Illinois General Assembly - Illinois Compiled Statutes

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725 ILCS 5/113-3

(725 ILCS 5/113-3) (from Ch. 38, par. 113-3)

Sec. 113-3.

(a) Every person charged with an offense shall be
allowed counsel before pleading to the charge.  If the defendant desires
counsel and has been unable to obtain same before arraignment the court
shall recess court or continue the cause for a reasonable time to permit
defendant to obtain counsel and consult with him before pleading to the
charge. If the accused is a dissolved corporation, and is not represented
by counsel, the court may, in the interest of justice, appoint as counsel a
licensed attorney of this State.

(b) In all cases, except where
the penalty is a fine only, if the
court determines that the defendant is indigent and desires counsel, the
Public Defender shall be appointed as counsel.  If there is no Public
Defender in the county or if the defendant requests counsel other than
the Public Defender and the court finds that the rights of the defendant
will be prejudiced by the appointment of the Public Defender, the court
shall appoint as counsel a licensed attorney at law of this State,
except that in a county having a population of 2,000,000 or
more the
Public Defender shall be appointed as counsel in all misdemeanor cases
where the defendant is indigent and desires counsel unless the case
involves multiple defendants, in which case the court may appoint
counsel other than the Public Defender for the additional defendants.
The court shall require an affidavit signed by any defendant who
requests court-appointed counsel.  Such affidavit shall be in the form
established by the Supreme Court containing
sufficient information to ascertain the assets and liabilities of that
defendant.  The Court may direct the Clerk of the Circuit Court to
assist the defendant in the completion of the affidavit.  Any person who
knowingly files such affidavit containing false information concerning
his assets and  liabilities shall be liable to the county where the
case, in which such false affidavit is filed, is pending for the
reasonable value of the services rendered by the public defender or
other court-appointed counsel in the case to the extent that such
services were unjustly or falsely procured.

(c) Upon the filing with the court of a verified statement of
services rendered the court shall order the county treasurer of the
county of trial to pay counsel other than the Public Defender a reasonable fee.
The court shall consider all relevant circumstances, including but not limited
to the time spent while court is in session, other time spent in representing
the defendant, and expenses reasonably incurred by counsel.  In counties
with a population greater than 2,000,000,
the court shall order the county
treasurer of the county of trial to pay counsel other than the Public Defender
a reasonable fee stated in the order and based upon a rate of compensation
of not more than $40 for each hour spent while court is in session and
not more than $30 for each hour otherwise spent representing a
defendant, and such compensation shall not  exceed $150 for each
defendant represented in misdemeanor cases and $1250 in felony cases, in
addition to expenses reasonably incurred as hereinafter in this Section
provided, except that, in extraordinary circumstances, payment in excess
of the limits herein stated may be made if the trial court certifies
that such payment is necessary to provide fair compensation for
protracted representation.  A trial court may entertain the filing of this
verified statement before the termination of the cause, and may order the
provisional payment of sums during the pendency of the cause.

(d) In capital cases, in addition to counsel, if the court
determines that the defendant is indigent the court may, upon the filing
with the court of a verified statement of services rendered, order the
county Treasurer of the county of trial to pay necessary expert
witnesses for defendant reasonable compensation stated in the order not
to exceed $250 for each defendant.

(e) If the court in any county having a population greater than
2,000,000 determines that the defendant is indigent the court
may, upon the filing with the court of a verified statement of such expenses,
order the county treasurer of the county of trial, in such counties
having a population greater than 2,000,000 to pay the general
expenses of the trial incurred by the defendant not to exceed $50 for each
defendant.

(f) The provisions of this Section relating to appointment of counsel,
compensation of counsel, and payment of expenses
in capital cases apply except when the compensation and expenses are being
provided under the Capital Crimes Litigation Act.

(Source: P.A. 91-589, eff. 1-1-00.)