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91_SB0574sam001
LRB9106370RCksam01
1 AMENDMENT TO SENATE BILL 574
2 AMENDMENT NO. . Amend Senate Bill 574 by replacing
3 the title with the following
4 "AN ACT in relation to capital litigation."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Capital Crimes Litigation Act.
9 Section 5. State Appellate Defender trial assistance in
10 capital cases.
11 (a) Whenever the public defender of any county, or
12 another attorney appointed by the court to represent an
13 indigent defendant, believes that a criminal complaint,
14 indictment, or information filed accuses the defendant of a
15 capital crime, he or she may file a petition in the circuit
16 court stating the reasons for his or her belief and
17 requesting that the Office of the State Appellate Defender be
18 appointed to provide assistance in the pre-trial
19 investigation, trial preparation, and trial of the case.
20 (b) If the court finds that the defendant on whose
21 behalf the petition is filed is accused of an offense that
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1 may be a capital crime, and the State's Attorney has neither
2 filed a certificate indicating that he or she will not seek
3 the death penalty nor stated on the record and in open court
4 that he or she will not seek the death penalty, the court
5 shall appoint the Office of State Appellate Defender to
6 provide pre-trial investigatory and other pre-trial
7 assistance and trial assistance and aid to the defendant. If
8 ordered by the trial court, the Office of the State Appellate
9 Defender shall provide pre-trial investigatory and other
10 pre-trial and trial assistance to the attorneys who have been
11 appointed to represent an indigent defendant who is charged
12 with a capital crime. Unless the court appoints the public
13 defender to represent the defendant, the court shall
14 immediately appoint a qualified attorney, other than the
15 Office of the State Appellate Defender, to represent the
16 defendant as lead counsel and shall appoint the public
17 defender as co-counsel, and by written order specifically
18 designate the attorneys. When the court appoints the public
19 defender as lead counsel, it shall appoint one other
20 qualified attorney, who may be an assistant public defender.
21 (c) Attorneys shall be deemed qualified by experience
22 and competency in these matters according to the criteria set
23 forth in this subsection.
24 (1) Lead counsel. An attorney appointed to serve as
25 lead counsel shall be considered qualified by experience
26 and competency for the representation of indigent
27 defendants in capital cases who: is an experienced and
28 active trial practitioner with at least 5 years of
29 criminal litigation experience, and who has had prior
30 experience as lead or co-counsel in at least 8 felony
31 jury trials which were tried, at least 2 of which were
32 homicide cases and at least 5 of which were conducted as
33 trial counsel to completion; and who has either
34 completed, within 2 years prior to appointment, at least
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1 12 hours of training in the defense of capital cases in
2 courses provided by the Office of the State Appellate
3 Defender or participated in by that Office, or has
4 substantial familiarity with and experience in the direct
5 and cross examination of expert and forensic witnesses,
6 and of the presentation and role of medical and
7 scientific evidence, including, but not limited to,
8 evidence relating to the pathology of homicide, violent
9 death, or death occurring through unusual or suspicious
10 circumstances. If the public defender meets the
11 foregoing qualifications, he or she shall be appointed as
12 lead counsel.
13 (2) An attorney appointed to serve as co-counsel
14 shall be considered qualified by experience and
15 competency for the representation of indigent defendants
16 in capital cases who:
17 (i) is the public defender or an assistant
18 public defender; or
19 (ii) is an experienced and active trial
20 practitioner with at least 3 years of criminal
21 litigation experience, and who has prior experience
22 as lead counsel in no fewer than 5 felony jury
23 trials that were tried to completion, and who has
24 either completed within 2 years prior to his or her
25 appointment, at least 12 hours of training in the
26 trial defense of capital cases from courses provided
27 by the Office of the State Appellate Defender, or
28 participated in by that Office, or has substantial
29 familiarity with and experience in the direct and
30 cross examination of expert and forensic witnesses,
31 and of the presentation and role of medical and
32 scientific evidence, including, but not limited to,
33 evidence relating to the pathology of homicide.
