summary
Introduced
01/24/2025
01/24/2025
In Committee
01/24/2025
01/24/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Creates the Capital Crimes Litigation Act of 2025. 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 Unified Code of Corrections. 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 2025, which reinstates the death penalty in Illinois for specific types of murder cases. The bill establishes detailed procedures for capital cases, including the appointment and compensation of defense counsel, and creates a Capital Litigation Trust Fund to support the prosecution and defense of death penalty cases. Specifically, the death penalty can be sought when the murder victim is a peace officer, emergency medical technician, corrections employee, or other specified public service worker killed in the course of their duties or in retaliation for their work. The bill outlines a comprehensive process for death penalty sentencing, including separate proceedings to determine eligibility, consideration of aggravating and mitigating factors, and mandatory review by the Illinois Supreme Court. The legislation provides extensive guidelines for how courts should evaluate such cases, including specific criteria for imposing the death penalty and protections to ensure fair consideration of the defendant's circumstances. The bill also includes provisions for funding, legal representation, and procedural safeguards to manage capital litigation across the state, with particular attention to counties with different population sizes and resources.
Sponsors (2)
Last Action
Added as Co-Sponsor Sen. Dave Syverson (on 02/11/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=299&GAID=18&DocTypeID=SB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/SB/10400SB0299.htm |
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