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| Public Act 096-1148 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Appellate Defender Act is amended by | ||||
changing Sections 9.1 and 10 as follows:
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(725 ILCS 105/9.1) (from Ch. 38, par. 208-9.1)
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Sec. 9.1. Individuals Two individuals may share one | ||||
attorney or staff position.
For purposes of this Section, | ||||
"shared position" means a position in which
2 individuals share | ||||
the salary and employee benefits. For purposes of seniority,
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each individual shall receive credit at a rate equal to the | ||||
percentage of
time employed in a shared position. Attorneys | ||||
sharing a position may not
engage in the private practice of | ||||
law.
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(Source: P.A. 83-771.)
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(725 ILCS 105/10) (from Ch. 38, par. 208-10)
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Sec. 10. Powers and duties of State Appellate Defender.
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(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.
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(b) The State Appellate Defender shall submit a budget for | ||||
the
approval of the State Appellate Defender Commission.
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(c) The State Appellate Defender may:
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(1) maintain a panel of private attorneys available to | ||
serve as
counsel on a case basis;
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(2) establish programs, alone or in conjunction with | ||
law schools,
for the purpose of utilizing volunteer law | ||
students as legal assistants;
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(3) cooperate and consult with state agencies, | ||
professional
associations, and other groups concerning the | ||
causes of criminal
conduct, the rehabilitation and | ||
correction of persons charged with and
convicted of crime, | ||
the administration of criminal justice, and, in
counties of | ||
less than 1,000,000 population, study, design, develop and
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implement model systems for the delivery of trial level | ||
defender
services, and make an annual report to the General | ||
Assembly;
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(4) hire investigators to provide investigative | ||
services to appointed counsel and county
public defenders;
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(5) in cases in which a death sentence is an authorized | ||
disposition,
provide trial counsel with legal assistance | ||
advice 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;
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(6) develop a Juvenile Defender Resource Center to:
(i) | ||
study, design, develop, and implement model systems for the | ||
delivery of trial level defender services for juveniles in | ||
the justice system; (ii) in cases in which a sentence of | ||
incarceration or an adult sentence, or both, is an | ||
authorized disposition, provide trial counsel with legal | ||
advice and the assistance of expert witnesses and | ||
investigators from funds appropriated to the Office of the | ||
State Appellate Defender by the General Assembly | ||
specifically for that purpose; (iii) develop and provide | ||
training to public defenders on juvenile justice issues, | ||
utilizing resources including the State and local bar | ||
associations, the Illinois Public Defender Association, | ||
law schools, the Midwest Juvenile Defender Center, and pro | ||
bono efforts by law firms; and
(iv) make an annual report | ||
to the General Assembly.
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Investigators employed by the Capital Trial Assistance | ||
Unit Death Penalty Trial Assistance and Capital Post Conviction | ||
Unit Capital
Litigation Division of the State Appellate | ||
Defender shall be authorized to
inquire
through the Illinois | ||
State Police or local law enforcement with the Law
Enforcement
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Agencies Data System (LEADS) under Section 2605-375 of the | ||
Civil Administrative
Code of Illinois to ascertain whether | ||
their potential witnesses have a criminal
background, | ||
including: (i) warrants; (ii) arrests; (iii) convictions; and | ||
(iv)
officer
safety information. This authorization applies | ||
only to information held on the
State
level and shall be used | ||
only to protect the personal safety of the
investigators. Any
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information that is obtained through this inquiry may not be | ||
disclosed by the
investigators.
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(d) For each State fiscal year, the State Appellate | ||
Defender shall request a direct appropriation from the Capital | ||
Litigation Trust Fund for expenses incurred by the State | ||
Appellate Defender in providing assistance to trial attorneys | ||
under item (c)(5) 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
State Appellate Defender shall appear before the General | ||
Assembly and request
appropriations to be made from the Capital | ||
Litigation Trust Fund to the State
Treasurer for the purpose of | ||
providing defense assistance in capital cases
outside of Cook | ||
County 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. 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.
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(e) The requirement for reporting to the General Assembly | ||
shall be
satisfied
by filing copies of the report with the | ||
Speaker, the Minority Leader and
the Clerk of the House of | ||
Representatives and the President, the Minority
Leader and the | ||
Secretary of the Senate and the Legislative Research
Unit, as | ||
required by Section 3.1 of the General Assembly Organization
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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.
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(Source: P.A. 94-340, eff. 1-1-06; 95-376, eff. 1-1-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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