34 (d) In the appointment of counsel, the nature and volume
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1 of the workload of appointed counsel shall be considered to
2 assure that counsel can direct sufficient attention to the
3 defense of a capital case. Public defenders and attorneys
4 accepting appointments under this Section shall provide each
5 client with quality representation in accordance with
6 constitutional and professional standards. Unless the Supreme
7 Court provides otherwise by rule, the court appointing
8 counsel shall not make an appointment of counsel in a capital
9 case without assessing the impact of the appointment on the
10 attorney's workload.
11 (e) Appointed counsel in capital cases, other than
12 public defenders and assistant public defenders, shall be
13 compensated under this Section upon presentment to and
14 approval by the court of a claim for services detailing the
15 date, activity, and time duration for which compensation is
16 sought. The court shall order that periodic billing and
17 payment during the course of counsel's representation shall
18 be made.
19 (f) Except for public defenders and assistant public
20 defenders, defense counsel appointed in capital cases shall
21 be compensated for time and services as provided in this Act.
22 Upon the court's determination that the time and services
23 itemized in the petition are reasonable and necessary, it
24 shall order the Office of the State Appellate Defender to pay
25 all or a designated portion of the amount requested in the
26 petition from funds appropriated by the General Assembly
27 specifically for that purpose, at a rate of hourly
28 compensation to be provided by law.
29 (g) Upon a finding of indigence, the trial court
30 imposing a sentence of death shall immediately enter a
31 written order specifically appointing the Office of the State
32 Appellate Defender to represent the defendant in all
33 post-conviction matters presented or heard in the state
34 courts; except that, where appropriate, the court may appoint
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1 the public defender for a county having a population in
2 excess of 1,000,000 to represent the defendant in all state
3 post-conviction proceedings. Appointment under this Section
4 shall include assistance for the defendant in securing
5 federal representation if state post-conviction remedies have
6 been exhausted. The rate of compensation for post-conviction
7 services provided by contract with the Office of State
8 Appellate Defender or by the public defender for a county
9 having a population in excess of 1,000,000, shall be as
10 provided by law.
11 The Office of State Appellate Defender shall provide
12 post-conviction counsel in capital cases in which it has been
13 appointed with investigative services, expert witness
14 services, and all other services necessary to secure the
15 adequate preparation and presentation of issues related to
16 post-conviction proceedings.
17 Section 10. Capital Litigation Trust Fund.
18 (a) A special fund is created in the State Treasury
19 known as the Capital Litigation Trust Fund, which shall be
20 administered by the Administrative Office of the Illinois
21 Courts. All interest earned from the investment or deposit
22 of moneys accumulated in the Trust Fund shall, under Section
23 4.1 of the State Finance Act, be deposited in the Trust Fund.
24 (b) Money deposited in this Trust Fund shall not be
25 considered general revenue of the State of Illinois.
26 (c) Money deposited in the Trust Fund shall be used only
27 to enhance efforts to effectuate the purposes of this Act and
28 shall not be appropriated, loaned, or in any manner
29 transferred to the General Revenue Fund of the State of
30 Illinois.
31 (d) Before June 1, 1999, and prior to June 1 of each
32 year thereafter, the General Assembly shall appropriate funds
33 for the trust Fund sufficient to undertake its purposes, and
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1 shall authorize the disbursement of those funds to the
2 Administrative Office of the Illinois Courts.
3 (e) Money in the Trust Fund shall be expended as
4 follows:
5 (1) To pay the Administrative Office of the
6 Illinois Courts' costs to administer the Trust Fund, but
7 for this purpose in an amount not to exceed 5% in any one
8 fiscal year of the amount appropriated under paragraph
9 (d) of this Section in that same fiscal year.
