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91_SB0574ham001
LRB9106370WHdvam01
1 AMENDMENT TO SENATE BILL 574
2 AMENDMENT NO. . Amend Senate Bill 574 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5 Capital Crimes Litigation Act.
6 Section 5. Appointment of counsel in death penalty
7 cases.
8 (a) If an indigent defendant is charged with an offense
9 for which a sentence of death is authorized, and the State's
10 Attorney has not filed a certificate indicating he or she
11 will not seek the death penalty or stated on the record in
12 open court that the death penalty will not be sought, the
13 trial court shall immediately appoint the Public Defender, or
14 such other qualified attorney or attorneys as the Illinois
15 Supreme Court shall by rule provide, to represent the
16 defendant. If the Public Defender is appointed, he or she
17 shall immediately assign such attorney or attorneys to
18 represent the defendant. The assigned counsel shall meet the
19 qualifications as the Supreme Court shall by rule provide.
20 (b) Trial counsel appointed under this Section, other
21 than public defenders and assistant public defenders, shall
22 be compensated upon presentment and approval by the circuit
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1 court of a claim for services detailing the date, activity,
2 and time duration for which compensation is sought.
3 Compensation for counsel appointed may be paid at a rate not
4 to exceed $125 per hour.
5 Beginning in 2001, every January 20, the statutory rate
6 prescribed in this subsection shall be automatically
7 increased or decreased, as applicable, by a percentage equal
8 to the percentage change in the consumer price index-u during
9 the preceding 12-month calendar year. "Consumer price
10 index-u" means the index published by the Bureau of Labor
11 Statistics of the United States Department of Labor that
12 measures the average change in prices of goods and services
13 purchased by all urban consumers, United States city average,
14 all items, 1982-84=100. The new rate resulting from each
15 annual adjustment shall be determined by the State Treasurer
16 and made available to the chief judge of each judicial
17 circuit.
18 Trial counsel may also petition the court for
19 compensation for investigative services and for the services
20 of expert, forensic, and mitigation witnesses.
21 The court shall order periodic billing and payment under
22 this subsection during the course of counsel's
23 representation. Upon its determination that the time and
24 services itemized in the petition are reasonable and
25 necessary, the circuit court shall order the State Treasurer
26 to pay all or a designated portion of the amount requested in
27 the petition from the Capital Litigation Trust Fund.
28 (c) Immediately upon entering a judgment imposing a
29 sentence of death, the trial court shall appoint counsel on
30 appeal in accordance with the applicable rules of the Supreme
31 Court of Illinois. The trial court shall also immediately
32 appoint counsel for post-conviction proceedings in accordance
33 with Section 122-4 of the Code of Criminal Procedure of 1963.
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1 Section 10. Capital Litigation Trust Fund.
2 (a) The Capital Litigation Trust Fund is created as a
3 special fund in the State Treasury. The Trust Fund shall be
4 administered by the State Treasurer to provide moneys for the
5 grants to be awarded under this Act. All interest earned
6 from the investment or deposit of moneys accumulated in the
7 Trust Fund shall, under Section 4.1 of the State Finance Act,
8 be deposited into the Trust Fund.
9 (b) Moneys deposited into the Trust Fund shall not be
10 considered general revenue of the State of Illinois.
