Rep. Will Guzzardi
Filed: 1/29/2018
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1 | AMENDMENT TO HOUSE BILL 4287
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2 | AMENDMENT NO. ______. Amend House Bill 4287 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 113-3 as follows:
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6 | (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
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7 | Sec. 113-3.
(a) Every person charged with an offense shall | ||||||
8 | be
allowed counsel before pleading to the charge. If the | ||||||
9 | defendant desires
counsel and has been unable to obtain same | ||||||
10 | before arraignment the court
shall recess court or continue the | ||||||
11 | cause for a reasonable time to permit
defendant to obtain | ||||||
12 | counsel and consult with him before pleading to the
charge. If | ||||||
13 | the accused is a dissolved corporation, and is not represented
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14 | by counsel, the court may, in the interest of justice, appoint | ||||||
15 | as counsel a
licensed attorney of this State.
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16 | (b) In all cases, except where
the penalty is a fine only, |
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1 | if the
court determines that the defendant is indigent and | ||||||
2 | desires counsel, the
Public Defender shall be appointed as | ||||||
3 | counsel. The court shall not deny the appointment of a Public | ||||||
4 | Defender based solely on the posting of bond by the defendant. | ||||||
5 | If there is no Public
Defender in the county or if the | ||||||
6 | defendant requests counsel other than
the Public Defender and | ||||||
7 | the court finds that the rights of the defendant
will be | ||||||
8 | prejudiced by the appointment of the Public Defender, the court
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9 | shall appoint as counsel a licensed attorney at law of this | ||||||
10 | State,
except that in a county having a population of 2,000,000 | ||||||
11 | or
more the
Public Defender shall be appointed as counsel in | ||||||
12 | all misdemeanor cases
where the defendant is indigent and | ||||||
13 | desires counsel unless the case
involves multiple defendants, | ||||||
14 | in which case the court may appoint
counsel other than the | ||||||
15 | Public Defender for the additional defendants.
The court shall | ||||||
16 | require an affidavit signed by any defendant who
requests | ||||||
17 | court-appointed counsel. Such affidavit shall be in the form
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18 | established by the Supreme Court containing
sufficient | ||||||
19 | information to ascertain the assets and liabilities of that
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20 | defendant. The Court may direct the Clerk of the Circuit Court | ||||||
21 | to
assist the defendant in the completion of the affidavit. Any | ||||||
22 | person who
knowingly files such affidavit containing false | ||||||
23 | information concerning
his assets and liabilities shall be | ||||||
24 | liable to the county where the
case, in which such false | ||||||
25 | affidavit is filed, is pending for the
reasonable value of the | ||||||
26 | services rendered by the public defender or
other |
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1 | court-appointed counsel in the case to the extent that such
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2 | services were unjustly or falsely procured.
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3 | (c) Upon the filing with the court of a verified statement | ||||||
4 | of
services rendered the court shall order the county treasurer | ||||||
5 | of the
county of trial to pay counsel other than the Public | ||||||
6 | Defender a reasonable fee.
The court shall consider all | ||||||
7 | relevant circumstances, including but not limited
to the time | ||||||
8 | spent while court is in session, other time spent in | ||||||
9 | representing
the defendant, and expenses reasonably incurred | ||||||
10 | by counsel. In counties
with a population greater than | ||||||
11 | 2,000,000,
the court shall order the county
treasurer of the | ||||||
12 | county of trial to pay counsel other than the Public Defender
a | ||||||
13 | reasonable fee stated in the order and based upon a rate of | ||||||
14 | compensation
of not more than $40 for each hour spent while | ||||||
15 | court is in session and
not more than $30 for each hour | ||||||
16 | otherwise spent representing a
defendant, and such | ||||||
17 | compensation shall not exceed $150 for each
defendant | ||||||
18 | represented in misdemeanor cases and $1250 in felony cases, in
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19 | addition to expenses reasonably incurred as hereinafter in this | ||||||
20 | Section
provided, except that, in extraordinary circumstances, | ||||||
21 | payment in excess
of the limits herein stated may be made if | ||||||
22 | the trial court certifies
that such payment is necessary to | ||||||
23 | provide fair compensation for
protracted representation. A | ||||||
24 | trial court may entertain the filing of this
verified statement | ||||||
25 | before the termination of the cause, and may order the
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26 | provisional payment of sums during the pendency of the cause.
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1 | (d) In capital cases, in addition to counsel, if the court
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2 | determines that the defendant is indigent the court may, upon | ||||||
3 | the filing
with the court of a verified statement of services | ||||||
4 | rendered, order the
county Treasurer of the county of trial to | ||||||
5 | pay necessary expert
witnesses for defendant reasonable | ||||||
6 | compensation stated in the order not
to exceed $250 for each | ||||||
7 | defendant.
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8 | (e) If the court in any county having a population greater | ||||||
9 | than
2,000,000 determines that the defendant is indigent the | ||||||
10 | court
may, upon the filing with the court of a verified | ||||||
11 | statement of such expenses,
order the county treasurer of the | ||||||
12 | county of trial, in such counties
having a population greater | ||||||
13 | than 2,000,000 to pay the general
expenses of the trial | ||||||
14 | incurred by the defendant not to exceed $50 for each
defendant.
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15 | (f) The provisions of this Section relating to appointment | ||||||
16 | of counsel,
compensation of counsel, and payment of expenses
in | ||||||
17 | capital cases apply except when the compensation and expenses | ||||||
18 | are being
provided under the Capital Crimes Litigation Act.
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19 | (Source: P.A. 91-589, eff. 1-1-00.)".
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