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91_SB0574ham003
LRB9106370WHmbam02
1 AMENDMENT TO SENATE BILL 574
2 AMENDMENT NO. . Amend Senate Bill 574, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 1. Short title. This Act may be cited as the
6 Capital Crimes Litigation Act.
7 Section 5. Appointment of trial counsel in death penalty
8 cases. 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, at or before arraignment, filed a
11 certificate indicating he or she will not seek the death
12 penalty or stated on the record in open court that the death
13 penalty will not be sought, the trial court shall immediately
14 appoint the Public Defender, or such other qualified attorney
15 or attorneys as the Illinois Supreme Court shall by rule
16 provide, to represent the defendant as trial counsel. If the
17 Public Defender is appointed, he or she shall immediately
18 assign such attorney or attorneys who are public defenders to
19 represent the defendant. The counsel shall meet the
20 qualifications as the Supreme Court shall by rule provide.
21 Section 10. Court appointed trial counsel; compensation
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1 and expenses.
2 (a) This Section applies only to compensation and
3 expenses of trial counsel appointed by the court as set forth
4 in Section 5, other than public defenders, for the period
5 after arraignment and so long as the State's Attorney has
6 not, at any time, filed a certificate indicating he or she
7 will not seek the death penalty or stated on the record in
8 open court that the death penalty will not be sought.
9 (b) Appointed trial counsel shall be compensated upon
10 presentment and certification by the circuit court of a claim
11 for services detailing the date, activity, and time duration
12 for which compensation is sought. Compensation for appointed
13 trial counsel may be paid at a reasonable rate not to exceed
14 $125 per hour.
15 Beginning in 2001, every January 20, the statutory rate
16 prescribed in this subsection shall be automatically
17 increased or decreased, as applicable, by a percentage equal
18 to the percentage change in the consumer price index-u during
19 the preceding 12-month calendar year. "Consumer price
20 index-u" means the index published by the Bureau of Labor
21 Statistics of the United States Department of Labor that
22 measures the average change in prices of goods and services
23 purchased by all urban consumers, United States city average,
24 all items, 1982-84=100. The new rate resulting from each
25 annual adjustment shall be determined by the State Treasurer
26 and made available to the chief judge of each judicial
27 circuit.
28 (c) Appointed trial counsel may also petition the court
29 for certification of expenses for reasonable and necessary
30 capital litigation expenses including, but not limited to,
31 investigatory and other assistance, expert, forensic, and
32 other witnesses, and mitigation specialists. Counsel may not
33 petition for certification of expenses that may have been
34 provided or compensated by the State Appellate Defender under
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1 item (c)(5) of Section 10 of the State Appellate Defender
2 Act.
3 (d) Appointed trial counsel shall petition the court for
4 certification of compensation and expenses under this Section
5 periodically during the course of counsel's representation.
6 If the court determines that the compensation and expenses
7 should be paid from the Capital Litigation Trust Fund, the
8 court shall certify, on a form created by the State
9 Treasurer, that all or a designated portion of the amount
10 requested is reasonable, necessary, and appropriate for
11 payment from the Trust Fund. Certification of compensation
12 and expenses by a court in any county other than Cook County
13 shall be delivered by the court to the State Treasurer and
14 paid by the State Treasurer directly from the Capital
15 Litigation Trust Fund if there are sufficient moneys in the
16 Trust Fund to pay the compensation and expenses.
17 Certification of compensation and expenses by a court in Cook
18 County shall be delivered by the court to the county
19 treasurer and paid by the county treasurer from moneys
20 granted to the county from the Capital Litigation Trust Fund.
21 Section 15. Capital Litigation Trust Fund.
22 (a) The Capital Litigation Trust Fund is created as a
23 special fund in the State Treasury. The Trust Fund shall be
24 administered by the State Treasurer to provide moneys for the
25 appropriations to be made, grants to be awarded, and
26 compensation and expenses to be paid under this Act. All
27 interest earned from the investment or deposit of moneys
28 accumulated in the Trust Fund shall, under Section 4.1 of the
29 State Finance Act, be deposited into the Trust Fund.
30 (b) Moneys deposited into the Trust Fund shall not be
31 considered general revenue of the State of Illinois.
