State of Illinois
91st General Assembly
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Public Act 91-0589

SB574 Enrolled                                 SRS91S0019PWch

    AN ACT in relation to capital litigation.

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

    Section  1.   Short  title.  This Act may be cited as the
Capital Crimes Litigation Act.

    Section 5.  Appointment of trial counsel in death penalty
cases. If an indigent defendant is charged  with  an  offense
for  which a sentence of death is authorized, and the State's
Attorney  has  not,  at  or  before  arraignment,   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 as trial counsel. If  the
Public  Defender  is  appointed,  he or she shall immediately
assign such attorney or attorneys who are public defenders to
represent  the  defendant.   The  counsel  shall   meet   the
qualifications as the Supreme Court shall by rule provide.

    Section  10.  Court appointed trial counsel; compensation
and expenses.
    (a)  This  Section  applies  only  to  compensation   and
expenses of trial counsel appointed by the court as set forth
in  Section  5,  other  than public defenders, for the period
after arraignment and so long as  the  State's  Attorney  has
not,  at  any  time, 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.
    (b)  Appointed  trial  counsel  shall be compensated upon
presentment and certification by the circuit court of a claim
for services detailing the date, activity, and time  duration
for  which compensation is sought. Compensation for appointed
trial counsel may be paid at a reasonable rate not to  exceed
$125 per hour.
    Beginning  in  2001, every January 20, the statutory rate
prescribed  in  this  subsection   shall   be   automatically
increased  or decreased, as applicable, by a percentage equal
to the percentage change in the consumer price index-u during
the  preceding  12-month  calendar  year.   "Consumer   price
index-u"  means  the  index  published by the Bureau of Labor
Statistics of the United  States  Department  of  Labor  that
measures  the  average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items,  1982-84=100.  The new rate  resulting  from  each
annual  adjustment shall be determined by the State Treasurer
and made available  to  the  chief  judge  of  each  judicial
circuit.
    (c)  Appointed  trial counsel may also petition the court
for certification of expenses for  reasonable  and  necessary
capital  litigation  expenses  including, but not limited to,
investigatory and other  assistance,  expert,  forensic,  and
other  witnesses, and mitigation specialists. Counsel may not
petition for certification of expenses  that  may  have  been
provided or compensated by the State Appellate Defender under
item  (c)(5)  of  Section  10 of the State Appellate Defender
Act.
    (d)  Appointed trial counsel shall petition the court for
certification of compensation and expenses under this Section
periodically during the course of  counsel's  representation.
If  the  court  determines that the compensation and expenses
should be paid from the Capital Litigation  Trust  Fund,  the
court   shall  certify,  on  a  form  created  by  the  State
Treasurer, that all or a designated  portion  of  the  amount
requested  is  reasonable,  necessary,  and  appropriate  for
payment  from  the Trust Fund.  Certification of compensation
and expenses by a court in any county other than Cook  County
shall  be  delivered  by the court to the State Treasurer and
paid  by  the  State  Treasurer  directly  from  the  Capital
Litigation Trust Fund if there are sufficient moneys  in  the
Trust   Fund   to   pay   the   compensation   and  expenses.
Certification of compensation and expenses by a court in Cook
County  shall  be  delivered  by  the  court  to  the  county
treasurer and  paid  by  the  county  treasurer  from  moneys
granted to the county from the Capital Litigation Trust Fund.

