97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2973

 

Introduced 2/1/2012, by Sen. Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-4006  from Ch. 34, par. 3-4006

    Amends the Counties Code. Makes a technical change in a Section concerning the duties of the Public Defender.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
53-4006 as follows:
 
6    (55 ILCS 5/3-4006)  (from Ch. 34, par. 3-4006)
7    Sec. 3-4006. Duties of public defender. The The Public
8Defender, as directed by the court, shall act as attorney,
9without fee, before any court within any county for all persons
10who are held in custody or who are charged with the commission
11of any criminal offense, and who the court finds are unable to
12employ counsel.
13    The Public Defender shall be the attorney, without fee,
14when so appointed by the court under Section 1-20 of the
15Juvenile Court Act or Section 1-5 of the Juvenile Court Act of
161987 or by any court under Section 5(b) of the Parental Notice
17of Abortion Act of 1983 for any party who the court finds is
18financially unable to employ counsel.
19    Every court shall, with the consent of the defendant and
20where the court finds that the rights of the defendant would be
21prejudiced by the appointment of the public defender, appoint
22counsel other than the public defender, except as otherwise
23provided in Section 113-3 of the "Code of Criminal Procedure of

 

 

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11963". That counsel shall be compensated as is provided by law.
2He shall also, in the case of the conviction of any such
3person, prosecute any proceeding in review which in his
4judgment the interests of justice require.
5(Source: P.A. 86-962.)