State of Illinois
92nd General Assembly

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 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Code of  Criminal  Procedure  of  1963  is
 5    amended by adding Section 116-5 as follows:

 6        (725 ILCS 5/ 116-5 new)
 7        Sec.  116-5.  Motion  for  new capital sentencing hearing
 8    based on inadequate trial counsel.
 9        (a)  In every  case  in  which  the  death  sentence  was
10    imposed  before March 1, 2001 and the defendant remains under
11    sentence of death on the effective date  of  this  amendatory
12    Act  of  the  92nd  General  Assembly, the circuit court that
13    imposed the sentence shall, upon  motion  of  the  defendant,
14    which must be made within 6 months from the effective date of
15    this  amendatory  Act of the 92nd General Assembly, conduct a
16    hearing to determine whether the counsel and  co-counsel  who
17    represented  the  defendant in the proceedings leading to the
18    death sentence possessed the qualifications for  counsel  and
19    co-counsel in the capital litigation trial bar established by
20    Illinois Supreme Court Rule 714(b).
21        (b)  If the circuit court determines, following a hearing
22    conducted   under   subsection   (a),  that  the  counsel  or
23    co-counsel  for   the   defendant   did   not   possess   the
24    qualifications  for  counsel  or co-counsel, respectively, in
25    the capital litigation trial bar or that  the  defendant  was
26    not  represented  both  by a lead counsel and co-counsel, the
27    circuit court shall enter an order vacating the  sentence  of
28    death imposed upon the defendant.
29        (c)  Within 30 days following the entry of an order under
30    subsection  (b),  the State shall inform the circuit court in
31    writing whether it wishes to conduct a new sentencing hearing
                            -2-                LRB9213190RCcd
 1    in accordance with subsections (c) through (h) of Section 9-1
 2    of the Criminal Code of 1961 at which the defendant shall  be
 3    represented  by  counsel  and  co-counsel  from  the  capital
 4    litigation  trial  bar  roster.  If  the  State  elects a new
 5    capital sentencing hearing, the  hearing  shall  be  promptly
 6    scheduled.  If  the  State  does  not  elect to conduct a new
 7    capital sentencing hearing,  the  court  shall  sentence  the
 8    defendant  to  a  term of imprisonment under Chapter V of the
 9    Unified Code of Corrections.

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