11 (c) Moneys deposited into the Trust Fund shall be used
12 exclusively for the purposes of providing funding for the
13 pre-trial, trial, and post-conviction review in the
14 prosecution and defense of capital cases and shall not be
15 appropriated, loaned, or in any manner transferred to the
16 General Revenue Fund of the State of Illinois.
17 (d) Before July 1, 1999 and before July 1 of each year
18 thereafter, the General Assembly shall appropriate moneys to
19 the Trust Fund for the purpose of making funding available
20 for the prosecution and defense of capital cases. The Cook
21 County Public Defender, the Cook County State's Attorney, the
22 State Appellate Defender, the State's Attorneys Appellate
23 Prosecutor and the Attorney General shall make annual
24 requests for appropriations to the Trust Fund. The Cook
25 County Public Defender shall make requests for appropriations
26 for the funding of the defense of capital trials and appeals
27 in Cook County. The request by the Cook County Public
28 Defender shall include a request for funding for private
29 appointed defense counsel. The Cook County State's Attorney
30 shall make requests for appropriations for the funding of the
31 prosecution of capital litigation in Cook County. The State
32 Appellate Defender, the State's Attorneys Appellate
33 Prosecutor, and the Attorney General, as the case may be,
34 shall request appropriations for the assistance of the
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1 defense and prosecution of capital cases in all counties
2 other than Cook. The Cook County Public Defender, the Cook
3 County State's Attorney, the State Appellate Defender, the
4 State's Attorneys Appellate Prosecutor, and the Attorney
5 General may apply to the General Assembly for supplemental
6 capital litigation funding during the fiscal year.
7 (e) Moneys in the Trust Fund shall be expended only as
8 follows:
9 (1) To pay the State Treasurer's costs to
10 administer the Trust Fund, but for this purpose in an
11 amount not to exceed 5% in any one fiscal year of the
12 amount appropriated under subsection (d) of this Section
13 in the same fiscal year.
14 (2) To pay for trial defense in capital cases,
15 including, but not limited to, pre-trial investigatory
16 and other pre-trial and trial assistance, expert and
17 forensic witnesses, mitigation witnesses, and witnesses
18 for rebuttal of aggravation witnesses, and grants and aid
19 provided to public defenders or assistance to attorneys
20 who have been appointed by the court to represent
21 defendants who are charged with capital crimes. Moneys
22 appropriated to the Fund shall not be used to pay for
23 expert witnesses, investigators and mitigation
24 specialists if those services have been provided by the
25 State Appellate Defender under paragraph (c) (5) of
26 Section 10 of the State Appellate Defender Act.
27 (3) To provide post-conviction counsel in capital
28 cases with investigative services, expert and forensic
29 witness services, and all other services necessary to
30 secure the adequate preparation and presentation of
31 issues related to post-conviction proceedings in the
32 trial court.
33 (4) To pay the fees of attorneys, other than public
34 defenders, who have been appointed by the court to
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1 represent defendants who are charged with capital crimes.
2 (5) To provide State's Attorneys with investigative
3 services, expert and forensic witnesses, and aggravation
4 witnesses or witness for the rebuttal of mitigation
5 witnesses necessary to prosecute capital cases. State's
6 Attorneys outside of Cook County seeking funding for
7 investigative services and expert, forensic, or other
8 witnesses under this Section may petition the court for
9 an order directing payment from the Trust Fund for these
10 purposes. The petition shall be considered in camera.
11 The court shall order periodic billing and payment under
12 this subsection during the course of the trial. Upon the
13 filing of a petition by the State's Attorney for
14 investigative services or expert, forensic, or other
15 witnesses, the circuit court shall enter an order
16 directing the State Treasurer to pay all or a designated
17 portion of the amount requested in the petition from the
18 Trust Fund. This subsection shall not be construed to
19 require State's Attorneys to obtain a court order to
20 receive funding from the State's Attorneys Appellate
21 Prosecutor or from the Attorney General.
22 (6) To provide financial support to the Attorney
23 General and through the Attorney General as required by
24 Section 4 of the Attorney General Act for the several
25 county State's Attorneys outside of Cook County.
26 (7) To provide financial support to the State's
27 Attorney's Appellate Prosecutor under Section 4.10 of the
28 State's Attorneys Appellate Prosecutor's Act for the
29 several county State's Attorneys outside of Cook County.
30 Moneys expended from the Trust Fund shall be in addition
31 to County funding for Public Defenders and State's Attorneys,
32 and shall not be used to supplant or reduce ordinary and
33 customary county funding.
