093_HB2004ham001











                                     LRB093 06156 RLC 13271 a

 1                    AMENDMENT TO HOUSE BILL 2004

 2        AMENDMENT NO.     .  Amend House Bill 2004 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section  5.  The Illinois Police Training Act is amended
 6    by changing Section 6.1 as follows:

 7        (50 ILCS 705/6.1)
 8        Sec.  6.1.  Decertification  of  full-time  and part-time
 9    police officers.
10        (a)  The Board must review  police  officer  conduct  and
11    records  to  ensure  that  no  police officer is certified or
12    provided a valid waiver if that police officer has been:
13             (1)  convicted of a felony offense under the laws of
14        this State or any other state which if committed in  this
15        State would be punishable as a felony;.
16             (2)  The  Board  must  also  ensure  that  no police
17        officer is certified or provided a valid waiver  if  that
18        police  officer  has  been  convicted  on  or  after  the
19        effective  date  of  this  amendatory  Act of 1999 of any
20        misdemeanor specified in this Section or if committed  in
21        any  other  state  would be an offense similar to Section
 
                            -2-      LRB093 06156 RLC 13271 a
 1        11-6, 11-9.1, 11-14, 11-17,  11-19,  12-2,  12-15,  16-1,
 2        17-1,  17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
 3        of the Criminal Code of 1961 or to Section 5  or  5.2  of
 4        the Cannabis Control Act; or
 5             (3)  the   subject  of  an  internal  administrative
 6        determination,  conducted  pursuant  to  the  rules   and
 7        regulations  of  the law enforcement agency or department
 8        employing the police  officer,  of  knowingly  committing
 9        perjury  in  a  criminal or quasicriminal proceeding.  If
10        such a determination is conducted, then the  standard  of
11        proof  shall  be  by a preponderance of the evidence.  If
12        decertification of a law enforcement  officer  commenced,
13        where  the individual would not only be subject to losing
14        his or her employment position, but also  be  subject  to
15        fines  and  or imprisonment, then the State's Attorney of
16        the county may  file  a  charge  of  perjury  before  the
17        circuit court and the standard of proof shall be beyond a
18        reasonable  doubt.  For  the purposes of this subsection,
19        "perjury" shall have the meaning as set forth in  Section
20        32-2 of the Criminal Code of 1961.
21        The  Board  must  appoint  investigators  to  enforce the
22    duties conferred upon the Board by this Act.
23        (b)  It is the responsibility of the sheriff or the chief
24    executive officer of every local law  enforcement  agency  or
25    department  within  this  State  to  report  to the Board any
26    arrest,   administrative   determination   of   perjury,   or
27    conviction of any officer for an offense identified  in  this
28    Section.
29        (c)  It is the duty and responsibility of every full-time
30    and  part-time  police officer in this State to report to the
31    Board within 30 days, and  the  officer's  sheriff  or  chief
32    executive  officer,  of  his  or  her  arrest, administrative
33    determination  of  perjury,  or  conviction  for  an  offense
34    identified in this Section. Any full-time or part-time police
 
                            -3-      LRB093 06156 RLC 13271 a
 1    officer who knowingly makes, submits, causes to be submitted,
 2    or files a false or untruthful report to the Board must  have
 3    his  or  her certificate or waiver immediately decertified or
 4    revoked.
 5        (d)  Any person, or a local or State agency, or the Board
 6    is immune  from  liability  for  submitting,  disclosing,  or
 7    releasing     information    of    arrests,    administrative
 8    determinations of perjury, or convictions in this Section  as
 9    long  as the information is submitted, disclosed, or released
10    in good faith and without malice.  The  Board  has  qualified
11    immunity for the release of the information.
12        (e)  Any  full-time  or  part-time  police officer with a
13    certificate or waiver issued by the Board who is convicted of
14    any offense described in this Section or  is  subject  to  an
15    administrative  determination of perjury immediately  becomes
16    decertified  or  no  longer   has   a   valid   waiver.   The
17    decertification  and invalidity of waivers occurs as a matter
18    of law. Failure of a convicted person to report to the  Board
19    his  or  her  conviction  as described in this Section or any
20    continued  law  enforcement  practice   after   receiving   a
21    conviction  is a Class 4 felony.
22        (f)    The  Board's  investigators are peace officers and
23    have all the powers possessed by policemen in cities  and  by
24    sheriff's, provided that the investigators may exercise those
25    powers   anywhere  in  the  State,  only  after  contact  and
26    cooperation  with  the  appropriate  local  law   enforcement
27    authorities.
28        (g)  The  Board  must request and receive information and
29    assistance from any federal,  state,  or  local  governmental
30    agency   as   part  of  the  authorized  criminal  background
31    investigation.  The Department of State Police must  process,
32    retain,  and additionally provide and disseminate information
33    to  the   Board   concerning   criminal   charges,   arrests,
34    convictions,  and  their  disposition,  that  have been filed
 
                            -4-      LRB093 06156 RLC 13271 a
 1    before, on, or after the effective date  of  this  amendatory
 2    Act  of  the  91st  General  Assembly against a basic academy
 3    applicant, law  enforcement  applicant,  or  law  enforcement
 4    officer whose fingerprint identification cards are on file or
 5    maintained  by  the  Department of State Police.  The Federal
 6    Bureau of Investigation must provide the Board  any  criminal
 7    history  record information contained in its files pertaining
 8    to law enforcement officers  or  any  applicant  to  a  Board
 9    certified  basic law enforcement academy as described in this
10    Act based on fingerprint identification. The Board must  make
11    payment  of  fees  to the Department of State Police for each
12    fingerprint  card  submission   in   conformance   with   the
13    requirements  of  paragraph  22  of  Section 55a of the Civil
14    Administrative Code of Illinois.
15        (h)  As soon  as  possible  after  decertification  of  a
16    police  officer  based upon the police officer's perjury in a
17    criminal or quasicriminal case, the Board  shall  notify  the
18    defendant  who  was  a party to a proceeding that resulted in
19    the police officer's decertification based on the perjury.
20    (Source: P.A. 91-495, eff. 1-1-00.)

21        Section  10.  The Criminal Code of  1961  is  amended  by
22    changing Section 9-1 as follows:

23        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
24        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
25    Exceptions - Separate Hearings - Proof - Findings - Appellate
26    procedures - Reversals.
27        (a)  A  person  who  kills  an  individual without lawful
28    justification commits first degree murder if,  in  performing
29    the acts which cause the death:
30             (1)  he  either  intends  to kill or do great bodily
31        harm to that individual or another, or  knows  that  such
32        acts will cause death to that individual or another; or
 
                            -5-      LRB093 06156 RLC 13271 a
 1             (2)  he   knows  that  such  acts  create  a  strong
 2        probability  of  death  or  great  bodily  harm  to  that
 3        individual or another; or
 4             (3)  he  is  attempting  or  committing  a  forcible
 5        felony other than second degree murder.
 6        (b)  Aggravating Factors.  A defendant who at the time of
 7    the commission of the offense has attained the age of  18  or
 8    more and who has been found guilty of first degree murder may
 9    be sentenced to death if:
10             (1)  the  murdered individual was a peace officer or
11        fireman killed in the course of performing  his  official
12        duties,  to  prevent  the  performance  of  his  official
13        duties,  or  in  retaliation  for performing his official
14        duties, and the defendant knew or should have known  that
15        the  murdered  individual was a peace officer or fireman;
16        or
17             (2)  the murdered individual was an employee  of  an
18        institution or facility of the Department of Corrections,
19        or  any  similar local correctional agency, killed in the
20        course of performing his official duties, to prevent  the
21        performance of his official duties, or in retaliation for
22        performing   his   official   duties,   or  the  murdered
23        individual was an inmate at such institution or  facility
24        and  was  killed  on the grounds thereof, or the murdered
25        individual was otherwise present in such  institution  or
26        facility  with  the  knowledge  and approval of the chief
27        administrative officer thereof; or
28             (3)  the defendant has been convicted  of  murdering
29        two  or  more  individuals  under  subsection (a) of this
30        Section or under any law of the United States or  of  any
31        state which is substantially similar to subsection (a) of
32        this  Section  regardless  of whether the deaths occurred
33        as the result of the same act or of  several  related  or
34        unrelated  acts  so long as the deaths were the result of
 
