093_HB3691

 
                                     LRB093 09562 RLC 09800 b

 1        AN ACT in relation to criminal matters.

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

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Illinois Independent Forensic Laboratory Act.

 6        Section 2. Illinois Independent Forensic Laboratory.
 7        (a)  There is created the Illinois  Independent  Forensic
 8    Laboratory.  The  Laboratory  shall be governed by a board of
 9    directors consisting of 5 members appointed by the  Governor.
10    Each  member  of  the board of directors shall serve a 4-year
11    term, except that 3 of the initial members appointed  to  the
12    board of directors after the effective date of this Act shall
13    each  serve  a  2-year  term.  The  members  of  the board of
14    directors shall by a vote of 3 members chose a chairperson to
15    serve a 2-year term. The presence of 3 members of  the  board
16    of directors shall constitute a quorum to do business.
17        (b)  Members  of  the  board  of  directors  shall  serve
18    without  compensation,  but shall be reimbursed for necessary
19    expenses  incurred  in  the  performance  of  their   duties.
20    Vacancies  on  the  board of directors shall be filled by the
21    Governor. A member of the board  of  directors  appointed  to
22    fill  a  vacancy  shall  serve  for the unexpired term of the
23    member whom he or she is succeeding.
24        (c)  The members of the board of  directors  shall  by  a
25    majority  vote  hire an Executive Director who shall serve at
26    the  pleasure  of  the  board  of  directors.  The  Executive
27    Director shall manage the operations of the Laboratory  under
28    the  direction  of  the  board  of  directors.  The Executive
29    Director shall hire such personnel as are necessary to  carry
30    out the operations of the Laboratory with the approval of the
31    board of directors.
 
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 1        (d)  The  Illinois  Independent Forensic Laboratory shall
 2    conduct  forensic  testing  for  Illinois   law   enforcement
 3    agencies.  Notwithstanding any other law to the contrary, all
 4    functions related to forensic testing by  the  Department  of
 5    State  Police  shall  instead  be  performed  by the Illinois
 6    Independent Forensic Laboratory, and the board  of  directors
 7    and  the  Department  of  State  Police  shall  enter  into a
 8    cooperative agreement to transfer appropriate assets.

 9        Section  5.  The  Attorney  General  Act  is  amended  by
10    changing Section 4 as follows:

11        (15 ILCS 205/4) (from Ch. 14, par. 4)
12        Sec. 4.  The duties of the Attorney General shall be--
13        First  -  To  appear  for and represent the people of the
14    State before the supreme court in  all  cases  in  which  the
15    State   or   the   people   of   the  State  are  interested.
16    Notwithstanding this provision, the Office of Public  Counsel
17    shall  be authorized to represent the interests of the people
18    of  the  State  in  all  proceedings  pertinent  to   utility
19    regulation,  including  cases before the supreme court, where
20    any such case is properly brought by the Office  pursuant  to
21    its statutory duties and powers.
22        Second  -  To  institute  and  prosecute  all actions and
23    proceedings in favor of or for the use of  the  State,  which
24    may  be necessary in the execution of the duties of any State
25    officer.
26        Third - To defend all actions and proceedings against any
27    State officer, in his official capacity, in any of the courts
28    of this State or the United States.
29        Fourth - To consult with and advise the  several  State's
30    Attorneys  in matters relating to the duties of their office;
31    and when, in his judgment, the interest of the people of  the
32    State  requires  it,  he  shall attend the trial of any party
 
                            -3-      LRB093 09562 RLC 09800 b
 1    accused of crime, and assist in the  prosecution.   When  the
 2    Attorney  General  has  requested  in  writing that a State's
 3    Attorney initiate court proceedings to enforce any provisions
 4    of the Election Code or to initiate  a  criminal  prosecution
 5    with  respect  to  a violation of the Election Code, and when
 6    the State's Attorney has  declined  in  writing  to  initiate
 7    those   proceedings  or  prosecutions  or  when  the  State's
 8    Attorney   has   neither   initiated   the   proceedings   or
 9    prosecutions nor responded in writing to the Attorney General
10    within 60 days of the receipt of the  request,  the  Attorney
11    General  may,  concurrently  with  or  independently  of  the
12    State's Attorney, initiate such proceedings  or prosecutions.
13        Fifth - To investigate alleged violations of the statutes
14    which  the  Attorney  General  has  a  duty to enforce and to
15    conduct other investigations in connection with assisting  in
16    the  prosecution  of  a  criminal offense at the request of a
17    State's Attorney.
18        Sixth - To consult with and advise the governor and other
19    State officers, and give, when  requested,  written  opinions
20    upon  all  legal  or constitutional questions relating to the
21    duties of such officers respectively.
22        Seventh - To prepare, when necessary, proper  drafts  for
23    contracts  and  other  writings relating to subjects in which
24    the State is interested.
25        Eighth - To give  written  opinions,  when  requested  by
26    either  branch  of  the  general  assembly,  or any committee
27    thereof, upon constitutional or legal questions.
28        Ninth -  To  enforce  the  proper  application  of  funds
29    appropriated   to  the  public  institutions  of  the  State,
30    prosecute breaches of trust in  the  administration  of  such
31    funds,   and,  when  necessary,  prosecute  corporations  for
32    failure or refusal to make the reports required by law.
33        Tenth - To keep, a register of all  cases  prosecuted  or
34    defended  by him, in behalf of the State or its officers, and
 
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 1    of all proceedings had in relation thereto,  and  to  deliver
 2    the same to his successor in office.
 3        Eleventh  -  To  keep on file in his office a copy of the
 4    official opinions issued by the Attorney General and  deliver
 5    same to his successor.
 6        Twelfth  -  To  pay  into  the  State treasury all moneys
 7    received by him for the use of the State.
 8        Thirteenth - To attend to  and  perform  any  other  duty
 9    which may, from time to time, be required of him by law.
10        Fourteenth - To attend, present evidence to and prosecute
11    indictments returned by each Statewide Grand Jury.
12        Fifteenth - To publish a guide based on the United States
13    Department   of   State   manual  for  state  and  local  law
14    enforcement agencies of their notification obligations  under
15    the  Vienna Convention on Consular Relations and to regularly
16    review measures taken by  State  and  Local  law  enforcement
17    agencies  to  ensure  full  compliance  with the notification
18    obligations.
19    (Source: P.A. 87-466.)

20        Section 10. The State Police Act  is  amended  by  adding
21    Section 9.5 as follows:

22        (20 ILCS 2610/9.5 new)
23        Sec.  9.5. Curricula relating to the arrest and detention
24    of  foreign  nationals.  The  Board  shall  require   persons
25    appointed  as  Department  of  State  Police  officers  to be
26    instructed  on   consular   rights   and   the   notification
27    obligations to be followed during the arrest and detention of
28    foreign   nationals   under   the  protocols  of  the  Vienna
29    Convention on Consular Relations.

30        Section 15.  The Illinois  Criminal  Justice  Information
31    Act is amended by changing Section 7 as follows:
 
                            -5-      LRB093 09562 RLC 09800 b
 1        (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
 2        Sec. 7.  Powers and Duties.  The Authority shall have the
 3    following powers, duties and responsibilities:
 4             (a)  To    develop    and    operate   comprehensive
 5        information systems for the improvement and  coordination
 6        of  all  aspects  of  law  enforcement,  prosecution  and
 7        corrections;
 8             (b)  To  define,  develop,  evaluate  and  correlate
 9        State and local programs and projects associated with the
10        improvement  of law enforcement and the administration of
11        criminal justice;
12             (c)  To act as a  central  repository  and  clearing
13        house  for  federal,  state  and  local research studies,
14        plans, projects, proposals and other information relating
15        to all aspects of criminal justice system improvement and
16        to encourage educational programs for citizen support  of
17        State and local efforts to make such improvements;
18             (d)  To   undertake   research  studies  to  aid  in
19        accomplishing its purposes;
20             (e)  To monitor the operation of  existing  criminal
21        justice  information  systems  in  order  to  protect the
22        constitutional rights and privacy  of  individuals  about
23        whom   criminal   history  record  information  has  been
24        collected;
25             (f)  To provide an  effective  administrative  forum
26        for   the   protection   of  the  rights  of  individuals
27        concerning criminal history record information;
28             (g)  To issue regulations, guidelines and procedures
29        which ensure the privacy and security of criminal history
30        record information  consistent  with  State  and  federal
31        laws;
32             (h)  To  act  as the sole administrative appeal body
33        in the State of Illinois to  conduct  hearings  and  make
34        final  determinations concerning individual challenges to
 
                            -6-      LRB093 09562 RLC 09800 b
 1        the completeness and accuracy of criminal history  record
 2        information;
 3             (i)  To  act as the sole, official, criminal justice
 4        body in the State  of  Illinois  to  conduct  annual  and
 5        periodic   audits   of   the  procedures,  policies,  and
 6        practices of the State central repositories for  criminal
 7        history  record  information  to  verify  compliance with
 8        federal and state laws  and  regulations  governing  such
 9        information;
10             (j)  To  advise the Authority's Statistical Analysis
11        Center;
12             (k)  To apply  for,  receive,  establish  priorities
13        for,  allocate,  disburse  and spend grants of funds that
14        are made available by and received on or after January 1,
15        1983 from private  sources  or  from  the  United  States
16        pursuant  to  the  federal  Crime Control Act of 1973, as
17        amended, and similar federal legislation,  and  to  enter
18        into  agreements  with  the  United  States government to
19        further the purposes of this Act, or as may  be  required
20        as a condition of obtaining federal funds;
21             (l)  To  receive,  expend and account for such funds
22        of the State of Illinois as  may  be  made  available  to
23        further the purposes of this Act;
24             (m)  To  enter  into contracts and to cooperate with
25        units of general local government or combinations of such
26        units,  State  agencies,  and  criminal  justice   system
27        agencies  of other states for the purpose of carrying out
28        the duties of the Authority imposed by this Act or by the
29        federal Crime Control Act of 1973, as amended;
30             (n)  To enter  into  contracts  and  cooperate  with
31        units  of  general  local government outside of Illinois,
32        other states' agencies, and private organizations outside
33        of Illinois to provide computer software or  design  that
34        has  been  developed  for  the  Illinois criminal justice
 
                            -7-      LRB093 09562 RLC 09800 b
 1        system, or to participate in the cooperative  development
 2        or  design  of  new software or systems to be used by the
 3        Illinois criminal justice system.  Revenues received as a
 4        result of such arrangements shall  be  deposited  in  the
 5        Criminal Justice Information Systems Trust Fund.
 6             (o)  To   establish   general   policies  concerning
 7        criminal justice information systems  and  to  promulgate
 8        such  rules,  regulations and procedures as are necessary
 9        to the operation of the  Authority  and  to  the  uniform
10        consideration of appeals and audits;
11             (p)  To  advise  and  to make recommendations to the
12        Governor and the General Assembly on policies relating to
13        criminal justice information systems;
14             (q)  To  direct  all  other   agencies   under   the
15        jurisdiction   of   the   Governor  to  provide  whatever
16        assistance and information  the  Authority  may  lawfully
17        require to carry out its functions;
18             (r)  To   exercise   any   other   powers  that  are
19        reasonable and necessary to fulfill the  responsibilities
20        of  the  Authority  under this Act and to comply with the
21        requirements of applicable federal law or regulation;
22             (s)  To exercise the rights, powers and duties which
23        have been  vested  in  the  Authority  by  the  "Illinois
24        Uniform  Conviction Information Act", enacted by the 85th
25        General Assembly, as hereafter amended; and
26             (t)  To exercise the rights, powers and duties which
27        have been vested in the Authority by the  Illinois  Motor
28        Vehicle Theft Prevention Act; and.
29             (u)  To  establish  a  publicly  accessible database
30        containing data collected from  each  circuit  judge  and
31        associate  judge  assigned  to  try  first  degree murder
32        cases.  The  database  shall  contain  data  about  first
33        degree  murder  cases including details about the trials,
34        backgrounds of the defendants,  and  the  bases  for  the
 
                            -8-      LRB093 09562 RLC 09800 b
 1        sentences  imposed.   Each  circuit  judge  and associate
 2        judge assigned to try first  degree  murder  cases  shall
 3        submit  to  the  Administrative  Office  of  the Illinois
 4        Courts a form containing  information  about  each  first
 5        degree murder trial, the background of the defendant, and
 6        the  basis for the sentence imposed.  Each form collected
 7        by the Administrative Office of the Illinois Courts  from
 8        an  individual  case  is  not  a  public  record  but the
 9        collective data obtained  from  the  forms  is  a  public
10        record;  provided  that  the  collective  data  does  not
11        identify  an  individual  court,  defendant,  or specific
12        case.
13        The requirement for reporting  to  the  General  Assembly
14    shall  be  satisfied  by filing copies of the report with the
15    Speaker, the Minority Leader and the Clerk of  the  House  of
16    Representatives  and  the  President, the Minority Leader and
17    the Secretary of the  Senate  and  the  Legislative  Research
18    Unit, as required by Section 3.1 of "An Act to revise the law
19    in  relation  to the General Assembly", approved February 25,
20    1874, as amended, and filing such additional copies with  the
21    State  Government  Report Distribution Center for the General
22    Assembly as is required under paragraph (t) of Section  7  of
23    the State Library Act.
24    (Source: P.A. 85-922; 86-1408.)

25        Section  20.  The Illinois Police Training Act is amended
26    by changing Sections 6.1 and 7 as follows:

27        (50 ILCS 705/6.1)
28        Sec.  6.1.  Decertification  of  full-time  and part-time
29    police officers.
30        (a)  The Board must review  police  officer  conduct  and
31    records  to  ensure  that  no  police officer is certified or
32    provided a valid waiver if that police officer has been:
 
                            -9-      LRB093 09562 RLC 09800 b
 1             (1)  convicted of a felony offense under the laws of
 2        this State or any other state which if committed in  this
 3        State would be punishable as a felony;.
 4             (2)  The  Board  must  also  ensure  that  no police
 5        officer is certified or provided a valid waiver  if  that
 6        police  officer  has  been  convicted  on  or  after  the
 7        effective  date  of  this  amendatory  Act of 1999 of any
 8        misdemeanor specified in this Section or if committed  in
 9        any  other  state  would be an offense similar to Section
10        11-6, 11-9.1, 11-14, 11-17,  11-19,  12-2,  12-15,  16-1,
11        17-1,  17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
12        of the Criminal Code of 1961 or to Section 5  or  5.2  of
13        the Cannabis Control Act; or
14             (3)  the subject of an administrative determination,
15        conducted  pursuant  to  the rules and regulations of the
16        law enforcement agency or department employing the police
17        officer, of knowingly committing perjury  in  a  criminal
18        proceeding.    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
 
                            -10-     LRB093 09562 RLC 09800 b
 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
 
                            -11-     LRB093 09562 RLC 09800 b
 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    (Source: P.A. 91-495, eff. 1-1-00.)

16        (50 ILCS 705/7) (from Ch. 85, par. 507)
17        Sec. 7. Rules and standards for schools.  The Board shall
18    adopt rules and minimum  standards  for  such  schools  which
19    shall include but not be limited to the following:
20        a.  The curriculum for probationary police officers which
21    shall  be  offered by all certified schools shall include but
22    not be limited to courses  of  arrest,  search  and  seizure,
23    civil  rights, human relations, criminal law, law of criminal
24    procedure, vehicle  and  traffic  law,  traffic  control  and
25    accident  investigation,  techniques  of  obtaining  physical
26    evidence,  court  testimonies,  statements, reports, firearms
27    training,      first-aid      (including      cardiopulmonary
28    resuscitation), handling of juvenile  offenders,  recognition
29    of  mental  conditions which require immediate assistance and
30    methods to safeguard and provide assistance to  a  person  in
31    need  of  mental  treatment,  law of evidence, the hazards of
32    high-speed  police  vehicle  chases  with  an   emphasis   on
33    alternatives  to the high-speed chase, and physical training.
 
