SB 3489 — CRIM PRO - STATE APP. DEFENDER

*LRB09719836MRW65111b* SB3489 97THEngrossed GENERALLRB097 ASSEMBLY19836 StateMRW of65111 Illinoisb andAN 2012ACT SB3489concerning Introducedcriminal 2/7/2012,law. by Sen.

Kwame Raoul SYNOPSIS AS INTRODUCED:

ILCS 105/10 from Ch.

38, par.

208-10 Amends State Appellate Defender Act.

Deletes the discretionary duty of the State Appellate Defender to provide assistance to trial counsel in capital cases.

Adds the discretionary duty to provide training, assistance of expert witnesses, and investigators to public defenders from funds appropriated for those purposes.

Prohibits the State Appellate Defender from being appointed as trial counsel.

Deletes authority of investigators for the Capital Trial Assistance Unit and Capital Post Conviction Unit to access the Law Enforcement Agencies Data System (LEADS) for witness background checks.

Deletes the authority for the State Appellate Defender to request appropriations from the Capital Litigation Trust Fund for capital case expenses in assisting trial counsel, representing petitioners in post-conviction proceedings, and in defending cases in counties other than Cook County.

Effective immediately.

LRB097 19836 MRW 65111 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB3489 LRB097 19836 MRW 65111 b AN ACT concerning criminal law.

(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, SB3489 Engrossed - 2 - LRB097 19836 MRW 65111 b the administration of criminal justice, and, in counties of less than 1,000,000 population, study, design, develop and implement model systems for the delivery of trial level defender services, and make an annual report to the General Assembly;

(5) (Blank.)(blank); in cases in which a death sentence is an authorized disposition, 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.

in cases in which a death sentence is an authorized disposition, 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.

(ii) in cases in which a sentence of SB3489 Engrossed - 3 - LRB097 19836 MRW 65111 b 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;

(d) (Blank.)(Blank). For each State fiscal year, the State SB3489 - 4 - LRB097 19836 MRW 65111 b 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.

For each State fiscal year, the State SB3489 Engrossed - 4 - LRB097 19836 MRW 65111 b 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.

(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 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 SB3489 Engrossed - 5 - LRB097 19836 MRW 65111 b Act.