                            -6-      LRB093 06156 RLC 13271 a
 1        either an intent to kill  more  than  one  person  or  of
 2        separate  acts which the defendant knew would cause death
 3        or create a strong probability of death or  great  bodily
 4        harm to the murdered individual or another; or
 5             (4)  the  murdered individual was killed as a result
 6        of the hijacking of an  airplane,  train,  ship,  bus  or
 7        other public conveyance; or
 8             (5)  the  defendant committed the murder pursuant to
 9        a contract, agreement or understanding by which he was to
10        receive  money  or  anything  of  value  in  return   for
11        committing  the  murder or procured another to commit the
12        murder for money or anything of value; or
13             (6)  the  murdered  individual  was  killed  in  the
14        course of another felony if:
15                  (a)  the murdered individual:
16                       (i)  was actually killed by the defendant,
17                  or
18                       (ii)  received      physical      injuries
19                  personally   inflicted   by    the    defendant
20                  substantially  contemporaneously  with physical
21                  injuries caused by  one  or  more  persons  for
22                  whose   conduct   the   defendant   is  legally
23                  accountable under Section 5-2 of this Code, and
24                  the physical injuries inflicted by  either  the
25                  defendant  or  the  other person or persons for
26                  whose conduct he is legally accountable  caused
27                  the death of the murdered individual; and
28                  (b)  in  performing  the  acts which caused the
29             death of the murdered individual or  which  resulted
30             in  physical  injuries  personally  inflicted by the
31             defendant  on  the  murdered  individual  under  the
32             circumstances of subdivision  (ii)  of  subparagraph
33             (a)  of  paragraph  (6)  of  subsection  (b) of this
34             Section, the defendant acted with the intent to kill
 
                            -7-      LRB093 06156 RLC 13271 a
 1             the murdered individual or with the  knowledge  that
 2             his  acts  created  a strong probability of death or
 3             great bodily harm  to  the  murdered  individual  or
 4             another; and
 5                  (c)  the other felony was an inherently violent
 6             crime  one  of  the  following: armed robbery, armed
 7             violence, robbery, predatory criminal sexual assault
 8             of a  child,  aggravated  criminal  sexual  assault,
 9             aggravated    kidnapping,    aggravated    vehicular
10             hijacking,  forcible  detention,  arson,  aggravated
11             arson,  aggravated  stalking,  burglary, residential
12             burglary, home invasion,  calculated  criminal  drug
13             conspiracy as defined in Section 405 of the Illinois
14             Controlled  Substances Act, streetgang criminal drug
15             conspiracy  as  defined  in  Section  405.2  of  the
16             Illinois Controlled Substances Act, or  the  attempt
17             to  commit  an  inherently  violent  crime.  In this
18             subparagraph   (c),   "inherently   violent   crime"
19             includes, but is  not  limited  to,  armed  robbery,
20             robbery, burglary, predatory criminal sexual assault
21             of  a  child,  criminal  sexual  assault, aggravated
22             criminal  sexual  assault,  aggravated   kidnapping,
23             aggravated  vehicular  hijacking,  aggravated arson,
24             aggravated stalking, residential burglary, and  home
25             invasion   any   of  the  felonies  listed  in  this
26             subsection (c); or
27             (7)  the murdered individual was under 12  years  of
28        age  and  the death resulted from exceptionally brutal or
29        heinous behavior indicative of wanton cruelty; or
30             (8)  the defendant committed the murder with  intent
31        to prevent the murdered individual from testifying in any
32        criminal prosecution or giving material assistance to the
33        State in any investigation or prosecution, either against
34        the  defendant or another; or the defendant committed the
 
                            -8-      LRB093 06156 RLC 13271 a
 1        murder because the murdered individual was a  witness  in
 2        any  prosecution or gave material assistance to the State
 3        in any investigation or prosecution, either  against  the
 4        defendant or another; or
 5             (9)  the  defendant,  while  committing  an  offense
 6        punishable  under Sections 401, 401.1, 401.2, 405, 405.2,
 7        407 or 407.1 or subsection (b)  of  Section  404  of  the
 8        Illinois Controlled Substances Act, or while engaged in a
 9        conspiracy   or  solicitation  to  commit  such  offense,
10        intentionally  killed   an   individual   or   counseled,
11        commanded,  induced,  procured  or caused the intentional
12        killing of the murdered individual; or
13             (10)  the   defendant   was   incarcerated   in   an
14        institution or facility of the Department of  Corrections
15        at  the  time  of  the  murder,  and  while committing an
16        offense punishable as a felony  under  Illinois  law,  or
17        while  engaged  in a conspiracy or solicitation to commit
18        such  offense,  intentionally  killed  an  individual  or
19        counseled, commanded, induced,  procured  or  caused  the
20        intentional killing of the murdered individual; or
21             (11)  the murder was committed in a cold, calculated
22        and  premeditated manner pursuant to a preconceived plan,
23        scheme or design to take a human life by unlawful  means,
24        and  the  conduct  of  the defendant created a reasonable
25        expectation that the death of a human being would  result
26        therefrom; or
27             (12)  the   murdered  individual  was  an  emergency
28        medical  technician  -   ambulance,   emergency   medical
29        technician - intermediate, emergency medical technician -
30        paramedic,  ambulance driver, or other medical assistance
31        or first aid personnel, employed  by  a  municipality  or
32        other   governmental   unit,  killed  in  the  course  of
33        performing  his   official   duties,   to   prevent   the
34        performance of his official duties, or in retaliation for
 
                            -9-      LRB093 06156 RLC 13271 a
 1        performing his official duties, and the defendant knew or
 2        should  have  known  that  the murdered individual was an
 3        emergency  medical  technician  -  ambulance,   emergency
 4        medical  technician  -  intermediate,  emergency  medical
 5        technician   -  paramedic,  ambulance  driver,  or  other
 6        medical assistance or first aid personnel; or
 7             (13)  the defendant was a  principal  administrator,
 8        organizer,  or  leader  of  a  calculated  criminal  drug
 9        conspiracy  consisting  of  a  hierarchical  position  of
10        authority  superior  to  that of all other members of the
11        conspiracy,  and  the  defendant  counseled,   commanded,
12        induced,  procured,  or caused the intentional killing of
13        the murdered person; or
14             (14)  the murder was intentional  and  involved  the
15        infliction  of  torture.  For the purpose of this Section
16        torture means the infliction of or subjection to  extreme
17        physical  pain,  motivated  by  an  intent to increase or
18        prolong the pain, suffering or agony of the victim; or
19             (15)  the murder was committed as a  result  of  the
20        intentional  discharge of a firearm by the defendant from
21        a motor vehicle and the victim was not present within the
22        motor vehicle; or
23             (16)  the murdered individual was 60 years of age or
24        older and the death resulted from exceptionally brutal or
25        heinous behavior indicative of wanton cruelty; or
26             (17)  the murdered individual was a disabled  person
27        and  the  defendant  knew  or  should have known that the
28        murdered individual was disabled.  For purposes  of  this
29        paragraph  (17),  "disabled  person"  means  a person who
30        suffers from a permanent physical  or  mental  impairment
31        resulting from disease, an injury, a functional disorder,
32        or   a  congenital  condition  that  renders  the  person
33        incapable of adequately providing  for  his  or  her  own
34        health or personal care; or
 
                            -10-     LRB093 06156 RLC 13271 a
 1             (18)  the  murder  was  committed  by  reason of any
 2        person's activity as a community policing volunteer or to
 3        prevent  any  person  from  engaging  in  activity  as  a
 4        community policing volunteer; or
 5             (19)  the murdered  individual  was  subject  to  an
 6        order  of  protection  and  the murder was committed by a
 7        person against whom the  same  order  of  protection  was
 8        issued  under the Illinois Domestic Violence Act of 1986;
 9        or
10             (20)  the  murdered  individual  was  known  by  the
11        defendant to be a teacher or other person employed in any
12        school and the teacher or  other  employee  is  upon  the
13        grounds  of  a school or grounds adjacent to a school, or
14        is in any part of a building used for school purposes; or
15             (21)  the murder was committed by the  defendant  in
16        connection  with  or  as  a  result  of  the  offense  of
17        terrorism as defined in Section 29D-30 of this Code.
18          (c)  Consideration   of   factors  in  Aggravation  and
19    Mitigation.
20        The court shall consider, or shall instruct the  jury  to
21    consider any aggravating and any mitigating factors which are
22    relevant to the imposition of the death penalty.  Aggravating
23    factors  may include but need not be limited to those factors
24    set forth in subsection (b). Mitigating factors  may  include
25    but need not be limited to the following:
26             (1)  the  defendant  has  no  significant history of
27        prior criminal activity;
28             (2)  the murder was committed  while  the  defendant
29        was  under  the  influence of extreme mental or emotional
30        disturbance, although not such as to constitute a defense
31        to prosecution;
32             (3)  the murdered individual was  a  participant  in
33        the  defendant's  homicidal  conduct  or consented to the
34        homicidal act;
 
                            -11-     LRB093 06156 RLC 13271 a
 1             (4)  the defendant acted  under  the  compulsion  of
 2        threat  or  menace of the imminent infliction of death or
 3        great bodily harm;
 4             (5)  the defendant was not personally present during
 5        commission of the act or acts causing death;.
 6             (6)  the defendant's background includes  a  history
 7        of extreme emotional or physical abuse;
 8             (7)  the  defendant  suffers  from  a reduced mental
 9        capacity.
10        (d)  Separate sentencing hearing.
11        Where requested by the State, the court shall  conduct  a
12    separate  sentencing proceeding to determine the existence of
13    factors set forth in  subsection  (b)  and  to  consider  any
14    aggravating  or mitigating factors as indicated in subsection
15    (c).  The proceeding shall be conducted:
16             (1)  before the jury that determined the defendant's
17        guilt; or
18             (2)  before a jury impanelled for the purpose of the
19        proceeding if:
20                  A.  the defendant was convicted upon a plea  of
21             guilty; or
22                  B.  the  defendant  was convicted after a trial
23             before the court sitting without a jury; or
24                  C.  the court for good cause  shown  discharges
25             the jury that determined the defendant's guilt; or
26             (3)  before  the court alone if the defendant waives
27        a jury for the separate proceeding.
28        (e)  Evidence and Argument.
29        During the proceeding any information relevant to any  of
30    the  factors  set forth in subsection (b) may be presented by
31    either the State or the defendant under the  rules  governing
32    the   admission   of   evidence   at  criminal  trials.   Any
33    information relevant to any additional aggravating factors or
34    any mitigating factors indicated in  subsection  (c)  may  be
 