10 (2) To achieve the purposes and objectives of this
11 Act, which may include, but are not limited to, the
12 following:
13 (A) To provide financial support through the
14 office of the State Appellate Defender and the
15 office of the Cook County Public Defender for the
16 defense of capital cases; to provide financial
17 support to the office of the Cook County State's
18 Attorney for the prosecution of capital cases; to
19 provide financial support through the Office of the
20 State's Attorneys Appellate Prosecutor for the
21 prosecution of capital cases outside of Cook County,
22 and for the training of prosecutors, under the
23 direction of the Office of the State's Attorneys
24 Appellate Prosecutor; and for training of the
25 judiciary for programs designed to improve the
26 administration of the criminal justice system in the
27 administration of the death penalty.
28 (B) To provide financial support for federal
29 and State agencies, units of local government,
30 corporations and neighborhood, community or business
31 organizations for programs designed to improve the
32 administration of the criminal justice system in the
33 administration of the death penalty.
34 (C) To provide financial support for plans,
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1 programs, and projects designed to achieve the
2 purposes of this Act.
3 (f) In the event the Trust Fund were to be discontinued
4 or the Council were to be dissolved by an Act of the General
5 Assembly or by operation of law, then, notwithstanding the
6 provisions of Section 5 of the State Finance Act, any balance
7 remaining therein shall be returned to the General Revenue
8 Fund after deduction of administrative costs.
9 Section 95. The State Finance Act is amended by adding
10 Section 5.490 as follows:
11 (30 ILCS 105/5.490 new)
12 Sec. 5.490. Capital Litigation Trust Fund.
13 Section 105. The Civil Administrative Code of Illinois
14 is amended by changing Section 55a-4 as follows:
15 (20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
16 Sec. 55a-4. The Division of Forensic Services shall
17 exercise the following functions:
18 1. to exercise the rights, powers and duties vested by
19 law in the Department by "An Act in relation to criminal
20 identification and investigation", approved July 2, 1931, as
21 amended;
22 2. to exercise the rights, powers and duties vested by
23 law in the Department by subsection (5) of Section 55a of
24 this Act;
25 3. to provide assistance to local law enforcement
26 agencies through training, management and consultant
27 services;
28 4. to exercise the rights, powers and duties vested by
29 law in the Department by "An Act relating to the
30 acquisition, possession and transfer of firearms and firearm
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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; and
7 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. to establish and coordinate a system for providing
17 accurate and rapid forensic science and other investigative
18 and laboratory services to local law enforcement agencies and
19 to local State's Attorneys in aid of the investigation and
20 trial of capital cases. Assistance in the trial of capital
21 cases includes the direct provision of video cameras and
22 video and other recording equipment or video camera or
23 recording equipment services to local law enforcement
24 agencies and to local State's Attorneys.
25 (Source: P.A. 90-130, eff. 1-1-98.)
26 Section 110. The Counties Code is amended by changing
27 Section 3-9005 and adding Section 3-4006.1 as follows:
28 (55 ILCS 5/3-4006.1 new)
29 Sec. 3-4006.1. Duties of public defender in counties
30 over 1,000,000. The public defender in counties with more
31 than 1,000,000 inhabitants shall receive moneys ordered
32 transferred from the Capital Litigation Trust Fund by the
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1 Office of the State Appellate Defender that are appropriated
2 by the General Assembly for the investigation and trial of
3 capital cases. These funds shall be expended exclusively for
4 the investigation, trial, and post-conviction proceedings
5 related to capital cases.
6 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
7 Sec. 3-9005. Powers and duties of State's attorney.
8 (a) The duty of each State's attorney shall be:
9 (1) To commence and prosecute all actions, suits,
10 indictments and prosecutions, civil and criminal, in the
11 circuit court for his county, in which the people of the
12 State or county may be concerned.
13 (2) To prosecute all forfeited bonds and
14 recognizances, and all actions and proceedings for the
15 recovery of debts, revenues, moneys, fines, penalties and
16 forfeitures accruing to the State or his county, or to
17 any school district or road district in his county; also,
18 to prosecute all suits in his county against railroad or
19 transportation companies, which may be prosecuted in the
20 name of the People of the State of Illinois.
