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


Rep. Jennifer Gong-Gershowitz

Filed: 3/9/2021





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2    AMENDMENT NO. ______. Amend House Bill 2790 by replacing
3everything after the enacting clause with the following:
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



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1of Abortion Act of 1983 for any party who the court finds is
2financially unable to employ counsel.
3    In cases subject to Section 5-170 of the Juvenile Court
4Act of 1987 involving a minor who was under 15 years of age at
5the time of the commission of the offense, that occurs in a
6county with a full-time public defender office, a public
7defender, without fee or appointment, may represent and have
8access to a minor during a custodial interrogation. In cases
9subject to Section 5-170 of the Juvenile Court Act of 1987
10involving a minor who was under 15 years of age at the time of
11the commission of the offense, that occurs in a county without
12a full-time public defender, the law enforcement agency
13conducting the custodial interrogation shall ensure that the
14minor is able to consult with an attorney who is under contract
15with the county to provide public defender services.
16Representation by the public defender shall terminate at the
17first court appearance if the court determines that the minor
18is not indigent.
19    Every court shall, with the consent of the defendant and
20where the court finds that the rights of the defendant would be
21prejudiced by the appointment of the public defender, appoint
22counsel other than the public defender, except as otherwise
23provided in Section 113-3 of the "Code of Criminal Procedure
24of 1963". That counsel shall be compensated as is provided by
25law. He shall also, in the case of the conviction of any such
26person, prosecute any proceeding in review which in his



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1judgment the interests of justice require.
2    In counties with a population over 3,000,000, the public
3defender, without fee or appointment and with the concurrence
4of the county board, may act as attorney to noncitizens in
5immigration cases. Representation by the public defender in
6immigration cases shall be limited to those arising in
7immigration courts located within the geographical boundaries
8of the county where the public defender has been appointed to
9office unless the board authorizes the public defender to
10provide representation outside the county.
11(Source: P.A. 99-882, eff. 1-1-17.)".