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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0328
Introduced 2/7/2007, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: |
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Amends various Acts to abolish the death penalty. Provides that on or after
the effective date of this amendatory Act no person may be executed. Requires
resentencing of those already sentenced to death.
Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB0328 |
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LRB095 08854 RLC 29040 b |
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| AN ACT to abolish the death penalty.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 3. The Department of State Police Law of the
Civil |
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| Administrative Code of Illinois is amended by changing Section |
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| 2605-40 as
follows:
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| (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
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| Sec. 2605-40. Division of Forensic Services. The Division |
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| of
Forensic Services shall exercise the following functions:
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| (1) Exercise the rights, powers, and duties vested by
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| law in the Department by the Criminal Identification Act.
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| (2) Exercise the rights, powers, and duties vested by
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| law in the Department by Section 2605-300 of this Law.
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| (3) Provide assistance to local law enforcement |
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| agencies
through training, management, and consultant |
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| services.
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| (4) (Blank).
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| (5) Exercise other duties that may be assigned by the |
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| Director in
order to fulfill the responsibilities and |
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| achieve the purposes of the
Department.
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| (6) Establish and operate a forensic science |
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| laboratory system,
including a forensic toxicological |
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| laboratory service, for the purpose of
testing specimens |
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SB0328 |
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LRB095 08854 RLC 29040 b |
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| submitted by coroners and other law enforcement officers
in |
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| their efforts to determine whether alcohol, drugs, or |
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| poisonous or other
toxic substances have been involved in |
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| deaths, accidents, or illness.
Forensic toxicological |
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| laboratories shall be established in Springfield,
Chicago, |
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| and elsewhere in the State as needed.
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| (7) (Blank).
Subject to specific appropriations made |
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| for these
purposes,
establish
and coordinate a system for |
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| providing accurate and expedited
forensic science and |
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| other investigative and laboratory services to local law
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| enforcement agencies and local State's Attorneys in aid of |
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| the investigation
and trial of capital cases.
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| (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-589, |
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| eff. 1-1-00;
91-760, eff. 1-1-01.)
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| Section 5. The Criminal Identification Act is amended by |
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| changing Section
2.1 as follows:
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| (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
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| Sec. 2.1. For the purpose of maintaining complete and |
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| accurate
criminal records of the Department of State Police, it |
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| is necessary for all
policing bodies of this State, the clerk |
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| of the circuit court, the Illinois
Department of Corrections, |
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| the sheriff of each county, and State's Attorney
of each county |
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| to submit certain criminal arrest, charge, and disposition
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| information to the Department for filing at the earliest time |
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LRB095 08854 RLC 29040 b |
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| possible.
Unless otherwise noted herein, it shall be the duty |
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| of all policing bodies
of this State, the clerk of the circuit |
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| court, the Illinois Department of
Corrections, the sheriff of |
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| each county, and the State's Attorney of each
county to report |
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| such information as provided in this Section, both in the
form |
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| and manner required by the Department and within 30 days of the
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| criminal history event. Specifically:
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| (a) Arrest Information. All agencies making arrests for |
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| offenses which
are required by statute to be collected, |
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| maintained or disseminated by the
Department of State Police |
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| shall be responsible
for furnishing daily to the Department |
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| fingerprints, charges and
descriptions of all persons who are |
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| arrested for such offenses. All such
agencies shall also notify |
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| the Department of all decisions by the arresting
agency not to |
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| refer
such arrests for prosecution. With approval of the |
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| Department, an agency
making such arrests may enter into
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| arrangements with other agencies for the purpose of furnishing |
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| daily such
fingerprints, charges and descriptions to the |
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| Department upon its behalf.
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| (b) Charge Information. The State's Attorney of each county |
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| shall notify
the Department of all charges filed and all |
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| petitions filed alleging that a
minor is delinquent, including |
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| all those added subsequent
to the filing of a case, and whether |
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| charges were not filed
in cases for which the Department has |
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| received information
required to be reported pursuant to |
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| paragraph (a) of this Section.
With approval of the Department, |
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LRB095 08854 RLC 29040 b |
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| the State's Attorney may enter into
arrangements with other |
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| agencies for the
purpose of furnishing the information required |
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| by this subsection (b) to the
Department upon the State's |
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| Attorney's behalf.
