101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3915

 

Introduced 10/17/2019, by Rep. David McSweeney - Andrew S. Chesney

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7.5
30 ILCS 105/5.876 rep.
725 ILCS 5/113-3  from Ch. 38, par. 113-3
725 ILCS 5/119-1
725 ILCS 105/10  from Ch. 38, par. 208-10

    Amends the Code of Criminal Procedure of 1963. Eliminates provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2019. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance 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. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases.


LRB101 13801 RLC 62659 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3915LRB101 13801 RLC 62659 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Capital Crimes Litigation Act of 2019.
 
6    Section 3. Legislative intent. The intent of the General
7Assembly in enacting this Act and reenacting the death penalty
8is to have the death penalty serve as a deterrent to violent
9crime with the specific goal of reducing mass shootings, serial
10killings, and gun violence. The General Assembly has confidence
11in the ability of crime laboratory biochemical testing,
12including DNA testing, to reduce or eliminate wrongful criminal
13convictions in Illinois, including, but not limited to, cases
14involving the death penalty.
 
15    Section 5. Appointment of trial counsel in death penalty
16cases. If an indigent defendant is charged with an offense for
17which a sentence of death is authorized, and the State's
18Attorney has not, at or before arraignment, filed a certificate
19indicating he or she will not seek the death penalty or stated
20on the record in open court that the death penalty will not be
21sought, the trial court shall immediately appoint the Public
22Defender, or any other qualified attorney or attorneys as the

 

 

HB3915- 2 -LRB101 13801 RLC 62659 b

1Illinois Supreme Court shall by rule provide, to represent the
2defendant as trial counsel. If the Public Defender is
3appointed, he or she shall immediately assign the attorney or
4attorneys who are public defenders to represent the defendant.
5The counsel shall meet the qualifications as the Supreme Court
6shall by rule provide. At the request of court appointed
7counsel in a case in which the death penalty is sought,
8attorneys employed by the State Appellate Defender may enter an
9appearance for the limited purpose of assisting counsel
10appointed under this Section.
 
11    Section 10. Court appointed trial counsel; compensation
12and expenses.
13    (a) This Section applies only to compensation and expenses
14of trial counsel appointed by the court as set forth in Section
155, other than public defenders, for the period after
16arraignment and so long as the State's Attorney has not, at any
17time, filed a certificate indicating he or she will not seek
18the death penalty or stated on the record in open court that
19the death penalty will not be sought.
20    (a-5) Litigation budget.
21        (1) In a case in which the State has filed a statement
22    of intent to seek the death penalty, the court shall
23    require appointed counsel, including those appointed in
24    Cook County, after counsel has had adequate time to review
25    the case and prior to engaging trial assistance, to submit

 

 

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1    a proposed estimated litigation budget for court approval,
2    that will be subject to modification in light of facts and
3    developments that emerge as the case proceeds. Case budgets
4    should be submitted ex parte and filed and maintained under
5    seal in order to protect the defendant's right to effective
6    assistance of counsel, right not to incriminate him or
7    herself and all applicable privileges. Case budgets shall
8    be reviewed and approved by the judge assigned to try the
9    case. As provided under subsection (c) of this Section,
10    petitions for compensation shall be reviewed by both the
11    trial judge and the presiding judge or the presiding
12    judge's designee.
13        (2) The litigation budget shall serve purposes
14    comparable to those of private retainer agreements by
15    confirming both the court's and the attorney's
16    expectations regarding fees and expenses. Consideration
17    should be given to employing an ex parte pretrial
18    conference in order to facilitate reaching agreement on a
19    litigation budget at the earliest opportunity.
20        (3) The budget shall be incorporated into a sealed
21    initial pretrial order that reflects the understandings of
22    the court and counsel regarding all matters affecting
23    counsel compensation and reimbursement and payments for
24    investigative, expert and other services, including but
25    not limited to the following matters:
26            (A) the hourly rate at which counsel will be

 

 

HB3915- 4 -LRB101 13801 RLC 62659 b

1        compensated;
2            (B) the hourly rate at which private
3        investigators, other than investigators employed by
4        the Office of the State Appellate Defender, will be
5        compensated; and
6            (C) the best preliminary estimate that can be made
7        of the cost of all services, including, but not limited
8        to, counsel, expert, and investigative services, that
9        are likely to be needed through the guilt and penalty
10        phases of the trial. The court shall have discretion to
11        require that budgets be prepared for shorter intervals
12        of time.
13        (4) Appointed counsel may obtain, subject to later
14    review, investigative, expert, or other services without
15    prior authorization if necessary for an adequate defense.
16    If the services are obtained, the presiding judge or the
17    presiding judge's designee shall consider in an ex parte
18    proceeding that timely procurement of necessary services
19    could not await prior authorization. If an ex parte hearing
20    is requested by defense counsel or deemed necessary by the
21    trial judge prior to modifying a budget, the ex parte
22    hearing shall be before the presiding judge or the
23    presiding judge's designee. The judge may then authorize
24    the services nunc pro tunc. If the presiding judge or the
25    presiding judge's designee finds that the services were not
26    reasonable, payment may be denied.