                            -12-     LRB093 09562 RLC 09800 b
 1    The curriculum shall also  include  instruction  on  consular
 2    rights and the notification obligations to be followed during
 3    the  arrest  and  detention  of  foreign  nationals under the
 4    protocols of the Vienna Convention on Consular Relations. The
 5    curriculum shall include specific training in techniques  for
 6    immediate  response to and investigation of cases of domestic
 7    violence and of sexual assault of adults  and  children.  The
 8    curriculum  for  permanent  police officers shall include but
 9    not be limited to (1) refresher and  in-service  training  in
10    any  of  the  courses  listed above in this subparagraph, (2)
11    advanced courses in any of the subjects listed above in  this
12    subparagraph, (3) training for supervisory personnel, and (4)
13    specialized training in subjects and fields to be selected by
14    the board.
15        b.  Minimum courses of study, attendance requirements and
16    equipment requirements.
17        c.  Minimum requirements for instructors.
18        d.  Minimum   basic   training   requirements,   which  a
19    probationary  police  officer  must  satisfactorily  complete
20    before being eligible for permanent employment as a local law
21    enforcement officer for a  participating  local  governmental
22    agency.   Those  requirements shall include training in first
23    aid (including cardiopulmonary resuscitation).
24        e.  Minimum  basic   training   requirements,   which   a
25    probationary  county  corrections officer must satisfactorily
26    complete before being eligible for permanent employment as  a
27    county   corrections   officer   for  a  participating  local
28    governmental agency.
29        f.  Minimum   basic   training   requirements   which   a
30    probationary  court  security  officer  must   satisfactorily
31    complete  before being eligible for permanent employment as a
32    court security officer for a participating local governmental
33    agency.    The   Board   shall   establish   those   training
34    requirements   which   it  considers  appropriate  for  court
 
                            -13-     LRB093 09562 RLC 09800 b
 1    security officers and shall certify schools to  conduct  that
 2    training.
 3        A  person hired to serve as a court security officer must
 4    obtain from the Board a certificate (i) attesting to  his  or
 5    her  successful  completion  of  the  training  course;  (ii)
 6    attesting to his or her satisfactory completion of a training
 7    program  of similar content and number of hours that has been
 8    found acceptable by the Board under the  provisions  of  this
 9    Act; or (iii) attesting to the Board's determination that the
10    training  course  is  unnecessary  because  of  the  person's
11    extensive prior law enforcement experience.
12        Individuals   who   currently  serve  as  court  security
13    officers shall be deemed qualified to continue  to  serve  in
14    that  capacity  so  long as they are certified as provided by
15    this Act within 24 months  of  the  effective  date  of  this
16    amendatory Act of 1996.  Failure to be so certified, absent a
17    waiver from the Board, shall cause the officer to forfeit his
18    or her position.
19        All  individuals  hired  as court security officers on or
20    after the effective date of this amendatory Act of 1996 shall
21    be certified within 12 months of  the  date  of  their  hire,
22    unless a waiver has been obtained by the Board, or they shall
23    forfeit their positions.
24        The  Sheriff's  Merit  Commission,  if one exists, or the
25    Sheriff's Office if there is no Sheriff's  Merit  Commission,
26    shall  maintain  a  list  of  all  individuals who have filed
27    applications to become court security officers and  who  meet
28    the  eligibility  requirements  established  under  this Act.
29    Either the  Sheriff's  Merit  Commission,  or  the  Sheriff's
30    Office   if  no  Sheriff's  Merit  Commission  exists,  shall
31    establish a schedule of reasonable intervals for verification
32    of the applicants'  qualifications  under  this  Act  and  as
33    established by the Board.
34    (Source:  P.A.  88-661,  eff.  1-1-95;  89-685,  eff. 6-1-97;
 
                            -14-     LRB093 09562 RLC 09800 b
 1    89-707, eff. 6-1-97.)

 2        Section  25. The Counties Code  is  amended  by  changing
 3    Section 3-4006 as follows:

 4        (55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
 5        Sec.  3-4006.   Duties  of  public  defender.  The Public
 6    Defender, as directed by the court, shall  act  as  attorney,
 7    without  fee,  before  any  court  within  any county for all
 8    persons who are held in custody or who are charged  with  the
 9    commission  of  any criminal offense, and who the court finds
10    are unable to employ counsel.
11        The Public Defender shall be the attorney,  without  fee,
12    when  so  appointed  by  the  court under Section 1-20 of the
13    Juvenile Court Act or Section 1-5 of the Juvenile  Court  Act
14    of  1987  or  by any court under Section 5(b) of the Parental
15    Notice of Abortion Act of 1983 for any party  who  the  court
16    finds is financially unable to employ counsel.
17        The  Public Defender may act as attorney, without fee and
18    appointment by the court, for a person in custody during  the
19    person's  interrogation  regarding  first  degree  murder for
20    which the death penalty may be imposed,  if  the  person  has
21    requested  the  advice  of  counsel and there is a reasonable
22    belief   that   the   person   is   indigent.   Any   further
23    representation of the person by the Public Defender shall  be
24    pursuant  to  Section 109-1 of the Code of Criminal Procedure
25    of 1963.
26        Every court shall, with the consent of the defendant  and
27    where  the court finds that the rights of the defendant would
28    be prejudiced by the  appointment  of  the  public  defender,
29    appoint  counsel  other  than  the public defender, except as
30    otherwise provided in Section 113-3 of the "Code of  Criminal
31    Procedure  of  1963". That counsel shall be compensated as is
32    provided by law. He shall also, in the case of the conviction
 
                            -15-     LRB093 09562 RLC 09800 b
 1    of any such person, prosecute any proceeding in review  which
 2    in his judgment the interests of justice require.
 3    (Source: P.A. 86-962.)

 4        Section   30.   The  Criminal  Code of 1961 is amended by
 5    changing Sections 8-4, 9-1, and 14-3 as follows:

 6        (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
 7        Sec. 8-4.  Attempt.
 8        (a)  Elements of the Offense.
 9        A person commits an attempt when, with intent to commit a
10    specific  offense,  he  does  any  act  which  constitutes  a
11    substantial step toward the commission of that offense.
12        (b)  Impossibility.
13        It shall not be a defense to a  charge  of  attempt  that
14    because  of  a  misapprehension of the circumstances it would
15    have been impossible for the accused to  commit  the  offense
16    attempted.
17        (c)  Sentence.
18        A  person  convicted  of  an  attempt  may  be  fined  or
19    imprisoned or both not to exceed the maximum provided for the
20    offense  attempted  but,  except for an attempt to commit the
21    offense defined in Section 33A-2 of this Act,
22             (1)  the sentence for attempt to commit first degree
23        murder is the sentence for a Class X felony, except that
24                  (A)  an attempt to commit first  degree  murder
25             when   at  least  one  of  the  aggravating  factors
26             specified in paragraphs (1) and,  (2)  and  (12)  of
27             subsection  (b) of Section 9-1 is present is a Class
28             X felony for which the sentence shall be a  term  of
29             imprisonment  of not less than 20 years and not more
30             than 80 years;
31                  (A-5)  an attempt to commit first degree murder
32             of an  emergency  medical  technician  -  ambulance,
 
                            -16-     LRB093 09562 RLC 09800 b
 1             emergency   medical   technician   -   intermediate,
 2             emergency  medical technician - paramedic, ambulance
 3             driver, or other medical  assistance  or  first  aid
 4             provider  (i)  while that provider was employed by a
 5             municipality or other governmental unit,  (ii)  when
 6             that provider was acting in the course of performing
 7             official duties, when the defendant acted to prevent
 8             the  provider  from  performing  official duties, or
 9             when the defendant  acted  in  retaliation  for  the
10             provider  performing official duties, and (iii) when
11             the defendant knew or should  have  known  that  the
12             individual  was  an  emergency  medical technician -
13             ambulance,   emergency    medical    technician    -
14             intermediate,   emergency   medical   technician   -
15             paramedic,   ambulance   driver,  or  other  medical
16             assistant or first aid provider, is a Class X felony
17             for  which  the  sentence  shall  be   a   term   of
18             imprisonment  of not less than 20 years and not more
19             than 80 years;
20                  (B)  an attempt to commit first  degree  murder
21             while  armed  with a firearm is a Class X felony for
22             which 15  years  shall  be  added  to  the  term  of
23             imprisonment imposed by the court;
24                  (C)  an  attempt  to commit first degree murder
25             during which  the  person  personally  discharged  a
26             firearm is a Class X felony for which 20 years shall
27             be  added to the term of imprisonment imposed by the
28             court;
29                  (D)  an attempt to commit first  degree  murder
30             during  which  the  person  personally  discharged a
31             firearm that proximately caused great  bodily  harm,
32             permanent  disability,  permanent  disfigurement, or
33             death to another person, is a  Class  X  felony  for
34             which 25 years or up to a term of natural life shall
 
                            -17-     LRB093 09562 RLC 09800 b
 1             be  added to the term of imprisonment imposed by the
 2             court.
 3             (2)  the sentence for attempt to commit  a  Class  X
 4        felony is the sentence for a Class 1 felony;
 5             (3)  the  sentence  for  attempt to commit a Class 1
 6        felony is the sentence for a Class 2 felony;
 7             (4)  the sentence for attempt to commit  a  Class  2
 8        felony is the sentence for a Class 3 felony; and
 9             (5)  the  sentence  for attempt to commit any felony
10        other than those specified in subsections (1),  (2),  (3)
11        and (4) hereof is the sentence for a Class A misdemeanor.
12    (Source: P.A. 91-404, eff. 1-1-00; 91-696, eff. 4-13-00.)

13        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
14        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
15    Exceptions - Separate Hearings - Proof - Findings - Appellate
16    procedures - Reversals.
17        (a)  A  person  who  kills  an  individual without lawful
18    justification commits first degree murder if,  in  performing
19    the acts which cause the death:
20             (1)  he  either  intends  to kill or do great bodily
21        harm to that individual or another, or  knows  that  such
22        acts will cause death to that individual or another; or
23             (2)  he   knows  that  such  acts  create  a  strong
24        probability  of  death  or  great  bodily  harm  to  that
25        individual or another; or
26             (3)  he  is  attempting  or  committing  a  forcible
27        felony other than second degree murder.
28        (b)  Aggravating Factors.  A defendant:
29                  (i)  who at the time of the commission  of  the
30             offense has attained the age of 18 or more; and
31                  (ii)  who has been found guilty of first degree
32             murder; and
33                  (iii)  whose    guilt    was    not,   in   the
 
                            -18-     LRB093 09562 RLC 09800 b
 1             determination of the court, based  solely  upon  the
 2             uncorroborated  testimony  of one eyewitness, of one
 3             accomplice, or of one incarcerated informant;
 4    may be sentenced to death if:
 5             (1)  the murdered individual was a peace officer  or
 6        fireman  killed  in the course of performing his official
 7        duties,  to  prevent  the  performance  of  his  official
 8        duties, or in retaliation  for  performing  his  official
 9        duties,  and the defendant knew or should have known that
10        the murdered individual was a peace officer  or  fireman;
11        or
12             (2)  the  murdered  individual was an employee of an
13        institution or facility of the Department of Corrections,
14        or any similar local correctional agency, killed  in  the
15        course  of performing his official duties, to prevent the
16        performance of his official duties, or in retaliation for
17        performing  his  official   duties,   or   the   murdered
18        individual  was an inmate at such institution or facility
19        and was killed on the grounds thereof,  or  the  murdered
20        individual  was  otherwise present in such institution or
21        facility with the knowledge and  approval  of  the  chief
22        administrative officer thereof; or
23             (3)  the  defendant  has been convicted of murdering
24        two or more individuals  under  subsection  (a)  of  this
25        Section  or  under any law of the United States or of any
26        state which is substantially similar to subsection (a) of
27        this Section regardless  of whether the  deaths  occurred
28        as  the  result  of the same act or of several related or
29        unrelated acts so long as the deaths were the  result  of
30        either  an  intent  to  kill  more  than one person or of
31        separate acts which the defendant knew would cause  death
32        or  create  a strong probability of death or great bodily
33        harm to the murdered individual or another; or
34             (4)  (blank) the murdered individual was killed as a
 
                            -19-     LRB093 09562 RLC 09800 b
 1        result of the hijacking of an airplane, train, ship,  bus
 2        or other public conveyance; or
 3             (5)  (blank)  the  defendant  committed  the  murder
 4        pursuant  to  a  contract,  agreement or understanding by
 5        which he was to receive money or  anything  of  value  in
 6        return  for  committing the murder or procured another to
 7        commit the murder for money or anything of value; or
 8             (6)  (blank) the murdered individual was  killed  in
 9        the course of another felony if:
10                  (a)  the murdered individual:
11                       (i)  was actually killed by the defendant,
12                  or
13                       (ii)  received      physical      injuries
14                  personally    inflicted    by   the   defendant
15                  substantially contemporaneously  with  physical
16                  injuries  caused  by  one  or  more persons for
17                  whose  conduct   the   defendant   is   legally
18                  accountable under Section 5-2 of this Code, and
19                  the  physical  injuries inflicted by either the
20                  defendant or the other person  or  persons  for
21                  whose  conduct he is legally accountable caused
22                  the death of the murdered individual; and
23                  (b)  in performing the acts  which  caused  the
24             death  of  the murdered individual or which resulted
25             in physical injuries  personally  inflicted  by  the
26             defendant  on  the  murdered  individual  under  the
27             circumstances  of  subdivision  (ii) of subparagraph
28             (a) of paragraph  (6)  of  subsection  (b)  of  this
29             Section, the defendant acted with the intent to kill
30             the  murdered  individual or with the knowledge that
31             his acts created a strong probability  of  death  or
32             great  bodily  harm  to  the  murdered individual or
33             another; and
34                  (c)  the other felony was one of the following:
 
                            -20-     LRB093 09562 RLC 09800 b
 1             armed robbery, armed  violence,  robbery,  predatory
 2             criminal  sexual  assault  of  a  child,  aggravated
 3             criminal   sexual  assault,  aggravated  kidnapping,
 4             aggravated vehicular hijacking, forcible  detention,
 5             arson,   aggravated   arson,   aggravated  stalking,
 6             burglary,  residential  burglary,   home   invasion,
 7             calculated  criminal  drug  conspiracy as defined in
 8             Section 405 of the  Illinois  Controlled  Substances
 9             Act,  streetgang criminal drug conspiracy as defined
10             in  Section  405.2  of   the   Illinois   Controlled
11             Substances  Act, or the attempt to commit any of the
12             felonies listed in this subsection (c); or
13             (7)  (blank) the murdered individual  was  under  12
14        years  of  age  and the death resulted from exceptionally
15        brutal or heinous behavior indicative of wanton  cruelty;
16        or
17             (8)  the  defendant committed the murder with intent
18        to prevent the murdered  individual  from  testifying  or
19        participating    in   any   criminal   investigation   or
20        prosecution or giving material assistance to the State in
21        any investigation  or  prosecution,  either  against  the
22        defendant  or  another;  or  the  defendant committed the
23        murder because the murdered individual was a  witness  or
24        participated   in   any   prosecution  or  gave  material
25        assistance  to  the  State  in   any   investigation   or
26        prosecution, either against the defendant or another; or
27             (9)  (blank)  the  defendant,  while  committing  an
28        offense punishable under Sections 401, 401.1, 401.2, 405,
29        405.2,  407  or 407.1 or subsection (b) of Section 404 of
30        the Illinois Controlled Substances Act, or while  engaged
31        in  a  conspiracy or solicitation to commit such offense,
32        intentionally  killed   an   individual   or   counseled,
33        commanded,  induced,  procured  or caused the intentional
34        killing of the murdered individual; or
 
                            -21-     LRB093 09562 RLC 09800 b
 1             (10)  (blank) the defendant was incarcerated  in  an
 2        institution  or facility of the Department of Corrections
 3        at the time  of  the  murder,  and  while  committing  an
 4        offense  punishable  as  a  felony under Illinois law, or
 5        while engaged in a conspiracy or solicitation  to  commit
 6        such  offense,  intentionally  killed  an  individual  or
 7        counseled,  commanded,  induced,  procured  or caused the
 8        intentional killing of the murdered individual; or
 9             (11)  (blank) the murder was committed  in  a  cold,
10        calculated   and   premeditated   manner  pursuant  to  a
11        preconceived plan, scheme or design to take a human  life
12        by  unlawful  means,  and  the  conduct  of the defendant
13        created a reasonable expectation  that  the  death  of  a
14        human being would result therefrom; or
15             (12)  (blank)   the   murdered   individual  was  an
16        emergency  medical  technician  -  ambulance,   emergency
17        medical  technician  -  intermediate,  emergency  medical
18        technician   -  paramedic,  ambulance  driver,  or  other
19        medical assistance or first aid personnel, employed by  a
20        municipality  or  other  governmental unit, killed in the
21        course of performing his official duties, to prevent  the
22        performance of his official duties, or in retaliation for
23        performing his official duties, and the defendant knew or
24        should  have  known  that  the murdered individual was an
25        emergency  medical  technician  -  ambulance,   emergency
26        medical  technician  -  intermediate,  emergency  medical
27        technician   -  paramedic,  ambulance  driver,  or  other
28        medical assistance or first aid personnel; or
29             (13)  (blank)  the   defendant   was   a   principal
30        administrator,  organizer,  or  leader  of  a  calculated
31        criminal  drug  conspiracy  consisting  of a hierarchical
32        position of authority  superior  to  that  of  all  other
33        members  of  the conspiracy, and the defendant counseled,
34        commanded, induced, procured, or caused  the  intentional
 
