Full Text of HB2790 102nd General Assembly
HB2790ham001 102ND GENERAL ASSEMBLY | Rep. Jennifer Gong-Gershowitz Filed: 3/9/2021
| | 10200HB2790ham001 | | LRB102 14594 AWJ 22450 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2790
| 2 | | AMENDMENT NO. ______. Amend House Bill 2790 by replacing | 3 | | everything after the enacting clause with the following:
| 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 of | 16 | | 1987 or by any court under Section 5(b) of the
Parental Notice |
| | | 10200HB2790ham001 | - 2 - | LRB102 14594 AWJ 22450 a |
|
| 1 | | of Abortion Act of 1983 for any party who the court finds
is | 2 | | financially unable to employ counsel.
| 3 | | In cases subject to Section 5-170 of the Juvenile Court | 4 | | Act of 1987 involving a minor who was under 15 years of age at | 5 | | the time of the commission of the offense, that occurs in a | 6 | | county with a full-time public defender office, a public | 7 | | defender, without fee or appointment, may represent and have | 8 | | access to a minor during a custodial interrogation. In cases | 9 | | subject to Section 5-170 of the Juvenile Court Act of 1987 | 10 | | involving a minor who was under 15 years of age at the time of | 11 | | the commission of the offense, that occurs in a county without | 12 | | a full-time public defender, the law enforcement agency | 13 | | conducting the custodial interrogation shall ensure that the | 14 | | minor is able to consult with an attorney who is under contract | 15 | | with the county to provide public defender services. | 16 | | Representation by the public defender shall terminate at the | 17 | | first court appearance if the court determines that the minor | 18 | | is not indigent. | 19 | | Every court shall, with the consent of the defendant and | 20 | | where the court
finds that the rights of the defendant would be | 21 | | prejudiced by the
appointment of the public defender, appoint | 22 | | counsel other than the public
defender, except as otherwise | 23 | | provided in Section 113-3 of the
"Code of Criminal Procedure | 24 | | of 1963". That counsel shall be compensated
as is provided by | 25 | | law. He shall also, in the case of the conviction of
any such | 26 | | person, prosecute any proceeding in review which in his
|
| | | 10200HB2790ham001 | - 3 - | LRB102 14594 AWJ 22450 a |
|
| 1 | | judgment the interests of justice require.
| 2 | | In counties with a population over 3,000,000, the public | 3 | | defender, without fee or appointment and with the concurrence | 4 | | of the county board, may act as attorney to noncitizens in | 5 | | immigration cases. Representation by the public defender in | 6 | | immigration cases shall be limited to those arising in | 7 | | immigration courts located within the geographical boundaries | 8 | | of the county where the public defender has been appointed to | 9 | | office unless the board authorizes the public defender to | 10 | | provide representation outside the county. | 11 | | (Source: P.A. 99-882, eff. 1-1-17 .)".
|
|