    Section 15.  Capital Litigation Trust Fund.
    (a)  The  Capital  Litigation  Trust Fund is created as a
special fund in the State Treasury.  The Trust Fund shall  be
administered by the State Treasurer to provide moneys for the
appropriations   to  be  made,  grants  to  be  awarded,  and
compensation and expenses to be paid under  this  Act.    All
interest  earned  from  the  investment  or deposit of moneys
accumulated in the Trust Fund shall, under Section 4.1 of the
State Finance Act,  be deposited into the Trust Fund.
    (b)  Moneys deposited into the Trust Fund  shall  not  be
considered general revenue of the State of Illinois.
    (c)  Moneys  deposited  into the Trust Fund shall be used
exclusively for the purposes of  providing  funding  for  the
prosecution  and defense of capital cases as provided in this
Act and shall not be appropriated, loaned, or in  any  manner
transferred  to  the  General  Revenue  Fund  of the State of
Illinois.
    (d)  Every fiscal year the State Treasurer shall transfer
from the General Revenue Fund to the Capital Litigation Trust
Fund  an  amount  equal  to  the  full   amount   of   moneys
appropriated  by  the  General Assembly (both by original and
supplemental appropriation), less any unexpended balance from
the previous fiscal year, from the Capital  Litigation  Trust
Fund for the specific purpose of making funding available for
the  prosecution  and  defense  of capital cases.  The Public
Defender and State's  Attorney  in  Cook  County,  the  State
Appellate   Defender,   the   State's   Attorneys   Appellate
Prosecutor,  and  the  Attorney  General  shall  make  annual
requests for appropriations from the Trust Fund.
         (1)  The   Public  Defender  in  Cook  County  shall
    request  appropriations  to  the  State   Treasurer   for
    expenses  incurred by the Public Defender and for funding
    for private appointed defense counsel in Cook  County.
         (2)  The  State's  Attorney  in  Cook  County  shall
    request an  appropriation  to  the  State  Treasurer  for
    expenses incurred by the State's Attorney.
         (3)  The  State  Appellate  Defender shall request a
    direct appropriation from the  Trust  Fund  for  expenses
    incurred  by  the  State  Appellate Defender in providing
    assistance  to  trial  attorneys  under  item  (c)(5)  of
    Section 10 of the State Appellate  Defender  Act  and  an
    appropriation  to  the  State Treasurer for payments from
    the Trust Fund for the defense of cases in counties other
    than Cook County.
         (4)  The  State's  Attorneys  Appellate   Prosecutor
    shall  request a direct appropriation from the Trust Fund
    to  pay  expenses  incurred  by  the  State's   Attorneys
    Appellate  Prosecutor  and  an appropriation to the State
    Treasurer for payments from the Trust Fund  for  expenses
    incurred by State's Attorneys in counties other than Cook
    County.
         (5)  The  Attorney  General  shall  request a direct
    appropriation  from  the  Trust  Fund  to  pay   expenses
    incurred by the Attorney General in assisting the State's
    Attorneys in counties other than Cook County.
    The  Public Defender and State's Attorney in Cook County,
the State Appellate Defender, the State's Attorneys Appellate
Prosecutor,  and  the  Attorney  General  may  each   request
supplemental  appropriations  from  the Trust Fund during the
fiscal year.
    (e)  Moneys in the Trust Fund shall be expended  only  as
follows:
         (1)  To   pay   the   State   Treasurer's  costs  to
    administer the Trust Fund.  The amount for  this  purpose
    may  not  exceed  5% in any one fiscal year of the amount
    otherwise appropriated from the Trust Fund  in  the  same
    fiscal year.
         (2)  To pay the capital litigation expenses of trial
    defense  including, but not limited to, investigatory and
    other assistance, expert, forensic, and other  witnesses,
    and  mitigation  specialists, and grants and aid provided
    to public defenders or assistance to attorneys  who  have
    been  appointed  by the court to represent defendants who
    are charged with capital crimes.
         (3)  To pay the  compensation  of  trial  attorneys,