                            -22-     LRB093 09562 RLC 09800 b
 1        killing of the murdered person; or
 2             (14)  the  murder  was  intentional and involved the
 3        infliction of torture. For the purpose  of  this  Section
 4        torture  means the infliction of or subjection to extreme
 5        physical pain, motivated by  an  intent  to  increase  or
 6        prolong the pain, suffering or agony of the victim; or
 7             (15)  (blank)  the  murder was committed as a result
 8        of  the  intentional  discharge  of  a  firearm  by   the
 9        defendant  from  a  motor  vehicle and the victim was not
10        present within the motor vehicle; or
11             (16)  (blank) the murdered individual was  60  years
12        of age or older and the death resulted from exceptionally
13        brutal  or heinous behavior indicative of wanton cruelty;
14        or
15             (17)  (blank) the murdered individual was a disabled
16        person and the defendant knew or should have  known  that
17        the  murdered  individual  was disabled.  For purposes of
18        this paragraph (17), "disabled person" means a person who
19        suffers from a permanent physical  or  mental  impairment
20        resulting from disease, an injury, a functional disorder,
21        or   a  congenital  condition  that  renders  the  person
22        incapable of adequately providing  for  his  or  her  own
23        health or personal care; or
24             (18)  (blank)  the murder was committed by reason of
25        any person's activity as a community  policing  volunteer
26        or  to  prevent any person from engaging in activity as a
27        community policing volunteer; or
28             (19)  (blank) the murdered individual was subject to
29        an order of protection and the murder was committed by  a
30        person  against  whom  the  same  order of protection was
31        issued under the Illinois Domestic Violence Act of  1986;
32        or
33             (20)  (blank)  the  murdered individual was known by
34        the defendant to be a teacher or other person employed in
 
                            -23-     LRB093 09562 RLC 09800 b
 1        any school and the teacher or other employee is upon  the
 2        grounds  of  a school or grounds adjacent to a school, or
 3        is in any part of a building used for school purposes; or
 4             (21)  (blank)  the  murder  was  committed  by   the
 5        defendant  in  connection  with  or  as  a  result of the
 6        offense of terrorism as defined in Section 29D-30 of this
 7        Code.
 8        For the purpose of this Section:
 9        "Torture" means the intentional and  depraved  infliction
10    of extreme physical pain for a prolonged period of time prior
11    to the victim's death.
12        "Depraved" means the defendant relished the infliction of
13    extreme  physical  pain upon the victim evidencing debasement
14    or perversion or that the  defendant  evidenced  a  sense  of
15    pleasure in the infliction of extreme physical pain.
16        "Participating   in   any   criminal   investigation   or
17    prosecution"  is  intended  to include those appearing in the
18    proceedings  in  any  capacity,   such   as   trial   judges,
19    prosecutors,  defense attorneys, investigators, witnesses, or
20    jurors.
21          (c)  Consideration of accomplice or informant testimony
22    and factors in Aggravation and Mitigation.
23        When the sentence of death is being sought by the  State,
24    the  court  shall  consider,  or  shall  instruct the jury to
25    consider, that the testimony of an accomplice or incarcerated
26    informant who may provide evidence against  a  defendant  for
27    pay,  immunity from punishment, or personal advantage must be
28    examined and weighed with greater care than the testimony  of
29    an  ordinary  witness.  Whether the accomplice or informant's
30    testimony has been affected by interest or prejudice  against
31    the   defendant   must   be   determined.   In   making   the
32    determination,   the  jury  must  consider  (i)  whether  the
33    accomplice or incarcerated informant has  received  anything,
34    including   pay,   immunity  from  prosecution,  leniency  in
 
                            -24-     LRB093 09562 RLC 09800 b
 1    prosecution,  or  personal   advantage,   in   exchange   for
 2    testimony,  (ii)  any  other  case in which the accomplice or
 3    informant  testified  or  offered   statements   against   an
 4    individual  but  was  not  called, and whether the statements
 5    were admitted in the case,  and  whether  the  accomplice  or
 6    informant  received any deal, promise, inducement, or benefit
 7    in exchange for that testimony or  statement,  (iii)  whether
 8    the  accomplice  or  informant  has  ever  changed his or her
 9    testimony, (iv) the criminal history  of  the  accomplice  or
10    informant,  and  (v)  any  other  evidence  relevant  to  the
11    credibility of the accomplice or informant.
12        The court shall also consider, or shall also instruct the
13    jury  to consider, any aggravating and any mitigating factors
14    which are relevant to the imposition of  the  death  penalty.
15    Before  the  jury  makes  a determination with respect to the
16    imposition  of  the  death  penalty,  the  court  shall  also
17    instruct the jury of  the  applicable  alternative  sentences
18    under  Chapter  V of the Unified Code of Corrections that the
19    court  may  impose  for  first  degree  murder  if   a   jury
20    determination   precludes  the  death  sentence.  Aggravating
21    factors may include but need not be limited to those  factors
22    set  forth  in subsection (b). Mitigating factors may include
23    but need not be limited to the following:
24             (1)  the defendant has  no  significant  history  of
25        prior criminal activity;
26             (2)  the  murder  was  committed while the defendant
27        was under the influence of extreme  mental  or  emotional
28        disturbance, although not such as to constitute a defense
29        to prosecution;
30             (3)  the  murdered  individual  was a participant in
31        the defendant's homicidal conduct  or  consented  to  the
32        homicidal act;
33             (4)  the  defendant  acted  under  the compulsion of
34        threat or menace of the imminent infliction of  death  or
 
                            -25-     LRB093 09562 RLC 09800 b
 1        great bodily harm;
 2             (5)  the defendant was not personally present during
 3        commission of the act or acts causing death;.
 4             (6)  the  defendant's  background includes a history
 5        of extreme emotional or physical abuse;
 6             (7)  the defendant suffers  from  a  reduced  mental
 7        capacity.
 8        (d)  Separate sentencing hearing.
 9        Where  requested  by the State, the court shall conduct a
10    separate sentencing proceeding to determine the existence  of
11    factors  set  forth  in  subsection  (b)  and to consider any
12    aggravating or mitigating factors as indicated in  subsection
13    (c).  The proceeding shall be conducted:
14             (1)  before the jury that determined the defendant's
15        guilt; or
16             (2)  before a jury impanelled for the purpose of the
17        proceeding if:
18                  A.  the  defendant was convicted upon a plea of
19             guilty; or
20                  B.  the defendant was convicted after  a  trial
21             before the court sitting without a jury; or
22                  C.  the  court  for good cause shown discharges
23             the jury that determined the defendant's guilt; or
24             (3)  before the court alone if the defendant  waives
25        a jury for the separate proceeding.
26        (e)  Evidence and Argument.
27        During  the proceeding any information relevant to any of
28    the factors set forth in subsection (b) may be  presented  by
29    either  the  State or the defendant under the rules governing
30    the  admission  of  evidence   at   criminal   trials.    Any
31    information relevant to any additional aggravating factors or
32    any  mitigating  factors  indicated  in subsection (c) may be
33    presented  by  the  State  or  defendant  regardless  of  its
34    admissibility under the  rules  governing  the  admission  of
 
                            -26-     LRB093 09562 RLC 09800 b
 1    evidence at criminal trials. The defendant shall be given the
 2    opportunity,   personally  or  through  counsel,  to  make  a
 3    statement that is not subject to cross-examination.   If  the
 4    proceeding  is before a jury, the defendant's statement shall
 5    be reduced to writing in advance and submitted to  the  court
 6    and   the  State,  so  that  the  court  may  rule  upon  any
 7    evidentiary objection with respect to  admissibility  of  the
 8    statement.  The  State  and the defendant shall be given fair
 9    opportunity to rebut any information received at the hearing.
10        (f)  Proof.
11        The burden of proof of establishing the existence of  any
12    of  the  factors  set forth in subsection (b) is on the State
13    and shall  not  be  satisfied  unless  established  beyond  a
14    reasonable doubt.
15        (g)  Procedure - Jury.
16        If  at  the separate sentencing proceeding the jury finds
17    that none of the factors set forth in subsection (b)  exists,
18    the   court  shall  sentence  the  defendant  to  a  term  of
19    imprisonment  under  Chapter  V  of  the  Unified   Code   of
20    Corrections.   If  there  is  a unanimous finding by the jury
21    that one or more of the factors set forth in  subsection  (b)
22    exist,  the  jury  shall  consider aggravating and mitigating
23    factors as  instructed  by  the  court  and  shall  determine
24    whether  the sentence of death shall be imposed.  If the jury
25    determines  unanimously,  after  weighing  the   factors   in
26    aggravation  and  mitigation,  that  death is the appropriate
27    sentence and the court concurs with  the  jury  determination
28    that  there  are no mitigating factors sufficient to preclude
29    the  imposition  of  the  death  sentence,  the  court  shall
30    sentence the defendant to death. If the court does not concur
31    with the jury determination that  death  is  the  appropriate
32    sentence,  the  court  shall set forth reasons in writing and
33    shall then sentence the defendant to a term of  natural  life
34    imprisonment   under   Chapter  V  of  the  Unified  Code  of
 
                            -27-     LRB093 09562 RLC 09800 b
 1    Corrections.
 2        If Unless the jury determines unanimously, after weighing
 3    the factors in aggravation and mitigation, that death is  not
 4    the  appropriate sentence, finds that there are no mitigating
 5    factors sufficient to preclude the imposition  of  the  death
 6    sentence  the court shall sentence the defendant to a term of
 7    natural life imprisonment under Chapter V of the Unified Code
 8    of Corrections.
 9        (h)  Procedure - No Jury.
10        In a proceeding before the  court  alone,  if  the  court
11    finds  that  none  of  the  factors  found  in subsection (b)
12    exists, the court shall sentence the defendant to a  term  of
13    imprisonment   under  Chapter  V  of   the  Unified  Code  of
14    Corrections.
15        If the Court determines that one or more of  the  factors
16    set  forth in subsection (b) exists, the Court shall consider
17    any  aggravating  and  mitigating  factors  as  indicated  in
18    subsection (c).  If the Court determines, after weighing  the
19    factors  in  aggravation  and  mitigation,  that death is the
20    appropriate sentence that there  are  no  mitigating  factors
21    sufficient  to preclude the imposition of the death sentence,
22    the Court shall sentence the defendant to death.
23        If Unless the court finds that there  are  no  mitigating
24    factors sufficient to preclude the imposition of the sentence
25    of  death  is  not  the appropriate sentence, the court shall
26    sentence the defendant to a term of natural life imprisonment
27    under Chapter V of the Unified Code of Corrections.
28        (i)  Appellate Procedure.
29        The conviction and sentence of death shall be subject  to
30    automatic  review by the Supreme Court.  Such review shall be
31    in accordance with rules promulgated by  the  Supreme  Court.
32    Upon  the  request  of  the defendant, the Supreme Court must
33    determine whether  the  sentence  was  imposed  due  to  some
34    arbitrary  factor;  whether  an  independent  weighing of the
 
                            -28-     LRB093 09562 RLC 09800 b
 1    aggravating and mitigating circumstances indicates death  was
 2    the  proper  sentence;  and whether the sentence of death was
 3    excessive or  disproportionate  to  the  penalty  imposed  in
 4    similar cases.  The Supreme Court may order the collection of
 5    data  and  information to support the review required by this
 6    subsection (i).
 7        (j)  Disposition of reversed death sentence.
 8        In the event that the death penalty in this Act  is  held
 9    to  be  unconstitutional  by  the Supreme Court of the United
10    States or of the State of Illinois, any person  convicted  of
11    first degree murder shall be sentenced by the court to a term
12    of  imprisonment  under  Chapter  V  of  the  Unified Code of
13    Corrections.
14        In the event that any  death  sentence  pursuant  to  the
15    sentencing   provisions   of   this   Section   is   declared
16    unconstitutional by the Supreme Court of the United States or
17    of  the State of Illinois, the court having jurisdiction over
18    a person  previously  sentenced  to  death  shall  cause  the
19    defendant to be brought before the court, and the court shall
20    sentence the  defendant  to  a  term  of  imprisonment  under
21    Chapter V of the Unified Code of Corrections.
22        (k)  Judges trained to try capital cases.
23        The  chief  judge of the circuit shall require each judge
24    assigned to try capital  cases  in  the  circuit  to  receive
25    periodic  training  in  the following areas, and shall retain
26    experts on these subjects to  conduct  training  and  prepare
27    training manuals on those topics:
28             (1)  The  risks  of  false  testimony  by in-custody
29        informants.
30             (2)  The risks  of  false  testimony  by  accomplice
31        witnesses.
32             (3)  The  dangers  of  tunnel vision or confirmatory
33        bias.
34             (4)  The risks of wrongful convictions  in  homicide
 
                            -29-     LRB093 09562 RLC 09800 b
 1        cases.
 2             (5)  Police investigative and interrogation methods.
 3             (6)  Police    investigating    and   reporting   of
 4        exculpatory evidence.
 5             (7)  Forensic evidence.
 6             (8)  The risks of false confessions.
 7        (l)  Prosecutors  and  defense  attorneys   training   in
 8    capital cases.
 9        Each  prosecutor  and  defense  attorney certified by the
10    Illinois Supreme Court under Supreme  Court  Rule  714  as  a
11    member  of  the  Capital  Litigation  Trial Bar shall receive
12    periodic training in the following  areas,  and  the  Supreme
13    Court  shall  retain  experts  on  these  subjects to conduct
14    training and prepare training manuals on those topics:
15             (1)  The risks  of  false  testimony  by  in-custody
16        informants.
17             (2)  The  risks  of  false  testimony  by accomplice
18        witnesses.
19             (3)  The dangers of tunnel  vision  or  confirmatory
20        bias.
21             (4)  The  risks  of wrongful convictions in homicide
22        cases.
23             (5)  Police investigative and interrogation methods.
24             (6)  Police   investigating   and    reporting    of
25        exculpatory evidence.
26             (7)  Forensic evidence.
27             (8)  The risks of false confessions.
28    (Source: P.A.  91-357,  eff.  7-29-99;  91-434,  eff. 1-1-00;
29    92-854, eff. 12-5-02.)

