HB4749 Summary

• Restores the death penalty for first degree murder when the victim is a peace officer killed while performing official duties, effective for cases meeting specific aggravating factors under Section 9-1 of the Criminal Code.

• Creates the Capital Crimes Litigation Act of 2021 and establishes the Capital Litigation Trust Fund to provide funding and resources for both prosecution and defense of capital cases, with moneys from the abolished Death Penalty Abolition Fund transferred into it.

• Requires courts to appoint qualified trial counsel for indigent defendants in capital cases at compensation not exceeding $125 per hour, with automatic annual adjustments based on consumer price index, and mandates litigation budgets reviewed by judges.

• Authorizes the State Appellate Defender to provide trial counsel with expert witnesses, investigators, and mitigation specialists in capital cases without serving as trial counsel, funded through appropriations from the Capital Litigation Trust Fund.

• Makes conforming amendments to the Freedom of Information Act and Code of Criminal Procedure regarding confidentiality of defense budgets and compensation petitions in capital cases until trial conclusion.