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IL SB2130

IL SB2130
REINSTATE DEATH PENALTY


summary

Introduced
02/07/2025
In Committee
02/07/2025
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 appoint the Public Defender or another qualified attorney to represent the defendant. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Fund shall be used exclusively to provide funding for the prosecution and defense of capital cases and 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, 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 the status of the murdered individual; (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; or (3) the murdered individual was an investigator or caseworker with the Adult Protective Services Program or an ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, an investigator or employee of the Department of Children and Family Services, or a special agent with the Illinois Liquor Control Commission or the Department of Revenue. 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 and effectively reinstates the death penalty in Illinois under specific circumstances. The bill establishes that the death penalty can be imposed if a murder victim was a peace officer, first responder, corrections employee, protective services worker, or other specified public service professional, and the defendant knew or should have known the victim's status. The bill creates detailed procedures for death penalty cases, including requiring a separate sentencing proceeding where a jury must unanimously find aggravating factors exist and weigh them against potential mitigating factors. The bill also establishes a Capital Litigation Trust Fund to provide funding for the prosecution and defense of capital cases, with specific provisions for compensation of court-appointed attorneys and expert witnesses. Notably, the bill includes safeguards such as automatic Supreme Court review of death sentences and provisions for decertifying a case as a capital case if the evidence is deemed insufficient. The legislation amends several existing laws to support the reinstatement of capital punishment and provides comprehensive guidelines for its implementation, including considerations of the defendant's mental state, criminal history, and the specific circumstances of the murder.

Sponsors (1)

Last Action

Referred to Assignments (on 02/07/2025)

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