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| (c) Disposition Information. The clerk of the circuit court |
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| of each county
shall furnish the Department, in the form and |
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| manner required by the Supreme
Court, with all final |
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| dispositions of cases for which the Department
has received |
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| information required to be reported pursuant to paragraph (a)
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| or (d) of this Section. Such information shall include, for |
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| each charge,
all (1) judgments of not guilty, judgments of |
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| guilty including the sentence
pronounced by the court,
findings |
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| that a minor is delinquent
and any sentence made based on those |
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| findings,
discharges and dismissals in the court; (2)
reviewing |
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| court orders filed with the clerk of the circuit court which
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| reverse or remand a reported conviction
or findings that a |
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| minor is delinquent
or that vacate or modify a sentence
or |
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| sentence made following a trial that a minor is
delinquent;
(3)
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| continuances to a date certain in furtherance of an order of |
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| supervision
granted under Section 5-6-1 of the Unified Code of |
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| Corrections or an order
of probation granted under Section 10 |
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| of the Cannabis Control Act, Section
410 of the Illinois |
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| Controlled Substances Act, Section 70 of the Methamphetamine |
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| Control and Community Protection Act, Section 12-4.3 of the
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| Criminal Code of 1961, Section 10-102 of the Illinois |
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| Alcoholism and
Other Drug Dependency Act, Section 40-10 of the |
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LRB095 08854 RLC 29040 b |
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| Alcoholism and Other Drug
Abuse and Dependency Act, Section 10 |
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| of the Steroid Control Act, or
Section 5-615 of the Juvenile |
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| Court Act of 1987; and
(4) judgments or court orders |
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| terminating or revoking a sentence
to or juvenile disposition |
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| of probation, supervision or conditional
discharge and any |
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| resentencing
or new court orders entered by a juvenile court |
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| relating to the disposition
of a minor's case involving |
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| delinquency
after such revocation.
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| (d) Fingerprints After Sentencing.
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| (1) After the court pronounces sentence,
sentences a |
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| minor following a trial in which a minor was found to be
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| delinquent
or issues an order of supervision or an order of |
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| probation granted under
Section 10 of the Cannabis Control |
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| Act, Section 410 of the Illinois
Controlled Substances Act, |
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| Section 70 of the Methamphetamine Control and Community |
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| Protection Act, Section 12-4.3 of the Criminal Code of
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| 1961, Section 10-102 of the Illinois Alcoholism and Other |
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| Drug Dependency
Act, Section 40-10 of the Alcoholism and |
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| Other Drug Abuse and Dependency
Act, Section 10 of the |
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| Steroid Control Act, or Section
5-615 of
the Juvenile Court |
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| Act of 1987 for any offense which
is required by statute to |
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| be collected,
maintained, or disseminated by the |
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| Department of State Police, the State's
Attorney of each |
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| county shall ask the court to order a law enforcement
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| agency to fingerprint immediately all persons appearing |
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| before the court
who have not previously been fingerprinted |
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LRB095 08854 RLC 29040 b |
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| for the same case. The court
shall so order the requested |
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| fingerprinting, if it determines that any such
person has |
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| not previously been fingerprinted for the same case. The |
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| law
enforcement agency shall submit such fingerprints to |
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| the Department daily.
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| (2) After the court pronounces sentence or makes a |
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| disposition of a case
following a finding of delinquency |
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| for any offense which is not
required by statute to be |
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| collected, maintained, or disseminated by the
Department |
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| of State Police, the prosecuting attorney may ask the court |
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| to
order a law enforcement agency to fingerprint |
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| immediately all persons
appearing before the court who have |
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| not previously been fingerprinted for
the same case. The |
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| court may so order the requested fingerprinting, if it
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| determines that any so sentenced person has not previously |
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| been
fingerprinted for the same case. The law enforcement |
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| agency may retain
such fingerprints in its files.
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| (e) Corrections Information. The Illinois Department of |
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| Corrections and
the sheriff of each county shall furnish the |
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| Department with all information
concerning the receipt, |
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| escape, execution before the effective date of this
amendatory |
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| Act of the 95th General Assembly, death, release, pardon, |
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| parole,
commutation of sentence, granting of executive |
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| clemency or discharge of
an individual who has been sentenced |
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| or committed to the agency's custody
for any offenses
which are |
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| mandated by statute to be collected, maintained or disseminated
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LRB095 08854 RLC 29040 b |
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| by the Department of State Police. For an individual who has |
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| been charged
with any such offense and who escapes from custody |
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| or dies while in
custody, all information concerning the |
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| receipt and escape or death,
whichever is appropriate, shall |
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| also be so furnished to the Department.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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| (30 ILCS 105/5.518 rep.)
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| Section 10. The State Finance Act is amended by repealing |
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| Section 5.518
on July 1, 2007.
