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91_SB0574enr SB574 Enrolled SRS91S0019PWch 1 AN ACT in relation to capital litigation. 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 Capital Crimes Litigation Act. 6 Section 5. Appointment of trial counsel in death penalty 7 cases. If an indigent defendant is charged with an offense 8 for which a sentence of death is authorized, and the State's 9 Attorney has not, at or before arraignment, filed a 10 certificate indicating he or she will not seek the death 11 penalty or stated on the record in open court that the death 12 penalty will not be sought, the trial court shall immediately 13 appoint the Public Defender, or such other qualified attorney 14 or attorneys as the Illinois Supreme Court shall by rule 15 provide, to represent the defendant as trial counsel. If the 16 Public Defender is appointed, he or she shall immediately 17 assign such attorney or attorneys who are public defenders to 18 represent the defendant. The counsel shall meet the 19 qualifications as the Supreme Court shall by rule provide. 20 Section 10. Court appointed trial counsel; compensation 21 and expenses. 22 (a) This Section applies only to compensation and 23 expenses of trial counsel appointed by the court as set forth 24 in Section 5, other than public defenders, for the period 25 after arraignment and so long as the State's Attorney has 26 not, at any time, filed a certificate indicating he or she 27 will not seek the death penalty or stated on the record in 28 open court that the death penalty will not be sought. 29 (b) Appointed trial counsel shall be compensated upon 30 presentment and certification by the circuit court of a claim SB574 Enrolled -2- SRS91S0019PWch 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. 18 (c) Appointed trial counsel may also petition the court 19 for certification of expenses for reasonable and necessary 20 capital litigation expenses including, but not limited to, 21 investigatory and other assistance, expert, forensic, and 22 other witnesses, and mitigation specialists. Counsel may not 23 petition for certification of expenses that may have been 24 provided or compensated by the State Appellate Defender under 25 item (c)(5) of Section 10 of the State Appellate Defender 26 Act. 27 (d) Appointed trial counsel shall petition the court for 28 certification of compensation and expenses under this Section 29 periodically during the course of counsel's representation. 30 If the court determines that the compensation and expenses 31 should be paid from the Capital Litigation Trust Fund, the 32 court shall certify, on a form created by the State 33 Treasurer, that all or a designated portion of the amount 34 requested is reasonable, necessary, and appropriate for SB574 Enrolled -3- SRS91S0019PWch 1 payment from the Trust Fund. Certification of compensation 2 and expenses by a court in any county other than Cook County 3 shall be delivered by the court to the State Treasurer and 4 paid by the State Treasurer directly from the Capital 5 Litigation Trust Fund if there are sufficient moneys in the 6 Trust Fund to pay the compensation and expenses. 7 Certification of compensation and expenses by a court in Cook 8 County shall be delivered by the court to the county 9 treasurer and paid by the county treasurer from moneys 10 granted to the county from the Capital Litigation Trust Fund. 11 Section 15. Capital Litigation Trust Fund. 12 (a) The Capital Litigation Trust Fund is created as a 13 special fund in the State Treasury. The Trust Fund shall be 14 administered by the State Treasurer to provide moneys for the 15 appropriations to be made, grants to be awarded, and 16 compensation and expenses to be paid under this Act. All 17 interest earned from the investment or deposit of moneys 18 accumulated in the Trust Fund shall, under Section 4.1 of the 19 State Finance Act, be deposited into the Trust Fund. 20 (b) Moneys deposited into the Trust Fund shall not be 21 considered general revenue of the State of Illinois. 22 (c) Moneys deposited into the Trust Fund shall be used 23 exclusively for the purposes of providing funding for the 24 prosecution and defense of capital cases as provided in this 25 Act and shall not be appropriated, loaned, or in any manner 26 transferred to the General Revenue Fund of the State of 27 Illinois. 28 (d) Every fiscal year the State Treasurer shall transfer 29 from the General Revenue Fund to the Capital Litigation Trust 30 Fund an amount equal to the full amount of moneys 31 appropriated by the General Assembly (both by original and 32 supplemental appropriation), less any unexpended balance from 33 the previous fiscal year, from the Capital Litigation Trust SB574 Enrolled -4- SRS91S0019PWch 1 Fund for the specific purpose of making funding available for 2 the prosecution and defense of capital cases. The Public 3 Defender and State's Attorney in Cook County, the State 4 Appellate Defender, the State's Attorneys Appellate 5 Prosecutor, and the Attorney General shall make annual 6 requests for appropriations from the Trust Fund. 7 (1) The Public Defender in Cook County shall 8 request appropriations to the State Treasurer for 9 expenses incurred by the Public Defender and for funding 10 for private appointed defense counsel in Cook County. 