Illinois General Assembly - Full Text of HB0579
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Full Text of HB0579  93rd General Assembly

HB0579sam001 93rd General Assembly


093_HB0579sam001











                                     LRB093 05577 LCB 15382 a

 1                     AMENDMENT TO HOUSE BILL 579

 2        AMENDMENT NO.     .  Amend House Bill  579  by  replacing
 3    everything after the enacting clause with the following:

 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 7        (Section scheduled to be repealed on July 1, 2004)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
 
                            -2-      LRB093 05577 LCB 15382 a
 1    transferred  to  the  General  Revenue  Fund  of the State of
 2    Illinois.
 3        (d)  Every fiscal year the State Treasurer shall transfer
 4    from the General Revenue Fund to the Capital Litigation Trust
 5    Fund  an  amount  equal  to  the  full   amount   of   moneys
 6    appropriated  by  the  General Assembly (both by original and
 7    supplemental appropriation), less any unexpended balance from
 8    the previous fiscal year, from the Capital  Litigation  Trust
 9    Fund for the specific purpose of making funding available for
10    the  prosecution  and  defense  of capital cases.  The Public
11    Defender and State's  Attorney  in  Cook  County,  the  State
12    Appellate   Defender,   the   State's   Attorneys   Appellate
13    Prosecutor,  and  the  Attorney  General  shall  make  annual
14    requests for appropriations from the Trust Fund.
15             (1)  The   Public  Defender  in  Cook  County  shall
16        request  appropriations  to  the  State   Treasurer   for
17        expenses  incurred by the Public Defender and for funding
18        for private appointed defense counsel in Cook  County.
19             (2)  The  State's  Attorney  in  Cook  County  shall
20        request an  appropriation  to  the  State  Treasurer  for
21        expenses incurred by the State's Attorney.
22             (3)  The  State  Appellate  Defender shall request a
23        direct appropriation from the  Trust  Fund  for  expenses
24        incurred  by  the  State  Appellate Defender in providing
25        assistance  to  trial  attorneys  under  item  (c)(5)  of
26        Section 10 of the State Appellate  Defender  Act  and  an
27        appropriation  to  the  State Treasurer for payments from
28        the Trust Fund for the defense of cases in counties other
29        than Cook County.
30             (4)  The  State's  Attorneys  Appellate   Prosecutor
31        shall  request a direct appropriation from the Trust Fund
32        to  pay  expenses  incurred  by  the  State's   Attorneys
33        Appellate  Prosecutor  and  an appropriation to the State
34        Treasurer for payments from the Trust Fund  for  expenses
 
                            -3-      LRB093 05577 LCB 15382 a
 1        incurred by State's Attorneys in counties other than Cook
 2        County.
 3             (5)  The  Attorney  General  shall  request a direct
 4        appropriation  from  the  Trust  Fund  to  pay   expenses
 5        incurred by the Attorney General in assisting the State's
 6        Attorneys  in  counties other than Cook County and to pay
 7        for expenses incurred by the Attorney  General  when  the
 8        Attorney General is ordered by the presiding judge of the
 9        Criminal  Division of the Circuit Court of Cook County to
10        prosecute or supervise the  prosecution  of  Cook  County
11        cases.
12        The  Public Defender and State's Attorney in Cook County,
13    the State Appellate Defender, the State's Attorneys Appellate
14    Prosecutor,  and  the  Attorney  General  may  each   request
15    supplemental  appropriations  from  the Trust Fund during the
16    fiscal year.
17        (e)  Moneys in the Trust Fund shall be expended  only  as
18    follows:
19             (1)  To   pay   the   State   Treasurer's  costs  to
20        administer the Trust Fund.  The amount for  this  purpose
21        may  not  exceed  5% in any one fiscal year of the amount
22        otherwise appropriated from the Trust Fund  in  the  same
23        fiscal year.
24             (2)  To pay the capital litigation expenses of trial
25        defense  including, but not limited to, investigatory and
26        other assistance, expert, forensic, and other  witnesses,
27        and  mitigation  specialists, and grants and aid provided
28        to public defenders or assistance to attorneys  who  have
29        been  appointed  by the court to represent defendants who
30        are charged with capital crimes.
31             (3)  To pay the  compensation  of  trial  attorneys,
32        other  than  public defenders, who have been appointed by
33        the court to represent defendants who  are  charged  with
34        capital crimes.
 