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| Section 15. The Counties Code is amended by changing |
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| Sections 3-4011 and 3-9005 as follows:
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| (55 ILCS 5/3-4011) (from Ch. 34, par. 3-4011)
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| Sec. 3-4011. Expenses and legal services for indigent |
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| defendants
in felony cases. It shall be the duty of the county |
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| board in counties
containing fewer than 500,000 inhabitants to |
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| appropriate a sufficient sum
for the purpose of paying for the |
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| legal services necessarily rendered for
the defense of indigent |
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| persons in felony cases, and for costs, expenses
and legal |
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| services necessary in the prosecution of an appeal when the
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| sentence is death and the sentence was imposed before the |
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| effective date of
this amendatory Act of the 95th General |
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| Assembly, which is to be paid upon
the orders of a court of
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| competent jurisdiction. It shall likewise be the duty of the |
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LRB095 08854 RLC 29040 b |
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| county board
in counties containing fewer than 500,000 |
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| inhabitants to appropriate a
sufficient sum for the payment of |
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| out of pocket expenses necessarily
incurred by appointed |
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| counsel in the prosecution of an appeal on behalf of
an |
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| indigent incarcerated defendant in felony cases. In such cases |
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| payment
shall be made upon the order of the reviewing court.
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| (Source: P.A. 86-962.)
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| (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
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| Sec. 3-9005. Powers and duties of State's attorney.
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| (a) The duty of each State's attorney shall be:
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| (1) To commence and prosecute all actions, suits, |
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| indictments and
prosecutions, civil and criminal, in the |
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| circuit court for his county,
in which the people of the |
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| State or county may be concerned.
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| (2) To prosecute all forfeited bonds and |
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| recognizances, and all
actions and proceedings for the |
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| recovery of debts, revenues, moneys,
fines, penalties and |
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| forfeitures accruing to the State or his county, or
to any |
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| school district or road district in his county; also, to
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| prosecute all suits in his county against railroad or |
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| transportation
companies, which may be prosecuted in the |
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| name of the People of the
State of Illinois.
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| (3) To commence and prosecute all actions and |
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| proceedings brought by
any county officer in his official |
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| capacity.
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LRB095 08854 RLC 29040 b |
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| (4) To defend all actions and proceedings brought |
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| against his
county, or against any county or State officer, |
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| in his official
capacity, within his county.
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| (5) To attend the examination of all persons brought |
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| before any judge
on habeas corpus, when the prosecution is |
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| in his county.
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| (6) To attend before judges and prosecute charges of |
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| felony or
misdemeanor, for which the offender is required |
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| to be recognized to appear
before the circuit court, when |
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| in his power so to do.
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| (7) To give his opinion, without fee or reward, to any |
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| county officer
in his county, upon any question or law |
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| relating to any criminal or other
matter, in which the |
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| people or the county may be concerned.
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| (8) To assist the attorney general whenever it may be |
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| necessary, and in
cases of appeal from his county to the |
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| Supreme Court, to which it is the
duty of the attorney |
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| general to attend, he shall furnish the attorney general
at |
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| least 10 days before such is due to be filed, a manuscript |
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| of a proposed
statement, brief and argument to be printed |
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| and filed on behalf of the people,
prepared in accordance |
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| with the rules of the Supreme Court. However, if
such |
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| brief, argument or other document is due to be filed by law |
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| or order
of court within this 10 day period, then the |
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| State's attorney shall furnish
such as soon as may be |
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| reasonable.
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LRB095 08854 RLC 29040 b |
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| (9) To pay all moneys received by him in trust, without |
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| delay, to the
officer who by law is entitled to the custody |
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| thereof.
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| (10) To notify, by first class mail, complaining |
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| witnesses of the ultimate
disposition of the cases arising |
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| from an indictment or an information.
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| (11) To perform such other and further duties as may, |
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| from time to time,
be enjoined on him by law.
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| (12) To appear in all proceedings by collectors of |
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| taxes against
delinquent taxpayers for judgments to sell |
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| real estate, and see that all the
necessary preliminary |
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| steps have been legally taken to make the judgment legal
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| and binding.
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| (b) The State's Attorney of each county shall have |
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| authority to
appoint one or more special investigators to serve |
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| subpoenas, make return
of process and conduct investigations |
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| which assist the State's Attorney in
the performance of his |
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| duties. A special investigator shall not carry
firearms except |
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| with permission of the State's Attorney and only while
carrying |
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| appropriate identification indicating his employment and in |
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| the
performance of his assigned duties.
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| Subject to the qualifications set forth in this subsection, |
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| special
investigators shall be peace officers and shall have |
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| all the powers possessed
by investigators under the State's |
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| Attorneys Appellate Prosecutor's Act.
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| No special investigator employed by the State's Attorney |
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LRB095 08854 RLC 29040 b |
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| shall have peace
officer status or exercise police powers |
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| unless he or she successfully
completes the basic police |
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| training course mandated and approved by the
Illinois Law |
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| Enforcement Training Standards Board or such
board waives the |
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| training requirement by reason of the special
investigator's |
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| prior law enforcement experience or training or both. Any
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| State's Attorney appointing a special investigator shall |
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| consult with all
affected local police agencies, to the extent |
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| consistent with the public
interest, if the special |
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| investigator is assigned to areas within that
agency's |
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| jurisdiction.
