093_HB3280

                                     LRB093 09696 RLC 09936 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  5.  The  Code  of  Criminal Procedure of 1963 is
 5    amended by adding Section 113-7 as follows:

 6        (725 ILCS 5/113-7 new)
 7        Sec. 113-7. Notice of intention to seek  or  decline  the
 8    death penalty; State Death Penalty Review Committee.
 9        (a)  State  Death  Penalty Review Committee.  The State's
10    Attorney or Attorney General  shall  provide  notice  of  the
11    State's  intention  to  seek  or decline the death penalty by
12    filing a Notice of  Intent  to  Seek  or  Decline  the  Death
13    Penalty  as soon as practicable. In no event shall the filing
14    of the notice be  later  than  120  days  after  arraignment,
15    unless,  for good cause shown, the court directs otherwise. A
16    notice of intent to seek the death penalty shall also include
17    all  of  the  statutory  aggravating  factors  enumerated  in
18    subsection (b) of Section 9-1 of the Criminal  Code  of  1961
19    which the State intends to introduce during the death penalty
20    sentencing hearing.
21        (b)  The  State's  Attorney or Attorney General must also
22    submit the decision to seek the death penalty  to  the  State
23    Death  Penalty Review Committee for approval. The State Death
24    Penalty Review Committee  is  created  effective  January  1,
25    2004.  The  Review  Committee  shall  be composed of 5 voting
26    members consisting of the Attorney  General  or  his  or  her
27    designee,  the  State's Attorney of Cook County or his or her
28    designee, the president of the  Illinois  State's  Attorney's
29    Association,  a  State's Attorney from some county other than
30    Cook appointed by the Governor, and a retired judge appointed
31    by the Governor.   The  Governor  may  appoint  an  alternate
 
                            -2-      LRB093 09696 RLC 09936 b
 1    member  who shall only participate and vote in the event of a
 2    tie vote. The retired judge member shall have  experience  in
 3    criminal  law  and  preferably  appellate  review of criminal
 4    cases. The Attorney General and Cook County State's  Attorney
 5    shall  serve  during  their  respective  terms of office. The
 6    president of the State's Attorney's Association  shall  serve
 7    for one year concurrent with the elected term as president of
 8    the  State's  Attorney's  Association.  The  State's Attorney
 9    appointed by the Governor shall serve for one  year  and  the
10    retired  judge  member shall serve for 4 years. The alternate
11    member shall serve at the pleasure of the Governor.   In  the
12    event of a vacancy of a member appointed by the Governor, the
13    appointment  to  fill  the  vacancy shall be made in the same
14    manner as the original  appointment.  The  appointed  members
15    shall serve until their successor is appointed and qualified.
16    The  Attorney  General  or his or her designee shall serve as
17    chairman.
18        (c)  The  State  Death  Penalty  Review  Committee   must
19    develop standards to assist State's Attorneys in the exercise
20    of  discretion in seeking the death penalty on a first degree
21    murder charge. The  Review  Committee  must  also  approve  a
22    decision  by  a  State's Attorney or Attorney General to seek
23    the death penalty in a first degree murder case.  The  review
24    must  include  the  appropriateness  of the sentence of death
25    upon conviction and whether the decision is  consistent  with
26    the  application  of the death penalty in other counties. The
27    Review Committee must consider information submitted  by  the
28    State's Attorney or Attorney General and defense counsel that
29    is  relevant to the review. Information submitted that is not
30    otherwise subject to discovery at this  stage  of  the  court
31    proceedings or for which confidentiality is necessary for the
32    security  of  any individual, is confidential and not subject
33    to disclosure outside of the Review Committee.
34        (d)  Approval by the Review Committee shall  be  pursuant
 
                            -3-      LRB093 09696 RLC 09936 b
 1    to  a  vote  of  3  members  of  the  Committee; however, the
 2    Attorney General or a State's Attorney must recuse himself or
 3    herself from voting on any case  prosecuted  by  his  or  her
 4    office.  The  final decision of the Review Committee shall be
 5    promptly provided to:
 6             (1)  the court in which the defendant is charged;
 7             (2)  the submitting  State's  Attorney  or  Attorney
 8        General;
 9             (3)  the defendant's attorney; and
10             (4)  the  Governor,  upon request, after the Supreme
11        Court has  ordered  the  final  execution  date  for  the
12        defendant.