 

 

HB3915- 5 -LRB101 13801 RLC 62659 b

1        (5) An approved budget shall guide counsel's use of
2    time and resources by indicating the services for which
3    compensation is authorized. The case budget shall be
4    re-evaluated when justified by changed or unexpected
5    circumstances and shall be modified by the court when
6    reasonable and necessary for an adequate defense. If an ex
7    parte hearing is requested by defense counsel or deemed
8    necessary by the trial judge prior to modifying a budget,
9    the ex parte hearing shall be before the presiding judge or
10    the presiding judge's designee.
11    (b) Appointed trial counsel shall be compensated upon
12presentment and certification by the circuit court of a claim
13for services detailing the date, activity, and time duration
14for which compensation is sought. Compensation for appointed
15trial counsel may be paid at a reasonable rate not to exceed
16$125 per hour. The court shall not authorize payment of bills
17that are not properly itemized. A request for payment shall be
18presented under seal and reviewed ex parte with a court
19reporter present. Every January 20, the statutory rate
20prescribed in this subsection shall be automatically increased
21or decreased, as applicable, by a percentage equal to the
22percentage change in the consumer price index-u during the
23preceding 12-month calendar year. "Consumer price index-u"
24means the index published by the Bureau of Labor Statistics of
25the United States Department of Labor that measures the average
26change in prices of goods and services purchased by all urban

 

 

HB3915- 6 -LRB101 13801 RLC 62659 b

1consumers, United States city average, all items, 1982-84=100.
2The new rate resulting from each annual adjustment shall be
3determined by the State Treasurer and made available to the
4chief judge of each judicial circuit.
5    (c) Appointed trial counsel may also petition the court for
6certification of expenses for reasonable and necessary capital
7litigation expenses, including, but not limited to,
8investigatory and other assistance, expert, forensic, and
9other witnesses, and mitigation specialists. Each provider of
10proposed services must specify the best preliminary estimate
11that can be made in light of information received in the case
12at that point, and the provider must sign this estimate under
13the provisions of Section 1-109 of the Code of Civil Procedure.
14A provider of proposed services must also specify (1) his or
15her hourly rate; (2) the hourly rate of anyone else in his or
16her employ for whom reimbursement is sought; and (3) the hourly
17rate of any person or entity that may be subcontracted to
18perform these services. Counsel may not petition for
19certification of expenses that may have been provided or
20compensated by the State Appellate Defender under item (c)(5.1)
21of Section 10 of the State Appellate Defender Act. The
22petitions shall be filed under seal and considered ex parte but
23with a court reporter present for all ex parte conferences. If
24the requests are submitted after services have been rendered,
25the requests shall be supported by an invoice describing the
26services rendered, the dates the services were performed and

 

 

HB3915- 7 -LRB101 13801 RLC 62659 b

1the amount of time spent. These petitions shall be reviewed by
2both the trial judge and the presiding judge of the circuit
3court or the presiding judge's designee. The petitions and
4orders shall be kept under seal and shall be exempt from
5Freedom of Information requests until the conclusion of the
6trial, even if the prosecution chooses not to pursue the death
7penalty prior to trial or sentencing. If an ex parte hearing is
8requested by defense counsel or deemed necessary by the trial
9judge, the hearing shall be before the presiding judge or the
10presiding judge's designee.
11    (d) Appointed trial counsel shall petition the court for
12certification of compensation and expenses under this Section
13periodically during the course of counsel's representation.
14The petitions shall be supported by itemized bills showing the
15date, the amount of time spent, the work done and the total
16being charged for each entry. The court shall not authorize
17payment of bills that are not properly itemized. The court must
18certify reasonable and necessary expenses of the petitioner for
19travel and per diem (lodging, meals, and incidental expenses).
20These expenses must be paid at the rate as promulgated by the
21United States General Services Administration for these
22expenses for the date and location in which they were incurred,
23unless extraordinary reasons are shown for the difference. The
24petitions shall be filed under seal and considered ex parte but
25with a court reporter present for all ex parte conferences. The
26petitions shall be reviewed by both the trial judge and the

 

 

HB3915- 8 -LRB101 13801 RLC 62659 b

1presiding judge of the circuit court or the presiding judge's
2designee. If an ex parte hearing is requested by defense
3counsel or deemed necessary by the trial judge, the ex parte
4hearing shall be before the presiding judge or the presiding
5judge's designee. If the court determines that the compensation
6and expenses should be paid from the Capital Litigation Trust
7Fund, the court shall certify, on a form created by the State
8Treasurer, that all or a designated portion of the amount
9requested is reasonable, necessary, and appropriate for
10payment from the Trust Fund. The form must also be signed by
11lead trial counsel under the provisions of Section 1-109 of the
12Code of Civil Procedure verifying that the amount requested is
13reasonable, necessary, and appropriate. Bills submitted for
14payment by any individual or entity seeking payment from the
15Capital Litigation Trust Fund must also be accompanied by a
16form created by the State Treasurer and signed by the
17individual or responsible agent of the entity under the
18provisions of Section 1-109 of the Code of Civil Procedure that
19the amount requested is accurate and truthful and reflects time
20spent or expenses incurred. Certification of compensation and
21expenses by a court in any county other than Cook County shall
22be delivered by the court to the State Treasurer and must be
23paid by the State Treasurer directly from the Capital
24Litigation Trust Fund if there are sufficient moneys in the
25Trust Fund to pay the compensation and expenses. If the State
26Treasurer finds, within 14 days of his or her receipt of a

 

 

HB3915- 9 -LRB101 13801 RLC 62659 b

1certification, that the compensation and expenses to be paid
2are unreasonable, unnecessary, or inappropriate, he or she may
3return the certification to the court setting forth in detail
4the objection or objections with a request for the court to
5review the objection or objections before resubmitting the
6certification. The State Treasurer must send the claimant a
7copy of the objection or objections. The State Treasurer may
8only seek a review of a specific objection once. The claimant
9has 7 days from his or her receipt of the objections to file a
10response with the court. With or without further hearing, the
11court must promptly rule on the objections. The petitions and
12orders shall be kept under seal and shall be exempt from
13Freedom of Information requests until the conclusion of the
14trial and appeal of the case, even if the prosecution chooses
15not to pursue the death penalty prior to trial or sentencing.
16Certification of compensation and expenses by a court in Cook
17County shall be delivered by the court to the county treasurer
18and paid by the county treasurer from moneys granted to the
19county from the Capital Litigation Trust Fund.
 