11 (2) The State's Attorney in Cook County shall 12 request an appropriation to the State Treasurer for 13 expenses incurred by the State's Attorney. 14 (3) The State Appellate Defender shall request a 15 direct appropriation from the Trust Fund for expenses 16 incurred by the State Appellate Defender in providing 17 assistance to trial attorneys under item (c)(5) of 18 Section 10 of the State Appellate Defender Act and an 19 appropriation to the State Treasurer for payments from 20 the Trust Fund for the defense of cases in counties other 21 than Cook County. 22 (4) The State's Attorneys Appellate Prosecutor 23 shall request a direct appropriation from the Trust Fund 24 to pay expenses incurred by the State's Attorneys 25 Appellate Prosecutor and an appropriation to the State 26 Treasurer for payments from the Trust Fund for expenses 27 incurred by State's Attorneys in counties other than Cook 28 County. 29 (5) The Attorney General shall request a direct 30 appropriation from the Trust Fund to pay expenses 31 incurred by the Attorney General in assisting the State's 32 Attorneys in counties other than Cook County. 33 The Public Defender and State's Attorney in Cook County, 34 the State Appellate Defender, the State's Attorneys Appellate SB574 Enrolled -5- SRS91S0019PWch 1 Prosecutor, and the Attorney General may each request 2 supplemental appropriations from the Trust Fund during the 3 fiscal year. 4 (e) Moneys in the Trust Fund shall be expended only as 5 follows: 6 (1) To pay the State Treasurer's costs to 7 administer the Trust Fund. The amount for this purpose 8 may not exceed 5% in any one fiscal year of the amount 9 otherwise appropriated from the Trust Fund in the same 10 fiscal year. 11 (2) To pay the capital litigation expenses of trial 12 defense including, but not limited to, investigatory and 13 other assistance, expert, forensic, and other witnesses, 14 and mitigation specialists, and grants and aid provided 15 to public defenders or assistance to attorneys who have 16 been appointed by the court to represent defendants who 17 are charged with capital crimes. 18 (3) To pay the compensation of trial attorneys, 19 other than public defenders, who have been appointed by 20 the court to represent defendants who are charged with 21 capital crimes. 22 (4) To provide State's Attorneys with funding for 23 capital litigation expenses including, but not limited 24 to, investigatory and other assistance and expert, 25 forensic, and other witnesses necessary to prosecute 26 capital cases. State's Attorneys in any county other 27 than Cook County seeking funding for capital litigation 28 expenses including, but not limited to, investigatory and 29 other assistance and expert, forensic, or other witnesses 30 under this Section may request that the State's Attorneys 31 Appellate Prosecutor or the Attorney General, as the case 32 may be, certify the expenses as reasonable, necessary, 33 and appropriate for payment from the Trust Fund, on a 34 form created by the State Treasurer. Upon certification SB574 Enrolled -6- SRS91S0019PWch 1 of the expenses and delivery of the certification to the 2 State Treasurer, the Treasurer shall pay the expenses 3 directly from the Capital Litigation Trust Fund if there 4 are sufficient moneys in the Trust Fund to pay the 5 expenses. 6 (5) To provide financial support through the 7 Attorney General pursuant to the Attorney General Act for 8 the several county State's Attorneys outside of Cook 9 County, but shall not be used to increase personnel for 10 the Attorney General's Office. 11 (6) To provide financial support through the 12 State's Attorneys Appellate Prosecutor pursuant to the 13 State's Attorneys Appellate Prosecutor's Act for the 14 several county State's Attorneys outside of Cook County, 15 but shall not be used to increase personnel for the 16 State's Attorneys Appellate Prosecutor. 17 (7) To provide financial support to the State 18 Appellate Defender pursuant to the State Appellate 19 Defender Act. 20 Moneys expended from the Trust Fund shall be in addition 21 to county funding for Public Defenders and State's Attorneys, 22 and shall not be used to supplant or reduce ordinary and 23 customary county funding. 24 (f) Moneys in the Trust Fund shall be appropriated to 25 the State Appellate Defender, the State's Attorneys Appellate 26 Prosecutor, the Attorney General, and the State Treasurer. 