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| Before a person is appointed as a special investigator, his
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| fingerprints shall be taken and transmitted to the Department |
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| of State
Police. The Department shall examine its records and |
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| submit to the State's
Attorney of the county in which the |
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| investigator seeks appointment any
conviction information |
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| concerning the person on file with the Department.
No person |
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| shall be appointed as a special investigator if he has been
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| convicted of a felony or other offense involving moral |
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| turpitude. A
special investigator shall be paid a salary and be |
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| reimbursed for actual
expenses incurred in performing his |
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| assigned duties. The county board
shall approve the salary and |
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| actual expenses and appropriate the salary
and expenses in the |
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| manner prescribed by law or ordinance.
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| (c) The State's
Attorney may request and receive from |
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| employers, labor unions, telephone
companies, and utility |
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| companies
location information concerning putative fathers and |
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| noncustodial parents for
the purpose of establishing a child's |
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| paternity or establishing, enforcing, or
modifying a child |
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| support obligation. In this subsection, "location
information"
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| means information about (i) the physical whereabouts of a |
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| putative father or
noncustodial parent, (ii) the putative |
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| father or noncustodial parent's
employer, or
(iii) the salary, |
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| wages, and other
compensation paid and the health insurance |
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| coverage provided to the putative
father or noncustodial parent |
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| by the employer of the putative father or
noncustodial parent
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| or by a labor union of which the putative father or |
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| noncustodial parent is a
member.
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| (d) (Blank)
For each State fiscal year, the
State's |
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| Attorney of Cook County shall appear before the General |
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| Assembly and
request appropriations to be made from the Capital |
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| Litigation Trust Fund to the
State Treasurer for the purpose of |
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| providing assistance in the prosecution of
capital cases in |
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| Cook County and for the purpose of providing assistance to the |
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| State in post-conviction proceedings in capital cases under |
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| Article 122 of the Code of Criminal Procedure of 1963 and in |
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| relation to petitions filed under Section 2-1401 of the Code of |
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| Civil Procedure in relation to capital cases. The State's |
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| Attorney may appear before the
General Assembly at other times |
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| during the State's fiscal year to request
supplemental |
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| appropriations from the Trust Fund to the State Treasurer.
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| (e) The State's Attorney shall have the authority to enter |
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LRB095 08854 RLC 29040 b |
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| into a written
agreement with the Department of Revenue for |
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| pursuit of civil
liability under Section 17-1a of the Criminal |
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| Code of 1961 against persons who
have issued to the Department |
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| checks or other orders in violation of the
provisions of |
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| paragraph (d) of subsection (B) of Section 17-1 of the Criminal
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| Code of 1961, with the Department to retain the amount owing |
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| upon the
dishonored check or order along with the dishonored |
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| check fee imposed under the
Uniform Penalty and Interest Act, |
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| with the balance of damages, fees, and costs
collected under |
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| Section 17-1a of the Criminal Code of 1961 to be retained by
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| the State's Attorney. The agreement shall not affect the |
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| allocation of fines
and costs imposed in any criminal |
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| prosecution.
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| (Source: P.A. 92-492, eff. 1-1-02; 93-972, eff. 8-20-04.)
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| (55 ILCS 5/3-4006.1 rep.)
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| Section 20. The Counties Code is amended by repealing |
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| Section 3-4006.1.
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| Section 25. The School Code is amended by changing Section |
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| 21-23b as
follows:
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| (105 ILCS 5/21-23b) (from Ch. 122, par. 21-23b)
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| Sec. 21-23b. Conviction of felony.
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| (a) Whenever the holder of any certificate issued under |
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| this Article is
employed by the school board of any school |
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LRB095 08854 RLC 29040 b |
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| district, including a special
charter district or school |
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| district organized under Article 34, and is
convicted, either |
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| after a bench trial, trial by jury, or plea of guilty, of
any |
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| offense for which a sentence to death or a term of imprisonment |
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| in a
penitentiary for one year or more is provided, the school |
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| board shall
promptly notify the State Board of Education in |
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| writing of the name of the
certificate holder, the fact of the |
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| conviction, and the name and location
of the court in which the |
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| conviction occurred.