                            -12-     LRB093 06156 RLC 13271 a
 1    presented  by  the  State  or  defendant  regardless  of  its
 2    admissibility  under  the  rules  governing  the admission of
 3    evidence at criminal trials.  The  State  and  the  defendant
 4    shall  be  given  fair  opportunity  to rebut any information
 5    received at the hearing.
 6        (f)  Proof.
 7        The burden of proof of establishing the existence of  any
 8    of  the  factors  set forth in subsection (b) is on the State
 9    and shall  not  be  satisfied  unless  established  beyond  a
10    reasonable doubt.
11        (g)  Procedure - Jury.
12        If  at  the separate sentencing proceeding the jury finds
13    that none of the factors set forth in subsection (b)  exists,
14    the   court  shall  sentence  the  defendant  to  a  term  of
15    imprisonment  under  Chapter  V  of  the  Unified   Code   of
16    Corrections.   If  there  is  a unanimous finding by the jury
17    that one or more of the factors set forth in  subsection  (b)
18    exist,  the  jury  shall  consider aggravating and mitigating
19    factors as  instructed  by  the  court  and  shall  determine
20    whether  the sentence of death shall be imposed.  If the jury
21    determines  unanimously,  after  weighing  the   factors   in
22    aggravation  and  mitigation,  that  death is the appropriate
23    sentence that there are no mitigating factors  sufficient  to
24    preclude  the  imposition  of  the  death sentence, the court
25    shall sentence the defendant to death.
26        If  after  weighing  the  factors  in   aggravation   and
27    mitigation,  one  or more jurors determines that death is not
28    the appropriate sentence, Unless the jury  unanimously  finds
29    that  there  are no mitigating factors sufficient to preclude
30    the imposition of the death sentence the court shall sentence
31    the defendant to a term of imprisonment under  Chapter  V  of
32    the Unified Code of Corrections.
33        (h)  Procedure - No Jury.
34        In  a  proceeding  before  the  court alone, if the court
 
                            -13-     LRB093 06156 RLC 13271 a
 1    finds that none  of  the  factors  found  in  subsection  (b)
 2    exists,  the  court shall sentence the defendant to a term of
 3    imprisonment  under  Chapter  V  of   the  Unified  Code   of
 4    Corrections.
 5        If  the  Court determines that one or more of the factors
 6    set forth in subsection (b) exists, the Court shall  consider
 7    any  aggravating  and  mitigating  factors  as  indicated  in
 8    subsection  (c).  If the Court determines, after weighing the
 9    factors in aggravation and  mitigation,  that  death  is  the
10    appropriate  sentence  that  there  are no mitigating factors
11    sufficient to preclude the imposition of the death  sentence,
12    the Court shall sentence the defendant to death.
13        If  Unless  the  court finds that there are no mitigating
14    factors sufficient to preclude the imposition of the sentence
15    of death is not the appropriate  sentence,  the  court  shall
16    sentence  the  defendant  to  a  term  of  imprisonment under
17    Chapter V of the Unified Code of Corrections.
18        (h-5)  Decertification as a capital case.
19        In a case in which the State seeks the death  penalty  as
20    an appropriate sentence, at the conclusion of all evidence in
21    the case, the court may decertify the case as a death penalty
22    case  if  the  court  makes  a  written finding that the only
23    evidence  supporting  the  defendant's  conviction   is   the
24    uncorroborated  testimony  of an in-custody informant witness
25    concerning the confession or admission of  the  defendant  or
26    that  the  sole  evidence  against  the defendant is a single
27    eyewitness   or   single   accomplice   without   any   other
28    corroborating evidence.  If a court decertifies the case, the
29    prosecution has the right to appeal the decertification prior
30    to conviction.
31        (i)  Appellate Procedure.
32        The conviction and sentence of death shall be subject  to
33    automatic  review by the Supreme Court.  Such review shall be
34    in accordance with rules promulgated by  the  Supreme  Court.
 
                            -14-     LRB093 06156 RLC 13271 a
 1    The  Illinois  Supreme Court may overturn the death sentence,
 2    and order the imposition of imprisonment under Chapter  V  of
 3    the  Unified  Code of Corrections if the court finds that the
 4    death sentence is fundamentally  unjust  as  applied  to  the
 5    particular case. If the Illinois Supreme Court finds that the
 6    death  sentence  is  fundamentally  unjust  as applied to the
 7    particular case, independent of any  procedural  grounds  for
 8    relief,  the  Illinois  Supreme  Court  shall issue a written
 9    opinion explaining this finding.
10        (j)  Disposition of reversed death sentence.
11        In the event that the death penalty in this Act  is  held
12    to  be  unconstitutional  by  the Supreme Court of the United
13    States or of the State of Illinois, any person  convicted  of
14    first degree murder shall be sentenced by the court to a term
15    of  imprisonment  under  Chapter  V  of  the  Unified Code of
16    Corrections.
17        In the event that any  death  sentence  pursuant  to  the
18    sentencing   provisions   of   this   Section   is   declared
19    unconstitutional by the Supreme Court of the United States or
20    of  the State of Illinois, the court having jurisdiction over
21    a person  previously  sentenced  to  death  shall  cause  the
22    defendant to be brought before the court, and the court shall
23    sentence the  defendant  to  a  term  of  imprisonment  under
24    Chapter V of the Unified Code of Corrections.
25    (Source: P.A.  91-357,  eff.  7-29-99;  91-434,  eff. 1-1-00;
26    92-854, eff. 12-5-02.)

27        Section 15. The Code of Criminal  Procedure  of  1963  is
28    amended by changing Sections 114-13, 116-3, 122-1 and 122-2.1
29    and  adding Article 107A and Sections 114-15, 115-21, 115-22,
30    116-5, and 122-2.2 as follows:

31        (725 ILCS 5/107A Art. heading new)
32          ARTICLE 107A.  LINEUP AND PHOTO SPREAD PROCEDURE
 
                            -15-     LRB093 06156 RLC 13271 a
 1        (725 ILCS 5/107A-5 new)
 2        Sec. 107A-5.  Lineup and photo spread procedure.
 3        (a)  All  lineups  shall  be  photographed  or  otherwise
 4    recorded. These photographs shall be disclosed to the accused
 5    and his or her defense counsel during  discovery  proceedings
 6    as  provided in Illinois Supreme Court Rules. All photographs
 7    of suspects shown to an eyewitness during  the  photo  spread
 8    shall  be  disclosed  to  the  accused and his or her defense
 9    counsel during discovery proceedings as provided in  Illinois
10    Supreme Court Rules.
11        (b)  Each  eyewitness  who views a lineup or photo spread
12    shall sign a form containing the following information:
13             (1)  The suspect might not be in the lineup or photo
14        spread and the eyewitness is not  obligated  to  make  an
15        identification.
16             (2)  The  eyewitness  should  not  assume  that  the
17        person  administering  the  lineup  or photo spread knows
18        which person is the suspect in the case.
19        (c)  Suspects in a lineup  or  photo  spread  should  not
20    appear  to  be  substantially  different  from  "fillers"  or
21    "distracters"  in  the  lineup  or photo spread, based on the
22    eyewitness' previous description of the perpetrator, or based
23    on other factors that would draw attention to the suspect.

24        (725 ILCS 5/114-13) (from Ch. 38, par. 114-13)
25        Sec. 114-13.  Discovery in criminal cases.
26        (a)  Discovery procedures in criminal cases shall  be  in
27    accordance with Supreme Court Rules.
28        (b)  Any  investigative, law enforcement, or other agency
29    responsible  for  investigating   any   felony   offense   or
30    participating  in  an  investigation  of  any felony offense,
31    other  than  defense  investigators,  shall  provide  to  the
32    authority prosecuting the offense all investigative material,
33    including but not limited to reports that have been generated
 
                            -16-     LRB093 06156 RLC 13271 a
 1    by or have come into  the  possession  of  the  investigating
 2    agency   concerning   the   offense  being  investigated.  In
 3    addition, the  investigating  agency  shall  provide  to  the
 4    prosecuting  authority any material or information within its
 5    possession or control that would tend to negate the guilt  of
 6    the  accused  of  the  offense  charged  or reduce his or her
 7    punishment for  the  offense.  Every  investigative  and  law
 8    enforcement  agency  in  this  State  shall adopt policies to
 9    ensure compliance with these standards.
10    (Source: Laws 1963, p. 2836.)

