SB3540 Summary

• Reinstates the death penalty in Illinois for first-degree murder when the victim is a peace officer, correctional employee, or religious congregation member, and the defendant was at least 18 years old at the time of the offense.

• Establishes the Capital Crimes Litigation Act of 2024, creating a Capital Litigation Trust Fund to provide funding for prosecution and defense of capital cases, with specific appropriation procedures for Cook County and other counties.

• Requires appointment of qualified trial counsel (not the State Appellate Defender) in capital cases, with compensation capped at $125 per hour plus court-approved litigation budgets for expert witnesses, investigators, and mitigation specialists.

• Specifies aggravating factors that allow death penalty consideration (including cold, calculated murder; torture; drug crimes; prison murders) and mitigating factors (including mental disturbance, abuse history, reduced capacity) for jury or court consideration.

• Implements automatic appellate review of death sentences by the Illinois Supreme Court with authority to overturn sentences found to be "fundamentally unjust," and provides procedures for decertification of capital cases based on weak evidence.