Full Text of SB3259 100th General Assembly
SB3259 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3259 Introduced 2/15/2018, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/102-11.5 new | | 725 ILCS 5/113-3 | from Ch. 38, par. 113-3 |
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Amends the Code of Criminal Procedure of 1963. Provides that the posting of bail by a defendant shall not be a factor when considering if he or she qualifies for the appointment of a Public Defender. Defines "indigent". Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by adding Section 102-11.5 and by changing Section | 6 | | 113-3 as follows: | 7 | | (725 ILCS 5/102-11.5 new) | 8 | | Sec. 102-11.5. "Indigent". | 9 | | "Indigent" means: (1) the person is receiving assistance | 10 | | under one or more of the following public benefits programs: | 11 | | Supplemental Security Income, Aid to the Aged, Blind, and | 12 | | Disabled, Temporary Assistance for Needy Families, Food | 13 | | Stamps, Supplemental Nutrition Assistance Program, General | 14 | | Assistance, Transitional Assistance, or State Children and | 15 | | Family Assistance; (2) the person's available income is 125% or | 16 | | less of the current poverty level as established by the United | 17 | | States Department of Health and Human Services, unless the | 18 | | person's assets are of a nature and value that the court | 19 | | determines that the person is able to pay the fees, costs, and | 20 | | charges; or (3) the person is, in the discretion of the court, | 21 | | unable to proceed in an action without payment of fees, costs, | 22 | | and charges and the payment of those fees, costs, and charges | 23 | | would result in substantial hardship to the person or his or |
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| 1 | | her family.
| 2 | | (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
| 3 | | Sec. 113-3. Right to counsel. | 4 | | (a) Every person charged with an offense shall be
allowed | 5 | | counsel before pleading to the charge. If the defendant desires
| 6 | | counsel and has been unable to obtain same before arraignment | 7 | | the court
shall recess court or continue the cause for a | 8 | | reasonable time to permit
defendant to obtain counsel and | 9 | | consult with him before pleading to the
charge. If the accused | 10 | | is a dissolved corporation, and is not represented
by counsel, | 11 | | the court may, in the interest of justice, appoint as counsel a
| 12 | | licensed attorney of this State.
| 13 | | (b) In all cases, except where
the penalty is a fine only, | 14 | | if the
court determines that the defendant is indigent and | 15 | | desires counsel, the
Public Defender shall be appointed as | 16 | | counsel. The posting of bail by the defendant shall not be a | 17 | | factor when considering if he or she qualifies for the | 18 | | appointment of a Public Defender. If there is no Public
| 19 | | Defender in the county or if the defendant requests counsel | 20 | | other than
the Public Defender and the court finds that the | 21 | | rights of the defendant
will be prejudiced by the appointment | 22 | | of the Public Defender, the court
shall appoint as counsel a | 23 | | licensed attorney at law of this State,
except that in a county | 24 | | having a population of 2,000,000 or
more the
Public Defender | 25 | | shall be appointed as counsel in all misdemeanor cases
where |
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| 1 | | the defendant is indigent and desires counsel unless the case
| 2 | | involves multiple defendants, in which case the court may | 3 | | appoint
counsel other than the Public Defender for the | 4 | | additional defendants.
The court shall require an affidavit | 5 | | signed by any defendant who
requests court-appointed counsel. | 6 | | Such affidavit shall be in the form
established by the Supreme | 7 | | Court containing
sufficient information to ascertain the | 8 | | assets and liabilities of that
defendant. The Court may direct | 9 | | the Clerk of the Circuit Court to
assist the defendant in the | 10 | | completion of the affidavit. Any person who
knowingly files | 11 | | such affidavit containing false information concerning
his | 12 | | assets and liabilities shall be liable to the county where the
| 13 | | case, in which such false affidavit is filed, is pending for | 14 | | the
reasonable value of the services rendered by the public | 15 | | defender or
other court-appointed counsel in the case to the | 16 | | extent that such
services were unjustly or falsely procured.
| 17 | | (c) Upon the filing with the court of a verified statement | 18 | | of
services rendered the court shall order the county treasurer | 19 | | of the
county of trial to pay counsel other than the Public | 20 | | Defender a reasonable fee.
The court shall consider all | 21 | | relevant circumstances, including but not limited
to the time | 22 | | spent while court is in session, other time spent in | 23 | | representing
the defendant, and expenses reasonably incurred | 24 | | by counsel. In counties
with a population greater than | 25 | | 2,000,000,
the court shall order the county
treasurer of the | 26 | | county of trial to pay counsel other than the Public Defender
a |
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| 1 | | reasonable fee stated in the order and based upon a rate of | 2 | | compensation
of not more than $40 for each hour spent while | 3 | | court is in session and
not more than $30 for each hour | 4 | | otherwise spent representing a
defendant, and such | 5 | | compensation shall not exceed $150 for each
defendant | 6 | | represented in misdemeanor cases and $1250 in felony cases, in
| 7 | | addition to expenses reasonably incurred as hereinafter in this | 8 | | Section
provided, except that, in extraordinary circumstances, | 9 | | payment in excess
of the limits herein stated may be made if | 10 | | the trial court certifies
that such payment is necessary to | 11 | | provide fair compensation for
protracted representation. A | 12 | | trial court may entertain the filing of this
verified statement | 13 | | before the termination of the cause, and may order the
| 14 | | provisional payment of sums during the pendency of the cause.
| 15 | | (d) In capital cases, in addition to counsel, if the court
| 16 | | determines that the defendant is indigent the court may, upon | 17 | | the filing
with the court of a verified statement of services | 18 | | rendered, order the
county Treasurer of the county of trial to | 19 | | pay necessary expert
witnesses for defendant reasonable | 20 | | compensation stated in the order not
to exceed $250 for each | 21 | | defendant.
| 22 | | (e) If the court in any county having a population greater | 23 | | than
2,000,000 determines that the defendant is indigent the | 24 | | court
may, upon the filing with the court of a verified | 25 | | statement of such expenses,
order the county treasurer of the | 26 | | county of trial, in such counties
having a population greater |
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| 1 | | than 2,000,000 to pay the general
expenses of the trial | 2 | | incurred by the defendant not to exceed $50 for each
defendant.
| 3 | | (f) The provisions of this Section relating to appointment | 4 | | of counsel,
compensation of counsel, and payment of expenses
in | 5 | | capital cases apply except when the compensation and expenses | 6 | | are being
provided under the Capital Crimes Litigation Act.
| 7 | | (Source: P.A. 91-589, eff. 1-1-00.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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