30        (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
31        Sec. 14-3.  Exemptions.  The following  activities  shall
32    be exempt from the provisions of this Article:
33        (a)  Listening   to   radio,   wireless   and  television
 
                            -30-     LRB093 09562 RLC 09800 b
 1    communications of any sort where the same are publicly made;
 2        (b)  Hearing conversation when heard by employees of  any
 3    common  carrier  by  wire  incidental to the normal course of
 4    their employment in the operation, maintenance or  repair  of
 5    the  equipment  of  such common carrier by wire so long as no
 6    information obtained thereby  is  used  or  divulged  by  the
 7    hearer;
 8        (c)  Any  broadcast  by  radio,  television  or otherwise
 9    whether it be a broadcast or  recorded  for  the  purpose  of
10    later  broadcasts  of  any  function  where  the public is in
11    attendance and the conversations are overheard incidental  to
12    the  main  purpose  for  which such broadcasts are then being
13    made;
14        (d)  Recording or listening with the aid of any device to
15    any emergency communication made  in  the  normal  course  of
16    operations  by  any  federal,  state or local law enforcement
17    agency  or  institutions  dealing  in   emergency   services,
18    including,  but not limited to, hospitals, clinics, ambulance
19    services,  fire  fighting  agencies,  any   public   utility,
20    emergency  repair facility, civilian defense establishment or
21    military installation;
22        (e)  Recording the proceedings of any meeting required to
23    be open by the Open Meetings Act, as amended;
24        (f)  Recording or listening with the aid of any device to
25    incoming telephone calls of phone lines  publicly  listed  or
26    advertised   as   consumer  "hotlines"  by  manufacturers  or
27    retailers of food and drug products.  Such recordings must be
28    destroyed, erased or turned over  to  local  law  enforcement
29    authorities  within  24 hours from the time of such recording
30    and shall not be otherwise disseminated.  Failure on the part
31    of the individual or business operating any such recording or
32    listening device to comply  with  the  requirements  of  this
33    subsection  shall  eliminate  any  civil or criminal immunity
34    conferred upon that individual or business by  the  operation
 
                            -31-     LRB093 09562 RLC 09800 b
 1    of this Section;
 2        (g)  With  prior  notification to the State's Attorney of
 3    the county in which it is to occur,  recording  or  listening
 4    with  the  aid  of any device to any conversation where a law
 5    enforcement officer, or any person acting at the direction of
 6    law enforcement, is a  party  to  the  conversation  and  has
 7    consented   to   it   being  intercepted  or  recorded  under
 8    circumstances where the use of the device  is  necessary  for
 9    the  protection  of the law enforcement officer or any person
10    acting at the direction of law enforcement, in the course  of
11    an  investigation of a forcible felony, a felony violation of
12    the Illinois Controlled Substances Act, a felony violation of
13    the Cannabis Control Act,  or  any  "streetgang  related"  or
14    "gang-related"  felony  as  those  terms  are  defined in the
15    Illinois Streetgang Terrorism  Omnibus  Prevention  Act.  Any
16    recording or evidence derived as the result of this exemption
17    shall  be  inadmissible in any proceeding, criminal, civil or
18    administrative, except (i) where a party to the  conversation
19    suffers   great  bodily  injury  or  is  killed  during  such
20    conversation, or (ii) when used as direct  impeachment  of  a
21    witness  concerning  matters contained in the interception or
22    recording.  The Director of the Department  of  State  Police
23    shall  issue  regulations as are necessary concerning the use
24    of  devices,  retention  of  tape  recordings,  and   reports
25    regarding their use;
26        (g-5)  With  approval  of  the  State's  Attorney  of the
27    county in which it is to occur, recording or  listening  with
28    the  aid  of  any  device  to  any  conversation  where a law
29    enforcement officer, or any person acting at the direction of
30    law enforcement, is a  party  to  the  conversation  and  has
31    consented  to  it being intercepted or recorded in the course
32    of an investigation of any offense defined in Article 29D  of
33    this  Code.  In  all  such cases, an application for an order
34    approving the previous or continuing use of an  eavesdropping
 
                            -32-     LRB093 09562 RLC 09800 b
 1    device  must  be  made within 48 hours of the commencement of
 2    such use.  In the absence of  such  an  order,  or  upon  its
 3    denial,  any  continuing use shall immediately terminate. The
 4    Director of State Police shall issue rules as  are  necessary
 5    concerning  the use of devices, retention of tape recordings,
 6    and reports regarding their use.
 7        Any recording or evidence  obtained  or  derived  in  the
 8    course  of an investigation of any offense defined in Article
 9    29D of this Code shall, upon motion of the  State's  Attorney
10    or Attorney General prosecuting any violation of Article 29D,
11    be  reviewed  in camera with notice to all parties present by
12    the court presiding over the criminal case, and, if ruled  by
13    the  court  to be relevant and otherwise admissible, it shall
14    be admissible at the trial of the criminal case.
15        This subsection (g-5) is inoperative on and after January
16    1, 2005. No conversations recorded or monitored  pursuant  to
17    this subsection (g-5) shall be inadmissable in a court of law
18    by  virtue  of the repeal of this subsection (g-5) on January
19    1, 2005.
20        (h)  Recordings  made   simultaneously   with   a   video
21    recording  of  an  oral conversation between a peace officer,
22    who has identified his or her office, and  a  person  stopped
23    for an investigation of an offense under the Illinois Vehicle
24    Code;
25        (i)  Recording  of  a  conversation  made  by  or  at the
26    request of a person, not a law enforcement officer  or  agent
27    of  a  law  enforcement  officer,  who  is  a  party  to  the
28    conversation,  under  reasonable suspicion that another party
29    to the conversation is committing, is about to commit, or has
30    committed a criminal offense against the person or  a  member
31    of  his  or  her  immediate household, and there is reason to
32    believe that evidence of the criminal offense may be obtained
33    by the recording; and
34        (j)  The use of a telephone monitoring device  by  either
 
                            -33-     LRB093 09562 RLC 09800 b
 1    (1)  a  corporation  or  other  business  entity  engaged  in
 2    marketing  or  opinion research or (2) a corporation or other
 3    business entity engaged in telephone solicitation, as defined
 4    in this subsection, to record or  listen  to  oral  telephone
 5    solicitation  conversations  or marketing or opinion research
 6    conversations by an employee  of  the  corporation  or  other
 7    business entity when:
 8             (i)  the  monitoring  is  used  for  the  purpose of
 9        service quality control of marketing or opinion  research
10        or  telephone  solicitation, the education or training of
11        employees or contractors engaged in marketing or  opinion
12        research  or telephone solicitation, or internal research
13        related to marketing or  opinion  research  or  telephone
14        solicitation; and
15             (ii)  the  monitoring is used with the consent of at
16        least one person who is an active party to the  marketing
17        or    opinion    research   conversation   or   telephone
18        solicitation conversation being monitored.
19        No communication or conversation or any part, portion, or
20    aspect of the communication or conversation  made,  acquired,
21    or  obtained,  directly  or  indirectly, under this exemption
22    (j), may be, directly or indirectly,  furnished  to  any  law
23    enforcement  officer,  agency, or official for any purpose or
24    used in any inquiry or investigation, or  used,  directly  or
25    indirectly,   in   any  administrative,  judicial,  or  other
26    proceeding, or divulged to any third party.
27        When recording or listening authorized by this subsection
28    (j) on telephone lines used for marketing or opinion research
29    or telephone solicitation purposes results  in  recording  or
30    listening to a conversation that does not relate to marketing
31    or  opinion  research  or  telephone solicitation; the person
32    recording or listening shall,  immediately  upon  determining
33    that the conversation does not relate to marketing or opinion
34    research  or  telephone solicitation, terminate the recording
 
                            -34-     LRB093 09562 RLC 09800 b
 1    or listening and destroy any such recording  as  soon  as  is
 2    practicable.
 3        Business  entities  that  use  a  telephone monitoring or
 4    telephone recording system pursuant  to  this  exemption  (j)
 5    shall  provide  current and prospective employees with notice
 6    that the monitoring or recordings may occur during the course
 7    of their employment.   The  notice  shall  include  prominent
 8    signage notification within the workplace.
 9        Business  entities  that  use  a  telephone monitoring or
10    telephone recording system pursuant  to  this  exemption  (j)
11    shall  provide  their  employees  or  agents  with  access to
12    personal-only telephone lines which may  be  pay  telephones,
13    that  are  not  subject  to telephone monitoring or telephone
14    recording.
15        For the  purposes  of  this  subsection  (j),  "telephone
16    solicitation"  means  a  communication  through  the use of a
17    telephone by live operators:
18             (i)  soliciting the sale of goods or services;
19             (ii)  receiving orders for  the  sale  of  goods  or
20        services;
21             (iii)  assisting in the use of goods or services; or
22             (iv)  engaging  in the solicitation, administration,
23        or collection of bank or retail credit accounts.
24        For the purposes of this subsection  (j),  "marketing  or
25    opinion  research"  means  a  marketing  or  opinion research
26    interview conducted by a live telephone  interviewer  engaged
27    by  a  corporation  or  other business entity whose principal
28    business is the design, conduct, and analysis  of  polls  and
29    surveys  measuring  the opinions, attitudes, and responses of
30    respondents  toward  products  and  services,  or  social  or
31    political issues, or both; and
32        (k)  Recording the interrogation or statement of a person
33    in custody for first degree murder or a witness  in  a  first
34    degree  murder  case,  when  the person in custody or witness
 
                            -35-     LRB093 09562 RLC 09800 b
 1    knows  the  interrogation  is  being  conducted  by   a   law
 2    enforcement  officer  or prosecutor. For the purposes of this
 3    Section, "interrogation of a person  in  custody"  means  any
 4    interrogation  during  which the person being interrogated is
 5    not free to leave and the person  is  being  asked  questions
 6    relevant to the first degree murder investigation.
 7    (Source: P.A. 91-357, eff. 7-29-99; 92-854, eff. 12-5-02.)

 8        Section  35.  The  Code  of Criminal Procedure of 1963 is
 9    amended by changing Sections 114-11, 114-13,  115-19,  116-3,
10    122-1,  and  122-2.1  and  by adding Sections 103-10, 103-11,
11    108-15, 113-8,  114-15,  114-16,  115-16.1,  and  115-21  and
12    Articles 106F, 106G, and 107A as follows:

13        (725 ILCS 5/103-10 new)
14        Sec.  103-10.  Ascertaining  suspect's mental capacity in
15    homicide cases.  Before  conducting  an  interrogation  of  a
16    suspect  in  a  homicide case, the peace officer shall make a
17    reasonable attempt to determine the suspect's mental capacity
18    and if the suspect reasonably appears to the  officer  to  be
19    mentally retarded, the peace officer may only ask the suspect
20    nonleading  questions  and shall be prohibited from conveying
21    to the suspect the impression that the officer believes  that
22    the suspect is guilty of the homicide.

23        (725 ILCS 5/103-11 new)
24        Sec.  103-11.  Homicide cases; videotaping of statements.
25    If a peace officer interrogates  a  person  suspected  of  an
26    offense  under  Article 9 of the Criminal Code of 1961 and if
27    any of the statements made by the suspect in response to  the
28    peace  officer's  questions  are  not  videotaped, the police
29    officer shall repeat the questions asked of the  suspect  and
30    videotape the questions and answers.
 
                            -36-     LRB093 09562 RLC 09800 b
 1        (725 ILCS 5/ Art. 106F heading new)
 2            ARTICLE 106F. ELECTRONIC RECORDING OF WITNESS
 3                             INTERVIEWS

 4        (725 ILCS 5/106F-5 new)
 5        Sec.  106F-5.  Electronic recording of witness interviews
 6    in  homicide  cases.  A  peace  officer  who   interviews   a
 7    significant  witness  in a homicide case shall electronically
 8    record the interview conducted of the significant witness  if
 9    it  is  reasonably  foreseeable  that  the  testimony  may be
10    challenged at trial.

11        (725 ILCS 5/106G Art. 106G heading new)
12      ARTICLE 106G. VIDEOTAPING OF CUSTODIAL INTERROGATIONS IN
13                           HOMICIDE CASES

14        (725 ILCS 5/106G-5 new)
15        Sec. 106G-5. Videotaping of custodial  interrogations  in
16    homicide cases.
17        (a)  In this Section:
18        "Custodial  interrogation" means any interrogation during
19    which the person being interrogated is not free to leave  and
20    a   question   is   asked  that  is  designed  to  elicit  an
21    incriminating response.
22        "Place of detention" means a facility under  the  control
23    of a law enforcement agency.
24        (b)  A  custodial  interrogation  at  a police station or
25    other place of detention of a  suspect  in  a  homicide  case
26    shall  be videotaped. The videotaping shall not be limited to
27    the  statements   made   by   the   suspect   following   the
28    interrogation  but  shall  include  the  entire interrogation
29    process.
30        (c)  In circumstances when videotaping the suspect is not
31    practical, an audiotape of the custodial interrogation may be
 
                            -37-     LRB093 09562 RLC 09800 b
 1    made  as  an  alternative  to  a  video   recording.   Police
 2    investigators in homicide cases shall carry tape recorders to
 3    audiotape  custodial  interrogations  at  places  other  than
 4    police stations or places of detention.

 5        (725 ILCS 5/Art. 107A heading new)
 6          ARTICLE 107A. LINEUP AND PHOTO SPREAD PROCEDURES
 7                          IN HOMICIDE CASES

 8        (725 ILCS 5/107A-5 new)
 9        Sec.  107A-5.  Lineup  and  photo  spread  procedures  in
10    homicide cases.
11        (a)  For   a   homicide  offense  alleged  to  have  been
12    committed on or after the effective date of  this  amendatory
13    Act  of the 93rd General Assembly, the lineup or photo spread
14    shall be conducted to insure that all persons in  the  lineup
15    or photo spread fit the general description of the suspect.
16        (b)  Whenever   possible,  the  lineup  or  photo  spread
17    administrator in a homicide case shall be someone who is  not
18    aware  of  which  member of the lineup or photo spread is the
19    suspect in the case. Prior to presenting the lineup or  photo
20    spread, the lineup or photo spread administrator shall:
21             (1)  inform  the witness that the perpetrator may or
22        may not be among those shown, and the witness should  not
23        feel compelled to make an identification; and
24             (2)  inform  the  witness  that he or she should not
25        assume that the  lineup  or  photo  spread  administrator
26        knows which person is the suspect in the case.
27        (c)  During  the  lineup  or  photo spread, the lineup or
28    photo spread administrator shall ask the witness to state  in
29    his  or  her  own words how sure he or she is that the person
30    identified is the actual  suspect,  and  make  the  witness's
31    words part of the record.
32        (d)  For  any  first  degree  murder alleged to have been
 
                            -38-     LRB093 09562 RLC 09800 b
 1    committed on or after the effective date of  this  amendatory
 2    Act  of  the  93rd General Assembly the lineup identification
 3    procedure shall be presented in  the  sequential  method,  in
 4    which  a  witness is shown lineup participants one at a time.
 5    The  witness  shall  be  requested  to  state   whether   the
 6    individual  shown  is  the  perpetrator  of  the first degree
 7    murder, prior to viewing the next  lineup  participant.  Only
 8    one  member  of  the  lineup  shall  be  a  suspect,  and the
 9    remainder shall be "fillers" who are not  suspects,  but  fit
10    the general description of the suspect.
11        (e)  This Section applies to any live lineups in homicide
12    cases  that  are  composed and presented at a police station,
13    and to all photo lineups  in  homicide  cases  regardless  of
14    where presented.

15        (725 ILCS 5/108-15 new)
16        Sec. 108-15. Maintenance of evidence.
17        (a)  A law enforcement agency shall list on schedules all
18    existing items of relevant evidence collected in  a  criminal
19    investigation,   including   exculpatory  evidence,  and  the
20    location of that evidence.
21        (b) Each law enforcement agency must assign  to  specific
22    peace officers or employees of the law enforcement agency the
23    duty  to  maintain  and  list  the  evidence  and the persons
24    assigned to this duty  must  certify  their  compliance  with
25    subsection  (a)  to  the prosecutor assigned to prosecute the
26    case.
27        (c) Each law enforcement agency must give copies  of  the
28    schedules to the prosecutor assigned to prosecute the case.
29        (d)  The  law enforcement agency must give the prosecutor
30    access to all investigatory materials in its possession.
31        (e) In this Section, "law enforcement agency"  means  the
32    Department of State Police, the Office of the county sheriff,
33    a  municipal  police  department,  or  any other agency whose
 
                            -39-     LRB093 09562 RLC 09800 b
 1    officers are vested by law to make arrests in criminal  cases
 2    and seize and maintain evidence for trial of a criminal case;
 3    and  "prosecutor" means a State's Attorney, assistant State's
 4    Attorney, Attorney  General,  assistant  or  deputy  Attorney
 5    General,  or  a special assistant Attorney General or special
 6    assistant State's Attorney who is  assigned  to  prosecute  a
 7    criminal case.

 8        (725 ILCS 5/113-8 new)
 9        Sec.  113-8.  Notice  of intention to seek or decline the
10    death penalty; State Death Penalty Review Committee.
11        (a)  State Death Penalty Review Committee.   The  State's
12    Attorney  or  Attorney  General  shall  provide notice of the
13    State's intention to seek or decline  the  death  penalty  by
14    filing  a  Notice  of  Intent  to  Seek  or Decline the Death
15    Penalty as soon as practicable. In no event shall the  filing
16    of  the  notice  be  later  than  120 days after arraignment,
17    unless, for good cause shown, the court directs otherwise.  A
18    notice of intent to seek the death penalty shall also include
19    all  of  the  statutory  aggravating  factors  enumerated  in
20    subsection  (b)  of  Section 9-1 of the Criminal Code of 1961
21    which the State intends to introduce during the death penalty
22    sentencing hearing.
23        (b)  The State's Attorney must also submit  the  decision
24    to  seek  the death penalty to the State Death Penalty Review
25    Committee  for  approval.  The  State  Death  Penalty  Review
26    Committee is created effective January 1,  2004.  The  Review
27    Committee shall be composed of 5 voting members consisting of
28    the  Attorney  General  or  his  or her designee, the State's
29    Attorney of Cook County or his or her designee, the president
30    of the Illinois State's  Attorney's  Association,  a  State's
31    Attorney  appointed  by  the  Governor,  and  a retired judge
32    appointed by the  Governor.   The  Governor  may  appoint  an
33    alternate  member  and shall only participate and vote in the
 
                            -40-     LRB093 09562 RLC 09800 b
 1    event of a tie vote. The  retired  judge  member  shall  have
 2    experience in criminal law and preferably appellate review of
 3    criminal  cases. The Attorney General and Cook County State's
 4    Attorney shall serve during their respective term of  office.
 5    The  president  of  the  State's Attorney's Association shall
 6    serve for one  year  concurrent  with  the  elected  term  as
 7    president  of the State's Attorney's Association. The State's
 8    Attorney appointed by the Governor shall serve for  one  year
 9    and  the  retired  judge  member shall serve for 4 years. The
10    alternate member shall serve at the pleasure of the Governor.
11    In the event of a  vacancy  of  a  member  appointed  by  the
12    Governor,  the  appointment to fill the vacancy shall be made
13    in the same manner as the original appointment. The appointed
14    members shall serve until their successor  is  appointed  and
15    qualified.  The  Attorney  General  or  his or designee shall
16    serve as chairman.
17        (c)  The  State  Death  Penalty  Review  Committee   must
18    develop standards to assist State's Attorneys in the exercise
19    of  discretion in seeking the death penalty on a first degree
20    murder charge. The  Review  Committee  must  also  approve  a
21    State's  Attorney's  decision  to seek the death penalty in a
22    first  degree  murder  case.  The  review  must  include  the
23    appropriateness of the sentence of death upon conviction  and
24    whether  the  decision  is consistent with the application of
25    the death penalty in other  counties.  The  Review  Committee
26    must  consider  information submitted by the State's Attorney
27    and  defense  counsel  that  is  relevant  to   the   review.
28    Information  submitted  that  is  not  otherwise  subject  to
29    discovery at this stage of the court proceedings or for which
30    confidentiality  is necessary for security of any individual,
31    is confidential and not subject to disclosure outside of  the
32    Review Committee.
33        (d)  The  approval  shall  be  pursuant  to  a  vote of 3
34    members of the Committee; however, the Attorney General or  a
 
                            -41-     LRB093 09562 RLC 09800 b
 1    State's  Attorney  must recuse himself or herself from voting
 2    on any case prosecuted by his or her office. The  review  and
 3    comment is confidential and shall only be disclosed to:
 4             (1)  the submitting State's Attorney;
 5             (2)  the defendant's attorney; and
 6             (3)  the  Governor,  upon request, after the Supreme
 7        Court has ordered the final execution date.
 8        (e)  The  Attorney  General  and  the  Illinois   State's
 9    Attorneys  Association  shall adopt recommendations as to the
10    procedures that State's Attorneys should follow  in  deciding
11    whether  or  not  to seek the death penalty in a first degree
12    murder case. The failure of a State's Attorney to follow  the
13    adopted   procedures  is  not  a  ground  to  have  the  case
14    decertified as a death penalty case  or  to  have  any  death
15    penalty sentence vacated.

