[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 003 ] | [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
91_SB0574eng SB574 Engrossed 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. State Appellate Defender trial assistance in 7 capital cases. 8 (a) Whenever the public defender of any county, or 9 another attorney appointed by the court to represent an 10 indigent defendant, believes that a criminal complaint, 11 indictment, or information filed accuses the defendant of a 12 capital crime, he or she may file a petition in the circuit 13 court stating the reasons for his or her belief and 14 requesting that the Office of the State Appellate Defender be 15 appointed to provide assistance in the pre-trial 16 investigation, trial preparation, and trial of the case. 17 (b) If the court finds that the defendant on whose 18 behalf the petition is filed is accused of an offense that 19 may be a capital crime, and the State's Attorney has neither 20 filed a certificate indicating that he or she will not seek 21 the death penalty nor stated on the record and in open court 22 that he or she will not seek the death penalty, the court 23 shall appoint the Office of State Appellate Defender to 24 provide pre-trial investigatory and other pre-trial 25 assistance and trial assistance and aid to the defendant. If 26 ordered by the trial court, the Office of the State Appellate 27 Defender shall provide pre-trial investigatory and other 28 pre-trial and trial assistance to the attorneys who have been 29 appointed to represent an indigent defendant who is charged 30 with a capital crime. Unless the court appoints the public 31 defender to represent the defendant, the court shall SB574 Engrossed -2- SRS91S0019PWch 1 immediately appoint a qualified attorney, other than the 2 Office of the State Appellate Defender, to represent the 3 defendant as lead counsel and shall appoint the public 4 defender as co-counsel, and by written order specifically 5 designate the attorneys. When the court appoints the public 6 defender as lead counsel, it shall appoint one other 7 qualified attorney, who may be an assistant public defender. 8 (c) Attorneys shall be deemed qualified by experience 9 and competency in these matters according to the criteria set 10 forth in this subsection. 11 (1) Lead counsel. An attorney appointed to serve as 12 lead counsel shall be considered qualified by experience 13 and competency for the representation of indigent 14 defendants in capital cases who: is an experienced and 15 active trial practitioner with at least 5 years of 16 criminal litigation experience, and who has had prior 17 experience as lead or co-counsel in at least 8 felony 18 jury trials which were tried, at least 2 of which were 19 homicide cases and at least 5 of which were conducted as 20 trial counsel to completion; and who has either 21 completed, within 2 years prior to appointment, at least 22 12 hours of training in the defense of capital cases in 23 courses provided by the Office of the State Appellate 24 Defender or participated in by that Office, or has 25 substantial familiarity with and experience in the direct 26 and cross examination of expert and forensic witnesses, 27 and of the presentation and role of medical and 28 scientific evidence, including, but not limited to, 29 evidence relating to the pathology of homicide, violent 30 death, or death occurring through unusual or suspicious 31 circumstances. If the public defender meets the 32 foregoing qualifications, he or she shall be appointed as 33 lead counsel. 34 (2) An attorney appointed to serve as co-counsel SB574 Engrossed -3- SRS91S0019PWch 1 shall be considered qualified by experience and 2 competency for the representation of indigent defendants 3 in capital cases who: 4 (i) is the public defender or an assistant 5 public defender; or 6 (ii) is an experienced and active trial 7 practitioner with at least 3 years of criminal 8 litigation experience, and who has prior experience 9 as lead counsel in no fewer than 5 felony jury 10 trials that were tried to completion, and who has 11 either completed within 2 years prior to his or her 12 appointment, at least 12 hours of training in the 13 trial defense of capital cases from courses provided 14 by the Office of the State Appellate Defender, or 15 participated in by that Office, or has substantial 16 familiarity with and experience in the direct and 17 cross examination of expert and forensic witnesses, 18 and of the presentation and role of medical and 19 scientific evidence, including, but not limited to, 20 evidence relating to the pathology of homicide. 