20    Section 15. Capital Litigation Trust Fund.
21    (a) The Capital Litigation Trust Fund is created as a
22special fund in the State treasury. The Trust Fund shall be
23administered by the State Treasurer to provide moneys for the
24appropriations to be made, grants to be awarded, and
25compensation and expenses to be paid under this Act. All

 

 

HB3915- 10 -LRB101 13801 RLC 62659 b

1interest earned from the investment or deposit of moneys
2accumulated in the Trust Fund shall, under Section 4.1 of the
3State Finance Act, be deposited into the Trust Fund.
4    (b) Moneys deposited into the Trust Fund shall not be
5considered general revenue of the State of Illinois.
6    (c) Moneys deposited into the Trust Fund shall be used
7exclusively for the purposes of providing funding for the
8prosecution and defense of capital cases and for providing
9funding for post-conviction proceedings in capital cases under
10Article 122 of the Code of Criminal Procedure of 1963 and in
11relation to petitions filed under Section 2-1401 of the Code of
12Civil Procedure in relation to capital cases as provided in
13this Act and shall not be appropriated, loaned, or in any
14manner transferred to the General Revenue Fund of the State of
15Illinois.
16    (d) Every fiscal year, the State Treasurer shall transfer
17from the General Revenue Fund to the Capital Litigation Trust
18Fund an amount equal to the full amount of moneys appropriated
19by the General Assembly (both by original and supplemental
20appropriation), less any unexpended balance from the previous
21fiscal year, from the Capital Litigation Trust Fund for the
22specific purpose of making funding available for the
23prosecution and defense of capital cases and for the litigation
24expenses associated with post-conviction proceedings in
25capital cases under Article 122 of the Code of Criminal
26Procedure of 1963 and in relation to petitions filed under

 

 

HB3915- 11 -LRB101 13801 RLC 62659 b

1Section 2-1401 of the Code of Civil Procedure in relation to
2capital cases. The Public Defender and State's Attorney in Cook
3County, the State Appellate Defender, the State's Attorneys
4Appellate Prosecutor, and the Attorney General shall make
5annual requests for appropriations from the Trust Fund.
6        (1) The Public Defender in Cook County shall request
7    appropriations to the State Treasurer for expenses
8    incurred by the Public Defender and for funding for private
9    appointed defense counsel in Cook County.
10        (2) The State's Attorney in Cook County shall request
11    an appropriation to the State Treasurer for expenses
12    incurred by the State's Attorney.
13        (3) The State Appellate Defender shall request a direct
14    appropriation from the Trust Fund for expenses incurred by
15    the State Appellate Defender in providing assistance to
16    trial attorneys under item (c)(5.1) of Section 10 of the
17    State Appellate Defender Act and for expenses incurred by
18    the State Appellate Defender in representing petitioners
19    in capital cases in post-conviction proceedings under
20    Article 122 of the Code of Criminal Procedure of 1963 and
21    in relation to petitions filed under Section 2-1401 of the
22    Code of Civil Procedure in relation to capital cases and
23    for the representation of those petitioners by attorneys
24    approved by or contracted with the State Appellate Defender
25    and an appropriation to the State Treasurer for payments
26    from the Trust Fund for the defense of cases in counties

 

 

HB3915- 12 -LRB101 13801 RLC 62659 b

1    other than Cook County.
2        (4) The State's Attorneys Appellate Prosecutor shall
3    request a direct appropriation from the Trust Fund to pay
4    expenses incurred by the State's Attorneys Appellate
5    Prosecutor and an appropriation to the State Treasurer for
6    payments from the Trust Fund for expenses incurred by
7    State's Attorneys in counties other than Cook County.
8        (5) The Attorney General shall request a direct
9    appropriation from the Trust Fund to pay expenses incurred
10    by the Attorney General in assisting the State's Attorneys
11    in counties other than Cook County and to pay for expenses
12    incurred by the Attorney General when the Attorney General
13    is ordered by the presiding judge of the Criminal Division
14    of the Circuit Court of Cook County to prosecute or
15    supervise the prosecution of Cook County cases and for
16    expenses incurred by the Attorney General in representing
17    the State in post-conviction proceedings in capital cases
18    under Article 122 of the Code of Criminal Procedure of 1963
19    and in relation to petitions filed under Section 2-1401 of
20    the Code of Civil Procedure in relation to capital cases.
21    The Public Defender and State's Attorney in Cook County,
22    the State Appellate Defender, the State's Attorneys
23    Appellate Prosecutor, and the Attorney General may each
24    request supplemental appropriations from the Trust Fund
25    during the fiscal year.
26    (e) Moneys in the Trust Fund shall be expended only as

 

 

