HB5912 Summary

• Reinstates Illinois's capital punishment by repealing the 2011 death penalty abolition, allowing courts to impose death sentences for first degree murder convictions when specific aggravating factors are proven beyond reasonable doubt.

• Modifies aggravating factors for death penalty eligibility, including murder of peace officers/corrections employees/firefighters, multiple murders, murder for hire, murders during Class X forcible felonies, torture murders, and murders of witnesses or investigators.

• Establishes the Capital Crimes Litigation Act of 2012 to create a Capital Litigation Trust Fund funded by annual state appropriations to pay for defense counsel (capped at $125/hour), expert witnesses, investigators, and litigation expenses in capital cases.

• Requires courts to appoint qualified counsel immediately in death penalty cases where the state attorney has not waived capital punishment, and mandates separate sentencing hearings with jury or judge consideration of aggravating and mitigating factors.

• Transfers remaining funds from the abolished Death Penalty Abolition Fund into the new Capital Litigation Trust Fund, with monies distributed to state and county prosecutors, public defenders, and the State Appellate Defender for capital case expenses.