SB2590 93RD GENERAL ASSEMBLY

LRB093 16132 RLC 41764 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2590

Introduced 2/4/2004, by Donne E. Trotter

SYNOPSIS AS INTRODUCED:

725 ILCS 124/5

Amends the Capital Crimes Litigation Act. Makes a technical change to a Section concerning the appointment of trial counsel in death penalty cases.

A BILL FOR

AN ACT concerning criminal law.

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

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

(725 ILCS 124/5)

Sec. 5. Appointment of trial counsel in death penalty cases. If an indigent defendant is charged with an offense for which a sentence of death is authorized, and the State's Attorney has not, at or before arraignment, filed a certificate indicating he or she will not seek the death penalty or stated on the record in open court that the death penalty will not be sought, the trial court shall immediately appoint the Public Defender, or such other qualified attorney or attorneys as the Illinois Supreme Court shall by rule provide, to represent the defendant as trial counsel. If the Public Defender is appointed, he or she shall immediately assign an such attorney or attorneys who are public defenders to represent the defendant. The counsel shall meet the qualifications as the Supreme Court shall by rule provide.

(Source: P.A. 91-589, eff. 1-1-00.)