Bill Text: IL HB4231 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2015. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal 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. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-06-30 - Referred to Rules Committee [HB4231 Detail]

Download: Illinois-2015-HB4231-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4231 Introduced , by Rep. Adam Brown SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 140/7.5
720 ILCS 5/9-1 from Ch. 38, par. 9-1
725 ILCS 5/113-3 from Ch. 38, par. 113-3
725 ILCS 5/119-1
725 ILCS 105/10 from Ch. 38, par. 208-10
Amends the Criminal Code of 2012 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2015. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a death sentence is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal 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. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases.
LRB099 12859 RLC 36689 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4231 LRB099 12859 RLC 36689 b
AN ACT concerning criminal law.
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 of 2015.
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. 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.

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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) In a case in which 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
should be submitted ex parte and filed and maintained under
seal in order to protect the defendant's right to effective
assistance of counsel, 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) of this Section,
petitions for compensation shall be reviewed by both the

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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
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

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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 such 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
such 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
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.

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(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
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

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that can be made in light of information received in the case
at that point, and the provider must sign this estimate under
the provisions of 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 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.

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(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
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
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

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lead trial counsel under the provisions of 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 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 the
provisions of 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 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 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

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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 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 and for providing
funding for post-conviction proceedings in capital cases under
Article 122 of the Code of Criminal Procedure of 1963 and in

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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
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 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
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

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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.
(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

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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:
(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

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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).
(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

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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,
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

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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, 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 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

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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
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

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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
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

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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. 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

HB4231 - 19 - LRB099 12859 RLC 36689 b
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
(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

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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
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

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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
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 100. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions Exemptions. To the extent

HB4231 - 22 - LRB099 12859 RLC 36689 b
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
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

HB4231 - 23 - LRB099 12859 RLC 36689 b
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 wireless
carriers under the Wireless Emergency Telephone Safety
Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
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

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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 2015. 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
Act.
(q) Information prohibited from being disclosed by the
Personnel 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

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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 Accountability and
Portability 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 Brian's Law.
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
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

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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.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,
eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
Section 105. The Criminal Code of 2012 is amended by
changing Section 9-1 as follows:

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(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.
(b) Aggravating 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 death if:
(1) Murder of a peace officer, correctional employee,
or fireman in the performance of his or her duties. The the
murdered individual was a peace officer, employee of an
institution or facility of the Department of Corrections,
or any similar local correctional agency, or fireman killed
in the course of performing his official duties, to prevent

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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 so
employed a peace officer or fireman; or
(2) (blank); or 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 officer thereof; or
(3) Multiple murders. The 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

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another; or
(4) (blank); or the murdered individual was killed as a
result of the hijacking of an airplane, train, ship, bus or
other public conveyance; or
(5) (blank); or 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) (blank); or 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
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

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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
(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) (blank); or 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

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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) (blank); or 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) (blank); or the defendant was incarcerated in an
institution 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) (blank); or 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

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unlawful means, and the conduct of the defendant created a
reasonable expectation that the death of a human being
would result therefrom; or
(12) (blank); or 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 personnel; or
(13) (blank); or 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) (blank); or the murder was intentional and
involved the infliction of torture. For the purpose of this

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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) (blank); or 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) (blank); or 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) (blank); or the murdered individual was a disabled
person and the defendant knew or should have known that the
murdered individual was disabled. For purposes of this
paragraph (17), "disabled person" means a person who
suffers from a permanent physical or mental impairment
resulting from disease, an injury, 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) (blank); or 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) (blank); or 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

HB4231 - 34 - LRB099 12859 RLC 36689 b
under the Illinois Domestic Violence Act of 1986; or
(20) the murdered individual committed the murder 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 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 individual was a physician,
physician assistant, psychologist, nurse, or advanced practice
nurse, (ii) the defendant knew or should have known that the
murdered individual was a physician, physician assistant,
psychologist, nurse, or advanced practice 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 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.

HB4231 - 35 - LRB099 12859 RLC 36689 b
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 (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
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.
(d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a

HB4231 - 36 - LRB099 12859 RLC 36689 b
separate sentencing proceeding to determine the existence of
factors set forth in subsection (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
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 (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

HB4231 - 37 - LRB099 12859 RLC 36689 b
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 (b) 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 (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

HB4231 - 38 - LRB099 12859 RLC 36689 b
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 (b) exists, 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 (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

HB4231 - 39 - LRB099 12859 RLC 36689 b
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
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

HB4231 - 40 - LRB099 12859 RLC 36689 b
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
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. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)
Section 110. The Code of Criminal Procedure of 1963 is
amended by changing Sections 113-3 and 119-1 as follows:

HB4231 - 41 - LRB099 12859 RLC 36689 b
(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
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

HB4231 - 42 - LRB099 12859 RLC 36689 b
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

HB4231 - 43 - LRB099 12859 RLC 36689 b
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 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

HB4231 - 44 - LRB099 12859 RLC 36689 b
capital cases apply except when the compensation and expenses
are being provided under the Capital Crimes Litigation Act of
2015.
(Source: P.A. 91-589, eff. 1-1-00.)
(725 ILCS 5/119-1)
Sec. 119-1. Death penalty restored abolished.
(a) (Blank). 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.
(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 Death Penalty Abolition Fund on the
effective date of this amendatory Act of the 99th General
Assembly shall be transferred into the Capital Litigation Trust
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.
(Source: P.A. 96-1543, eff. 7-1-11.)
Section 115. The State Appellate Defender Act is amended by
changing Section 10 as follows:

HB4231 - 45 - LRB099 12859 RLC 36689 b
(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) hire investigators to provide investigative
services to appointed counsel and county public defenders;
(5) (blank); (Blank.)

HB4231 - 46 - LRB099 12859 RLC 36689 b
(5.1) in cases in which a death sentence is an
authorized disposition, provide trial counsel with legal
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
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,

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utilizing resources including the State and local bar
associations, the Illinois Public Defender Association,
law schools, the Midwest Juvenile Defender Center, and pro
bono efforts by law firms; and (iv) make an annual report
to the General Assembly.
Investigators employed by the Capital Trial Assistance
Unit and Capital Post Conviction Unit of the State Appellate
Defender shall be authorized to inquire through the Illinois
State Police or local law enforcement with the Law Enforcement
Agencies Data System (LEADS) under Section 2605-375 of the
Civil Administrative Code of Illinois to ascertain whether
their potential witnesses have a criminal background,
including: (i) warrants; (ii) arrests; (iii) convictions; and
(iv) officer safety information. This authorization applies
only to information held on the State level and shall be used
only to protect the personal safety of the investigators. Any
information that is obtained through this inquiry may not be
disclosed by the investigators.
(c-5) For each State fiscal year, the State Appellate
Defender shall request a direct appropriation from the Capital
Litigation Trust Fund for expenses incurred by the State
Appellate Defender in providing assistance to trial attorneys
under item (c)(5.1) of this Section 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

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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. 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.
(d) (Blank.).
(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. 96-1148, eff. 7-21-10; 97-1003, eff. 8-17-12;
revised 12-10-14.)