Bill Text: IL SB1444 | 2019-2020 | 101st General Assembly | Introduced


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 2019. 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 2-0)

Status: (Introduced) 2019-03-22 - Rule 2-10 Committee Deadline Established As March 28, 2019 [SB1444 Detail]

Download: Illinois-2019-SB1444-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1444

Introduced 2/13/2019, by Sen. Jason Plummer

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 2019. 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.
LRB101 09423 SLF 54521 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

SB1444LRB101 09423 SLF 54521 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Capital Crimes Litigation Act of 2019.
6 Section 5. Appointment of trial counsel in death penalty
7cases. If an indigent defendant is charged with an offense for
8which a sentence of death is authorized, and the State's
9Attorney has not, at or before arraignment, filed a certificate
10indicating he or she will not seek the death penalty or stated
11on the record in open court that the death penalty will not be
12sought, the trial court shall immediately appoint the Public
13Defender, or any other qualified attorney or attorneys as the
14Illinois Supreme Court shall by rule provide, to represent the
15defendant as trial counsel. If the Public Defender is
16appointed, he or she shall immediately assign the attorney or
17attorneys who are public defenders to represent the defendant.
18The counsel shall meet the qualifications as the Supreme Court
19shall by rule provide. At the request of court appointed
20counsel in a case in which the death penalty is sought,
21attorneys employed by the State Appellate Defender may enter an
22appearance for the limited purpose of assisting counsel
23appointed under this Section.

SB1444- 2 -LRB101 09423 SLF 54521 b
1 Section 10. Court appointed trial counsel; compensation
2and expenses.
3 (a) This Section applies only to compensation and expenses
4of trial counsel appointed by the court as set forth in Section
55, other than public defenders, for the period after
6arraignment and so long as the State's Attorney has not, at any
7time, filed a certificate indicating he or she will not seek
8the death penalty or stated on the record in open court that
9the death penalty will not be sought.
10 (a-5) Litigation budget.
11 (1) In a case in which the State has filed a statement
12 of intent to seek the death penalty, the court shall
13 require appointed counsel, including those appointed in
14 Cook County, after counsel has had adequate time to review
15 the case and prior to engaging trial assistance, to submit
16 a proposed estimated litigation budget for court approval,
17 that will be subject to modification in light of facts and
18 developments that emerge as the case proceeds. Case budgets
19 should be submitted ex parte and filed and maintained under
20 seal in order to protect the defendant's right to effective
21 assistance of counsel, right not to incriminate him or
22 herself and all applicable privileges. Case budgets shall
23 be reviewed and approved by the judge assigned to try the
24 case. As provided under subsection (c) of this Section,
25 petitions for compensation shall be reviewed by both the

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1 trial judge and the presiding judge or the presiding
2 judge's designee.
3 (2) The litigation budget shall serve purposes
4 comparable to those of private retainer agreements by
5 confirming both the court's and the attorney's
6 expectations regarding fees and expenses. Consideration
7 should be given to employing an ex parte pretrial
8 conference in order to facilitate reaching agreement on a
9 litigation budget at the earliest opportunity.
10 (3) The budget shall be incorporated into a sealed
11 initial pretrial order that reflects the understandings of
12 the court and counsel regarding all matters affecting
13 counsel compensation and reimbursement and payments for
14 investigative, expert and other services, including, but
15 not limited to, the following matters:
16 (A) the hourly rate at which counsel will be
17 compensated;
18 (B) the hourly rate at which private
19 investigators, other than investigators employed by
20 the Office of the State Appellate Defender, will be
21 compensated; and
22 (C) the best preliminary estimate that can be made
23 of the cost of all services, including, but not limited
24 to, counsel, expert, and investigative services that
25 are likely to be needed through the guilt and penalty
26 phases of the trial. The court shall have discretion to

SB1444- 4 -LRB101 09423 SLF 54521 b
1 require that budgets be prepared for shorter intervals
2 of time.
3 (4) Appointed counsel may obtain, subject to later
4 review, investigative, expert, or other services without
5 prior authorization if necessary for an adequate defense.
6 If the services are obtained, the presiding judge or the
7 presiding judge's designee shall consider in an ex parte
8 proceeding that timely procurement of necessary services
9 could not await prior authorization. If an ex parte hearing
10 is requested by defense counsel or deemed necessary by the
11 trial judge prior to modifying a budget, the ex parte
12 hearing shall be before the presiding judge or the
13 presiding judge's designee. The judge may then authorize
14 the services nunc pro tunc. If the presiding judge or the
15 presiding judge's designee finds that the services were not
16 reasonable, payment may be denied.
17 (5) An approved budget shall guide counsel's use of
18 time and resources by indicating the services for which
19 compensation is authorized. The case budget shall be
20 re-evaluated when justified by changed or unexpected
21 circumstances and shall be modified by the court when
22 reasonable and necessary for an adequate defense. If an ex
23 parte hearing is requested by defense counsel or deemed
24 necessary by the trial judge prior to modifying a budget,
25 the ex parte hearing shall be before the presiding judge or
26 the presiding judge's designee.

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1 (b) Appointed trial counsel shall be compensated upon
2presentment and certification by the circuit court of a claim
3for services detailing the date, activity, and time duration
4for which compensation is sought. Compensation for appointed
5trial counsel may be paid at a reasonable rate not to exceed
6$125 per hour. The court shall not authorize payment of bills
7that are not properly itemized. A request for payment shall be
8presented under seal and reviewed ex parte with a court
9reporter present. Every January 20, the statutory rate
10prescribed in this subsection shall be automatically increased
11or decreased, as applicable, by a percentage equal to the
12percentage change in the consumer price index-u during the
13preceding 12-month calendar year. "Consumer price index-u"
14means the index published by the Bureau of Labor Statistics of
15the United States Department of Labor that measures the average
16change in prices of goods and services purchased by all urban
17consumers, United States city average, all items, 1982-84=100.
18The new rate resulting from each annual adjustment shall be
19determined by the State Treasurer and made available to the
20chief judge of each judicial circuit.
21 (c) Appointed trial counsel may also petition the court for
22certification of expenses for reasonable and necessary capital
23litigation expenses including, but not limited to,
24investigatory and other assistance, expert, forensic, and
25other witnesses, and mitigation specialists. Each provider of
26proposed services must specify the best preliminary estimate

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1that can be made in light of information received in the case
2at that point, and the provider must sign this estimate under
3the provisions of Section 1-109 of the Code of Civil Procedure.
4A provider of proposed services must also specify: (1) his or
5her hourly rate; (2) the hourly rate of anyone else in his or
6her employ for whom reimbursement is sought; and (3) the hourly
7rate of any person or entity that may be subcontracted to
8perform these services. Counsel may not petition for
9certification of expenses that may have been provided or
10compensated by the State Appellate Defender under item (c)(5.1)
11of Section 10 of the State Appellate Defender Act. The
12petitions shall be filed under seal and considered ex parte but
13with a court reporter present for all ex parte conferences. If
14the requests are submitted after services have been rendered,
15the requests shall be supported by an invoice describing the
16services rendered, the dates the services were performed and
17the amount of time spent. These petitions shall be reviewed by
18both the trial judge and the presiding judge of the circuit
19court or the presiding judge's designee. The petitions and
20orders shall be kept under seal and shall be exempt from
21Freedom of Information requests until the conclusion of the
22trial, even if the prosecution chooses not to pursue the death
23penalty prior to trial or sentencing. If an ex parte hearing is
24requested by defense counsel or deemed necessary by the trial
25judge, the hearing shall be before the presiding judge or the
26presiding judge's designee.