34 (f) Moneys in the Trust Fund shall be appropriated to
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1 the State Treasurer for the purpose of making grants and
2 paying costs, expenses, and fees as provided in this Act. All
3 expenditures and grants made from the Trust Fund shall be
4 subject to audit by the Auditor General.
5 (g) For Cook County, grants from the Trust Fund shall be
6 made and administered as follows:
7 (1) At least 60 days before the beginning of each
8 State fiscal year, the State's Attorney and Public
9 Defender must each make a separate application to the
10 State Treasurer for capital litigation grants.
11 (2) The State Treasurer shall establish rules and
12 procedures for grant applications.
13 (3) The State Treasurer shall make the grants to
14 the State's Attorney and Public Defender as soon as
15 possible after the beginning of the State fiscal year.
16 (4) The State's Attorney or Public Defender may
17 apply for supplemental grants during the fiscal year.
18 (5) Grant moneys shall be paid to the Cook County
19 Treasurer in block grants of the entire amount
20 appropriated by the General Assembly and held in separate
21 accounts for the State's Attorney, the Public Defender,
22 and court appointed defense counsel other than the Cook
23 County Public Defender, respectively, for the designated
24 fiscal year, and are not subject to county appropriation.
25 (6) Expenditure of grant moneys under this
26 subsection (g) is subject to audit by the Auditor
27 General.
28 (7) The Cook County Treasurer shall immediately
29 make payment from the appropriate separate account in the
30 county treasury for capital litigation expenses to the
31 State's Attorney or Public Defender, as the case may be,
32 upon order of the State's Attorney or Public Defender.
33 (h) If a defendant in a capital case in Cook County is
34 represented by court appointed counsel other than the Cook
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1 County Public Defender, the appointed counsel shall petition
2 the court for an order directing the Cook County Treasurer to
3 pay the court appointed counsel's fees and capital litigation
4 expenses from grant moneys provided from the Trust Fund.
5 These petitions shall be considered in camera. Orders
6 denying petitions for expenses are final and appealable.
7 (i) If a county does not obtain direct State funding,
8 and excluding capital litigation expenses or services
9 provided by the State Appellate Defender for expert
10 witnesses, investigators, and mitigation specialists under
11 paragraph (c)(5) of Section 10 of the State Appellate
12 Defender Act:
13 (1) Upon order of the circuit court, the State
14 Treasurer shall immediately make payment from the
15 separate account in the State Treasury for capital
16 litigation expenses of the Public Defender.
17 (2) If a defendant in a capital case is represented
18 by court appointed counsel other than the public
19 defender, the appointed counsel shall petition the court
20 for an order directing the State Treasurer for payment of
21 counsel fees and capital litigation expenses from the
22 separate account.
23 (j) If the Trust Fund is discontinued or dissolved by an
24 Act of the General Assembly or by operation of law, any
25 balance remaining in the Trust Fund shall be returned to the
26 General Revenue Fund after deduction of administrative costs,
27 any other provision of this Act to the contrary
28 notwithstanding.
29 Section 15. The Civil Administrative Code of Illinois is
30 amended by changing Section 55a-4 as follows:
31 (20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
32 Sec. 55a-4. The Division of Forensic Services shall
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1 exercise the following functions:
2 1. to exercise the rights, powers and duties vested by
3 law in the Department by "An Act in relation to criminal
4 identification and investigation", approved July 2, 1931, as
5 amended;
6 2. to exercise the rights, powers and duties vested by
7 law in the Department by subsection (5) of Section 55a of
8 this Act;
9 3. to provide assistance to local law enforcement
10 agencies through training, management and consultant
11 services;
12 4. to exercise the rights, powers and duties vested by
13 law in the Department by "An Act relating to the
14 acquisition, possession and transfer of firearms and firearm
15 ammunition and to provide a penalty for the violation thereof
16 and to make an appropriation in connection therewith",
17 approved August 3, 1967, as amended;
18 5. to exercise other duties which may be assigned by the
19 Director in order to fulfill the responsibilities and achieve
20 the purposes of the Department; and
21 6. to establish and operate a forensic science
22 laboratory system, including a forensic toxicological
23 laboratory service, for the purpose of testing specimens
24 submitted by coroners and other law enforcement officers in
25 their efforts to determine whether alcohol, drugs or
26 poisonous or other toxic substances have been involved in
27 deaths, accidents or illness. Forensic toxicological
28 laboratories shall be established in Springfield, Chicago and
29 elsewhere in the State as needed; and.
