HB 3318

Abstract

Provides that if and only if the provisions of Senate Bill 3539 of the 96th General Assembly become law, creates the First Degree Murder Litigation Act. Provides that if an indigent defendant is charged with first degree murder and the State's Attorney has not filed a certificate indicating he or she will seek a plea negotiation to reduce the charges from first degree murder to a lesser offense or stated on the record in open court that he or she will seek a plea negotiation to reduce the charges from first degree murder to a lesser offense, the trial court shall immediately appoint the Public Defender, or such other qualified attorney or attorneys as the Illinois Supreme Court shall by rule provide, to represent the defendant. If the Public Defender is appointed he or she shall immediately assign the attorney or attorneys to represent the defendant. Provides that the assigned attorneys shall meet the qualifications as the Supreme Court shall by rule provide. Provides that the assigned attorneys shall receive compensation at a rate not to exceed $125 per hour, adjusted annually for inflation. Creates the First Degree Murder Litigation Trust Fund as a special fund in the State treasury. Provides that money deposited into the Trust Fund shall be used exclusively for the purposes of providing funding for the pre-trial, trial, and post-conviction review in the prosecution and defense of first degree murder cases and shall not be appropriated, loaned, or in any manner transferred to the General Revenue Fund of the State of Illinois. Amends various Acts to make conforming changes.