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1 (d) Appointed trial counsel shall petition the court for
2certification of compensation and expenses under this Section
3periodically during the course of counsel's representation.
4The petitions shall be supported by itemized bills showing the
5date, the amount of time spent, the work done, and the total
6being charged for each entry. The court shall not authorize
7payment of bills that are not properly itemized. The court must
8certify reasonable and necessary expenses of the petitioner for
9travel and per diem (lodging, meals, and incidental expenses).
10These expenses must be paid at the rate as promulgated by the
11United States General Services Administration for these
12expenses for the date and location in which they were incurred,
13unless extraordinary reasons are shown for the difference. The
14petitions shall be filed under seal and considered ex parte but
15with a court reporter present for all ex parte conferences. The
16petitions shall be reviewed by both the trial judge and the
17presiding judge of the circuit court or the presiding judge's
18designee. If an ex parte hearing is requested by defense
19counsel or deemed necessary by the trial judge, the ex parte
20hearing shall be before the presiding judge or the presiding
21judge's designee. If the court determines that the compensation
22and expenses should be paid from the Capital Litigation Trust
23Fund, the court shall certify, on a form created by the State
24Treasurer, that all or a designated portion of the amount
25requested is reasonable, necessary, and appropriate for
26payment from the Trust Fund. The form must also be signed by

SB1444- 8 -LRB101 09423 SLF 54521 b
1lead trial counsel under the provisions of Section 1-109 of the
2Code of Civil Procedure verifying that the amount requested is
3reasonable, necessary, and appropriate. Bills submitted for
4payment by any individual or entity seeking payment from the
5Capital Litigation Trust Fund must also be accompanied by a
6form created by the State Treasurer and signed by the
7individual or responsible agent of the entity under the
8provisions of Section 1-109 of the Code of Civil Procedure that
9the amount requested is accurate and truthful and reflects time
10spent or expenses incurred. Certification of compensation and
11expenses by a court in any county other than Cook County shall
12be delivered by the court to the State Treasurer and must be
13paid by the State Treasurer directly from the Capital
14Litigation Trust Fund if there are sufficient moneys in the
15Trust Fund to pay the compensation and expenses. If the State
16Treasurer finds within 14 days of his or her receipt of a
17certification that the compensation and expenses to be paid are
18unreasonable, unnecessary, or inappropriate, he or she may
19return the certification to the court setting forth in detail
20the objection or objections with a request for the court to
21review the objection or objections before resubmitting the
22certification. The State Treasurer must send the claimant a
23copy of the objection or objections. The State Treasurer may
24only seek a review of a specific objection once. The claimant
25has 7 days from his or her receipt of the objections to file a
26response with the court. With or without further hearing, the

SB1444- 9 -LRB101 09423 SLF 54521 b
1court must promptly rule on the objections. The petitions and
2orders shall be kept under seal and shall be exempt from
3Freedom of Information requests until the conclusion of the
4trial and appeal of the case, even if the prosecution chooses
5not to pursue the death penalty prior to trial or sentencing.
6Certification of compensation and expenses by a court in Cook
7County shall be delivered by the court to the county treasurer
8and paid by the county treasurer from moneys granted to the
9county from the Capital Litigation Trust Fund.
10 Section 15. Capital Litigation Trust Fund.
11 (a) The Capital Litigation Trust Fund is created as a
12special fund in the State Treasury. The Trust Fund shall be
13administered by the State Treasurer to provide moneys for the
14appropriations to be made, grants to be awarded, and
15compensation and expenses to be paid under this Act. All
16interest earned from the investment or deposit of moneys
17accumulated in the Trust Fund shall, under Section 4.1 of the
18State Finance Act, be deposited into the Trust Fund.
19 (b) Moneys deposited into the Trust Fund shall not be
20considered general revenue of the State of Illinois.
21 (c) Moneys deposited into the Trust Fund shall be used
22exclusively for the purposes of providing funding for the
23prosecution and defense of capital cases and for providing
24funding for post-conviction proceedings in capital cases under
25Article 122 of the Code of Criminal Procedure of 1963 and in

SB1444- 10 -LRB101 09423 SLF 54521 b
1relation to petitions filed under Section 2-1401 of the Code of
2Civil Procedure in relation to capital cases as provided in
3this Act and shall not be appropriated, loaned, or in any
4manner transferred to the General Revenue Fund of the State of
5Illinois.
6 (d) Every fiscal year the State Treasurer shall transfer
7from the General Revenue Fund to the Capital Litigation Trust
8Fund an amount equal to the full amount of moneys appropriated
9by the General Assembly (both by original and supplemental
10appropriation), less any unexpended balance from the previous
11fiscal year, from the Capital Litigation Trust Fund for the
12specific purpose of making funding available for the
13prosecution and defense of capital cases and for the litigation
14expenses associated with post-conviction proceedings in
15capital cases under Article 122 of the Code of Criminal
16Procedure of 1963 and in relation to petitions filed under
17Section 2-1401 of the Code of Civil Procedure in relation to
18capital cases. The Public Defender and State's Attorney in Cook
19County, the State Appellate Defender, the State's Attorneys
20Appellate Prosecutor, and the Attorney General shall make
21annual requests for appropriations from the Trust Fund.
22 (1) The Public Defender in Cook County shall request
23 appropriations to the State Treasurer for expenses
24 incurred by the Public Defender and for funding for private
25 appointed defense counsel in Cook County.
26 (2) The State's Attorney in Cook County shall request

SB1444- 11 -LRB101 09423 SLF 54521 b
1 an appropriation to the State Treasurer for expenses
2 incurred by the State's Attorney.
3 (3) The State Appellate Defender shall request a direct
4 appropriation from the Trust Fund for expenses incurred by
5 the State Appellate Defender in providing assistance to
6 trial attorneys under item (c)(5.1) of Section 10 of the
7 State Appellate Defender Act and for expenses incurred by
8 the State Appellate Defender in representing petitioners
9 in capital cases in post-conviction proceedings under
10 Article 122 of the Code of Criminal Procedure of 1963 and
11 in relation to petitions filed under Section 2-1401 of the
12 Code of Civil Procedure in relation to capital cases and
13 for the representation of those petitioners by attorneys
14 approved by or contracted with the State Appellate Defender
15 and an appropriation to the State Treasurer for payments
16 from the Trust Fund for the defense of cases in counties
17 other than Cook County.
18 (4) The State's Attorneys Appellate Prosecutor shall
19 request a direct appropriation from the Trust Fund to pay
20 expenses incurred by the State's Attorneys Appellate
21 Prosecutor and an appropriation to the State Treasurer for
22 payments from the Trust Fund for expenses incurred by
23 State's Attorneys in counties other than Cook County.
24 (5) The Attorney General shall request a direct
25 appropriation from the Trust Fund to pay expenses incurred
26 by the Attorney General in assisting the State's Attorneys

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1 in counties other than Cook County and to pay for expenses
2 incurred by the Attorney General when the Attorney General
3 is ordered by the presiding judge of the Criminal Division
4 of the Circuit Court of Cook County to prosecute or
5 supervise the prosecution of Cook County cases and for
6 expenses incurred by the Attorney General in representing
7 the State in post-conviction proceedings in capital cases
8 under Article 122 of the Code of Criminal Procedure of 1963
9 and in relation to petitions filed under Section 2-1401 of
10 the Code of Civil Procedure in relation to capital cases.
11 The Public Defender and State's Attorney in Cook County,
12 the State Appellate Defender, the State's Attorneys
13 Appellate Prosecutor, and the Attorney General may each
14 request supplemental appropriations from the Trust Fund
15 during the fiscal year.
16 (e) Moneys in the Trust Fund shall be expended only as
17follows:
18 (1) To pay the State Treasurer's costs to administer
19 the Trust Fund. The amount for this purpose may not exceed
20 5% in any one fiscal year of the amount otherwise
21 appropriated from the Trust Fund in the same fiscal year.
22 (2) To pay the capital litigation expenses of trial
23 defense and post-conviction proceedings in capital cases
24 under Article 122 of the Code of Criminal Procedure of 1963
25 and in relation to petitions filed under Section 2-1401 of
26 the Code of Civil Procedure in relation to capital cases

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1 including, but not limited to, DNA testing, including DNA
2 testing under Section 116-3 of the Code of Criminal
3 Procedure of 1963, analysis, and expert testimony,
4 investigatory and other assistance, expert, forensic, and
5 other witnesses, and mitigation specialists, and grants
6 and aid provided to public defenders, appellate defenders,
7 and any attorney approved by or contracted with the State
8 Appellate Defender representing petitioners in
9 post-conviction proceedings in capital cases under Article
10 122 of the Code of Criminal Procedure of 1963 and in
11 relation to petitions filed under Section 2-1401 of the
12 Code of Civil Procedure in relation to capital cases or
13 assistance to attorneys who have been appointed by the
14 court to represent defendants who are charged with capital
15 crimes. Reasonable and necessary capital litigation
16 expenses include travel and per diem (lodging, meals, and
17 incidental expenses).
18 (3) To pay the compensation of trial attorneys, other
19 than public defenders or appellate defenders, who have been
20 appointed by the court to represent defendants who are
21 charged with capital crimes or attorneys approved by or
22 contracted with the State Appellate Defender to represent
23 petitioners in post-conviction proceedings in capital
24 cases under Article 122 of the Code of Criminal Procedure
25 of 1963 and in relation to petitions filed under Section
26 2-1401 of the Code of Civil Procedure in relation to

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1 capital cases.
2 (4) To provide State's Attorneys with funding for
3 capital litigation expenses and for expenses of
4 representing the State in post-conviction proceedings in
5 capital cases under Article 122 of the Code of Criminal
6 Procedure of 1963 and in relation to petitions filed under
7 Section 2-1401 of the Code of Civil Procedure in relation
8 to capital cases including, but not limited to,
9 investigatory and other assistance and expert, forensic,
10 and other witnesses necessary to prosecute capital cases.
11 State's Attorneys in any county other than Cook County
12 seeking funding for capital litigation expenses and for
13 expenses of representing the State in post-conviction
14 proceedings in capital cases under Article 122 of the Code
15 of Criminal Procedure of 1963 and in relation to petitions
16 filed under Section 2-1401 of the Code of Civil Procedure
17 in relation to capital cases including, but not limited to,
18 investigatory and other assistance and expert, forensic,
19 or other witnesses under this Section may request that the
20 State's Attorneys Appellate Prosecutor or the Attorney
21 General, as the case may be, certify the expenses as
22 reasonable, necessary, and appropriate for payment from
23 the Trust Fund, on a form created by the State Treasurer.
24 Upon certification of the expenses and delivery of the
25 certification to the State Treasurer, the Treasurer shall
26 pay the expenses directly from the Capital Litigation Trust

SB1444- 15 -LRB101 09423 SLF 54521 b
1 Fund if there are sufficient moneys in the Trust Fund to
2 pay the expenses.
3 (5) To provide financial support through the Attorney
4 General under the Attorney General Act for the several
5 county State's Attorneys outside of Cook County, but shall
6 not be used to increase personnel for the Attorney
7 General's Office, except when the Attorney General is
8 ordered by the presiding judge of the Criminal Division of
9 the Circuit Court of Cook County to prosecute or supervise
10 the prosecution of Cook County cases.
11 (6) To provide financial support through the State's
12 Attorneys Appellate Prosecutor under the State's Attorneys
13 Appellate Prosecutor's Act for the several county State's
14 Attorneys outside of Cook County, but shall not be used to
15 increase personnel for the State's Attorneys Appellate
16 Prosecutor.
17 (7) To provide financial support to the State Appellate
18 Defender under the State Appellate Defender Act. Moneys
19 expended from the Trust Fund shall be in addition to county
20 funding for Public Defenders and State's Attorneys, and
21 shall not be used to supplant or reduce ordinary and
22 customary county funding.
23 (f) Moneys in the Trust Fund shall be appropriated to the
24State Appellate Defender, the State's Attorneys Appellate
25Prosecutor, the Attorney General, and the State Treasurer. The
26State Appellate Defender shall receive an appropriation from

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1the Trust Fund to enable it to provide assistance to appointed
2defense counsel and attorneys approved by or contracted with
3the State Appellate Defender to represent petitioners in
4post-conviction proceedings in capital cases under Article 122
5of the Code of Criminal Procedure of 1963 and in relation to
6petitions filed under Section 2-1401 of the Code of Civil
7Procedure in relation to capital cases throughout the State and
8to Public Defenders in counties other than Cook. The State's
9Attorneys Appellate Prosecutor and the Attorney General shall
10receive appropriations from the Trust Fund to enable them to
11provide assistance to State's Attorneys in counties other than
12Cook County and when the Attorney General is ordered by the
13presiding judge of the Criminal Division of the Circuit Court
14of Cook County to prosecute or supervise the prosecution of
15Cook County cases. Moneys shall be appropriated to the State
16Treasurer to enable the Treasurer: (i) to make grants to Cook
17County; (ii) to pay the expenses of Public Defenders, the State
18Appellate Defender, the Attorney General, the Office of the
19State's Attorneys Appellate Prosecutor, and State's Attorneys
20in counties other than Cook County; (iii) to pay the expenses
21and compensation of appointed defense counsel and attorneys
22approved by or contracted with the State Appellate Defender to
23represent petitioners in post-conviction proceedings in
24capital cases under Article 122 of the Code of Criminal
25Procedure of 1963 and in relation to petitions filed under
26Section 2-1401 of the Code of Civil Procedure in relation to

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1capital cases in counties other than Cook County; and (iv) to
2pay the costs of administering the Trust Fund. All expenditures
3and grants made from the Trust Fund shall be subject to audit
4by the Auditor General.
5 (g) For Cook County, grants from the Trust Fund shall be
6made and administered as follows:
7 (1) For each State fiscal year, the State's Attorney
8 and Public Defender must each make a separate application
9 to the State Treasurer for capital litigation grants.
10 (2) The State Treasurer shall establish rules and
11 procedures for grant applications. The rules shall require
12 the Cook County Treasurer as the grant recipient to report
13 on a periodic basis to the State Treasurer how much of the
14 grant has been expended, how much of the grant is
15 remaining, and the purposes for which the grant has been
16 used. The rules may also require the Cook County Treasurer
17 to certify on a periodic basis that expenditures of the
18 funds have been made for expenses that are reasonable,
19 necessary, and appropriate for payment from the Trust Fund.
20 (3) The State Treasurer shall make the grants to the
21 Cook County Treasurer as soon as possible after the
22 beginning of the State fiscal year.
23 (4) The State's Attorney or Public Defender may apply
24 for supplemental grants during the fiscal year.
25 (5) Grant moneys shall be paid to the Cook County
26 Treasurer in block grants and held in separate accounts for

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1 the State's Attorney, the Public Defender, and court
2 appointed defense counsel other than the Cook County Public
3 Defender, respectively, for the designated fiscal year,
4 and are not subject to county appropriation.
5 (6) Expenditure of grant moneys under this subsection
6 (g) is subject to audit by the Auditor General.
7 (7) The Cook County Treasurer shall immediately make
8 payment from the appropriate separate account in the county
9 treasury for capital litigation expenses to the State's
10 Attorney, Public Defender, or court appointed defense
11 counsel other than the Public Defender, as the case may be,
12 upon order of the State's Attorney, Public Defender or the
13 court, respectively.
14 (h) If a defendant in a capital case in Cook County is
15represented by court appointed counsel other than the Cook
16County Public Defender, the appointed counsel shall petition
17the court for an order directing the Cook County Treasurer to
18pay the court appointed counsel's reasonable and necessary
19compensation and capital litigation expenses from grant moneys
20provided from the Trust Fund. The petitions shall be supported
21by itemized bills showing the date, the amount of time spent,
22the work done, and the total being charged for each entry. The
23court shall not authorize payment of bills that are not
24properly itemized. The petitions shall be filed under seal and
25considered ex parte but with a court reporter present for all
26ex parte conferences. The petitions shall be reviewed by both

SB1444- 19 -LRB101 09423 SLF 54521 b
1the trial judge and the presiding judge of the circuit court or
2the presiding judge's designee. The petitions and orders shall
3be kept under seal and shall be exempt from Freedom of
4Information requests until the conclusion of the trial and
5appeal of the case, even if the prosecution chooses not to
6pursue the death penalty prior to trial or sentencing. Orders
7denying petitions for compensation or expenses are final.
8Counsel may not petition for expenses that may have been
9provided or compensated by the State Appellate Defender under
10item (c)(5.1) of Section 10 of the State Appellate Defender
11Act.
12 (i) In counties other than Cook County, and when the
13Attorney General is ordered by the presiding judge of the
14Criminal Division of the Circuit Court of Cook County to
15prosecute or supervise the prosecution of Cook County cases,
16and excluding capital litigation expenses or services that may
17have been provided by the State Appellate Defender under item
18(c)(5.1) of Section 10 of the State Appellate Defender Act:
19 (1) Upon certification by the circuit court, on a form
20 created by the State Treasurer, that all or a portion of
21 the expenses are reasonable, necessary, and appropriate
22 for payment from the Trust Fund and the court's delivery of
23 the certification to the Treasurer, the Treasurer shall pay
24 the certified expenses of Public Defenders and the State
25 Appellate Defender from the money appropriated to the
26 Treasurer for capital litigation expenses of Public

SB1444- 20 -LRB101 09423 SLF 54521 b
1 Defenders and post-conviction proceeding expenses in
2 capital cases of the State Appellate Defender and expenses
3 in relation to petitions filed under Section 2-1401 of the
4 Code of Civil Procedure in relation to capital cases in any
5 county other than Cook County, if there are sufficient
6 moneys in the Trust Fund to pay the expenses.
7 (2) If a defendant in a capital case is represented by
8 court appointed counsel other than the Public Defender, the
9 appointed counsel shall petition the court to certify
10 compensation and capital litigation expenses including,
11 but not limited to, investigatory and other assistance,
12 expert, forensic, and other witnesses, and mitigation
13 specialists as reasonable, necessary, and appropriate for
14 payment from the Trust Fund. If a petitioner in a capital
15 case who has filed a petition for post-conviction relief
16 under Article 122 of the Code of Criminal Procedure of 1963
17 or a petition under Section 2-1401 of the Code of Civil
18 Procedure in relation to capital cases is represented by an
19 attorney approved by or contracted with the State Appellate
20 Defender other than the State Appellate Defender, that
21 attorney shall petition the court to certify compensation
22 and litigation expenses of post-conviction proceedings
23 under Article 122 of the Code of Criminal Procedure of 1963
24 or in relation to petitions filed under Section 2-1401 of
25 the Code of Civil Procedure in relation to capital cases.
26 Upon certification on a form created by the State Treasurer

SB1444- 21 -LRB101 09423 SLF 54521 b
1 of all or a portion of the compensation and expenses
2 certified as reasonable, necessary, and appropriate for
3 payment from the Trust Fund and the court's delivery of the
4 certification to the Treasurer, the State Treasurer shall
5 pay the certified compensation and expenses from the money
6 appropriated to the Treasurer for that purpose, if there
7 are sufficient moneys in the Trust Fund to make those
8 payments.
9 (3) A petition for capital litigation expenses or
10 post-conviction proceeding expenses or expenses incurred
11 in filing a petition under Section 2-1401 of the Code of
12 Civil Procedure in relation to capital cases under this
13 subsection shall be considered under seal and reviewed ex
14 parte with a court reporter present. Orders denying
15 petitions for compensation or expenses are final.
16 (j) If the Trust Fund is discontinued or dissolved by an
17Act of the General Assembly or by operation of law, any balance
18remaining in the Trust Fund shall be returned to the General
19Revenue Fund after deduction of administrative costs, any other
20provision of this Act to the contrary notwithstanding.
21 Section 100. The Freedom of Information Act is amended by
22changing Section 7.5 as follows:
23 (5 ILCS 140/7.5)
24 Sec. 7.5. Statutory exemptions. To the extent provided for

SB1444- 22 -LRB101 09423 SLF 54521 b
1by the statutes referenced below, the following shall be exempt
2from inspection and copying:
3 (a) All information determined to be confidential
4 under Section 4002 of the Technology Advancement and
5 Development Act.
6 (b) Library circulation and order records identifying
7 library users with specific materials under the Library
8 Records Confidentiality Act.
9 (c) Applications, related documents, and medical
10 records received by the Experimental Organ Transplantation
11 Procedures Board and any and all documents or other records
12 prepared by the Experimental Organ Transplantation
13 Procedures Board or its staff relating to applications it
14 has received.
15 (d) Information and records held by the Department of
16 Public Health and its authorized representatives relating
17 to known or suspected cases of sexually transmissible
18 disease or any information the disclosure of which is
19 restricted under the Illinois Sexually Transmissible
20 Disease Control Act.
21 (e) Information the disclosure of which is exempted
22 under Section 30 of the Radon Industry Licensing Act.
23 (f) Firm performance evaluations under Section 55 of
24 the Architectural, Engineering, and Land Surveying
25 Qualifications Based Selection Act.
26 (g) Information the disclosure of which is restricted

SB1444- 23 -LRB101 09423 SLF 54521 b
1 and exempted under Section 50 of the Illinois Prepaid
2 Tuition Act.
3 (h) Information the disclosure of which is exempted
4 under the State Officials and Employees Ethics Act, and
5 records of any lawfully created State or local inspector
6 general's office that would be exempt if created or
7 obtained by an Executive Inspector General's office under
8 that Act.
9 (i) Information contained in a local emergency energy
10 plan submitted to a municipality in accordance with a local
11 emergency energy plan ordinance that is adopted under
12 Section 11-21.5-5 of the Illinois Municipal Code.
13 (j) Information and data concerning the distribution
14 of surcharge moneys collected and remitted by carriers
15 under the Emergency Telephone System Act.
16 (k) Law enforcement officer identification information
17 or driver identification information compiled by a law
18 enforcement agency or the Department of Transportation
19 under Section 11-212 of the Illinois Vehicle Code.
20 (l) Records and information provided to a residential
21 health care facility resident sexual assault and death
22 review team or the Executive Council under the Abuse
23 Prevention Review Team Act.
24 (m) Information provided to the predatory lending
25 database created pursuant to Article 3 of the Residential
26 Real Property Disclosure Act, except to the extent

SB1444- 24 -LRB101 09423 SLF 54521 b
1 authorized under that Article.
2 (n) Defense budgets and petitions for certification of
3 compensation and expenses for court appointed trial
4 counsel as provided under Sections 10 and 15 of the Capital
5 Crimes Litigation Act of 2019. This subsection (n) shall
6 apply until the conclusion of the trial of the case, even
7 if the prosecution chooses not to pursue the death penalty
8 prior to trial or sentencing.
9 (o) Information that is prohibited from being
10 disclosed under Section 4 of the Illinois Health and
11 Hazardous Substances Registry Act.
12 (p) Security portions of system safety program plans,
13 investigation reports, surveys, schedules, lists, data, or
14 information compiled, collected, or prepared by or for the
15 Regional Transportation Authority under Section 2.11 of
16 the Regional Transportation Authority Act or the St. Clair
17 County Transit District under the Bi-State Transit Safety
18 Act.
19 (q) Information prohibited from being disclosed by the
20 Personnel Record Records Review Act.
21 (r) Information prohibited from being disclosed by the
22 Illinois School Student Records Act.
23 (s) Information the disclosure of which is restricted
24 under Section 5-108 of the Public Utilities Act.
25 (t) All identified or deidentified health information
26 in the form of health data or medical records contained in,