    other  than  public defenders, who have been appointed by
    the court to represent defendants who  are  charged  with
    capital crimes.
         (4)  To  provide  State's Attorneys with funding for
    capital litigation expenses including,  but  not  limited
    to,   investigatory  and  other  assistance  and  expert,
    forensic, and other  witnesses  necessary  to   prosecute
    capital  cases.    State's  Attorneys in any county other
    than Cook County seeking funding for  capital  litigation
    expenses including, but not limited to, investigatory and
    other assistance and expert, forensic, or other witnesses
    under this Section may request that the State's Attorneys
    Appellate Prosecutor or the Attorney General, as the case
    may  be,  certify  the expenses as reasonable, necessary,
    and appropriate for payment from the  Trust  Fund,  on  a
    form  created by the State Treasurer.  Upon certification
    of the expenses and delivery of the certification to  the
    State  Treasurer,  the  Treasurer  shall pay the expenses
    directly from the Capital Litigation Trust Fund if  there
    are  sufficient  moneys  in  the  Trust  Fund  to pay the
    expenses.
         (5)  To  provide  financial  support   through   the
    Attorney General pursuant to the Attorney General Act for
    the  several  county  State's  Attorneys  outside of Cook
    County, but shall not be used to increase  personnel  for
    the Attorney General's Office.
         (6)  To   provide   financial  support  through  the
    State's Attorneys Appellate Prosecutor  pursuant  to  the
    State's  Attorneys  Appellate  Prosecutor's  Act  for the
    several county State's Attorneys outside of Cook  County,
    but  shall  not  be  used  to  increase personnel for the
    State's Attorneys Appellate Prosecutor.
         (7)  To  provide  financial  support  to  the  State
    Appellate  Defender  pursuant  to  the  State   Appellate
    Defender Act.
    Moneys  expended from the Trust Fund shall be in addition
to county funding for Public Defenders and State's Attorneys,
and shall not be used to  supplant  or  reduce  ordinary  and
customary county funding.
    (f)  Moneys  in  the  Trust Fund shall be appropriated to
the State Appellate Defender, the State's Attorneys Appellate
Prosecutor, the Attorney General, and  the  State  Treasurer.
The  State  Appellate Defender shall receive an appropriation
from the Trust Fund to enable it  to  provide  assistance  to
appointed  defense counsel throughout the State and to Public
Defenders in counties other than Cook.  The State's Attorneys
Appellate Prosecutor and the Attorney General  shall  receive
appropriations  from the Trust Fund to enable them to provide
assistance to State's Attorneys in counties other  than  Cook
County.   Moneys shall be appropriated to the State Treasurer
to enable the Treasurer (i) to make grants  to  Cook  County,
(ii)  to  pay  the  expenses  of Public Defenders and State's
Attorneys in counties other than Cook County,  (iii)  to  pay
the expenses and compensation of appointed defense counsel in
counties other than Cook County, and (iv) to pay the costs of
administering  the  Trust  Fund.  All expenditures and grants
made from the Trust Fund shall be subject  to  audit  by  the
Auditor General.
    (g)  For Cook County, grants from the Trust Fund shall be
made and administered as follows:
         (1)  For   each   State  fiscal  year,  the  State's
    Attorney and Public Defender must each  make  a  separate
    application to the State Treasurer for capital litigation
    grants.
         (2)  The  State  Treasurer shall establish rules and
    procedures  for  grant  applications.   The  rules  shall
    require the Cook County Treasurer as the grant  recipient
    to  report on a periodic basis to the State Treasurer how
    much of the grant has been  expended,  how  much  of  the
    grant  is remaining, and the purposes for which the grant
    has been used.  The  rules  may  also  require  the  Cook
    County  Treasurer  to  certify  on  a periodic basis that
    expenditures of the funds have  been  made  for  expenses
    that  are  reasonable,  necessary,  and  appropriate  for
    payment from the Trust Fund.
