91st General Assembly
Status of SB0574
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HAWKINSON-OBAMA, SHADID AND CULLERTON.

(DURKIN-WINKEL-OSMOND-TURNER,JOHN-CURRIE)

   725 ILCS 5/101-1          from Ch. 38, par. 101-1                           

        Amends the Code of Criminal Procedure of 1963 with respect to the      
   general purposes of the Code and the imposition of the death penalty.       
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          725 ILCS 5/101-1                                                     
          Adds reference to:                                                   
          New Act                                                              
          30 ILCS 105/5.490 new                                                
          20 ILCS 2605/55a-4              from Ch. 127, par. 55a-4             
          55 ILCS 5/3-4006.1 new                                               
          55 ILCS 5/3-9005                from Ch. 34, par. 3-9005             
          725 ILCS 5/113-3                from Ch. 38, par. 113-3              
          725 ILCS 105/10                 from Ch. 38, par. 208-10             
          725 ILCS 210/6                  from Ch. 14, par. 206                
          725 ILCS 210/7.05               from Ch. 14, par. 207.05             
          725 ILCS 210/7.06               from Ch. 14, par. 207.06             
          725 ILCS 210/7.07 new                                                
        Creates the Capital Crimes Litigation Act.   Permits  the  public      
   defender to request that the Office of the State Appellate Defender be      
   appointed  to  provide  assistance  in  pre-trial investigation, trial      
   preparation, and trial of capital  cases.   Establishes  criteria  for      
   persons  appointed  to represent indigent defendants in capital cases.      
   Provides that if the court finds that the defendant is  accused  of  a      
   capital  crime,  the court shall appoint the Office of State Appellate      
   Defender  to  provide  pre-trial  investigatory  and  other  pre-trial      
   assistance, trial assistance, and aid to the defendant.   Creates  the      
   Capital  Litigation  Trust  Fund  administered  by  the Administrative      
   Office of the Illinois Courts.  Provides that moneys in the Trust Fund      
   shall be used to provide financial support for the defense of  capital      
   cases.  Amends  various  Acts relating to litigation of capital cases.      
   Effective June 1, 1999.                                                     
        SENATE AMENDMENT NO. 2.                                                
        Deletes the authority to expend amounts from the Capital Litiga-       
   tion Trust Fund to provide financial support for federal and State          
   agencies, units of local government, corporations and neighborhood,         
   community, or business organizations for programs designed to improve       
   the administration of the criminal justice system and the death pen-        
   alty.                                                                       
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          725 ILCS 210/6                                                       
          725 ILCS 210/7.05                                                    
          725 ILCS 210/ 7.06                                                   
          725 ILCS 210/7.07 new                                                
        Deletes everything after the enacting clause. Creates the Capital      
   Crimes Litigation Act. Provides  that  if  an  indigent  defendant  is      
   charged  with  an  offense for which a sentence of death is authorized      
   and the State's Attorney has not filed a certificate indicating he  or      
   she  will  not  seek the death penalty or stated on the record in open      
   court that the death penalty will not be sought, the trial court shall      
   immediately appoint the  Public  Defender,  or  such  other  qualified      
   attorney  or  attorneys  as  the  Illinois Supreme Court shall by rule      
   provide, to  represent  the  defendant.  If  the  Public  Defender  is      
   appointed he or she shall immediately assign the attorney or attorneys      
   to represent the defendant. Provides that the assigned attorneys shall      
   meet  the  qualifications  as the Supreme Court shall by rule provide.      
   Provides that the assigned attorneys shall receive compensation  at  a      
   rate  not  to  exceed  $125 per hour, adjusted annually for inflation.      
   Creates the Capital Litigation Trust Fund as a  special  fund  in  the      
   State  treasury.  Provides  that  money  deposited into the Trust Fund      
   shall be used exclusively for the purposes of  providing  funding  for      
