Bill Amendment: IL SB0903 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIMINAL LAW-TECH

Status: 2021-01-13 - Session Sine Die [SB0903 Detail]

Download: Illinois-2019-SB0903-Senate_Amendment_001.html

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Sen. Chapin Rose

Filed: 4/5/2019

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AMENDMENT TO SENATE BILL 903
AMENDMENT NO. ______. Amend Senate Bill 903 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Capital Crimes Litigation Act of 2019.
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 any 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 the attorney or

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attorneys who are public defenders to represent the defendant.
The counsel shall meet the qualifications as the Supreme Court
shall by rule provide. At the request of court-appointed
counsel in a case in which the death penalty is sought,
attorneys employed by the State Appellate Defender may enter an
appearance for the limited purpose of assisting counsel
appointed under this Section.
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.
(a-5) Litigation budget.
(1) If the State has filed a statement of intent to
seek the death penalty, the court shall require appointed
counsel, including those appointed in Cook County, after
counsel has had adequate time to review the case and prior
to engaging trial assistance, to submit a proposed
estimated litigation budget for court approval, that will
be subject to modification in light of facts and
developments that emerge as the case proceeds. Case budgets

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should be submitted ex parte and filed and maintained under
seal in order to protect the defendant's right to effective
assistance of counsel, the defendant's right not to
incriminate him or herself, and all applicable privileges.
Case budgets shall be reviewed and approved by the judge
assigned to try the case. As provided under subsection (c),
petitions for compensation shall be reviewed by both the
trial judge and the presiding judge or the presiding
judge's designee.
(2) The litigation budget shall serve purposes
comparable to those of private retainer agreements by
confirming both the court's and the attorney's
expectations regarding fees and expenses. Consideration
should be given to employing an ex parte pretrial
conference in order to facilitate reaching agreement on a
litigation budget at the earliest opportunity.
(3) The budget shall be incorporated into a sealed
initial pretrial order that reflects the understandings of
the court and counsel regarding all matters affecting
counsel compensation and reimbursement and payments for
investigative, expert, and other services, including, but
not limited to, the following matters:
(A) the hourly rate at which counsel will be
compensated;
(B) the hourly rate at which private
investigators, other than investigators employed by

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the Office of the State Appellate Defender, will be
compensated; and
(C) the best preliminary estimate that can be made
of the cost of all services, including, but not limited
to, counsel, expert, and investigative services that
are likely to be needed through the guilt and penalty
phases of the trial. The court shall have discretion to
require that budgets be prepared for shorter intervals
of time.
(4) Appointed counsel may obtain, subject to later
review, investigative, expert, or other services without
prior authorization if necessary for an adequate defense.
If the services are obtained, the presiding judge or the
presiding judge's designee shall consider in an ex parte
proceeding that timely procurement of necessary services
could not await prior authorization. If an ex parte hearing
is requested by defense counsel or deemed necessary by the
trial judge prior to modifying a budget, the ex parte
hearing shall be before the presiding judge or the
presiding judge's designee. The judge may then authorize
the services nunc pro tunc. If the presiding judge or the
presiding judge's designee finds that the services were not
reasonable, payment may be denied.
(5) An approved budget shall guide counsel's use of
time and resources by indicating the services for which
compensation is authorized. The case budget shall be

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re-evaluated when justified by changed or unexpected
circumstances and shall be modified by the court when
reasonable and necessary for an adequate defense. If an ex
parte hearing is requested by defense counsel or deemed
necessary by the trial judge prior to modifying a budget,
the ex parte hearing shall be before the presiding judge or
the presiding judge's designee.
(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. The court shall not authorize payment of bills
that are not properly itemized. A request for payment shall be
presented under seal and reviewed ex parte with a court
reporter present. 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

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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. Each provider of
proposed services must specify the best preliminary estimate
that can be made in light of information received in the case
at that point, and the provider must sign this estimate under
Section 1-109 of the Code of Civil Procedure. A provider of
proposed services must also specify: (1) his or her hourly
rate; (2) the hourly rate of anyone else in his or her employ
for whom reimbursement is sought; and (3) the hourly rate of
any person or entity that may be subcontracted to perform these
services. Counsel may not petition for certification of
expenses that may have been provided or compensated by the
State Appellate Defender under item (c)(5.1) of Section 10 of
the State Appellate Defender Act. The petitions shall be filed
under seal and considered ex parte but with a court reporter
present for all ex parte conferences. If the requests are
submitted after services have been rendered, the requests shall
be supported by an invoice describing the services rendered,
the dates the services were performed and the amount of time
spent. These petitions shall be reviewed by both the trial
judge and the presiding judge of the circuit court or the
presiding judge's designee. The petitions and orders shall be