         (3)  The  State  Treasurer  shall make the grants to
    the Cook County Treasurer as soon as possible  after  the
    beginning of the State fiscal year.
         (4)  The  State's  Attorney  or  Public Defender may
    apply for supplemental grants during the fiscal year.
         (5)  Grant moneys shall be paid to the  Cook  County
    Treasurer  in  block grants and held in separate accounts
    for the State's Attorney, the Public Defender, and  court
    appointed  defense  counsel  other  than  the Cook County
    Public Defender, respectively, for the designated  fiscal
    year, and are not subject to county appropriation.
         (6)  Expenditure   of   grant   moneys   under  this
    subsection  (g)  is  subject  to  audit  by  the  Auditor
    General.
         (7)  The Cook  County  Treasurer  shall  immediately
    make payment from the appropriate separate account in the
    county  treasury  for  capital litigation expenses to the
    State's Attorney, Public  Defender,  or  court  appointed
    defense  counsel  other  than the Public Defender, as the
    case may be, upon order of the State's  Attorney,  Public
    Defender or the court, respectively.
    (h)  If  a  defendant in a capital case in Cook County is
represented by court appointed counsel other  than  the  Cook
County  Public Defender, the appointed counsel shall petition
the court for an order directing the Cook County Treasurer to
pay the court appointed counsel's  reasonable  and  necessary
compensation  and  capital  litigation  expenses  from  grant
moneys provided from the Trust Fund. These petitions shall be
considered   in   camera.    Orders   denying  petitions  for
compensation or expenses are final. Counsel may not  petition
for  expenses  that  may have been provided or compensated by
the State Appellate Defender under item (c)(5) of Section  10
of the State Appellate Defender Act.
    (i)  In  counties  other  than Cook County, and excluding
capital litigation expenses or services that  may  have  been
provided by the State Appellate Defender under item (c)(5) of
Section 10 of the State Appellate Defender Act:
         (1)  Upon  certification  by the circuit court, on a
    form created by  the  State  Treasurer,  that  all  or  a
    portion  of  the  expenses are reasonable, necessary, and
    appropriate for payment  from  the  Trust  Fund  and  the
    court's  delivery  of the certification to the Treasurer,
    the Treasurer shall pay the certified expenses of  Public
    Defenders  from  the  money appropriated to the Treasurer
    for capital litigation expenses of  Public  Defenders  in
    any   county   other  than  Cook  County,  if  there  are
    sufficient moneys in the Trust Fund to pay the expenses.
         (2)  If a defendant in a capital case is represented
    by  court  appointed  counsel  other  than   the   Public
    Defender,  the appointed counsel shall petition the court
    to certify compensation and capital  litigation  expenses
    including,  but  not  limited to, investigatory and other
    assistance, expert, forensic, and  other  witnesses,  and
    mitigation  specialists  as  reasonable,  necessary,  and
    appropriate  for  payment  from  the  Trust  Fund.   Upon
    certification on a form created by the State Treasurer of
    all  or  a  portion  of  the  compensation  and  expenses
    certified  as  reasonable, necessary, and appropriate for
    payment from the Trust Fund and the court's  delivery  of
    the  certification  to the Treasurer, the State Treasurer
    shall pay the certified compensation  and  expenses  from
    the money appropriated to the Treasurer for that purpose,
    if  there are sufficient moneys in the Trust Fund to make
    those payments.
         (3)  A  petition  for  capital  litigation  expenses
    under this subsection  shall  be  considered  in  camera.
    Orders denying petitions for compensation or expenses are
    final.
    (j)  If the Trust Fund is discontinued or dissolved by an
Act  of  the  General  Assembly  or  by operation of law, any
balance remaining in the Trust Fund shall be returned to  the
General Revenue Fund after deduction of administrative costs,
any   other   provision   of   this   Act   to  the  contrary
notwithstanding.