32 (c) Moneys deposited into the Trust Fund shall be used
33 exclusively for the purposes of providing funding for the
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1 prosecution and defense of capital cases as provided in this
2 Act and shall not be appropriated, loaned, or in any manner
3 transferred to the General Revenue Fund of the State of
4 Illinois.
5 (d) Every fiscal year the State Treasurer shall transfer
6 from the General Revenue Fund to the Capital Litigation Trust
7 Fund an amount equal to the full amount of moneys
8 appropriated by the General Assembly (both by original and
9 supplemental appropriation), less any unexpended balance from
10 the previous fiscal year, from the Capital Litigation Trust
11 Fund for the specific purpose of making funding available for
12 the prosecution and defense of capital cases. The Public
13 Defender and State's Attorney in Cook County, the State
14 Appellate Defender, the State's Attorneys Appellate
15 Prosecutor, and the Attorney General shall make annual
16 requests for appropriations from the Trust Fund.
17 (1) The Public Defender in Cook County shall
18 request appropriations to the State Treasurer for
19 expenses incurred by the Public Defender and for funding
20 for private appointed defense counsel in Cook County.
21 (2) The State's Attorney in Cook County shall
22 request an appropriation to the State Treasurer for
23 expenses incurred by the State's Attorney.
24 (3) The State Appellate Defender shall request a
25 direct appropriation from the Trust Fund for expenses
26 incurred by the State Appellate Defender in providing
27 assistance to trial attorneys under item (c)(5) of
28 Section 10 of the State Appellate Defender Act and an
29 appropriation to the State Treasurer for payments from
30 the Trust Fund for the defense of cases in counties other
31 than Cook County.
32 (4) The State's Attorneys Appellate Prosecutor
33 shall request a direct appropriation from the Trust Fund
34 to pay expenses incurred by the State's Attorneys
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1 Appellate Prosecutor and an appropriation to the State
2 Treasurer for payments from the Trust Fund for expenses
3 incurred by State's Attorneys in counties other than Cook
4 County.
5 (5) The Attorney General shall request a direct
6 appropriation from the Trust Fund to pay expenses
7 incurred by the Attorney General in assisting the State's
8 Attorneys in counties other than Cook County.
9 The Public Defender and State's Attorney in Cook County,
10 the State Appellate Defender, the State's Attorneys Appellate
11 Prosecutor, and the Attorney General may each request
12 supplemental appropriations from the Trust Fund during the
13 fiscal year.
14 (e) Moneys in the Trust Fund shall be expended only as
15 follows:
16 (1) To pay the State Treasurer's costs to
17 administer the Trust Fund. The amount for this purpose
18 may not exceed 5% in any one fiscal year of the amount
19 otherwise appropriated from the Trust Fund in the same
20 fiscal year.
21 (2) To pay the capital litigation expenses of trial
22 defense including, but not limited to, investigatory and
23 other assistance, expert, forensic, and other witnesses,
24 and mitigation specialists, and grants and aid provided
25 to public defenders or assistance to attorneys who have
26 been appointed by the court to represent defendants who
27 are charged with capital crimes.
28 (3) To pay the compensation of trial attorneys,
29 other than public defenders, who have been appointed by
30 the court to represent defendants who are charged with
31 capital crimes.
32 (4) To provide State's Attorneys with funding for
33 capital litigation expenses including, but not limited
34 to, investigatory and other assistance and expert,
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1 forensic, and other witnesses necessary to prosecute
2 capital cases. State's Attorneys in any county other
3 than Cook County seeking funding for capital litigation
4 expenses including, but not limited to, investigatory and
5 other assistance and expert, forensic, or other witnesses
6 under this Section may request that the State's Attorneys
7 Appellate Prosecutor or the Attorney General, as the case
8 may be, certify the expenses as reasonable, necessary,
9 and appropriate for payment from the Trust Fund, on a
10 form created by the State Treasurer. Upon certification
11 of the expenses and delivery of the certification to the
12 State Treasurer, the Treasurer shall pay the expenses
13 directly from the Capital Litigation Trust Fund if there
14 are sufficient moneys in the Trust Fund to pay the
15 expenses.
16 (5) To provide financial support through the
17 Attorney General pursuant to the Attorney General Act for
18 the several county State's Attorneys outside of Cook
19 County, but shall not be used to increase personnel for
20 the Attorney General's Office.
