093_HB0579enr

 
HB0579 Enrolled                      LRB093 05577 MBS 05669 b

 1        AN ACT concerning the death penalty.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Capital Crimes Litigation Act is  amended
 5    by changing Section 15 as follows:

 6        (725 ILCS 124/15)
 7        (Section scheduled to be repealed on July 1, 2004)
 8        Sec. 15.  Capital Litigation Trust Fund.
 9        (a)  The  Capital  Litigation  Trust Fund is created as a
10    special fund in the State Treasury.  The Trust Fund shall  be
11    administered by the State Treasurer to provide moneys for the
12    appropriations   to  be  made,  grants  to  be  awarded,  and
13    compensation and expenses to be paid under  this  Act.    All
14    interest  earned  from  the  investment  or deposit of moneys
15    accumulated in the Trust Fund shall, under Section 4.1 of the
16    State Finance Act,  be deposited into the Trust Fund.
17        (b)  Moneys deposited into the Trust Fund  shall  not  be
18    considered general revenue of the State of Illinois.
19        (c)  Moneys  deposited  into the Trust Fund shall be used
20    exclusively for the purposes of  providing  funding  for  the
21    prosecution  and defense of capital cases as provided in this
22    Act and shall not be appropriated, loaned, or in  any  manner
23    transferred  to  the  General  Revenue  Fund  of the State of
24    Illinois.
25        (d)  Every fiscal year the State Treasurer shall transfer
26    from the General Revenue Fund to the Capital Litigation Trust
27    Fund  an  amount  equal  to  the  full   amount   of   moneys
28    appropriated  by  the  General Assembly (both by original and
29    supplemental appropriation), less any unexpended balance from
30    the previous fiscal year, from the Capital  Litigation  Trust
31    Fund for the specific purpose of making funding available for
 
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 1    the  prosecution  and  defense  of capital cases.  The Public
 2    Defender and State's  Attorney  in  Cook  County,  the  State
 3    Appellate   Defender,   the   State's   Attorneys   Appellate
 4    Prosecutor,  and  the  Attorney  General  shall  make  annual
 5    requests for appropriations from the Trust Fund.
 6             (1)  The   Public  Defender  in  Cook  County  shall
 7        request  appropriations  to  the  State   Treasurer   for
 8        expenses  incurred by the Public Defender and for funding
 9        for private appointed defense counsel in Cook  County.
10             (2)  The  State's  Attorney  in  Cook  County  shall
11        request an  appropriation  to  the  State  Treasurer  for
12        expenses incurred by the State's Attorney.
13             (3)  The  State  Appellate  Defender shall request a
14        direct appropriation from the  Trust  Fund  for  expenses
15        incurred  by  the  State  Appellate Defender in providing
16        assistance  to  trial  attorneys  under  item  (c)(5)  of
17        Section 10 of the State Appellate  Defender  Act  and  an
18        appropriation  to  the  State Treasurer for payments from
19        the Trust Fund for the defense of cases in counties other
20        than Cook County.
21             (4)  The  State's  Attorneys  Appellate   Prosecutor
22        shall  request a direct appropriation from the Trust Fund
23        to  pay  expenses  incurred  by  the  State's   Attorneys
24        Appellate  Prosecutor  and  an appropriation to the State
25        Treasurer for payments from the Trust Fund  for  expenses
26        incurred by State's Attorneys in counties other than Cook
27        County.
28             (5)  The  Attorney  General  shall  request a direct
29        appropriation  from  the  Trust  Fund  to  pay   expenses
30        incurred by the Attorney General in assisting the State's
31        Attorneys  in  counties other than Cook County and to pay
32        for expenses incurred by the Attorney  General  when  the
33        Attorney General is ordered by the presiding judge of the
34        Criminal  Division of the Circuit Court of Cook County to
 