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kept under seal and shall be exempt from Freedom of Information
requests until the conclusion of the trial, even if the
prosecution chooses not to pursue the death penalty prior to
trial or sentencing. If an ex parte hearing is requested by
defense counsel or deemed necessary by the trial judge, the
hearing shall be before the presiding judge or the presiding
judge's designee.
(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.
The petitions shall be supported by itemized bills showing the
date, the amount of time spent, the work done, and the total
being charged for each entry. The court shall not authorize
payment of bills that are not properly itemized. The court must
certify reasonable and necessary expenses of the petitioner for
travel and per diem (lodging, meals, and incidental expenses).
These expenses must be paid at the rate as promulgated by the
United States General Services Administration for these
expenses for the date and location in which they were incurred,
unless extraordinary reasons are shown for the difference. The
petitions shall be filed under seal and considered ex parte but
with a court reporter present for all ex parte conferences. The
petitions shall be reviewed by both the trial judge and the
presiding judge of the circuit court or the presiding judge's
designee. If an ex parte hearing is requested by defense
counsel or deemed necessary by the trial judge, the ex parte

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hearing shall be before the presiding judge or the presiding
judge's designee. If the court determines that the compensation
and expenses should be paid from the Capital Litigation Trust
and Death Penalty Abolition 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. The form must also
be signed by lead trial counsel under Section 1-109 of the Code
of Civil Procedure verifying that the amount requested is
reasonable, necessary, and appropriate. Bills submitted for
payment by any individual or entity seeking payment from the
Capital Litigation Trust and Death Penalty Abolition Fund must
also be accompanied by a form created by the State Treasurer
and signed by the individual or responsible agent of the entity
under Section 1-109 of the Code of Civil Procedure that the
amount requested is accurate and truthful and reflects time
spent or expenses incurred. 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 must be
paid by the State Treasurer directly from the Capital
Litigation Trust and Death Penalty Abolition Fund if there are
sufficient moneys in the Trust Fund to pay the compensation and
expenses. If the State Treasurer finds within 14 days of his or
her receipt of a certification that the compensation and
expenses to be paid are unreasonable, unnecessary, or
inappropriate, he or she may return the certification to the

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court setting forth in detail the objection or objections with
a request for the court to review the objection or objections
before resubmitting the certification. The State Treasurer
must send the claimant a copy of the objection or objections.
The State Treasurer may only seek a review of a specific
objection once. The claimant has 7 days from his or her receipt
of the objections to file a response with the court. With or
without further hearing, the court must promptly rule on the
objections. The petitions and orders shall be kept under seal
and shall be exempt from Freedom of Information requests until
the conclusion of the trial and appeal of the case, even if the
prosecution chooses not to pursue the death penalty prior to
trial or sentencing. 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 and Death Penalty Abolition Fund.
Section 15. Capital Litigation Trust and Death Penalty
Abolition Fund.
(a) The Capital Litigation Trust and Death Penalty
Abolition 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

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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 and for providing
funding for post-conviction proceedings in capital cases under
Article 122 of the Code of Criminal Procedure of 1963 and in
relation to petitions filed under Section 2-1401 of the Code of
Civil Procedure in relation to 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
and Death Penalty Abolition 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 and Death Penalty Abolition Fund for the
specific purpose of making funding available for the
prosecution and defense of capital cases and for the litigation
expenses associated with post-conviction proceedings in
capital cases under Article 122 of the Code of Criminal
Procedure of 1963 and in relation to petitions filed under
Section 2-1401 of the Code of Civil Procedure in relation to

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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)(5.1) of Section 10 of the
State Appellate Defender Act and for expenses incurred by
the State Appellate Defender in representing petitioners
in capital cases in post-conviction proceedings under
Article 122 of the Code of Criminal Procedure of 1963 and
in relation to petitions filed under Section 2-1401 of the
Code of Civil Procedure in relation to capital cases and
for the representation of those petitioners by attorneys
approved by or contracted with the State Appellate Defender
and an appropriation to the State Treasurer for payments
from the Trust Fund for the defense of cases in counties
other than Cook County.