HB3915- 13 -LRB101 13801 RLC 62659 b

1follows:
2        (1) To pay the State Treasurer's costs to administer
3    the Trust Fund. The amount for this purpose may not exceed
4    5% in any one fiscal year of the amount otherwise
5    appropriated from the Trust Fund in the same fiscal year.
6        (2) To pay the capital litigation expenses of trial
7    defense and post-conviction proceedings in capital cases
8    under Article 122 of the Code of Criminal Procedure of 1963
9    and in relation to petitions filed under Section 2-1401 of
10    the Code of Civil Procedure in relation to capital cases
11    including, but not limited to, DNA testing, including DNA
12    testing under Section 116-3 of the Code of Criminal
13    Procedure of 1963, analysis, and expert testimony,
14    investigatory and other assistance, expert, forensic, and
15    other witnesses, and mitigation specialists, and grants
16    and aid provided to public defenders, appellate defenders,
17    and any attorney approved by or contracted with the State
18    Appellate Defender representing petitioners in
19    post-conviction proceedings in capital cases under Article
20    122 of the Code of Criminal Procedure of 1963 and in
21    relation to petitions filed under Section 2-1401 of the
22    Code of Civil Procedure in relation to capital cases or
23    assistance to attorneys who have been appointed by the
24    court to represent defendants who are charged with capital
25    crimes. Reasonable and necessary capital litigation
26    expenses include travel and per diem (lodging, meals, and

 

 

HB3915- 14 -LRB101 13801 RLC 62659 b

1    incidental expenses).
2        (3) To pay the compensation of trial attorneys, other
3    than public defenders or appellate defenders, who have been
4    appointed by the court to represent defendants who are
5    charged with capital crimes or attorneys approved by or
6    contracted with the State Appellate Defender to represent
7    petitioners in post-conviction proceedings in capital
8    cases under Article 122 of the Code of Criminal Procedure
9    of 1963 and in relation to petitions filed under Section
10    2-1401 of the Code of Civil Procedure in relation to
11    capital cases.
12        (4) To provide State's Attorneys with funding for
13    capital litigation expenses and for expenses of
14    representing the State in post-conviction proceedings in
15    capital cases under Article 122 of the Code of Criminal
16    Procedure of 1963 and in relation to petitions filed under
17    Section 2-1401 of the Code of Civil Procedure in relation
18    to capital cases including, but not limited to,
19    investigatory and other assistance and expert, forensic,
20    and other witnesses necessary to prosecute capital cases.
21    State's Attorneys in any county other than Cook County
22    seeking funding for capital litigation expenses and for
23    expenses of representing the State in post-conviction
24    proceedings in capital cases under Article 122 of the Code
25    of Criminal Procedure of 1963 and in relation to petitions
26    filed under Section 2-1401 of the Code of Civil Procedure

 

 

HB3915- 15 -LRB101 13801 RLC 62659 b

1    in relation to capital cases including, but not limited to,
2    investigatory and other assistance and expert, forensic,
3    or other witnesses under this Section may request that the
4    State's Attorneys Appellate Prosecutor or the Attorney
5    General, as the case may be, certify the expenses as
6    reasonable, necessary, and appropriate for payment from
7    the Trust Fund, on a form created by the State Treasurer.
8    Upon certification of the expenses and delivery of the
9    certification to the State Treasurer, the Treasurer shall
10    pay the expenses directly from the Capital Litigation Trust
11    Fund if there are sufficient moneys in the Trust Fund to
12    pay the expenses.
13        (5) To provide financial support through the Attorney
14    General under the Attorney General Act for the several
15    county State's Attorneys outside of Cook County, but shall
16    not be used to increase personnel for the Attorney
17    General's Office, except when the Attorney General is
18    ordered by the presiding judge of the Criminal Division of
19    the Circuit Court of Cook County to prosecute or supervise
20    the prosecution of Cook County cases.
21        (6) To provide financial support through the State's
22    Attorneys Appellate Prosecutor under the State's Attorneys
23    Appellate Prosecutor's Act for the several county State's
24    Attorneys outside of Cook County, but shall not be used to
25    increase personnel for the State's Attorneys Appellate
26    Prosecutor.

 

 

HB3915- 16 -LRB101 13801 RLC 62659 b

1        (7) To provide financial support to the State Appellate
2    Defender under the State Appellate Defender Act. Moneys
3    expended from the Trust Fund shall be in addition to county
4    funding for Public Defenders and State's Attorneys, and
5    shall not be used to supplant or reduce ordinary and
6    customary county funding.
7    (f) Moneys in the Trust Fund shall be appropriated to the
8State Appellate Defender, the State's Attorneys Appellate
9Prosecutor, the Attorney General, and the State Treasurer. The
10State Appellate Defender shall receive an appropriation from
11the Trust Fund to enable it to provide assistance to appointed
12defense counsel and attorneys approved by or contracted with
13the State Appellate Defender to represent petitioners in
14post-conviction proceedings in capital cases under Article 122
15of the Code of Criminal Procedure of 1963 and in relation to
16petitions filed under Section 2-1401 of the Code of Civil
17Procedure in relation to capital cases throughout the State and
18to Public Defenders in counties other than Cook. The State's
19Attorneys Appellate Prosecutor and the Attorney General shall
20receive appropriations from the Trust Fund to enable them to
21provide assistance to State's Attorneys in counties other than
22Cook County and when the Attorney General is ordered by the
23presiding judge of the Criminal Division of the Circuit Court
24of Cook County to prosecute or supervise the prosecution of
25Cook County cases. Moneys shall be appropriated to the State
26Treasurer to enable the Treasurer (i) to make grants to Cook

 

 