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| (b) Whenever the State Board of Education receives notice |
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| of a
conviction under subsection (a) or otherwise learns that |
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| any person who is
a "teacher" as that term is defined in |
| 13 |
| Section 16-106 of the Illinois
Pension Code has been convicted, |
| 14 |
| either after a bench trial, trial by jury,
or plea of guilty, |
| 15 |
| of any offense for which a sentence to death or a term
of |
| 16 |
| imprisonment in a penitentiary for one year or more is |
| 17 |
| provided, the
State Board of Education shall promptly notify in |
| 18 |
| writing the board of
trustees of the Teachers' Retirement |
| 19 |
| System of the State of Illinois and
the board of trustees of |
| 20 |
| the Public School Teachers' Pension and Retirement
Fund of the |
| 21 |
| City of Chicago of the name of the certificate holder or
|
| 22 |
| teacher, the fact of the conviction, the name and location of |
| 23 |
| the court in
which the conviction occurred, and the number |
| 24 |
| assigned in that court to the
case in which the conviction |
| 25 |
| occurred.
|
| 26 |
| (Source: P.A. 87-1001.)
|
|
|
|
SB0328 |
- 15 - |
LRB095 08854 RLC 29040 b |
|
|
| 1 |
| Section 30. The Illinois Public Aid Code is amended by |
| 2 |
| changing Section 1-8
as follows:
|
| 3 |
| (305 ILCS 5/1-8)
|
| 4 |
| Sec. 1-8. Fugitives ineligible.
|
| 5 |
| (a) The following persons are not eligible for aid under |
| 6 |
| this Code, or
federal food stamps or federal food stamp |
| 7 |
| benefits:
|
| 8 |
| (1) A person who has fled from the jurisdiction of any |
| 9 |
| court of record of
this or any other state or of the United |
| 10 |
| States to avoid prosecution for
a felony or to avoid giving |
| 11 |
| testimony in any criminal proceeding involving the
alleged |
| 12 |
| commission of a felony.
|
| 13 |
| (2) A person who has fled to avoid imprisonment in a |
| 14 |
| correctional facility
of this or any other state
or the |
| 15 |
| United States for having committed a felony.
|
| 16 |
| (3) A person who has escaped from a correctional |
| 17 |
| facility of this or any
other state or the United
States if |
| 18 |
| the person was incarcerated for having committed a felony.
|
| 19 |
| (4) A person who is violating a condition of probation |
| 20 |
| or parole imposed
under federal or State law.
|
| 21 |
| In this Section, "felony" means a violation of a penal |
| 22 |
| statute of this
State for which a sentence to a term of |
| 23 |
| imprisonment in a penitentiary for
one year or more is provided |
| 24 |
| or a violation of a penal statute of
or any
other state or the |
|
|
|
SB0328 |
- 16 - |
LRB095 08854 RLC 29040 b |
|
|
| 1 |
| United States for which a sentence to death or to a term of
|
| 2 |
| imprisonment in a penitentiary for one year or more is |
| 3 |
| provided.
|
| 4 |
| To implement this Section, the Illinois Department may |
| 5 |
| exchange necessary
information with an appropriate law |
| 6 |
| enforcement agency of this or any other
state, a political |
| 7 |
| subdivision of this or any other state, or the United
States.
|
| 8 |
| (b) (Blank).
|
| 9 |
| (Source: P.A. 92-111, eff. 1-1-02.)
|
| 10 |
| Section 35. The Criminal Code of 1961 is amended by |
| 11 |
| changing Sections 2-7,
7-10, 9-1, 9-1.2, 30-1, and 33B-1 as |
| 12 |
| follows:
|
| 13 |
| (720 ILCS 5/2-7) (from Ch. 38, par. 2-7)
|
| 14 |
| Sec. 2-7. "Felony".
|
| 15 |
| "Felony" means an offense for which a sentence to death or |
| 16 |
| to a term of
imprisonment in a penitentiary for one year or |
| 17 |
| more is provided.
|
| 18 |
| (Source: P.A. 77-2638.)
|
| 19 |
| (720 ILCS 5/7-10) (from Ch. 38, par. 7-10)
|
| 20 |
| Sec. 7-10.
Execution of death sentence.
|
| 21 |
| A public officer who, in the exercise of his official duty, |
| 22 |
| puts a
person to death pursuant to a sentence of a court of |
| 23 |
| competent
jurisdiction made before the effective date of this |
|
|
|
SB0328 |
- 17 - |
LRB095 08854 RLC 29040 b |
|
|
| 1 |
| amendatory Act of the
95th General Assembly, is justified if he |
| 2 |
| acts in accordance with the
sentence
pronounced and the law |
| 3 |
| prescribing the procedure for execution of a death
sentence.
|
| 4 |
| (Source: Laws 1961, p. 1983.)
|
| 5 |
| (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) |
| 6 |
| Sec. 9-1. First degree Murder - Death penalties - |
| 7 |
| Exceptions - Separate
Hearings - Proof - Findings - Appellate |
| 8 |
| procedures - Reversals.