30 7. subject to specific appropriations made for these
31 purposes, to establish and coordinate a system for providing
32 accurate and expedited forensic science and other
33 investigative and laboratory services to local law
34 enforcement agencies and local State's Attorneys in aid of
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1 the investigation and trial of capital cases. Assistance in
2 the trial of capital cases includes the direct provision of
3 video cameras and video and other recording and playing or
4 video camera or other recording equipment services to local
5 law enforcement agencies and to local State's Attorneys.
6 (Source: P.A. 90-130, eff. 1-1-98.)
7 Section 20. The State Finance Act is amended by adding
8 Section 5.490 as follows:
9 (30 ILCS 105/5.490 new)
10 Sec. 5.490. Capital Litigation Trust Fund.
11 Section 25. The Counties Code is amended by changing
12 Section 3-9005 and adding Section 3-4006.1 as follows:
13 (55 ILCS 5/3-4006.1 new)
14 Sec. 3-4006.1. Powers and Duties of the Cook County
15 Public Defender. Before July 1, 1999 and before July 1 of
16 each year thereafter, the Cook County Public Defender shall
17 appear before the General Assembly and request appropriations
18 to be made to the Capital Litigation Trust Fund for the
19 purpose of providing defense assistance in capital cases.
20 The Public Defender may appear before the General Assembly at
21 other times during the State's fiscal year to request
22 supplemental appropriations be made to the Trust Fund. The
23 Public Defender shall use such funds as may be appropriated
24 for providing defense services in capital cases.
25 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
26 Sec. 3-9005. Powers and duties of State's attorney.
27 (a) The duty of each State's attorney shall be:
28 (1) To commence and prosecute all actions, suits,
29 indictments and prosecutions, civil and criminal, in the
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1 circuit court for his county, in which the people of the
2 State or county may be concerned.
3 (2) To prosecute all forfeited bonds and
4 recognizances, and all actions and proceedings for the
5 recovery of debts, revenues, moneys, fines, penalties and
6 forfeitures accruing to the State or his county, or to
7 any school district or road district in his county; also,
8 to prosecute all suits in his county against railroad or
9 transportation companies, which may be prosecuted in the
10 name of the People of the State of Illinois.
11 (3) To commence and prosecute all actions and
12 proceedings brought by any county officer in his official
13 capacity.
14 (4) To defend all actions and proceedings brought
15 against his county, or against any county or State
16 officer, in his official capacity, within his county.
17 (5) To attend the examination of all persons
18 brought before any judge on habeas corpus, when the
19 prosecution is in his county.
20 (6) To attend before judges and prosecute charges
21 of felony or misdemeanor, for which the offender is
22 required to be recognized to appear before the circuit
23 court, when in his power so to do.
24 (7) To give his opinion, without fee or reward, to
25 any county officer in his county, upon any question or
26 law relating to any criminal or other matter, in which
27 the people or the county may be concerned.
28 (8) To assist the attorney general whenever it may
29 be necessary, and in cases of appeal from his county to
30 the Supreme Court, to which it is the duty of the
31 attorney general to attend, he shall furnish the attorney
32 general at least 10 days before such is due to be filed,
33 a manuscript of a proposed statement, brief and argument
34 to be printed and filed on behalf of the people, prepared
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1 in accordance with the rules of the Supreme Court.