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1County, (ii) to pay the expenses of Public Defenders, the State
2Appellate Defender, the Attorney General, the Office of the
3State's Attorneys Appellate Prosecutor, and State's Attorneys
4in counties other than Cook County, (iii) to pay the expenses
5and compensation of appointed defense counsel and attorneys
6approved by or contracted with the State Appellate Defender to
7represent petitioners in post-conviction proceedings in
8capital cases under Article 122 of the Code of Criminal
9Procedure of 1963 and in relation to petitions filed under
10Section 2-1401 of the Code of Civil Procedure in relation to
11capital cases in counties other than Cook County, and (iv) to
12pay the costs of administering the Trust Fund. All expenditures
13and grants made from the Trust Fund shall be subject to audit
14by the Auditor General.
15    (g) For Cook County, grants from the Trust Fund shall be
16made and administered as follows:
17        (1) For each State fiscal year, the State's Attorney
18    and Public Defender must each make a separate application
19    to the State Treasurer for capital litigation grants.
20        (2) The State Treasurer shall establish rules and
21    procedures for grant applications. The rules shall require
22    the Cook County Treasurer as the grant recipient to report
23    on a periodic basis to the State Treasurer how much of the
24    grant has been expended, how much of the grant is
25    remaining, and the purposes for which the grant has been
26    used. The rules may also require the Cook County Treasurer

 

 

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1    to certify on a periodic basis that expenditures of the
2    funds have been made for expenses that are reasonable,
3    necessary, and appropriate for payment from the Trust Fund.
4        (3) The State Treasurer shall make the grants to the
5    Cook County Treasurer as soon as possible after the
6    beginning of the State fiscal year.
7        (4) The State's Attorney or Public Defender may apply
8    for supplemental grants during the fiscal year.
9        (5) Grant moneys shall be paid to the Cook County
10    Treasurer in block grants and held in separate accounts for
11    the State's Attorney, the Public Defender, and court
12    appointed defense counsel other than the Cook County Public
13    Defender, respectively, for the designated fiscal year,
14    and are not subject to county appropriation.
15        (6) Expenditure of grant moneys under this subsection
16    (g) is subject to audit by the Auditor General.
17        (7) The Cook County Treasurer shall immediately make
18    payment from the appropriate separate account in the county
19    treasury for capital litigation expenses to the State's
20    Attorney, Public Defender, or court appointed defense
21    counsel other than the Public Defender, as the case may be,
22    upon order of the State's Attorney, Public Defender or the
23    court, respectively.
24    (h) If a defendant in a capital case in Cook County is
25represented by court appointed counsel other than the Cook
26County Public Defender, the appointed counsel shall petition

 

 

HB3915- 19 -LRB101 13801 RLC 62659 b

1the court for an order directing the Cook County Treasurer to
2pay the court appointed counsel's reasonable and necessary
3compensation and capital litigation expenses from grant moneys
4provided from the Trust Fund. The petitions shall be supported
5by itemized bills showing the date, the amount of time spent,
6the work done and the total being charged for each entry. The
7court shall not authorize payment of bills that are not
8properly itemized. The petitions shall be filed under seal and
9considered ex parte but with a court reporter present for all
10ex parte conferences. The petitions shall be reviewed by both
11the trial judge and the presiding judge of the circuit court or
12the presiding judge's designee. The petitions and orders shall
13be kept under seal and shall be exempt from Freedom of
14Information requests until the conclusion of the trial and
15appeal of the case, even if the prosecution chooses not to
16pursue the death penalty prior to trial or sentencing. Orders
17denying petitions for compensation or expenses are final.
18Counsel may not petition for expenses that may have been
19provided or compensated by the State Appellate Defender under
20item (c)(5.1) of Section 10 of the State Appellate Defender
21Act.
22    (i) In counties other than Cook County, and when the
23Attorney General is ordered by the presiding judge of the
24Criminal Division of the Circuit Court of Cook County to
25prosecute or supervise the prosecution of Cook County cases,
26and excluding capital litigation expenses or services that may

 

 

HB3915- 20 -LRB101 13801 RLC 62659 b

1have been provided by the State Appellate Defender under item
2(c)(5.1) of Section 10 of the State Appellate Defender Act:
3        (1) Upon certification by the circuit court, on a form
4    created by the State Treasurer, that all or a portion of
5    the expenses are reasonable, necessary, and appropriate
6    for payment from the Trust Fund and the court's delivery of
7    the certification to the Treasurer, the Treasurer shall pay
8    the certified expenses of Public Defenders and the State
9    Appellate Defender from the money appropriated to the
10    Treasurer for capital litigation expenses of Public
11    Defenders and post-conviction proceeding expenses in
12    capital cases of the State Appellate Defender and expenses
13    in relation to petitions filed under Section 2-1401 of the
14    Code of Civil Procedure in relation to capital cases in any
15    county other than Cook County, if there are sufficient
16    moneys in the Trust Fund to pay the expenses.
17        (2) If a defendant in a capital case is represented by
18    court appointed counsel other than the Public Defender, the
19    appointed counsel shall petition the court to certify
20    compensation and capital litigation expenses including,
21    but not limited to, investigatory and other assistance,
22    expert, forensic, and other witnesses, and mitigation
23    specialists as reasonable, necessary, and appropriate for
24    payment from the Trust Fund. If a petitioner in a capital
25    case who has filed a petition for post-conviction relief
26    under Article 122 of the Code of Criminal Procedure of 1963

 

 