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(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 and to pay for expenses
incurred by the Attorney General when the Attorney General
is ordered by the presiding judge of the Criminal Division
of the Circuit Court of Cook County to prosecute or
supervise the prosecution of Cook County cases and for
expenses incurred by the Attorney General in representing
the State in post-conviction proceedings in capital cases
under Article 122 of the Code of Criminal Procedure of 1963
and in relation to petitions filed under Section 2-1401 of
the Code of Civil Procedure in relation to 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 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:

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(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 and post-conviction proceedings in capital cases
under Article 122 of the Code of Criminal Procedure of 1963
and in relation to petitions filed under Section 2-1401 of
the Code of Civil Procedure in relation to capital cases
including, but not limited to, DNA testing, including DNA
testing under Section 116-3 of the Code of Criminal
Procedure of 1963, analysis, and expert testimony,
investigatory and other assistance, expert, forensic, and
other witnesses, and mitigation specialists, and grants
and aid provided to public defenders, appellate defenders,
and any attorney approved by or contracted with the State
Appellate Defender representing petitioners in
post-conviction proceedings in capital cases under Article
122 of the Code of Criminal Procedure of 1963 and in
relation to petitions filed under Section 2-1401 of the
Code of Civil Procedure in relation to capital cases or
assistance to attorneys who have been appointed by the
court to represent defendants who are charged with capital
crimes. Reasonable and necessary capital litigation
expenses include travel and per diem (lodging, meals, and
incidental expenses).

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(3) To pay the compensation of trial attorneys, other
than public defenders or appellate defenders, who have been
appointed by the court to represent defendants who are
charged with capital crimes or attorneys approved by or
contracted with the State Appellate Defender to represent
petitioners in post-conviction proceedings in capital
cases under Article 122 of the Code of Criminal Procedure
of 1963 and in relation to petitions filed under Section
2-1401 of the Code of Civil Procedure in relation to
capital cases.
(4) To provide State's Attorneys with funding for
capital litigation expenses and for expenses of
representing the State in post-conviction proceedings in
capital cases under Article 122 of the Code of Criminal
Procedure of 1963 and in relation to petitions filed under
Section 2-1401 of the Code of Civil Procedure in relation
to capital cases 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 and for
expenses of representing the State in post-conviction
proceedings in capital cases under Article 122 of the Code
of Criminal Procedure of 1963 and in relation to petitions
filed under Section 2-1401 of the Code of Civil Procedure
in relation to capital cases including, but not limited to,

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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
and Death Penalty Abolition Fund if there are sufficient
moneys in the Trust Fund to pay the expenses.
(5) To provide financial support through the Attorney
General under 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, except when the Attorney General is
ordered by the presiding judge of the Criminal Division of
the Circuit Court of Cook County to prosecute or supervise
the prosecution of Cook County cases.
(6) To provide financial support through the State's
Attorneys Appellate Prosecutor under 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

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Defender under 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 and attorneys approved by or contracted with
the State Appellate Defender to represent petitioners in
post-conviction proceedings in capital cases under Article 122
of the Code of Criminal Procedure of 1963 and in relation to
petitions filed under Section 2-1401 of the Code of Civil
Procedure in relation to capital cases 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 and when the Attorney General is ordered by the
presiding judge of the Criminal Division of the Circuit Court
of Cook County to prosecute or supervise the prosecution of
Cook County cases. 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, the State

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Appellate Defender, the Attorney General, the Office of the
State's Attorneys Appellate Prosecutor, and State's Attorneys
in counties other than Cook County; (iii) to pay the expenses
and compensation of appointed defense counsel and attorneys
approved by or contracted with the State Appellate Defender to
represent petitioners in post-conviction proceedings in
capital cases under Article 122 of the Code of Criminal
Procedure of 1963 and in relation to petitions filed under
Section 2-1401 of the Code of Civil Procedure in relation to
capital cases 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

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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

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pay the court-appointed counsel's reasonable and necessary
compensation and capital litigation expenses from grant moneys
provided from the Trust Fund. The petitions shall be supported
by itemized bills showing the date, the amount of time spent,
the work done, and the total being charged for each entry. The
court shall not authorize payment of bills that are not
properly itemized. The petitions shall be filed under seal and
considered ex parte but with a court reporter present for all
ex parte conferences. The petitions shall be reviewed by both
the trial judge and the presiding judge of the circuit court or
the presiding judge's designee. The petitions and orders shall
be kept under seal and shall be exempt from Freedom of
Information requests until the conclusion of the trial and
appeal of the case, even if the prosecution chooses not to
pursue the death penalty prior to trial or sentencing. 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)(5.1) of Section 10 of the State Appellate Defender
Act.
(i) In counties other than Cook County, and when the
Attorney General is ordered by the presiding judge of the
Criminal Division of the Circuit Court of Cook County to
prosecute or supervise the prosecution of Cook County cases,
and excluding capital litigation expenses or services that may
have been provided by the State Appellate Defender under item

