WeVote
Log In

Bill

Bill

SB 1200

REINSTATES DEATH SENTENCE

104th Regular Session Introduced by Andrew Chesney

Reinstates the death penalty and creates a Capital Litigation Trust Fund to fund trial counsel, experts, and OSAD support for capital cases.

0
WeVote Research Nonpartisan
Bill Summary · SB 1200

SB 1200 — "Capital Crimes Litigation Act of 2025" (reinstates death penalty) — Summary

Note: Multiple different bills labeled SB 1200 appear in the materials provided. This summary focuses on the version titled or described as reinstating the death penalty (the Illinois LRB draft titled the Capital Crimes Litigation Act of 2025), which contains the substantive criminal‑justice changes described below.

Purpose / Intent

Reinstate capital punishment as an available sentence for qualifying crimes and establish the statutory, procedural, and funding framework for litigating capital cases (trial counsel appointment, funding for experts/investigation, and a capital litigation trust fund).

Key provisions

  • Reinstatement of death penalty

    • Eliminates the statutory provision that abolished the sentence of death and restores death as an authorized disposition for specified capital offenses (amendments to the Code of Criminal Procedure and Unified Code of Corrections). The draft indicates additions and removals of aggravating factors (text excerpted — specifics not provided in full).

  • Creation / re‑establishment of funding

    • Re‑establishes a Capital Litigation Trust Fund (special fund in the state treasury).
    • Directs that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date be transferred into the Capital Litigation Trust Fund.

  • Role and limits of the Office of the State Appellate Defender (OSAD)

    • Requires the State Appellate Defender to provide trial counsel with legal assistance and access to expert witnesses, investigators, and mitigation specialists — funded from appropriations specifically for that purpose.
    • Prohibits the OSAD office itself from being appointed to serve as trial counsel in capital trials (OSAD may assist but not take primary trial appointment).

  • Appointment, budgets, and compensation for court‑appointed trial counsel

    • When an indigent defendant faces an offense punishable by death, the court must appoint the public defender or other qualified attorneys per Supreme Court rule at arraignment if the State indicates it will seek death.
    • Trial counsel must, after adequate case review and before engaging substantial trial assistance, submit a proposed estimated litigation budget for court approval.
    • Budgets are maintained under seal to protect privileges and defense strategy.
    • Budgets are reviewed by the trial judge and the presiding judge (or designee); court may adjust budgets as case develops.
    • Counsel may procure investigative or expert services without prior authorization if necessary; such expenditures may later be reviewed ex parte and authorized nunc pro tunc; payment may be denied if services are unreasonable.
    • Compensation: court‑appointed trial counsel may be paid at a reasonable rate not to exceed $125 per hour (claims must be itemized and certified by the circuit court). The proposal includes automatic CPI‑U adjustments to authorized rates/payments (partial text in excerpt).

  • Miscellaneous

    • Conforming amendments to the State Appellate Defender Act and State Finance Act.
    • Effective date specified in the draft: January 1, 2026.

Who is affected

  • Defendants charged with offenses eligible for death penalty sentencing.
  • Public defenders, court‑appointed attorneys, and the State Appellate Defender’s office (support roles and new limits).
  • Prosecutors and trial courts (new appointment and budgeting duties).
  • State government finances (creation of trust fund; anticipated higher litigation, incarceration, and appellate costs).
  • Victims, victim families, and communities impacted by capital prosecutions.

Procedural / timeline notes

  • Draft indicates an effective date of January 1, 2026.
  • The excerpted legislative text is incomplete in places (e.g., exact changes to aggravating factors are noted but not fully shown). Final fiscal impacts depend on appropriations to the Capital Litigation Trust Fund and appellate/defense spending levels.

Potential fiscal and operational impacts (high‑level)

  • Increased short‑term state and local costs for capital trials (extensive pretrial investigation, expert witnesses, mitigation specialists) and long‑term corrections and appellate costs.
  • Administrative burden on courts to review sealed budgets and on OSAD/state agencies to coordinate support.
  • Funding mechanism provided by transferring balances from the prior Death Penalty Abolition Fund; additional General Assembly appropriations will likely be required.

If you want, I can:
- Extract and summarize the specific statutory sections that would be amended,
- Produce a side‑by‑side of current law vs. the proposed changes for key sections (trial counsel appointment, compensation, and aggravating factors), or
- Estimate likely fiscal impacts based on comparable jurisdictions’ capital‑case costs.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.