State of Illinois
91st General Assembly
Legislation

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91_SB0027ham002

 










                                           LRB9100064SMdvam02

 1                     AMENDMENT TO SENATE BILL 27

 2        AMENDMENT NO.     .  Amend Senate Bill 27, AS AMENDED, by
 3    replacing the title with the following:
 4        "AN ACT to amend the Code of Criminal Procedure  of  1963
 5    by adding Article 106E."; and

 6    by  replacing  everything  after the enacting clause with the
 7    following:

 8        "Section 5.  The Code of Criminal Procedure  of  1963  is
 9    amended by adding Article 106E as follows:

10        (725 ILCS 5/Article 106E heading new)
11              ARTICLE 106E.  TASK FORCE ON PROFESSIONAL
12              PRACTICE IN THE ILLINOIS  JUSTICE SYSTEMS

13        (725 ILCS 5/106E-5 new)
14        Sec.  106E-5.   Purpose  for  task  force.   The Illinois
15    General Assembly  takes  notice  that  public  defenders  and
16    prosecutors  in  the  Illinois  criminal  justice systems are
17    often reimbursed at salary levels far below reasonable  rates
18    for  private  practice.   The  criminal  and juvenile justice
19    systems in Illinois have become  increasingly  technical  and
20    complex due to countless piecemeal amendments to the Criminal
 
                            -2-            LRB9100064SMdvam02
 1    Code  of 1961, this Code, the Juvenile Court Act of 1987, and
 2    the  Unified  Code  of  Corrections.   It   is   increasingly
 3    difficult  to  remain  current  on legislative amendments and
 4    court decisions in the rapidly changing  justice  systems  of
 5    Illinois.   Increases  in  levels  of  arrests  have  led  to
 6    increased   criminal  and  juvenile  prosecutions  throughout
 7    Illinois  resulting  in  higher   caseloads   for   attorneys
 8    practicing   in   the   justice  system.   Rapid  changes  in
 9    technology have resulted in changes in  court  processing  of
10    criminal  and  juvenile  offenders  that  require concomitant
11    technological skill development  on  the  part  of  attorneys
12    practicing  in  the justice system. Defender services in some
13    areas of Illinois are covered by a single part-time attorney.
14    Local county boards are increasingly challenged to adequately
15    fund local systems of justice.
16        In order for the State to protect its moral  and  ethical
17    integrity,  the  State  must  ensure a justice system that is
18    staffed by attorneys trained and prepared to render competent
19    representation.   The   Illinois   General   Assembly   shall
20    establish   an   independent,   non-partisan  Task  Force  on
21    Professional Practice in  the  Illinois  Justice  Systems  to
22    study   appropriate  levels  of  caseloads,  adequate  salary
23    structures, annual training needs, technological  needs,  and
24    other  issues affecting the development of professionalism of
25    attorneys in the Illinois justice system.

26        (725 ILCS 5/106E-10 new)
27        Sec. 106E-10. Task Force on Professional Practice in  the
28    Illinois  Justice  Systems.   The  Task force on Professional
29    Practice in the Illinois Justice Systems shall  be  comprised
30    of  17  members  who shall serve without compensation and who
31    shall be appointed as follows:
32        (1)  One member appointed by the President of the Senate.
33        (2)  One member appointed by the Minority Leader  of  the
 
                            -3-            LRB9100064SMdvam02
 1    Senate.
 2        (3)  One  member appointed by the Speaker of the House of
 3    Representatives.
 4        (4)  One member appointed by the Minority Leader  of  the
 5    House of Representatives.
 6        (5)  One member appointed by the Governor.
 7        (6)  One member appointed by the Illinois Supreme Court.
 8        (7)  One member appointed by the Illinois Public Defender
 9    Association.
10        (8)  One   member   appointed   by   the  Illinois  State
11    Prosecutors Association.
12        (9)  One member appointed by  the  Office  of  the  State
13    Appellate Defender.
14        (10)  One  member appointed by the Office of the Attorney
15    General.
16        (11)  One member appointed by the Office  of  the  Public
17    Defender of Cook County.
18        (12)  One  member  appointed by the Office of the State's
19    Attorney of Cook County.
20        (13)  One member appointed by the Office  of  the  Public
21    Defender of DuPage County.
22        (14)  One  member  appointed by the Office of the State's
23    Attorney of DuPage County.
24        (15)  One member appointed by the Office  of  the  Public
25    Defender of Sangamon County.
26        (16)  One  member  appointed by the Office of the State's
27    Attorney of Sangamon County.
28        (17)  One member appointed  by  the  Illinois  State  Bar
29    Association.
30        The  Task  Force  shall  be  convened  and chaired by the
31    member appointed by the Illinois State Bar Association.   The
32    Task  Force  shall  be  staffed  by  the  Illinois  State Bar
33    Association.
34        The  Task   Force   shall   report   its   findings   and
 
                            -4-            LRB9100064SMdvam02
 1    recommendations to the Governor, the General Assembly, and to
 2    the  Illinois  Supreme Court no later than 9 months after the
 3    effective date of this amendatory Act  of  the  91st  General
 4    Assembly.

 5        (725 ILCS 5/106E-15 new)
 6        Sec.  106E-15. Repeal.  This Article is repealed December
 7    31, 2000.

 8        Section 99.  Effective date.  This Act takes effect  upon
 9    becoming law.".

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