Senate Sponsors: HAWKINSON-OBAMA, SHADID AND CULLERTON. House Sponsors: DURKIN-WINKEL-OSMOND-TURNER,JOHN-CURRIE Short description: CAPITOL CRIMES LITIGATION ACT Synopsis of Bill as introduced: Amends the Code of Criminal Procedure of 1963 with respect to the general purposes of the Code and the imposition of the death penalty. SENATE AMENDMENT NO. 1. Deletes reference to: 725 ILCS 5/101-1 Adds reference to: New Act 30 ILCS 105/5.490 new 20 ILCS 2605/55a-4 from Ch. 127, par. 55a-4 55 ILCS 5/3-4006.1 new 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005 725 ILCS 5/113-3 from Ch. 38, par. 113-3 725 ILCS 105/10 from Ch. 38, par. 208-10 725 ILCS 210/6 from Ch. 14, par. 206 725 ILCS 210/7.05 from Ch. 14, par. 207.05 725 ILCS 210/7.06 from Ch. 14, par. 207.06 725 ILCS 210/7.07 new Creates the Capital Crimes Litigation Act. Permits the public defender to request that the Office of the State Appellate Defender be appointed to provide assistance in pre-trial investigation, trial preparation, and trial of capital cases. Establishes criteria for persons appointed to represent indigent defendants in capital cases. Provides that if the court finds that the defendant is accused of a capital crime, the court shall appoint the Office of State Appellate Defender to provide pre-trial investigatory and other pre-trial assistance, trial assistance, and aid to the defendant. Creates the Capital Litigation Trust Fund administered by the Administrative Office of the Illinois Courts. Provides that moneys in the Trust Fund shall be used to provide financial support for the defense of capital cases. Amends various Acts relating to litigation of capital cases. Effective June 1, 1999. SENATE AMENDMENT NO. 2. Deletes the authority to expend amounts from the Capital Litiga- tion Trust Fund to provide financial support for federal and State agencies, units of local government, corporations and neighborhood, community, or business organizations for programs designed to improve the administration of the criminal justice system and the death pen- alty. HOUSE AMENDMENT NO. 1. Deletes reference to: 725 ILCS 210/6 725 ILCS 210/7.05 725 ILCS 210/ 7.06 725 ILCS 210/7.07 new Deletes everything after the enacting clause. Creates the Capital Crimes Litigation Act. Provides that if an indigent defendant is charged with an offense for which a sentence of death is authorized and the State's Attorney has not 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. If the Public Defender is appointed he or she shall immediately assign the attorney or attorneys to represent the defendant. Provides that the assigned attorneys shall meet the qualifications as the Supreme Court shall by rule provide. Provides that the assigned attorneys shall receive compensation at a rate not to exceed $125 per hour, adjusted annually for inflation. Creates the Capital Litigation Trust Fund as a special fund in the State treasury. Provides that money deposited into the Trust Fund shall be used exclusively for the purposes of providing funding for the pre-trial, trial, and post-conviction review in the prosecution and defense of capital cases and shall not be appropriated, loaned, or in any manner transferred to the General Revenue Fund of the State of Illinois. Provides that the Cook County Public Defender, the Cook County State's Attorney, the State Appellate Defender, the State's Attorneys Appellate Prosecutor, and the Attorney General shall make annual requests for appropriations to the Trust Fund. Provides that the Cook County Public Defender and the Cook County State's Attorney shall make requests for appropriations for the funding of capital litigation matters in Cook County; and the State Appellate Defender, the State's Attorneys Appellate Prosecutor, and the Attorney General, as the case may be, shall request appropriations for the assistance of the defense and prosecution of capital cases in all counties other than Cook. Provides that the Cook County Public Defender, the Cook County State's Attorney, the State Appellate Defender, the State's Attorneys Appellate Prosecutor, and the Attorney General may apply to the General Assembly for supplemental capital litigation funding during the fiscal year. Amends the Civil Administrative Code of Illinois, the State Finance Act, the Counties Code, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes to be consistent with the Capital Crimes Litigation Act. Effective immediately. HOUSE AMENDMENT NO. 3. Deletes everything after the enacting clause. Inserts the Capital Crimes Litigation Act with various changes from the bill as amended by House Amendment No. 1 concerning funding, grants, and other matters. Makes various changes in the amendatory language. Provides that the Cook County Public Defender, the Cook County State's Attorney, the State Appellate Defender, the State's Attorneys Appellate Prosecutor, and the Attorney General shall each report separately to the General Assembly by January 1, 2004 detailing the amounts of money received by them under the Capital Crimes Litigation Act, the uses for which those funds were expended, and the balances then in the Capital Ligi- gation Trust Fund or county accounts dedicated to them for the use and support of Public Defenders, appointed trial defense counsel, and State's Attorneys. Repeals the Capital Crimes Litigation Act on July 1, 2004. Effective January 1, 2000. Last action on Bill: PUBLIC ACT.............................. 91-0589 Last action date: 99-08-14 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 2 END OF INQUIRY Full Text Bill Status