                            -4-      LRB093 05577 LCB 15382 a
 1             (4)  To  provide  State's Attorneys with funding for
 2        capital litigation expenses including,  but  not  limited
 3        to,   investigatory  and  other  assistance  and  expert,
 4        forensic, and other  witnesses  necessary  to   prosecute
 5        capital  cases.    State's  Attorneys in any county other
 6        than Cook County seeking funding for  capital  litigation
 7        expenses including, but not limited to, investigatory and
 8        other assistance and expert, forensic, or other witnesses
 9        under this Section may request that the State's Attorneys
10        Appellate Prosecutor or the Attorney General, as the case
11        may  be,  certify  the expenses as reasonable, necessary,
12        and appropriate for payment from the  Trust  Fund,  on  a
13        form  created by the State Treasurer.  Upon certification
14        of the expenses and delivery of the certification to  the
15        State  Treasurer,  the  Treasurer  shall pay the expenses
16        directly from the Capital Litigation Trust Fund if  there
17        are  sufficient  moneys  in  the  Trust  Fund  to pay the
18        expenses.
19             (5)  To  provide  financial  support   through   the
20        Attorney General pursuant to the Attorney General Act for
21        the  several  county  State's  Attorneys  outside of Cook
22        County, but shall not be used to increase  personnel  for
23        the  Attorney  General's Office, except when the Attorney
24        General is ordered by the presiding judge of the Criminal
25        Division of the Circuit Court of Cook County to prosecute
26        or supervise the prosecution of Cook County cases.
27             (6)  To  provide  financial  support   through   the
28        State's  Attorneys  Appellate  Prosecutor pursuant to the
29        State's Attorneys  Appellate  Prosecutor's  Act  for  the
30        several  county State's Attorneys outside of Cook County,
31        but shall not be  used  to  increase  personnel  for  the
32        State's Attorneys Appellate Prosecutor.
33             (7)  To  provide  financial  support  to  the  State
34        Appellate   Defender  pursuant  to  the  State  Appellate
 
                            -5-      LRB093 05577 LCB 15382 a
 1        Defender Act.
 2        Moneys expended from the Trust Fund shall be in  addition
 3    to county funding for Public Defenders and State's Attorneys,
 4    and  shall  not  be  used  to supplant or reduce ordinary and
 5    customary county funding.
 6        (f)  Moneys in the Trust Fund shall  be  appropriated  to
 7    the State Appellate Defender, the State's Attorneys Appellate
 8    Prosecutor,  the  Attorney  General, and the State Treasurer.
 9    The State Appellate Defender shall receive  an  appropriation
10    from  the  Trust  Fund  to enable it to provide assistance to
11    appointed defense counsel throughout the State and to  Public
12    Defenders  in counties other than Cook. The State's Attorneys
13    Appellate Prosecutor and the Attorney General  shall  receive
14    appropriations  from the Trust Fund to enable them to provide
15    assistance to State's Attorneys in counties other  than  Cook
16    County  and  when  the  Attorney  General  is  ordered by the
17    presiding judge of the Criminal Division of the Circuit Court
18    of Cook County to prosecute or supervise the  prosecution  of
19    Cook  County cases. Moneys shall be appropriated to the State
20    Treasurer to enable the Treasurer (i) to make grants to  Cook
21    County,  (ii)  to  pay  the  expenses of Public Defenders and
22    State's Attorneys in counties other than Cook  County,  (iii)
23    to  pay  the  expenses  and compensation of appointed defense
24    counsel in counties other than Cook County, and (iv)  to  pay
25    the  costs of administering the Trust Fund.  All expenditures
26    and grants made from the Trust Fund shall be subject to audit
27    by the Auditor General.
28        (g)  For Cook County, grants from the Trust Fund shall be
29    made and administered as follows:
30             (1)  For  each  State  fiscal  year,   the   State's
31        Attorney  and  Public  Defender must each make a separate
32        application to the State Treasurer for capital litigation
33        grants.
34             (2)  The State Treasurer shall establish  rules  and
 
