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Sen. John J. Cullerton
Filed: 2/25/2004
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09300SB2535sam001 |
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LRB093 18599 RLC 48002 a |
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| AMENDMENT TO SENATE BILL 2535
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| AMENDMENT NO. ______. Amend Senate Bill 2535 on page 1, by |
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| inserting between lines 27 and 28 the following:
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| "In a homicide case occurring in a county with a full-time |
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| public defender office, the public defender, without fee or |
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| appointment, shall be authorized to represent and have personal |
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| access to a suspect during a custodial interrogation when:
(1) |
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| the suspect invokes his or her right to counsel and completes a |
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| statement of indigence as required for appointment of a public |
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| defender; and
(2) the law enforcement officers interrogating |
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| the suspect have a reasonable belief that the suspect is |
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| indigent, based upon the statement of indigence, with any doubt |
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| as to indigency being resolved in favor of allowing access to |
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| the public defender; and
(3) the facts of the case as known to |
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| the law enforcement officers at the time of the interrogation |
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| indicate that one or more of the aggravating factors set forth |
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| in Section 9-1 of the Criminal Code of 1961 are present. Doubt |
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| as to the presence of one or more aggravating factors shall be |
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| resolved in favor of allowing access to the public defender.
In |
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| counties that do not have a full-time public defender, a good |
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| faith effort shall be made to ensure that the suspect has the |
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| opportunity to consult with an attorney under contract to |
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| provide public defender services in as timely a manner as is |
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| practicable following invocation of his or her right to |
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| counsel, provided that the conditions set forth in clauses(2) |
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| and (3) are also met.
Representation by the public defender |