2 However, if such brief, argument or other document is due
3 to be filed by law or order of court within this 10 day
4 period, then the State's attorney shall furnish such as
5 soon as may be reasonable.
6 (9) To pay all moneys received by him in trust,
7 without delay, to the officer who by law is entitled to
8 the custody thereof.
9 (10) To notify, by first class mail, complaining
10 witnesses of the ultimate disposition of the cases
11 arising from an indictment or an information.
12 (11) To perform such other and further duties as
13 may, from time to time, be enjoined on him by law.
14 (12) To appear in all proceedings by collectors of
15 taxes against delinquent taxpayers for judgments to sell
16 real estate, and see that all the necessary preliminary
17 steps have been legally taken to make the judgment legal
18 and binding.
19 (b) The State's Attorney of each county shall have
20 authority to appoint one or more special investigators to
21 serve subpoenas, make return of process and conduct
22 investigations which assist the State's Attorney in the
23 performance of his duties. A special investigator shall not
24 carry firearms except with permission of the State's Attorney
25 and only while carrying appropriate identification indicating
26 his employment and in the performance of his assigned duties.
27 Subject to the qualifications set forth in this
28 subsection, special investigators shall be peace officers and
29 shall have all the powers possessed by investigators under
30 the State's Attorneys Appellate Prosecutor's Act.
31 No special investigator employed by the State's Attorney
32 shall have peace officer status or exercise police powers
33 unless he or she successfully completes the basic police
34 training course mandated and approved by the Illinois Law
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1 Enforcement Training Standards Board or such board waives the
2 training requirement by reason of the special investigator's
3 prior law enforcement experience or training or both. Any
4 State's Attorney appointing a special investigator shall
5 consult with all affected local police agencies, to the
6 extent consistent with the public interest, if the special
7 investigator is assigned to areas within that agency's
8 jurisdiction.
9 Before a person is appointed as a special investigator,
10 his fingerprints shall be taken and transmitted to the
11 Department of State Police. The Department shall examine its
12 records and submit to the State's Attorney of the county in
13 which the investigator seeks appointment any conviction
14 information concerning the person on file with the
15 Department. No person shall be appointed as a special
16 investigator if he has been convicted of a felony or other
17 offense involving moral turpitude. A special investigator
18 shall be paid a salary and be reimbursed for actual expenses
19 incurred in performing his assigned duties. The county board
20 shall approve the salary and actual expenses and appropriate
21 the salary and expenses in the manner prescribed by law or
22 ordinance.
23 (c) The State's Attorney may request and receive from
24 employers, labor unions, telephone companies, and utility
25 companies location information concerning putative fathers
26 and noncustodial parents for the purpose of establishing a
27 child's paternity or establishing, enforcing, or modifying a
28 child support obligation. In this subsection, "location
29 information" means information about (i) the physical
30 whereabouts of a putative father or noncustodial parent, (ii)
31 the putative father or noncustodial parent's employer, or
32 (iii) the salary, wages, and other compensation paid and the
33 health insurance coverage provided to the putative father or
34 noncustodial parent by the employer of the putative father or
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1 noncustodial parent or by a labor union of which the putative
2 father or noncustodial parent is a member.
3 (d) Before July 1, 1999 and before July 1 of each year
4 thereafter, the State's Attorney of Cook County shall appear
5 before the General Assembly and request appropriations to be
6 made to the Capital Litigation Trust Fund for the purpose of
7 providing assistance in the prosecution of capital cases in
8 Cook County. The State's Attorney may appear before the
9 General Assembly at other times during the State's fiscal
10 year to request supplemental appropriations to the Trust
11 Fund. The State's Attorney shall use such funds as may be
12 appropriated for the prosecution of capital cases in Cook
13 County.
14 (Source: P.A. 88-586, eff. 8-12-94; 89-395, eff. 1-1-96.)