11        (725 ILCS 5/114-15 new)
12        Sec. 114-15.  Mental retardation.
13        (a)  In a first degree murder case  in  which  the  State
14    seeks the death penalty as an appropriate sentence, any party
15    may  raise the issue of the defendant's mental retardation by
16    motion. A defendant wishing to raise the issue of his or  her
17    mental  retardation shall provide written notice to the State
18    and the court as soon as the  defendant  reasonably  believes
19    such issue will be raised.
20        (b)  In  determining  whether  the  defendant is mentally
21    retarded, the mental retardation must have manifested  itself
22    by  the  age  of  18.  An intelligence quotient (IQ) of 70 or
23    below is presumptive evidence of mental retardation. IQ tests
24    and psychometric tests administered to the defendant must  be
25    the   kind   and  type  recognized  by  a  licensed  clinical
26    psychiatrist or psychologist qualified by the  court  on  the
27    issue of mental retardation. In order for the defendant to be
28    considered mentally retarded, a low IQ must be accompanied by
29    significant  deficits  in  adaptive behavior in at least 2 of
30    the following skill areas: communication,  self-care,  social
31    or   interpersonal   skills,   home  living,  self-direction,
32    academics, health and safety, use of community resources, and
33    work.
 
                            -17-     LRB093 06156 RLC 13271 a
 1        (c)  Evidence of mental retardation that did  not  result
 2    in   disqualifying  the  case  as  a  capital  case,  may  be
 3    introduced  as  evidence  in  mitigation  during  a   capital
 4    sentencing  hearing. A failure of the court to determine that
 5    the defendant is mentally  retarded  does  not  preclude  the
 6    court  during trial from allowing evidence relating to mental
 7    disability should the court deem it appropriate.
 8        (d)  If the court determines that a capital defendant  is
 9    mentally  retarded,  the case shall no longer be considered a
10    capital case and the procedural  guidelines  established  for
11    capital cases shall no longer be applicable to the defendant.
12    In that case, the defendant, if convicted, shall be sentenced
13    under  the  sentencing provisions of Chapter V of the Unified
14    Code of Corrections. A denial  of  such  a  petition  may  be
15    appealed to the Illinois Supreme Court.

16        (725 ILCS 5/115-21 new)
17        Sec. 115-21.  Informant testimony.
18        (a)  For  the purposes of this Section, "informant" means
19    someone who is purporting to testify about admissions made to
20    him or her by the  accused  while  incarcerated  in  a  penal
21    institution contemporaneously.
22        (b)  This  Section  applies  to any capital case in which
23    the   prosecution   attempts   to   introduce   evidence   of
24    incriminating statements made by the accused to an informant.
25        (c)  In any case  under  this  Section,  the  prosecution
26    shall timely disclose in discovery:
27             (1)  the complete criminal history of the informant;
28             (2)  any  deal, promise, inducement, or benefit that
29        the offering party has made or will make in the future to
30        the informant;
31             (3)  the statements made by the accused;
32             (4)  the time and place of the statements, the  time
33        and   place   of  their  disclosure  to  law  enforcement
 
                            -18-     LRB093 06156 RLC 13271 a
 1        officials, and the names of all persons who were  present
 2        when the statements were made;
 3             (5)  whether at any time the informant recanted that
 4        testimony  or statement and, if so, the time and place of
 5        the recantation, the nature of the recantation,  and  the
 6        names of the persons who were present at the recantation;
 7             (6)  other  cases  of which the prosecution is aware
 8        in which the informant testified against an individual or
 9        offered a statement against an  individual,  and  whether
10        the  informant received any deal, promise, inducement, or
11        benefit in exchange for or subsequent to  that  testimony
12        or statement; and
13             (7)  any   other   information   relevant   to   the
14        informant's credibility.
15        (d)  This   Section   applies   to   all   death  penalty
16    prosecutions initiated on or after the effective date of this
17    amendatory Act of the 93rd General Assembly.

18        (725 ILCS 5/115-22 new)
19        Sec.  115-22.  Witness  inducements.   When   the   State
20    intends  to introduce the testimony of a witness in a capital
21    case,  the  State  shall,  before  trial,  disclose  to   the
22    defendant  and  to  his  or her defense counsel the following
23    information, which shall be reduced to writing:
24             (1)  whether  the  witness  has  received  anything,
25        including pay, immunity  from  prosecution,  leniency  in
26        prosecution,  or  personal  advantage,  in  exchange  for
27        testimony;
28             (2)  any  other  case in which the witness testified
29        or offered statements against an individual but  was  not
30        called,  and  whether the statements were admitted in the
31        case, and whether the witness received any deal, promise,
32        inducement, or benefit in exchange for that testimony  or
33        statement;
 
                            -19-     LRB093 06156 RLC 13271 a
 1             (3)  whether the witness has ever changed his or her
 2        testimony;
 3             (4)  the criminal history of the witness; and
 4             (5)  any  other evidence relevant to the credibility
 5        of the witness.

 6        (725 ILCS 5/116-3)
 7        Sec. 116-3.  Motion for fingerprint or  forensic  testing
 8    not available at trial regarding actual innocence.
 9        (a)  A defendant may make a motion before the trial court
10    that  entered  the  judgment of conviction in his or her case
11    for the performance of fingerprint or forensic  DNA  testing,
12    including  comparison analysis of genetic marker groupings of
13    the evidence collected by criminal justice agencies  pursuant
14    to  the  alleged offense, to those of the defendant, to those
15    of other forensic evidence, and  to  those  maintained  under
16    subsection  (f)  of  Section  5-4-3  of  the  Unified Code of
17    Corrections, on evidence that was secured in relation to  the
18    trial  which resulted in his or her conviction, but which was
19    not subject to the testing which is now requested because the
20    technology for the testing was not available at the  time  of
21    trial.   Reasonable notice of the motion shall be served upon
22    the State.
23        (b)  The defendant must present a prima facie case that:
24             (1)  identity was  the  issue  in  the  trial  which
25        resulted in his or her conviction; and
26             (2)  the evidence to be tested has been subject to a
27        chain  of custody sufficient to establish that it has not
28        been substituted, tampered with, replaced, or altered  in
29        any material aspect.
30        (c)  The  trial  court  shall  allow  the  testing  under
31    reasonable   conditions   designed  to  protect  the  State's
32    interests in the integrity of the evidence  and  the  testing
33    process upon a determination that:
 
                            -20-     LRB093 06156 RLC 13271 a
 1             (1)  the  result  of  the testing has the scientific
 2        potential  to   produce   new,   noncumulative   evidence
 3        materially  relevant  to  the  defendant's  assertion  of
 4        actual   innocence   even  though  the  results  may  not
 5        completely exonerate the defendant;
 6             (2)  the  testing  requested  employs  a  scientific
 7        method generally accepted within the relevant  scientific
 8        community.
 9    (Source: P.A. 90-141, eff. 1-1-98.)

10        (725 ILCS 5/116-5 new)
11        Sec.  116-5.  Motion  for  DNA  database  search (genetic
12    marker groupings comparison analysis).
13        (a)  Upon motion by a defendant charged with any  offense
14    where   DNA   evidence   may   be  material  to  the  defense
15    investigation or relevant at trial, a court may order  a  DNA
16    database  search  by  the  Department  of  State Police. Such
17    analysis may include comparing:
18             (1)  the genetic profile from forensic evidence that
19        was secured in relation to the trial against the  genetic
20        profile of the defendant,
21             (2)  the   genetic  profile  of  items  of  forensic
22        evidence secured in relation  to  trial  to  the  genetic
23        profile of other forensic evidence secured in relation to
24        trial, or
25             (3)  the    genetic    profiles   referred   to   in
26        subdivisions (1) and (2) against:
27                  (i)  genetic profiles of  offenders  maintained
28             under subsection (f) of Section 5-4-3 of the Unified
29             Code of Corrections, or
30                  (ii)  genetic   profiles,   including  but  not
31             limited to, profiles from unsolved crimes maintained
32             in state or local DNA databases by  law  enforcement
33             agencies.
 
                            -21-     LRB093 06156 RLC 13271 a
 1        (b)  If  appropriate  federal criteria are met, the court
 2    may order the Department  of  State  Police  to  request  the
 3    National  DNA  index system to search its database of genetic
 4    profiles.
 5        (c)  Reasonable notice of the motion shall be served upon
 6    the State.