    Section 19.  Report; repeal.
    (a)  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  through  this  Act, the uses for which those funds were
expended, the balances then in the Capital  Litigation  Trust
Fund   or  county  accounts, as the case may be, dedicated to
them for the use and support of Public  Defenders,  appointed
trial defense counsel, and State's Attorneys, as the case may
be.   The  report  shall  describe  and  discuss the need for
continued  funding  through  the   Fund   and   contain   any
suggestions for changes to this Act.
    (b)  Unless the General Assembly provides otherwise, this
Act is repealed on July 1, 2004.

    Section 20.  The Civil Administrative Code of Illinois is
amended by changing Section  55a-4 as follows:

    (20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
    Sec.  55a-4.   The  Division  of  Forensic Services shall
exercise the following functions:
    1.  to exercise the rights, powers and duties  vested  by
law  in  the  Department  by  "An Act in relation to criminal
identification and investigation", approved July 2, 1931,  as
amended;
    2.  to  exercise  the rights, powers and duties vested by
law in the Department by subsection (5)  of  Section  55a  of
this Act;
    3.  to   provide  assistance  to  local  law  enforcement
agencies  through   training,   management   and   consultant
services;
    4.  to  exercise  the rights, powers and duties vested by
law  in  the  Department   by  "An  Act   relating   to   the
acquisition,  possession and transfer of firearms and firearm
ammunition and to provide a penalty for the violation thereof
and  to  make  an  appropriation  in  connection  therewith",
approved August 3, 1967, as amended;
    5.  to exercise other duties which may be assigned by the
Director in order to fulfill the responsibilities and achieve
the purposes of the Department; and
    6.  to  establish  and   operate   a   forensic   science
laboratory   system,   including   a  forensic  toxicological
laboratory service, for  the  purpose  of  testing  specimens
submitted  by  coroners and other law enforcement officers in
their  efforts  to  determine  whether  alcohol,   drugs   or
poisonous  or  other  toxic  substances have been involved in
deaths,  accidents  or  illness.     Forensic   toxicological
laboratories shall be established in Springfield, Chicago and
elsewhere in the State as needed; and.
    7.  subject  to  specific  appropriations  made for these
purposes, to establish and coordinate a system for  providing
accurate   and   expedited   forensic   science   and   other
investigative   and   laboratory   services   to   local  law
enforcement agencies and local State's Attorneys  in  aid  of
the investigation and trial of capital cases.
(Source: P.A. 90-130, eff. 1-1-98.)

    Section  23.  The  State Finance Act is amended by adding
Section 5.490 as follows:

    (30 ILCS 105/5.490 new)
    Sec. 5.490.  Capital Litigation Trust Fund.

    Section 25.  The Counties Code  is  amended  by  changing
Section 3-9005 and adding Section 3-4006.1 as follows:

    (55 ILCS 5/3-4006.1 new)
    Sec.  3-4006.1.   Powers  and  Duties  of the Cook County
Public Defender.  For each State fiscal year, the Cook County
Public Defender shall appear before the General Assembly  and
request appropriations to be made from the Capital Litigation
Trust  Fund  to  the  State  Treasurer  for  the  purpose  of
providing  trial  defense  assistance  in capital cases.  The
Public Defender may appear before  the  General  Assembly  at
other  times  during  the  State's  fiscal  year  to  request
supplemental  appropriations  be  made from the Trust Fund to
the State Treasurer.