21 (d) In the appointment of counsel, the nature and volume 22 of the workload of appointed counsel shall be considered to 23 assure that counsel can direct sufficient attention to the 24 defense of a capital case. Public defenders and attorneys 25 accepting appointments under this Section shall provide each 26 client with quality representation in accordance with 27 constitutional and professional standards. Unless the Supreme 28 Court provides otherwise by rule, the court appointing 29 counsel shall not make an appointment of counsel in a capital 30 case without assessing the impact of the appointment on the 31 attorney's workload. 32 (e) Appointed counsel in capital cases, other than 33 public defenders and assistant public defenders, shall be 34 compensated under this Section upon presentment to and SB574 Engrossed -4- SRS91S0019PWch 1 approval by the court of a claim for services detailing the 2 date, activity, and time duration for which compensation is 3 sought. The court shall order that periodic billing and 4 payment during the course of counsel's representation shall 5 be made. 6 (f) Except for public defenders and assistant public 7 defenders, defense counsel appointed in capital cases shall 8 be compensated for time and services as provided in this Act. 9 Upon the court's determination that the time and services 10 itemized in the petition are reasonable and necessary, it 11 shall order the Office of the State Appellate Defender to pay 12 all or a designated portion of the amount requested in the 13 petition from funds appropriated by the General Assembly 14 specifically for that purpose, at a rate of hourly 15 compensation to be provided by law. 16 (g) Upon a finding of indigence, the trial court 17 imposing a sentence of death shall immediately enter a 18 written order specifically appointing the Office of the State 19 Appellate Defender to represent the defendant in all 20 post-conviction matters presented or heard in the State 21 courts; except that, where appropriate, the court may appoint 22 the public defender for a county having a population in 23 excess of 1,000,000 to represent the defendant in all State 24 post-conviction proceedings. Appointment under this Section 25 shall include assistance for the defendant in securing 26 federal representation if State post-conviction remedies have 27 been exhausted. The rate of compensation for post-conviction 28 services provided by contract with the Office of State 29 Appellate Defender or by the public defender for a county 30 having a population in excess of 1,000,000, shall be as 31 provided by law. 32 The Office of State Appellate Defender shall provide 33 post-conviction counsel in capital cases in which it has been 34 appointed with investigative services, expert witness SB574 Engrossed -5- SRS91S0019PWch 1 services, and all other services necessary to secure the 2 adequate preparation and presentation of issues related to 3 post-conviction proceedings. 4 Section 10. Capital Litigation Trust Fund. 5 (a) A special fund is created in the State Treasury 6 known as the Capital Litigation Trust Fund, which shall be 7 administered by the Administrative Office of the Illinois 8 Courts. All interest earned from the investment or deposit 9 of moneys accumulated in the Trust Fund shall, under Section 10 4.1 of the State Finance Act, be deposited in the Trust Fund. 11 (b) Money deposited in this Trust Fund shall not be 12 considered general revenue of the State of Illinois. 13 (c) Money deposited in the Trust Fund shall be used only 14 to enhance efforts to effectuate the purposes of this Act and 15 shall not be appropriated, loaned, or in any manner 16 transferred to the General Revenue Fund of the State of 17 Illinois. 18 (d) Before June 1, 1999, and prior to June 1 of each 19 year thereafter, the General Assembly shall appropriate funds 20 for the Trust Fund sufficient to undertake its purposes, and 21 shall authorize the disbursement of those funds to the 22 Administrative Office of the Illinois Courts. 23 (e) Money in the Trust Fund shall be expended as 24 follows: 25 (1) To pay the Administrative Office of the 26 Illinois Courts' costs to administer the Trust Fund, but 27 for this purpose in an amount not to exceed 5% in any one 28 fiscal year of the amount appropriated under paragraph 29 (d) of this Section in that same fiscal year. 30 (2) To achieve the purposes and objectives of this 31 Act, which may include, but are not limited to, the 32 following: 33 (A) To provide financial support through the SB574 Engrossed -6- SRS91S0019PWch 1 Office of the State Appellate Defender and the 2 Office of the Cook County Public Defender for the 3 defense of capital cases; to provide financial 4 support to the Office of the Cook County State's 5 Attorney for the prosecution of capital cases; to 6 provide financial support through the Office of the 7 State's Attorneys Appellate Prosecutor for the 8 prosecution of capital cases outside of Cook County, 9 and for the training of prosecutors, under the 10 direction of the Office of the State's Attorneys 11 Appellate Prosecutor; and for training of the 12 judiciary for programs designed to improve the 13 administration of the criminal justice system in the 14 administration of the death penalty. 