HB3915- 21 -LRB101 13801 RLC 62659 b

1    or a petition under Section 2-1401 of the Code of Civil
2    Procedure in relation to capital cases is represented by an
3    attorney approved by or contracted with the State Appellate
4    Defender other than the State Appellate Defender, that
5    attorney shall petition the court to certify compensation
6    and litigation expenses of post-conviction proceedings
7    under Article 122 of the Code of Criminal Procedure of 1963
8    or in relation to petitions filed under Section 2-1401 of
9    the Code of Civil Procedure in relation to capital cases.
10    Upon certification on a form created by the State Treasurer
11    of all or a portion of the compensation and expenses
12    certified as reasonable, necessary, and appropriate for
13    payment from the Trust Fund and the court's delivery of the
14    certification to the Treasurer, the State Treasurer shall
15    pay the certified compensation and expenses from the money
16    appropriated to the Treasurer for that purpose, if there
17    are sufficient moneys in the Trust Fund to make those
18    payments.
19        (3) A petition for capital litigation expenses or
20    post-conviction proceeding expenses or expenses incurred
21    in filing a petition under Section 2-1401 of the Code of
22    Civil Procedure in relation to capital cases under this
23    subsection shall be considered under seal and reviewed ex
24    parte with a court reporter present. Orders denying
25    petitions for compensation or expenses are final.
26    (j) If the Trust Fund is discontinued or dissolved by an

 

 

HB3915- 22 -LRB101 13801 RLC 62659 b

1Act of the General Assembly or by operation of law, any balance
2remaining in the Trust Fund shall be returned to the General
3Revenue Fund after deduction of administrative costs, any other
4provision of this Act to the contrary notwithstanding.
 
5    Section 90. The Freedom of Information Act is amended by
6changing Section 7.5 as follows:
 
7    (5 ILCS 140/7.5)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be exempt
10from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.
17        (c) Applications, related documents, and medical
18    records received by the Experimental Organ Transplantation
19    Procedures Board and any and all documents or other records
20    prepared by the Experimental Organ Transplantation
21    Procedures Board or its staff relating to applications it
22    has received.
23        (d) Information and records held by the Department of
24    Public Health and its authorized representatives relating

 

 

HB3915- 23 -LRB101 13801 RLC 62659 b

1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a local
21    emergency energy plan ordinance that is adopted under
22    Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information

 

 

HB3915- 24 -LRB101 13801 RLC 62659 b

1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the Capital
15    Crimes Litigation Act of 2019. This subsection (n) shall
16    apply until the conclusion of the trial of the case, even
17    if the prosecution chooses not to pursue the death penalty
18    prior to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Regional Transportation Authority under Section 2.11 of
26    the Regional Transportation Authority Act or the St. Clair

 

 

HB3915- 25 -LRB101 13801 RLC 62659 b

1    County Transit District under the Bi-State Transit Safety
2    Act.
3        (q) Information prohibited from being disclosed by the
4    Personnel Record Records Review Act.
5        (r) Information prohibited from being disclosed by the
6    Illinois School Student Records Act.
7        (s) Information the disclosure of which is restricted
8    under Section 5-108 of the Public Utilities Act.
9        (t) All identified or deidentified health information
10    in the form of health data or medical records contained in,
11    stored in, submitted to, transferred by, or released from
12    the Illinois Health Information Exchange, and identified
13    or deidentified health information in the form of health
14    data and medical records of the Illinois Health Information
15    Exchange in the possession of the Illinois Health
16    Information Exchange Authority due to its administration
17    of the Illinois Health Information Exchange. The terms
18    "identified" and "deidentified" shall be given the same
19    meaning as in the Health Insurance Portability and
20    Accountability Act of 1996, Public Law 104-191, or any
21    subsequent amendments thereto, and any regulations
22    promulgated thereunder.
23        (u) Records and information provided to an independent
24    team of experts under the Developmental Disability and
25    Mental Health Safety Act (also known as Brian's Law).
26        (v) Names and information of people who have applied

 

 

HB3915- 26 -LRB101 13801 RLC 62659 b

1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed Carry
7    Licensing Review Board under the Firearm Concealed Carry
8    Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (w) Personally identifiable information which is
11    exempted from disclosure under subsection (g) of Section
12    19.1 of the Toll Highway Act.
13        (x) Information which is exempted from disclosure
14    under Section 5-1014.3 of the Counties Code or Section
15    8-11-21 of the Illinois Municipal Code.
16        (y) Confidential information under the Adult
17    Protective Services Act and its predecessor enabling
18    statute, the Elder Abuse and Neglect Act, including
19    information about the identity and administrative finding
20    against any caregiver of a verified and substantiated
21    decision of abuse, neglect, or financial exploitation of an
22    eligible adult maintained in the Registry established
23    under Section 7.5 of the Adult Protective Services Act.
24        (z) Records and information provided to a fatality
25    review team or the Illinois Fatality Review Team Advisory
26    Council under Section 15 of the Adult Protective Services

 

 

HB3915- 27 -LRB101 13801 RLC 62659 b

1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Information which is or was prohibited from
5    disclosure by the Juvenile Court Act of 1987.
6        (cc) Recordings made under the Law Enforcement
7    Officer-Worn Body Camera Act, except to the extent
8    authorized under that Act.
9        (dd) Information that is prohibited from being
10    disclosed under Section 45 of the Condominium and Common
11    Interest Community Ombudsperson Act.
12        (ee) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14        (ff) Information that is exempted from disclosure
15    under the Revised Uniform Unclaimed Property Act.
16        (gg) Information that is prohibited from being
17    disclosed under Section 7-603.5 of the Illinois Vehicle
18    Code.
19        (hh) Records that are exempt from disclosure under
20    Section 1A-16.7 of the Election Code.
21        (ii) Information which is exempted from disclosure
22    under Section 2505-800 of the Department of Revenue Law of
23    the Civil Administrative Code of Illinois.
24        (jj) Information and reports that are required to be
25    submitted to the Department of Labor by registering day and
26    temporary labor service agencies but are exempt from

 

 

HB3915- 28 -LRB101 13801 RLC 62659 b

1    disclosure under subsection (a-1) of Section 45 of the Day
2    and Temporary Labor Services Act.
3        (kk) Information prohibited from disclosure under the
4    Seizure and Forfeiture Reporting Act.
5        (ll) Information the disclosure of which is restricted
6    and exempted under Section 5-30.8 of the Illinois Public
7    Aid Code.
8        (mm) (ll) Records that are exempt from disclosure under
9    Section 4.2 of the Crime Victims Compensation Act.
10        (nn) (ll) Information that is exempt from disclosure
11    under Section 70 of the Higher Education Student Assistance
12    Act.
13(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
14eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1599-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
16100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
178-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
18eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
19100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
2010-12-18.)
 