16        (725 ILCS 5/114-11) (from Ch. 38, par. 114-11)
17        Sec. 114-11. Motion to Suppress Confession.
18        (a)  Prior  to the trial of any criminal case a defendant
19    may move to suppress as evidence any confession given by  him
20    on the ground that it was not voluntary.
21        (b)  The  motion  shall  be  in  writing  and state facts
22    showing wherein the confession is involuntary.
23        (c)  If the allegations of the motion state facts  which,
24    if  true,  show  that the confession was not voluntarily made
25    the court shall conduct a hearing  into  the  merits  of  the
26    motion.
27        (d)  The  burden  of  going forward with the evidence and
28    the burden of proving that a confession was  voluntary  shall
29    be  on  the  State.  Objection to the failure of the State to
30    call all material witnesses  on  the  issue  of  whether  the
31    confession was voluntary must be made in the trial court.
32        (e)  The  motion  shall  be made only before a court with
33    jurisdiction to try the offense.
 
                            -42-     LRB093 09562 RLC 09800 b
 1        (f)  The issue of the  admissibility  of  the  confession
 2    shall  not  be  submitted  to  the  jury.  The  circumstances
 3    surrounding  the making of the confession may be submitted to
 4    the jury as bearing upon the credibility or the weight to  be
 5    given to the confession.
 6        (g)  The   motion  shall  be  made  before  trial  unless
 7    opportunity therefor did not exist or the defendant  was  not
 8    aware  of  the  grounds for the motion. If the motion is made
 9    during trial, and the court determines that the motion is not
10    untimely, and the court conducts a hearing on the merits  and
11    enters  an  order suppressing the confession, the court shall
12    terminate the trial with respect to every defendant who was a
13    party to the hearing and who was  within  the  scope  of  the
14    order of suppression, without further proceedings, unless the
15    State   files   a  written  notice  that  there  will  be  no
16    interlocutory appeal from such order of suppression.  In  the
17    event  of  such termination, the court shall proceed with the
18    trial of other defendants not thus affected. Such termination
19    of trial  shall  be  proper  and  shall  not  bar  subsequent
20    prosecution of the identical charges and defendants; however,
21    if  after  such  termination the State fails to prosecute the
22    interlocutory appeal until a determination of the  merits  of
23    the  appeal  by the reviewing court, the termination shall be
24    improper within  the  meaning  of  subparagraph  (a)  (3)  of
25    Section  3--4  of  the "Criminal Code of 1961", approved July
26    28, 1961, as amended,  and  subsequent  prosecution  of  such
27    defendants upon such charges shall be barred.
28        (h)  In  capital  cases,  the  court  may  also conduct a
29    hearing pursuant to Section 115-21 on  the  admissibility  of
30    the  statement  made by the defendant where the statement has
31    not been recorded by electronic video or audio, regardless of
32    whether the defense requests such a hearing.
33    (Source: P. A. 76-1096.)
 
                            -43-     LRB093 09562 RLC 09800 b
 1        (725 ILCS 5/114-13) (from Ch. 38, par. 114-13)
 2        Sec. 114-13.  Discovery in criminal cases.
 3        (a)  Discovery procedures in criminal cases shall  be  in
 4    accordance with Supreme Court Rules.
 5        (b)  Discovery  deposition procedures applicable in cases
 6    for which the death  penalty  may  be  imposed  shall  be  in
 7    accordance  with Supreme Court Rules and this subsection (b),
 8    unless the State has given notice of  its  intention  not  to
 9    seek the death penalty.
10             (1)  The  intent of this subsection is to (i) ensure
11        that capital defendants receive fair and impartial trials
12        and sentencing hearings within the courts of  this  State
13        and  (ii) minimize the occurrence of error to the maximum
14        extent feasible by identifying and  correcting  with  due
15        promptness any error that may occur.
16             (2)  A party may, with leave of court upon a showing
17        of  good  cause,  take the discovery deposition upon oral
18        questions  of  any  person  disclosed  as  a  witness  as
19        provided by law or Supreme  Court  Rule.  In  determining
20        whether  to allow a deposition, the court should consider
21        (i) the consequences to the party if  the  deposition  is
22        not   allowed,   (ii)  the  complexities  of  the  issues
23        involved, (iii) the complexity of the  testimony  of  the
24        witness,  and  (iv)  the other opportunities available to
25        the  party  to  discover  the   information   sought   by
26        deposition.  Under  no  circumstances,  however,  may the
27        defendant be deposed.
28             (3)  The  taking  of   depositions   shall   be   in
29        accordance   with  rules  providing  for  the  taking  of
30        depositions in civil  actions,  and  the  order  for  the
31        taking  of  a  deposition may provide that any designated
32        books,  papers,  documents,  or  tangible  objects,   not
33        privileged, be produced at the same time and place.
34             (4)  A   defendant   shall   have  no  right  to  be
 
                            -44-     LRB093 09562 RLC 09800 b
 1        physically present at a discovery deposition. If there is
 2        any concern  regarding  witness  safety,  the  court  may
 3        require  that the deposition be held in a place or manner
 4        that will ensure the security of the witness.  The  court
 5        may  also issue protective orders to restrict the use and
 6        disclosure of information provided by a witness.
 7             (5)  Absent  good  cause   shown   to   the   court,
 8        depositions  shall  be completed within 90 days after the
 9        disclosure of witnesses. The parties shall have the right
10        to compel depositions under this subsection by  subpoena.
11        No witness may be deposed more than once, except by leave
12        of the court upon a showing of good cause.
13             (6)  If  the  defendant  is  indigent,  the costs of
14        taking depositions shall be paid by the county where  the
15        criminal  charge  is  initiated with reimbursement to the
16        county from the Capital Litigation  Trust  Fund.  If  the
17        defendant  is  not indigent, the costs shall be allocated
18        as in civil actions.
19    (Source: Laws 1963, p. 2836.)

20        (725 ILCS 5/114-15 new)
21        Sec.  114-15.  Motion  for   genetic   marker   groupings
22    comparison analysis.
23        (a)  A  defendant  may  make  a  motion for a court order
24    before trial for comparison analysis  by  the  Department  of
25    State  Police  with those genetic marker groupings maintained
26    under subsection (f) of Section 5-4-3 of the Unified Code  of
27    Corrections  if  the  defendant  meets  all  of the following
28    requirements:
29             (1)  The defendant is charged with any offense.
30             (2)  The defendant seeks for the Department of State
31        Police to identify genetic marker groupings from evidence
32        collected by criminal justice agencies  pursuant  to  the
33        alleged offense.
 
                            -45-     LRB093 09562 RLC 09800 b
 1             (3)  The  defendant  seeks  comparison  analysis  of
 2        genetic   marker   groupings   of   the   evidence  under
 3        subdivision (2) to those of the defendant,  to  those  of
 4        other  forensic  evidence,  and to those maintained under
 5        subsection (f) of Section 5-4-3 of the  Unified  Code  of
 6        Corrections.
 7             (4)  Genetic   marker   grouping  analysis  must  be
 8        performed by a  laboratory  compliant  with  the  quality
 9        assurance  standards  required by the Department of State
10        Police for genetic marker grouping analysis comparisons.
11             (5)  Reasonable notice of the motion shall be served
12        upon the State.
13        (b)  The Department of State Police may promulgate  rules
14    for  the  types  of  comparisons  performed  and  the quality
15    assurance standards required for submission of genetic marker
16    groupings.  The provisions of the Administrative  Review  Law
17    shall   apply  to  all  actions  taken  under  the  rules  so
18    promulgated.

19        (725 ILCS 5/114-16 new)
20        Sec. 114-16.  Motion to preclude death penalty based upon
21    mental retardation.
22        (a)  A defendant charged with  first  degree  murder  may
23    make  a  motion  prior to trial to preclude the imposition of
24    the death penalty based upon the mental  retardation  of  the
25    defendant.   The  motion  shall be in writing and shall state
26    facts to demonstrate the mental retardation of the defendant.
27    As used in this Section, "mental retardation" means:
28             (1)  having   significantly    subaverage    general
29        intellectual  functioning  as  evidence  by  a functional
30        intelligence quotient (I.Q.) of 70 or below; and
31             (2)  having deficits in adaptive behavior.
32    The mental retardation must have been manifested  during  the
33    developmental period, or by 18 years of age.
 
                            -46-     LRB093 09562 RLC 09800 b
 1        (b)  Notwithstanding   any   provision   of  law  to  the
 2    contrary, a defendant with mental retardation at the time  of
 3    committing  first  degree  murder  shall  not be sentenced to
 4    death.
 5        (c)  The burden of going forward with  the  evidence  and
 6    the burden of proving the defendant's mental retardation by a
 7    preponderance  of  the  evidence  is upon the defendant.  The
 8    determination of whether the defendant was mentally  retarded
 9    at  the  time  of the offense of first degree murder shall be
10    made by the court after a hearing.
11        (d)  If the issue of mental retardation is  raised  prior
12    to trial and the court determines that the defendant is not a
13    person  with  mental  retardation,  the  defendant  shall  be
14    entitled to offer evidence to the trier of fact of diminished
15    intellectual  capacity  as a mitigating circumstance pursuant
16    to clause (c)(7) of Section 9-1 of the Criminal Code of 1961.
17        (f)  The determination  by  the  trier  of  fact  on  the
18    defendant's  motion  shall not be appealable by interlocutory
19    appeal, but may be a basis of appeal by either the  State  or
20    defendant following the sentencing stage of the trial.

21        (725 ILCS 5/115-16.1 new)
22        Sec.  115-16.1.  Witness  qualification  in  first degree
23    murder trial.
24        (a)  In a prosecution for first degree murder  where  the
25    State  has  given  notice  of its intention to seek the death
26    penalty, the prosecution must promptly notify the  court  and
27    the  defendant's  attorney  of  the  intention  to  introduce
28    testimony at trial from a person who is in custody or who was
29    in  custody  at  the time of the factual matters to which the
30    person will testify. The notice to the  defendant's  attorney
31    must   include  the  identification,  criminal  history,  and
32    background of the witness. The prosecution must also promptly
33    notify  the   defendant's   attorney   of   any   discussion,
 
                            -47-     LRB093 09562 RLC 09800 b
 1    inducement,  benefit, or agreement between that witness and a
 2    law enforcement  agency,  officer,  or  prosecutor  for  that
 3    witness.
 4        (b)  After notice has been given to the court pursuant to
 5    subsection  (a),  the  court  must  prior to trial conduct an
 6    evidentiary  hearing  to  determine   the   reliability   and
 7    admissibility   of   the   testimony   of  the  witness.  The
 8    prosecution has the burden of proving by a  preponderance  of
 9    the evidence the reliability of the testimony of the witness.
10    In making its determination, the court may consider:
11             (1)  the  specific  statements or facts to which the
12        witness will testify;
13             (2)  the  time,  place,  and   other   circumstances
14        regarding  the  statements  or facts to which the witness
15        will testify;
16             (3)  any   discussion,   inducement,   benefit,   or
17        agreement between  the  witness  and  a  law  enforcement
18        agency or officer for that witness;
19             (4)  the criminal history of the witness;
20             (5)  whether  the  witness  has ever recanted his or
21        her testimony;
22             (6)  other criminal cases in which the  witness  has
23        testified;
24             (7)  the  presence  or  absence  of any relationship
25        between the accused and the witness; and
26             (8)  any other evidence relevant to the  credibility
27        of the witness.

28        (725 ILCS 5/115-19)
29        Sec. 115-19.  Polygraph.
30        (a)  In  the  course  of a criminal trial the court shall
31    not require, request, or suggest that the defendant submit to
32    a polygraphic detection deception test, commonly known  as  a
33    lie  detector  test,  to  questioning  under  the  effect  of
 
                            -48-     LRB093 09562 RLC 09800 b
 1    thiopental  sodium,  or  to  any other test or questioning by
 2    means of a mechanical device or chemical substance.
 3        (b)  The  results  of   a   polygraph   examination   are
 4    inadmissable  as  evidence  in a capital case both during the
 5    trial of the case and during the separate sentencing hearing.
 6    (Source: P.A. 89-234, eff. 1-1-96.)

 7        (725 ILCS 5/115-21 new)
 8        Sec. 115-21. Peace officer training. Each  peace  officer
 9    involved  in  investigating  a  homicide  case  shall receive
10    periodic  training  in  the  following  areas  and  each  law
11    enforcement agency shall retain experts on  these  topics  to
12    conduct  the training and prepare training manuals for use by
13    peace officers:
14        (1)  the  risk   of   false   testimony   by   in-custody
15    informants;
16        (2)  the   risks   of   false   testimony  by  accomplice
17    witnesses;
18        (3)  the dangers of tunnel vision or confirmatory bias;
19        (4)  the risks of wrongful convictions in homicide cases;
20        (5)  police investigative and interrogation methods;
21        (6)  forensic evidence; and
22        (7)  the risks of false confessions.

23        (725 ILCS 5/116-3)
24        Sec. 116-3.  Motion for fingerprint or  forensic  testing
25    not available at trial regarding actual innocence.
26        (a)  A defendant may make a motion before the trial court
27    that  entered  the  judgment of conviction in his or her case
28    for the performance of fingerprint or forensic  DNA  testing,
29    including  comparison analysis of genetic marker groupings of
30    the evidence collected by criminal justice agencies  pursuant
31    to  the  alleged offense, to those of the defendant, to those
32    of other forensic evidence, and  to  those  maintained  under
 
                            -49-     LRB093 09562 RLC 09800 b
 1    subsection  (f)  of  Section  5-4-3  of  the  Unified Code of
 2    Corrections, on evidence that was secured in relation to  the
 3    trial  which resulted in his or her conviction, but which was
 4    not subject to the testing which is now requested because the
 5    technology for the testing was not available at the  time  of
 6    trial.   Reasonable notice of the motion shall be served upon
 7    the State.
 8        (b)  The defendant must present a prima facie case that:
 9             (1)  identity was  the  issue  in  the  trial  which
10        resulted in his or her conviction; and
11             (2)  the evidence to be tested has been subject to a
12        chain  of custody sufficient to establish that it has not
13        been substituted, tampered with, replaced, or altered  in
14        any material aspect.
15        (c)  The  trial  court  shall  allow  the  testing  under
16    reasonable   conditions   designed  to  protect  the  State's
17    interests in the integrity of the evidence  and  the  testing
18    process upon a determination that:
19             (1)  the  result  of  the testing has the scientific
20        potential  to   produce   new,   noncumulative   evidence
21        materially  relevant  to  the  defendant's  assertion  of
22        actual   innocence   that   significantly   advances  the
23        defendant's claim of innocence;
24             (2)  the  testing  requested  employs  a  scientific
25        method generally accepted within the relevant  scientific
26        community.
27    (Source: P.A. 90-141, eff. 1-1-98.)

