HB 5441

Abstract

Amends State Appellate Defender Act. Deletes the discretionary duty of the State Appellate Defender to provide assistance to trial counsel in capital cases. Adds the discretionary duty to provide training, assistance of expert witnesses, and investigators to public defenders from funds appropriated for those purposes. Prohibits the State Appellate Defender from being appointed as trial counsel. Deletes authority of investigators for the Capital Trial Assistance Unit and Capital Post Conviction Unit to access the Law Enforcement Agencies Data System (LEADS) for witness background checks. Deletes the authority for the State Appellate Defender to request appropriations from the Capital Litigation Trust Fund for capital case expenses in assisting trial counsel, representing petitioners in post-conviction proceedings, and in defending cases in counties other than Cook County. Effective immediately.