SB1039 96TH GENERAL ASSEMBLY

LRB096 07103 RLC 17189 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1039

Introduced 2/6/2009, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

725 ILCS 124/5

Amends the Capital Crimes Litigation Act. Makes a technical change in 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 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 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. At the request of court appointed counsel in a case in which the death penalty is sought, attorneys employed by the State Appellate Defender may enter an appearance for the limited purpose of assisting counsel appointed under this Section.

(Source: P.A. 94-340, eff. 1-1-06.)