21    (30 ILCS 105/5.876 rep.)
22    Section 91. The State Finance Act is amended by repealing
23Section 5.876.
 
24    Section 92. The Code of Criminal Procedure of 1963 is

 

 

HB3915- 29 -LRB101 13801 RLC 62659 b

1amended by changing Sections 113-3 and 119-1 as follows:
 
2    (725 ILCS 5/113-3)  (from Ch. 38, par. 113-3)
3    Sec. 113-3. (a) Every person charged with an offense shall
4be allowed counsel before pleading to the charge. If the
5defendant desires counsel and has been unable to obtain same
6before arraignment the court shall recess court or continue the
7cause for a reasonable time to permit defendant to obtain
8counsel and consult with him before pleading to the charge. If
9the accused is a dissolved corporation, and is not represented
10by counsel, the court may, in the interest of justice, appoint
11as counsel a licensed attorney of this State.
12    (b) In all cases, except where the penalty is a fine only,
13if the court determines that the defendant is indigent and
14desires counsel, the Public Defender shall be appointed as
15counsel. If there is no Public Defender in the county or if the
16defendant requests counsel other than the Public Defender and
17the court finds that the rights of the defendant will be
18prejudiced by the appointment of the Public Defender, the court
19shall appoint as counsel a licensed attorney at law of this
20State, except that in a county having a population of 2,000,000
21or more the Public Defender shall be appointed as counsel in
22all misdemeanor cases where the defendant is indigent and
23desires counsel unless the case involves multiple defendants,
24in which case the court may appoint counsel other than the
25Public Defender for the additional defendants. The court shall

 

 

HB3915- 30 -LRB101 13801 RLC 62659 b

1require an affidavit signed by any defendant who requests
2court-appointed counsel. Such affidavit shall be in the form
3established by the Supreme Court containing sufficient
4information to ascertain the assets and liabilities of that
5defendant. The Court may direct the Clerk of the Circuit Court
6to assist the defendant in the completion of the affidavit. Any
7person who knowingly files such affidavit containing false
8information concerning his assets and liabilities shall be
9liable to the county where the case, in which such false
10affidavit is filed, is pending for the reasonable value of the
11services rendered by the public defender or other
12court-appointed counsel in the case to the extent that such
13services were unjustly or falsely procured.
14    (c) Upon the filing with the court of a verified statement
15of services rendered the court shall order the county treasurer
16of the county of trial to pay counsel other than the Public
17Defender a reasonable fee. The court shall consider all
18relevant circumstances, including but not limited to the time
19spent while court is in session, other time spent in
20representing the defendant, and expenses reasonably incurred
21by counsel. In counties with a population greater than
222,000,000, the court shall order the county treasurer of the
23county of trial to pay counsel other than the Public Defender a
24reasonable fee stated in the order and based upon a rate of
25compensation of not more than $40 for each hour spent while
26court is in session and not more than $30 for each hour

 

 

HB3915- 31 -LRB101 13801 RLC 62659 b

1otherwise spent representing a defendant, and such
2compensation shall not exceed $150 for each defendant
3represented in misdemeanor cases and $1250 in felony cases, in
4addition to expenses reasonably incurred as hereinafter in this
5Section provided, except that, in extraordinary circumstances,
6payment in excess of the limits herein stated may be made if
7the trial court certifies that such payment is necessary to
8provide fair compensation for protracted representation. A
9trial court may entertain the filing of this verified statement
10before the termination of the cause, and may order the
11provisional payment of sums during the pendency of the cause.
12    (d) In capital cases, in addition to counsel, if the court
13determines that the defendant is indigent the court may, upon
14the filing with the court of a verified statement of services
15rendered, order the county Treasurer of the county of trial to
16pay necessary expert witnesses for defendant reasonable
17compensation stated in the order not to exceed $250 for each
18defendant.
19    (e) If the court in any county having a population greater
20than 2,000,000 determines that the defendant is indigent the
21court may, upon the filing with the court of a verified
22statement of such expenses, order the county treasurer of the
23county of trial, in such counties having a population greater
24than 2,000,000 to pay the general expenses of the trial
25incurred by the defendant not to exceed $50 for each defendant.
26    (f) The provisions of this Section relating to appointment

 

 

HB3915- 32 -LRB101 13801 RLC 62659 b

1of counsel, compensation of counsel, and payment of expenses in
2capital cases apply except when the compensation and expenses
3are being provided under the Capital Crimes Litigation Act of
42019.
5(Source: P.A. 91-589, eff. 1-1-00.)
 
