IL HB5337

Reinstates the death penalty for first-degree murder of a peace officer killed while performing official duties, or to prevent/in retaliation for official duties, when the defendant knew or should have known the victim was a peace officer.

Creates the Capital Crimes Litigation Act of 2022 and Capital Litigation Trust Fund to provide funding, investigators, expert witnesses, and mitigation specialists for capital case prosecution and defense.

Establishes compensation for appointed trial counsel in capital cases at up to $125 per hour, with automatic annual adjustments based on consumer price index, and requires court approval of litigation budgets.

Transfers unobligated moneys from the Death Penalty Abolition Fund to the Capital Litigation Trust Fund and makes Trust Fund moneys available exclusively for capital case expenses for prosecutors, public defenders, and post-conviction proceedings.

Amends the State Appellate Defender Act to authorize providing trial counsel with expert witnesses, investigators, and mitigation specialists in capital cases, while prohibiting the State Appellate Defender office itself from serving as trial counsel.