15 (B) To provide financial support for plans, 16 programs, and projects designed to achieve the 17 purposes of this Act. 18 (f) In the event the Trust Fund were to be discontinued 19 or the Council were to be dissolved by an Act of the General 20 Assembly or by operation of law, then, notwithstanding the 21 provisions of Section 5 of the State Finance Act, any balance 22 remaining therein shall be returned to the General Revenue 23 Fund after deduction of administrative costs. 24 Section 95. The State Finance Act is amended by adding 25 Section 5.490 as follows: 26 (30 ILCS 105/5.490 new) 27 Sec. 5.490. Capital Litigation Trust Fund. 28 Section 105. The Civil Administrative Code of Illinois 29 is amended by changing Section 55a-4 as follows: 30 (20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4) SB574 Engrossed -7- SRS91S0019PWch 1 Sec. 55a-4. The Division of Forensic Services shall 2 exercise the following functions: 3 1. to exercise the rights, powers and duties vested by 4 law in the Department by "An Act in relation to criminal 5 identification and investigation", approved July 2, 1931, as 6 amended; 7 2. to exercise the rights, powers and duties vested by 8 law in the Department by subsection (5) of Section 55a of 9 this Act; 10 3. to provide assistance to local law enforcement 11 agencies through training, management and consultant 12 services; 13 4. to exercise the rights, powers and duties vested by 14 law in the Department by "An Act relating to the 15 acquisition, possession and transfer of firearms and firearm 16 ammunition and to provide a penalty for the violation thereof 17 and to make an appropriation in connection therewith", 18 approved August 3, 1967, as amended; 19 5. to exercise other duties which may be assigned by the 20 Director in order to fulfill the responsibilities and achieve 21 the purposes of the Department;and22 6. to establish and operate a forensic science 23 laboratory system, including a forensic toxicological 24 laboratory service, for the purpose of testing specimens 25 submitted by coroners and other law enforcement officers in 26 their efforts to determine whether alcohol, drugs or 27 poisonous or other toxic substances have been involved in 28 deaths, accidents or illness. Forensic toxicological 29 laboratories shall be established in Springfield, Chicago and 30 elsewhere in the State as needed; and.31 7. to establish and coordinate a system for providing 32 accurate and rapid forensic science and other investigative 33 and laboratory services to local law enforcement agencies and 34 to local State's Attorneys in aid of the investigation and SB574 Engrossed -8- SRS91S0019PWch 1 trial of capital cases. Assistance in the trial of capital 2 cases includes the direct provision of video cameras and 3 video and other recording equipment or video camera or 4 recording equipment services to local law enforcement 5 agencies and to local State's Attorneys. 6 (Source: P.A. 90-130, eff. 1-1-98.) 7 Section 110. The Counties Code is amended by changing 8 Section 3-9005 and adding Section 3-4006.1 as follows: 9 (55 ILCS 5/3-4006.1 new) 10 Sec. 3-4006.1. Duties of public defender in counties 11 over 1,000,000. The public defender in counties with more 12 than 1,000,000 inhabitants shall receive moneys ordered 13 transferred from the Capital Litigation Trust Fund by the 14 Office of the State Appellate Defender that are appropriated 15 by the General Assembly for the investigation and trial of 16 capital cases. These funds shall be expended exclusively for 17 the investigation, trial, and post-conviction proceedings 18 related to capital cases. 19 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005) 20 Sec. 3-9005. Powers and duties of State's attorney. 21 (a) The duty of each State's attorney shall be: 22 (1) To commence and prosecute all actions, suits, 23 indictments and prosecutions, civil and criminal, in the 24 circuit court for his county, in which the people of the 25 State or county may be concerned. 