093_SB0883

 
                                     LRB093 09883 RLC 10132 b

 1        AN ACT concerning the exercise of police powers by  State
 2    employees.

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

 5        Section  5.  The State Appellate Defender Act is  amended
 6    by changing Section 10 as follows:

 7        (725 ILCS 105/10) (from Ch. 38, par. 208-10)
 8        Sec. 10.  Powers and duties of State Appellate Defender.
 9        (a)  The   State   Appellate   Defender  shall  represent
10    indigent persons on appeal in criminal and  delinquent  minor
11    proceedings,  when  appointed  to  do  so  by a court under a
12    Supreme Court Rule or law of this State.
13        (b)  The State Appellate Defender shall submit  a  budget
14    for the approval of the State Appellate Defender Commission.
15        (c)  The State Appellate Defender may:
16             (1)  maintain a panel of private attorneys available
17        to serve as counsel on a case basis;
18             (2)  establish  programs,  alone  or  in conjunction
19        with law schools, for the purpose of utilizing  volunteer
20        law students as legal assistants;
21             (3)  cooperate  and  consult  with  state  agencies,
22        professional  associations,  and  other groups concerning
23        the causes of criminal conduct,  the  rehabilitation  and
24        correction  of  persons  charged  with  and  convicted of
25        crime, the administration of criminal  justice,  and,  in
26        counties   of  less  than  1,000,000  population,  study,
27        design, develop  and  implement  model  systems  for  the
28        delivery  of  trial  level defender services, and make an
29        annual report to the General Assembly;
30             (4)  hire  investigators  to  provide  investigative
31        services  to  appointed   counsel   and   county   public
 
                            -2-      LRB093 09883 RLC 10132 b
 1        defenders;
 2             (5)  in  cases  in  which  a  death  sentence  is an
 3        authorized disposition, provide trial  counsel  with  the
 4        assistance   of   expert  witnesses,  investigators,  and
 5        mitigation specialists from  funds  appropriated  to  the
 6        State Appellate Defender specifically for that purpose by
 7        the  General  Assembly.   The  Office  of State Appellate
 8        Defender shall not be appointed to serve as trial counsel
 9        in capital cases.
10        Investigators employed by the  State  Appellate  Defender
11    shall  be  authorized  to  inquire  with  the Law Enforcement
12    Agencies Data System (LEADS) under Section  2605-375  of  the
13    Civil  Administrative  Code  of Illinois to ascertain whether
14    their potential witnesses have a criminal  background.   Such
15    inquiry  may  be conducted with any law enforcement agency in
16    this State that maintains a LEADS terminal or  has  immediate
17    access  to  one  on  a  24-hour-per-day, 7 day-per-week basis
18    through a written agreement with that law enforcement agency.
19        (d)  For each State  fiscal  year,  the  State  Appellate
20    Defender shall appear before the General Assembly and request
21    appropriations  to  be made from the Capital Litigation Trust
22    Fund to the State Treasurer  for  the  purpose  of  providing
23    defense  assistance  in capital cases outside of Cook County.
24    The State Appellate Defender may appear  before  the  General
25    Assembly  at  other  times  during the State's fiscal year to
26    request supplemental appropriations from the  Trust  Fund  to
27    the State Treasurer.
28        (e)  The   requirement   for  reporting  to  the  General
29    Assembly shall be satisfied by filing copies  of  the  report
30    with  the  Speaker,  the Minority Leader and the Clerk of the
31    House of Representatives  and  the  President,  the  Minority
32    Leader  and  the  Secretary of the Senate and the Legislative
33    Research Unit, as required by  Section  3.1  of  the  General
34    Assembly  Organization  Act and filing such additional copies
 
                            -3-      LRB093 09883 RLC 10132 b
 1    with the State Government Report Distribution Center for  the
 2    General  Assembly  as  is  required  under  paragraph  (t) of
 3    Section 7 of the State Library Act.
 4    (Source: P.A. 91-589, eff. 1-1-00.)