of
2146	2146	22 obscene depiction of a purported child with sentencing
2147	2147	23 under subsection (d) of Section 11-20.4 of the Criminal
2148	2148	24 Code of 2012, 18 months;
2149	2149	25 (2) except as provided in paragraph (7) of this
2150	2150	26 subsection (d), for a Class 1 felony or a Class 2 felony
2151	2151
2152	2152
2153	2153
2154	2154
2155	2155
2156	2156	SB1200 - 59 - LRB104 03905 RLC 13929 b
2157	2157
2158	2158
2159	2159	SB1200- 60 -LRB104 03905 RLC 13929 b SB1200 - 60 - LRB104 03905 RLC 13929 b
2160	2160	SB1200 - 60 - LRB104 03905 RLC 13929 b
2161	2161	1 except for the offense of criminal sexual assault if
2162	2162	2 committed on or after December 13, 2005 (the effective
2163	2163	3 date of Public Act 94-715) and except for the offenses of
2164	2164	4 manufacture and dissemination of child pornography under
2165	2165	5 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
2166	2166	6 Criminal Code of 1961 or the Criminal Code of 2012, if
2167	2167	7 committed on or after January 1, 2009, and except for the
2168	2168	8 offense of obscene depiction of a purported child under
2169	2169	9 paragraph (2) of subsection (b) of Section 11-20.4 of the
2170	2170	10 Criminal Code of 2012, 12 months;
2171	2171	11 (3) except as provided in paragraph (4), (6), or (7)
2172	2172	12 of this subsection (d), for a Class 3 felony or a Class 4
2173	2173	13 felony, 6 months; no later than 45 days after the onset of
2174	2174	14 the term of mandatory supervised release, the Prisoner
2175	2175	15 Review Board shall conduct a discretionary discharge
2176	2176	16 review pursuant to the provisions of Section 3-3-8, which
2177	2177	17 shall include the results of a standardized risk and needs
2178	2178	18 assessment tool administered by the Department of
2179	2179	19 Corrections; the changes to this paragraph (3) made by
2180	2180	20 Public Act 102-1104 this amendatory Act of the 102nd
2181	2181	21 General Assembly apply to all individuals released on
2182	2182	22 mandatory supervised release on or after December 6, 2022
2183	2183	23 (the effective date of Public Act 102-1104) this
2184	2184	24 amendatory Act of the 102nd General Assembly, including
2185	2185	25 those individuals whose sentences were imposed prior to
2186	2186	26 December 6, 2022 (the effective date of Public Act
2187	2187
2188	2188
2189	2189
2190	2190
2191	2191
2192	2192	SB1200 - 60 - LRB104 03905 RLC 13929 b
2193	2193
2194	2194
2195	2195	SB1200- 61 -LRB104 03905 RLC 13929 b SB1200 - 61 - LRB104 03905 RLC 13929 b
2196	2196	SB1200 - 61 - LRB104 03905 RLC 13929 b
2197	2197	1 102-1104) this amendatory Act of the 102nd General
2198	2198	2 Assembly;
2199	2199	3 (4) for defendants who commit the offense of predatory
2200	2200	4 criminal sexual assault of a child, aggravated criminal
2201	2201	5 sexual assault, or criminal sexual assault, on or after
2202	2202	6 December 13, 2005 (the effective date of Public Act
2203	2203	7 94-715), or who commit the offense of aggravated child
2204	2204	8 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
2205	2205	9 with sentencing under subsection (c-5) of Section 11-20.1
2206	2206	10 of the Criminal Code of 1961 or the Criminal Code of 2012,
2207	2207	11 manufacture of child pornography, or dissemination of
2208	2208	12 child pornography after January 1, 2009, or who commit the
2209	2209	13 offense of obscene depiction of a purported child under
2210	2210	14 paragraph (2) of subsection (b) of Section 11-20.4 of the
2211	2211	15 Criminal Code of 2012 or who commit the offense of obscene
2212	2212	16 depiction of a purported child with sentencing under
2213	2213	17 subsection (d) of Section 11-20.4 of the Criminal Code of