 7        (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
 8        Sec. 122-1. Petition in the trial court.
 9        (a)  Any  person  imprisoned  in  the  penitentiary   may
10    institute  a  proceeding under this Article if the person who
11    asserts that:
12             (1)  in the proceedings which resulted in his or her
13        conviction there was a substantial denial of his  or  her
14        rights  under the Constitution of the United States or of
15        the State  of  Illinois  or  both;  or  may  institute  a
16        proceeding under this Article.
17             (2)  the  death  penalty  was  imposed  and there is
18        newly discovered evidence not available to the person  at
19        the  time  of  the proceeding that resulted in his or her
20        conviction  that  establishes  a  substantial  basis   to
21        believe  that the defendant is actually innocent by clear
22        and convincing evidence.
23        (a-5)  A proceeding under paragraph (2) of subsection (a)
24    may be commenced within a reasonable period of time after the
25    person's conviction notwithstanding any other  provisions  of
26    this   Article.   In   such  a  proceeding  regarding  actual
27    innocence, if the court determines the petition is  frivolous
28    or  is  patently without merit, it shall dismiss the petition
29    in a written order,  specifying  the  findings  of  fact  and
30    conclusions  of  law  it  made in reaching its decision. Such
31    order of dismissal is a final judgment and  shall  be  served
32    upon  the  petitioner by certified mail within 10 days of its
33    entry.
 
                            -22-     LRB093 06156 RLC 13271 a
 1        (b)  The proceeding shall be commenced by filing with the
 2    clerk of the court in  which  the  conviction  took  place  a
 3    petition   (together   with   a  copy  thereof)  verified  by
 4    affidavit.  Petitioner shall also serve another copy upon the
 5    State's Attorney by any of the methods provided in Rule 7  of
 6    the  Supreme  Court.  The clerk shall docket the petition for
 7    consideration by the court pursuant to Section  122-2.1  upon
 8    his or her receipt thereof and bring the same promptly to the
 9    attention of the court.
10        (c)  Except as otherwise provided in subsection (a-5), if
11    the  petitioner  is  under  sentence of death, no proceedings
12    under this Article shall be  commenced  more  than  6  months
13    after  the  denial of a petition for certiorari to the United
14    States Supreme Court on direct appeal, or more than 6  months
15    from the date for filing such a petition if none is filed.
16        When  a  defendant  has  a  sentence other than death, no
17    proceedings under this Article shall be commenced more than 6
18    months after the denial of the Petition for Leave  to  Appeal
19    to the Illinois Supreme Court, or more than 6 months from the
20    date for filing such a petition if none is filed.
21        This  limitation does not apply to a petition advancing a
22    claim of actual innocence. no proceedings under this  Article
23    shall  be  commenced more than 6 months after the denial of a
24    petition for leave  to appeal or the date for filing  such  a
25    petition  if  none  is  filed  or more than 45 days after the
26    defendant files his  or  her  brief  in  the  appeal  of  the
27    sentence  before  the Illinois Supreme Court (or more than 45
28    days after the deadline for the  filing  of  the  defendant's
29    brief  with  the Illinois Supreme Court if no brief is filed)
30    or 3 years from the date of conviction, whichever is  sooner,
31    unless  the  petitioner  alleges facts showing that the delay
32    was not due to his or her culpable negligence.
33        (d)  A person seeking relief by filing a  petition  under
34    this Section must specify in the petition or its heading that
 
                            -23-     LRB093 06156 RLC 13271 a
 1    it  is  filed  under  this  Section.   A trial court that has
 2    received a petition complaining of a conviction  or  sentence
 3    that  fails to specify in the petition or its heading that it
 4    is filed under this Section need not evaluate the petition to
 5    determine whether it could otherwise have stated some grounds
 6    for relief under this Article.
 7        (e)  A proceeding under this Article may not be commenced
 8    on behalf of a defendant who  has  been  sentenced  to  death
 9    without  the  written  consent  of  the defendant, unless the
10    defendant, because of a  mental  or  physical  condition,  is
11    incapable of asserting his or her own claim.
12    (Source:  P.A.  89-284,  eff.  1-1-96;  89-609,  eff. 1-1-97;
13    89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)

14        (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
15        Sec. 122-2.1. (a) Within 90 days  after  the  filing  and
16    docketing  of  each  petition,  the  court shall examine such
17    petition and enter an order thereon pursuant to this Section.
18             (1)  If the petitioner is under  sentence  of  death
19        and  is  without  counsel  and alleges that he is without
20        means to procure counsel, he shall state whether  or  not
21        he  wishes  counsel to be appointed to represent him.  If
22        appointment of counsel is so requested, the  court  shall
23        appoint  counsel  if satisfied that the petitioner has no
24        means to procure counsel.
25             (2)  If the petitioner is sentenced to  imprisonment
26        and  the court determines the petition is frivolous or is
27        patently without merit, it shall dismiss the petition  in
28        a  written  order,  specifying  the  findings of fact and
29        conclusions of law it  made  in  reaching  its  decision.
30        Such  order of dismissal is a final judgment and shall be
31        served upon the petitioner by certified  mail  within  10
32        days of its entry.
33        (b)  If  the  petition  is not dismissed pursuant to this
 
                            -24-     LRB093 06156 RLC 13271 a
 1    Section, the court shall order the petition  to  be  docketed
 2    for  further  consideration in accordance with Sections 122-4
 3    through 122-6. If the petitioner is under sentence of  death,
 4    the court shall order the petition to be docketed for further
 5    consideration  and  hearing  within one year of the filing of
 6    the petition.
 7        (c)  In considering a petition pursuant to this  Section,
 8    the  court  may  examine  the court file of the proceeding in
 9    which the petitioner was convicted, any action  taken  by  an
10    appellate  court  in  such  proceeding and any transcripts of
11    such proceeding.
12    (Source: P.A. 86-655; 87-904.)

13        (725 ILCS 5/122-2.2 new)
14        Sec.  122-2.2.  Mental  retardation  and  post-conviction
15    relief.
16        (a)  In cases in which a defendant has been convicted  of
17    first-degree  murder,  sentenced  to death, and is in custody
18    pending execution of the sentence  of  death,  the  following
19    procedures shall apply:
20             (1)  Notwithstanding  any  other provision of law or
21        rule of court, a defendant may seek relief from the death
22        sentence through a petition  for  post-conviction  relief
23        under  this  Article  alleging  that  the  defendant  was
24        mentally  retarded at the time the offense was alleged to
25        have been committed.
26             (2)  The petition must be filed within 180  days  of
27        the  effective  date  of  this amendatory Act of the 93rd
28        General Assembly or within 180 days of  the  issuance  of
29        the  mandate  by  the  Illinois Supreme Court setting the
30        date of execution, whichever is later.
31        (b)  All  other  provisions  of  this  Article  governing
32    petitions  for  post-conviction  relief  shall  apply  to   a
33    petition   for   post-conviction   relief   alleging   mental
 
                            -25-     LRB093 06156 RLC 13271 a
 1    retardation.

 2        Section 20.  The Capital Crimes Litigation Act is amended
 3    by changing Sections 15 and 19 as follows:

 4        (725 ILCS 124/15)
 5        (Section scheduled to be repealed on July 1, 2004)
 6        Sec. 15.  Capital Litigation Trust Fund.
 7        (a)  The  Capital  Litigation  Trust Fund is created as a
 8    special fund in the State Treasury.  The Trust Fund shall  be
 9    administered by the State Treasurer to provide moneys for the
10    appropriations   to  be  made,  grants  to  be  awarded,  and
11    compensation and expenses to be paid under  this  Act.    All
12    interest  earned  from  the  investment  or deposit of moneys
13    accumulated in the Trust Fund shall, under Section 4.1 of the
14    State Finance Act,  be deposited into the Trust Fund.
15        (b)  Moneys deposited into the Trust Fund  shall  not  be
16    considered general revenue of the State of Illinois.
17        (c)  Moneys  deposited  into the Trust Fund shall be used
18    exclusively for the purposes of  providing  funding  for  the
19    prosecution  and defense of capital cases as provided in this
20    Act and shall not be appropriated, loaned, or in  any  manner
21    transferred  to  the  General  Revenue  Fund  of the State of
22    Illinois.
23        (d)  Every fiscal year the State Treasurer shall transfer
24    from the General Revenue Fund to the Capital Litigation Trust
25    Fund  an  amount  equal  to  the  full   amount   of   moneys
26    appropriated  by  the  General Assembly (both by original and
27    supplemental appropriation), less any unexpended balance from
28    the previous fiscal year, from the Capital  Litigation  Trust
29    Fund for the specific purpose of making funding available for
30    the  prosecution  and  defense  of capital cases.  The Public
31    Defender and State's  Attorney  in  Cook  County,  the  State
32    Appellate   Defender,   the   State's   Attorneys   Appellate
 
