Public Act 095-0376
 
SB0521 Enrolled LRB095 07144 RLC 27271 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Appellate Defender Act is amended by
changing Section 10 as follows:
 
    (725 ILCS 105/10)  (from Ch. 38, par. 208-10)
    Sec. 10. Powers and duties of State Appellate Defender.
    (a) The State Appellate Defender shall represent indigent
persons on appeal in criminal and delinquent minor proceedings,
when appointed to do so by a court under a Supreme Court Rule
or law of this State.
    (b) The State Appellate Defender shall submit a budget for
the approval of the State Appellate Defender Commission.
    (c) The State Appellate Defender may:
        (1) maintain a panel of private attorneys available to
    serve as counsel on a case basis;
        (2) establish programs, alone or in conjunction with
    law schools, for the purpose of utilizing volunteer law
    students as legal assistants;
        (3) cooperate and consult with state agencies,
    professional associations, and other groups concerning the
    causes of criminal conduct, the rehabilitation and
    correction of persons charged with and convicted of crime,
    the administration of criminal justice, and, in counties of
    less than 1,000,000 population, study, design, develop and
    implement model systems for the delivery of trial level
    defender services, and make an annual report to the General
    Assembly;
        (4) hire investigators to provide investigative
    services to appointed counsel and county public defenders;
        (5) in cases in which a death sentence is an authorized
    disposition, provide trial counsel with legal advice and
    the assistance of expert witnesses, investigators, and
    mitigation specialists from funds appropriated to the
    State Appellate Defender specifically for that purpose by
    the General Assembly. The Office of State Appellate
    Defender shall not be appointed to serve as trial counsel
    in capital cases; .
        (6) develop a Juvenile Defender Resource Center to: (i)
    study, design, develop, and implement model systems for the
    delivery of trial level defender services for juveniles in
    the justice system; (ii) in cases in which a sentence of
    incarceration or an adult sentence, or both, is an
    authorized disposition, provide trial counsel with legal
    advice and the assistance of expert witnesses and
    investigators from funds appropriated to the Office of the
    State Appellate Defender by the General Assembly
    specifically for that purpose; (iii) develop and provide
    training to public defenders on juvenile justice issues,
    utilizing resources including the State and local bar
    associations, the Illinois Public Defender Association,
    law schools, the Midwest Juvenile Defender Center, and pro
    bono efforts by law firms; and (iv) make an annual report
    to the General Assembly.
    Investigators employed by the Death Penalty Trial
Assistance and Capital Litigation Division of the State
Appellate Defender shall be authorized to inquire through the
Illinois State Police or local law enforcement with the Law
Enforcement Agencies Data System (LEADS) under Section
2605-375 of the Civil Administrative Code of Illinois to
ascertain whether their potential witnesses have a criminal
background, including: (i) warrants; (ii) arrests; (iii)
convictions; and (iv) officer safety information. This
authorization applies only to information held on the State
level and shall be used only to protect the personal safety of
the investigators. Any information that is obtained through
this inquiry may not be disclosed by the investigators.
    (d) For each State fiscal year, the State Appellate
Defender shall appear before the General Assembly and request
appropriations to be made from the Capital Litigation Trust
Fund to the State Treasurer for the purpose of providing
defense assistance in capital cases outside of Cook County and
for expenses incurred by the State Appellate Defender in
representing petitioners in capital cases in post-conviction
proceedings under Article 122 of the Code of Criminal Procedure
of 1963 and in relation to petitions filed under Section 2-1401
of the Code of Civil Procedure in relation to capital cases and
for the representation of those petitioners by attorneys
approved by or contracted with the State Appellate Defender.
The State Appellate Defender may appear before the General
Assembly at other times during the State's fiscal year to
request supplemental appropriations from the Trust Fund to the
State Treasurer.
    (e) The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act and filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library
Act.
(Source: P.A. 93-972, eff. 8-20-04; 93-1011, eff. 1-1-05;
94-340, eff. 1-1-06.)
 
    Section 10. The State's Attorneys Appellate Prosecutor's
Act is amended by adding Section 4.11 as follows:
 
    (725 ILCS 210/4.11 new)
    Sec. 4.11. Juvenile Justice Resource Center. The Office may
develop a Juvenile Justice Resource Center to: (i) study,
design, develop, and implement model systems for the
adjudication of juveniles in the justice system; (ii) in cases
in which a sentence of incarceration or an adult sentence, or
both, is an authorized disposition, provide trial counsel with
legal advice and the assistance of expert witnesses and
investigators from funds appropriated to the Office by the
General Assembly specifically for that purpose; (iii) develop
and provide training to assistant State's Attorneys on juvenile
justice issues, and, (iv) make an annual report to the General
Assembly.

Effective Date: 1/1/2008