    (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
    Sec. 3-9005.  Powers and duties of State's attorney.
    (a)  The duty of each State's attorney shall be:
         (1)  To commence and prosecute all  actions,  suits,
    indictments  and prosecutions, civil and criminal, in the
    circuit court for his county, in which the people of  the
    State or county may be concerned.
         (2)  To    prosecute   all   forfeited   bonds   and
    recognizances, and all actions and  proceedings  for  the
    recovery of debts, revenues, moneys, fines, penalties and
    forfeitures  accruing  to  the State or his county, or to
    any school district or road district in his county; also,
    to prosecute all suits in his county against railroad  or
    transportation  companies, which may be prosecuted in the
    name of the People of the State of Illinois.
         (3)  To  commence  and  prosecute  all  actions  and
    proceedings brought by any county officer in his official
    capacity.
         (4)  To defend all actions and  proceedings  brought
    against  his  county,  or  against  any  county  or State
    officer, in his official capacity, within his county.
         (5)  To  attend  the  examination  of  all   persons
    brought  before  any  judge  on  habeas  corpus, when the
    prosecution is in his county.
         (6)  To attend before judges and  prosecute  charges
    of  felony  or  misdemeanor,  for  which  the offender is
    required to be recognized to appear  before  the  circuit
    court, when in his power so to do.
         (7)  To  give his opinion, without fee or reward, to
    any county officer in his county, upon  any  question  or
    law  relating  to  any criminal or other matter, in which
    the people or the county may be concerned.
         (8)  To assist the attorney general whenever it  may
    be  necessary,  and in cases of appeal from his county to
    the Supreme Court,  to  which  it  is  the  duty  of  the
    attorney general to attend, he shall furnish the attorney
    general  at least 10 days before such is due to be filed,
    a manuscript of a proposed statement, brief and  argument
    to be printed and filed on behalf of the people, prepared
    in  accordance  with  the  rules  of  the  Supreme Court.
    However, if such brief, argument or other document is due
    to be filed by law or order of court within this  10  day
    period,  then  the State's attorney shall furnish such as
    soon as may be reasonable.
         (9)  To pay all moneys received  by  him  in  trust,
    without  delay,  to the officer who by law is entitled to
    the custody thereof.
         (10)  To notify, by first  class  mail,  complaining
    witnesses  of  the  ultimate  disposition  of  the  cases
    arising from an indictment or an information.
         (11)  To  perform  such  other and further duties as
    may, from time to time, be enjoined on him by law.
         (12)  To appear in all proceedings by collectors  of
    taxes  against delinquent taxpayers for judgments to sell
    real estate, and see that all the  necessary  preliminary
    steps  have been legally taken to make the judgment legal
    and binding.
    (b)  The State's  Attorney  of  each  county  shall  have
authority  to  appoint  one  or more special investigators to
serve  subpoenas,  make  return  of   process   and   conduct
investigations  which  assist  the  State's  Attorney  in the
performance of his duties.  A special investigator shall  not
carry firearms except with permission of the State's Attorney
and only while carrying appropriate identification indicating
his employment and in the performance of his assigned duties.
    Subject   to   the   qualifications  set  forth  in  this
subsection, special investigators shall be peace officers and
shall have all the powers possessed  by  investigators  under
the State's Attorneys Appellate Prosecutor's Act.
    No  special investigator employed by the State's Attorney
shall have peace officer status  or  exercise  police  powers
unless  he  or  she  successfully  completes the basic police
training course mandated and approved  by  the  Illinois  Law
Enforcement Training Standards Board or such board waives the
training  requirement by reason of the special investigator's
prior law enforcement experience or  training  or  both.  Any
State's  Attorney  appointing  a  special  investigator shall
consult with all  affected  local  police  agencies,  to  the
extent  consistent  with  the public interest, if the special
investigator  is  assigned  to  areas  within  that  agency's
jurisdiction.
    Before a person is appointed as a  special  investigator,
his  fingerprints  shall  be  taken  and  transmitted  to the
Department of State Police.  The Department shall examine its
records and submit to the State's Attorney of the  county  in
which  the  investigator  seeks  appointment  any  conviction
information   concerning   the   person   on  file  with  the
Department.  No  person  shall  be  appointed  as  a  special
investigator if he has been convicted of a  felony  or  other
offense  involving  moral  turpitude.  A special investigator
shall be paid a salary and be reimbursed for actual  expenses
incurred in performing his assigned duties.  The county board
shall  approve the salary and actual expenses and appropriate
the salary and expenses in the manner prescribed  by  law  or
ordinance.
    (c)  The  State's  Attorney  may request and receive from
employers, labor unions,  telephone  companies,  and  utility
companies  location  information  concerning putative fathers
and noncustodial parents for the purpose  of  establishing  a
child's  paternity or establishing, enforcing, or modifying a
child support  obligation.   In  this  subsection,  "location
information"   means   information  about  (i)  the  physical
whereabouts of a putative father or noncustodial parent, (ii)
the putative father or  noncustodial  parent's  employer,  or
(iii)  the salary, wages, and other compensation paid and the
health insurance coverage provided to the putative father  or
noncustodial parent by the employer of the putative father or
noncustodial parent or by a labor union of which the putative
father or noncustodial parent is a member.
    (d)  For  each State fiscal year, the State's Attorney of
Cook County shall appear  before  the  General  Assembly  and
request appropriations to be made from the Capital Litigation
Trust  Fund  to  the  State  Treasurer  for  the  purpose  of
providing  assistance  in the prosecution of capital cases in
Cook County.  The State's  Attorney  may  appear  before  the
General  Assembly  at  other  times during the State's fiscal
year to request supplemental appropriations  from  the  Trust
Fund to the State Treasurer.
(Source: P.A. 88-586, eff. 8-12-94; 89-395, eff. 1-1-96.)