21 (6) To provide financial support through the
22 State's Attorneys Appellate Prosecutor pursuant to the
23 State's Attorneys Appellate Prosecutor's Act for the
24 several county State's Attorneys outside of Cook County,
25 but shall not be used to increase personnel for the
26 State's Attorneys Appellate Prosecutor.
27 (7) To provide financial support to the State
28 Appellate Defender pursuant to the State Appellate
29 Defender Act.
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 Appellate Defender, the State's Attorneys Appellate
2 Prosecutor, the Attorney General, and the State Treasurer.
3 The State Appellate Defender shall receive an appropriation
4 from the Trust Fund to enable it to provide assistance to
5 appointed defense counsel throughout the State and to Public
6 Defenders in counties other than Cook. The State's Attorneys
7 Appellate Prosecutor and the Attorney General shall receive
8 appropriations from the Trust Fund to enable them to provide
9 assistance to State's Attorneys in counties other than Cook
10 County. Moneys shall be appropriated to the State Treasurer
11 to enable the Treasurer (i) to make grants to Cook County,
12 (ii) to pay the expenses of Public Defenders and State's
13 Attorneys in counties other than Cook County, (iii) to pay
14 the expenses and compensation of appointed defense counsel in
15 counties other than Cook County, and (iv) to pay the costs of
16 administering the Trust Fund. All expenditures and grants
17 made from the Trust Fund shall be subject to audit by the
18 Auditor General.
19 (g) For Cook County, grants from the Trust Fund shall be
20 made and administered as follows:
21 (1) For each State fiscal year, the State's
22 Attorney and Public Defender must each make a separate
23 application to the State Treasurer for capital litigation
24 grants.
25 (2) The State Treasurer shall establish rules and
26 procedures for grant applications. The rules shall
27 require the Cook County Treasurer as the grant recipient
28 to report on a periodic basis to the State Treasurer how
29 much of the grant has been expended, how much of the
30 grant is remaining, and the purposes for which the grant
31 has been used. The rules may also require the Cook
32 County Treasurer to certify on a periodic basis that
33 expenditures of the funds have been made for expenses
34 that are reasonable, necessary, and appropriate for
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1 payment from the Trust Fund.
2 (3) The State Treasurer shall make the grants to
3 the Cook County Treasurer as soon as possible after the
4 beginning of the State fiscal year.
5 (4) The State's Attorney or Public Defender may
6 apply for supplemental grants during the fiscal year.
7 (5) Grant moneys shall be paid to the Cook County
8 Treasurer in block grants and held in separate accounts
9 for the State's Attorney, the Public Defender, and court
10 appointed defense counsel other than the Cook County
11 Public Defender, respectively, for the designated fiscal
12 year, and are not subject to county appropriation.
13 (6) Expenditure of grant moneys under this
14 subsection (g) is subject to audit by the Auditor
15 General.
16 (7) The Cook County Treasurer shall immediately
17 make payment from the appropriate separate account in the
18 county treasury for capital litigation expenses to the
19 State's Attorney, Public Defender, or court appointed
20 defense counsel other than the Public Defender, as the
21 case may be, upon order of the State's Attorney, Public
22 Defender or the court, respectively.
23 (h) If a defendant in a capital case in Cook County is
24 represented by court appointed counsel other than the Cook
25 County Public Defender, the appointed counsel shall petition
26 the court for an order directing the Cook County Treasurer to
27 pay the court appointed counsel's reasonable and necessary
28 compensation and capital litigation expenses from grant
29 moneys provided from the Trust Fund. These petitions shall be
30 considered in camera. Orders denying petitions for
31 compensation or expenses are final. Counsel may not petition
32 for expenses that may have been provided or compensated by
33 the State Appellate Defender under item (c)(5) of Section 10
34 of the State Appellate Defender Act.
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1 (i) In counties other than Cook County, and excluding
2 capital litigation expenses or services that may have been
3 provided by the State Appellate Defender under item (c)(5) of
4 Section 10 of the State Appellate Defender Act:
5 (1) Upon certification by the circuit court, on a
6 form created by the State Treasurer, that all or a
7 portion of the expenses are reasonable, necessary, and
8 appropriate for payment from the Trust Fund and the
9 court's delivery of the certification to the Treasurer,
10 the Treasurer shall pay the certified expenses of Public
11 Defenders from the money appropriated to the Treasurer
12 for capital litigation expenses of Public Defenders in
13 any county other than Cook County, if there are
14 sufficient moneys in the Trust Fund to pay the expenses.
