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90_SB1630
725 ILCS 5/113-3 from Ch. 38, par. 113-3
725 ILCS 5/113-3.1 from Ch. 38, par. 113-3.1
Amends the Code of Criminal Procedure of 1963. Makes
various changes concerning defendants who are financially
unable to hire counsel, including: the criteria under which a
defendant may be entitled to court-appointed counsel;
procedures for applying for appointment of counsel; the
amount of fees to which court-appointed counsel is entitled
and procedures pertaining to payment of fees of
court-appointed counsel; payment of fees of expert witnesses
in capital cases; payment of general trial expenses incurred
by a defendant; orders requiring a defendant to pay a
reasonable sum as reimbursement for the costs of
court-appointed counsel; the use of bond to pay the costs of
court-appointed counsel; and other related matters.
LRB9007982RCks
LRB9007982RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Sections 113-3 and 113-3.1.
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 Sections 113-3 and 113-3.1 as follows:
7 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
8 Sec. 113-3. (a) Every person charged with an offense
9 shall be allowed counsel before pleading to the charge. If
10 the defendant desires counsel and has been unable to obtain
11 counsel same before arraignment the court shall recess court
12 or continue the cause for a reasonable time to permit the
13 defendant to obtain counsel and consult with counsel him
14 before pleading to the charge. If the accused is a dissolved
15 corporation, and is not represented by counsel, the court
16 may, in the interest of justice, appoint as counsel an a
17 licensed attorney licensed to practice law in of this State.
18 (b) In all cases where the offense is punishable by
19 incarceration, except where the penalty is a fine only, if
20 the court determines that the defendant is financially unable
21 to employ counsel indigent and desires counsel, the Public
22 Defender shall be appointed as counsel. If there is no
23 Public Defender in the county or if the defendant requests
24 counsel other than the Public Defender and the court finds
25 that the rights of the defendant will be prejudiced by the
26 appointment of the Public Defender, the court shall appoint
27 an attorney licensed to practice law in as counsel a licensed
28 attorney at law of this State, except that in a county having
29 a population of 1,000,000 or more the Public Defender shall
30 be appointed as counsel in all misdemeanor cases where the
31 defendant is financially unable to employ counsel indigent
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1 and desires counsel unless the case involves multiple
2 defendants, in which case the court may appoint counsel other
3 than the Public Defender for the additional defendants. The
4 court shall require a verified application an affidavit
5 signed by any defendant who requests court-appointed counsel.
6 Such application affidavit shall be in a the form established
7 by the Supreme Court and shall contain containing sufficient
8 information to allow the court to ascertain the financial
9 ability of the defendant to hire counsel or pay all or part
10 of the cost of appointed counsel. The court may direct that
11 the defendant be given assistance in the preparation of the
12 application; however, the Public Defender shall not
13 participate in its preparation assets and liabilities of that
14 defendant. The Court may direct the Clerk of the Circuit
15 Court to assist the defendant in the completion of the
16 affidavit. Any person who knowingly files such application
17 affidavit containing false information concerning his assets,
18 and liabilities, and money received from all sources shall be
19 liable to the county where the case, in which such false
20 affidavit is filed, is pending for the reasonable value of
21 the services rendered by the public defender or other
22 court-appointed counsel in the case to the extent that such
23 services were unjustly or falsely procured.
24 (c) Upon the filing with the court of a verified
25 statement of services rendered the court shall order the
26 county treasurer of the county of trial to pay counsel other
27 than the Public Defender a reasonable fee. The court shall
28 consider all relevant circumstances, including but not
29 limited to the time spent while court is in session, other
30 time spent in representing the defendant, and expenses
31 reasonably incurred by counsel. In counties with a
32 population greater than 2,000,000, the court shall order the
33 county treasurer of the county of trial to pay counsel other
34 than the Public Defender a reasonable fee stated in the order
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1 and based upon a rate of compensation of not more than $40
2 for each hour spent while court is in session and not more
3 than $30 for each hour otherwise spent representing a
4 defendant, and such compensation shall not exceed $150 for
5 each defendant represented in misdemeanor cases and $1250 in
6 felony cases, in addition to expenses reasonably incurred as
7 hereinafter in this Section provided, except that, in
8 extraordinary circumstances, payment in excess of the limits
9 herein stated may be made if the trial court certifies that
10 such payment is necessary to provide fair compensation for
11 protracted representation. The A trial court may allow
12 entertain the filing of this verified statement during the
13 pendency before the termination of the cause, and may order
14 that payment be made to counsel before the termination the
15 provisional payment of sums during the pendency of the cause.
