SB3198 Summary

• Reinstates the death penalty in Illinois for first-degree murder when the victim is a peace officer, firefighter, emergency medical technician, or correctional facility employee killed during the performance of their official duties, or to prevent/in retaliation for performing those duties, with the defendant's knowledge of the victim's status.

• Creates the Capital Crimes Litigation Act of 2024 establishing procedures for appointing qualified trial counsel in capital cases and sets compensation at a maximum of $125 per hour for appointed defense counsel.

• Creates the Capital Litigation Trust Fund to provide state funding for prosecution and defense of capital cases, including expert witnesses, investigators, and mitigation specialists, with separate appropriation procedures for Cook County and other counties.

• Requires mandatory separate sentencing proceedings before jury or court to determine if death penalty aggravating factors exist, and provides specific mitigating factors that must be considered before imposing a death sentence.

• Repeals the Death Penalty Abolition Fund and makes conforming changes to the Freedom of Information Act, Code of Criminal Procedure, and State Appellate Defender Act.