27 The State Appellate Defender shall receive an appropriation 28 from the Trust Fund to enable it to provide assistance to 29 appointed defense counsel throughout the State and to Public 30 Defenders in counties other than Cook. The State's Attorneys 31 Appellate Prosecutor and the Attorney General shall receive 32 appropriations from the Trust Fund to enable them to provide 33 assistance to State's Attorneys in counties other than Cook 34 County. Moneys shall be appropriated to the State Treasurer SB574 Enrolled -7- SRS91S0019PWch 1 to enable the Treasurer (i) to make grants to Cook County, 2 (ii) to pay the expenses of Public Defenders and State's 3 Attorneys in counties other than Cook County, (iii) to pay 4 the expenses and compensation of appointed defense counsel in 5 counties other than Cook County, and (iv) to pay the costs of 6 administering the Trust Fund. All expenditures and grants 7 made from the Trust Fund shall be subject to audit by the 8 Auditor General. 9 (g) For Cook County, grants from the Trust Fund shall be 10 made and administered as follows: 11 (1) For each State fiscal year, the State's 12 Attorney and Public Defender must each make a separate 13 application to the State Treasurer for capital litigation 14 grants. 15 (2) The State Treasurer shall establish rules and 16 procedures for grant applications. The rules shall 17 require the Cook County Treasurer as the grant recipient 18 to report on a periodic basis to the State Treasurer how 19 much of the grant has been expended, how much of the 20 grant is remaining, and the purposes for which the grant 21 has been used. The rules may also require the Cook 22 County Treasurer to certify on a periodic basis that 23 expenditures of the funds have been made for expenses 24 that are reasonable, necessary, and appropriate for 25 payment from the Trust Fund. 26 (3) The State Treasurer shall make the grants to 27 the Cook County Treasurer as soon as possible after the 28 beginning of the State fiscal year. 29 (4) The State's Attorney or Public Defender may 30 apply for supplemental grants during the fiscal year. 31 (5) Grant moneys shall be paid to the Cook County 32 Treasurer in block grants and held in separate accounts 33 for the State's Attorney, the Public Defender, and court 34 appointed defense counsel other than the Cook County SB574 Enrolled -8- SRS91S0019PWch 1 Public Defender, respectively, for the designated fiscal 2 year, and are not subject to county appropriation. 3 (6) Expenditure of grant moneys under this 4 subsection (g) is subject to audit by the Auditor 5 General. 6 (7) The Cook County Treasurer shall immediately 7 make payment from the appropriate separate account in the 8 county treasury for capital litigation expenses to the 9 State's Attorney, Public Defender, or court appointed 10 defense counsel other than the Public Defender, as the 11 case may be, upon order of the State's Attorney, Public 12 Defender or the court, respectively. 13 (h) If a defendant in a capital case in Cook County is 14 represented by court appointed counsel other than the Cook 15 County Public Defender, the appointed counsel shall petition 16 the court for an order directing the Cook County Treasurer to 17 pay the court appointed counsel's reasonable and necessary 18 compensation and capital litigation expenses from grant 19 moneys provided from the Trust Fund. These petitions shall be 20 considered in camera. Orders denying petitions for 21 compensation or expenses are final. Counsel may not petition 22 for expenses that may have been provided or compensated by 23 the State Appellate Defender under item (c)(5) of Section 10 24 of the State Appellate Defender Act. 25 (i) In counties other than Cook County, and excluding 26 capital litigation expenses or services that may have been 27 provided by the State Appellate Defender under item (c)(5) of 28 Section 10 of the State Appellate Defender Act: 29 (1) Upon certification by the circuit court, on a 30 form created by the State Treasurer, that all or a 31 portion of the expenses are reasonable, necessary, and 32 appropriate for payment from the Trust Fund and the 33 court's delivery of the certification to the Treasurer, 34 the Treasurer shall pay the certified expenses of Public SB574 Enrolled -9- SRS91S0019PWch 1 Defenders from the money appropriated to the Treasurer 2 for capital litigation expenses of Public Defenders in 3 any county other than Cook County, if there are 4 sufficient moneys in the Trust Fund to pay the expenses. 5 (2) If a defendant in a capital case is represented 6 by court appointed counsel other than the Public 7 Defender, the appointed counsel shall petition the court 8 to certify compensation and capital litigation expenses 9 including, but not limited to, investigatory and other 10 assistance, expert, forensic, and other witnesses, and 11 mitigation specialists as reasonable, necessary, and 12 appropriate for payment from the Trust Fund. Upon 13 certification on a form created by the State Treasurer of 14 all or a portion of the compensation and expenses 15 certified as reasonable, necessary, and appropriate for 16 payment from the Trust Fund and the court's delivery of 17 the certification to the Treasurer, the State Treasurer 18 shall pay the certified compensation and expenses from 19 the money appropriated to the Treasurer for that purpose, 20 if there are sufficient moneys in the Trust Fund to make 21 those payments. 