26 (2) To prosecute all forfeited bonds and 27 recognizances, and all actions and proceedings for the 28 recovery of debts, revenues, moneys, fines, penalties and 29 forfeitures accruing to the State or his county, or to 30 any school district or road district in his county; also, 31 to prosecute all suits in his county against railroad or SB574 Engrossed -9- SRS91S0019PWch 1 transportation companies, which may be prosecuted in the 2 name of the People of the State of Illinois. 3 (3) To commence and prosecute all actions and 4 proceedings brought by any county officer in his official 5 capacity. 6 (4) To defend all actions and proceedings brought 7 against his county, or against any county or State 8 officer, in his official capacity, within his county. 9 (5) To attend the examination of all persons 10 brought before any judge on habeas corpus, when the 11 prosecution is in his county. 12 (6) To attend before judges and prosecute charges 13 of felony or misdemeanor, for which the offender is 14 required to be recognized to appear before the circuit 15 court, when in his power so to do. 16 (7) To give his opinion, without fee or reward, to 17 any county officer in his county, upon any question or 18 law relating to any criminal or other matter, in which 19 the people or the county may be concerned. 20 (8) To assist the attorney general whenever it may 21 be necessary, and in cases of appeal from his county to 22 the Supreme Court, to which it is the duty of the 23 attorney general to attend, he shall furnish the attorney 24 general at least 10 days before such is due to be filed, 25 a manuscript of a proposed statement, brief and argument 26 to be printed and filed on behalf of the people, prepared 27 in accordance with the rules of the Supreme Court. 28 However, if such brief, argument or other document is due 29 to be filed by law or order of court within this 10 day 30 period, then the State's attorney shall furnish such as 31 soon as may be reasonable. 32 (9) To pay all moneys received by him in trust, 33 without delay, to the officer who by law is entitled to 34 the custody thereof. SB574 Engrossed -10- SRS91S0019PWch 1 (10) To notify, by first class mail, complaining 2 witnesses of the ultimate disposition of the cases 3 arising from an indictment or an information. 4 (11) To perform such other and further duties as 5 may, from time to time, be enjoined on him by law. 6 (12) To appear in all proceedings by collectors of 7 taxes against delinquent taxpayers for judgments to sell 8 real estate, and see that all the necessary preliminary 9 steps have been legally taken to make the judgment legal 10 and binding. 11 (b) The State's Attorney of each county shall have 12 authority to appoint one or more special investigators to 13 serve subpoenas, make return of process and conduct 14 investigations which assist the State's Attorney in the 15 performance of his duties. A special investigator shall not 16 carry firearms except with permission of the State's Attorney 17 and only while carrying appropriate identification indicating 18 his employment and in the performance of his assigned duties. 19 Subject to the qualifications set forth in this 20 subsection, special investigators shall be peace officers and 21 shall have all the powers possessed by investigators under 22 the State's Attorneys Appellate Prosecutor's Act. 23 No special investigator employed by the State's Attorney 24 shall have peace officer status or exercise police powers 25 unless he or she successfully completes the basic police 26 training course mandated and approved by the Illinois Law 27 Enforcement Training Standards Board or such board waives the 28 training requirement by reason of the special investigator's 29 prior law enforcement experience or training or both. Any 30 State's Attorney appointing a special investigator shall 31 consult with all affected local police agencies, to the 32 extent consistent with the public interest, if the special 33 investigator is assigned to areas within that agency's 34 jurisdiction. SB574 Engrossed -11- SRS91S0019PWch 1 Before a person is appointed as a special investigator, 2 his fingerprints shall be taken and transmitted to the 3 Department of State Police. The Department shall examine its 4 records and submit to the State's Attorney of the county in 5 which the investigator seeks appointment any conviction 6 information concerning the person on file with the 7 Department. No person shall be appointed as a special 8 investigator if he has been convicted of a felony or other 9 offense involving moral turpitude. A special investigator 10 shall be paid a salary and be reimbursed for actual expenses 11 incurred in performing his assigned duties. The county board 12 shall approve the salary and actual expenses and appropriate 13 the salary and expenses in the manner prescribed by law or 14 ordinance. 