HB 4637

Abstract

Creates the Capital Crimes Litigation Act of 2022. 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. Provides that a defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if: (1) the murdered individual was a peace officer, firefighter, community policing volunteer, private security officer, correctional institution employee, a person performing duties related to the Adult Protective Services Act or ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons, or a Department of Children and Family Services employee who was killed: (i) in the course of performing his or her official duties; (ii) to prevent the performance of his or her official duties; or (iii) in retaliation for performing his or her official duties; and (2) the defendant knew or should have known the murdered individual's status. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes.