Illinois 97th Regular Session Status: Enacted 1 D cosponsors

HB 5441 — CRIM PRO - STATE APP. DEFENDER

Last action — Public Act . . . . . . . . . 97-1003

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2012. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

What changed in the latest version

5 added · 5 removed

Plain-language change summary

The recent changes to Bill HB 5441 involved the removal of the word "Engrossed" from several lines and its replacement with "Enrolled." This amendment marks a shift in the bill's status, indicating it has passed important stages and is now in its final form. This distinction is significant because it highlights that the bill is closer to becoming law, moving from a draft stage to being officially enrolled for enactment.

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HB5441 Engrossed LRB097 17719 MRW 62933 b AN ACT concerning criminal law.
HB5441 Enrolled LRB097 17719 MRW 62933 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, HB5441 Engrossed - 2 - LRB097 17719 MRW 62933 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;
(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, HB5441 Enrolled - 2 - LRB097 17719 MRW 62933 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;
(ii) in cases in which a sentence of HB5441 Engrossed - 3 - LRB097 17719 MRW 62933 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;
(ii) in cases in which a sentence of HB5441 Enrolled - 3 - LRB097 17719 MRW 62933 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.) For each State fiscal year, the State HB5441 Engrossed - 4 - LRB097 17719 MRW 62933 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.
(d) (Blank.) For each State fiscal year, the State HB5441 Enrolled - 4 - LRB097 17719 MRW 62933 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 HB5441 Engrossed - 5 - LRB097 17719 MRW 62933 b Act.
(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 HB5441 Enrolled - 5 - LRB097 17719 MRW 62933 b Act.
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Action History

  1. Public Act . . . . . . . . . 97-1003

  2. Effective Date August 17, 2012

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 049-006-000

  7. Added as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford

  8. Added as Alternate Co-Sponsor Sen. Emil Jones, III

  9. Placed on Calendar Order of 3rd Reading May 15, 2012

  10. Second Reading

  11. Placed on Calendar Order of 2nd Reading April 19, 2012

  12. Do Pass Criminal Law; 006-000-000

  13. Assigned to Criminal Law

  14. Referred to Assignments

  15. First Reading

  16. Chief Senate Sponsor Sen. Kwame Raoul

  17. Placed on Calendar Order of First Reading

  18. Arrive in Senate

  19. Third Reading - Standard Debate - Passed 077-032-000

  20. Placed on Calendar Order of 3rd Reading - Standard Debate

  21. Second Reading - Standard Debate

  22. Placed on Calendar 2nd Reading - Standard Debate

  23. Do Pass / Standard Debate State Government Administration Committee; 010-007-000

  24. Assigned to State Government Administration Committee

  25. Referred to Rules Committee

  26. First Reading

  27. Filed with the Clerk by Rep. Karen A. Yarbrough

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on · 5 voted No

Sponsors (0)

None.

Co-sponsors (2)

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 49 Yea · 6 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 37603
Democrat 9001
Republican 3000
Total 49604
% of votes cast 83%10%0%7%
How each member voted (59)
Member Party Vote
McCann — Nay
Dillard — Not Voting
Forby — Yea
Noland — Yea
Kotowski — Yea
Link — Yea
Meeks — Yea
Millner — Yea
Mulroe — Yea
Muñoz — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Jacobs — Yea
McGuire — Yea
Johnson, T. — Yea
Trotter — Yea
Sullivan — Yea
Clayborne — Yea
Crotty — Yea
Duffy — Yea
Haine — Yea
Hutchinson — Yea
Cullerton — Yea
Landek — Yea
Brady — Nay
Johnson, C. — Not Voting
Jones, J. — Not Voting
Lauzen — Nay
McCarter — Nay
Cultra — Nay
Frerichs — Yea
Garrett — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
LaHood — Nay
Luechtefeld — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Not Voting
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 77 Yea · 32 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 662704
Democrat 11202
Republican 0302
Total 773208
% of votes cast 66%27%0%7%
How each member voted (117)
Member Party Vote
Brauer — Nay
Brown — Nay
Carli — Yea
McAsey — Yea
Fortner — Yea
Gaffney — Yea
Hays — Nay
Jackson — Yea
Jakobsson — Yea
Jefferson — Yea
Kay — Nay
Leitch — Nay
Williams — Yea
Jones — Yea
Madigan — Yea
Davis, Monique — Yea
McAuliffe — Not Voting
Moffitt — Nay
Brady — Nay
Morthland — Nay
Mulligan — Nay
Mitchell, Bill — Nay
Penny — Yea
Phelps — Yea
Sommer — Nay
Watson — Nay
Mitchell, Jerry — Not Voting
Tryon — Nay
Unes — Nay
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Cavaletto — Nay
Cole — Nay
Cross — Yea
Currie — Yea
D'Amico — Yea
Gordon — Not Voting
Hatcher — Nay
Kosel — Yea
Krezwick — Yea
May — Yea
Mell — Yea
Nekritz — Yea
Lyons — Yea
Senger — Yea
Sente — Yea
Soto — Yea
Thapedi — Yea
Turner — Yea
Verschoore — Yea
Bradley — Yea
McGuire — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Sullivan — Yea
Harris, David — Yea
Harris, Greg — Yea
Hernandez — Yea
Howard — Yea
Coladipietro — Yea
Colvin — Yea
Connelly — Yea
Costello — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Farnham — Yea
Flowers — Yea
Franks — Yea
Golar — Yea
Nybo — Nay
Osmond — Nay
Pihos — Yea
Poe — Nay
Pritchard — Nay
Ramey — Not Voting
Reboletti — Yea
Reis — Nay
Riley — Yea
Roth — Nay
Sacia — Nay
Saviano — Yea
Schmitz — Nay
Lang — Yea
Acevedo — Yea
Arroyo — Yea
Barickman — Nay
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biss — Yea
Mautino — Yea
Bost — Nay
Chapa LaVia — Yea
Du Buclet — Yea
Anthony DeLuca Democrat Yea
Bill Cunningham Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Julie A. Morrison Democrat Nay
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Marcus C. Evans, Jr. Democrat Nay
Michelle Mussman Democrat Yea
Nicholas K. Smith Democrat Not Voting
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Not Voting
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Chapin Rose Republican Not Voting
Jil Tracy Republican Not Voting
Joe C. Sosnowski Republican Nay
Norine K. Hammond Republican Nay
Wayne A. Rosenthal Republican Nay

Official roll call →

Subjects

public-safety civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 5441 do?
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.
Who sponsors HB 5441?
HB 5441 is sponsored by Karen A. Yarbrough and Emil Jones, III (Democrat).
What is the current status of HB 5441?
This bill has been enacted into law. Introduced February 09, 2012. Enacted.
Where can I track HB 5441?
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