   the  pre-trial,  trial,  and post-conviction review in the prosecution      
   and defense of capital cases and shall not be appropriated, loaned, or      
   in  any manner transferred to the General Revenue Fund of the State of      
   Illinois. Provides that  the Cook County  Public  Defender,  the  Cook      
   County  State's  Attorney,  the  State Appellate Defender, the State's      
   Attorneys Appellate Prosecutor, and the Attorney  General  shall  make      
   annual  requests  for appropriations to the Trust Fund.  Provides that      
   the Cook County Public Defender and the Cook County  State's  Attorney      
   shall  make  requests  for  appropriations  for the funding of capital      
   litigation matters in Cook County; and the State  Appellate  Defender,      
   the  State's Attorneys Appellate Prosecutor, and the Attorney General,      
   as the case may be,  shall request appropriations for  the  assistance      
   of  the defense and prosecution of capital cases in all counties other      
   than Cook. Provides that the Cook County  Public  Defender,  the  Cook      
   County  State's  Attorney,  the  State Appellate Defender, the State's      
   Attorneys Appellate Prosecutor, and the Attorney General may apply  to      
   the  General  Assembly  for  supplemental  capital  litigation funding      
   during the fiscal year.   Amends  the  Civil  Administrative  Code  of      
   Illinois,  the  State  Finance  Act,  the  Counties  Code, the Code of      
   Criminal Procedure of 1963, and the State Appellate  Defender  Act  to      
   make  conforming  changes  to  be  consistent  with the Capital Crimes      
   Litigation Act. Effective immediately.                                      
        HOUSE AMENDMENT NO. 3.                                                 
        Deletes everything after the enacting clause. Inserts the Capital      
   Crimes Litigation Act with various changes from the bill as amended by      
   House Amendment No. 1 concerning funding, grants, and  other  matters.      
   Makes  various  changes  in the amendatory language. Provides that the      
   Cook County Public Defender, the Cook  County  State's  Attorney,  the      
   State  Appellate Defender, the State's Attorneys Appellate Prosecutor,      
   and the Attorney General shall each report separately to  the  General      
   Assembly by January 1, 2004 detailing the amounts of money received by      
   them  under the Capital Crimes Litigation Act, the uses for which           
   those funds were expended, and the balances then in the Capital Ligi-       
   gation Trust Fund or county accounts dedicated to them for the use and      
   support  of  Public  Defenders,  appointed  trial defense counsel, and      
   State's Attorneys. Repeals the Capital Crimes Litigation Act  on  July      
   1, 2004. Effective January 1, 2000.                                         
   99-02-24  S  FIRST READING                                                  
   99-02-24  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   99-02-24  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   99-03-03  S       DO PASS                             010-000-000   SJUD    
   99-03-03  S  PLACED ON CALENDAR ORDER OF 2ND READING  99-03-04              
   99-03-22  S  SECOND READING                                                 
   99-03-22  S  PLACED ON CALENDAR ORDER OF 3RD READING  99-03-23              
   99-03-23  S  FILED WITH SECRETARY                                           
   99-03-23  S                             AMENDMENT NO. 01-HAWKINSON          
   99-03-23  S                                           -PETKA                
   99-03-23  S                     AMENDMENT REFERRED TO SRUL                  
   99-03-23  S                             AMENDMENT NO. 01-HAWKINSON          
   99-03-23  S                                           -PETKA                
   99-03-23  S                           RULES REFERS TO SJUD                  
   99-03-24  S  ADDED AS A CHIEF CO-SPONSOR              OBAMA                 
   99-03-24  S  FILED WITH SECRETARY                                           
   99-03-24  S                             AMENDMENT NO. 02-HAWKINSON          
   99-03-24  S                     AMENDMENT REFERRED TO SRUL                  
   99-03-24  S                             AMENDMENT NO. 01-HAWKINSON          
   99-03-24  S                                           -PETKA                
   99-03-24  S                                BE ADOPTED SJUD/006-000-000      
   99-03-24  S                             AMENDMENT NO. 02-HAWKINSON          
   99-03-24  S             BE APPROVED FOR CONSIDERATION SRUL                  
   99-03-24  S  ADDED AS A CO-SPONSOR                    SHADID                
   99-03-24  S  ADDED AS A CO-SPONSOR                    CULLERTON             
