Illinois General Assembly - Full Text of HB4287
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Full Text of HB4287  100th General Assembly

HB4287 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4287

 

Introduced , by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/113-3  from Ch. 38, par. 113-3

    Amends the Code of Criminal Procedure of 1963. Provides that the posting of bail by a defendant shall not be a factor when considering if he or she qualifies for the appointment of a Public Defender.


LRB100 15428 SLF 30419 b

 

 

A BILL FOR

 

HB4287LRB100 15428 SLF 30419 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 113-3 as follows:
 
6    (725 ILCS 5/113-3)  (from Ch. 38, par. 113-3)
7    Sec. 113-3. (a) Every person charged with an offense shall
8be allowed counsel before pleading to the charge. If the
9defendant desires counsel and has been unable to obtain same
10before arraignment the court shall recess court or continue the
11cause for a reasonable time to permit defendant to obtain
12counsel and consult with him before pleading to the charge. If
13the accused is a dissolved corporation, and is not represented
14by counsel, the court may, in the interest of justice, appoint
15as counsel a licensed attorney of this State.
16    (b) In all cases, except where the penalty is a fine only,
17if the court determines that the defendant is indigent and
18desires counsel, the Public Defender shall be appointed as
19counsel. The posting of bail by the defendant shall not be a
20factor when considering if he or she qualifies for the
21appointment of a Public Defender. If there is no Public
22Defender in the county or if the defendant requests counsel
23other than the Public Defender and the court finds that the

 

 

HB4287- 2 -LRB100 15428 SLF 30419 b

1rights of the defendant will be prejudiced by the appointment
2of the Public Defender, the court shall appoint as counsel a
3licensed attorney at law of this State, except that in a county
4having a population of 2,000,000 or more the Public Defender
5shall be appointed as counsel in all misdemeanor cases where
6the defendant is indigent and desires counsel unless the case
7involves multiple defendants, in which case the court may
8appoint counsel other than the Public Defender for the
9additional defendants. The court shall require an affidavit
10signed by any defendant who requests court-appointed counsel.
11Such affidavit shall be in the form established by the Supreme
12Court containing sufficient information to ascertain the
13assets and liabilities of that defendant. The Court may direct
14the Clerk of the Circuit Court to assist the defendant in the
15completion of the affidavit. Any person who knowingly files
16such affidavit containing false information concerning his
17assets and liabilities shall be liable to the county where the
18case, in which such false affidavit is filed, is pending for
19the reasonable value of the services rendered by the public
20defender or other court-appointed counsel in the case to the
21extent that such services were unjustly or falsely procured.
22    (c) Upon the filing with the court of a verified statement
23of services rendered the court shall order the county treasurer
24of the county of trial to pay counsel other than the Public
25Defender a reasonable fee. The court shall consider all
26relevant circumstances, including but not limited to the time

 

 

HB4287- 3 -LRB100 15428 SLF 30419 b

1spent while court is in session, other time spent in
2representing the defendant, and expenses reasonably incurred
3by counsel. In counties with a population greater than
42,000,000, the court shall order the county treasurer of the
5county of trial to pay counsel other than the Public Defender a
6reasonable fee stated in the order and based upon a rate of
7compensation of not more than $40 for each hour spent while
8court is in session and not more than $30 for each hour
9otherwise spent representing a defendant, and such
10compensation shall not exceed $150 for each defendant
11represented in misdemeanor cases and $1250 in felony cases, in
12addition to expenses reasonably incurred as hereinafter in this
13Section provided, except that, in extraordinary circumstances,
14payment in excess of the limits herein stated may be made if
15the trial court certifies that such payment is necessary to
16provide fair compensation for protracted representation. A
17trial court may entertain the filing of this verified statement
18before the termination of the cause, and may order the
19provisional payment of sums during the pendency of the cause.
20    (d) In capital cases, in addition to counsel, if the court
21determines that the defendant is indigent the court may, upon
22the filing with the court of a verified statement of services
23rendered, order the county Treasurer of the county of trial to
24pay necessary expert witnesses for defendant reasonable
25compensation stated in the order not to exceed $250 for each
26defendant.

 

 

HB4287- 4 -LRB100 15428 SLF 30419 b

1    (e) If the court in any county having a population greater
2than 2,000,000 determines that the defendant is indigent the
3court may, upon the filing with the court of a verified
4statement of such expenses, order the county treasurer of the
5county of trial, in such counties having a population greater
6than 2,000,000 to pay the general expenses of the trial
7incurred by the defendant not to exceed $50 for each defendant.
8    (f) The provisions of this Section relating to appointment
9of counsel, compensation of counsel, and payment of expenses in
10capital cases apply except when the compensation and expenses
11are being provided under the Capital Crimes Litigation Act.
12(Source: P.A. 91-589, eff. 1-1-00.)