                            -6-      LRB093 05577 LCB 15382 a
 1        procedures  for  grant  applications.   The  rules  shall
 2        require  the Cook County Treasurer as the grant recipient
 3        to report on a periodic basis to the State Treasurer  how
 4        much  of  the  grant  has  been expended, how much of the
 5        grant is remaining, and the purposes for which the  grant
 6        has  been  used.   The  rules  may  also require the Cook
 7        County Treasurer to certify  on  a  periodic  basis  that
 8        expenditures  of  the  funds  have been made for expenses
 9        that  are  reasonable,  necessary,  and  appropriate  for
10        payment from the Trust Fund.
11             (3)  The State Treasurer shall make  the  grants  to
12        the  Cook  County Treasurer as soon as possible after the
13        beginning of the State fiscal year.
14             (4)  The State's Attorney  or  Public  Defender  may
15        apply for supplemental grants during the fiscal year.
16             (5)  Grant  moneys  shall be paid to the Cook County
17        Treasurer in block grants and held in  separate  accounts
18        for  the State's Attorney, the Public Defender, and court
19        appointed defense counsel  other  than  the  Cook  County
20        Public  Defender, respectively, for the designated fiscal
21        year, and are not subject to county appropriation.
22             (6)  Expenditure  of   grant   moneys   under   this
23        subsection  (g)  is  subject  to  audit  by  the  Auditor
24        General.
25             (7)  The  Cook  County  Treasurer  shall immediately
26        make payment from the appropriate separate account in the
27        county treasury for capital litigation  expenses  to  the
28        State's  Attorney,  Public  Defender,  or court appointed
29        defense counsel other than the Public  Defender,  as  the
30        case  may  be, upon order of the State's Attorney, Public
31        Defender or the court, respectively.
32        (h)  If a defendant in a capital case in Cook  County  is
33    represented  by  court  appointed counsel other than the Cook
34    County Public Defender, the appointed counsel shall  petition
 
                            -7-      LRB093 05577 LCB 15382 a
 1    the court for an order directing the Cook County Treasurer to
 2    pay  the  court  appointed counsel's reasonable and necessary
 3    compensation  and  capital  litigation  expenses  from  grant
 4    moneys provided from the Trust Fund. These petitions shall be
 5    considered  in  camera.    Orders   denying   petitions   for
 6    compensation  or expenses are final. Counsel may not petition
 7    for expenses that may have been provided  or  compensated  by
 8    the  State Appellate Defender under item (c)(5) of Section 10
 9    of the State Appellate Defender Act.
10        (i)  In counties other than Cook  County,  and  when  the
11    Attorney  General  is  ordered  by the presiding judge of the
12    Criminal Division of the Circuit  Court  of  Cook  County  to
13    prosecute  or supervise the prosecution of Cook County cases,
14    and excluding capital litigation expenses  or  services  that
15    may  have been provided by the State Appellate Defender under
16    item (c)(5) of Section 10 of  the  State  Appellate  Defender
17    Act:
18             (1)  Upon  certification  by the circuit court, on a
19        form created by  the  State  Treasurer,  that  all  or  a
20        portion  of  the  expenses are reasonable, necessary, and
21        appropriate for payment  from  the  Trust  Fund  and  the
22        court's  delivery  of the certification to the Treasurer,
23        the Treasurer shall pay the certified expenses of  Public
24        Defenders  from  the  money appropriated to the Treasurer
25        for capital litigation expenses of  Public  Defenders  in
26        any   county   other  than  Cook  County,  if  there  are
27        sufficient moneys in the Trust Fund to pay the expenses.
28             (2)  If a defendant in a capital case is represented
29        by  court  appointed  counsel  other  than   the   Public
30        Defender,  the appointed counsel shall petition the court
31        to certify compensation and capital  litigation  expenses
32        including,  but  not  limited to, investigatory and other
33        assistance, expert, forensic, and  other  witnesses,  and
34        mitigation  specialists  as  reasonable,  necessary,  and
 
                            -8-      LRB093 05577 LCB 15382 a
 1        appropriate  for  payment  from  the  Trust  Fund.   Upon
 2        certification on a form created by the State Treasurer of
 3        all  or  a  portion  of  the  compensation  and  expenses
 4        certified  as  reasonable, necessary, and appropriate for
 5        payment from the Trust Fund and the court's  delivery  of
 6        the  certification  to the Treasurer, the State Treasurer
 7        shall pay the certified compensation  and  expenses  from
 8        the money appropriated to the Treasurer for that purpose,
 9        if  there are sufficient moneys in the Trust Fund to make
10        those payments.
11             (3)  A  petition  for  capital  litigation  expenses
12        under this subsection  shall  be  considered  in  camera.
13        Orders denying petitions for compensation or expenses are
14        final.
15        (j)  If the Trust Fund is discontinued or dissolved by an
16    Act  of  the  General  Assembly  or  by operation of law, any
17    balance remaining in the Trust Fund shall be returned to  the
18    General Revenue Fund after deduction of administrative costs,
19    any   other   provision   of   this   Act   to  the  contrary
20    notwithstanding.
21    (Source: P.A. 91-589, eff. 1-1-00.)".