92nd General Assembly
Status of SB1757
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 Full Text  Bill Summary

   725 ILCS 5/ 116-5 new                                                       

        Amends the Code of Criminal Procedure of 1963.  Provides that  in      
   every  case  in  which  the death sentence was imposed before March 1,      
   2001 and  the  defendant  remains  under  sentence  of  death  on  the      
   effective  date of this amendatory Act, the circuit court that imposed      
   the sentence shall, upon the motion of the defendant,  which  must  be      
   made  within  6 months from the effective date of this amendatory Act,      
   conduct a hearing to determine whether the counsel and co-counsel  who      
   represented  the  defendant  in  the  proceedings leading to the death      
   sentence possessed the qualifications for counsel  and  co-counsel  in      
   the capital litigation trial bar established by Illinois Supreme Court      
   Rule.  If  the circuit court determines, following a hearing, that the      
   counsel  or  co-counsel  for  the  defendant  did  not   possess   the      
   qualifications for counsel or co-counsel, respectively, in the capital      
   litigation trial bar or that the defendant was not represented both by      
   a  lead counsel and co-counsel, the circuit court shall enter an order      
   vacating the sentence of death imposed upon the defendant.                  
   FEB-05-2002  S  FIRST READING                                                  
   FEB-05-2002  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   JAN-07-2003  S  SESSION SINE DIE                                               


 Full Text  Bill Summary