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(c)(5.1) 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 and the State
Appellate Defender from the money appropriated to the
Treasurer for capital litigation expenses of Public
Defenders and post-conviction proceeding expenses in
capital cases of the State Appellate Defender and expenses
in relation to petitions filed under Section 2-1401 of the
Code of Civil Procedure in relation to capital cases 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. If a petitioner in a capital
case who has filed a petition for post-conviction relief
under Article 122 of the Code of Criminal Procedure of 1963
or a petition under Section 2-1401 of the Code of Civil

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Procedure in relation to capital cases is represented by an
attorney approved by or contracted with the State Appellate
Defender other than the State Appellate Defender, that
attorney shall petition the court to certify compensation
and litigation expenses of post-conviction proceedings
under Article 122 of the Code of Criminal Procedure of 1963
or in relation to petitions filed under Section 2-1401 of
the Code of Civil Procedure in relation to capital cases.
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 or
post-conviction proceeding expenses or expenses incurred
in filing a petition under Section 2-1401 of the Code of
Civil Procedure in relation to capital cases under this
subsection shall be considered under seal and reviewed ex
parte with a court reporter present. 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

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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 90. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible

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disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law

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enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act of 2019. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety

10100SB0903sam001 - 25 - LRB101 06313 SLF 59362 a
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under

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the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.

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(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day and
temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day

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and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) (ll) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) (ll) Information that is exempt from disclosure
under Section 70 of the Higher Education Student Assistance
Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
10-12-18.)
Section 95. The State Finance Act is amended by changing
Section 5.790 as follows:
(30 ILCS 105/5.790)
Sec. 5.790. The Capital Litigation Trust and Death Penalty
Abolition Fund.

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(Source: P.A. 96-1543, eff. 7-1-11; 97-813, eff. 7-13-12.)
(30 ILCS 105/5.518 rep.)
Section 100. The State Finance Act is amended by repealing
Section 5.518.
Section 105. The Counties Code is amended by changing
Sections 3-4006.1 and 3-9005 as follows:
(55 ILCS 5/3-4006.1)
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 and
Death Penalty Abolition 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.
(Source: P.A. 91-589, eff. 1-1-00.)
(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,

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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

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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

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and binding.
(13) To notify, by first-class mail, the State
Superintendent of Education, the applicable regional
superintendent of schools, and the superintendent of the
employing school district or the chief school
administrator of the employing nonpublic school, if any,
upon the conviction of any individual known to possess a
certificate or license issued pursuant to Article 21 or
21B, respectively, of the School Code of any offense set
forth in Section 21B-80 of the School Code or any other
felony conviction, providing the name of the certificate
holder, the fact of the conviction, and the name and
location of the court where the conviction occurred. The
certificate holder must also be contemporaneously sent a
copy of the notice.
(b) The State's Attorney of each county shall have
authority to appoint one or more special investigators to serve
subpoenas and summonses, make return of process, and conduct
investigations which assist the State's Attorney in the
performance of his duties. In counties of the first and second
class, the fees for service of subpoenas and summonses are
allowed by this Section and shall be consistent with those set
forth in Section 4-5001 of this Act, except when increased by
county ordinance as provided for in Section 4-5001. In counties
of the third class, the fees for service of subpoenas and
summonses are allowed by this Section and shall be consistent

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with those set forth in Section 4-12001 of this Act. 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

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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 and Death Penalty Abolition Fund to the State Treasurer

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for the purpose of providing assistance in the prosecution of
capital cases in Cook County and for the purpose of providing
assistance to the State in post-conviction proceedings in
capital cases under Article 122 of the Code of Criminal
Procedure of 1963 and in relation to petitions filed under
Section 2-1401 of the Code of Civil Procedure in relation to
capital cases. 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.
(e) The State's Attorney shall have the authority to enter
into a written agreement with the Department of Revenue for
pursuit of civil liability under subsection (E) of Section 17-1
of the Criminal Code of 2012 against persons who have issued to
the Department checks or other orders in violation of the
provisions of paragraph (1) of subsection (B) of Section 17-1
of the Criminal Code of 2012, with the Department to retain the
amount owing upon the dishonored check or order along with the
dishonored check fee imposed under the Uniform Penalty and
Interest Act, with the balance of damages, fees, and costs
collected under subsection (E) of Section 17-1 of the Criminal
Code of 2012 or under Section 17-1a of that Code to be retained
by the State's Attorney. The agreement shall not affect the
allocation of fines and costs imposed in any criminal
prosecution.
(Source: P.A. 99-169, eff. 7-28-15; 99-642, eff. 7-28-16.)