                            -26-     LRB093 06156 RLC 13271 a
 1    Prosecutor,  and  the  Attorney  General  shall  make  annual
 2    requests for appropriations from the Trust Fund.
 3             (1)  The   Public  Defender  in  Cook  County  shall
 4        request  appropriations  to  the  State   Treasurer   for
 5        expenses  incurred by the Public Defender and for funding
 6        for private appointed defense counsel in Cook  County.
 7             (2)  The  State's  Attorney  in  Cook  County  shall
 8        request an  appropriation  to  the  State  Treasurer  for
 9        expenses incurred by the State's Attorney.
10             (3)  The  State  Appellate  Defender shall request a
11        direct appropriation from the  Trust  Fund  for  expenses
12        incurred  by  the  State  Appellate Defender in providing
13        assistance  to  trial  attorneys  under  item  (c)(5)  of
14        Section 10 of the State Appellate  Defender  Act  and  an
15        appropriation  to  the  State Treasurer for payments from
16        the Trust Fund for the defense of cases in counties other
17        than Cook County.
18             (4)  The  State's  Attorneys  Appellate   Prosecutor
19        shall  request a direct appropriation from the Trust Fund
20        to  pay  expenses  incurred  by  the  State's   Attorneys
21        Appellate  Prosecutor  and  an appropriation to the State
22        Treasurer for payments from the Trust Fund  for  expenses
23        incurred by State's Attorneys in counties other than Cook
24        County.
25             (5)  The  Attorney  General  shall  request a direct
26        appropriation  from  the  Trust  Fund  to  pay   expenses
27        incurred by the Attorney General in assisting the State's
28        Attorneys in counties other than Cook County.
29        The  Public Defender and State's Attorney in Cook County,
30    the State Appellate Defender, the State's Attorneys Appellate
31    Prosecutor,  and  the  Attorney  General  may  each   request
32    supplemental  appropriations  from  the Trust Fund during the
33    fiscal year.
34        (e)  Moneys in the Trust Fund shall be expended  only  as
 
                            -27-     LRB093 06156 RLC 13271 a
 1    follows:
 2             (1)  To   pay   the   State   Treasurer's  costs  to
 3        administer the Trust Fund.  The amount for  this  purpose
 4        may  not  exceed  5% in any one fiscal year of the amount
 5        otherwise appropriated from the Trust Fund  in  the  same
 6        fiscal year.
 7             (2)  To pay the capital litigation expenses of trial
 8        defense  including,  but  not  limited  to,  DNA testing,
 9        including DNA testing under Section 116-3 of the Code  of
10        Criminal   Procedure   of   1963,  analysis,  and  expert
11        testimony, investigatory and  other  assistance,  expert,
12        forensic,    and    other   witnesses,   and   mitigation
13        specialists,  and  grants  and  aid  provided  to  public
14        defenders  or  assistance  to  attorneys  who  have  been
15        appointed by the court to represent  defendants  who  are
16        charged with capital crimes.
17             (3)  To  pay  the  compensation  of trial attorneys,
18        other than public defenders, who have been  appointed  by
19        the  court  to  represent defendants who are charged with
20        capital crimes.
21             (4)  To provide State's Attorneys with  funding  for
22        capital  litigation  expenses  including, but not limited
23        to,  investigatory  and  other  assistance  and   expert,
24        forensic,  and  other  witnesses  necessary to  prosecute
25        capital cases.  State's Attorneys  in  any  county  other
26        than  Cook  County seeking funding for capital litigation
27        expenses including, but not limited to, investigatory and
28        other assistance and expert, forensic, or other witnesses
29        under this Section may request that the State's Attorneys
30        Appellate Prosecutor or the Attorney General, as the case
31        may be, certify the expenses  as  reasonable,  necessary,
32        and  appropriate  for  payment  from the Trust Fund, on a
33        form created by the State Treasurer.  Upon  certification
34        of  the expenses and delivery of the certification to the
 
                            -28-     LRB093 06156 RLC 13271 a
 1        State Treasurer, the Treasurer  shall  pay  the  expenses
 2        directly  from the Capital Litigation Trust Fund if there
 3        are sufficient moneys  in  the  Trust  Fund  to  pay  the
 4        expenses.
 5             (5)  To   provide   financial  support  through  the
 6        Attorney General pursuant to the Attorney General Act for
 7        the several county  State's  Attorneys  outside  of  Cook
 8        County,  but  shall not be used to increase personnel for
 9        the Attorney General's Office.
10             (6)  To  provide  financial  support   through   the
11        State's  Attorneys  Appellate  Prosecutor pursuant to the
12        State's Attorneys  Appellate  Prosecutor's  Act  for  the
13        several  county State's Attorneys outside of Cook County,
14        but shall not be  used  to  increase  personnel  for  the
15        State's Attorneys Appellate Prosecutor.
16             (7)  To  provide  financial  support  to  the  State
17        Appellate   Defender  pursuant  to  the  State  Appellate
18        Defender Act.
19        Moneys expended from the Trust Fund shall be in  addition
20    to county funding for Public Defenders and State's Attorneys,
21    and  shall  not  be  used  to supplant or reduce ordinary and
22    customary county funding.
23        (f)  Moneys in the Trust Fund shall  be  appropriated  to
24    the State Appellate Defender, the State's Attorneys Appellate
25    Prosecutor,  the  Attorney  General, and the State Treasurer.
26    The State Appellate Defender shall receive  an  appropriation
27    from  the  Trust  Fund  to enable it to provide assistance to
28    appointed defense counsel throughout the State and to  Public
29    Defenders in counties other than Cook.  The State's Attorneys
30    Appellate  Prosecutor  and the Attorney General shall receive
31    appropriations from the Trust Fund to enable them to  provide
32    assistance  to  State's Attorneys in counties other than Cook
33    County.  Moneys shall be appropriated to the State  Treasurer
34    to  enable  the  Treasurer (i) to make grants to Cook County,
 
                            -29-     LRB093 06156 RLC 13271 a
 1    (ii) to pay the expenses  of  Public  Defenders  and  State's
 2    Attorneys  in  counties  other than Cook County, (iii) to pay
 3    the expenses and compensation of appointed defense counsel in
 4    counties other than Cook County, and (iv) to pay the costs of
 5    administering the Trust Fund.  All  expenditures  and  grants
 6    made  from  the  Trust  Fund shall be subject to audit by the
 7    Auditor General.
 8        (g)  For Cook County, grants from the Trust Fund shall be
 9    made and administered as follows:
10             (1)  For  each  State  fiscal  year,   the   State's
11        Attorney  and  Public  Defender must each make a separate
12        application to the State Treasurer for capital litigation
13        grants.
14             (2)  The State Treasurer shall establish  rules  and
15        procedures  for  grant  applications.   The  rules  shall
16        require  the Cook County Treasurer as the grant recipient
17        to report on a periodic basis to the State Treasurer  how
18        much  of  the  grant  has  been expended, how much of the
19        grant is remaining, and the purposes for which the  grant
20        has  been  used.   The  rules  may  also require the Cook
21        County Treasurer to certify  on  a  periodic  basis  that
22        expenditures  of  the  funds  have been made for expenses
23        that  are  reasonable,  necessary,  and  appropriate  for
24        payment from the Trust Fund.
25             (3)  The State Treasurer shall make  the  grants  to
26        the  Cook  County Treasurer as soon as possible after the
27        beginning of the State fiscal year.
28             (4)  The State's Attorney  or  Public  Defender  may
29        apply for supplemental grants during the fiscal year.
30             (5)  Grant  moneys  shall be paid to the Cook County
31        Treasurer in block grants and held in  separate  accounts
32        for  the State's Attorney, the Public Defender, and court
33        appointed defense counsel  other  than  the  Cook  County
34        Public  Defender, respectively, for the designated fiscal
 
                            -30-     LRB093 06156 RLC 13271 a
 1        year, and are not subject to county appropriation.
 2             (6)  Expenditure  of   grant   moneys   under   this
 3        subsection  (g)  is  subject  to  audit  by  the  Auditor
 4        General.
 5             (7)  The  Cook  County  Treasurer  shall immediately
 6        make payment from the appropriate separate account in the
 7        county treasury for capital litigation  expenses  to  the
 8        State's  Attorney,  Public  Defender,  or court appointed
 9        defense counsel other than the Public  Defender,  as  the
10        case  may  be, upon order of the State's Attorney, Public
11        Defender or the court, respectively.
12        (h)  If a defendant in a capital case in Cook  County  is
13    represented  by  court  appointed counsel other than the Cook
14    County Public Defender, the appointed counsel shall  petition
15    the court for an order directing the Cook County Treasurer to
16    pay  the  court  appointed counsel's reasonable and necessary
17    compensation  and  capital  litigation  expenses  from  grant
18    moneys provided from the Trust Fund. These petitions shall be
19    considered  in  camera.    Orders   denying   petitions   for
20    compensation  or expenses are final. Counsel may not petition
21    for expenses that may have been provided  or  compensated  by
22    the  State Appellate Defender under item (c)(5) of Section 10
23    of the State Appellate Defender Act.
24        (i)  In counties other than Cook  County,  and  excluding
25    capital  litigation  expenses  or services that may have been
26    provided by the State Appellate Defender under item (c)(5) of
27    Section 10 of the State Appellate Defender Act:
28             (1)  Upon certification by the circuit court,  on  a
29        form  created  by  the  State  Treasurer,  that  all or a
30        portion of the expenses are  reasonable,  necessary,  and
31        appropriate  for  payment  from  the  Trust  Fund and the
32        court's delivery of the certification to  the  Treasurer,
33        the  Treasurer shall pay the certified expenses of Public
34        Defenders from the money appropriated  to  the  Treasurer
 