21 (3) To commence and prosecute all actions and
22 proceedings brought by any county officer in his official
23 capacity.
24 (4) To defend all actions and proceedings brought
25 against his county, or against any county or State
26 officer, in his official capacity, within his county.
27 (5) To attend the examination of all persons
28 brought before any judge on habeas corpus, when the
29 prosecution is in his county.
30 (6) To attend before judges and prosecute charges
31 of felony or misdemeanor, for which the offender is
32 required to be recognized to appear before the circuit
33 court, when in his power so to do.
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1 (7) To give his opinion, without fee or reward, to
2 any county officer in his county, upon any question or
3 law relating to any criminal or other matter, in which
4 the people or the county may be concerned.
5 (8) To assist the attorney general whenever it may
6 be necessary, and in cases of appeal from his county to
7 the Supreme Court, to which it is the duty of the
8 attorney general to attend, he shall furnish the attorney
9 general at least 10 days before such is due to be filed,
10 a manuscript of a proposed statement, brief and argument
11 to be printed and filed on behalf of the people, prepared
12 in accordance with the rules of the Supreme Court.
13 However, if such brief, argument or other document is due
14 to be filed by law or order of court within this 10 day
15 period, then the State's attorney shall furnish such as
16 soon as may be reasonable.
17 (9) To pay all moneys received by him in trust,
18 without delay, to the officer who by law is entitled to
19 the custody thereof.
20 (10) To notify, by first class mail, complaining
21 witnesses of the ultimate disposition of the cases
22 arising from an indictment or an information.
23 (11) To perform such other and further duties as
24 may, from time to time, be enjoined on him by law.
25 (12) To appear in all proceedings by collectors of
26 taxes against delinquent taxpayers for judgments to sell
27 real estate, and see that all the necessary preliminary
28 steps have been legally taken to make the judgment legal
29 and binding.
30 (b) The State's Attorney of each county shall have
31 authority to appoint one or more special investigators to
32 serve subpoenas, make return of process and conduct
33 investigations which assist the State's Attorney in the
34 performance of his duties. A special investigator shall not
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1 carry firearms except with permission of the State's Attorney
2 and only while carrying appropriate identification indicating
3 his employment and in the performance of his assigned duties.
4 Subject to the qualifications set forth in this
5 subsection, special investigators shall be peace officers and
6 shall have all the powers possessed by investigators under
7 the State's Attorneys Appellate Prosecutor's Act.
8 No special investigator employed by the State's Attorney
9 shall have peace officer status or exercise police powers
10 unless he or she successfully completes the basic police
11 training course mandated and approved by the Illinois Law
12 Enforcement Training Standards Board or such board waives the
13 training requirement by reason of the special investigator's
14 prior law enforcement experience or training or both. Any
15 State's Attorney appointing a special investigator shall
16 consult with all affected local police agencies, to the
17 extent consistent with the public interest, if the special
18 investigator is assigned to areas within that agency's
19 jurisdiction.
20 Before a person is appointed as a special investigator,
21 his fingerprints shall be taken and transmitted to the
22 Department of State Police. The Department shall examine its
23 records and submit to the State's Attorney of the county in
24 which the investigator seeks appointment any conviction
25 information concerning the person on file with the
26 Department. No person shall be appointed as a special
27 investigator if he has been convicted of a felony or other
28 offense involving moral turpitude. A special investigator
29 shall be paid a salary and be reimbursed for actual expenses
30 incurred in performing his assigned duties. The county board
31 shall approve the salary and actual expenses and appropriate
32 the salary and expenses in the manner prescribed by law or
33 ordinance.