15 Section 30. The Code of Criminal Procedure of 1963 is
16 amended by changing Section 113-3 as follows:
17 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
18 Sec. 113-3. (a) Every person charged with an offense
19 shall be allowed counsel before pleading to the charge. If
20 the defendant desires counsel and has been unable to obtain
21 same before arraignment the court shall recess court or
22 continue the cause for a reasonable time to permit defendant
23 to obtain counsel and consult with him before pleading to the
24 charge. If the accused is a dissolved corporation, and is not
25 represented by counsel, the court may, in the interest of
26 justice, appoint as counsel a licensed attorney of this
27 State.
28 (b) In all cases, except where a sentence of death is an
29 authorized disposition or the penalty is a fine only, if the
30 court determines that the defendant is indigent and desires
31 counsel, the Public Defender shall be appointed as counsel.
32 If there is no Public Defender in the county or if the
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1 defendant requests counsel other than the Public Defender and
2 the court finds that the rights of the defendant will be
3 prejudiced by the appointment of the Public Defender, the
4 court shall appoint as counsel a licensed attorney at law of
5 this State, except that in a county having a population of
6 1,000,000 or more the Public Defender shall be appointed as
7 counsel in all misdemeanor cases where the defendant is
8 indigent and desires counsel unless the case involves
9 multiple defendants, in which case the court may appoint
10 counsel other than the Public Defender for the additional
11 defendants. The court shall require an affidavit signed by
12 any defendant who requests court-appointed counsel. Such
13 affidavit shall be in the form established by the Supreme
14 Court containing sufficient information to ascertain the
15 assets and liabilities of that defendant. The Court may
16 direct the Clerk of the Circuit Court to assist the defendant
17 in the completion of the affidavit. Any person who knowingly
18 files such affidavit containing false information concerning
19 his assets and liabilities shall be liable to the county
20 where the case, in which such false affidavit is filed, is
21 pending for the reasonable value of the services rendered by
22 the public defender or other court-appointed counsel in the
23 case to the extent that such services were unjustly or
24 falsely procured.
25 (c) Upon the filing with the court of a verified
26 statement of services rendered the court shall order the
27 county treasurer of the county of trial to pay counsel other
28 than the Public Defender a reasonable fee. The court shall
29 consider all relevant circumstances, including but not
30 limited to the time spent while court is in session, other
31 time spent in representing the defendant, and expenses
32 reasonably incurred by counsel. In counties with a
33 population greater than 2,000,000, when a death sentence is
34 not an authorized disposition, the court shall order the
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1 county treasurer of the county of trial to pay counsel other
2 than the Public Defender a reasonable fee stated in the order
3 and based upon a rate of compensation of not more than $40
4 for each hour spent while court is in session and not more
5 than $30 for each hour otherwise spent representing a
6 defendant, and such compensation shall not exceed $150 for
7 each defendant represented in misdemeanor cases and $1250 in
8 felony cases, in addition to expenses reasonably incurred as
9 hereinafter in this Section provided, except that, in
10 extraordinary circumstances, payment in excess of the limits
11 herein stated may be made if the trial court certifies that
12 such payment is necessary to provide fair compensation for
13 protracted representation. A trial court may entertain the
14 filing of this verified statement before the termination of
15 the cause, and may order the provisional payment of sums
16 during the pendency of the cause.
17 (c-5) In all cases in which death is an authorized
18 disposition, the appointment and compensation of counsel
19 shall be under the Capital Crimes Litigation Act or as
20 otherwise provided by law.
21 (d) In capital cases, in addition to counsel, if the
22 court determines that the defendant is indigent the court
23 may, upon the filing with the court of a verified statement
24 of services rendered, order the State county Treasurer of the
25 county of trial to pay necessary and reasonable fees for
26 expert witnesses, investigators, and mitigation specialists
27 under the Capital Crimes Litigation Act, except where those
28 witnesses, investigators, and mitigation specialists are
29 provided for or compensated by the State Appellate Defender
30 under paragraph (c)(5) of Section 10 of the State Appellate
31 Defender Act for defendant reasonable compensation stated in
32 the order not to exceed $250 for each defendant.