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Section 110. The Criminal Code of 2012 is amended by
changing Section 9-1 as follows:
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree murder; death penalties;
exceptions; separate hearings; proof; findings; appellate
procedures; reversals.
(a) A person who kills an individual without lawful
justification commits first degree murder if, in performing the
acts which cause the death:
(1) he either intends to kill or do great bodily harm
to that individual or another, or knows that such acts will
cause death to that individual or another; or
(2) he knows that such acts create a strong probability
of death or great bodily harm to that individual or
another; or
(3) he is attempting or committing a forcible felony
other than second degree murder.
(a-5) Aggravating factors; death. A defendant who at the
time of the commission of the offense has attained the age of
18 or more and who has been found guilty of first degree murder
may be sentenced to death if:
(1) the defendant has been convicted of murdering 2 or
more individuals by use of a firearm under subsection (a)
of this Section and the deaths occurred as the result of

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the same act; or
(2) the defendant has been convicted of murdering an
individual by use of a firearm under subsection (a) of this
Section and one or more other individuals suffered bodily
injury during the commission of the murder.
(b) Aggravating factors; natural life imprisonment
Factors. A defendant who at the time of the commission of the
offense has attained the age of 18 or more and who has been
found guilty of first degree murder may be sentenced to natural
life imprisonment death if:
(1) the murdered individual was a peace officer or
fireman killed in the course of performing his official
duties, to prevent the performance of his official duties,
or in retaliation for performing his official duties, and
the defendant knew or should have known that the murdered
individual was a peace officer or fireman; or
(2) the murdered individual was an employee of an
institution or facility of the Department of Corrections,
or any similar local correctional agency, killed in the
course of performing his official duties, to prevent the
performance of his official duties, or in retaliation for
performing his official duties, or the murdered individual
was an inmate at such institution or facility and was
killed on the grounds thereof, or the murdered individual
was otherwise present in such institution or facility with
the knowledge and approval of the chief administrative

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officer thereof; or
(3) the defendant has been convicted of murdering two
or more individuals under subsection (a) of this Section or
under any law of the United States or of any state which is
substantially similar to subsection (a) of this Section
regardless of whether the deaths occurred as the result of
the same act or of several related or unrelated acts so
long as the deaths were the result of either an intent to
kill more than one person or of separate acts which the
defendant knew would cause death or create a strong
probability of death or great bodily harm to the murdered
individual or another; or
(4) the murdered individual was killed as a result of
the hijacking of an airplane, train, ship, bus or other
public conveyance; or
(5) the defendant committed the murder pursuant to a
contract, agreement or understanding by which he was to
receive money or anything of value in return for committing
the murder or procured another to commit the murder for
money or anything of value; or
(6) the murdered individual was killed in the course of
another felony if:
(a) the murdered individual:
(i) was actually killed by the defendant, or
(ii) received physical injuries personally
inflicted by the defendant substantially

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contemporaneously with physical injuries caused by
one or more persons for whose conduct the defendant
is legally accountable under Section 5-2 of this
Code, and the physical injuries inflicted by
either the defendant or the other person or persons
for whose conduct he is legally accountable caused
the death of the murdered individual; and
(b) in performing the acts which caused the death
of the murdered individual or which resulted in
physical injuries personally inflicted by the
defendant on the murdered individual under the
circumstances of subdivision (ii) of subparagraph (a)
of paragraph (6) of subsection (b) of this Section, the
defendant acted with the intent to kill the murdered
individual or with the knowledge that his acts created
a strong probability of death or great bodily harm to
the murdered individual or another; and
(c) the other felony was an inherently violent
crime or the attempt to commit an inherently violent
crime. In this subparagraph (c), "inherently violent
crime" includes, but is not limited to, armed robbery,
robbery, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, aggravated
kidnapping, aggravated vehicular hijacking, aggravated
arson, aggravated stalking, residential burglary, and
home invasion; or

