97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3489

 

Introduced 2/7/2012, by Sen. Kwame Raoul

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 105/10  from Ch. 38, par. 208-10

    Amends State Appellate Defender Act. Deletes the discretionary duty of the State Appellate Defender to provide assistance to trial counsel in capital cases. Adds the discretionary duty to provide training, assistance of expert witnesses, and investigators to public defenders from funds appropriated for those purposes. Prohibits the State Appellate Defender from being appointed as trial counsel. Deletes authority of investigators for the Capital Trial Assistance Unit and Capital Post Conviction Unit to access the Law Enforcement Agencies Data System (LEADS) for witness background checks. Deletes the authority for the State Appellate Defender to request appropriations from the Capital Litigation Trust Fund for capital case expenses in assisting trial counsel, representing petitioners in post-conviction proceedings, and in defending cases in counties other than Cook County. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Appellate Defender Act is amended by
5changing Section 10 as follows:
 
6    (725 ILCS 105/10)  (from Ch. 38, par. 208-10)
7    Sec. 10. Powers and duties of State Appellate Defender.
8    (a) The State Appellate Defender shall represent indigent
9persons on appeal in criminal and delinquent minor proceedings,
10when appointed to do so by a court under a Supreme Court Rule
11or law of this State.
12    (b) The State Appellate Defender shall submit a budget for
13the approval of the State Appellate Defender Commission.
14    (c) The State Appellate Defender may:
15        (1) maintain a panel of private attorneys available to
16    serve as counsel on a case basis;
17        (2) establish programs, alone or in conjunction with
18    law schools, for the purpose of utilizing volunteer law
19    students as legal assistants;
20        (3) cooperate and consult with state agencies,
21    professional associations, and other groups concerning the
22    causes of criminal conduct, the rehabilitation and
23    correction of persons charged with and convicted of crime,

 

 

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1    the administration of criminal justice, and, in counties of
2    less than 1,000,000 population, study, design, develop and
3    implement model systems for the delivery of trial level
4    defender services, and make an annual report to the General
5    Assembly;
6        (4) hire investigators to provide investigative
7    services to appointed counsel and county public defenders;
8        (5) (Blank.) in cases in which a death sentence is an
9    authorized disposition, provide trial counsel with legal
10    assistance and the assistance of expert witnesses,
11    investigators, and mitigation specialists from funds
12    appropriated to the State Appellate Defender specifically
13    for that purpose by the General Assembly. The Office of
14    State Appellate Defender shall not be appointed to serve as
15    trial counsel in capital cases;
16        (5.5) provide training to county public defenders;
17        (5.7) provide county public defenders with the
18    assistance of expert witnesses and investigators from
19    funds appropriated to the State Appellate Defender
20    specifically for that purpose by the General Assembly. The
21    Office of the State Appellate Defender shall not be
22    appointed to act as trial counsel;
23        (6) develop a Juvenile Defender Resource Center to: (i)
24    study, design, develop, and implement model systems for the
25    delivery of trial level defender services for juveniles in
26    the justice system; (ii) in cases in which a sentence of

 

 

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

 

 

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1Appellate Defender shall request a direct appropriation from
2the Capital Litigation Trust Fund for expenses incurred by the
3State Appellate Defender in providing assistance to trial
4attorneys under item (c)(5) of this Section and for expenses
5incurred by the State Appellate Defender in representing
6petitioners in capital cases in post-conviction proceedings
7under Article 122 of the Code of Criminal Procedure of 1963 and
8in relation to petitions filed under Section 2-1401 of the Code
9of Civil Procedure in relation to capital cases and for the
10representation of those petitioners by attorneys approved by or
11contracted with the State Appellate Defender and an
12appropriation to the State Treasurer for payments from the
13Trust Fund for the defense of cases in counties other than Cook
14County. The State Appellate Defender may appear before the
15General Assembly at other times during the State's fiscal year
16to request supplemental appropriations from the Trust Fund to
17the State Treasurer.
18    (e) The requirement for reporting to the General Assembly
19shall be satisfied by filing copies of the report with the
20Speaker, the Minority Leader and the Clerk of the House of
21Representatives and the President, the Minority Leader and the
22Secretary of the Senate and the Legislative Research Unit, as
23required by Section 3.1 of the General Assembly Organization
24Act and filing such additional copies with the State Government
25Report Distribution Center for the General Assembly as is
26required under paragraph (t) of Section 7 of the State Library

 

 

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1Act.
2(Source: P.A. 95-376, eff. 1-1-08; 96-1148, eff. 7-21-10.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.