16 (d) In capital cases, in addition to counsel, if the
17 court determines that the defendant is financially unable to
18 pay indigent the court may, upon the filing with the court of
19 an application to employ expert witnesses a verified
20 statement of services rendered, order the county treasurer of
21 the county of trial to pay the cost for necessary expert
22 witnesses for defendant reasonable compensation stated in the
23 order not to exceed $250 for each defendant.
24 (e) If the court in any county having a population
25 greater than 1,000,000 determines that the defendant is
26 financially unable to pay the general expenses of trial
27 indigent the court may, upon the filing with the court of a
28 verified statement of such expenses, order the county
29 treasurer of the county of trial, in such counties having a
30 population greater than 1,000,000 to pay the general expenses
31 of the trial incurred by the defendant not to exceed $50 for
32 each defendant.
33 (Source: P.A. 85-1344.)
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1 (725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)
2 Sec. 113-3.1. Payment for Court-Appointed Counsel.
3 (a) Whenever under either Section 113-3 of this Code or
4 Rule 607 of the Illinois Supreme Court the court appoints
5 counsel to represent a defendant, the court may order the
6 defendant to pay to the Clerk of the Circuit Court a
7 reasonable sum to reimburse either the county or the State
8 for such representation. In a hearing to determine the amount
9 of the payment, the court shall consider the application for
10 appointment of counsel filed affidavit prepared by the
11 defendant under Section 113-3 of this Code and any other
12 information pertaining to the defendant's ability to pay
13 financial circumstances which may be submitted by the
14 parties. The Such hearing shall be conducted on the court's
15 own motion or on motion of the State's Attorney at any time
16 after the appointment of counsel but no later than 30 90 days
17 after the entry of a final order disposing of the case at the
18 trial level.
19 (b) (Blank). Any sum ordered paid under this Section may
20 not exceed $500 for a defendant charged with a misdemeanor,
21 $5,000 for a defendant charged with a felony, or $2,500 for a
22 defendant who is appealing a conviction of any class offense.
23 (c) The method of any payment required under this
24 Section shall be as specified by the Court. The court may
25 order that payments be made on a periodic monthly basis
26 during the term of representation; however, any money the sum
27 deposited as money bond shall not be used to satisfy any
28 payment order while the terms of the bond are in force this
29 court order. Any sum deposited as money bond with the Clerk
30 of the Circuit Court under Section 110-7 of this Code may be
31 used in the court's discretion in whole or in part to comply
32 with any payment order entered in accordance with paragraph
33 (a) of this Section. The court may give special consideration
34 to the interests of relatives or other third parties who may
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1 have posted a money bond on the behalf of the defendant to
2 secure his release. At any time prior to full payment of any
3 payment order the court on its own motion or the motion of
4 any party may reduce, increase, or suspend the ordered
5 payment, or modify the method of payment, as the interest of
6 fairness may require. No increase, suspension, or reduction
7 of payment may be ordered without a hearing and notice to all
8 parties.
9 (d) The Supreme Court or the circuit courts may provide
10 by rule for procedures for the enforcement of orders entered
11 under this Section. Such rules may provide for the assessment
12 of all costs, including attorneys' fees which are required
13 for the enforcement of orders entered under this Section when
14 the court in an enforcement proceeding has first found that
15 the defendant has willfully refused to pay. The Clerk of the
16 Circuit Court shall keep records and make reports to the
17 court concerning funds paid under this Section in whatever
18 manner the court directs.
19 (e) Whenever an order is entered under this Section for
20 the reimbursement of the State due to the appointment of the
21 State Appellate Defender as counsel on appeal, the order
22 shall provide that the amounts paid under the order shall be
23 payable to the Clerk of the Circuit Court. The Clerk of the
24 Circuit Court shall remit all of funds that he or she
25 receives under this subsection (e) to the State Treasurer on
26 a semi-annual basis shall retain all funds paid pursuant to
27 such order until the full amount of the sum ordered to be
28 paid by the defendant has been paid. When no balance remains
29 due on such order, the Clerk of the Circuit Court shall
30 inform the court of this fact and the court shall promptly
31 order the Clerk of the Circuit Court to pay to the State
32 Treasurer all of the sum paid.
33 (f) The Clerk of the Circuit Court shall retain all
34 funds under this Section paid for the reimbursement of the
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1 county, and shall inform the court when no balance remains
2 due on an order entered hereunder. The Clerk of the Circuit
3 Court shall make payments of funds collected under this
4 Section to the County Treasurer in whatever manner and at
5 whatever point as the court may direct, including payments
6 made on a monthly basis during the term of representation.
7 (g) A defendant who fails to obey any order of court
8 entered under this Section may be punished for contempt of
9 court. Any arrearage in payments may be reduced to judgment
10 in the court's discretion and collected by any means
11 authorized for the collection of money judgments under the
12 law of this State.
13 (Source: P.A. 88-394.)