15 (2) If a defendant in a capital case is represented
16 by court appointed counsel other than the Public
17 Defender, the appointed counsel shall petition the court
18 to certify compensation and capital litigation expenses
19 including, but not limited to, investigatory and other
20 assistance, expert, forensic, and other witnesses, and
21 mitigation specialists as reasonable, necessary, and
22 appropriate for payment from the Trust Fund. Upon
23 certification on a form created by the State Treasurer of
24 all or a portion of the compensation and expenses
25 certified as reasonable, necessary, and appropriate for
26 payment from the Trust Fund and the court's delivery of
27 the certification to the Treasurer, the State Treasurer
28 shall pay the certified compensation and expenses from
29 the money appropriated to the Treasurer for that purpose,
30 if there are sufficient moneys in the Trust Fund to make
31 those payments.
32 (3) A petition for capital litigation expenses
33 under this subsection shall be considered in camera.
34 Orders denying petitions for compensation or expenses are
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1 final.
2 (j) If the Trust Fund is discontinued or dissolved by an
3 Act of the General Assembly or by operation of law, any
4 balance remaining in the Trust Fund shall be returned to the
5 General Revenue Fund after deduction of administrative costs,
6 any other provision of this Act to the contrary
7 notwithstanding.
8 Section 19. Report; repeal.
9 (a) The Cook County Public Defender, the Cook County
10 State's Attorney, the State Appellate Defender, the State's
11 Attorneys Appellate Prosecutor, and the Attorney General
12 shall each report separately to the General Assembly by
13 January 1, 2004 detailing the amounts of money received by
14 them through this Act, the uses for which those funds were
15 expended, the balances then in the Capital Litigation Trust
16 Fund or county accounts, as the case may be, dedicated to
17 them for the use and support of Public Defenders, appointed
18 trial defense counsel, and State's Attorneys, as the case may
19 be. The report shall describe and discuss the need for
20 continued funding through the Fund and contain any
21 suggestions for changes to this Act.
22 (b) Unless the General Assembly provides otherwise, this
23 Act is repealed on July 1, 2004.
24 Section 20. The Civil Administrative Code of Illinois is
25 amended by changing Section 55a-4 as follows:
26 (20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
27 Sec. 55a-4. The Division of Forensic Services shall
28 exercise the following functions:
29 1. to exercise the rights, powers and duties vested by
30 law in the Department by "An Act in relation to criminal
31 identification and investigation", approved July 2, 1931, as
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1 amended;
2 2. to exercise the rights, powers and duties vested by
3 law in the Department by subsection (5) of Section 55a of
4 this Act;
5 3. to provide assistance to local law enforcement
6 agencies through training, management and consultant
7 services;
8 4. to exercise the rights, powers and duties vested by
9 law in the Department by "An Act relating to the
10 acquisition, possession and transfer of firearms and firearm
11 ammunition and to provide a penalty for the violation thereof
12 and to make an appropriation in connection therewith",
13 approved August 3, 1967, as amended;
14 5. to exercise other duties which may be assigned by the
15 Director in order to fulfill the responsibilities and achieve
16 the purposes of the Department; and
17 6. to establish and operate a forensic science
18 laboratory system, including a forensic toxicological
19 laboratory service, for the purpose of testing specimens
20 submitted by coroners and other law enforcement officers in
21 their efforts to determine whether alcohol, drugs or
22 poisonous or other toxic substances have been involved in
23 deaths, accidents or illness. Forensic toxicological
24 laboratories shall be established in Springfield, Chicago and
25 elsewhere in the State as needed; and.
26 7. subject to specific appropriations made for these
27 purposes, to establish and coordinate a system for providing
28 accurate and expedited forensic science and other
29 investigative and laboratory services to local law
30 enforcement agencies and local State's Attorneys in aid of
31 the investigation and trial of capital cases.
32 (Source: P.A. 90-130, eff. 1-1-98.)