   99-03-24  S  RECALLED TO SECOND READING                                     
   99-03-24  S                             AMENDMENT NO. 01-HAWKINSON          
   99-03-24  S                                           -PETKA                
   99-03-24  S                                   ADOPTED                       
   99-03-24  S                             AMENDMENT NO. 02-HAWKINSON          
   99-03-24  S                                   ADOPTED                       
   99-03-24  S  PLACED ON CALENDAR ORDER OF 3RD READING  99-03-25              
   99-03-25  S  THIRD READING - PASSED                   058-000-000           
   99-03-25  H  ARRIVE IN HOUSE                                                
   99-03-25  H  PLACED CALENDAR ORDER OF FIRST READING                         
   99-03-26  H  HOUSE SPONSOR                            DURKIN                
   99-03-26  H  ADDED AS A JOINT SPONSOR                 WINKEL                
   99-03-26  H  ADDED AS A JOINT SPONSOR                 OSMOND                
   99-03-26  H  ADDED AS A JOINT SPONSOR                 TURNER,JOHN           
   99-03-26  H  ADDED AS A JOINT SPONSOR                 CURRIE                
   99-03-26  H  FIRST READING                                                  
   99-03-26  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   99-04-14  H       ASSIGNED TO COMMITTEE               JUD-CRIMINAL          
   99-04-29  H                                           COMMITTEE AND 3RD     
   99-04-29  H                                           READING DEADLINE      
   99-04-29  H                                           EXTENDED - 5/21/99    
   99-04-29  H                   COMMITTEE               JUD-CRIMINAL          
   99-05-05  H  MOTION FILED TO SUSPEND RULE 25          DURKIN                
   99-05-05  H                   COMMITTEE               JUD-CRIMINAL          
   99-05-13  H                             AMENDMENT NO. 01-JUD-CRIMINAL  H    
   99-05-13  H                                   ADOPTED                       
   99-05-13  H  DO PASS AMENDED/SHORT DEBATE             011-000-000   HJUB    
   99-05-13  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   99-05-17  H  SECOND READING-SHORT DEBATE                                    
   99-05-17  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   99-05-18  H                             AMENDMENT NO. 02-DURKIN             
   99-05-18  H                     AMENDMENT REFERRED TO HRUL                  
   99-05-18  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   99-05-19  H                             AMENDMENT NO. 03-DURKIN             
   99-05-19  H                     AMENDMENT REFERRED TO HRUL                  
   99-05-19  H                             AMENDMENT NO. 02-DURKIN             
   99-05-19  H  RECOMMENDS BE ADOPTED                    HRUL                  
   99-05-19  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   99-05-20  H                             AMENDMENT NO. 03-DURKIN             
   99-05-20  H  RECOMMENDS BE ADOPTED                    HRUL                  
   99-05-20  H                             AMENDMENT NO. 02-DURKIN             
   99-05-20  H                                 WITHDRAWN                       
   99-05-20  H                             AMENDMENT NO. 03-DURKIN             
   99-05-20  H                                   ADOPTED                       
   99-05-20  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   99-05-21  H  THIRD READING/SHORT DEBATE/PASSED        116-000-000           
   99-05-21  S  SECRETARYS DESK - CONCURRENCE            01,03                 
   99-05-21  S  FILED WITH SECRETARY                                           
   99-05-21  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01,03/HAWKINSON       
   99-05-21  S                        MOTION REFERRED TO SRUL                  
   99-05-21  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01,03/HAWKINSON       
   99-05-21  S                           RULES REFERS TO SJUD                  
   99-05-21  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01,03/HAWKINSON       
   99-05-21  S                                BE ADOPTED SJUD/009-000-000      
   99-05-21  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01,03/HAWKINSON       
   99-05-21  S  SEN CONCURS IN HSE AMENDMENTS (NO.)      01,03/059-000-000     
   99-05-21  S  PASSED BOTH HOUSES                                             
   99-06-18  S  SENT TO THE GOVERNOR                                           
   99-08-14  S  GOVERNOR APPROVED                                              
   99-08-14  S                            EFFECTIVE DATE 00-01-01              
   99-08-14  S  PUBLIC ACT.............................. 91-0589               

   END OF INQUIRY 



 Full Text  Bill Summary