6    (725 ILCS 5/119-1)
7    Sec. 119-1. Death Penalty Abolition Fund penalty
8abolished.
9    (a) (Blank). Beginning on the effective date of this
10amendatory Act of the 96th General Assembly, notwithstanding
11any other law to the contrary, the death penalty is abolished
12and a sentence to death may not be imposed.
13    (b) All unobligated and unexpended moneys remaining in the
14Capital Litigation Trust Fund on the effective date of this
15amendatory Act of the 96th General Assembly shall be
16transferred into the Death Penalty Abolition Fund on the
17effective date of this amendatory Act of the 101st General
18Assembly shall be transferred into the Capital Litigation Trust
19Fund , a special fund in the State treasury, to be expended by
20the Illinois Criminal Justice Information Authority, for
21services for families of victims of homicide or murder and for
22training of law enforcement personnel.
23(Source: P.A. 96-1543, eff. 7-1-11.)
 
24    Section 93. The State Appellate Defender Act is amended by

 

 

HB3915- 33 -LRB101 13801 RLC 62659 b

1changing Section 10 as follows:
 
2    (725 ILCS 105/10)  (from Ch. 38, par. 208-10)
3    Sec. 10. Powers and duties of State Appellate Defender.
4    (a) The State Appellate Defender shall represent indigent
5persons on appeal in criminal and delinquent minor proceedings,
6when appointed to do so by a court under a Supreme Court Rule
7or law of this State.
8    (b) The State Appellate Defender shall submit a budget for
9the approval of the State Appellate Defender Commission.
10    (c) The State Appellate Defender may:
11        (1) maintain a panel of private attorneys available to
12    serve as counsel on a case basis;
13        (2) establish programs, alone or in conjunction with
14    law schools, for the purpose of utilizing volunteer law
15    students as legal assistants;
16        (3) cooperate and consult with state agencies,
17    professional associations, and other groups concerning the
18    causes of criminal conduct, the rehabilitation and
19    correction of persons charged with and convicted of crime,
20    the administration of criminal justice, and, in counties of
21    less than 1,000,000 population, study, design, develop and
22    implement model systems for the delivery of trial level
23    defender services, and make an annual report to the General
24    Assembly;
25        (4) hire investigators to provide investigative

 

 

HB3915- 34 -LRB101 13801 RLC 62659 b

1    services to appointed counsel and county public defenders;
2        (5) (blank);
3        (5.1) in cases in which a death sentence is an
4    authorized disposition, provide trial counsel with legal
5    assistance and the assistance of expert witnesses,
6    investigators, and mitigation specialists from funds
7    appropriated to the State Appellate Defender specifically
8    for that purpose by the General Assembly. The Office of
9    State Appellate Defender shall not be appointed to serve as
10    trial counsel in capital cases;
11        (5.5) provide training to county public defenders;
12        (5.7) provide county public defenders with the
13    assistance of expert witnesses and investigators from
14    funds appropriated to the State Appellate Defender
15    specifically for that purpose by the General Assembly. The
16    Office of the State Appellate Defender shall not be
17    appointed to act as trial counsel;
18        (6) develop a Juvenile Defender Resource Center to: (i)
19    study, design, develop, and implement model systems for the
20    delivery of trial level defender services for juveniles in
21    the justice system; (ii) in cases in which a sentence of
22    incarceration or an adult sentence, or both, is an
23    authorized disposition, provide trial counsel with legal
24    advice and the assistance of expert witnesses and
25    investigators from funds appropriated to the Office of the
26    State Appellate Defender by the General Assembly

 

 

HB3915- 35 -LRB101 13801 RLC 62659 b

1    specifically for that purpose; (iii) develop and provide
2    training to public defenders on juvenile justice issues,
3    utilizing resources including the State and local bar
4    associations, the Illinois Public Defender Association,
5    law schools, the Midwest Juvenile Defender Center, and pro
6    bono efforts by law firms; and (iv) make an annual report
7    to the General Assembly.
8    Investigators employed by the Capital Trial Assistance
9Unit and Capital Post Conviction Unit of the State Appellate
10Defender shall be authorized to inquire through the Illinois
11State Police or local law enforcement with the Law Enforcement
12Agencies Data System (LEADS) under Section 2605-375 of the
13Civil Administrative Code of Illinois to ascertain whether
14their potential witnesses have a criminal background,
15including, but not limited to: (i) warrants; (ii) arrests;
16(iii) convictions; and (iv) officer safety information. This
17authorization applies only to information held on the State
18level and shall be used only to protect the personal safety of
19the investigators. Any information that is obtained through
20this inquiry may not be disclosed by the investigators.
21    (c-5) For each State fiscal year, the State Appellate
22Defender shall request a direct appropriation from the Capital
23Litigation Trust Fund for expenses incurred by the State
24Appellate Defender in providing assistance to trial attorneys
25under paragraph (5.1) of subsection (c) of this Section and for
26expenses incurred by the State Appellate Defender in

 

 

HB3915- 36 -LRB101 13801 RLC 62659 b

1representing petitioners in capital cases in post-conviction
2proceedings under Article 122 of the Code of Criminal Procedure
3of 1963 and in relation to petitions filed under Section 2-1401
4of the Code of Civil Procedure in relation to capital cases and
5for the representation of those petitioners by attorneys
6approved by or contracted with the State Appellate Defender and
7an appropriation to the State Treasurer for payments from the
8Trust Fund for the defense of cases in counties other than Cook
9County. The State Appellate Defender may appear before the
10General Assembly at other times during the State's fiscal year
11to request supplemental appropriations from the Trust Fund to
12the State Treasurer.
13    (d) (Blank).
14    (e) The requirement for reporting to the General Assembly
15shall be satisfied by filing copies of the report as required
16by Section 3.1 of the General Assembly Organization Act and
17filing such additional copies with the State Government Report
18Distribution Center for the General Assembly as is required
19under paragraph (t) of Section 7 of the State Library Act.
20(Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)