22 (3) A petition for capital litigation expenses 23 under this subsection shall be considered in camera. 24 Orders denying petitions for compensation or expenses are 25 final. 26 (j) If the Trust Fund is discontinued or dissolved by an 27 Act of the General Assembly or by operation of law, any 28 balance remaining in the Trust Fund shall be returned to the 29 General Revenue Fund after deduction of administrative costs, 30 any other provision of this Act to the contrary 31 notwithstanding. 32 Section 19. Report; repeal. 33 (a) The Cook County Public Defender, the Cook County SB574 Enrolled -10- SRS91S0019PWch 1 State's Attorney, the State Appellate Defender, the State's 2 Attorneys Appellate Prosecutor, and the Attorney General 3 shall each report separately to the General Assembly by 4 January 1, 2004 detailing the amounts of money received by 5 them through this Act, the uses for which those funds were 6 expended, the balances then in the Capital Litigation Trust 7 Fund or county accounts, as the case may be, dedicated to 8 them for the use and support of Public Defenders, appointed 9 trial defense counsel, and State's Attorneys, as the case may 10 be. The report shall describe and discuss the need for 11 continued funding through the Fund and contain any 12 suggestions for changes to this Act. 13 (b) Unless the General Assembly provides otherwise, this 14 Act is repealed on July 1, 2004. 15 Section 20. The Civil Administrative Code of Illinois is 16 amended by changing Section 55a-4 as follows: 17 (20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4) 18 Sec. 55a-4. The Division of Forensic Services shall 19 exercise the following functions: 20 1. to exercise the rights, powers and duties vested by 21 law in the Department by "An Act in relation to criminal 22 identification and investigation", approved July 2, 1931, as 23 amended; 24 2. to exercise the rights, powers and duties vested by 25 law in the Department by subsection (5) of Section 55a of 26 this Act; 27 3. to provide assistance to local law enforcement 28 agencies through training, management and consultant 29 services; 30 4. to exercise the rights, powers and duties vested by 31 law in the Department by "An Act relating to the 32 acquisition, possession and transfer of firearms and firearm SB574 Enrolled -11- SRS91S0019PWch 1 ammunition and to provide a penalty for the violation thereof 2 and to make an appropriation in connection therewith", 3 approved August 3, 1967, as amended; 4 5. to exercise other duties which may be assigned by the 5 Director in order to fulfill the responsibilities and achieve 6 the purposes of the Department;and7 6. to establish and operate a forensic science 8 laboratory system, including a forensic toxicological 9 laboratory service, for the purpose of testing specimens 10 submitted by coroners and other law enforcement officers in 11 their efforts to determine whether alcohol, drugs or 12 poisonous or other toxic substances have been involved in 13 deaths, accidents or illness. Forensic toxicological 14 laboratories shall be established in Springfield, Chicago and 15 elsewhere in the State as needed; and.16 7. subject to specific appropriations made for these 17 purposes, to establish and coordinate a system for providing 18 accurate and expedited forensic science and other 19 investigative and laboratory services to local law 20 enforcement agencies and local State's Attorneys in aid of 21 the investigation and trial of capital cases. 22 (Source: P.A. 90-130, eff. 1-1-98.) 23 Section 23. The State Finance Act is amended by adding 24 Section 5.490 as follows: 25 (30 ILCS 105/5.490 new) 26 Sec. 5.490. Capital Litigation Trust Fund. 27 Section 25. The Counties Code is amended by changing 28 Section 3-9005 and adding Section 3-4006.1 as follows: 29 (55 ILCS 5/3-4006.1 new) 30 Sec. 3-4006.1. Powers and Duties of the Cook County SB574 Enrolled -12- SRS91S0019PWch 1 Public Defender. For each State fiscal year, the Cook County 2 Public Defender shall appear before the General Assembly and 3 request appropriations to be made from the Capital Litigation 4 Trust Fund to the State Treasurer for the purpose of 5 providing trial defense assistance in capital cases. The 6 Public Defender may appear before the General Assembly at 7 other times during the State's fiscal year to request 8 supplemental appropriations be made from the Trust Fund to 9 the State Treasurer. 10 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005) 11 Sec. 3-9005. Powers and duties of State's attorney. 