    Section  30.   The  Code of Criminal Procedure of 1963 is
amended by changing Section 113-3 as follows:

    (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
    Sec. 113-3.  (a) Every person  charged  with  an  offense
shall  be  allowed counsel before pleading to the charge.  If
the defendant desires counsel and has been unable  to  obtain
same  before  arraignment  the  court  shall  recess court or
continue the cause for a reasonable time to permit  defendant
to obtain counsel and consult with him before pleading to the
charge. If the accused is a dissolved corporation, and is not
represented  by  counsel,  the  court may, in the interest of
justice, appoint as  counsel  a  licensed  attorney  of  this
State.
    (b)  In  all  cases,  except  where the penalty is a fine
only, if the court determines that the defendant is  indigent
and  desires  counsel, the Public Defender shall be appointed
as counsel.  If there is no Public Defender in the county  or
if  the  defendant  requests  counsel  other  than the Public
Defender and the court finds that the rights of the defendant
will be prejudiced by the appointment of the Public Defender,
the court shall appoint as counsel a licensed attorney at law
of this State, except that in a county having a population of
2,000,000 1,000,000 or more  the  Public  Defender  shall  be
appointed  as  counsel  in  all  misdemeanor  cases where the
defendant is indigent and desires  counsel  unless  the  case
involves  multiple  defendants,  in  which case the court may
appoint counsel  other  than  the  Public  Defender  for  the
additional  defendants.  The court shall require an affidavit
signed by any defendant who requests court-appointed counsel.
Such affidavit shall  be  in  the  form  established  by  the
Supreme  Court containing sufficient information to ascertain
the assets and liabilities of that defendant.  The Court  may
direct the Clerk of the Circuit Court to assist the defendant
in the completion of the affidavit.  Any person who knowingly
files  such affidavit containing false information concerning
his assets and  liabilities shall be  liable  to  the  county
where  the  case,  in which such false affidavit is filed, is
pending for the reasonable value of the services rendered  by
the  public  defender or other court-appointed counsel in the
case to the  extent  that  such  services  were  unjustly  or
falsely procured.
    (c)  Upon  the  filing  with  the  court  of  a  verified
statement  of  services  rendered  the  court shall order the
county treasurer of the county of trial to pay counsel  other
than  the  Public  Defender a reasonable fee. The court shall
consider  all  relevant  circumstances,  including  but   not
limited  to  the  time spent while court is in session, other
time  spent  in  representing  the  defendant,  and  expenses
reasonably  incurred  by  counsel.   In   counties   with   a
population  greater than 2,000,000, the court shall order the
county treasurer of the county of trial to pay counsel  other
than the Public Defender a reasonable fee stated in the order
and  based  upon  a rate of compensation of not more than $40
for each hour spent while court is in session  and  not  more
than  $30  for  each  hour  otherwise  spent  representing  a
defendant,  and  such compensation shall not  exceed $150 for
each defendant represented in misdemeanor cases and $1250  in
felony  cases, in addition to expenses reasonably incurred as
hereinafter  in  this  Section  provided,  except  that,   in
extraordinary  circumstances, payment in excess of the limits
herein stated may be made if the trial court  certifies  that
such  payment  is  necessary to provide fair compensation for
protracted representation.  A trial court may  entertain  the
filing  of  this verified statement before the termination of
the cause, and may order  the  provisional  payment  of  sums
during the pendency of the cause.
    (d)  In  capital  cases,  in  addition to counsel, if the
court determines that the defendant  is  indigent  the  court
may,  upon  the filing with the court of a verified statement
of services rendered,  order  the  county  Treasurer  of  the
county  of  trial  to  pay  necessary  expert  witnesses  for
defendant  reasonable compensation stated in the order not to
exceed $250 for each defendant.
    (e)  If the court  in  any  county  having  a  population
greater   than   2,000,000   1,000,000  determines  that  the
defendant is indigent the court may, upon the filing with the
court of a verified statement of  such  expenses,  order  the
county  treasurer  of  the  county of trial, in such counties
having a population greater than 2,000,000 1,000,000  to  pay
the  general  expenses of the trial incurred by the defendant
not to exceed $50 for each defendant.
    (f)  The  provisions  of   this   Section   relating   to
appointment  of counsel, compensation of counsel, and payment
of  expenses  in  capital  cases  apply   except   when   the
compensation  and  expenses  are  being  provided  under  the
Capital Crimes Litigation Act.
(Source: P.A. 85-1344.)