33 Section 23. The State Finance Act is amended by adding
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1 Section 5.490 as follows:
2 (30 ILCS 105/5.490 new)
3 Sec. 5.490. Capital Litigation Trust Fund.
4 Section 25. The Counties Code is amended by changing
5 Section 3-9005 and adding Section 3-4006.1 as follows:
6 (55 ILCS 5/3-4006.1 new)
7 Sec. 3-4006.1. Powers and Duties of the Cook County
8 Public Defender. For each State fiscal year, the Cook County
9 Public Defender shall appear before the General Assembly and
10 request appropriations to be made from the Capital Litigation
11 Trust Fund to the State Treasurer for the purpose of
12 providing trial defense assistance in capital cases. The
13 Public Defender may appear before the General Assembly at
14 other times during the State's fiscal year to request
15 supplemental appropriations be made from the Trust Fund to
16 the State Treasurer.
17 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
18 Sec. 3-9005. Powers and duties of State's attorney.
19 (a) The duty of each State's attorney shall be:
20 (1) To commence and prosecute all actions, suits,
21 indictments and prosecutions, civil and criminal, in the
22 circuit court for his county, in which the people of the
23 State or county may be concerned.
24 (2) To prosecute all forfeited bonds and
25 recognizances, and all actions and proceedings for the
26 recovery of debts, revenues, moneys, fines, penalties and
27 forfeitures accruing to the State or his county, or to
28 any school district or road district in his county; also,
29 to prosecute all suits in his county against railroad or
30 transportation companies, which may be prosecuted in the
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1 name of the People of the State of Illinois.
2 (3) To commence and prosecute all actions and
3 proceedings brought by any county officer in his official
4 capacity.
5 (4) To defend all actions and proceedings brought
6 against his county, or against any county or State
7 officer, in his official capacity, within his county.
8 (5) To attend the examination of all persons
9 brought before any judge on habeas corpus, when the
10 prosecution is in his county.
11 (6) To attend before judges and prosecute charges
12 of felony or misdemeanor, for which the offender is
13 required to be recognized to appear before the circuit
14 court, when in his power so to do.
15 (7) To give his opinion, without fee or reward, to
16 any county officer in his county, upon any question or
17 law relating to any criminal or other matter, in which
18 the people or the county may be concerned.
19 (8) To assist the attorney general whenever it may
20 be necessary, and in cases of appeal from his county to
21 the Supreme Court, to which it is the duty of the
22 attorney general to attend, he shall furnish the attorney
23 general at least 10 days before such is due to be filed,
24 a manuscript of a proposed statement, brief and argument
25 to be printed and filed on behalf of the people, prepared
26 in accordance with the rules of the Supreme Court.
27 However, if such brief, argument or other document is due
28 to be filed by law or order of court within this 10 day
29 period, then the State's attorney shall furnish such as
30 soon as may be reasonable.
31 (9) To pay all moneys received by him in trust,
32 without delay, to the officer who by law is entitled to
33 the custody thereof.
34 (10) To notify, by first class mail, complaining
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1 witnesses of the ultimate disposition of the cases
2 arising from an indictment or an information.
3 (11) To perform such other and further duties as
4 may, from time to time, be enjoined on him by law.
5 (12) To appear in all proceedings by collectors of
6 taxes against delinquent taxpayers for judgments to sell
7 real estate, and see that all the necessary preliminary
8 steps have been legally taken to make the judgment legal
9 and binding.
10 (b) The State's Attorney of each county shall have
11 authority to appoint one or more special investigators to
12 serve subpoenas, make return of process and conduct
13 investigations which assist the State's Attorney in the
14 performance of his duties. A special investigator shall not
15 carry firearms except with permission of the State's Attorney
16 and only while carrying appropriate identification indicating
17 his employment and in the performance of his assigned duties.
18 Subject to the qualifications set forth in this
19 subsection, special investigators shall be peace officers and
20 shall have all the powers possessed by investigators under
21 the State's Attorneys Appellate Prosecutor's Act.
22 No special investigator employed by the State's Attorney
23 shall have peace officer status or exercise police powers
24 unless he or she successfully completes the basic police
25 training course mandated and approved by the Illinois Law
26 Enforcement Training Standards Board or such board waives the
27 training requirement by reason of the special investigator's
28 prior law enforcement experience or training or both. Any
29 State's Attorney appointing a special investigator shall
30 consult with all affected local police agencies, to the
31 extent consistent with the public interest, if the special
32 investigator is assigned to areas within that agency's
33 jurisdiction.