12 (a) The duty of each State's attorney shall be: 13 (1) To commence and prosecute all actions, suits, 14 indictments and prosecutions, civil and criminal, in the 15 circuit court for his county, in which the people of the 16 State or county may be concerned. 17 (2) To prosecute all forfeited bonds and 18 recognizances, and all actions and proceedings for the 19 recovery of debts, revenues, moneys, fines, penalties and 20 forfeitures accruing to the State or his county, or to 21 any school district or road district in his county; also, 22 to prosecute all suits in his county against railroad or 23 transportation companies, which may be prosecuted in the 24 name of the People of the State of Illinois. 25 (3) To commence and prosecute all actions and 26 proceedings brought by any county officer in his official 27 capacity. 28 (4) To defend all actions and proceedings brought 29 against his county, or against any county or State 30 officer, in his official capacity, within his county. 31 (5) To attend the examination of all persons 32 brought before any judge on habeas corpus, when the 33 prosecution is in his county. SB574 Enrolled -13- SRS91S0019PWch 1 (6) To attend before judges and prosecute charges 2 of felony or misdemeanor, for which the offender is 3 required to be recognized to appear before the circuit 4 court, when in his power so to do. 5 (7) To give his opinion, without fee or reward, to 6 any county officer in his county, upon any question or 7 law relating to any criminal or other matter, in which 8 the people or the county may be concerned. 9 (8) To assist the attorney general whenever it may 10 be necessary, and in cases of appeal from his county to 11 the Supreme Court, to which it is the duty of the 12 attorney general to attend, he shall furnish the attorney 13 general at least 10 days before such is due to be filed, 14 a manuscript of a proposed statement, brief and argument 15 to be printed and filed on behalf of the people, prepared 16 in accordance with the rules of the Supreme Court. 17 However, if such brief, argument or other document is due 18 to be filed by law or order of court within this 10 day 19 period, then the State's attorney shall furnish such as 20 soon as may be reasonable. 21 (9) To pay all moneys received by him in trust, 22 without delay, to the officer who by law is entitled to 23 the custody thereof. 24 (10) To notify, by first class mail, complaining 25 witnesses of the ultimate disposition of the cases 26 arising from an indictment or an information. 27 (11) To perform such other and further duties as 28 may, from time to time, be enjoined on him by law. 29 (12) To appear in all proceedings by collectors of 30 taxes against delinquent taxpayers for judgments to sell 31 real estate, and see that all the necessary preliminary 32 steps have been legally taken to make the judgment legal 33 and binding. 34 (b) The State's Attorney of each county shall have SB574 Enrolled -14- SRS91S0019PWch 1 authority to appoint one or more special investigators to 2 serve subpoenas, make return of process and conduct 3 investigations which assist the State's Attorney in the 4 performance of his duties. A special investigator shall not 5 carry firearms except with permission of the State's Attorney 6 and only while carrying appropriate identification indicating 7 his employment and in the performance of his assigned duties. 8 Subject to the qualifications set forth in this 9 subsection, special investigators shall be peace officers and 10 shall have all the powers possessed by investigators under 11 the State's Attorneys Appellate Prosecutor's Act. 12 No special investigator employed by the State's Attorney 13 shall have peace officer status or exercise police powers 14 unless he or she successfully completes the basic police 15 training course mandated and approved by the Illinois Law 16 Enforcement Training Standards Board or such board waives the 17 training requirement by reason of the special investigator's 18 prior law enforcement experience or training or both. Any 19 State's Attorney appointing a special investigator shall 20 consult with all affected local police agencies, to the 21 extent consistent with the public interest, if the special 22 investigator is assigned to areas within that agency's 23 jurisdiction. 24 Before a person is appointed as a special investigator, 25 his fingerprints shall be taken and transmitted to the 26 Department of State Police. The Department shall examine its 27 records and submit to the State's Attorney of the county in 28 which the investigator seeks appointment any conviction 29 information concerning the person on file with the 30 Department. No person shall be appointed as a special 31 investigator if he has been convicted of a felony or other 32 offense involving moral turpitude. A special investigator 33 shall be paid a salary and be reimbursed for actual expenses 34 incurred in performing his assigned duties. The county board SB574 Enrolled -15- SRS91S0019PWch 1 shall approve the salary and actual expenses and appropriate 2 the salary and expenses in the manner prescribed by law or 3 ordinance. 