SB1444- 25 -LRB101 09423 SLF 54521 b
1 stored in, submitted to, transferred by, or released from
2 the Illinois Health Information Exchange, and identified
3 or deidentified health information in the form of health
4 data and medical records of the Illinois Health Information
5 Exchange in the possession of the Illinois Health
6 Information Exchange Authority due to its administration
7 of the Illinois Health Information Exchange. The terms
8 "identified" and "deidentified" shall be given the same
9 meaning as in the Health Insurance Portability and
10 Accountability Act of 1996, Public Law 104-191, or any
11 subsequent amendments thereto, and any regulations
12 promulgated thereunder.
13 (u) Records and information provided to an independent
14 team of experts under the Developmental Disability and
15 Mental Health Safety Act (also known as Brian's Law).
16 (v) Names and information of people who have applied
17 for or received Firearm Owner's Identification Cards under
18 the Firearm Owners Identification Card Act or applied for
19 or received a concealed carry license under the Firearm
20 Concealed Carry Act, unless otherwise authorized by the
21 Firearm Concealed Carry Act; and databases under the
22 Firearm Concealed Carry Act, records of the Concealed Carry
23 Licensing Review Board under the Firearm Concealed Carry
24 Act, and law enforcement agency objections under the
25 Firearm Concealed Carry Act.
26 (w) Personally identifiable information which is

SB1444- 26 -LRB101 09423 SLF 54521 b
1 exempted from disclosure under subsection (g) of Section
2 19.1 of the Toll Highway Act.
3 (x) Information which is exempted from disclosure
4 under Section 5-1014.3 of the Counties Code or Section
5 8-11-21 of the Illinois Municipal Code.
6 (y) Confidential information under the Adult
7 Protective Services Act and its predecessor enabling
8 statute, the Elder Abuse and Neglect Act, including
9 information about the identity and administrative finding
10 against any caregiver of a verified and substantiated
11 decision of abuse, neglect, or financial exploitation of an
12 eligible adult maintained in the Registry established
13 under Section 7.5 of the Adult Protective Services Act.
14 (z) Records and information provided to a fatality
15 review team or the Illinois Fatality Review Team Advisory
16 Council under Section 15 of the Adult Protective Services
17 Act.
18 (aa) Information which is exempted from disclosure
19 under Section 2.37 of the Wildlife Code.
20 (bb) Information which is or was prohibited from
21 disclosure by the Juvenile Court Act of 1987.
22 (cc) Recordings made under the Law Enforcement
23 Officer-Worn Body Camera Act, except to the extent
24 authorized under that Act.
25 (dd) Information that is prohibited from being
26 disclosed under Section 45 of the Condominium and Common

SB1444- 27 -LRB101 09423 SLF 54521 b
1 Interest Community Ombudsperson Act.
2 (ee) Information that is exempted from disclosure
3 under Section 30.1 of the Pharmacy Practice Act.
4 (ff) Information that is exempted from disclosure
5 under the Revised Uniform Unclaimed Property Act.
6 (gg) Information that is prohibited from being
7 disclosed under Section 7-603.5 of the Illinois Vehicle
8 Code.
9 (hh) Records that are exempt from disclosure under
10 Section 1A-16.7 of the Election Code.
11 (ii) Information which is exempted from disclosure
12 under Section 2505-800 of the Department of Revenue Law of
13 the Civil Administrative Code of Illinois.
14 (jj) Information and reports that are required to be
15 submitted to the Department of Labor by registering day and
16 temporary labor service agencies but are exempt from
17 disclosure under subsection (a-1) of Section 45 of the Day
18 and Temporary Labor Services Act.
19 (kk) Information prohibited from disclosure under the
20 Seizure and Forfeiture Reporting Act.
21 (ll) Information the disclosure of which is restricted
22 and exempted under Section 5-30.8 of the Illinois Public
23 Aid Code.
24 (mm) (ll) Records that are exempt from disclosure under
25 Section 4.2 of the Crime Victims Compensation Act.
26 (nn) (ll) Information that is exempt from disclosure

SB1444- 28 -LRB101 09423 SLF 54521 b
1 under Section 70 of the Higher Education Student Assistance
2 Act.
3(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
4eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
599-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
6100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
78-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
8eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
9100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
1010-12-18.)
11 Section 105. The Criminal Code of 2012 is amended by
12changing Section 9-1 as follows:
13 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
14 Sec. 9-1. First degree murder; death penalties;
15exceptions; separate hearings; proof; findings; appellate
16procedures; reversals.
17 (a) A person who kills an individual without lawful
18justification commits first degree murder if, in performing the
19acts which cause the death:
20 (1) he either intends to kill or do great bodily harm
21 to that individual or another, or knows that such acts will
22 cause death to that individual or another; or
23 (2) he knows that such acts create a strong probability
24 of death or great bodily harm to that individual or

SB1444- 29 -LRB101 09423 SLF 54521 b
1 another; or
2 (3) he is attempting or committing a forcible felony
3 other than second degree murder.
4 (b) Aggravating Factors. A defendant who at the time of the
5commission of the offense has attained the age of 18 or more
6and who has been found guilty of first degree murder may be
7sentenced to death if:
8 (1) the murdered individual was a peace officer or
9 fireman killed in the course of performing his or her
10 official duties, to prevent the performance of his or her
11 official duties, or in retaliation for performing his or
12 her official duties, and the defendant knew or should have
13 known that the murdered individual was so employed a peace
14 officer or fireman; or
15 (2) the murdered individual was an employee of an
16 institution or facility of the Department of Corrections,
17 or any similar local correctional agency, killed in the
18 course of performing his or her official duties, to prevent
19 the performance of his or her official duties, or in
20 retaliation for performing his or her official duties, or
21 the murdered individual was an inmate at such institution
22 or facility and was killed on the grounds thereof, or the
23 murdered individual was otherwise present in such
24 institution or facility with the knowledge and approval of
25 the chief administrative officer thereof; or
26 (3) (blank); or the defendant has been convicted of

SB1444- 30 -LRB101 09423 SLF 54521 b
1 murdering two or more individuals under subsection (a) of
2 this Section or under any law of the United States or of
3 any state which is substantially similar to subsection (a)
4 of this Section regardless of whether the deaths occurred
5 as the result of the same act or of several related or
6 unrelated acts so long as the deaths were the result of
7 either an intent to kill more than one person or of
8 separate acts which the defendant knew would cause death or
9 create a strong probability of death or great bodily harm
10 to the murdered individual or another; or
11 (4) (blank); or the murdered individual was killed as a
12 result of the hijacking of an airplane, train, ship, bus or
13 other public conveyance; or
14 (5) (blank); or the defendant committed the murder
15 pursuant to a contract, agreement or understanding by which
16 he was to receive money or anything of value in return for
17 committing the murder or procured another to commit the
18 murder for money or anything of value; or
19 (6) (blank); or the murdered individual was killed in
20 the course of another felony if:
21 (a) the murdered individual:
22 (i) was actually killed by the defendant, or
23 (ii) received physical injuries personally
24 inflicted by the defendant substantially
25 contemporaneously with physical injuries caused by
26 one or more persons for whose conduct the defendant

SB1444- 31 -LRB101 09423 SLF 54521 b
1 is legally accountable under Section 5-2 of this
2 Code, and the physical injuries inflicted by
3 either the defendant or the other person or persons
4 for whose conduct he is legally accountable caused
5 the death of the murdered individual; and
6 (b) in performing the acts which caused the death
7 of the murdered individual or which resulted in
8 physical injuries personally inflicted by the
9 defendant on the murdered individual under the
10 circumstances of subdivision (ii) of subparagraph (a)
11 of paragraph (6) of subsection (b) of this Section, the
12 defendant acted with the intent to kill the murdered
13 individual or with the knowledge that his acts created
14 a strong probability of death or great bodily harm to
15 the murdered individual or another; and
16 (c) the other felony was an inherently violent
17 crime or the attempt to commit an inherently violent
18 crime. In this subparagraph (c), "inherently violent
19 crime" includes, but is not limited to, armed robbery,
20 robbery, predatory criminal sexual assault of a child,
21 aggravated criminal sexual assault, aggravated
22 kidnapping, aggravated vehicular hijacking, aggravated
23 arson, aggravated stalking, residential burglary, and
24 home invasion; or
25 (7) (blank); or the murdered individual was under 12
26 years of age and the death resulted from exceptionally