15 (c) The State's Attorney may request and receive from 16 employers, labor unions, telephone companies, and utility 17 companies location information concerning putative fathers 18 and noncustodial parents for the purpose of establishing a 19 child's paternity or establishing, enforcing, or modifying a 20 child support obligation. In this subsection, "location 21 information" means information about (i) the physical 22 whereabouts of a putative father or noncustodial parent, (ii) 23 the putative father or noncustodial parent's employer, or 24 (iii) the salary, wages, and other compensation paid and the 25 health insurance coverage provided to the putative father or 26 noncustodial parent by the employer of the putative father or 27 noncustodial parent or by a labor union of which the putative 28 father or noncustodial parent is a member. 29 (d) In counties with more than 1,000,000 inhabitants, 30 the State's Attorney shall receive moneys ordered transferred 31 from the Capital Litigation Trust Fund by the Director of the 32 Office of the State's Attorneys Appellate Prosecutor that are 33 appropriated by the General Assembly for the investigation 34 and trial of capital cases. These funds shall be used SB574 Engrossed -12- SRS91S0019PWch 1 exclusively for the investigation, trial, and post-conviction 2 proceedings related to capital cases. 3 (Source: P.A. 88-586, eff. 8-12-94; 89-395, eff. 1-1-96.) 4 Section 115. The Code of Criminal Procedure of 1963 is 5 amended by changing Section 113-3 as follows: 6 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3) 7 Sec. 113-3. (a) Every person charged with an offense 8 shall be allowed counsel before pleading to the charge. If 9 the defendant desires counsel and has been unable to obtain 10 same before arraignment the court shall recess court or 11 continue the cause for a reasonable time to permit defendant 12 to obtain counsel and consult with him before pleading to the 13 charge. If the accused is a dissolved corporation, and is not 14 represented by counsel, the court may, in the interest of 15 justice, appoint as counsel a licensed attorney of this 16 State. 17 (b) In all cases, except where the penalty is a fine 18 only, if the court determines that the defendant is indigent 19 and desires counsel, the Public Defender shall be appointed 20 as counsel. If there is no Public Defender in the county or 21 if the defendant requests counsel other than the Public 22 Defender and the court finds that the rights of the defendant 23 will be prejudiced by the appointment of the Public Defender, 24 the court shall appoint as counsel a licensed attorney at law 25 of this State, except that in a county having a population of 26 1,000,000 or more the Public Defender shall be appointed as 27 counsel in all misdemeanor cases where the defendant is 28 indigent and desires counsel unless the case involves 29 multiple defendants, in which case the court may appoint 30 counsel other than the Public Defender for the additional 31 defendants. The court shall require an affidavit signed by 32 any defendant who requests court-appointed counsel. Such SB574 Engrossed -13- SRS91S0019PWch 1 affidavit shall be in the form established by the Supreme 2 Court containing sufficient information to ascertain the 3 assets and liabilities of that defendant. The Court may 4 direct the Clerk of the Circuit Court to assist the defendant 5 in the completion of the affidavit. Any person who knowingly 6 files such affidavit containing false information concerning 7 his assets and liabilities shall be liable to the county 8 where the case, in which such false affidavit is filed, is 9 pending for the reasonable value of the services rendered by 10 the public defender or other court-appointed counsel in the 11 case to the extent that such services were unjustly or 12 falsely procured. 