REINSTATES DEATH SENTENCE
SB1200 would repeal Illinois’ current statutory abolition of the death penalty and create a new framework for capital punishment under the “Capital Crimes Litigation Act of 2025.” The bill re-establishes a Capital Litigation Trust Fund, transfers remaining money from the existing Death Penalty Abolition Fund into that new fund, and sets out how capital-case defense and prosecution costs would be financed and administered. It also directs the State Appellate Defender to provide specialized assistance in death-eligible cases, including expert witnesses, investigators, and mitigation specialists, while prohibiting that office from serving as trial counsel in capital cases.
The bill amends criminal procedure and sentencing law to restore death as a possible sentence for certain first degree murder cases and to revise the aggravating factors that can make a defendant death-eligible. It also adds procedures for appointment of counsel, sealed and ex parte litigation budgets, compensation rules for appointed attorneys, and funding mechanisms for Cook County and downstate capital litigation. In addition, it makes conforming changes to the Freedom of Information Act and the State Finance Act, and it would take effect January 1, 2026.
If enacted, SB1200 would substantially change Illinois criminal law by reversing the state’s abolition of the death penalty and reintroducing capital sentencing for specified murders. It would amend the Code of Criminal Procedure, the Unified Code of Corrections, the State Appellate Defender Act, the State Finance Act, and the Freedom of Information Act, while creating a new special fund to pay for capital prosecution, defense, and post-conviction litigation. The bill would affect indigent defendants, court-appointed defense counsel, public defenders, prosecutors, the Attorney General, the State Appellate Defender, and county treasurers, especially in Cook County.
The bill text and caption indicate a clear pro-death-penalty objective, but no committee transcripts or recorded votes were provided, so there is no documented legislative debate or vote history to gauge broader support or opposition. Based on the substance of the measure, it is likely to be viewed as a major policy reversal from current Illinois law and therefore highly controversial. The absence of recorded discussion means the available record does not show any formal sentiment beyond the sponsor’s intent to reinstate capital punishment.
The main points of contention are likely to be the reinstatement of the death penalty itself, the creation and funding of a dedicated capital litigation trust fund, and the expanded role of state and county actors in capital cases. The bill also raises procedural and transparency issues by requiring sealed, ex parte budget and compensation proceedings and exempting related records from FOIA until the end of trial and appeal. Additional controversy may arise over the bill’s changes to aggravating factors, the allocation of state versus county funding responsibilities, and the decision to bar the State Appellate Defender from serving as trial counsel while still requiring that office to provide specialized capital-case assistance.