34 (c) The State's Attorney may request and receive from
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1 employers, labor unions, telephone companies, and utility
2 companies location information concerning putative fathers
3 and noncustodial parents for the purpose of establishing a
4 child's paternity or establishing, enforcing, or modifying a
5 child support obligation. In this subsection, "location
6 information" means information about (i) the physical
7 whereabouts of a putative father or noncustodial parent, (ii)
8 the putative father or noncustodial parent's employer, or
9 (iii) the salary, wages, and other compensation paid and the
10 health insurance coverage provided to the putative father or
11 noncustodial parent by the employer of the putative father or
12 noncustodial parent or by a labor union of which the putative
13 father or noncustodial parent is a member.
14 (d) In counties with more than 1,000,000 inhabitants,
15 the State's Attorney shall receive moneys ordered transferred
16 from the Capital Litigation Trust Fund by the Director of the
17 Office of the State's Attorneys Appellate Prosecutor that are
18 appropriated by the General Assembly for the investigation
19 and trial of capital cases. These funds shall be used
20 exclusively for the investigation, trial, and post-conviction
21 proceedings related to capital cases.
22 (Source: P.A. 88-586, eff. 8-12-94; 89-395, eff. 1-1-96.)
23 Section 115. The Code of Criminal Procedure of 1963 is
24 amended by changing Section 113-3 as follows:
25 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
26 Sec. 113-3. (a) Every person charged with an offense
27 shall be allowed counsel before pleading to the charge. If
28 the defendant desires counsel and has been unable to obtain
29 same before arraignment the court shall recess court or
30 continue the cause for a reasonable time to permit defendant
31 to obtain counsel and consult with him before pleading to the
32 charge. If the accused is a dissolved corporation, and is not
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1 represented by counsel, the court may, in the interest of
2 justice, appoint as counsel a licensed attorney of this
3 State.
4 (b) In all cases, except where the penalty is a fine
5 only, if the court determines that the defendant is indigent
6 and desires counsel, the Public Defender shall be appointed
7 as counsel. If there is no Public Defender in the county or
8 if the defendant requests counsel other than the Public
9 Defender and the court finds that the rights of the defendant
10 will be prejudiced by the appointment of the Public Defender,
11 the court shall appoint as counsel a licensed attorney at law
12 of this State, except that in a county having a population of
13 1,000,000 or more the Public Defender shall be appointed as
14 counsel in all misdemeanor cases where the defendant is
15 indigent and desires counsel unless the case involves
16 multiple defendants, in which case the court may appoint
17 counsel other than the Public Defender for the additional
18 defendants. The court shall require an affidavit signed by
19 any defendant who requests court-appointed counsel. Such
20 affidavit shall be in the form established by the Supreme
21 Court containing sufficient information to ascertain the
22 assets and liabilities of that defendant. The Court may
23 direct the Clerk of the Circuit Court to assist the defendant
24 in the completion of the affidavit. Any person who knowingly
25 files such affidavit containing false information concerning
26 his assets and liabilities shall be liable to the county
27 where the case, in which such false affidavit is filed, is
28 pending for the reasonable value of the services rendered by
29 the public defender or other court-appointed counsel in the
30 case to the extent that such services were unjustly or
31 falsely procured.
32 (c) Upon the filing with the court of a verified
33 statement of services rendered the court shall order the
34 county treasurer of the county of trial to pay counsel other
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1 than the Public Defender a reasonable fee. The court shall
2 consider all relevant circumstances, including but not
3 limited to the time spent while court is in session, other
4 time spent in representing the defendant, and expenses
5 reasonably incurred by counsel. In counties with a
6 population greater than 2,000,000, the court shall order the
7 county treasurer of the county of trial to pay counsel other
8 than the Public Defender a reasonable fee stated in the order
9 and based upon a rate of compensation of not more than $40
10 for each hour spent while court is in session and not more
11 than $30 for each hour otherwise spent representing a
12 defendant, and such compensation shall not exceed $150 for
13 each defendant represented in misdemeanor cases and $1250 in
14 felony cases, in addition to expenses reasonably incurred as
15 hereinafter in this Section provided, except that, in
16 extraordinary circumstances, payment in excess of the limits
17 herein stated may be made if the trial court certifies that
18 such payment is necessary to provide fair compensation for
19 protracted representation. A trial court may entertain the
20 filing of this verified statement before the termination of
21 the cause, and may order the provisional payment of sums
22 during the pendency of the cause. In capital cases, upon the
23 filing with the court of a verified statement of services
24 rendered, the court may order the State Appellate Defender to
25 pay counsel other than the public defender a reasonable fee
26 from funds specifically appropriated by the General Assembly
27 for that purpose.