13 (c) Upon the filing with the court of a verified 14 statement of services rendered the court shall order the 15 county treasurer of the county of trial to pay counsel other 16 than the Public Defender a reasonable fee. The court shall 17 consider all relevant circumstances, including but not 18 limited to the time spent while court is in session, other 19 time spent in representing the defendant, and expenses 20 reasonably incurred by counsel. In counties with a 21 population greater than 2,000,000, the court shall order the 22 county treasurer of the county of trial to pay counsel other 23 than the Public Defender a reasonable fee stated in the order 24 and based upon a rate of compensation of not more than $40 25 for each hour spent while court is in session and not more 26 than $30 for each hour otherwise spent representing a 27 defendant, and such compensation shall not exceed $150 for 28 each defendant represented in misdemeanor cases and $1250 in 29 felony cases, in addition to expenses reasonably incurred as 30 hereinafter in this Section provided, except that, in 31 extraordinary circumstances, payment in excess of the limits 32 herein stated may be made if the trial court certifies that 33 such payment is necessary to provide fair compensation for 34 protracted representation. A trial court may entertain the SB574 Engrossed -14- SRS91S0019PWch 1 filing of this verified statement before the termination of 2 the cause, and may order the provisional payment of sums 3 during the pendency of the cause. In capital cases, upon the 4 filing with the court of a verified statement of services 5 rendered, the court may order the State Appellate Defender to 6 pay counsel other than the public defender a reasonable fee 7 from funds specifically appropriated by the General Assembly 8 for that purpose. 9 (d) In capital cases, in addition to counsel, if the 10 court determines that the defendant is indigent the court 11 may, upon the filing with the court of a verified statement 12 of services rendered, order the State Appellate Defender 13county treasurer of the county of trialto pay necessary 14 expert witness fees from funds specifically appropriated by 15 the General Assembly for that purposewitnesses for defendant16reasonable compensation stated in the order not to exceed17$250 for each defendant. 18 (e) If the court in any county having a population 19 greater than 1,000,000 determines that the defendant is 20 indigent the court may, upon the filing with the court of a 21 verified statement of such expenses, order the county 22 treasurer of the county of trial, in such counties having a 23 population greater than 1,000,000 to pay the general expenses 24 of the trial incurred by the defendant not to exceed $50 for 25 each defendant. 26 (Source: P.A. 85-1344.) 27 Section 120. The State Appellate Defender Act is amended 28 by changing Section 10 as follows: 29 (725 ILCS 105/10) (from Ch. 38, par. 208-10) 30 Sec. 10. Powers and duties of State Appellate Defender. 31 (a) The State Appellate Defender shall represent 32 indigent persons on appeal in criminal and delinquent minor SB574 Engrossed -15- SRS91S0019PWch 1 proceedings, when appointed to do so by a court under a 2 Supreme Court Rule or law of this State. 3 (b) The State Appellate Defender shall submit a budget 4 for the approval of the State Appellate Defender Commission. 5 (c) The State Appellate Defender may: 6 (1) maintain a panel of private attorneys available 7 to serve as counsel on a case basis; 8 (2) establish programs, alone or in conjunction 9 with law schools, for the purpose of utilizing volunteer 10 law students as legal assistants; 11 (3) cooperate and consult with state agencies, 12 professional associations, and other groups concerning 13 the causes of criminal conduct, the rehabilitation and 14 correction of persons charged with and convicted of 15 crime, the administration of criminal justice, and, in 16 counties of less than 1,000,000 population, study, 17 design, develop and implement model systems for the 18 delivery of trial level defender services, and make an 19 annual report to the General Assembly; 20 (4) (Blank)provide investigative services to21appointed counsel and county public defenders. 22 (d) The State Appellate Defender shall, in and for the 23 trial of capital cases: 24 (1) Maintain a panel of qualified private attorneys 25 and expert witnesses available to serve as trial counsel 26 or provide scientific testing and testimony on a case by 27 case basis and provide a regularly updated list of those 28 attorneys to the Administrative Office of the Illinois 29 Courts. The State Appellate Defender shall not itself, 30 nor its attorneys, be appointed to serve as trial counsel 31 in capital cases. 32 (2) Seek funding from the General Assembly, and 33 from funds appropriated by the General Assembly to the 34 Capital Litigation Trust Fund, to provide public defender SB574 Engrossed -16- SRS91S0019PWch 1 offices in counties having a population of 1,000,000 or 2 more with annual grants to be used by the county public 3 defender exclusively for the investigation, trial, and 4 post-conviction review of capital cases. 