28        (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
29        Sec. 122-1. Petition in the trial court.
30        (a)  Any   person  imprisoned  in  the  penitentiary  may
31    institute a proceeding under this Article if the  person  who
32    asserts that:
33             (1)  in the proceedings which resulted in his or her
 
                            -50-     LRB093 09562 RLC 09800 b
 1        conviction  there  was a substantial denial of his or her
 2        rights under the Constitution of the United States or  of
 3        the State of Illinois or both; or
 4             (2)  the  death  penalty  was  imposed  and there is
 5        newly discovered evidence not available to the person  at
 6        the  time  of  the proceeding that resulted in his or her
 7        conviction that establishes the person's innocence.
 8        (a-5)  A proceeding under paragraph (2) of subsection (a)
 9    may be commenced at any time after the  person's   conviction
10    notwithstanding  any  other  provisions  of   may institute a
11    proceeding under this Article. In such a proceeding regarding
12    actual innocence, if the court  determines  the  petition  is
13    frivolous  or is patently without merit, it shall dismiss the
14    petition in a written order, specifying the findings of  fact
15    and  conclusions  of  law  it  made in reaching its decision.
16    Such order of dismissal is a  final  judgment  and  shall  be
17    served  upon  the petitioner by certified mail within 10 days
18    of its entry.
19        (b)  The proceeding shall be commenced by filing with the
20    clerk of the court in  which  the  conviction  took  place  a
21    petition   (together   with   a  copy  thereof)  verified  by
22    affidavit.  Petitioner shall also serve another copy upon the
23    State's Attorney by any of the methods provided in Rule 7  of
24    the  Supreme  Court.  The clerk shall docket the petition for
25    consideration by the court pursuant to Section  122-2.1  upon
26    his or her receipt thereof and bring the same promptly to the
27    attention of the court.
28        (c)  Except as otherwise provided in subsection (a-5), if
29    the  petitioner  is  under  sentence of death, no proceedings
30    under this Article shall be  commenced  more  than  6  months
31    after  the  issuance  of  the  mandate  by  the Supreme Court
32    following affirmance of the defendant's direct appeal of  the
33    trial  court  verdict.   In  all  other cases, no proceedings
34    under this Article shall be  commenced  more  than  6  months
 
                            -51-     LRB093 09562 RLC 09800 b
 1    after  the  denial  of a petition for leave  to appeal or the
 2    date for filing such a petition if none is filed or more than
 3    45 days after the defendant files his or  her  brief  in  the
 4    appeal  of the sentence before the Illinois Supreme Court (or
 5    more than 45 days after the deadline for the  filing  of  the
 6    defendant's brief with the Illinois Supreme Court if no brief
 7    is  filed)  or 3 years from the date of conviction, whichever
 8    is sooner, unless the petitioner alleges facts  showing  that
 9    the delay was not due to his or her culpable negligence.
10        (d)  A  person  seeking relief by filing a petition under
11    this Section must specify in the petition or its heading that
12    it is filed under this Section.    A  trial  court  that  has
13    received  a  petition complaining of a conviction or sentence
14    that fails to specify in the petition or its heading that  it
15    is filed under this Section need not evaluate the petition to
16    determine whether it could otherwise have stated some grounds
17    for relief under this Article.
18        (e)  A proceeding under this Article may not be commenced
19    on  behalf  of  a  defendant  who has been sentenced to death
20    without the written consent  of  the  defendant,  unless  the
21    defendant,  because  of  a  mental  or physical condition, is
22    incapable of asserting his or her own claim.
23    (Source: P.A.  89-284,  eff.  1-1-96;  89-609,  eff.  1-1-97;
24    89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)

25        (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
26        Sec.  122-2.1.  (a)  Within  90 days after the filing and
27    docketing of each petition,  the  court  shall  examine  such
28    petition and enter an order thereon pursuant to this Section.
29             (1)  If  the  petitioner  is under sentence of death
30        and is without counsel and alleges  that  he  is  without
31        means  to  procure counsel, he shall state whether or not
32        he wishes counsel to be appointed to represent him.    If
33        appointment  of  counsel is so requested, the court shall
 
                            -52-     LRB093 09562 RLC 09800 b
 1        appoint counsel if satisfied that the petitioner  has  no
 2        means to procure counsel.
 3             (2)  If  the petitioner is sentenced to imprisonment
 4        and the court determines the petition is frivolous or  is
 5        patently  without merit, it shall dismiss the petition in
 6        a written order, specifying  the  findings  of  fact  and
 7        conclusions  of  law  it  made  in reaching its decision.
 8        Such order of dismissal is a final judgment and shall  be
 9        served  upon  the  petitioner by certified mail within 10
10        days of its entry.
11        (b)  If the petition is not dismissed  pursuant  to  this
12    Section,  the  court  shall order the petition to be docketed
13    for further consideration in accordance with  Sections  122-4
14    through  122-6. If the petitioner is under sentence of death,
15    the court shall order the petition to be docketed for further
16    consideration and hearing within one year of  the  filing  of
17    the petition.
18        (c)  In  considering a petition pursuant to this Section,
19    the court may examine the court file  of  the  proceeding  in
20    which  the  petitioner  was convicted, any action taken by an
21    appellate court in such proceeding  and  any  transcripts  of
22    such proceeding.
23    (Source: P.A. 86-655; 87-904.)

24        Section  40.  The State Appellate Defender Act is amended
25    by changing Section 10 as follows:

26        (725 ILCS 105/10) (from Ch. 38, par. 208-10)
27        Sec. 10.  Powers and duties of State Appellate Defender.
28        (a)  The  State  Appellate   Defender   shall   represent
29    indigent  persons  on appeal in criminal and delinquent minor
30    proceedings, when appointed to do  so  by  a  court  under  a
31    Supreme Court Rule or law of this State.
32        (b)  The  State  Appellate Defender shall submit a budget
 
                            -53-     LRB093 09562 RLC 09800 b
 1    for the approval of the State Appellate Defender Commission.
 2        (c)  The State Appellate Defender may:
 3             (1)  maintain a panel of private attorneys available
 4        to serve as counsel on a case basis;
 5             (2)  establish programs,  alone  or  in  conjunction
 6        with  law schools, for the purpose of utilizing volunteer
 7        law students as legal assistants;
 8             (3)  cooperate  and  consult  with  state  agencies,
 9        professional associations, and  other  groups  concerning
10        the  causes  of  criminal conduct, the rehabilitation and
11        correction of  persons  charged  with  and  convicted  of
12        crime,  the  administration  of criminal justice, and, in
13        counties  of  less  than  1,000,000  population,   study,
14        design,  develop  and  implement  model  systems  for the
15        delivery of trial level defender services,  and  make  an
16        annual report to the General Assembly;
17             (4)  provide  investigative  services  to  appointed
18        counsel and county public defenders;
19             (5)  in  cases  in  which  a  death  sentence  is an
20        authorized disposition, provide trial  counsel  with  the
21        assistance   of   expert  witnesses,  investigators,  and
22        mitigation specialists from  funds  appropriated  to  the
23        State Appellate Defender specifically for that purpose by
24        the  General  Assembly.   The  Office  of State Appellate
25        Defender shall not be appointed to serve as trial counsel
26        in capital cases.
27        (c-5)  The Office of the State Appellate  Defender  shall
28    disseminate  on  a  Statewide  basis  the  names and business
29    addresses of licensed attorneys  who  are  certified  by  the
30    Illinois  Supreme  Court as members of the Capital Litigation
31    Trial Bar under Supreme Court Rule 714.
32        (d)  For each State  fiscal  year,  the  State  Appellate
33    Defender shall appear before the General Assembly and request
34    appropriations  to  be made from the Capital Litigation Trust
 
                            -54-     LRB093 09562 RLC 09800 b
 1    Fund to the State Treasurer  for  the  purpose  of  providing
 2    defense  assistance  in capital cases outside of Cook County.
 3    The State Appellate Defender may appear  before  the  General
 4    Assembly  at  other  times  during the State's fiscal year to
 5    request supplemental appropriations from the  Trust  Fund  to
 6    the State Treasurer.
 7        (e)  The   requirement   for  reporting  to  the  General
 8    Assembly shall be satisfied by filing copies  of  the  report
 9    with  the  Speaker,  the Minority Leader and the Clerk of the
10    House of Representatives  and  the  President,  the  Minority
11    Leader  and  the  Secretary of the Senate and the Legislative
12    Research Unit, as required by  Section  3.1  of  the  General
13    Assembly  Organization  Act and filing such additional copies
14    with the State Government Report Distribution Center for  the
15    General  Assembly  as  is  required  under  paragraph  (t) of
16    Section 7 of the State Library Act.
17    (Source: P.A. 91-589, eff. 1-1-00.)

18        Section   45.   The  Capital  Crimes  Litigation  Act  is
19    amended by changing Sections 10, 15, and 19 as follows:

20        (725 ILCS 124/10)
21        (Section scheduled to be repealed on July 1, 2004)
22        Sec. 10.  Court appointed trial counsel; compensation and
23    expenses.
24        (a)  This  Section  applies  only  to  compensation   and
25    expenses of trial counsel appointed by the court as set forth
26    in  Section  5,  other  than public defenders, for the period
27    after arraignment and so long as  the  State's  Attorney  has
28    not,  at  any  time, filed a certificate indicating he or she
29    will not seek the death penalty or stated on  the  record  in
30    open court that the death penalty will not be sought.
31        (b)  Appointed  trial  counsel  shall be compensated upon
32    presentment and certification by the circuit court of a claim
 
                            -55-     LRB093 09562 RLC 09800 b
 1    for services detailing the date, activity, and time  duration
 2    for  which compensation is sought. Compensation for appointed
 3    trial counsel may be paid at a reasonable rate not to  exceed
 4    $125 per hour.
 5        Beginning  in  2001, every January 20, the statutory rate
 6    prescribed  in  this  subsection   shall   be   automatically
 7    increased  or decreased, as applicable, by a percentage equal
 8    to the percentage change in the consumer price index-u during
 9    the  preceding  12-month  calendar  year.   "Consumer   price
10    index-u"  means  the  index  published by the Bureau of Labor
11    Statistics of the United  States  Department  of  Labor  that
12    measures  the  average change in prices of goods and services
13    purchased by all urban consumers, United States city average,
14    all items,  1982-84=100.  The new rate  resulting  from  each
15    annual  adjustment shall be determined by the State Treasurer
16    and made available  to  the  chief  judge  of  each  judicial
17    circuit.  Payment in excess of the limitations stated in this
18    subsection (b) may be made if the trial court certifies  that
19    such  payment  is  necessary to provide fair compensation for
20    representation based upon customary charges in  the  relevant
21    legal  market for attorneys of similar skill, background, and
22    experience.  A trial court may entertain the filing  of  this
23    verified  statement  before  the termination of the cause and
24    may order the provisional payment of sums during the pendency
25    of the cause.
26        (c)  Appointed trial counsel may also petition the  court
27    for  certification  of  expenses for reasonable and necessary
28    capital litigation expenses including, but  not  limited  to,
29    investigatory  and  other  assistance,  expert, forensic, and
30    other witnesses, and mitigation specialists. Counsel may  not
31    petition  for  certification  of  expenses that may have been
32    provided or compensated by the State Appellate Defender under
33    item (c)(5) of Section 10 of  the  State  Appellate  Defender
34    Act.
 
                            -56-     LRB093 09562 RLC 09800 b
 1        (d)  Appointed trial counsel shall petition the court for
 2    certification of compensation and expenses under this Section
 3    periodically  during  the course of counsel's representation.
 4    If the court determines that the  compensation  and  expenses
 5    should  be  paid  from the Capital Litigation Trust Fund, the
 6    court  shall  certify,  on  a  form  created  by  the   State
 7    Treasurer,  that  all  or  a designated portion of the amount
 8    requested  is  reasonable,  necessary,  and  appropriate  for
 9    payment from the Trust Fund.  Certification  of  compensation
10    and  expenses by a court in any county other than Cook County
11    shall be delivered by the court to the  State  Treasurer  and
12    paid  by  the  State  Treasurer  directly  from  the  Capital
13    Litigation  Trust  Fund if there are sufficient moneys in the
14    Trust  Fund   to   pay   the   compensation   and   expenses.
15    Certification of compensation and expenses by a court in Cook
16    County  shall  be  delivered  by  the  court  to  the  county
17    treasurer  and  paid  by  the  county  treasurer  from moneys
18    granted to the county from the Capital Litigation Trust Fund.
19    (Source: P.A. 91-589, eff. 1-1-00.)

20        (725 ILCS 124/15)
21        (Section scheduled to be repealed on July 1, 2004)
22        Sec. 15.  Capital Litigation Trust Fund.
23        (a)  The Capital Litigation Trust Fund is  created  as  a
24    special  fund in the State Treasury.  The Trust Fund shall be
25    administered by the State Treasurer to provide moneys for the
26    appropriations  to  be  made,  grants  to  be  awarded,   and
27    compensation  and  expenses  to  be paid under this Act.  All
28    interest earned from the  investment  or  deposit  of  moneys
29    accumulated in the Trust Fund shall, under Section 4.1 of the
30    State Finance Act,  be deposited into the Trust Fund.
31        (b)  Moneys  deposited  into  the Trust Fund shall not be
32    considered general revenue of the State of Illinois.
33        (c)  Moneys deposited into the Trust Fund shall  be  used
 
                            -57-     LRB093 09562 RLC 09800 b
 1    exclusively  for  the  purposes  of providing funding for the
 2    prosecution and defense of capital cases as provided in  this
 3    Act  and  shall not be appropriated, loaned, or in any manner
 4    transferred to the General  Revenue  Fund  of  the  State  of
 5    Illinois.
 6        (d)  Every fiscal year the State Treasurer shall transfer
 7    from the General Revenue Fund to the Capital Litigation Trust
 8    Fund   an   amount   equal  to  the  full  amount  of  moneys
 9    appropriated by the General Assembly (both  by  original  and
10    supplemental appropriation), less any unexpended balance from
11    the  previous  fiscal year, from the Capital Litigation Trust
12    Fund for the specific purpose of making funding available for
13    the prosecution and defense of  capital  cases.   The  Public
14    Defender  and  State's  Attorney  in  Cook  County, the State
15    Appellate   Defender,   the   State's   Attorneys   Appellate
16    Prosecutor,  and  the  Attorney  General  shall  make  annual
17    requests for appropriations from the Trust Fund.
18             (1)  The  Public  Defender  in  Cook  County   shall
19        request   appropriations   to  the  State  Treasurer  for
20        expenses incurred by the Public Defender and for  funding
21        for private appointed defense counsel in Cook  County.
22             (2)  The  State's  Attorney  in  Cook  County  shall
23        request  an  appropriation  to  the  State  Treasurer for
24        expenses incurred by the State's Attorney.
25             (3)  The State Appellate Defender  shall  request  a
26        direct  appropriation  from  the  Trust Fund for expenses
27        incurred by the State  Appellate  Defender  in  providing
28        assistance  to  trial  attorneys  under  item  (c)(5)  of
29        Section  10  of  the  State Appellate Defender Act and an
30        appropriation to the State Treasurer  for  payments  from
31        the Trust Fund for the defense of cases in counties other
32        than Cook County.
33             (4)  The   State's  Attorneys  Appellate  Prosecutor
34        shall request a direct appropriation from the Trust  Fund
 
                            -58-     LRB093 09562 RLC 09800 b
 1        to   pay  expenses  incurred  by  the  State's  Attorneys
 2        Appellate Prosecutor and an appropriation  to  the  State
 3        Treasurer  for  payments from the Trust Fund for expenses
 4        incurred by State's Attorneys in counties other than Cook
 5        County.
 6             (5)  The Attorney General  shall  request  a  direct
 7        appropriation   from  the  Trust  Fund  to  pay  expenses
 8        incurred by the Attorney General in assisting the State's
 9        Attorneys in counties other than Cook County.
10        The Public Defender and State's Attorney in Cook  County,
11    the State Appellate Defender, the State's Attorneys Appellate
12    Prosecutor,   and  the  Attorney  General  may  each  request
13    supplemental appropriations from the Trust  Fund  during  the
14    fiscal year.
15        (e)  Moneys  in  the Trust Fund shall be expended only as
16    follows:
17             (1)  To  pay  the   State   Treasurer's   costs   to
18        administer  the  Trust Fund.  The amount for this purpose
19        may not exceed 5% in any one fiscal year  of  the  amount
20        otherwise  appropriated  from  the Trust Fund in the same
21        fiscal year.
22             (2)  To pay the capital litigation expenses of trial
23        defense including, but not limited to, investigatory  and
24        other  assistance, expert, forensic, and other witnesses,
25        and mitigation specialists, and grants and  aid  provided
26        to  public  defenders or assistance to attorneys who have
27        been appointed by the court to represent  defendants  who
28        are charged with capital crimes.
29             (3)  To  pay  the  compensation  of trial attorneys,
30        other than public defenders, who have been  appointed  by
31        the  court  to  represent defendants who are charged with
32        capital crimes.
33             (4)  To provide State's Attorneys with  funding  for
34        capital  litigation  expenses  including, but not limited
 
