Illinois General Assembly - Full Text of HB2790
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Full Text of HB2790  102nd General Assembly




HB2790 EnrolledLRB102 14594 AWJ 19947 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by changing
5Section 3-4006 as follows:
6    (55 ILCS 5/3-4006)  (from Ch. 34, par. 3-4006)
7    Sec. 3-4006. Duties of public defender. The Public
8Defender, as directed by the court, shall act as attorney,
9without fee, before any court within any county for all
10persons who are held in custody or who are charged with the
11commission of any criminal offense, and who the court finds
12are unable to employ counsel.
13    The Public Defender shall be the attorney, without fee,
14when so appointed by the court under Section 1-20 of the
15Juvenile Court Act or Section 1-5 of the Juvenile Court Act of
161987 or by any court under Section 5(b) of the Parental Notice
17of Abortion Act of 1983 for any party who the court finds is
18financially unable to employ counsel.
19    In cases subject to Section 5-170 of the Juvenile Court
20Act of 1987 involving a minor who was under 15 years of age at
21the time of the commission of the offense, that occurs in a
22county with a full-time public defender office, a public
23defender, without fee or appointment, may represent and have



HB2790 Enrolled- 2 -LRB102 14594 AWJ 19947 b

1access to a minor during a custodial interrogation. In cases
2subject to Section 5-170 of the Juvenile Court Act of 1987
3involving a minor who was under 15 years of age at the time of
4the commission of the offense, that occurs in a county without
5a full-time public defender, the law enforcement agency
6conducting the custodial interrogation shall ensure that the
7minor is able to consult with an attorney who is under contract
8with the county to provide public defender services.
9Representation by the public defender shall terminate at the
10first court appearance if the court determines that the minor
11is not indigent.
12    Every court shall, with the consent of the defendant and
13where the court finds that the rights of the defendant would be
14prejudiced by the appointment of the public defender, appoint
15counsel other than the public defender, except as otherwise
16provided in Section 113-3 of the "Code of Criminal Procedure
17of 1963". That counsel shall be compensated as is provided by
18law. He shall also, in the case of the conviction of any such
19person, prosecute any proceeding in review which in his
20judgment the interests of justice require.
21    In counties with a population over 3,000,000, the public
22defender, without fee or appointment and with the concurrence
23of the county board, may act as attorney to noncitizens in
24immigration cases. Representation by the public defender in
25immigration cases shall be limited to those arising in
26immigration courts located within the geographical boundaries



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1of the county where the public defender has been appointed to
2office unless the board authorizes the public defender to
3provide representation outside the county.
4(Source: P.A. 99-882, eff. 1-1-17.)