4 (c) The State's Attorney may request and receive from 5 employers, labor unions, telephone companies, and utility 6 companies location information concerning putative fathers 7 and noncustodial parents for the purpose of establishing a 8 child's paternity or establishing, enforcing, or modifying a 9 child support obligation. In this subsection, "location 10 information" means information about (i) the physical 11 whereabouts of a putative father or noncustodial parent, (ii) 12 the putative father or noncustodial parent's employer, or 13 (iii) the salary, wages, and other compensation paid and the 14 health insurance coverage provided to the putative father or 15 noncustodial parent by the employer of the putative father or 16 noncustodial parent or by a labor union of which the putative 17 father or noncustodial parent is a member. 18 (d) For each State fiscal year, the State's Attorney of 19 Cook County shall appear before the General Assembly and 20 request appropriations to be made from the Capital Litigation 21 Trust Fund to the State Treasurer for the purpose of 22 providing assistance in the prosecution of capital cases in 23 Cook County. The State's Attorney may appear before the 24 General Assembly at other times during the State's fiscal 25 year to request supplemental appropriations from the Trust 26 Fund to the State Treasurer. 27 (Source: P.A. 88-586, eff. 8-12-94; 89-395, eff. 1-1-96.) 28 Section 30. The Code of Criminal Procedure of 1963 is 29 amended by changing Section 113-3 as follows: 30 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3) 31 Sec. 113-3. (a) Every person charged with an offense 32 shall be allowed counsel before pleading to the charge. If SB574 Enrolled -16- SRS91S0019PWch 1 the defendant desires counsel and has been unable to obtain 2 same before arraignment the court shall recess court or 3 continue the cause for a reasonable time to permit defendant 4 to obtain counsel and consult with him before pleading to the 5 charge. If the accused is a dissolved corporation, and is not 6 represented by counsel, the court may, in the interest of 7 justice, appoint as counsel a licensed attorney of this 8 State. 9 (b) In all cases, except where the penalty is a fine 10 only, if the court determines that the defendant is indigent 11 and desires counsel, the Public Defender shall be appointed 12 as counsel. If there is no Public Defender in the county or 13 if the defendant requests counsel other than the Public 14 Defender and the court finds that the rights of the defendant 15 will be prejudiced by the appointment of the Public Defender, 16 the court shall appoint as counsel a licensed attorney at law 17 of this State, except that in a county having a population of 18 2,000,0001,000,000or more the Public Defender shall be 19 appointed as counsel in all misdemeanor cases where the 20 defendant is indigent and desires counsel unless the case 21 involves multiple defendants, in which case the court may 22 appoint counsel other than the Public Defender for the 23 additional defendants. The court shall require an affidavit 24 signed by any defendant who requests court-appointed counsel. 25 Such affidavit shall be in the form established by the 26 Supreme Court containing sufficient information to ascertain 27 the assets and liabilities of that defendant. The Court may 28 direct the Clerk of the Circuit Court to assist the defendant 29 in the completion of the affidavit. Any person who knowingly 30 files such affidavit containing false information concerning 31 his assets and liabilities shall be liable to the county 32 where the case, in which such false affidavit is filed, is 33 pending for the reasonable value of the services rendered by 34 the public defender or other court-appointed counsel in the SB574 Enrolled -17- SRS91S0019PWch 1 case to the extent that such services were unjustly or 2 falsely procured. 3 (c) Upon the filing with the court of a verified 4 statement of services rendered the court shall order the 5 county treasurer of the county of trial to pay counsel other 6 than the Public Defender a reasonable fee. The court shall 7 consider all relevant circumstances, including but not 8 limited to the time spent while court is in session, other 9 time spent in representing the defendant, and expenses 10 reasonably incurred by counsel. In counties with a 11 population greater than 2,000,000, the court shall order the 12 county treasurer of the county of trial to pay counsel other 13 than the Public Defender a reasonable fee stated in the order 14 and based upon a rate of compensation of not more than $40 15 for each hour spent while court is in session and not more 16 than $30 for each hour otherwise spent representing a 17 defendant, and such compensation shall not exceed $150 for 18 each defendant represented in misdemeanor cases and $1250 in 19 felony cases, in addition to expenses reasonably incurred as 20 hereinafter in this Section provided, except that, in 21 extraordinary circumstances, payment in excess of the limits 22 herein stated may be made if the trial court certifies that 23 such payment is necessary to provide fair compensation for 24 protracted representation. A trial court may entertain the 25 filing of this verified statement before the termination of 26 the cause, and may order the provisional payment of sums 27 during the pendency of the cause. 