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(7) the murdered individual was under 12 years of age
and the death resulted from exceptionally brutal or heinous
behavior indicative of wanton cruelty; or
(8) the defendant committed the murder with intent to
prevent the murdered individual from testifying or
participating in any criminal investigation or prosecution
or giving material assistance to the State in any
investigation or prosecution, either against the defendant
or another; or the defendant committed the murder because
the murdered individual was a witness in any prosecution or
gave material assistance to the State in any investigation
or prosecution, either against the defendant or another;
for purposes of this paragraph (8), "participating in any
criminal investigation or prosecution" is intended to
include those appearing in the proceedings in any capacity
such as trial judges, prosecutors, defense attorneys,
investigators, witnesses, or jurors; or
(9) the defendant, while committing an offense
punishable under Sections 401, 401.1, 401.2, 405, 405.2,
407 or 407.1 or subsection (b) of Section 404 of the
Illinois Controlled Substances Act, or while engaged in a
conspiracy or solicitation to commit such offense,
intentionally killed an individual or counseled,
commanded, induced, procured or caused the intentional
killing of the murdered individual; or
(10) the defendant was incarcerated in an institution

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or facility of the Department of Corrections at the time of
the murder, and while committing an offense punishable as a
felony under Illinois law, or while engaged in a conspiracy
or solicitation to commit such offense, intentionally
killed an individual or counseled, commanded, induced,
procured or caused the intentional killing of the murdered
individual; or
(11) the murder was committed in a cold, calculated and
premeditated manner pursuant to a preconceived plan,
scheme or design to take a human life by unlawful means,
and the conduct of the defendant created a reasonable
expectation that the death of a human being would result
therefrom; or
(12) the murdered individual was an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel, employed by a municipality or other
governmental unit, killed in the course of performing his
official duties, to prevent the performance of his official
duties, or in retaliation for performing his official
duties, and the defendant knew or should have known that
the murdered individual was an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid

10100SB0903sam001 - 42 - LRB101 06313 SLF 59362 a
personnel; or
(13) the defendant was a principal administrator,
organizer, or leader of a calculated criminal drug
conspiracy consisting of a hierarchical position of
authority superior to that of all other members of the
conspiracy, and the defendant counseled, commanded,
induced, procured, or caused the intentional killing of the
murdered person; or
(14) the murder was intentional and involved the
infliction of torture. For the purpose of this Section
torture means the infliction of or subjection to extreme
physical pain, motivated by an intent to increase or
prolong the pain, suffering or agony of the victim; or
(15) the murder was committed as a result of the
intentional discharge of a firearm by the defendant from a
motor vehicle and the victim was not present within the
motor vehicle; or
(16) the murdered individual was 60 years of age or
older and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(17) the murdered individual was a person with a
disability and the defendant knew or should have known that
the murdered individual was a person with a disability. For
purposes of this paragraph (17), "person with a disability"
means a person who suffers from a permanent physical or
mental impairment resulting from disease, an injury, a

10100SB0903sam001 - 43 - LRB101 06313 SLF 59362 a
functional disorder, or a congenital condition that
renders the person incapable of adequately providing for
his or her own health or personal care; or
(18) the murder was committed by reason of any person's
activity as a community policing volunteer or to prevent
any person from engaging in activity as a community
policing volunteer; or
(19) the murdered individual was subject to an order of
protection and the murder was committed by a person against
whom the same order of protection was issued under the
Illinois Domestic Violence Act of 1986; or
(20) the murdered individual was known by the defendant
to be a teacher or other person employed in any school and
the teacher or other employee is upon the grounds of a
school or grounds adjacent to a school, or is in any part
of a building used for school purposes; or
(21) the murder was committed by the defendant in
connection with or as a result of the offense of terrorism
as defined in Section 29D-14.9 of this Code.
(b-5) Aggravating factors; natural life imprisonment;
physician, physician assistant, psychologist, nurse, or
advanced practice registered nurse Factor; Natural Life
Imprisonment. A defendant who has been found guilty of first
degree murder and who at the time of the commission of the
offense had attained the age of 18 years or more may be
sentenced to natural life imprisonment if (i) the murdered

10100SB0903sam001 - 44 - LRB101 06313 SLF 59362 a
individual was a physician, physician assistant, psychologist,
nurse, or advanced practice registered nurse, (ii) the
defendant knew or should have known that the murdered
individual was a physician, physician assistant, psychologist,
nurse, or advanced practice registered nurse, and (iii) the
murdered individual was killed in the course of acting in his
or her capacity as a physician, physician assistant,
psychologist, nurse, or advanced practice registered nurse, or
to prevent him or her from acting in that capacity, or in
retaliation for his or her acting in that capacity.
(c) Consideration of factors in Aggravation and
Mitigation.
The court shall consider, or shall instruct the jury to
consider any aggravating and any mitigating factors which are
relevant to the imposition of the death penalty. Aggravating
factors may include but need not be limited to those factors
set forth in subsection (a-5) (b). Mitigating factors may
include but need not be limited to the following:
(1) the defendant has no significant history of prior
criminal activity;
(2) the murder was committed while the defendant was
under the influence of extreme mental or emotional
disturbance, although not such as to constitute a defense
to prosecution;
(3) the murdered individual was a participant in the
defendant's homicidal conduct or consented to the