34 Before a person is appointed as a special investigator,
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1 his fingerprints shall be taken and transmitted to the
2 Department of State Police. The Department shall examine its
3 records and submit to the State's Attorney of the county in
4 which the investigator seeks appointment any conviction
5 information concerning the person on file with the
6 Department. No person shall be appointed as a special
7 investigator if he has been convicted of a felony or other
8 offense involving moral turpitude. A special investigator
9 shall be paid a salary and be reimbursed for actual expenses
10 incurred in performing his assigned duties. The county board
11 shall approve the salary and actual expenses and appropriate
12 the salary and expenses in the manner prescribed by law or
13 ordinance.
14 (c) The State's Attorney may request and receive from
15 employers, labor unions, telephone companies, and utility
16 companies location information concerning putative fathers
17 and noncustodial parents for the purpose of establishing a
18 child's paternity or establishing, enforcing, or modifying a
19 child support obligation. In this subsection, "location
20 information" means information about (i) the physical
21 whereabouts of a putative father or noncustodial parent, (ii)
22 the putative father or noncustodial parent's employer, or
23 (iii) the salary, wages, and other compensation paid and the
24 health insurance coverage provided to the putative father or
25 noncustodial parent by the employer of the putative father or
26 noncustodial parent or by a labor union of which the putative
27 father or noncustodial parent is a member.
28 (d) For each State fiscal year, the State's Attorney of
29 Cook County shall appear before the General Assembly and
30 request appropriations to be made from the Capital Litigation
31 Trust Fund to the State Treasurer for the purpose of
32 providing assistance in the prosecution of capital cases in
33 Cook County. The State's Attorney may appear before the
34 General Assembly at other times during the State's fiscal
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1 year to request supplemental appropriations from the Trust
2 Fund to the State Treasurer.
3 (Source: P.A. 88-586, eff. 8-12-94; 89-395, eff. 1-1-96.)
4 Section 30. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 113-3 as follows:
6 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
7 Sec. 113-3. (a) Every person charged with an offense
8 shall be allowed counsel before pleading to the charge. If
9 the defendant desires counsel and has been unable to obtain
10 same before arraignment the court shall recess court or
11 continue the cause for a reasonable time to permit defendant
12 to obtain counsel and consult with him before pleading to the
13 charge. If the accused is a dissolved corporation, and is not
14 represented by counsel, the court may, in the interest of
15 justice, appoint as counsel a licensed attorney of this
16 State.
17 (b) In all cases, except where the penalty is a fine
18 only, if the court determines that the defendant is indigent
19 and desires counsel, the Public Defender shall be appointed
20 as counsel. If there is no Public Defender in the county or
21 if the defendant requests counsel other than the Public
22 Defender and the court finds that the rights of the defendant
23 will be prejudiced by the appointment of the Public Defender,
24 the court shall appoint as counsel a licensed attorney at law
25 of this State, except that in a county having a population of
26 2,000,000 1,000,000 or more the Public Defender shall be
27 appointed as counsel in all misdemeanor cases where the
28 defendant is indigent and desires counsel unless the case
29 involves multiple defendants, in which case the court may
30 appoint counsel other than the Public Defender for the
31 additional defendants. The court shall require an affidavit
32 signed by any defendant who requests court-appointed counsel.
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1 Such affidavit shall be in the form established by the
2 Supreme Court containing sufficient information to ascertain
3 the assets and liabilities of that defendant. The Court may
4 direct the Clerk of the Circuit Court to assist the defendant
5 in the completion of the affidavit. Any person who knowingly
6 files such affidavit containing false information concerning
7 his assets and liabilities shall be liable to the county
8 where the case, in which such false affidavit is filed, is
9 pending for the reasonable value of the services rendered by
10 the public defender or other court-appointed counsel in the
11 case to the extent that such services were unjustly or
12 falsely procured.