28 (d) In capital cases, in addition to counsel, if the 29 court determines that the defendant is indigent the court 30 may, upon the filing with the court of a verified statement 31 of services rendered, order the county Treasurer of the 32 county of trial to pay necessary expert witnesses for 33 defendant reasonable compensation stated in the order not to 34 exceed $250 for each defendant. SB574 Enrolled -18- SRS91S0019PWch 1 (e) If the court in any county having a population 2 greater than 2,000,0001,000,000determines that the 3 defendant is indigent the court may, upon the filing with the 4 court of a verified statement of such expenses, order the 5 county treasurer of the county of trial, in such counties 6 having a population greater than 2,000,0001,000,000to pay 7 the general expenses of the trial incurred by the defendant 8 not to exceed $50 for each defendant. 9 (f) The provisions of this Section relating to 10 appointment of counsel, compensation of counsel, and payment 11 of expenses in capital cases apply except when the 12 compensation and expenses are being provided under the 13 Capital Crimes Litigation Act. 14 (Source: P.A. 85-1344.) 15 Section 35. The State Appellate Defender Act is amended 16 by changing Section 10 as follows: 17 (725 ILCS 105/10) (from Ch. 38, par. 208-10) 18 Sec. 10. Powers and duties of State Appellate Defender. 19 (a) The State Appellate Defender shall represent 20 indigent persons on appeal in criminal and delinquent minor 21 proceedings, when appointed to do so by a court under a 22 Supreme Court Rule or law of this State. 23 (b) The State Appellate Defender shall submit a budget 24 for the approval of the State Appellate Defender Commission. 25 (c) The State Appellate Defender may: 26 (1) maintain a panel of private attorneys available 27 to serve as counsel on a case basis; 28 (2) establish programs, alone or in conjunction 29 with law schools, for the purpose of utilizing volunteer 30 law students as legal assistants; 31 (3) cooperate and consult with state agencies, 32 professional associations, and other groups concerning SB574 Enrolled -19- SRS91S0019PWch 1 the causes of criminal conduct, the rehabilitation and 2 correction of persons charged with and convicted of 3 crime, the administration of criminal justice, and, in 4 counties of less than 1,000,000 population, study, 5 design, develop and implement model systems for the 6 delivery of trial level defender services, and make an 7 annual report to the General Assembly; 8 (4) provide investigative services to appointed 9 counsel and county public defenders;.10 (5) in cases in which a death sentence is an 11 authorized disposition, provide trial counsel with the 12 assistance of expert witnesses, investigators, and 13 mitigation specialists from funds appropriated to the 14 State Appellate Defender specifically for that purpose by 15 the General Assembly. The Office of State Appellate 16 Defender shall not be appointed to serve as trial counsel 17 in capital cases. 18 (d) For each State fiscal year, the State Appellate 19 Defender shall appear before the General Assembly and request 20 appropriations to be made from the Capital Litigation Trust 21 Fund to the State Treasurer for the purpose of providing 22 defense assistance in capital cases outside of Cook County. 23 The State Appellate Defender may appear before the General 24 Assembly at other times during the State's fiscal year to 25 request supplemental appropriations from the Trust Fund to 26 the State Treasurer. 27 (e) The requirement for reporting to the General 28 Assembly shall be satisfied by filing copies of the report 29 with the Speaker, the Minority Leader and the Clerk of the 30 House of Representatives and the President, the Minority 31 Leader and the Secretary of the Senate and the Legislative 32 Research Unit, as required by Section 3.1 of the General 33 Assembly Organization Act and filing such additional copies 34 with the State Government Report Distribution Center for the SB574 Enrolled -20- SRS91S0019PWch 1 General Assembly as is required under paragraph (t) of 2 Section 7 of the State Library Act. 3 (Source: P.A. 86-1210; 87-435; 87-580; 87-614.) 4 Section 99. Effective date. This Act takes effect on 5 January 1, 2000.