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| Public Act 104-0482 | ||||
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AN ACT concerning local government. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Counties Code is amended by changing | ||||
Section 3-4006 as follows: | ||||
(55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006) | ||||
Sec. 3-4006. Duties of public defender. The public | ||||
defender Public Defender, as directed by the court, shall act | ||||
as attorney, without fee, before any court within any county | ||||
for all persons who are held in custody or who are charged with | ||||
the commission of any criminal offense, and who the court | ||||
finds are unable to employ counsel. | ||||
The public defender Public Defender shall be the attorney, | ||||
without fee, when so appointed by the court under Section 1-5 | ||||
of the Juvenile Court Act of 1987. | ||||
In cases subject to Section 5-170 of the Juvenile Court | ||||
Act of 1987 involving a minor who was under 15 years of age at | ||||
the time of the commission of the offense, that occurs in a | ||||
county with a full-time public defender office, a public | ||||
defender, without fee or appointment, may represent and have | ||||
access to a minor during a custodial interrogation. In cases | ||||
subject to Section 5-170 of the Juvenile Court Act of 1987 | ||||
involving a minor who was under 15 years of age at the time of | ||||
the commission of the offense, that occurs in a county without | ||
a full-time public defender, the law enforcement agency | ||
conducting the custodial interrogation shall ensure that the | ||
minor is able to consult with an attorney who is under contract | ||
with the county to provide public defender services. | ||
Representation by the public defender shall terminate at the | ||
first court appearance if the court determines that the minor | ||
is not indigent. | ||
Every court shall, with the consent of the defendant and | ||
where the court finds that the rights of the defendant would be | ||
prejudiced by the appointment of the public defender, appoint | ||
counsel other than the public defender, except as otherwise | ||
provided in Section 113-3 of the "Code of Criminal Procedure | ||
of 1963". That counsel shall be compensated as is provided by | ||
law. He shall also, in the case of the conviction of any such | ||
person, prosecute any proceeding in review which in his | ||
judgment the interests of justice require. | ||
In counties with a population over 3,000,000, the public | ||
defender, without fee or appointment and with the concurrence | ||
of the county board, may act as attorney to noncitizens in | ||
immigration cases. Representation by the public defender in | ||
immigration cases shall be limited to those arising or being | ||
heard within the geographical boundaries of the county where | ||
the public defender has been appointed to office and to those | ||
of county residents with immigration cases outside of the | ||
county unless the board authorizes the public defender to | ||
provide representation beyond those limits. | ||
After the public defender has been appointed to represent | ||
a defendant in a criminal case, the public defender may choose | ||
to represent the client in a statutory summary suspension | ||
proceeding under Section 2-118.1 of the Illinois Vehicle Code | ||
arising from the same arrest. This Section shall not be | ||
construed to establish a right to counsel in a statutory | ||
summary suspension proceeding under Section 2-118.1 of the | ||
Illinois Vehicle Code. | ||
(Source: P.A. 104-225, eff. 8-15-25; revised 12-12-25.) | ||