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 1        prosecute or supervise the  prosecution  of  Cook  County
 2        cases.
 3        The  Public Defender and State's Attorney in Cook County,
 4    the State Appellate Defender, the State's Attorneys Appellate
 5    Prosecutor,  and  the  Attorney  General  may  each   request
 6    supplemental  appropriations  from  the Trust Fund during the
 7    fiscal year.
 8        (e)  Moneys in the Trust Fund shall be expended  only  as
 9    follows:
10             (1)  To   pay   the   State   Treasurer's  costs  to
11        administer the Trust Fund.  The amount for  this  purpose
12        may  not  exceed  5% in any one fiscal year of the amount
13        otherwise appropriated from the Trust Fund  in  the  same
14        fiscal year.
15             (2)  To pay the capital litigation expenses of trial
16        defense  including, but not limited to, investigatory and
17        other assistance, expert, forensic, and other  witnesses,
18        and  mitigation  specialists, and grants and aid provided
19        to public defenders or assistance to attorneys  who  have
20        been  appointed  by the court to represent defendants who
21        are charged with capital crimes.
22             (3)  To pay the  compensation  of  trial  attorneys,
23        other  than  public defenders, who have been appointed by
24        the court to represent defendants who  are  charged  with
25        capital crimes.
26             (4)  To  provide  State's Attorneys with funding for
27        capital litigation expenses including,  but  not  limited
28        to,   investigatory  and  other  assistance  and  expert,
29        forensic, and other  witnesses  necessary  to   prosecute
30        capital  cases.    State's  Attorneys in any county other
31        than Cook County seeking funding for  capital  litigation
32        expenses including, but not limited to, investigatory and
33        other assistance and expert, forensic, or other witnesses
34        under this Section may request that the State's Attorneys
 
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 1        Appellate Prosecutor or the Attorney General, as the case
 2        may  be,  certify  the expenses as reasonable, necessary,
 3        and appropriate for payment from the  Trust  Fund,  on  a
 4        form  created by the State Treasurer.  Upon certification
 5        of the expenses and delivery of the certification to  the
 6        State  Treasurer,  the  Treasurer  shall pay the expenses
 7        directly from the Capital Litigation Trust Fund if  there
 8        are  sufficient  moneys  in  the  Trust  Fund  to pay the
 9        expenses.
10             (5)  To  provide  financial  support   through   the
11        Attorney General pursuant to the Attorney General Act for
12        the  several  county  State's  Attorneys  outside of Cook
13        County, but shall not be used to increase  personnel  for
14        the  Attorney  General's Office, except when the Attorney
15        General is ordered by the presiding judge of the Criminal
16        Division of the Circuit Court of Cook County to prosecute
17        or supervise the prosecution of Cook County cases.
18             (6)  To  provide  financial  support   through   the
19        State's  Attorneys  Appellate  Prosecutor pursuant to the
20        State's Attorneys  Appellate  Prosecutor's  Act  for  the
21        several  county State's Attorneys outside of Cook County,
22        but shall not be  used  to  increase  personnel  for  the
23        State's Attorneys Appellate Prosecutor.
24             (7)  To  provide  financial  support  to  the  State
25        Appellate   Defender  pursuant  to  the  State  Appellate
26        Defender Act.
27        Moneys expended from the Trust Fund shall be in  addition
28    to county funding for Public Defenders and State's Attorneys,
29    and  shall  not  be  used  to supplant or reduce ordinary and
30    customary county funding.
31        (f)  Moneys in the Trust Fund shall  be  appropriated  to
32    the State Appellate Defender, the State's Attorneys Appellate
33    Prosecutor,  the  Attorney  General, and the State Treasurer.
34    The State Appellate Defender shall receive  an  appropriation
 
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 1    from  the  Trust  Fund  to enable it to provide assistance to
 2    appointed defense counsel throughout the State and to  Public
 3    Defenders  in counties other than Cook. The State's Attorneys
 4    Appellate Prosecutor and the Attorney General  shall  receive
 5    appropriations  from the Trust Fund to enable them to provide
 6    assistance to State's Attorneys in counties other  than  Cook
 7    County  and  when  the  Attorney  General  is  ordered by the
 8    presiding judge of the Criminal Division of the Circuit Court
 9    of Cook County to prosecute or supervise the  prosecution  of
10    Cook  County cases. Moneys shall be appropriated to the State
11    Treasurer to enable the Treasurer (i) to make grants to  Cook
12    County,  (ii)  to  pay  the  expenses of Public Defenders and
13    State's Attorneys in counties other than Cook  County,  (iii)
14    to  pay  the  expenses  and compensation of appointed defense
15    counsel in counties other than Cook County, and (iv)  to  pay
16    the  costs of administering the Trust Fund.  All expenditures
17    and grants made from the Trust Fund shall be subject to audit
18    by the Auditor General.
19        (g)  For Cook County, grants from the Trust Fund shall be
20    made and administered as follows:
21             (1)  For  each  State  fiscal  year,   the   State's
22        Attorney  and  Public  Defender must each make a separate
23        application to the State Treasurer for capital litigation
24        grants.
25             (2)  The State Treasurer shall establish  rules  and
26        procedures  for  grant  applications.   The  rules  shall
27        require  the Cook County Treasurer as the grant recipient
28        to report on a periodic basis to the State Treasurer  how
29        much  of  the  grant  has  been expended, how much of the
30        grant is remaining, and the purposes for which the  grant
31        has  been  used.   The  rules  may  also require the Cook
32        County Treasurer to certify  on  a  periodic  basis  that
33        expenditures  of  the  funds  have been made for expenses
34        that  are  reasonable,  necessary,  and  appropriate  for
 