13 (c) Upon the filing with the court of a verified
14 statement of services rendered the court shall order the
15 county treasurer of the county of trial to pay counsel other
16 than the Public Defender a reasonable fee. The court shall
17 consider all relevant circumstances, including but not
18 limited to the time spent while court is in session, other
19 time spent in representing the defendant, and expenses
20 reasonably incurred by counsel. In counties with a
21 population greater than 2,000,000, the court shall order the
22 county treasurer of the county of trial to pay counsel other
23 than the Public Defender a reasonable fee stated in the order
24 and based upon a rate of compensation of not more than $40
25 for each hour spent while court is in session and not more
26 than $30 for each hour otherwise spent representing a
27 defendant, and such compensation shall not exceed $150 for
28 each defendant represented in misdemeanor cases and $1250 in
29 felony cases, in addition to expenses reasonably incurred as
30 hereinafter in this Section provided, except that, in
31 extraordinary circumstances, payment in excess of the limits
32 herein stated may be made if the trial court certifies that
33 such payment is necessary to provide fair compensation for
34 protracted representation. A trial court may entertain the
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1 filing of this verified statement before the termination of
2 the cause, and may order the provisional payment of sums
3 during the pendency of the cause.
4 (d) In capital cases, in addition to counsel, if the
5 court determines that the defendant is indigent the court
6 may, upon the filing with the court of a verified statement
7 of services rendered, order the county Treasurer of the
8 county of trial to pay necessary expert witnesses for
9 defendant reasonable compensation stated in the order not to
10 exceed $250 for each defendant.
11 (e) If the court in any county having a population
12 greater than 2,000,000 1,000,000 determines that the
13 defendant is indigent the court may, upon the filing with the
14 court of a verified statement of such expenses, order the
15 county treasurer of the county of trial, in such counties
16 having a population greater than 2,000,000 1,000,000 to pay
17 the general expenses of the trial incurred by the defendant
18 not to exceed $50 for each defendant.
19 (f) The provisions of this Section relating to
20 appointment of counsel, compensation of counsel, and payment
21 of expenses in capital cases apply except when the
22 compensation and expenses are being provided under the
23 Capital Crimes Litigation Act.
24 (Source: P.A. 85-1344.)
25 Section 35. The State Appellate Defender Act is amended
26 by changing Section 10 as follows:
27 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
28 Sec. 10. Powers and duties of State Appellate Defender.
29 (a) The State Appellate Defender shall represent
30 indigent persons on appeal in criminal and delinquent minor
31 proceedings, when appointed to do so by a court under a
32 Supreme Court Rule or law of this State.
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1 (b) The State Appellate Defender shall submit a budget
2 for the approval of the State Appellate Defender Commission.
3 (c) The State Appellate Defender may:
4 (1) maintain a panel of private attorneys available
5 to serve as counsel on a case basis;
6 (2) establish programs, alone or in conjunction
7 with law schools, for the purpose of utilizing volunteer
8 law students as legal assistants;
9 (3) cooperate and consult with state agencies,
10 professional associations, and other groups concerning
11 the causes of criminal conduct, the rehabilitation and
12 correction of persons charged with and convicted of
13 crime, the administration of criminal justice, and, in
14 counties of less than 1,000,000 population, study,
15 design, develop and implement model systems for the
16 delivery of trial level defender services, and make an
17 annual report to the General Assembly;
18 (4) provide investigative services to appointed
19 counsel and county public defenders;.
20 (5) in cases in which a death sentence is an
21 authorized disposition, provide trial counsel with the
22 assistance of expert witnesses, investigators, and
23 mitigation specialists from funds appropriated to the
24 State Appellate Defender specifically for that purpose by
25 the General Assembly. The Office of State Appellate
26 Defender shall not be appointed to serve as trial counsel
27 in capital cases.
28 (d) For each State fiscal year, the State Appellate
29 Defender shall appear before the General Assembly and request
30 appropriations to be made from the Capital Litigation Trust
31 Fund to the State Treasurer for the purpose of providing
32 defense assistance in capital cases outside of Cook County.
33 The State Appellate Defender may appear before the General
34 Assembly at other times during the State's fiscal year to
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1 request supplemental appropriations from the Trust Fund to
2 the State Treasurer.
3 (e) The requirement for reporting to the General
4 Assembly shall be satisfied by filing copies of the report
5 with the Speaker, the Minority Leader and the Clerk of the
6 House of Representatives and the President, the Minority
7 Leader and the Secretary of the Senate and the Legislative
8 Research Unit, as required by Section 3.1 of the General
9 Assembly Organization Act and filing such additional copies
10 with the State Government Report Distribution Center for the
11 General Assembly as is required under paragraph (t) of
12 Section 7 of the State Library Act.
13 (Source: P.A. 86-1210; 87-435; 87-580; 87-614.)
14 Section 99. Effective date. This Act takes effect on
15 January 1, 2000.".