10100SB0903sam001 - 45 - LRB101 06313 SLF 59362 a
homicidal act;
(4) the defendant acted under the compulsion of threat
or menace of the imminent infliction of death or great
bodily harm;
(5) the defendant was not personally present during
commission of the act or acts causing death;
(6) the defendant's background includes a history of
extreme emotional or physical abuse;
(7) the defendant suffers from a reduced mental
capacity.
Provided, however, that an action that does not otherwise
mitigate first degree murder cannot qualify as a mitigating
factor for first degree murder because of the discovery,
knowledge, or disclosure of the victim's sexual orientation as
defined in Section 1-103 of the Illinois Human Rights Act.
(d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a
separate sentencing proceeding to determine the existence of
factors set forth in subsection (a-5) (b) and to consider any
aggravating or mitigating factors as indicated in subsection
(c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's
guilt; or
(2) before a jury impanelled for the purpose of the
proceeding if:
A. the defendant was convicted upon a plea of

10100SB0903sam001 - 46 - LRB101 06313 SLF 59362 a
guilty; or
B. the defendant was convicted after a trial before
the court sitting without a jury; or
C. the court for good cause shown discharges the
jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives a
jury for the separate proceeding.
(e) Evidence and Argument.
During the proceeding any information relevant to any of
the factors set forth in subsection (a-5) (b) may be presented
by either the State or the defendant under the rules governing
the admission of evidence at criminal trials. Any information
relevant to any additional aggravating factors or any
mitigating factors indicated in subsection (c) may be presented
by the State or defendant regardless of its admissibility under
the rules governing the admission of evidence at criminal
trials. The State and the defendant shall be given fair
opportunity to rebut any information received at the hearing.
(f) Proof.
The burden of proof of establishing the existence of any of
the factors set forth in subsection (b) is on the State and
shall not be satisfied unless established beyond a reasonable
doubt.
(g) Procedure - Jury.
If at the separate sentencing proceeding the jury finds
that none of the factors set forth in subsection (a-5) (b)

10100SB0903sam001 - 47 - LRB101 06313 SLF 59362 a
exists, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections. If there is a unanimous finding by the jury that
one or more of the factors set forth in subsection (a-5) (b)
exist, the jury shall consider aggravating and mitigating
factors as instructed by the court and shall determine whether
the sentence of death shall be imposed. If the jury determines
unanimously, after weighing the factors in aggravation and
mitigation, that death is the appropriate sentence, the court
shall sentence the defendant to death. If the court does not
concur with the jury determination that death is the
appropriate sentence, the court shall set forth reasons in
writing including what facts or circumstances the court relied
upon, along with any relevant documents, that compelled the
court to non-concur with the sentence. This document and any
attachments shall be part of the record for appellate review.
The court shall be bound by the jury's sentencing
determination.
If after weighing the factors in aggravation and
mitigation, one or more jurors determines that death is not the
appropriate sentence, the court shall sentence the defendant to
a term of imprisonment under Chapter V of the Unified Code of
Corrections.
(h) Procedure - No Jury.
In a proceeding before the court alone, if the court finds
that none of the factors found in subsection (a-5) (b) exists,

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the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
If the Court determines that one or more of the factors set
forth in subsection (a-5) (b) exists, the Court shall consider
any aggravating and mitigating factors as indicated in
subsection (c). If the Court determines, after weighing the
factors in aggravation and mitigation, that death is the
appropriate sentence, the Court shall sentence the defendant to
death.
If the court finds that death is not the appropriate
sentence, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
(h-5) Decertification as a capital case.
In a case in which the defendant has been found guilty of
first degree murder by a judge or jury, or a case on remand for
resentencing, and the State seeks the death penalty as an
appropriate sentence, on the court's own motion or the written
motion of the defendant, the court may decertify the case as a
death penalty case if the court finds that the only evidence
supporting the defendant's conviction is the uncorroborated
testimony of an informant witness, as defined in Section 115-21
of the Code of Criminal Procedure of 1963, concerning the
confession or admission of the defendant or that the sole
evidence against the defendant is a single eyewitness or single

