093_HB3708

 
                                     LRB093 09695 MBS 09935 b

 1        AN ACT concerning counties.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Counties  Code  is  amended by changing
 5    Section 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
 8    Defender,  as  directed  by the court, shall act as attorney,
 9    without fee, before any  court  within  any  county  for  all
10    persons  who  are held in custody or who are charged with the
11    commission of any criminal offense, and who the  court  finds
12    are unable to employ counsel.
13        The  Public  Defender shall be the attorney, without fee,
14    when so appointed by the court  under  Section  1-20  of  the
15    Juvenile  Court  Act or Section 1-5 of the Juvenile Court Act
16    of 1987 or by any court under Section 5(b)  of  the  Parental
17    Notice  of  Abortion  Act of 1983 for any party who the court
18    finds is financially unable to employ counsel.
19        The Public Defender may act as attorney, without fee  and
20    appointment  by the court, for a person in custody during the
21    person's interrogation  regarding  first  degree  murder  for
22    which  the  death  penalty  may be imposed, if the person has
23    requested the advice of counsel and  there  is  a  reasonable
24    belief   that   the   person   is   indigent.   Any   further
25    representation  of the person by the Public Defender shall be
26    pursuant to Section 109-1 of the Code of  Criminal  Procedure
27    of 1963.
28        Every  court shall, with the consent of the defendant and
29    where the court finds that the rights of the defendant  would
30    be  prejudiced  by  the  appointment  of the public defender,
31    appoint counsel other than the  public  defender,  except  as
 
                            -2-      LRB093 09695 MBS 09935 b
 1    otherwise  provided in Section 113-3 of the "Code of Criminal
 2    Procedure of 1963". That counsel shall be compensated  as  is
 3    provided by law. He shall also, in the case of the conviction
 4    of  any such person, prosecute any proceeding in review which
 5    in his judgment the interests of justice require.
 6    (Source: P.A. 86-962.)