33 (e) If the court in any county having a population
34 greater than 1,000,000 determines that the defendant is
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1 indigent the court may, upon the filing with the court of a
2 verified statement of such expenses, order the county
3 treasurer of the county of trial, in such counties having a
4 population greater than 1,000,000 to pay the general expenses
5 of the trial incurred by the defendant not to exceed $50 for
6 each defendant. If the Public Defender or other counsel is
7 appointed to represent an indigent defendant in any case in
8 which a death sentence is an authorized disposition, unless
9 the State's Attorney certifies that the death sentence will
10 not be sought, upon the filing of a verified statement of
11 services rendered, the trial court may order the State
12 Treasurer to pay necessary and reasonable costs, including
13 fees for expert witnesses, investigators, and mitigation
14 specialists under the Capital Crimes Litigation Act. The
15 court shall not order payment of attorney's fees for a Public
16 Defender appointed to represent the defendant, nor shall the
17 court order payment for witnesses, investigators, and
18 mitigation specialists where the witnesses, investigators,
19 and mitigation specialists have been provided or compensated
20 by the State Appellate Defender under paragraph (c)(5) of
21 Section 10 of the State Appellate Defender Act.
22 (Source: P.A. 85-1344.)
23 Section 35. The State Appellate Defender Act is amended
24 by changing Section 10 as follows:
25 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
26 Sec. 10. Powers and duties of State Appellate Defender.
27 (a) The State Appellate Defender shall represent
28 indigent persons on appeal in criminal and delinquent minor
29 proceedings, when appointed to do so by a court under a
30 Supreme Court Rule or law of this State.
31 (b) The State Appellate Defender shall submit a budget
32 for the approval of the State Appellate Defender Commission.
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1 (c) The State Appellate Defender may:
2 (1) maintain a panel of private attorneys available
3 to serve as counsel on a case basis;
4 (2) establish programs, alone or in conjunction
5 with law schools, for the purpose of utilizing volunteer
6 law students as legal assistants;
7 (3) cooperate and consult with state agencies,
8 professional associations, and other groups concerning
9 the causes of criminal conduct, the rehabilitation and
10 correction of persons charged with and convicted of
11 crime, the administration of criminal justice, and, in
12 counties of less than 1,000,000 population, study,
13 design, develop and implement model systems for the
14 delivery of trial level defender services, and make an
15 annual report to the General Assembly;
16 (4) provide investigative services to appointed
17 counsel and county public defenders;.
18 (5) in cases in which a death sentence is an
19 authorized disposition, provide trial counsel with the
20 assistance of expert witnesses, investigators, and
21 mitigation specialists from funds appropriated
22 specifically for that purpose by the General Assembly.
23 The Office of State Appellate Defender shall not be
24 appointed to serve as trial counsel in capital cases.
25 (d) Before July 1, 1999 and before July 1 of each year
26 thereafter, the State Appellate Defender shall appear before
27 the General Assembly and request appropriations to be made to
28 the Capital Litigation Trust Fund for the purpose of
29 providing defense assistance in capital cases outside of Cook
30 County. The State Appellate Defender may appear before the
31 General Assembly at other times during the State's fiscal
32 year to request supplemental appropriations to the Trust
33 Fund.
34 The requirement for reporting to the General Assembly
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1 shall be satisfied by filing copies of the report with the
2 Speaker, the Minority Leader and the Clerk of the House of
3 Representatives and the President, the Minority Leader and
4 the Secretary of the Senate and the Legislative Research
5 Unit, as required by Section 3.1 of the General Assembly
6 Organization Act and filing such additional copies with the
7 State Government Report Distribution Center for the General
8 Assembly as is required under paragraph (t) of Section 7 of
9 the State Library Act.
10 (Source: P.A. 86-1210; 87-435; 87-580; 87-614.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.".