                            -31-     LRB093 06156 RLC 13271 a
 1        for  capital  litigation  expenses of Public Defenders in
 2        any  county  other  than  Cook  County,  if   there   are
 3        sufficient moneys in the Trust Fund to pay the expenses.
 4             (2)  If a defendant in a capital case is represented
 5        by   court   appointed  counsel  other  than  the  Public
 6        Defender, the appointed counsel shall petition the  court
 7        to  certify  compensation and capital litigation expenses
 8        including, but not limited to,  investigatory  and  other
 9        assistance,  expert,  forensic,  and other witnesses, and
10        mitigation  specialists  as  reasonable,  necessary,  and
11        appropriate  for  payment  from  the  Trust  Fund.   Upon
12        certification on a form created by the State Treasurer of
13        all  or  a  portion  of  the  compensation  and  expenses
14        certified as reasonable, necessary, and  appropriate  for
15        payment  from  the Trust Fund and the court's delivery of
16        the certification to the Treasurer, the  State  Treasurer
17        shall  pay  the  certified compensation and expenses from
18        the money appropriated to the Treasurer for that purpose,
19        if there are sufficient moneys in the Trust Fund to  make
20        those payments.
21             (3)  A  petition  for  capital  litigation  expenses
22        under  this  subsection  shall  be  considered in camera.
23        Orders denying petitions for compensation or expenses are
24        final.
25        (j)  If the Trust Fund is discontinued or dissolved by an
26    Act of the General Assembly  or  by  operation  of  law,  any
27    balance  remaining in the Trust Fund shall be returned to the
28    General Revenue Fund after deduction of administrative costs,
29    any  other  provision   of   this   Act   to   the   contrary
30    notwithstanding.
31    (Source: P.A. 91-589, eff. 1-1-00.)

32        (725 ILCS 124/19)
33        (Section scheduled to be repealed on July 1, 2004)
 
                            -32-     LRB093 06156 RLC 13271 a
 1        Sec. 19.  Report; repeal.
 2        (a)  The  Cook  County  Public  Defender, the Cook County
 3    State's Attorney, the State Appellate Defender,  the  State's
 4    Attorneys  Appellate  Prosecutor,  and  the  Attorney General
 5    shall each report  separately  to  the  General  Assembly  by
 6    January  1,  2004  detailing the amounts of money received by
 7    them through this Act, the uses for which  those  funds  were
 8    expended,  the  balances then in the Capital Litigation Trust
 9    Fund  or county accounts, as the case may  be,  dedicated  to
10    them  for  the use and support of Public Defenders, appointed
11    trial defense counsel, and State's Attorneys, as the case may
12    be.  The report shall  describe  and  discuss  the  need  for
13    continued   funding   through   the   Fund  and  contain  any
14    suggestions for changes to this Act.
15        (b)  (Blank).  Unless  the  General   Assembly   provides
16    otherwise, this Act is repealed on July 1, 2004.
17    (Source: P.A. 91-589, eff. 1-1-00.)

18        Section  25.  The  Unified Code of Corrections is amended
19    by changing Section 5-4-3 as follows:

20        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
21        Sec. 5-4-3.  Persons convicted of,  or  found  delinquent
22    for,   certain  offenses  or  institutionalized  as  sexually
23    dangerous; specimens; genetic marker groups.
24        (a)  Any person convicted  of,  found  guilty  under  the
25    Juvenile Court Act of 1987 for, or who received a disposition
26    of  court supervision for, a qualifying offense or attempt of
27    a qualifying  offense,  convicted  or  found  guilty  of  any
28    offense  classified  as  a  felony  under Illinois law, found
29    guilty or given supervision for any offense classified  as  a
30    felony   under   the   Juvenile   Court   Act   of  1987,  or
31    institutionalized as a sexually dangerous  person  under  the
32    Sexually  Dangerous  Persons  Act, or committed as a sexually
 
                            -33-     LRB093 06156 RLC 13271 a
 1    violent person under the Sexually Violent Persons  Commitment
 2    Act shall, regardless of the sentence or disposition imposed,
 3    be  required  to submit specimens of blood, saliva, or tissue
 4    to the Illinois Department of State Police in accordance with
 5    the provisions of this Section, provided such person is:
 6             (1)  convicted of a qualifying offense or attempt of
 7        a qualifying  offense  on  or  after  July  1,  1990  the
 8        effective  date  of  this  amendatory  Act  of  1989, and
 9        sentenced   to   a   term   of   imprisonment,   periodic
10        imprisonment, fine, probation, conditional  discharge  or
11        any  other  form  of  sentence, or given a disposition of
12        court supervision for the offense;, or
13             (1.5)  found guilty or given supervision  under  the
14        Juvenile  Court  Act  of 1987 for a qualifying offense or
15        attempt of a qualifying offense on or  after  January  1,
16        1997;  the effective date of this amendatory Act of 1996,
17        or
18             (2)  ordered   institutionalized   as   a   sexually
19        dangerous person on or after July 1, 1990; the  effective
20        date of this amendatory Act of 1989, or
21             (3)  convicted of a qualifying offense or attempt of
22        a  qualifying  offense  before July 1, 1990 the effective
23        date of this amendatory Act  of  1989  and  is  presently
24        confined  as  a  result  of  such conviction in any State
25        correctional facility or  county  jail  or  is  presently
26        serving a sentence of probation, conditional discharge or
27        periodic imprisonment as a result of such conviction;, or
28             (3.5)  convicted  or  found  guilty  of  any offense
29        classified as a felony under Illinois law or found guilty
30        or given  supervision  for  such  an  offense  under  the
31        Juvenile  Court  Act of 1987 on or after August 22, 2002;
32        the effective date  of this amendatory Act  of  the  92nd
33        General Assembly, or
34             (4)  presently   institutionalized   as  a  sexually
 
                            -34-     LRB093 06156 RLC 13271 a
 1        dangerous person  or  presently  institutionalized  as  a
 2        person  found guilty but mentally ill of a sexual offense
 3        or attempt to commit a sexual offense; or
 4             (4.5)  ordered  committed  as  a  sexually   violent
 5        person  on  or  after  the effective date of the Sexually
 6        Violent Persons Commitment Act; or
 7             (5)  seeking transfer to or  residency  in  Illinois
 8        under  Sections 3-3-11.05 through 3-3-11.5 of the Unified
 9        Code of Corrections and the Interstate Compact for  Adult
10        Offender  Supervision  or  the  Interstate  Agreements on
11        Sexually Dangerous Persons Act.
12        Notwithstanding other provisions  of  this  Section,  any
13    person  incarcerated in a facility of the Illinois Department
14    of Corrections on or after August 22, 2002 the effective date
15    of this amendatory Act of the 92nd General Assembly shall  be
16    required  to  submit  a  specimen of blood, saliva, or tissue
17    prior to his or her release on parole or mandatory supervised
18    release, as a condition of his or  her  parole  or  mandatory
19    supervised release.
20        (a-5)  Any  person  who  was  otherwise  convicted  of or
21    received a disposition of court  supervision  for  any  other
22    offense  under  the  Criminal  Code  of 1961 or who was found
23    guilty or given supervision for such a  violation  under  the
24    Juvenile  Court  Act of 1987, may, regardless of the sentence
25    imposed, be required by an  order  of  the  court  to  submit
26    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
27    Department  of State Police in accordance with the provisions
28    of this Section.
29        (b)  Any person required by paragraphs (a)(1),  (a)(1.5),
30    (a)(2),  (a)(3.5),  and  (a-5) to provide specimens of blood,
31    saliva, or tissue shall provide specimens of  blood,  saliva,
32    or tissue within 45 days after sentencing or disposition at a
33    collection  site  designated  by  the  Illinois Department of
34    State Police.
 
                            -35-     LRB093 06156 RLC 13271 a
 1        (c)  Any person required by  paragraphs  (a)(3),  (a)(4),
 2    and (a)(4.5) to provide specimens of blood, saliva, or tissue
 3    shall  be  required  to  provide  such samples prior to final
 4    discharge, parole, or release at a collection site designated
 5    by the Illinois Department of State Police.
 6        (c-5)  Any person required by paragraph (a)(5) to provide
 7    specimens of blood, saliva, or tissue shall, where  feasible,
 8    be  required  to  provide the specimens before being accepted
 9    for conditioned residency in Illinois  under  the  interstate
10    compact or agreement, but no later than 45 days after arrival
11    in this State.
12        (c-6)  The   Illinois  Department  of  State  Police  may
13    determine which type of specimen or specimens, blood, saliva,
14    or tissue, is acceptable for submission to  the  Division  of
15    Forensic Services for analysis.
16        (d)  The   Illinois  Department  of  State  Police  shall
17    provide all equipment  and  instructions  necessary  for  the
18    collection of blood samples.  The collection of samples shall
19    be   performed  in  a  medically  approved  manner.   Only  a
20    physician authorized to practice medicine, a registered nurse
21    or  other  qualified  person  trained  in  venipuncture   may
22    withdraw  blood  for  the  purposes of this Act.  The samples
23    shall thereafter be forwarded to the Illinois  Department  of
24    State Police, Division of Forensic Services, for analysis and
25    categorizing into genetic marker groupings.
26        (d-1)  The  Illinois  Department  of  State  Police shall
27    provide all equipment  and  instructions  necessary  for  the
28    collection  of  saliva  samples.   The  collection  of saliva
29    samples shall be performed in a  medically  approved  manner.
30    Only  a person trained in the instructions promulgated by the
31    Illinois State Police on collecting saliva may collect saliva
32    for  the  purposes  of  this  Section.   The  samples   shall
33    thereafter  be  forwarded to the Illinois Department of State
34    Police, Division  of  Forensic  Services,  for  analysis  and
 