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 1        payment from the Trust Fund.
 2             (3)  The State Treasurer shall make  the  grants  to
 3        the  Cook  County Treasurer as soon as possible after the
 4        beginning of the State fiscal year.
 5             (4)  The State's Attorney  or  Public  Defender  may
 6        apply for supplemental grants during the fiscal year.
 7             (5)  Grant  moneys  shall be paid to the Cook County
 8        Treasurer in block grants and held in  separate  accounts
 9        for  the State's Attorney, the Public Defender, and court
10        appointed defense counsel  other  than  the  Cook  County
11        Public  Defender, respectively, for the designated fiscal
12        year, and are not subject to county appropriation.
13             (6)  Expenditure  of   grant   moneys   under   this
14        subsection  (g)  is  subject  to  audit  by  the  Auditor
15        General.
16             (7)  The  Cook  County  Treasurer  shall immediately
17        make payment from the appropriate separate account in the
18        county treasury for capital litigation  expenses  to  the
19        State's  Attorney,  Public  Defender,  or court appointed
20        defense counsel other than the Public  Defender,  as  the
21        case  may  be, upon order of the State's Attorney, Public
22        Defender or the court, respectively.
23        (h)  If a defendant in a capital case in Cook  County  is
24    represented  by  court  appointed counsel other than the Cook
25    County Public Defender, the appointed counsel shall  petition
26    the court for an order directing the Cook County Treasurer to
27    pay  the  court  appointed counsel's reasonable and necessary
28    compensation  and  capital  litigation  expenses  from  grant
29    moneys provided from the Trust Fund. These petitions shall be
30    considered  in  camera.    Orders   denying   petitions   for
31    compensation  or expenses are final. Counsel may not petition
32    for expenses that may have been provided  or  compensated  by
33    the  State Appellate Defender under item (c)(5) of Section 10
34    of the State Appellate Defender Act.
 
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 1        (i)  In counties other than Cook  County,  and  when  the
 2    Attorney  General  is  ordered  by the presiding judge of the
 3    Criminal Division of the Circuit  Court  of  Cook  County  to
 4    prosecute  or supervise the prosecution of Cook County cases,
 5    and excluding capital litigation expenses  or  services  that
 6    may  have been provided by the State Appellate Defender under
 7    item (c)(5) of Section 10 of  the  State  Appellate  Defender
 8    Act:
 9             (1)  Upon  certification  by the circuit court, on a
10        form created by  the  State  Treasurer,  that  all  or  a
11        portion  of  the  expenses are reasonable, necessary, and
12        appropriate for payment  from  the  Trust  Fund  and  the
13        court's  delivery  of the certification to the Treasurer,
14        the Treasurer shall pay the certified expenses of  Public
15        Defenders  from  the  money appropriated to the Treasurer
16        for capital litigation expenses of  Public  Defenders  in
17        any   county   other  than  Cook  County,  if  there  are
18        sufficient moneys in the Trust Fund to pay the expenses.
19             (2)  If a defendant in a capital case is represented
20        by  court  appointed  counsel  other  than   the   Public
21        Defender,  the appointed counsel shall petition the court
22        to certify compensation and capital  litigation  expenses
23        including,  but  not  limited to, investigatory and other
24        assistance, expert, forensic, and  other  witnesses,  and
25        mitigation  specialists  as  reasonable,  necessary,  and
26        appropriate  for  payment  from  the  Trust  Fund.   Upon
27        certification on a form created by the State Treasurer of
28        all  or  a  portion  of  the  compensation  and  expenses
29        certified  as  reasonable, necessary, and appropriate for
30        payment from the Trust Fund and the court's  delivery  of
31        the  certification  to the Treasurer, the State Treasurer
32        shall pay the certified compensation  and  expenses  from
33        the money appropriated to the Treasurer for that purpose,
34        if  there are sufficient moneys in the Trust Fund to make
 
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 1        those payments.
 2             (3)  A  petition  for  capital  litigation  expenses
 3        under this subsection  shall  be  considered  in  camera.
 4        Orders denying petitions for compensation or expenses are
 5        final.
 6        (j)  If the Trust Fund is discontinued or dissolved by an
 7    Act  of  the  General  Assembly  or  by operation of law, any
 8    balance remaining in the Trust Fund shall be returned to  the
 9    General Revenue Fund after deduction of administrative costs,
10    any   other   provision   of   this   Act   to  the  contrary
11    notwithstanding.
12    (Source: P.A. 91-589, eff. 1-1-00.)