|
| 9 |
| (a) A person who kills an individual without lawful |
| 10 |
| justification commits
first degree murder if, in performing the |
| 11 |
| acts which cause the a term of
natural life imprisonment
death:
|
| 12 |
| (1) he either intends to kill or do great bodily harm |
| 13 |
| to that
individual or another, or knows that such acts will |
| 14 |
| cause death to that
individual or another; or
|
| 15 |
| (2) he knows that such acts create a strong probability |
| 16 |
| of death or
great bodily harm to that individual or |
| 17 |
| another; or
|
| 18 |
| (3) he is attempting or committing a forcible felony |
| 19 |
| other than
second degree murder.
|
| 20 |
| (b) Aggravating Factors. A defendant who at the time of the
|
| 21 |
| commission of the offense has attained the age of 18 or more |
| 22 |
| and who has
been found guilty of first degree murder may be |
| 23 |
| sentenced to a term of natural life imprisonment
death if:
|
| 24 |
| (1) the murdered individual was a peace officer or |
| 25 |
| fireman killed in
the course of performing his official |
|
|
|
SB0328 |
- 18 - |
LRB095 08854 RLC 29040 b |
|
|
| 1 |
| duties, to prevent the performance
of his official duties, |
| 2 |
| or in retaliation for performing his official
duties, and |
| 3 |
| the defendant knew or
should have known that the murdered |
| 4 |
| individual was a peace officer or
fireman; or
|
| 5 |
| (2) the murdered individual was an employee of an |
| 6 |
| institution or
facility of the Department of Corrections, |
| 7 |
| or any similar local
correctional agency, killed in the |
| 8 |
| course of performing his official
duties, to prevent the |
| 9 |
| performance of his official duties, or in
retaliation for |
| 10 |
| performing his official duties, or the murdered
individual |
| 11 |
| was an inmate at such institution or facility and was |
| 12 |
| killed on the
grounds thereof, or the murdered individual |
| 13 |
| was otherwise present in such
institution or facility with |
| 14 |
| the knowledge and approval of the chief
administrative |
| 15 |
| officer thereof; or
|
| 16 |
| (3) the defendant has been convicted of murdering two |
| 17 |
| or more
individuals under subsection (a) of this Section or |
| 18 |
| under any law of the
United States or of any state which is |
| 19 |
| substantially similar to
subsection (a) of this Section |
| 20 |
| regardless of whether the deaths
occurred as the result of |
| 21 |
| the same act or of several related or
unrelated acts so |
| 22 |
| long as the deaths were the result of either an intent
to |
| 23 |
| kill more than one person or of separate acts which
the |
| 24 |
| defendant knew would cause death or create a strong |
| 25 |
| probability of
death or great bodily harm to the murdered |
| 26 |
| individual or another; or
|
|
|
|
SB0328 |
- 19 - |
LRB095 08854 RLC 29040 b |
|
|
| 1 |
| (4) the murdered individual was killed as a result of |
| 2 |
| the
hijacking of an airplane, train, ship, bus or other |
| 3 |
| public conveyance; or
|
| 4 |
| (5) the defendant committed the murder pursuant to a |
| 5 |
| contract,
agreement or understanding by which he was to |
| 6 |
| receive money or anything
of value in return for committing |
| 7 |
| the murder or procured another to
commit the murder for |
| 8 |
| money or anything of value; or
|
| 9 |
| (6) the murdered individual was killed in the course of |
| 10 |
| another felony if:
|
| 11 |
| (a) the murdered individual:
|
| 12 |
| (i) was actually killed by the defendant, or
|
| 13 |
| (ii) received physical injuries personally |
| 14 |
| inflicted by the defendant
substantially |
| 15 |
| contemporaneously with physical injuries caused by |
| 16 |
| one or
more persons for whose conduct the defendant |
| 17 |
| is legally accountable under
Section 5-2 of this |
| 18 |
| Code, and the physical injuries inflicted by |
| 19 |
| either
the defendant or the other person or persons |
| 20 |
| for whose conduct he is legally
accountable caused |
| 21 |
| the death of the murdered individual; and
|
| 22 |
| (b) in performing the acts which caused the death |
| 23 |
| of the murdered
individual or which resulted in |
| 24 |
| physical injuries personally inflicted by
the |
| 25 |
| defendant on the murdered individual under the |
| 26 |
| circumstances of
subdivision (ii) of subparagraph (a) |
|
|
|
SB0328 |
- 20 - |
LRB095 08854 RLC 29040 b |
|
|
| 1 |
| of paragraph (6) of subsection (b) of
this Section, the |
| 2 |
| defendant acted with the intent to kill the murdered
|
| 3 |
| individual or with the knowledge that his acts created |
| 4 |
| a strong probability
of death or great bodily harm to |
| 5 |
| the murdered individual or another; and
|
| 6 |
| (c) the other felony was an inherently violent |
| 7 |
| crime
or the attempt to commit an inherently
violent |
| 8 |
| crime.