SB1444- 32 -LRB101 09423 SLF 54521 b
1 brutal or heinous behavior indicative of wanton cruelty; or
2 (8) (blank); or the defendant committed the murder with
3 intent to prevent the murdered individual from testifying
4 or participating in any criminal investigation or
5 prosecution or giving material assistance to the State in
6 any investigation or prosecution, either against the
7 defendant or another; or the defendant committed the murder
8 because the murdered individual was a witness in any
9 prosecution or gave material assistance to the State in any
10 investigation or prosecution, either against the defendant
11 or another; for purposes of this paragraph (8),
12 "participating in any criminal investigation or
13 prosecution" is intended to include those appearing in the
14 proceedings in any capacity such as trial judges,
15 prosecutors, defense attorneys, investigators, witnesses,
16 or jurors; or
17 (9) (blank); or the defendant, while committing an
18 offense punishable under Sections 401, 401.1, 401.2, 405,
19 405.2, 407 or 407.1 or subsection (b) of Section 404 of the
20 Illinois Controlled Substances Act, or while engaged in a
21 conspiracy or solicitation to commit such offense,
22 intentionally killed an individual or counseled,
23 commanded, induced, procured or caused the intentional
24 killing of the murdered individual; or
25 (10) (blank); or the defendant was incarcerated in an
26 institution or facility of the Department of Corrections at

SB1444- 33 -LRB101 09423 SLF 54521 b
1 the time of the murder, and while committing an offense
2 punishable as a felony under Illinois law, or while engaged
3 in a conspiracy or solicitation to commit such offense,
4 intentionally killed an individual or counseled,
5 commanded, induced, procured or caused the intentional
6 killing of the murdered individual; or
7 (11) (blank); or the murder was committed in a cold,
8 calculated and premeditated manner pursuant to a
9 preconceived plan, scheme or design to take a human life by
10 unlawful means, and the conduct of the defendant created a
11 reasonable expectation that the death of a human being
12 would result therefrom; or
13 (12) (blank); or the murdered individual was an
14 emergency medical technician - ambulance, emergency
15 medical technician - intermediate, emergency medical
16 technician - paramedic, ambulance driver, or other medical
17 assistance or first aid personnel, employed by a
18 municipality or other governmental unit, killed in the
19 course of performing his official duties, to prevent the
20 performance of his official duties, or in retaliation for
21 performing his official duties, and the defendant knew or
22 should have known that the murdered individual was an
23 emergency medical technician - ambulance, emergency
24 medical technician - intermediate, emergency medical
25 technician - paramedic, ambulance driver, or other medical
26 assistance or first aid personnel; or

SB1444- 34 -LRB101 09423 SLF 54521 b
1 (13) (blank); or the defendant was a principal
2 administrator, organizer, or leader of a calculated
3 criminal drug conspiracy consisting of a hierarchical
4 position of authority superior to that of all other members
5 of the conspiracy, and the defendant counseled, commanded,
6 induced, procured, or caused the intentional killing of the
7 murdered person; or
8 (14) (blank); or the murder was intentional and
9 involved the infliction of torture. For the purpose of this
10 Section torture means the infliction of or subjection to
11 extreme physical pain, motivated by an intent to increase
12 or prolong the pain, suffering or agony of the victim; or
13 (15) (blank); or the murder was committed as a result
14 of the intentional discharge of a firearm by the defendant
15 from a motor vehicle and the victim was not present within
16 the motor vehicle; or
17 (16) (blank); or the murdered individual was 60 years
18 of age or older and the death resulted from exceptionally
19 brutal or heinous behavior indicative of wanton cruelty; or
20 (17) (blank); or the murdered individual was a person
21 with a disability and the defendant knew or should have
22 known that the murdered individual was a person with a
23 disability. For purposes of this paragraph (17), "person
24 with a disability" means a person who suffers from a
25 permanent physical or mental impairment resulting from
26 disease, an injury, a functional disorder, or a congenital

SB1444- 35 -LRB101 09423 SLF 54521 b
1 condition that renders the person incapable of adequately
2 providing for his or her own health or personal care; or
3 (18) (blank); or the murder was committed by reason of
4 any person's activity as a community policing volunteer or
5 to prevent any person from engaging in activity as a
6 community policing volunteer; or
7 (19) (blank); or the murdered individual was subject to
8 an order of protection and the murder was committed by a
9 person against whom the same order of protection was issued
10 under the Illinois Domestic Violence Act of 1986; or
11 (20) (blank); or the murdered individual was known by
12 the defendant to be a teacher or other person employed in
13 any school and the teacher or other employee is upon the
14 grounds of a school or grounds adjacent to a school, or is
15 in any part of a building used for school purposes; or
16 (21) (blank). the murder was committed by the defendant
17 in connection with or as a result of the offense of
18 terrorism as defined in Section 29D-14.9 of this Code.
19 (b-5) Aggravating Factor; Natural Life Imprisonment. A
20defendant who has been found guilty of first degree murder and
21who at the time of the commission of the offense had attained
22the age of 18 years or more may be sentenced to natural life
23imprisonment if (i) the murdered individual was a physician,
24physician assistant, psychologist, nurse, or advanced practice
25registered nurse, (ii) the defendant knew or should have known
26that the murdered individual was a physician, physician

SB1444- 36 -LRB101 09423 SLF 54521 b
1assistant, psychologist, nurse, or advanced practice
2registered nurse, and (iii) the murdered individual was killed
3in the course of acting in his or her capacity as a physician,
4physician assistant, psychologist, nurse, or advanced practice
5registered nurse, or to prevent him or her from acting in that
6capacity, or in retaliation for his or her acting in that
7capacity.
8 (c) Consideration of factors in Aggravation and
9Mitigation.
10 The court shall consider, or shall instruct the jury to
11consider any aggravating and any mitigating factors which are
12relevant to the imposition of the death penalty. Aggravating
13factors may include but need not be limited to those factors
14set forth in subsection (b). Mitigating factors may include but
15need not be limited to the following:
16 (1) the defendant has no significant history of prior
17 criminal activity;
18 (2) the murder was committed while the defendant was
19 under the influence of extreme mental or emotional
20 disturbance, although not such as to constitute a defense
21 to prosecution;
22 (3) the murdered individual was a participant in the
23 defendant's homicidal conduct or consented to the
24 homicidal act;
25 (4) the defendant acted under the compulsion of threat
26 or menace of the imminent infliction of death or great

SB1444- 37 -LRB101 09423 SLF 54521 b
1 bodily harm;
2 (5) the defendant was not personally present during
3 commission of the act or acts causing death;
4 (6) the defendant's background includes a history of
5 extreme emotional or physical abuse;
6 (7) the defendant suffers from a reduced mental
7 capacity.
8 Provided, however, that an action that does not otherwise
9mitigate first degree murder cannot qualify as a mitigating
10factor for first degree murder because of the discovery,
11knowledge, or disclosure of the victim's sexual orientation as
12defined in Section 1-103 of the Illinois Human Rights Act.
13 (d) Separate sentencing hearing.
14 Where requested by the State, the court shall conduct a
15separate sentencing proceeding to determine the existence of
16factors set forth in subsection (b) and to consider any
17aggravating or mitigating factors as indicated in subsection
18(c). The proceeding shall be conducted:
19 (1) before the jury that determined the defendant's
20 guilt; or
21 (2) before a jury impanelled for the purpose of the
22 proceeding if:
23 A. the defendant was convicted upon a plea of
24 guilty; or
25 B. the defendant was convicted after a trial before
26 the court sitting without a jury; or

