Bill Text: IL HB4637 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Capital Crimes Litigation Act of 2022. Provides that 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. Creates the Capital Litigation Trust Fund. Provides that 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. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Criminal Code of 2012. Provides that 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 murdered individual was a peace officer, firefighter, community policing volunteer, private security officer, correctional institution employee, a person performing duties related to the Adult Protective Services Act or ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons, or a Department of Children and Family Services employee who was killed: (i) in the course of performing his or her official duties; (ii) to prevent the performance of his or her official duties; or (iii) in retaliation for performing his or her official duties; and (2) the defendant knew or should have known the murdered individual's status. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2022-02-10 - Added Co-Sponsor Rep. Daniel Swanson [HB4637 Detail]

Download: Illinois-2021-HB4637-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4637 Introduced , by Rep. Tony McCombie SYNOPSIS AS INTRODUCED:
See Index
Creates the Capital Crimes Litigation Act of 2022. Provides that 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. Creates the Capital Litigation Trust Fund. Provides that 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. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Criminal Code of 2012. Provides that 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 murdered individual was a peace officer, firefighter, community policing volunteer, private security officer, correctional institution employee, a person performing duties related to the Adult Protective Services Act or ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons, or a Department of Children and Family Services employee who was killed: (i) in the course of performing his or her official duties; (ii) to prevent the performance of his or her official duties; or (iii) in retaliation for performing his or her official duties; and (2) the defendant knew or should have known the murdered individual's status. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes.
LRB102 24415 RLC 33649 b
A BILL FOR
HB4637 LRB102 24415 RLC 33649 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 2022.
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 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

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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
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

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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
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.

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The form must also be signed by 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

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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 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

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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
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

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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.
(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

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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:
(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

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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).
(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

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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, 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

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of the certification to the State Treasurer, the Treasurer
shall pay the expenses directly from the Capital
Litigation Trust Fund if there are sufficient moneys in
the Trust Fund to pay the expenses.
(5) To provide financial support through the Attorney
General 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 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

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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 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

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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
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

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for supplemental grants during the fiscal year.
(5) Grant moneys shall be paid to the Cook County
Treasurer in block grants and held in separate accounts
for the State's Attorney, the Public Defender, and court
appointed defense counsel other than the Cook County
Public Defender, respectively, for the designated fiscal
year, and are not subject to county appropriation.
(6) Expenditure of grant moneys under this subsection
(g) is subject to audit by the Auditor General.
(7) The Cook County Treasurer shall immediately make
payment from the appropriate separate account in the
county treasury for capital litigation expenses to the
State's Attorney, Public Defender, or court appointed
defense counsel other than the Public Defender, as the
case may be, upon order of the State's Attorney, Public
Defender or the court, respectively.
(h) If a defendant in a capital case in Cook County is
represented by court appointed counsel other than the Cook
County Public Defender, the appointed counsel shall petition
the court for an order directing the Cook County Treasurer to
pay the court appointed counsel's reasonable and necessary
compensation and capital litigation expenses from grant moneys
provided from the Trust Fund. 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

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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
(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

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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 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

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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
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:

HB4637 - 22 - LRB102 24415 RLC 33649 b
(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
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

HB4637 - 23 - LRB102 24415 RLC 33649 b
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
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.

HB4637 - 24 - LRB102 24415 RLC 33649 b
(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 2022. 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
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, 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 Record Review Act.

HB4637 - 25 - LRB102 24415 RLC 33649 b
(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 Office 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
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

HB4637 - 26 - LRB102 24415 RLC 33649 b
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.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card 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.

HB4637 - 27 - LRB102 24415 RLC 33649 b
(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

HB4637 - 28 - LRB102 24415 RLC 33649 b
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) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.

HB4637 - 29 - LRB102 24415 RLC 33649 b
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) (ccc) Information that is prohibited from
disclosure by the Illinois Police Training Act and the
Illinois State Police Act.
(ccc) (ddd) Records exempt from disclosure under
Section 2605-304 of the Illinois Department of State
Police Law of the Civil Administrative Code of Illinois.
(ddd) (bbb) Information prohibited from being

HB4637 - 30 - LRB102 24415 RLC 33649 b
disclosed under Section 35 of the Address Confidentiality
for Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) (ddd) Information prohibited from being
disclosed under subsection (b) of Section 75 of the
Domestic Violence Fatality Review Act.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; revised 10-5-21.)
Section 95. The State Finance Act is amended by adding
Section 5.970 as follows:
(30 ILCS 105/5.970 new)
Sec. 5.970. The Capital Litigation Trust Fund.
(30 ILCS 105/5.790 rep.)
Section 100. The State Finance Act is amended by repealing
Section 5.790.
Section 105. The Criminal Code of 2012 is amended by

HB4637 - 31 - LRB102 24415 RLC 33649 b
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 or she 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 or she knows that such acts create a strong
probability of death or great bodily harm to that
individual or another; or
(3) he or she, acting alone or with one or more
participants, commits or attempts to commit a forcible
felony other than second degree murder, and in the course
of or in furtherance of such crime or flight therefrom, he
or she or another participant causes the death of a
person.
(a-5) 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 murdered individual was a peace officer,