In this subparagraph (c), "inherently violent |
| 9 |
| crime" includes, but is not
limited to, armed robbery, |
| 10 |
| robbery, predatory criminal sexual assault of a
child,
|
| 11 |
| aggravated criminal sexual assault, aggravated |
| 12 |
| kidnapping, aggravated vehicular
hijacking,
aggravated |
| 13 |
| arson, aggravated stalking, residential burglary, and |
| 14 |
| home
invasion; or
|
| 15 |
| (7) the murdered individual was under 12 years of age |
| 16 |
| and the
death resulted from exceptionally brutal or heinous |
| 17 |
| behavior indicative of
wanton cruelty; or
|
| 18 |
| (8) the defendant committed the murder with intent to
|
| 19 |
| prevent the murdered individual from testifying or |
| 20 |
| participating in any
criminal investigation or prosecution
|
| 21 |
| or giving material assistance to the State in any |
| 22 |
| investigation or
prosecution, either against the defendant |
| 23 |
| or another; or the defendant
committed the murder because |
| 24 |
| the murdered individual was a witness in any
prosecution or |
| 25 |
| gave material assistance to the State in any investigation
|
| 26 |
| or prosecution, either against the defendant or another;
|
|
|
|
SB0328 |
- 21 - |
LRB095 08854 RLC 29040 b |
|
|
| 1 |
| for purposes of this paragraph (8), "participating in any |
| 2 |
| criminal
investigation
or prosecution" is intended to |
| 3 |
| include those appearing in the proceedings in
any capacity |
| 4 |
| such as trial judges, prosecutors, defense attorneys,
|
| 5 |
| investigators, witnesses, or jurors; or
|
| 6 |
| (9) the defendant, while committing an offense |
| 7 |
| punishable under
Sections 401, 401.1, 401.2, 405, 405.2, |
| 8 |
| 407 or 407.1 or subsection (b) of
Section
404 of the |
| 9 |
| Illinois Controlled Substances Act, or while engaged in a
|
| 10 |
| conspiracy or solicitation to commit such offense, |
| 11 |
| intentionally killed an
individual or counseled, |
| 12 |
| commanded, induced, procured or caused the
intentional |
| 13 |
| killing of the murdered individual; or
|
| 14 |
| (10) the defendant was incarcerated in an institution |
| 15 |
| or facility of
the Department of Corrections at the time of |
| 16 |
| the murder, and while
committing an offense punishable as a |
| 17 |
| felony under Illinois law, or while
engaged in a conspiracy |
| 18 |
| or solicitation to commit such offense,
intentionally |
| 19 |
| killed an individual or counseled, commanded, induced,
|
| 20 |
| procured or caused the intentional killing of the murdered |
| 21 |
| individual; or
|
| 22 |
| (11) the murder was committed in a cold, calculated and |
| 23 |
| premeditated
manner pursuant to a preconceived plan, |
| 24 |
| scheme or design to take a human
life by unlawful means, |
| 25 |
| and the conduct of the defendant created a
reasonable |
| 26 |
| expectation that the death of a human being would result
|
|
|
|
SB0328 |
- 22 - |
LRB095 08854 RLC 29040 b |
|
|
| 1 |
| therefrom; or
|
| 2 |
| (12) the murdered individual was an emergency medical |
| 3 |
| technician -
ambulance, emergency medical technician - |
| 4 |
| intermediate, emergency medical
technician - paramedic, |
| 5 |
| ambulance driver, or
other medical assistance or first aid |
| 6 |
| personnel, employed by a municipality
or other |
| 7 |
| governmental unit, killed in the course of performing his |
| 8 |
| official
duties, to prevent the performance of his official |
| 9 |
| duties, or in retaliation
for performing his official |
| 10 |
| duties, and the defendant knew or should have
known that |
| 11 |
| the murdered individual was an emergency medical |
| 12 |
| technician -
ambulance, emergency medical technician - |
| 13 |
| intermediate, emergency medical
technician - paramedic, |
| 14 |
| ambulance driver, or
other medical assistance or first aid |
| 15 |
| personnel; or
|
| 16 |
| (13) the defendant was a principal administrator, |
| 17 |
| organizer, or leader
of a calculated criminal drug |
| 18 |
| conspiracy consisting of a hierarchical position
of |
| 19 |
| authority superior to that of all other members of the |
| 20 |
| conspiracy, and the
defendant counseled, commanded, |
| 21 |
| induced, procured, or caused the intentional
killing of the |
| 22 |
| murdered person;
or
|
| 23 |
| (14) the murder was intentional and involved the |
| 24 |
| infliction of torture.