SB1444- 38 -LRB101 09423 SLF 54521 b
1 C. the court for good cause shown discharges the
2 jury that determined the defendant's guilt; or
3 (3) before the court alone if the defendant waives a
4 jury for the separate proceeding.
5 (e) Evidence and Argument.
6 During the proceeding any information relevant to any of
7the factors set forth in subsection (b) may be presented by
8either the State or the defendant under the rules governing the
9admission of evidence at criminal trials. Any information
10relevant to any additional aggravating factors or any
11mitigating factors indicated in subsection (c) may be presented
12by the State or defendant regardless of its admissibility under
13the rules governing the admission of evidence at criminal
14trials. The State and the defendant shall be given fair
15opportunity to rebut any information received at the hearing.
16 (f) Proof.
17 The burden of proof of establishing the existence of any of
18the factors set forth in subsection (b) is on the State and
19shall not be satisfied unless established beyond a reasonable
20doubt.
21 (g) Procedure - Jury.
22 If at the separate sentencing proceeding the jury finds
23that none of the factors set forth in subsection (b) exists,
24the court shall sentence the defendant to a term of
25imprisonment under Chapter V of the Unified Code of
26Corrections. If there is a unanimous finding by the jury that

SB1444- 39 -LRB101 09423 SLF 54521 b
1one or more of the factors set forth in subsection (b) exist,
2the jury shall consider aggravating and mitigating factors as
3instructed by the court and shall determine whether the
4sentence of death shall be imposed. If the jury determines
5unanimously, after weighing the factors in aggravation and
6mitigation, that death is the appropriate sentence, the court
7shall sentence the defendant to death. If the court does not
8concur with the jury determination that death is the
9appropriate sentence, the court shall set forth reasons in
10writing including what facts or circumstances the court relied
11upon, along with any relevant documents, that compelled the
12court to non-concur with the sentence. This document and any
13attachments shall be part of the record for appellate review.
14The court shall be bound by the jury's sentencing
15determination.
16 If after weighing the factors in aggravation and
17mitigation, one or more jurors determines that death is not the
18appropriate sentence, the court shall sentence the defendant to
19a term of imprisonment under Chapter V of the Unified Code of
20Corrections.
21 (h) Procedure - No Jury.
22 In a proceeding before the court alone, if the court finds
23that none of the factors found in subsection (b) exists, the
24court shall sentence the defendant to a term of imprisonment
25under Chapter V of the Unified Code of Corrections.
26 If the Court determines that one or more of the factors set

SB1444- 40 -LRB101 09423 SLF 54521 b
1forth in subsection (b) exists, the Court shall consider any
2aggravating and mitigating factors as indicated in subsection
3(c). If the Court determines, after weighing the factors in
4aggravation and mitigation, that death is the appropriate
5sentence, the Court shall sentence the defendant to death.
6 If the court finds that death is not the appropriate
7sentence, the court shall sentence the defendant to a term of
8imprisonment under Chapter V of the Unified Code of
9Corrections.
10 (h-5) Decertification as a capital case.
11 In a case in which the defendant has been found guilty of
12first degree murder by a judge or jury, or a case on remand for
13resentencing, and the State seeks the death penalty as an
14appropriate sentence, on the court's own motion or the written
15motion of the defendant, the court may decertify the case as a
16death penalty case if the court finds that the only evidence
17supporting the defendant's conviction is the uncorroborated
18testimony of an informant witness, as defined in Section 115-21
19of the Code of Criminal Procedure of 1963, concerning the
20confession or admission of the defendant or that the sole
21evidence against the defendant is a single eyewitness or single
22accomplice without any other corroborating evidence. If the
23court decertifies the case as a capital case under either of
24the grounds set forth above, the court shall issue a written
25finding. The State may pursue its right to appeal the
26decertification pursuant to Supreme Court Rule 604(a)(1). If

SB1444- 41 -LRB101 09423 SLF 54521 b
1the court does not decertify the case as a capital case, the
2matter shall proceed to the eligibility phase of the sentencing
3hearing.
4 (i) Appellate Procedure.
5 The conviction and sentence of death shall be subject to
6automatic review by the Supreme Court. Such review shall be in
7accordance with rules promulgated by the Supreme Court. The
8Illinois Supreme Court may overturn the death sentence, and
9order the imposition of imprisonment under Chapter V of the
10Unified Code of Corrections if the court finds that the death
11sentence is fundamentally unjust as applied to the particular
12case. If the Illinois Supreme Court finds that the death
13sentence is fundamentally unjust as applied to the particular
14case, independent of any procedural grounds for relief, the
15Illinois Supreme Court shall issue a written opinion explaining
16this finding.
17 (j) Disposition of reversed death sentence.
18 In the event that the death penalty in this Act is held to
19be unconstitutional by the Supreme Court of the United States
20or of the State of Illinois, any person convicted of first
21degree murder shall be sentenced by the court to a term of
22imprisonment under Chapter V of the Unified Code of
23Corrections.
24 In the event that any death sentence pursuant to the
25sentencing provisions of this Section is declared
26unconstitutional by the Supreme Court of the United States or

SB1444- 42 -LRB101 09423 SLF 54521 b
1of the State of Illinois, the court having jurisdiction over a
2person previously sentenced to death shall cause the defendant
3to be brought before the court, and the court shall sentence
4the defendant to a term of imprisonment under Chapter V of the
5Unified Code of Corrections.
6 (k) Guidelines for seeking the death penalty.
7 The Attorney General and State's Attorneys Association
8shall consult on voluntary guidelines for procedures governing
9whether or not to seek the death penalty. The guidelines do not
10have the force of law and are only advisory in nature.
11(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18;
12100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
13 Section 110. The Code of Criminal Procedure of 1963 is
14amended by changing Sections 113-3 and 119-1 as follows:
15 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
16 Sec. 113-3. (a) Every person charged with an offense shall
17be allowed counsel before pleading to the charge. If the
18defendant desires counsel and has been unable to obtain same
19before arraignment the court shall recess court or continue the
20cause for a reasonable time to permit defendant to obtain
21counsel and consult with him before pleading to the charge. If
22the accused is a dissolved corporation, and is not represented
23by counsel, the court may, in the interest of justice, appoint
24as counsel a licensed attorney of this State.

SB1444- 43 -LRB101 09423 SLF 54521 b
1 (b) In all cases, except where the penalty is a fine only,
2if the court determines that the defendant is indigent and
3desires counsel, the Public Defender shall be appointed as
4counsel. If there is no Public Defender in the county or if the
5defendant requests counsel other than the Public Defender and
6the court finds that the rights of the defendant will be
7prejudiced by the appointment of the Public Defender, the court
8shall appoint as counsel a licensed attorney at law of this
9State, except that in a county having a population of 2,000,000
10or more the Public Defender shall be appointed as counsel in
11all misdemeanor cases where the defendant is indigent and
12desires counsel unless the case involves multiple defendants,
13in which case the court may appoint counsel other than the
14Public Defender for the additional defendants. The court shall
15require an affidavit signed by any defendant who requests
16court-appointed counsel. Such affidavit shall be in the form
17established by the Supreme Court containing sufficient
18information to ascertain the assets and liabilities of that
19defendant. The Court may direct the Clerk of the Circuit Court
20to assist the defendant in the completion of the affidavit. Any
21person who knowingly files such affidavit containing false
22information concerning his assets and liabilities shall be
23liable to the county where the case, in which such false
24affidavit is filed, is pending for the reasonable value of the
25services rendered by the public defender or other
26court-appointed counsel in the case to the extent that such

