SB2109 Summary

• Reinstates the death penalty in Illinois and creates the Capital Crimes Litigation Act of 2019 to govern capital case procedures, reversing the 2011 abolition of capital punishment.

• Establishes a Capital Litigation Trust Fund to be administered by the State Treasurer and funded through annual appropriations from the General Revenue Fund to pay for prosecution and defense of capital cases.

• Modifies aggravating factors for death penalty eligibility, eliminating several previous factors (contract killing, drug-related murders, witness intimidation) while retaining others (killing of peace officers, multiple murders, torture).

• Requires court-appointed trial counsel in capital cases to be compensated at up to $125 per hour (with annual cost-of-living adjustments), with budgets approved by judges and expenses reviewed ex parte under seal.

• Restricts the State Appellate Defender Office from serving as trial counsel in capital cases but authorizes it to provide assistance (investigators, experts, mitigation specialists) to appointed trial counsel using Capital Litigation Trust Fund appropriations.