For
the purpose of this Section |
| 25 |
| torture means the infliction of or subjection to
extreme |
| 26 |
| physical pain, motivated by an intent to increase or |
|
|
|
SB0328 |
- 23 - |
LRB095 08854 RLC 29040 b |
|
|
| 1 |
| prolong the pain,
suffering or agony of the victim; or
|
| 2 |
| (15) the murder was committed as a result of the |
| 3 |
| intentional discharge
of a firearm by the defendant from a |
| 4 |
| motor vehicle and the victim was not
present within the |
| 5 |
| motor vehicle; or
|
| 6 |
| (16) the murdered individual was 60 years of age or |
| 7 |
| older and the death
resulted
from exceptionally brutal or |
| 8 |
| heinous behavior indicative of wanton cruelty; or
|
| 9 |
| (17) the murdered individual was a disabled person and |
| 10 |
| the defendant knew
or
should have known that the murdered |
| 11 |
| individual was disabled. For purposes of
this paragraph |
| 12 |
| (17), "disabled person" means a person who suffers from a
|
| 13 |
| permanent physical or mental impairment resulting from |
| 14 |
| disease, an injury,
a functional disorder, or a congenital |
| 15 |
| condition that renders the person
incapable of
adequately |
| 16 |
| providing for his or her own health or personal care; or
|
| 17 |
| (18) the murder was committed by reason of any person's |
| 18 |
| activity as a
community policing volunteer or to prevent |
| 19 |
| any person from engaging in activity
as a community |
| 20 |
| policing volunteer; or
|
| 21 |
| (19) the murdered individual was subject to an order of |
| 22 |
| protection and the
murder was committed by a person against |
| 23 |
| whom the same order of protection was
issued under the |
| 24 |
| Illinois Domestic Violence Act of 1986; or
|
| 25 |
| (20) the murdered individual was known by the defendant |
| 26 |
| to be a teacher or
other person employed in any school and |
|
|
|
SB0328 |
- 24 - |
LRB095 08854 RLC 29040 b |
|
|
| 1 |
| the teacher or other employee is upon
the grounds of a |
| 2 |
| school or grounds adjacent to a school, or is in any part |
| 3 |
| of a
building used for school purposes; or
|
| 4 |
| (21) the murder was committed by the defendant in |
| 5 |
| connection with or as
a
result of the offense of terrorism |
| 6 |
| as defined in Section 29D-30 of this
Code.
|
| 7 |
| (c) (Blank).
Consideration of factors in Aggravation and |
| 8 |
| Mitigation.
|
| 9 |
| The court shall consider, or shall instruct the jury to |
| 10 |
| consider any
aggravating and any mitigating factors which are |
| 11 |
| relevant to the
imposition of the death penalty. Aggravating |
| 12 |
| factors may include but
need not be limited to those factors |
| 13 |
| set forth in subsection (b).
Mitigating factors may include but |
| 14 |
| need not be limited to the following:
|
| 15 |
| (1) the defendant has no significant history of prior |
| 16 |
| criminal
activity;
|
| 17 |
| (2) the murder was committed while the defendant was |
| 18 |
| under
the influence of extreme mental or emotional |
| 19 |
| disturbance, although not such
as to constitute a defense |
| 20 |
| to prosecution;
|
| 21 |
| (3) the murdered individual was a participant in the
|
| 22 |
| defendant's homicidal conduct or consented to the |
| 23 |
| homicidal act;
|
| 24 |
| (4) the defendant acted under the compulsion of threat |
| 25 |
| or
menace of the imminent infliction of death or great |
| 26 |
| bodily harm;
|
|
|
|
SB0328 |
- 25 - |
LRB095 08854 RLC 29040 b |
|
|
| 1 |
| (5) the defendant was not personally present during
|
| 2 |
| commission of the act or acts causing death;
|
| 3 |
| (6) the defendant's background includes a history of |
| 4 |
| extreme emotional
or physical abuse;
|
| 5 |
| (7) the defendant suffers from a reduced mental |
| 6 |
| capacity.
|
| 7 |
| (d) (Blank).
Separate sentencing hearing.
|
| 8 |
| Where requested by the State, the court shall conduct a |
| 9 |
| separate
sentencing proceeding to determine the existence of |
| 10 |
| factors set forth in
subsection (b) and to consider any |
| 11 |
| aggravating or mitigating factors as
indicated in subsection |
| 12 |
| (c). The proceeding shall be conducted:
|
| 13 |
| (1) before the jury that determined the defendant's |
| 14 |
| guilt; or
|
| 15 |
|   |