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accomplice without any other corroborating evidence. If the
court decertifies the case as a capital case under either of
the grounds set forth above, the court shall issue a written
finding. The State may pursue its right to appeal the
decertification pursuant to Supreme Court Rule 604(a)(1). If
the court does not decertify the case as a capital case, the
matter shall proceed to the eligibility phase of the sentencing
hearing.
(i) Appellate Procedure.
The conviction and sentence of death shall be subject to
automatic review by the Supreme Court. Such review shall be in
accordance with rules promulgated by the Supreme Court. The
Illinois Supreme Court may overturn the death sentence, and
order the imposition of imprisonment under Chapter V of the
Unified Code of Corrections if the court finds that the death
sentence is fundamentally unjust as applied to the particular
case. If the Illinois Supreme Court finds that the death
sentence is fundamentally unjust as applied to the particular
case, independent of any procedural grounds for relief, the
Illinois Supreme Court shall issue a written opinion explaining
this finding.
(j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held to
be unconstitutional by the Supreme Court of the United States
or of the State of Illinois, any person convicted of first
degree murder shall be sentenced by the court to a term of

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imprisonment under Chapter V of the Unified Code of
Corrections.
In the event that any death sentence pursuant to the
sentencing provisions of this Section is declared
unconstitutional by the Supreme Court of the United States or
of the State of Illinois, the court having jurisdiction over a
person previously sentenced to death shall cause the defendant
to be brought before the court, and the court shall sentence
the defendant to a term of imprisonment under Chapter V of the
Unified Code of Corrections.
(k) Guidelines for seeking the death penalty.
The Attorney General and State's Attorneys Association
shall consult on voluntary guidelines for procedures governing
whether or not to seek the death penalty. The guidelines do not
have the force of law and are only advisory in nature.
(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18;
100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
Section 115. The Code of Criminal Procedure of 1963 is
amended by changing Sections 113-3 and 119-1 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

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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
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

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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

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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 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 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 of
2019.
(Source: P.A. 91-589, eff. 1-1-00.)
(725 ILCS 5/119-1)

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Sec. 119-1. Death penalty abolished.
(a) Beginning on the effective date of this amendatory Act
of the 96th General Assembly, notwithstanding any other law to
the contrary, the death penalty is abolished and a sentence to
death may not be imposed.
(a-5) Notwithstanding subsection (a), beginning on the
effective date of this amendatory Act of the 101st General
Assembly, the death penalty may be imposed as provided in
subsection (a-5) of Section 9-1 of the Criminal Code of 2012.
(b) All unobligated and unexpended moneys remaining in the
Capital Litigation Trust Fund on the effective date of this
amendatory Act of the 96th General Assembly shall be
transferred into the Capital Litigation Trust and Death Penalty
Abolition Fund, a special fund in the State treasury, to be
expended by the Illinois Criminal Justice Information
Authority, for services for families of victims of homicide or
murder and for training of law enforcement personnel and for
expenses authorized by the Capital Crimes Litigation Act of
2019.
(Source: P.A. 96-1543, eff. 7-1-11.)
Section 120. 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.

10100SB0903sam001 - 55 - LRB101 06313 SLF 59362 a
(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) hire investigators to provide investigative
services to appointed counsel and county public defenders;
(5) (blank);
(5.1) in cases in which a death sentence is an
authorized disposition, provide trial counsel with legal

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assistance and 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 the
State Appellate Defender shall not be appointed to serve as
trial counsel in capital cases;
(5.5) provide training to county public defenders;
(5.7) provide county public defenders with the
assistance of expert witnesses and investigators from
funds appropriated to the State Appellate Defender
specifically for that purpose by the General Assembly. The
Office of the State Appellate Defender shall not be
appointed to act as trial counsel;
(6) develop a Juvenile Defender Resource Center to: (i)
study, design, develop, and implement model systems for the
delivery of trial level defender services for juveniles in
the justice system; (ii) in cases in which a sentence of
incarceration or an adult sentence, or both, is an
authorized disposition, provide trial counsel with legal
advice and the assistance of expert witnesses and
investigators from funds appropriated to the Office of the
State Appellate Defender by the General Assembly
specifically for that purpose; (iii) develop and provide
training to public defenders on juvenile justice issues,
utilizing resources including the State and local bar
associations, the Illinois Public Defender Association,

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law schools, the Midwest Juvenile Defender Center, and pro
bono efforts by law firms; and (iv) make an annual report
to the General Assembly.
(d) (Blank).
(e) The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report 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. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)".