summary
Introduced
02/09/2023
02/09/2023
In Committee
02/09/2023
02/09/2023
Crossed Over
Passed
Dead
01/08/2025
01/08/2025
Introduced Session
103rd General Assembly
Bill Summary
Creates the Capital Crimes Litigation Act of 2023. Provides that if an indigent defendant is charged with an offense for which a sentence of death is authorized, and the State's Attorney has not, at or before arraignment, filed a certificate indicating he or she will not seek the death penalty or stated on the record in open court that the death penalty will not be sought, the trial court shall immediately appoint the Public Defender, or any other qualified attorney or attorneys as the Illinois Supreme Court shall by rule provide, to represent the defendant as trial counsel. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Trust Fund shall be used exclusively for the purposes of providing funding for the prosecution and defense of capital cases and for providing funding for post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Criminal Code of 2012. Reinstates the death penalty if: (1) the murdered individual was a peace officer, fireman, an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes.
AI Summary
This bill creates the Capital Crimes Litigation Act of 2023, which reinstates the death penalty in Illinois under certain circumstances. The key provisions include:
- Requiring the immediate appointment of the Public Defender or other qualified attorneys to represent indigent defendants charged with an offense for which the death penalty is authorized, unless the State's Attorney indicates they will not seek the death penalty.
- Establishing the Capital Litigation Trust Fund to provide funding for the prosecution and defense of capital cases, as well as post-conviction proceedings. The Fund will receive an annual transfer from the General Revenue Fund and be administered by the State Treasurer.
- Amending the Criminal Code to reinstate the death penalty if the murdered individual was a peace officer, firefighter, emergency medical personnel, or Department of Corrections employee killed in the course of their duties.
- Making conforming changes to the Freedom of Information Act, Code of Criminal Procedure, and State Appellate Defender Act to accommodate the new capital litigation process and Trust Fund.
The bill aims to reinstate the death penalty in Illinois under specific circumstances involving the murder of certain public safety and corrections personnel.
Sponsors (1)
Last Action
Session Sine Die (on 01/07/2025)
Bill Topics
Law, Crime, and Family Issues
- ‐ Court Administration
- ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2114&GAID=17&DocTypeID=SB&SessionID=112&GA=103 | 02/09/2023 |
| BillText | https://www.ilga.gov/legislation/103/SB/10300SB2114.htm | 02/09/2023 |
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