5 The requirement for reporting to the General Assembly 6 shall be satisfied by filing copies of the report with the 7 Speaker, the Minority Leader and the Clerk of the House of 8 Representatives and the President, the Minority Leader and 9 the Secretary of the Senate and the Legislative Research 10 Unit, as required by Section 3.1 of the General Assembly 11 Organization Act and filing such additional copies with the 12 State Government Report Distribution Center for the General 13 Assembly as is required under paragraph (t) of Section 7 of 14 the State Library Act. 15 (Source: P.A. 86-1210; 87-435; 87-580; 87-614.) 16 Section 125. The State's Attorneys Appellate 17 Prosecutor's Act is amended by changing Sections 6, 7.05, and 18 7.06 and adding Section 7.07 as follows: 19 (725 ILCS 210/6) (from Ch. 14, par. 206) 20 Sec. 6. The Office is to be organized in the following 21 manner: 22 (a) The staff of the Office of the State's Attorneys 23 Appellate Prosecutor shall consist of a Director, 4 Deputy 24 Directors, Staff Attorneys and such other administrative, 25 secretarial and clerical employees as may be necessary. The 26 State's Attorneys Appellate Prosecutor staff shall include a 27 capital crimes litigation division which shall provide trial 28 attorneys and support to State's Attorneys in the 29 investigation and trial of capital cases. At least 2 of the 30 staff attorneys shall be skilled in the direct and cross 31 examination of forensic and scientific witnesses and in the 32 use of scientific evidence. SB574 Engrossed -17- SRS91S0019PWch 1 (b) The Director and all Office Attorneys must be 2 licensed to practice law in the State of Illinois. Staff 3 Attorneys and Deputy Directors hired by the Director, with 4 the concurrence of the board, shall devote full time to their 5 duties and may not engage in the private practice of law, 6 except as provided in Section 7.02. 7 (c) The Director and such other employees as may be 8 hired hereunder shall not be subject to the provisions of the 9 Illinois Personnel Code. 10 (Source: P.A. 84-1062.) 11 (725 ILCS 210/7.05) (from Ch. 14, par. 207.05) 12 Sec. 7.05. The Director shall submit an annual budget 13 for the approval of the board. The budget request shall 14 include a request for funding, through the Capital Litigation 15 Trust Fund, to provide State's Attorneys' offices in counties 16 having a population of 1,000,000 or more with annual grants 17 to be used by the county State's Attorney exclusively for the 18 investigation, trial, and post-conviction review of capital 19 cases. 20 (Source: P.A. 84-1062.) 21 (725 ILCS 210/7.06) (from Ch. 14, par. 207.06) 22 Sec. 7.06. The Director may hire no more than 6 23 investigators to provide investigative services in the trial 24 of capital cases, and in post-conviction proceedings in 25 capital cases, and no more than 12 investigators to provide 26 investigative services in non-capital criminal cases and tax 27 objection cases for staff counsel and county state's 28 attorneys. Investigators may be authorized by the board to 29 carry tear gas gun projectors or bombs, pistols, revolvers, 30 stun guns, tasers or other firearms. 31 Subject to the qualifications set forth below, 32 investigators shall be peace officers and shall have all the SB574 Engrossed -18- SRS91S0019PWch 1 powers possessed by policemen in cities and by sheriffs; 2 provided, that investigators shall exercise such powers 3 anywhere in the State only after contact and in cooperation 4 with the appropriate local law enforcement agencies. 5 No investigator shall have peace officer status or 6 exercise police powers unless he or she successfully 7 completes the basic police training course mandated and 8 approved by the Illinois Law Enforcement Training Standards 9 Board or such board waives the training requirement by reason 10 of the investigator's prior law enforcement experience or 11 training or both. 12 The board shall not waive the training requirement unless 13 the investigator has had a minimum of 5 years experience as a 14 sworn officer of a local, state or federal law enforcement 15 agency, 2 of which shall have been in an investigatory 16 capacity. 17 (Source: P.A. 87-677; 88-586, eff. 8-12-94.) 18 (725 ILCS 210/7.07 new) 19 Sec. 7.07. The Director shall create a databank for, and 20 provide State's Attorneys and law enforcement agencies with, 21 investigative and trial access to expert witnesses and 22 scientific testing in capital cases, including witnesses in 23 rebuttal to mitigation witnesses, sign language and foreign 24 language interpreters, and attorneys skilled in the direct 25 and cross examination of expert witnesses and in the use of 26 scientific evidence testimony. 27 Section 999. Effective date. This Act takes effect June 28 1, 1999.