HB4637 - 32 - LRB102 24415 RLC 33649 b
firefighter, community policing volunteer, private
security officer, correctional institution employee, a
person performing duties related to the Adult Protective
Services Act or ombudsman under the State Long Term Care
Ombudsman Program of the Department on Aging, Department
of Human Services employee supervising or controlling
sexually dangerous persons or sexually violent persons, or
a Department of Children and Family Services employee who
was killed:
(A) in the course of performing his or her
official duties;
(B) to prevent the performance of his or her
official duties; or
(C) in retaliation for performing his or her
official duties; and
(2) the defendant knew or should have known that the
murdered individual was a peace officer, firefighter,
community policing volunteer, private security officer,
correctional institution employee, a person performing
duties related to the Adult Protective Services Act or
ombudsman under the State Long Term Care Ombudsman Program
of the Department on Aging, Department of Human Services
employee supervising or controlling sexually dangerous
persons or sexually violent persons, or a Department of
Children and Family Services employee.
In this subsection (a-5), "private security officer" means

HB4637 - 33 - LRB102 24415 RLC 33649 b
a registered employee of a private security contractor
agency under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004.
(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 natural life imprisonment death if:
(1) the murdered individual was a peace officer or
firefighter fireman killed in the course of performing his
or her official duties, to prevent the performance of his
or her official duties, or in retaliation for performing
his or her official duties, and the defendant knew or
should have known that the murdered individual was a peace
officer or firefighter 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 or her official duties, to
prevent the performance of his or her official duties, or
in retaliation for performing his or her 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) the defendant has been convicted of murdering two

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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 or she
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
contemporaneously with physical injuries caused by
one or more persons for whose conduct the

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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
(7) the murdered individual was under 12 years of age

HB4637 - 36 - LRB102 24415 RLC 33649 b
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

HB4637 - 37 - LRB102 24415 RLC 33649 b
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

HB4637 - 38 - LRB102 24415 RLC 33649 b
or first aid 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

HB4637 - 39 - LRB102 24415 RLC 33649 b
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) 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; or
(22) the murdered individual was a member of a
congregation engaged in prayer or other religious
activities at a church, synagogue, mosque, or other
building, structure, or place used for religious worship.
(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

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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
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 (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;

HB4637 - 41 - LRB102 24415 RLC 33649 b
(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.
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 (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

HB4637 - 42 - LRB102 24415 RLC 33649 b
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 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.

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(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
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.

HB4637 - 44 - LRB102 24415 RLC 33649 b
(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
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

HB4637 - 45 - LRB102 24415 RLC 33649 b
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
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

HB4637 - 46 - LRB102 24415 RLC 33649 b
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. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.
7-1-21.)
Section 110. 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

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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 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

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Circuit Court to assist the defendant in the completion of the
affidavit. Any person who knowingly files such affidavit
containing false information concerning his assets and
liabilities shall be liable to the county where the case, in
which such false affidavit is filed, is pending for the
reasonable value of the services rendered by the public
defender or other court-appointed counsel in the case to the
extent that such services were unjustly or falsely procured.
(c) Upon the filing with the court of a verified statement
of services rendered the court shall order the county
treasurer of the county of trial to pay counsel other than the
Public Defender a reasonable fee. The court shall consider all
relevant circumstances, including but not limited to the time
spent while court is in session, other time spent in
representing the defendant, and expenses reasonably incurred
by counsel. In counties with a population greater than
2,000,000, the court shall order the county treasurer of the
county of trial to pay counsel other than the Public Defender a
reasonable fee stated in the order and based upon a rate of
compensation of not more than $40 for each hour spent while
court is in session and not more than $30 for each hour
otherwise spent representing a defendant, and such
compensation shall not exceed $150 for each defendant
represented in misdemeanor cases and $1250 in felony cases, in
addition to expenses reasonably incurred as hereinafter in
this Section provided, except that, in extraordinary

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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 capital cases apply except when the compensation and
expenses are being provided under the Capital Crimes

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Litigation Act of 2022.
(Source: P.A. 91-589, eff. 1-1-00.)
(725 ILCS 5/119-1)
Sec. 119-1. Death penalty abolished; partially restored.
(a) Except as otherwise provided in this Section,
beginning on July 1, 2011 (the effective date of Public Act
96-1543) and 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), a defendant who at
the time of the commission of the offense has attained the age
of 18 or more years and who has been found guilty of first
degree murder under subsection (a-5) of Section 9-1 of the
Criminal Code of 2012 may be sentenced to death.
(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 102nd General
Assembly shall be transferred into the Capital Litigation
Trust Fund, together with any moneys the Death Penalty
Abolition Fund may receive thereafter , a special fund in the
State treasury, to be expended by the Illinois Criminal
Justice Information Authority, for services for families of

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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:
(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

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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
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

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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,
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, but not limited to: (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

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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 paragraph (5.1) of subsection (c) 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 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 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.)
HB4637 - 55 - LRB102 24415 RLC 33649 b
INDEX
Statutes amended in order of appearance