2214	2214	18 2012, the term of mandatory supervised release shall range
2215	2215	19 from a minimum of 3 years to a maximum of the natural life
2216	2216	20 of the defendant;
2217	2217	21 (5) if the victim is under 18 years of age, for a
2218	2218	22 second or subsequent offense of aggravated criminal sexual
2219	2219	23 abuse or felony criminal sexual abuse, 4 years, at least
2220	2220	24 the first 2 years of which the defendant shall serve in an
2221	2221	25 electronic monitoring or home detention program under
2222	2222	26 Article 8A of Chapter V of this Code;
2223	2223
2224	2224
2225	2225
2226	2226
2227	2227
2228	2228	SB1200 - 61 - LRB104 03905 RLC 13929 b
2229	2229
2230	2230
2231	2231	SB1200- 62 -LRB104 03905 RLC 13929 b SB1200 - 62 - LRB104 03905 RLC 13929 b
2232	2232	SB1200 - 62 - LRB104 03905 RLC 13929 b
2233	2233	1 (6) for a felony domestic battery, aggravated domestic
2234	2234	2 battery, stalking, aggravated stalking, and a felony
2235	2235	3 violation of an order of protection, 4 years;
2236	2236	4 (7) for any felony described in paragraph (a)(2)(ii),
2237	2237	5 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
2238	2238	6 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
2239	2239	7 3-6-3 of the Unified Code of Corrections requiring an
2240	2240	8 inmate to serve a minimum of 85% of their court-imposed
2241	2241	9 sentence, except for the offenses of predatory criminal
2242	2242	10 sexual assault of a child, aggravated criminal sexual
2243	2243	11 assault, and criminal sexual assault if committed on or
2244	2244	12 after December 13, 2005 (the effective date of Public Act
2245	2245	13 94-715) and except for the offense of aggravated child
2246	2246	14 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
2247	2247	15 with sentencing under subsection (c-5) of Section 11-20.1
2248	2248	16 of the Criminal Code of 1961 or the Criminal Code of 2012,
2249	2249	17 if committed on or after January 1, 2009, and except for
2250	2250	18 the offense of obscene depiction of a purported child with
2251	2251	19 sentencing under subsection (d) of Section 11-20.4 of the
2252	2252	20 Criminal Code of 2012, and except as provided in paragraph
2253	2253	21 (4) or paragraph (6) of this subsection (d), the term of
2254	2254	22 mandatory supervised release shall be as follows:
2255	2255	23 (A) Class X felony, 3 years;
2256	2256	24 (B) Class 1 or Class 2 felonies, 2 years;
2257	2257	25 (C) Class 3 or Class 4 felonies, 1 year.
2258	2258	26 (e) (Blank).
2259	2259
2260	2260
2261	2261
2262	2262
2263	2263
2264	2264	SB1200 - 62 - LRB104 03905 RLC 13929 b
2265	2265
2266	2266
2267	2267	SB1200- 63 -LRB104 03905 RLC 13929 b SB1200 - 63 - LRB104 03905 RLC 13929 b
2268	2268	SB1200 - 63 - LRB104 03905 RLC 13929 b
2269	2269	1 (f) (Blank).
2270	2270	2 (g) Notwithstanding any other provisions of this Act and
2271	2271	3 of Public Act 101-652: (i) the provisions of paragraph (3) of
2272	2272	4 subsection (d) are effective on July 1, 2022 and shall apply to
2273	2273	5 all individuals convicted on or after the effective date of
2274	2274	6 paragraph (3) of subsection (d); and (ii) the provisions of
2275	2275	7 paragraphs (1.5) and (2) of subsection (d) are effective on
2276	2276	8 July 1, 2021 and shall apply to all individuals convicted on or
2277	2277	9 after the effective date of paragraphs (1.5) and (2) of
2278	2278	10 subsection (d).
2279	2279	11 (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
2280	2280	12 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
2281	2281	13 1-1-24; 103-825, eff. 1-1-25; revised 10-24-24.)
2282	2282
2283	2283
2284	2284
2285	2285
2286	2286
2287	2287	SB1200 - 63 - LRB104 03905 RLC 13929 b