CAPITAL CRIME-PUBLIC PLACES

Session: 103rd General Assembly
Year: 2023
Bill #: HB1493
Category: Public Safety and Law Enforcement
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Amends the Code of Criminal Procedure of 1963. Provides that a defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to the penalty for a capital offense if the murdered individual was killed in or on the grounds of a religious institution, public or private school, community college, college, university, child care facility, or a public place. Defines terms. Enacts the Capital Crimes Litigation Act of 2023. Provides specified funding and resources for cases in which a sentence for a capital offense is an authorized disposition. Creates the Capital Litigation Trust Fund. Provides that all unobligated and unexpended money in the Death Penalty Abolition Fund are transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a sentence for a capital offense is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of the State Appellate Defender shall not be appointed to serve as trial counsel in capital cases. Amends the Freedom of Information Act, the State Finance Act, and the Criminal Code of 2012 to make conforming changes.



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