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 State Appellate Defender
32 county treasurer of the county of trial to pay necessary
33 expert witness fees from funds specifically appropriated by
34 the General Assembly for that purpose witnesses for defendant
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1 reasonable compensation stated in the order not to exceed
2 $250 for each defendant.
3 (e) If the court in any county having a population
4 greater than 1,000,000 determines that the defendant is
5 indigent the court may, upon the filing with the court of a
6 verified statement of such expenses, order the county
7 treasurer of the county of trial, in such counties having a
8 population greater than 1,000,000 to pay the general expenses
9 of the trial incurred by the defendant not to exceed $50 for
10 each defendant.
11 (Source: P.A. 85-1344.)
12 Section 120. The State Appellate Defender Act is amended
13 by changing Section 10 as follows:
14 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
15 Sec. 10. Powers and duties of State Appellate Defender.
16 (a) The State Appellate Defender shall represent
17 indigent persons on appeal in criminal and delinquent minor
18 proceedings, when appointed to do so by a court under a
19 Supreme Court Rule or law of this State.
20 (b) The State Appellate Defender shall submit a budget
21 for the approval of the State Appellate Defender Commission.
22 (c) The State Appellate Defender may:
23 (1) maintain a panel of private attorneys available
24 to serve as counsel on a case basis;
25 (2) establish programs, alone or in conjunction
26 with law schools, for the purpose of utilizing volunteer
27 law students as legal assistants;
28 (3) cooperate and consult with state agencies,
29 professional associations, and other groups concerning
30 the causes of criminal conduct, the rehabilitation and
31 correction of persons charged with and convicted of
32 crime, the administration of criminal justice, and, in
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1 counties of less than 1,000,000 population, study,
2 design, develop and implement model systems for the
3 delivery of trial level defender services, and make an
4 annual report to the General Assembly;
5 (4) (Blank) provide investigative services to
6 appointed counsel and county public defenders.
7 (d) The State Appellate Defender shall, in and for the
8 trial of capital cases:
9 (1) Maintain a panel of qualified private attorneys
10 and expert witnesses available to serve as trial counsel
11 or provide scientific testing and testimony on a case by
12 case basis and provide a regularly updated list of those
13 attorneys to the Administrative Office of the Illinois
14 Courts. The State Appellate Defender shall not itself,
15 nor its attorneys, be appointed to serve as trial counsel
16 in capital cases.
17 (2) Seek funding from the General Assembly, and
18 from funds appropriated by the General Assembly to the
19 Capital Litigation Trust Fund, to provide public defender
20 offices in counties having a population of 1,000,000 or
21 more with annual grants to be used by the county public
22 defender exclusively for the investigation, trial, and
23 post-conviction review of capital cases.
24 The requirement for reporting to the General Assembly
25 shall be satisfied by filing copies of the report with the
26 Speaker, the Minority Leader and the Clerk of the House of
27 Representatives and the President, the Minority Leader and
28 the Secretary of the Senate and the Legislative Research
29 Unit, as required by Section 3.1 of the General Assembly
30 Organization Act and filing such additional copies with the
31 State Government Report Distribution Center for the General
32 Assembly as is required under paragraph (t) of Section 7 of
33 the State Library Act.
34 (Source: P.A. 86-1210; 87-435; 87-580; 87-614.)
