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90_SB1629
725 ILCS 5/121-13 from Ch. 38, par. 121-13
Amends the Code of Criminal Procedure of 1963.
Eliminates the maximum fees that the reviewing court may
allow an indigent defendant's counsel for compensation and
reimbursement of expenditures necessarily incurred in the
prosecution of a criminal felony appeal or review
proceedings.
LRB9007983RCks
LRB9007983RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 121-13.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 121-13 as follows:
7 (725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
8 Sec. 121-13. Pauper Appeals.
9 (a) In any case wherein the defendant was convicted of a
10 felony, if the court determines that the defendant desires
11 counsel on appeal but is indigent the Public Defender or the
12 State Appellate Defender shall be appointed as counsel,
13 unless with the consent of the defendant and for good cause
14 shown, the court may appoint counsel other than the Public
15 Defender or the State Appellate Defender.
16 (b) In any case wherein the defendant was convicted of a
17 felony and a sentence of death was not imposed in the trial
18 court the reviewing court, upon petition of the defendant's
19 counsel made not more frequently than every 60 days after
20 appointment, shall determine a reasonable amount to be
21 allowed an indigent defendant's counsel other than the Public
22 Defender or the State Appellate Defender for compensation and
23 reimbursement of expenditures necessarily incurred in the
24 prosecution of the appeal or review proceedings. The
25 compensation shall not exceed $1500 in each case, except
26 that, in extraordinary circumstances, payment in excess of
27 the limits herein stated may be made if the reviewing court
28 certifies that the payment is necessary to provide fair
29 compensation for protracted representation. The reviewing
30 court shall enter an order directing the county treasurer of
31 the county where the case was tried to pay the amount allowed
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1 by the court. The reviewing court may order the provisional
2 payment of sums during the pendency of the cause.
3 (c) In any case in which a sentence of death was imposed
4 in the trial court, the Supreme Court, upon written petition
5 of the defendant's counsel made not more than every 60 days
6 after appointment, shall determine reasonable compensation
7 for an indigent defendant's attorneys on appeal. The
8 compensation shall not exceed $2,000 in each case, except
9 that, in extraordinary circumstances, payment in excess of
10 the limits herein stated may be made if the reviewing court
11 certifies that the payment is necessary to provide fair
12 compensation for protracted representation. The Supreme
13 Court shall enter an order directing the county treasurer of
14 the county where the case was tried to pay compensation and
15 reimburse expenditures necessarily incurred in the
16 prosecution of the appeal or review proceedings. The Supreme
17 Court may order the provisional payment of sums during the
18 pendency of the cause.
19 (Source: P.A. 86-318; 87-580.)