                            -36-     LRB093 06156 RLC 13271 a
 1    categorizing into genetic marker groupings.
 2        (d-2)  The  Illinois  Department  of  State  Police shall
 3    provide all equipment  and  instructions  necessary  for  the
 4    collection  of  tissue  samples.   The  collection  of tissue
 5    samples shall be performed in a  medically  approved  manner.
 6    Only  a person trained in the instructions promulgated by the
 7    Illinois State Police on collecting tissue may collect tissue
 8    for  the  purposes  of  this  Section.   The  samples   shall
 9    thereafter  be  forwarded to the Illinois Department of State
10    Police, Division  of  Forensic  Services,  for  analysis  and
11    categorizing into genetic marker groupings.
12        (d-5)  To  the  extent  that  funds  are  available,  the
13    Illinois  Department  of  State  Police  shall  contract with
14    qualified  personnel  and  certified  laboratories  for   the
15    collection, analysis, and categorization of known samples.
16        (e)  The  genetic marker groupings shall be maintained by
17    the Illinois Department of State Police, Division of Forensic
18    Services.
19        (f)  The genetic  marker  grouping  analysis  information
20    obtained pursuant to this Act shall be confidential and shall
21    be  released  only to peace officers of the United States, of
22    other states or territories, of the  insular  possessions  of
23    the  United  States,  of foreign countries duly authorized to
24    receive the same, to all  peace  officers  of  the  State  of
25    Illinois  and  to  all prosecutorial agencies, and to defense
26    counsel as provided by Section 116-5 of the Code of  Criminal
27    Procedure  of  1963.    The  genetic marker grouping analysis
28    information obtained pursuant to this Act shall be used  only
29    for  (i) valid law enforcement identification purposes and as
30    required  by  the  Federal  Bureau   of   Investigation   for
31    participation in the National DNA database or (ii) technology
32    validation  purposes or (iii) assisting in the defense of the
33    criminally accused pursuant to Section 116-5 of the  Code  of
34    Criminal   Procedure  of  1963.   Notwithstanding  any  other
 
                            -37-     LRB093 06156 RLC 13271 a
 1    statutory provision to the contrary, all information obtained
 2    under this Section shall be maintained in a single State data
 3    base, which may be uploaded into  a  national  database,  and
 4    which  information  may be subject to expungement only as set
 5    forth in subsection (f-1).
 6        (f-1)  Upon receipt of notification of a  reversal  of  a
 7    conviction based on actual innocence, or of the granting of a
 8    pardon  pursuant  to  Section 12 of Article V of the Illinois
 9    Constitution, if that  pardon  document  specifically  states
10    that  the reason for the pardon is the actual innocence of an
11    individual whose DNA record has been stored in the  State  or
12    national  DNA  identification  index  in accordance with this
13    Section by the Illinois Department of State Police,  the  DNA
14    record  shall  be expunged from the DNA identification index,
15    and the Department shall  by  rule  prescribe  procedures  to
16    ensure  that  the  record and any samples, analyses, or other
17    documents relating to such record, whether in the  possession
18    of the Department or any law enforcement or police agency, or
19    any  forensic  DNA  laboratory,  including  any duplicates or
20    copies thereof, are destroyed and a letter  is  sent  to  the
21    court verifying the expungement is completed.
22        (f-5)  Any  person  who intentionally uses genetic marker
23    grouping  analysis  information,  or  any  other  information
24    derived from a DNA sample,  beyond  the  authorized  uses  as
25    provided  under  this  Section, or any other Illinois law, is
26    guilty of a Class 4 felony, and shall be subject to a fine of
27    not less than $5,000.
28        (g)  For  the  purposes  of  this  Section,   "qualifying
29    offense" means any of the following:
30             (1)  any  violation or inchoate violation of Section
31        11-6, 11-9.1, 11-11, 11-18.1,  12-15,  or  12-16  of  the
32        Criminal Code of 1961;, or
33             (1.1)  any   violation   or  inchoate  violation  of
34        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
 
                            -38-     LRB093 06156 RLC 13271 a
 1        18-3, 18-4, 19-1, or 19-2 of the Criminal  Code  of  1961
 2        for  which  persons  are  convicted  on  or after July 1,
 3        2001;, or
 4             (2)  any former statute of this State which  defined
 5        a felony sexual offense;, or
 6             (3)  (blank);, or
 7             (4)  any   inchoate   violation  of  Section  9-3.1,
 8        11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of  1961;,
 9        or
10             (5)  any  violation or inchoate violation of Article
11        29D of the Criminal Code of 1961.
12        (g-5)  (Blank).
13        (h)  The Illinois Department of State Police shall be the
14    State central repository  for  all  genetic  marker  grouping
15    analysis  information  obtained  pursuant  to  this Act.  The
16    Illinois Department of State Police may promulgate rules  for
17    the  form  and  manner of the collection of blood, saliva, or
18    tissue samples and other procedures for the operation of this
19    Act.  The provisions of the Administrative Review  Law  shall
20    apply to all actions taken under the rules so promulgated.
21        (i)  A  person  required  to  provide a blood, saliva, or
22    tissue specimen shall cooperate with the  collection  of  the
23    specimen  and  any  deliberate act by that person intended to
24    impede, delay or stop the collection of the blood, saliva, or
25    tissue specimen is a Class A misdemeanor.
26        (j)  Any person required  by  subsection  (a)  to  submit
27    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
28    Department  of  State  Police for analysis and categorization
29    into genetic  marker  grouping,  in  addition  to  any  other
30    disposition,  penalty, or fine imposed, shall pay an analysis
31    fee of $200.  If the analysis fee is not paid at the time  of
32    sentencing, the court shall establish a fee schedule by which
33    the  entire amount of the analysis fee shall be paid in full,
34    such schedule not to  exceed  24  months  from  the  time  of
 
                            -39-     LRB093 06156 RLC 13271 a
 1    conviction.  The inability to pay this analysis fee shall not
 2    be the sole ground to incarcerate the person.
 3        (k)  All analysis and categorization fees provided for by
 4    subsection (j) shall be regulated as follows:
 5             (1)  The  State  Offender  DNA Identification System
 6        Fund is hereby created as a special  fund  in  the  State
 7        Treasury.
 8             (2)  All fees shall be collected by the clerk of the
 9        court   and   forwarded   to   the   State  Offender  DNA
10        Identification System Fund for deposit.  The clerk of the
11        circuit court may retain the  amount  of  $10  from  each
12        collected  analysis  fee  to  offset administrative costs
13        incurred in carrying  out  the  clerk's  responsibilities
14        under this Section.
15             (3)  Fees  deposited  into  the  State  Offender DNA
16        Identification System Fund  shall  be  used  by  Illinois
17        State  Police  crime  laboratories  as  designated by the
18        Director of  State  Police.   These  funds  shall  be  in
19        addition  to  any  allocations  made pursuant to existing
20        laws and shall be designated for  the  exclusive  use  of
21        State  crime  laboratories.   These uses may include, but
22        are not limited to, the following:
23                  (A)  Costs incurred in providing  analysis  and
24             genetic   marker   categorization   as  required  by
25             subsection (d).
26                  (B)  Costs  incurred  in  maintaining   genetic
27             marker groupings as required by subsection (e).
28                  (C)  Costs   incurred   in   the  purchase  and
29             maintenance  of  equipment  for  use  in  performing
30             analyses.
31                  (D)  Costs incurred in continuing research  and
32             development  of  new  techniques  for  analysis  and
33             genetic marker categorization.
34                  (E)  Costs  incurred  in  continuing education,
 
                            -40-     LRB093 06156 RLC 13271 a
 1             training, and professional development  of  forensic
 2             scientists regularly employed by these laboratories.
 3        (l)  The failure of a person to provide a specimen, or of
 4    any person or agency to collect a specimen, within the 45 day
 5    period  shall in no way alter the obligation of the person to
 6    submit such  specimen,  or  the  authority  of  the  Illinois
 7    Department  of  State  Police  or  persons  designated by the
 8    Department to collect the specimen, or the authority  of  the
 9    Illinois  Department  of  State Police to accept, analyze and
10    maintain the specimen or to maintain  or  upload  results  of
11    genetic  marker grouping analysis information into a State or
12    national database.
13    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
14    92-40, eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600,  eff.
15    6-28-02;  92-829, eff. 8-22-02; 92-854, eff. 12-5-02; revised
16    1-20-03.)

17        Section 95.  Severability.  The provisions  of  this  Act
18    are severable under Section 1.31 of the Statute on Statutes.

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.".