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1 Section 125. The State's Attorneys Appellate
2 Prosecutor's Act is amended by changing Sections 6, 7.05, and
3 7.06 and adding Section 7.07 as follows:
4 (725 ILCS 210/6) (from Ch. 14, par. 206)
5 Sec. 6. The Office is to be organized in the following
6 manner:
7 (a) The staff of the Office of the State's Attorneys
8 Appellate Prosecutor shall consist of a Director, 4 Deputy
9 Directors, Staff Attorneys and such other administrative,
10 secretarial and clerical employees as may be necessary. The
11 State's Attorneys Appellate Prosecutor staff shall include a
12 capital crimes litigation division which shall provide trial
13 attorneys and support to State's Attorneys in the
14 investigation and trial of capital cases. At least 2 of the
15 staff attorneys shall be skilled in the direct and cross
16 examination of forensic and scientific witnesses and in the
17 use of scientific evidence.
18 (b) The Director and all Office Attorneys must be
19 licensed to practice law in the State of Illinois. Staff
20 Attorneys and Deputy Directors hired by the Director, with
21 the concurrence of the board, shall devote full time to their
22 duties and may not engage in the private practice of law,
23 except as provided in Section 7.02.
24 (c) The Director and such other employees as may be
25 hired hereunder shall not be subject to the provisions of the
26 Illinois Personnel Code.
27 (Source: P.A. 84-1062.)
28 (725 ILCS 210/7.05) (from Ch. 14, par. 207.05)
29 Sec. 7.05. The Director shall submit an annual budget
30 for the approval of the board. The budget request shall
31 include a request for funding, through the Capital Litigation
32 Trust Fund, to provide State's Attorneys offices in counties
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1 having a population of 1,000,000 or more with annual grants
2 to be used by the county State's Attorney exclusively for the
3 investigation, trial, and post-conviction review of capital
4 cases.
5 (Source: P.A. 84-1062.)
6 (725 ILCS 210/7.06) (from Ch. 14, par. 207.06)
7 Sec. 7.06. The Director may hire no more than 6
8 investigators to provide investigative services in the trial
9 of capital cases, and in post-conviction proceedings in
10 capital cases, and no more than 12 investigators to provide
11 investigative services in non-capital criminal cases and tax
12 objection cases for staff counsel and county state's
13 attorneys. Investigators may be authorized by the board to
14 carry tear gas gun projectors or bombs, pistols, revolvers,
15 stun guns, tasers or other firearms.
16 Subject to the qualifications set forth below,
17 investigators shall be peace officers and shall have all the
18 powers possessed by policemen in cities and by sheriffs;
19 provided, that investigators shall exercise such powers
20 anywhere in the State only after contact and in cooperation
21 with the appropriate local law enforcement agencies.
22 No investigator shall have peace officer status or
23 exercise police powers unless he or she successfully
24 completes the basic police training course mandated and
25 approved by the Illinois Law Enforcement Training Standards
26 Board or such board waives the training requirement by reason
27 of the investigator's prior law enforcement experience or
28 training or both.
29 The board shall not waive the training requirement unless
30 the investigator has had a minimum of 5 years experience as a
31 sworn officer of a local, state or federal law enforcement
32 agency, 2 of which shall have been in an investigatory
33 capacity.
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1 (Source: P.A. 87-677; 88-586, eff. 8-12-94.)
2 (725 ILCS 210/7.07 new)
3 Sec. 7.07. The Director shall create a databank for, and
4 provide State's Attorneys and law enforcement agencies with,
5 investigative and trial access to expert witnesses and
6 scientific testing in capital cases, including witnesses in
7 rebuttal to mitigation witnesses, sign language and foreign
8 language interpreters, and attorneys skilled in the direct
9 and cross examination of expert witnesses and in the use of
10 scientific evidence testimony.
11 Section 999. Effective date. This Act takes effect June
12 1, 1999.".