                            -59-     LRB093 09562 RLC 09800 b
 1        to,  investigatory  and   other   assistance,   including
 2        forensic  testing  under  Section  116-3  of  the Code of
 3        Criminal Procedure of 1963,  and  expert,  forensic,  and
 4        other  witnesses  necessary  to  prosecute capital cases.
 5        State's Attorneys in any county other  than  Cook  County
 6        seeking   funding   for   capital   litigation   expenses
 7        including,  but  not  limited to, investigatory and other
 8        assistance,  including  forensic  testing  under  Section
 9        116-3 of the Code of  Criminal  Procedure  of  1963,  and
10        expert,  forensic,  or other witnesses under this Section
11        may  request  that  the   State's   Attorneys   Appellate
12        Prosecutor  or  the Attorney General, as the case may be,
13        certify  the  expenses  as  reasonable,  necessary,   and
14        appropriate  for  payment  from the Trust Fund, on a form
15        created by the State Treasurer.   Upon  certification  of
16        the  expenses  and  delivery  of the certification to the
17        State Treasurer, the Treasurer  shall  pay  the  expenses
18        directly  from the Capital Litigation Trust Fund if there
19        are sufficient moneys  in  the  Trust  Fund  to  pay  the
20        expenses.
21             (5)  To   provide   financial  support  through  the
22        Attorney General pursuant to the Attorney General Act for
23        the several county  State's  Attorneys  outside  of  Cook
24        County,  but  shall not be used to increase personnel for
25        the Attorney General's Office.
26             (6)  To  provide  financial  support   through   the
27        State's  Attorneys  Appellate  Prosecutor pursuant to the
28        State's Attorneys  Appellate  Prosecutor's  Act  for  the
29        several  county State's Attorneys outside of Cook County,
30        but shall not be  used  to  increase  personnel  for  the
31        State's Attorneys Appellate Prosecutor.
32             (7)  To  provide  financial  support  to  the  State
33        Appellate   Defender  pursuant  to  the  State  Appellate
34        Defender Act.
 
                            -60-     LRB093 09562 RLC 09800 b
 1        Moneys expended from the Trust Fund shall be in  addition
 2    to county funding for Public Defenders and State's Attorneys,
 3    and  shall  not  be  used  to supplant or reduce ordinary and
 4    customary county funding.
 5        (f)  Moneys in the Trust Fund shall  be  appropriated  to
 6    the State Appellate Defender, the State's Attorneys Appellate
 7    Prosecutor,  the  Attorney  General, and the State Treasurer.
 8    The State Appellate Defender shall receive  an  appropriation
 9    from  the  Trust  Fund  to enable it to provide assistance to
10    appointed defense counsel throughout the State and to  Public
11    Defenders in counties other than Cook.  The State's Attorneys
12    Appellate  Prosecutor  and the Attorney General shall receive
13    appropriations from the Trust Fund to enable them to  provide
14    assistance  to  State's Attorneys in counties other than Cook
15    County.  Moneys shall be appropriated to the State  Treasurer
16    to  enable  the  Treasurer (i) to make grants to Cook County,
17    (ii) to pay the expenses  of  Public  Defenders  and  State's
18    Attorneys  in  counties  other than Cook County, (iii) to pay
19    the expenses and compensation of appointed defense counsel in
20    counties other than Cook County, and (iv) to pay the costs of
21    administering the Trust Fund.  All  expenditures  and  grants
22    made  from  the  Trust  Fund shall be subject to audit by the
23    Auditor General.
24        (g)  For Cook County, grants from the Trust Fund shall be
25    made and administered as follows:
26             (1)  For  each  State  fiscal  year,   the   State's
27        Attorney  and  Public  Defender must each make a separate
28        application to the State Treasurer for capital litigation
29        grants.
30             (2)  The State Treasurer shall establish  rules  and
31        procedures  for  grant  applications.   The  rules  shall
32        require  the Cook County Treasurer as the grant recipient
33        to report on a periodic basis to the State Treasurer  how
34        much  of  the  grant  has  been expended, how much of the
 
                            -61-     LRB093 09562 RLC 09800 b
 1        grant is remaining, and the purposes for which the  grant
 2        has  been  used.   The  rules  may  also require the Cook
 3        County Treasurer to certify  on  a  periodic  basis  that
 4        expenditures  of  the  funds  have been made for expenses
 5        that  are  reasonable,  necessary,  and  appropriate  for
 6        payment from the Trust Fund.
 7             (3)  The State Treasurer shall make  the  grants  to
 8        the  Cook  County Treasurer as soon as possible after the
 9        beginning of the State fiscal year.
10             (4)  The State's Attorney  or  Public  Defender  may
11        apply for supplemental grants during the fiscal year.
12             (5)  Grant  moneys  shall be paid to the Cook County
13        Treasurer in block grants and held in  separate  accounts
14        for  the State's Attorney, the Public Defender, and court
15        appointed defense counsel  other  than  the  Cook  County
16        Public  Defender, respectively, for the designated fiscal
17        year, and are not subject to county appropriation.
18             (6)  Expenditure  of   grant   moneys   under   this
19        subsection  (g)  is  subject  to  audit  by  the  Auditor
20        General.
21             (7)  The  Cook  County  Treasurer  shall immediately
22        make payment from the appropriate separate account in the
23        county treasury for capital litigation  expenses  to  the
24        State's  Attorney,  Public  Defender,  or court appointed
25        defense counsel other than the Public  Defender,  as  the
26        case  may  be, upon order of the State's Attorney, Public
27        Defender or the court, respectively.
28        (h)  If a defendant in a capital case in Cook  County  is
29    represented  by  court  appointed counsel other than the Cook
30    County Public Defender, the appointed counsel shall  petition
31    the court for an order directing the Cook County Treasurer to
32    pay  the  court  appointed counsel's reasonable and necessary
33    compensation  and  capital  litigation  expenses  from  grant
34    moneys provided from the Trust Fund. These petitions shall be
 
                            -62-     LRB093 09562 RLC 09800 b
 1    considered  in  camera.    Orders   denying   petitions   for
 2    compensation  or expenses are final. Counsel may not petition
 3    for expenses that may have been provided  or  compensated  by
 4    the  State Appellate Defender under item (c)(5) of Section 10
 5    of the State Appellate Defender Act.
 6        (i)  In counties other than Cook  County,  and  excluding
 7    capital  litigation  expenses  or services that may have been
 8    provided by the State Appellate Defender under item (c)(5) of
 9    Section 10 of the State Appellate Defender Act:
10             (1)  Upon certification by the circuit court,  on  a
11        form  created  by  the  State  Treasurer,  that  all or a
12        portion of the expenses are  reasonable,  necessary,  and
13        appropriate  for  payment  from  the  Trust  Fund and the
14        court's delivery of the certification to  the  Treasurer,
15        the  Treasurer shall pay the certified expenses of Public
16        Defenders from the money appropriated  to  the  Treasurer
17        for  capital  litigation  expenses of Public Defenders in
18        any  county  other  than  Cook  County,  if   there   are
19        sufficient moneys in the Trust Fund to pay the expenses.
20             (2)  If a defendant in a capital case is represented
21        by   court   appointed  counsel  other  than  the  Public
22        Defender, the appointed counsel shall petition the  court
23        to  certify  compensation and capital litigation expenses
24        including, but not limited to,  investigatory  and  other
25        assistance,  expert,  forensic,  and other witnesses, and
26        mitigation  specialists  as  reasonable,  necessary,  and
27        appropriate  for  payment  from  the  Trust  Fund.   Upon
28        certification on a form created by the State Treasurer of
29        all  or  a  portion  of  the  compensation  and  expenses
30        certified as reasonable, necessary, and  appropriate  for
31        payment  from  the Trust Fund and the court's delivery of
32        the certification to the Treasurer, the  State  Treasurer
33        shall  pay  the  certified compensation and expenses from
34        the money appropriated to the Treasurer for that purpose,
 
                            -63-     LRB093 09562 RLC 09800 b
 1        if there are sufficient moneys in the Trust Fund to  make
 2        those payments.
 3             (3)  A  petition  for  capital  litigation  expenses
 4        under  this  subsection  shall  be  considered in camera.
 5        Orders denying petitions for compensation or expenses are
 6        final.
 7        (j)  If the Trust Fund is discontinued or dissolved by an
 8    Act of the General Assembly  or  by  operation  of  law,  any
 9    balance  remaining in the Trust Fund shall be returned to the
10    General Revenue Fund after deduction of administrative costs,
11    any  other  provision   of   this   Act   to   the   contrary
12    notwithstanding.
13    (Source: P.A. 91-589, eff. 1-1-00.)

14        (725 ILCS 124/19)
15        (Section scheduled to be repealed on July 1, 2004)
16        Sec. 19.  Report; repeal.
17        (a)  The  Cook  County  Public  Defender, the Cook County
18    State's Attorney, the State Appellate Defender,  the  State's
19    Attorneys  Appellate  Prosecutor,  and  the  Attorney General
20    shall each report  separately  to  the  General  Assembly  by
21    January  1,  2004  detailing the amounts of money received by
22    them through this Act, the uses for which  those  funds  were
23    expended,  the  balances then in the Capital Litigation Trust
24    Fund  or county accounts, as the case may  be,  dedicated  to
25    them  for  the use and support of Public Defenders, appointed
26    trial defense counsel, and State's Attorneys, as the case may
27    be.  The report shall  describe  and  discuss  the  need  for
28    continued   funding   through   the   Fund  and  contain  any
29    suggestions for changes to this Act.
30        (b)  (Blank)  Unless  the   General   Assembly   provides
31    otherwise, this Act is repealed on July 1, 2004.
32    (Source: P.A. 91-589, eff. 1-1-00.)
 
                            -64-     LRB093 09562 RLC 09800 b
 1        Section   50.  The Unified Code of Corrections is amended
 2    by adding Section 5-2-7 and changing Sections  3-2-7,  3-3-13
 3    and 5-4-3 as follows:

 4        (730 ILCS 5/3-2-7) (from Ch. 38, par. 1003-2-7)
 5        Sec. 3-2-7. Staff Training and Development.
 6        (a)  The Department shall train its own personnel and any
 7    personnel  from  local  agencies  by agreements under Section
 8    3-15-2.
 9        (b)  To develop and train its personnel,  the  Department
10    may  make  grants  in  aid for academic study and training in
11    fields related to corrections. The Department shall establish
12    rules for the conditions and  amounts  of  such  grants.  The
13    Department  may  employ  any  person  during  his  program of
14    studies and  may  require  the  person  to  work  for  it  on
15    completion  of his program according to the agreement entered
16    into  between  the  person  receiving  the  grant   and   the
17    Department.
18        (c)  The  training  of  personal  of the Department shall
19    include instruction on consular rights and  the  notification
20    obligations to be followed during the arrest and detention of
21    foreign   nationals   under   the  protocols  of  the  Vienna
22    Convention on Consular Relations.
23    (Source: P.A. 77-2097.)

24        (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
25        Sec. 3-3-13.  Procedure for Executive Clemency.
26        (a)  Petitions seeking pardon, commutation,  or  reprieve
27    shall  be  addressed  to  the  Governor  and  filed  with the
28    Prisoner Review Board.  The petition shall be in writing  and
29    signed  by  the person under conviction or by a person on his
30    behalf. It shall contain a brief history  of  the  case,  the
31    reasons  for  seeking  executive clemency, and other relevant
32    information the Board may require.
 
                            -65-     LRB093 09562 RLC 09800 b
 1        (a-5)  After a petition has been denied by the  Governor,
 2    the  Board  may  not  accept  a repeat petition for executive
 3    clemency for the same person until one full year has  elapsed
 4    from  the  date of the denial.  The Chairman of the Board may
 5    waive the one-year requirement if the  petitioner  offers  in
 6    writing   new   information   that  was  unavailable  to  the
 7    petitioner at the time of the filing of  the  prior  petition
 8    and  which  the  Chairman  determines to be significant.  The
 9    Chairman also may waive the one-year waiting  period  if  the
10    petitioner  can  show  that  a  change  in circumstances of a
11    compelling humanitarian nature has arisen since the denial of
12    the prior petition.
13        (b)  Notice of the proposed application shall be given by
14    the Board to the committing court and the state's attorney of
15    the county where the conviction was had.
16        (c)  The Board shall, if requested and upon  due  notice,
17    give  a  hearing to each application, allowing representation
18    by counsel, if desired, after which it  shall  confidentially
19    advise   the   Governor   by   a   written   report   of  its
20    recommendations which shall be determined by  majority  vote.
21    The  Board shall meet to consider such petitions no less than
22    4 times each year.
23        Application for executive clemency under this Section may
24    not be commenced on behalf of a person who has been sentenced
25    to death without the written consent of the defendant, unless
26    the defendant, because of a mental or physical condition,  is
27    incapable of asserting his or her own claim.
28        All  petitions  for  executive  clemency  on  behalf of a
29    person who is sentenced to  death  must  be  filed  with  the
30    Prisoner  Review  Board within 30 days from the date that the
31    Supreme Court has issued a final order setting the  execution
32    date.  The  Governor  or  the Chairman of the Prisoner Review
33    Board may waive the 30-day requirement if the petitioner  has
34    just cause for not filing the petition within the appropriate
 
                            -66-     LRB093 09562 RLC 09800 b
 1    time limitations.
 2        (d)  The  Governor  shall  decide  each  application  and
 3    communicate  his decision to the Board which shall notify the
 4    petitioner.
 5        In the event a petitioner who has  been  convicted  of  a
 6    Class  X  felony is granted a release, after the Governor has
 7    communicated such decision to the Board, the Board shall give
 8    written notice to the Sheriff of the county  from  which  the
 9    offender  was  sentenced  if  such sheriff has requested that
10    such notice be given on a continuing basis.  In  cases  where
11    arrest  of the offender or the commission of the offense took
12    place in any municipality with  a  population  of  more  than
13    10,000  persons,  the Board shall also give written notice to
14    the proper law enforcement agency for said municipality which
15    has requested notice on a continuing basis.
16        (e)  Nothing in this Section shall be construed to  limit
17    the  power  of the Governor under the constitution to grant a
18    reprieve, commutation of sentence, or pardon.
19    (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)

20        (730 ILCS 5/5-2-7 new)
21        Sec. 5-2-7.  Fitness to be executed.
22        (a) A person is unfit to be executed  if  the  person  is
23    mentally   retarded.   For  the  purposes  of  this  Section,
24    "mentally retarded" means:
25             (1)  having   significantly   sub-average    general
26        intellectual  functioning  as  evidenced  by a functional
27        intelligence quotient (I.Q.) of 70 or below; and
28             (2)  having deficits in adaptive behavior.
29        The mental retardation must have been  manifested  during
30    the developmental period, or by 18 years of age.
31        (b)  The question of fitness to be executed may be raised
32    after  pronouncement of the death sentence. The procedure for
33    raising and deciding the question shall be the same  as  that
 
                            -67-     LRB093 09562 RLC 09800 b
 1    provided  for raising and deciding the question of fitness to
 2    stand trial subject to the following specific provisions:
 3             (1)  the question shall be raised by motion filed in
 4        the sentencing court;
 5             (2)  the question shall be decided by the court;
 6             (3)  the burden of  proving  that  the  offender  is
 7        unfit to be executed is on the offender;
 8             (4)  if   the  offender  is  found  to  be  mentally
 9        retarded, the  court  must  resentence  the  offender  to
10        natural  life imprisonment under Chapter V of the Unified
11        Code of Corrections.