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1services were unjustly or falsely procured.
2 (c) Upon the filing with the court of a verified statement
3of services rendered the court shall order the county treasurer
4of the county of trial to pay counsel other than the Public
5Defender a reasonable fee. The court shall consider all
6relevant circumstances, including but not limited to the time
7spent while court is in session, other time spent in
8representing the defendant, and expenses reasonably incurred
9by counsel. In counties with a population greater than
102,000,000, the court shall order the county treasurer of the
11county of trial to pay counsel other than the Public Defender a
12reasonable fee stated in the order and based upon a rate of
13compensation of not more than $40 for each hour spent while
14court is in session and not more than $30 for each hour
15otherwise spent representing a defendant, and such
16compensation shall not exceed $150 for each defendant
17represented in misdemeanor cases and $1250 in felony cases, in
18addition to expenses reasonably incurred as hereinafter in this
19Section provided, except that, in extraordinary circumstances,
20payment in excess of the limits herein stated may be made if
21the trial court certifies that such payment is necessary to
22provide fair compensation for protracted representation. A
23trial court may entertain the filing of this verified statement
24before the termination of the cause, and may order the
25provisional payment of sums during the pendency of the cause.
26 (d) In capital cases, in addition to counsel, if the court

SB1444- 45 -LRB101 09423 SLF 54521 b
1determines that the defendant is indigent the court may, upon
2the filing with the court of a verified statement of services
3rendered, order the county Treasurer of the county of trial to
4pay necessary expert witnesses for defendant reasonable
5compensation stated in the order not to exceed $250 for each
6defendant.
7 (e) If the court in any county having a population greater
8than 2,000,000 determines that the defendant is indigent the
9court may, upon the filing with the court of a verified
10statement of such expenses, order the county treasurer of the
11county of trial, in such counties having a population greater
12than 2,000,000 to pay the general expenses of the trial
13incurred by the defendant not to exceed $50 for each defendant.
14 (f) The provisions of this Section relating to appointment
15of counsel, compensation of counsel, and payment of expenses in
16capital cases apply except when the compensation and expenses
17are being provided under the Capital Crimes Litigation Act of
182019.
19(Source: P.A. 91-589, eff. 1-1-00.)
20 (725 ILCS 5/119-1)
21 Sec. 119-1. Death penalty restored abolished.
22 (a) (Blank). Beginning on the effective date of this
23amendatory Act of the 96th General Assembly, notwithstanding
24any other law to the contrary, the death penalty is abolished
25and a sentence to death may not be imposed.

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1 (b) All unobligated and unexpended moneys remaining in the
2Capital Litigation Trust Fund on the effective date of this
3amendatory Act of the 96th General Assembly shall be
4transferred into the Death Penalty Abolition Fund on the
5effective date of this amendatory Act of the 101st General
6Assembly shall be transferred into the Capital Litigation Trust
7Fund , a special fund in the State treasury, to be expended by
8the Illinois Criminal Justice Information Authority, for
9services for families of victims of homicide or murder and for
10training of law enforcement personnel.
11(Source: P.A. 96-1543, eff. 7-1-11.)
12 Section 115. The State Appellate Defender Act is amended by
13changing Section 10 as follows:
14 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
15 Sec. 10. Powers and duties of State Appellate Defender.
16 (a) The State Appellate Defender shall represent indigent
17persons on appeal in criminal and delinquent minor proceedings,
18when appointed to do so by a court under a Supreme Court Rule
19or law of this State.
20 (b) The State Appellate Defender shall submit a budget for
21the approval of the State Appellate Defender Commission.
22 (c) The State Appellate Defender may:
23 (1) maintain a panel of private attorneys available to
24 serve as counsel on a case basis;

SB1444- 47 -LRB101 09423 SLF 54521 b
1 (2) establish programs, alone or in conjunction with
2 law schools, for the purpose of utilizing volunteer law
3 students as legal assistants;
4 (3) cooperate and consult with state agencies,
5 professional associations, and other groups concerning the
6 causes of criminal conduct, the rehabilitation and
7 correction of persons charged with and convicted of crime,
8 the administration of criminal justice, and, in counties of
9 less than 1,000,000 population, study, design, develop and
10 implement model systems for the delivery of trial level
11 defender services, and make an annual report to the General
12 Assembly;
13 (4) hire investigators to provide investigative
14 services to appointed counsel and county public defenders;
15 (5) (blank);
16 (5.1) in cases in which a death sentence is an
17 authorized disposition, provide trial counsel with legal
18 assistance and the assistance of expert witnesses,
19 investigators, and mitigation specialists from funds
20 appropriated to the State Appellate Defender specifically
21 for that purpose by the General Assembly. The Office of
22 State Appellate Defender shall not be appointed to serve as
23 trial counsel in capital cases;
24 (5.5) provide training to county public defenders;
25 (5.7) provide county public defenders with the
26 assistance of expert witnesses and investigators from

SB1444- 48 -LRB101 09423 SLF 54521 b
1 funds appropriated to the State Appellate Defender
2 specifically for that purpose by the General Assembly. The
3 Office of the State Appellate Defender shall not be
4 appointed to act as trial counsel;
5 (6) develop a Juvenile Defender Resource Center to: (i)
6 study, design, develop, and implement model systems for the
7 delivery of trial level defender services for juveniles in
8 the justice system; (ii) in cases in which a sentence of
9 incarceration or an adult sentence, or both, is an
10 authorized disposition, provide trial counsel with legal
11 advice and the assistance of expert witnesses and
12 investigators from funds appropriated to the Office of the
13 State Appellate Defender by the General Assembly
14 specifically for that purpose; (iii) develop and provide
15 training to public defenders on juvenile justice issues,
16 utilizing resources including the State and local bar
17 associations, the Illinois Public Defender Association,
18 law schools, the Midwest Juvenile Defender Center, and pro
19 bono efforts by law firms; and (iv) make an annual report
20 to the General Assembly.
21 Investigators employed by the Capital Trial Assistance
22Unit and Capital Post Conviction Unit of the State Appellate
23Defender shall be authorized to inquire through the Illinois
24State Police or local law enforcement with the Law Enforcement
25Agencies Data System (LEADS) under Section 2605-375 of the
26Civil Administrative Code of Illinois to ascertain whether

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1their potential witnesses have a criminal background,
2including, but not limited to: (i) warrants; (ii) arrests;
3(iii) convictions; and (iv) officer safety information. This
4authorization applies only to information held on the State
5level and shall be used only to protect the personal safety of
6the investigators. Any information that is obtained through
7this inquiry may not be disclosed by the investigators.
8 (c-5) For each State fiscal year, the State Appellate
9Defender shall request a direct appropriation from the Capital
10Litigation Trust Fund for expenses incurred by the State
11Appellate Defender in providing assistance to trial attorneys
12under paragraph (5.1) of subsection (c) and for expenses
13incurred by the State Appellate Defender in representing
14petitioners in capital cases in post-conviction proceedings
15under Article 122 of the Code of Criminal Procedure of 1963 and
16in relation to petitions filed under Section 2-1401 of the Code
17of Civil Procedure in relation to capital cases and for the
18representation of those petitioners by attorneys approved by or
19contracted with the State Appellate Defender and an
20appropriation to the State Treasurer for payments from the
21Trust Fund for the defense of cases in counties other than Cook
22County. The State Appellate Defender may appear before the
23General Assembly at other times during the State's fiscal year
24to request supplemental appropriations from the Trust Fund to
25the State Treasurer.
26 (d) (Blank).

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1 (e) The requirement for reporting to the General Assembly
2shall be satisfied by filing copies of the report with the
3Speaker, the Minority Leader and the Clerk of the House of
4Representatives and the President, the Minority Leader and the
5Secretary of the Senate and the Legislative Research Unit, as
6required by Section 3.1 of the General Assembly Organization
7Act and filing such additional copies with the State Government
8Report Distribution Center for the General Assembly as is
9required under paragraph (t) of Section 7 of the State Library
10Act.
11(Source: P.A. 99-78, eff. 7-20-15.)
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