Full Text of HB4287 100th General Assembly
HB4287ham001 100TH GENERAL ASSEMBLY | Rep. Will Guzzardi Filed: 1/29/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4287
| 2 | | AMENDMENT NO. ______. Amend House Bill 4287 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 113-3 as follows:
| 6 | | (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
| 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
| 14 | | by counsel, the court may, in the interest of justice, appoint | 15 | | as counsel a
licensed attorney of this State.
| 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
| 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
| 18 | | established by the Supreme Court containing
sufficient | 19 | | information to ascertain the assets and liabilities of that
| 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
| 2 | | services were unjustly or falsely procured.
| 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
| 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
| 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
| 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.
| 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.
| 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.
| 19 | | (Source: P.A. 91-589, eff. 1-1-00.)".
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