    Section  35.  The State Appellate Defender Act is amended
by changing Section 10 as follows:

    (725 ILCS 105/10) (from Ch. 38, par. 208-10)
    Sec. 10.  Powers and duties of State Appellate Defender.
    (a)  The  State  Appellate   Defender   shall   represent
indigent  persons  on appeal in criminal and delinquent minor
proceedings, when appointed to do  so  by  a  court  under  a
Supreme Court Rule or law of this State.
    (b)  The  State  Appellate Defender shall submit a budget
for the approval of the State Appellate Defender Commission.
    (c)  The State Appellate Defender may:
         (1)  maintain a panel of private attorneys available
    to serve as counsel on a case basis;
         (2)  establish programs,  alone  or  in  conjunction
    with  law schools, for the purpose of utilizing volunteer
    law students as legal assistants;
         (3)  cooperate  and  consult  with  state  agencies,
    professional associations, and  other  groups  concerning
    the  causes  of  criminal conduct, the rehabilitation and
    correction of  persons  charged  with  and  convicted  of
    crime,  the  administration  of criminal justice, and, in
    counties  of  less  than  1,000,000  population,   study,
    design,  develop  and  implement  model  systems  for the
    delivery of trial level defender services,  and  make  an
    annual report to the General Assembly;
         (4)  provide  investigative  services  to  appointed
    counsel and county public defenders;.
         (5)  in  cases  in  which  a  death  sentence  is an
    authorized disposition, provide trial  counsel  with  the
    assistance   of   expert  witnesses,  investigators,  and
    mitigation specialists from  funds  appropriated  to  the
    State Appellate Defender specifically for that purpose by
    the  General  Assembly.   The  Office  of State Appellate
    Defender shall not be appointed to serve as trial counsel
    in capital cases.
    (d)  For each State  fiscal  year,  the  State  Appellate
Defender shall appear before the General Assembly and request
appropriations  to  be made from the Capital Litigation Trust
Fund to the State Treasurer  for  the  purpose  of  providing
defense  assistance  in capital cases outside of Cook County.
The State Appellate Defender may appear  before  the  General
Assembly  at  other  times  during the State's fiscal year to
request supplemental appropriations from the  Trust  Fund  to
the State Treasurer.
    (e)  The   requirement   for  reporting  to  the  General
Assembly shall be satisfied by filing copies  of  the  report
with  the  Speaker,  the Minority Leader and the Clerk of the
House of Representatives  and  the  President,  the  Minority
Leader  and  the  Secretary of the Senate and the Legislative
Research Unit, as required by  Section  3.1  of  the  General
Assembly  Organization  Act and filing such additional copies
with the State Government Report Distribution Center for  the
General  Assembly  as  is  required  under  paragraph  (t) of
Section 7 of the State Library Act.
(Source: P.A. 86-1210; 87-435; 87-580; 87-614.)

    Section 99.  Effective date.  This Act  takes  effect  on
January 1, 2000.

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