12        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
13        Sec. 5-4-3.  Persons convicted of,  or  found  delinquent
14    for,   certain  offenses  or  institutionalized  as  sexually
15    dangerous; specimens; genetic marker groups.
16        (a)  Any person convicted  of,  found  guilty  under  the
17    Juvenile Court Act of 1987 for, or who received a disposition
18    of  court supervision for, a qualifying offense or attempt of
19    a qualifying  offense,  convicted  or  found  guilty  of  any
20    offense  classified  as  a  felony  under Illinois law, found
21    guilty or given supervision for any offense classified  as  a
22    felony   under   the   Juvenile   Court   Act   of  1987,  or
23    institutionalized as a sexually dangerous  person  under  the
24    Sexually  Dangerous  Persons  Act, or committed as a sexually
25    violent person under the Sexually Violent Persons  Commitment
26    Act shall, regardless of the sentence or disposition imposed,
27    be  required  to submit specimens of blood, saliva, or tissue
28    to the Illinois Department of State Police in accordance with
29    the provisions of this Section, provided such person is:
30             (1)  convicted of a qualifying offense or attempt of
31        a qualifying  offense  on  or  after  July  1,  1990  the
32        effective  date  of  this  amendatory  Act  of  1989, and
33        sentenced   to   a   term   of   imprisonment,   periodic
 
                            -68-     LRB093 09562 RLC 09800 b
 1        imprisonment, fine, probation, conditional  discharge  or
 2        any  other  form  of  sentence, or given a disposition of
 3        court supervision for the offense;, or
 4             (1.5)  found guilty or given supervision  under  the
 5        Juvenile  Court  Act  of 1987 for a qualifying offense or
 6        attempt of a qualifying offense on or  after  January  1,
 7        1997;  the effective date of this amendatory Act of 1996,
 8        or
 9             (2)  ordered   institutionalized   as   a   sexually
10        dangerous person on or after July 1, 1990; the  effective
11        date of this amendatory Act of 1989, or
12             (3)  convicted of a qualifying offense or attempt of
13        a  qualifying  offense  before July 1, 1990 the effective
14        date of this amendatory Act  of  1989  and  is  presently
15        confined  as  a  result  of  such conviction in any State
16        correctional facility or  county  jail  or  is  presently
17        serving a sentence of probation, conditional discharge or
18        periodic imprisonment as a result of such conviction;, or
19             (3.5)  convicted  or  found  guilty  of  any offense
20        classified as a felony under Illinois law or found guilty
21        or given  supervision  for  such  an  offense  under  the
22        Juvenile  Court  Act of 1987 on or after August 22, 2002;
23        the effective date  of this amendatory Act  of  the  92nd
24        General Assembly, or
25             (4)  presently   institutionalized   as  a  sexually
26        dangerous person  or  presently  institutionalized  as  a
27        person  found guilty but mentally ill of a sexual offense
28        or attempt to commit a sexual offense; or
29             (4.5)  ordered  committed  as  a  sexually   violent
30        person  on  or  after  the effective date of the Sexually
31        Violent Persons Commitment Act; or
32             (5)  seeking transfer to or  residency  in  Illinois
33        under  Sections 3-3-11.05 through 3-3-11.5 of the Unified
34        Code of Corrections and the Interstate Compact for  Adult
 
                            -69-     LRB093 09562 RLC 09800 b
 1        Offender  Supervision  or  the  Interstate  Agreements on
 2        Sexually Dangerous Persons Act.
 3        Notwithstanding other provisions  of  this  Section,  any
 4    person  incarcerated in a facility of the Illinois Department
 5    of Corrections on or after August 22, 2002 the effective date
 6    of this amendatory Act of the 92nd General Assembly shall  be
 7    required  to  submit  a  specimen of blood, saliva, or tissue
 8    prior to his or her release on parole or mandatory supervised
 9    release, as a condition of his or  her  parole  or  mandatory
10    supervised release.
11        (a-5)  Any  person  who  was  otherwise  convicted  of or
12    received a disposition of court  supervision  for  any  other
13    offense  under  the  Criminal  Code  of 1961 or who was found
14    guilty or given supervision for such a  violation  under  the
15    Juvenile  Court  Act of 1987, may, regardless of the sentence
16    imposed, be required by an  order  of  the  court  to  submit
17    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
18    Department  of State Police in accordance with the provisions
19    of this Section.
20        (b)  Any person required by paragraphs (a)(1),  (a)(1.5),
21    (a)(2),  (a)(3.5),  and  (a-5) to provide specimens of blood,
22    saliva, or tissue shall provide specimens of  blood,  saliva,
23    or tissue within 45 days after sentencing or disposition at a
24    collection  site  designated  by  the  Illinois Department of
25    State Police.
26        (c)  Any person required by  paragraphs  (a)(3),  (a)(4),
27    and (a)(4.5) to provide specimens of blood, saliva, or tissue
28    shall  be  required  to  provide  such samples prior to final
29    discharge, parole, or release at a collection site designated
30    by the Illinois Department of State Police.
31        (c-5)  Any person required by paragraph (a)(5) to provide
32    specimens of blood, saliva, or tissue shall, where  feasible,
33    be  required  to  provide the specimens before being accepted
34    for conditioned residency in Illinois  under  the  interstate
 
                            -70-     LRB093 09562 RLC 09800 b
 1    compact or agreement, but no later than 45 days after arrival
 2    in this State.
 3        (c-6)  The   Illinois  Department  of  State  Police  may
 4    determine which type of specimen or specimens, blood, saliva,
 5    or tissue, is acceptable for submission to  the  Division  of
 6    Forensic Services for analysis.
 7        (d)  The   Illinois  Department  of  State  Police  shall
 8    provide all equipment  and  instructions  necessary  for  the
 9    collection of blood samples.  The collection of samples shall
10    be   performed  in  a  medically  approved  manner.   Only  a
11    physician authorized to practice medicine, a registered nurse
12    or  other  qualified  person  trained  in  venipuncture   may
13    withdraw  blood  for  the  purposes of this Act.  The samples
14    shall thereafter be forwarded to the Illinois  Department  of
15    State Police, Division of Forensic Services, for analysis and
16    categorizing into genetic marker groupings.
17        (d-1)  The  Illinois  Department  of  State  Police shall
18    provide all equipment  and  instructions  necessary  for  the
19    collection  of  saliva  samples.   The  collection  of saliva
20    samples shall be performed in a  medically  approved  manner.
21    Only  a person trained in the instructions promulgated by the
22    Illinois State Police on collecting saliva may collect saliva
23    for  the  purposes  of  this  Section.   The  samples   shall
24    thereafter  be  forwarded to the Illinois Department of State
25    Police, Division  of  Forensic  Services,  for  analysis  and
26    categorizing into genetic marker groupings.
27        (d-2)  The  Illinois  Department  of  State  Police shall
28    provide all equipment  and  instructions  necessary  for  the
29    collection  of  tissue  samples.   The  collection  of tissue
30    samples shall be performed in a  medically  approved  manner.
31    Only  a person trained in the instructions promulgated by the
32    Illinois State Police on collecting tissue may collect tissue
33    for  the  purposes  of  this  Section.   The  samples   shall
34    thereafter  be  forwarded to the Illinois Department of State
 
                            -71-     LRB093 09562 RLC 09800 b
 1    Police, Division  of  Forensic  Services,  for  analysis  and
 2    categorizing into genetic marker groupings.
 3        (d-5)  To  the  extent  that  funds  are  available,  the
 4    Illinois  Department  of  State  Police  shall  contract with
 5    qualified  personnel  and  certified  laboratories  for   the
 6    collection, analysis, and categorization of known samples.
 7        (e)  The  genetic marker groupings shall be maintained by
 8    the Illinois Department of State Police, Division of Forensic
 9    Services.
10        (f)  The genetic  marker  grouping  analysis  information
11    obtained pursuant to this Act shall be confidential and shall
12    be  released  only to peace officers of the United States, of
13    other states or territories, of the  insular  possessions  of
14    the  United  States,  of foreign countries duly authorized to
15    receive the same, to all  peace  officers  of  the  State  of
16    Illinois  and to all prosecutorial agencies.  Notwithstanding
17    the limits on disclosure stated by this subsection  (f),  the
18    genetic  marker  grouping analysis information obtained under
19    this Act also may be released by court order  pursuant  to  a
20    motion under Section 114-15 of the Code of Criminal Procedure
21    of  1963  to  a  defendant  who meets all of the requirements
22    under that Section.  The  genetic  marker  grouping  analysis
23    information  obtained pursuant to this Act shall be used only
24    for (i) valid law enforcement identification purposes and  as
25    required   by   the   Federal  Bureau  of  Investigation  for
26    participation in the National DNA database or (ii) technology
27    validation purposes.   Notwithstanding  any  other  statutory
28    provision  to  the  contrary,  all information obtained under
29    this Section shall be maintained in a single State data base,
30    which may be uploaded into a  national  database,  and  which
31    information  may  be subject to expungement only as set forth
32    in subsection (f-1).
33        (f-1)  Upon receipt of notification of a  reversal  of  a
34    conviction based on actual innocence, or of the granting of a
 
                            -72-     LRB093 09562 RLC 09800 b
 1    pardon  pursuant  to  Section 12 of Article V of the Illinois
 2    Constitution, if that  pardon  document  specifically  states
 3    that  the reason for the pardon is the actual innocence of an
 4    individual whose DNA record has been stored in the  State  or
 5    national  DNA  identification  index  in accordance with this
 6    Section by the Illinois Department of State Police,  the  DNA
 7    record  shall  be expunged from the DNA identification index,
 8    and the Department shall  by  rule  prescribe  procedures  to
 9    ensure  that  the  record and any samples, analyses, or other
10    documents relating to such record, whether in the  possession
11    of the Department or any law enforcement or police agency, or
12    any  forensic  DNA  laboratory,  including  any duplicates or
13    copies thereof, are destroyed and a letter  is  sent  to  the
14    court verifying the expungement is completed.
15        (f-5)  Any  person  who intentionally uses genetic marker
16    grouping  analysis  information,  or  any  other  information
17    derived from a DNA sample,  beyond  the  authorized  uses  as
18    provided  under  this  Section, or any other Illinois law, is
19    guilty of a Class 4 felony, and shall be subject to a fine of
20    not less than $5,000.
21        (g)  For  the  purposes  of  this  Section,   "qualifying
22    offense" means any of the following:
23             (1)  any  violation or inchoate violation of Section
24        11-6, 11-9.1, 11-11, 11-18.1,  12-15,  or  12-16  of  the
25        Criminal Code of 1961;, or
26             (1.1)  any   violation   or  inchoate  violation  of
27        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
28        18-3, 18-4, 19-1, or 19-2 of the Criminal  Code  of  1961
29        for  which  persons  are  convicted  on  or after July 1,
30        2001;, or
31             (2)  any former statute of this State which  defined
32        a felony sexual offense;, or
33             (3)  (blank);, or
34             (4)  any   inchoate   violation  of  Section  9-3.1,
 
                            -73-     LRB093 09562 RLC 09800 b
 1        11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of  1961;,
 2        or
 3             (5)  any  violation or inchoate violation of Article
 4        29D of the Criminal Code of 1961.
 5        (g-5)  (Blank).
 6        (h)  The Illinois Department of State Police shall be the
 7    State central repository  for  all  genetic  marker  grouping
 8    analysis  information  obtained  pursuant  to  this Act.  The
 9    Illinois Department of State Police may promulgate rules  for
10    the  form  and  manner of the collection of blood, saliva, or
11    tissue samples and other procedures for the operation of this
12    Act.  The provisions of the Administrative Review  Law  shall
13    apply to all actions taken under the rules so promulgated.
14        (i)  A  person  required  to  provide a blood, saliva, or
15    tissue specimen shall cooperate with the  collection  of  the
16    specimen  and  any  deliberate act by that person intended to
17    impede, delay or stop the collection of the blood, saliva, or
18    tissue specimen is a Class A misdemeanor.
19        (j)  Any person required  by  subsection  (a)  to  submit
20    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
21    Department  of  State  Police for analysis and categorization
22    into genetic  marker  grouping,  in  addition  to  any  other
23    disposition,  penalty, or fine imposed, shall pay an analysis
24    fee of $200.  If the analysis fee is not paid at the time  of
25    sentencing, the court shall establish a fee schedule by which
26    the  entire amount of the analysis fee shall be paid in full,
27    such schedule not to  exceed  24  months  from  the  time  of
28    conviction.  The inability to pay this analysis fee shall not
29    be the sole ground to incarcerate the person.
30        (k)  All analysis and categorization fees provided for by
31    subsection (j) shall be regulated as follows:
32             (1)  The  State  Offender  DNA Identification System
33        Fund is hereby created as a special  fund  in  the  State
34        Treasury.
 
                            -74-     LRB093 09562 RLC 09800 b
 1             (2)  All fees shall be collected by the clerk of the
 2        court   and   forwarded   to   the   State  Offender  DNA
 3        Identification System Fund for deposit.  The clerk of the
 4        circuit court may retain the  amount  of  $10  from  each
 5        collected  analysis  fee  to  offset administrative costs
 6        incurred in carrying  out  the  clerk's  responsibilities
 7        under this Section.
 8             (3)  Fees  deposited  into  the  State  Offender DNA
 9        Identification System Fund  shall  be  used  by  Illinois
10        State  Police  crime  laboratories  as  designated by the
11        Director of  State  Police.   These  funds  shall  be  in
12        addition  to  any  allocations  made pursuant to existing
13        laws and shall be designated for  the  exclusive  use  of
14        State  crime  laboratories.   These uses may include, but
15        are not limited to, the following:
16                  (A)  Costs incurred in providing  analysis  and
17             genetic   marker   categorization   as  required  by
18             subsection (d).
19                  (B)  Costs  incurred  in  maintaining   genetic
20             marker groupings as required by subsection (e).
21                  (C)  Costs   incurred   in   the  purchase  and
22             maintenance  of  equipment  for  use  in  performing
23             analyses.
24                  (D)  Costs incurred in continuing research  and
25             development  of  new  techniques  for  analysis  and
26             genetic marker categorization.
27                  (E)  Costs  incurred  in  continuing education,
28             training, and professional development  of  forensic
29             scientists regularly employed by these laboratories.
30        (l)  The failure of a person to provide a specimen, or of
31    any person or agency to collect a specimen, within the 45 day
32    period  shall in no way alter the obligation of the person to
33    submit such  specimen,  or  the  authority  of  the  Illinois
34    Department  of  State  Police  or  persons  designated by the
 
                            -75-     LRB093 09562 RLC 09800 b
 1    Department to collect the specimen, or the authority  of  the
 2    Illinois  Department  of  State Police to accept, analyze and
 3    maintain the specimen or to maintain  or  upload  results  of
 4    genetic  marker grouping analysis information into a State or
 5    national database.
 6    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
 7    92-40, eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600,  eff.
 8    6-28-02;  92-829, eff. 8-22-02; 92-854, eff. 12-5-02; revised
 9    1-20-03.)

10        Section 99.  Effective date.  This Act takes effect  upon
11    becoming law.
 
                            -76-     LRB093 09562 RLC 09800 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    15 ILCS 205/4             from Ch. 14, par. 4
 4    20 ILCS 2610/9.5 new
 5    20 ILCS 3930/7            from Ch. 38, par. 210-7
 6    50 ILCS 705/6.1
 7    50 ILCS 705/7             from Ch. 85, par. 507
 8    55 ILCS 5/3-4006          from Ch. 34, par. 3-4006
 9    720 ILCS 5/8-4            from Ch. 38, par. 8-4
10    720 ILCS 5/9-1            from Ch. 38, par. 9-1
11    720 ILCS 5/14-3           from Ch. 38, par. 14-3
12    725 ILCS 5/103-10 new
13    725 ILCS 5/103-11 new
14    725 ILCS 5/ Art. 106F heading new
15    725 ILCS 5/106F-5 new
16    725 ILCS 5/106G Art. 106G heading new
17    725 ILCS 5/106G-5 new
18    725 ILCS 5/ Art. 107A heading new
19    725 ILCS 5/107A-5 new
20    725 ILCS 5/108-15 new
21    725 ILCS 5/113-8 new
22    725 ILCS 5/114-11         from Ch. 38, par. 114-11
23    725 ILCS 5/114-13         from Ch. 38, par. 114-13
24    725 ILCS 5/114-15 new
25    725 ILCS 5/114-16 new
26    725 ILCS 5/115-16.1 new
27    725 ILCS 5/115-19
28    725 ILCS 5/115-21 new
29    725 ILCS 5/116-3
30    725 ILCS 5/122-1          from Ch. 38, par. 122-1
31    725 ILCS 5/122-2.1        from Ch. 38, par. 122-2.1
32    725 ILCS 105/10           from Ch. 38, par. 208-10
33    725 ILCS 124/10
34    725 ILCS 124/15
 
                            -77-     LRB093 09562 RLC 09800 b
 1    725 ILCS 124/19
 2    730 ILCS 5/3-2-7          from Ch. 38, par. 1003-2-7
 3    730 ILCS 5/3-3-13         from Ch. 38, par. 1003-3-13
 4    730 ILCS 5/5-2-7 new
 5    730 ILCS 5/5-4-3          from Ch. 38, par. 1005-4-3